D A T E T U E S D A Y A P R I L 28, 2015
THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, APRIL 28, 2015, PURSUANT TO ADJOURNMENT ON TUESDAY, APRIL 21, 2015, AT THE HOUR OF 4:05:16 PM, AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1-110, SALT LAKE CITY, UTAH.
COUNCIL MEMBERS
PRESENT: JENNIFER WILSON
JIM BRADLEY
ARLYN BRADSHAW
AIMEE NEWTON
SAM GRANATO
MAX BURDICK, Vice Chair
COUNCIL MEMBERS
EXCUSED: MICHAEL JENSEN
STEVEN DEBRY
RICHARD SNELGROVE
OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR
SIM GILL, DISTRICT ATTORNEY
By: RALPH CHAMNESS, DEPUTY DISTRICT ATTORNEY
JASON ROSE, LEGAL COUNSEL, COUNCIL OFFICE
SHERRIE SWENSEN, COUNTY CLERK
By: LINDA DUFFY & NICHOLE WATT, DEPUTY CLERKS
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Council Member Burdick, Vice-Chair, presided.
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Mr. Larry Wiley led the Pledge of Allegiance to the Flag of the United States of America.
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Mr. Cody Zenger spoke under “Citizen Public Input” stating Fox13 News aired a misleading story about fees associated with the County’s landfill. He clarified that the landfill drop fees were not raised, but rather a group of small business owners brought to the County’s attention some loopholes that some businesses were using to get lower drop fees. These businesses were altering their vehicles and equipment, and claiming to be dumping residential loads to obtain a lower fee. This behavior is causing honest businesses and Salt Lake County to lose money. If the loopholes are not fixed, it will cause businesses to consider altering equipment just to compete with the market.
Council Member Bradshaw stated he saw the story on Fox13 News and would like clarification about tipping fee increases and operating differently under an existing policy.
Mr. Russ Wall, Director, Public Works Department, stated Mr. Zenger and other small business owners presented concerns on how loads were being charged. They are paying $135.00 per ton, while their competitors are paying $30.00 a ton, up to six tons, because of the loopholes. After reviewing the current practices by the employees and customers at the landfill, it was determined there was a problem on how commercial loads versus residential loads were being charged. The Salt Lake Valley Landfill Standard Operating Procedures stated business loads are considered “any load that originates any place other than the driver’s personal home,” and will be charged accordingly. After identifying the problems, it was determined that the pre-existing policy and guidelines would be followed. The scale house operator will no longer make the decision on what type of load it is. Regardless of the type of load the amount will be the same; gross weight of 8,000 pounds or less will cost $10.00 and gross weight of 8,001 pounds and over will cost $31.35 per ton. There has been no fee increase or policy change. The fees are posted and the loopholes were identified and closed within the boundaries of the existing policy.
Council Member Wilson asked if businesses were misrepresenting themselves, and if so criminal charges should be pursued. Furthermore; she would like additional information brought to a Committee of the Whole meeting so the Council can better understand the practices and enforcement policies.
Mr. Wall stated some businesses are removing signage from their vehicles and presenting themselves as a resident so they can be charged less. It is the responsibility of the scale house operator to determine what type of load it is, but that is done based on the honor system of the customer.
Council Member Newton stated if the media continues with this type of coverage, it is important to share both sides of the story and make the County’s position clear.
Council Member Bradshaw stated he wanted to make sure that any changes made were communicated to Salt Lake City, which is a partner in the landfill.
Mr. Wall stated prior to the administrative changes, he met with Salt Lake County Landfill Council and partners to notify them of the problems and possible resolution. All parties agreed action needed to be taken. The District Attorney’s Office was also notified of changes being made.
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Council Member Newton spoke under “Report of Council Members” stating Millcreek Township will start a glass recycling program this summer. Wasatch Front Waste and Recycling District will pick up glass once a month and charge an $8.00 monthly fee.
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Council Member Granato spoke under “Report of Council Members” stating artist Meo Carbone will display his art exhibit on May 4, 2015, at the Rose Wagner Performing Arts Center from 5:30 p.m. to 8:00 p.m.
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Council Member Burdick spoke under “Report of Council Members” presenting Mayor Ben McAdams with a signed copy of Senate Bill 199, the Community Preservation Bill.
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Mr. Lee Colvin, Manager, Real Estate Division, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an IRRIGATION PIPELINE EASEMENT between Salt Lake County for its Real Estate Division and Country Classic Estates. Salt Lake County will convey a 16-foot wide perpetual easement along the southern boundary of its property located at approximately 14147 South 2700 West in Bluffdale (Parcel No. 33-04-351-002) to Country Classic Estates to access and maintain the irrigation pipeline. This easement will be granted for no fee, since the irrigation pipeline has existed on the County property for more than twenty years.
RESOLUTION NO. 4929 DATE: April 28, 2015
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PERPETUAL EASEMENT AGREEMENT WITH COUNTRY CLASSIC ESTATES
RECITALS
A. Salt Lake County (the “County”) owns a parcel of real property located at approximately 14148 South 2700 West in Bluffdale, Utah, Parcel No. 33-04-351-002 (the “County Property”), which was purchased to be used as a public park.
B. Prior to the County’s acquisition of the County Property, Country Classic Estates (“Country Classic”) or its predecessor installed an irrigation pipeline along the southern boundary of the County Property, replacing an irrigation ditch that had been in place for many years prior to that, but no easement documenting this use was recorded.
C. At the time the County acquired the County Property, the County was unaware of the existence of the irrigation pipeline.
D. Because this irrigation pipeline has existed on the County Property for more than twenty years, this easement will be granted for no fee.
E. The County and Country Classic have prepared an Easement Agreement, attached as Exhibit A hereto (“Easement Agreement”), wherein the County grants a 16 foot wide perpetual easement along the southern boundary of the County Property to Country Classic to access and maintain the irrigation pipeline.
F. It has been determined that the best interests of the County and the general public will be served by executing the Easement Agreement. The terms and conditions of the Easement Agreement are in compliance with all applicable state statutes and county ordinances.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Easement Agreement, attached hereto as Exhibit A and by this reference made a part of this Resolution, is hereby approved; and the Mayor is hereby authorized to execute said Easement Agreement and to deliver the fully executed document to the County Real Estate Section to be recorded and delivered to Country Classic.
APPROVED and ADOPTED this 28th day of April, 2015.
SALT LAKE COUNTY COUNCIL
ATTEST (SEAL)
By /s/ MAX BURDICK
Vice-Chair
By /s/ DAHNELLE BURTON-LEE
Chief Deputy County Clerk
Council Member Bradshaw, seconded by Council Member Wilson, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Vice Chair to execute the resolution and directing the Chief Deputy County Clerk to attest his signature, showing that all Council Members present voted “Aye.”
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Mr. David Barber, a member of the ZAP Tier II Advisory Board, submitted a Disclosure of Private Business Interests Form advising the Council that he has no conflicts of interest.
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Ms. Viola Murray, a member of the ZAP Tier II Advisory Board, submitted a Disclosure of Private Business Interests Form advising the Council that she is a volunteer board member for the Murray Arts Council.
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Ms. Noemi V. Hernandez, a member of the ZAP Tier II Advisory Board, submitted a Disclosure of Private Business Interests Form advising the Council that she has no conflicts of interest.
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Mr. Steven V. Cottam, a member of the ZAP Tier II Advisory Board, submitted a Disclosure of Private Business Interests Form advising the Council that he has no conflicts of interest.
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Ms. Elizabeth Giraurd, a member of the ZAP Tier II Advisory Board, submitted a Disclosure of Private Business Interests Form advising the Council that she has no conflicts of interest.
Council Member Bradshaw, seconded by Council Member Wilson, moved to accept the Disclosure Forms and make them a matter of record. The motion passed unanimously, showing that all Council Members present voted “Aye.”
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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending denial of the request of BZW Investments to correct an error and adjust the market value due to an erroneous assessment, and refund taxes overpaid on properties identified as Parcel Nos. 08-15-426-007 and 08-15-426-008.
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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval to grant a 2013 primary residential exemption and refund taxes overpaid in the amount of $2,191.49 on Casa De Bella property identified as Parcel No. 24-35-127-001.
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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending denial of the request of Jerard Dinkelman to adjust the market value, due to an erroneous assessment and refund taxes overpaid on property identified as Parcel Nos. 27-02-301-081 and 27-02-301-086.
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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval to grant a 2011-2013 primary residential exemption and refund taxes overpaid in the amount of $4,201.41 for 2011, $4,546.40 for 2012, and $4,210.38 for 2013 on James Okland property identified as Parcel No. 16-36-311-002.
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Mr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of vehicle taxes:
Taxpayer Year Refund
Charus R. Rackham 2015 $153.00
Motor Sportsland 2015 $303.16
Thomas A. Alsup 2014 $ 10.00
2014 $ 20.00
2014 $ 30.00
2014 $ 35.00
Backy L. Greghun 2014 $150.00
Robert P. Redmiles Hodge 2014 $ 50.00
Raymond Sego 2014 $ 80.00
Thomas J. Vlakovich 2014 $ 80.00
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Mr. Kevin Jacobs, County Assessor, submitted a letter recommending reduction of the 2010-2014 delinquent property taxes to $0 on West Valley City property identified as Parcel No. 15-22-429-024. West Valley City acquired the property by warranty deed December 31, 1999, and the property should have been 100 percent exempt. He also recommended abatement of property taxes, or refund if paid, plus the appropriate penalty and interest.
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Mr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the amounts indicated be issued to the following taxpayers for overpayment of personal property taxes:
Taxpayer Tax Roll No. Year Refund
Sugar Post Inc. 14U158135 2015 $ 96.33
Documart 24 056818 2015 $ 274.34
Associated Management 55 109808 2015 $ 624.76
Quality Oil Company ABB072032 2015 $ 895.23
William J. Bogus OD 01J005330 2015 $5,838.00
Champion Fabricating & Supply 30K017885 2015 $2,411.33
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Mr. Kevin Jacobs, County Assessor, submitted a letter recommending that a refund in the amount of $71.97 be issued to Becky Castillo for overpayment of 2015 manufactured home property taxes on property identified as Tax Roll No. 55 203911.
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Mr. K. Wayne Cushing, County Treasurer, submitted letters recommending partial release of tax liens on the following properties. These properties were transferred or conveyed to new owners without satisfaction of all outstanding property tax obligations. He also requested authorization to release and reapply all liens for delinquent taxes, interest, penalties, and administrative costs, and to bill the co-owners for their respective portion based on the owner’s interest compared to the whole:
Taxpayer Parcel No.