· Web viewMr. Kevin Jacobs, County Assessor, submitted letters recommending that refunds in the...

D A T E T U E S D A Y N O V E M B E R 24, 2015

1 THE SALT LAKE COUNTY COUNCIL, STATE OF UTAH, MET ON TUESDAY, NOVEMBER 24, 2015, PURSUANT TO ADJOURNMENT ON TUESDAY, NOVEMBER 17, 2015, AT THE HOUR OF 4:01:44 PM AT THE SALT LAKE COUNTY GOVERNMENT CENTER, 2001 SO. STATE STREET, ROOM N1-110, SALT LAKE CITY, UTAH.

COUNCIL MEMBERSPRESENT: JENNIFER WILSON

JIM BRADLEYARLYN BRADSHAWMICHAEL JENSENAIMEE WINDER NEWTONSAM GRANATOMAX BURDICKRICHARD SNELGROVE, Chair

COUNCIL MEMBERSEXCUSED: STEVEN DEBRY

OTHERS IN ATTENDANCE: BEN MCADAMS, MAYOR By: LORI BAYS, DEPUTY MAYORSIM GILL, DISTRICT ATTORNEY PLANNING & ZONING MEETING

By: CHRIS PRESTON, DEPUTY DISTRICT ATTORNEYJASON ROSE, LEGAL COUNSEL, COUNCIL OFFICESHERRIE SWENSEN, COUNTY CLERK

By: LINDA DUFFY & NICHOLE WATT, DEPUTY CLERKS

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Council Member Snelgrove, Chair, presided.

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A student from the audience led the Pledge of Allegiance to the Flag of the United States of America.

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Ms. Alexandra Eframo opened the meeting with an invocation/reading/thought.

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Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the minutes of the Salt Lake County Council meeting held on Tuesday, November 17, 2015. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Ms. Alexandra Eframo spoke under “Citizen Public Input” regarding her opposition to a tax increase and County employee raises. She also spoke about an encounter with the District Attorney’s Office, and her desire to have one Council Member per week lead a meditation at the beginning of the meeting.

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Mayor Ben McAdams submitted letters requesting the Council’s advice and consent to the reappointments of Grace Lin and Elizabeth Mitchell as members of the Zoo, Arts, and Parks (ZAP) Tier I Advisory Board to serve three-year terms. Their terms will begin January 1, 2016, and end December 31, 2019.

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Mayor Ben McAdams submitted a letter requesting the Council’s advice and consent to the reappointment of Noemi Hernandez-Belcazar as a member of the Zoo, Arts, and Parks (ZAP) Tier II Advisory Board to serve a three-year term. Her term will begin January 1, 2016, and end December 31, 2019.

Council Member Jensen, seconded by Council Member Granato, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the requests and forward them to the November 24, 2015, Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Council Member Snelgrove spoke under “Report of Council Members” regarding the passing of former Council Member Randy Horiuchi. Although he was a political opponent, he was very pleasant to be around. Even though they disagreed, Mr. Horiuchi was never disagreeable.

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Council Member Wilson spoke under “Report of Council Members” regarding the passing of former Council Member Randy Horiuchi. Mr. Horiuchi was her first boss in politics. No one had the impact on County government as he did. She wanted to be on record as stating her appreciation and admiration for him.

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Council Member Granato spoke under “Report of Council Members” regarding the passing of former Council Member Randy Horiuchi. Mr. Horiuchi brought him into public service by appointing him to the then-named Salt Lake City County Health Department. He also trained Leslie Reberg, who is now Mr. Granato’s senior policy advisor.

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The Council recommended the following nominees be forwarded to Governor Gary Herbert for his consideration in filling vacancies on the Board of Directors, Central Utah Water Conservancy District, to represent the geographical area of Salt Lake County:

1 st Appointment 2 nd Appointment 3 rd Appointment Tom Dolan Claude Hicken Aimee NewtonNichole Martin Al Mansell Adam GardnerMax Burdick Gregory Christensen Bart Barker

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradley, seconded by Council Member Jensen, moved to nominate the following (listed above), listed in order of preference, and to forward the nominations to the November 24, 2015, Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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During the November 23, 2015, Committee of the Whole meeting, the Council discussed meeting with representatives from the other large counties within Utah to discuss mutual concerns. The meeting is tentatively scheduled for January 20, 2016, and will be sponsored by the Utah Association of Counties.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the discussion held during the November 23, 2015, Committee of the Whole meeting whereby Council Member Newton would pursue the meeting idea. The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Council Member Wilson submitted a letter which she recommended be sent to the Utah Congressional delegation supporting extending or making permanent the three expiring provisions of the Federal Earned Income Tax Credit and Child Tax Credit.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Burdick, seconded by Council Member Granato, moved to approve sending the letter, and to forward the matter to the November 24, 2015, Council meeting for formal consideration. The motion passed

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unanimously.] The Council motion passed unanimously, showing that all Council Members present voted “Aye.”

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Ms. Antigone Carlson, Contracts Administrator, Contracts and Procurement Division, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL COOPERATION AGREEMENT between Salt Lake County for its Public Works Operations Division and Cottonwood Heights City – Cost Share to pave the intersection of Creek Road and Highland Drive. Salt Lake County will pay Cottonwood Heights City 50 percent of the costs, not to exceed $23,000, to pave the intersection of Creek Road and Highland Drive. The agreement will terminate on December 31, 2015.

RESOLUTION NO. 5020 DATE: NOVEMBER 24, 2015

A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH COTTONWOOD HEIGHTS CITY TO PAVE THE INTERSECTION OF CREEK ROAD AND HIGHLAND DRIVE

WITNESSETH

WHEREAS, Salt Lake County is the highway authority for all highways, roads, paths and ways within the County not designated as federal, state, city or special highways, roads, paths or ways; and

WHEREAS, the intersection of Creek Road and Highland Drive lies at the border of Cottonwood Heights City and unincorporated Salt Lake County; and

WHEREAS, Salt Lake County and Cottonwood Heights City desire to pave the intersection of Creek Road and Highland Drive; and

WHEREAS, the City has selected a qualified contractor (the “Contractor”) on a fair and open basis to perform the work; and

WHEREAS, Section 14.08.070 of the Salt Lake County Code of Ordinances, 2001, permits the County to cooperate with other highway authorities to improve and maintain public roads in their respective jurisdictions; and

WHEREAS, the City and County desire to enter into a cost-sharing interlocal agreement to fund the work, and which sets forth the rights, obligations and responsibilities for each party;

WHEREAS, it has been determined that the best interests of the County and the general public will be served by the execution of the attached Interlocal Cooperation Agreement and by participating as required therein.

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RESOLUTION

NOW, THEREFORE, IT IS HEREBY RESOLVED by the County Council of Salt Lake County that the attached Interlocal Cooperation Agreement is approved; and the Mayor is authorized to execute said agreement, a copy of which is attached as Exhibit 1 and by this reference made a part of this Resolution.

1APPROVED and ADOPTED this 24 th day of November, 2015.

SALT LAKE COUNTY COUNCILATTEST (SEAL)

By /s/ RICHARD SNELGROVE Chair

By /s/ DAHNELLE BURTON-LEE Chief Deputy County Clerk

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Ms. Antigone Carlson, Contracts Administrator, Contracts and Procurement Division, submitted a letter recommending approval of the following RESOLUTION authorizing execution of an INTERLOCAL COOPERATION AGREEMENT between Salt Lake County for its Mayor’s Office and Taylorsville City – Transfer of Funds for Highway Purposes. Salt Lake County will transfer $1,200,000 from its First Class Highway Projects Fund to Taylorsville City to be used for regional development in accordance with applicable federal, state, and local laws, rules and regulations. Upon expenditure of the revenue, Taylorsville City shall provide a cost breakdown report to the County accounting for such expenditures. The agreement will terminate on the expenditure of the revenue and the associated reporting, or July 1, 2017.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL APPROVING EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT WITH TAYLORSVILLE CITY TO PROVIDE FOR $1,200,000 TO BE TRANSFERRED TO TAYLORSVILLE CITY TO USE FOR HIGHWAY PURPOSES

WITNESSETH

WHEREAS, pursuant to Section 41-1a-1222, Utah Code Ann., Salt Lake County has imposed a local option highway construction and transportation corridor preservation fee on each motor vehicle registration within the County; and

WHEREAS, fifty-percent of the revenue generated by said fee is deposited into the County of the First Class Highway Projects Fund pursuant to Section 72-2-121, Utah Code Ann., along with other moneys deposited therein, including certain sales and use taxes and voluntary contributions; and

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WHEREAS, during the 2015 General Session, the State legislature amended Section 72-2-121, Utah Code Ann., to provide $25,000,000 from the County of the First Class Highway Projects Fund be transferred to the legislative body of Salt Lake County to be used for certain highway purposes; and

WHEREAS, the County desires to use the revenue to further regional development in Salt Lake County for the purposes described in Section 72-2,121, Utah Code Ann., and in accordance with other applicable law; and

WHEREAS, the County and Taylorsville City now desire to enter into an Interlocal Cooperation Agreement to provide for $1,200,000 of the revenue to be transferred to the City to pay for the highway purposes described in Section 72-2-121, Utah Code Ann.; and

WHEREAS, it has been determined that the best interests of the County and the general public will be served by the execution of the attached Interlocal Cooperation Agreement and by participating as required therein.

RESOLUTION

NOW, THEREFORE, IT IS HEREBY RESOLVED by the County Council of Salt Lake County that the attached Interlocal Cooperation Agreement is approved; and the Mayor is authorized to execute said agreement, a copy of which is attached as Exhibit 1 and by this reference made a part of this Resolution.





Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the resolutions and forward them to the November 24, 2015, Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to execute the resolutions and directing the Chief Deputy County Clerk to attest his signature, showing that all Council Members present voted “Aye.”

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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:

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Taxpayer Year Refund

Matthew C. Baker 2014 $110.002015 $110.00

Michele H. Schneeweis 2014 $150.002015 $150.00

Madiha Ahmed 2015 $ 13.00

Reed Bailey 2015 $ 20.00

Anne L. Barton 2015 $153.00

Eagle Pointe Trucking 2015 $527.51

Kathleen H. Fehrmann 2015 $153.002015 $ 53.00

Clark L. Jensen 2015 $ 83.00

Scot Martin 2015 $153.00

Reagan S. Wood 2015 $113.00

Patricia Wright 2015 $ 83.00

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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 2015 personal property taxes:

Taxpayer Account No. Refund

Paramount Financial Services AAH 149933 $ 93.56Summer Radmall 37 207217 $ 94.59Gerry Ann Marty 21 021154 $ 32.98Highland Ridge Hospital 30A 077174 $ 64.34Micro Assist 21Y 137247 $ 35.10Angela Keen MD 82 147499 $1,528.00Joseph T. Ryerson & Son 13A 163769 $ 188.70Yellow Pages.Com 13 155976 $ 333.82United Parcel Service – HUB 13 700775 $ 85.27Pfizer 13 700188 $ 61.71

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted letters recommending approval of the requests of the following taxpayers for 2015 tax relief:

Taxpayer Parcel No. Type of Relief

Melisa Garcia 14-34-130-024 HardshipJanis Haehle 16-17-251-013 HardshipStarr Hollingsworth 21-06-384-006 HardshipMartha Robbins 21-18-408-016 HardshipSiu King Yan 16-15-328-018 HardshipKarla Andersen 22-07-428-028 IndigentRuby V. Bell 15-29-154-001 CB, IndigentLeone Black 15-29-301-001 CBArdis W. Brown 34-09-151-024 IndigentDianne Brown 21-04-280-005 BlindJoan L. Brown 28-17-126-010 CB, IndigentPatricia A. Brown 15-27-329-015 CBDarlene Cano 21-20-152-010 IndigentMaxine A. Chestang 22-35-201-005 HardshipCarole Christensen 16-08-330-006 CB, IndigentLarry R. Christensen 22-25-352-009 HardshipPatricia L. Cook 27-03-353-092 CB, IndigentCharlotte T. Easter 16-27-327-047 CBDavid J. England 21-06-454-006 IndigentErica A. Erekson 22-03-331-094 IndigentRobert W. Frazier 16-29-227-013 CB, IndigentArlene Gardner 16-19-326-004 BlindRosemary Gioielli 15-27-208-002 IndigentVendella J. Graven 21-11-128-025 CB, IndigentDoris M. Gray 16-07-378-005 CBCharles E. Holt 22-22-127-010 HardshipGeorge W. Irvine 16-34-477-013 BlindMelba M. Kaelin 16-36-302-002 CBRuth S. Kunz 22-06-253-050 CBLilly M. Lucero 16-08-406-009 IndigentVoula Maroudas 16-33-404-011 CBWilliam K. Marsden 16-16-478-007 CB, IndigentJoan S. Maurice 22-28-153-022 CBVicki Melton 22-20-278-016 CBAaron J. Miller 16-18-409-025 HardshipLoris M. Nielsen 21-36-328-003 CBDarlene Ogaard 20-01-253-008 HardshipJohn V. Ozberkmen 21-24-429-014 IndigentLeila BW Pappas 21-13-328-002 CBLila D. Privett 21-07-453-005 CBHelen Rico 21-36-330-030 CB

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Rachel Sander 21-07-327-028 CBJane Sharpe 21-07-426-017 CBForrest A. Shaw 14-29-327-017 IndigentMatilda Silva 22-30-356-010 CB, IndigentRoger L. Stahl 32-12-206-002 CB, IndigentWilliam F. Stout 20-27-409-018 CB, IndigentNadine W. Sylvester 22-22-303-003 CB, IndigentOfa Taiese 21-06-276-004 IndigentShirley A. Tew 22-05-206-001 CBPhillip L. Tucker 15-30-283-001 CBJanice K. Tuke 21-20-453-029 CB, IndigentJohn Vallace Jr. 20-12-231-006 CBConnie Williams MH#207441 CBShawn R. Williams 27-27-477-005 IndigentJoy Okson Yom 21-26-151-020 CB, Indigent

Ms. Fehrmann also recommended denial of the requests of the following taxpayers for 2015 tax relief:

Taxpayer Parcel No.

Carmen B. Penrose 22-03-152-002Maxine A. Chestang 22-35-201-005Larry R. Christensen 22-25-352-009Carol J. Davis 08-27-477-004Sophia H. Parsons 22-07-107-008Abdi Sheikh-Hamud 14-27-181-007

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted letters recommending approval of the requests of the following taxpayers for veteran exemptions:

Taxpayer Parcel No. Year

Robert W. Boettcher 21-24-429-001 2015

Dale P. Bonner 22-17-206-002 2015

Theo D. Brasher Vehicles 2015

Filemon J. Delgado 08-27-303-005 2015Vehicles 2015

Vincent J. Dinato Vehicles 2015

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Phat T. Doan 14-25-177-060 2015Vehicles 2015

Guy L. Duffner Vehicles 2015

Stephen A. Fike Vehicles 2015

John M. Goetz 16-07-452-015 2015

Elizabeth Graybeal Vehicles 2015

Robert E. Griess Jr. Vehicles 2015

Daryell E. Jackson 08-27-301-020 2015Vehicles 2015

Scott K. Jackson 22-17-178-004 2015

Terry R. Johansen 22-19-404-011 2015

James Kidder Vehicles 2015

Carrie D. Mehr 16-17-101-003 2015

Brett A. Pace 21-34-428-001 2015

Adriana Palomino 14-25-261-033 2015

Marilyn Parkin Vehicles 2015

Patricia Potter 28-10-355-019 2015

Beverly R. Rees 16-26-402-005 2015

Daniel Saracino 21-03-252-016 2015

Stephen S. Smith 22-11-228-006 2015

Timothy W. Spitz Vehicles 2015

Karlene K. Thorkildsen 27-06-382-003 2015

Kristine E. VanWagoner 22-28-327-051 2015

Edward Whiteman 14-34-228-014 2015

Kenneth L. Myrick Jr. 27-28-251-040 2014

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Lamont Wardle 28-22-253-007 201128-22-253-007 201228-22-253-007 201328-22-253-007 2014

Ms. Fehrmann also recommended denial of the requests of the following taxpayers for 2015 veteran exemptions:

Taxpayer Parcel No.

Vincent J. Dinato 16-18-128-021Guy L. Duffner 09-32-378-007Joseph C. Mendez Vehicles

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Ms. Liz Fehrmann, Chair, Property Tax Committee, submitted a letter recommending approval of the request of Lamont Wardle for a disability exemption for tax years 2011-2014 on property identified as Parcel No. 28-22-253-007.

Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the recommendations. The motion passed unanimously, authorizing the County Treasurer to effect the same, showing that all Council Members present voted “Aye.”

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Mr. Neil Sarin, Deputy District Attorney, submitted the following ordinance, which makes changes to the GRAMA appeals procedure to be congruent with Utah Code Amendments, provides for a Chief Administrative Officer for appeals, provides for an appeals hearing board, makes changes to relevant definitions, and makes other related changes.

ORDINANCE NO. 1791 DATE: NOVEMBER 24, 2015

AN ORDINANCE AMENDING CHAPTER 2.82, ENTITLED “RECORDS MANAGEMENT,” OF THE SALT LAKE COUNTY CODE OF ORDINANCES, 2001, BY AMENDING SECTION 2.82.030 AND 2.82.100; MAKING CHANGES TO THE APPEALS PROCEDURE TO BE CONGRUENT WITH UTAH CODE AMENDMENTS; PROVIDING FOR A CHIEF ADMINISTRATIVE OFFICER FOR APPEALS; PROVIDING FOR AN APPEALS HEARING BOARD; CHANGES TO RELEVANT DEFINITIONS; AND MAKING OTHER RELATED CHANGES.

The County Legislative Body of Salt Lake County ordains as follows:

SECTION I. The Amendments made herein are designed by underlining the new substituted words. Words being deleted are designated by brackets with a line drawn through said words.

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SECTION II. Section 2.82.030 of the Salt Lake County Code of Ordinances, 2001, is amended to read as follows:

2.82.030 - Definitions.

As used in this chapter[, the following definitions shall be applicable.]:

A. "Act" means the Government Records Access and Management Act[, § 63-2-1, et seq., Utah Code Annotated, 1953, as amended].

B. "Agency" means any office, department, division, section, staff office, board, committee or other division of Salt Lake County Government, any public or private entity or person which contracts with the county to provide goods or services directly to the county, or any private nonprofit entity that receives funds from the county.

C. “Agency designee” means an individual chosen by the Agency to review an initial appeal of a person aggrieved by the county's classification of a record, the fees charged for a record, or by an agency's response to a record request.

D. “Chief Administrative Officer for Appeals” means an individual chosen by the county to be the chief administrative officer for purposes of a specific GRAMA request appeal.

[D]E. "Computer software application" means the series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval, and manipulation of data from the computer system, and any associated documentation, manuals or other source material explaining how to operate the software application. "Software" does not include the original data or record which is manipulated by the software.

[E]F. "Controlled records" means those defined as controlled under the provisions of this chapter and in accordance with the provisions of the Act.

[F]G. "Data" means individual elements or fields (for example, birth date, address) in records.

[G]H. "Designate" or "designation" means to give an initial or primary classification to a record or record series indicating the likely classification that a majority of such records or record series would likely be given if classified.

[H]I. "Dispose" means to destroy, or render irretrievable or illegible, a record or the information contained in it by any physical, electronic or other means, including unauthorized deletion or erasure of electronically recorded audio, visual, nonwritten formats, data processing or other records.

[I]J. "Nonpublic records" means those records defined as private, controlled or protected under the provisions of this chapter and of the Act.

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[J]K. "Private" records [shall refer to] means those records classified as private under the provisions of this chapter and of the Act.

[K]L. "Protected" records [shall refer to] means those records classified as protected under the provisions of this chapter and the Act.

[L]M. "Public" records [shall refer to] means those records which have not been classified as nonpublic in accordance with the provisions of this chapter and the Act.

[L.1. "Record" means all books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, or other documentary materials, and electronic data regardless of physical form or characteristics, prepared, owned, used, received or retained by the county where all the information in the original is reproducible by some mechanical, electronic, photographic or other means.2. "Record" does not mean:

a. Temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of a person for whom he is working;

b. Materials that are legally owned by an individual in his private capacity;c. Materials to which access is limited by the laws of copyright or patent,

unless owned by the county;d. Junk mail or commercial publications received by the county or by an

officer or employee of the county;e. Books and other materials that are catalogued, indexed, or inventoried

and contained in the collections of county libraries open to the public, regardless of physical form or characteristics of the material;

f. Personal notes or daily calendars prepared by any county officer or employee for personal use or the personal use of a supervisor or such notes, calendars or internal memoranda prepared for the use of an officer or agency acting in a quasi-judicial or deliberative process or pursuant to matters discussed in a meeting closed pursuant to Utah Open Meetings Act; or

g. Proprietary computer software applications as defined in Subsection C of this section that are developed or purchased by or for the county for its own use.]

N. “Record” means those materials as defined as records in the Act.

SECTION III. Section 2.82.100 of the Salt Lake County Code of Ordinances, 2001, is amended to read as follows:2.82.100 - Appeals.

A.1 . Persons aggrieved by the county's classification of a record, the fees charged for

a record, or by an agency's response to a record request may request and be granted an initial administrative appeal of that grievance, in accordance with

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countywide policies and procedures adopted by the council. The initial administrative appeal is made to the agency designee pursuant to countywide policies and procedures adopted by council.

2. A written notice of appeal shall be filed with the [council] agency designee within thirty (30) calendar days after notice of the date of the agency's action has been sent. The notice of appeal shall state the basis of the appeal and the relief requested.

3. [The council shall send a written notice by certified mail of the date and location of the hearing to the requester within five business days of receiving notice of the appeal. The council shall also send written notice to the agency administrator. The hearing shall be conducted in accordance with policies adopted by the council and with the Utah Open Meetings Act. The council may appoint hearing officers to conduct and hear appeals. A hearing officer may make recommendations to the council, which shall constitute the appeals board and which shall make all final decisions and orders.] Unless otherwise stipulated by the county and the persons aggrieved, the agency designee shall have seven (7) calendar days after the agency designee’s receipt of the notice of appeal (or fourteen (14) calendar days after the county sends a notice of appeal to a person who submitted a claim of business confidentiality) to respond to the record request.

4. [No later than ten business days after a hearing conducted by the council, or ten business days after council's receipt of a hearing officer's recommendation, the council shall issue a signed order upholding, amending, or reversing the agency action.] Agency designee shall hear appeal in process chosen within designee’s discretion and issue decision in writing to appellant.

5. [The appeal of a decision of the council may be made to the district court in accordance with the Act and the Utah Rules of Civil Procedure.] In the event the agency designee affirms the access denial, or fails to respond to the records request within the time limits listed above, the person aggrieved may then appeal the agency designee’s decision to affirm the access denial

6. The administrative appeal is made to the Chief Administrative Officer for Appeals (“CAOA”) pursuant to countywide policies and procedures adopted by the council.

7. A written notice of appeal shall be filed with the CAOA within thirty (30) calendar days after notice of the date of the agency's action has been sent. The notice of appeal shall state the basis of the appeal and the relief requested.

8. Unless otherwise stipulated by the county and the persons aggrieved, the CAOA shall have seven (7) calendar days after the CAOA’s receipt of the notice of appeal (or fourteen (14) calendar days after the county sends a notice of appeal to a person who submitted a claim of business confidentiality) to respond to the record request.

9. In the event the CAOA affirms the access denial, or fails to respond to the records request within the time limits listed above, the person aggrieved may then appeal the CAOA’s decision to affirm the access denial.

10. The county hereby establishes an appeals board to decide an appeal of a decision of the CAOA affirming an access denial.

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a. An appeals board shall be composed of three members: (1) one of whom shall be an employee of the county; and (2) two of whom shall be members of the public, at least one of

whom shall have professional experience with requesting or managing records.

11. The county shall send written notice by certified mail of the date and location of the appeal hearing to be heard by the appeals board to the requester within seven (7) calendar days of receiving notice of the appeal. The county shall also send written notice to the agency administrator.

12. The appeal hearing shall be conducted in accordance with policies adopted by the council and with the Utah Open Meetings Act.

13. No later than seven (7) calendar days after an appeal hearing, the appeals board shall issue a signed order upholding, amending, or reversing the agency action.

14. Either the county or the appellant may appeal the appeals board decision to the state records committee or by filing a petition for judicial review with the district court.

B. The decision of [council] CAOA regarding access to or classification of records shall be forwarded to the county records policy administration for corrective action, including any reclassification or designation of data or records that may be necessitated by the decision.

C. The duties of the CAOA may be delegated.

SECTION IV. This ordinance shall become effective fifteen (15) days after its passage and upon at least one publication in a newspaper published and having general circulation in Salt Lake County.





Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the ordinance. The motion passed unanimously, authorizing the Chair to sign the same, directing the Chief Deputy County Clerk to attest his signature, and to publish the ordinance summary in a newspaper of general circulation, showing that all Council Members present voted “Aye.”

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing the DISCLAIMER OF INTEREST between Salt Lake County for its Real Estate Division and Linda Jenkins – Disclaiming County Interest in the Property Located in City Creek Canyon. Salt Lake County has reviewed all the facts and determined that the County has no interest in the property. The Disclaimer of Interest will be in compliance with all applicable state statutes and county ordinances. This transaction shall be closed upon recording the fully executed documents with the Salt Lake County Recorder’s Office.


A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING THE DISCLAIMER OF INTEREST IN CERTAIN REAL PROPERTY LOCATED IN CITY CREEK CANYON

RECITALS

A. In 2012, Lynn Allan Jenkins executed and recorded a quit-claim deed purporting to convey Mr. Jenkin’s interest in two parcels of real property located in City Creek Canyon (the “Property”) to Salt Lake City, Salt Lake County (the “County”), and the United States of America.

B. The Third Judicial District Court has appointed Mr. Jenkin’s wife, Linda Jenkins, as his conservator, and Mrs. Jenkins has, on behalf of her husband, filed a quiet title action regarding the Property asserting that Mr. Jenkins was not competent when he executed and recorded the quit-claim deed.

C. Although the County was not originally named as a defendant in the quiet title action, Mr. Jenkin’s legal counsel has contacted the County to inform it about the quiet title action and has stated that the complaint will need to be amended to name the County as a party because of the quit-claim deed.

D. The quit-claim deed was never delivered to or accepted by the County. Indeed, the County was not aware of the quit-deed until it was contacted by Mr. Jenkin’s legal counsel.

E. The United States of America has disclaimed its interest in the Property arising out of the quit-claim deed and has confirmed it by a court order dated August 5, 2015.

F. The County Real Estate Section has reviewed the facts and determined that the County has no interest in claiming any interest in the Property. Any involvement in the quiet title action may also be avoided by disclaiming any interest in the Property. To this end, a Disclaimer of Interest has been prepared and is attached hereto as Exhibit A.

G. It has been determined that the best interests of the County and the general public will be served by disclaiming any County interest in the Property. The Disclaimer of Interest will be in compliance with all applicable state statutes and county ordinances.

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NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the Mayor and Chief Deputy County Clerk are hereby authorized to execute the Disclaimer of Interest, attached as Exhibit A and by this reference made a part of this Resolution, and to deliver the fully executed document to the County Real Estate Section for recording with the Salt Lake County Recorder’s Office.





Council Member Bradshaw, seconded by Council Member Jensen, moved to approve the resolution. The Council motion passed unanimously, authorizing the 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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During the November 23, 2015, Committee of the Whole meeting, the Council met in closed session to discuss possible litigation.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the action taken during a closed session of the Committee of the Whole meeting regarding a pending litigation matter. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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Mr. Lee Colvin, Manager, Real Estate Section, submitted a letter recommending approval of the following RESOLUTION authorizing execution of a REAL ESTATE DONATION CONTRACT between Salt Lake County for its Real Estate Section and Mark Edward Austin – Donation of Real Property at approximately 1641 North Canyon Park Boulevard for Open Space. Mark Edward Austin has offered to donate .14 acres of land at approximately 1641 North Canyon Park Boulevard to the County for no fee, which the County will maintain as open space. Acceptance of this donation will require the County to pay the back taxes owed, which is approximately $31.81. Funding will come from the Open Space or Real Estate Section budget. The Declaration of Gift form has been attached as part of the agreement. The transaction will be closed on or before January 31, 2016.

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A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING ACCEPTANCE OF A DONATION OF REAL PROPERTY FROM MARK EDWARD AUSTIN

RECITALS

A. Salt Lake County (“County”) wishes to accept a donation of a parcel of property located at approximately 1641 North Canyon Park Boulevard, Salt Lake County, Utah (the “Property”), aka, Parcel No. 10-22-426-002.

B. Mark Edward Austin owns Property and has offered in writing to donate the Property to the County for no fee. The County is interested in acquiring the Property to maintain as open space.

C. Mr. Austin and the County have prepared a Real Estate Donation Contract, outlining the terms of the donation, and Mr. Austin has signed a Declaration of Gift as required by Salt Lake County Policy.

D. It has been determined that the best interests of the County and the general public will be served by accepting the Property according to the terms and conditions of the attached Real Estate Donation Contract. The acceptance will be in compliance will all applicable state statutes and county ordinances.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Salt Lake County Council that the County accepts the donation of the Property from Mr. Austin pursuant to the terms and conditions set forth in the Real Estate Donation Contract (“Contract”), attached hereto as Exhibit A, and directs that the Chair sign the Declaration of Gift accompanying the Contract. The attached Contract is hereby accepted and approved, and the Mayor is authorized to sign the attached Contract on behalf of the County, to accept a Warranty Deed of conveyance from Mr. Austin, and to sign any other documents required to complete the acquisition of the Property.





Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the resolution and forward it to the November 24, 2015, Council meeting for formal consideration. The motion passed

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unanimously.] The Council motion passed unanimously, authorizing the 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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Ms. Erin Litvack, Director, Community Services Department, submitted a letter advising that the Jordan River Foundation has offered to reimburse the County for work done to improve the Little Confluence Trailhead and the Redwood Nature Area along the Jordan River.

Council Member Bradshaw, seconded by Council Member Jensen, moved to ratify the vote taken in the Committee of the Whole meeting. [Council Member Bradshaw, seconded by Council Member Burdick, moved to accept the gift and forward it to the November 24, 2015, Council meeting for formal consideration. The motion passed unanimously.] The Council motion passed unanimously, authorizing the Chair to sign the Declaration of Gift form and directing the Chief Deputy County Clerk to attest his signature and forward it to the Jordan River Foundation, showing that all Council Members present voted “Aye.”

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Mr. Spencer Hymas, Planning & Development Services Division, reviewed the following rezoning application: (4:11:32 PM)

Application #29625 – Ron Spratling to reclassify property located at 2368 East 3395 South from an R-1-10 to an R-1-8 zone.

Mr. Hymas stated this application is based on a technicality. The owner of the property has enough frontage space to subdivide the land into two lots under R-1-8. This would give him two 10,000 square foot lots. The technicality in R-1-8 allows the width of the lots to be only 65 feet, which is why he is applying for this rezone. The East Millcreek Community Council, Millcreek Township Planning Commission, and County staff recommended approval of this request. Until a day ago, he had not receive any negative responses from the community. However, yesterday he received the following email, which he read:

To Whom It May Concern:

I am requesting that this zone change not be approved. 3395 is a very short street and there is a lot of traffic now. Many cars turn onto 3395 South to avoid the traffic light just south on Evergeen. There are small children on this street and even now the way it is, it is sometimes difficult to back out of a driveway onto 3395. With this added zone change there will be even more traffic. Lots will be smaller which will make property value decrease. I am extremely concerned about this change and am adamantly against it.

Signed, Helen R. Gygk

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Council Member Jensen, seconded by Council Member Burdick, moved to open the public hearing. The motion passed unanimously, showing that all Council Members present voted “Aye.”

No one appeared in favor of or in opposition to the petition.

Council Member Jensen, seconded by Council Member Burdick, moved to close the public hearing and forward Application #29635 to the December 8, 2015, Council meeting for formal consideration. The motion passed unanimously, showing that all Council Members present voted “Aye.”

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THERE BEING NO FURTHER BUSINESS to come before the Council at this time, the meeting was adjourned at 4:15:36 PM until Tuesday, December 8, 2015, at 4:00 p.m.

SHERRIE SWENSEN, COUNTY CLERK

By ________________________________ Deputy Clerk

__________________________________ CHAIR, SALT LAKE COUNTY COUNCIL

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