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Salt Lake County CouncilCommittee of the Whole

~Minutes~Tuesday, June 18, 2013

10:23:50 AM

Committee Members Present: Randy Horiuchi

Richard SnelgroveJim BradleyMichael JensenArlyn BradshawDavid WildeSam GranatoMax BurdickSteven DeBry, Chair

COMMITTEE OF THE WHOLE

Citizen Public Input (10:38:58 AM)

No one appeared for Citizen Public Input.

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Review of New Hires (10:39:14 AM)

Mr. Brad Kendrick, Assistant Fiscal Analyst, Council Office, reviewed the following requests, which have been placed on the Council agenda for formal consideration:

Parks & Recreation Division

Requests to fill a Recreation Program Coordinator 19/21/23 position at the J.L. Sorenson Recreation Center.

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Sheriff’s Office

Requests to fill a Corrections Specialist 16/18 position.

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Salt Lake County Health Department

Requests to fill a Nursing Supervisor 33 position, Environmental Health Bureau Manager 33 position, and Public Health Nurse 24/30 position.

Committee of the WholeTuesday, June 18, 2013

Council Member Bradley, seconded by Council Member Bradshaw, moved to approve the requests and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Horiuchi were absent for the vote.

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Presentation by Criminal Justice Advisory Committee (CJAC) (10:40:07 AM)

Council Member Burdick stated the Criminal Justice Advisory Committee (CJAC) has been working for many years on improving the criminal justice system in the County. One of the items on the committee’s radar was the creation of a “receiving center” where police officers could take someone with a mental health or substance abuse crisis without booking them into jail. However, such a center always required a medical component. This service has now come to fruition with the University Neuropsychiatric Institute (UNI) handling mobile crisis response teams, receiving center services, wellness recovery center services, and crisis and warm phone line services.

Mr. Tim Whalen, Co-Director, Behavioral Health Services, stated the County contracted with Optum Health Services in March 2011, in an effort to change its model for mental health services. Optum in turn made a Request for Proposal to create a crisis triage center, commonly referred to as a “receiving center.” UNI won the contract and began implementing the changes in June.

Traditionally, if someone was acting inappropriately due to a mental illness or substance abuse issue, a law enforcement officer was called. Many times this ended with an ambulance ride to the hospital. The County pays for psychiatric hospital care at about $1,000 per day. Medicaid will pay 70 percent of the cost for Medicaid eligible patients. Thirty percent comes from County tax dollars. The plan was to develop a process, whereby someone in crisis could be handled by mental health professionals trained to deal with them. This help could be administered at their home or at a receiving center. This would avoid the trauma of a hospital visit for the patient, which frequently exacerbates their condition. That option is now available through UNI. The receiving center can choose to hold someone involuntarily for up to 23 hours. They go to a comfortable room with peer specialists who can talk them through the crisis, and hopefully, get them back into the community. The Wellness Recovery Center is also available for stays of three to five nights. The center has 16 beds, which is the maximum allowed for Medicaid reimbursement.

Chief Stephen Chapman, Sandy City, stated this is one of the better programs that has come along for law enforcement in some time. It is a tremendous help in the field. Police officers are not psychologists or social workers, although they do get Crisis Intervention Training (CIT). Salt Lake City uses the mobile crisis teams a lot and Sandy City has used the Center a couple of times. He encouraged Council Members to check out the UNI facility.

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Mr. Whalen showed a training film regarding the mental health crisis outreach team. He stated as a result of this program, the expectation is that Medicaid hospitalizations will drop from approximately $9 million to $6.5 million.

Detective Ron Bruno, CIT Program Director, Salt Lake City Police Department, stated historically, law enforcement officers have had to handle individuals in a mental health crisis. For an individual who is already emotionally charged, sending out police officers only heightens the anxiety instead of de-escalating the situation. The best way to take care of somebody who is in a mental health crisis is to have a mental health professional deal individually with the person. However, if the individual poses any danger, the law enforcement officers are there to assess the safety risk. Every time a person in crisis is brought to the Emergency Room (ER), it reinforces the idea to them and their families that the only place to get stabilized is in an ER. The mobile response teams can change that approach to stabilizing someone in the home. Then, the families can be educated on what other services are available.

Council Member DeBry stated this is a win-win situation for everyone. The jail is not the appropriate place for someone with mental health issues. However, he cautioned that not every situation can be resolved without police intervention. People in crisis can be very unpredictable.

Council Member Burdick stated savings have been realized by not booking as many people into the jail.

Detective Bruno stated in the past, police would have to look for a reason to arrest someone to get them the help they needed. That is no longer necessary.

Mr. Sim Gill, District Attorney, stated preliminary information indicates that less than 1 percent of individuals handled through this program were actually sent to jail. This is exactly what the broader criminal justice model is trying to accomplish. It is a great return on investment.

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Advice and Consent Ordinance (11:24:18 AM)

Council Member Wilde reviewed a proposed ordinance amending “Management of County Departments” and “Advice and Consent” of the County Code of Ordinances to make the appointment of the deputy mayor subject to the advice and consent of the Council; and to require the Mayor to provide the County Council with information about each Mayoral appointee subject to advice and consent so the Council may determine whether each appointee is eligible and qualified for the appointed position. Controversy has arisen regarding the inclusion of the deputy mayor being subject to the Council’s advice and consent. The District Attorney’s Office said that change could not be made without a vote of the people, but Jason Rose, Legal Counsel, Council Office, did not think the change was significant enough to require a vote of the people. Since the Council seems to be in agreement with the ordinance except the inclusion of the deputy mayor, he would eliminate “deputy mayor” from Section B.

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Nonetheless, he thought the deputy mayor appointee should be subject to the Council’s advice and consent. Mr. Rose and the District Attorney’s Office made reference to the fact the County is encouraged to look at federal and state models in operating the County. The 25 th

Amendment to the Constitution says if there is a vacancy in the Office of the Vice President, the President will nominate a new vice president, but that nomination is then subject to the advice and consent to both houses of Congress. The State follows the same process when there is a vacancy in the Office of the Lieutenant Governor. Additionally, both the vice president and lieutenant governor positions are initially put before the vote of the people. Salt Lake County’s process is to allow the elected mayor to choose whoever they want as a deputy mayor. Up to this point, the County mayors have made good choices in selecting their deputy mayors, but there may come a time when a mayor appoints a big political contributor who has no qualifications to be the deputy mayor. Then, if for any reason that mayor could not fulfill their responsibility, the deputy mayor would take over the mayorship.

He thought the County should follow federal and State models, and have the appointee for the deputy mayor position be scrutinized by a body other than the mayor. He asked the Council to consider putting an amendment to the Optional Plan of Government to a vote of the people, which specifies the deputy mayor would be subject to the advice and consent of this Council.

Council Member Wilde, seconded by Council Member Jensen, moved to approve the ordinance with the amendment to eliminate the words deputy mayor from Section B of 2.06.070.

Council Member Bradshaw stated he thought the designation of deputy mayor was given to someone who holds another position within the Mayor’s Office, meaning it is not a stand-alone job. The Optional Plan of Government used to say the deputy mayor had to be a chief administrative officer (CAO) or department head, and in the case of Nichole Dunn, she is the CAO. If that wording is still in the Optional Plan of Government, then that solves the issue Council Member Wilde is concerned with. He would like that to be clarified.

Council Member Bradley stated he thought if the mayor resigned, or was no longer the mayor for some other reason, that the law required the appointment of a new mayor to go through the party delegate system.

Council Member Jensen stated the deputy mayor does not have to go through the system because they are not an elected official.

Council Member Bradley stated no, but the deputy mayor would become the new mayor.

Council Member Jensen stated what made him nervous was in the event of an emergency, the mayor had the authority to expense however much money they needed to, and would not have to come before the Council until there was an actual declaration, and they had six months to do that. He thought the public should be able to weigh in on who had the authority to expense those dollars.

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Council Member Wilde, seconded by Council Member Jensen, moved to approve the ordinance with the amendment to eliminate the words deputy mayor from Section B of 2.06.070. Council Member Wilde amended his motion to include legislative intent to consider placing on the ballot an amendment to the Optional Plan of Government specifying the deputy mayor is subject to the advice and consent of this Council.

Council Member Bradley asked to separate the legislative intent out from the motion and have a discussion on it some other time, unless the legislative intent is just to explore that possibility.

Council Member Wilde agreed to separate the legislative intent from the motion and have the discussion at a future time.

Council Member Wilde, seconded by Council Member Jensen, moved to approve the ordinance with the amendment to eliminate the words deputy mayor from Section B of 2.06.070. The motion passed unanimously. Council Member Snelgrove was absent for the vote.

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Amendment to the Optional Plan of Government (11:35:11 AM)

The resolution amending the Optional Plan of Salt Lake County Government by directing that the County Mayor’s designation of the Deputy County Mayor be subject to the advice and consent of the County Council was pulled to allow more time for discussion.

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MIDYEAR BUDGET DISCUSSION

Tax Rates ( 11:39:21 AM )

Mr. Lance Brown, Director, Planning & Budget Division, Mayor’s Office, delivered a PowerPoint presentation regarding the tax rates for the Countywide funds, Municipal Services Fund, and the Library Fund. He stated these funds show a 0 percent growth rate due to centrally assessed properties, Redevelopment Agencies, (RDAs), and personal property deappreciation. The last time any of these funds reflected growth was 2010. The five-year collection rate is 95.7 percent, which is an increase of approximately $26.2 million. Property taxes represent the single largest source of revenue within the County budget at $118.6 million. Sales tax is the second largest revenue at $55.8 million.

Council Member Burdick stated included on today’s agenda is the issuance and sale of $67 million in Tax and Revenue Anticipation Notes. It seems these notes are being issued earlier and earlier every year, and he wondered why.

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Mr. David Delquadro, Chief Financial Manager, Council Office, stated he did not believe these notes were being issued earlier than normal. The County tries to take advantage of lower rates. The sooner the County gets into the market, the better rate.

Mr. Wayne Cushing, County Treasurer, stated the County has been pretty consistent in issuing these Notes around the first of July for years, except for one time when they were issued the first of September.

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Long-Term Projections ( 11:54:48 AM )

Mr. David Delquadro, Chief Financial Manager, Council Office, presented long- term projections, which included a double digit increase in health insurance, the retirement contribution of a 1.3 percent increase, 3.75 percent combination for merit, cost of living adjustment (COLA), and market adjustment, and the continuation of the Other Post-Employment Benefits (OPEB) contribution. He stated these are all policy decisions for the Council, but he included them in the long term projections for the Council to see how it would impact the various funds. Different scenarios for retirement benefits are being looked into, and he is hoping to have that information to the Council before the November budget workshop sessions.

Council Member Wilde asked what the double digit health insurance increase was based on.

Mr. Delquadro stated health insurance will increase as a result of fees associated with the Affordable Health Care Act. So even if the increase is between 6 to 9.5 percent, the fees would bring the increase up to double digits.

Council Member Burdick asked if the employee 401(k) restoration was included in the projections.

Mr. Delquadro stated for projection purposes, the 401(k) restoration is included.

[The Council recessed for lunch at 12:05:41 PM and reconvened at 1:21:37 PM.]

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Full-Time Employee (FTE) Requests

Mr. Brad Kendrick Assistant Fiscal Analyst, Council Office, stated there are requests for eight FTEs in the 2013 June budget adjustment, of which three were recommended for approval from the Mayor’s Office (One Regional Development Director and two grant funded FTEs in the Health Department.) Two FTE transfers were recommended as well. One FTE transferred from Community Resources and Development to Community Council Support to

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help with townships. The other is a transfer within the District Attorney’s Office from the Tax Administration Division.

Council Member Jensen, seconded by Council Member Burdick, moved to approve the adjustments as recommended by the Mayor. The motion passed unanimously. Council Members Wilde, Horiuchi, and Snelgrove were absent for the vote.

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Elected Officials ( 1:26:20 PM )

Mr. David Delquadro, Chief Financial Manager, Council Office, reviewed the following 2013 June budget adjustment requests within the elected officials budgets as recommended for approval:

Fund Organization Description Adjustment

110 1020 Mayor Admin Personnel, Operation Revenue adj $ 20,000110 1021 Mayor Oper UPAC Revenue ( $850)110 1022 Financial Adm Underexpend to Mayor Adm ($ 15,000)110 1051 Election Clerk Municipal & Local District Contracts ($276,635)110 1210 District Attorney Sequestration Impact $ 11,011110 1210 District Attorney Broadway Building Security $ 48,140110 1210 District Attorney Witness Programs $ 5,000110 1210 District Attorney Broadway Rent increase $ 78,638110 1210 District Attorney Risk Management ($107,617)110 2050 Bus & Econ Dev Restore Sundance Contribution $ 60,000110 2050 Bus & Econ Dev Regional Development Director $ 81,445340 1201 Attorney/Tax Adm Kennecott Funding (return) ($170,000)340 1011 Council/Tax Adm Salary Restoration for temps $ 5,000

Council Member Jensen, seconded by Council Member Burdick, moved to approve the adjustments as recommended by the Mayor. The motion passed unanimously. Council Members Wilde, Horiuchi, and Snelgrove were absent for the vote.

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110 1425 Sheriff Court UPD Contract Increase $ 86,619110 1430 Sheriff CW UPD Contract Increase $191,877

Council Member Jensen, seconded by Council Member Bradshaw, moved to approve the adjustments as recommended by the Mayor. The motion passed unanimously. Council Members Wilde, Horiuchi, and Snelgrove were absent for the vote.

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[Later in the meeting 2:39:00 PM ]

Sundance Film Festival

Council Member Horiuchi reminded the Council that he wanted to restore the $75,000 to Sundance as discussed during the June 11, 2013, Committee of the Whole meeting.

Council Member Granato stated once he received the information from the Sundance Film Festival showing its impact on the economy in Salt Lake County, he was in favor of this contribution. The impact shows that Sundance could be deemed as the third largest convention held in Salt Lake County.

Council Member Granato moved to approve the contribution to the Sundance Film Festival with the money coming from the Visitor and Promotion Fund.

Mr. Darrin Casper, Chief Financial Officer, Mayor’s Office, stated this money could come out of the Visitor and Promotion Fund.

Council Member Jensen reminded the Council that the contribution was already approved.

Ms. Jennifer Wilson, Sundance Film Festival, stated when the County first started funding the Sundance Film Festival it was receiving $150,000, after which it dropped to $135,000, then $75,000, and last year it received $6,800. Sundance Film Festival did not receive notification of this additional drop until it had already committed to programs for the film festival, and it was counting on the $75,000 in order to meet commitments.

Council Member Granato, seconded by Council Member Burdick, moved to fund $74,000 from the Visitor and Promotion Fund, $6,800 of the $74,000 will be used to reimburse the Economic Development Fund for the funds that have already been issued to Sundance Film Festival. The motion passed unanimously. Council Member Wilde was absent for the vote.

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Mayor’s Portfolio ( 1:31:34 PM )

Mr. David Delquadro, Chief Financial Manager, Council Office, reviewed the following 2013 June budget adjustment requests within the Mayor’s Portfolio budgets as recommended for approval:

Human Services Department - No Adjustments

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Administration Services Department


620 4800 Fleet Management Sanitation to WFWRD $ 10,000650 5350 Telecommunications Pass-thru trueup $287,227

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Community Services Department


580 3550 Salt Palace Replace Tube Bundles in Heat Exchangers $36,500580 3550 Salt Palace SOCC VFD Questar Rebate ($22,750)582 3552 South Towne Op True-up Roof Leaks Capital Projects ($13,239)585 3500 Ctr for the Arts UPAC Consultant $34,496585 3500 Ctr for the Arts UPAC Co-Promoter Consultant $70,000585 3500 Ctr for the Arts UPAC Support Consultants $28,700525 3500 Ctr for the Arts UPAC Operations Expenses ($59,288)585 3500 Ctr for the Arts True-Up Capital Project

Mr. David Delquadro, Chief Financial Manager, Council Office, stated during the November budget workshop session, the Information Services Division mentioned they were experiencing temperature control problems relating to the County servers, so $450,000 was allocated to come up with a solution. Since that time, a short-term solution has been implemented. The Council will need to address the issue of whether or not the current location for the servers is the best place.

Council Member Jensen asked how much time the short-term solution will give them to come up with a global solution.

Mr. Wayne Marion, Director, Facilities Management Services Division, stated between two or three years.

Mr. Delquadro stated there is shift of personnel within the Information Service Division as well. An allocation of $50,000 has been earmarked for an assessment to determine what services should be done in-house versus externally. The goal is to improve customer satisfaction.

Council Member Jensen stated he would like to keep track of the funds moved from personnel to operations. He does not want future requests to fund FTE positions once the money has been shifted.

Mr. Delquadro stated recently an email was sent out asking elected official/department heads/division directors for the number of positions and length of time FTE

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positions have not been filled. The purpose is to determine if FTE positions are being used to fund other things within the individual offices. The Utah Performing Arts Center (UPAC) adjustment within this budget will be used to pay a claim.

Council Member Burdick asked where the request to pay these claims originated from.

Ms. Erin Litvack, Director, Community Services Department, stated the requests generated from the Center for the Arts. Two of requests are listed in the pre-opening services agreement.

Council Member Snelgrove asked if money was being appropriated for work that needs to be done in the Council Chambers.

Mr. Delquadro stated $71,000 has been allocated to upgrade the Council Chambers.

Mr. Marion stated the money would be used for lighting, seat upholstery, audio and new drop down screens.

Council Member Burdick asked if the County’s swimming facilities had been upgraded to meet the new Americans with Disabilities Act (ADA) requirements.

Ms. Litvack stated the new law went into effect in 2010, and County facilities have been upgraded to meet those requirements.

Council Member Jensen, seconded by Council Member Burdick, moved to approve the Community Services Department, Administrative Services Department, and the Human Services Department adjusted budgets as recommended by the Mayor. The motion passed unanimously. Council Member Wilde was absent for the vote.

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Public Works Department


230 5600 M/S Capital Impr Riches Ave Storm Drain $ 300,000230 5600 M/S Capital Impr Cyprus Storm Drain ($ 300,000)230 5600 M/S Capital Impr 3900 South Sidewalk ($ 36,614)250 4600 Flood Control Technical Adjustment ($ 2,642)270 4550 Class B Roads Distribution Change ($ 23,000)540 4750 Solid Waste Mgt Organizational Review $ 50,000540 4750 Solid Waste Mgt Deferral of Fee Increase $1,147,750540 4750 Solid Waste Mgt Study of Cost Structure $ 25,000540 4750 Solid Waste Mgt CPA Change $ 39,500

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540 4750 Solid Waste Mgt Revenue Underperforming ($ 543,000)

Mr. David Delquadro, Chief Financial Manager, Council Office, stated last year the Solid Waste Management Division did not receive the anticipated revenue from the new shredders that were purchased to shred metal, and as a result, it is having a tough time. The $50,000 allocation will be used to review the cost structure and figure a way to solve the current problem.

Mr. Russ Wall, Director, Public Works Department, stated the Landfill Council has requested the County postpone the fee increase that was to go into effect on July 1, 2013. He is concerned if the County were to implement this increase, it would lose a significant amount of business. Currently, the County charges $26 to $28 at the transfer station and an increase of $3 to $7 would put the County’s rates at $35 to $38. Competitors are charging $29. A Market Study is going on right now and he would ask the Council to wait on the increase until that study is done.

Council Member Horiuchi stated he agrees with the transfer station increase because it would encourage more recycling.

Council Member Bradshaw stated during the November budget workshop session, the Council voted for this increase because the fees were under market. The increase would put the County at the same rate as its competitors.

Mr. Wall stated the average cost in Utah is $28 to $29: the increase would put the County considerably over the average.

Council Member Jensen stated the Council is always encouraging government to run more like a business, and now Public Works is trying to do so. The Council needs to give them more time to evaluate what needs to be done.

Council Member Burdick asked what the cost would be in lost revenue to the County if the fee increase was delayed.

Mr. Wall stated it is projected the County would lose $1.4 million in revenue. However, if the County does the increase, it could lose significantly more due to the loss of business.

Council Member DeBry asked if the Council waited for just one month, how much it would lose.

Mr. Wall stated not much. He would probably come back the first of August with the completed study and recommendations.

Council Member Granato, seconded by Council Member Horiuchi, moved to delay the fee increase until the market study is done. The motion passed unanimously. Council Member Wilde was absent for the vote.

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Council Member Jensen, seconded by Council Member Burdick moved to approve the Public Works Departments budget adjustments as recommended by the Mayor.

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Rock Stabilization

Council Member Horiuchi stated there is a subdivision along Willow Creek where back yards are being eaten away due to work the Flood Control Division did some years ago. He would like to donate $10,000 to the residents in this area to purchase rock that they would place strategically in the channel to stop the erosion.

Council Member DeBry stated the Council discussed this issue during the November budget workshop session and voted 8 to 1 to deny this request. It is the responsibility of property owners to take care of it.

Council Member Horiuchi stated the County caused the problem when it laid 800 yards of concrete just above this area 15 years ago.

Mr. Scott Baird, Director, Flood Control Division, stated these are two different projects. One project on Little Cottonwood Creek near Willow Creek was taken care; it should be stable at this point. The other project is at Miller Park on the Red Butte Creek.

Council Member Horiuchi stated there is still one more area that requires another $10,000 worth of rock

Mr. Russ Wall, Director, Public Works Department, stated the County does bank stabilization throughout the County, so he would look into this.

Council Member Horiuchi stated he would meet with Mr. Baird to discuss this. In the future, he might need to submit a $10,000 interim budget adjustment request to address this issue.

Council Member Jensen, seconded by Council Member Burdick moved to approve the Public Works Departments budget adjustments as recommended by the Mayor. The motion passed unanimously. Council Member Wilde was absent for the vote.

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Gardner Mill Park

Council Member Horiuchi stated in the Millcreek area, there is a historical monument for the Gardner Mill, which was the first mill in the western United States. He is

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requesting the County contribute $77,265 to create a little park at this site. The park would encompass one acre and would be located at approximately 3500 South Highland Drive.

Council Member Granato stated some residents in this area are very concerned about what the County might do as far as opening up a road that has previously been closed.

Council Member Snelgrove stated the County has been trying to get out of the pocket park business. The creation of this park would be just the opposite of what the County is trying to do.

Council Member Horiuchi stated this would not be a typical pocket park.

Council Member Snelgrove stated the problem with pocket parks is the ongoing maintenance issues.

Council Member Horiuchi stated the County would work with the owner to have an agreement on the maintenance issue. It would be a joint project. He is not asking for any type of appropriation at this point, but would like the Council to visit the area to see if it likes the idea.

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OTHER


110 5000 Gen Stat & Gen Contributions (Amer Muslim & Lation Info Ctr) $ 10,000110 5000 Gen Stat & Gen Sequestration Impact to BABs Subsidy $ 29,751110 5000 Gen Stat & Gen Contribution (Race Swami) $ 25,000120 5025 Grant Stat & Gen Negative Interest Adjust $ 20,000476 5256 MBA Midvale Adm Construction True-up ($ 35,053) 670 5319 Cap Revol Cnvtn Chiller #5 re-budget $ 39,977670 5319 Cap Revol Cnvtn Rigging Points re-budget $195,000670 5319 Cap Revol Cnvtn True-up Capital Project re-budget ($372,117)670 5320 Cap Revol Capitol True-up Theatre Capital Project re-budget ($722,019)670 5332 Cap Revol Library True-up Technology Capital Project re-budget ($271,849)670 5339 Cap Revol Library True-up Green Capital Project re-budget $219,875670 5328 Cap Revol Equest True-up Park Capital Project re-budget ($ 58,556)670 5331 Cap Revol Equest True-up Arena Capital Project re-budget ($ 49,936)740 5300 ESR-Nonstat Bnft True-up Employer Insur & Tuition Reimb ($ 45,074)

Mr. David Delquadro, Chief Financial Manager, Council Office, stated there is $1.6 million in the Municipal Services Fund available for deferred maintenance.

Council Member Jensen, seconded by Council Member Horiuchi, moved to approve the Other recommendations as recommended by the Mayor.

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Mr. Delquadro pointed out three contributions are listed - $5,000 each for American Muslim and Latino Information and $25,000 for Race Swami.

Council Member Snelgrove stated in past years the County has only donated $1,000 each to American Muslim and Latino Information.

Mr. Delquadro stated this is the first year the County would be contributing to these organizations. In the past, the money has come from grants.

Mayor Ben McAdams stated it was very time consuming for his administration to oversee a grant for $5,000. It was decided that rather than supplementing these organizations through a CDBG process; the County would just donate $5,000 to each organization.

Council Member DeBry asked for information on Race Swami. The contribution of $25,000 would be equal to about $500 per participant. That seems to be a lot.

Mayor McAdams stated Race Swami is a swimming program located in the Rose Park area. The program encourages young children from the neighborhood to get into competitive swimming. The program serves the ethnic community, which is typically underserved. Some of the money will be used to attract more children.

Council Member Bradley stated the money will also be used to hire coaches, as well as recruitment. This program cannot all be done with volunteers.

Council Member DeBry asked if this contribution should be considered at the end of the year in competition with all other contributions.

Council Member Snelgrove asked if Salt Lake City had contributed any funds to this program. It is located within the city limits. There are disadvantaged youth in the unincorporated areas, and the $25,000 would go a long ways in helping with football or softball programs for them.

Council Member Bradley stated those programs are subsidized in other ways. The County needs to contribute to programs that are not the common ones like football and softball.

Council Member Jensen stated for the last three Saturdays, he has been involved in fund raising for baseball and football leagues in order to do exactly what these funds would be used for. The problem he has, is that he could have asked for funding for these teams as well. He asked how the County would pick one sport over another when all these sports involved at-risk children who would be greatly helped.

Council Member Bradley stated the traditional sports are all supported by various elements of the community. This is a relatively new sport that is not established. Race

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Swami has been involved in fund raising as well. He did not know if Salt Lake City had contributed toward this or not. He would be willing to look at this at the end of the year with some commitment from the Council that it would be willing to contribute.

Council Member Horiuchi stated the County tries to support all areas in the communities.

Council Member Jensen stated this contribution would not be to provide space, fields, or pools; it is for one program. There are a lot of good programs out in the communities, and he has a problem arbitrarily picking one to support.

Council Member Jensen, seconded by Council Member Horiuchi, moved to approve the Other recommendations as recommended by the Mayor with the exception of the $25,000 contribution to Race Swami. The motion passed unanimously. Council Member Wilde was absent for the vote.

[Later in the meeting 3:04:27 PM]

Mr. David Delquadro, Chief Financial Manager, Council Office, stated also included under the Other category were some true ups in regard to the Employee Services Reserve (ESR) Fund and Capital Revolving Accounts. These changes are technical in nature.

Council Member Granato, seconded by Council Member Burdick, moved to approve the true-ups/technical changes as recommended. The motion passed unanimously. Council Members Jensen and Wilde were absent for the vote.

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Interim Budget Adjustment

Mr. David Delquadro, Chief Financial Manager, Council Office, stated included in the budget is an interim budget adjustment of $10,000 to be used for the Master Control Upgrade at the Adult Detention Center. The Council allocated $108,000 towards this upgrade, but the bid came in over that amount. The $10,000 will come from contingency money.

Council Member Burdick, seconded by Council Member Bradshaw, moved to approve the interim budget adjustment. The motion passed unanimously. Council Members Jensen and Wilde were absent for the vote.

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COMMITTEE OF THE WHOLE

Capitol Theatre Project Funding ~ Interim Budget Adjustment (11:34:59 AM)

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Mr. Darrin Casper, Chief Financial Officer, Mayor’s Office, reviewed the following interim budget adjustment request, which has been placed on the Council agenda for formal consideration:


Requests an interim budget adjustment of $2,469,113 to fund construction of the Capitol Theatre/Ballet West project. This will entail transferring funds from ZAP 2 projects’ underexpend and New Market Tax Credit (NMTC) encumbrances. It will require increasing Expense Appropriation Account No. 670-100-5320-7310-VK30 by $23,669,113; and increasing Revenue Appropriation Account Nos. 670-100-5320-3889-VK30 by $14,600,000, 670-100-5320-3999-VK30 by $5,400,000, and 670-100-5320-3721-VK30 & -3889-VK30 by $1,200,000.

About two weeks ago, the County found out it had not received the anticipated $6.3 million in New Market Tax Credits (NMTC) it had anticipated. Instead, it received about $1.3 million in NMTCs, which means, there is a $5 million shortfall in the anticipated capital funding of the project. The community development entities (CDE) have an allocation, which is the basis for getting NMTC, but they were directed to use their allocation in five particular States (i.e. Florida, Georgia, Idaho, Nevada, and Tennessee) for very specific reasons. Therefore, the national CDEs had to divert most of their allocation from the County’s project to those States. That left the County in a bind. In fact, the Mayor’s Office thought they were going to have to cancel the project; however, they have since come up with a solution.

Ms. Erin Litvack, Director, Community Services Department, stated the Mayor’s Office met with American Express to see if there was a way to scramble the funds and allocations to make up the difference, but that attempt was unsuccessful. However, she received a phone call from Herb Livsey, a trustee with the S.J. and Jessie E. Quinney Foundation, saying the Lawson and Quinney Family Foundation had offered to step in and save the project by donating an additional $4.1 million. That will allow the County to complete the project in its entirety with all of the scope that was originally intended.

Since the initial proposal was to split the NMTC allocations 50/50 between the County and Ballet West, the Foundation has requested that the County come in and match the loss of NMTCs on its side. In an effort to do so, the Mayor’s Office is proposing to use underexpend from the last round of ZAP funding, as those funds have not been assigned to other projects, and this project is an appropriate use of that funding. The County is under a tight deadline with the July 1st notice to proceed on the second phase of the facility, the expanded west facility, and any delay in construction would be anywhere from $2 to $3 million in additional costs.

The Lawson and Quinney Family Foundation literally saved the day. Therefore, she would like to grant their request to name the Capitol Theatre the Janet Quinney Lawson Capitol Theatre in honor of the family.

Council Member Burdick, seconded by Council Member Bradshaw, moved to approve the interim budget adjustment and the name change, and forward them to the

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4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Member Wilde was absent for the vote.

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Letter Asking Senator Orrin Hatch for Support on the Employee Non-Discrimination Act (2:58:12 PM)

Council Member Bradshaw reviewed a proposed letter to Senator Orrin Hatch asking him to support the Employment Non-Discrimination Act (ENDA). ENDA is a federal bill that would include sexual orientation and gender identity as a protected category within federal labor law. ENDA has passed the House several times, but has never made it through the Senate. Currently, the bill is in a committee, which Senator Orrin Hatch sits on. Senator Hatch has not taken a position on the current version of the Act, and he could be instrumental in moving this Act to the floor of the Senate. He hoped sending him this letter requesting his support of ENDA, would encourage him to do so. In 2010, the County Council unanimously adopted its own ordinance prohibiting such discrimination.

Council Member Jensen stated he would be in support of a letter to Senator Hatch saying, Salt Lake County has a non-discrimination ordinance, and the County Council would like him to vote for something like what the County has.

Council Member Bradshaw read the following letter, and said he would be okay if Council Member Jensen made changes to it:

Dear Senator Hatch:

We, the members of the Salt Lake County Council, write today to urge you to support the Employment Non-Discrimination Act (ENDA; S.815) which is currently being considered by the Committee on Health, Education, Labor, and Pensions of which you are a respected member.

ENDA extends federal employment discrimination protections currently provided based on race, religion, gender, national origin, age and disability to sexual orientation and gender identity. These protections would prohibit employers, employment agencies, and labor unions from using an individual’s sexual orientation or gender identity as the basis for employment decisions such as hiring, firing, promotion, or compensation.

This legislation would not allow preferential treatment based on sexual orientation or gender identity, and it would not apply to small businesses with fewer than 15 employees or religious organizations.

In 2010 the Salt Lake County Council passed an ordinance for our county enacting similar protections against discrimination on the basis of sexual

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orientation and gender identity. To date a total of 15 cities and counties in Utah have passed these protections.

We believe this to be good public policy that should be replicated on the federal level to protect all Americans regardless of the municipality in which they work.

ENDA also has strong support from the business community with hundreds of large corporations and small businesses signing on in support–including several with a strong presence in Utah.

It is our hope that you will use your influence with your colleagues and vote on the committee to move the legislation forward out of committee and then support final passage of ENDA when it comes before the Senate as a whole.

Council Member Jensen stated he was comfortable with the letter as written.

Council Member Burdick asked if the Mayor should sign the letter.

Council Member Bradshaw stated he wanted the Council to sign the letter, but thought it would be great if the Mayor would send his own letter.

Council Member DeBry stated everybody should be afforded dignity and respect; however, he was concerned with sending letters to other elected officials telling them how to do their job and how to vote. He asked that the Council be cautious in the future about doing that.

Council Member Bradshaw, seconded by Council Member Burdick, moved to approve the letter to Senator Hatch, and to forward the matter to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Member Wilde was absent for the vote.

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2013 Capital Project Progress Update (3:06:51 PM)

Mr. Wayne Marion, Director, Facilities Management Division, presented an update on the 2013 capital projects, per the Council’s request for quarterly reports. He reviewed project descriptions, approved funding, spending, and percentage of completion.

Council Member Burdick asked for information during a future update on the road widening project around Dimple Dell.

Mr. Marion stated he has sent a letter to all elected officials and department directors regarding requests for 2014 capital projects. This year, each agency will be assigned to an individual project manager to help them come up with more accurate costs for their

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projects. These same project managers will help with the scheduled assessments of County buildings. The goal is to assess 30 percent of the County’s square footage this year.

Council Member Horiuchi asked how Salt Lake County compared to other counties in its handling of deferred maintenance issues.

Mr. Marion stated prior to compiling the list of deferred maintenance last year, three similar counties were surveyed as to how they handle maintenance. Salt Lake compares favorably; however, other counties do more replacing of buildings than Salt Lake does. Last year, there were two buildings recommended for replacement.

Council Member Snelgrove asked how the Facilities Management Services Division came up with cost estimates for capital projects.

Mr. Marion stated costing is done in a variety of ways, including relying on the expertise of experienced staff, a subscription for unit-based costing, historical data used in similar projects, and consultation with outside experts.

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Interim Budget Adjustment (3:42:05 PM)

Mr. David Delquadro, Chief Financial Manager, Council Office, reviewed the following interim budget adjustment request, which has been placed on the Council agenda for formal consideration:


Requests an interim budget adjustment of $13,000 to true-up the budget for the Oquirrh Park project, which was completed in 2012. This will require decreasing Expense Appropriation Account No. 430-500-5536-7140-UY10 by $13,000, as this is surplus money coming back to the Fund.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to forward the interim budget adjustment request to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Member Wilde and Jensen were absent for the vote.

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Resolution & Interlocal Agreement (3:20:52 PM)

Ms. Nichole Dunn, Deputy Mayor, reviewed a resolution authorizing execution of an interlocal agreement with West Valley City, wherein Salt Lake County will pledge $605,000 to West Valley City to prepare a master plan for the development of Pioneer Crossing Park located east of the West Valley Cultural Center along the Jordan River ($40,000); for Phase II of

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the Utah and Salt Lake Canal Trail located along the south bank of the Utah and Salt Lake Canal beginning at approximately 4800 West 4400 South and ending at approximately 5600 West 4155 South ($200,000); and for the development of a skate park on land located at approximately 3100 South 5415 West in Centennial Park ($365,000).

Mr. Martin Jensen, Associate Director, Community Services Department, stated in 2010, West Valley City purchased property from the County for $605,000. Later, former Salt Lake County Mayor Peter Corroon and West Valley City Mayor Mike Winder verbally agreed that the County would invest that $605,000 in West Valley City for recreation related projects.

Council Member Snelgrove asked if the ongoing maintenance was West Valley City’s or Salt Lake County’s obligation.

Mr. Jensen stated it is West Valley City’s obligation.

Council Member Bradshaw, seconded by Council Member Snelgrove, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Wilde were absent for the vote.

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Mick Riley Golf Course (3:25:10 PM)

Ms. Erin Litvack, Director, Community Services Department, stated she wanted to update the Council on negotiations between Salt Lake City and the County for a lease of the Mick Riley Golf Course. A draft agreement has been provided, but some points still need to be worked out. The total acreage of the golf course is 119.8 acres. Salt Lake City owns 101.6 acres, and Salt Lake County owns 18.2 acres. Two years ago, the County approached the City about exercising an option to renew the original 50-year lease for another 50 years at $1,000 per year. Salt Lake City indicated it was required to receive fair market value for the use of the property, which would be $600,000 per year. The County has negotiated the lease down to a less impactful number, but the City maintains it must garner about $60,000 per year. There is a proposed short-term lease that begins at $21,500 per year and increases to $5,000 per year for five years. The County prefers the short-term lease because it hopes to find a long term solution within the next five years. That will depend on the will of the community and policy makers.

Council Member DeBry asked if Mick Riley was the only subsidized course in the County’s inventory.

Ms. Litvack stated South Mountain Golf Course is also subsidized. The long-term additional expense of a $600,000 lease would impact the County’s ability to manage its deferred capital maintenance on all County courses. County courses have been operating in the black for a number of years and headway has been made on the deferred capital maintenance list. This would impact that progress significantly. The short-term lease for Mick

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Riley does not allow the County to make the capital investments that need to be made to maintain a safe, viable, and functional course for the community. Of all the County courses, Mick Riley has the largest ticket maintenance projects, equaling about $4.1 million. The County could not justify spending that kind of money without a secure, long-term lease. The County wants to maintain this course. It has a long history for the residents of Salt Lake County; it is the hub of the Junior Golf program, and it is a feeder course where adults come to learn how to play golf. It would be a loss to the community if it were to close. The five-year lease buys time to negotiate a longer lease, or prepare the community for its closure and relocate the employees.

Mayor Ben McAdams stated the County is faced with the decision whether to close the golf course or look for different solutions. If the lease plays out to fruition, it would mean closing the course. The lease proposed today is a good agreement that buys time to make a decision based on where the data leads. Conversations with Salt Lake City have been cordial and productive, but ultimately, both sides are coming at this from different viewpoints.

Council Member Bradshaw asked if the need to get fair market value from the lease was a matter of law or policy.

Mr. Jeff Niermeyer, Director, Salt Lake City Public Utilities, stated that is required by City ordinance, although it can be viewed as intrinsic value, not necessarily dollar for dollar. The City has no desire to close Mick Riley Golf Course, and the lease has already been discounted off the fair market value.

Council Member Snelgrove asked how fair market value was determined, what the cost would be to maintain the acreage if the course closed, and if Salt Lake City Parks & Recreation was interested in maintaining the course.

Mr. Niermeyer stated fair market value was based on an appraisal for best use, which is probably not a golf course. The other matters should be addressed with elected officials.

Council Member Snelgrove stated he compared the Mick Riley appraisal to what the County is charging the City for 13 acres in the Raging Waters parking lot. The golf course appraisal is much higher than the Raging Waters appraisal.

Ms. Litvack stated the County has a lease with the City to use property at Raging Waters, including the parking lot, pool house, and part of the wave pool. The County is supposed to be charging 8 percent of fair market value for that property, which it is not.

Council Member Bradley, seconded by Council Member Horiuchi, moved to authorize the Mayor to enter into a five-year lease for Mick Riley Golf Course, and to forward the matter to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Wilde and Jensen are absent for the vote.

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Real Estate Matter (3:52:33 PM)

Council Member Bradshaw, seconded by Council Member Granato, moved to close the Committee of the Whole meeting to discuss a real estate matter. The motion passed unanimously. Council Members Wilde and Jensen are absent for the vote.

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The Council reopened the meeting by motion during the closed session.

Council Member Burdick, seconded by Council Member Bradshaw, moved to direct the Real Estate staff to move forward as discussed in closed session. The motion passed unanimously. Council Members Jensen and Wilde were absent for the vote.

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CONSENT AGENDA (3:42:05 PM)

Constables

The Council reviewed the appointments of Andrew Sekino and Dee Rowland as deputy constables under Constable Larry Bringhurst.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to approve the appointments and forward them to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Wilde and Jensen were absent for the vote.

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Real Estate Matters

Resolution, Interlocal Agreement & Easements

The Council reviewed the following resolution authorizing execution of an interlocal agreement and easements, which has been placed on the Council agenda for final approval and execution:

Salt Lake County will grant a temporary construction easement to West Valley City to improve and expand the existing trail along the north side of Decker Lake, including constructing a pedestrian bridge across a small inlet channel on the property. In addition, Salt Lake County will grant a pedestrian bridge easement to West Valley City in perpetuity, provided the City uses and maintains the pedestrian bridge.

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Council Member Bradshaw, seconded by Council Member Horiuchi, moved to approve the request and forward the resolution to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Wilde and Jensen were absent for the vote.

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Set Hearing for July 30, 2013

To consider vacating the County’s interest in Territorial Road, west of 7200 West, and approving its conveyance to Kennecott Utah Copper LLC.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to forward this matter to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Wilde and Jensen were absent for the vote.

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Resolution

The Council reviewed the following resolution, which has been placed on the Council agenda for final approval and execution:

Authorizing the issuance and confirming the sale of $67,000,000 Tax and Revenue Anticipation Notes, Series 2013, of Salt Lake County, Utah, for the purpose of meeting the current expenses of the County for fiscal year ending December 31, 2013, until taxes and other revenues for fiscal year 2013 are collected.

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to approve the resolution and forward it to the 4:00 p.m. Council meeting for formal consideration. The motion passed unanimously. Council Members Jensen and Wilde were absent for the vote.

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Other Business (3:42:05 PM ; )

Approval of Minutes

Council Member Bradshaw, seconded by Council Member Horiuchi, moved to approve the Committee of the Whole minutes for Tuesday, June 4, 2013, and Tuesday,

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June 11, 2013. The motion passed unanimously. Council Members Wilde and Jensen were absent for the vote.

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The meeting adjourned at 3:52:54 PM.

___________________________________Chair, Committee of the Whole

___________________________________Deputy Clerk

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