| | COMMISSION MEETING MINUTES April 12, 2011 The Board of Davis County Commissioners met in room 236 of the Davis County Courthouse, Farmington, Utah on April 12 at 10:00 a.m. Members present were Chairman Louenda H. Downs, Commissioner P. Bret Millburn, Commissioner John Petroff, Jr., Clerk/Auditor Steve S. Rawlings, Chief Deputy Civil Attorney William K. McGuire, and Deputy Clerk/Auditor Linda May. |
| | John Sheets, District 2 Commander American Legion, led the Pledge of Allegiance. All were invited to stand and join in. |
| Recognition of National County Government Month | Chairman Downs stated that as we continue with the April theme of National County Government Month we thank the great men and women who serve in our armed forces. We appreciate their great service to our country. Today we have invited the American Legion to meeting and I would like to give you some brief bio information about our speaker Robert “Bob” Jones, U.S. Navy Retired. Bob is a Vietnam era combat veteran of the U.S. Navy. Bob retired after a distinguished 20 year career at the rank of Senior Chief Aviation Storekeeper. Since military retirement in February 1987, he has served in several positions at Hill AFB (twice) for a total of 13 years and for 7 years at the Defense Depot Ogden. He currently serves as a Staff Mediator for the Hill AFB Alternate Dispute Resolutions Office. |
| Presentation by Bob Jones, American Legion, Regarding the Four Pillars of Organization for Veterans | Bob Jones, American Legion, stated shortly after the end of the Great War, World War 1 the American Legion was founded by veterans to serve America's veterans who at that time received no benefits from their service, and in ensuring our world remained safe and free of tyranny. Our founding documents was first written on a napkin during a meeting in Paris, France of several veterans who saw the need of an organization whose aims and purposes would rest upon four pillars that served not only veterans, but the widows and children of veterans and indeed their communities across America. Since our inception in1919, The American Legion has grown to more than 2.9 Million members worldwide who reside in more than 15,000 Posts in each of our fifty states and five foreign Departments. Our motto is “For God & Country, Still Serving America”. The American Legion is an organization chartered by the Congress of The United States of America whose members are exclusively war time service members who have served in the Armed Forces of the United States of America, and our organization is truly a family organization including Legionnaires, the American Legion Auxiliary/Jr. Auxiliary and the Sons of The American Legion. Our four pillars are: Veterans Adjustment and Rehabilitation (VA&R): With the end of WWI, there was no medical or other system to serve those veterans of America's wars medical or psychological needs. To meet that need, the first of our four pillars became VA&R under which legislation was initiated starting the Department of Veterans Affairs Medical System, which oversees the care and nurturing of American veterans wounded during war. VA&R has grown and intensified in the ensuing years to encompass the total care for our veterans, whether the need is psychological, physical, or spiritual. The VA Medical system is the largest medical system in the world serving all of America's veteran's needs and is the benchmark other medical systems endeavor to follow in care for their patients. Accompanying the VA Medical System is the VA Regional Offices worldwide whose purpose is in ensuring veterans receive those benefits of service they so richly deserve through their service. Recently the VA has partnered with the Department of Defense in providing a seamless transition from service life to civilian life for our veterans. National and Homeland Security: The care, funding and family needs of our troops are the primary purposes of our National & Homeland Securities Division that is spearheaded by our full time lobbying staff in Washington DC who fight for the rights of America's service men and women currently deployed in more than 140 nations across our world. Primary within those goals is full funding in support of our troops for the latest state of the art equipment from pencils to major weapons systems, from equal pay to family support needs of deployed service men and women, from nuts & bolts to major weapons systems. Our National & Homeland Security Division considers more than 300 resolutions each year as we stay current with the needs of our military and fight for the equipment they need, for their rights and for fair and equal pay. Many of those resolutions have become public law that remains in existence today. Americanism, Children and Youth (C&Y): The American Legion's Commission on Children and Youth is based upon three main objectives: to strengthen the family unit, to support quality organizations that provide services for America's children and youth and to provide communities with well-rounded programs that meet the physical, educational, emotional and spiritual needs of young people. The commission works to provide hope for children who face health, safety, discipline or home life challenges, and provides opportunities for young people to succeed. The American Legion's Child Welfare Foundation provides more than $500,000.00 annually in grants for nonprofit organizations across America that work to improve the lives of America's youth. These grants have aided organ-donor campaigns, supported efforts to help military children cope with deployment or the loss of a parent, and funded projects that increase public awareness of Huntington's disease, autism, Reye's syndrome, meningitis, spina-bifida, diabetes, cancer and other conditions. The Commission has focused recent attention on several important national programs including the Children's Miracle Network, Ronald McDonald House, Family Support Network, Temporary Financial Assistance Program, Operation Military Kids and others, The American Legion family also sponsors and supports such programs as Boys and Girls State programs, High School Oratorical Program and much more. Legislative: Our legislative arm in Washington DC, coupled with our National Offices in Indianapolis, Indiana as referenced in National & Homeland Security above daily works with the Congress of The United States of America on a variety of issues affecting our active duty, guard and reserve troops, those who have previously served in our Armed Forces and our communities at large. Our lobbying efforts have reaped far reaching federal and state legislation as passed through grass roots resolutions considered during our annual National Convention. These resolutions also provide grass roots policy and procedure within our organization of more than 2.7 million war time veterans who reside within fifty five (55) departments worldwide. Some of the more noteworthy accomplishment during the last year includes: An annual expenditure in excess of $33 million on programs benefitting America's children Award of more than 9,000 Jr. ROTC Medals Sponsored more than 16,000 boys to American Legion Boys State and an equal number of girls to American Legion Auxiliary Girls State Sponsored more than 2,000 Boys Scout Troops serving 58,000 youngsters Sponsored more than 2,300 American Legion baseball teams with an additional 1,6oo youth baseball squads Post Service Officers handled more than 142,000 cases of veterans seeking benefits and just compensation from the Department of Veteran Affairs Devoted more than 2.3 million hours of volunteer service to Department of Veteran Affairs hospitals Donated more than 84,000 pints of blood to collection centers nationwide, making The American Legion the largest single blood donor Thank you so much for allowing us this time within your busy schedule, it is an honor serving within our communities. Chairman Downs said, “We thank you and the organization for the number of people you have touched in some way. It is amazing what you do.” Bob Jones introduced the other American Legion members in attendance: John Sheets, Chuck Stevenson, Paula Stevenson, Jim Heffner, and Frank Lennartz. |
| Special Commission Meeting | Chairman Downs announced the special meeting the Davis County Commission will hold on April 19, 2011, 6:00 pm prior to the Fruit Heights City Council Meeting at their city offices. |
| Davis County Storm Water Coalition – Water Fair | Chairman Downs announced the Davis County Storm Water Coalition will be holding a Water Fair April 12 and 13 at the Davis County Fairground. The Water Fair is an opportunity for 4th grade students of the Davis County School District to reinforce the water-resource curriculum. Together with US Forest Service, Utah Division of Natural Resources, Ogden Nature Center, Utah Wildlife Resources, Davis County Health Department and Weber Basin Water Conservancy District we join efforts to reach out and educate the students about pollution prevention of our life-sustaining resource. |
| | Chairman Downs said, “The commission receives questions on many issues and one is fluoride. What responsibility do we have and what is erroneous for us to take on as a responsibility? Today we have asked Lewis Garrett, Davis County Health Director, to present information regarding fluoride. Before he begins we will ask Bill McGuire to give us a “101” on this issue.” Bill stated that clearly several years ago this issue to fluoridate the water came before the public as a vote. Davis County voters approved. The Board of Health was given the mandate to implement. The commission clearly has the right to hear public comments and disseminate information. It is under the Board of Health to administer the distribution and type of fluoride. |
| Presentation by Lewis Garrett, Davis County Health Director Regarding Fluoride | Lewis Garrett, Davis County Health Director, presented the following power point and information: History: “In 2009 Lorna Rosenstein approached the Davis County Commission with questions and concerns about fluoride. There were specifically three questions concerning possible civil liability the county could incur through implementation of the vote to fluoridate. Davis County is at minuscule exposure when it comes to liability in adding the chemicals to the water. I will not be presenting the pros or cons or a discussion of the science, but only will provide information regarding civil liability questions”. Ms. Rosenstein’s First Question: “Under what authority can the Davis County Health Department not only recommend water agencies modify the language of the federally mandated Consumer Confidence Report but also insert an opinion statement, as is evidenced in the Davis County Fluoridation Ordinance?” Response: Board of Health Regulation · No mention of the CCR This was reviewed by Davis County Attorney’s Office and is not inconsistent with federal regulations. Guide to Implementation · Web references · Reporting requirements · Suggested language for the CCR Lewis stated Board of Health did provide a guide after the vote. Water systems had to report any trace chemicals. EPA has regulatory power over all water. Federal and state drinking water regulation are being met. CCR’s are mailed to all consumers. Ms. Rosenstein’s Second Question: “What risks and liabilities does Davis County assume when after lowering of the target level of fluoride to 8 ppm, a direct result of the CDC Infant Advisory and the Davis County Health Department’s Expert Fluoride Panel convened for the express purpose of considering that CDC Infant Advisory, the Davis County Health Department has not relayed the CDC Infant Advisory to either the public for whom it was intended or the water agencies?” Response: An example of mild fluorosis was shown. The fluorosis is mild not visible to the naked eye. Journal of the American Dental Association 141(10), October 2010 “A recent review of the effect mild dental fluorosis on oral health-related quality of life concluded that the effect of mild fluorosis was not adverse and could even be favorable. This suggests that concerns about dental fluorosis may be exaggerated.” “Therefore no general recommendations to avoid use of fluoridated water in reconstitution infant formula are warranted.” Lewis stated when advisors were issued a few years ago regarding the concern of babies and infants’ overexposure to fluoride the Davis Board of Health requested the lowering of fluoride levels. The county’s drinking water fluoride level has been changed from 0.8 milligrams per liter to 0.7 milligrams per liter. The CDC and the American Dental Association have said that they are seeing an increase in mild fluorosis, likely because more water operators are fluoridating water. I do not see a need to send out an advisory and alarm people. It is not dangerous and is a minuscule risk. Ms Rosenstein’s Third Question: “What risks and liabilities are there to Davis County as a result of the chemical suppliers of the fluoridation by-product not being responsive to the specific inquiries submitted by the Davis County Attorney?” Response: · Chemical company product data sheets received and shown are available. · Material Safety Data Sheets shown and are available. · Inspection Report shown and are available · Liability Issues: Spills, contaminants, overfeed Lewis Garrett stated Dee Jette of the Davis County Health Department receives on a regular basis an analysis of chemicals and testing from water suppliers. Standards are established and must meet NCF requirements. We mirror state and federal regulations. Safe transportation of chemicals is under the direction of Utah Department of Transportation and National Transportation Safety Board. Davis County personnel do not purchase, handle or distribute. The Government Immunity Act should minimize any county responsibility. Lewis Garrett stated the five options in reverse order as presented by Troy Rawlings, Davis County Attorney, on February 22, 2011, at commission meeting: 5. Temporary moratorium (is difficult issue due to language of 19-4-11 vs. Title 26A and Title 17 powers). 4. Put back on ballot for another vote. 3. Hold hearings, subpoena witnesses, take testimony under oath. 2. Establish a Water Advisory Board or Committee to study these issues and make recommendations. 1. Take no action and rely on entities that have made decisions in this regard already. Lewis Garrett stated there is no reason to conduct a third vote on fluoride or to establish a fluoride advisory board and recommends option 1. He stated that he does not want to see a perpetual vote on the issue, something that could cost taxpayers in both election and infrastructure costs should the voting result in changes having to be made to the water system. However, it is ultimately the commission’s decision. |
| Presentation by Tage Flint, Weber Basin Water Conservancy District CEO, regarding Fluoridation | Tage Flint, General Manager/CEO, Weber Basin Water Conservancy District, spoke about the quality of the fluoridation chemical used by Weber Basin Water Conservancy District and the associated costs. As you are aware, the District is a wholesale supplier of drinking water to every city in Davis County. Our latest estimates show that approximately 50% of the County’s drinking water is coming from our sources. The District has routinely sampled the fluorosilicic acid it uses as an additive to meet the required dose of fluoride. This particular chemical is used primarily because it accommodates the high volumes of water delivered daily. An analysis of this chemical as it has been tested for a long list of metals that are potential contaminants is available. In each case the amounts of these metals, after mixed with the water, are all significantly lower than the Maximum Contaminant Level (MCL) allowed in drinking water. We have also recently completed a cost review of the District’s fluoride addition program and have discovered that the costs of that service have increased. Originally, when the fluoridation requirement was issued, the District added an annual surcharge of $10.00 per acre-foot to recover the capital costs of the facilities and to pay for the annual cost of operation and maintenance (the largest component being purchase of the fluorosilicic acid). Since then, we have maintained that wholesale rate surcharge for drinking water in Davis County. Our cost review now shows that the price of the chemical additive has increased over 250% in the last few years. This will result in the District considering a price increase of at least $6.00 per acre-foot in the near future to cover its costs. If this new rate is adopted, it will take the cost of fluoridation to a range of $7.00 to $16.00 per household per year. |
| Tage Flint, Weber Basin Water Conservancy District CEO for Snow and Water Reports | Tage Flint, General Manager/CEO, Weber Basin Water Conservancy District, gave a report pertaining to the snow and precipitation levels. The snowpack is 158% of normal. The number may inflate if storms continue. Presently, there is approximately twice as much snow in our mountains as there was on the same date last year. Even at these levels, runoff projections are difficult because they are weather and temperature dependant. It is a daily game of watching to have the room in reservoirs to capture and have the capacity for water needed. There are seven reservoirs in the Weber Basin Water Conservancy District. Another contributor to possible higher than normal flows is this year’s soil moisture content throughout the two river basins. Moisture content is presently very high in the soils which will likely contribute to higher sustained river flows and quicker variations in daily flows. In 1983 it rained every third day in April, May, and June. We appreciate the work counties do to protect citizens and property from flood damages and we hope this information helps you in planning for this year’s runoff. |
| Change Order #2010-307A Whitaker Construction Co. for North Salt Lake Detention Basin Project | Kirk Schmalz, Davis Public Works Director, presented a change order #2010-307A for Whitaker Construction Co. for the North Salt Lake Detention Basin Flood Control Project. An extension of time is recommended until July 20, 2011. It has been too wet for heavy equipment to accomplish the work at the site. This would be for a 75 day extension. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. Commissioner Petroff stated he went to the project site last week and the basin is retaining water. |
| Agreement #2011-96 Minnesota Multi-State Contracting Alliance for Pharmacy to Group Purchase | Lewis Garrett, Davis County Health Director, presented agreement #2011-96 with Minnesota Multi-State Contracting Alliance for Pharmacy (MMCAP). This is a group purchasing organization for government healthcare facilities that provides volume buying power to ensure low prices and best value for member. We currently utilize their contract for purchasing influenza vaccine. Commissioner Millburn made a motion to approve. Commissioner Petroff seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| Amendment #2009-108B West Point City for Animal Control Services | Commissioner Petroff presented amendment #2009-108B with West Point City for animal control services to be provided by Davis County. It is a receivable of $23,217.90. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| | Megan Hatch, Davis County Legacy Events Fair Coordinator, presented the following two agreements: |
| Agreement #2011-97 Intrepid Motor Sports for Demolition Derby | Agreement #2011-97 with Intrepid Motor Sports. The company will produce the Davis County 2011 Fair demolition Derby. The contract outlines a tentative prize money breakdown. It is a payable of $4,000.00. Commissioner Millburn made a motion to approve. Commissioner Petroff seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| Agreement #2011-98 Baley Plascencia for Text Message Marketing Services for 2011 Fair | Agreement #2011-98 with Baley Plascencia. The contract is for text message marketing services for the 2011 Davis County Fair. The services include assistance in promoting and planning the program, executing the program, and evaluation after the end of the fair. This program will allow for announcements prior to and during the fair, scavenger hunts and prize drawings. After the fair ends, we will be able to keep the phone list for future fairs and programs. It is a payable of $2,500.00. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| Memo of Understanding #2011-99 USDA Forest Service for Sheriff’s Office Services | Kevin Fielding, Davis County Sheriff’s Office, presented memorandum of understanding #2011-99 with the USDA Forest Service. It is to document the cooperation between Davis County Sheriff’s Office and the USDA Forest Service in providing law enforcement services to the Weber Basin Job Corps Civilian Conservation Center. The agreement is through August 1, 2015. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| | Tony Thompson, Davis County Planning Office, presented the following three agreements: |
| Agreement #2011-100 Scott Harbertson & John Anderson to Search for Historical Artifacts | Agreement #2011-100 with Scott Harbertson and John Anderson. Permission is requested for the two individuals to search for historical artifacts on the Davis County campus that is currently under construction. The activities would occur during regular work hours and if anything is found it becomes the property of Davis County. Commissioner Millburn made a motion to approve. Commissioner Petroff seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| Agreement #2011-101 Kelly M. Nielson & James O. Chamberlain for Design & Drawings of Building | Agreement #2011-101 with Kelly M. Nielson and James O. Chamberlain & Associates to provide the design and drawings for a rodeo restroom/vehicle storage building at the Legacy Events Center (north end of the grandstand). It is a payable of $8,780.00. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| Agreement #2011-102 Kelly M. Nielson & James O. Chamberlain for Design & Drawings of Building | Agreement #2011-102 with Kelly M. Nielson and James O. Chamberlain & Associates to provide the design and drawings for a vehicle storage building at the Davis County Sheriff’s Office. It is a payable of $13,000.00. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. Document on file in the office of the Davis County Clerk/Auditor. |
| | Commissioner Millburn made a motion to convene as the Board of Equalization. Commissioner Petroff seconded the motion. All voted aye. |
| Approval of Property Tax Register | Ross Bartholomew, Davis County Tax Administration Director, presented the property tax register. It reflects 39 items for approval. Commissioner Petroff made a motion to approve. Commissioner Millburn seconded the motion. All voted aye. |
| | Commissioner Millburn made a motion to reconvene the regular commission meeting. Commissioner Petroff seconded the motion. All voted aye. |
| Commission Minutes Approved | Commissioner Petroff made a motion to approve the commission meeting minutes of March 29, 2011. Commissioner Millburn seconded the motion. All voted aye. |
| Personnel Register Approved | Commissioner Millburn made a motion to approve the personnel register. Commissioner Petroff seconded the motion. All voted aye. |
| Check Registers Approved | Check registers as prepared by the Davis County Clerk/Auditor’s Office were approved with a motion from Commissioner Petroff. Commissioner Millburn seconded the motion. All voted aye. Documents are on file in the office of the Davis County Clerk/Auditor. |
| | No commission comments. |
| | Public comments. Lorna Rosenstein, Layton, Utah, Waterwatch of Utah, spoke about other chemicals at the well house being stored and it being of concern along with the fluoride. In 2004 well site tours were conducted and the erosion of metals was evidenced. She would like to see another tour conducted to view the infrastructure. After 10 years, I would like to get all the facts on the table. |
| | Meeting adjourned. |