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City OKs permit for chemical transload at industrial depot

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The Tooele City Planning Commission approved a conditional use permit that allows an explosive manufacturing and storage company to transfer chemical product at the Peterson Industrial Depot during its meeting Wednesday night. 

The permit would affect 4 acres of property east of South Feldspar Road, which is already zoned for industrial use. The company requesting the permit, Davey Bickford USA, will not produce or manufacture chemicals on site, but will transfer them between train cars and tractor-trailers, and store them for periods of up to 24 hours. 

There will be no buildings on site, just railroad spurs and transloading equipment, according to Tooele City zoning administrator Andrew Aagard. 

“Employees will arrive at the site, transfer the material and return to the main office or staging area,” Aagard said. 

Davey Bickford USA previously applied for a similar conditional use permit at a different property on Kira Drive, which was also approved by the planning commission at its Feb. 13 meeting. 

One of the chemicals transferred at the site would be ammonium nitrate prill, which is used in fertilizer or explosives, according to the federal Environmental Protection Agency. A safety data sheet about ammonium nitrate prill was included in the materials provided by Davey Bickford. 

The prill is a solid and could be “easily scooped up and properly disposed of,” according to the city’s staff report. Dave Bickford USA provided spill containment information should a spill occur. 

City staff recommended approval, with conditions that include truck traffic following established routes, chemical spill containment following local, state and federal regulations, and requiring the company to notify the Tooele City Fire Department of any changes in product type prior to accepting the new product. 

Truck are essentially only allowed to use state highways outside the industrial depot, according to the staff report. Only state Route 36, 1000 North west of Main Street and state Route 112 west of the 1000 North intersection would be permitted for truck traffic. Utah Avenue is no longer an approved truck route. 

Following the presentation by Aagard, a public hearing was held. No one spoke during the public hearing and Aagard said none of the adjacent property owners notified of the permit responded either. 

On a motion from Commissioner Tyson Hamilton, seconded by Commissioner Bucky Whitehouse, the commission unanimously approved the conditional use permit.

 


Tooele approves preliminary plan for 700 South development

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The preliminary plan for a housing development in the vacant field that was the ignition site for a destructive wildfire in 2016 was recommended for approval by the Tooele City Planning Commission on Wednesday evening. 

The proposed development, at approximately 760 W. 700 South, would include 54 single-family lots on 14 acres of property. The residential lots range in size from .16 acres to .32 acres, though the largest lot abuts the development and fronts onto Coleman Street. A .38-acre storm water detention basin is located at the northwest corner of the property.

The property is already zoned for single-family residential and all of the lots in the subdivision meet or exceed the minimum lot development standards for lot size, frontage and width, according to the city’s staff report. Surrounding properties are either zoned for single-family residential or built as single-family detached properties. 

There are three connections to the subdivision, including to 700 South, 580 South and American Way, with interior streets of 760 West, 580 South and 680 South.

The preliminary plan includes a flag lot in the upper right corner of the property. Flag lots are permitted in the city’s subdivision ordinance, according to the staff report. 

Commissioner Tony Graf said he was concerned about visibility with someone leaving the flag lot, as the 28-foot wide driveway to the property would have fencing along it. Graf said there could be a blind spot for pedestrians, bikes or cars to a driver backing out of a driveway with fences on either side. 

City planner Andrew Aagard said the city’s fence ordinance limits fence height to 3 feet in the front yard setback, which would reduce some concerns about visibility.

Commissioner Melanie Hammer asked how common flag lots are and Aagard said they do occur and are permitted by code. The staff report said flag lots are permitted “when there are no other alternatives” and it was the solution in the case of this development because it created the safest and most efficient interior roads. 

The preliminary plan was unanimously recommended for approval by the planning commission on a motion by Commissioner Chris Sloan, seconded by Commissioner Tyson Hamilton.

The July 19, 2016, wildfire that started on the property spread north toward Van Dyke Way and destroyed 11 homes and damaged 17 more, with the total damage estimates and initial recovery costs totaling more than $1.3 million.

 

Man charged with forcible sodomy appears in court

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A Tooele man made his initial appearance in 3rd District Court on Monday on a felony charge stemming from allegations last November. 

Zachary Scott Sessom, 32, is charged with first-degree felony forcible sodomy. 

Tooele City police were dispatched on reports of a sexual assault late in the evening of Nov. 9, 2018, according to a probable cause statement. The victim, who was over the age of 13, told officers they and Sessom were at her home, consuming liquor together. 

Sessom made sexual advances to the victim several times during the evening and was “unequivocally rejected” by the victim, the probable cause statement said. The victim said they felt sick and went to lay down in their bed. 

The victim told police they then awoke to find Sessom performing a sexual act upon them without their consent, the statement said. 

During his court appearance, Sessom, who is not in custody, was found indigent and appointed an attorney. He is scheduled to return to court for a scheduling conference on May 14 at 1:30 p.m. before Judge Matthew Bates.

 

Tooele man arrested for stolen vehicle and drug possession

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A Tooele man has been charged in 3rd District Court with felony drug possession charges after he was arrested by police earlier this month. 

Christopher Lynn Fernandez, 34, is charged with second-degree felony receiving or transferring a stolen vehicle, three counts of second-degree felony possession or use of a controlled substance and misdemeanor possession of drug paraphernalia. 

On April 9, Tooele City police officers were dispatched to the area of 389 N. 1000 West on reports of a suspicious vehicle that appeared to be attempting to drive on the railroad tracks, according to a probable cause statement. The responding officers located the vehicle and made contact with the man inside, identified as Fernandez, who told them the car was stuck in the mud. 

During their conversation with Fernandez, officers discovered a backpack and small bag that were placed behind a bush, the statement said. Inside the bag, officers found small individual baggies, a scale, a syringe, a glasses case containing a pipe and substances suspected to be marijuana, heroin and methamphetamine. 

In a conversation with police, Fernandez said the items found in the bag were his, according to the probable cause statement. 

When officers ran the vehicle plate, it was found to be listed as stolen on the National Crime Information Center database, the statement said. When the vehicle owner was contacted, they said they were not familiar with Fernandez and no one should have the vehicle. 

Following his initial appearance in 3rd District Court before Judge Matthew Bates, Fernandez was scheduled to appear again in court on April 23 at 9 a.m. for a scheduling conference.

 

Transcript Bulletin awarded for news coverage, design

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The Tooele Transcript Bulletin received 15 awards — including 8 first-place prizes — at the Utah Press Association’s annual Better Newspaper Contest on Saturday. 

The newspaper received awards for its news and sports content, photographs and page design at the awards banquet, held in the Varsity Room at Rice-Eccles Stadium in Salt Lake City. 

Graphic artist Liz Arellano was the big winner for the Transcript Bulletin, taking home three first-place awards. Arellano’s design work on the Jan. 16, 2018, edition of the newspaper received best front page; she also earned best lifestyle page for the July 19 Hometown, “Epic Boy vs. Beast Battles” and best advertising idea for the Christmas coloring book advertisement.

The Transcript Bulletin’s editorial staff, including editor Tim Gillie, staff writer Steve Howe and correspondent Mark Watson, won best news coverage. The Transcript Bulletin competed in Group 3 with other weekly papers from around the state, with the groupings determined by circulation.   

Gillie’s May 24 Out & About column, “Don’t let moss cover our memories of Tooele,” was recognized as best editor’s column. Gillie also received second-place for best news series for his coverage of the citizen’s effort and referendum to halt a zoning change in Stansbury Park.

The Transcript Bulletin’s online coverage of the July fire in Middle Canyon, written by Howe, was awarded best digital breaking news story. Howe also placed second in best feature story for the Aug. 21 Hometown, “A New Tradition.”

Sports editor Darren Vaughan received a trio of awards, including best sports column for his Feb. 22, 2018, piece, “Powers left a mark, on and off the field.” Vaughan placed third in best sports story and best sports page, as well. 

Photo editor Francie Aufdemorte was recognized as having the best news photograph in Group 3 for her photograph of a flock of European starlings at a home on Burmester Road in Grantsville. Aufdemorte also received second place in best feature photograph for photos taken at the Utah Peace Officers Association K-9 Trials at Deseret Peak Complex in September. 

Photographer Sue Butterfield placed second for best sports photograph, for her photo from the MotoAmerica Motul Superbike Class at Utah Motorsports Campus on July 21.

The Transcript Bulletin was also recognized with third place for best website. 

The Utah Press Association was founded in 1893 by a small group of publishers to represent Utah’s newspapers and to function as a collective voice and a legislative watch for all Utah member newspapers, according to UPA’s website.

The Transcript Bulletin routinely competes in the UPA’s contest every year, in addition to competing in the Society of Professional Journalists’ Utah Headliners annual contest.

 

Utah prepares to drop, cover and hold on for earthquakes

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The question of a significant earthquake striking Utah, especially along the Wasatch Front, is one of “when,” not “if.” 

It’s the reason more than 920,000 Utahns will drop, cover, and hold on this Thursday as part of The Great Utah ShakeOut. Local schools, businesses, organizations and individuals can all participate by signing up at shakeout.org. 

The idea behind The Great Utah ShakeOut is simple. On April 18 at 10:15 a.m., participants will drop to the floor, get under a table or solid surface, and hold on — the same actions recommended in the case of an earthquake. 

April is National Earthquake Preparedness Month and it’s an opportunity to remind residents of the risk of earthquakes, according to Tooele County Emergency Management Director Bucky Whitehouse. 

“We try to get folks to take the annual opportunity to look at their emergency preparedness plans (and) to learn more about earthquakes, because that’s the most catastrophic problem that we can have out here,” Whitehouse said. 

The Oquirrh fault line lies along the Oquirrh Mountains in Tooele County and there will be some fracturing along the fault line in case of an earthquake, Whitehouse said. Most of the damage, however, will come from liquefaction of soil in low-lying areas closer to the Great Salt Lake with high water tables. 

“Tooele County, as a whole, is not suspected to sustain the same kind or level of damage as our counterparts in the Salt Lake area,” Whitehouse said. “For that reason, it is thought to be a place where people will be sheltered from the Salt Lake Valley, in the Tooele Valley area.”

With Tooele County escaping the more significant damage expected along the Wasatch fault, it will likely be a staging area for agencies like the Federal Emergency Management Agency.

“Much of the federal response to an earthquake will come into Tooele County and be deployed into the Salt Lake area,” Whitehouse said. “It’s quite possible that our population numbers could double in 96 hours.” 

An earthquake in Salt Lake Valley would also mean outside relief efforts would be focused on residents there. As a result, Tooele County residents are encouraged to prepare to take care of themselves in the aftermath of an earthquake, according to Whitehouse. 

“The response is going to be massive in size and scope,” he said. “The more resilient we can be as individual households, the better it’s going to be for everyone.” 

Residents should store enough food for at least 96 hours, as well as a gallon of water per day for each member of the household over the same span, including pets. Homeowners should also know how to shut off their utilities such as water, electricity and gas, and the structural state of their homes. 

In addition to being prepared at home, residents should be aware of alternate transportation and evacuation routes, Whitehouse said. If a significant earthquake hits Salt Lake Valley, the Interstate 80 corridor into Tooele County will likely be impassable for at least 96 hours.

With so much of the community commuting, it’s also important for residents to have plans if someone is trapped on the other side of the Oquirrh Mountains for an extended period of time. 

Whitehouse said residents can also sign up for the Tooele Ready app, which contains information about planning for emergencies, contact information for first responders and links to Tooele Alerts, the county-wide alert system, and Tooele Responds, the county’s volunteer coordination system. 

Residents can sign up for Tooele Alerts and Tooele Responds through tcem.org.

 

I think I just had a blink-and-you-miss-it decade

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Before coming into the office on Wednesday, I took a bit of a detour from my morning routine. 

My sister-in-law was in town and interested in possibly participating in a triathlon, so had asked for some pointers in the pool. I swam in high school and have always spent at least some time in the pool since then, so I was more than willing to pass along some drills I’d learned over the years to improve technique. 

As I was coaching her through a series of drills, I thought about my last two years of high school, when I, in addition to my own swimming and track exploits, was the student manager on the girls swim team (boys and girls swimming are in different seasons in New York). While it was an excuse to get extra time in the pool before my season, I also fancied myself a kind of assistant coach as the actual coach would assign me to assist the girls needing extra help getting ready for competition. 

While reflecting on my quasi-coaching stint, I was reminded of the fact those memories are over a decade old now. My 10 year class reunion (which I’m partially responsible for organizing) is coming up this summer. 

How exactly long it’s been will certainly be on my mind next week, when I’ll be spending a few days in my hometown. Bainbridge will always be “home” to me, after spending the first 18 years of my life there, but the proportion of my life the time I spent there represents shrinks each year. 

After I went off to college more than three hours away, I haven’t lived in Bainbridge. Following my freshman year of college, I stayed on campus during the summer while I worked a summer job at a brewery. Following that, I lived both on and off-campus with my now-wife, Angela. 

Despite my quick separation from the town I grew up in, I still have a strong connection to the place. I always like driving the twisting, hilly road that drops you into town when arriving from western New York. It still feels like home. 

What’s changed, however, is my relationship to interacting with the places in town. At this point, many of the teachers I had in school have retired, moved to other school districts or don’t teach anymore. 

A visit to my old high school would likely be a jarring excursion, with so few familiar faces. A lot happens in 10 years, even in small town America. 

Unlike some people, I have fond memories of high school. I did well in my classes and loved to learn and there were so many opportunities to do sports, music, art and more.

Nowadays, I’m lucky if I do anything productive when I get home from work, beside the necessary (and certainly not fun) household tasks. I wish I still had the time to focus on the myriad interests and hobbies of my youth. 

Exactly how much time has passed was evident a couple months ago when I dusted off my violin and gave playing it a chance on a lazy weekend day when no one else was home. I was more than a little rusty, but could (laboriously) carry a tune. 

It had been at least a few years since I’d even touched my violin at that point. I’d first started playing in kindergarten and with orchestra in high school and private lessons, I’d play several times a week at a minimum. 

All of that is in the rearview mirror now, however. As with everything else tied to high school, it’s been a decade or more. 

When I was looking through graduation photos to accompany this high school reflection piece, I can still name and recognize all the members of my class. It’s interesting how many I’m still friends with on Facebook and other social media, and which ones I haven’t seen nor heard from in years. 

A few of those were people I was close to in high school but fell out of touch with. It’s to be expected as time goes by, but highlights the nature of years passing by — many of them were people I still remember clearly, down to conversations, jokes and experiences, which feel more recent than 10 years ago. 

As my mom said, when I asked for some graduation pictures, “Time passes so quickly” — after she sent my kindergarten class photo.  

All of this will be on my mind as I return to Bainbridge for a few days and as the stop-and-go planning process for a class reunion continues (which I likely won’t be able to attend.) The years have been good to me since and I don’t miss being in high school, but that doesn’t mean I’m immune to nostalgia.

 

I-80 traffic to be detoured at Lake Point for bridge work

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Eastbound Interstate 80 will be closed Monday night while construction crews pour the concrete deck on state Route 36 flyover bridge at exit 99. 

Both lanes of eastbound I-80 will be closed at the off ramp for exit 99, as well as a single westbound lane, from 8 p.m. to 5 a.m., according to Courtney Samuel, Utah Department of Transportation Region 2 senior communications manager. 

Travelers using I-80 eastbound will be detoured to take exit 99, then rejoin I-80 via northbound SR-36, Samuel said. 

Construction crews have been installing rebar on the replacement flyover bridge throughout the week in preparation for pouring the concrete deck. 

The initial work on the exit 99 overpass began last spring but had been on hold for several months while the earthen support for the ramp settled. UDOT expects to complete work on the SR-36 flyover by this fall. 

The work to replace two railroad overpass bridges on I-80 near Black Rock has been put on hold due to unexpected nationwide organizational changes within Union Pacific Railroad. The railroad overpass bridges were originally scheduled for completion by December. 

Now, the completion date remains up in the air as UDOT works with the railroad to complete agreements necessary for the bridge replacements. 

A temporary bridge will be constructed alongside the existing eastbound bridge, to its south, so two lanes of traffic will remain open in both directions once work resumes on the railroad bridges. 

The replacement project for the three bridges has an estimated price tag of $45.7 million, according to UDOT.

 


Tooele City Council approves increased parking violation fee

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Parking illegally on Tooele City streets is now more expensive after the City Council approved changes to the city’s parking code during its meeting Wednesday night. 

The fine for parking violations in the city, which was previously $25, is now $50 with an escalator to $100 if the fine is not paid within 15 calendar days. 

Tooele City Attorney Roger Baker said the City Council requested the city’s administration last fall to review its legal authority to tow vehicles in violation of parking laws, with special concern about cars parked on streets during snow storms that interfered with snow plow safety.

“When a plow has to weave around cars parked on the street, there’s a much greater likelihood for collisions with those cars,” Baker said. 

The city’s parking code hadn’t been updated in 29 years, so the changes also include clarification on definitions among the other changes, according to Baker. It also more clearly identifies the instances in which a car can be towed away. 

Under the updated code, Tooele City police officers are authorized to remove, or cause to be removed, any vehicle that obstructs normal traffic, including pedestrian and bicycle traffic; obstructs authorized emergency vehicles or service vehicles like snow plows while performing official duties; creates a risk of danger or damage to property; and is abandoned or appears to be abandoned. 

“If that vehicle is obstructing the safe flow of traffic, or is deemed as a threat to the public health and safety — those are the occasions in which it is lawful to have a vehicle towed,” Baker said. 

State code and Salt Lake City’s parking ordinance were reviewed prior to making changes to Tooele City’s parking code, according to Baker. The proposed code was also presented to Tooele City Police Chief Ron Kirby for his review. 

Baker’s proposed parking code amendment would have had a $100 fine upfront, which could be reduced to $50 if paid within 15 days. Councilman Scott Wardle proposed a reverse of the process, so the fine amount would increase if not paid within the same number of days. 

Councilman Brad Pratt was supportive of the change, so the fee increases if addressed quickly, as opposed to decreasing if paid in the same window. 

“I think if you go with the fine up front and then know that there’s an escalator built into that in a certain period of time, that it will incentivize people to come and take care of the fine and address it,” Pratt said.

Councilman Dave McCall said it worked out the same either way, but having the $100 upfront might grab violators attention and get them to pay the fine more quickly and move the offending vehicle. 

“Ultimately to me that’s what we’re trying to do, is to get their attention to get that vehicle off the street,” McCall said. 

Tooele City Mayor Debbie Winn said the fine increase was necessary because the current amount was ineffective. 

“We just know that $25 doesn’t work,” Winn said. “When you park your travel trailer and get two and three tickets, it’s easier to pay the $25 then it is to go and pay for it to be stored.”

During the City Council’s 7 p.m. business meeting, the changes to the code, along with the fine escalator, was approved unanimously on a motion by Wardle, seconded by Pratt. 

 

Amended land use and zoning map approved by Tooele City

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After making some notable changes to the city’s multi-family residential zoning districts in March, the Tooele City Council officially changed the city’s land use and zoning maps to reflect the changes. 

At its March 20 meeting, the City Council passed an ordinance that created, in-part, a third multi-family zone, while reclassifying the high-density residential and medium-density residential zones. The ordinance transitioned medium density residential zoning to MR-8 and high density residential to MR-16.

The residential zones changed to MR-8 and MR-16 did not increase the density allowed on the property. The creation of the MR-25 zone, however, would permit apartments, condominiums, townhomes and other high-density housing uses and prohibit single-family and two-family dwellings. 

As indicated by the numbers associated with them, MR-8 permits a maximum of 8 residential units per acre, MR-16 permits a maximum of 16 residential units per acre and MR-25 permits 25 residential units per acre. 

MR-25 also allows a smaller minimum dwelling unit size, at 750 square feet for a single-story dwelling and 1,000 square feet for a two-story dwelling. The next smallest zoning designation, MR-16, permits units as small as 800 square feet for a single-story dwelling and 1,100 square feet for a two-story dwelling. 

After approving the changes to the zoning designations, the City Council needed to apply the new designations to the general plan land use map and zoning map, according to Jim Bolser, the city’s community development director.

As MR-8 and MR-16 replace the medium-density residential zone and high-density residential zones, the parcels zoned would be renamed accordingly. 

Bolser also presented three properties near 300 E. 1000 North, 800 N. 100 East, and 350 W. 400 North that were recommended for amendment by the city’s planning commission. 

The suggested parcels near 400 North included a parcel by Dow James Park already rezoned to high density residential, the adjacent trailer park and the Landmark Apartments. The planning commission recommended changing the adjacent parcels to the MR-16 designation as the trailer park and apartment buildings were non-conforming in their current single-family zoning. 

For the 100 East parcels, immediately south of Scholar Academy, it includes the existing Lakeview Apartments, which were in a commercial zone, and property adjacent to the apartment buildings under construction in the area. The planning commission recommended the new MR-25 zoning for the properties in question. 

The recommended parcels along 1000 North would have been split between high-density residential and medium-density residential, to be assigned the MR-25 and MR-8 zones, respectively. While the redesignation was recommended by the planning commission, Councilman Scott Wardle suggested pushing off any change to the properties until there was development pressure on the parcels. 

The City Council unanimously approved the changes to the general plan land use map and zoning map, including the amendments on 100 East and 400 North, on separate motions by Wardle and seconded by Councilman Brad Pratt.

 

Emergency management looks for more use in alert system

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With the possibility of flooding, wildfires and other emergencies on the horizon, Tooele County Emergency Management is looking for more residents to sign up for its alert app.

TCEM’s mobile app, Tooele Alerts, is available through the tcem.org website, and provides emergency alerts and advanced warning to resident’s phones.

TCEM director Bucky Whitehouse said more than 50 percent of homes in Tooele County don’t have landline phones. If the power goes out and cell phone towers are affected, there might not be a way to reach residents with important alerts and warnings.

“You need to have as many methods for communication for emergencies as possible,” Whitehouse said.

The county can notify cell phone users in case of an emergency without Tooele Alerts, but they can only reach phones that are connected to the cell phone towers in the county. In a county with a high population of commuters, thousands of residents could be missing out on critical alert information, Whitehouse said.

“If our population is not where they’re communicating with that specific cell phone tower that’s covering Tooele County, they won’t get a wireless emergency alert,” he said. “The only way for them to be sure that they’re going to get an alert is to be a part of Tooele Alerts.”

Once a resident is signed up for Tooele Alerts, they can receive the notification of an impending or ongoing emergency situation, even if they’re thousands of miles away, Whitehouse said.

As of now, only about 3,000 households in Tooele County are registered for Tooele Alerts, according to Whitehouse.

The process to sign up, however, only takes about five minutes. Anyone interested in signing up for the app can go to tcem.org/ or tooeleread.org/tooele-alerts. After clicking on the sign up link, they answer some quick questions, including their name and contact information, to be signed up.

In addition to natural disasters, Tooele Alerts notifies users about severe weather or one-off alerts, such as a missing or endangered adult in the area. Users can also set preferences for what type of alerts they receive.

“Once they sign themselves up for the system, they will have the ability to be able to distinguish as to what type of weather-related alert they want,” Whitehouse said.

Whitehouse recommended setting the app preference to the weather warning level, as advisories and watches are much more common, resulting in more notifications.

Some people have approached TCEM, suggesting the app should notify drivers about accidents on SR-36 and other major routes, but Whitehouse said Tooele Alerts would only be used if the accident caused a complete closure of the road or the delay is several hours long.

“We have those frequently enough that we don’t have the ability to use the system to alert the public of every one of those crashes,” Whitehouse said.

The alert system has already been used multiple times, including when a cougar was loose in Overlake in August 2017 and during the Middle Canyon fire last July.

 

Tooele City reviews possible $835K increase to labor costs

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As Tooele City winds up for the 2019-20 budget process, the City Council reviewed projected increases to labor costs in the coming fiscal year.

Tooele City human resources director Kami Perkins presented on the topic of rising labor costs, with a possible $835,000 increase in the coming year, including salary and benefits, during last Wednesday’s City Council work session.

The proposals from Perkins included a flat 50 cent per hour increase for employees, instead of a flat percentage increase for COLA. The flat monetary increase would have a more significant increase on lower wage workers and a lessened impact on high wage workers.

No increase to the salary for elected officials is included in the proposed labor costs for the upcoming budget.

The flat 50 cent increase also moves the city closer to its goal of a $10.20 minimum wage for employee salaries by 2020. Perkins said the increase to the $10.20 wage would not include entry level rates for high school students or interns working in temporary or seasonal positions.

Perkins said there is a blue collar worker drought due to low unemployment, which can make recruitment and retention more difficult. The same challenges also affect public safety positions, she said.

“It makes it very difficult for us all to fill jobs,” Perkins said.

Other sources of increase include funding the new parks and recreation director position, filled by Darwin Cook, a new full-time human resources assistant, an additional police officer and higher costs associated with an officer that was previously funded by a grant and one on military deployment.

Perkins said medical insurance costs are expected to rise by 9.5% with the city’s current provider, PEHP Health and Benefits. The increase was less than other proposals from providers including United Healthcare and Select Health, which were more than 20% higher.

With cost-of-living adjustments and rising insurance premiums, Perkins said the city should plan for annual labor cost increases of about $300,000 to $400,000 each year.

The average staff count at the city has grown along with the rising population in Tooele City, with the average staff count at 75 plus the volunteer fire department in 1998 increasing to 255 plus the fire department by 2018, according to Perkins.

“The growth is fabulous, we’re all feeling it,” she said. “But the growth is also impacting our ability to get work done and not burning out some of our important areas.”

While discussing police hiring needs, Tooele City Police Chief Ron Kirby said the department is requesting two additional officers, though one could be a school resource officer. The school district pays about 75% of the compensation for SROs through its agreement with the police department.

The preview of rising labor costs is a preliminary step in the city’s budget process, which is already well underway by city staff. On May 1, Tooele City Mayor Debbie Winn will present a tentative budget, which will be reviewed by the City Council prior to final approval.

Last August, the City Council approved an 82% property tax rate increase, which included additional funds for hiring police officers and the now under construction police station on Garden Street. The final increase was less than the 115% originally proposed, including concessions to 401K matches by the city (from a proposed 3% to 2%.)

 

Spring’s Barnyard Babies returns to Clark Historic Farm

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Spring has sprung — which means it’s time for Barnyard Babies at the Clark Historic Farm in Grantsville. 

The two-day event will feature all the staples from previous years, including baby animals, as well as kids’ games, crafts, bounce houses, pictures with a unicorn, food vendors and more. 

The collection of barnyard animals will include many staples, such as goats, calves and puppies. There will also be more exotic additions, including a baby yak, a camel, three Patagonian cavies and a capybara. 

Barnyard Babies is Saturday, April 27 and Saturday, May 4, from 10 a.m. to 4 p.m. The entry fee is $5 per person ages 3 and up. 

The entry fee for attendees includes a petting zoo and food for the animals, kids’ games, a “Dream Big” play area, with games like a giant chess set and tic-tac-toe board, and entertainment, demonstrations and animal talks. 

For an additional $5, visitors can purchase wristbands, which allow them to participate in new Farm Carnival Games, farmer dress-up, the kids’ craft barn, a bounce house, a picture with the unicorn or an item from the corner store. 

Vendors charging separate fees will offer food, face painting, pony rides, and more.

All proceeds from the event benefit the Clark Historic Farm, a non-profit charged with the preservation and revitalization of the farm, located at 392 W. Clark Street in Grantsville.

Barnyard Babies is the first major event on the Clark Historic Farm’s schedule, but there are other events throughout the year, including Memorial Day festivities, kids farm camps in June, summer concerts, a farmers market, the Utah Honey Harvest Festival in October and a live nativity at Christmas. 

For more information on events at the Clark Historic Farm or opportunities to volunteer, visit clarkhistoricfarm.org.

 

Tooele man charged with aggravated robbery, burglary

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A Tooele man made his initial appearance in 3rd District Court on Monday after he was charged with three felony charges connected to an alleged robbery last week. 

Mikhail B. Moore, 18, is charged with first-degree felony aggravated robbery, first-degree felony aggravated burglary and second-degree felony distribute, offer or arrange distribution of a controlled substance. 

Tooele City police officers responded to a report of an assault the evening of April 16, according to a probable cause statement. Officers determined Moore, along with another suspect, struck the alleged victim with their fists, a hammer and a two-by-four piece of wood. The victim said Moore also brandished a firearm during the assault. 

The victim said he agreed to meet Moore and the suspect to buy marijuana, the probable cause statement said. Following the assault, Moore and the suspect allegedly took the victim’s cell phone and a silver pendant on a chain necklace. 

During the investigation, officers reached out to Moore, who agreed to meet with police at his home, the statement said. Once he arrived in a vehicle matching the description provided by the victim, Moore was arrested. 

While interviewing Moore, he said he went to sell four tabs of acid to the victim, according to the probable cause statement. Moore said he only received $2 from the victim for $40 worth of drugs. 

Moore said he left, but returned to the victim’s residence, where he forced his way into the shed the victim was hiding in, the statement said. He began to yell at the victim and struck him with a piece of wood and the metal watch on his wrist. Moore said after the assault, he stole the victim’s cell phone and scooter; he was subsequently booked into the Tooele County Detention Center for aggravated robbery. 

During his initial appearance in 3rd District Court on Monday, Moore was appointed counsel and ordered $30,000 bail. He is scheduled to return to court for a scheduling conference on April 30 at 9 a.m.

 

Grantsville man pleads not guilty in attempted murder case with car

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A Grantsville man pleaded not guilty to all charges in a 3rd District Court case filed after he allegedly ran over another man in February 2018. 

Kelly Pierre Andrews, 44, is charged with first-degree felony attempted murder, second-degree felony receive or transfer of a stolen vehicle, and two counts of third-degree felony aggravated assault. 

Tooele City police were dispatched to a traffic accident call in the area of 915 N. Main St. in the afternoon on Feb. 24, 2018, according to a probable cause statement. Once officers arrived on scene, they learned the accident was intentional and the suspect, Andrews, had fled the scene. 

One of the victims in the vehicle told police Andrews had hit her vehicle, causing the accident, the statement said. When another passenger exited their vehicle after the crash, Andrews struck him intentionally before fleeing the scene, the victim said. 

The vehicle Andrews was driving was located afterward and found to be stolen from Salt Lake City, the probable cause statement said. Andrews, however, was not immediately located by police. 

Andrews sent messages to the victim, telling her he wanted to know where they were so he could “finish this,” according to the probable cause statement. He continued sending the messages threatening the victims throughout the night. 

Andrews was located the following day in Murray City, where he was taken into custody by police, the probable cause statement said. At the time of his arrest, Andrews was in possession of methamphetamine and a glass pipe. 

During arraignment on Tuesday, Andrews pleaded not guilty and a pretrial conference was scheduled for May 21 at 9 a.m. before 3rd District Court Judge Matthew Bates.

 


Final judgment reached in Tooele City, Aposhian Sod Farm lawsuit

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Barring future appeals, the lawsuit between Tooele City and the Aposhian Sod Farm reached final judgment in 3rd District Court on Friday. 

In the ruling from Judge Matthew Bates, the total market value of the sod crop at the farm was determined to be $1.51 million. The city was also awarded $385,600.80 for attorney fees, breach of contract damages, waste damages, and holdover damages. 

The net obligation for Tooele City is $1.13 million, which will be paid out in 10 equal annual installments under the Utah Governmental Immunity Act and the lease agreement, according to a Tooele City press release Tuesday afternoon. 

“This dispute may not be over, as appeals may be taken by either party, but Tooele City is and always has been committed to honoring the commitments it made in the lease as they are finally determined by the Courts,” the release said. “The City believes that it will be able to make those annual payments without having to increase taxes or reduce the level of services it provides for its citizens.”

The lawsuit was originally tried before a jury in December 2016. The jury determined Tooele City proved Aposhian committed waste on the property of $137,000 and the market value of the sod crop was $2.77 million. 

In December 2017, the court granted Tooele City’s motion for a new trial in regard to the sod crop value and determined the city suffered holdover damage and Aposhian had revenues totaling $942,719.45 in 2013, which offset the value of the sod crop at the end of the contract. 

Then in May 2018, the court reversed its prior decision that Tooele City was entitled to offset the value of the sod crop with Aposhian’s total farming revenues in 2013.

A new trial on the sod crop issues occurred last December, with the court ruling the value of Aposhian’s sod crop was $1.51 million. In subsequent post-trial memoranda on Feb. 11 and Feb. 15, the court declined to reconsider or denied all requests to adjust the damage or attorney fee amounts. 

The Tooele City Council approved the sale of the 1,784-acre sod farm, located near Vernon, for $1.3 million to Six Mile Ranch, Inc., of Grantsville, at its Dec. 5 meeting. The City will retain the farm’s certificated water right of 4,181 acre-feet (1.36 billion gallons) per year.

The City bought the farm for $810,000 in 1990 for future water development, according to resolution 2018-67, which approved and ratified the sale to Six Mile Ranch. 

The lawsuit was originally filed in 3rd District Court in May 2013 and stemmed from conflicting interpretations of a 1998 lease agreement between the city and Aposhian. 

The lease spells out terms between the city and Aposhian, with the sod farm company paying $30,000 per year to use the sod farm’s acreage and wells to grow and sell commercial sod. 

The disagreement centered around the lease’s term, its termination clause, and how much sod crop buy-out the city owed at the lease’s termination.

Stansbury Park man charged with sexual exploitation

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A Stansbury Park man has been charged in 3rd District Court after he allegedly collected videos from a concealed device in a bathroom. 

Jessie D. Ochoa, 23, is charged with two counts of second-degree felony sexual exploitation of a minor and five counts of misdemeanor voyeurism by electronic equipment. 

A Tooele County Sheriff’s Deputy was dispatched on a report of a suspicious recording camera found in the reporting party’s home in July 17, 2018, according to a probable cause statement. The suspicious device looked like a cell phone charger but had a hidden camera. 

The reporting party told police they had viewed the contents of the recording device and found six videos taken by the recording device while it was plugged into an outlet in one of the residence’s bathrooms, the statement said. All six videos contained recordings of people using the bathroom, including three of residents and three of visitors. 

A warrant was obtained for Ochoa’s laptop computer and other devices, the probable cause statement said. An additional 16 recordings, taken on the hidden camera, were found of residents and visitors using the toilet and shower. 

A majority of the videos — 13 of the 16 total — were of unclothed people either preparing to use the shower or exiting the shower, according to the probable cause statement. Two of the recordings were of a fully nude juvenile using the shower. 

All of the recordings from the hidden camera were made without anyone’s knowledge or consent, the statement said. 

Ochoa was originally scheduled to appear in 3rd District Court on Monday, but it was rescheduled to May 6 at 10:30 a.m. before Judge Matthew Bates, as Ochoa is being held in the Salt Lake County Jail in a separate case.

 

3 women arrested in connection with burglary, theft

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A trio of Tooele women were arrested and charged in 3rd District Court after they allegedly robbed a Grantsville residence earlier this month.

Mary Elizabeth Done, 37; Valerie Ann Martinez, 30; and Joann Eloni Martinez, 29, are each charged with second-degree felony burglary and misdemeanor theft. 

Grantsville City police responded to a Grantsville residence on reports of a robbery in progress in the early morning hours of April 7, according to a probable cause statement. The responding officers spoke with the victim, who said Valerie Martinez and two women she didn’t know came into her home uninvited while she was asleep. 

The victim said Valerie Martinez distracted her by speaking with her, the statement said. One of the other suspects told Valerie Martinez they needed to leave and the victim began to follow them out, when she noticed multiple items were missing from the home. 

The stolen items included an Xbox One, Playstation 4, television, printer, headsets, hair products and a camera, according to the probable cause statement. When the victim ran outside, she saw the three women driving away in what appeared to be a black Chevy Impala. 

The suspects’ vehicle was not located at the scene, so the responding officer requested dispatch broadcast an attempt to locate the vehicle and the three women, though two — Done and Joann Martinez — remained unidentified, the statement said. Tooele City police notified dispatch they had recently dealt with Valerie Martinez at a fight in progress within their jurisdiction. 

A vehicle connected to the fight in progress matched the description of the vehicle leaving the victim’s residence, according to the probable cause statement. Based on the information received from Tooele City about the fight, Grantsville City police were able to determine the other women were Done and Joann Martinez. 

Grantsville City police attempted to contact Joann and Valerie Martinez by phone, but they did not respond, the statement said. Joann Martinez returned the phone call later and told police she had been at home since getting off work. 

When police asked about the fight, which Tooele City police said she was present for, Joann Martinez said she had picked up Done and Valerie Martinez after the fight and dropped them off at their homes. Joann Martinez denied going to Grantsville or having any knowledge of the burglary, the statement said. 

After ending the phone call with Joann Martinez, Tooele City police notified dispatch they had found the suspects’ vehicle, according to the probable cause statement. When the responding officer arrived, all three of the suspects were at the scene. 

The three women were interviewed separately and all denied driving to Grantsville or involvement with the burglary, the statement said. While speaking with the women, the officer noticed what appeared to be a Playstation 4 and an Xbox sitting in the back seat of the car. 

All three were arrested and transported to the Tooele County Detention Center. The vehicle was state tax impounded and transported to the Grantsville City Police Department where it was secured in the sally port while a search warrant was applied for. 

Valerie Martinez, Joann Martinez and Done appeared in 3rd District Court on Monday and were appointed counsel. They are scheduled to return to court for a scheduling conference on May 21 at 1:30 p.m. before Judge Matthew Bates.

 

Tooele pair pleads guilty to animal torture

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A pair of Tooele residents pleaded guilty to amended charges in 3rd District Court on Tuesday, in connection with two malnourished dogs found on the shoulder of Smelter Road in January. 

PJ Hepner, 34, and KC Lynn Olson, 28, pleaded guilty to an amended count of misdemeanor torture of a companion animal. Charges of third-degree felony torture of a companion animal and misdemeanor littering were dismissed without prejudice. 

Hepner and Olson were both sentenced Tuesday to probation for 12 months and a $400 fine, paid in monthly installments. If Hepner and Olson pay the fine and complete probation without incident, the charges will be dismissed.

Tooele County Sheriff’s deputy was dispatched on a report of an animal carcass on Jan. 20, according to a probable cause statement. When the deputy contacted the reporting party, she said she found two deceased dogs on the shoulder of Smelter Road. 

The deputy located the two dogs, a Great Dane and brindle pit bull, which both appeared to be severely malnourished, the statement said. The ribs of both dogs were clearly visible and other areas of the dogs appeared to be abnormally thin. 

The deputy did not believe the dogs had been beside the road long as there was no smell of decay, the probable cause statement said. The incident appeared on Facebook and the sheriff’s office received numerous phone calls. 

After Olson was identified as the possible owner, the responding deputy contacted her on the phone, the statement said. Olson told the deputy the dogs were accidentally let out of her garage in November and she hadn’t seen them since. 

A neighbor spoke with deputies on Jan. 23 and said Olson had previously not fed a dog and it was left in a kennel for an extended period of time, according to the statement. The neighbor said she had seen the Great Dane about two weeks prior, and she had seen the pit bull tied to a tree in the yard about a month prior. 

Investigators spoke with Hepner, who said he lived with Olson for the previous six months and admitted the dogs lived at the residence, the statement said. He claimed they had escaped in November and hadn’t been seen since.

 

UDOT’s top projects in 2019 include I-80 bridge replacements

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A year after the same project appeared on the Utah Department of Transportation’s list, the replacement of the flyover bridge to state Route 36 and railroad overpass bridges on Interstate 80 near Black Rock were one of the department’s Top 10 projects in 2019. 

Every year, UDOT releases a list of 10 high-profile and impactful projects around the state. Last April, the bridge replacements were fourth on the list; in 2019, the bridge project appeared seventh. 

UDOT has a total of 169 construction projects slated for 2019 around the state, with a combined value of $2.1 billion, according to a department news release Wednesday. 

“Each year the department works to meet current and future growth by adding lanes and building new highways, trails, and bridges, while at the same time focusing on an aggressive maintenance program to keep the transportation system in good condition,” the release said. 

The release acknowledged the bridge replacement project began last year and will continue into 2020. It also mentions the project cost at $37 million; UDOT reported the project will likely cost an estimated $45.7 million to complete. 

The concrete deck on the I-80 to SR-36 flyover bridge was poured the evening of April 22, and the project remains on pace to finish this fall. The initial work on the exit 99 overpass began last spring but had been on hold for several months while the earthen support for the ramp settled. 

Due to nationwide organizational changes at Union Pacific Railroad, which owns the tracks under the overpass bridges, agreements required to complete work on and near the railroad facility has been put on hold indefinitely. 

On the railroad overpass railroad bridge project on I-80 near Black Rock, crews will build a temporary bridge south of the eastbound lanes, Samuel said. Once the temporary bridge is constructed, both lanes of eastbound traffic will be moved onto the newly built structure.

At that time, westbound traffic will be moved onto the existing eastbound bridge while crews demolish and rebuild the westbound bridge, according to Samuel. 

Once the westbound bridge is complete, it will be wide enough to take two lanes in each direction, Samuel said. Both directions of traffic will be moved to the new westbound bridge while the eastbound bridge is removed and replaced, and the temporary bridge will be removed. 

When the eastbound bridge is complete, both lanes of traffic will go back to their normal bridges.

Other projects in UDOT’s top 10 include the construction of a connection between the Mountain View Corridor and state Route 201, which began last month and is expected to continue into May. Also slated for 2019 are projects to widen Interstate 15 by adding express lanes between Hill Field Road and Riverdale Road in Davis and Weber counties, and adding lanes between state Route 92 and Main Street in Lehi. 

A bridge maintenance project also made the list, with bridge joint replacement at several locations between State Street and 1300 East in Salt Lake County.

 

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