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Tooele man charged with theft

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A Tooele man facing multiple criminal charges after he allegedly stole a vehicle and financial documents made his initial appearance in 3rd District Court on Monday. 

Timothy James Philli Lugo, 32, is charged with second-degree felony theft by receiving stolen property, third-degree felony unlawful acquisition, possession or transfer of a financial card, third-degree felony possession of a forgery device and misdemeanor use or possession of drug paraphernalia. 

Tooele City police were dispatched to the Deseret Industries in Tooele City on a report of a stolen vehicle on April 24, according to the probable cause statement. The responding officer recognized Lugo, who was seen walking away from the stolen vehicle. 

When the vehicle was searched, two glass pipes, an ATM card with the name of a different man and a bank check for $150 with the same name were discovered inside, the statement said. The responding officer called the bank for the check and was informed the account number on the check did not exist. 

During his initial appearance in 3rd District Court on Monday, Lugo’s bail was set at $5,000 and he was appointed counsel. He is scheduled to return to 3rd District Court on June 11 at 9 a.m. for a scheduling conference before Judge Matthew Bates.

 


Pine Canyon man pleads guilty to theft and criminal mischief

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A Pine Canyon man pleaded guilty to a pair of felony charges connected to the alleged stealing of construction tools from a truck and trailer in February in 3rd District Court on Tuesday.  

Russell S. Hopper, 42, pleaded guilty to third-degree felony theft and third-degree felony criminal mischief. Charges of third-degree felony burglary and misdemeanor burglary of a vehicle were dismissed without prejudice as part of the plea deal with the state. 

Dustin Bruce Clegg, 29, of Tooele, is also charged in the case, and faces the same original charges as Hopper did, as well as third-degree felony tampering with a witness. 

A theft from a trailer and vehicle burglary were reported to Tooele City police on Feb. 6, according to a probable cause statement. About $5,000 worth of construction tools were stolen from a locked trailer, as well as fuel from a parked vehicle. 

Video surveillance showed a white Dodge truck pull onto the property where the victim’s storage trailer and work truck were parked, the statement said. The video also showed two individuals at the property at the time of the theft. 

The following day, Hopper was identified as the owner of the suspected truck, the probable cause statement said. During an interview with police, Hopper admitted to driving Clegg to the address where the theft occurred and stealing the gas from the truck. 

Hopper also told police Clegg broke into the trailer and stole the tools, the statement said. Hopper said Clegg had the tools at his residence in Tooele. 

When Clegg was interviewed by police, he admitted to storing tools for Hopper but denied any involvement in the burglary, the statement said. During the contact with Clegg, the officer observed several of the stolen tools inside the residence from the front door. 

Tooele City police returned with a search warrant and all of the tools reported stolen were recovered from Clegg’s residence, according to the probable cause statement. The large tools were found in the front room and kitchen area, while smaller tools were found in Clegg’s bedroom. 

On Feb. 12, Clegg called the victim of the theft and asked him to drop the charges against him, the statement said. 

Clegg is scheduled to return to 3rd District Court for scheduling conference on June 25 at 1:30 p.m. before Judge Matthew Bates.

 

Tooele City Council approves $1M for road, water projects

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A pair of bids totaling more than $1 million to improve the city’s roadways and culinary water system were approved by the Tooele City Council at its meeting Wednesday night. 

The City Council unanimously approved a contract with Triex Construction Corporation of Bluffdale for $569,097 to complete the city’s annual culinary improvement projects. Triex Construction had the low bid of the eight submitted, which was $225,878 less than the next bid. 

Due to the disparity between the Triex Construction bid and the next lowest bid, city representatives met with the company’s owners, who assured them they would complete the project at the cost bid, Tooele City engineer Paul Hansen said. Per typical city policy, a 5% contingency was included in the City Council’s resolution, which requires the review and authorization of the mayor to be spent. 

The waterline to be replaced include Uintah Avenue, from Noble Road to 880 East; Bonneville Way, from Antelope Avenue to Plateau Road; and Coleman Street from 400 North to McKeller Street. Waterline will also be replaced under 500 North from 7th Street to Smelter Road, and Antelope Avenue to Plateau Road. 

The City Council also unanimously approved a contract with Kilgore Contracting of West Valley City for $448,310 for the city’s annual roadway improvement project. Five contractors bid on the project, with Kilgore Contracting’s being the least by $75,000. 

The roadway improvement projects include rebuilds of 1400 East south of Skyline Drive and 980 North east of Whitaker Drive, according to Hansen. Also included are overlay on 100 East, from 400 North to Vine Street; 6th Street from Birch Street to Utah Avenue; and 880 South, from 690 West to 730 West. 

The bids for both projects were opened last Thursday and reviewed by city staff before being presented to the council.

 

Tooele City Council approves rezone of former Harris Elementary School

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Following comments from residents and the proposed purchaser of the property, the Tooele City Council unanimously approved the rezone of the Harris Elementary School to pave the way for a drug rehabilitation center during its meeting Wednesday night. 

The application from Skull Valley Health Care requested a rezone of the 9.42-acre property from R1-7 residential to MR-8 multi-family residential to repurpose it for a drug rehab center. The staff report for the proposed rezone noted the school building would not be torn down, but remain and be utilized. 

Tyson Dixon, the CEO of Renaissance Ranch Treatment Centers, said the facility, which would be purchased and run in cooperation with the Skull Valley Band of Goshutes, would serve both the Native American population and general population. It would also accept Medicaid and be funded by a federal grant. 

“In my experience, most everyone has a friend or family member who … struggles with addiction or who has lost their lives or who has lost themselves,” Dixon said. “And it’s largely due to grave misunderstanding, social stigma and particularly in this region, lack of resources to effectively help someone through the recovery and through the treatment process.”

At the Tooele City Planning Commission meeting on May 22, Dixon said the school building would undergo a full-scale remodel, including a resurface and repainting of the exterior. About five of the classrooms would be retained as group educational areas, while the majority would be converted into bedrooms at the facility, he said. 

The school’s boiler would be removed and replaced with a new HVAC system and bathrooms would be added to meet the need of the facility, which could house up to 120 patients, separated by gender, according to Dixon. Security would be at the facility 24 hours per day, he said. 

Detox and other acute medical situations would be handled at different facilities, Dixon said. The school site would be for long-term patient stays for those looking to recover from addiction. 

The planning commission forwarded a negative recommendation for the rezone on a split, 4-3 vote during the May 22 meeting. 

City Councilman Scott Wardle asked about the nature of those treated at the facility, whether it would be a voluntary program or if they would be court-mandated to attend. 

“I think the concern is, from the public … that it doesn’t become a revolving door for those that may be in court mandated treatment and going down the street and using, then coming back,” Wardle said. 

Dixon said patients for the treatment program are evaluated for their desire to participate willingly in the program, whether it’s voluntary or they have a court-mandated requirement. He said those in the former elementary school would receive residential and transitional care at the facility over the span of three to nine months. 

Several residents spoke about concerns with the facility, while others expressed support for a rehabilitation center, with some recovering addicts themselves. 

Resident Jamie Lawless said she is concerned about people leaving the facility and coming to her nearby home. She said she has seen two men shoot up drugs right outside her home before. 

“I’m in definite opposition of this happening to my neighborhood,” Lawless said. “For them to bring their community to my community, where I’ve lived for 30 years.” 

Resident Andy Stetz said he’s worked with drug addicts and alcoholics for the past 34 years after completing a recovery program himself. He said he saw the drug rehabilitation program as an opportunity for Tooele, especially those who can’t afford expensive treatment options.  

“Every family has experienced, somewhere in there, somebody in trouble,” Stetz said. “Where do you take them to? … All of a sudden here, there’s hope. That’s what I see here.”  

The concerns included the effect on property value, possible increase in criminal complaints associated with the facility, and people voluntarily leaving the rehab program, then using drugs in the neighborhood. 

Council Chairman Steve Pruden said finding a tenant for the empty school building alleviated a possible concern. 

“We have a concern about a building that has now been, for over a year, vacant and what can happen in vacant buildings,” Pruden said. 

The City Council voted unanimously to approve the rezone on a motion from Wardle, seconded by City Councilman Brad Pratt. 

Following the vote, Pratt offered an explanation for his affirmative vote, identifying the same concern as Pruden about criminal activity in empty buildings and the need for drug rehabilitation resources in the community.

“I believe there’s residents in that neighborhood that I live in that need this type of service in our community,” Pratt said. “They do. But I believe those exist in all the neighborhoods in our community to a certain extent.”

 

Coleman home damaged by Monday morning fire

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A home on South Coleman Street is likely a total loss after a fire early Monday morning, according to Tooele City Fire Chief Rick Harrison.

The structure fire was reported at 2:30 a.m. in a two-story single-family home, Harrison said. When firefighters arrived on scene near the intersections of 400 South and Coleman Street, the upstairs was fully engulfed in flames. 

The flames were extinguished within 10 minutes of fire crews arriving on scene, according to Harrison. There were two pumper trucks, one ladder truck and 23 firefighters involved in the response. 

The three inhabitants of the home, as well as one cat and two birds, were removed from the home, but a male resident was transported to Mountain West Medical Center with smoke inhalation, Harrison said. No one else, including firefighters, suffered any injuries as a result of the fire. 

The cause of the fire is still under investigation, though the point of origin was determined to be in an upstairs bedroom, according to Harrison. 

Due to the fire and water damage, the house is likely a total loss, Harrison said. The American Red Cross and a disaster cleanup service arrived to assist the home’s inhabitants following the fire.

 

Tooele approves preliminary plan for 249 single-family homes

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The Tooele City Council unanimously approved the preliminary plan for an additional 249 single-family homes in the Copper Canyon development during its meeting last Wednesday. 

The homes are part of phases 7 through 14 of the development, which is located at approximately 350 W. Tooele Boulevard, on 60.26 acres in the R1-7 planned unit development residential zoning district. Lots within the development range from 6,000 square feet to 13,000 square feet. 

The remaining phases will complete the Copper Canyon PUD, building southwest from the existing homes toward the boundary of the property along the Union Pacific railroad line and 700 West. 

While all of the preliminary plans for the remaining phases were brought before the City Council at once, the developer will need to return phase-by-phase to receive final plat approval. The developer, Bach Land & Development, LLC, is based out of Draper. 

Phase 14 of the subdivision will include a 2.54-acre park, which will be constructed and landscaped by the developer, then dedicated to Tooele City for maintenance. 

Each of the eight phases will average about 31 homes, with generally more homes in the earlier phases. Tooele Boulevard will be extended through the development, constructed with each phase, to the southwest. A 6-foot, precast concrete fence will be constructed along Tooele Boulevard adjacent to the Union Pacific Railroad right-of-way.  

The additional phases are surrounded by R1-7 PUD, high-density residential and medium-density residential zoning. 

The preliminary plan was approved unanimously by the Tooele City Planning Commission at its May 22 meeting. 

City Councilman Dave McCall made a motion to approve the preliminary plan, which was seconded by City Councilman Brad Pratt.

 

Tooele City reviews possible purchase policy update

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For the first time since 1993, the Tooele City Council is looking to update its purchasing policy and procedures for employees. 

During its work meeting last Wednesday, the City Council reviewed proposed changes to its purchasing policy from Tooele City recorder Michelle Pitt, who has been working on the policy update. During the meeting, Pitt outlined some of the changes to the policy, including necessary updates and housekeeping corrections. 

Pitt said the purchasing policy updates were written to reflect current practices by city employees. One change is the current code from 1993 only allows the purchasing agent to make purchases, but in reality many city employees have been empowered to make necessary purchases. 

The current code doesn’t allow officials, department heads or employees of the city to purchase any materials, supplies, equipment, goods, wares, merchandise or services, except through the purchasing agent. 

Under the proposed update, the purchasing agent, who is also the city recorder, will administer the purchasing policy and have the authority to approve purchase orders for all of the city’s departments. Department heads, the mayor, and other approved individuals are given more authority to make purchases, under the purview of the purchasing agent. 

The purchasing policy would also be adjusted to meet current practice on purchases up to certain amounts. The ‘93 policy requires City Council approval on purchases or contracts of $8,000 or more, while the City Council currently approves purchases of $20,000 or more. The policy update would reflect the current $20,000 limit, with purchases from $1,000 to $19,999 requiring the mayor’s approval. 

The proposed policy update would also include a section on credit cards or lines of credit, which are not included in the ‘93 policy. The city possesses a few store-specific credit cards, such as Walmart and Home Depot, and lines of credit at some stores, including Macey’s. 

The update also removes some references to state code sections that no longer exist, according to Pitt. Other changes through technology, such as no longer using carbon copies, are included in the update.  

City Council Chairman Steve Pruden praised Pitt for her work on the proposed policy update. 

“As you can see by what she highlighted, there’s a lot of things that are antiquated,” Pruden said. “Some of it’s housekeeping verbiage that needs to be changed.”

City Councilman Scott Wardle also requested some minor additional changes, including additional verbiage for clarification. The City Council directed staff to move ahead with the creation of an ordinance to approve the policy update with Wardle’s suggested changes. 

The City Council will likely vote to approve the updated purchasing policy during its June 19 meeting.

 

Fridays on Vine welcomes local favorite Exit 99 to city park stage

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A talented group of local musicians will take the stage this Friday at the Aquatic Center Park on Vine Street in Tooele.

Tooele City’s Fridays on Vine concert series continues with the local musicians of Exit 99. Veterans of the Fridays on Vine scene, lead vocalist and rhythm guitarist Chelci Holste said the environment of playing in the park with local supporters makes it stand out to the band. 

“It’s always one of our most favorite performances,” Holste said. 

The band, which is comprised of Tooele County residents, formed in 2011 after lead guitarist David Beacham heard Holste singing and proposed they start a band. Since then, the roster for the group has evolved to its most current iteration, with five musicians and a sound technician.

In addition to Holste and Beacham, Exit 99 features Tom Slowik on bass guitar and vocals, Niki Schiffman on violin, and Daniel Fetzer on drums. Sound technician Casey Kress makes sure the group sounds good during their lives performances, Holste said. 

Exit 99 plays a mixture of classic country from the ‘90s, new country and some classic rock, according to Holste. The band is preparing a set list of cover songs for the Fridays on Vine concert, with their take on a number of songs people will recognize from the radio. 

Exit 99 released its first album in 2015 and Holste said the group is currently focused on practicing for live performances and integrating its newest members, Fetzer and Schiffman. The band plans to work on a new CD in the near future. 

Fridays on Vine begin every Friday at 7 p.m. at the Aquatic Center Park at 200 W. Vine Street. The concerts are free to the public, but seating is limited. Patrons are encouraged to bring a blanket or lawn chair.

 


Planning Commission forwards negative recommendation on Skyline Drive rezone

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A proposed rezone of property south of Skyline Drive to build apartment buildings and townhomes received a unanimous negative recommendation from the Tooele City Planning Commission during its meeting Wednesday night. 

The rezone request for the 14.3-acre property would amend the existing R1-7 residential zone in a sensitive area overlay zone to the MR-25 multi-family residential zoning district. The current zoning allows approximately five dwelling units per acre; the MR-25 zone would allow 25 units per acre. 

The property, which abuts Little Mountain, is in a sensitive area overlay zone, which provides regulatory standards to minimize the impact of flooding, erosion, destruction of natural plant and wildlife habitat, alteration of natural drainage and protect the scenic character of the hillside. According to the city staff report on the rezone, the sensitive area overlay zone places greater restrictions on the property and limits the development potential of the property. 

Jim Bolser, the city’s community development director, said the rezone would require the sensitive area overlay be removed from the property if passed. Bolser also informed the planning commission of the Tooele City Council policy, approved in May, to not accept or approve any high-density residential rezones until it completes a study of the city’s infrastructure and utility. 

The rezone application included a concept plan, with two three-story apartment buildings near the intersection of Skyline Drive and Main Street, and 32 townhomes west of the intersection of Skyline Drive and 200 East. While the property for rezone extended past 200 East, the concept plan did not include any structures east of the intersection. The two apartment buildings would include 90 units and 36 units. 

Derald Anderson, a local developer who owns property in the rezone area, said the higher density was required to build housing closer to Main Street and away from existing homes on Skyline Drive. The townhomes would be built across from the Tooele City Cemetery. 

“We need this zoning to be able to do that shift,” Anderson said. “If we leave it that R1-7, we’re not able to shift all of that down to basically Main Street.”

Resident Malcolm Walden called the proposed rezone to build high-density housing an abysmal idea and said he worried about the impact on quality of view, openness and solitude for Skyline Drive residents. 

“Having a wall of buildings and the hundreds of people that will come along with that, settling there, would just destroy the quality of life of that part of Tooele,” Walden said. “Enough of that has gone on and sometimes you’ve just got to take a stand.”

The sentiment was repeated in comments by resident Lance Holcomb, who evoked New York City’s Central Park in a defense of natural areas. 

“If I had my wish, Tooele would buy that property and it would become an open space and it wouldn’t be an argument again,” Holcomb said. “And it would just be part of one of the small gems of Tooele.”

Residents also expressed concerns about increased traffic, impact on wildlife, construction near the steep slopes of the mountain and snow removal. 

Developer Steven McCleery said the project was intended to mitigate the impact on Skyline Drive residents by keeping the apartment buildings close to Main Street and nearer to commercial property in downtown Tooele. He said the portion of property across from existing Skyline Drive homes would be used as a trailhead to limit the impact on nature. 

“Most of this isn’t even affecting the mountain itself, from the site of what we’re planning to do,” he said. 

 McCleery also suggested the multi-family housing would have less impact on the property than building homes on the entire parcel in the current zoning. 

“The same reason this lands keep coming back to multi-family is because the most risky thing you can do to this mother nature scenario and geology is to actually do single-family residences,” he said. 

Commissioner Matt Robinson made a motion to forward a negative recommendation to the City Council, citing the group’s policy and the need to maintain the sensitive area overlay. The motion was seconded by Commissioner Ray Smart. 

“The City Council has already said they’re going to wait on these things. I see no need for us to push it forward while they are already studying the issue,” Robinson said. “ … I think that the findings that are outlined in the staff report, that sensitive area overlay needs to stay.”

Commissioner Chris Sloan cited the volume of vehicles from the number of proposed units in his vote for the negative recommendation, as he called the intersection with Main Street horrible, due to its low visibility and poor alignment.

 

Tooele man pleads guilty to stolen vehicle, drug possession

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A Tooele man pleaded guilty to a pair of felony charges during an appearance in 3rd District Court on Tuesday. 

Christopher Lynn Fernandez, 34, pleaded guilty to amended counts of third-degree felony receive or transfer of stolen vehicles, and third-degree felony possession or use of a controlled substance. 

Two counts of second-degree felony possession or use of a controlled substance and a misdemeanor count of use or possession of drug paraphernalia were dismissed without prejudice.  

In a second case from Feb. 25, in which Fernandez was charged with first-degree felony possession with intent to distribute a Class C substance and misdemeanor use or possession of drug paraphernalia, the charges were dismissed with prejudice. 

Tooele City police officers were dispatched to the area of 389 N. 1000 West on reports of a suspicious vehicle on April 9, which 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. 

Sentencing in the case is scheduled for July 23 at 9 a.m. in 3rd District Court before Judge Matthew Bates.

 

Tooele man charged with aggravated assault, possession

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A Tooele man is facing nine criminal charges in 3rd District Court in connection to an incident earlier this month at his residence on Vine Street. 

Karl Broadbent, 36, is charged with second-degree felony possession with intent to distribute a Class C substance, second-degree felony possession of a dangerous weapon by a restricted person, third-degree felony aggravated assault, third-degree felony unlawful acquisition, possession or transfer of a financial card, two counts of third-degree felony possession of a forgery writing device, two counts of misdemeanor assault and misdemeanor possession or use of a controlled substance. 

Tooele City police were dispatched to Broadbent’s residence on June 3 in response to a report of a domestic in progress, according to a probable cause statement. The reporting party said the victim was screaming for them to call for help. 

Once on scene, the responding officer spoke with Broadbent in the living room, who said the victim, who lived with him, had tried to take a speaker that was not hers and he grabbed it, causing her to fall, the probable cause statement said. Broadbent said a bunch of people then “jumped” him. 

The victim said three people were helping her move out of the residence and she got into an altercation with Broadbent, during which he grabbed her and threw her down, the statement said. She said she fell onto a speaker and the three people helping her move ran to her aid. 

The victim said Broadbent punched one man and tried to hit another with an ironing board, according to the probable cause statement. The man who was punched had a large bruise and swelling on his left cheek bone, while the other man had a small scrape on his left leg. 

The victim told police she was moving out because Broadbent was dealing heroin from the house and two people had come to the home to “buy” while she attempted to move out, the statement said. She also told police Broadbent had a gun, which she claimed he threatened her with. 

After Broadbent was arrested and placed in a patrol vehicle, assisting officers began to search the residence with the victim’s permission, according to the probable cause statement. Officers found a black, tar-like substance believed to be heroin separated into small baggies, a small black scale, small baggies consistent with drug use and small tool with tar-like residue. 

They also found a pipe, a small metal container with tar-like residue and two needles, the statement said. Police were contacted as the responding officers left to take Broadbent to be booked at the Tooele County Detention Center to say they found a gun matching the description from the victim. 

At the jail, Broadbent’s wallet was searched and two counterfeit $100 bills were found inside, as well as someone’s credit card information and two doses of a drug Broadbent did not have a prescription for. 

Broadbent said he didn’t know who the credit card information belonged to or where he got the money from, according to the probable cause statement.  

During his initial appearance in 3rd District Court on June 10, Broadbent was appointed counsel and ordered no bail. He is scheduled to return to court for a scheduling conference on June 18 at 9 a.m. before Judge Matthew Bates.

 

City Planning Commission OKs CUP for rehab in former school

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After another round of public comment concerning the transformation of the former Harris Elementary School into a drug rehabilitation center, the Tooele City Planning Commission approved a conditional use permit for the property during its meeting Wednesday night. 

The applicant, Skull Valley Health Care, requested the CUP for the 9.42-acre property to allow the former school building to be used as an outpatient and residential treatment facility. The property was rezoned to MR-8 multi-family residential by the Tooele City Council at its June 5 meeting. 

According to the city staff report, the applicant plans to have 120 beds at the facility, split evenly between men and women. The school building will be renovated to create housing, upgrade bathrooms and improve the exterior of the facility. 

During the public hearing prior to the planning commission decision, residents brought forth concerns about the facility, as well as support for treatment options in the community. 

Resident Ken Frailey called the treatment facility a terrible idea and said he’d rather see the school property used for building nicer homes to revitalize the neighborhood. 

“To put this type of facility right smack dab in the middle of a residential area, right in the middle of Tooele, is just outrageous to me,” Frailey said. “I don’t begrudge people finding treatment, but you don’t do this right in the middle of a residential area.” 

Another nearby property owner, Thomas Curtis, said he spoke with his neighbors who had concerns about existing problems with people cutting across the fields at the school and onto their property being exacerbated by the facility. He said he agreed there’s a need for a rehab facility, but there needs to be fencing to control who can get in and out of the property. 

“So I guess my biggest concern would be, is there a way to block off or make sure that it is a safer area for the community as well?” Curtis said. “Safety is king for me and my family.”

Another resident, 16-year-old Jaron Lagasse, made an appeal to allow people to better themselves through the drug rehabilitation facility. 

“I firmly believe the human race is generally for second chances,” Lagasse said. “If we don’t let people have second chances to better themselves, what kind of people are we?”

Residents also asked why a facility no longer in use by the Tooele County School District was being proposed for a treatment facility. 

The school district cited Harris Elementary as aging and inefficient in its decision to close it and build a new elementary school. The needs for the building included an American with Disabilities Act upgrade to the school and playground, restroom and seismic upgrades, and updates to power in the classrooms. 

David Gumucio, who is the real estate agent for the school district and the buyer, said the applicant and partner Tyson Dixon, the CEO of Renaissance Ranch Treatment Centers, are willing to mitigate any concerns with the building and make significant improvements to the property. 

Commissioner Shauna Bevan asked about the fencing concerns by neighbors, with additional concerns about a gap in the fencing brought up by Commission Chairman Tony Graf. Gumucio said his understanding is the entire property was fenced off and he believed the buyer had a contingency plan for repairs to the fencing, if needed. 

Commissioner Tyson Hamilton made a motion to approve the CUP, citing a desire to see the school building preserved and reused, which was seconded by Commissioner Chris Sloan. Sloan suggested an amendment to add a condition for repair to the fence, which was added to Hamilton’s motion. The motion passed by a unanimous vote.

 

Moab man arrested, charged after breaking into home, stealing Pepsi

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A Moab man is facing charges in 3rd District Court after he allegedly broke into a Tooele City home, caused property damage and stole a case of Pepsi in May. 

Brian K. Burgess, 56, is charged with second-degree felony burglary, third-degree felony criminal mischief and misdemeanor theft. 

Tooele City police officers were dispatched on reports of a residential burglary on May 15, according to a probable cause statement. Home surveillance showed a man, later identified as Burgess, pull into the driveway in a stolen truck and head toward the home. Later, the surveillance footage showed Burgess return to the truck with a case of Pepsi. 

When Tooele City officers arrived on scene, they observed the fence gate into the backyard had been forced open, the probable cause statement said. In the backyard, officers found the glass sliding door had been shattered. 

Police spoke with a teenager who had been home during the break-in, who said they heard someone beating on the door, the statement said. They hid in their closet after hearing the glass door break until police arrived. 

During their investigation, police determined Burgess used a stone from the backyard to shatter the glass door, according to the probable cause statement. Officers also found a 65-inch TV had been extensively damaged, as well as the windshield of one vehicle and the side mirror of another vehicle at the property. The damage was estimated between $1,500 and $5,000 in total. 

After stealing the Pepsi, Burgess left the home, according to the probable cause statement. He was later found and arrested in Grand County for possession of a stolen firearm and possession of a stolen vehicle. 

Burgess is being held in the Grand County Jail, but a transport order was entered by Third District Court Judge Matthew Bates, to have Burgess transported to Tooele for an initial appearance on June 24 at 10:30 a.m.

 

Tooele Arts Festival set to open Friday

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Hand-crafted art, crafts and entertainment is on tap as the Tooele Arts Festival returns to Aquatic Center Park this weekend. 

The festival, a Tooele County tradition since 1985, will run Friday, Saturday and Sunday. The free event, which opens daily at 10 a.m., will feature more than 60 visual artists, according to co-director Kaye Beeny. 

There will be myriad media of art on display and for sale, including paintings, ceramics, iron works, sketches, quilting and more, Beeny said. While many will be from Tooele County, there will also be artists from Idaho, Arizona, Nevada, Montana, California and Colorado. 

Attendees of the festival enjoy visiting the county’s local visual artists, according to Beeny. 

“We like to support our local folks,” she said. 

While attendees browse the artists’ wares, there will be entertainment throughout the day at the park. There will be various local performers, including dance and gymnastics groups, and the Tooele Summer Orchestra.

Around 4 p.m. on Friday and Saturday, and all day on Sunday, there will be musical performances by groups from Tooele County and around the state. Featured performers, country-rock band The Krew and pop artist Dallas Wayde will perform at 8:30 p.m. on Friday and Saturday, respectively. 

All of the performers are family-friendly, Beeny said, and the festival as a whole has a lot to offer for younger attendees. There will be a rotating craft station for those looking to get hands-on, as well as the opportunity to create spin art, where paint is drizzled onto rotating vinyl records to create a unique pattern. 

Kids of all ages are welcome to enter the watermelon contests held on Saturday. The youngest group, ages 5-11, will compete at 3:45 p.m., followed by the 12-17 age group at 4 p.m. and the adults at 4:15 p.m. 

For anyone hungry for something beside watermelon, there will be plenty of options for something to eat during the festival. Beeny said there will be about 20 different food vendors at the event, offering a variety of culinary treats. 

In the lead up to the event, the Tooele City Arts Council is sponsoring a plein air art contest, with the winners to be displayed at the Tooele Arts Festival. The drawings, paintings or photographs must be completed in Tooele County and “in the open air,” the English translation of the French “en plein air.” 

Beeny said the contest is a great way for local artists to submit a piece to the arts festival without having to reserve a booth. The contest is broken down into age 12 and under, amateur and experienced categories. 

While the event is outdoors and open to the public, Beeny said only registered service animals are allowed at the art festival. 

For more information on the Tooele Arts Festival this weekend, visit tooeleartsfestival.org, or facebook.com/TooeleArtsFestival.

 

Lightning downs utility poles, starts 5 wildfires

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A violent thunderstorm struck Tooele County on Thursday evening, cause temporary power outages and sparking small fires. 

As the storm rolled across the county, 10 utility poles were struck by lightning, according to Rocky Mountain Power spokesperson Tiffany Erickson. There were eight utility poles that were downed as a result of the storm along state Route 36 between Erda Way and 2400 North, according to Utah Highway Patrol Sgt. Nick Street. 

Due to downed power lines and utility poles, a single lane of southbound SR-36 was closed while the damage was addressed, according to Street. UHP troopers provided traffic control along the affected area. 

A total of 1,302 customers lost power as a result of the damage from the storm, Erickson said. After power was rerouted around the affected area, all but 37 customers had their power quickly restored. 

Rocky Mountain Power crews replaced the damaged utility poles and power lines following the storm. 

Lightning strikes also caused five wildfires in Tooele County by 7 p.m. on Thursday, according to the Utah Fire Info Twitter account, which is a joint effort between state and federal agencies. By 8 p.m., all five of the lightning starts were 100% contained and fully suppressed, through a combination of local, state and federal resources. 

Over the weekend, a flood watch was also issued for Tooele County and Salt Lake County, with special concern for Little Cottonwood Creek. Despite warmer temperatures melting the remaining snowpack and a wet spring, no flooding activity was noted in the county, according to Tooele County Emergency Management Director Bucky Whitehouse. 

“We are very encouraged with how the current drainage channels are handling the water,” Whitehouse said. 

Despite the flood watch, Whitehouse said there wasn’t increased flow as was anticipated by the National Weather Service. Historical data shows the peak of snowpack melt in Tooele County is between May 10 and June 15. 

Throughout the spring, TCEM and other local partner agencies have worked on flood mitigation, such as clearing debris and plants from drainage channels.

 


Firework restrictions still in place around county as sales begin

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Beginning Monday, fireworks will be available for sale throughout the state of Utah. 

Firework sales are legal from June 24 to July 25. When and where the fireworks can be discharged, however, are still subject to a variety of restrictions from local, state and federal entities. 

Fireworks can only be used from 11 a.m. to 11 p.m. through July 5, then again from July 22 to July 25. The hours fireworks can be discharged are extended to midnight on July 4 and July 24. 

In Tooele City, fireworks are permitted in much of the downtown area. The borders for the firework approved area roughly follows 1000 West to the west and Droubay Road to the east.

The southern border of the firework area follows state Route 36, then Skyline Drive. The northern border is 2000 North west of SR-36, and approximately 1530 North until about 520 East, then to approximately 1480 North to Droubay Road. Fireworks are not permitted in Elton Park, however. 

There are three designated areas where fireworks are permitted in Grantsville City, including two parks in housing subdivisions. The main area permitted for fireworks is bordered by West Street to the west, Durfee Street to the south, Clark Street to the north and Matthews Lane to the east. 

Fireworks will also be allowed in the homeowners association parks in the Anderson Ranch and South Willow Estates subdivisions.  

The use of fireworks in the towns of Rush Valley and Stockton are fully restricted this year. Fireworks are only permitted in Vernon in the town’s fire department parking lot. 

There are no restrictions on fireworks in Wendover, aside from on state and federal lands. Throughout the county, fireworks are not allowed on any federal land, including Bureau of Land Management, military and U.S. Forest Service property. 

Most of northern Tooele County, including Stansbury Park and Lake Point, do not have firework restrictions.

An interactive, color-coded map of fireworks restrictions in the county is available at tooelecountysheriff.org/firewarden.htm. 

If anyone using fireworks causes or spreads a fire negligently, recklessly or intentionally, they are liable for the cost of fire suppression and any damages caused, according to state law.

The BLM also has year-round restrictions on exploding targets, tracer and incendiary ammunition, operating off-highway vehicles without spark arresters and sky lanterns or similar devices. 

Wildland fire activity has already occurred around the county this year, including five small fires caused by lightning on June 13 and a human-caused fire near Simpson Springs that burned 58 acres on Tuesday. 

The Simpson Springs fire was reported at 2:47 p.m., according to Tooele County Fire Warden Daniel Walton. A total of 45 fire personnel responded to the fire, using 10 fire engines, a bulldozer, a helicopter, two single-engine air tankers and one air supervision plane. 

The fire was contained at 9:30 p.m., according to Walton. The specific cause of the fire, beyond generally human activity, is under investigation by the BLM.

 

County Commission approves $1.46M in budget adjustments

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The Tooele County Commission made four adjustments to its budget, totaling an increase in spending of $1.46 million, during its meeting Wednesday evening. 

After an error did not budget the funds necessary for the construction of the new Tooele County Children’s Justice Center building, the County Commission voted to include $1.4 million to cover the remaining costs from its fund balance. Chairman Tom Tripp said the expected funds required to complete the project is $1.2 million, but extra contingency money was included. 

“We’re hoping not to spend that entire amount and we’ve given them a hard budget goal to stay within what we’ve apportioned,” Tripp said. 

The County Commission approved a $1.42 million contract with Valley Design and Construction of Layton on June 19, 2018, for construction of the CJC building. The final cost for the project is expected to be approximately $2.1 million, according to Tripp.

The county requested $386,000 in federal Community Development Block Grant funds in 2017 over a two-year period. The grant funding required a match from the county, which was also responsible for the balance of construction beyond the federal funds. 

While Tripp called the CJC funding snafu a difficult situation, he said the center is an important community resource. Tripp, who joined the County Commission in January after the 2019 budget was approved last December, did not assign blame to any particular party for the error. 

“We lost some level of control on the budgeting and design of the building and for whatever reason, not enough money was apportioned to finish this thing,” Tripp said.

As part of the budget adjustments, the County Commission also earmarked $60,000 for the Tooele County Chamber of Commerce and Tourism. Chamber of Commerce executive director Jared Hamner gave a brief presentation on how the funds would be used to benefit local businesses and economic development. 

Hamner spoke about examples of how the money would be used, such as training for small businesses, a new website to provide a portal for licensing, networking and other information, and outreach like local business videos.

“There’s some things that we want to implement to be able to showcase what kind of atmosphere that we have here for businesses to grow and the businesses that are here to be successful,” he said. 

County Commissioner Kendall Thomas said the $60,000 was similar to the amount the county used to provide the Chamber of Commerce prior to its financial difficulties during the Great Recession. 

“I appreciate the good work you’re doing,” Thomas said. “And as commissioners, we know this is an investment in our community.”

A transfer within the county’s Health Department was also included in the amendments, with $300,000 in retained funds allocated to active transportation pathways, such as trails for walking and biking. An additional $150,000 in saved revenues would be moved into the capital improvement fund for future projects. 

Prior to the unanimous favorable vote on the budget adjustments, Commissioner Shawn Milne praised Thomas and Tripp, who were both elected to the County Commission last November, for creating a paper trail for the public to follow on its budget amendments. 

“You guys deserve credit where credit’s due,” Milne said. “This is the way it should have been done all along. It’s 2019 and this kind of transparency is long overdue.”

 

Tooele City Council adopts tentative 2020 budget with current tax rate

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The Tooele City Council approved a $23.2 million tentative general fund budget during its meeting Wednesday night, which will be finalized following a Truth-in-Taxation hearing in August. 

The total tentative budget approved for all funds, such as sewer, water, and solid waste, is $59.8 million, according to Tooele City Finance Director Glenn Caldwell. 

The most significant change from the tentative budget presented by Tooele City Mayor Debbie Winn in May is the exclusion of a judgment levy tax, which would have been used for yearly payments on the remaining $11.2 million from the Tooele Associates lawsuit, settled in 2014. The City Council opted to use money from the city’s fund balance instead of the judgment levy tax to make the $401,772 payment, a move that Winn said she supported. 

The judgment levy would have been an 8% increase on current property taxes. The owner of a home valued at $240,000 would have paid $440 in property taxes, plus $38 in the new judgment levy tax, had it not been removed by the City Council.   

The property tax revenue in the budget is based around a certified tax rate of .003334, the same rate as the current 2018-19 budget. The certified tax rate used on the tentative budget was higher than the .003024 rate calculated by the Utah State Tax Commission. 

The property tax rate for taxing entities are set based on the certified tax rate, which is calculated by the Tooele County auditor using a state-issued formula and certified by the Utah State Tax Commission. The certified tax rate is designed to enable the taxing entity to collect the same amount of dollars from property as the previous year, plus income from new property added to the tax rolls. 

“The intent of it is that each taxing entity will receive the same property tax revenue that was budgeted in its budget last year, so there’s not much room for growth,” Caldwell said. “The only increase that the entity would receive would be new growth, new development.” 

By sticking with the higher tax rate from the 2018-19 budget, instead of the certified tax rate, the city is expected to generate an additional $492,000 in property tax revenue in 2019-20. If the city used the certified tax rate provided by the tax commission, it would only generate an additional $139,000 in revenue. 

If the city chose to use the certified tax rate, it would be a 9% tax rate decrease for city residents. The City Council voted to approve an 82% tax increase last year, in part to fund a new police station that is now under construction on Garden Street behind Tooele City Hall.

During the 5 p.m. work meeting, City Councilman Scott Wardle said he believed the public preferred to increase the city’s property tax revenue by holding the tax rate firm. 

“As we talked through all the budget hearings last year, that was the public sentiment,” Wardle said. “They would rather have it stay at that same rate and grow, versus coming back and hitting them in 20 years.” 

The City Council emphasized the adopted tax rate would be the same as in 2018-19 during both meetings, but the increase from the certified tax rate requires the City Council to complete the Truth-in-Taxation process. As a result, there will be a public hearing on Aug. 7 following public notification required by state law, prior to the City Council approving its final budget for 2019-20. 

No one spoke during a public hearing on the tentative budget or the proposed tax rate during Wednesday’s meeting. Both the tentative budget and the proposed tax rate were approved unanimously by the City Council.

 

Utah National Guard band to play Fridays on Vine

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The 23rd Army Band of the Utah National Guard will take the stage at the Aquatic Center Park in Tooele this week in the latest edition of Fridays on Vine.

The 23rd Army Band Concert Ensemble is scheduled to bring its distinctive and patriotic sound to the community music series the weekend prior to Fourth of July. It’s the second consecutive performance for the band at Fridays on Vine.

A number of smaller groups will make up the band’s performance on Friday, including the concert band, brass band, rock band and brass quintet, according to Sgt. 1st Class Matt Boehme. The music selection will have strong patriotic roots, but differ between bands, such as more popular music by the brass band and classic rock by the rock band.

For nearly a century, “The Governor’s Own” 23rd Army Band has performed at military and civilian performances in Utah, around the country and even around the world, according to information provided by the band. The band credits international performances in Russia, Germany and Morocco. 

The band’s membership is comprised of members of the Utah Army National Guard, under the direction of Chief Warrant Officer Denny Saunders and 1st Sgt. Bryce Bird. Members complete basic training and are designated as Army musicians. 

“We count ourselves as very lucky to do it,” said Boehme. 

The group performs at about 60 performances throughout the year. 

The band practices in West Jordan and performs a variety of songs, from movie music to patriotic songs and a service song medley. 

The concert helps kick off a week of July Fourth festivities in Tooele City, including car shows, a community barbecue, the Miss Tooele City Pageant, various concerts and the parade on Main Street. 

Fridays on Vine begin every Friday at 7 p.m. at the Aquatic Center Park at 200 W. Vine Street. The concerts are free to the public, but seating is limited. Patrons are encouraged to bring a blanket or lawn chair.

 

Sandy woman charged with sodomy, human trafficking

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A Sandy woman is facing three felony charges after she allegedly robbed and abandoned a woman in Tooele County in late May. 

Tiffany Dawn Neeley, 25, is charged with first-degree felony forcible sodomy, second-degree felony robbery and second-degree felony human trafficking. 

Grantsville City police were dispatched on a report of a rape at 1 a.m. on May 30, according to a probable cause statement. The reporting party told dispatch the victim had knocked on their door asking for help. 

The victim indicated she had been raped and left in a remote area off state Route 112, the statement said. During the investigation, the victim told Grantsville City police she was picked up by Neeley and an unknown male, who is not named in the probable cause statement. 

The victim said the three made a few stops in the Salt Lake Valley for food, then headed to Tooele, according to the probable cause statement. When she asked where they were going, the victim said the man turned up the radio and did not answer. 

The child locks were engaged in the vehicle, which prevented her from getting out, the victim said. When they finally stopped in a remote location on SR-112, the defendant told the man to get into the back with the victim and he ordered her to take off her clothes. 

When she refused, the victim said she was hit multiple times and then sexually assaulted, according to the probable cause statement. She said Neeley and the man took her phone and most of her property, before leaving her where they were stranded. 

When Neeley was interviewed later the same day by police, she identified the man as “Demax” and said he had picked up the victim prior to meeting up with her, the statement said. After the food stops, Neeley claimed the victim said she was feeling sick and needed heroin but didn’t have any money. 

Neeley said she gave the victim $25 and told her if she got some marijuana for her, the victim could use the remaining money for heroin, according to the probable cause statement. After driving all around Salt Lake looking to buy drugs, Neeley said the victim told them she could get drugs in Tooele. 

Once in Tooele, Neeley said the victim wasn’t able to purchase drugs and Neeley asked for the money back, the statement said. Neeley said the victim told her she no longer had it and Neeley became angry to have her time wasted and money taken. 

The man told the victim she would be stranded or could give him oral sex, the statement said. Neeley said the victim gave the man oral sex but he stopped her, then Neeley admitted to hitting and pushing the victim out of the car. 

Investigators found the victim’s property, including her phone, dismantled in Neeley’s car, the statement said. Neeley said she told the victim she was keeping the property until she got her money back. 

Neeley is scheduled to return to 3rd District Court on July 23 for a scheduling conference at 1:30 p.m. with Judge Matthew Bates.

 

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