High School currently under construction. He stated that Jordan School District inspectors are
some of the finest and most qualified inspectors they have dealt with. Having inspectors on-site
makes the construction go smoother.
Mr. Gary Payne, Administrator of Facilities Management and Planning, Davis School
District, noted the law passed in 1993 requiring schools to have certified inspectors for schools
has improved inspections across the state. Code requirements are the same no matter what is
being built. School districts do not require a more stringent code, however, they do require more
stringent construction. The review process requires peer review on projects over $300,000. All
school districts have the same goal which is to produce a safe, well-constructed school for
children to attend. Riverton Elementary's situation does not concern inspections.
Perspectives of Cities - Mr. Dave Spatafore, Utah League of Cities and Towns, said
school districts and municipalities serve the same constituency and should have the same goal in
mind. He pointed out that local governments are responsible for inspections of buildings and
facilities. In order to resolve the issue the Legislature could make a major policy declaration as
to how it wants school buildings to be inspected and who should inspect them.
Mr. Ron Ivie, Park City Building Inspector, told the committee of serious problems
encountered with a middle school in Park City. It is very important to have a third party review.
He suggested that it is important to work through these issues as a team process.
Ms. Jodi Hoffman, Attorney for Park City, indicated that in the past Park City has
refrained from regulating school facilities construction and has waived all kinds of requirements
that could be imposed on the school districts as a cooperative endeavor. The statute does exempt
school districts from a variety of municipal regulations, not all. She stated there currently is no
process in the public school district methodology to incorporate citizens in land use planning and
building designs. Local jurisdictions and school districts should be required to plan together to
create a safe public environment for the children. Municipalities should be able to enforce siting
requirements so that neighbors who own property around the schools have their private property
rights protected.
Perspective of Parents of Riverton Elementary School Students - Mr. Bob Jones stated
Riverton Elementary presents a major indoor air quality problem. He distributed and reviewed a
list of problems experienced at Riverton Elementary. In January, 1996, Sewer District #1
discovered a 1/3 pipe sag in the restroom lateral and suggested solutions to the odor problem.
Jordan School District installed a 20 foot exhaust stack against the recommendation of the sewer
district. The sewer gases were being exhausted into the neighborhood at large and was affecting
the general health of the neighbors which has resulted in a lawsuit against the school district.
The grease trap was cleaned but not washed out to remove all septic solids. In February, 1997,
the school was evacuated. Doctors reports showed respiratory symptoms and rashes on exposed
skin and indicated the children were exposed to acute unknown chemicals. He stated there have
been numerous other problems associated with the school that have not been adequately
addressed by the school district.
Mrs. Elaine Jones pointed out that even though the design meets the minimum acceptable
standard of the code, if there is a problem, it must be addressed. She indicated that
recommendations of other agencies have been set aside by the Jordan School District. Problems
have been ongoing on since Riverton Elementary opened. The fact that school districts are
inspecting themselves is a concern. With an inspector on the payroll and absent a system of
checks and balances, there is room for abuse of power and conflict of interest.
Ms. Karla Martin, Riverton Elementary parent, stated they are losing 16 staff members at
Riverton Elementary. These are dedicated professionals who have had their honor, integrity, and
professionalism questioned. Due to the events of the past few months, they have been told by a
school board member that 75 transfer requests have been submitted by concerned parents and
many other parents have seriously considered transferring their children to other area schools.
Rep. Dave Hogue added that many issues have been raised because of the problems at
Riverton Elementary which are not unique to Jordan School District. He stressed that the
Legislature must decide what is best for the children.
Rep. Dillree suggested the committee develop the issues that are critical and obtain
suggestions from the community. She said she would like the committee to develop specific
recommendations to bring together more cooperation between all parties.
MOTION: Sen. Blackham moved to propose the creation of an ad hoc committee to address the problem. The motion passed with Rep. Chard voting in opposition. Reps. Ure,
Arrington, and Gladwell were absent during the vote.
MOTION: Rep. Bowman moved to approve the minutes of May 20, 1998. The motion passed unanimously. Reps. Ure, Arrington, Curtis, and Gladwell were absent during the vote.
MOTION: Rep. Chard moved not to give further consideration to the delaying the inauguration of certain elected officials in 2002. The motion passed with Sen. Evans voting in
opposition. Reps. Ure, Arrington, Curtis, and Gladwell were absent during the vote.
4. Form of Government for a City Changing Classes - Mr. Rees distributed a comparison of statutory provisions among classes and the population and governing body requirements of
each class. He explained that the Governor's Office of Planning and Budget periodically updates
census estimates. If a city's population increases enough to change classification, the governor
issues a proclamation declaring the city to be the next class of city.
Mr. Steve Garside, Deputy City Attorney, Layton City, noted the way the statute
currently reads, it is mandatory when a city changes classification to go to the default form of
government. He said they want the default provision to maintain the existing form of
government through the class transition which would require a statutory change.
Ms. Janice Auger, Mayor of Taylorsville, pointed out that they are a very new city. They
recently had an election to choose an optional form of government. Now that they are
approaching second class status, it seems counterproductive to start over again.
Mr. Rees explained the code currently allows a city to change its form of government by
two methods. One is by the city council or commission passing a resolution to put it to the
voters. The other way is by initiative petition also to put it to the voters. The committee needs to
decide if it wants to change the statute to allow the city to maintain its current form of
government through the classification transition or have the city council or commission take
some affirmative action to maintain that status.
MOTION: Sen. Blackham moved that staff prepare draft legislation for consideration at the next meeting. The legislation would allow a city, when changing classification, to maintain
its current form of government unless the city goes through the process under the code to change
the form of government. The motion passed unanimously.
MOTION: Rep. Swallow moved to adjourn. The motion passed unanimously. Chair Evans adjourned the meeting at 4:45 p.m.