Minutes for 2003-04-29, Direct pdf link.

1. Welcome by Chair Bischoff.
   
   
2. Pledge of Allegiance was conducted by Margarit Nersisian.
   
   
3. Thought of the Day was offered by Commissioner Cain.
   
   
4. Consent Items:
   
   
   1. Purchase Orders in the amount of $71,556.69.
   2. Warrants #175352 - #175605 in the amount of $1,200,265.86.
   3. Minutes of meeting held on April 22, 2003.
   
   
   Commissioner Cain moved to approve the consent items but to hold warrant #1755429 ($600.00) for further review; Commissioner Burton seconded, all voting aye.
   
   
5. Non-Action Items:
   
   
   1. A Proclamation Recognizing April 27 - May 3, 2003 as "National Volunteer Week"
      
      Tari Moore, Weber County Legislative Analyst/Community Relations Manager, indicated that "National Volunteer Week" began in 1974 when U.S. President Richard Nixon signed an executive order establishing the week as an annual celebration of volunteering. Every president thereafter has signed a proclamation promoting this effort. Chair Bischoff read the proclamation which recognized that volunteers are vital to our future as a caring and productive nation and community and urged citizens to join the volunteer effort in the community. Juanita Orozco, Director of the Retired Senior Volunteer Program of the Weber Human Services, accepted the proclamation and thanked the Commission. She expressed thanks to the volunteers because they are the ones making a difference.
      
      
   2. A Proclamation Honoring Sarah Elliott as "Utah's Distinguished Finalist for the 2003 Prudential Spirit of Community Award"
      
      Tari Moore, Weber County Legislative Analyst/Community Relations Manager, introduced Ms. Elliott who was recognized on the national level for her volunteer efforts. Ms. Elliott is a senior at Ogden High School and has participated in countless number of leadership positions. She was chosen by Prudential for her work as Chairperson of the Astro Camp-related project "Reaching for the Stars" which established the Astro Camp Scholarship Fund for deserving students. It was ranked one of the top ten projects at the 2001 Future Business Leaders of American National Leadership Conference and continues as an on-going program through the Ogden School Foundation. Commissioner Cain read the proclamation and told Ms. Elliott that it truly was an honor, that she was a wonderful role model for her peers and the youngsters she had chosen to influence, and the Commission appreciated her service to this community. Ms. Elliott thanked the Commission for this recognition and stated that community service had been a very important part of her life, that it was a way to really improve the community.
      
      
   3. A Proclamation Recognizing April as "National Donate Life Month"
      
      Tari Moore, Weber County Legislative Analyst/Community Relations Manager, stated that April was designated "National Donate Life Month" and was sponsored through the U.S. Department of Health and Human Services. Weber County has become a partner in this cause to increase awareness for the critical need for organ tissue, marrow and blood donations by joining the "Workplace Partnership for Life" campaign. Currently, Weber County has a strong blood drive program during the year for its employees. Commissioner Burton read the proclamation.
   
   
6. Action Items:
   
   
   1. Appointment of 1 member to the Golden Spike Event Center Advisory Board to fill an unexpired term vacated by Lawson Hadlock. This term will expire 3/15/2004
      
      Chair Bischoff presented this item. He said that this Board had received a number of applications for this position, and had listed its three preferences. Chair Bischoff stated he had received a lot of telephone calls from the Board encouraging that Barry Eldredge be appointed. The commissioners stated that Mr. Eldredge was very vested in the community and outlined some of his involvements.
      
      
      Commissioner Cain moved to appoint Barry Eldredge to the Golden Spike Event Center Advisory Board to fill the unexpired term vacated by Lawson Hadlock; Commissioner Burton seconded, all voting aye.
      
      
   2. Appointment of 1 member to the East Huntsville Township Planning Commission to fill an unexpired term vacated by Norman Montgomery. This term will expire 12/31/2004
      
      Due to illness, Norman Montgomery resigned his term in the East Huntsville Township Commission, which was an elected position. When this item came before the County Commission a couple of months ago a question had been raised whether an elected official could serve in two elected offices because one of the applicants for this seat was already an elected official. The County Attorney's Office researched the matter. David Wilson, Deputy County Attorney, stated that there was a provision where a person could not run for two elected offices in the same year but it did not appear that there was a proscription as far as the appointment to this office. Chair Bischoff stated that two names had been submitted for this position by the Planning Commission, which would be an appointment at this time and would come up for election on the regular cycle.
      
      
      Commissioner Burton moved to appoint Dennis Montgomery to the East Huntsville Township Planning Commission to fill the unexpired term vacated by Norman Montgomery, a term that will expire December 31, 2004; Commissioner Cain seconded, all voting aye.
      
      
   3. Contract between Weber County and Masters of the Chainsaw/Jen Watson Ruth, to have Masters of the Chainsaw at the 2003 Weber County Fair - Contract C2003-76
      
      Jan Wilson, Weber County Fair, stated that this individual has done chainsaw artwork at the Fair for the last few years which is then auctioned. The Board feels that this person is an asset to the Fair. The contract is in the amount of $3,800.
      
      
      Commissioner Cain moved to approve Contract C2003-76 between Weber County and Masters of the Chainsaw/Jen Watson Ruth, to have Masters of the Chainsaw at the 2003 Weber County Fair; Commissioner Burton seconded, all voting aye.
      
      
   4. Contract between Weber County and Thurgood Enterprises for two Demolition Derbies at the 2003 Weber County Fair - Contract C2003-77
      
      Jan Wilson, Weber County Fair, briefly presented this item. The contract amount was $8,000.
      
      
      Commissioner Cain moved to approve Contract C2003-77 between Weber County and Thurgood Enterprises for two demolition derbies at the 2003 Weber County Fair; Commissioner Burton seconded, all voting aye.
      
      
   5. Contract between Weber County and Great Basin Antique Machinery to have antique farm machinery at the 2003 Weber County Fair - Contract C2003-78
      
      Jan Wilson, Weber County Fair, gave a brief overview of this item. The contract amount was $800.
      
      
      Commissioner Burton moved to approve Contract C2003-78 between Weber County and Great Basin Antique Machinery to have antique farm machinery at the 2003 Weber County Fair; Commissioner Cain seconded, all voting aye.
      
      
   6. Request for approval of Weber County Tax Relief Credits for 2002
      
      Margarit Nersisian, Clerk/Auditor's Office, referred to the summary before the Commission of the 2002 program. A total of 4,051 applications were approved for tax relief. After the reimbursement from the Tax Commission, the county granted total exemptions in the amount of $995,575. There was an increase in applications of 5% from the year 2001 and a 1% increase in the exemption amount.
      
      
      Commissioner Burton moved to approve the Weber County tax relief credits for 2002; Commissioner Cain seconded, all voting aye.
      
      
   7. Request for approval of 2003 Exempt Properties
      
      Margarit Nersisian, Clerk/Auditor's Office, referred to the summary before the Commission of all the organizations that had been granted exemptions; 140 organizations were granted exemptions.
      
      
      Commissioner Cain moved to approve the 2003 exempt properties; Commissioner Burton seconded, all voting aye.
      
      
   8. Request for approval of Tax Sale Extension Requests
      
      Margarit Nersisian, Clerk/Auditor's Office, presented a list of property owners that requested extensions in order to have their properties removed from the tax sale. She gave an overview of each, recommending that they be approved. The Tax Review Committee voted to recommend approval of the extensions.
      
      
      Commissioner Burton moved to approve the tax sale extension requests; Commissioner Cain seconded, all voting aye.
      
      
   9. Request for removal of properties from the 2003 Tax Sale List for further research. Total of 51 properties, 31 being carried over from 2002
      
      Margarit Nersisian, Clerk/Auditor's Office, requested that the properties be removed from the tax sale list for further research.
      
      
      Commissioner Cain moved to remove the properties from the 2003 tax sale list for further research; Commissioner Burton seconded, all voting aye.
      
      
   10. Retirement Agreement by/between Julie Brunker & Weber County - Contract C2003-79
       
       Doug Crofts, County Recorder, stated that the County Attorney's Office had reviewed this agreement. Mr. Crofts and the commissioners stated that Ms. Brunker had been an asset to the county for many years and would be dearly missed.
       
       
       Commissioner Burton moved to approve Contract 2003-79, Retirement Agreement by and between Julie Brunker and Weber County; Commissioner Cain seconded, all voting aye.
       
       
   11. Retirement Incentive Agreement by and between Earl Cherry and Weber County - Contract C2003-80
       
       Weber County Sheriff Brad Slater stated that Mr. Cherry had been a detective with the county for about 7-8 years and a deputy prior to that and had done a remarkable job. The Sheriff's Office had just received notice that Mr. Cherry would be nationally recognized for his work as a child abuse advocate at a national dinner with congressional representatives and the United States president. This position will be filled with a deputy in the 4th quarter of this year or the 1st quarter of next year.
       
       
       Commissioner Cain moved to approve Contract 2003-80, Retirement Incentive Agreement by and between Earl Cherry and Weber County; Commissioner Burton seconded, all voting aye.
       
       
   12. Employment Severance Agreement by and between Steven W. Kolata and Weber County - Contract C2003-81
       
       Weber County Sheriff Brad Slater stated that this correctional division position was a critical one to the Sheriff's Office and would be filled as soon as the savings of this volunteer severance agreement was recouped.
       
       
       Commissioner Burton moved to approve Contract 2003-81, Employment Severance Agreement by and between Steven W. Kolata and Weber County; Commissioner Cain seconded, all voting aye.
       
       
   13. Memorandum of Understanding by/among Forest Service Wasatch-Cache National Forest, BLM Salt Lake Field Office, State Division of Parks & Recreation, Division of Wildlife Resources, School & Institutional Trust Lands Administration, Rich County, Cache County, Box Elder County & Weber County Providing for Joint Cooperation in Development, Operation & Maintenance of Shoshone OHV Trail System
       
       This item was tabled.
       
       
   14. An Ordinance of Weber County Granting Certain Responsibilities to the Weber County Library Board of Directors and Establishing Certain Policies and Procedures for the Exercise Thereof - Ordinance 2003-7
       
       David Wilson, Deputy County Attorney, recognized Lynnda Wangsgard, Weber County Library System Director, who was present. He referred to the State legislation noting that the purpose of both the legislation and this ordinance was to clarify the line of authority for the Library Board and ensuring that the Board has insurance coverage. Mr. Wilson said that prior to this year the legislation regarding County libraries sent mixed messages on whether County Libraries were separate entities from the County or whether they were county departments. Because the Legislation gave the County Libraries some independent policy making authority, the county's insurer, Utah Association of Counties Insurance Mutual (Insurance Mutual), would not provide insurance for the Library Board. The Utah Association of Counties gave the Recodification Committee direction to craft legislation similar to what was done last year in relation to Health Departments, i.e., to clarify that unless otherwise provided through Interlocal Agreement, Health Departments and Counties would be departments or divisions of county government. The Legislation was enacted this year with input from the libraries, the State Library Association, etc. In order to comply with the legislative mandate, the County Attorney's Office had prepared this ordinance effecting the intent of the Legislation.
       
       Mr. Wilson outlined the ordinance stating that many items remained the same. The Library Board will still be governed by a board of directors but they will receive that authority via the County Commission, and this satisfies the insurance needs and requirements with Insurance Mutual. The Board will consist of 7 directors, 6 of which are to be appointed by the County Commission, and 1 member will be a County Commissioner. The Board will be subject to compliance with Federal and State laws and county ordinances and policies and was given the responsibility for a) expenditure of Library funds; b) establishing policies for the operation and maintenance of the Library; c) the purchase, lease and sale of lands and buildings; and d) establishing policies for enforcement of Library rules. Mr. Wilson referred to Section 5.2 of the ordinance dealing with the selection, acquisition, cataloging of library collections and information resources. This item was not made subject to county policy but only to State and Federal law in an effort to alleviate some of the concerns of the State Library Association and the County Library Board.
       
       
       Commissioner Cain moved to adopt Ordinance 2003-7, an ordinance of Weber County granting certain responsibilities to the Weber County Library Board of Directors and establishing certain policies and procedures for the exercise thereof; Commissioner Burton seconded.
       
       Roll Call Vote
       Commissioner Cain. . .aye
       Commissioner Burton. . .aye
       Chair Bischoff. . .aye
       
       
   15. Amended Indigent Dead Cremation Services Agreement by/between Lindquist Mortuaries, Inc. and Weber County - Contract C2003-82
       
       David Wilson, Deputy County Attorney, stated that there had been minor stylistic changes to the contract that had been approved April 15. The substantive change was that Lindquist asked for mutual releases and indemnification provisions and Mr. Wilson had no objections to this.
       
       
       Commissioner Burton moved to approve Contract C2003-82, Indigent Dead Cremation Services Agreement by and between Lindquist Mortuaries, Inc. and Weber County; Commissioner Cain seconded, all voting aye.
       
       
   16. Amendments to the Weber County Internal Audit Policy - Policy 8.1
       
       David Wilson, Deputy County Attorney, stated that when this policy had been approved many years ago, it had been designed somewhat differently from many internal audit programs in governmental and private entities. This Audit Policy was intended to be "departmental friendly," meaning that a department could request an efficiency, or performance audit to aid the department in its management responsibilities. The Program had worked fairly well when a County employed a full time internal auditor, but the position had been left open until recently. Mr. Wilson said that the changes before the Commission today were generally made to ensure that the Internal Audit Policy complied with the Audit Committee Policy in its governance. The Commission will now play a more direct role and may use this policy as a management tool. As noted before, these amendments are to comply with recent changes made to the Audit Committee Policy (i.e., a change to have a commissioner chair that committee). Mr. Wilson said that the changes had been reviewed by the entire Audit Committee.
       
       
       Commissioner Burton moved to approve the amendments to the Weber County Internal Audit Policy No. 8.1; Commissioner Cain seconded, all voting aye.
       
       
   17. Utah Association of Counties Insurance Mutual's Risk Management Credit Program Award for 2002
       
       David Wilson, Deputy County Attorney, stated that at the Utah Association Insurance Mutual meeting a week ago Weber County was presented with a check for $12,720 in recognition of the county's efforts to participate in the Insurance Mutual's risk management program. Mr. Wilson thanked the Commission, the Risk Management Committee and all the county departments for their support. The county has increased its percentage of award each year and receives 94% of the possible award. Mr. Wilson explained the prerequisites for participation in the credit program and for receiving rebates.
       
       
   18. Agreement by and between Utah Power & Light Company and Weber County for installation of a power line to serve the Weber County Compost Facility - Contract C2003-83
       
       Gary Laird, Operations Department Director, stated that the county had operated a compost facility for about six years at the Central Weber Sewer plant. The compost facility area has had no electrical power because the county wished to see if the program was going to be successful. He said that currently everything was run off a generator, which was not economical. Since the program has been successful, Mr. Laird looked into connecting off of the sewer plant, but this would be more expensive than signing a contract with Utah Power & Light. This contract involves Utah Power running an overhead line and eight poles from Pioneer Road to the compost facility. Two options were offered to the county by Utah Power, one of which was a Refund Option (costing $10,208.80) where the county could receive refunds if other customers signed on but at this is unlikely at this location. The Commission accepted the Contract Administration Credit Option where the county will pay the reduced amount of $9,958.80 with a $250 credit and waiving the right for reimbursements.
       
       
       Commissioner Burton moved to approve Contract C2003-83, agreement by and between Utah Power & Light Company and Weber County for installation of a power line to serve the Weber County Compost Facility; Commissioner Cain seconded, all voting aye.
       
       
   19. Acceptance of Deed Transferring Ownership of Fort Buenaventura from the State of Utah to Weber County Corporation
       
       Gary Laird, Operations Department Director, stated that the county had signed an agreement with the State approximately one year ago for the transfer of ownership of Fort Buenaventura. The deed was forthcoming once the State cleared some issues; that process has been completed. The sales agreement required the State to pay the county $35,000 this year (which has been received), $25,000 next year and $15,00 the following year.
       
       
       Commissioner Burton moved to accept the deed transferring ownership of Fort Buenaventura from the State of Utah to Weber County Corporation; Commissioner Cain seconded, all voting aye.
   
   
7. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 6, 2003 at 10 a.m.
   
   
8. Public Comments
   There were none.
   
   
9. Closed Executive Session
   
   Commissioner Burton moved to adjourn the public meeting and convene a closed executive session to discuss strategy relating to the purchase or sale of real estate and/or strategy relating to imminent and ongoing litigation; Commissioner Cain seconded.
   
   
   Roll Call Vote
   Commissioner Cain. . .aye
   Commissioner Burton. . .aye
   Chair Bischoff. . . aye
   
   There was no action taken on the closed executive session.
   
   
10. Adjourn
    Commissioner Burton moved to adjourn the meeting at 11:40 a.m.; Commissioner Cain seconded, all voting aye.