Minutes for 2007-11-06, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 6, 2007 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
In accordance with the requirements of Utah Code Annotated Section 52-4-7(1)(d), the County Clerk records in the minutes the names of all citizens who appear and speak at a County Commission meeting and the substance “in brief” of their comments. Such statements may include opinion or purported facts. The County does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law.Commissioners Present: Kenneth A. Bischoff, Chair; Jan M. Zogmaister, Vice Chair; and Craig L. Dearden.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Chair Bischoff
D. Consent Items:
1. Purchase orders in the amount of $329,207.03
2. Warrants #231081 - #231211 in the amount of $974,866.19
3. Minutes for the meeting held on October 30, 2007
4. Set public hearing for November 20, 2007, 10 a.m., to vacate Lot 19-R and 20-R from Cedar Cove Estates and to request final approval of Cedar Cove Estates Lots 19-R and 20-R amended
5. Surplus a Canon Copier and a Video Court Monitor from the Sheriff’s Office
Commissioner Zogmaister moved to approve the consent items as presented; Commissioner Dearden seconded, all voting aye.
E. Presentation: Recognition of Heather Davies for receiving Corrections Deputy of the Year Award
Weber County Sheriff Brad Slater noted that Officer Davies was the 2007 recipient of the Utah Sheriff’s Association Correctional Officer of the Year award, which was very prestigious. The Sheriff read a portion of the nomination submitted that outlined Officer Davies’ suitability for this selection and presented her with a plaque. Officer Davies introduced all her family present. The Sheriff and the commissioners expressed their thanks to Officer Davies for her exceptional work.
F. Action Items:
1. Contract with the U. S. Postal Service (Eden District) to allow centralized mail boxes in the county right-of-way - Contract C2007-268
Dennis Richardson, County Engineering, explained that the Eden Post Office had requested that centralized mailboxes be placed in the county right-of-way to help reduce traffic congestion and improve safety of mail delivery. The agreement stated that all county regulations would be followed and right-of-way permits obtained, but there would be no fee for the permits.
Commissioner Dearden moved to approve Contract C2007-268 by/between Weber County and the U. S. Postal Service (Eden District) to allow centralized mail boxes in the county right-of-way; Commissioner Zogmaister seconded, all voting aye.
2. Approval of Polling Locations for 2008
Gloria Berrett, Elections Administrator, presented the polling locations for 2008.
Commissioner Zogmaister moved to approve the polling locations for 2008; Commissioner Dearden seconded, all voting aye.
3. Waiving interest on 2004 delinquent taxes for LSNs 01-017-0006 & 01-017-0042 owned by Interstate Brands Corporation, currently in Bankruptcy #04-45814
Monette Hurtado, Deputy County Attorney, stated that this case related to a national bankruptcy. Interstate Brands Corporation had sent a check to the Weber County Treasurer’s Office requesting that they reduce the 2004 taxes by 25% and also waive penalty and interest. Ms. Hurtado had called Interstate and told them that they would have to appear before the County Commission to request the waiver. At that time they agreed to pay 100% of the taxes but requested waiver of the interest. They had sent an agreement to pay the 2004 taxes, including the penalty, and requested waiving the interest which as of today was as follows: for LSN 01-017-0006-$947.91 and for 01-017-0042-$15.82. Because of the bankruptcy case, it was believed that it might be in the county’s best interest to accept payment now.
Commissioner Dearden moved to waive interest on 2004 delinquent taxes for Land Serial Numbers (LSNs) 01-017-0006 and 01-017-0042 owned by Interstate Brands Corporation, currently in bankruptcy #04-45814; Commissioner Zogmaister seconded, all voting aye.
4. Final reading of adjustment of rates for the Weber County Solid Waste Transfer Station and Compost Facility - Ordinance 2007-29
Gary Laird, Transfer Station Manager, presented the final reading of this ordinance, which had been presented on 10/16/2007. Mr. Laird said that major changes to this ordinance included reducing the tipping fee from $32 to $30/ton, the minimum load fee from $6.50 to $5, eliminating the compost-bulk fees (because they couldn’t keep the items stocked), and adding the refrigerator/freezer disposal fee. Chair Bischoff asked about the uncovered load fee increase from $10 to $30 and Mr. Laird clarified that it was an error in the ordinance, that the uncovered load had always been $30 for commercial and $10 for a residential trailer. The Attorney’s Office will correct the ordinance.
Commissioner Zogmaister moved to adopt Ordinance 2007-29, final reading of rate adjustment for the Weber County Solid Waste Transfer Station and Compost Facility (Title 6, Chapter 22), with a correction to the uncovered load fees; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
5. Request for approval of contract with the Utah Department of Corrections regarding the rate paid to the county for state inmates
This item was held.
6. Boundary Line Agreement for the north boundary of the Weber County Fairgrounds - Contract C2007-269
Ernest Rowley, County Recorder/Surveyor, said that in 2000 KEB Enterprises was an adjacent northwesterly property owner of the current County Animal Shelter facility at the Fairgrounds and had begun the process of developing the land for a subdivision. In the subdivision review, the County Surveyor worked on the common boundary line between the county and that property to identify the true line of ownership; there have been conflicting locations for this boundary line. In 2000 it had been decided that it would be more costly to the county to conduct the survey, title work, etc., in comparison to the value of the property that the county might/might not gain, and other issues such as whether the county would be exchanging any property. Mr. Rowley said that Wayne Crow, was present and was president of Cachecade, the current company owning that adjacent property, and that they desired to develop it and to identify the fence line currently around that parcel as the common property line.
Gary Laird, county employee who had worked on this item in the past, wanted the new adjacent property owner to be aware that the former property owner had agreed to grant an easement to the county for the water line that runs through that property in exchange for allowing them to utilize the corner property at the back of the ball diamonds at the Fairgrounds for a retention basin, which the county would use as well, if needed. Mr. Rowley clarified that the county already had an easement through that property.
Commissioner Dearden moved to approve Contract C2007- 269, Boundary Line Agreement for the north boundary of the Weber County Fairgrounds; Commissioner Zogmaister seconded, all voting aye.
7. Resolution appointing a representative to the Utah Counties Insurance Annual Membership meeting - Resolution 52 -2007
David Wilson, Deputy County Attorney, stated that UCIP requests that the Commission designate an official member and an alternate to attend the annual meeting.
Commissioner Dearden moved to adopt resolution 52-2007 appointing Kenneth A. Bischoff as a representative and Brad Dee as an alternate representative to the Utah Counties Insurance Annual Membership Meeting; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
G. Assign Pledge of Allegiance &Thought of the Day for Tues., November 13, 2007, 6 p.m.
H. Public Comments:
Lieutenant Governor Gary Herbert stated he was visiting county clerks and various polling locations on this municipal election day and was pleased to report that there was good voter turnout. He was also pleased with the cooperation between the county clerks and city recorders and expressed the importance of local government.
Chair Bischoff noted that a meeting had been set for November 13, 2007, 3:30 p.m. to hear Board of Equalization issues.
I. Adjourn
Commissioner Zogmaister moved to adjourn at 10:48 a.m.; Commissioner Dearden seconded, all voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor