Minutes for 2008-12-23, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 23, 2008 - 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: Jan M. Zogmaister, Chair; Craig L. Dearden, and Kenneth A. Bischoff

Others Present: David C. Wilson, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Sheriff Slater
C. Thought of the Day - Chair Zogmaister

D. Presentation: Recognition of Sam Grange, Holden Steed & Scouts with Troop 495, for organizing/obtaining/planting 25 trees at ballfields & near soccer fields at fairgrounds

Jennifer Graham, County Recreation Facilities Director, expressed thanks to this Troop for the great work they had done. They were presented with a letter from the Commission. Sam Grange outlined the project.

E. Consent Items:
1. Purchase Orders in the amount of $141,419.61
2. Warrants #245414-#245640 in the amount of $1,840,496.55
3. Minutes for the meeting held on December 16, 2008
4. New beer license
5. ACH payment to US Bank in the amount of $55,412.79 for purchasing card transactions made through the billing cycle ending December 16, 2008
6. Set public hearing for January 13, 2009, 10 a.m., on proposed amendments to Chapter 36, Design Review of the Weber County Zoning Ordinance
7. Set public hearing for January 13, 2009, 10 a.m., to consider amendments to Chapter 28 Non-conforming Buildings, Uses and Parcels
8. Cancel the regular Commission Meeting scheduled for December 30, 2008
Commissioner Dearden moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

F. Action Items:

1. Final approval of Vienna Site Subdivision (1 lot) with a $4,400 financial guarantee for subdivision improvements and a deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, stated that this development consisted of 1.2 acres. The Western Planning Commission recommended final approval on 11/12/2008 with deferral for curb, gutter and sidewalk.
Commissioner Bischoff moved to grant final approval of the Vienna Site Subdivision with a $4,400 financial guarantee and deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, all voting aye.

 

2. Purchase Agreement with Moulding Investments, LLC, to purchase the land to facilitate the development of a construction and demolition landfill for Weber County residents - Contract C2008-227

See the next item, F.3. Gary Laird, County Solid Waste Administrator, stated that there had been quite an increase in construction and demolition (C&D) material coming into the Transfer Station. This material did not need to go into a municipal landfill.

Randy Moulding, had operated a private C&D landfill for about 20 years (now full and closed in July 2008). Mr. Moulding had purchased property to build a landfill, however, Mr. Laird said that it would be best as a county operation to fit the zoning and fulfilling the State’s requirements of a permitted landfill. Thus, the county is purchasing that property and Mr. Moulding will operate it. The county will have control over the permitting process with the State for a Class IV Municipal C&D landfill. This agreement is for the amount Mr. Moulding paid for the land plus the engineering costs he incurred to this point, for a total of $750,000. Commissioner Bischoff asked about any contingencies, such as the portion of road. Mr. Laird and David Wilson, Deputy County Attorney, responded that there were some issues and these contracts were subject to all necessary approvals. There will be no public hearing by the County Commission but the item will be on the next Planning Commission agenda (1/13/2009) and at the State as part of the permit process, although the State will not address planning and zoning issues.
Commissioner Bischoff moved to approve Contract C2008-227, Purchase Agreement with Moulding Investments, LLC, to purchase the land to facilitate the development of a construction and demolition landfill for Weber County residents; Commissioner Dearden seconded, all voting aye.

 

3. Operations Agreement with Moulding Investments, LLC, to operate construction and demolition landfill for Weber County - Contract C2008-228

See above item. Gary Laird, County Solid Waste Administrator, stated that Mr. Moulding had been the sole operator of the only public facility of this type in the county. This contract allows Mr. Moulding to operate the facility as he has in the past and sets a current fee. Any increases will need to be brought before the Commission for approval. Mr. Moulding will pay $1.50/ton to the county for the county’s investment in the land, etc. Mr. Laird outlined the listed methods of terminating this contract. If terminating for any other reason other than Manager’s voluntary termination, Manager’s default, lack of economical viability or cause, the county will pay $1.50/ton for the time the county has operated the landfill.

Mr. Laird addressed the commissioners’ questions stating that there would be no scale at the facility and they would be estimating based upon volume, which was how the State operated, and Mr. Moulding would use the established formula. Mr. Moulding stated that he did not have scales at his former operation and half loads were charged as full loads. David Wilson, Deputy County Attorney, addressed Commissioner Dearden’s question explaining liquidating damages/loss of profit payment to Mr. Moulding in the event of termination without fault noting this was not an unusual practice in solid waste contracts. Commissioner Bischoff noted that there had been a lot of discussion on this issue and felt that this contract was as close as it could be in being fair to both parties.
Commissioner Dearden moved to approve Contract C2008-228, Operations Agreement with Moulding Investments, LLC, to operate a construction and demolition landfill for Weber County; Commissioner Bischoff seconded, all voting aye.

 

4. Resolutions Appointing members to Weber/Morgan Health Board - Resolutions 34 & 35-2008

Chair Zogmaister stated that these reappointments were recommended by WACOG.
Commissioner Bischoff moved to adopt Resolution 34-2008 reappointing Mayors Gary Harrop and George Garwood for a three-year term to the Weber Morgan Board of Health; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 

Commissioner Bischoff moved to adopt Resolution 35-2008 reappointing Ken Johnson for a three-year term as an at-large member to the Weber Morgan Board of Health; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

5. Resolution providing for Weber County’s irrevocable participation in the “Enhanced Public Safety Retirement Systems Cost of Living Option” within the Utah State Retirement System - Resolution 36-2008

Weber County Sheriff Brad Slater stated that this would allow those retiring from public safety to receive up to 4% COLA. Currently, it was capped at 2.5%. He noted that some public safety employees had an opportunity to retire at 20 years instead of 30 but at a 30% reduced benefit, and that most other retirement systems were funded at 4% for public safety personnel.

Commissioner Dearden expressed his support for the resolution. Commissioner Bischoff had met with the Sheriff on this issue and supported it but had a concern that it was an ongoing cost. He asked the Sheriff about the changes made to his department’s budget to help fund this and the Sheriff responded that he had permanently eliminated six positions. The Sheriff acknowledged that this was an on-going cost stating he was trying to make plans for the future and was committed to ensure that they accomplished what was needed on both sides of the equation. Chair Zogmaister expressed her concerns from a budgetary standpoint noting that by the time the county had arrived at the end of this year’s budget process, the expected revenues had already been adjusted down by over $370,000 just for sales and property taxes, and every week the reports have been coming in that the economy is continually declining for the country and it has not hit bottom yet. She believed the county would do fine in 2009 but expressed concern looking forward because this was a fixed cost, at the State’s discretion, and in a period of time when revenues were decreasing. The Sheriff concurred stating that he was also worried about it but felt that the county was fine on funding this, that since July they had been working on it and felt that the funding could be done for the most foreseeable future.
Commissioner Dearden moved to adopt Resolution 36-2008 providing for Weber County’s irrevocable participation in the “Enhanced Public Safety Retirement Systems Cost of Living Option” within the Utah State Retirement System; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister nay

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, January 6, 2009, 10 am

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 10:45 a.m.; Commissioner Bischoff seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor