Minutes for 2009-02-24, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 24, 2009 - 10:08 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 and Jan M. Zogmaister. Craig L. Dearden participated via telephone conference.

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

A. Welcome - Commissioner Bischoff
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $564,649.24
2. Warrants #247213-247375 in the amount of $1,520,936.38
3. Minutes for the meeting held on February 17, 2009
4. ACH payment to US Bank in the amount of $54,877.94 for purchasing card transactions made through the billing cycle ending February 15, 2009
5. Ratification of Weber County Library Board’s approval of Change Order #9 to contract #2006-169 with Jacobson Construction for the Pleasant Valley Branch Library - Contract C2009-18
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Item:

1. Contract with Ogden City Corporation to grant a perpetual, non-exclusive easement to Ogden City which will allow them to continue the development of the Bonneville Shoreline Trail north across property owned by Weber County - Contract C2009-19

Nate Pierce, County Operations Department Director, stated that the county was partnering with other communities in the lower valley to develop the trail system. The City asked for the easement to continue the development of the Bonneville Shoreline Trail North across the county’s 58-acre parcel that is located within Ogden City. Commissioner Bischoff asked what the property was being used for and Mr. Pierce responded that it was hillside and was not developable. Mr. Pierce noted that within this 58 acres, the county had recently sold about two acres to Ogden City to place a water tank.
Commissioner Zogmaister moved to approve contract C2009-19 with Ogden City Corporation to grant a perpetual, non-exclusive easement for the City to continue development of the Bonneville Shoreline Trail North across Weber County property; Commissioner Dearden seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 3, 2009 at 10 a.m.

G. Public Comments:

Lynette Penrod, of Plain City, stated that she and her family were strongly in opposition to the proposed landfill at Little Mountain. She said that the traffic could not be handled, it was a nuisance to the county, and they already put up with a lot of traffic for GSL. She referred to the 12/23/2008 Commission minutes where Mr. Laird had said that this landfill would be best as a county operation. She noted that the next item on that agenda was approval of a 20-year operating contract with a private entity and asked that since it was best as a county operation why the county would involve a private entity for the operation.  Ms. Penrod asked how the State permitting process differed for a county operation versus a private/commercial operation and for the public notification process. Commissioner Bischoff responded that it was not unusual for a government entity to have a private contractor operate an enterprise and he cited the example of the Ogden-Eccles Conference Center. She had reviewed the proposed contract with the private entity and felt that the county was assuming a lot of liability by having ownership and getting about 10% of the proceeds and giving away 90%. Ms. Penrod had heard there would be 50 trucks at $150 per truck, which was $7,500/day and she found it difficult to believe that the county could not figure out how to operate the landfill. David Wilson, Deputy County Attorney, had asked Mr. Laird to ensure that the State was aware that even though the county would have ultimate oversight, the county would be hiring a private contractor and said that Ms. Penrod may wish to speak with Mr. Laird. Mr. Wilson explained that a C&D landfill was much different than a commercial landfill and Ms. Penrod stated that she owned a construction company and knew there was no guarantee on what would get dumped at that landfill. She was concerned that it would be up to citizens to patrol it because there would be no one stationed there. She added that the subject property was very close to the Great Salt Lake and the Ogden Bay Bird Refuge–probably not even a mile–and expressed concern with groundwater, wetlands and the bird refuge. Additionally, there was no way the ground water level was 5 feet below the level of the landfill and Commissioner Zogmaister said that this would be addressed in the State permitting process.

Joan Penrod also opposed the landfill discussed above. She asked why the contract for the operating agreement was not put out to bid. Mr. Wilson responded that it had been the determination that because Mr. Moulding provided the ground, it was all wrapped in one deal–purchasing the land and services at the same time. She asked if Mr. Moulding would not have sold the land if the county had not granted the operating agreement and Commissioner Bischoff said that Mr. Moulding absolutely would not have.

H. Adjourn
Commissioner Dearden moved to adjourn at 10:25 a.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor