Minutes for 2009-03-10, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 10, 2009 - 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: Craig L. Dearden, Chair, Jan M. Zogmaister and Kenneth A. Bischoff.

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

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Curtis Christensen
C. Thought of the Day - Commissioner Zogmaister

D. Presentation: Update of the Veteran’s Nursing Home

Fasi Filiagi introduced those present for this item. Bob Jones gave a slide presentation showing an artist’s rendering of the facility located at 1102 N. 2100 W., the construction costs/cost share, the significant local economic impact, that Utah has more than 160,000 veterans (with more than 16,000 of those over the age of 65), and he asked for the county’s support. Retired Rear Admiral Jeremy Taylor noted that this facility would fill a need that had been ignored for many years in Utah and that they still needed about $1 million. Terry Schow, Executive Director, Utah Department of Veterans Affairs, stated that this was the largest veterans nursing home in Utah (120 beds), that they were grateful for the legislature for frontloading the cost and urged support for the facility and for RAMP funds consideration. Mr. Schow thanked the Commission for their support in speaking with legislators and the Governor’s Office. Chair Dearden suggested they fill out an application for RAMP funds, stating that this was a great project to have in Weber County and it was due to the four present who had worked hard during the last two legislative sessions, and expressed the Commission’s support of the project. He and thanked them for their service to our country. Commissioner Zogmaister asked if they would be making a presentation in the community and Admiral Taylor responded they would.

E. Consent Items:
1. Purchase Orders in the amount of $495,157.04
2. Warrants #247714-247887 in the amount of $400,608.18
3. Minutes for the meeting held on March 3, 2009
4. New business licenses
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

F. Action Items:

1. Revision of Golden Spike Event Center Advisory Board By-laws - Resolution 10-2009

Jennifer Graham, County Recreation Facilities Director, presented one change to the by-laws clarifying that the term limit was two full consecutive terms.
Commissioner Bischoff moved to adopt Resolution 10-2009 revising the Golden Spike Event Center Advisory Board By-laws; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 2. Contract with Business Depot Ogden to allow trucks in excess of 10,000 lbs. to use Bill Bailey Boulevard to access the Business Depot Ogden - Contract C2009-85

Jennifer Graham, County Recreation Facilities Director, presented this contract renewal, noting that limited access to BDO was available for trucks over 10,000 lbs. and Ogden City desired access across county property. In exchange, Ogden City assists with road repair and snow removal. Chair Dearden asked if this contract could have been extended beyond the 1-year and Ms. Graham responded that the county was hoping the situation would change–this adds a lot of traffic to the road and the county was just being a good neighbor.
Commissioner Zogmaister moved to approve Contract C2009-85 with Business Depot Ogden to allow trucks in excess of 10,000 lbs. to use Bill Bailey Boulevard to access the Business Depot Ogden; Commissioner Bischoff seconded, all voting aye.

 

3. Renaming the street that runs southerly of Wolf Lodge Condo to Wolf Lodge Drive - Ordinance 2009-8

Ernest Rowley, County Recorder/Surveyor, stated that there were two streets named Wolf Creek Drive in Ogden Valley which created concerns related to emergency services. This portion will be renamed Wolf Lodge Drive. The affected property owner was notified by mail and no objection was received.
Commissioner Bischoff moved to adopt Ordinance 2009-8 renaming the street that runs southerly of Wolf Lodge Condo to Wolf Lodge Drive; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

 

4. Resolution appointing a member to the Roy Water Conservancy District - Resolution 11-2009

Commissioner Dearden noted that five applications had been received and the district had recommended two individuals. The commissioners were familiar with some of the individuals.
Commissioner Bischoff moved to adopt Resolution 11-2009 appointing Tommy Smith to the Roy Water Conservancy District to serve the remainder of Vern Thompson’s term through January 1, 2011; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

 

 

5. Contract with Animal Specialties to provide animal exhibits and a petting zoo for the 2009 Weber County Fair - Contract C2009-86

Jan Wilson, County Fair, presented this contract in the amount of $5,000.
Commissioner Bischoff moved to approve Contract C2009-86 with Animal Specialties to provide animal exhibits and a petting zoo for the 2009 Weber County Fair; Commissioner Zogmaister seconded, all voting aye.

 

6. Contract with Wooden Creations to provide chainsaw carvings for the 2009 Weber County Fair - Contract C2009-87

Jan Wilson, County Fair, presented this contract in the amount of $3,800.
Commissioner Zogmaister moved to approve Contract C2009-87 with Wooden Creations to have Mark Colp/Wooden Creations provide chainsaw carvings for the 2009 Weber County Fair; Commissioner Bischoff seconded, all voting aye.

 

7. Contract with SMG/Weber County to hold the Miss Weber County Scholarship Pageant at Peery’s Egyptian Theater - Contract C2009-88

Jan Wilson, County Fair, presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-88 with SMG/Weber County to hold the Miss Weber County Scholarship Pageant at Peery’s Egyptian Theater; Commissioner Bischoff seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 17, 2009, 10 a.m.

H. Public Comments:

Lynette Penrod, of Plain City, asked how the county could make a major decision rapidly for $750,000 relating to the proposed C&D landfill and yet another decision on last week’s agenda to move landscape rocks had to be tabled because it was extensive. Commissioner Bischoff stated that the landfill item had been in the process for over a year. Ms. Penrod asked why her family never received any notice since their property was adjacent to the proposed landfill. The first time they had heard of it was when the road became an issue and Gary Laird (County Solid Waste Administrator) called to say the Penrod’s road was needed and had asked whether they would sell or the road would be taken. David Wilson, Deputy County Attorney, said that he had discussions in previous meetings with her about the issue and she asked if that constituted the notice he had referred to. Mr. Wilson asked what notice she was seeking and she again asked if the discussions she and Mr. Wilson had constituted notice. Mr. Wilson stated that a letter had been sent to her indicating that the county would like to expand the use of the easement from possibly a private paved road. Ms. Penrod asked to whom it had been sent and Mr. Wilson responded it had been sent to the land owner. Additionally, Mr. Laird had discussions with Kelly Penrod, which Ms. Penrod said was her brother. Mr. Wilson said that the Mouldings were now applying for a permit through the State for the C&D landfill and that Ms. Penrod had been advised there would be a hearing through the State. She said that the only way they knew of that hearing was because they had been following the issue.

Ms. Penrod emphasized that the subject property was not even split between the Mouldings and the Penrods until November 2008, and if discussions had been ongoing for over one year, the Penrods had curiously been absent from them. As the adjoining land owner, she expressed frustration with the lack of notification and that they were not even notified that the item would be on the agenda. Commissioner Zogmaister said that the item on the agenda was for the purchase of that land and the possible contract with Mr. Moulding and that the county spent a lot of time considering the landfill.
Ms. Penrod said that if negotiations were ongoing for all that time with Mr. Moulding that the property at that time, up until last November, was owned half interest by the Mouldings and Penrods and the Penrods should have been shown as adjoining property owners and should have been informed. The County Planning Department’s initial drawings showed that her family was to take the back piece and Moulding the front (where the road would not be an issue) but in November when the land was deeded, the land was split just the opposite–so apparently the negotiations were going on before the property was officially split–and Mr. Moulding did not even own that property at that time. The commissioners stated that they had followed procedure and did not know where they had not. Ms. Penrod responded that the county may have been negotiating with Mr. Moulding but it was actually for the Penrod’s land. Chair Dearden said that the Commission was not aware of that and had been working off the information they had been given. She responded that it was public record, and that the Penrods had been blind-sighted because they had not known anything about any ongoing discussions until the call about the road, and Mr. Moulding had never made anything known to them. She said that the person from whom she had purchased that property had offered that very same land to the county for a C&D landfill in 2007 and had been declined. The commissioners clarified that it had not been for a C&D landfill but for a solid waste landfill but at the time it did not meet the county’s needs, and the county had been in negotiations with Box Elder County.

I. Close Executive Session to discuss the character, professional competence or mental health of an individual or individuals
Commissioner Bischoff moved to convene a closed executive session to discuss the character, professional competence or mental health of an individual or individuals; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

There was no action taken on the closed executive session.

J. Adjourn:
Commissioner Bischoff moved to adjourn at 12:05 p.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor