Minutes for 2009-04-07, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 7, 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: Monette Hurtado, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Gary Laird
C. Thought of the Day - Chair Dearden

D. Consent Items:
1. Purchase Orders in the amount of $89,345.57
2. Warrants #248665-248862 in the amount of $389,742.40, less #248665 ($701.00) to be voided
3. New business licenses
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Final approval of the River Wood Estates Subdivision

Ben Hatfield, County Planning Department, stated that this 1-lot subdivision, located at 3500 N. River Drive, Eden, is in the Agricultural Valley-3 Zone and has 188.99 feet of frontage. It encompasses both sides of the North Fork of the Ogden River and a buildable area has been shown on the plat as well as other lot setbacks required by the Zone. Culinary water will be provided by a private well from the adjacent parcel and wastewater services by a private septic system. The Weber Fire District did not require a fire hydrant as currently there are no others on River Drive. Trails for the subdivision will be placed in the right-of-way along River Drive. This subdivision conforms to the General Plan.
Commissioner Zogmaister moved to grant final approval of the River Wood Estates Subdivision; Commissioner Bischoff seconded, all voting aye.

2. Final approval of Sherylee Estates Subdivision, 2 lots, and a request for deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, stated that each lot consisted of about 1-acre and access to the lots was along 2550 S. This subdivision is within 1.5 miles of Kanesville Elementary School. Culinary water will be provided by Taylor West Weber Water Improvement District and wastewater services by West Haven Special Service District. The Planning Commission recommended final approval with deferral of curb, gutter and sidewalk on 9/9/2008.

Since this subdivision is within the 1.5 mile radius from a school, Commissioner Bischoff asked if there was a letter on file from the District. Mr. Morris responded that no letter had been received and a District typically responds whether the students are bused. Commissioner Zogmaister had spoken with the District and received its distance regulations. She stated that the students will be walking on 2500 S. that connects to 3500 W., which is a busy road. If these improvements would be required there would be a gap of about 372 feet without curb, gutter and sidewalk. Commissioner Bischoff noted his concern that by deferring these improvements it essentially releases the developer from any responsibility for the cost of the improvements. He could not comprehend why the total cost should fall to the future property owner. Chair Dearden felt that perhaps there should be an escrow in place associated with these deferrals and the other commissioners agreed. Monette Hurtado, Deputy County Attorney, noted that the deferrals are recorded and thus the property owners are on notice. Commissioner Zogmaister asked that this item be placed on the agenda for discussion.
Commissioner Bischoff moved to grant final approval of Sherylee Estates Subdivision, 2 lots, and deferral of curb, gutter and sidewalk; Commissioner Zogmaister seconded, all voting aye.

3. Final approval of Fremont 2 Subdivision, 1 lot, and a request for deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, stated that this subdivision consisted of about 1.8 acres and access is along 950 N. The subdivision is not within the 1.5 miles of a school. Culinary water will be provided by West Warren-Warren Water Improvement District and wastewater services by a Health Department-approved septic system. The Planning Commission recommended final approval with a deferral of curb, gutter and sidewalk on 1/8/2008.
Commissioner Zogmaister moved to grant final approval of Fremont 2 Subdivision, 1 lot, and deferral of curb, gutter and sidewalk; Commissioner Bischoff seconded, all voting aye.

4. Contract with the Department of Transportation for use of supervised work crews on State highway projects - Contract C2009-96

Chief Deputy Terry Thompson, County Corrections, stated that the county entered into this contract about one year ago and it has been very positive. UDOT utilizes county inmates as workers on the State’s highways under supervision. This also helps those inmates who are about to transition back to the community.
Commissioner Bischoff moved to approve Contract C2009-96 with the Department of Transportation for use of supervised work crews on State highway projects; Commissioner Zogmaister seconded, all voting aye.

5. Contract with Digital Solutions for an extension to the Inmate Telephone, Inc. (ITI) Services Agreement - Contract C2009-97

The county approved Contract C2005-66 on 6/10/2005 for ITI to provide a non-coin operated telephone system for inmate use at the Correctional Facility. On 5/7/2008 the contract term was extended for one additional 1-year term. This contract is hereby extended and it adds a video visitation system.

Chief Deputy Terry Thompson, County Corrections, stated that the county was moving from the traditional barrier visiting to a video visitation system, which is safer and more convenient to the public. ITI agrees to cover software maintenance costs in exchange for an 8-year extension. County maintenance staff will handle the installation and maintenance of hardware. Commissioner Zogmaister asked about compensation and Chief Thompson responded that there was revenue generated by the telephone companies and also within the county through inmate telephone calls. ITI will pay the county 51% of the gross billed revenue generated by calls made from the NCOTS for the first six years. Commissioner Bischoff asked for clarification on the termination clause. Reed Richards, Deputy County Attorney, said that ITI has a lot of telephone equipment at the facility, which will be returned to ITI; the new equipment for video visiting will stay at the facility, and he clarified that this clause addressed the different equipment. Telephone conversations are recorded and Caller IQ is now a part of the video visitation which can pinpoint certain words and is a good law enforcement tool.
Commissioner Zogmaister moved to approve Contract C2009-97 with Digital Solutions/ITI for an extension to the Inmate Telephone Services Agreement; Commissioner Bischoff seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 14, 2009, 10 a.m.

G. Public Comments:

Lynette Penrod, of Plain City, asked how the county tracked its progress in the development of the proposed C&D landfill at Little Mountain that Commissioner Zogmaister had said the county had been discussing for over one year. Ms. Penrod had been unable to find supporting documentation for a statement made at the 12/23/08 Commission meeting by Gary Laird, County Solid Waste Management, that the landfill was “best as a county operation” or the fact that the county was not required to advertise for bids for the project. She said that a county ordinance required that if there would be no advertising for bids that County Purchasing was to have a file documenting that rationale. She had been to County Purchasing three times for the file on the sole sourcing of the landfill and there was no such file. Chair Dearden noted that Ms. Penrod or a representative had a meeting scheduled with Commissioner Bischoff to discuss her questions on this item but no one had showed up and Ms. Penrod believed she had called to cancel. Mr. Laird, who had been asked to lead the project, stated that there were no documents of discussions that took place. Chair Dearden said that the Commission would be happy to take down her questions and look into them. He noted that the Commission takes the advice of legal counsel prior to making decisions and Monette Hurtado, Deputy County Attorney, said that it was appropriate for Ms. Penrod to write a letter to David Wilson, Deputy County Attorney, who had given direction on this issue, and to make a request.

H. Adjourn
Commissioner Bischoff moved to adjourn at 10:37 a.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor