Minutes for 2009-08-25, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 25, 2009 - 10:02 a.m.
Commission Chambers, 2380 Washington Blvd., 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: 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 - Gary Laird
C. Thought of the Day - Chair Dearden
D. Consent Items:
1. Purchase Orders in the amount of $134,998.48
2. Warrants #253412 - #253640 in the amount of $2,451,089.22
3. Minutes for the meeting held on August 18, 2009
4. New business licenses
5. Surplus a 1995 White Truck from the Weber County Roads Department
6. Cancel regular Commission meeting scheduled for September 1, 2009 at 10:00 a.m.
7. Retirement Agreement with Nila Dayton - Contract C2009-139
8. Retirement Agreement with Fidel Silva - Contract C2009-140
9. ACH payment to US Bank in the amount of $68,237.36 for purchasing card transactions made through the billing cycle ending August 17, 2009
Commissioner Bischoff moved to approve the consent items, including Contracts C2009-139 and 140; Commissioner Zogmaister seconded, all voting aye.
E. Action Items:
1. Final approval of the Valley Elementary School Subdivision (1 lot)
Ben Hatfield, County Planning Division, stated that the Weber School District was requesting final approval of the Valley Elementary School Subdivision located at 2821 E. 1900 N., Eden, in the Agricultural Valley-3 Zone. The project will consist of 8.8 acres with one building lot and complies with all requirements. The Ogden Valley Planning Commission had recommended final approval.
Commissioner Zogmaister moved to grant final approval of the Valley Elementary School Subdivision, (1 lot); Commissioner Bischoff seconded, all voting aye.
2. Request from the Tax Review Committee to waive penalty and interest on land serial number 23-101-0004 for delinquent 2008 property taxes
John Bond, County Treasurer, noted that Brenda Wheelwright would replace him on the Tax Review Committee. He gave an update of the past 10 years since this committee had been formed, including that 408 decisions had been made.
Mr. Bond presented the request for Betty Richardson’s penalty ($10) and interest ($17.35) to be waived for 2008. There were two land serial numbers–one was sent to the wrong address and it was a county error.
Commissioner Bischoff moved to waive penalty and interest on land serial number 23-101-0004 for delinquent 2008 property taxes as presented; Commissioner Zogmaister seconded, all voting aye.
3. Final approval of Classic Acres Subdivision, 3 lots, with deferral of curb, gutter and sidewalk
Justin Morris, County Planning Division, stated that the applicant was requesting final approval of this subdivision located at 7709 W 900 S, with deferral of curb, gutter and sidewalk. The subdivision is not within 1½ miles of any school.
Commissioner Zogmaister moved to grant final approval of Classic Acres Subdivision, 3 lots, with deferral of curb, gutter and sidewalk; Commissioner Bischoff seconded, all voting aye.
4. Final approval of Bar-O Subdivision, 2 lots, with deferral of curb, gutter and sidewalk
Justin Morris, County Planning Division, stated that the applicant was requesting final approval of this subdivision located at 7580 W 900 S with deferral of curb, gutter and sidewalk. The subdivision is not within 1½ miles of any school. Culinary water will be provided by the West Warren Water Improvement District and wastewater services by a Health Department-approved septic system.
Chair Dearden asked if there was a list of all the deferrals of curb, gutter and sidewalk and Mr. Morris responded that there was.
Commissioner Bischoff moved to grant final approval of Bar-O Subdivision, 2 lots, with deferral of curb, gutter and sidewalk; Commissioner Zogmaister seconded, all voting aye.
5. First reading of an ordinance amending certain county fees relating to planning, zoning, County Fairgrounds and the Weber County Recorder/Surveyors Office
Jennifer Graham, County Recreation Facilities Director, Rob Scott, County Planning Division Director, and Ernest Rowley, County Recorder/Surveyor, outlined the changes to the fees relating to their departments and addressed the commissioners’ questions. Mr. Scott noted that the last time that zoning and subdivision fees had been increased was in 2004 and 2006, respectively, and that they were based upon direct costs. Commissioner Bischoff and Commissioner Zogmaister said that the increase on fees was not to make a profit but to cover costs.
Commissioner Zogmaister moved to approve the first reading of an ordinance amending certain county fees relating to planning, zoning, Fairgrounds and the Recorder/Surveyor’s Office as presented; Commissioner Bischoff seconded, all voting aye.
6. Interlocal Agreement with Huntsville Town for Justice Court Services - Contract C2009-141
David Wilson, Deputy County Attorney, stated that the Town determined that it would be more cost effective to utilize the services of the Weber County Justice Court. The contract is effective 9/1/2009-12/31/2010. Commissioner Bischoff said that according to the contract, the county would pay to Huntsville 50% of the gross amount of the specified fines. Mr. Wilson stated that this was consistent with agreements with other cities.
Commissioner Bischoff moved to approve Contract C2009-141, Interlocal Agreement with Huntsville Town for Justice Court services; Commissioner Zogmaister seconded, all voting aye.
7. Contract with Junction City Roller Dolls for a Roller Derby Bout to be held on September 12, 2009 at the Golden Spike Event Center - Contract C2009-142
Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to approve Contract C2009-142 with Junction City Roller Dolls for a Roller Derby Bout to be held 9/12/2009 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
8. Contract with Utah Gem and Mineral Society for a Gem Stone Junction Show to be held April 7-8, 2010 at the Golden Spike Event Center - Contract C2009-143
Jim Harvey, GSEC, presented this standard contract.
Commissioner Bischoff moved to approve Contract C2009-143 with Utah Gem and Mineral Society for a Gem Stone Junction Show to be held 4/7-8/2010 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.
9. Contract with Professional Rodeo Cowboys Association for the Dodge Wilderness Circuit Finals Rodeo to be held on September 12 & October 22-24, 2009 at the Golden Spike Event Center - Contract C2009-144
Jim Harvey, GSEC, presented this contract.
Commissioner Bischoff moved to approve Contract C2009-144 with Professional Rodeo Cowboys Association for the Dodge Wilderness Circuit Finals Rodeo to be held on 9/12 and 10/22-24/2009 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.
10. Contract with VKM Marketing for “The Party” High School Dance to be held on August 28, 2009 at the Golden Spike Event Center - Contract C2009-145
Jim Harvey, GSEC, presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-145 with VKM Marketing for “The Party” High School Dance to be held on 8/28/2009 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
F. Assign Pledge of Allegiance &Thought of the Day for Tuesday, September 8, 2009, 10 a.m.
G. Public Comments:
Lynette Penrod, of Plain City, stated that her family owns the land adjacent to the proposed Class IV landfill in West Warren and they felt there were a number of problems with the current project and that the steps necessary to correct them were not being taken, or at least not in a public forum: that currently the county has no valid contract for the purchase of the land or the operation of the C&D landfill–that lapsed contract provisions in a real estate purchase contract terminate this contract and it cannot simply be amended by agreement of both parties; Moulding & Sons Landfill, LLC is not a licensed construction contractor and it was incomprehensible how they could operate a 230 ft. mountain of garbage. They felt the county manipulated the law to accomplish the goals of one citizen and his commercial entities; that the county has theoretically applied for a Class IV landfill permit, as the owner, with the State for the proposed landfill and in applying for this exemption from fees that a political entity may be entitled to, the county is asking for special treatment under the law, which is not intended to benefit commercial entities which clearly operate for a profit; that the county’s manipulation of its ordinance would result in a profit of over $100 million to Mr. Moulding; and that the county had turned a blind eye toward the site development activities at the proposed landfill site by declaring they are not county activities. She read a portion from a letter from Gary Laird, County Solid Waste Administrator, that stated that the ordinances Ms. Penrod had referred to only applied to county projects. Ms. Penrod stated that everyone is required to obtain a storm sewer discharge permit before beginning any construction and this had not been obtained or questioned by anyone at the county. The family believes that the terminated/voided purchase contract has no provisions relevant to this situation.
Ms. Penrod said that the family had made several requests to be on the Western Weber County Planning Commission’s agenda but this had not been granted. In addition to many unanswered questions, there have been other actions by the property owner, Mr. Moulding, that they believe warranted, at minimum, notification of the Western Weber County Planning Commission and a site plan status review. Ms. Penrod said that the Utah Division of Occupational & Professional Licensing has opened a case file to investigate the legality of the contracts; the Weber Morgan Health Department is currently investigating the digging of a well on the site because no drawings have been filed with them by the owner, no monitoring nor inspection of grouting as required, and no permit issued by them as required; that the State Attorney General’s Office has received their legal brief for review. Since the Western Weber County Planning Commissioners are not allowed ex parte communications with anyone, it is impossible to discuss these issues outside a public forum. Their family believes this warrants a presentation by the county to those commissioners to explain what is occurring, to update them, to publicly declare the concerns that have been raised, to provide for dissemination of what should be public information, and to allow for public comments. She said that their GRAMA requests continue to be ignored and if there is someone that the county answers to, they would appreciate knowing who that is.
Closed Executive Session to discuss imminent and ongoing litigation
Commissioner Zogmaister moved to close the public meeting and convene a closed executive session to discuss imminent and ongoing litigation; Commissioner Bischoff.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
No action was taken on the closed executive session.
H. Adjourn
Commissioner Bischoff moved to adjourn at 11:20 a.m.; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor