Minutes for 2009-10-06, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 6, 2009 - 10:00 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; Monette Hurtado, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Chair Dearden

D. Presentation of a Resolution/Proclamation designating October 2009 as Community Planning Month in Weber County

Rob Scott, County Planning Division Director, stated that this was an opportunity to educate the public of the contribution that planning makes to people’s quality of life and that the county was fortunate to have quality planners. The upcoming Utah Chapter of the American Planning Association will be held in Ogden.

E. Consent Items:
1. Purchase Orders in the amount of $184,892.68
2. Warrants #254850 - #255103 in the amount of $860,375.25
3. Minutes for the meeting held on September 29, 2009
4. Surplus computer equipment from the Weber County Information Technology Department
Commissioner Zogmaister moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

F. Action Items:

1. Resolution authorizing issuance & sale of not more than $3,500,000 aggregate principal amount of Sales Tax Revenue Bonds, Series 2009, of Weber County, Utah to finance all or a portion of costs of acquiring, constructing, equipping & furnishing of an animal shelter; and related manners - Resolution - 31-2009

Alan Westenskow, Zion’s Bank Public Finance, county financial advisor, presented this parameters resolution and outlined the ensuing process. The parameters include that not more than $3.5 million will be issued for this project with a maximum interest rate of 7%, however, both of these figures will be lower–the most recent figures show the interest rate will be closer to 3.5%. He said that there had been discussion about doing the Build America bond option that has a slightly higher interest rate but the county would receive a subsidy from the federal government to help pay the costs.

Mr. Westenskow noted that the county has three other bond series (issued in 2003, 2006) that pledge sales tax. Analysis had been done that showed the county receives marginal savings and if the rates go a little lower it might justify refinancing those bonds and putting them all into this same bond issue. Dan Olsen, County Comptroller, noted that one advantage of doing this is savings on cost of issuance. Monette Hurtado, Deputy County Attorney, expressed concern that this item was listed on today’s agenda only for the $3.5 million for the shelter. The resolution could be adopted as noticed today and it can be amended next week to include the additional amount.
Commissioner Bischoff moved to adopt Resolution 31-2009 authorizing the issuance and sale of not more than $3,500,000 aggregate principal amount of Sales Tax Revenue Bonds, Series 2009, of Weber County, Utah for the purpose of financing all or a portion of the costs of acquiring, constructing, equipping and furnishing an animal shelter; establishing a time, place and location for a public hearing; and related manners; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

2. Final approval of the authorization to proceed with improvements to and operation of the Weber County Animal Shelter as set forth in the certain Interlocal Agreement dated December 9, 2008 - Contract C2009-153

Reed Richards, Deputy County Attorney, stated that this item was continued from last week so that a presentation could take place to the Weber Area Council of Governments (WACOG). He did not perceive any opposition at WACOG. Roy and Ogden Cities had signed this authorization to proceed that exercises the option granted in the original contract dated December 9, 2008 that after taking a look at the preliminary numbers all three parties agree to move forward and complete the project.
Commissioner Zogmaister moved to approve Contract C2009-153, final authorization to proceed with improvements to and operation of the Weber County Animal Shelter as set forth in the certain Interlocal Agreement dated December 9, 2008; Commissioner Bischoff seconded, all voting aye.

 

3. Addendum to the Animal Shelter Design Agreement - Contract C2009-154

Reed Richards, Deputy County Attorney, stated that the original contract with the architects, Sanders Associates, provided that in the event the project was higher than $1.5 million, Sanders would give a fee reduction (which will be from 6.5% to 6.38%) based on the higher cost of the contract. The original contract also indicated times of payment based on progression of the architects’ work but did not contain figures because there had been no estimate of the project’s cost. Now with the preliminary estimate, the compensation for each phase of services will be based upon an estimated cost of construction of $2,898,680. This amount and the resulting payments outlined in the contract will be adjusted to reflect the actual construction amount once the final figure is known.

Commissioner Bischoff referred to the Reimbursable Expenses section of this contract which stated that the compensation would be the expenses incurred by the architects plus 10% of the expenses incurred. The contract outlined the percentages for compensation and they already totaled 100%. He asked why the parties would pay an additional 10% on top of the 100% and the commissioners wanted that deleted. Mr. Richards will present that change to the architects and if they don’t agree, he will put it back on the agenda.
Commissioner Bischoff moved to approve Contract C2009-154, Addendum to the Animal Shelter Design Agreement but removing the 10% fee under the reimbursable expenses (Section 11.8.2); Commissioner Zogmaister seconded, all voting aye.

 

4. First amendment to the December 9, 2008 Interlocal Agreement made by/among Weber County, Ogden City and Roy City for additional improvements to and operation of the Weber County Animal Shelter - Contract C2009-155

Reed Richards, Deputy County Attorney, noted that this contract was discussed last week. Chris Davis, of Roy City, had indicated at that time the city’s preference to have one more look once the final bids come in to allow the parties to choose whether to proceed with the project. If the parties choose not to proceed, they will split the cost to that point, which is approximately $150,000 because the architect will have completed his work. Mr. Richards does not anticipate the final bid coming in higher than the preliminary estimate because currently it is cheaper to do construction projects due to the economy’s downturn.  This contract provides that at the end of the bid process any of the three parties may give written notice to the others within 10 days of the opening of the bids indicating they do not wish to move forward with the project. If no notice is given, the contract automatically proceeds.
Commissioner Zogmaister moved to approve Contract C2009-155, First Amendment to the December 9, 2008 Interlocal Agreement made by and among Weber County, Ogden City and Roy City for additional improvements to and operation of the Weber County Animal Shelter; Commissioner Bischoff seconded, all voting aye.

 

5. Approve the filing of a Notice of Appeal in regard to the District Court’s final “Order on Petitions for Extraordinary Relief” issued on September 11, 2009, regarding the appointments of the members of the Town Council and Mayor of the Town of Powder Mountain

Monette Hurtado, Deputy County Attorney, stated that the county received an order but it was not as specific as necessary for the county. The county wants to appeal that decision.
Commissioner Bischoff moved to approve the filing of a Notice of Appeal regarding the District Court’s final “Order on Petitions for Extraordinary Relief” issued on September 11, 2009, regarding the appointments of the members of the Town Council and Mayor of the Town of Powder Mountain; Commissioner Zogmaister seconded, all voting aye.

6. Contract with Ogden/Weber Chamber of Commerce for Top of Utah Business Expo to be held on October 14-15, 2009 at the Golden Spike Event Center - Contract C2009-156

Jim Harvey, GSEC, presented this standard contract.
Commissioner Bischoff moved to approve Contract C2009-156 with Ogden/Weber Chamber of Commerce for the Top of Utah Business Expo to be held on October 14 and 15, 2009 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.

 

7. Contract with Ogden Publishing Corp. for the Standard Examiner Fall Home Show to be held October 21-26, 2009 at the Golden Spike Event Center - Contract C2009-157

Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to approve Contract C2009-157 with Ogden Publishing Corp. for the Standard Examiner Fall Home Show to be held October 21-26, 2009 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.

 

8. Ratify contract with Stirrin’ Dirt LLC for the Halloween Havoc Demolition Derby held on October 3, 2009 at the Golden Spike Event Center - Contract C2009-158

Jim Harvey, GSEC, presented this standard contract for ratification.
Commissioner Bischoff moved to ratify Contract C2009-158 with Stirrin’ Dirt LLC for the Halloween Havoc Demolition Derby held on October 3, 2009 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.

 

9. Request to approve Contract with Spikers/Double D. High School Rodeo for the High School Rodeo April 1-3, 2009 at the Golden Spike Event Center

Jim Harvey, GSEC, presented this contract. Chair Dearden asked about the reviewing attorney’s note on the contract summary that “nature of legal entities not clear” and this item was held to ensure any necessary revisions had been handled.

10. Contract with Wheeler Machinery for a lubrication and maintenance agreement on a Duratech HD12 - Contract C2009-159

Gary Laird, County Solid Waste Management, gave a brief overview of each contract with Wheeler Machinery.

11. Contract with Wheeler Machinery for a lubrication and maintenance agreement on a CAT 315CL - Contract C2009-160

12. Contract with Wheeler Machinery for a lubrication and maintenance agreement on a CAT 315B - Contract C2009-161

13. Contract with Wheeler Machinery for a lubrication and maintenance agreement on a CAT 950H - Contract C2009-162

14. Contract with Wheeler Machinery for a lubrication and maintenance agreement on a CAT 966G - Contract C2009-163

15. Contract with Wheeler Machinery for a Lubrication and Maintenance Agreement on a CAT 966H - Contract C2009-164
Commissioner Bischoff moved to approve Contracts C2009-159 through C2009-164 with Wheeler Machinery for lubrication and maintenance on a Duratech HD12,CAT 315CL,CAT 315B, CAT 950H, CAT 966G and a CAT 966H; Commissioner Zogmaister seconded, all voting aye.

 

16. Contract with Morrison-Maierle, Inc. to provide engineering design services for North Ogden Divide Safety Improvements - Contract C2009-165

Curtis Christensen, County Engineer, noted that last week the Commission approved a contract with UDOT in order for the county to have the funds available. This contract is for the engineering. This contract amount is $64,627, which is about 10% of the total project and is within UDOT’s acceptable range. Commissioner Bischoff asked what was the county’s match portion and Mr. Christensen believed that it was under $5,000.
Commissioner Zogmaister moved to approve Contract C2009-165 with Morrison-Maierle, Inc. to provide engineering design services for North Ogden Divide Safety Improvements; Commissioner Bischoff seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 13, 2009, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Bischoff moved to adjourn at 10:56 a.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor