Minutes for 2009-09-29, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 29, 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; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Dearden
B. Pledge of Allegiance - Alan McEwan
C. Thought of the Day - Commissioner Bischoff
D. Presentation of Ogden/Weber Convention & Visitors Bureau 2010 Marketing Plan
Sara Toliver, CVB President, outlined the 2009 achievements and the 2010 goals and objectives. Despite the downturn in current economic conditions, the room nights booked through the CVB increased by 33% in 2009, the revenue generated for the Ogden Eccles Conference Center increased by 43% and the ski business remains stable with an 83% increase in room nights. The goals for the upcoming year include increasing revenues as well as partner numbers and participation.
E. Consent Items:
1. Purchase Orders in the amount of $161,314.68
2. Warrants #254563 - #254849 in the amount of $2,023,389.89
3. Minutes for the meetings held on September 8, 15 and 22, 2009
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.
F. Action Items:
1. Approval of Notice of Non-compliance and suspension of final plat approvals:
North Fork Meadows Subdivision; Powder Ridge Condominiums Phase 1 Building 3 Amended;
Elk Ridge Estates Subdivision
Chad Meyerhoffer, County Engineering, stated that North Fork Meadows Subdivision and Elk Ridge Estates Subdivision have improvements that need to be completed, and the escrow was called in from the bank, which has closed and the FDIC has taken over. Mr. Meyerhoffer said that in order to alert new developers (in case the FDIC sells the properties) it was best to suspend the final approvals. The escrow was called in for Powder Ridge Condominiums, however, there isn’t much progress on the building itself and it is best to suspend it as well. Commissioner Bischoff asked if these property owners had responded and Mr. Meyerhoffer said that only FDIC had provided some communication.
Commissioner Zogmaister moved to approve the Notices of Non-Compliance and Suspension of final plat approval for North Fork Meadows Subdivision, Powder Ridge Condominiums Phase 1 Building 3 Amended and Elk Ridge Estates Subdivision; Commissioner Bischoff seconded, all voting aye.
2. Contract with Utah Department of Transportation for safety improvement for the North Ogden Divide - Contract C2009-151
Curtis Christensen, County Engineer, stated that this agreement was for funds to make improvements to the North Ogden Divide roadway. He said that through UDOT $643,569 were allocated for the project and this document allows that agreement to take place. Mr. Christensen will come back before the Commission in the future with contracts with consultants and constructors to make the improvements. Commissioner Zogmaister noted that the contract called for $62,416 in the budget for the match yet the match required only $43,569 and Mr. Christensen said that the county has had some money in the budget for this project for a few years but had not been certain of the total amount earlier. If there is any overrun, the county will be responsible, thus the reason for the extra funds.
Commissioner Bischoff moved to approve Contract C2009-151 with Utah Department of Transportation for safety improvement for the North Ogden Divide; Commissioner Zogmaister seconded, all voting aye.
3. Ordinance amending Zoning Ordinance 36-B, Hillside Development Review Procedures and Standards - Ordinance 2009-20
Iris Hennon, County Planning Division, stated that this ordinance had been presented to the County Commission on 8/4/2009 and at that time a change to the Appeals Section was requested. It has been amended and is now consistent with House Bill 177, Section 8, Appealing a Land Use Authority’s Decision. The Planning Division is also proposing an additional clarification to the Applicability Section and the ordinance now specifies that it applies to the natural terrain with average slopes at or exceeding 25% and that the hillside preliminary review requirement may be waived by the Planning Director and the County Engineer on a case-by-case basis.
Commissioner Zogmaister moved to adopt Ordinance 2009-20 amending the Zoning Ordinance, Chapter 36-B, Hillside Development Review Procedures and Standards; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
5. Request on authorization to proceed with improvements to & operation of Weber County Animal Shelter as set forth in the Interlocal Agreement dated 12/9/2008
Reed Richards, Deputy County Attorney, noted that representatives from Ogden and Roy Cities were present. He stated that discussion on this project had started many years ago but had been formalized in December 2008 with the signing of the interlocal agreement between these two cities and the county that provided moving forward with the design for the expansion to the county animal shelter.
After the agreement was signed, a committee was established to obtain an architect. Through a Request for Proposals, the firm of Sanders Associates Architects was selected, which started their work about six months ago. The 2008 contract provided that when the initial design phase was completed, they would get estimates on the cost of construction for the shelter extension and all three parties would have an opportunity to determine whether to proceed. The estimate was done by Wadman Construction. The cities had reviewed the proposal and agreed to move forward to the next phase and it is now before the Commission to decide whether to move forward with the final design of the project based on the preliminary figures.
Mr. Richards said that the construction estimate of $2.9 million will probably not increase and that the architects also believes that costs will probably decrease rather than increase. He indicated that if this project moves forward it could be run as a county department (which is what was contemplated at the 2008 contract signing) and the cost of running the facility would be shared by the three parties based on the number of animals that they provide to the facility. Many of the expenses, including construction costs, would be paid by fees. The parties could decide to move into a special district, paid for by assessing each of the cities for their share and collecting revenues from those utilizing the facility if they own animals privately.
The county currently provides animal control/sheltering services for a number of the smaller cities. The 2008 contract allows each of the cities to join the agreement and be on the same status as the original three parties, and if they choose not to join, they can utilize the shelter but pay a 20% higher fee beyond the cost to agreement members. Once an entity opts to join, it is obligated to stay in (whether in a district or county-run) at least until the bonds issued for construction of the remodeled shelter are paid. Mr. Richards stated that from the County Comptroller’s study, the county has been paying a substantial amount of the fees that contractual cities have been incurring for animal control/sheltering and that those who are taking/picking up animals privately were also not paying their share and there should be serious consideration to increase the fees to the correct levels. The three cities he had talked with about this item knew the rates would be increasing but not by how much and they knew that when the shelter is completed the change will be significant. For the past three years the county has not entered into long term agreements with the cities, specifically stating that the short term contracts only cover services until renovation is completed. Due to the current market, it is a great time to construct this extension. Chair Dearden recommended that Mr. Richards present this item at the upcoming Weber Area Council of Governments and that mayors/representatives participating in the contract be present.
Mr. Richards stated that Chris Davis, of Roy City, desired to take another look after this goes out to formal bid to decide whether to build the project. Mr. Richards’ concern is that by then all the design work will be done and the contract fee of about $150,000 will have to be paid. Chair Dearden said that there was no opt out clause in this contract which would allow Roy City to withdraw and Mr. Richards responded that was correct, there was no out unless all three parties agree. Mr. Davis said that the city understood that up to now each party paid 1/3 of the cost for architectural fees but when the final bid came in, the city might have the option to opt out. He had told the city council that he would present the contract to them one more time. He said that Roy uses Ogden’s animal shelter and if Ogden decides to go with the county’s animal shelter, Roy has two options–to use the county’s shelter or build its own, but they are not inclined to do the latter. David Wilson, Deputy County Attorney, had taken a moment to speak with Mr. Davis and said that Mr. Davis would feel more comfortable having the additional amendment to the original agreement stating that the cities could look at the item again after final bids come in. Mr. Davis’ concern was the uncertainty of what that final bid will be.
George Benford, of Ogden City, stated that the city had already made the decision to go forward and did not plan to re-evaluate once the bid came in if it came in at $3 million or less. Dan Olsen, County Comptroller, cautioned that the figures he provided were just preliminary and that the $3 million figure could be used simply as a guide.
Mr. Wilson said that the agreement did not provide for splitting costs three ways for the next phase, only up to the first phase, and the contract could be amended to provide that if the parties decide to withdraw after the bid is received that the outstanding costs will be split three ways. He recommended that amendment and the representatives from the cities agreed.
Mr. Richards said that the contract with the architects indicates they have a time frame to complete their design, that they continue to work, and until this contract is signed the only commitment they have is for the first $25,000 but they have gone significantly beyond that because the contract time frames required that design work be done. The commission asked that an amendment be prepared and circulated to Roy and Ogden and this item be on next week’s agenda with the amendment.
4. Request to Approve an addendum to the Animal Shelter Design Agreement
This item was held until next week (see above related item). Reed Richards, Deputy County Attorney, noted that this contract could not be signed until the contract in the item above is signed. This amends the contract with Sanders Architects after the decision has been made to move forward with the complete design. It changes the fee percentage (from 6.5% to 6.38%) of the construction cost. Under the original contract, if the construction costs came out beyond $1.5 million the architect fees would be renegotiated. This addendum has calculated the fees to the architects using the preliminary estimate. A provision is included that if the actual bid is different from the estimated amount, then those amounts will have to be adjusted.
6. Approval of engagement letter of Bond Logistics, LLC to perform calculations relating to arbitrage & rebate requirements with respect to certain county bond issues - Contract C2009-152
John Bond, County Treasurer, stated that in past years the Treasurer’s Office had signed engagement letters but from now on will bring them before the Commission. He explained that when the county borrows money and sets up a bond, IRS code requires that the county report to them the progress of that bond money. When money is borrowed for projects, this report is required every 5th year that the bond is outstanding or when the bond comes to a conclusion. He stated that currently two reports need to be prepared by a specialized accounting firm. The proposed cost for each report is $2,025. This contract is to ensure the county has used the money appropriately based upon IRS code.
Commissioner Bischoff moved to approve Contract C2009-152, engagement letter of Bond Logistics, LLC to perform calculations relating to the arbitrage and rebate requirements with respect to certain county bond issues; Commissioner Zogmaister seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 6, 2009, 10 a.m.
H. Public Comments: None
I. Request to close the meeting to discuss the character, professional competence, or physical or mental health of an individual and strategy session to discuss pending or reasonably imminent litigation
Commissioner Bischoff moved to close the meeting to discuss the character, professional competence, or physical or mental health of an individual and strategy session to discuss pending or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
No action was taken on the closed executive session.
J. Adjourn
Commissioner Bischoff moved to adjourn at 11:40 a.m.; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor