Minutes for 2009-10-27, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 27, 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; Chris Allred, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Dearden
B. Pledge of Allegiance - Sheriff Brad Slater
C. Thought of the Day - Commissioner Bischoff
D. Presentation regarding the completion of the Kingfisher Wetlands
Jennifer Graham, County Recreation Facilities Director, reported on the completion of this RAMP project. She presented a book to Jay Hudson, the lead volunteer, who has been working steadily on this project for a few summers. Chair Dearden expressed appreciation to everyone for their hard work.
E. Consent Items:
1. Purchase Orders in the amount of $156,019.67
2. Warrants #255400 - #255602 in the amount of $3,292,934.42
3. Minutes for the meeting held on October 20, 2009.
4. Set public hearing for November 24, 2009, 6:00 p.m., to receive public comments on the Weber County 2010 Tentative Budget
5. Approval of ACH payment to US Bank in the amount of $80,656.54 for purchasing card transactions made through the billing cycle ending October 15, 2009
Commissioner Zogmaister moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.
F. Action Items:
1. Adopt 2010 County Tentative Budget and make it available for public comments
Dan Olsen, County Comptroller, outlined the budget process and stated that the county departments were asked for no-growth budgets, and they had complied. At the onset, there had been a $4 million budget deficit. Departments were asked to go back and cut 1% minimum from their budgets. Subsequently, the deficit was reduced to less than $1 million. There are still some items to be worked on. He thanked the departments for their work on managing their budgets well and for their cooperation.
Commissioner Bischoff moved to adopt the 2010 Weber County tentative budget and to make it available for public comments; Commissioner Zogmaister seconded, all voting aye.
2. Contract with the United States Forest Service to reimburse for services related to drug investigation and operations on forest service land - Contract C2009-171
3. Contract with the United States Forest Service to provide enforcement services and equipment purchase - Contract C2009-172
Weber County Sheriff Brad Slater gave an overview of these two contracts which are similar to past contracts and are for reimbursement to the county. He addressed Commissioner Zogmaister’s question stating that if there are any unexpended funds from the prior year they are carried over.
Commissioner Zogmaister moved to approve Contract C2009-171 and C2009-172 with the United States Forest Service to reimburse for services related to drug investigation, operations on forest service land, to provide enforcement services and equipment purchase; Commissioner Bischoff seconded, all voting aye.
4. Contract with Gordon Spilker Huber Geotechnical Consultants, Inc. for the Geotechnical Study for the Animal Shelter Expansion Project - Contract C2009-173
Nate Pierce, County Operations Department Director, noted that on 10/6/2009 the Commission approved an agreement to move forward with the expansion of the Weber County Animal Shelter in the amount of $150,000. This contract is for the geotechnical study.
Commissioner Bischoff moved to approve Contract C2009-173 with Gordon Spilker Huber Geotechnical Consultants, Inc. for the geotechnical study for the Animal Shelter expansion project; Commissioner Zogmaister seconded, all voting aye.
5. Approval of an application to Utah State Water Quality Board for Wastewater Planning advance funds for South Fork of the Ogden River Area
Curtis Christensen, County Engineer, stated that Huntsville Town had recently submitted an application to the State for a wastewater services planning study. The county asked the State and Huntsville to merge with that application to expand the study into the South Fork area of Ogden Valley. The plan will determine the best apparent alternative to construct, own, and operate a regional wastewater collection system and treatment plant. Commissioner Bischoff asked if Huntsville was in support of moving outside of its city borders. Mr. Christensen responded that they were still struggling with that concept but if there was that opportunity to move outside in the future, then the study would already be done and if improvements are needed that could also serve Huntsville, then perhaps the county could work with Huntsville to help that take place. Commissioner Bischoff noted that this was a step forward in the wastewater issue in the Ogden Valley. The State Department of Water Quality had highly recommended to Huntsville and the county that they merge their application.
Commissioner Bischoff moved to approve an application to Utah State Water Quality Board for wastewater planning advance funds for the South Fork of the Ogden River area; Commissioner Zogmaister seconded, all voting aye.
6. Contract with Diamond Pharmacy to provide general and specialized pharmacy services to the Weber County Correctional Facility/Weber County Sheriff’s Office - Contract C2009-174
Lt. Frosty McWilliams, Weber County Sheriff’s Office, briefly presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-174 with Diamond Pharmacy to provide general and specialized pharmacy services to the Weber County Correctional Facility/Weber County Sheriff’s Office; Commissioner Bischoff seconded, all voting aye.
7. Contract with Weber Human Services to provide Day Porter services for the Weber Human Services Facility for the calendar year beginning 1/1/2010 and terminating 12/31/2010 - Contract C2009-175
Doug Dickens, County Operations Department, stated that this contract had been approved by the Weber Human Services Board. It is basically the same contract as in the past and there has been a slight increase from the previous contract amount.
Commissioner Bischoff moved to approve Contract C2009-175 with Weber Human Services to provide day porter services for the Weber Human Services facility for the calendar year beginning January 1, 2010 and terminating December 31, 2010; Commissioner Zogmaister seconded, all voting aye.
G. Request to close the meeting to discuss pending or reasonably imminent litigation
Commissioner Bischoff moved to close the meeting to discuss pending or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
Request to reopen the meeting to continue Action Items
8. Resolution of the Board of Weber County Commissioners finding that the current public interest requires the acquisition/upgrade of a private easement on an already paved road for the purpose of completing 900 South as a public thoroughfare - Resolution 34-2009
Gary Laird, County Solid Waste Management, stated that it had become necessary to extend 900 South as a public street, thereby providing public access to certain areas of western Weber County and this resolution begins the eminent domain process to acquire a 1.79 acre parcel to extend the road.
Commissioner Bischoff moved to adopt Resolution 34-2009 finding that the current public interest requires the acquisition/upgrade of a private easement on an already paved road for the purpose of completing 900 South as a public thoroughfare; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 3, 2009, 10 a.m.
I. Public Comments:
Bryce Penrod, of Pleasant View City & President of Counterpoint Construction, stated that the Penrods own the property in item 8 above. The Penrods had become aware yesterday of the Commission’s intent to acquire part of their property by eminent domain. Subsequently, they had been discussing the issue with Brent Bateman, of the Office of the Utah Property Rights Ombudsman, about their rights, and he recommended the Commission also speak with him. Mr. Penrod said that there were certain conditions related to takings in Title 78: 1) that the Penrods receive a 10-day written notice to prepare their arguments against the taking, and 2) that the Penrods have the right to be heard in a public forum before the Commission’s vote. He said that these two conditions constituted due process under the law and he was therefore insisting the Commission rescind the resolution just adopted, and that they be extended the same rights that are to be afforded to any citizen of this country. Chair Dearden noted that the Commission could not rescind the resolution–it would have to be reviewed by their attorney.
J. Adjourn
Commissioner Zogmaister 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