Minutes for 2010-01-26, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 26, 2010 - 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: Kenneth A. Bischoff, Chair; Jan M. Zogmaister, and Craig L. Dearden.

Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Douglas Larsen
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase Orders in the amount of $2,147,415.04
2. Warrants #258260 - #258514 in the amount of $2,661,761.61
3. Minutes for the meeting held on January 19, 2010
4. New business licenses
5. New beer licenses
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Allied Waste Services to provide waste removal services for the Golden Spike Event Center - Contract C2010-16

Jennifer Graham, County Recreation Facilities Director, stated that the county requested bids and received five proposals for this contract. It allows Allied to provide weekly and/or monthly waste removal services at the GSEC. Two changes recommended by the County Attorney’s Office had been incorporated into the contract relating to Payment Upon Termination (changing from 6 months to 90 days) and the Attorney’s Fees clause (was removed). Ms. Graham addressed Commissioner Dearden’s question stating that different container sizes are charged differently.
Commissioner Zogmaister moved to approve Contract C2010-16 with Allied Waste Services to provide waste removal services for the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

2. Resolution appointing a member to the Golden Spike Event Center Advisory Board - Resolution 3-2010

Jennifer Graham, County Recreation Facilities Director, stated that there was one vacancy and two applications had been received. Both are excellent candidates. Dennis Montgomery is a customer of the GSEC and is quite familiar with GSEC. The other individual’s application will be kept on file.
Commissioner Dearden moved to adopt Resolution 3-2010 appointing Dennis Montgomery to the Golden Spike Event Center Advisory Board; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

3. Request for extension of the subdivision improvement agreement and financial guarantee for Trappers Ridge at Wolf Creek P.R.U.D. Phase 6 - Contract C2010-17

Sean Wilkinson, County Planning Division, stated that this subdivision has a financial guarantee for installation of improvements, which is valid until 1/27/2010, however, the improvements will not be completed before the deadline and the applicant does not wish to forfeit the money. The applicant is basing this request on the downturn economy. The only improvement remaining is landscaping around the home sites that have not been built on. The applicant does not wish to install landscaping, only to remove it and then reinstall it when the homes are built. Generally, financial guarantee extensions are granted for one year, but staff feels that two years is appropriate based on the fact that the only remaining improvement is the landscaping. The financial guarantee is for $32,186.40. The money is with the County Engineer’s escrow.
Commissioner Zogmaister moved to approve Contract C2010-17, a 2-year extension of the Subdivision Improvement Agreement and the $32,186.40 financial guarantee for Trappers Ridge at Wolf Creek PRUD Phase 6; Commissioner Dearden seconded, all voting aye.

 

4. Request for an extension of the subdivision improvement agreement and financial guarantee for The Fairways at Wolf Creek P.R.U.D. Phase 3 - Contract C2010-18

Sean Wilkinson, County Planning Division, stated that this item was essentially the same as item E.3. above–the date is the same, the guarantee is for landscaping, and is with the same developer. The financial guarantee is for $21,867.

Chair Bischoff had received a telephone call about a club house and Mr. Wilkinson said that originally the developer had put up money for tennis courts and a swimming pool (not for the clubhouse). In discussions with the developers and Monette Hurtado, Deputy County Attorney, it was decided that the county would not put in the swimming pool or tennis courts if the developer defaulted and the money came to the county. It was agreed that the money could be let go and only keep the required improvements for the actual subdivision. Chair Bischoff asked how the county would be protected by letting the money go and Mr. Wilkinson replied that they could not develop another phase until phase 3 is complete, which includes the tennis courts swimming pool, and clubhouse.
Commissioner Dearden moved to approve Contract C2010-18, a 2-year extension of the subdivision improvement agreement and the $21,867 financial guarantee for The Fairways at Wolf Creek PRUD Phase 3; Commissioner Zogmaister seconded, all voting aye.

5. Contract with the Division of Water Quality for a Planning Advance Agreement for South Fork Wastewater Study - Contract C2010-19

Chad Meyerhoffer, County Engineering, stated that this contract is for the State to provide funding for a wastewater study in the South Fork area of Ogden Valley. In December 2009 the application for this item went to the Division of Water Quality and this is the actual contract. The study is being done in conjunction with Huntsville Town. Mr. Meyerhoffer showed a map indicating the study area. The contract amount is $100,500, which is a grant that will be repaid once the construction is complete and the funding is secured through the State. Chair Bischoff noted that the entity constructing the facility will be responsible for the repayment.
Commissioner Zogmaister moved to approve Contract C2010-19 with the Division of Water Quality for a Planning Advance Agreement for South Fork wastewater study; Commissioner Dearden seconded, all voting aye.

 6. Discussion and/or action on a Business License Denial for the Spirit of the Valley

Angela Martin, County Engineering, stated that Engineering has made several unsuccessful attempts to reach the applicant, Marsha Rasmussen, who has an illegal accessory building (Yurt).

Engineering received a business license application from Ms. Rasmussen for a business known as the “Spirit of the Valley.” County Engineering visits these sites to ensure there are no problems or violations. The county’s Building Inspectors found that there is a building at the site for which there had been no building permit issued. Ms. Martin addressed Commissioner Zogmaister’s question stating that Ms. Rasmussen constructed the building first and then applied for a business license.
Commissioner Dearden moved to deny the business license for the Spirit of the Valley based on non compliance; Commissioner Zogmaister seconded, all voting aye.

7. Resolution appointing a member to the Board of Trustees of the Roy Water Conservancy District - Resolution 4-2010

David Wilson, Deputy County Attorney, stated that the legislative body of the county has the responsibility to make these appointments. Ms. Jensen, of the Commission Office, did the required advertizing but only one application was received–from Mr. Cottle, who has served as chair of this District. The District would like Mr. Cottle to be reappointed.
Commissioner Dearden moved to adopt Resolution 4-2010 appointing Jay Cottle to the Board of Trustees of the Roy Water Conservancy District; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

8. Resolution appointing a member to the Board of Weber Human Services - Resolution 5-2010

David Wilson, Deputy County Attorney, stated that Weber Human Services WHS) was created as an interlocal entity in the early 1990's. The interlocal agreement includes both Morgan and Weber Counties. Mr. Ritchie, who now represents the Aging Services, was recommended for reappointment by the WHS Board.
Commissioner Dearden moved to adopt Resolution 5-2010 appointing Joe Ritchie to the Board of Weber Human Services as the Aging Services representative; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

9. Request for resolution appointing members to the Plain City Cemetery Board

This item was held.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 2, 2010 at 10 a.m.

G. Public Comments: None
H. Close public 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 Dearden moved to close the public 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 Dearden aye
Chair Bischoff aye

No action was taken on the closed executive session.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:15 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor