Minutes for 2010-02-02, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 2, 2010 - 10:05 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 - Fátima Fernelius
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $558,773.50
2. Warrants #258515-258808 in the amount of $1,688,593.12
3. Minutes for the meeting held on January 26, 2010
4. New business licenses
5. New beer licenses
6. Severance Agreement by/between Weber County and Gloria Berrett - Contract C2010-20
7. Retirement Agreement by/between Weber County and Terry Shaw - item was held
Commissioner Dearden moved to approve the consent items, holding item D.7; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Approval of a petition to release funds held in Strike Force evidence

Dee Smith, County Attorney, stated that every week Strike Force officers make several drug-related arrests and it is common for them to seize money associated with illegal drug activity. There are current procedures in the Strike Force and the County Attorney’s Office to ensure that current forfeiture law is followed. However, sometimes there is money that falls outside of the forfeiture laws. The Weber-Morgan Narcotic Strike Force petitioned the Commission for appropriation of the $117,981 currently held in evidence in order to continue fighting drug abuse. Strike Force agents are not aware of any claims for the money and are not able to locate owners of this money. Utah Code 77-24-4 allows conversion of the funds to a public interest. Lt. Darin Parke, of the Strike Force, stated that the cost of buying street drugs had doubled and he outlined the purpose for the money in fighting drug abuse.
Commissioner Zogmaister moved to approve the petition to release funds in the amount of $117,981 held in the Strike Force evidence; Commissioner Dearden seconded, all voting aye.

2. Contract with Premier Cleaning Service for janitorial services - Contract C2010-21

Doug Dickens, of County Operations, stated that this amended last year’s contract and the first 1-year extension to include additional space to be serviced within the Weber Center. Mr. Dickens said that this was a temporary expenditure and the increase was $468/month.
Commissioner Dearden moved to approve Contract C2010-21 with Premier Cleaning Service for janitorial services; Commissioner Zogmaister seconded, all voting aye.

 3. Action on public hearing held December 22, 2009 to amend the Zoning Ordinance Chapter 4-A Gravel G-2 Zone to allow Contractor Equipment Storage - Ordinance 2010-1

Jim Gentry, of the County Planning Division, noted that the Commission held a public hearing on 12/22/2009 to consider adding contractor equipment storage as a permitted use in the Gravel G-2 Zone. Subsequently, staff met with some of the individuals that had commented at that hearing. Their issues were not with this ordinance but with other sections of the Zoning Ordinance and those will be addressed in a Planning Commission work session. This approves the ordinance that was presented on 12/22/2009.
Commissioner Zogmaister moved to adopt Ordinance 2010-1 amending the Zoning Ordinance, Chapter 4-A, Gravel Zone G-2 by adding Contractor Storage Yard as a permitted use; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

4. Approval of the Internet Usage and Security Policy 17.3

Leonard Call, County Information Technology Department Director, stated that these three policies had been submitted to elected officials and department heads for review and reflected their comments. This amendment includes language relating to social networking sites.
Commissioner Dearden moved to approve the Internet Usage and Security Policy; Commissioner Zogmaister seconded, all voting aye.

5. Approval of the PDA and BlackBerry Usage Policy 17.5

Leonard Call, County Information Technology Department Director, presented this policy.
Commissioner Zogmaister moved to approve the PDA and BlackBerry Usage Policy; Commissioner Dearden seconded, all voting aye.

6. Approval of the Electronic Media Sanitization Policy 17.6

Leonard Call, County Information Technology Department Director, stated that the county has been following this policy but the Bureau of Criminal Identification asked that it be formalized into a policy.
Commissioner Dearden moved to approve the Electronic Media Sanitization Policy; Commissioner Zogmaister seconded, all voting aye.

7. First Amendment to the Real Estate Purchase Agreement by/between Weber County and Moulding Investments, LLC - Contract C2010-22

Gary Laird, of County Solid Waste Management, stated that the Commission approved a Real Estate Purchase Agreement in 12/2008 with Randy Moulding to purchase property for a construction and demolition (C&D) landfill. There had been several legal proceedings since that time and an amendment was necessary to move forward with the project. This amendment has three basic changes to the original contract. In the proceedings, the county moved forward to obtain access to the property which was a requirement of the seller in the original contract. It became necessary to use eminent domain to get that property and the cost for that responsibility has been transferred to the seller. There is a possibility of some separation or other damages that the county would have to pay for and this provides a mechanism to pay for those. There are clauses that allow the county to move forward with the contract even though there was a deadline for a due diligence action that could not occur until some of these other items were processed and that these items will survive the closing.
Commissioner Dearden moved to approve Contract C2010-22, First Amendment to the Real Estate Purchase Agreement with Moulding Investments, LLC; Commissioner Zogmaister seconded, all voting aye.

 

8. Contract with Connex Information Systems to provide software for record keeping and accounting of pay for stay services as well as bail and commissary receipting - Contract C2010-23

Steffani Ebert, of the County Sheriff’s Department, stated that this contract enables collection of revenue that is put into the Sheriff’s Office budget. There is no cost for the use of the software unless the Sheriff’s Office collects money from the inmates.
Commissioner Zogmaister moved to approve Contract C2010-23 with Connex Information Systems to provide software for record keeping and accounting of pay for stay services as well as bail and commissary receipting; Commissioner Dearden seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 9, 2010, 10 a.m.

G. Public Comments:

Brice Penrod, President of Counterpoint Construction, became aware on Friday of the first amendment to the landfill agreement and David Wilson, Deputy County Attorney, had provided him with a copy. He said that the Penrods protest the amendment approved today and the Real Estate Purchase Agreement because the county failed to follow the CLUDMA mandates in getting a modification of the general plan. They also contend that the old contract is void and not subject to amendment and protest the Management Agreement because the county failed to follow its own procurement regulations. He said that statutes of limitation do not apply when one fails to follow the rules. About a year ago the Penrods had been told by the landfill manager that if they did not sell the road, the county would take it by eminent domain, and they had been fighting this since that time. He said that until Friday the Penrods did not know they would be paying the county to take the road on Moulding’s behalf and were against that completely and did not think any portion of eminent domain authority should ever be available for hire of a private entity.

H. Close the public meeting to discuss pending or reasonably imminent litigation
Commissioner Dearden moved to close the public meeting to discuss pending or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

There was no action taken on the closed executive session.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:20 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor