Minutes for 2010-02-09, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 9, 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: David C. Wilson, Deputy County Attorney; Douglas Larsen, Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $209,234.88
2. Warrants #258809 - #258963 in the amount of $1,009,934.54
3. Minutes for the meeting held on February 9, 2010
4. Surplus a 1998 Chevy Malibu from the Weber-Morgan Health Department
5. Surplus several items from Weber-Morgan Health Department (Clinical Nursing Services Division)
6. Surplus a Canon Image Runner copier and two toner refills from the Weber County Ice Sheet
7. Surplus 27 self contained breathing apparatuses from the Weber County Sheriff’s Office
8. ACH payment to US Bank in the amount of $54,413.37 for purchasing card transactions made through the billing cycle ending January 15, 2010
9. Set public hearing for March 2, 2010, 10:00 a.m., in regard to a zoning petition to amend the Weber County Zoning Ordinance, Chapter 1, General Provisions, Section 6, Definitions
Commissioner Zogmaister moved to approve the consent items with a date correction to item D.3–date should be February 2, 2010; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Approval of the Weber County 401K Match Policy

Julie Combe, Human Resources Department, presented this county employee policy. Eligible employees may receive a matching contribution from the county for every dollar they contribute to a 401(k) retirement account up to 2% of the employee’s gross compensation in a calendar year. The policy takes effect with the first payroll in April 2010. Chair Bischoff clarified that there would be no county portion if the employee decided not to match the 2%. Notification to employees of the change will be by email, on the county’s payroll site, on the pay stub voucher, in the county’s newsletter, and with the benefit letter.
Commissioner Dearden moved to approve the Weber County 401K Match Policy; Commissioner Zogmaister seconded, all voting aye.

2. Contract with Utah Engineering to provide two maintenance services annually on the HVAC system in Recreation Hall - Contract C2010-24

Jennifer Graham, County Recreation Facilities Director, presented this contract. She addressed Chair Bischoff’s questions about the cost, which is $880/year.
Commissioner Zogmaister moved to approve Contract C2010-24 with Utah Engineering to provide two maintenance services annually on the HVAC system in the Recreation Hall; Commissioner Dearden seconded, all voting aye.

3. Contract with Schmitt, Griffiths, Smith & Co., P.C. for Independent Audit Services for Calendar Year 2009 - Contract C2010-25

Eric Barrett, Clerk/Auditor’s Office, stated that the county entered into an agreement with this firm in 2007 for audit services and it requires an engagement letter each year.
Commissioner Dearden moved to approve Contract C2010-25 with Schmitt, Griffiths, Smith & Co., P.C. for independent audit services for calendar year 2009; Commissioner Zogmaister seconded, all voting aye.

4. First reading of an ordinance of the Commissioners of Weber County adopting a maximum operating capacity and inmate retention guidelines for the Weber County Correctional Facilities

(See related item below.) Reed Richards, Deputy County Attorney, stated that this item has been reviewed statewide and by Weber County for several years and he gave some history. For many years the responsibility to pay for and house State inmates in the Weber County jail as a condition of felony probation, has been a shared obligation between the county and the State. The county has experienced a large increase in the number going to jail as a condition of probation over the last 10+ years. The State has (up until 7/2009) given counties money to help offset these costs. It was agreed on a 50/50 share of the cost based on the State cost of incarceration. However, the State has never paid the 50%. Up until this year, the State paid about 42% of the total amount and although this was not the agreement, it was enough to reasonably run the jails across the State. For this fiscal year, that amount (which statewide had been about $11 million) was reduced to about $6.5 million and resulted in about $1 million loss of revenue for Weber County. The determination was made that the county could operate as is for the first six months, which the county has done and the money allocated by the legislature has been completely spent. Now counties in the State are faced with this problem. Mr. Richards offered two options: raise taxes in the county or reduce expenses.

Pursuant to UCA 17-22-5.5(2), this ordinance sets a Jail Population Management Plan for the county. It establishes a maximum operating capacity for the jails (968) and the number of inmates to be housed in the jails in each designated category so that the county will meet the needs of the community and also appropriately budget for correctional facility operation. Specifics of that plan will be implemented by a policy adopted by the jail. Mr. Richards said that the Commission did not need to act on the plan, only on the ordinance. Utah, Davis, Salt Lake and Weber Counties house 70% of the condition of felony probation inmates. Utah and Davis counties are adopting similar ordinances/resolutions and others have committed to do the same in order to manage the inmate population so they don’t have to raise taxes to house those inmates. This includes Cache and Washington counties (which house about10% of that population). Mr. Richards outlined the categories of space that has to be retained in the jails and the obligations for housing inmates pre-trial, misdemeanors, contracts with cities, with Immigration, etc.
Commissioner Zogmaister moved to approve the first reading of an ordinance adopting a maximum operating capacity and inmate retention guidelines for the Weber County Correctional Facilities; Commissioner Dearden seconded, all voting aye.

5. Approval of the Weber County Sheriff’s Office Jail Population Management Plan

(See related item above.) Reed Richards, Deputy County Attorney, presented this as an information item. Undersheriff Kevin McLeod stated that this Plan was to manage the categories of inmates and the category limits that Mr. Richards had outlined per the above ordinance. Inmate numbers are adjusted within their category. Weber County Sheriff Brad Slater stated that the staffing numbers are driven by dollars and inmate numbers are driven by appropriate staffing levels. The county’s intent is to provide adequate housing to manage inmates and to maintain a certain level of program beds.
Sheriff Slater also stated that the county was not doing away with all condition of probation inmates, that under this plan there are a good number of these beds available to meet the needs of the local community. Mr. Richards said that currently there are significantly more condition of probation inmates than the category limit of 115 stipulated in the ordinance and that number needs to be reduced. Staff met with judges and presented this plan to make them aware of the situation and that the county will be taking this action. Mr. Richards outlined the different sentencing procedures available to judges to help accomplish the goal. Inmates may be released based upon guidelines set by the jail or by sentencing procedures. Commissioner Zogmaister asked if there was any idea how long it would be before the category limit would be reached and Mr. Richards and Undersheriff Mcleod said that they had been working on this issue for some time and believed they could get to that level by the end of the month. Commissioner Zogmaister said that when they met with the judges it had been a very positive meeting; they recognized the budget situation in our county as well as that of other counties.

6. Resolution of the Commissioners of Weber County appointing three members to the West Weber-Taylor Cemetery Maintenance District - Resolution 6-2010

Chair Bischoff stated that three applications had been received. Commissioner Zogmaister noted that three terms had expired and that the board could have up to five members, however, could function with three.
Commissioner Dearden moved to adopt Resolution 6-2010 appointing Roland Hadley, Larry Blanch and Larry Leavitt to the West Weber-Taylor Cemetery Maintenance District to 4-year terms beginning immediately and ending 12/31/2013; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

7. Resolution of the Commissioners of Weber County appointing two members to the Plain City Cemetery Maintenance District - Resolution 7-2010

Chair Bischoff stated that three members were being reappointed and two others needed to be appointed. The commissioners discussed the applicants and only Commissioner Zogmaister was familiar with one of the applicants, Monette Panter, who serves on the Bona Vista Water Improvement District. She felt confident Ms. Panter would serve well on this board and noted that Jeffrey East’s application indicated he volunteers for Plain City. The commissioners asked if the applicants were present but they were not.
Commissioner Dearden moved to adopt Resolution 7-2010 re-appointing H.R. Hale and Brent White through 12/31/2012, Paul Hodson to fill an existing vacancy through 12/31/2012, and appointing Monette Panter and Jeffrey East to serve through 12/31/2013 in the Plain City Cemetery Maintenance District; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 16, 2010, 10 a.m.

G. Public Comments: None

 Close Public Meeting relating to strategy relating to pending or reasonably imminent litigation
Commissioner Dearden moved to close the public meeting and convene a closed executive session relating to pending or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

No action taken on the closed session.

H. Adjourn
Commissioner Dearden moved to adjourn at 11:40 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission Alan D. McEwan, CPA
Weber County Clerk/Auditor