Minutes for 2010-02-16, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 16, 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 $169,330.26
2. Warrants #258964 - #259172 in the amount of $2,189,736.18
3. Minutes for the meeting held on February 9, 2010
4. New business licenses
5. New beer licenses
6. Tax Review Committee recommendations to deny refunds on the following: 0-024-0016, 5128
7. Set March 9, 2010, 10 a.m. for a public hearing regarding amending the County Zoning Ordinance by creating a new chapter 45, Planning Commission
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with the National Cutting Horse Association to facilitate 11 days of championship cutting each year for 5 years at the Golden Spike Event Center - Contract C2010-26

Jim Harvey, GSEC, presented this contract, which will have a very positive economic impact of about $1.8 million/year.
Commissioner Zogmaister moved to approve Contract C2010-26 with the National Cutting Horse Association to facilitate 11 days of championship cutting each year for 5 years at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

 

2. Contract with Acorn Productions for an Antique Show to be held at the Golden Spike Event on February 20 and 21, 2010 - C2010-27

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2010-27 with Acorn Productions for an antique show to be held at the Golden Spike Event on February 20-21, 2010; Commissioner Zogmaister seconded, all voting aye.

 

3. Contract with Salzburger Echo to provide sound and entertainment at the 2011 Hof German Winterfest to be held at the Golden Spike Event Center - C2010-28

Jim Harvey, GSEC, presented this standard contract in the amount of $2,400.
Commissioner Zogmaister moved to approve Contract C2010-28 with Salzburger Echo to provide sound and entertainment at the 2011 Hof German Winterfest to be held at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

 

4. Contract with TRAX AV to provide sound and entertainment at the 2011 Hof German Winterfest to be held at the Golden Spike Event Center - Contract C2010-29

Jim Harvey, GSEC, presented this standard contract in the amount of $2,500.
Commissioner Dearden moved to approve Contract C2010-29 with TRAX AV to provide sound and entertainment at the 2011 Hof German Winterfest to be held at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.

 

5. Contract with Utah State Cutter & Chariot Association for weekend races on the dates of February 27-28, 2010 at the Golden Spike Event Center - C2010-30

Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to approve Contract C2010-30 with Utah State Cutter & Chariot Association for weekend races on February 27-28, 2010 at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

 

6. Contract with Ogden Publishing Corporation for the Standard Examiner Home & Garden Show for the dates of March 3-7, 2010 at the Golden Spike Event Center - Contract C2010-31

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2010-31 with Ogden Publishing Corporation for the Standard Examiner Home & Garden Show for March 3-7, 2010 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.

 

7. Approval of a three month temporary exception for the heliport at Red Moose Lodge

Commissioner Zogmaister stated that the county received calls from some citizens expressing concerns about the helicopter activity at Red Moose Lodge. The investigation resulted in discovering that Wolf Creek did not have a conditional use permit to operate the heliport. This operation had recently been moved from Powder Mountain. The county followed the same procedure for all complaints and informed Red Moose Lodge that they could not operate without a permit and also what they needed to do to comply.

Upon learning that they were the responsible party for getting that conditional use permit, Wolf Creek came to the county and begin the process to obtain it. Because of existing contracts, the business wishes to continue operating. The county felt it was a reasonable request because they had been operating in the Ogden Valley for several years and were in compliance with federal and other regulations. The commissioners determined that a temporary exception was appropriate and granted it, which allows them to continue operating as they work towards bringing their activity into compliance. Commissioner Zogmaister stated that this is the procedure that the county has followed in the past because the goal is to help bring people into compliance. This item is to ratify the requested 3-month temporary exception. The process will continue for the conditional use permit and the item will be heard by the Planning Commission on 2/23/2010, where the public can give input.
Commissioner Zogmaister moved to ratify the three month temporary exception for the heliport at Red Moose Lodge; Commissioner Dearden seconded, all voting aye.

8. Resolution of the County Commissioners of Weber County confirming the appointment of Joe H. Ritchie to the Governing Board of Weber Human Services (WHS) - Resolution 8-2010

David Wilson, Deputy County Attorney, explained the process for making appointments to WHS, which includes that WHS gives Weber County the names, the Commission approves a name, sends it up to Morgan County, which approves it or sends a request for more names.
Weber County had sent the name of Mayor Joe Ritchie to Morgan County, which approved it.
Commissioner Dearden moved to adopt Resolution 8-2010 confirming the appointment of Joe H. Ritchie to the Governing Board of Weber Human Services; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

9. Approval of the construction bid for the Animal Services expansion and authorize a contract to be prepared in order to proceed with the project

Nate Pierce, County Operations Director, stated that this had been a long process and explained that several months ago Weber County was approached by Ogden City and Roy City about the possibility of consolidating animal services operations for the county.

It was determined at that time to jointly hire an architectural firm to conduct an initial feasibility study and develop some preliminary costs associated with the proposed facility. Sanders Associates Architects was hired and utilizing the data from all the jurisdictions, a model was created to help determine how large the facility needed to be. At that point the three parties agreed to proceed with architectural drawings and to solicit bids for a construction manager/general contractor and Wadman Corporation was selected. Wadman received bids from the subcontractors and the three parties met with Wadman to review the subcontractor list and identify those that were acceptable. Bids were received from those subcontractors and the lowest bidders and most responsible were selected.

Mr. Pierce presented the consolidated base bid of $2.851 million with the identified alternates that the committee felt need to be included in the animal services expansion–architectural fees, bond cost estimates, soils testing, the 3% contingency fee, permit estimates, testing, etc.– for a total construction cost of $3,199.958. Contract languages calls for each entity to go back to their decision-making bodies for final approval once construction costs are received, and if any entity determines they do not wish to participate, they will withdraw and the project will not be done. This proposed amount was to go before Roy City council and the Ogden City mayor this week. Mr. Pierce pointed out that there was still the possibility that one partner could pull out, which would kill the project. Commissioner Zogmaister noted that different figures had been entertained prior to receiving the final cost of $3.199 million and she asked if the current fee schedule could cover the cost sufficiently by the partners. Mr. Pierce responded that the county’s expectation was that the two partners had to cover the cost of bond defeasance, that they agreed they were the two responsible parties to make those payments and this was the reason for the final figure to be presented to the decision-making bodies.
Commissioner Zogmaister moved to approve the construction bid for the Animal Services expansion and authorize a contract to be prepared in order to proceed with the project; Commissioner Dearden seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 23, 2010, 10 a.m.

G. Public Comments:

(See item E.7 above.) Shana Francis, of Eden, asked about temporary exceptions. The ordinance states that the commissioners can grant them if they are justified because of some unusual emergency act of God situation and she asked if that was the one the commissioners were following. David Wilson, Deputy County Attorney, said that his preference was that the Planning Division withdraw the cease and desist order and the Planning Division had come up with an alternate that the Commission could consider and this was deemed an unusual circumstance. Ms. Francis reiterated that it did not say unusual emergency or act of God. Mr. Wilson said that had been debated and the intent was as Commissioner Zogmaister described it–the county’s efforts conform in helping to bring people into compliance unless there is an immediate health, safety or welfare issue.
It was legal’s opinion that they could withdraw the cease and desist under this basis and give them the opportunity to comply. Ms. Francis said that this was a broad abuse of the ordinance. Mr. Wilson asked if she would have been more comfortable if Planning had withdrawn the cease and desist and just let them apply for a conditional use permit or if her objection was that they should not have a conditional use permit and should not go through the process that the Commission outlined to move forward. Ms. Francis felt that they should go through the proper laws/ordinances as anyone else would have been required, that they should not have been granted exceptions to the law, and this exception went beyond the law. Mr. Wilson said that on enforcement issues the question is whether to shut down as many people as possible or allow them to continue and bring them into compliance. Ms. Francis wanted a level playing field for everyone. She also asked whether the temporary permit was a hard copy and if in the consideration of this item the county had looked at the federal regulations and whether they were at stage I, II or III noise level for helicopters. Commissioner Zogmaister responded that it was a verbal communication and they had looked at whether there was a health or safety issue and it was determined there was not, and all those issues would be considered at the public hearing.

Ron Gleason, of Huntsville, said that he supported what Diamond Peaks is doing for the Ogden Valley. He asked for the definition of helipad or where it was located in the county ordinance and was directed to the Planning Division.

Closed Executive Session on strategy related to imminent or ongoing litigation
Commissioner Dearden moved to close the public meeting and convene a closed executive session relating to strategy on pending or imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

No action was taken on the closed session.

H. Adjourn
Commissioner Dearden moved to adjourn at 11:18 a.m.; Commissioner Zogmaister seconded, all voting aye.

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