Minutes for 2010-03-02, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 2, 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; Dan Olsen, County Comptroller; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $622,244.37
2. Warrants #259454-259711 in the amount of $1,359,247.05
3. Minutes for the meeting held on February 23, 2010
4. Cancel public hearing scheduled for March 16, 2010, 6 p.m., regarding a requested amendment to Zoning Map of Weber County at the Powder Mountain Resort (Zoning Petition #18-2006)
Commissioner Dearden moved to approve the consent items and to move the 3/16/2010 Commission meeting time to 10 a.m.; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Utah Counties Insurance Pool to fund joint self-insurance, reinsurance, excess insurance, or other lawful manner, certain liabilities of member Utah counties - Resolution 9-2010, Contract C2010-33

David Wilson, Deputy County Attorney, noted that Weber County participates in the Utah Counties Insurance Pool for procuring general liability insurance, property insurance and workers compensation insurance and that this was an updated agreement. He outlined representation on the board including that the board is governed by 13 persons, the four larger counties always have the opportunity to be represented, and other trustees are elected by members of the 3rd, 4th, 5th and 6th class counties.
Commissioner Zogmaister moved to adopt Resolution 9-2010 approving Contract C2010-33, Fourth Amended Interlocal Cooperation Agreement with Utah Counties Insurance Pool relating to the establishment, funding and operation of Utah Counties Insurance Pool; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister: aye
Commissioner Dearden aye
Chair Bischoff aye

2. Contracts with the following cities for Animal Shelter Services:
Hooper City - Contract C2010-34
Huntsville City - Contract C2010-35
Marriott-Slaterville City - Contract C2010-36
Farr West City - Contract C2010-37
Harrisville City - Contract C2010-38

Reed Richards, Deputy County Attorney, noted that currently the county has agreements with a number of cities to handle their animal sheltering and collection services. These extend the current contracts for one additional year (through 6/30/2010) or until a new consolidated contract is signed. There are no changes from previous contracts.  Ogden City, Roy City and Weber County recently agreed to move forward with the Animal Shelter expansion project and negotiations are ongoing in an attempt to consolidate all animal sheltering operations in the county.

Mr. Richards suggested that a decision should be made when the new facility opens as to whether the county should continue to handle animal control or animal sheltering only. In the future it may be beneficial for the county to run the shelter but to contract with nearby cities to handle animal control for the unincorporated area because it is relatively small.
Commissioner Dearden moved to approve contracts with the following cities for Animal Shelter services: C2010-34, Hooper City; C2010-35, Huntsville City; C2010-36, Marriott-Slaterville City; C2010-37, Farr West City; and C2010-38, Harrisville City, effective 7/1/2009-6-30/2010; Commissioner Zogmaister seconded, all voting aye.

 

3. Request for Contract with Wadman Construction for construction on the Animal Control building

Reed Richards, Deputy County Attorney, outlined the process regarding the Animal Shelter expansion project, which commenced with Ogden City, Roy City and the county agreeing to engage an architectural firm. This was followed by Requests for Proposals to select the project managing entity, and Wadman Corporation was selected, which then bid for subcontractors. The two cities have approved the conceptual contract and amount and Nate Pierce, County Operations Director, presented that consolidated base bid of $2.851 million to the Commission on 2/16/2010. Mr. Richards noted that the Commission had not seen this contract. It is a standard architect’s contract and there are some minor items to finalize (i.e., the incinerator is anticipated to be purchased through the county so it does not have to pay sales tax). The contract term is six months.

Mike Sanders, of Sanders Associates Architects, explained that in order to be competitive, general conditions are written/assigned for a project on a monthly basis to operate it and if the project’s length is exceeded, it becomes a financial burden and liability to contractors because they lose money, therefore it is to the contractors benefit to finish the project timely. Mr. Richards said that in checking references, Wadman is a large local company and has a great reputation. Dan Olsen, County Comptroller, noted that next week the county is scheduled to issue bonds for the project. Regarding completion date, he expressed that employees wanted some certainty. Mr. Richards said that the project would clearly be completed by the end of the year. Additionally, Ogden City would be closing its shelter and was hoping that some of their good employees would be considered.

Mr. Richards said that it should be considered whether the Animal Shelter would run as a district or as a county department. He did not believe it should ever be considered as a taxing district, but rather as district that cannot tax but relies on a per animal assessment to the entities involved–this may put the county out of running this operation, and gives the cities input.

Commissioner Zogmaister asked if the county did not currently own an incinerator and Mr. Richards replied that was correct. Ogden City has one but it is grossly inadequate to handle the volume of the expanded facility. Research had been done into whether they should re-use Ogden City’s incinerator and continue using the landfill, but it was preferable to incinerate. Mr. Sanders concurred that Ogden City’s incinerator was old and totally inadequate to handle the volume, and said that the bid for a new one was acceptable at the cost of about $50,000.

Nate Pierce, County Operations Director, said that, even though the contract would not be signed until next week, every day delayed buying steel and other such items, has a significant affect on the project and the question had arisen whether it was appropriate to issue an order to proceed to Wadman to begin ordering those items. David Wilson, Deputy County Attorney, stated that normally the county does not issue orders to proceed, that is done in the contract when it is signed, and if Wadman orders now it is doing so at its risk, not the county’s.
4. Contract with ATC Associates for Assessment Monitoring and Statistical Analysis - Contract C2010-39

Gary Laird, of County Solid Waste Management, stated that the county has ongoing responsibility to monitor the ground water in/around the former landfill in west Ogden and has contracted with ATC in the past for the monitoring. Last year the bid package was sent to the wrong address and ATC was not able to continue that contract, and the county used a different company. The county bid it out this year and ATC was the lowest bidder. The total contract amount is $7,324.
Commissioner Zogmaister moved to approve Contract C2010-39 with ATC Associates for assessment monitoring and statistical analysis at the former landfill; Commissioner Dearden seconded, all voting aye.

5. Contract with Northern Utah Regional landfill Authority (NURLA) to remove Box Elder County from NURLA - Resolution 10-2010, Contract C2010-40

Gary Laird, of County Solid Waste Management, stated that Box Elder County had elected to leave NURLA and this was done administratively last year. This document removes Box Elder and some items as requested by the board relating to by-law elections, the $1.50 host fee that had been requested by Box Elder, etc. Wasatch Integrated Waste Management District already signed the contract and after the county signs, it will be sent to the remaining contractual party, Logan City.
Commissioner Dearden moved to adopt Resolution 10-2010, approving Contract C2010-40 with Northern Utah Regional landfill Authority to remove Box Elder County from NURLA; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

6. Resolution of the Commissioners of Weber County appointing a member to the West Weber Cemetery Board - Resolution 11-2010

Chair Bischoff said that this resolution was to remove one member because it was discovered that he lived just outside of the district.
Commissioner Zogmaister moved to adopt Resolution 11-2010 removing Roland Hadley and appointing Richard Favero to the West Weber Cemetery Board; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister: aye
Commissioner Dearden aye
Chair Bischoff aye

F. Public hearing:

1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearing; Commissioner Zogmaister seconded, all voting aye.

2. Public hearing regarding proposed amendments to the Weber County Zoning Ordinance, Chapter 1 General Provisions Section 6 Definitions

Ben Hatfield, County Planning Division, presented Planning staff’s request to amend this Chapter to clarify requirements relating to irregular shaped lots because it has been difficult to interpret definitions relating to setbacks. Planning staff reviewed other jurisdictions’ as well as the National American Planning Association’s regulations for irregular shaped lots. Additionally, the chapter was reviewed to improve other definitions and staff included minor changes as advised by both Planning Commissions in their work sessions. Both Planning Commissions recommended approval of this amendment. Chair Bischoff invited public comments and none were offered.

3. Commissioner Zogmaister moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

4. Action on public hearing:

F.2. amendments to the Zoning Ordinance, Chapter 1, General Provisions, Section 6, Definitions - Ordinance 2010-3
Commissioner Dearden moved to adopt Ordinance 2010-3 amending the Weber County Zoning Ordinance, Chapter 1, General Provisions, Section 6, Definitions; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister: aye
Commissioner Dearden aye
Chair Bischoff aye

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

H. Public Comments: None

Closed Executive Session
Commissioner Zogmaister moved to close the public meeting and convene a closed executive session to discuss the character, professional competence or mental health of an individual and strategy relating to pending/imminent litigation; Commissioner Dearden 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 the public meeting; Commissioner Zogmaister seconded, all voting aye.

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