Minutes for 2010-03-30, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 30, 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, County Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.

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

D. Presentation of a Proclamation honoring Intermountain McKay-Dee Hospital Center for its outstanding service to Weber County over the past 100 years

Chair Bischoff read the proclamation from the County Commission recognizing McKay Dee Hospital.
Tim Pehrson, the hospital’s operations officer, introduced all the present hospital staff and thanked the Commission for taking time out of their busy schedules to recognize McKay Dee Hospital. He noted that 100 years of service was certainly noteworthy and that the evolution of the three different hospitals have impacted many people. He said this is a tribute to the wonderful people of this community who made the hospitals possible and have given so much. Chair Bischoff spends time at the hospital visiting patients weekly and he regularly hears how well they are treated at the facility. Commissioner Zogmaister stated that there is great service going on quietly behind the scenes, that the hospital is very involved in the good quality of life in our community. Karen Burnett, McKay Dee board member, accepted the proclamation in behalf of the thousands of employees and volunteers, past and present, who have worked so hard to bring quality health care to Weber County. She invited the Commission to be part of their celebration during 2010.

E. Consent Items:
1. Purchase Orders in the amount of $129,065.31
2. Warrants #260330 - #260638 in the amount of $1,288,535.66
3. Minutes for the meeting held on March 16 23, 2010
4. New business licenses
Commissioner Dearden moved to approve the consent items with a correction to the date of the minutes; Commissioner Zogmaister seconded, all voting aye.

F. Action Items:

1. Contract with Sunrise Engineering for the Ogden Valley South Fork Wastewater Study to be done in conjunction with Huntsville Town - Contract C2010-57

Chad Meyerhoffer, of County Engineering, noted that on 1/26/2010 the Commission approved a contract with the Division of Water Quality for a Planning Advance Agreement for the South Fork wastewater study and this was the contract with the consultant engineer to do that work. He presented two minor contract language changes. Under “Term of Agreement” the language was changed to state that “this agreement may be extended” and under “Suspension of Services” the county added language that states “as negotiated by both parties.” Chair Bischoff asked if Sunrise concurred with these changes. Mr. Meyerhoff responded that Kevin Brown, of Sunrise, was present, and that they were fine with the changes.
Commissioner Dearden moved to approve Contract C2010-57 with Sunrise Engineering for the Ogden Valley South Fork Wastewater Study to be done in conjunction with Huntsville Town; Commissioner Zogmaister seconded, all voting aye.

 

2. Request to open an escrow account through the Utah State Treasurer’s Office for work to be done in the Upper Valley for a water study

John Bond, County Treasurer, stated that this item relates to the above item to hold those funds. This escrow is necessary to reimburse the county of all eligible expenses for the project.
Commissioner Zogmaister moved to approve the request to open an escrow account through the Utah State Treasurer’s Office for work to be done in the Ogden Valley for a wastewater study; Commissioner Dearden seconded, all voting aye.

 

3. Contract with U.S. Forest Service for a Cooperative Law Enforcement Agreement - Contract C2010-58

Kevin McLeod, of the County Sheriff’s Office, presented the modification of the contract with the U.S. Forest Service to increase the available funding by $3,402. These funds are a carry-over from last year.
Commissioner Dearden moved to approve Contract C2010-58, Modification of Grant Agreement with the U.S. Forest Service relating to a Cooperative Law Enforcement Agreement; Commissioner Zogmaister seconded, all voting aye.

 

4. Contract with Utah Department of Transportation for an Intersection Detection Upgrade at S.R. 126 (1900 West) and Midland Drive - Contract C2010-59

Nate Pierce, County Operations Department Director, stated that UDOT contacted the county stating that they are going to increase the illumination on this corner by adding a street light to an existing pole. There have been some traffic problems there and UDOT hopes that the increased illumination will help the situation. It is normal procedure when UDOT puts in street lights for UDOT and/or Rocky Mountain Power to incur the cost of installation and the local governmental entity pays the monthly light bill, which in this case is estimated to be less than $200/month.
Commissioner Zogmaister moved to approve Contract C2010-59 with Utah Department of Transportation for an intersection detection upgrade at S.R. 126 (1900 West) and Midland Drive; Commissioner Dearden seconded, all voting aye.

5. Request for Contract with Consolidated Engineering Laboratories for construction materials testing & construction inspection services for animal shelter expansion

This item was held.

6. Authorize the release of a Trust Deed and note for Ben Lomond Hotel Property and the execution of the necessary documents to complete the release

John Bond, County Treasurer, stated that recently the county was approached by a title company that was closing on a real estate deal for the Ben Lomond Hotel. It was discovered that documents had not been properly recorded relating to assigning ownership of certain parts of the hotel when it had been sold–initially it was sold under contract in 1996 and eventually paid off in 2003. Mr. Bond said that, according to Dan Olsen, County Comptroller, the county has been properly paid for the ownership it had in the hotel.

Mr. Bond invited Russell Maughan, of Home Abstract Title, to address this item. Mr. Maughan noted that Home Abstract was not the one originally involved in this issue but had now been asked to help facilitate getting a release of record. He said that Weber County sold its interest in April 1996 in the hotel (where some county offices had been located). In that sale a note was taken back for part of the sales price. That note was secured by a Trust Deed with Assignment of Rents secured against property the county sold to RSH, Ltd. Mr. Maughan had checked with the County Treasurer and the Clerk/Auditor’s Offices which had concurred that this note has been satisfied some time ago. He explained that in 2003, when the real estate closing occurred, where RSH, Ltd., sold to some local people, RSH LTD negotiated a payoff with the county, which received payment but the title company in Salt Lake City did not follow through with getting the necessary release documents.
Currently, a transfer of some of those suites is under way to the owner of the balance of the units by a local attorney. Mr. Maughan presented a Substitution of Trustee (substituting out the Weber County Clerk/Auditor as the trustee) and a Request for Reconveyance.

Commissioner Dearden noted that earlier in the meeting we had honored McKay Dee Hospital and that Home Abstract was even a little older. Mr. Maughan stated that his grandfather had started the business in 1908 and for 102 years they have been on the corner of 24th and Washington Blvd.
Commissioner Zogmaister moved to approve the Substitution of Trustee and the Request for Reconveyance and to authorize the Commission Chair to sign the documents; Commissioner Dearden seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 6, 2010, 10 a.m.

H. Public Comments: None

I. Request to adjourn to a closed meeting to discuss the character and competence of an individual, strategy related to pending or imminent litigation and also strategy related to the purchase or sale of real estate
Commissioner Dearden moved to adjourn to a closed meeting to discuss the character and competence of an individual, strategy related to pending or imminent litigation and also strategy related to the purchase or sale of real estate; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

 

No action was taken for the closed meeting.

J. Adjourn
Commissioner Dearden moved to adjourn at 11:22 a.m.; Commissioner Zogmaister seconded, all voting aye.

 

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