Minutes for 2010-06-15, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 15, 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, of the Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Dan Olsen
C. Thought of the Day - Commissioner Dearden
D. Consent Items:
1. Purchase Orders in the amount of $271,604.38
2. Warrants #262783-262998 in the amount of $1,808,503.91
3. Minutes for the meeting held on June 8, 2010
4. New business licenses
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.
E. Action Items:
1. Contract with Brad Bonar Jr. to perform a Magic and Comedy Act at the 2010 Weber County Fair - Contract C2010-132
Jan Wilson, Weber County Fair, presented this contract in the amount of $1,500. Chair Bischoff noted that the contractor had not checked a Worker’s Compensation option in the contract. Ms. Wilson stated that she would contact Mr. Bonar.
Commissioner Zogmaister moved to approve Contract C2010-132 with Brad Bonar Jr. to perform a magic and comedy act at the 2010 Weber County Fair, contingent upon Mr. Bohar completing the worker’s compensation section of the contract; Commissioner Dearden seconded, all voting aye.
2. Ratification of Weber County Tax Sale held May 20, 2010
Roger Brunker, Clerk/Auditor’s Office, noted the statutory requirement for the county to hold an annual tax sale. This year the process started with about 170 properties, and through a lot of work by county staff, the final tax sale list consisted of 17. Of the 17, four were struck off to the county and the remaining were sold. Those contesting the sale have 10 days to write to the County Commission. One was contested and Commissioner Zogmaister noted that it was the purchaser. The Recorder’s Office has two addresses on their screen–one is the mailing address, the other is the property address. Regarding the property in question, the mailing address was both in the mailing and in the property address. In county disclosures potential buyers are repeatedly warned that they need to have done due diligence and that it is a buyer-beware market. Legal counsel determined that the county may wish to not pursue this for the small dollar amount the county would receive ($329) for the taxes.
Commissioner Dearden moved to ratify the Weber County tax sale properties with the exception of LSN 19-075-0015; Commissioner Zogmaister seconded, all voting aye.
3. Fourth Amendment to the contract with ECDC Environmental, L.C., for solid waste transportation and disposal - Contract C2010-133
Gary Laird, of County Solid Waste Management, said that the contract is with ECDC but Allied Waste had purchased this contract some time ago. He explained that the county initiated the contract with ECDC for rail hauling to east Carbon but in 2003-2004 rail became unmanageable–waste was not getting in/out of the county’s facility at a reasonable rate. Allied Waste proposed converting to a truck hauling operation and at that time Amendment 3 to the contract was signed, with a new tipping fee of $22. Not knowing future fuel costs, a fuel surcharge was set at that time–for every $0.10 increase above $2/gallon, the tipping fee would increase $0.14/ton. There was also an inflation factor–the county would pay the Consumer Price Index (CPI) less what it had to pay for fuel surcharge, so that if fuel costs increased a few cents/year, the contract would still have an inflation factor. However, it was not anticipated that fuel would increase from $2-4$/gallon in two years. The contractor did not received any CPI increase because the fuel surcharges had previously exceeded the CPI.
In lieu of a CPI adjustment, the Transportation & Disposal (T&D) fee will now increase annually on June 1st of each year by 1.9%, beginning 6/1/2010. Additionally, the disposal fee will be adjusted as follows: for every $0.10 fuel increase over $2, a fuel surcharge of $0.115/ton will be added to the T&D fee. For every $0.10 adjustment in the fuel cost under $2, the Disposal Fee will be adjusted by $0.115/ton.
Commissioner Dearden noted that diesel has not been below $2 for a very long time and does not anticipate it will go below that and asked why the rate has not been changed and Mr. Laird responded that the base rate would also need to be increased, thus it worked out to the same in dollars. Commissioner Dearden asked why the county did not pay actual cost for fuel and Mr. Laird explained that it had been considered, however, our county uses the same trucks that the Salt Lake and Utah County Transfer Stations use and it would be difficult to keep track of the fuel that Weber County purchases versus the fuel they use. Mr. Laird had asked Allied for the actual costs over the last 5 years and it is $0.115. He said that the county has now reduced the fuel surcharge to a purely pass through. The fuel surcharge is reviewed monthly.
Commissioner Zogmaister moved to approve Contract C2010-133, Fourth Amendment to the contract with ECDC Environmental, L.C., for solid waste transportation and disposal; Commissioner Dearden seconded, all voting aye.
4. Interlocal Agreement with Wasatch Integrated Management District authorizing Weber County to receive construction and demolition (C&D) waste generated within the District boundaries - Contract C2010-134
Gary Laird, of Weber County Solid Waste Management, stated that Weber County’s C&D landfill permit allows out-of-county waste to be disposed in Weber County only upon written agreement with a governmental entity and approval from the Utah Division of Solid & Hazardous Waste. Several Davis County cities had contacted him about utilizing the facility and this contract covers all of Davis County, except the City of Bountiful, which has its own facility. This requires charging the same fee that the county would charge its own customers for the waste.
Commissioner Dearden moved to approve Contract C2010-134, Interlocal Agreement with Wasatch Integrated Management District authorizing Weber County to receive construction and demolition (C&D) waste generated within the District boundaries; Commissioner Zogmaister seconded, all voting aye.
5. Final approval of Greg Stowe Subdivision (1 lot) with the request for a deferral of curb, gutter, and sidewalk
Justin Morris, of County Planning Division, stated that access to this lot is along 2975 W., which is a substandard private road. A covenant will be recorded with the lot which states that when 80% of the original 32 lots of Bay View Ranchettes are approved, the owner agrees to accept responsibility together with other owners fronting the substandard road to bring it up to county road standards.
The applicant is requesting curb, gutter and sidewalk deferral along the frontage and this subdivision is not within 1½ miles of a school. The Weber Fire District required one fire hydrant which has been installed. The subdivision meets the Subdivision and Zoning Ordinance requirements. The Western Weber Planning Commission recommended final approval with deferral of curb, gutter and sidewalk on 2/9/2010.
Commissioner Zogmaister moved to grant final approval of Greg Stowe Subdivision (1 lot) with deferral of curb, gutter, and sidewalk; Commissioner Dearden seconded, all voting aye.
6. Final approval of Sleepy Hollow Subdivision (1 lot)
Sean Wilkinson, of County Planning Division, stated that this subdivision is located in the Ogden Canyon and is an amendment to lots 15 and 16 of Block 11 of the original Hermitage Subdivision. The amendment consists of adding these lots to adjacent property to create a new 1.14 acre lot, and follows Zoning Ordinance, Chapter 28-14, which states that the combination of these lots has to go through the subdivision process and all of the adjoining legal, legal non-conforming and/or non- conforming parcels under common ownership have to be brought together, and the combination cannot result in any illegal divisions of land. The requirements have been met.
Mr. Wilkinson said that this subdivision was somewhat interesting with its topography and access points. It has frontage on the Ogden Canyon Road but it is impossible to access off that road because of the steep slopes, thus access comes through the Hermitage Subdivision on an existing dedicated 14.5 foot wide roadway, that is not improved and was the original road for that subdivision, recorded in 1919. It is a legal access. This is a restricted lot, which means there are steep slopes associated with it and a buildable area could not be found that met the requirements in order for it to not be a restricted lot. The lot has to go through a hillside review in order for a home to be built on it. The Ogden Valley Planning Commission recommended final approval of Sleepy Hollow Subdivision on 1/26/2010. It meets all the requirements of the Subdivision and Zoning Ordinances. Later in this meeting lots 15 and 16 of the Hermitage Subdivision will be vacated.
Mr. Wilkinson addressed Commissioner Zogmaister’s question stating that currently there are no houses on any of these lots; formerly there was one but it was removed years ago.
Commissioner Dearden moved to grant final approval of Sleepy Hollow Subdivision (1 lot); Commissioner Zogmaister seconded, all voting aye.
7. Road maintenance agreement with Plain City - Contract C2010-135
Kelly Hipwell, County Roads Department, presented this contract renewal to assist the City with road work.
Commissioner Zogmaister moved to approve Contract C2010-135, Interlocal Agreement with Plain City to provide road maintenance services to the city; Commissioner Dearden seconded, all voting aye.
8. contract with Multiple Region 14 Entities to provide joint training area wide - Contract C2010-135
Chief Deputy Terry Thompson, Weber County Sheriff’s Office, stated that this is an ongoing contract with Region 14 Training that provides training for the entire region. There are no changes.
Commissioner Dearden moved to approve Contract C2010-136 contract with Multiple Region 14 Entities to provide joint training area wide; Commissioner Zogmaister seconded, all voting aye.
9. Request for a Resolution of the Commissioners of Weber County appointing members to the Ogden Valley Planning Commission
Rob Scott, County Planning Division Director, stated there were two vacancies and four applications were received. Chair Bischoff noted that the Commission had questions because some of the addresses on the applications showed Huntsville and they wanted to ensure they were not residents of the City. Mr. Scott said that they lived in unincorporated Weber County. Ernest Rowley, County Recorder/Surveyor, stated that the two addresses are not in the City.
Commissioner Zogmaister stated that one of the applicants came highly recommended by several area residents. She had called those residents to discuss the recommendations and Laura Warburton had been highly recommended by several individuals. Commissioner Dearden knew three of the four applicants. The Commission desired to go through an interview process and no action was taken.
F. Public hearing:
1.Commissioner Dearden moved to adjourn the public meeting and convene a public hearing; Commissioner Zogmaister seconded, all voting aye.
2. Discussion and/or action on a public hearing regarding the vacation of Lots 15 and 16 of Block 11 of the Hermitage of Ogden Canyon
See item E.6. above. Sean Wilkinson, of County Planning Division, stated that these two lots were being incorporated into a larger 1-lot subdivision. Chair Bischoff invited public comment 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.-Vacation of Lots 15 & 16 of Block 11 of the Hermitage of Ogden Canyon - Ordinance 2010-11
Commissioner Zogmaister moved to adopt Ordinance 2010-11 vacating lots 15 and 16 of Block 11 of the Hermitage of Ogden Canyon; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 22, 2010, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Zogmaister moved to adjourn at 10:48 a.m.; Commissioner Dearden seconded, all voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor