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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPENSES. All costs incurred for the response, containment and/or removal and disposal of hazardous materials on initial remedial action. It includes, but is not necessarily limited to, the actual labor costs of government and other personnel, including workers’ compensation benefits, fringe benefits, administrative overhead and any costs of equipment, equipment operation, materials, disposal and any contract labor or materials.
HAZARDOUS MATERIALS EMERGENCY. A sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat.
(B) Recovery of expenses.
(1) Those persons or entities whose negligent or intentional actions cause or create, in whole or in part, a hazardous materials emergency within the boundaries of the county is liable to the county for all costs and expenses incurred in or arising from response to such hazardous materials emergency by the county and any other political subdivision, agency or cooperative entity. The county shall recover all such costs and expenses, including reasonable attorneys fees, litigation expenses and court costs incurred in, related to or arising out of, all cost recovery efforts and enforcement of the terms of this section.
(2) All costs and expenses shall be billed at the current rate established and approved by resolution of the Executive Committee of the Interlocal Agreement for Cooperative Hazardous Materials Protection and Services.
(3) The payment of expenses under this section does not constitute an admission of liability or negligence in any legal action for damages.
(C) Cost recovery procedure.
(1) The county shall investigate and determine the person or entity responsible for causing or creating the hazardous materials emergency and shall notify the responsible party in writing of said determination of responsibility and the amount of costs and expenses incurred by the county in responding to the hazardous materials emergency.
(2) The notice required by division (C)(1) above shall specify that the party determined to be responsible for causing or creating the hazardous materials emergency has the right to appeal the decision determining responsibility to the governing body of the county and shall specify a deadline for filing the notice of appeal and the person or office in which it must be filed. The deadline for filing the notice of appeal shall not be less than 15 days from the date of the notice.
(3) In the event a notice of appeal is filed, the hearing before the governing body shall be an informal public hearing, and the parties shall not be required to adhere to the State Rules of Civil Procedure or evidence. The appealing party and the county shall each be entitled to present evidence and argument in support of their respective positions, in accordance with procedures established at the hearing by the governing body.
(4) The decision of the governing body shall be final.
(D) Action to recover costs. In the event the responsible party fails or refuses to pay all of the costs and expenses determined by the county related to or arising out of the county’s response to the hazardous materials emergency within 30 days after assessment or after the governing body’s decision on an appeal, the county may initiate a legal action to recover such costs, including reasonable attorney’s fees and costs.
(E) Expenses of other responding entities.
(1) In the event that personnel and equipment from other political subdivisions, agencies or cooperative entities shall respond to assist with the hazardous materials emergency, then the county shall recover costs and expenses incurred by such other political subdivisions, agencies or cooperative entities as part of county’s cost recovery efforts.
(2) Upon recovery of costs and expenses from the responsible party, the county is authorized to reimburse such other political subdivisions, agencies or cooperative entities for their actual costs incurred in responding to the hazardous materials emergency.
(Ord 52, passed 5-5-2004)
(A) The Town Council, the Planning Commission, the Board of Adjustments, and any other body created by Boulder Town may conduct electronic meetings at the discretion of the presiding officer or by majority vote of the members.
(B) Electronic meetings shall be conducted in accordance with the requirements of the Utah Open and Public Meetings Act Section 52-4-207.
(C) All members present at the anchor location or participating electronically shall be counted for the purposes of establishing a quorum.
(D) The notice for any electronic meeting shall indicate the physical anchor location and instructions for how to connect electronically to the meeting.
(Ord. 2022-3, passed 9-1-2022)
APPROVAL OF WRITTEN MINUTES
For purposes of this subchapter, the following definitions shall apply so long as they are consistent with the definitions of the same terms found in the State Open and Public Meetings Act. If a term is defined differently in the State Open and Public Meetings Act, the definition found in that Act shall apply.
CONVENING. The calling of a meeting of a public body by a person authorized to do so for the express purpose of discussing or acting upon a subject over which that public body has jurisdiction or advisory power.
MEETING.
(1) The convening of a public body, with a quorum present, including a workshop or an executive session whether the meeting is held in person or by means of electronic communications, for the purpose of discussing, receiving comments from the public about, or acting upon a matter over which the public body has jurisdiction or advisory power.
(2) MEETING does not mean:
(a) A chance meeting;
(b) A social meeting; or
(c) The convening of a public body that has both legislative and executive responsibilities where no public funds are appropriated for expenditure during the time the public body is convened, and:
1. The public body is convened solely for the discussion or implementation of administrative or operational matters for which no formal action by the public body is required; or
2. The public body is convened solely for the discussion or implementation of administrative or operational matters that would not come before the public body for discussion or action.
MEETING CLERK. The Town Clerk (or his or her acting deputies) for the Town Council, or shall mean the person assigned by a public body, other than a Town Council, to record and to take the written minutes of a meeting of a public body of this municipality.
MINUTES. Of a meeting, is a written record of the meeting that shall include:
(1) The date, time and place of the meeting;
(2) The names of members present and absent;
(3) The substance of all matters proposed, discussed or decided by the public body which may include a summary of comments made by members of the public body;
(4) A record, by individual member, of each vote taken by the public body;
(5) The name of each person who:
(a) Is not a member of the public body; and
(b) After being recognized by the presiding member of the public body, provided testimony or comments to the public body.
(6) The substance, in brief, of the testimony or comments provided by the public under division (5) above; and
(7) Any other information that is a record of the proceedings of the meeting that any member requests be entered in the minutes or recording.
PROPOSED MINUTES. The written minutes prepared by the Meeting Clerk that have been given to the members of a public body for their review and approval.
PUBLIC BODY. Any administrative, advisory, executive or legislative body of this municipality that:
(1) Is created by the Utah Constitution, statute, rule, ordinance or resolution;
(2) Consists of two or more persons;
(3) Expends, disburses or is supported in whole or in part by tax revenue; and
(4) Is vested with the authority to make decisions regarding the public’s business.
(Ord. 62, passed 8-6-2009)
The following shall be the policy and procedure for the approval of minutes for this municipality.
(A) Written minutes shall be taken for all public meetings of any public body of this municipality. The minutes of all public meetings of any public body of this municipality shall be recorded and taken down by the Meeting Clerk during the course of any public meeting of the public body.
(B) Within 15 working days from the end of the meeting, the Meeting Clerk shall prepare proposed minutes for the meeting and give a copy of the proposed minutes to each member of the public body for his or her review and comments.
(C) Once the proposed minutes have been given to the members of the public body, the Meeting Clerk shall immediately make available to the public the proposed written minutes, which shall be clearly identified as “awaiting formal approval” or “unapproved” or with some other appropriate notice that the proposed minutes are subject to change until formally approved and they shall become a public document available to any member of the public who requests to read or copy the proposed minutes.
(D) The public body shall consider the proposed minutes for approval at the first regularly scheduled meeting of the public body that immediately follows the Meeting Clerk giving the proposed minutes to the members of the public body. The proposed minutes would only need to be considered if there were a sufficient number of members present who were at the previous meeting for which the minutes were prepared such that the members present could approve the accuracy of the minutes. If there are an insufficient number of the members present to approve the minutes, the public body could defer consideration of the minutes until the next meeting wherein a sufficient number of the members are present. The members of the public body shall either approve the proposed written minutes as presented or vote to correct and amend the proposed written minutes and then approve the corrected and amended written minutes.
(E) If the public body fails to consider the proposed minutes, or does not take any action to approve the proposed minutes, at the first regularly scheduled public meeting held by the public body (with sufficient members present at the former meeting) immediately following the public body’s receipt of the proposed minutes from the Meeting Clerk, the proposed minutes shall be deemed to have been approved by the public body and will stand as proposed. As noted above, the public body need not consider the proposed minutes if an insufficient number of members who were present at the prior meeting are present at the subsequent meeting, and failure to do so would not constitute a de facto approval.
(F) Once the proposed minutes have either been approved by the public body, or have been deemed to have been approved by the inaction of the public body, they shall become the official record of the proceedings of the public body and shall be signed by the Clerk of the meeting and shall be retained in the official records of this municipality and shall be a public document available for the inspection and copying by members of the public as appropriate under state law.
(Ord. 62, passed 8-6-2009)