Minutes for 2000-08-02, Direct pdf link.

1. Welcome.
   
   
2. The Pledge of Allegiance was conducted by Gary Laird.
   
   
3. The thought of the day was offered by Commissioner Cain.
   
   
4. Discussion/Action Items
   
   
   1. Purchase Orders
      Commissioner Cain moved to approve the purchase orders as presented. Commissioner Burton seconded, all voting aye.
      
      
   2. Warrants
      Commissioner Cain moved to approve warrants #136779 through #137016, inclusive, in the amount of $1,887,710.95. Commissioner Burton seconded, all voting aye.
      
      
   3. Minutes, July 26, 2000
      Commissioner Burton moved to approve the minutes for the meeting held July 26, 2000. Commissioner Cain seconded, all voting aye.
      
      
   4. Appointments to the Warren, the Liberty/Nordic Valley & the Weber County Township Planning Commissions
      
      Chair Bischoff said that one application had been received (from Lillian P. Smith) for the Warren Township Planning Commission.
      
      
      Commissioner Burton moved to appoint Lillian P. Smith to the Warren Township Planning Commission to fill Ed England's unexpired term of 12/31/2001. Commissioner Cain seconded, all voting aye.
      
      Commissioner Burton moved tp appoint Jim Banks to the Liberty/Nordic Valley Township Planning Commission to fill David Morby's unexpired term of 7/20/2002. Commissioner Cain seconded, all voting aye.
      
      Craig Barker, County Planning Department Director, said that the following three appointments were requests for reappointments and all of the individuals had agreed to fill another term. Mr. Barker and David Wilson, Deputy County Attorney, addressed the commissioners' questions. There was discussion regarding advertising requirements and term limits and perhaps reviewing the ordinance. Regarding recommendations for reappointments, Commissioner Burton asked that the members' attendance record be listed on the memo from the Planning Department.
      
      
      Commissioner Cain moved to reappoint Cindy Beger to the Liberty/Nordic Valley Township Planning Commission for a term expiring 7/22/2004. Commissioner Burton seconded, all voting aye.
      
      Commissioner Burton moved to reappoint Tena Campbell to the Weber County Township Planning Commission for a term expiring 3/31/2004. Commissioner Cain seconded, all voting aye.
      
      Commissioner Cain moved to appoint Verl Creager to the Weber County Township Planning Commission for a term expiring 7/20/2004. Commissioner Burton seconded, all voting aye.
      
      
   5. Resolution Approving a Surveying Services Interlocal Agreement with Plain City - Resolution 34-2000, Contract C2000-77
      
      David Wilson, Deputy County Attorney, said that he had drafted this agreement and that it was similar to one that had been approved for Huntsville. Mr. Wilson said that Plain City was requesting the assistance of the County Surveyor's Office in identifying markers and that they would compensate the county $250/marker.
      
      
      Commissioner Cain moved to adopt Resolution 34-2000 approving Contract C2000-77, Surveying Services Interlocal Agreement with Plain City. Commissioner Burton seconded.
      
      ROLL CALL VOTE
      Commissioner Burton aye
      Commissioner Cain aye
      Chair Bischoff aye
      
      
   6. Resolution Approving a Surveying Services Interlocal Agreement with the Forest Service
      
      This item was held.
      
      
   7. Maintenance Services Agreement with State Archway Youth Receiving Center - Contract C2000-78
      
      David Wilson, Deputy County Attorney, said that this contract for maintenance services had been presented before but that the State had revised the County's format. This contract would be for the same terms. Mr. Wilson said, however, that he had made a couple of changes relating to indemnification in case of a lawsuit. The contract is in the amount of $1,583,00/month.
      Commissioner Burton moved to approve Contract C2000-78 with the State Archway Youth Receiving Center for maintenance services. Commissioner Cain seconded, all voting aye.
      
      
   8. Weber County Policy on Contributions to Other Entities for Storm Water Control Projects
      
      David Wilson, Deputy County Attorney, said that this policy relating to a tax that the Commission had imposed over one year ago to help fund storm water projects had been presented a couple of times in Department Head meetings. It is the policy of Weber County to review requests from municipalities and other governmental entities within the county for funds and/or services on the basis of need and/or shared participation by the requesting municipality. This policy establishes a policy and procedure for addressing the applications and allows for the forming of a Storm Water Project Review Committee. Dr. George Burbidge, County Operations, is the director of the Storm Water division and has spearheaded this effort. Commissioner Cain asked Dr. Burbidge concerning this process in relation to the prioritization schedule set up through WACOG and he responded that the Committee would probably need to review it. Dr. Burbidge also stated that all the mayors had received a copy of this proposed policy, that he had not received feedback and that he was not certain that it had gone before WACOG. Commissioner Burton echoed Commissioner Cain's concern. He said that this policy apparently gave the Committee a waiver from that schedule and he wanted WACOG's support since the County moved forward with their support and involvement. Commissioner Cain pointed out that there was not a representative from WACOG on this Committee and Chair Bischoff indicated that this option was available. The commissioners agreed that this item be tabled, that it be placed on WACOG's agenda and that there should be a representative from WACOG on the Committee. Dr. Burbidge stated that this item was receiving tremendous cooperation throughout the county. Mr. Wilson suggested that perhaps the priority list should be added to this policy for the Committee to consider so that it would not be ignored and he asked for the Commission's guidance.
      
      
      Commissioner Cain moved to table this item on the Weber County Policy on Contributions to Other Entities for Storm Water Control Projects, that it go before WACOG at their next meeting on Monday and that it come back before the County Commission next Wednesday. In addition, that David Wilson, Deputy County Attorney, include three revisions in the proposal: 1) that WACOG have a member on the Committee, 2) that the projects go before WACOG for prioritization planning and 3) that the Committee be given the ability to reconfigure priorities as needed. Commissioner Burton seconded, all voting aye.
      
      
   9. Interlocal Agreement with Salt Lake County for Provision of Law Enforcement Air Support Helicopter Services
      
      This item was held.
      
      
   10. Discussion of Issues Relating to Placing Fluoridation of Water in Weber County on the General Election Ballot Chair Bischoff outlined the purpose of discussing this item today which was primarily to talk about whether to put it on the general election ballot for Weber County and to discuss the legislative language, legal issues, etc. Commissioner Burton indicated that he had attended the UAC Board meeting at which four Wasatch Front counties had discussed the fluoridation issues. He said they were very concerned with the confusing language of Senate Bill 158 and that it had been altered to accommodate Utah County, which like Weber County, has many different water providers. David Wilson, Deputy County Attorney, concurred that the bill was not clear in many respects, and he outlined various legal issues. It would be very difficult for the county commissions to adopt a resolution and put this issue on the ballot in a county where there are functionally separate water systems. It would be challenging to implement this in a way so that the county attorneys offices could defend the result if the election was challenged. He said that for proponents of fluoride, there had always existed a number of methods for putting the issue on the ballot which included the petition process and the special district election process by each water system. He said that the legislature had failed to define some of the terms that are key to the analysis in the election (i.e., functionally separate water systems). In addition, two viable but conflicting legal opinions were written about this bill, one by Deputy Davis County Attorney Gerry Hess and the other by Associate General Counsel Keith Woodwell, Office of Legislative Research and General Counsel. Mr. Wilson said that he had asked the Weber/Morgan Health Dept. to determine the number of functionally separate water systems using Legislative Counsel's opinion. Using that definition, the Health Dept. reported that there are 11 or 12 functionally separate water systems within Weber County. Weber Basin believes that the Hooper Water Improvement District is not functionally separate, but the District itself has given the opinion that it is. The legislation calls for an opinion question which Mr. Wilson believes may also subject the election to a legal challenge. Mr. Wilson reiterated that the other processes available to place this issue on the ballot would eliminate many of the legal challenges that could arise through the County Commission resolution process. Another question is whether a county should force cities or districts which have functionally separate water systems to vote on this issue rather than allow city councils and district boards to make that decision. Mr. Wilson addressed the commissioners' questions. Comments were solicited from Linda Lunceford, County Clerk/Auditor, and Craig Heninger, interim director of the Health Dept. Ms. Lunceford stated that after hundreds of hours of discussion with involved parties, her office had determined that it could run an election in the same manner as Davis and Salt Lake counties, however, the county could not run separate and distinctly different election processes that are incompatible with the general election process. One of the dilemmas in Weber County is that the boundaries of the water districts do not match voting precinct boundaries. Mr. Heninger distributed a handout pertaining to information of the General Administration of Drinking Water Program (R309-101). He said that even if the Health Dept. assumed the broadest definition of "functionally separate" water systems, there are close to 100 water systems in Weber County 69 meet the definition of public water systems, 42 of which are defined by the state drinking water laws as non-community systems (serving campgrounds, condos, timeshares). Mr. Heninger indicated that there would he a problem with the non-community systems in identifying the users of that water and those who should be allowed to vote in an election. He addressed the upper valley and lower valley systems and added that Hooper Water District claimed that they were functionally separate, although Weber Basin Water officials claimed they were not, and that this would have to be determined. Dr. Clifford Goff, representing the Weber/Morgan Board of Health, stated that they would like to go on record as definitely urging the County Commission to place this item on the ballot in November, regardless of potential lawsuits.
   
   
5. Assign Pledge of Allegiance & Thought of the Day for Wednesday, August 9, 2000, at 9:00 a.m.
   
   
6. Additional Comments
   
   Rachael Sweeten asked several questions including why fluoridation was being pursued through a public utility, when other means of dispensing it was available. She indicated her strong belief that it was inappropriate to have this issue on the ballot and stated that there were questions that needed to be answered before it was put to the public for vote; Lew Wheelwright, chiropractor, asked if County Commissioners should have the authority to make decisions that were based on health and said that this should not be a voting issue; Gary Silverwood asked how this would be written as an issue on the ballot because people expected water, not medicine, when they turned on their tap; Dr. Toni Powell stated that she had an opportunity to work with officials from Davis and Weber counties and the Weber Basin Water Conservancy regarding the definition of "functionally separate." Dr. Powell said that if there was any kind of a valve from Weber Basin Water to the other systems, then this limited their functional separateness, and that a lot of systems in Davis County were drawing water from Weber Basin. Thus, it would be challenging to have fluoridation in one county and not in the other because they flushed back from one system to the other to equalize the water quality and pressure. Dr. Powell said that if there were no functionally separate systems then there would be no need for a different election process, and that she would appreciate both counties having an election at the same time. She encouraged the Commission to put the issue on the ballot even in the face of lawsuits. Robert Sweeten indicated his understanding is that people always had the right to petition and asked why the proponents were not seeking the signatures for a petition, rather than putting the issue on the ballot.
   
   
7. Closed Executive Session
   1. Commissioner Burton moved to adjourn the public meeting and convene a closed executive session to discuss strategy relating to the purchase or sale of real estate and strategy relating to imminent and ongoing litigation. Commissioner Cain seconded.
      
      
      ROLL CALL VOTE
      Commissioner Burton aye
      Commissioner Cain aye
      Chair Bischoff aye
      
      
   2. There was no action taken on the closed executive session.
   
   
8. Adjourn
   
   Commissioner Burton moved to adjourn the meeting at 11:10 a.m. Commissioner Cain seconded, all voting aye.