Minutes for 2004-06-08, Direct pdf link.
MINUTESOF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 8, 2004 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.
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 Present: Commissioner Camille T. Cain, Chair, Commissioner Kenneth A. Bischoff and Commissioner Glen H. Burton.
Others Present: Linda G. Lunceford, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Blackford, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by David Wilson
C. Thought of the Day was offered by Commissioner Burton
D. Consent Items:
1. Purchase Orders in the amount of $109,606.27
2. Warrants #189040 - #189137 in the amount of $603,017.65
3. Request to set a date for a Public Hearing on June 29, 2004 to consider adoption of Chapter 38B, sensitive Lands Overlay District, of the Weber County Zoning Ordinance
4. Minutes of regular Commission Meeting held on June 1, 2004
Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, all voting aye.
E. Action Items:
1. A Resolution of the Board of County Commissioners of Weber County Proclaiming June 12-19, as "Weber County Military Appreciation Week" - Resolution 14-2004
Chair Cain read the resolution and stated that Weber County was participating with the State of Utah in proclaiming June 12-19 as "Military Appreciation Week"
Commissioner Burton moved to adopt Resolution 14-2004 proclaiming June 12-19, as "Weber County Military Appreciation Week"; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Button aye
Chair Cain aye
2. Recreation Arts Museum and Parks Tax Proposal (RAMP Tax)
3. Discussion and/or action on placing the Ramp tax on the November Ballot
Reed Richards, RAMP Tax Steering Committee member, presented the request to place the question of a RAMP (Recreation Arts Museums Parks) Tax for Weber County on the November ballot. He introduced members of the steering committee that had been working for about six months to promote the issue. He said no public money would be used in the promotion effort. There are four subcommittees that report to the steering committee. The RAMP concept began about 10 years ago with State legislation allowing counties to impose a tax of one tenth of one percent of sales tax for an 8-year period. This tax would be put into a fund to assist in providing improvements in the communities.
The first step in this process requires the County Commission to decide whether to place the issue on the ballot. Mr. Richards said it was projected that about $3 million/year would be collected if this issue passed and it had been proposed that about half of that amount be placed in what was being called the Legacy Fund to fund major projects in the county and the remainder be divided half between the arts and the other half to be allocated to cities, as long as the cities could propose projects that would qualify and they could account for the use of the funds each year to the advisory committee and the County Commission. Mr. Richards addressed Commissioner Burton's question stating that it would be up to the county whether to bond to build facilities up-front.
Commissioner Bischoff moved to place the RAMP Tax on the November ballot; Commissioner Burton seconded, all voting aye.
4. Ordinance amending the county fee ordinance providing for an increase in transfer station tipping fee and adjusting other solid waste fees - Ordinance 2004-13
Karlene Linford, Weber County Solid Waste, presented the request to increase the tipping fee at the Transfer Station, stating there hadn't been an increase for solid waste disposal since 1996 because the Transfer Station had been able to absorb the costs until last year. The cost will increase from $29.50 to $32/ton.
Commissioner Burton moved to adopt Ordinance 2004-14 amending the county fee ordinance providing for an increase in transfer station tipping fee and adjusting other solid waste fees; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Button aye
Chair Cain aye
5. Appointment of 3 members to the Ben Lomond Cemetery District - Resolution 15-2004
Chair Cain stated that members had served on this District for a very long time without reappointments being made according to State law. A letter had been received by the County Commission from Mark H. Anderson, who serves as legal counsel to the District outlining the process for appointing district trustees when terms have expired. Mr. Anderson noted in his letter that because the District had not requested that appointments be made in a timely fashion, the result was the "indefinite extension of the trustees' respective terms of office." The statutory process for advertising has been completed and the Commission has received the applications/declaration of candidacy forms. Mr. Wilson from the County Attorney's Office concurs with the recommendation of Mr. Anderson and noted that Mr. Anderson had prepared a resolution for the Commission to approve in making the appointments. Chair Cain asked if any applicants were present but none were. Two members will serve approximate 4-year terms and one will serve an approximate 2-year term so that the appointments will conform to the state code which provides for terms of office to begin at noon on the first Monday of January. Trustee terms will be determined by lottery at their first meeting.
Commissioner Burton moved to adopt Resolution 15-2004 appointing Michael Storey, Leonard Call, and Hyrum Peterson to the Ben Lomond Cemetery District; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
(F)3. Final subdivision approval of Draper Subdivision at 1510 N 7100 E (subdivision consists of two lots) - (This item was listed under the Public Hearings section of the agenda by mistake and was addressed at this time in the regular meeting.)
Kevin Hamilton, County Planning Department, showed an area map indicating that this subdivision was located just west of Pineview Reservoir. The owners divided the property so they could build a house near the existing house. Both lots will front 7100 E and the driveways will be together so there won't be any additional accesses onto the highway. The Planning Commission unanimously recommended approval of this item. Chair Cain asked if the petitioners were present and they were not.
Commissioner Burton moved to grant final subdivision approval of the Draper Subdivision consisting of two lots located at 1510 N 7100 E; Commissioner Bischoff seconded, all voting aye.
F. Public Hearings:
Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Commissioner Burton seconded, all voting aye. 1.
2. Agriculture Protection Area Proposal (APA) - Marian Fowers Martin, Personal Representative of Estate of Viola J. Fowers, deceased. Parcel #20-015-0004
Fátima Blackford, Clerk/Auditor's Office, stated that all the statutory steps had been followed for this APA, no public comments had been received during the 15-day period to receive comments, and copies of the proposal had been sent to the Advisory Board and the Weber County Planning Commission. The Planning Commission had voted to recommend approval. Mr. Doug Taggart of Durham, Jones & Pinegar representing Ms. Martin was present to address the item.
Mr. Taggart stated that this property was a farm consisting of approximately 123 acres located on the south side of Pineview Reservoir. He said that after Ms. Martin's mother had passed away (about 3 years ago) Ms. Martin had imposed a Conservation Easement on this property which was in favor of the Ogden Valley Land Trust and the property will remain a farm in perpetuity. Mr. Taggart noted that there was significant development taking place next door to this property and Ms. Martin was anxious to have the benefits of the APA designation to protect her from complaints and lawsuits by neighbors relative to nuisance that arise out of farming operations. Chair Cain asked what was the current zoning of the property and Jim Gentry, County Planning Department, stated it was S-1 and FV-3. Commissioner Burton pointed out that there was a small county lane through the farm that had not been vacated and which used to be part of the old road that went through before the Reservoir was put in. Chair Cain invited public comments and none were offered.
4. Consider amendments to Conditional Use Permit CUP #10-2001 by Legacy Properties for a Planned Residential Unit Development (P.R.U.D.) at approximately 6486 E. Hwy. 39
Kevin Hamilton, County Planning Department, noted that a P.R.U.D. requires that changes to the plan must go back to the Planning Commission and the County Commission for approval. The developer was requesting approval of an amended site plan for the club house and pool area. Mr. Hamilton showed the old and the new site plans, indicating they were not significantly different–the developer requested that the clubhouse be used as a check-in/check out and sales office for units in this development and requested changes to the landscaping and layout of the pool area. The Planning Commission recommended approval. Commissioner Burton pointed out that the sales office was for these units only. Mr. Hamilton stated the developer had entered into an agreement with the Home Owners Association restricting the sales office to 400 sq. ft. of space inside the clubhouse and only until these units were sold. Chair Cain invited public comments and none were offered.
Commissioner Burton moved to adjourn the public hearing and to reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.
6. Action on public hearing:
F.2. - Agriculture Protection Area Proposal - Marian Fowers Martin, Personal Representative of Estate of Viola J. Fowers, deceased, Parcel #20-015-0004
Jim Gentry, County Planning Department, requested that the current zoning ordinances affecting this APA, the Shoreline Zone S-1 and the Forest Valley Zone FV-3, be recorded with the APA. Chair Cain reiterated that these current zones and uses within the APA would remain as long as it was an Agriculture Protection Area.
David Wilson, Deputy County Attorney, referred to the current large number of properties in Agriculture Protection Areas. He said that his office was considering amending the Zoning Ordinance to indicate that the zoning within APAs would be frozen at the time of approval but if they withdrew property, any subsequent changes would affect those APAs. He recommended attaching the pertinent current zoning regulations when recording APAs.
Commissioner Bischoff moved to approve the Agriculture Protection Area proposal by Marian Fowers Martin, personal representative of the estate of Viola J. Fowers, deceased, LSN #20-015-0004; Commissioner Burton seconded, all voting aye.
F.4 - Amendments to Conditional Use Permit CUP #10-2001 by Legacy Properties for a Planned Residential Unit Development at 6486 E. Hwy. 39
Commissioner Burton moved to approve the amendments to the Conditional Use Permit CUP #10-2001 by Legacy Properties for a Planned Residential Unit Development at 6486 E. Hwy. 39; Commissioner Bischoff seconded, all voting aye.
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, June 15, 2004 at 10 a.m.
H. Public Comments
Connie Chandler asked what type of ballot machines would be used in the November election and how the county would handle the military votes. Chair Cain replied that it would be punch cards as in the past, that the State was still in the decision-making process and writing a Request for Proposal, which was to be issued by the end of this year. Linda Lunceford, Clerk/Auditor, stated that the military vote was being handled the same way as in the past. She said that many of the military personnel were disenfranchised because in many cases they were in remote locations where mail delivery was non-existent or very tardy and Utah received its ballots 15 days before the election. Ms. Lunceford said that election administrators were all looking forward to a time when technology could be used to facilitate voting for our military and overseas citizens, which represented approximately 6,000,000 voters. She expressed her support of using technology to facilitate their votes being cast and counted. Right now, the best that could be done was to accept a fax ballot, which did not ensure secrecy or privacy. The VOI (Voting on the Internet) project conducted by the Department of Defense had been quite successful but had been set aside until the controversy over electronic voting was resolved. Ms. Lunceford believed that we would be able to accommodate the military in the future with some sort of electronic technology, something that was very important in light of so many citizens being deployed in remote areas of the world.
I. Adjourn
Commissioner Bischoff moved to adjourn at 10:57 a.m.; Commissioner Burton seconded, all voting aye.
Camille T. Cain, Chair
Weber County Commission
Linda G. Lunceford, CPO
Weber County Clerk/Auditor