Minutes for 2005-03-15, Direct pdf link.

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: Kenneth A. Bischoff, Chair, and Craig L. Dearden. Camille T. Cain was excused.

Others Present: David C. Wilson, Deputy County Attorney; Fátima Blackford, Clerk/Auditor's Office, who took minutes.

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Shelly Halacy
C. Thought of the Day was offered by Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $1,069,328.08
2. Ratification of Warrants #198987-#199223 in amount of $1,208,961.61 for the date of March 8, 2005
3. Approval of Warrants #199224 - #199482 in the amount of $2,261,200.78
4. Approval of the minutes for the regular Commission meeting held on March 1, 2005
5. Request to hold a public hearing to Annex lots 50, 51 & 52 of Radford Hills into the Pineview West Sewer Improvement District on March 22, 2005 at 6 p.m., 3rd floor, Commission Conference Room
6. New Business License Applications
7. Request from the Weber County Road Department to surplus a 1986 Ford F350 Vin #FDKF37L7GKB13821
8. Settlement Agreement by and between Ogden City, Weber County, Ogden City School District, Weber County Mosquito Abatement, Weber Basin Water Conservancy District and Central Weber Sewer District - Contract C2005-25
Commissioner Dearden moved to approve the consent items; Chair Bischoff seconded, both voting aye.

E. Presentation:

1. Presentation on Hill Air Force Base Museum

Rex Hadley, representing the Hill Air Force Base Museum, stated that the Museum, a 501(c) corporation, was one of the great tourist attractions in northern Utah. He gave its history and outlined future improvements–including construction of a galley to house all the aircraft. Mr. Hadley pointed out the great expense just to purchase the paint for the aircraft due to them being out in the elements. Mr. Hadley explained that the Museum operated under the premise that if the State, counties, cities and private sector wished to have a museum, the Air Force would furnished the acreage and a few staff. It contains aircraft dating from the Wright flyer to the B-1B bomber. The lifeblood of the Museum are the volunteers. The Museum, which opened in 1987, has had over 2.5 million visitors. There are about 200,000 annual visitors, with 46% being from out of country and out of state, which contribute to the economy of Northern Utah. Mr. Hadley said that the Museum was uniquely positioned on the I-15 corridor to attract interstate traffic. He asked the Commission for $12,000, which would be a match by the Foundation, and Weber County would buy one exhibit. He addressed the commissioners' questions stating that this year they received $72,000 from the legislature and that they were working in conjunction with the Ogden/Weber Convention Visitors Bureau.

F. Action Items:

1. Acceptance of Engagement Letter from the Independent Auditor for the 2004 audit - Contract C2005-26

Dan Olsen, County Comptroller, stated that this engagement letter was identical to last year's with the exception of date changes and the fee had risen about $260 more than last year. The fee for this audit year is $18,220. He outlined the responsibilities for both entities for the year 2004.
Commissioner Dearden moved to approve Contract C2005-26, Engagement Letter from the independent auditor, Crane, Christensen & Ambrose, for the 2004 audit; Chair Bischoff seconded, both voting aye.

2. Approval of RAMP Tax Board member recommendations for the Advisory Board, Cultural Organization Committee and Recreational Facilities Committee - Resolution 13-2005

Candadai Seshachari, RAMP Tax Advisory Board Chair, introduced the members for the Advisory Board and for the two committees. Certain criteria was followed in selecting these members, including that every member had applied and that they represented a broad section of Weber County. There were 35 applicants. Regarding the length of terms, Mr. Seshachari said members would be drawing out of a hat after this meeting. The first financial awards will be made by April 15, 2006. The commissioners thanked all those who had offered to render service on these committees.
Commissioner Dearden moved to adopt Resolution 13-2005, appointing the RAMP Tax Advisory Board, with terms to be determined after this meeting, as follows: David Holmstrom, Dick Diamond, Jean Francom, Jeanne Hall, Telitha Greiner, Lowell Olson, and Candadai Seshachari; and the following to the Cultural Organizations Committee: Len Allen, Sylvia Cobabe, Robert Herman, and Ron Atencio; and to the Recreational Facilities Committee: Stephanie Christiansen, Mary Hall, Sandra Crosland, and Terry Davis; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

3. Action on the recommendations of the GSEC Advisory Board regarding prospective appointees to the GSEC Advisory Board

Jennifer Graham, Recreation Facilities Director, stated that this Board had met in February, discussed a vacancy that expires December 31, 2006 due to a resignation, and discussed Steve Spencer's term that is expiring at the end of March 2005. The Board recommended the top three names after reviewing applications and that Steve Spencer be reappointed for a term that ends December 31, 2009.
Commissioner Dearden moved to appoint Stephen Fishburn and to reappoint Steve Spencer to the Golden Spike Event Center Advisory Board; Chair Bischoff seconded, both voting aye.

4. Approval of a Paramedic Interlocal Agreement by and between Weber County and Ogden City for Paramedic Services - Contract C2005-27

Brad Dee, Human Services Director, stated that this contract had been in the works for nearly two years as paramedic services throughout Weber County were being evaluated. It was found that some of the response times in the north and the southwest areas had suffered somewhat due to the need for paramedic services. This contract calls for a third paramedic unit in the lower Ogden valley to complement the paramedic ambulance now stationed in the Ogden Valley for the Huntsville region. This third unit will cover more of the increase call volume to the inner city of the Ogden area. These units will be located 2186 Lincoln, 3450 Harrison Blvd. and 340 Washington Blvd. The county's obligation will include a $1,185,463.00 for the three paramedic units in the lower valley and an obligation of $298,994 for the paramedic ambulance unit currently stationed in the Ogden Valley. The city's obligation require 28 paramedics, three of which must be captain status for the operation of the paramedic program in Weber County. The term of this contract is from March 1, 2005 through January 1, 2010. There is an escape clause and each party can give notice of 6 months. Mr. Dee addressed Commissioner Dearden's questions stating that currently there were three units and this contract increased that number to four and that this contract came with the recommendation of the Fire Chiefs Association in Weber County.
Commissioner Dearden moved to approve Contract C2005-27, Paramedic Interlocal Agreement by and between Weber County and Ogden City for Paramedic Services; Chair Bischoff seconded, both voting aye.

5. approval of an ordinance amending Chapter 10 of Title 6 of the Weber County ordinances specifying the procedures for the preparation, review, enactment and publication of ordinances of Weber County - Ordinance 2005-1

David Wilson, Deputy County Attorney, stated that the County Attorney's Office would be reviewing ordinances to update them as needed. The purpose of this ordinance is to ensure that the County Commission is the main policy maker for the county and signs off on the intent of any new or amended ordinance. It provides for the County Attorney's Office to work closely with any other ordinance originating department once that ordinance is proposed and signed off in concept by the Commission as well as the Clerk's Office. He referred to the newly developed cover sheet for ordinances. The ordinances are available on the county's website but the commissioners preferred to have hard copies delivered to every department. The first reading of this ordinance was approved today with those changes to be made.
Commissioner Dearden moved to adopt Ordinance 2005-1 on the first reading which amends Chapter 10 of Title 6 of the Weber County ordinances specifying the procedures for the preparation, review, enactment and publication of ordinances of Weber County; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

6. Adopting an Ordinance of Weber County Repealing Weber County Ordinance 21-1-5 - Ordinance 2005-2

David Wilson, Deputy County Attorney, noted this was a housekeeping item. Ordinance 21-1-5, Conduct Toward Law Enforcement Officer - Penalty, already exists in the State Code and carries a higher penalty, thus the county repealed it from its ordinances.
Commissioner Dearden moved to adopt Ordinance 2005-2 of Weber County repealing Weber County Ordinance 21-1-5; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

7. Approving the allocation of federal forfeitures for 2004 by the Weber/ Morgan Narcotic Strike Force

Lieutenant Mike Ashment, Strike Force Commander, stated that in 2004 the Strike Force had received $28,172.67 from federal law enforcement agencies as a result of criminal drug investigations in the Weber County area and he was seeking the Commission's approval to incorporate these funds into the Strike Force's budget for the purpose of leasing undercover vehicles for its operations. Commissioner Dearden stated that our Strike Force was probably the best in the western United States and had been for some time and that Mr. Ashment had led this group for over three years.
Commissioner Dearden moved to approve the allocation of federal forfeitures for 2004 by the Weber/ Morgan Narcotic Strike Force; Chair Bischoff seconded, both voting aye.

8. final approval for Lakeside Village Phase 8, consisting of 5 condominium units, including a financial guarantee for improvements, in the amount of $19,652.50

Kevin Hamilton, County Planning Department, stated that this phase was part of an ongoing project located to the south of Pineview Reservoir. The Planning Commission unanimously recommended final approval for this item.
Commissioner Dearden moved to grant final approval for Lakeside Village Phase 8, consisting of 5 condominium units, including a financial guarantee for improvements, in the amount of $19,652.50; Chair Bischoff seconded, both voting aye..

9. Final subdivision approval for The Highlands at Wolf Creek Phase 5, consisting of 10 lots, including a financial guarantee for improvements in the amount of $314,780.86.

Kevin Hamilton, County Planning Department, stated that the petitioners had requested a variance from the standard road width down to a 50 ft. wide right-of-way, and they were also narrowing the amount of asphalt. The lots are accessed from two cul de sacs and each cul de sac will access five lots. Because the property has some slope to it, narrowing the right-of-way and having narrower asphalt reduces the amount of cutting into the side of the mountain, the scarring, and visual impact for the subdivision. Chair Bischoff asked if all the engineering and Fire District issues had been addressed and Mr. Hamilton replied they had been. The Planning Commission had unanimously recommended approval.
Commissioner Dearden moved to grant final subdivision approval for The Highlands at Wolf Creek Phase 5, consisting of 10 lots, including a financial guarantee for improvements in the amount of $314,780.86; Chair Bischoff seconded, both voting aye.

10. Action on a recommendation by the Western Weber County Township Planning Commission to revoke Conditional Use Permit CUP #17-99 for site leveling for future development

Kevin Hamilton, County Planning Department, noted that the County Commission had heard this item previously at which time it had been tabled to give staff an opportunity to meet with the property owner, C.E. Butters (Butters), and try to resolve the Commission's specific concerns. Butters and his legal counsel were present at today's meeting.

Mr. Hamilton referred to a recent memorandum to the Commission consisting of a list of actions that, if taken by Butters, would help resolve the non-compliance issues related to this Conditional Use Permit. He noted that because Butters had been working on some of the issues to come into compliance, a couple of these would change somewhat from those listed on the memorandum.

Mr. Hamilton and Curtis Christensen, County Engineer, visited the site yesterday and verified that Butters was working to bring this into compliance. Two of the problems with this project are dust and junk and as staff visited the site yesterday they saw the use by trespassers using the property as a recreation spot. To help correct this, the main points of access have been fenced. The fence between the property directly to the west has not been completed, but it is not a major access. Chair Bischoff asked if there was signage about no trespassing and Mr. Hamilton saw one sign but felt more could be added. The water truck was there during this site visit. Staff's major concern is that no more than one phase be open at the same time and had requested that Butters have a surveyor clearly stake the phase intended to be open and to provide a grading plan as well as ground stakes to show where the grading is to be done. Butters had told county staff they had contracted with a local farmer to plant a mixture of oats and alfalfa, which was to take place within the next week.

Another of staff's concerns is that Butters does not have plans to irrigate that planting and intends to rely on the rain. He recommended that the one phase permitted to be open be staked before the first of April, that there be some evidence of growth of the planting by the end of April, and if there is an issue with compliance for staff to come back before the Commission in June.

The item in the memorandum requiring all phases not permitted open to be restored with a minimum of 4 inches of top soil by April 1, 2005 will change because James Barnhill, the county Agriculture agent at USU's Extension Service, recommended a planting plan for the site and if Butters follows it there will not be need for the top soil. Mr. Hamilton addressed Chair Bischoff's comment stating that his understanding was that oats would grow faster and perhaps provide a cutting in one year and in the meantime give the alfalfa a chance to establish itself. Mr. Butters indicated to Mr. Hamilton yesterday that they would use fertilizer for the soil because manure had proven to be a problem. Commissioner Dearden asked if the reason the county had required them to bring in top soil was to build the ground back up. Mr. Hamilton had believed at that time that a top soil would be needed to plant, but according to the Agriculture agent, it was not necessary. Commissioner Dearden asked if the plan called for Butters to still refill some of the areas where they had dug below the dig line. Mr. Hamilton said that Butters would have to refill those. Butters had lower grade top soil as well as other soils onsite that could be moved for the grading.

Chair Bischoff felt that the language in the memorandum was not clear enough for Butters, that it did not require the actions to be taken nor when they were required, and that something more formal was needed. Mr. Hamilton said that staff could meet with Butters and present an agreement to the Commission. He added that all the items listed on the memorandum were requirements of this Conditional Use Permit. Commissioner Dearden concurred with Chair Bischoff and also suggested a formal document. Mr. Hamilton said that a copy of the memorandum had mailed to Butters.

Chair Bischoff asked Butters to comment and their legal counsel, Joe Chambers, said that they had removed all the junk that trespassers had placed on the property, had restored the fence along Mr. Kapp's fence line (which Mr. Kapp had removed and where the four-wheelers had primarily been entering the property), and had tried to post the property. There is some necessary material on the property–pipe to be used for irrigation purposes and an oil barrel used to service the equipment. Mr. Chambers indicated on a map a primary survey stake from which a measurement could easily be taken and said they were in the process of getting the property staked. However, there is a Mountain Fuel pipeline that is outside of Mountain Fuel's easement and at a different depth than Mountain Fuel had indicated. Because that pipe has a significant impact, Butters was considering going back before the Planning Commission to see if they could re-phase to take that into account. He said that, because Butters had informally worked different phases, which was contrary to the CUP's requirements, they may not be in the Planning Commission's good graces. He had the impression from Mr. Hamilton that, due to the change relating to the pipeline, if Butters was working on the other items the Planning Commission might be more favorable. Butters is trying to get the water truck to the site when they excavate.

Butters had spoken with James Barnhill, USU Extension agent, who recommended 5 lbs. of each of the following: intermediate wheat grass, crusted wheat grass, Indian rice grass, Russian wild rye, and one lb. of alfalfa per acre. With these recommendations, the minimum 4 inches of topsoil stated in the memorandum would not be necessary. Mr. Barnhill also recommended that Butters mow the existing weeds to keep them down. The irrigation companies had asked Butters to conserve on water for other cash crop farmers in the area. The current system to water that property is flood irrigation. Commissioner Dearden believed that Butters would have to plan to irrigate the crops initially to get them to start. Commissioner Dearden noted that the top soil would not be necessary but asked about discussion at the last Commission meeting regarding Butters having dug past the dig line and filling that back in. Mr. Chambers had checked with Kevin Butters who had not been aware of any place that had been cut down below the dig line but because of the Mountain Fuel gas pipeline on the property they would have to do so and would give the Planning Department the new levels.

Chair Bischoff said that it would be fair to all concerned to put this in agreement form to be brought before the County Commission–a document that was definitive in nature, giving dates and deadlines, which would be reviewed with the property owners, taking their input as to their agreement to be in compliance. He recognized that dates would not be changed but merely put into a document.

11. Approval of Change Order #6 for construction completed for the North Ogden Divide Project - Contract C2005-28

Curtis Christensen, County Engineer, said that the funding portion of this Change Order was part of an original contract approved almost three years ago. That funding, in the amount of $2.5 million, was given to UDOT at that time. This Change Order is in the amount of $39,573.09. All the construction in change orders were coming out of that pool of money; there is no General Fund appropriation for this. The major part of this Change Order was to bring fill in to Chicken Creek. Other items included changes in types of materials used.
Commissioner Dearden moved to approve Contract C2005-28, Change Order #6 for construction completed for the North Ogden Divide Project in the amount of $39,573.09; Chair Bischoff seconded, both voting aye.

12. Approval of Amendment No. 2 to Operating Agreement by and between Weber County and Aramark Correctional Services Inc. for Food Services - Contract C2005-29

Jerry Cook, Chief Deputy of the Weber County Jail, stated that this was an amendment to a contract with Aramark. This amendment provides for a one-year renewal and an additional five year extension through December 31, 2010 and also for an investment of kitchen related equipment for $100,000 to be amortized over the term of the agreement, ending on December 31, 2010. Aramark will give the county the $100,000. Title to the equipment will pass to the county at the time the initial payment of the $100,000.
Commissioner Dearden moved to approve Contract C2005-29, Amendment No. 2 to the Operating Agreement by and between Weber County and Aramark Correctional Services Inc. for Food Services; Chair Bischoff seconded, both voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 22, 2005, 10 a.m.

H. Public Comments: None

I. Motion to close public meeting to discuss strategy relating to pending or imminent litigation
Commissioner Dearden moved to close the public meeting to discuss strategy relating to pending or imminent litigation; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

There was no action taken on the closed executive session.

I. Adjourn
Commissioner Dearden moved to adjourn the meeting; Chair Bischoff seconded, both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor