Minutes for 2005-04-05, 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, Camille T. Cain and Craig L. Dearden.

Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; and Dan Olsen, County Comptroller.

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

D. Consent Items:
1. Purchase Orders in the amount of $138,108.45
2. Approval of Warrants #199970 - #200163 in the amount of $522,408.49
3. Request for approval of minutes for the meeting held on March 29, 2005
Commissioner Cain moved to approve the consent items, holding the minutes; Commissioner Dearden seconded, all voting aye.

E. Presentation(s) and Proclamation(s):

1. Proclamation declaring April as Weber County Child Abuse Prevention Month

Commissioner Dearden read this proclamation. The Weber County Commission joins with Prevent Child Abuse Utah proclaiming April 2005 as Child Abuse Prevention Month in Weber County. Anne Freimuth, Director of Prevent Child Abuse Utah, thanked the Commission for their support.

2. Proclamation honoring Mrs. Jeanne Godfrey as the 2005 Weber County Mother of the Year

Chair Bischoff read the proclamation honoring Jeanne Godfrey as Weber County Mother of the Year 2005. The commissioners presented Mrs. Godfrey with the proclamation and expressed thanks for her service and example to the community.

F. Action Items:

1. resolution authorizing/approving execution & delivery of a 3rd amendment to Master Lease Agreement, by/between the County & the Municipal Building Authority of Weber County; authorizing execution &delivery of a Purchase Agreement among the County, the Authority, & George K. Baum; authorizing issuance &sale by the Authority of its Lease Revenue Refunding Bonds, Series 2005; & related matters - Resolution 16-2005

Dan Olsen, County Comptroller, noted that the Municipal Building Authority (MBA) was issuing some refunding bonds to save money on the debt service paid on the bonds originally issued to construct the Weber Center and the Eccles Conference Center and to remodel the Egyptian Theater.  This resolution approves the terms of the refunding bonds (which remain the same as in the past) and the escrow agreements. It also approves a continuation of the lease arrangement between Weber County and the MBA to lease space in the Weber Center, in the Eccles Conference Center and the Egyptian Theater and authorizes the MBA to proceed with this refunding. This action is expected to save $83,000-$85,000 per year or $1.2 million over the next 14 years.
Commissioner Dearden moved to adopt Resolution 16-2005 of the County Commission of Weber County, Utah (the "County") authorizing and approving the execution and delivery of a third amendment to Master Lease Agreement, by and between the County and the Municipal Building Authority of Weber County, Utah (the "Authority"); authorizing the execution and delivery of a Purchase Agreement among the County, the Authority, and George K. Baum; authorizing the issuance and sale by the Authority of its Lease Revenue Refunding Bonds, Series 2005; and related matters; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

2. Request for discussion and review of an easement by and between Weber County and Pappas Brick and Stone for public access and flood control

Gary Laird, County Operations Director, showed an area map and stated that in 1990 the county received an easement across property owned at that time by Boyd Parke. This was a 50 ft. easement and right-of-way back from the highwater line for river flood access maintenance and public access along the edge of the river. Mr. Laird noted that during that time the county was trying to get a 50 ft. right-of-way along all rivers for trails. The current property owner, Imogene Barrett, approached the county to extinguish that easement. Mr. Laird stated that part of this property issue was settled in the courts between the owner and West Haven City (City), which acquired an easement on which to put a trail. As part of that court settlement, there was a statement that the City would assist Mrs. Barrett in trying to get the county to extinguish this easement.

Mr. Laird had visited the site. The county does not have access on either end of that easement to get to it to do flood maintenance, and as it stands, there is no value to the county in maintaining it. It had initially been obtained in hopes that other property owners would also grant easements. The river is wide enough and the county does not have the equipment to reach across it in the event of blockage and flooding. The only way to get to the west side of the river is if adjoining neighbors granted the county an easement. The easement language states that there is public access and Mr. Laird said that Ms. Barrett was concerned that if she restored part of that property that the county might open it for public access and she would prefer to keep it private. In the construction of its trail, the City put up an approximate 8 ft. chain link fence that has privacy petitions and separates the two properties. Their trail is about 25 ft. from the highwater mark and their fence goes approximately to the middle of the county's current right-of-way. Mr. Laird stated he did not have a prepared document today to extinguish this easement. Chair Bischoff asked why public access had been granted on this easement. Mr. Laird had checked with county staff, including the County Engineer, and the answer was not known. Currently, there is a big fence and the easement is not easily accessible to the public and Chair Bischoff said it caused liability for everyone. The possibility of extinguishing the public access portion of the easement and retaining the flood control portion of the easement was discussed with the County Attorney's Office and it had been recommended extinguishing the whole easement simultaneously and signing new documents that only granted the county easement for flood control. Commissioner Cain asked if the trail was contiguous and what was to happen when the bridge was built. Mr. Laird said that the trail currently was established all along the river to where the City was asking the county to build a bridge. When the bridge is built it will give a contiguous course without use of this easement. David Wilson, Deputy County Attorney, asked if the City was willing to assume responsibility for flood control and Mr. Laird had not discussed this with the City. Ms. Barrett asked Patrick Dean to make some comments on her behalf at this meeting. Mr. Dean said that it was redundant to have two easements on the same parcel. The river maintenance would happen from the east side because of ease of access and there is a paved trail that runs the full length of the river. He noted that the public access ran along Ms. Barrett's property and around to the county's easement but the easement below her property is for the City. He suggested giving the private use back to Ms. Barrett that would be upriver from the bridge and allow the access to be given to the other side. Mr. Dean said that there had been discussion with Kelly Hipwell, County Roads, and that in 15 years the county had never used the easement for maintenance. Ms. Barrett had been doing the maintenance on the river until the easement was granted to the City.

Commissioner Cain asked how to resolve the issue of ownership interest on the part of the county and Mr. Wilson said that the legal standard was for the county to get fair market value for it, which would have to be determined. Mr. Dean noted that up to this point Ms. Barrett had not received any money for the easement she had granted, that the issue was not settled with the City. He said there was a stipulation agreement in place but price or value had not been included in it; it was to come at a later date after the trail was complete. Commissioner Cain pointed out that there were still issues to be resolved and said she was willing to work with the property owner in trying to find an equitable solution. Mr. Wilson summarized that the Commission was asking for clarification on what portion West Haven had rights to and how that interconnected with this parcel, and they wanted alternatives regarding what they could do to extinguish the public easement and make it simply a maintenance or flood control easement. This item will be placed back on the agenda in two weeks.

3. Approval of an Interlocal Agreement by and between Weber County and the Utah State University Extension Service Center - Contract C2005-39

Jerry Goodspeed, USU Extension Horticultural Agent, presented this renewal contract stating it was the same agreement as in the past to maintain the Extension Service in Weber County. The term goes through December 31, 2005 with funding of $84,000 (which was included in the budget), to be provided equally between Ogden City, Weber County and Utah State University at $28,000 each. Mr. Goodspeed explained that because the $84,000 is sent to the University, the University would bill each of these three entities for the $28,000.
Commissioner Dearden moved to approve approval Contract C2005-39, an Interlocal Agreement by and between Weber County and the Utah State University Extension Service Center; Commissioner Cain seconded, all voting aye.

4. Approval of amendments to the Weber County Retirement Incentive Policy 2.5

Commissioner Dearden noted that the policy included department heads who served for eight years, however, because they were already included as eligible retirees, the policy was amended.
Commissioner Dearden moved to approve amendments to the Weber County Retirement Incentive Policy 2.5; Commissioner Cain seconded, all voting aye.

5. Approval of the Weber County Information Technology Utilization Policy 17.4

Leonard Call, County Information Technology Department Director, stated that this policy was to ensure that employees and equipment were effectively utilized throughout the county and that all county departments and agencies complied with any approved information technology and telecommunication policies. Mr. Call said he worked with department heads and elected officials on this item that were directly affected by this policy. Commissioner Cain said that the major concern was to protect the security of the I.T. systems that maintain all functions of Weber County.
Commissioner Cain moved to approve Weber County Information Technology Utilization Policy 17.4; Commissioner Dearden seconded, all voting aye.

 6. Final subdivision approval for The Summit at Ski Lake No. 8, consisting of 6 lots, including a financial guarantee for improvements in the amount $106,439.85

Kevin Hamilton, County Planning Department, stated that this subdivision was located on the south side of Pineview Reservoir. The Planning Commission had unanimously recommended approval of this item.
Commissioner Dearden moved to grant final subdivision approval for The Summit at Ski Lake No. 8, consisting of 6 lots, including a financial guarantee for improvements in the amount $106,439.85; Commissioner Cain seconded, all voting aye.

7. Request for discussion and review of a memorandum of understanding on Conditional Use Permit CUP #17-99 for site leveling for future development - Contract C2005-40

Kevin Hamilton, County Planning Department, noted that the petitioner had come before the Commission in March 2005 and at that time Mr. Hamilton had written a memorandum with recommendations of items that C.E. Butters needed to comply with in order to keep their Conditional Use Permit #17-99. At that meeting, Mr. Hamilton was instructed to meet with the County Attorney's Office and come back with an agreement. This Memorandum of Understanding (MOU) includes the eight items listed on the memorandum. The only change from that memorandum is the stipulation that Butters is to follow the recommendations of the Agriculture Extension Agent rather than Mr. Hamilton's. Mr. Hamilton had spoken with Butters' attorney yesterday and he was to review this MOU, however, he had understood those were items that needed to be done. Chair Bischoff asked about the revegetation project being followed to the letter and Mr. Hamilton said that he allowed them to change it subject to approval of the Extension Agent. Chair Bischoff requested that the approval be in writing from the Extension Agent. Commissioner Dearden noted that as stated in this MOU, Butters understood that failure to comply would result in revocation of this Permit. The MOU was approved with the insertion of "approved in writing by the Extension Agent" to paragraph 5.
Commissioner Cain moved to approve Contract C2005-40, Memorandum of understanding on Conditional Use Permit CUP #17-99 for site leveling for future development with the discussed language insertion; Commissioner Dearden seconded, all voting aye.

8. Request for approval of a contract by and between Weber County and Lasting Impressions for Janitorial Services in the Weber Center - Contract C2005-41

Richard Badger, County Operations, stated that County Purchasing had bid out for janitorial services last December for the Weber Center. The low bidder was Lasting Impressions. As part of the agreement with Woodbury Corporation, the county does janitorial work for some of the offices in the building–the federal government offices–and the federal government compensates the county. The federal government requires submitting Lasting Impressions' employees through their security system for approval, which was received in March. The contract amount is $4,843/month and is effective through January 31, 2007.
Commissioner Cain moved to approve Contract C2005-41 by and between Weber County and Lasting Impressions for Janitorial Services in the Weber Center; Commissioner Dearden seconded, all voting aye.

G. Public Hearing
Commissioner Dearden moved to adjourn the public meeting and convene the public hearing; Commissioner Cain seconded, all voting aye. 1.

 2. Public hearing on the vacation of a portion of Wolf Creek Dr. and Willow Brook Lane at approximately 3400 N. Wolf Creek Dr. The right-of-way is being vacated to accommodate a new right-of-way alignment at this intersection

Kevin Hamilton, County Planning Department, stated that the vacation was taking place due to the county recently realigning Willow Brook Lane where it intersects with Wolf Creek Dr. The road used to come at a fairly steep angle and it is preferable for roads to come at more of a 90 degree angle. Additionally, developers of a 1-lot subdivision at this location desire to vacate a portion of it, which includes the recreation vehicle storage facility. In conjunction with this, they are proposing to move the right-of-way of Wolf Creek Drive slightly to the east. Four of the storage units were built too close to the road, but with this right-of-way realignment they will meet the required setback. Commissioner Dearden asked if the developer had addressed the right-of-way issue with the property owners to the east and Mr. Hamilton said they were in the process of negotiating it. Mr. Hamilton said that an ordinance to vacate the property had not been prepared for this item because it will need to take place in conjunction with the approval of this subdivision and the County Surveyor's Office is currently reviewing the legal descriptions. It also requires the developer to resolve the issue of obtaining right-of-ways from the neighbors. The vacation will occur upon the recording of the 1-lot subdivision, which will include the new right-of-ways. Chair Bischoff invited public comments and there were none.

3.Commissioner Cain moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

4. Action on public hearing:

G.2. - vacation of a portion of Wolf Creek Dr. and Willow Brook Lane at approximately 3400 N. Wolf Creek Dr.

No action was taken at this time. It will be brought before the Commission at a later date.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 12, 2005, 6 p.m.

I. Public Comments: None

J. Adjourn
Commissioner Dearden moved to adjourn at 11:15a.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor