Minutes for 2006-01-31, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 31, 2006 - 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: Craig L. Dearden, Chair, and Camille T. Cain. Kenneth A. Bischoff was excused
but participated by means of a telephonic conference for item F.3.

Others Present: Linda G. Lunceford, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Sean Wilkinson
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $2,050,050.45
2. Warrants #209717 - #210016 in the amount of $884,392.38
3. Minutes for the meeting held on January 24, 2006
Commissioner Cain moved to approve the consent items, holding the minutes; Chair Dearden
seconded, both voting aye.

Weber Morgan Narcotics Strike Force Presentation of awards

Mark DeCaria, County Attorney, said that the County Commission was an appropriate forum to
present awards to those who work in our community through the Strike Force, which is a county-wide
organization consisting of law enforcement officers from all the county jurisdictions. Mr. DeCaria
enumerated significant accomplishments, the dedication and commitment demonstrated by three
Strike Force agents Aaron Johnson, Ryan Reed, and Todd Watanabe, and by Brenda Beaton, Deputy
Weber County Attorney. These individuals’ work had resulted in the success of many drug cases.
Mike Ashment, Strike Force Commander, stated that these investigations would not have been
possible without the help of the other agents and thanked them as well. Chair Dearden thanked
Commander Ashment for his leadership and significant contribution to the Strike Force.

E. Presentation on proposal and future plans for Museum Project

Robert Chugg, President, Ogden/Weber Museum Inc., stated that a group of citizens had met last Fall
after the need for a museum in Ogden City and Weber County had been discussed by individuals for
some time. They wanted Weber County’s rich story told and felt it would add pride in the community.
Mr. Chugg stated that there was no city or county museum, only that a few individual communities
had small collections. Many large companies originated in Weber County as well as many noteworthy
people. The response in numerous meetings with various groups had been very favorable for a
museum. The problem had been finding a location for it and they believed the Shupe Williams
Building at 26th & Wall Avenue with its historical character would be the best location in the city. It
is next to the Union Station museums, near the intermodal hub and close to the downtown areas.
Negotiations are ongoing with Ogden City to save the Shupe Williams Building if some milestones
can be met in the next few months. The success of obtaining this building hinges upon bringing one
particularly first-rate exhibit to Ogden that is estimated to bring about 40,000-50,000 people per year.

F. Action Items:

1. Recommendation of the Weber Area Council of Government (WACOG) regarding
appointees to fill two vacancies on the Weber/Morgan Board of Health

Chair Dearden stated that WACOG had recommended appointing Mayor Gary Harrop and Mayor
George Garwood to this board.
Commissioner Cain moved to appoint Mayor Gary Harrop and Mayor George Garwood to the
Weber/Morgan Board of Health; Chair Dearden Cain seconded, both voting aye.

2. Recommendation of the Weber/Morgan Board of Health regarding appointees to
fill two vacancies on the Weber/Morgan Board of Health

This Board had forwarded three names to the Weber County Commission in order of preference.
Commissioner Cain moved to appoint Dr. Deanna Byck and Kenneth Johnson to the
Weber/Morgan Board of Health; Chair Dearden seconded, both voting aye.

3. Ordinance consolidating the offices, functions, and duties of the Weber County
Surveyor and the Weber County Recorder, creating the position of the Weber
County Recorder/Surveyor - Ordinance 2006-1

This item had been discussed last week and had been held for further review.

Ernest Rowley, Weber County Surveyor’s Office, stated he had been in the surveying profession
for 23 years and was a licensed surveyor in three states, and that he was acutely aware of the
separate and vital functions that each office provided to the general public–that the functions of
the Recorder’s Office was mainly ministerial and a system of notice, that land surveyors had been
given State authority to establish private property boundaries and interpret documents relating to
land ownership, that Utah Code prevented non-licensed individuals from activities that could be
considered functions of survey, that the County Surveyor’s Office was a vital link in providing
control and support to the private sector, maintaining stability in boundaries and protecting the
public rights, and that a person needed to be a licensed surveyor to be elected to that position.

Mr. Rowley believed it prudent to require such licensing in a combined office because combining
did not eliminate one office in favor of the other. He questioned the ability of a non-licensed
individual to make survey judgements, stating that Utah Code limited the responsibilities of those
combined county offices of Recorder/Surveyor, and the legislative body of the county was
responsible for contracts for surveys if required. He believed there were many other problems with
combining these two offices if the ordinance did not require a duly licensed land surveyor.

Bill Hansen, North Ogden resident, asked that the offices not be combined because the two offices
served as a check and balance to hold each other accountable to protect the citizens’ rights. He had
heard the Commission say that the merge would save the county possibly $150,000-200,000 per
year but taxes had been raised not long ago by 30%, that lobbyists had been hired by the
Commission to do a job he believed was the Commission’s responsibility, that citizens elected
State legislators and U.S. congressmen to petition the State and Federal government on their
behalf, and by using those resources and not paying the lobbyist the county could keep both the
Recorder and Surveyor. He had also heard that 10 counties in the State combined these positions
but they were the 10 smallest counties, and the idea of merging these offices was to cover up
alleged illegal activities in the Recorder’s Office, and there must be an internal or external
investigation to resolve alleged land disputes in the Recorder’s Office. Mr. Hansen believed that
if these positions merged it would possibly open the door to more corruption.

Chair Dearden clarified that this proposed office combination had nothing to do with land disputes
but the issue of combining offices had been discussed for a number of years and they had to act
now to meet the statutory deadline. He said that the Weber County Commission lobbies the State
legislature and does not have a lobbyist for the State as many other cities and counties. For
Washington, D.C., however, the county hired a lobbying firm to handle important issues for the
entire county because it is difficult for the commissioners to constantly travel to Washington, D.C.
It is estimated that the lobbying firm could help bring millions of dollars to the county.
Commissioner Cain said that it had been the opinion of both the Recorder and Surveyor that there
would be some efficiencies gained in service to the people of the county if the offices were
combined. Additionally, these two offices were not elected everywhere in the world and the
important issue was to make certain the services were delivered.

Doug Crofts, County Recorder, stated that in counties where these two offices had been combined,
the protocol had been to put it alphabetically as Recorder/Surveyor, and he also recommended it
for Weber County. Commissioner Bischoff felt that it would be more appropriate to call the office
Recorder/Surveyor, that the salary should be left at the current salary, and he suggested deleting
unnecessary language in the ordinance relating to the year 2008 regarding the salary. David
Wilson, Deputy County Attorney, noted that after the first ordinance reading he had received
direction from the commissioners to add language that the plan for consolidation to be developed
by June 30, 2006 should include provisions for effecting efficiencies in personnel, equipment and
administration, and to project savings that may be generated thereby. Commissioner Cain noted
that the ordinance required the position to be either a State licensed surveyor or an employee
within that office.
Commissioner Bischoff moved to adopt Ordinance 2006-1 consolidating the offices, functions, and
duties of the Weber County Recorder and the Weber County Surveyor, creating the position of the
Weber County Recorder/Surveyor and establishing the salary as the present salary of the Weber
County Recorder with increases to reflect future budgets; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye




4. Action on a re-zone petition at Wolf Creek Subdivision Phase 1 Lot 1 & a portion
of adjoining property from Forest Valley (FV-3) to Commercial Valley (CV-2),
and the vacation of Wolf Creek Subdivision Phase 1 Lot1 - Contract C2006-12;
Ordinance 2006-2 & Ordinance 2006-3

Sean Wilkinson, County Planning Department, stated that a public hearing had been held on this
item on January 17, 2006 and no action had been taken. Chair Dearden explained the item had
been continued because there had been a concern regarding sufficient notification but the County
Attorney had subsequently issued a statement that notification had been properly given.

Commissioner Cain asked Mr. Wilkinson to address some email statements to the Commission by
the Home Owners Association. They had asked that if the parking lot was allowed that it be done
under a Conditional Use Permit rather than rezoning the property. The apparent concern was that
the property might be used for something other than a parking lot if rezoned. Commissioner Cain
had referred to the Planning Commission meeting minutes where that question had been addressed
and Monette Hurtado, Deputy County Attorney, responded that the rezone was limited to a parking
lot and if the petitioner did not build a parking lot, and within the allotted time (2 years), the
property would be rezoned back to the original zoning. Mr. Wilkinson concurred and David
Wilson, Deputy County Attorney, added that the Zoning Development Agreement put everyone
on notice to the terms.

Commissioner Cain asked if the current zoning would allow constructing the athletic facility with
some parking. Mr. Wilkinson responded that the current proposal was the only way to meet the
current ordinance. He explained that the athletic center would be built in a CV-2 zone but there
would not have been enough parking within the remainder of that CV-2 zone to accommodate the
ordinance requirements for parking and the rest of the parking lot would have been in the current
FV-3 zone. The ordinance requires an FV-3 parking lot to be with an FV-3 building. An athletic
center is not a permitted use in an FV-3 zone. Commissioner Cain felt that a Zoning Development
Agreement was the best way to assure the area homeowners that it would be restricted to a parking
lot use. Wolf Creek Development has signed a Zoning Development Agreement.
Commissioner Cain moved to adopt Ordinance 2006-2 of the Weber County Commissioners
vacating lot 1 of Wolf Creek Subdivision Phase 1 and all utility easements, located at
approximately 3900 N. Wolf Creek Drive; Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye





Commissioner Cain moved to adopt Ordinance 2006-3 amending the Weber County Zoning Map
by rezoning properties located at approximately 3900 N. Wolf Creek Drive from Forest Valley
Zone FV-3 to Commercial Valley Zone CV-2, and to approve Contract C2006-12, Zoning
Development Agreement; Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye





5. Approval of three election precinct changes to the 2006 maps

Scott Hogensen, Elections Administrator, noted that a few changes were made to the election
precincts and presented two maps to the Commission. Because of growth, both Farr West 1 and
Farr West 2 precincts needed to be divided. The plan, which was done in concert with Farr West’s
Recorder and Mayor, takes into account not only what is presently in place but also potential future
growth so that this change will last some time. Roy City had annexed a small part of Weber
County Roy 1 and Uintah City annexed a part of Weber County Uintah 3.
Commissioner Cain moved to approve the three election precinct changes to the 2006 maps; Chair
Dearden seconded, both voting aye.

6. Amending the Resolution Creating the Advisory Board for the Weber County Fair
& establishing board’s membership and operating procedures - Resolution -2006-1

Jan Wilson, Weber County Fair, presented amendments to this resolution, as requested by the
Board, including a reduction to its membership. The Board will consist of no more than 12
members to serve a 4-year term and no more than 3 members to serve a 1-year term. Honorary
board members may be appointed in addition to term members with non voting status.
Superintendents will be appointed in January.
Commissioner Cain moved to adopt Resolution 2006-1 amending the resolution that created the
Advisory Board for the Weber County Fair and establishing the board’s membership and operating
procedures; Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye





 7. Recommendation of the Weber County Fair Board regarding an appointee to fill
a vacancy on the Weber County Fair Board

Chair Dearden stated that mayors were rotated annually on this board and Mayor Jim McKay of
Huntsville was chosen to serve.
Commissioner Cain moved to appoint Mayor Jim McKay to fill a vacancy on the Weber County
Fair Board; Chair Dearden seconded, both voting aye.

8. Contract with American Land and Leisure to provide law enforcement services
on Pineview Reservoir - Contract C2006-13

Jerry Cook, Chief Deputy of the Weber County Jail, stated that the Sheriff’s Office had
responsibility to provide watercraft enforcement on the Pineview Reservoir and AL&L has
jurisdiction to coordinate campground, boat launching, and overall operation of the property within
the Forest Service on/around Pineview. This Memorandum of Understanding provides that AL&L
is willing to provide to the Sheriff’s Office funds from the fee charged for launching watercraft to
help defray the costs, at $1.00 per each boat launch, not to exceed $25,000 per year. This money
will be set aside to build up reserves for a boat replacement and related watercraft equipment.
Commissioner Cain moved to approve Contract C2006-13 by and between Weber County and
American Land and Leisure to provide law enforcement services on Pineview Reservoir; Chair
Dearden seconded, both voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., February 7, 2006, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Cain moved to adjourn at 11:14 a.m.; Chair Dearden seconded, both voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor