Minutes for 2006-04-04, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 4, 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; Camille T. Cain; and Kenneth A. Bischoff.

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 - Linda Lunceford
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $29,057.08
2. Warrants #211815 - #212037 in the amount of $1,066,399.04
Commissioner Cain moved to approve the consent items; Commissioner Bischoff seconded, all
voting aye.

 

E. Action Items:

1. Request from Weber Pathways for assistance concerning public rights & usage
of pathways along the east bench & canyons in Weber County

This item was held.

2. ratify approval of an agreement with Weber County, Stearns, Conrad and
Schmidt, Consulting Engineers, Inc. d/b/a SCS Engineers (“SCS”), Ray Ward
Construction, (“RWC”) and Clark Country Electric, Inc. (“CCE”) for the purpose
of settling certain construction cost claims - Contract C2006-37

Gary Laird, Transfer Station Manager, stated that this was settlement of a claim on the landfill gas
to energy project. Upon investigation it was discovered that the contractor had performed some
work that was not on the original drawings and this is the settlement of that issue. SCS and Weber
County are paying a combined total of $19,437.80 and SCS will also pay $18,294.83 to RWC.
Commissioner Bischoff moved to ratify agreement C2006-37 made by and among Weber County,
Stearns, Conrad and Schmidt, Consulting Engineers, Inc. d/b/a SCS Engineer, Ray Ward
Construction, and Clark Country Electric, Inc., for the purpose of settling certain construction cost
claims; Commissioner Cain seconded, all voting aye.

 

3. Final approval of an Ordinance adopting the State Boating and Water Code for
Weber County - Ordinance 2006-5

4. Final approval of an Ordinance adopting the State Off-Highway Vehicle Code for
Weber County - Ordinance 2006-6

5. Final approval of an Ordinance adopting the State Wildlife Resources Code for
Weber County - Ordinance 2006-7

David Wilson, Deputy County Attorney, presented the three above items, E.3., E.4. and E. 5.
together. First readings occurred on these three ordinances last week and they simply incorporate
the State Code relating to Boating and Water Code, Off-Highway Vehicle Code, and Wildlife
Resources Code into County Code. Mr. Wilson and the commissioners stated they had not
received any public input on these ordinances.
Commissioner Bischoff moved to adopt Ordinance 2006-5 of the Board of County
Commissioners of Weber County adopting the State Boating and Water Code for Weber County;
Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


Commissioner Bischoff moved to adopt Ordinance 2006-6 of the Board of County
Commissioners of Weber County adopting the State Off-Highway Vehicle Code for Weber
County; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


Commissioner Bischoff moved to adopt Ordinance 2006-7 of the Board of County
Commissioners of Weber County adopting the State Wildlife Resources Code for Weber County;
Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



6. Request to ratify a contract with Spikers High School Rodeo for the date of
April 1, 2006 at the Golden Spike Event Center - Contract C2006-38

Jim Harvey, GSEC, presented this standard contract stating that the rates had been matched with
those of Davis County’s Conference Center. Commissioner Bischoff thanked the GSEC staff for
forming a good relationship with the Spikers, who appreciated their efforts to accommodate them.
Commissioner Bischoff moved to ratify Contract C2006-38 by and between Weber County and
Spikers High School Rodeo for April 1, 2006 at the Golden Spike Event Center; Commissioner
Cain seconded, all voting aye.

 

7. Ratify Contract with Reis Ranch Productions Inc. for a Horse Clinic to be held
on May 28, 2006 at the Golden Spike Event Center - Contract C2006-39

Jim Harvey, GSEC, gave an overview of this standard contract.
Commissioner Cain moved to ratify Contract C2006-39 by and between Weber County and Reis
Ranch Productions Inc. for a horse clinic to be held on May 28, 2006 at the Golden Spike Event
Center; Commissioner Bischoff seconded, all voting aye.

 8. Resolution approving execution/delivery of a Lease/Purchase Agreement, dated
as of 4/1/ 2006 by/between Utah Association of Counties (UAC), Lessee, & Zions First
National Bank, Lessor, approving/ratifying execution, sale & delivery by Trustee
of refunding Certificates of Participation, series 2006, in the total principal
amount of not to exceed $1,250,000, representing proportionate interests in the
association’s lease payments under the lease; approving execution/delivery by the
association of an Indenture of Trust & Pledge, a Ground Lease Agreement, &
other documents required in connection therewith; approving terms & conditions
of said certificates; authorizing the refinancing of (I) The acquisition of certain
real property & (II) the construction, acquisition, equipping & furnishing of a
facility and certain improvements of said Real Property; and authorizing the
Take of all other actions necessary to the consummation of the transaction
contemplated by this resolution and related matters - Resolution 6-2006

David Wilson, Deputy County Attorney, stated that UAC desired to refinance the existing bonds
on their Salt Lake City building. This is in part a result of the Utah Counties Insurance Pool’s
(UCIP) decision to move to another building. (UCIP has now moved to another building). UAC
is buying out UCIP’s interest and refunding the bonds. Because UAC is not a governmental entity
the refinancing is accomplished through the use of certificates of participation with the counties
all participating in the process. Mr. Wilson noted that if a county did not pay its assessment, it
would lose its equity position in the building, and if all counties were to withdraw from UAC, the
last county to withdraw would own the building and be responsible for the debt. As UAC has been
organized for over 50 years, Mr. Wilson did not feel that participating would pose a significant risk
and recommended approval.

Commissioner Cain, current UAC president, stated that this refinancing would be on the same
terms for the county as they were for the bonds under which the building was initially purchased.
UAC chose to refinance the bonds and lower the interest rate and the total principal amount.
Commissioner Cain moved to adopt Resolution 6-2006 of the Board of County Commissioners
of Weber County, Utah, approving the execution and delivery of a Lease/Purchase Agreement,
dated as of April 1, 2006 by and between the Utah Association of Counties, as Lessee, and Zions
First National Bank, as Lessor, approving and ratifying the execution, sale and delivery by the
Trustee of refunding Certificates of Participation, series 2006, in the total principal amount of
not to exceed $1,250,000, representing proportionate interests in the Association’s lease
payments under the lease; approving the execution and delivery by the Association of an
Indenture of Trust and Pledge, a Ground Lease Agreement, and other documents required in
connection therewith; approving the terms and conditions of said certificates; authorizing the
refinancing of (i) the acquisition of certain real property and (ii) the construction, acquisition,
equipping and furnishing of a facility and certain improvements of said real property; and
authorizing the taking of all other actions necessary to the consummation of the transaction
contemplated by this resolution and related matters; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



10. Agreement by and between Weber County and Hawkins Creek Subdivision for
Sewer Maintenance - Contract C2006-40

Curtis Christensen, County Engineer, stated that several years ago (see Minutes, 11/27/2001) the
County Commission agreed to become the body politic for a development called Hawkins Creek
Subdivision located off the old Snow Basin Road. This facility consists of a septic tank and a
common drain field–working solely by gravity with no mechanical equipment. This gravity sewer
collection system will be privately owned by the Association with oversight by the county. A
condition of the county becoming the body politic was that an agreement with the developer be put
in place.
This agreement contains several important items which include that the developer is responsible
for all the associated costs–he will install the facilities, maintain, and operate them on a daily basis;
he will report to the county through County Engineering, and the county has the right to inspect
the facility. When the county approves release of the initial bond from the developer, the
developer shall turn over to the Association ownership and control of the sewer system. The
Association has also agreed to move into a future district that is created or to annex into an existing
one if the Commission desires it. Mr. Christensen noted that the Association would assess any fees
that they deem necessary to operate the facility. They will have one year’s time to set aside a
reserve fund because the county has access to an escrow set up under the development agreement.
Commissioner Cain moved to approve Contract C2006-40 by and between Weber County and
Hawkins Creek Estates Development, LLC, and Hawkins Creek Estates Homeowners
Association, Inc. for sewer maintenance; Commissioner Bischoff seconded, all voting aye.

 

9. Final approval of The Legends at Hawkins Creek a Cluster Subdivision at 1500 S.
Old Snow Basin Road, 41 lots, including a $1,556,794.53 financial guarantee

Kevin Hamilton, County Planning Department, stated that this subdivision was the subject of the
sewer agreement in the previously discussed item, E.10. The Planning Commission unanimously
recommended approval of this cluster-type subdivision. Commissioner Bischoff asked if Mr.
Hamilton had any concerns and he did not, stating that this item came with a large financial
guarantee because there was a lot of work to be done since it is a fairly steep area. Commissioner
Cain asked if the Hillside Review Board had reviewed this item and Mr. Hamilton stated that it
was subject to the developer conforming to requirements of the geo-tech report and studies. This
will occur in two phases and County Engineering will work with the developer to ensure those
conditions are met. Some of the lots fall under the restricted category and when homes are built,
a separate hillside review will be required. Commissioner Cain asked if there were specific
requirements for soil retention for the roads where there would be cut and fill done and if staff was
sure the requirements were adequate and that standard processes were being applied. Mr.
Hamilton felt confident with the process.
Commissioner Bischoff moved to grant final approval of The Legends at Hawkins Creek a
Cluster Subdivision at approximately 1500 S. Old Snow Basin Road consisting of 41 lots,
including a financial guarantee in the amount of approximately $1,556,794.53; Commissioner
Cain seconded, all voting aye.

 

F. Assign Pledge of Allegiance & thought of the day for Tues., April 11, 2006, 10 am

G. Public Comments: None

H. Adjourn
Commissioner Bischoff moved to adjourn at 10:23 a.m.; Commissioner Cain seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor