Minutes for 2006-08-15, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 15, 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 Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Dan Olsen
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $274,010.62
2. Ratify Warrants #216100 - #216413 in the amount of $854,859.78 dated August 8, 2006
3. Warrants #216414 - #216675 in the amount of $2,233,605.32
4. Minutes for meeting held on August 1, 2006
5. Set public hearing date for September 5, 2006, 10 a.m. on Zoning Petition ZP#11-05 amending
the Uniform Zoning Ordinance of Unincorporated Weber County - Chapter 9C Commercial
Valley Resort Recreation Zone CVR-1
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Action Items:

3. Resolution approving an amended Interlocal Agreement by and among Utah
Counties Insurance Pool, Weber County and all other Counties now participating
in the Utah Counties Insurance Pool - Resolution 12-2006, Contract C2006-126

David Wilson, Deputy County Attorney, noted the substantive changes, which included that
Washington County would now have a permanent position on the board and the designation of
two-year terms for the Law Enforcement, Litigation and Personnel Committees.
Commissioner Bischoff moved to adopt Resolution 12-2006 approving an amended Interlocal
Agreement C2006-126 by and among Utah Counties Insurance Pool, Weber County and all other
Counties now participating in the Utah Counties Insurance Pool; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye







4. Ingress & Egress Easement Agreement with Utah Smith, LLC - Contract C2006-127

Gary Laird, Transfer Station Manager, stated that when the property had been purchased for the
Transfer Station from Bert Smith, Mr. Smith had indicated at that time that he wanted an easement
across that property to some land which he owned behind the Transfer Station. At that time it was
not known the exact location of the Transfer Station and Mr. Smith had agreed to wait until that
was finalized.
The county tried to work with the canal company to try to find a better easement for Mr. Smith,
but that did not work out. This easement parallels the railroad tracks on the west end of the
Transfer Station and Mr. Laird felt it worked well. The easement stipulates that if the county’s
operations change, the easement location can be changed. Chair Dearden noted that this item had
been worked out with Mr. Smith’s attorney.
Commissioner Cain moved to approve Contract C2006-127, Ingress and Egress Easement
Agreement by and between Weber County and Utah Smith, LLC; Commissioner Bischoff
seconded, all voting aye.

 

5. Contract with Wheeler Machinery Company for a lubrication and maintenance
agreement for Cat 950H - Contract C2006-128

Gary Laird, Transfer Station Manager, stated that this was the standard lube and maintenance
agreement for equipment (950H loader) at the Transfer Station. The contract amount is $6,935.00
for 8 services or 2 years, whichever comes first.
Commissioner Bischoff moved to approve Contract C2006-128, by and between Weber County
and Wheeler Machinery Company for a lubrication and maintenance agreement for Cat 950H;
Commissioner Cain seconded, all voting aye.

 

1. Contract with Utah Commercial Title for dial-up access to the Weber County
Tax System - Contract C2006-129

Items E.1 and 2 were handled by Doug Crofts, County Recorder, who stated that these two
companies had requested connection to the county’s computerized abstract system. These are
standard contracts. Commissioner Cain noted that they pay a base fee of $250 and then a monthly
fee based upon percentage of usage. The county had received the $250 connection fees for both.

2. Contract with Patriot National Title for dial-up access to the Weber County Tax
System - Contract C2006-130

See item E.1.

 

6. Contract with the National Cutting Horse Association for Western National
Championships for 2007, 2008, & 2009 to be held at the Golden Spike Event Center -
Contract C2006-131

Jim Harvey, GSEC, stated that this contract represented a great economic impact to Weber County
as it was one of the largest equine shows in the Intermountain West. It is basically the same
contract signed three years ago with the exception that while the county has obligated itself to a
bedded stall, the NCHA prefers an unbedded stall when they arrive. Mr. Harvey said that their
request could potentially save the county $4,000-$6,000 in bulk shavings costs, plus labor as well.
Commissioner Bischoff moved to approve Contract C2006-131, by and between Weber County
and the National Cutting Horse Association for the Western National Championships for the years
of 2007, 2008, and 2009 to be held at the Golden Spike Event Center; Commissioner Cain
seconded, all voting aye.

 

 7. Right of Way Easement Agreement with Pacific Corp. to establish right of way
for relocation of UP&L power line due to reconfiguration of I-15 - Contract
C2006-132

Nate Pierce, Operations Department Director, stated that at the June 27, 2006 meeting he had
presented a letter from PacifiCorp asking for permission to move a power line that crossed the
landfill. The relocation was needed due to I-15 improvements. The Commission had approved
a letter of intent with PacifiCorp to complete the work on the relocation of the power line and
replacement of poles. PacifiCorp will pay the county $850 for this easement. Mr. Pierce directed
attention to part of the legal description on the document which stated that “a right of way 60 ft.
in width, being 30 ft. on each side of the power lines as constructed...” was acceptable to Ernest
Rowley, County Surveyor.
Commissioner Cain moved to approve Contract C2006-132, Right of Way Easement Agreement
by and between Weber County and Pacific Corp. to establish right of way for relocation of Rocky
Mountain Power (formerly Utah Power) power line due to reconfiguration of I-15; Commissioner
Bischoff seconded, all voting aye.

8. Final approval of Basinview Estates Cluster Subdivision at approximately 1700
South 5525 East (Old Snowbasin Road) in the Snowbasin area. The subdivision will
consist of 8 lots and will include a financial guarantee of $386,200.00

Scott Mendoza, County Planning Department, stated that this subdivision was located above the
Wheeler Creek Drainage, towards the summit of that road. The subdivision will consist of 29.92
acres with 14.4 acres of open space and about half of a mile of private road improvements. These
private road improvements have been proposed to be 25 ft. wide rather than the standard 31 ft.
The developers will locate the private road within a 50 ft. easement rather 60 ft. The County
Engineers Office had reviewed this and felt it was appropriate for that area. The Ogden Valley
Planning Commission unanimously recommended approval.

Chair Dearden asked if this was going to be a gated community and Mr. Mendoza responded that
it had been originally proposed that way but the owners had subsequently decided not to gate it.
Chair Dearden also asked about the possibility of this half mile road falling back to the county.
Mr. Mendoza replied that the developers had not shown any interest of this ever becoming a public
road and he added that the CC&Rs had been put in place indicating that it is a private road. He
believed the private road standards were being held to so that if it did come under the county’s
jurisdiction it was built at a standard that could be accepted by the county. The developers are
stubbing this to the property on the north, ending it with a 55 ft. radius temporary turn-around until
development continues.

Commissioner Bischoff asked about sewer and Mr. Mendoza said it was a State system, it would
have a collection system coming from each home to a 4,000 gallon septic tank, and would drain
into a common drain field. Commissioner Cain asked if the developers had amended their plan
to include the pathways and Mr. Mendoza responded they had approached Pathways to find out
what was needed. When he researched this he only found one plat that had a red mark stating
“path to be located on this side of the road” but a path type was not specified on the drawing. The
original letter from Pathways was for a sidepath, which would require an open area of at least 10
ft. between the traveled roadway and the edge of the pathway and the developer had asked
Pathways to review that requirement. Pathways had visited the site and then sent a letter to the
county stating that a shared roadway would be adequate and have the least amount of impact.
There are not many lots and there may not be a lot of year-round use.
Commissioner Bischoff moved to grant final approval of Basinview Estates Cluster Subdivision,
(8 lots) located at approximately 1700 South 5525 East (Old Snowbasin Road) in the Snowbasin
area and a financial guarantee in the amount of $386,200.00; Commissioner Cain seconded, all
voting aye.

 

9. Contract with the Second District Court to provide Bailiff Service for each
session of Juvenile Court - Contract C2006-133

Chris Zimmerman, County Sheriff’s Office, presented this item and the following one together.

He stated that this contract allowed the Sheriff’s Office to provide bailiff services to the Juvenile
Court for the term from July 1, 2006 through June 30, 2007 and the compensation is to not exceed
$157,100.00. Chief Zimmerman addressed Chair Dearden’s questions regarding the number of
full time bailiffs and hourly rate calculations.

The contract amount for the District Court bailiff services is $155,000.00 from 7/1/2006 -
6/30/2007.

Discussions ensued about the county not being paid the full amount to cover its costs, but this is
determined by the legislature. However, some progress has been made and the figures are closer
to the costs than previously.

10. Contract by and between Weber County and the Second District Court to provide
Bailiff Service for each session in District Court - Contract C2006-134

See above item, E.9.
Commissioner Cain moved to approve Contract C2006-133 by and between Weber County and
the Second District Court to provide bailiff service for each session of Juvenile Court and Contract
C2006-134 by and between Weber County and the Second District Court to provide bailiff service
for each session in District Court; Commissioner Bischoff seconded, all voting aye.

 

11. Contract with the State of Utah Internet Crimes Against Children (ICAC)Task
Force for equipment, training & personnel to apprehend & prosecute internet
predators - Contract C2006-135

Chris Zimmerman, County Sheriff’s Office, stated that this was the 2006 Memorandum of
Understanding for ICAC. This organization has existed for about 10 years and is comprised of
detectives and patrol officers from throughout the county that come together in their off duty time
to attempt to apprehend and prosecute internet sexual predators who try to exploit children. This
had been a federally-funded program but the funds are dwindling and the State legislature saw the
need and allocated money through the Attorney General’s Office to continue it. This MOU is in
the amount of $42,000.00 from 7/1/2006 - 6/30/2008.
Commissioner Bischoff moved to approve Contract C2006-135 by and between Weber County and
the State of Utah Internet Crimes Against Children Task Force (Attorney General’s Office) for
equipment, training and personnel to apprehend and prosecute internet predators; Commissioner
Cain seconded, all voting aye.

 

12. Ratification of agreement with the State of Utah Department of Technology
Services for Aerial Photography Acquisition - Contract C2006-136

Ernest Rowley, County Surveyor, stated that this contract was with the State’s AGRC Office for
aerial photography for the lower valley. Because of the number of entities participating, the cost
will be lower than anticipated. Chair Dearden reported that this item had been discussed recently
at a Commission meeting, and there had been a subsequent meeting of pertinent staff as directed.
This contract is adequate only for some county applications and they were trying to negotiate a
contract for the remaining county. This contract is in the amount of $50,000 to come from Weber
County. Mr. Rowley addressed the commissioner’s questions. He said that funding was being
discussed and some funds may come from Stormwater funds. He had received verbal
commitments from about half of the cities.

Curtis Christensen, County Engineer, stated that there were some funds in Stormwater set aside
by the Commission and that aerial photography was a very valuable tool for stormwater. Mr.
Rowley believed that the $50,000 would be coming out of these funds and the agreement was
approved upon that assumption.
Commissioner Bischoff moved to approve Contract C2006-136, ratification of an agreement by
and between Weber County and the State of Utah Department of Technology Services for aerial
photography acquisition; Commissioner Cain seconded, all voting aye.

 

13. Retirement Agreements for the following employees:
Kathy Montgomery
Orville Dean Bybee - Contract C2006-137
Barre Draper - Contract C2006-138
John Rodabough - Contract C2006-139

David Wilson, Deputy County Attorney, stated that it had been the recommendation of the County
Attorney’s Office that anyone retiring from Weber County, who had the opportunity of accessing
health benefits, sign a retirement agreement, though this was not required by law but was helpful
to the employee to understand the benefits. Mr. Wilson emphasized that these four agreements
were not early buy-outs. Weber County currently offers a health benefit for a number of years for
someone who qualifies for early retirement, but that amount is capped at the amount the county
pays for that the plan level. Commissioner Cain asked about the insurance figures in Ms.
Montgomery’s contract to be paid by Weber County as it was differed from the other contracts.
Commissioner Bischoff moved to approve Retirement Agreements for Orville Dean Bybee,
Contract C2006-137; Barre Draper, Contract C2006-138; John Rodabough, Contract C2006-139
and to hold Kathy Montgomery’s contract until the insurance figures can be verified;
Commissioner Cain seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tues., August 22, 2006, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Cain moved to adjourn at 10:53; Commissioner Bischoff seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor