Minutes for 2006-10-31, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 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; 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 - David Wilson
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $138,448.89
2. Warrants #219021 - #219311 in the amount of $1,323,788.37
3. Minutes for the meeting held on October 24, 2006
4. Approval of an ACH payment to US Bank in the amount of $9,596.03
5. New Beer License Application
6. New Business License Applications
7. Set public hearing for November 28, 2006, 6 p.m., on the 2007 Tentative Budget
8. Set public hearing for November 7, 2006, 10 a.m., on Community Development Block Grants
Commissioner Bischoff moved to approve the consent items, holding the minutes; Commissioner
Cain seconded, all voting aye.

E. Presentation to Sheriff Brad Slater from the Department of Corrections for all the
support he has given Adult Probation and Parole

Brent Butcher, Department of Corrections, expressed that it was an honor to work with Sheriff
Brad Slater, whose professionalism and strong belief in the criminal justice system were reflected
through his deputies. Mr. Butcher recognized Sheriff Slater’s efforts in helping both the adult
probation parole and the Department of Corrections and presented him with a plaque signed by
Governor Huntsman Jr. and Scott Carver, Executive Director of Department of Corrections.
Sheriff Slater said that his department enjoyed the opportunity to work with the Department of
Corrections, specifically AP&P, and that this was a result of the good people in his department.
Chair Dearden, who was previously in law enforcement, said that the cooperation in law
enforcement between the State and Weber County was the best in the State and this was due to
leadership.

F. Action Items:

1. Request to formally adopt the 2007 Tentative Budget

Dan Olsen, County Comptroller, gave an overview of the budget process. He presented balanced
budgets for all funds with no tax increase. Mr. Olsen noted that this was the second year in a row
of a really low increase in health insurance premiums. The public hearing date has been set for
November 28, 2006. The commissioners thanked Dan, his staff, and others involved in this
process for their hard work.
Commissioner Cain moved to adopt the 2007 Tentative Budget; Commissioner Bischoff seconded,
all voting aye.

2. Contract with Attorney General’s Office to purchase services for the Children’s
Justice Center - Contract C2006-175

David Wilson, Deputy County Attorney, stated that this contract was for continuation of the
Children’s Justice Center funding through the State. The amount from July 1, 2006 through
September 30, 2007 is $259,738.00. All other terms will remain the same.
Commissioner Cain moved to approve Contract C2006-175 by and between Weber County and
the Attorney General’s Office to purchase services for the Children’s Justice Center;
Commissioner Bischoff seconded, all voting aye.

 

3. Resolution for the Weber County Housing Authority Multifamily Housing
Revenue Refunding Bonds (Cherry Creek Apartments Project) Series 1991-
Resolution 28-2006

Matt Dugdale, of George K Baum & Co., explained that this was for a credit substitution which
would save the Housing Authority money.
Commissioner Bischoff moved to adopt Resolution 28-2006 for the Weber County Housing
Authority Multifamily Housing Revenue Refunding Bonds (Cherry Creek Apartments Project)
Series 1991; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



4. appointing a member to the Hooper Cemetery Board

The commissioners had received incorrect information last week and appointed Mr. Wayment,
who was already appointed to the board.
Commissioner Cain moved to appoint Brian Beus to the Hooper Cemetery Board; Commissioner
Bischoff seconded, all voting aye.

5. Final approval of Paige Sanders Subdivision (1 lot) & acceptance of a financial
guarantee for $6,251.00

Sean Wilkinson, County Planning Department, stated that this subdivision was located at
approximately 2932 N. 3500 E. in the Nordic Valley area, it contains 1.45 acres, and is in the FV-3
Zone. This is a legal non-conforming subdivision which does not meet current zoning standards
but meets the requirements of Chapter 28-14.3. It was created prior to the July 1992 changes to
State Code which required every land division to become a subdivision. All engineering
requirements had been met. Commissioner Bischoff asked if the Planning Commission had
unanimously recommended approval of this item and Mr. Wilkinson replied it had been
unanimous.
Commissioner Bischoff moved to grant final approval of the Paige Sanders Subdivision (1 lot) and
acceptance of a $6,251.00 financial guarantee; Commissioner Cain seconded, all voting aye.

6. Agreement with Davis County for Bomb Squad Participation - Contract C2006-176

Lt. Doug Coleman, Weber County Sheriff’s Office, stated that not every county had a bomb squad
and Weber County would like to participate with Davis County. David Wilson, Deputy County
Attorney, requested a change to the Liability, Hold Harmless clause. Currently, the contract stated
that Weber would hold Davis harmless for any negligent acts by our officer, but he wished to add
“unless such negligent conduct or omission was the result of the Weber officer following the
direction pursuant to the supervision and control of Davis.” Sheriff Slater explained that this
contract allowed one of Weber’s officers to receive Bomb Squad training.

G. Public Hearings:

1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings;
Commissioner Cain seconded, all voting aye.

2. Public hearing on ZP #13-2006 by Casey Pratt to allow boat, personal
watercraft and ATV Rentals and Service as a Conditional Use in Commercial
Valley Zones (Chapter 18B)

Kevin Hamilton, County Planning Department, stated that there had been a lot of discussion
about this issue at the Planning Commission meeting and with the consent of the petitioner, they
determined that rental and service would be appropriate as an accessory to boat and personal
watercraft sales.

Casey Pratt, petitioner, requested that the Commission allow the rental of boats and personal
watercraft as an accessory to the sales and service stating that there was a great demand for the
service. Chair Dearden asked where this would be located and Mr. Pratt said it was in the
commercial area by the Valley Market and the Maverick. Chair Dearden invited public comments
and none were offered.

3. Public hearing on ZP #15-2006 by Brad Kelley to rezone property in the vicinity of
1736 N. 6250 E. from S-1 to AV-3

Chair Dearden stated that Mr. Kelley could not be present today and discussion was held but the
public hearing was continued to November 28. Kevin Hamilton, County Planning Department,
showed an area map indicating the location of this proposal. The petitioner had requested that his
3-acre parcel, which is split between AV-3 and S-1 zoning, be rezoned to make the entire parcel
AV-3. There is an existing home on the property and the rezoning will not allow for any additional
dwelling units. The property was reduced below 5 acres in violation of the Board of Adjustment,
thus creating a self imposed hardship for which the Board of Adjustment cannot grant a variance.
Mr. Hamilton stated that the county would not stop the current use but if the home burned down,
the petitioner would not be able to rebuild the home, however, he had the opportunity to purchase
adjoining property to come into compliance. There was discussion regarding setting a precedent.
Chair Dearden invited public comments and none were offered.
4. Commissioner Cain moved to adjourn the public hearings and reconvene the public meeting;
Commissioner Bischoff seconded, all voting aye.

5. Action on public hearings:

G.2. - Public hearing on ZP #13-2006 to allow boat, personal watercraft, ATV
rentals & Service as a Condition3al Use in Commercial Valley Zones

Commissioner Bischoff said that this request was consistent with the General Plan in the recreation
element to provide these services in the Ogden Valley.
Commissioner Bischoff moved to direct Planning staff to prepare the ordinance on ZP #13-2006
to allow boat, personal watercraft, ATV rentals and service as a Conditional Use in Commercial
Valley Zones under the terms defined by the Planning Commission; Commissioner Cain seconded,
all voting aye.

 

Commissioner Cain moved to adjourn the public meeting and to reconvene the public hearing on
ZP #15-2006 by Brad Kelley in order to continue it; Commissioner Bischoff seconded, all voting
aye.

 G.3. - Public hearing on ZP #15-2006 by Brad Kelley to rezone 1736 N. 6250 E.
Commissioner Cain moved to continue the public hearing on ZP #15-2006 by Brad Kelley to
November 28, 2006, 6 p.m.; Commissioner Bischoff seconded, all voting aye.

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

 

G.3. - Public hearing on ZP #15-2006 by Brad Kelley to rezone 1736 N. 6250 E.
Commissioner Cain moved to continue the public hearing on ZP #15-2006 by Brad Kelley to
November 28, 2006, 6 p.m.; Commissioner Bischoff seconded, all voting aye.

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

I. Public Comments: None

J. Closed Executive Session
Commissioner Bischoff moved to adjourn the public meeting and convene a closed executive
session to discuss the sale of real property and/or strategy relating to pending or imminent
litigation; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



There was no action on the closed executive session.

Adjourn:
Commissioner Bischoff moved to adjourn at 11:54 a.m.; Commissioner Cain seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor