Minutes for 2006-11-21, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 21, 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.

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

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

D. Consent Items:
1. Purchase Orders in the amount of $220,441.49
2. Ratify Warrants #219455 - #219640 in the amount of $2,037,990.99 dated November 14, 2006
3. Warrants #219641 - #220438 in the amount of $1,122,856.94
4. Minutes for the meeting held on November 7, 2006
5. Reschedule continuation of the public hearing on ZP #15-2006 by Brad Kelley to rezone property
in vicinity of 1736 N. 6250 E. from S-1 to AV-3 from 10:00 a.m. on November 28, 2006 to 10:00
a.m. on December 12, 2006
Commissioner Cain moved to approve the consent items; Chair Dearden seconded, both voting
aye.

E. Presentation of the Commissioner’s Cup Charity Golf Tournament proceeds given to
designated charities - Boys & Girls Club and Christmas Box House

Introductions were made of those present for both charitable organizations and the commissioners
presented each with a $10,000.00 check. Chair Dearden said that this was the fourth golf
tournament that the Commission has held and has been able to donate over $40,000.00 to various
charities in the community because of the tournament and community support.

F. Action Items:

1. Contract with the Ferguson Group, LLC to act as the Washington Representative
to Weber County in Washington, D.C. - Contract C2006-186

Chair Dearden said that this contract was essentially the same as last year. Because of Ferguson’s
assistance, it is anticipated that a little over $1 million will come into the county for such
organizations as public safety, recreation, Fort Buenaventura, and possibly the Golden Spike
Events Center and storm water projects.
Commissioner Cain moved to approve Contract C2006-186 by and between Weber County and
the Ferguson Group, LLC to act as the Washington Representative to Weber County in
Washington, D.C.; Chair Dearden seconded, both voting aye.

 

 2. approval of First Reading of the Weber County Comprehensive Animal Control
Ordinance

David Wilson, Deputy County Attorney, stated that this would be the first reading of the ordinance.
Ron Willis, County Animal Control, noted that this ordinance had not been revised for some time
and needed to be amended. He researched nearby counties in drafting this ordinance. It now
includes that dog owners walking their dogs must clean up after their pets and motorists must stop
and render assistance if they hit an animal with their vehicle. One issue of concern is the fence-
in/fence out rule that needs to be addressed. Davis, Morgan, and Rich counties use fence-in rules.

Reed Richards, Deputy County Attorney, stated that this ordinance was the model for the cities in
the county and once adopted it would go to most cities for their consideration and he believed they
would adopt the same ordinance. He noted that the fence-in/fence-out rule was a significant issue.
Under civil provisions in State law it states that if one’s animal causes damage, that owner is
responsible unless the county has adopted a fence-out regulations. It is difficult in some areas of
the county to fence-out if the owner has a very large amounts of range land, which sometimes the
Forest Service owns and/or which the property owner may lease and some questions still need to
be addressed. He said that Box Elder had decided to do zones, but suggested that this issue be
decided prior to adopting this ordinance. The current ordinance is a fence-in statute.
Commissioner Cain moved to approve the first reading of the Weber County Comprehensive
Animal Control Ordinance; Chair Dearden seconded, all voting aye.

3. Petition to vacate a well protection easement in Lots 5 and 6 of Spring Mountain
Subdivision No. 2 located at approximately 3405 N. 2900 E.

Sean Wilkinson, County Planning Department, stated that this subdivision was originally approved
with a well to provide culinary water and a protection easement for that well was recorded on the
dedication plat. However, before the well was drilled, culinary water became available through
the Liberty Pipeline Company and both of these lots have hooked into it. Therefore, the proposed
well and protection easement are no longer necessary.
Commissioner Cain moved to adopt Ordinance 2006-22 vacating the well protection easement in
Lots 5 and 6 of Spring Mountain Subdivision No. 2 located at approximately 3405 N. 2900 E.;
Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



4. Final approval of Starnes Estates Amended Subdivision (2 lots) located at
approximately 2770 E. Shaw Drive

Sean Wilkinson, County Planning Department, stated that this subdivision was located in an AV-3
zone. This is a division of an existing subdivision and lot 1 has an existing home. No
improvements are required for this subdivision and all concerns had been addressed. The Planning
Commission had unanimously recommended final approval on September 26, 2006.
Commissioner Cain moved to grant final approval of Starnes Estates Amended Subdivision (2 lots)
located at approximately 2770 E. Shaw Drive; Chair Dearden seconded, both voting aye.

5. Lease Agreement with Xerox for a Copy/Printer in the Commission Office -
Contract C2006-187

Craig Dearden stated that the Commission Office needed to replace the old copier.
Commissioner Cain moved to approve Contract C2006-187, Lease Agreement by and between
Weber County and Xerox for a Copy/Printer in the Commission Office; Chair Dearden seconded,
both voting aye.

 

6. Approval of a Quit Claim Deed by and between Weber County and Pleasant View
City

Nate Pierce, County Operations Department Director, stated that Pleasant View City was in the
process of working with a developer to develop a parcel located at approximately 1100 W. between
4100 and 4300 N. Several years ago the county had been deeded two parcels of property to ensure
the easement and right-of-way there for the development of a street. This is still being proposed
to be developed as a street but the City is willing to take those parcels and put them into the street
development. Mayor Wheelwright petitioned that the county deed those parcels to the City and
once it is put in they will take responsibility for it.
Commissioner Cain moved to approve a Quit Claim Deed by and between Weber County and
Pleasant View City for the two parcels; Chair Dearden seconded, both voting aye.

G. Public Hearings:

1. Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Chair
Dearden seconded, both voting aye.

2. Public hearing to request approval of a road vacation proposal for a portion of
Wolf Creek Drive (S.R. 158) as part of a road alignment project

See item G.2 below. Sean Wilkinson, County Planning Department, presented this item and the
next one together as they are related. He stated that this proposal was located near the existing
Wolf Creek Resort clubhouse sits. Wolf Creek had petitioned the Planning Commission to build
a new reception center and part of the UDOT requirements called for the road to be realigned to
provide access. The realignment on different sides of the road required some areas to be vacated
and some additional area had to be dedicated. This vacation is for a piece of property
approximately 4938 sq, ft. on the west side of the road. UDOT has approved the road design and
construction is about complete. Chair Dearden invited public comments and none were offered.

3. Public hearing to request approval of a Road Dedication Plat for a portion of
Wolf Creek Drive (S.R. 158) as part of a road alignment project

See item above. Sean Wilkinson, County Planning Department, presented this item and the above
one together as they are related. He stated that this road dedication would be on the east side of
the road and was approximately 8581 sq. ft.

Chair Dearden invited public comments. Bob Dyer, Director of Planning & Development for Wolf
Creek Properties, showed the commissioners the layout of these changes. He said that the first turn
lane had been added to Wolf Creek Drive and the road had to be widened for it. For better site
distance the curb was straightened out so that it is no longer so sharp. Wolf Creek owns property
on both sides of the road, they are dedicating the property on the east and are requesting a sliver
on the other side to be vacated.

4. Commissioner Cain moved to adjourn the public hearings and reconvene the public meeting; Chair
Dearden seconded, both voting aye.

 5. Action on public hearings:

G.2. - Public hearing on road vacation for a portion of Wolf Creek Drive (S.R. 158)
as part of a road alignment project - Ordinance 2006-23
Commissioner Cain moved to adopt Ordinance 2006-23 vacating a portion of Wolf Creek Drive
(S.R. 158) as part of a road alignment project; Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye





G.3. - Public hearing on a Road Dedication Plat for a portion of Wolf Creek Drive
(S.R. 158) as part of a road alignment project
Commissioner Cain moved to approve a road dedication plat for a portion of Wolf Creek Drive
(S.R. 158) as part of a road alignment project; Chair Dearden seconded, both voting aye.

 

H. Assign Pledge of Allegiance &Thought of the Day for Tues., November 28, 2006, 10 a.m.

I. Public Comments:

Bob Hunter, of United Way, presented the commissioners with an award for the 2005 United Way
Campaign. This award honors Weber County as the most improved campaign for this past year.
Over the past two years Weber County had tripled its contributions. Chair Dearden, who has
worked with Mr. Hunter for a number of years, thanked him and said that United Way had come
a long ways under his direction. Chair Dearden expressed appreciation for all he does for the
community.

He honored Commissioner Cain today for the many positive things she had accomplished as a
County Commissioner and presented her with the book, Human Kind. He stated that she had
helped bring the Winter Olympics to Utah and assisted in making this event very substantial in our
county, that, especially her organization of a committee to help the homeless and that she
continued to be very supportive of this effort.

J. Recess Public Meeting until 12:00 p.m.
Commissioner Cain moved to recess the public meeting until 12:00 p.m.; Chair Dearden seconded,
both voting aye.

K. Reconvene Public Meeting
Commissioner Cain moved to reconvene public meeting; Chair Dearden seconded, both voting
aye.

L. Canvass of Elections held on November 7, 2006

The Board of Canvassers consisted of Commissioner Dearden, Commissioner Cain, and County
Attorney Mark DeCaria.

Linda Lunceford, Clerk/Auditor, stated that Scott Hogensen, Elections Administrator, would
present the canvass of elections, and added how well the election ran. This was the first full cycle
with the new electronic voting electronic equipment and Ms. Lunceford reported that Weber
County did very well and was very fortunate to have competent election staff and she
complemented them for running efficient, fair and accurate elections.

Mr. Hogensen said that the first State mandated audit of the election machines had been conducted
yesterday and he reported that the results had come out perfectly. He then read the election results.
There was a high percentage of returned absentee votes which showed that people were interested
in the election. Mr. DeCaria asked what was the percentage of Weber County voters who had cast
votes, if that was percentage was low, and if there had been any problems with the electronic
voting machines. Mr. Hogensen responded that there had been a 44.1% voter turnout, which was
a good percentage, and some problems had been quickly fixed. Commissioner Cain asked about
the paper ballots Mr. Hogensen had mentioned and he explained that some people had refused to
vote on the electronic machines and had the opportunity to vote on a paper ballot. Chair Dearden
said that at the Utah Association of Counties meeting last week the BYU group that had conducted
the exit polling reported on what they had found and it was great news because over 90%, and in
most cases over 95%, had been satisfied with the voting process. Chair Dearden thanked Mr.
Hogensen and the election staff for their hard work and dedication.
Mr. DeCaria moved to approve the election results as presented; Ms. Cain seconded, all voting aye.

M. Adjourn
Commissioner Cain moved to adjourn; Chair Dearden seconded, both voting aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor