Minutes for 2006-12-05, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 5, 2006 - 6:00 p.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: David C. Wilson, Deputy County Attorney; Dan Olsen, County Comptroller,
Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $133,258.01
2. Warrants #220666 - #220876 in the amount of $346,440.18
3. Minutes for the meetings held on November 21 and November 28, 2006
4. Set public hearing for January 9, 2007 for a Subdivision Ordinance amendment, Subord #01-06
proposed amendments to Chapter One
5. Set public hearing for January 9, 2007 on ZP #14-2006 by Dave Lesley to amend the Zoning
Ordinance, Chapter 6, “Agricultural A-2 Zone,” to allow up to 6 employees as part of a home
occupation with visiting clientele
6. Set public hearing for January 9, 2007 on Zoning Petition ZP #21-2006 by Audrey & Rod Carver
to amend Chapter 5B (Agricultural Valley AV-3) of the Uniform Land Use Ordinance of
Unincorporated Weber County by adding “Petting Zoo” as a permitted use
7. Set public hearing for January 9, 2007 on Zoning Petition ZP #20-2006 by Erich Sontag to rezone
property at approximately 1900 N. 5900 E. from Shoreline S-1, to Agricultural Valley AV-3
8. Surplus a desk from the Utah State University Extension Office
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Presentation: Public Service Award given by the Department of Corrections of the
State of Utah to the Weber County Kiesel Facility

Brent Butcher, Adult Probation and Parole, noted that the Department of Corrections on an annual
basis recognized people in the community, especially members of federal, state or local
governments, whose actions had benefitted the Department of Corrections. Today the Department
recognized the Kiesel jail facility, which has been allied with the Department for some time in
various programs. He presented Chief Gerald Cook with a plaque signed by the Governor of Utah,
Jon Huntsman Jr. Chief Cook stated that this was well deserved by the staff at the Kiesel facility
who put in a lot of effort, specifically Sgt. David Porter and his staff.
 F. Action Items:

1. Action on ZP #13-2006 by Casey Pratt to amend Weber County Zoning Ordinance
to allow boat, personal water craft rentals and service as a conditional use in
the Commercial Valley Zones (Chapter 18B) - Ordinance 2006-25

Kevin Hamilton, County Planning Department, noted that a public hearing had been held on this
petition. At that hearing, the Commission had directed staff to prepare an ordinance meeting the
Planning Commission’s recommendation to approve that use.
Commissioner Cain moved to adopt Ordinance 2006-25 to amend the Uniform Land Use
Ordinance to allow boat and personal water craft rentals as an accessory use to boat sales and
service as a conditional use in the CV-2 Zone; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



2. Resolution appointing two members to the Weber Human Services Board -
Resolution 31-2006

Chair Dearden stated that Harold Morrill, Weber Human Services Director, had sent a letter
recommending that Joe Ritchie serve on the Council on Aging (term ending 12/31/2009) and Kim
Dohrer to fill Mr. Ritchie’s term as the Substance Abuse representative through 12/31/2007.
Commissioner Bischoff moved to adopt Resolution 2006-31 appointing to the Weber Human
Services Board of Directors; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


3. Settlement Agreement with Blue Sky Energy and Smith Power Products to settle
claims on the generator installation at the Landfill Gas Project - Contract
C2006-197

Gary Laird, Transfer Station Manager, stated that this settlement agreement was to resolve some
issues with the landfill gas project existing from its inception. The generator had been running at
about 1/3 of its ability. Mr. Laird said that the basic problem was that the generator had not been
able to function in an outdoor environment, although those who installed it had tried many
adjustments. The only apparent solution was to construct a building. Rather than to get into a
lengthy court battle, the county agreed to not request any other damages if Smith Power
constructed the building. Mr. Laird said that SCS had been holding $27,203 for the county and
would be paying it to Smith Power for the balance on an invoice, and that SCS was to make its
best efforts to bring the generator up to its prime operating condition. It is expected that
Jenbaucher, the equipment manufacturer, would extend the warranty one year. Chair Dearden held
meetings with Chris Allred, Deputy County Attorney, and with Mr. Laird, and stated that it was
because of their efforts that Smith Power would be constructing the building. Commissioner
Bischoff asked about the warranty and Mr. Laird said that there had been indication from the
manufacturer that they would extend it.
Commissioner Bischoff moved to approve Contract C2006-197, Settlement Agreement by and
between Weber County, SCS Blue Sky Energy and Smith Power Products to settle claims on the
generator installation at the Landfill Gas Project; Commissioner Cain seconded, all voting aye.

 

 4. Request for approval of Interlocal Agreement with Box Elder County, Logan
City and Wasatch Integrated Waste Management District to create the Northern
Utah Regional Landfill Authority

Gary Laird, County Waste Management, said that this agreement was to form an interlocal entity
that could entertain proposals for a regional landfill, seek proposals or purchase land, and create
its own landfill wherein all participants would have equal ownership. Those who would place
waste in it would pay tipping fees; the landfill would be paid for through tipping fees. The
agreement allows for a regional landfill, which is believed to best serve the citizens, realizing
economies of scale, decreasing costs and increasing efficiency. Weber and Davis counties have
fairly large waste streams and Cache is getting to be as well. There is a better likelihood of finding
landfill space in Box Elder County than in the other counties.

The agreement called for each entity to have two representatives, or an eight member governing
board. There would be an operations committee consisting of one operations staff from each
county to provide input to the governing board. David Wilson, Deputy County Attorney, outlined
amendments made today: the parties were to share in the capital costs of setting up the facility, but
expenses thereafter would be paid by the tipping fees; clarification was made that employees
working for the Regional Landfill Authority would not also be employees of one of the other
entities, but they could contract out; and insurance and indemnification requirements were added
so that the Authority insures itself and indemnifies the members.

Chair Dearden agreed with the direction of this agreement but expressed concern with the authority
given to the Regional Landfill Authority to make decisions that are binding on the County
Commission without Commission approval, such as land purchase. Additionally, he noted that
all entities had not signed the same final agreement because there had been a few versions
circulating. Nathan Rich, Director of Wasatch Integrated Waste Management, stated that the
Wasatch Integrated Board had approved this contract about one month ago, subsequently, Cache
County’s Solid Waste Advisory Board, its Citizen’s Advisory Board, and the City Council adopted
a resolution, and Box Elder County had adopted a resolution. These resolutions indicated that they
concurred with the agreement as long as it was in substantially the same form and there was final
review by an attorney. Commissioner Cain asked that clarification on costs of organization be
made–currently, this document defined it as being borne equally by members but there was no
allocation for waste stream size. Additionally, she objected to the provision for Authority Board
members and committee members to be paid–all those people were working and being paid already
by their local entities. Mr. Rich agreed. This contract will be further reviewed and placed on next
week’s agenda. Glen Burton, representing Pacific West, owner of the only permitted long-term
landfill, disagreed with Weber County not having a weighted vote but Logan City, which provided
a fraction of Wasatch Front’s waste stream, received a full vote.

G. Public Hearing:

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

2. Public hearing on 2007 Tentative Budget

Dan Olsen, County Comptroller, outlined the budget process, showed a slide presentation and
made handouts available to the public. The tentative budget was adopted October 31, 2006, which
was the budget being presented tonight. There was no property or sales tax increase proposed in
this budget.  This budget has been on the website since adoption to allow public review and tonight the public
could give input. Action will be taken next Tuesday to adopt the final budget and no substantive
changes will be made.

Mr. Olsen reviewed General Fund revenues and expenditures, Weber County economic indicators,
historical perspective, etc. He said that all economic indicators were positive for counties along
the Wasatch Front. This year the capital outlay of $8.8 million was higher than for the past couple
years mostly due to the new library building that will be constructed in the Spring. He showed the
growth in property tax revenues of about 4.2 % in 2006 and there had been remarkable growth in
sales tax revenues for about three years and these trends were evident along the Wasatch Front.
The county has essentially capped out on revenues from State and federal government for housing
inmates for the last three years. The jail is full and no revenue increases are expected.

Chair Dearden invited public comments and Connie Chandler noted that this was the same budget
presented on 10/31/2006 and Mr. Olsen explained that it was. David Wilson asked if Mr. Olsen
had ever prepared a chart to show what the RDAs do to the property tax growth. Mr. Olsen
showed the RDA adjustment, stating that even though values throughout the county were close to
$200 million, half of that was in RDAs, which did not go into property tax revenue for some time.

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

4. Action on public hearing: None required.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, December 12, 2006, 10 a.m.

I. Public Comments:

J. Adjourn
Commissioner Bischoff moved to adjourn at 6:59 p.m.; Commissioner Cain seconded, all voting
aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor