Minutes for 2007-01-23, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 23, 2007 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

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; Jan Zogmaister; and Kenneth A. Bischoff.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $2,128,747.51
2. Warrants #222175 - #222403 in the amount of $791,486.59
3. Minutes for the meeting held on January 16, 2007
4. Approval for a preauthorized ACH payment to USBank in the amount of 9,290.98
5. Set public hearing for February 13, 2007, 10 a.m., on Zoning Petition ZP #23-2006 by Swanson
Foundation to add Public Safety Training Facility as allowed use in the Manufacturing M -1 Zone
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded,
all voting aye.

E. Presentation of the Seal of Service Award to James McBride

Chair Bischoff read the nomination submitted for Mr. McBride. Leonard Call, Information
Technology Director, outlined Mr. McBride’s duties stating that he took pride in all his work.
Chair Bischoff presented Mr. McBride with a plaque, an obelisk, a seal of service pin and $50.00.
Mr. McBride noted that he had very supportive co-workers and thanked them and the
Commission.

F. Evaluation Report on the 2006 Weber County Fair

Jan Wilson, Weber County Fair, presented the report that is completed after the Fair to use as a
guide to improve on the Fair. Ms. Wilson highlighted some of the events. She addressed Chair
Bischoff’s question regarding the number of attendants at the Fair stating that it was around 60,000
people. Commissioner Dearden expressed appreciation to Ms. Wilson and her staff for the Fair.

G. Action Items:

1. Contract with Midway West Amusements, Inc. to provide the carnival for the
Weber County Fair to be held August 8-11, 2007 - Contract C2007-39

Jan Wilson, Weber County Fair, stated that Midway would pay the county 25% of all advance
sales and 20% of all onsite sales. She noted that Midway had agreed with the changes made to the
contract by the County Attorney’s Office.
Commissioner Zogmaister moved to approve Contract C2007-39 by/between Weber County and
Midway West Amusements, Inc. to provide the carnival for the Weber County Fair to be held
August 8-11, 2007; Commissioner Dearden seconded, all voting aye.

 3. Contract with Ogden Eccles Conference Center to hold the Miss Weber County
Scholarship Pageant on February 23, 2007 - Contract C2007-40

Jan Wilson, Weber County Fair, presented this contract, which was in the amount of $1,810.00.
Commissioner Dearden moved to approve Contract C2007-40 by/between Weber County and
Ogden Eccles Conference Center to hold the Miss Weber County Scholarship Pageant on February
23, 2007; Commissioner Zogmaister seconded, all voting aye.

 

3. Discussion on an appeal of the Western Weber County Planning Commission’s
decision to deny a Conditional Use Permit for an accessory apartment located at
587 S. 7900 W.

Scott Mendoza, County Planning Department, noted that no one was present to represent the
petitioner. Mr. Mendoza had discussions regarding the date and time of today’s meeting, but to
ensure there was no misunderstanding because there were meeting notices in the Standard
Examiner that caused some confusion, this item will be held February 13, 2007.
Commissioner Dearden moved to ; Commissioner Zogmaister seconded, all voting aye.

4. action on an ordinance to rezone property in the vicinity of 1736 N. 6250 E. from S-1
to AV-3 in response to Zoning Petition #15-2006 by Brad Kelley - Ordinance 2007-3

Kevin Hamilton, County Planning Department, showed an area map and gave an overview of this
item as discussed at the County Commission’s public hearing on 12/13/2006 at which time
Planning staff was directed to draft an ordinance to rezone the petitioner’s property so that the
entire parcel was zoned AV-3. The petitioner owned property for which zoning was split between
the S-1 and the AV-3 zone and had an illegal lot. The Commission had concluded that the
rezoning would support the General Plan in that it would protect the private property rights by
allowing him to bring his property in compliance and it would not be in opposition to the General
Plan’s desire to maintain the rural atmosphere because it would not allow additional residential
development.
Commissioner Zogmaister moved to adopt Ordinance 2007-3, amending the Weber County Map
by rezoning property in the vicinity of 1736 N. 6250 E. from S-1 to AV-3 in response to Zoning
Petition ZP #15-2006 by Brad Kelley from Shoreline Zone S-1 to Agriculture Valley AV-3 Zone;
Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




5. Resolution disclaiming intent to provide sewer service to the area proposed to be
annexed by the Wolf Creek Sewer Improvement District - Resolution - 2007

Curtis Christensen, County Engineer, stated that Wolf Creek had recently approached his office
asking if the Commission would adopt a resolution stating they would not protest annexation of
property into their sewer district in some of the area that Wolf Creek currently served. This issue
came up because Wolf Creek was planning to obtain bonding to build a treatment plant and as part
of that process discovered that some of the area they were serving was not within their district
boundaries and they wished to annex them in. There is a waiting/notification period if the
Commission does not adopt the resolution and it would delay some of the District’s actions that
they need to take in order to construct their facility. Mr. Christensen and David Wilson addressed
Commissioner Zogmaister’s question regarding the waiting period explaining that it was to satisfy
State law. Mr. Wilson said that period was either 60 or 90 days and if the Commission did not act
or no protest was received within that period, the District could move forward anyway. This
resolution would expedite the process. If there was competing sewer provider interest it might be
of more concern. Mr. Christensen stated that the county does not serve sewer service in this area.
Commissioner Dearden moved to adopt Resolution 13-2007 disclaiming intent to provide sewer
service to the area proposed to be annexed by the Wolf Creek Sewer Improvement District;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




6. Resolution confirming sale &authorizing issuance of not more than $5,000,000
principal amount of Industrial Development Bonds (U.S. Holdings Manufacturing
Facility Project), Series 2007 of the County; & providing for related matters -
Resolution 14-2007

Brandon Johnson, Attorney, Chapman and Cutler, stated that his firm had been serving as bond
counsel on this transaction with U.S. Holdings and had come before the Commission in the past.
This was the final resolution prior to closing on the bonds. U.S. Holdings, based in Florida, would
like to move a facility to Weber County to serve their western customers. U.S. Holdings received
approval from the Utah Private Activity Bond Board last week. Mr. Johnson said that Ballard
Spahr had reviewed this item. Chair Bischoff noted that it had been determined in the past that
they would not be in competition with any existing business in this area and there was no financial
risk to Weber County. Mr. Johnson concurred adding that U.S. Holdings had a letter of credit
from Suntrust Bank, which would also back the bonds. Ron Kusina, Executive Director of Weber
County Redevelopment Agency, stated that an issuance resolution had been adopted last year, but
had not been able to close the deal and had to redo the process. He added that there was no
customer base in Weber County with which U.S. Holdings would compete with, and as long this
program was available to everyone it was equal to everyone.
Commissioner Zogmaister moved to adopt Resolution 14-2007 confirming the sale and authorizing
the issuance of not more than $5,000,000 principal amount of Industrial Development Bonds (U.S.
Holdings Manufacturing Facility Project), Series 2007 of the County; and providing for related
matters; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



7. Approval of a Notice of Creation of the Northern Regional Landfill Authority
an Interlocal Entity

Nate Pierce, County Operations Department Director, stated that a couple of weeks ago the
Commission had approved the creation of the Northern Regional Landfill Authority an Interlocal
Entity under an Interlocal Agreement. Pursuant to that agreement, the parties are to jointly file a
Notice of Creation with the Lt. Governor’s Office within 30 days of agreement execution.
Commissioner Dearden moved to approve the Notice of Creation of the Northern Regional Landfill
Authority an Interlocal Entity; Commissioner Zogmaister seconded, all voting aye.

8. Request to approve waiving $182.36 delinquent interest charge on LSN 22-213-0007

John Bond, County Treasurer’s Office, stated that the Tax Review Committee had unanimously
recommended waiving $182.36 in delinquent interest charges for land serial #22-213-0007 owned
by Chester/Tina Rector who purchased this property on 11/16/2005. Mr. Bond gave an overview
of this issue stating that the title company believed that the tax amount appeared low and made
requests to the county to fix the error but no adjustments were made. On 12/23/2006 the county
sent a letter to the former owner in Georgia that the tax notice for 2005 was in error and an
additional $1,950.23 was due. This was not forwarded to the new owners. In October 2006 the
Rectors received their first tax notice with a delinquent message.

Commissioner Zogmaister moved to approve waiving $182.36 delinquent interest charge for land
serial number 22-213-0007; Commissioner Dearden seconded, all voting aye.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, January 30, 2007, 10 a.m.

I. Public Comments: None

J. Motion to close public meeting to discuss strategy related to pending or
reasonably imminent litigation
Commissioner Dearden moved to close the public meeting to discuss strategy related to pending
or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


No action was taken on the closed executive session.

K. Adjourn
Commissioner Dearden moved to adjourn at 10:39 a.m.; Commissioner Bischoff seconded, all
voting aye.

 

Jan M. Zogmaister, Vice Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor