Minutes for 2007-03-27, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 27, 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: Kenneth A. Bischoff, Chair, Jan M. Zogmaister, and Craig L. Dearden.

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 - Gary Laird
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $187,493.06
2. Warrants #224152 - #224323 in the amount of $708,679.15
3. Minutes for the meeting held on March 20, 2007
4. Approval of ACH payment to US Bank in the amount of $30,373.31 for purchasing card
transactions through billing cycle ending March 15, 2007
5. Request from the Assessor’s Office to surplus 2 office chairs and 1 credenza
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded,
all voting aye.

E. Presentation of “The Certificate of Achievement for Excellence in Financial
Reporting” Award to Weber County Government for the Comprehensive Annual
Financial Report prepared by Clerk/Auditor’s office for year ending 12/31/2005

John Bond, Past-President and representative of Utah Government Finance Officers Association,
outlined the stringent guidelines for meeting the integrity of the components of the
Comprehensive Annual Financial Report and stated that Weber County employees had excelled
in preparing that report. He gave national statistics of cities and counties that receive this award
(4% and 16%, respectively) and only three counties in Utah. The Commission presented the
plaque to Alan McEwan, Clerk/Auditor, who presented it to Dan Olsen, County Comptroller. Mr.
McEwan noted that Weber County had received this award since 1991, which was significant
because it saved the county money in bond ratings, insurance, etc. Mr. Olsen stated that this had
been a county effort. The commissioners thanked the financial team for their hard work.

F. Action Items:

1. Final approval of The Summit at Ski Lake #9 Subdivision (1 lot) located at 6736 E.
Via Cortina (1325 S.) & acceptance of a financial guarantee for $226,310.70

Sean Wilkinson, County Planning Department, showed an area map and stated that the overall
Summit at Ski Lake Subdivision had been approved prior to the Ogden Valley requiring 3-acre
minimum building lots. This lot contained 44,729 sq. ft. and this subdivision included a road that
would connect 1100 S. with Via Cortina within the subdivision, providing for better traffic
circulation. He said that all other issues had been addressed and the Planning Commission had
unanimously recommended final approval on 2/27/2007. Mr. Wilkinson addressed the
commissioners’ question regarding the traffic concern expressed in the Planning Commission
minutes by stating that the aforementioned road connection would help alleviate the problem.
Commissioner Zogmaister moved to grant final approval of The Summit at Ski Lake #9
Subdivision, 1 lot, located at approximately 6736 E. Via Cortina (1325 S.) and acceptance of a
$226,310.70 financial guarantee; Commissioner Dearden seconded, all voting aye.

 

2. Approval of application for membership to Chicago Climate Exchange Inc. (CCX)
for the Landfill Gas Recovery - Resolution 20-2007, Contract 2007-58

Gary Laird, Transfer Station Manager, stated that the county would be trading greenhouse gas
credits, which would allow the county to generate more income on the Weber County gas to energy
project at the former landfill. It was projected that about 6,000 tons of the CO2 emissions had been
eliminated from going into the atmosphere in 2005 and almost 7,000 tons in 2006. The aggregate
fees to the county in 2005 and 2006 were about $2,000 and $5,000 for 2007, generating about
$26,000-$30,000 but with the potential to generate approximately $100,000 in annual revenue.
Mr. Laird addressed the commissioners’ questions stating that the county could try to do this on
its own but it was not very effective, and he also outlined the cost per ton.
Commissioner Dearden moved to adopt Resolution 20-2007 and to approve Contract C2007-58,
application for membership to the Chicago Climate Exchange Inc. (CCX) for the landfill gas
recovery; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




3. Contract with Wheeler Machinery for Maintenance Agreement for CAT 315B -
Contract C2007-59

Gary Laird, Transfer Station Manager, stated that this contract was for lubrication and maintenance
for the model 315B excavator. The contractual cost for the services was $6,235.
Commissioner Zogmaister moved to approve Contract C2007-59, maintenance agreement for CAT
315B by/between Weber County and Wheeler Machinery; Commissioner Dearden seconded, all
voting aye.

 

4. Contract with Plain City for road services - Resolution 21-2007, Contract C2007-60

5. Contract with Hooper City for road services - Resolution 22-2007, Contract
C2007-61

Kelly Hipwell, County Roads Department, handled items F.4 and F. 5 together stating that they
were contract renewals which included some rate increases.
Commissioner Dearden moved to adopt Resolution 21-2007 approving Contract C2007-60
by/between Weber County and Plain City and Resolution 22-2007 approving Contract C2007-61
by/between Weber County and Hooper city for road services; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




6. Agreement with Melvin C. Wilson for an Indigent Defense Model Evaluation
and Report - Contract C2007-62

Reed Richards, Deputy County Attorney, explained how defense for the indigent had evolved.
About 30 years ago Weber County contracted with a non-profit entity, the Public Defenders
Association (PDA), to provide the public defense service.

Last year the Utah legislature began allowing counties to establish departments to provide public
defense rather than contracting with individual attorneys, groups of attorneys or non-profit
entities and the purpose of today’s item was to consider whether the county should move in that
direction or continue as it had been. The contract allows a consultant to review Weber County’s
system and others in/out of the state and then make a recommendation to the Commission. A
proposal had been received from Melvin Wilson, who had recently retired as the Davis County
Attorney after 25 years and also had managed their PDA operation, had been involved in the
State Association of Prosecutors and the legislature in effecting pertinent law.

Mr. Reed noted important components of indigent defense, including the significant expense of
appeals. He suggested that counties combine and contribute to an appellate division.
Commissioner Dearden felt that Melvin Wilson’s extensive experience made him an excellent
choice to conduct this evaluation and stated that a lot of thought had gone into this item. He
asked Mr. Richards to be the liaison for the county as required in the contract, and he agreed.
The contract amount was $13,600.
Commissioner Zogmaister moved to approve Contract C2007-62 by/between Weber County and
Melvin C. Wilson for an Indigent Defense Model Evaluation and Report; Commissioner Dearden
seconded, all voting aye.

 

7. Approval of Sale of Parcel #01-046-0043 as Surplus Property - Contract C2007-63

Nate Pierce, County Operations Department Director, noted that this approximately 1,400 sq.
ft. parcel had been declared surplus on 2/20/2007 by the Commission. A price of $500 had been
negotiated with an abutting property owner. The property value, according to the Assessor’s
Office was $750 and Mr. Pierce stated that the abutting owners would like about $250 to fence
the property and make improvements. Without this direct negotiation, the item would have been
advertised in the newspaper, bids taken and staff time expended. Mr. Pierce said that the
likelihood of others bidding was slight and felt comfortable that this was a fair price in
comparing staff time and advertising costs.
Commissioner Dearden moved to approve Real Estate Agreement, Contract C2007-63, for the sale
of LSN 01-046-0043; Commissioner Zogmaister seconded, all voting aye.

8. Accepting late Tax Relief Applications for the following:
Maxine Rios LSN 14-027-0021
Harold Bingham LSN 05-068-0023

Roger Brunker, Clerk/Auditor’s Office, stated that Maxine Rios had been in the hospital and
claimed to have been unable to file by the deadline. The Tax Review Committee had
unanimously recommended accepting the late application.
Commissioner Zogmaister moved to accept the late tax relief application for Maxine Rios, LSN
14-027-0021, based upon the medical criteria; Commissioner Dearden seconded, all voting aye.

Mr. Brunker stated that Mr. Bingham had applied for the heat program and had put his tax relief
application in the envelope to PacifiCorp, which later returned it to him. When Mr. Bingham
received it, he assumed that everything had been approved and subsequently was confused when
he received a delinquent notice from the County Treasurer’s Office.
Commissioner Dearden moved to accept the late tax relief application for Harold Bingham, LSN
05-068-0023, based upon extraordinary circumstances; Commissioner Zogmaister seconded, all
voting aye.

 

9. Approving extension requests for the following tax sale properties:
Ida Contreras LSN 05-126-0009
Stephanie Nava LSN 05-115-0026

Roger Brunker, Clerk/Auditor’s Office, outlined the two tax sale extension requests. Ms.
Contreras and Ms. Nava are mother and daughter and received these properties from probate
with delinquent taxes. Ms. Contreras has serious health problems and is unable to work.
Generally in such situations the petitioners enter into an agreement to make payments, keeping
the current year taxes paid, continuing to pay interest and penalties, and paying off the balance
within one year. The Tax Review Committee unanimously recommended acceptance of the
extension with a contract for $250 monthly payments.
Commissioner Zogmaister moved to accept the Tax Review Committee’s recommendation and
approve the tax sale extension for Ida M. Contreras, LSN 05-126-0009, with a payment of $250.00
per month; Commissioner Dearden seconded, all voting aye.

 

Mr. Brunker said that Ms. Nava was not in a financial situation to pay off the delinquency, that
she was a single mother and was taking care of her very ill mother. She had obtained full time
work and would be receiving a tax refund. She would be making $300/month payments.
Commissioner Dearden moved to accept the Tax Review Committee’s recommendation and
approve the tax sale extension for Stephanie Nava, LSN 05-115-0026, with a payment of $300.00
per month; Commissioner Zogmaister seconded, all voting aye.

 

10. Contract with Spiker High School Rodeo Team for a High School rodeo
competition to be held at the Golden Spike Event Center on April 6-7, 2007 -
Contract C2007-64

Jim Harvey, GSEC, presented this standard, repeat contract.
Commissioner Zogmaister moved to approve Contract 2007-64 by and between Weber County and
Spiker High School Rodeo Team for a High School rodeo competition to be held at the Golden
Spike Event Center on April 6 & 7, 2007; Commissioner Dearden seconded, all voting aye.

 

11. Contract with Dancing With the Bulls for a bull riding competition to be held
at the Golden Spike Event Center on April 14, 2007 - Contract C2007-65

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract 2007-65 by and between Weber County and
Dancing With the Bulls for a bull riding competition to be held at the Golden Spike Event Center
on April 14, 2007; Commissioner Zogmaister seconded, all voting aye.

 

12. Contract with NEC Group for the 31st Annual Home Remodeling & Decorating
Show to be held at the Golden Spike Event Center September 19-24, 2007 -
Contract C2007-66

Jim Harvey, GSEC, presented this standard contract. Chair Bischoff noted that the County
Attorney who reviewed the contract had requested a statement from the contract signer stating
he had authority to bind the NEC Group.
Commissioner Zogmaister moved to approve Contract 2007-66 by/between Weber County and
NEC Group for the 31st Annual Home Remodeling and Decorating Show to be held at the Golden
Spike Event Center September 19-24, 2007, contingent upon receipt of a statement from the signer
that he has authority to bind NEC; Commissioner Dearden seconded, all voting aye.

 

13. Contract with Utah Hispanic Match Racing for Horse Races to be held at the
Golden Spike Event Center on April 8, 2007 - Contract C2007-67.1

14. Contract with Utah Hispanic Match Racing for Horse Races to be held at the
Golden Spike Event Center on April 22, 2007 - Contract C2007-68.1

Jim Harvey, GSEC, presented the two above contracts together because they were essentially the
same contract for different dates.
Commissioner Dearden moved to approve Contracts C2007-67 and C2007-68 by/between Weber
County and Utah Hispanic Match Racing for Horse Races to be held at the Golden Spike Event
Center on April 8 and 22, 2007; Commissioner Zogmaister seconded, all voting aye.

 

15. Final approval of Wally’s Acre Subdivision 3, 26 lots located at 2000 South and
3500 West with a financial guarantee of $904,516.00 - Contracts C2007-69 & 70

Jim Gentry, County Planning Department Director, showed area maps of this cluster subdivision
in the A-1 zone. The lots were about 10,000 sq. ft. in size and the developer, Mel Peterson, was
leaving 10 acres (50%) as an agriculture parcel/estate lot. This subdivision had come before the
County Commission on October 3, 2006 for preliminary approval, which had been granted. The
petitioner had been granted a bonus density under the Cluster Subdivision for the agriculture
parcel, for a stub road and for having open space above the required 30%.

Commissioner Dearden presented several issues for discussion: the lot size, keeping the open
space if the property was annexed into West Haven, estate lots, the water table, the flooding
potential and the building depth limitation of not more than 3 ½ ft., and whether the water was
being contained and what was being done to contain it. The Planning Commission minutes
reflected that Ken & Darla Jones and several other area residents had no basements and that the
Jones’ were concerned that because the water flowed down the other property owners would be
looking to them as the responsible party, even when they did not irrigate. Mr. Gentry clarified
that the subdivision ordinance allowed 10,000 sq. ft. minimum lot sizes and that dedication
language was required on the plat listing an agricultural preservation easement, also with a
separate deed restriction document to be recorded, signed by the developer, granting the
easement to the county and the Home Owners Association so that the 10-acre parcel will remain
in perpetual open space. No additional residences will be allowed on the 10-acre parcel.

Mike Tuttle, County Engineering Department, addressed engineering concerns stating that the
water would be handled by a land drain system proposed by the developer. He said that this
property was unique in that area because there was significant slope from the southeast to the
northwest and would allow a land drain which would not require hooking up to any mechanical
systems to ensure its functionality. It would run through the entire subdivision and each lot
would be connected to this land drain system. Mr. Tuttle said that at this time the water table
in the ditch was about 5-6 ft. down. About one month ago the Jones’ water was about 3 ft. below
the natural ground, but the water would be maintained by the land drain system.

Commissioner Dearden asked if the developer was planning to put drain tile around the
foundations of the homes, if the depth was to be 3½ ft. or if no basements would be allowed and
Mr. Tuttle said that 3½ ft. depth was the agreement with the developer because there would be
a drain around each house, and as an engineer he did not see why they couldn’t go as deep as the
land drain system would allow. Referring to the Planning Commission minutes which stated that
there were old drain systems throughout that area, Commissioner Dearden noted that the
contractor was to fix any damage he caused, but he expressed concern that if the drains were cut
and just buried back in, there might be serious drainage impact. Mr. Tuttle said that there were
old clay pipe land drains running through this property, behind the Jones’ and their adjacent
property owners, and when the contractor ran into one of those, he would make a connection into
the new land drain system so the properties to the east would continue draining through the
existing system. Chair Bischoff asked how irrigation affected the watertable and Mr. Tuttle responded that flood
irrigation raised the watertable but there had been some concern about water which had ponded
in the back of the Jones’ property and this had been addressed by installing a catch basin (2 ft.
x 4 ft. box straddling the Jones’ lot and lot 7). Commissioner Zogmaister noted there were so
many water issues in the area. She referred to the Planning Commission minutes that stated the
land drain was private and was the responsibility of the homeowners. She asked what the
homeowners’ responsibilities were and if that would be indicated on each of the deeds. Mr.
Tuttle replied that a document signed by the developer would be recorded on each lot regarding
the watertable and limiting of the basements. He addressed two ways of doing the land drains
around a home and believed the developer would be putting gravel sumps below the homes and
that there would be minimal maintenance.

Commissioner Zogmaister stated that the Cluster Subdivision Ordinance needed to be
revised–this item met the current ordinance and yet it was the worst cluster subdivision she had
reviewed. Water problems have been a continual issue and will heighten as development
increases in that area because of the high watertable. Mr. Tuttle concurred stating that there had
been several instances where basements had not been allowed, but he reiterated that this was a
unique circumstance because of the available slope. Mr. Gentry noted that this development
would have curb, gutter and sidewalk along 2100 S. and 3500 S., which would be installed by
the developer. Chair Bischoff hoped that Engineering was very firm in their belief that the
proposed solution handled the problem and Mr. Tuttle stated they were. Commissioner Dearden
indicated that the Commission had studied this item very closely. Part of the issue was that it
had come to the Commission for preliminary approval, which was the first time for handling it
this way, and the Commission later found out it could not make any subsequent changes because
of that preliminary approval. Additionally, the proposal met the current ordinance, thus the
Commission was limited in what they could do. He expressed appreciation to Ken and Darla
Jones for their efforts to make sure the ordinance was met, adding that with Engineering’s belief
this would work it gave him some level of comfort, and that the Jones’ were relieved of some
of the liability they had been concerned about.
Commissioner Dearden moved to grant final approval of the Wally’s Acre Subdivision 3, 26 lots,
located at approximately 2000 South and 3500 West with a financial guarantee of $904,516.00 and
approving Contract C2007-67, Sewer Maintenance Agreement and Contract C2007-68,
Maintenance Agreement for Land Drain System; Chair Zogmaister seconded, all voting aye.

 

16. Request for approval of amendments to County Retirement Incentive Policy

This item was held.

17. Request for approval of the Weber County Retirement Window Policy

This item was held.

18. Final approval of the Horton Homestead Subdivision located at 5363 West and
1400 North, 1 lot, with a financial guarantee of $2,250,00

Sean Wilkinson, County Planning Department, showed area maps stating that this subdivision
was located in the A-1 zone and met the minimum area requirements. The financial guarantee
was for the remaining fill work on an irrigation ditch that had been piped. The subdivision is
within 1½ mile radius of a school. On 9/12/2006 the Planning Commission recommended final
approval of the subdivision with a deferral for curb, gutter and sidewalk due to the lack of these
improvements in the area and that installing them in a very short and isolated section of 150 ft.
of frontage on this property did not benefit the area.

Chair Bischoff asked who paid for these improvements when they were called in and Mr.
Wilkinson responded it would be the property owners. If they were required to be put in now
the developer would pay for them and Chair Bischoff felt that developers should escrow money
in anticipation that these improvements will be required at some time. Commissioner Dearden
concurred, noting that even if the improvement costs increased there would be some funds set
aside for them. The commissioners asked David Wilson, Deputy County Attorney, to look into
this issue. Mr. Wilson said that it had been looked into previously and the developers’ position
had been that if they were to escrow the money they would rather just install them. He believed
the ordinance could be developed to require it as part of an escrow and would pursue the options.
Commissioner Zogmaister moved to grant final approval of the Horton Homestead Subdivision,
1 lot, located at 5363 West and 1400 North with a financial guarantee of $2,250,00 and granting
deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, all voting aye.

 

G. Assign Pledge of Allegiance &Thought of the Day for Tues., April 3, 2007, 5:30 p.m.
(Public hearings will begin at 6:00 p.m.)

H. Public Comments:

Ken and Darla Jones, neighbors to the east of the subject property in item F.15, addressed the
Commission. Ms. Jones stated that as Weber County citizens they and the other residents had been
failed by the Planning and the County Commissions, that the County commissioners had felt their
“hands were tied” because they had granted preliminary approval and yet individually the
commissioners had felt this was the worst subdivision they had seen. They had the opportunity
to say those same things at the beginning but had not. Commissioner Dearden believed that this
Commission had agreed at that time that this was not a good example of a cluster subdivision. Ms.
Jones then asked that, with all the residents that had been present and all the expressed concerns
relating to water why hadn’t some alternatives or options been suggested and Commissioner
Dearden said he had some suggestions such as moving the open space to the front, however, this
was the first time in his tenure as commissioner that a subdivision had come before the
Commission for preliminary approval and the commissioners had believed they could still look at
issues. They learned after preliminary approval was granted that it meant approval as the proposal
had been set up and the Commission could not make changes. Mr. Jones said that the developer
had stood up and stated during a Planning Commission meeting that if the Planning Commission
did not like the proposal that he would put in one acre lots, even though he might lose $100,000,
but nothing had been done. Ms. Jones asked if it would be noted on the deed or plat that this was
a high water table area and Commissioner Dearden stated that there would be language stating that.
The Jones’ asked the Commission if, in the event this engineering plan that Weber County had
agreed upon failed, they would help them and Chair Bischoff stated that they could present their
issues to Weber County, which would work with them to help resolve the issues.

Jill Libby, neighbor of the Jones’, stated that area residents had expected better things from the
developer and she hoped this would not be a precedent-setting subdivision. The majority of the
area residents owned 1-acre and she expressed concern that Mr. Mendoza and Mr. Hamilton,
County Planning Department, who represented them completely disagreed with their lifestyle and
had said numerous times they preferred 1/4 acre lots. The Planning Commission had failed them
as well as the two men representing them. The school principal had told her they were expecting
more than double what had been expected of kindergartners and first graders this year. No one
was helping to pay into a fund to help build the schools and take care of the roads, and she would
be bonded to pay for a new school and her property taxes would increase. She was concerned with
over development of the county–with 300 homes on 1/4 acre lots with only 40% open space. This
crammed six more families into her neighborhood, traffic was horrible and their small 2-lane
country roads with large ditches on both sides were not meant to handle this type of proposal. 
Ms. Libby said that this had been an opportunity for the Planning and County Commissions to look
ahead and levy impact fees on these developers who were making millions of dollars on the huge
farms. She added that it was not only a nightmare having to deal with what was being built but
also the procedure. There was a lot of building and no one was being held responsible for the
impact on the environment and the area. The water table on her yard and dry well was 2 ft. down
year round. She expressed frustration that the Planning Commission had not addressed concerns
in their two meetings and none of the impacted neighbors received notice of the second Planning
Commission meeting. Additionally, it was rumored that Mr. Davis had a lot of friends in the
Planning Commission and she hoped this was not how he had been able to receive subdivision
approval.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:56 a.m.; Commissioner Zogmaister seconded, all
voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor