Minutes for 2007-04-03, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 3, 2007 - 5:30 p.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: 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 Bischoff
B. Pledge of Allegiance - Mike Caldwell
C. Thought of the Day - Commissioner Zogmaister
D. Consent Items:
1. Purchase Orders in the amount of $104,302.50
2. Warrants #224324 - #224588 in the amount of $1,234,732.27
3. Minutes for the meeting held on March 27, 2007
4. New Business License Applications
5. Request from the Weber County Road Department to surplus a 1990 Autocar Dump Truck
6. Set public hearing for May 1, 2007, 10 a.m. regarding the vacation of a road located at
approximately 3050 North and 5100 East in the Eden area
7. Request from Weber County Parks & Recreation to surplus a 1959 Ford Tractor
Commissioner Dearden moved to approve the consent items, holding the minutes; Commissioner
Zogmaister seconded, all voting aye.
E. Presentation of the Weber County Mother of the Year, Carole M. Stephens
The commissioners congratulated Ms. Stephens stating that this recognition was well deserved.
Ms. Stephens had also been selected as the next State Mother of the Year. Chair Bischoff read the
proclamation and presented it to Ms. Stephens, who stated that she was honored to represent
women and mothers of Utah.
F. Action Items:
1. Amendments to the Weber County Retirement Incentive Policy
David Wilson, Deputy County Attorney, noted that there were two policy manuals–the Human
Resources Manual and the regular County Policy Manual. This policy had been in the regular
manual and he suggested moving it, along with item F.2., to the Human Resources Manual.
Item F.1. had existed since 1995 and the significant amendment addressed an issue that had been
raised by some courts–that when some type of retirement benefit was provided that it did not fall
within the prohibitions against age discrimination. This amendment now allows an employee to
retire who is eligible for retirement under the State Retirement System that may not have chosen
to retire because of the loss of health and dental insurance coverage. As outlined in 1995, the
county policy had allowed an employee who had worked for 30 years or purchased up to 30 years
to get five years of health insurance, and there was no cap for this at that time. In 2002, it was
capped so that the county would contribute to the cost of health insurance that amount that was
being paid for the retiree at the time of retirement. Qualifying eligible retirees under age 60 may
receive five years of health and dental insurance and
qualifying eligible retirees who are under 65 but over 60 may receive these benefits for the number
of months equal to the number of months they have remaining from the time they retire until they
reach 65. Upon reaching 65, the county will credit to a health expense reimbursement account,
administered by the county, an amount equal to the monthly health insurance benefit paid by the
county for the eligible retiree when age 65 was reached the number of months remaining in the 5-
year benefit period. The eligible retiree may utilize the credit in accordance with the county’s pre-
tax health expense reimbursement plan.
Commissioner Zogmaister moved to approve the amendments to the Weber County Retirement
Incentive Policy; Commissioner Dearden seconded, all voting aye.
2. Approval of the Weber County Retirement Window Policy
See item F. 1. above. David Wilson, Deputy County Attorney, stated that this was a new policy,
although the county had made retirement windows available in the past. He recommended that this
be placed in the Human Resources manual. This policy does not require the county to open
retirement windows but allows doing so and provides guidelines.
Commissioner Dearden moved to approve the Weber County Retirement Window Policy;
Commissioner Zogmaister seconded, all voting aye.
3. Contract with Wheeler Machinery for lubrication and maintenance on CAT 966G
- Contract C2007-69
Gary Laird, Transfer Station Manager, presented this contract for lubrication and maintenance of
the CAT 966G for 2,000 hours. The contract amount is $7,150.00.
Commissioner Zogmaister moved to approve Contract C2007-69 by and between Weber County
and Wheeler Machinery for lubrication and maintenance on CAT 966G; Commissioner Dearden
seconded, all voting aye.
4. Request for approval of Contract with Wooden Creations/Mark Colp for chain
saw carvings at the 2007 Weber County Fair
This item was held.
5. Approval of a Site Development Agreement & a $39, 600.00 financial guarantee for
improvements at Wolf Creek’s golf maintenance facility
Jim Gentry, Weber County Planning Department Director, stated that this guarantee was for
landscaping and included the 10% contingency. All other improvements had been installed.
Commissioner Dearden moved to approve the Site Development agreement and a financial
guarantee of $39, 600.00 for improvements at Wolf Creek’s golf maintenance facility;
Commissioner Zogmaister seconded, all voting aye.
6. Request for approval of Intergovernmental Cooperative Agreement by/among
Weber State University, Davis County Government, Weber County Government
& Morgan County Government for Entrepreneurial Development
This item was held.
7. Request for discussion on the process to remove Agriculture Protection Area
Jim Gentry, Weber County Planning Department Director, stated that Agriculture Protection Areas
(APAs) had been started about 10 years ago. APAs freeze the zoning at the time they are created.
Mr. Gentry asked for direction on a process to remove properties from APAs and noted that State
law was not very clear on this process. Monette Hurtado, Deputy County Attorney, addressed the
commissioners’ questions. She noted that people generally had come in as a large group to create
an agriculture protection area and the total fee was $250.00. She outlined some steps that would
be necessary in this removal process, including recording a notice releasing people from the APA
in order for them to start pursuing the option of developing their property. She had contacted the
APA Advisory Board Chair who desired that the Board give input. Commissioner Zogmaister
recommended that properties be removed from APAs using the same process as they had coming
in–with neighbor notification, paying the fee, etc. Commissioner Dearden agreed and asked if
other counties had a policy to address the issue. Ms. Hurtado had tried to contact a Utah
Department of Agriculture representative who had indicated his desire to give input in this issue,
but she had not been able to discuss the issue at length with him. The Attorney’s Office and
Planning will take input then meet and make a recommendation to the County Commission in two
weeks on amending the county’s current ordinance regulating APAs.
G. Public hearings to begin at 6:00 p.m.
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearings;
Commissioner Zogmaister seconded, all voting aye.
2. Public hearing on ZP #14-2006 by Dave Lesley to amend Zoning Ordinance, Chapter
6, “Agricultural A-2 Zone” to allow up to 6 employees as part of a home
occupation with visiting clientele
Jim Gentry, County Planning Department Director, stated that he had sent the petitioner a notice
of the meeting but was not certain he was present. Chair Bischoff asked if the petitioner was
present but there was no one to address this item. Previously, a conference call had been made to
the petitioner by County Planning staff asking him to be present at the Planning Commission
meeting, and he had said he would attend, however, he had not. The petitioner was proposing a
landscaping business in the Agriculture Zone with visiting clientele and amending the ordinance
to add “up to six employees.” Both Planning Commissions recommended denying the petition
feeling that it was an expansion of the commercial area.
Chair Bischoff invited public comments and none were offered.
3. Public hearing on ZP #10-06 by Lisa Karam to rezone property at the Southwest
corner of Old Snow Basin Road from CV-2 to CVR-1
Jim Gentry, County Planning Department Director, showed an area map and note dthe surrounding
zones. He said that the CVR-1 allowed condo-tels (condominium rental apartments) as a use. The
Planning Commission recommended approval of the rezoning, with the condos to be built at the
same time as the commercial property, with the building be held to the 63,000 sq. ft.(as originally
presented when it was rezoned to CV-2), and with a minimum of 15,750 sq. ft. of non-lodging type
commercial.
Chair Bischoff invited public comments. The petitioner said that the only change she wanted to
make to convert the property to CVR-1 was to be able to make the hotel portion a condo-tel,
keeping the commercial space exactly as approved. Commercial Dearden referred to the Planning
Commission meeting minutes where a comment had been made that with lock-out rooms the
petitioner was creating more density which was against the General Plan’s intent. The petitioner
said that the total density would not exceed the currently approved 70 hotel units, she would be
limited to a total of 63,000 sq. ft. and would probably have a smaller number of larger units, and
perhaps a lockout. Mr. Gentry stated that lockout rooms did not have kitchens, thus they were not considered dwelling
units. The ordinance defined condo-tels as having a transient-type nature and there was the option
to live there but it was mostly for rentals/nightly rentals. Commissioner Zogmaister noted that the
petitioner was downzoning. She had read that this would lower density and impact and Mr. Gentry
responded that it was due to the transient nature of the project. Shelliece Stokes, Director of
Ogden/Weber Convention Bureau, spoke in support of the project stating that there was a limited
number of hotel rooms in the Ogden Valley, particularly on that side of Pineview Reservoir.
4. Commissioner Dearden moved to adjourn the public hearings and reconvene the public meeting;
Commissioner Zogmaister seconded, all voting aye.
5. Action on public hearings:
G.2. - Public hearing on ZP #14-2006 by Dave Lesley to amend Zoning Ordinance,
Chapter 6, “Agricultural A-2 Zone”
Commissioner Zogmaister moved to deny the proposal to amend the Zoning Ordinance, Chapter
6, Agricultural A-2 Zone, believing that to expand the commercial use would be detrimental to the
residential and agricultural areas; Commissioner Dearden seconded, all voting aye.
Chair Bischoff expressed concern that approving these type of requests to change zoning on an
individual basis would apply across the board and would set a precedent.
G.3. - Public hearing on ZP #10-06 by Lisa Karam to rezone property at Southwest
corner of Old Snow Basin Rd from CV-2 to CVR-1 - Ordinance 2007-10
Commissioner Dearden moved to adopt Ordinance 2007-10 rezoning property at the corner of Old
Snow Basin Road from Commercial CV-2 to Commercial Valley Resort Recreation CVR-1;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye
H. Assign Pledge of Allegiance & Thought of the Day for Tues., April 10, 2007, 10 a.m.
I. Public Comments:
Dan Olsen, County Comptroller, had not seen the final draft of the policy from item F.1. and asked
if it changed the normal procedure to cash out at retirement 1/3 of sick leave and putting the
remaining 2/3 in a bank. David Wilson, Deputy County Attorney, said that it was not part of this
policy but part of the other H.R. policy relating to retirement. Mr. Olsen also asked about funding
benefits for those retirees over 65 years of age and Mr. Wilson responded that up to now the
insurance approval had been done during the budget process but now when someone retired at 65
the budget would convert to credits that would be placed in a pre-tax medical account; county staff
had met with Keyes Benefits, insurance broker for the county, and this process was acceptable by
I.R.S. regulations.
J. Adjourn
Commissioner Dearden moved to adjourn at 6:20 p.m.; Commissioner Zogmaister seconded, all
voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor