Minutes for 2007-04-17, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 17, 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 - Alan McEwan
C. Thought of the Day - Chair Bischoff

4. Consent Items:
1. Purchase Orders in the amount of $97,570.55
2. Warrants #224814 - #224976 in the amount of $2,308,777.16, less #224963 for $1,521.85
3. Minutes for the meetings held on March 27 and April 10, 2007
4. Approval of a new Business License
Commissioner Dearden moved to approve the consent items as presented; Commissioner
Zogmaister seconded, all voting aye.

5. Action Items:

1. Resolution appointing members to the Fort Buenaventura Advisory Board -
Resolution 25-2007

Jennifer Graham, County Recreation Facility Director, stated that two members of this Board had
been appointed to 1-year terms last year about this time in order to stagger membership.
Commissioner Zogmaister moved to adopt Resolution 25-2007 reappointing Barry Lindley and
Kathryn MacKay for 4-years from 4/11/2007 to 4/11/2010 to the Fort Buenaventura Advisory
Board; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



2. Approval to vacate a portion of River Ranch Subdivision No. 2 - Ordinance 2007-11

Iris Hennon, County Planning Department, stated that this was a sliver of ground approximately
1,176 sq. ft. that ran along the egress and ingress of River Ranch Subdivision Phase II. Ms.
Hennon also stated that Eagle Way was a private road and all the homeowners for this subdivision
had signed off to allow lot 10 to absorb that area, thus lot 10 provides ingress and egress to Eagle
Way.
Commissioner Dearden moved to adopt Ordinance 2007-11 vacating a portion of River Ranch
Subdivision No. 2; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


3. Release of Level 3 Communications LLC bond posted June 7, 1999

Doug Dickens, County Operations Department, asked for release of a surety bond
(#20S103189786BCM) for optic lines for the Sheriff’s Office that Level 3 Communications had
put in. This bond should have been released some time ago.
Commissioner Zogmaister moved to release the Level 3 Communications LLC bond posted June
7, 1999; Commissioner Dearden seconded, all voting aye.

4. Contract with Schmitt, Griffiths, Smith & Co., P.C. for an independent audit for
the year ending December 31, 2006 - Contract C2007-76

Alan McEwan, County Clerk/Auditor, stated that previously a 5-year contract had been executed
with this firm for an independent audit and that contract required signing an engagement letter for
each year of the audit. The contract amount is not to exceed $21,000/year.
Commissioner Dearden moved to approve Contract C2007-76 by and between Weber County and
Schmitt, Griffiths, Smith & Co., P.C. for an independent audit for the year ending December 31,
2006; Commissioner Zogmaister seconded, all voting aye.

6. Assign Pledge of Allegiance & Thought of the Day for Tues., April 24, 2007, 10 a.m.

G. Public Comments:

David Brough, of Plain City, felt that the Sheriff’s Office, was failing to enforce the law
prohibiting noise pollution/nuisance for motorcycles,“boom cars” etc. Weber County Sheriff
Slater noted that Mr. Brough had made his department aware of related information through emails
and over the last several months had attempted to respond to him.

Sheriff Slater read State law regarding motorcycles and stated that Nathan Lyon, Deputy County
Attorney, prosecution division, and others had told him that this was a difficult ordinance to
enforce because there was no set sound level/decibel threshold. Most of motorcycle noise
enforcement is done through the inspection process. He had discussions with Commissioner
Duncan of the Utah Department of Public Safety and with the traffic law coordinator and read
portions of a letter from them stating that this was a common problem for Highway Patrol, and in
speaking with troopers, Weber County was one of the few places where local agencies
aggressively pursued noise ordinance enforcement, that no particular decibel point or firmly
defined level of sound violation was currently established through Utah law, and if more specific
action was desired this needed to be instigated at the legislature. Mr. Brough had been previously
instructed not to wait 1-2 weeks before sending a complaint email but rather to immediately
contact the Dispatch Center so a response could be made, and the Sheriff reiterated this. He
further noted that different cities had different types of enforcement. Weber County generally
enforces State law and Commissioner Zogmaister emphasized that if Mr. Brough wished change
this needed to be made at the legislature. He said that State law did not need to be changed. The
Sheriff and Mr. Brough will meet to discuss this issue.

H. Adjourn
Commissioner Dearden moved to adjourn at 10:26 a.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor