Minutes for 2007-05-22, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 22, 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: Jan M. Zogmaister, Vice Chair, and Craig L. Dearden. Kenneth A. Bischoff was
excused and Vice Chair Jan Zogmaister conducted the meeting.

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

A. Welcome - Commissioner Zogmaister
B. Pledge of Allegiance - Alan McEwan
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase Orders in the amount of $124,568.52
2. Warrants #225866 - #226077 in the amount of $2,095,235.67
3. Set public hearing for June 12, 2007, 10 a.m., on ZP #01-07 to amend Zoning Ordinance, Chapter
42, “Accessory Apartments,” to redefine the accessory apartment specifications
4. Set public hearing for June 19, 2007, 10 a.m., on ZP #03-2007 by Casey Quinn to rezone lots 3,
4, 6 & 7 of Section 2 Township 5 North Range 2 East from Forest F-40 to Forest F-5
5. Approval of an ACH payment to US Bank in the amount of $30,111.15 for purchasing card
transactions through billing cycle ending May 15, 2007
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded,
both voting aye.

E. Presentation of the Seal of Service Award to Sean Wilkinson

Commissioner Zogmaister read the submitted nomination which spoke to Mr. Wilkinson’s great
disposition in working with staff and the public. Jim Gentry, County Planning Department
Director and Mr. Wilkinson’s supervisor, along with the commissioners stated what a pleasure it
was to work with Mr. Wilkinson because of his quality of work and helpful demeanor.
Commissioner Zogmaister presented Mr. Wilkinson with a seal of service pin, an obelisk, a plaque
and $50.00. Mr. Wilkinson stated that it was because of team effort in his department that things
worked well. Commissioner Dearden also expressed thanks to the entire Planning staff for all their
efforts.

F. Action Items:

1. Ordinance #14 of Weber County adopting changes in fee structures related to
departmental services - Ordinance 2007-14

David Wilson, Deputy County Attorney, stated that this was the second reading of this ordinance
which was discussed last week.
Commissioner Dearden moved to adopt Ordinance 2007-14 adopting changes in fee structures
related to departmental services; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . .aye




2. Ordinance #15 of Weber County amending Title 4 of the Weber County Ordinances,
the Building Code, by updating the Uniform Codes - Ordinance 2007-15

Craig Browne, stated that this was the second reading of the ordinance, which was discussed last
week, and that some changes had been made.
Commissioner Dearden moved to adopt Ordinance 2007-15 amending Title 4 of the Weber County
Ordinances, the Building Code, by updating the Uniform Codes; Commissioner Zogmaister
seconded.
Roll Call Vote:
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . .aye



3. Agreement with the Ogden/Weber Convention and Visitor’s Bureau to provide
temporary services - Contract C2007-164

Commissioner Dearden stated that recently some changes had been made at the CVB and part of
the discussion with them included that Mike Caldwell, a county employee, would become the
director until a permanent director was hired. Mr. Caldwell will still fulfill some of his roles with
the county and there would be a 50/50 split on his salary. The CVB approved and signed this
contract last night.
Commissioner Dearden moved to approve Contract C2007-164 by and between Weber County and
the Ogden/Weber Convention and Visitor’s Bureau to provide temporary services; Commissioner
Zogmaister seconded, both voting aye.

 

4. Resolution appointing Sheriff Brad Slater to the Weber Area Dispatch 911 and
Emergency Service District Administrative Control Board - Resolution 30-2007

Commissioner Dearden stated that there was a vacancy on this board and that the Sheriff had
indicated his willingness to serve.
Commissioner Dearden moved to adopt Resolution 30-2007 appointing Sheriff Brad Slater to the
Weber Area Dispatch 911 and Emergency Service District Administrative Control Board;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . .aye



5. Vacating a portion of The Legends at Hawkins Creek (A Cluster Subdivision)
including private roads & utility easements, at 1500 E. Old Snow Basin Road -
Ordinance 2007-16

Sean Wilkinson, County Planning Department, explained that this was an existing subdivision and
when the improvements were being put in, the petitioner did not want to take down some trees that
were in the way and a few changes put the improvements in a different location from the recorded
plat. This vacation would vacate the portion that was wrong and put an amended subdivision (see
following item) so that all utility easements and the road would be in the correct locations.

Keith Smith, the developer, stated that this was very mountainous terrain and he outlined some
minor modifications that had been made as they were putting in the infrastructure: the entryway
had been shifted slightly to the south in order to salvage an old tree . This did not encroach upon
any buildable lots but was in a common area. In order to improve run-off from the top of the
subdivision, some storm drainage was added and the road was slightly shifted (about 10 ft. at
maximum) on a curve. This accommodated the run-off that goes into a natural drainage. Rocky
Mountain Power had recommended that they add a utility easement for a power line to come into
the well.
In order to get from one common area to another a trail easement was added across the back of lot
41. Additionally, the apron that goes up to the water tank was shifted slightly to the north to better
accommodate the slopes in the area. Mr. Smith pointed out to the commissioners these
improvements on a map. Commissioner Zogmaister asked if County Planning staff approved of
all these changes and Mr. Wilkinson replied they were all very minor and the affected lots
belonged to the developer. Mr. Smith had met with Rocky Mountain Power, Questar Gas and
Qwest Communications and each had signed an acknowledgment of vacating the old easements
and adding the new ones.
Commissioner Dearden moved to adopt Ordinance 2007-16 vacating a portion of The Legends at
Hawkins Creek (A Cluster Subdivision) including private roads and utility easements, located at
approximately 1500 E. Old Snow Basin Road; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . .aye



6. Final approval of The Legends at Hawkins Creek 1st Amendment located at
approximately 1500 E. Old Snow Basin Road

See item F.5. above.
Commissioner Dearden moved to grant final approval of The Legends at Hawkins Creek 1st
Amendment located at approximately 1500 E. Old Snow Basin Road; Commissioner Zogmaister
seconded, both voting aye.

 

7. Authorization to waive penalty and/or interest on applicable 2006 deleted
parcels and those with description changes

Roger Brunker, Clerk/Auditor’s Office, stated that there were about 121 of these parcels, which
result when properties are combined or subdivided and the old land serial numbers are deleted.
Commissioner Dearden moved to waive penalty and/or interest on applicable 2006 deleted parcels
and those with description changes; Commissioner Zogmaister seconded, both voting aye.

8. Approve extension request for Tax Sale Property #14-019-0013

Roger Brunker, Clerk/Auditor’s Office, referred to the letter before the commissioners outlining
the difficult circumstances over the last few years for the subject property owners. The Tax
Review Committee had recommended granting an extension for one year from this year’s tax sale.
This was their primary residence and the property owners had agreed upon a payment schedule.
Commissioner Dearden moved to approve extension request for Tax Sale Property #14-019-0013;
Commissioner Zogmaister seconded, both voting aye.

9. Consideration to remove penalty and interest on LSN 07-082-0029

Roger Brunker, Clerk/Auditor’s Office, stated that this item (a care facility) related to a business
deal that had failed. It had been on the tax sale last year and had been granted an extension.
Initially, when this had been presented to the Tax Review Committee the letter had requested
removal of penalty and interest, however, it appeared that either it was not addressed or it had not
been granted. When the petitioners made the final payment this year they requested readdressing
removing penalty and interest, which was approximately $22,000. The Tax Review Committee
voted to recommend denial of the request based upon the fact that the county was not at fault and
was not responsible for failed business agreements. Mr. Brunker noted that during the Tax Review
Committee meeting he had told them the penalty and interest amounted to about $2,200, rather
than the $22,000, however, their decision had been based on the fact that the county had not been
in error in any way; the amount was incidental to the discussion.
Commissioner Dearden moved to deny the request to remove penalty and interest on LSN 07-082-
0029 because there had been no county error in this matter; Commissioner Zogmaister seconded,
both voting aye.

 

10. Contract with Richardson Smith Gardner and Associates, Inc., to provide
verification for landfill methane greenhouse gas reduction - Contract C2007-165

Gary Laird, Transfer Station Manager, noted that the county had recently joined the Chicago
Climate Exchange (CCX) and in order for the carbon credits to be marketed they had to be verified
by engineering firms chosen by the CCX. The county joined the CCX as an offset provider and
does not have to offset its own carbon credits nor pay the higher membership dues. The county
sent CCX the required information and was told it was not over the emissions threshold thus the
contract amount is not to exceed $4,500, which is to evaluate the landfill. To evaluate the entire
county would cost an additional $2,500. Commissioner Zogmaister asked who made the decision
whether to evaluate the whole county and Mr. Laird replied it was CCX. She also inquired
whether the cost involved had been compared to the potential financial gain and Mr. Laird
responded that the county should still make about $45,000 on the credits for the two years.
Commissioner Dearden moved to approve Contract C2007-165 by and between Weber County and
Richardson Smith Gardner and Associates, Inc., to provide verification for the landfill methane
greenhouse gas reduction; Commissioner Zogmaister seconded, both voting aye.

 

11. Retirement Agreement with Richard Parmley - Contract C2007-166

David Wilson, Deputy County Attorney, presented this retirement contract that delineates and
specifies what benefits Mr. Parmley is entitled to under the human resources system.
Commissioner Dearden moved to approve Contract C2007-166, Retirement Agreement by and
between Weber County and Richard Parmley; Commissioner Zogmaister seconded, both voting
aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., May 29, 2007, 10 a.m.

H. Public Comments:

Eric Sontag said that as a member of the public he wished to congratulate Mr. Wilkinson (see item
E. above) on being a great county employee and expressed his appreciation for Mr. Wilkinson.

I. Adjourn
Commissioner Dearden moved to adjourn at 10:45 a.m.; Commissioner Zogmaister seconded, both
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor