Minutes for 2007-06-12, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 12, 2007 - 10:05 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: David C. Wilson, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office; 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 $258,990.53
2. Ratify Warrants #226368 - #226490 in the amount of $262,851.82 dated June 5, 2007
3. Warrants #226491 - #226684 in the amount of $2,876,466.30
4. Minutes for the meetings held on May 29, 2007 and June 4, 2007
5. Surplus items from the Golden Spike Event Center
6. Surplus items from the Recorders/Surveyor’s Department
Commissioner Zogmaister moved to approve the consent items; Commissioner Dearden seconded, all
voting aye.

E. Action Items:

1. Capital lease funding with Wells Fargo Bank for six new vehicles for the Sheriff’s
Office - Resolution 34-2007, Contract C2007-169

Dan Olsen, County Comptroller, noted that this item had inadvertently been omitted from the capital
lease agreement with Wells Fargo presented on 3/20/2007. These vehicles will replace six vehicles
at the Sheriff’s Office. The terms are the same as for the capital lease–it is for three years at the 4.55%
interest rate. The total of this agreement is $148,408.62.
Commissioner Dearden moved to adopt Resolution 34-2007 approving Contract C2007-169,
Governmental Lease-Purchase Agreement with Wells Fargo Bank for six new vehicles for the
Sheriff’s Office; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



2. Real Estate Sale Agreement with Lowe’s HIW, Inc. & a Quit Claim Deed for Parcel
#11-040-0016 - Contract C2007-170

Nate Pierce, County Operations Department Director, stated that this property had previously been
declared surplus. The contract amount was $7,500 for the 0.17 acres.
Commissioner Zogmaister moved to approve Contract C2007-170, Real Estate Sale Agreement by
and between Weber County and Lowe’s HIW, Inc. and a Quit Claim Deed for LSN 11-040-0016;
Commissioner Dearden seconded, all voting aye.

 3. Real Estate Sale Agreement with Brent Jorgensen and a Quit Claim Deed for
Parcel #23-020-0003 & #23-020-0002 - Contract C2007-171

Nate Pierce, County Operations Department Director, noted that Mr. Jorgensen owned a parcel that
was between these two parcels. He stated that the price for the parcels was $1,600.
Commissioner Dearden moved to approve Contract C2007-171, Real Estate Sale Agreement by
and between Weber County and Brent Jorgensen and a Quit Claim Deed for LSNs #23-020-0002
and 23-020-0003; Commissioner Zogmaister seconded, all voting aye.

4. Real Estate Sale Agreement with Silver Creek Capital, LC and a Quit Claim Deed
for Parcel #01-044-0045 - Contract C2007-172

Nate Pierce, County Operations Department Director, stated that this small parcel (about 250 sq.
ft.), abutting a parcel owned by Silver Creek Capital had been declared surplus previously. The
market value was $250.00.
Commissioner Zogmaister moved to approve Contract C2007-172, Real Estate Sale Agreement by
and between Weber County and Silver Creek Capital, LC and a Quit Claim Deed for Parcel #01-
044-0045 in the amount of $250.00; Commissioner Dearden seconded, all voting aye.

 

5. Resolution creating the Ogden Eccles Conference Center Advisory Board -
Resolution 35-2007

Commissioner Dearden stated that Weber County, Ogden City and Weber State University had
made changes in the governance of the Ogden Eccles Conference Center, necessitating creation of
an advisory board. In order to utilize tax-exempt status, the county now governs the Conference
Center and the other parties take on a supportive role. The board will consist of eight members, the
areas will continue to be represented as previously, and the restaurant industry was added.
Commissioner Dearden asked for clarification language regarding membership composition and
the resolution will specify that two county commissioners will serve and that the Commission will
appoint one restauranteur to represent the restaurant industry within Weber County.
Commissioner Zogmaister moved to adopt Resolution 35-2007 creating the Ogden Eccles
Conference Center Advisory Board, directing legal counsel to make the discussed clarification
changes relating to membership composition; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



6. Contract with the Weber County Service Area #6,West Warren Park, for a RAMP
Grant - Contract C2007-173

Shelly Halacy, Commission Office, noted stated that this contract had been inadvertently omitted
when the others had been presented.
Commissioner Dearden moved to approve Contract C2007-173 by and between Weber County and
the Weber County Service Area #6,West Warren Park, for a RAMP Grant; Commissioner
Zogmaister seconded, all voting aye.

7. Contract with Western State Racing for a demolition derby on June 8-9, 2007 at
the Golden Spike Event Center - Contract C2007-174

Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to ratify Contract C2007-174 by and between Weber County and
Western State Racing for a demolition derby held June 8-9, 2007 at the Golden Spike Event
Center; Commissioner Dearden seconded, all voting aye.

 

9. Request on Contract with Waste Management for recycling services

This item was held.

10. Resolution & corresponding Interlocal Agreement for Entrepreneurial
Development by/among Weber State University, Davis, Morgan & Weber Counties -
Resolution 36-2007, Contract C2007-175

Commissioner Dearden stated that “Grow Utah Ventures” had recently contacted the Commission
about a strategic planning project to stimulate creation of new independent businesses in the three
counties. They will be equal partners. Funds for this project are to come from various sources,
including the Division of Economic Development. Weber County will be contributing $5,000 of
its $20,000 portion with the remaining $15,000 coming from three groups in the county that
committed to contribute $5,000 each. Commissioner Dearden noted that this contract was
contingent upon each entity contributing its portion and if that did not occur, the project would end.
Commissioner Zogmaister moved to adopt Resolution 36-2007 approving Contract C2007-175;
Interlocal Agreement for Entrepreneurial Development by and among Weber State University,
Davis, Morgan and Weber Counties; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




F. Public Hearing
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearing;
Commissioner Zogmaister seconded, all voting aye.

2. Public hearing on ZP #01-07 to amend Chapter 42, “Accessory Apartments,”of the
Zoning Ordinance to redefine the accessory apartment specifications

Scott Mendoza, County Planning Department, noted that on 5/2/2006 the Commission adopted the
Accessory Apartments Ordinance, intended to offer more affordable housing. This amendment
clarifies that ordinance, including that there must be 20 ft. of common wall between the apartment
and the principal dwelling, that the accessory apartment does not exceed 25% of the principal
dwelling, and specifies the minimum (400 sq. ft.) and maximum (800 sq. ft.) floor area. The two
Planning Commissions voted unanimously to recommend approval. Commissioner Dearden asked
how they had arrived at the 800 ft. maximum floor area and Mr. Mendoza responded that it resulted
from staff research, including studying similar ordinances of other entities. Mr. Mendoza addressed
the process to apply for an exception to the ordinance. Chair Dearden invited public comments and
none were offered.

3. Commissioner Dearden moved to adjourn the public hearing and reconvene the public meeting;
Commissioner Zogmaister seconded, all voting aye.

4. Action on public hearing:

F.2. - Public Hearing to amend “Accessory Apartments” - Ordinance 2007-17
Commissioner Dearden moved to adopt Ordinance 2007-17 amending the Zoning Ordinance,
Chapter 42, “Accessory Apartments,” to redefine the accessory apartment specifications;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




8. Discussion on Interlocal Agreement with the Utah Transit Authority

Blake Wade, of Ballard Spahr Andrews & Ingersoll, stated that Ballard Spahr was bond counsel
for Weber County and the UTA, but that he was not here to negotiate this on behalf of UTA or the
county. This form of agreement had originally been prepared by Salt Lake County and had been
presented to UTA for comment and then presented at other counties. State law had been changed
this year–food was removed from the sales tax base on the transit taxes, they had permitted an
increase in the sales tax from 0.25% to 0.30%, and provided that no election had to be held–the
latter was to hold bondholders harmless and for UTA projects to keep moving forward. The
legislature had strongly suggested that UTA have agreements with counties that levy this tax.

Mr. Wade addressed Chair Bischoff’s questions stating that through this agreement, the
Commission agreed to increase its basic tax from 0.25 to 0.30 (to take effect 1/1/2008), to continue
levying the tax as it had been, and to use it for the benefit of transit projects. David Wilson, Deputy
County Attorney, asked if the issue about binding future commissions to 2057 had been addressed
and Mr. Wade responded it had, that this was a permanent revenue source and was treated as a
special fund, similar to issuing sales tax bonds. The 2057 date was in accordance with the
Interlocal Agreement Act’s maximum term. Mr. Wilson noted that with sales tax bonds, projects
were identified but with this the county did not know what those projects might be during that
period. Mr. Wade said that the primary projects would be transit systems in place, with the addition
of commuter rail, and other discussed projects.

The commissioners noted that this was simply a shift in taxes, that it looked good on the surface
for the legislature to have removed the food sales tax but in reality citizens would be paying the
same tax. Commissioner Dearden asked why the proposed change in the agreement for direct tax
transfers from the county to the Tax Commission, noting that the UTA was paying administrative
fees to the Tax Commission but not to the county for doing the work. Mr. Wade stated that about
half of the counties had the taxes now directly transferred by the Tax Commission for streamlining.
Commissioner Zogmaister asked if the administrative fee was a new cost and Mr. Blake replied that
the Tax Commission had been levying that all along. They commissioners noted this was an
indefinite tax on indefinite projects and requested that UTA, as the body imposing the taxes, make
a presentation before the Commission, and Mr. Wade will recommend to the UTA that they
schedule a presentation. The commissioners wanted specific language in the contract concerning
future projects. Commissioner Dearden suggested that documents be prepared both with and
without the tax increase, stating that after listening to UTA’s presentation the Commission could
make a better informed decision.
Commissioner Dearden moved to direct legal counsel to prepare the Interlocal Agreement by and
between Weber County and Utah Transit Authority including language specifying the
Commission’s intent whether they would increase the tax and language relating to future projects;
Commissioner Zogmaister seconded, all voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 19, 2007, 10 a.m.

H. Public Comments:

David Brough, of Plain City, noted he had come before the Commission last month expressing
concern with the Sheriff and what he termed as failure to enforce the law regarding noise from
motorcycles and “boom cars.” He said that no action had been taken and he wanted the Sheriff
sensored. Commissioner Dearden noted last Tuesday he had met with Mr. Brough who had brought
him a copy of a Denver ordinance relating to EPA regulations for motorcycles and other mufflers
but the other commissioners had not had an opportunity to review it.  Mr. Brough felt there was a
noise problem in the county that needed to be addressed.
Commissioner Zogmaister asked if there was particular neighbor in violation in his neighborhood
and Mr. Brough responded that this was a universal problem occurring all over the community. Mr.
Brough had indicated that the Sheriff was derelict in his duty and Commissioner Dearden asked if
he was planning to talk with every chief of police in the county, and if that meant that every other
chief was derelict as well. Mr. Brough responded that he had not talked with any other chiefs but
planned on it. The commissioners noted his concerns.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:00 a.m.; Commissioner Zogmaister seconded, all
voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor