Minutes for 2007-06-19, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 19, 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 - Ernest Rowley
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase orders in the amount of $31,423.59
2. Warrants #226690 - #226940 in the amount of $1,125,566.65
3. Minutes for the meeting held on June 12, 2007
4. Three contracts by/between Weber County and Weber State Foundation for RAMP Grants -
Contracts C2007-176, 177 and 178
5. New Business Licenses
Commissioner Dearden moved to approve the consent item as presented; Commissioner
Zogmaister seconded, all voting aye.

E. Action Items:

1. Ratification of Weber County Tax Sale held May 31, 2007

Roger Brunker, Clerk/Auditor’s Office, stated that of the 18 parcels that had gone to tax sale 17
had been sold and one was struck off to the county. A 10-day period followed allowing anyone
to contest. The purchaser of LSN 01-011-0006 and an adjacent property owner filed a petition
requesting that the Commission not ratify the sale. From discussions with Monette Hurtado,
Deputy County Attorney, it was determined that State and county regulations had been complied
with. Chair Bischoff invited the appellants to address the Commission but no one came forward.

Ms. Hurtado noted that State code 59-2-13 strictly mandated the tax sale process in order to
protect the recorded owner, and she outlined the process. The county had done a courtesy
posting this year if there had been a residential or commercial structure on the property. Ms.
Hurtado stated that all three tax sale presenters had warned potential bidders, including that it
was a “buyer beware market.” She showed a plat map obtained from the County Recorder’s
website which indicated the subject property had no frontage. The adjacent property owner of
LSN 01-011-0006 believed he should have received preferential bid status. The pertinent county
departments had previously met on this issue and the Clerk/Auditor’s Office made a
recommendation for preferential bids–based upon the fact that there was no economical value
to anyone other than a person who got a preferential bid. The subject parcel was about 11,925
sq. ft. and did not qualify. The purchasers also believed they had seen a wrong notice posted on
a triplex and Ms. Hurtado’s response was that notice was not required to be posted by State or
county statute and that notice only included the land serial number. She recommended ratifying
the Weber County tax sale.

Commissioner Zogmaister moved to ratify the Weber County tax sale held May 31, 2007;
Commissioner Dearden seconded, all voting aye.

2. Removal of Certain Parcels from Tax Rolls

Roger Brunker, Clerk/Auditor’s Office, noted that extensive research had been done by the
county on some of the tiny slivers of land prior to the tax sale. During this research it was found
that these properties don’t exist due to survey errors, etc. Taxes, interest and penalties were
removed and the parcels had been pulled from the tax sale. He referred to the list before the
Commission, stating that county departments met prior to the tax sale and had recommend their
removal from the tax rolls. Generally, as surveys come in from those areas, the problems are
corrected.

Commissioner Dearden moved to remove the listed parcels from the tax rolls; Commissioner
Zogmaister seconded, all voting aye.

3. Request for direction from the Weber County Commission concerning Capital
Facilities Plan and Impact Fee Analysis

Jim Gentry, County Planning Department Director, stated that a public hearing had been held in
August 2006 on this item and asked for direction from the Commission on whether they wanted
one ordinance, whether impact fees were to be collected for all four items–sewer, trails, roads,
and stormwater–and whether they wanted the Planning Department to prepare the ordinance and
work with the Clerk’s Office to prepare the accounts for the impact fees. Chair Bischoff noted
that the general consensus at that public hearing had been that changes needed to be made to that
document. He asked if that had occurred and Mr. Gentry responded that no changes had been
made. Chair Bischoff asked what concerns Mr. Gentry had in adopting the document “as is” and
he replied that issues such as land values in the Ogden Valley had significantly increased, or
possibly the population figures were no longer correct.

Commissioner Zogmaister felt that because of the amount of development the county was
experiencing impact fees should be in place to help with some of the infrastructure improvements
and expressed that it was better to have something in place and then to re-evaluate it rather than
to continue having nothing. Because of the many pressures put on Planning staff due to all the
development, she suggested they work on this as they had time, reiterating that it was important
to get a document in place. Commissioner Dearden preferred to have a document for adoption
that was as current as possible. Mr. Gentry said that it would take 6 months to a year to revise
it and Commissioners Bischoff and Zogmaister noted that this would put impact fees on hold for
that period. Mr. Gentry felt that fees should be collected for the four mentioned items that were
studied and the commissioners directed him to prepare the ordinance.

4. Contract with WM Recycle America, L.L.C., for Recycling Services - Contract
C2007-179

Gary Laird, Transfer Station Manager, stated that under this contract a $5/ton fee would be paid
to the county for recyclables. This 5-year contract has a 90-day termination clause.
Commissioner Dearden moved to approve Contract C2007-179 by/between Weber County and
WM Recycle America, L.L.C., for recycling services; Commissioner Zogmaister seconded, all
voting aye.

5. Contract with Quest Corporation to provide for the purchase of the Quest 911
database for use with the “city watch” reverse 911 system - Contracts C2007-180

Lance Peterson, Weber County Emergency Management, stated that a couple of years ago the
county had received a grant to purchase and install a reverse 911 emergency alert notification
system for the county. This is in partnership with the State Health Department and Davis and Box
Elder counties.

Commissioner Zogmaister moved to approve Contract C2007-180 by/between Weber County and
Quest Corporation to provide for the purchase of the Quest 911 database for use with the “city watch”
reverse 911 system; Commissioner Dearden seconded, all voting aye.

 

6. Contract with E&E Enterprises for a Mobile Wireless Satellite System -
Contracts C2007-181

Lance Peterson, Weber County Emergency Management, stated that this contract was for the
mobile command post, which had mobile data and voice capability but was very unreliable. The
command post will use a satellite service. The contract total amount was $19,663.96. The
purchase cost and first year fee will be made with Homeland Security grant money and if there was
no ongoing grant money for the service fees, the Sheriff had committed to take the money out of
existing programs from his budget.
Commissioner Dearden moved to approve Contract C2007-181 by and between Weber County and
E&E Enterprises for a Mobile Wireless Satellite System; Commissioner Zogmaister seconded, all
voting aye.

 

7. Contract with David T. and Valerie Morby for a property trade - Contracts
C2007-182

Nate Pierce, Operations Director, stated that some time ago it had been discovered that the county
had been utilizing a piece of property at North Fork Park that did not belong to the county. He
showed an area map pointing out that the county had a waterline and an access road on Mr.
Morby’s property that serviced a number of campsites. To correct the problem, the county was
to receive .37 acres from Mr. Morby in exchange for .52 acres. The Assessor’s Office had
reviewed this to see if it was a comparable value and Mr. Pierce said this was the case–the portion
given by the county had slope and was not buildable, and relocating the road and water line would
otherwise be much more expensive.
Commissioner Zogmaister moved to approve Contract C2007-182 by and between Weber County and
David T. and Valerie Morby for a property trade, giving authority to the Commission Chair to sign the
Quit Claim Deed; Commissioner Dearden seconded, all voting aye.

 

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

2. Public hearing on ZP #03-2007 by Casey Quinn to Lots 3, 4, 6 and 7 of Section 2
Township 5 North Range 2 East from Forest F-40 to Forest F-5

Jim Gentry, County Planning Department Director, showed an area map of this property located
in the Southfork area. The F-40 zone requires 40 acres per lot and the F-5 requires 5 acres per lot.
The Planning Commission unanimously recommended denial of this request because it was not
consistent with the Ogden Valley General Plan which called for no increase of density in this area.
Mr. Gentry stated that his department had a letter from the Town of Huntsville expressing their
concerns because the proposal involved Huntsville’s watershed area.

Commissioner Dearden asked about contiguity of these two zones and Mr. Gentry noted that there
had been a problem when autocad files had initially been converted to the current system. He
showed that the only place the zones connected was at the corner. Casey Quinn, petitioner/partner
in this property, stated that this property was unique in that it was the only flat/buildable ground in the
surrounding area. He said that if it was a watershed issue then it should be addressed properly.

Chair Bischoff invited public comments and following is a summary:

Jim McKay, Huntsville Town Mayor, requested that the Commission deny the request to down-
zone this area. He referred to Huntsville’s position as reflected in their letter and also reflected on
the maps of their water source protection plans. He stated that Huntsville was very concerned
because of the geologic structure in that area–the underground consisted primarily of soft materials,
such as limestone, and there had been an ongoing problem for many years with sinkholes, which
occur suddenly, just west of this property, and the water transit time from the runoff into
Huntsville’s springs is very quick. A study conducted in the 1960's showed that dye put into a
drainage portion of Sheepherd Creek was appearing in Huntsville’s spring within about 1-1½
hours. A study by the Division of Drinking Water some years ago indicated that Huntsville’s
springs were surface-influenced and mandated that Huntsville put in a treatment plant.
Additionally, at some expense, and in cooperation with the Monastery, Huntsville established a
source protection plan, which was filed with the County Planning Department.

Darrell Byram, adjacent property owner, stated that the petitioners had purchased this property
knowing there was no access. He expressed concern how the petitioners would access it and how
that would affect the livestock grazing in that area.

Val Byram, adjacent property owner, stated that Still Standing Stables had purchased this property
(from the Utah State School Trust) advertised with no access and no water rights. After the
petitioners purchased the property, they sued the four Byram brothers, the Monastery, and others
for access. A court hearing on 2/2004 ruled the petitioners did not have access and Mr. Byram’s
concern was how access would be granted if they rezoned and pursued development. The
petitioners had traded 5 acres with the Allen’s and were claiming they automatically accepted
access through the Monastery and the Byrams.

Robert Fuller, counsel for Still Standing Stables, stated that the petitioners were asking to extend
the F-5 zone and if the Commission was ever inclined to rezone that area this should be the
property. The property was not landlocked, that property had since been purchased with right-of-
way and that accesses were transferrable. He said that it was contiguous to the other property and
unique within the area. If the Commission started allowing more development, then the petitioner
was seeking consistency. He suggested imposing an impact fee from all the homes there to collect
revenue to finance a condemnation process if dyes were going into the ground.

Father Alan Hohl, Abbey of Holy Trinity (the Monastery in Huntsville), stated he wholeheartedly
supported Mayor McKay’s presentation, that safeguarding the water source protection area was
very important and was the law.

Clint Menke, of Rocking HR Ranches bordering the subject property, referred to consistency
stating, that although it was not their current intention, if this rezone was approved they probably
would also request rezoning.

Ross Allen’s property borders the subject property. He wished to clarify that all the water coming
from Sheepherd Creek came through the subject property, and could end up in the Huntsville
Town’s water system. He had seen seep holes in that creek, that most were on his property, and
he wanted the water to be preserved and safe for everyone. He stated his personal knowledge that
water coming from the subject property ended up in that creek, which at times seeped into the
Huntsville’s water system.

Chair Bischoff asked if official testing had been done to qualify what had been stated and Mr.
Allen said that his father was involved in that testing and he was aware that some of the water from
the Sheepherd Creek along with water from their property was tested and the dye had gone into
Huntsville’s water system. Mayor McKay said that the test that was done had not been recorded,
but a determination had been made that there was a problem and an effort made between the
Monastery and Huntsville Town over the years to fill the sink holes, to divert water around sink
holes, etc., to try minimizing the amount of particulate that ends up in their water supply. He
reiterated that they were very concerned about this and recently had requested that the US
Geological Society and the Utah State University prepare a plan and do some testing to determine
where the water was going and the transit time that it takes.

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

4. Action on public hearing:

F.2. - Public hearing on ZP #03-2007 to rezone Lots 3, 4, 6 & 7 from F-40 to F-5
Commissioner Dearden moved to deny the petition for rezone because it did not adhere to the
Ogden Valley General Plan; Commissioner Zogmaister seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 26, 2007, 10 a.m.

H. Public Comments:

I. Adjourn
Commissioner Zogmaister moved to adjourn at 11:10 a.m.; Commissioner Dearden seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor