Minutes for 2007-08-28, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 28, 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, Vice Chair, 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 - David Wilson
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase orders in the amount of $128,886.37
2. Warrants #228740 - #229071 in the amount of $1,865,013.09
3. Minutes for the meeting held on August 21, 2007
4. New Business License Applications
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Discussion on Relocation of a gate on county property near the Sunridge Highlands Subdivision in the Ogden Valley

Prior to making a decision on this issue, the commissioners will make a site visit with both Sunridge and Jason Allred. Chris Allred, Deputy County Attorney, stated that a gate had been placed on a piece of county property many years ago that was used as a road which ran through the Evergreen Park Subdivision and accessed Sunridge Highlands Subdivision (Sunridge). Chris Allred believed this gate was maintained by Sunridge. Recently, the property surrounding that gate was purchased by a new owner. Jason Allred, representing that owner, stated they desired to have the gate moved up to theirs property line with Sunridge to facilitate his access because locking and unlocking the gate was an inconvenience. However, Chris Allred had heard from Sunridge property owners who felt moving the gate to a different location would leave them without the protection of the gate and open access to their properties. Several property owners from Sunridge were present today and some addressed the Commission. Chris Allred said that this gate had been placed there by agreement with the county to remain locked until such time as that road would be further developed and used as a loop road going to Powder Mountain.

Jason Allred stated that he had contacted Sunridge regarding moving the gate to the property line but Sunridge had expressed a concern about four-wheelers getting onto their property and with the steepness of the road if the gate was moved and people having to park on that grade. He said that there were four-wheeler trails around the gate now, that people could get in by going through his property, and that he had brought maps which he said showed that moving the gate to the proposed location would not expose anyone to four-wheelers. He said that he had a slope analysis which showed the grade to be between 0-10%.

Chair Bischoff invited comments from those present and Commissioner Zogmaister also asked that they make the Commission aware of anything prior to the site visit.  Larry Worrell, President of Sunridge Property Owners Association, stated that Sunridge had about 395 association members and they desired the gate to stay where it was per the agreement with the county since the early 1980's. Their main concerns were with the slope and security. Mr. Worrell said that the commissioners needed to physically see the slope. Sunridge had 35-40 ft. motor homes and large trailers going in there. Under the proposal they would have to stop on a hill with a heavy load and then try to get going again, which was almost impossible. The current gate was on a good location–it was on flat ground and very secure but the proposed location was just a road and it would be difficult to make it as secure as it currently was. Currently, there was a turn-around area just outside of the gate. Sunridge had suggested to Jason Allred that if he was going to have gates on his road that he move this gate a little ways onto his property and Sunridge would share in the cost but Mr. Allred did not want to do that. Mr. Worrell added that according to the agreement, the county would have to maintain the road when the gate was removed from the current location.

Commissioner Dearden referred to Sunridge’s efforts to come up with a compromise to move the gate further east onto Mr. Allred’s property. Mr. Worrell said that there were flat areas there, that Sunridge would still have a gate, and Mr. Allred would not have to place gates on all the roads he was going to develop. Jason Allred said that his concerns were with costs of maintaining that road on the other side of the gate because it was almost three tenths of a mile and the gate was large and heavy and would be inconvenient when he started subdividing. In the future, he wanted year-round access and did not want a gate. He believed the west side of his development was under 12% grade and it would probably be deeded to the county.

Brad Orton stated he owned the first 40-acre parcel on Sunridge going up the hill and his biggest concern was having the gate on the hillside; it would be wise to leave the gate where it was. Additionally, there was not enough room to make a turn around. There were no flat places until one gets on top of the property under the power lines, past the 40 acre parcel. Mr. Worrell and Jason Allred replied to Commissioner Zogmaister’s question stating that it would be a locked gate regardless of whether it stayed or was moved.

Jim Craner, Sunridge property owner for 30+ years, stated they had enjoyed the security for over 30 years, and that there weren’t too many level spots, except at the top. He said that on the north side of the road it was a 30-40º rise and there was no practical use for that property, and he did not understand why Mr. Jason Allred wanted the gate moved. There was access to Mr. Allred’s property through the Evergreen Park Subdivision and another road that started just before the gate.

Karen Gullo, of Sunridge, stated that security and the grade were main issues. She referred to Jason Allred’s statement that people could now go around the gate with a four wheeler stating she didn’t know how that was possible, unless it was by horseback. She referred to another statement made by Mr. Allred about how heavy the gate was and having to get in and out to lock and unlock it stating that long-time residents had no problem with that and that she opened the gate every Sunday wearing a dress and high heels and had no problem; this was not an issue.

Joseph Murray, of Sunridge, stated that this was county property and that road from Highway 39 clear up through the Evergreen Park Subdivision, through Sunridge and up onto the top was Weber County property. That gate had been there since the division of lots. He said that the road through Evergreen had been paved on a piece meal basis from Highway 39, and estimated that the county had the road paved to within a half mile of the current gate. The county had maintained this section of road to the present, and Mr. Murray said that the county needed to consider whether it would move that gate and extend its jurisdiction to maintain the road beyond the gate. Under the agreement between Sunridge and the county, the agreement was for Sunridge to maintain the last mile or two of gravel road beyond the gate.

Gaye Loftus, of Sunridge, said that she had a 35 ft. fifth wheel and her concern was for safety for those going up and coming down and trying to stop those vehicles on that grade.

Mary Adele Monson, of Sunridge, stated that the gate had been put in with the agreement that Sunridge, Inc. give the ground for the road and the gate, thus it had been donated with a guarantee that Weber County would leave that gate in place until the county wanted it down, and if it was removed then the county became responsible for the entire financial burden of that road. She guessed the gate had been placed there about 42 years ago and stated that Sunridge owned at least 40 acres in the area being proposed to moving the gate.

Gary Kapp, of Sunridge, suggested that the Commissioners invite Curtis Christensen, County Engineer, to look at the watershed problems and the turnaround for emergency vehicles.

2. Interlocal Agreement with Ogden City regarding 2007 Municipal Election - Contract C2007-207

Alan McEwan, County Clerk/Auditor, stated that an agreement had been reached with Ogden City to assist them with municipal elections. Mr. McEwan said that the estimated contract amount was $65,942.00 to handle both the primary and general elections.
Commissioner Zogmaister moved to approve Contract C2007-207, Interlocal Agreement by/between Weber County and Ogden City regarding the 2007 municipal election; Commissioner Dearden seconded, all voting aye.

3. Agreement with the State of Utah for the 2008 Western States Presidential Primary Election Funding - Contract C2007-208

Alan McEwan, County Clerk/Auditor, stated that this contract with the Lieutenant Governor’s Office was for $191,000.00, the amount appropriated to the county by the State Legislature to help fund the Presidential Primary.
Commissioner Dearden moved to approve Contract C2007-208 by/between Weber County and the State of Utah for the 2008 Western States Presidential Primary Election Funding; Commissioner Zogmaister seconded, all voting aye.

4. Resolution appointing members to the Powder Mountain Water & Sewer Improvement District - Resolution 48-2007

David Wilson, Deputy County Attorney, stated that the county had received the request from this District to appoint members and the statutory process for appointments had been followed.
Commissioner Zogmaister moved to adopt Resolution 48-2007 of the Board of Commissioners of Weber County appointing the following to the Powder Mountain Water and Sewer Improvement District: Ray Moss, Lavar Lowther and Greg Greer to 4-year terms each, expiring 7/31/2011, and Mark Arnold and Steve Nielsen to serve 2-year terms expiring 7/31/2009; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff Dearden aye

5. Contract with Ogden Regional Medical Center to provide security on an as needed basis - Contract C2007-209

Kevin McLeod, Sheriff’ Office, stated that Ogden Regional Medical’s security staff was not armed and on certain occasions (i.e., gang problems) they will call the Sheriff’s Office to provide some armed security services. The hospital will pay the county $30/hour for each deputy.
Commissioner Dearden moved to approve Contract C2007-209 by and between Weber County and Ogden Regional Medical Center to provide security on an as needed basis; Commissioner Zogmaister seconded, all voting aye.

6. Ordinance re-enacting the imposition and collection of tourism, recreation, cultural and convention taxes - Ordinance 2007-22

David Wilson, Deputy County Attorney, presented this annual ordinance renewal.
Commissioner Zogmaister moved to adopt Ordinance 2007-22 of the Board of Commissioners of Weber County re-enacting the imposition and collection of tourism, recreation, cultural and convention taxes; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff Dearden aye

7. Contract with ATC Associates, Inc., to perform a Phase I ESA for Weber Center and Ogden Eccles Conference Center by September 13, 2007 - Contract C2007-210

Dan Olsen, County Comptroller, stated that this was for a Phase I Environmental Site Assessment required by the Banc of America, which was purchasing the Municipal Building Authority Lease Revenue Refunding Bonds, Series 2007. The contract amount was $4,500.00 and would be paid out of the savings realized by the bond refinancing.
Commissioner Zogmaister moved to approve Contract C2007-210 by/between ATC Associates, Inc., to perform a Phase 1 ESA for the Weber Center and the Ogden Eccles Conference Center by September 13, 2007; Commissioner Dearden seconded, all voting aye.

8. Contract with Motorola Wireless Data Communications System - Contract C2007-211

9. Contract with Ogden City School District for remote internet cooperative service - Contract C2007-212

10. Contract with Weber County School District for remote internet cooperative service - Contract C2007-213

Lance Peterson, County Emergency Management, presented items E.8-10 together because they were related. The contract with Motorola was for the purchase and installation of 4.9 gig wireless radio data communications for public safety agencies throughout Weber County, which included installing internet access points at these two School District facilities and wireless routers at designated street light locations for access to municipal power supplies. Under the contract, the School Districts agree to allow access to the internet via their telecommunication infrastructure on the 4.9 gig system. Weber County allows use of the 2.4 gig system that is in tandem with the 4.9 system for camera use and school district wireless internet access. The purchase amount with Motorola was 100% funded through Homeland Security grants. Leonard Call, County Information Technology Department Director, stated that his concern was I.T.’s ability to support this once it was in place, but he did not know what it would involve until it was installed. It is anticipated that the installation will be completed before the end of September 2007.
Commissioner Dearden moved to approve Contracts C2007-211 with Motorola Wireless Data Communications System, C2007-212 with Ogden City School District for remote internet cooperative service and C2007-213 with the Weber County School District for remote internet cooperative service; Commissioner Zogmaister seconded, all voting 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 an ordinance to vacate the Moses Mountain Subdivision (2 lots) located at approximately 2527 Bonneville Terrace Dr.

Justin Morris, County Planning Department, presented the request to vacate this subdivision which had been recorded in 1995. He said that this vacation would act as a tool to clear the Moses Mountain Subdivision and related easements from Weber County’s record and allow the parcel to be re-subdivided. Mr. Morris noted that the petitioners were present. Chair Bischoff invited public comments and none were offered.

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

4. Action on public hearing:

F.2. - Public hearing to vacate the Moses Mountain Subdivision - Ordinance 2007-23
Commissioner Dearden moved to adopt Ordinance 2007-23 of the Board of Commissioners of Weber County vacating the Moses Mountain Subdivision and all related easements; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff Dearden aye

G. Assign Pledge of Allegiance & Thought of the Day for Tues., September 4, 2007, 10 a.m.

H. Public Comments: None

I. Motion to close the public meeting to discuss strategy related to pending or reasonably imminent litigation

No meeting was held.

J. Adjourn
Commissioner Dearden moved to adjourn at 11:04 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor