Minutes for 2008-03-04, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 4, 2008 - 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, Chair, Craig L. Dearden, and Kenneth A. Bischoff.

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

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

D. Consent Items:
1. Purchase orders in the amount of $121,123.37
2. Warrants #234965 - #235250 in the amount of $1,100,126.53
3. Minutes for the meeting held on February 26, 2008
4. New Business License
5. Approval of an ACH payment to US Bank in the amount of $37,899.11 for purchasing card transactions through billing cycle ending February 15, 2008
6. Set public hearing for March 25, 2008, 10 a.m., to consider proposed amendments to Chapter 2 of the Weber County Subdivision Ordinance
7. Set public hearing for March 25, 2008, 10 a.m., regarding a request to amend the approved site plan and increase the size of the residential and commercial areas for a parcel located in CVR-1 Zone at the intersection of Highway 39 and Snow Basin Road
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Real Estate Sale & Purchase Agreement with Roy City to help accommodate Roy City’s interests - Contract C2008-37

Nate Pierce, County Operations Department Director, stated that the county had acquired a 2 ft. wide X 124 ft. long parcel (LSN 09-123-0045) through a tax sale, which may have occurred because the property owners at the time did not realize they owned it. Roy City realized that this parcel was necessary for the property owner to have proper setbacks and had petitioned the county to sell it to the city, which in turn would make the adjustment with the property owner. This parcel had been declared surplus on May 15, 2007.
Commissioner Dearden moved to approve Contract C2008-37, Real Estate Sale and Purchase Agreement by/between Weber County and Roy City to help accommodate Roy City’s interests; Commissioner Bischoff seconded, all voting aye.

2. Service Agreement with Johnson Control/York for air conditioning and refrigeration equipment system services - Contract C2008-38

Nate Pierce, County Operations Department Director, stated that this was the contract renewal for the HVAC system in the Weber Center. This contract was for an initial 5-year period and would automatically renew on a year-to-year basis unless terminated by written notice by either party. The contract amount was $3,329.00/year.
Commissioner Bischoff moved to approve Contract C2008-38, Service Agreement by/between Weber County and Johnson Controls, Inc./York for air conditioning and refrigeration equipment system services; Commissioner Dearden seconded, all voting aye.

3. Resolution and Agreement for the Purchase, Acquisition and Financing of the Box Elder County Landfill and Other Related Personal Property and Equipment - Resolution 5-2008, Contract C2008-39

Gary Laird, noted that Weber County had joined with a group called NURLA (Northern Utah Regional Landfill Authority) in 2007. That group conducted a study to find a location where the four entities (Box Elder, City of Logan, Wasatch Integrated Waste Management District and Weber County) could develop a landfill. The study identified the Box Elder County Landfill as the number one site of the six analyzed sites and the other entities had signed this agreement. Commissioner Dearden, a board member of NURLA, spoke in favor of this action stating that it had the potential to save the county money.
Commissioner Dearden moved to adopt Resolution 5-2008 and approve Contract C2008-39 for the purchase, acquisition and financing of the Box Elder County Landfill and other related personal property and equipment; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

4. Discussion/action on the request to exclude certain properties from the proposed incorporation of the Town of Powder Mountain

Alan McEwan, Clerk/Auditor, stated that the Clerk/Auditor’s office had received two requests for exclusion from the proposed incorporation of the Town of Powder Mountain–Wolf Creek property, which met the criteria for exclusion, and property owned by Dennis Smith, which would have created an island, therefore did not meet the criteria.
Commissioner Bischoff moved to exclude the Wolf Creek Resort & Club property from the proposed incorporation of the Town of Powder Mountain; Commissioner Dearden seconded, all voting aye.

Commissioner Dearden moved to deny the property exclusion of Dennis Hugh Smith from the proposed incorporation of the Town of Powder Mountain because it created an island, thereby not meeting the criteria; Commissioner Bischoff seconded, all voting aye.

5. Discussion on “A Resolution of the Board of County Commissioners of Weber County Granting a Petition for Incorporation of the Town of Powder Mountain”

Commissioner Dearden asked that this item be held. He had wondered if anyone had contacted Powder Mountain Properties to see if they would be willing to discuss and perhaps compromise on some of the issues they were dealing with pertaining to the proposed incorporation of the Town of Powder Mountain. He had discussed this with a couple of individuals heavily involved in this process and they had felt that discussion was worth exploring. Commissioner Dearden then contacted representatives from Powder Mountain Properties and they had indicated that the development owners were willing to entertain discussion on this issue and he asked to hold this item until those discussions occurred.
Commissioner Dearden moved to hold this item until the parties had an opportunity to discuss the issue; Commissioner Bischoff seconded, all voting aye.

F. Public Hearing

1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearing; Commissioner Dearden seconded, all voting aye.

 2. Public hearing to consider Zoning Petition #02-2007 by Weber County to amend Chapter 1- General Provisions (Definitions) of the County Zoning Ordinance

Scott Mendoza, County Planning Department, stated that this was to handle some housekeeping items that consisted of 11 of new definitions (i.e., acreage, gross; acreage, adjusted gross; agriculture; and non-climbable fence. Chair Zogmaister invited public comments and none were offered.

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

4. Action on public hearing:

F.2 - Public hearing to consider ZP #02-2007 to amend Chapter 1 (Definitions) - Ordinance 2008-9
Commissioner Bischoff moved to adopt Ordinance 2008-9 amending the Weber County Zoning Ordinance, Chapter 1, General Provisions (definitions); Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

G. Assign Pledge of Allegiance & Thought of the Day for Tues., March 11, 2008, 10 a.m.

H. Public Comments:

Steve Clarke, of Eden, applauded the Commission’s decision to invest more time and study into the proposed incorporation of the Town of Powder Mountain, calling it a wise step to continue dialogue with the petitioners. He encouraged the commissioners to bring any compromise issues emerging from those discussions to the public for discussion because the impact of the proposed incorporation went far beyond the 60 homes.

I. AdjournCommissioner Dearden moved to adjourn at 10:40 a.m.; Commissioner Bischoff seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor