Minutes for 2008-08-05, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 5, 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 - Rob Scott
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase orders in the amount of $285,831.00
2. Warrants #240180-240361 in the amount of $3,282,590.65
3. Minutes for the meeting held on July 29, 2008
4. Surplus Telecommunications Equipment from Information Technology
5. New business licenses
Commissioner Dearden moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. Release of Claims for lots in Parkland Business Park

Nate Pierce, County Operations Department Director, stated that several years ago when the county was closing the landfill it had to acquire quality clay soil to cap it, and it was obtained from the Parkland Business Park. The county had agreed to build a road into the Business Park in exchange for the soil and as lots were sold in the Business Park, the county would be reimbursed for the cost of constructing the road. The lots have all been sold now and all money owed to the county has been received (for a total of $835,000).
Commissioner Bischoff moved to approve the Release of Claims for lots in Parkland Business Park; Commissioner Dearden seconded, all voting aye.

2. Final approval of Ridl Subdivision, acceptance of a financial guarantee in the amount of $5,500 and a request for deferral of curb, gutter and sidewalk

Sean Wilkinson, County Planning Department, showed an area map. This one lot consists of 5.23 acres and is not within 1.5 miles of a school. The Weber Fire District was requiring a fire hydrant at the southwest corner of the lot and the financial guarantee was for that hydrant and County Engineering’s required improvements. The Planning Commission unanimously recommended final approval on 4/8/2008 with a deferral of curb, gutter and sidewalk.
Commissioner Dearden moved to grant final approval of Ridl Subdivision with a financial guarantee in the amount of $5,500 and a deferral of curb, gutter and sidewalk; Commissioner Bischoff seconded, all voting aye.

 

 5. Resolution of the Board of Commissioners of Weber County appointing a member to the Weber County Library Board - Resolution 17-2008

Chair Zogmaister stated that a term had expired on this Board, which had recommended that Holly Bauman be reappointed.
Commissioner Bischoff moved to adopt Resolution 17-2008 appointing Holly Bauman to the Weber County Library Board; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

6. Resolution of the Board of Commissioners of Weber County granting a petition for the incorporation for the Town of Powder Mountain - Resolution 18-2008

Alan McEwan, County Clerk/Auditor, read portions of a letter the Clerk/Auditor had submitted to the County Commission, which was also reflected in the resolution. Chair Zogmaister read the resolution which stated that on 1/18/2008 certain property owners had filed a petition for incorporation of the Town of Powder Mountain with the Weber County Clerk/Auditor’s Office pursuant to §10-2-125 Utah Code Annotated; that the Clerk/Auditor's Office had deemed it to be a qualifying petition; that the Lieutenant Governor's office had certified the population of the proposed incorporation was greater than 100 and less than 1000; that notification was sent to the appropriate property owners and the Clerk/Auditor's Office received requests by two property owners to have their property excluded and one of those property owners qualified for exclusion which resulted in the exclusion of that property owner's property as well as some property connected to the town only through that property; that after removing those properties from the proposed town boundaries, the Clerk/Auditor's Office recalculated the area and property values and determined that the proposed town met the requirements of a qualifying petition and all other criteria for incorporation; that the 2007 Utah State Legislature stripped the Board of County Commissioners of all legislative authority to consider the merits of incorporation of a qualifying petition for incorporation of a town and the 2008 Utah State Legislature changed the process for the incorporation of towns but specifically excepted pending petitions for incorporation of towns from being subject to the modified legislation; that the Clerk/Auditor's Office had certified that this petition for incorporation met the requisite criteria; and pursuant to the provisions of §10-2-125(5)(b), the Board of Commissioners of Weber County thereby granted the petition for incorporation of the Town of Powder Mountain with the boundaries of the Town as described in Exhibit A of the resolution.

Commissioner Dearden said he had been hopeful as discussions ensued with Powder Mountain that they would come to a resolution other than incorporation and was disappointed they had not. Since the petition had come forward, he had received a lot of emails, etc., raising issues about islands, that the 1% opt out option would change boundaries, and the legal description of the Town was not accurate. He said that a major issue raised repeatedly was the constitutionality of the law and he had many discussions with Wasatch County counsel (because they had dealt with this issue, had been sued, and the judge ruled in the petitioners’ favor), with Weber County legal counsel, the Lt Governor’s Office, and a private attorney to determine if there was something to disallow this incorporation petition, but there had been nothing. He added that a retroactive clause in the Legislature that would have rendered this petition ineffectual was not successful. He added that it greatly bothered him that the county had no decision in this issue and that they were compelled by the legislature to do something they did not agree with, that this was a bad law passed by the legislature and it impacted a lot of people throughout the State, however, he had sworn to uphold the law. The Commission Office had researched if there were similar laws passed in any state that had been ruled invalid and had been unable to find anything. He reiterated that as a Commission they had looked for ways to avoid incorporation.
Commissioner Bischoff said that Commissioner Dearden had spoken well for how the County Commission felt. He added that it was difficult when an issue came up where the commissioners had no voice because the law stated that if the petition qualified “it shall be approved.” David Wilson, Deputy County Attorney, stated that his office had responded to questions from the Clerk/Auditor’s Office and the Commission and reiterated that the legislature had essentially stripped the Commission of all its legislative authority on this issue. Chair Zogmaister said that the law at the time of filing for this incorporation had many problems in it but one of the biggest was that it took the right away from the people to vote for those they wanted representing them in the town. She thanked all those involved in this process.
Commissioner Bischoff moved to adopt Resolution 18-2008 granting a petition for the incorporation for the Town of Powder Mountain; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

7. Request to appoint the mayor and town council for the Town of Powder Mountain

Brooke Hontz, Project Manager for Powder Mountain, presented a list of six registered voters and residents of the town for Mayor and council members: Dr. Alvin Cobabe, Lavar Lowther, Jamie Lythgoe, Stephen Moisen, Rick Stearman, and Erin Stokes.

Commissioner Dearden appreciated these individuals for being willing to undertake this task and stated they were probably highly qualified. However, he had been hoping for a longer list rather than the exact number needed because there was no latitude to decide who would represent the town, and the Commission only received the list on Friday and did not have the opportunity to speak with any candidates. Commissioner Bischoff also wanted to see a larger list. He said that as a public servant, personal/financial interests should not play a part in decisions and that he did not know if any of these individuals had some kind of personal interest in this development and the list might not change, but he had concerns if there was deadlock on issues relating to development of Powder Mountain and how they would get any business done. Chair Zogmaister noted that there were over 100 people in the town and asked Powder Mountain for a longer list and to be granted enough time to speak with the candidates and do due diligence, as they do on other appointments. Mr. Wilson suggested that both the Commission and the sponsors could prepare a list and meet to discuss the applicants. Chair Zogmaister asked that those qualifying area residents that had a desire to serve contact the Commission. Mr. Wilson noted that the incorporation had been granted today, but it was not complete until the new Mayor filed with the State.
Commissioner Dearden moved to table the item to appoint the mayor and town council for the Town of Powder Mountain for two weeks from today; Commissioner Bischoff seconded, all voting aye.

 

8. Agreement with Ron Bain Construction for certain improvements to the Weber County Attorney’s Office - Contract C2008-174

David Wilson, Deputy County Attorney, stated that these improvements were to make the County Attorney’s reception area more secure. He noted that there were limitations on the amount of the money–part had been budgeted and part was coming from funds from attorney fee forfeitures.
Commissioner Bischoff moved to approve Contract C2008-174 with Ron Bain Construction for certain improvements to the Weber County Attorney’s Office; Commissioner Dearden seconded, all voting aye.

 

3. Contract with State of Utah, Department of Public Safety, Division of Homeland Security to allow for access of County Emergency Management into the Statewide Special Needs Registry - Contract C2008-175

Lance Peterson, County Emergency Management, had come up with the idea of a special needs registry and it was taken to the State. This agreement limits access to that registry database to three county employees within Emergency Management and the Homeland Security section of the Sheriff’s Office.
Commissioner Bischoff moved to approve Contract C2008-175, Statewide Memorandum of Agreement, with the State of Utah, Department of Public Safety, Division of Homeland Security to allow for access by County Emergency Management into the Statewide Special Needs Registry; Commissioner Dearden seconded, all voting aye.

4. Contract with DeeEll Fifield to assist Ogden City School District, per contract, in developing a District level emergency response plan - Contract C2008-176

Lance Peterson, County Emergency Management, stated that this contract was to outsource to DeeEll to help develop a district level emergency plan.
Commissioner Dearden moved to approve Contract C2008-176 with DeeEll Fifield to assist Ogden City School District, per contract, in developing a District level emergency response plan; Commissioner Bischoff seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tues., August 12, 2008, 10 a.m.

G. Public Comments:

Deja Mitchell, resident of the future Powder Mountain Town, said she was speaking on behalf of many her neighbors. She thanked the Commission for all the hard work they had put into the Powder Mountain Town and for their efforts to preserve the people’s rights. She asked that they continue to do what they could to protect them such as ensuring they had a town council that actually reflected their community.

H. Close public meeting for a closed executive session to discuss the character, professional competence, or physical or mental health of an individual
Commissioner Dearden moved to close the public meeting and convene a closed executive session to discuss the character, professional competence, or physical or mental health of an individual; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

There was no action taken on the closed executive session.

I. Adjourn
Commissioner Dearden moved to adjourn; Commissioner Bischoff seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor