Minutes for 2008-10-07, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 7, 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 - Ernest Rowley
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase orders in the amount of $130,565.12
2. Warrants #242223-242433 in the amount of $1,023,894.15
3. Minutes for the meetings held on September 22 and 30, 2008
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Final approval of the final phase of the Elkhorn Subdivision Phase 6 (1 lot) including a financial guarantee in the amount of $70,289.86

Sean Wilkinson, County Planning Department, stated that this subdivision was located in the Ogden Valley and consisted of 1.3 acres in the RE-15 zone. He said that the subdivision would be served by a cul de sac, which was the best option in this case because there was no place for a stub road based on where the property was located in relation to Trappers Ridge’s common area to the east and south and to an existing subdivision to the west. This is in an area identified in the Sensitive Lands Ordinance as an important wildlife habitat and the cul de sac was also the best option in this case because the lot would not be divided in half with a stub road. The subdivision had met all the requirements and the Planning Commission had recommended final approval on 9/23/2008.
Commissioner Dearden moved to grant final approval of the final phase of the Elkhorn Subdivision Phase 6 (1 lot) including a financial guarantee in the amount of $70,289.86; Commissioner Bischoff seconded, all voting aye.

 

2. Final reading & Re-enactment of an Ordinance Re-enacting the imposition & collection of Tourism, Recreation, Cultural &Convention Taxes - Ordinance 2008-33

David Wilson, Deputy County Attorney, stated that this was the second reading of the ordinance. It is required by the legislature to be adopted annually.
Commissioner Bischoff moved to adopt Ordinance 2008-33 re-enacting the imposition and collection of Tourism, Recreation, Cultural and Convention Taxes; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

F. Public Hearing

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

2. Public Hearing to amend the Weber County Zoning Ordinance by adding Chapter 41 Drinking Water Source Protection

Jim Gentry, County Planning Department, stated that the past legislative session required counties to adopt drinking water source protection zones surrounding wellheads and springs used by public water systems (HB 40). Mr. Gentry noted that this was a mitigation-type of ordinance and that it applied to incorporated and unincorporated areas of Weber County for community water companies of 15 or more connections only (not individual wells). A map was included in the commissioners’ packets indicating the four different zones. In addition to the County Attorney’s Office, the State Division of Drinking Water, Health Department, and several water companies reviewed the ordinance and no comments were received back from them.

Chair Zogmaister invited public comments. Scott Paxman, of Weber Basin Water Conservancy District, expressed thanks to the county in instituting an ordinance protecting water systems, noting that as a conservancy district they did not have planning and zoning authority to protect ground water sources. Mr. Paxman did not find in Chapter 41 whether the public water systems would be notified if there were violations/variances from developers, and he suggested that the county also put this in policy. Mr. Gentry stated that if the county was aware of any violations, the water companies would be notified. If the county knows it involves the district, it will notify them. Chair Zogmaister asked how notifying the district would be helpful and Mr. Paxman said that they could start testing the well for different water quality compounds. He also said that HB 40 indicated that the county ordinance would apply to incorporated and unincorporated areas unless the municipalities passed an ordinance and Mr. Gentry responded that this was correct, that if cities adopted their own ordinances those would supercede the county’s ordinance.
3.Commissioner Dearden moved to adjourn the public hearing and reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.

4. Action on public hearing:

F.2. - Public Hearing to add Chapter 41 Drinking Water Source Protection - Ordinance 2008-34
Commissioner Dearden moved to adopt Ordinance 2008-34 adding Chapter 41, Drinking Water Source Protection, to the Zoning Ordinance; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 

G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, October 14, 2008, 10 a.m.

H. Public Comments: None

 Closed Executive Session to discuss strategy relating to purchase or sale of real estate, strategy relating to pending or imminent litigation and to discuss the character and competency of an individual
Commissioner Bischoff moved to adjourn the public meeting and convene a closed executive session to discuss strategy relating to purchase or sale of real estate, strategy relating to pending or imminent litigation and to discuss the character and competency of an individual; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

No action was taken on the closed executive session.

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

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor