Minutes for 2008-09-16, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 16, 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 - David Wilson
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase orders in the amount of $125,266.24
2. Warrants #241504-241739 in the amount of $1,046,015.34, voiding #241549 ($135,539.96)
3. Minutes for the meeting held on September 9, 2008
4. Surplus a Sharp F05500 fax machine from the Clerk/Auditors Office
5. Set public hearing for October 7, 2008 to amend the Weber County Zoning Ordinance by adding Chapter 41, Drinking Water Source Protection
Commissioner Dearden moved to approve the consent items as presented; Commissioner Bischoff seconded, all voting aye.

E. Presentation:

Present Lease Funds from 9/1/2008 - 12/31/2008 from the Aero Space Museum Restoration Center Facility at Ogden Hinckley Airport, built with RAMP funds

Marc Reynolds, Chair of Aero Space Heritage Foundation, stated that they had applied for a RAMP grant to construct a restoration facility (a hanger) at the Ogden Airport. The hanger belongs to the county and the Foundation will pay a lease fee of $1.00/year to the county. He presented a check in the amount of 59¢ for the remainder of this year. Chair Zogmaister noted that RAMP funds were helping to accomplish great things in the community.

F. Action Items:

1. Officially adopt an ordinance rezoning property at 3440 E. & 4100 N., Liberty, from Commercial Valley-2 (CV-2) to Agricultural Valley-3 (AV-3) & Also rezoning property at 3464 E. & 4100 N. from Commercial Valley-2 (CV-2) to Agricultural Valley-3 (AV-3). This is a result of Zoning Petition #17-90 that was previously presented & approved by the Weber County Planning Commission (10/23/1990) & the (1990) Weber County Commission - Ordinance 2008-32

Scott Mendoza, County Planning Department, stated that LSN 22-012-0019 was currently owned by the Morgans. In 7/1990 a portion of that parcel was rezoned (by Ordinance 11-90) from A-1 to C-2 by a previous landowner, Mr. Sorenson, who subsequently had difficulty with financing and asked the county to undo the rezoning from 1990 and move that zoning 250 ft. to the west to another property, parcel 22-012-0018 (currently owned by the Parsons), which occurred. The Parsons recently asked the county what the zoning was (there is a dentist’s office there) and upon researching, Planning staff found that the zoning maps did not show the zoning in place.  In 10/1990 the petition had gone before the Planning Commission, which recommended approval to the County Commission, which then directed Planning staff to prepare the ordinance for the following week undoing the zoning on the first parcel and placing it on the second parcel. Those minutes indicate that action was held, possibly because the ordinance had not been ready. Both the land use and building permits had been issued for the dental office for the second parcel, and the Health Department had issued a septic tank permit. Mr. Mendoza said that everyone had been under the assumption that this rezoning had occurred and he presented the ordinance that would officially complete the process from 1990. County Planning had met with one of the current owners and contacted the other through certified mail, allowing them time to respond, and had a signed receipt of that certified letter.
Commissioner Bischoff moved to adopt Ordinance 2008-32 rezoning property at 3440 East & 4100 North, Liberty, from Commercial Valley-2 (CV-2) to Agricultural Valley-3 (AV-3) and also rezoning property at 3464 East and 4100 North from Commercial Valley-2 (CV-2) to Agricultural Valley-3 (AV-3); Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 

2. Interlocal Agreement providing for the advancement of funds to the Ogden Valley TV Translator Special Service District - Contract C2008-187

Commissioner Dearden noted that the county had approved a contract last week but had made a change from a 7-year payout to 10 years. Chair Zogmaister had spoken with John Bond, Treasurer’s Office, regarding the repayment extension and noted that the District was statutorily required to report their 2008 budget to the State Auditor before the county could disburse the funds, which had not been done yet, and Mr. Bond concurred. Keith Anderson, Chair of this District, stated that he had just learned about this today. He thanked Commissioner Dearden for all of his assistance.
Commissioner Dearden moved to approve contract C2008-187, Interlocal Agreement providing for the advancement of funds to the Ogden Valley TV Translator Special Service District with a caveat that no funds be disbursed until the State Auditor’s requirements are met; Commissioner Bischoff seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, September 23, 2008, 10 a.m.

G. Public Comments: None

H. Motion for a closed meeting to discuss imminent or ongoing litigation
Commissioner Dearden moved to adjourn the regular meeting and convene a closed executive session to discuss imminent or ongoing litigation; 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 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