Minutes for 2009-05-12, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 12, 2009 - 10:00 a.m.
Pleasant Valley Branch Library, Washington Terrace, 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: Craig L. Dearden, Chair, Jan M. Zogmaister 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 Dearden
B. Pledge of Allegiance - Monette Hurtado
C. Thought of the Day - Commissioner Bischoff
D. Presentation of Appreciation Awards to RAMP Board members who have completed their terms of service
On behalf of the Commission, Chair Dearden recognized all the hard work by those who had served on the Advisory Board.
E. Consent Items:
1. Purchase Orders in the amount of $87,830.51
2. Warrants #249857 - #250065 in the amount of $1,623,433.55
3. New beer license
4. Surplus LSNs 05-080-0006 and 09-077-0009 from the Department of Operations
5. Approval of Extension Requests for 2009 Tax Sale
Commissioner Zogmaister moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.
F. Action Items:
1. Discussion on the Weber River Study
Rob Scott, County Planning Department Director, stated that this was an informational item and he indicated that two Planning Commissioners, Becky Messerly and Doug Hansen, were present. The Western Weber County Township Planning Commission had recently considered a request to adjust the Weber River flood plain maps and concerns arose with the long term viability of the existing levee system and overall flood management. After consideration, the Planning Commission recommended sending a letter to the County Commission asking that they consider conducting a study of the Weber River for both preventative and mitigation measures of flooding in western Weber County. Additionally, they discussed the possibility of establishing an ad hoc committee to oversee such a study to clearly identify the existing flooding conditions of the river, ownership and maintenance responsibilities, funding options for needed improvements, and to establish a process for accomplishing the necessary improvements. Mr. Scott stated that the Planning Commission had voted against moving forward with any map amendments at that time.
County Engineering has been working with County Planning on how to address areas that have been previously flooded but are not currently in a designated floodplain. There have been discussions on amending the existing ordinances to allow for those areas previously flood to be included within the floodplain map.
Curtis Christensen, County Engineer, stated that there have been discussions with FEMA for years about doing additional detail studies in some areas of Weber County where there are only general studies available. After the 3/10/2009 Planning Commission meeting discussions included the Utah Homeland Security office. FEMA had asked for a list of sites that need to be studied, and it appears there is funding available for this year. FEMA was provided with a prioritized list late last year and Mr. Christensen noted that the Weber River site, #8 on the county’s list, was #1 on FEMA’s because of their perceived level of risk due to the embankment/dyke. However, it is not certain that area will be studied. The study would clarify whether that embankment can be considered as a levy, and if not, there may be potential for additional funding to reinforce it so it can be classified as a levy and provide the necessary protection. He stated that the Planning Commission had requested additional studies. He said that there may be an opportunity for FEMA to conduct some of those studies.
Chair Dearden asked what had prompted this item and Mr. Christensen responded that it stemmed from concerns by the county and by FEMA. A Western Weber County Planning Commissioner initially requested that the county prepare maps of its floodplain areas. Commissioner Bischoff said that this area had not been a critical issue and asked why the county was discussing it now, why a study was being discussed of an area that had been flooded at some time in the past–20 to 40 years ago–when mitigation measures had been taken, why FEMA should dictate to the county where the floodplain is, and why couldn’t the county handle this because it has local knowledge. Mr. Christensen said that this area had been an issue, that it was one of the projects on the county’s storm water master plan because protective measures needed to be taken, but was difficult to accomplish due to the exorbitant $1 million cost. Mr. Christensen said that the county had attempted to handle it earlier in the year with the Planning Commission by designating the potential area that could be flooded but the Planning Commission had decided not to adopt that and recommended additional studies be conducted. They had not felt comfortable adopting it in a map format.
Mr. Christensen stated that this area had nearly been breached again a couple of years ago. Commissioner Zogmaister noted that concerns had been brought to her about having the area mapped as floodplain without a study. With the knowledge the county has of this area, she asked if the county could take necessary steps to prevent flooding, without negatively impacting the property owners, and if funding is available could the county obtain it without FEMA’s designation. Mr. Christensen responded that to receive federal funding, they looked at potential areas of flooding by using FEMA maps. Chair Dearden felt that the county should draft its own plan to submit to FEMA and hopefully they would adopt it. Mr. Christensen said that if FEMA designated this area as flood plain that it should not be significantly different than what the county has concerns with. He reiterated his belief that The Planning Commission’s concern was that the area would be mapped, whether by FEMA or the county, and have possible detrimental affects to property values. The commissioners want to further study this issue.
2. Final approval of Silver Bell Estates No. 1, 1st Amendment, Lot 56 (1 Lot)
Sean Wilkinson, County Planning Department, showed area maps. He stated that this subdivision was originally recorded in 1961. In 1990 a legal decision adjusted the boundary line between lots 55 and 56, but the adjustment was done only by deed, but it should have been done by lot line adjustment application or an amended subdivision plat. This error was recently discovered when the owners of lot 56 requested a land use permit to build a shed on their property. In addition, the road which ran along the east boundary of lot 56 that was never built was vacated in 1976 and half of it was given to lot 56. This amended plat will consolidate the vacated portion of the road with the rest of lot 56 as it currently exists. Staff recommended approval of this 1 lot amendment.
Commissioner Bischoff moved to grant final approval of Silver Bell Estates No. 1, 1st Amendment, Lot 56; Commissioner Zogmaister seconded, all voting aye.
3. Contract with Union Pacific Railroad to allow Weber County access to UPRR property to do a “due diligence” survey of the property proposed for sale and to do a Phase 1 Environmental Study to determine whether or not to proceed with the possible acquisition of said parcel - Contract C2009-112
Nate Pierce, County Operations Department Director, stated that this contract was for the acquisition of a parcel (about 3.56 acres) to enable the continuation of the pathways. He noted that the Railroad generally does not sell property but has agreed to do so. Originally, Weber Pathways was going to purchase and own the property, however, the Railroad had indicated that they preferred to dispose of it to a governmental entity. Therefore, the county has agreed to be the entity to take possession of the property, but Weber Pathways will provide the $38,768 to purchase it. Once the agreement is executed, Weber County has 90 days for a feasibility review period. A phase 1 environmental study will be conducted and will be funded by Weber Pathways. Subsequently, the county will review those results to determine whether to acquire this property or if a phase 2 environmental study should be conducted. Commissioner Bischoff asked who would pay if the additional study was required and Mr. Pierce responded that the county would make a determination at that time. Chair Dearden asked if there was a separate agreement with Weber Pathways and Mr. Pierce replied there was not, that Weber Pathways will simply provide the study results to the county. A Release and Quit Claim was included in this contract and will be signed if the Commission proceeds with the acquisition.
Commissioner Zogmaister moved to approve Contract C2009-112 with Union Pacific Railroad to allow Weber County access to UPRR property to do a “due diligence” survey of the property proposed for sale and to do a Phase 1 Environmental Study to determine whether or not to proceed with the possible acquisition of said parcel; Commissioner Bischoff seconded, all voting aye.
4. Contract with Great Basin Antique Machinery to have the Great Basin Antique Machinery display at the 2009 Weber County Fair - Contract C2009-113
Stacey Skeen, Weber County Fair, presented this contract in the amount of $800.
Commissioner Bischoff moved to approve Contract C2009-113 with Great Basin Antique Machinery to allow the Great Basin Antique Machinery display at the 2009 Weber County Fair; Commissioner Zogmaister seconded, all voting aye.
5. Contract with Shaun Poulsen, hypnotist, to perform at the 2009 Weber County Fair - Contract C2009-114
Stacey Skeen, Weber County Fair, presented this contract in the amount of $2,000.
Commissioner Zogmaister moved to approve Contract C2009-114 with Shaun Poulsen, hypnotist, to perform at the 2009 Weber County Fair; Commissioner Bischoff seconded, all voting aye.
6. Contract with Jason Hewlett Entertainment to have Jason Hewlett, musical impressionist, perform at the 2009 Weber County Fair - Contract C2009-115
Stacey Skeen, Weber County Fair, presented this contract in the amount of $5,000.
Commissioner Bischoff moved to approve Contract C2009-115 with Jason Hewlett Entertainment for Jason Hewlett, musical impressionist, to perform at the 2009 Weber County Fair; Commissioner Zogmaister seconded, all voting aye.
7. Approval of RAMP EZ Grant recommendations
Mike Caldwell, County Public Information Officer, presented this list stating that this year there were requests in the amount of $158,000 with only $60,000 available for these grants in the amounts of $2,000 or less. Commissioner Zogmaister noted that there was a good cross-section of types of grants.
Commissioner Bischoff moved to approve the RAMP EZ Grant recommendations; Commissioner Zogmaister seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 19, 2009, 10 a.m.
H. Public Comments: None
I. Request to close the meeting to discuss the character, professional competence, or physical or mental health of an individual
Commissioner Bischoff moved to close the meeting to discuss the character, professional competence, or physical or mental health of an individual; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
J. Appointing the successor to Mark R. DeCaria, Weber County Attorney, to serve the remainder of his unexpired term of office
Chair Dearden noted that Mark DeCaria, former County Attorney, was now a Second District Court judge. The Democratic Party had submitted three names for the vacancy and each candidate was interviewed. The commissioners stated that all three were well qualified.
Commissioner Bischoff moved to appoint Dee Smith to serve the remainder of the County Attorney’s unexpired term of office; Commissioner Zogmaister seconded, all voting aye.
Mr. Smith expressed appreciation for the Commission’s confidence in appointing him as the County Attorney and is looking forward to working in that office. He asked when the appointment would commence and Chair Dearden said he would meet with him after this meeting.
K. Adjourn
Commissioner Bischoff moved to adjourn at 11:18 a.m.; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor