Minutes for 2009-07-21, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, July 21, 2009 - 10:00 a.m.
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 and Kenneth A. Bischoff. Craig L. Dearden was excused.

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

A. Welcome - Commissioner Bischoff
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Commissioner Bischoff
D. Consent Items:
1. Purchase Orders in the amount of $1,757,740.15
2. Warrants #252131 - #252351 in the amount of $1,297,671.13
3. Minutes for the meeting held on July 14, 2009
4. Cancel regular Commission Meeting scheduled for July 28, 2009, 10 a.m.
5. Schedule Special Commission Meeting for July 28, 2009, 3:30 p.m.
6. New business licenses
7. Set public hearing for August 11, 2009, 10 a.m., regarding proposed amendments to County Zoning Ordinance, Chapter 2, Zones and Districts
8. Surplus two Dodge Ram 1500s from the Department of Operations
9. Declare Parcel #11-027-0017 as surplus property from the Department of Operations
10. ACH payment to US Bank in the amount of $61,010.72 for purchasing card transactions made through the billing cycle ending July 15, 2009
Commissioner Zogmaister moved to approve the consent items; Commissioner Bischoff seconded, both voting aye.

E. Action Items:

1. Ordinance for fee additions to Weber County Animal Control Services - Ordinance 2009-13

This was the second reading of this ordinance. Sgt. Brandon Toll and Commissioner Bischoff noted a couple of items that needed to be corrected.
Commissioner Zogmaister moved to adopt Ordinance 2009-13 with the corrections; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye

2. Contract with Mike Van Alfen for a demolition derby at 2009 Weber County Fair - Contract C2009-132

Jan Wilson, County Fair, presented this contract in the amount of $2,800.00.
Commissioner Zogmaister moved to approve Contract C2009-132 with Mike Van Alfen for the demolition derby at the 2009 Weber County Fair; Commissioner Bischoff seconded, both voting aye.

 3. Contract with Josh Evertsen for a performance at the 2009 Weber County Fair - Contract C2009-133

Jan Wilson, County Fair, presented this contract in the amount of $1,800.00.
Commissioner Zogmaister moved to approve Contract C2009-133 with Josh Evertsen for a performance at the 2009 Weber County Fair; Commissioner Bischoff seconded, both voting aye.

4. Approval of the 2009 Tax Rates

Alan McEwan, Clerk/Auditor, stated that the county rate was 0.003218 and the county assessing and collecting rate was 0.000200.
Commissioner Zogmaister moved to approve the 2009 tax rates; Commissioner Bischoff seconded, both voting aye.

5. Approve the Weber County Electronic Meeting Policy, superseding and replacing the present policy - Policy 22

David Wilson, Deputy County Attorney, stated that this item replaced the existing policy.
Commissioner Zogmaister moved to approve Policy 22, the Weber County Electronic Meeting Policy, superseding and replacing the present policy; Commissioner Bischoff seconded, both voting aye.

6. Contract with Xerox for a new color copy machine for the Weber County Commission Office - Contract C2009-134

Shelly Halacy, Commission Office, presented the need for a color copier in the Commission Office rather than to use other county departments’ copiers. This will be in part a trade-in and the new copier will cost less per month than the old copier.
Commissioner Zogmaister moved to approve Contract C2009-134 with Wasatch Document Solutions/Xerox for a new color copy machine for the Weber County Commission Office; Commissioner Bischoff seconded, both voting aye.

F. Public hearing:

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

2. Public hearing regarding amendments to the Weber County Zoning Ordinance, Chapter 23 (Supplementary and Qualifying Regulations), Chapter 32 (Signs), Chapter 1 (General Provisions), and numbering changes in several other chapters

Rob Scott, County Planning Division Director, noted that this economic downturn and property development inactivity had given the Planning Division an opportunity to work on much needed ordinance updates.

Sean Wilkinson, County Planning Division, stated that the majority of the proposed amendments were in Chapter 23, which acts as a supplement to each chapter in the Zoning Ordinance by listing regulations in one location rather in every chapter or creating a new chapter for every regulation, thus the Planning Division reviewed the entire Zoning Ordinance to change the numbering associated with Chapter 23 in each of the other chapters. Mr. Wilkinson outlined some of the major amendments which clarify the existing ordinance language, eliminate several sections no longer necessary, and add three new sections, which include “Nightly Rentals,” “Land Use Applications Involving Lots/Parcels with Existing Violations,” and “Solar Energy Systems.”

Chapter 23: Projections Permitted Into Required Setbacks–clarifies that setbacks are measured to the outermost surface of a dwelling’s foundation wall; Fencing Requirements–adds 6 inches to the height that a fence can be on property; a section was added addressing fences for sport courts; Signs Not to Constitute Traffic Hazard–no light/sign/advertising structure shall be erected at the intersection of any street if it obstructs free and clear vision or obstructs the view of or can be confused with any authorized traffic sign or device; large accessory buildings on agricultural parcels larger than 5.25 acres do not have to meet the architectural style/materials of the home if located at least 100 feet off the road; outdoor, temporary, above ground swimming pools 10 feet or less in diameter do not have to meet the regulations of a permanent in-ground pool. Newly added sections: 23-25 clarifies nightly rentals; 23-26–Land Use Applications Involving Lots/Parcels with Existing Violations–no land use application to be approved until all unresolved zoning, business license, nuisance or other violation on related parcel is resolved; 23-27 addresses Solar Energy Systems for individual homes (not for commercial operations).

Mr. Wilkinson stated that Monette Hurtado, Deputy County Attorney, and both Planning Commissions had reviewed ordinance.

Ernest Rowley, County Recorder/Surveyor, referred to former Section 23-2 relating to setbacks and asked if garages, which are not considered habitable structures, were exempt from this setback requirement, if they were attached to the habitable structure. It was noted that “habitable” was not the actual language in the ordinance. Mr. Wilkinson responded that this ordinance only referenced the home but perhaps the language could be changed to specify any structure and the setbacks would be measured to the foundation wall of any structure. David Wilson, Deputy County Attorney, then asked if the county would want that same setback requirement for a swimming pool. Mr. Wilson said that the setback was from the home itself and Mr. Rowley said that a garage may sit in front of the home and the county may want to include in that setback. Mr. Wilkinson read that ordinance language including that “Setbacks are measured from the property line to the outermost surface of a dwelling’s foundation wall.” He explained that in the past some people measured from cantilevers, etc., and this was an effort to clarify the issue. Mr. Wilson asked if the ordinance stated that if the garage was attached it was considered part of the dwelling and Mr. Wilkinson responded it did not. Mr. Wilson recommended also clarifying that language as well as to clarify how above ground temporary swimming pools that are more than 10 feet in diameter are to be regulated. Commissioner Bischoff invited public comments and none were offered.

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

4. Action on public hearing:

F.2.- Amendments to Zoning Ordinance, Chapter 23, Chapter 32, Chapter 1, and numbering changes in several other chapters

No action was taken until the ordinance language has been clarified.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 28, 2009, 3:30 p.m.

H. Public Comments: None

I. Adjourn
Commissioner Zogmaister moved to adjourn at 10:50 a.m.; Commissioner Bischoff seconded, both voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor