Minutes for 2009-10-20, Direct pdf link.
p> MINUTESOF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 20, 2009 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., 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: Craig L. Dearden, Chair, and Jan M. Zogmaister. Kenneth A. Bischoff 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 - Chair Dearden
B. Pledge of Allegiance - Sean Wilkinson
C. Thought of the Day - Chair Dearden
D. Consent Items:
1. Purchase Orders in the amount of $340,773.69
2. Warrants #255231 - #255399 in the amount of $334,224,70, less #255251 for $50.00 (to be voided)
3. Minutes for the meeting held on October 13, 2009
4. Set public hearing for Tuesday, November 10, 2009, 10 a.m. regarding the vacation of Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 and 44
5. Surplus vehicles from the Department of Operations
Commissioner Zogmaister moved to approve the consent items; Chair Dearden seconded, both voting aye.
E. Action Items:
1. Resolution ratifying the change in the hearing date from October 27, 2009 to November 3, 2009 with regard to sales tax bonds to be used for an animal shelter - Resolution 32-2009
Dan Olsen, County Comptroller, noted that on 10/6/2009 the Commission adopted a parameters resolution in the amount of $3.5 million to issue sales tax bonds for the Animal Shelter. That item required setting and publishing a public hearing; it was set for 10/27/2009. On10/6 the financial advisor suggested that there may be an option to refinance some existing sales tax bonds at the same time. The resolution for the $3.5 million was adopted with the intent of adopting a new parameters resolution the following week, and because of that, the public hearing notice for 10/27 was not published. Subsequently, it was decided not to move forward with that other refinancing but by that time the publication requirements for the 10/27 public hearing could not be met, thus the public hearing was set today for November 3.
Commissioner Zogmaister moved to adopt Resolution 32-2009 ratifying the change in the hearing date from October 27, 2009 to November 3, 2009 with regard to sales tax bonds to be used for an animal shelter; Chair Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Chair Dearden aye
2. Resolution appointing a member to Weber County Library Board - Resolution 33-2009
Commissioner Zogmaister stated that the Library Board recommended appointing Marie Irvine.
Commissioner Zogmaister moved to adopt Resolution 33-2009 appointing Marie Irvine to the Weber County Library Board for a 4-year term expiring 6/30/2013; Chair Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Chair Dearden aye
3. Contract with the Department of Corrections to provide incarceration of State offenders - Contract C2009-170
Weber County Sheriff Brad Slater stated that this contract was to house State inmates at the Weber County jails and it included many additional provisions to the present contract. The number of State inmates has never reached the anticipated number of about 450 inmates, but the contract provides about $600,000 annual revenue. Sheriff Slater stated that he was still waiting for clarification on a couple of items in the standards and definitions, however, they did not necessitate holding the contract. The County Attorney’s Office will work on getting the needed clarification.
Commissioner Zogmaister moved to approve Contract C2009-170 with the Department of Corrections to provide incarceration of State offenders; Chair Dearden seconded, both voting aye.
4. Final approval of Liberty Meadows Subdivision 1st Amendment Lots 3, 4 and 5
Sean Wilkinson, County Planning Division, stated that Liberty Meadows was originally recorded in 1972. Since that time, some changes have occurred within the subdivision, which did not go through the subdivision process, and the current owners desire to make these divisions legal. Although the lots do not meet the area requirement of the AV-3 Zone, the Zoning Ordinance (Chapter 28-13) allows lots that were part of a recorded subdivision, but which have since been further divided, to become legal once again through an amended subdivision plat. Because it is a minor subdivision, it had been approved administratively. The public hearing later in this meeting will vacate the previous lots 3, 4 and 5.
Commissioner Zogmaister moved to grant final approval of Liberty Meadows Subdivision 1st Amendment Lots 3, 4 and 5; Chair Dearden seconded, both voting aye.
5. Approval of Notice of Non-Compliance and Suspension of The Summit at Ski Lake Subdivision, Phase 9
Dennis Richardson, County Engineering, stated that the developer had failed to start improvements even after a 1-year extension. Mr. Richardson had notified the developer of this action.
Commissioner Zogmaister moved to approve Notice of Non-Compliance and Suspension of The Summit at Ski Lake Subdivision, Phase 9; Chair Dearden seconded, both voting aye.
6. Final approval of Steve West Subdivision, 1 Lot, request for a deferral of curb, gutter, and sidewalk and acceptance of a financial guarantee for subdivision improvement agreements in the amount of $29,845
Sean Wilkinson, County Planning Division, stated that the applicant was requesting final approval of this subdivision and that the financial guarantee was mainly for sewer lines and manholes. This subdivision is not within 1 ½ mile radius of a school. This subdivision meets all of the Subdivision and Zoning Ordinances. The Western Weber County Planning Commission unanimously recommended final approval with the deferral of curb, gutter and sidewalk on 7/21/2009 and staff also recommends approval of this subdivision.
Commissioner Zogmaister noted that there was an estimate from an excavating company showing $43,000 and that a portion was marked to be paid by the county. Mr. Wilkinson said that a portion would come from sewer impact fees.
Commissioner Zogmaister moved to grant final approval of Steve West Subdivision, 1 Lot, with the deferral of curb, gutter, and sidewalk and acceptance of a financial guarantee for subdivision improvement agreements in the amount of $29,845; Chair Dearden seconded, both voting aye.
F. Public Hearing:
1. Commissioner Zogmaister moved to adjourn the public meeting and convene the public hearing; Chair Dearden seconded, both voting aye.
2. Public hearing regarding the vacation of Lots 3, 4 and 5 of Liberty Meadows Subdivision
Sean Wilkinson, County Planning Division, noted that earlier in the meeting the Commission had granted final approval of Liberty Meadows Subdivision 1st Amendment Lots 3, 4 and 5 and now the lots being amended needed to be vacated. The Ogden Valley Planning Commission unanimously recommended approval of the vacation on 4/28/2009. Chair Dearden invited public comments and none were offered.
3. Commissioner Zogmaister moved to adjourn the public hearing and reconvene the public meeting; Chair Dearden seconded, both voting aye.
4. Action on public hearing:
F.2. - To vacate Lots 3, 4 and 5 of Liberty Meadows Subdivision - Ordinance 2009-22
Commissioner Zogmaister moved to adopt Ordinance 2009-22 vacating Lots 3, 4 and 5 of Liberty Meadows Subdivision; Chair Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Chair Dearden aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 27, 2009, 10 a.m.
H. Public Comments:
Lynette Penrod, of Plain City, stated that yesterday the Department of Environmental Quality signed the Class IV permit for the proposed C&D landfill at Little Mountain. She said that by the terms of the permit there continues to be no right to violate local zoning, that the permit stated, “The issuance of this permit does not convey any property right other than the rights inherent in this permit, in either real or personal property, or any exclusive privileges other than those inherent in this permit, nor does this permit authorize any injury to private property or any invasion of personal rights nor any infringement of federal, state or local laws or regulations including zoning ordinances.”
Ms. Penrod stated that she and Joan Penrod experienced some bad behavior at the last Western Weber County Planning Commission (Planning Commission) meeting which caused a disinterested third party to come to the podium and shake her finger “with a shame on you” at some of the county employees. She said that the Planning Commission was the body that all the citizens of the unincorporated areas counted on for zoning and it seemed that they are under the misguided belief they cannot talk with the public and every item that someone wants to speak with them about has to go through a Planning Commission meeting, however, that it gave too much importance to their subjective interpretation of the importance of an issue, and if the Planning Commission decided it was not important enough, they acted as a sieve and bottleneck for citizens. She requested the County Attorney’s Office to review the ex parte rules that govern the Planning Commission. David Wilson, Deputy County Attorney, had given her some general idea but apparently there were some differences between legislative actions and adjudicative proceedings and she did not know where to find them. She wanted to know if some alternative could be considered for getting an item on the Planning Commission agenda.
She asked that the commissioners visit the proposed landfill site and investigate if the approval of the manufacturing site plan for the landfill was premature and potentially illegal based on the lack of ownership by the county. The representation by the County Planning Division that the landfill is a permitted use was very specific in Justin Morris’ presentation which said that the use is permitted when the land is owned by the county. Ms. Penrod said that she and others for this issue were trying to act in good faith with the county and would like the county to do the same with them. They would like to shut down inappropriate improvements that continue to be done before ownership by the county. Closed Meeting to discuss strategy relating to imminent or ongoing litigation
Commissioner Zogmaister moved to close the public meeting to discuss strategy relating to imminent or ongoing litigation; Chair Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Chair Dearden aye
No action was taken on the closed executive session.
I. Adjourn
Commissioner Zogmaister moved to adjourn at 11:11 a.m; Chair Dearden seconded, both voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor