Minutes for 2009-11-03, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 3, 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, 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 - Shelly Halacy
C. Thought of the Day - Commissioner Zogmaister
D. Presentation of Seal of Service Award to Valerie Lopez of the County Sheriff’s Office
Chair Dearden read the submitted nomination and other letters that spoke of Ms. Lopez’ constant cheerfulness and hard work. Weber County Sheriff Brad Slater noted that Ms. Lopez not only treated the public very well but she also helped other employees have a brighter day. Chair Dearden presented Ms. Lopez with a Seal of Service pin, a plaque and $100 for her dedication.
Presentation of Commissioner’s Cup Charity Golf Tournament proceeds to designated charities-Wolf Creek Foundation/Ogden Rescue Mission & Utah Dept of Veterans Affairs
Commissioner Bischoff stated that this was the 7th annual event, which has raised between $140,000-$150,000 for community charities. Each check presented today was for $9,000. Commissioner Bischoff thanked Wolf Creek Resort for their support in this year’s event. Terry Schow, Utah Department of Veterans Affairs, reported on the Weber County veterans nursing home which will be dedicated this month. He expressed thanks to the community for support of this project–they were able to raise about $300,000.
E. Consent Items:
1. Purchase Orders in the amount of $133,523.29
2. Warrants #255603 - #255943 in the amount of $725,813.42
3. Minutes for the meeting held on October 27, 2009
4. New business licenses
5. Cancel regular Commission Meeting scheduled for November 10, 2009
6. Set the first public hearing for November 17, 2009, 10 a.m., to consider potential projects for which funding may be applied for under CDBG programs 2010
7. Change the public hearing regarding the vacation of Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 and 44 from November 10, 2009 to November 24, 2009
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.
F. Action Items:
1. Resolution appointing a Weber County representative and an alternate representative for the Utah Counties Insurance Pool (UCIP) Annual Membership Meeting - Resolution 35-2009
David Wilson, Deputy County Attorney, stated that the county procures all of its insurance through UCIP. There is a membership meeting annually and this is to appoint a county representative and alternate.
Commissioner Zogmaister moved to adopt Resolution 35-2009 appointing Kenneth A. Bischoff as a Weber County representative and Brad Dee as an alternate representative for the Utah Counties Insurance Pool annual membership meeting; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
2. Consideration of a request for a variance to the County Subdivision Ordinance to allow an additional 1-year time extension of final approval for Trappers Crossing Cluster Subdivision
Sean Wilkinson, County Planning Division, stated that the Ogden Valley Planning Commission had recommended final approval of this subdivision on 10/23/2007. The subdivision received a 1-year extension in October 2008 but due to ongoing litigation (to which the county is also a party), the subdivision will not be recorded by the 10/23/2009 deadline. The applicant submitted a request for another 1-year extension prior to the expiration date, which extends the recording deadline to 10/23/2010. The Weber County Subdivision Ordinance, 26-1-1, allows the County Commission to vary the standards where exceptional conditions exist, after a recommendation from the Planning Commission, which heard the item last week and unanimously recommended granting an additional 1-year extension. The Planning Division staff and the County Attorney’s Office agree that the ongoing litigation is an exceptional condition and also recommend granting the variance. All of the requirements and conditions of approval for the subdivision remain unchanged.
Commissioner Bischoff asked if there was a limit to the number of extensions to be granted and Mr. Wilkinson responded that the County Commission can grant as many extensions as they deem necessary, but each extension request needs to follow the normal procedure.
Commissioner Bischoff moved to grant a variance to the Weber County Subdivision Ordinance to allow an additional one-year time extension of final approval for Trappers Crossing Cluster Subdivision; Commissioner Zogmaister seconded, all voting aye.
3. Final approval of Highlands Bluff Estates Phase 6, 1st Amendment (2 lots)
Sean Wilkinson, County Planning Division, stated that this amendment was to adjust the interior lot lines between lots 50 and 51, creating lots 53 and 54 because a building was too close to a lot line and the structure did not meet the required setbacks. Lots 50 and 51 of Highlands Bluff Estates Phase 6 will be vacated before the recordation of the amended plat (see item G.3.). All property owners within Highlands Bluff Estates Phase 6 were sent notices of the vacation request.
Commissioner Zogmaister moved to grant final approval of Highlands Bluff Estates Phase 6, 1st Amendment (2 lots); Commissioner Bischoff seconded, all voting aye.
4. Final approval of Valley Green Estates 1st Amendment (3 lots)
Sean Wilkinson, County Planning Division, stated that this amendment was to adjust the interior lot lines of lots 10, 11, 12 and 13, removing one lot from the original dedication plat and creating three larger lots. All of the new lots will meet the A-2 Zone requirements.
Lots 10, 11, 12 and 13 of Valley Green Estates Subdivision will be vacated prior to the recordation of the amended plat (see item G.4.). All property owners within the Valley Green Estates Subdivision were sent notices of the vacation request. The Planning Commission unanimously recommended final approval of this item.
Commissioner Bischoff moved to grant final approval of Valley Green Estates 1st Amendment (3 lots); Commissioner Zogmaister seconded, all voting aye.
5. Contract with Spikers/Double D Highschool Rodeo for an event to be held April 1-3, 2010 at the Golden Spike Event Center - Contract C2009-175
Jim Harvey, GSEC, presented this standard contract stating it was being resubmitted today because clarification had been previously needed by legal counsel.
Commissioner Zogmaister moved to approve Contract C2009-175 with Spikers/Double D Highschool Rodeo for an event to be held April 1-3, 2010 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
6. Contract with Acorn Productions for an Antique Show to be held November 7-8, 2009 at the Golden Spike Event Center - Contract C2009-176
Jim Harvey, GSEC, presented this contract.
Commissioner Bischoff moved to approve Contract C2009-176 with Acorn Productions for an antiques show to be held November 7-8, 2009 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all voting aye.
G. Public hearings:
1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Commissioner Zogmaister seconded, all voting aye.
2. Public hearing to receive public input with respect to issuance of Sales Tax Revenue Bonds and the potential economic impact the improvements, facilities and property to be financed with the proceeds of said Bonds will have on the private sector
Dan Olsen, County Comptroller, stated that the Commission adopted a parameters resolution to issue sales tax revenue bonds on 10/6/2009 for the purpose of expanding the Weber County Animal Shelter. The bond issue is anticipated to be for approximately $3 million. The project is between Ogden City, Roy City and the county. Other cities can join and each contractual party will help pay for operations, including the annual debt service on the bonds, and once an entity joins it must remain until the bonds are paid off. It is anticipated that the billings to the cities on a per animal unit will be sufficient to cover those costs.
Standards & Poors has given the county a AAA rating on its sales tax revenue bonds, which is the highest obtainable rating. State law recognizes that there are some projects which governments enter into that compete with the private sector, therefore the public can give input on any economic impact because of the project. Chair Dearden invited public comments and none were offered.
3. Public hearing for vacation of lots 50 & 51 from Highlands Bluff Estates Phase 6
See item F.3. above. Sean Wilkinson, County Planning Division, stated that the amended plat that was just approved would replace these existing lots, and the vacation helps avoid future title errors.
4. Public hearing for the vacation of Lots 10, 11, 12, and 13 from Valley Green Estates
See item F.4. above. Sean Wilkinson, County Planning Division, stated that the amended plat that was just approved would replace these existing lots, and the vacation helps avoid future title errors.
5. Commissioner Zogmaister moved to adjourn the public hearings and reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.
6. Action on public hearings:
G.2.-Public hearing with respect to the issuance of Sales Tax Revenue Bonds
Public comments had been invited during the public hearing and none were received.
G.3.-Vacation of lots 50 & 51 from Highlands Bluff Estates Phase 6 - Ordinance 2009-23
Commissioner Bischoff moved to adopt Ordinance 2009-23 vacating lots 50 and 51 from Highlands Bluff Estates Phase 6; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
G.4.-Vacation of Lots 10, 11, 12 &13 from Valley Green Estates Ordinance 2009-24
Commissioner Zogmaister moved to adopt Ordinance 2009-24 vacating lots 10, 11, 12 and 13 from Valley Green Estates; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 17, 2009, 10 a.m.
I. Public Comments:
Brice Penrod, of Plain City & President of Counterpoint Construction, said that the Penrods were pleased they would have an opportunity to address the County Commission on 11/17/2009 about the taking of their property for the C&D landfill. He said that in the summer of 2008 the only operational C&D landfill in the county ceased operations and the county had said it had to go into the landfill business because private enterprise did not step into that void. He said that at that time, there was a Stated permitted C&D landfill only 1 ½ miles from the old facility which could have been viable if only the County Commission had allowed that private operator the same zoning variance it had given itself.
Mr. Penrod said that the Commission had chosen to ignore the available landfill, what he considered a detriment to the county citizens and other surrounding counties: The citizens of the county had experienced interruption of C&D landfill service for nearly 1 ½ years and this disruption was ongoing; the Commission establishes fees for the county landfill, which are much higher than those which were proposed by the private operator for his facility; the siting of the county C&D landfill is to way out west of the county’s borders and the private landfill was centrally located; users of the county landfill would pay greatly increased transportation costs to use the proposed facility; in entering into the landfill agreement, the county would have to pay $800,000-$900,000 for the property and the base of operations–there would have been no initial cost to the taxpayers had the private operator been allowed to do business; the county would have to guarantee the stability of the landfill long after the closure–the private operator would have provided that guarantee. He asked the commissioners where was the equity of the arrangement when the taxpayers and users of this proposed landfill would bear higher transportation costs, higher tipping fees, higher cost of acquisition and maintenance in perpetuity after the closure and how could they justify the lengthy interruption of the service in light of the increased cost to the citizens. He believed there was still time to correct this and hoped the commissioners or the citizens would do so.
Ernest Rowley, County Recorder/Surveyor, noted that he recently learned that of all of the military people that have served our great nation, which was in the millions, only about 3,200 had received the Congressional Medal of Honor, and for Weber County to have one of those recipients, George Wahlen, who has been so actively involved in the Weber County veterans nursing home and in supporting veterans affairs, was a very rate and great honor for our county and State. He also noted that most of those recipients received that honor posthumously and it was very rare for someone to receive that high honor while living.
Closed Meeting to discuss strategy relating to imminent or ongoing litigation
Commissioner Bischoff moved to close the public meeting to discuss pending or reasonably imminent litigation; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
No action was taken on the closed executive session.
J. Adjourn
Commissioner Bischoff moved to adjourn at 11:24 a.m; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor