Minutes for 2010-02-23, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 23, 2010 - 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: Kenneth A. Bischoff, Chair; Jan M. Zogmaister, and Craig L. Dearden.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Rob Scott
C. Thought of the Day - Chair Bischoff

D. Presentations:

1. Presentation of Patricia Rae Adams as Weber County Mother of the Year 2010

Chair Bischoff read the proclamation that had been presented to Ms. Adams which outlined some of her accomplishments and volunteer work. Ms. Adams briefly described her work with Freedom Riders, Inc., a program for children with physical disabilities, and she showed a collage of pictures of the children. She read a letter expressing thanks to the commissioners for providing the Golden Spike Events Center arena for their program, which has benefitted hundreds of children. On behalf of the Commission, Chair Bischoff congratulated Ms. Adams and thanked her for representing Weber County so well.

2. Presentation of Certificate of Achievement for Excellence in Financial Reporting Award

Jim Welch, of the Utah Government Finance Officers Association, was pleased to present this significant and prestigious award for the Comprehensive Annual Finance Report. He stated that this award is given for those entities that meet the higher standards in government reporting. This award is important in obtaining better bond ratings and low cost financing, which save taxpayers money. He recognized staff from the offices of the Clerk/Auditor and the Treasurer.

Weber County has received this award for 18 consecutive years and is one of only three counties in the State to receive it. Alan McEwan, Clerk/Auditor, stated that this truly reflected the teamwork and prudent fiscal responsibilities of county management. He expressed thanks for the cooperative efforts of those involved in the process.

E. Consent Items:
1. Purchase Orders in the amount of $68,435.86
2. Warrants #259173 - #259453 in the amount of $882,762.25
3. Minutes for the meeting held on February 16, 2010
4. Approve scheduling a second public hearing & notice thereof regarding a requested amendment to Weber County Zoning Map at Powder Mountain Resort (Zoning Petition #18-2006) for 2/16/10, 6 p.m.
5. Retirement Agreement by/between Weber County and Terry Shaw - Contract C2010-32
6. Surplus a Sharp Fax Machine, a Panasonic Fax Machine and an OCE Scanner from the County Recorder/Surveyor’s Office
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

F. Action Items:

1. Final approval of an ordinance adopting a maximum operating capacity and inmate retention guidelines for Weber County Correctional Facilities - Ordinance 2010-2

This item had been discussed on 2/9/2010. Reed Richards, Deputy County Attorney, had made some changes, a couple grammatical but the significant one gives the Sheriff discretion to increase the category of condition of felony probation inmates to reflect possible increases in State funding. This ordinance sets a limit of 115 of these inmates to be housed at the jail and in the event the legislature funds additional inmates, the Sheriff will not have to come before the Commission every time that number needs to be increased. Mr. Richards suggested contacting the State senator and Representative from our county that are members of the executive appropriations committee, which may be helpful with the jail reimbursement issue. Commissioner Zogmaister stated that they are planning to do that later this week.
Commissioner Zogmaister moved to adopt Ordinance 2010-2 of the Commissioners of Weber County adopting a maximum operating capacity and inmate retention guidelines for the county correctional facilities, with the noted changes; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

2. Final approval of Fosters Subdivision (2 lots) & deferral of curb, gutter, & sidewalk

Sean Wilkinson, County Planning Division, stated that the applicant is requesting final approval of this 2-lot subdivision (located in western Weber County, with one existing home) with deferral of curb, gutter and sidewalk. The subdivision is within 1.5 miles of Kanesville Elementary School. The Western Weber Planning Commission unanimously recommended final approval on 1/12/2010 with the curb, gutter and sidewalk deferral. Chair Bischoff noted that in the past, the School District has submitted a letter regarding the deferral and Mr. Wilkinson said that the county received a letter stating that the elementary students are eligible for busing. Commissioner Zogmaister wondered if the school district had changed its policy and Mr. Wilkinson did not believe they had. Commissioner Zogmaister is familiar with the area and has noticed that busing areas have changed in western Weber County.

Chair Bischoff asked that Planning staff contact the School District and see if they will send a letter indicating whether they are in agreement with deferrals and Mr. Wilkinson responded that they would talk with the District. Commissioner Zogmaister noted that when the schools’ funding changes so does the area to which they bus students, and she knew that these students are within an area that in the past was not bused. She wanted the School District to make a firm decision on when they will bus because the Commission has a responsibility to hold the developer accountable for curb, gutter and sidewalk. If these improvements are not put in at the time a development is built, and the District changes its policy, parents come to the municipalities wanting the curb, gutter and sidewalk and those costs then fall to the municipalities. Having the District make a concrete decision will aide the Commission in making their decisions on these issues. Chair Bischoff would like to have a copy of the School District’s policy and have them weigh in on each case.
Commissioner Dearden moved to grant final approval of Fosters Subdivision (2 lots), with a deferral of curb, gutter, and sidewalk; Commissioner Zogmaister seconded, based on the recommendation of the Planning Commission. All voted aye.

 3. action on the consideration of a C&D Landfill Impact Fee Reduction

Curtis Christensen, County Engineer, stated that the Commission adopted an impact fee ordinance a couple of years ago that addresses wastewater, trails, roads and stormwater. The stormwater impact fees essentially address how much additional water will be discharged from a site. This particular site has a large area but very little hard surface and there are also detention basins being constructed which exceed the minimum requirements and are designed for long term detention of 24-hour/25 year stormwater.

County Engineering received a request to reduce the stormwater impact fee and subsequently reviewed the area that is hard surface, recalculated it to 0.87 acres and suggested that the stormwater impact fee be based on the 0.87 acres rather than the total 116 acres of the site. Mr. Christensen was not recommending any changes to other impact fees that would normally be assessed for this site. Chair Bischoff noted that this was the normal process for any project, that it was based on how much hard surface there is and other existing conditions and Mr. Christensen stated that was correct, that the ordinance was very specific that if the original analysis did not apply to a particular site, that people can request a review and a reduction of those fees. He said that the county has done this on other sites that had very large undeveloped/unsurfaced areas.

Commissioner Zogmaister asked what would qualify for an impact fee for trails and Craig Browne, of County Building Inspection, stated that there is an impact fee for western Weber County and it only applies to residential properties.
Commissioner Zogmaister moved to grant the Weber County C&D Landfill impact fee reduction; Commissioner Dearden seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 2, 2010, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 10:31 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission Alan D. McEwan, CPA
Weber County Clerk/Auditor