Minutes for 2004-06-01, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 1, 2004 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.

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: Commissioner Glen H. Burton and Commissioner Kenneth A. Bischoff. Commissioner Camille T. Cain, Chair, was excused. Vice Chair Burton conducted the meeting.

Others Present: David C. Wilson, Deputy County Attorney; Dan Olsen,Clerk/Auditor's Office. Fátima Blackford, Clerk/Auditor's Office, took minutes.

A. Welcome by Commissioner Burton
B. Pledge of Allegiance was conducted by Patty Burton
C. Thought of the Day was offered by Commissioner Bischoff

D. Consent Items:

1. Ratification of Purchase Orders dated May 25, 2004
2. Approval of Purchase Orders dated June 1, 2004
3. Ratification of Warrants #188560 - #188756 in the amount of $748,715.28 dated May 25, 2004
4. Approval of Warrants #188757 - #189039 in the amount of $850,208.80 dated June 1, 2004
5. Minutes of Regular Commission Meeting held on May 18, 2004
6. Request by the Weber-Morgan Narcotics Strike Force to surplus property
7. Request by the Sheriff's Office to surplus property
8. Amendments to the Weber County Retirement Incentive Policy - Policy 2.5
9. Request to set the date of June 8, 2004 at 10:00 a.m. for a public hearing to add Chapter 40, Ogden Valley Pathways to the Weber County Zoning Ordinance
10. Request to set the date of June 22, 2004 for a public hearing to add a subsection 3 to Chapter 28, Section 28-14, Non-conforming Parcels in Areas Subjected to Change in Zoning
11. Request to set date of June 8, 2004 for a public hearing on Agricultural Protection Area Proposal, LSN 20-015-0004, Marian Fowers Martin, Personal Representative of Viola J. Fowers, Deceased
12. Request to set date of June 22, 2004 at 10:00 a.m. for a public hearing on revisions to Trapper's Ridge Planned Residential Unit Development
13. Ratification of Proclamations presented to Thomas L. Miner and Michael D. Pavich for the Western Big Hat Award

Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, both voting aye.

E. Information Item:

Report on proposed ambulance service for the northwest area of Weber County

Weber Fire District Chief Dave Austin stated that the District had been actively working for some time to improve the ambulance service in the northwestern area of the county–north of 21st Street and west of the city boundaries of Marriott-Slaterville and Farr West, including Marriott-Slaterville, Plain City, Farr West, a small portion of West Haven, as well as the unincorporated areas. New legislation allows Class I and Class II counties to put out a Request For Proposal (RFP) for ambulance service and the District, which is ready to send out an RFP, would like to proceed with the support of all pertinent governmental entities. This will be for emergency response only and will upgrade the level of service from an EMT-B to an EMT-I. The funds for the ambulances will come from savings by the District that has been accumulated over the years. Chief Austin addressed the commissioners' questions. He stated that the District planned to answer its own RFP and if it was successful in the bid, it would purchase three new ambulances, which had been budgeted for.

F. Action Items:

1. Consideration for Adoption of a Resolution of the Board of County Commissioners of Weber County, Utah (The "Issuer") Authorizing a Supplement to an Escrow Deposit Agreement Executed in Connection with the Issuance of its General Obligation Refunding Bonds, Series 2004 and Other Documents Required in Connection Therewith; and Related Matters - Resolution 12-2004

Jim Matsumori, George K. Baum & Company, noted that a couple of months ago the county had successfully refinanced its 1998 General Obligation Bonds, thereby saving the taxpayers over $500,000. Mr. Matsumori explained that this resolution authorized George K. Baum to restructure the escrow in the future when the markets are volatile. George K. Baum devised a technique whereby they can substantially save the county some money if there are wide variations in interest rates, and they can accomplish this at no risk and at no cost to the county.

Commissioner Bischoff moved to adopt Resolution 12-2004 of the Board of County Commissioners of Weber County, Utah (The "Issuer") authorizing a Supplement to an Escrow Deposit Agreement executed in connection with the issuance of its General Obligation Refunding Bonds, Series 2004 and other documents required in connection therewith; and related matters; Commissioner Burton seconded.

Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye

2. Approval of the Placement of Two (2) Conservation Easements on Land Purchased by Ogden City from the Union Pacific Railroad

Pam Kramer stated that the Utah Division of Wildlife Resources had been working with Ogden City for a couple of years to place a conservation easement on 9.2 acres of land that the City was able to acquire from the Union Pacific Railroad. Ms. Kramer said that John Patterson of Ogden City was present to address any questions. This land is in two separate parcels located on the Weber River within Ogden City limits–one is south of 21st Street and the other is north of 31st Street. The Division of Wildlife is interested in placing conservation easements on those parcels to prohibit development in the future but allowing angler access, a public access trail, picnic tables, etc. Part of this process requires that forms be submitted through the Resources Development Coordinating Council, which provides other State agencies an opportunity to comment, as well as to obtain approval from counties.

Commissioner Bischoff moved to approve placement of the two (2) conservation easements on land purchased by Ogden City from the Union Pacific Railroad; Commissioner Burton seconded, both voting aye.

 

3. Contract by and between Weber County and the Administrative Office of the Courts to provide security for the Second District Courts-Ogden - Contract C2004-55

Weber County Sheriff Brad Slater presented the annual contract for perimeter security services with the District Court. It will probably come before the Commission within the next few months with some revisions, but the Sheriff felt comfortable with this contract at this time.

Commissioner Bischoff moved to approve Contract C2004-55 by and between Weber County and the Administrative Office of the Courts to provide security for the Second District Courts-Ogden; Commissioner Burton seconded, both voting aye.

 4. Janitorial Services Contract Extension with Premier Cleaning Services - Contract C2004-56

Richard Badger, County Operations, stated that the present cleaning contract for the Weber Center and the Weber/Morgan Health Department was about to expire. The new Health Complex is under construction and Operations preferred to bid for cleaning services when it is completed. An extension was reached with the present company until December 31, 2004. The price remains the same.

Commissioner Bischoff moved to approve Contract C2004-56, janitorial services contract extension with Premier Cleaning Services; Commissioner Burton seconded, both voting aye.

5. Tax Review Committee Recommendation regarding a request to refund tax paid due to erroneous assessment, LSN 17-062-0011

Douglas Larsen, County Assessor's Office, stated that the Recorder's Office had verified there was an error in the acreage calculation of this parcel. This error had existed since 1998 and the Tax Review Committee recommended refunding the overpayment of tax for five years in the amount of $115.44.
Commissioner Bischoff moved to approve the Tax Review Committee's recommendation to refund tax paid due to erroneous assessment on LSN 17-062-0011; Commissioner Burton seconded, both voting aye.

6. Tax Review Committee Recommendation regarding a request to refund tax paid due to erroneous assessment, LSN 08-040-0034

Douglas Larsen, County Assessor's Office, stated that the square footage of the home had been incorrectly calculated which resulted in an overpayment of about $150 per year. The Tax Review Committee recommended refunding the overpayment of tax for 1999 through 2003 in the amount of $762.51.

Commissioner Bischoff moved to approve the Tax Review Committee's recommendation to refund tax paid due to erroneous assessment on LSN 08-040-0034; Commissioner Burton seconded, both voting aye.

7. Tax Review Committee Recommendation regarding a request to refund tax paid on exempt property, LSN 17-064-0042 and 12-100-0013

Douglas Larsen, County Assessor's Office, stated that both of these parcels were owned by the Weber School District. A coding error in the tax system last year caused LSN 17-064-0042 to become taxable and the School District paid the tax in the amount of $4,191.30. The Tax Review Committee recommended refunding that amount.

Mr. Larsen explained that the School District had purchased LSN 12-100-0013 in March 2003. It was not identified as exempt by the county and the School District paid the taxes from the purchase date forward in the amount of $27,180.70.
Commissioner Bischoff moved to approve the Tax Review Committee's recommendation to refund tax paid on exempt property LSN 17-064-0042 and 12-100-0013 in the amount of $31,372.00; Commissioner Burton seconded, both voting aye.

8. Interlocal Cooperation Agreement by and between Weber County and Davis County for use of Davis' Program Software - Contract C2004-57

Leonard Call, County Information Technology, stated that this agreement was to use Davis County's program software for the emissions and inspection program for the diesel and for the animal shelter. The only charge would be $50 per hour for any programming services, which at this time is not anticipated.

Commissioner Bischoff moved to approve Contract C2004-57, Interlocal Cooperation Agreement by and between Weber County and Davis County for use of Davis County's program software; Commissioner Burton seconded, all voting aye.

9. Contract by/between Weber County & the William Morris Agency, Inc. for "The Fabulous Thunderbirds" to perform at the 2004 Weber County Fair - Contract C2004-58

Jan Wilson, Weber County Fair, gave an overview of this contract, which is in the amount of $12,500.
Commissioner Bischoff moved to approve Contract C2004-58 by and between Weber County and the William Morris Agency, Inc. for "The Fabulous Thunderbirds" to perform at the 2004 Weber County Fair; Commissioner Burton seconded, both voting aye.

10. Contract by and between Weber County and the William Morris Agency, Inc. for "Journey" to perform at the 2004 Weber County Fair -Contract C2004-59

Jan Wilson, Weber County Fair, gave an overview of this contract, which is in the amount of $100,000.
Commissioner Bischoff moved to approve Contract C2004-59 by and between Weber County and the William Morris Agency, Inc. for Journey" to perform at the 2004 Weber County Fair; Commissioner Burton seconded, both voting aye.

11. Independent Contractor Agreement for Demolition Derby to be held June 12, 2004 at the Golden Spike Event Center - Contract C2004-60

Jim Harvey, GSEC, gave a brief overview of this contract, which is in the amount of $3,500.
Commissioner Bischoff moved to approve Contract C2004-60, Independent Contractor Agreement with WSRA Demolition for a demolition derby to be held June 12, 2004 at the Golden Spike Event Center; Commissioner Burton seconded, both voting aye.

12. Contracts by/between Weber County & Travis Baird/Utah State Snowmobile Racing Association, for Summer Series Snowmobile Grass Drags to be held on the following dates:
a. June 5, 2004 - Contract C2004-61
b. July 17, 2004 - Contract C2004-62
c. August 7, 2004 - Contract C2004-63
d. September 25, 2004 - Contract C2004-64
e. October 23, 2004 - Contract C2004-65

Jim Harvey, GSEC, gave a brief overview of this contract, requesting that it be approved subject to review by Chris Allred, Deputy County Attorney.
Commissioner Bischoff moved to approve the following contracts between Weber County and Travis Baird/Utah State Snowmobile Racing Association for Summer Series Snowmobile Grass Drags to be held on the indicated dates and to be subject to review by Chris Allred, Deputy County Attorney: Contract C2004-61 (June 5, 2004), Contract C2004-62 (July 17, 2004), Contract C2004-63 (August 7, 2004), Contract C2004-64 (September 25, 2004), Contract C2004-65 (October 23, 2004); Commissioner Burton seconded, both voting aye.

13. Contract by and between Weber County and Ron Surrage, President/World Championship Cutter & Chariot Racing Association, for the 2005 through 2007 World Chariot Races - Contract C2004-66

Jim Harvey, GSEC, gave a brief overview of this contract.
Commissioner Bischoff moved to approve Contract C2004-66 by and between Weber County and Ron Surrage, President/World Championship Cutter & Chariot Racing Association, for the 2005 through 2007 World Chariot Races; Commissioner Burton seconded, both voting aye.

14. Contract by and between Weber County and Owen Udy, President/Utah State Cutter & Chariot Association, for the 2005, 2006, and 2007 Utah State Chariot Races - Contract C2004-67

Jim Harvey, GSEC, gave a brief overview of this contract.
Commissioner Bischoff moved to approve Contract C2004-67 by and between Weber County and Owen Udy, President/Utah State Cutter & Chariot Association, for the 2005, 2006, and 2007 Utah State Chariot Races; Commissioner Burton seconded, both voting aye.

15. Appointment of three (3) members to the Golden Spike Arena Board of Directors

Jennifer Graham, Recreation Facilities Director, presented the request to reappoint these three board members: Brad Hart, Barry Eldredge and Jim Stavrakakis. She requested that these appointments run through the end of 2008, which was a slightly longer term than the normal four years but which would help them get the board rotations on track.
Commissioner Bischoff moved to reappoint Brad Hart, Barry Eldredge and Jim Stavrakakis to the Golden Spike Arena Board of Directors; Commissioner Burton seconded, both voting aye.

16. Acceptance of Offer to Purchase Right-of-Way from the Utah Department of Transportation for a portion of parcel 07-078-0010

Curtis Christensen, County Engineer, stated that this item and the next one were related. UDOT is acquiring needed right-of-way for widening and construction of Bridge RR-60 over UP&L Penstock Pipe. Weber County has an approximately 12-acre parcel there and UDOT is asking for 3,555 sq. feet of it. The value of that ground was appraised at $1,800, which is UDOT's offer.
Commissioner Bischoff moved to accept the offer to purchase the right-of-way by Utah Department of Transportation in the amount of $1,800 for a portion of parcel 07-078-0010; Commissioner Burton seconded, both voting aye.

17. Contract by and between Weber County and the Utah Department of Transportation to purchase property to widen and construct a Bridge SR-60 over the UP&L Penstock Pipe in Weber County - Contract C2004-68

Curtis Christensen, County Engineer, stated that this was the contract for the property in the above item.
Commissioner Bischoff moved to approve Contract C2004-68 by and between Weber County and the Utah Department of Transportation to purchase property to widen and construct Bridge SR-60 over the UP&L Penstock Pipe in Weber County; Commissioner Burton seconded, both voting aye.

18. Contract by/between Weber County & Utah Department of Community Development to receive Community Development Block Grant funds to sponsor Ogden/Weber Community Action Partnership for acquisition of property - Contract C2004-69

Curtis Christensen, County Engineer, noted that the Commission had agreed to sponsor a Community Development Block Grant (CDBG) for the Ogden/Weber Community Action Partnership (OWCAP). The OWCAP had originally applied for $100,000 in CDBG funds but because they are in Ogden City, an entitlement city, and they serve people within the city, the State reduced their application request. This item is to approve the contract in the amount of $75,000.

Commissioner Bischoff moved to approve Contract C2004-69 by and between Weber County and the Utah Department of Community Development to receive Community Development Block Grant funds to sponsor Ogden/Weber Community Action Partnership for acquisition of property; Commissioner Burton seconded, both voting aye.

19. Contract by and between Weber County and the Utah Department of Community Development to receive Community Development Block Grant Funds for County Parks Campsite ADA Improvements - Contract C2004-70

Curtis Christensen, County Engineer, stated that this contract would allow ADA improvements to the parks. This contract was initially approved as a multi-year project but because of the reduction in the contract in the above item, and also a reduction in Washington Terrace's project, the county is able to better fund this project. The grant is in the amount of $174,622, which fully funds the project.

Commissioner Bischoff moved to approve Contract C2004-70 by and between Weber County and the Utah Department of Community Development to receive Community Development Block Grant funds for County Parks campsite ADA improvements; Commissioner Burton seconded, both voting aye.

20. Consideration and approval of a Change Order for North Ogden Divide Road Safety Improvements -Contract C2004-71

Curtis Christensen, County Engineer, stated that this project was currently under construction. He outlined a few of the items in this change order, which was in the amount of $258,669.10 and which was within the budget. There will be other change orders in the future and there are funds available to complete the remaining anticipated work.

Commissioner Bischoff moved to approve Contract C2004-71, Change Order for North Ogden Divide road safety improvements; Commissioner Burton seconded, both voting aye.

21. Appointment of two members to the Weber County Library Board of Directors

Commissioner Burton stated that the Board had recommended reappointment of Dr. Michael Burdett and Margaret Rostkowski for 4-year terms.
Commissioner Bischoff moved to reappoint Dr. Michael Burdett and Margaret Rostkowski to the Library Board of Directors; Commissioner Burton seconded, both voting aye.

22. Appointment of five members to the Liberty Park Service Area No. 5

Commissioner Burton referred to the request from the Liberty Park Service Area to make appointments. The commissioners and legal counsel lacked certain information related to terms and held this item to next week.

 23. Appeal of Planning Commission decision to deny extension request for Heavens Estates Subdivision

Kevin Hamilton, County Planning Department, stated that this 1-lot subdivision had been originally submitted in 1998, with the owner making an attempt to beat the deadline for the Ogden Valley's 3-acre minimum zoning. Since that time the property owner had been working with the Health Department and the State Division of Waste Water to try to develop some type of waste water system. Mr. Hamilton thought the petitioner had been diligent but had found that a standard system would not work on this property.

An ordinance was adopted about two years allowing only two extensions–the first to be for one year and the second for six months. These extensions have now been used up for this subdivision and the Planning Commission had not wished to set a precedent by granting an extension outside of the ordinance. A public hearing is scheduled for June 22 by the County Commission to allow these types of parcels to subdivide and be exempt from the 3-acre zoning. The petitioner wanted another six months, and in the event that ordinance was not adopted, he would have this summer to make one last effort to try to provide a waste water system for the parcel. He noted that the Subdivision Ordinance allowed the Commission to vary from it but not the Zoning Ordinance. David Wilson, Deputy County Attorney, asked what criteria had been applied for extensions in the past. Mr. Hamilton said the county had approved extensions in similar cases in the past, but he could not cite specifics. He reiterated that this appeal would become a moot point if the ordinance was adopted on June 22 because the petitioner would have the ability to go ahead with the subdivision under the new regulation. The commissioners decided to table this item pending the outcome of the June 22nd meeting.

24. Lease Agreement between Weber County and Weber Human Services for Space in a Building located at 137 27th Street - Contract C2004-72

Gary Laird, County Operations Director, noted that the county was leasing the former Robertson Electric building for warehousing purposes. This is an agreement with Weber Human Services to sublease the front portion of this facility for $500 per month, which will help offset the county's rental costs.

Commissioner Bischoff moved to approve Contract C2004-72, Lease Agreement between Weber County and Weber Human Services for space in a building located at 137 27th Street; Commissioner Burton seconded, both voting aye.

25. Ordinance Amending Title 18, Chapter 2 of the Weber County Ordinances making minor changes to eliminate conflicting provisions in Title 18, Chapter 3 - Ordinance 2004-13

David Wilson, Deputy County Attorney, stated this was a housekeeping item to eliminate conflicting provisions in the recently amended ordinance.

Commissioner Bischoff moved to adopt Ordinance 2004-13 amending Title 18, Chapter 2 of the Weber County Ordinances making minor changes to eliminate conflicting provisions in Title 18, Chapter 3; Commissioner Burton seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye

G. Public Hearing

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

2. Public hearing to consider final approval of Treasure Acres Amended Subdivision Final Plat

Kelly Grier, County Planning Department, stated that Treasure Acres Subdivision (consisting of 18 lots) had been previously recorded and this was final approval for an amended plat. This subdivision is located in the A-1 zone in the northwest corner of 3600 North 3900 West. The purpose of the amended plat is to abandon the shallow wells and buffer zones as shown on the original subdivision. A reservoir and irrigation water storage pond has been added to provide a pressurized secondary water system. All other plans remain the same as in the originally recorded subdivision and all requirements have been met. A Subdivision Improvement Agreement, which includes the construction of the irrigation water storage pond, was recorded and will expire November 5, 2004. The Western Weber County Planning Commission voted unanimously to recommend approval of this final plat. Commissioner Burton invited public comments and none were offered.

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

4. Action on public hearing:
Commissioner Bischoff moved to approve the Treasure Acres amended subdivision final plat; Commissioner Burton seconded, both voting aye.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 8, 2004 at 10 a.m.

I. Public Comments: There were none.

J. Recess:
At 11:25 a.m. Commissioner Bischoff moved to recess until 2:00 p.m.; Commissioner Burton seconded, both voting aye.

K. 2:00 p.m. - Reconvene

A Resolution Authorizing the Issuance & Sale of $9,500,000 Weber County, Utah Tax & Revenue Anticipation Notes, Series 2004, and related matters - Resolution 13-2004

Tye Burgess, Wells Fargo Public Finance, stated that Weber County had entered the market in the morning with $9.5 million in Tax and Revenue Anticipation Notes with George K. Baum & Company acting as the sole underwriter. Mr. Burgess outlined the sources and uses, the debt service schedule, and the pricing summary. These notes were sold at a yield of 1.45% and a coupon of 2.50%.

Commissioner Bischoff moved to adopt Resolution 13-2004 authorizing the issuance and sale of $9,500,000 Weber County, Utah, Tax and Revenue Anticipation Notes, Series 2004, and entering into certain covenants and making certain representations in connection therewith; confirming the sale of said Notes; approving the form of Notes; and related matters; Commissioner Burton seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye

L. Adjourn
Commissioner Bischoff moved to adjourn at 2:13 p.m.; Commissioner Burton seconded, all voting aye.

Camille T. Cain, Chair Linda G. Lunceford, CPO
Weber County Commission Weber County Clerk/Auditor