Minutes for 2004-11-02, Direct pdf link.

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: Camille T. Cain, Chair, and Kenneth A. Bischoff. Glen H. Burton was excused.

Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; and Fátima Blackford, Clerk/Auditor's Office, who took minutes.

A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by David Wilson
C. Thought of the Day was offered by Chair Cain

D. Consent Items:
1. Purchase Orders in the amount of $30,847.88
2. Warrants #194402 - #194752 in the amount of $899,145.70
3. Minutes of the regular Commission Meetings held on October 19, 2004 and October 26, 2004
4. New Business License Applications
5. Request to set the date of December 7, 2004 at 6:00 p.m. as a Public Hearing on the 2005 Budget
6 Request by Survey Department to surplus the following: Oce Scanner #4730, H.P. Scanjet 6250 C, 2- Canon BJ 230 printers, Design Jet 600 plotter
7. Request to cancel the November 9, 2004 Commission Meeting
Commissioner Bischoff moved to approve the consent items, holding the October 19, 2004 minutes; Chair Cain seconded, both voting aye.

E. Action Items:

1. Presentation on Weber County Tourism Tax Advisory Board's Recommendations for Use of Tourism Tax Revenues

Kym Buttschardt, Chair of the Weber County Tourism Tax Advisory Board, referred to the written recommendations before the commissioners. She said that the Board's general consensus was that the tourism funds were being used effectively. Ms. Buttschardt said that the Board was finding it difficult to do a standardized return on investment for each entity because each operated so differently. The Board plans to look further into each entity's return this year as well as to make the public aware of the benefit of these entities. She noted that even though the Eccles Conference Center has been showing as an expense every year, when the bond is paid off the community is left with a multi-million dollar capital asset.

Chair Cain asked for further comment on the Ogden/Weber Convention and Visitors Bureau (CVB) item and Shelleice Stokes, member of the Tourism Tax Advisory Board and Executive Director of the CVB Board, stated that the CVB was in its first contracted year with the county to book revenue into the Golden Spike Event Center and the Ogden Eccles Conference Center and that they had attained both of the revenue goals. They still had over 4,000 sleeping rooms to book by the end of the year but were hopeful they could accomplish the task. Chair Cain stated that the Advisory Board played a vital role in the community and in helping the County Commission to allocate the funds. The commissioners expressed thanks for the Board's efforts. No action was taken on this item. 2. Presentation of the 2005 Tentative Budget

Dan Olsen, County Comptroller, highlighted the Weber County 2005 tentative budget. He showed a Summary by Fund of Revenues and other Sources and Expenditures and Other Uses for all funds of the county. Mr. Olsen said that a public hearing was scheduled for December 7, 2004 and the final budget needed to be adopted by December 31. There are some outstanding items–requests by departments that were not funded in this budget–and discussions will continue on those. Mr. Olsen outlined the various ways the budget is available to the public, including on the county's website.

A tax rate increase is being proposed to the General Fund sufficient to generate $4 million in additional property tax revenue. It is estimated that on a $137,000 house there would be about a $43 increase/year. Mr. Olsen noted that the county was facing a lot of pressures on this budget as it had on the last one. There has been a decline of revenues in the Recorder's Office and also in the Jail from State inmates (approximately $400,000 decrease). He indicated that there was growth in property and sales taxes, though not sufficient to overcome the declines in revenues. Also impacting the 2005 budget is the14% health insurance cost increase, the tail end portion of the retirement increase from last year that will affect this budget for the first six months, and workers compensation premiums increased over 20%. Additionally, the county departments have been operating with a no-growth and at the bare minimums for about three years including departments budgets being cut 4% last year, employees were let go, and employee hours were reduced. To continue operating in this manner would significantly impact the services provided to citizens. The budget includes a proposed reduction in the tax rate for the Debt Service Fund in the Paramedic Fund and a 2% cost of living adjustment for employees (the last COLA was in 2001).

A tax increase is also being proposed to the Library tax rate. The Library has been trying for years to get a building in South Ogden and submitted a proposal that would require an increase in property taxes for the Library tax rate that would generate an estimated $1 million in additional revenue to the Library Fund which would fund debt service on a bond to be issued to construct the building and operating costs.

Chair Cain said that this had been an arduous budget process and the Commission wished things were different. The budget is a work in progress and change will continue for the next few weeks. The commissioners would like public input regarding the needs of the community, the level of services expected, and the associated costs. Chair Cain said that Weber County had not had a tax increase in seven years and it had been difficult for the last two years. The initial expectation had been that a tax increase would be needed to cover the operations of public safety in five years and that was seven years ago. Commissioner Bischoff said that the county had built up some fund balance but it was not prudent to dip into it, that the county could either increase taxes or decrease the services it provides. He stated that this Commission had done everything it could do before making this kind of a request.

Connie Chandler asked what the total of the budget was and Mr. Olsen said it was about $94 million for all funds. Ms. Chandler would like the budget total shown on the documentation for the public to see. Chair Cain said that it would not really tell anything about the budget and Ms. Chandler disagreed stating it would tell the public that there was already about an "x" number of dollars in the budget. Chair Cain explained that the proposed increase was only for the General Fund budget, that there were decreases to the Paramedic Fund and to the Debt Service Fund and increases to the Library Fund and to the General Fund. Chair Cain noted that the figures on the slide were the totals for each fund and Ms. Chandler said they were too small to see. She was given a paper copy of the 2005 tentative budget by fund page.
Commissioner Bischoff moved to approve the 2005 Weber County tentative budget; Chair Cain seconded, both voting aye.
 3. Request for approval of contract by/between Weber County & City Creek Construction & Development for ADA Compliant Improvements for County Parks

This item was held.

4. Request for approval of notice to proceed to City Creek and Development on the ADA Compliant Improvements for Weber County Parks

This item was held.

5. Request to defer curb, gutter & side-walk for Howard Subdivision at 150 N. 6700 W.

Kevin Hamilton, County Planning Department, showed area maps. There is a total of 9 lots in this subdivision. He stated that several subdivisions had come before the Planning Commission recently about curb, gutter and sidewalk deferrals and the understanding was that the County Commission would not be granting anymore deferrals in the western part of the county.

This subdivision is located on 6700 W. just north of the canal. There are several homes along 6700 W. that have been there for quite some time, and some north of the subdivision but none north of the canal or west of 6700 W. The Planning Commission recommended granting preliminary approval for this subdivision with curb, gutter and sidewalk in the cul de sac. He said the minutes were silent whether curb, gutter and sidewalk would be required on 6700 W. Planning staff's concern is that if the deferral is granted the owner of lot 9 would have quite an expense in the future to put in curb, gutter and sidewalk across 450+ feet of frontage and if it was deferred in the cul de sac they would also have that expense. Mr. Hamilton said that 6700 W. is getting quite built out and in anticipation of more development in the western part of the county staff recommended requiring these improvements, for the same reason the county has required them recently in other subdivisions–a few years in the future the lot owner is the one who will have to incur those expenses at possibly a much higher cost than it costs today. Commissioner Bischoff asked if there were other deferrals in this area, and, if the improvements were required on this development if it would trigger calling them in for properties that have received deferrals. Mr. Hamilton did not know if there were any deferrals specifically along this road, though he did not believe so. He said that at this time there was no curb and gutter anywhere along that road and that it would not call in other deferrals. Students are bussed to school from this area. This subdivision is well outside the 1 ½ mile radius from the school. Chair Cain asked why other deferrals would not be called in for other lots on 6700 W. if Planning staff was recommending requiring the improvements for this development for the lots facing 6700 W. Mr. Hamilton said there may be one other deferral on 6700 W. and it would be called in but he did not believe there were other deferrals adjacent to this subdivision.

Curtis Christensen, County Engineer, said that Engineering looked at where most of the traffic would be and there were few interior lots in this subdivision. The majority of the traffic will be on 6700 W. John Hansen, the developer, said that there was a ditch on 6700 W. When he met with the Planning Department it had not seemed practical to have sidewalk, curb and gutter along 6700 W., however, Planning staff had recommended that he cover the ditch. Engineering has a program in place that if the developer buys the piping, Engineering will cover the ditch at some time in the future and Mr. Hansen was in favor of this. He and his engineer did not feel it was practical to have a curb and gutter and sidewalk going nowhere. It would be the only curb, gutter and sidewalk on 6700 W. for possibly a long time. Mr. Hansen did not have a problem with putting sidewalk inside the subdivision. Chair Cain noted that sidewalks are put in for safety and that 6700 W. is the major road. Mr. Hansen pointed out that this development was one of the furthest out west. Mr. Hamilton agreed, stating that there wasn't much development out there–there are some subdivisions on 7900 W. but they are south of this one. Staff recommended the improvements now because 6700 W. will be the main road in that area and as new developments come in they could be continued, and the lot owners would not have to incur those costs as opposed to the developer. Mr. Hansen understood that the lot owners could be assessed for the improvements and he preferred putting notice on the plat that this assessment could happen in the future. Mr. Christensen pointed out that with installation of curb and gutter there would be additional maintenance by the County Roads Department and presently there was not a lot of traffic on this road nor much use of any type in the area. He would like the county not to have to pay the possibly large expenses in the future. He strongly recommended, that if a deferral was not put in now, that at least the ditches be piped and fill be brought in up to the appropriate level. Mr. Hansen agreed with the commissioners' motion.
Commissioner Bischoff moved to grant the deferral of curb, gutter and side-walk for Howard Subdivision on 6700 W., approving construction of curb, gutter and sidewalk within the cul de sac, requiring the developer to make clear to the buyers they would possibly be responsible for future installation of curb, gutter and sidewalk, requiring the ditch to be covered with the developer providing the materials, and for the developer to bring in the additional fill for when curb, gutter and sidewalk will be needed; Chair Cain seconded, both voting aye.

6. Request to defer curb, gutter &sidewalk for Benchl& Acres Subdivision, 5751 W. 950 N.

Kevin Hamilton, County Planning Department, stated that the Planning Commission discussed whether to waive the requirement for curb, gutter and sidewalk and their final motion was to recommend approval with a deferral for these improvements. The Planning staff agreed with this recommendation because this is a 1-lot subdivision on an existing street. Additionally, this development is outside the 1 ½ mile radius from the school. Commissioner Bischoff asked if this area was developed and Mr. Hamilton said it was mostly scattered homes.
Commissioner Bischoff moved to grant deferral for curb, gutter and side-walk for Benchland Acres Subdivision at 5751 W. 950 N.; Chair Cain seconded, both voting aye.

7. Request for final subdivision approval of The Highlands at Wolf Creek Phase 4, 18 Lots at 3900 Elk Ridge Trail, including a $535,234.49 financial guarantee for improvements

Kevin Hamilton, County Planning Department, stated that Planning Department staff and the Planning Commission recommended final approval of this subdivision. He asked that Commission approval be subject to the County Attorney's Office doing a final review of the financial guarantee.
Commissioner Bischoff moved to grant final subdivision approval of The Highlands at Wolf Creek Phase 4, consisting of 18 Lots, located at 3900 Elk Ridge Trail, including a financial guarantee in the amount of $535,234.49 for improvements, subject to final review of the financial guarantee by the County Attorney's Office; Chair Cain seconded, both voting aye.

8. Request for re-approval of contract modifications for the North Ogden Divide Project for construction, engineering and inspection services - Contract C2004-128

Curtis Christensen, County Engineering Department, explained that as they proceeded with the project there had been a number of value engineering changes that the contractor had proposed. These changes saved money on the project but there were engineering costs associated with this evaluation and this contract is to reimburse the engineering evaluation in the amount of $11,406. This amount is in the budget. Chair Cain asked how much had been saved by the value engineering and Mr. Christensen believed it was about $40,000-$50,000.
Commissioner Bischoff moved to approve Contract C2004-128 re-approving contract modifications for the North Ogden Divide project for construction, engineering and inspection services; Chair Cain seconded, both voting aye.

9. Request for refund of tax paid due to erroneous assessment on LSN 17-059-0008

Douglas Larsen, Assessor's Office, stated that this parcel had been assessed as having 1.15 acres since 1980 but the actual size is .70 acres, which had been verified by the County Recorder's Office. The property owners requested a refund from the time they had owned the property–approximately 5 years and 10 months. The Tax Review Committee unanimously recommended refunding for tax years 2000 through 2003 in the amount of $147.37. The 2004 assessment has been corrected.

Chair Cain asked how consistent the five years recommendation was with previous cases and Mr. Larsen responded that the 5-year period was based on escaped property statute where the county can go back up to five years and collect an escaped tax, and which includes the current year as year one.
Commissioner Bischoff moved to approve a refund of tax paid due to an erroneous assessment on LSN 17-059-0008 in the amount of $147.37; Chair Cain seconded, both voting aye.

10. Request for approval of an ordinance re-enacting the imposition and collection of Tourism, Recreational, Cultural and Convention Taxes - Ordinance 2004-20

David Wilson, Deputy County Attorney, stated that this was the statutory re-enactment of an ordinance adopted in the past. This is for the calendar 2005 and includes the 1% tax on restaurant sales and also 7% tax on short-term lease of rental vehicles.
Commissioner Bischoff moved to adopt Ordinance 2004-20 re-enacting the imposition and collection of tourism, recreational, cultural and convention taxes for the year 2005; Chair Cain seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Cain aye

11. Request for approval of ordinance re-enacting the imposition and collection of Transient Room Tax - Ordinance 2004-21

David Wilson, Deputy County Attorney, stated that the substance of this re-enactment of the existing transient room tax ordinance remained the same but there were some changes relating to code sections, etc. Any hotel or motel room or similar establishment that is rented for less than 30 days is subject to the tax. Mr. Wilson recommended deleting a section related to a special reserve fund.
Commissioner Bischoff moved to adopt Ordinance 2004-21 re-enacting the imposition and collection of transient room tax with the section deletion as presented; Chair Cain seconded, both voting aye.
Roll Call Vote:
Commissioner Bischoff aye
Chair Cain aye

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 16, 2004 at 6 p.m.

G. Public Comments: None

H. Adjourn
Commissioner Bischoff moved to adjourn at 11:00 a.m.;Chair Cain seconded, both voting aye.

Camille T. Cain
Weber County Commission

Chair Linda G. Lunceford, CPO
Weber County Clerk/Auditor