Minutes for 2005-03-29, 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: Kenneth A. Bischoff, Chair, Camille T. Cain and Craig L. Dearden.

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

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Jim Gentry
C. Thought of the Day was offered by Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $1,402,308.34
2. Approval of Warrants #199734 - #199969 in the amount of $1,364,003.60
3. Approval of minutes for the meetings held on March 15, 2005 and March 22, 2005
4. Approval of new Business License Applications
Commissioner Dearden moved to approve the consent items with changes to the March 15, 2005 minutes; Commissioner Cain seconded, all voting aye.

E. Action Items:

1. Request for approval of contract by/between Weber County & Versadex for guestroom block booking for the Versadex Conference

This item was held.

2. Approval of the temporary appointment of Teresa Hunsaker to the Weber County Fair Board due to a recent vacancy. Her term will expire at end of August 2005

Jan Wilson, Weber County Fair, stated that due to Joe Leigh's resignation, the Fair Board recommended Teresa Hunsaker to fill this position until the end of August 2005 when a suitable replacement can be appointed to fulfill the rest of Mr. Leigh's term. Chair Bischoff said that this was a vital position during the Fair that required some expertise with the Exhibit Hall.
Commissioner Cain moved to approve the appointment of Teresa Hunsaker to the Weber County Fair Board and she will fill this position until the end of August 2005; Commissioner Dearden seconded, all voting aye.

3. Approval of contract by/ between Weber County & the State of Utah, Office of the Attorney General, for funding for the Children's Justice Center - Contract C2005-35

David Wilson, Deputy County Attorney, noted that a couple of years ago the county had taken over supervision of the Children's Justice Center (Center) in Weber County. There had been no change related to the funding of the Center, only in the administrative control by Weber County. Mr. Wilson stated that this contract had been reviewed by him, the County Attorney and the County Comptroller.  The term is from July 1, 2004 to June 30, 2005 and Mr. Wilson noted that the delay in funding had been due to the dispute whether Mr. Rod Layton could be involved in the internet crimes against children as part of his duties in directing the Center. The State refused to allow that to happen. Mr. Layton wants to participate but will do so after hours or by taking vacation time if it is during the day. Mr. Wilson indicated that Mark DeCaria, County Attorney, recommended approving this contract.

Commissioner Dearden noted that the Attorney General's Office previously funded and operated the Center. He questioned why the AG's Office was still dictating to the county what it could do with the Center because the county had taken over the Center. Funding was allocated by the legislature through the Attorney General's Office, which simply passed it to the county.
Commissioner Dearden moved to approve Contract C2005-35 by and between Weber County and the State of Utah, Office of the Attorney General, for funding for the Children's Justice Center; Commissioner Cain seconded, all voting aye.

4. Approval of contract by/between Weber County & Blomquist Hale Consulting Group to provide an Employee Assistance Program to the Weber County Sheriff's Office - Contract C2005-36

Captain Brent Haycock, Sheriff's Office, noted that changes had been made reflecting discussion at the February 22, 2005 Commission meeting including that the term will expire on December 31, 2005. The contract includes services for part-time and civilian employees. It will be monitored this year on its efficiency and cost effectiveness. Commissioner Dearden had addressed his concerns with the County Sheriff and his Chief Deputy. He felt comfortable handling it as a pilot program and reevaluating it at the end of the year. David Wilson, Deputy County Attorney, noted that the effective date of the agreement was not specified and the commissioners determined it should be March 1, 2005 to coincide with utilization of the program. Mr. Wilson stated that the contract language would state "This agreement shall become effective beginning March 1, 2005 and will continue through December 31, 2005." He added that the monthly billing was based on 450 employees. The commission is to receive extensive quarterly reports from Blomquist.
Commissioner Cain moved to approve Contract C2005-36 by and between Weber County and Blomquist Hale Consulting Group to provide an Employee Assistance Program to the Weber County Sheriff's Office with the above discussed changes; Commissioner Dearden seconded, all voting aye.

5. Approval of contract by/between Weber County & DENCO Security for alarm monitoring at new Weber-Morgan Health Department Building - Contract C2005-37

Richard Badger, County Operations Department, stated that this contract, bid out by County Purchasing and approved last year by the Commission, had inadvertently been signed by the county on the cancellation line. Subsequent changes had been made to the original contract–Article 6, Limited Liability, was reinstated and Mr. Badger indicated that Chris Allred, Deputy County Attorney, had been part of the related discussions and wanted the Commission to be aware of this. Gary Laird, County Operations Director, had contacted other security monitoring services in the area and they all had a similar clause. Commissioner Cain asked if reinstating Article 6 resolved the County Attorney's Office concern regarding liability and Mr. Badger said that Mr. Allred did not want that provision but all of the security monitoring agreements with other companies had the same thing provision and their insurance companies were requiring it.
Commissioner Dearden moved to approve Contract C2005-37 by and between Weber County and DENCO Security for alarm monitoring at the new Weber-Morgan Health Department Building; Commissioner Cain seconded, all voting aye.

 6. Approval of a contract by and between Weber County and Arts Janitorial for Janitorial Services at the new Weber-Morgan Health Department Building - Contract C2005-38

Richard Badger, County Operations Department, stated that the county had bid out for janitorial services and the low bidder was Arts Janitorial. Their references were checked and were satisfactory. The contract includes a 2-month escape clause because the county has never used their services. The contract becomes effective on occupancy, which date is not yet known. In case of partial month occupancy, a square footage clause can be used. The term goes through January 31, 2007.
Commissioner Cain moved to approve Contract C2005-38 by and between Weber County and Arts Janitorial for Janitorial Services at the new Weber-Morgan Health Department Building; Commissioner Dearden seconded, all voting aye.

7. Final subdivision approval for Lakeside Village Phase 7, consisting of 5 condominium units, including a financial guarantee for improvements in the amount of $10,598.20

Jim Gentry, County Planning Department, stated that the financial guarantee would expire at the end of April 2005 because of the date on the letter of credit. It was signed in 2004 and letters of credit are effective for one year. Chair Bischoff asked if the developers were aware of this and Mr. Gentry replied they were. The Planning Commission unanimously recommended approval of this item. Commissioner Cain asked if the financial guarantee had been released on the previous phase and Mr. Gentry stated he was researching this. He believed they would be able to release what was remaining on phase 5. He will be visiting phase 6 to see what is remaining on it. Commissioner Cain would like a review of the county's releasing process to ensure timeliness.
Commissioner Dearden moved to grant final subdivision approval for Lakeside Village Phase 7, consisting of 5 condominium units, including a financial guarantee for improvements in the amount of $10,598.20; Commissioner Cain seconded, all voting aye.

8. Approval of a $5,605.00 financial guarantee for landscaping for the Eden Car Wash

Jim Gentry, County Planning Department, stated this was for an existing car wash. The property owners had not received permission for occupancy because the landscaping had not been completed. The county has a financial guarantee in the amount of $5,605.00 for completion of that landscaping, and Mr. Gentry requested approval of the Site Plan Development Agreement. Commissioner Cain asked why the financial guarantee had not been obtained at the time of the original approval. Mr. Gentry explained that on site plans the petitioners are allowed to build before obtaining occupancy, but the county secures a financial guarantee. The petitioners have not obtained a business license and the county has been working with them for about two years trying to get this problem corrected. All other items have been completed.
Commissioner Cain moved to approve a financial guarantee in the amount of $5,605.00 for landscaping for the Eden Car Wash; Commissioner Dearden seconded, all voting aye.

9. Final approval of Sheep Creek Cluster Subdivision Phase 2 at 4500 N. 4000 E. for 25 lots, and acceptance of the financial guarantee for $498,382.80

Jim Gentry, County Planning Department, showed an area map. He stated that this financial guarantee included money to complete landscaping in phase 1. Mr. Gentry explained that this project had a couple of different developers who had gone bankrupt and phase 1 had not been completed. The new developer was bonding for the completion of phase 1 as well as phase 2. The Planning Commission unanimously recommended approval of this item.

Commissioner Cain asked about the caveats from the Planning Commission regarding a common drainfield and the Liberty Pipe Line Company. Mr. Gentry indicated that this subdivision had originally been approved with a common drainfield because of the capacity that was available in Powder Mountain Water & Sewer. The State has released additional capacity for Powder Mountain Water & Sewer and these additional 25 units will be connected to the sewer ponds. The County Planning Department has a letter from Powder Mountain Water & Sewer approving the additional connections. Mr. Gentry stated that this developer has entered into an agreement to purchase additional culinary water to irrigate the landscaping. They have a spring with an underground tank that runs until about July and will be using Liberty's culinary water from July to the end of the season. County Planning has a letter from Liberty agreeing to this.
Commissioner Cain moved to grant final approval of the Sheep Creek Cluster Subdivision Phase 2 at 4500 N. 4000 E. for 25 lots, and acceptance of the financial guarantee in the amount of $498,382.80; Commissioner Dearden seconded, all voting aye.

10. Approval of Resolution of County Commissioners of Weber County Giving Notice of its Intention to Establish a Special Service District to Include All of Weber County, to Be Known As the Weber Area Dispatch 911 and Emergency Services District

The Dispatch Board and WACOG had requested that the County Commissioners create a special service district to both fund and govern the operations of a consolidated 911 and Emergency Dispatch service district. There is now a 30-day window for city councils to review this resolution and return it to the County Commission for further action. Mike Mathieu, chair of the Consolidated Dispatch Center, noted that the three 911 centers in Weber County had been consolidated into one entity about five years ago through an interlocal agreement, which has representation from every community within Weber County along with voting rights. However, the parties had entered into the agreement cautiously and can opt out. He pointed out that creating a district committed the participants to a consolidated center long term.

Mr. Mathieu said they determined over the last five years that consolidation had been the right action to take for all communities involved; it was working very effectively and a cost savings. At its inception, they had discussed the possibility of moving the Dispatch Center into a more regional-type organization and were confident now that this should be done. It is logical administratively because residents of one community sometimes use emergency services of another community and the best way to fund this service is not through the interlocal-type of agreement to determine funding allocation but through a district. He said that all participating municipalities had agreed that they would lower their tax rates commensurate with the new fees imposed by the district. Mr. Mathieu noted that the challenge would be to educate residents and this was up to all the city elected officials.

The commissioners agreed with the concept of the proposed district. Commissioner Cain noted that the original expectation had been to create a district because it would stabilize the Dispatch Center. However, she expressed concern with future budget needs and asked what had been the discussion in the event the State withdrew its funding and what efforts had been made to ensure funding for future capital needs. She remarked that creating a district would change the visibility of the funding mechanism, that a tax rate increase would not be welcomed in Weber County, and this matter needed to have full disclosure to the people. Her concern was that it not be taken off the shoulders of the current Dispatch Board and placed on the County Commission as a future problem. Mr. Mathieu said that the Dispatch Board had been drawing from the fund balance (which was reserved for capital, facility issues, etc.) and they needed to replenish it. His concern was what tax rate they would be allowed to set and whether it could be set at the current operating annual budget level. He felt the Board had not grappled with the fact they needed to balance the annual operating budget, they needed to start putting money away for capital equipment and to start planning for phase I and II technology, which challenged the current funding formula.

Commissioner Dearden pointed out that Morgan County would not originally be in this service district, only entities in Weber County. He said that a district would solidify a funding source. He noted that the dispatch center consolidation had been a savings for almost every entity in Weber County.

 Mr. Wilson explained that adopting the resolution started this process. The resolution will be sent to each municipality within Weber County. When the 30 day period expires, the Commission will have a chance to evaluate the municipalities' responses and determine whether to move forward or not with the creation of the district. If the municipalities approve the resolution unanimously or in sufficient numbers that the Commission deems it appropriate to proceed with creation of the district, the Commission may then act to create a district by following the statutory process, which includes holding public hearings. This is separate from the tax issue which the District Board would like to see put on the ballot in November. In the responding resolutions, the municipalities would also be indicating their desire to have the Commission place the tax funding ballot proposition on the November election to allow the registered voters of the county the opportunity to vote the issue.
Commissioner Dearden moved to adopt Resolution 15-2005, a resolution of the Board of County Commissioners of Weber County giving notice of its intention to establish a special service district to include all of Weber County, to be known as the Weber Area Dispatch 911 and Emergency Services District; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

F. Assign Pledge of Allegiance &Thought of the Day for Tuesday, April 5, 2005, 10 a.m.

G. Public Comments:

Ben Toone believed that Weber County was ready for a change to its form of government and would like to see that happen in the 2006 election. He felt there were benefits from Cache County's form of government where each of the seven council members work part time but retain their own full time employment, with the exception of the executive director, which is a full time position. He said they met in the late afternoon when more people could attend. Chair Bischoff noted that this Commission was always been willing to look into better ways to conduct its business. He stated that form of government worked well for Cache County but had proven otherwise in some areas and it gave a lot of power to one person. Weber County Commission has tried changing the days and times of its meetings, going out to the communities, and holding its meetings in the evenings but there has been no public support. Currently, when there is an issue of widespread interest based on telephone calls, emails, attendance at Planning Commissions, etc., the Commission sets the matter for a night meeting.

Commissioner Cain, who has studied this issue extensively, favored five full time commissioners in Weber County. She noted that it was very difficult for county officials to do their job on a part-time basis and added that there were ten elected officials in Weber County who met regularly and who were actively involved in the decisions of county management in their respective offices. Mr. Toone asked the commissioners to put this issue on the ballot and the commissioners committed to revisit the issue.
David Wilson, who asked to speak in the capacity of a private citizen, indicated that few if any changes in the form of government result from a desire to improve government, but are generally a response to some dissatisfaction with a particular person or persons in office. He has studied the issue and the State legislative act passed in response to citizens' initiatives but he did not believe it offered the best process for the study and improvement of county governments. He encouraged a local legislator, Brad Dee, to take a look to see if it could be improved.

J. Adjourn
Commissioner Dearden moved to adjourn the meeting at 11:19 a.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor