Minutes for 2005-07-12, 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: Linda G. Lunceford, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Blackford, Clerk/Auditor's Office, took minutes.

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Margarit Nersisian
C. Thought of the Day was offered by Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $56,171.24
2. Warrants #203241-#203389 in the amount of $585,410.59
3. Minutes for the meeting held on July 5, 2005
4. Surplus these items from Weber County Jail: Frigidaire FWX233res4 Washer, Frigidaire Gallery Dryer
5. Set a Public Hearing for August 16, 2005 at 6 p.m. for the purpose of receiving input from any interested person regarding the vacation of a 50' wide Public Easement along the Weber River on the property of Emogene Berrett, dba Pappas Brick and Stone, as per deeds recorded in Book 1591, page 1961 of the Deed Records of Weber County Utah
Commissioner Cain moved to approve the consent items; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Ratification of agreement between County Library Board & architect Prescott Muir Architects, PC for architectural services for the new South Branch Library - Contract C2005-86

Lynnda Wangsgard, County Library Director, requested ratification of this agreement between the Library Board and Prescott Muir Architects for the South Branch Library project. The Library Board approved this agreement subject to review by the County Attorney's Office and Monette Hurtado, Deputy County Attorney, had completed negotiations with the Architect.

The estimated cost for this 30,000 sq. foot project is approximately $5 million and the fees for the Architect are 6.5% of the total project cost. The program and design will take most of the remainder of this year and construction documents should be ready for bid early next year. This project will be financed over three years. The Architect was the first choice of both the screening committee and the final Library Board selection committee as well as the low bidder on the project. Commissioner Dearden asked about the contract's 7-day written notice for termination and legal counsel noted that this was the standard notice period in the industry, and in the event of a disagreement it is advantageous to be able to terminate billings for work and to move forward.
Commissioner Cain moved to approve Contract C2005-86 ratifying an agreement between the Weber County Library Board and the architect, Prescott Muir Architects, PC, for architectural services for the new South Branch Library; Commissioner Dearden seconded, all voting aye.

2. Final approval of Meibos Ranch Phase 2 Subdivision consisting of one lot, with deferral of curb, gutter and sidewalk, located at 8013 West 900 South, and acceptance of escrow for a fire hydrant in the amount of $3,382.50

Kelly Grier, County Planning Department, showed an area map. All county requirements had been met. Water will be provided by the Warren-West Warren Water District and the subdivision will be served by an approved septic system. The established $3,382.50 escrow account is for the required fire hydrant. There is a letter on file from the school district confirming that this subdivision is within a school bussing area. The Western Weber County Planning Commission unanimously recommended approval of this item.
Commissioner Dearden moved to grant final approval of the Meibos Ranch Phase 2 Subdivision consisting of one (1) lot, with a deferral of curb, gutter and sidewalk, located at 8013 West 900 South, and acceptance of an escrow for a fire hydrant in the amount of $3,382.50; Commissioner Cain seconded, all voting aye.

3. Approval of a contract with Thurgood Enterprises, LLC, for the Weber County Fair Demolition Derby to be held at the Golden Spike Event Center on August 13, 2005 - Contract C2005-87

Stacy Skeen, Weber County Fair, stated that this contract was in the amount of $5,000, not to exceed $6,000 with the additional prize money. Changes to the contract include that the county will now provide straw for wall protection and the cost will be split with Davis County which will use the straw after the Fair for its demolition derby.
Commissioner Cain moved to approve Contract C2005-87 by and between Weber County and Thurgood Enterprises, LLC, for the Weber County Fair Demolition Derby to be held at the Golden Spike Event Center on August 13, 2005; Commissioner Dearden seconded, all voting aye.

4. Approval of a contract with Broken Heart Rodeo Company, LLC, for the Weber County Fair Rodeo to be held at the Golden Spike Event Center on August 10, 2005 Contract C2005-88

Stacy Skeen, Weber County Fair, stated that the county would pay Thurgood $5,400 for the production fee plus $9/run for timed events, not to exceed the budgeted amount.
Commissioner Dearden moved to approve Contract C2005-88 by and between Weber County and Broken Heart Rodeo Company, LLC, for the Weber County Fair Rodeo to be held at the Golden Spike Event Center on August 10, 2005; Commissioner Cain seconded, all voting aye.

5. Approval of Tax Rate Worksheets for Notice of Valuation printing purposes

Margarit Nersisian, Clerk/Auditor's Office, presented the tax rates stating that they were all based upon the county's adopted budget in December 2004 for the year 2005 with the tax increase. The total tax rate was 0.003908.

Commissioner Cain noted that due to recent legislation review, Weber County will now be a donor county rather than a recipient county. The legislation addresses the need to equalize the amount of money across second class counties. The total effect on Weber County will not be realized until after the collection of these funds at which time the county will pay into the State from those collected funds this year (approximately one quarter million dollars). Commissioner Cain reiterated that the Paramedic and the Interest and Sinking Fund levies were reduced, while there was an increase in the General and Library Funds, and there had been efforts not to impact the taxpayers more than necessary.
Commissioner Cain moved to adopt the tax rates as presented for Weber County for Notice of Valuation printing purposes; Commissioner Dearden seconded, all voting aye.

6. Resolution making a minor amendment to the Public Lands Advisory Council Founding Resolution - Resolution 22-2005

David Wilson, Deputy County Attorney, noted that the Public Lands Advisory Council had requested that they not be compelled to meet without sufficient matters to consider. The founding resolution had called for four meetings per year and this amendment allows for two meetings per year with the Council may call other meetings as needed.
Commissioner Dearden moved to adopt Resolution 22-2005 making a minor amendment to the Public Lands Advisory Council Founding Resolution; Commissioner Cain seconded.
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

7. Approval of a New Cell Phone Policy repealing and superseding the present policy

The purpose of this policy is to establish the process by which cell phone allowances are authorized for officers and employees of the county. David Wilson, Deputy County Attorney, indicated that much discussion had been held regarding changing over from county owned cell phones to cell phone allowances to those who demonstrated a real need to conduct county business.

Regarding Section 19.1.5, Cell Phone/PDA/Data Access Combination Allowances, Leonard Call, Information Technology Director, suggested separating the cell phone and the data allowances into two separate policies. The mobile data project is in its development stage and as it grows, a policy can be developed. Regarding Section 19.1.7, Grant Funded Phones and Phone Service, Commissioner Cain asked if it was possible to consider phones that may not necessarily be by grant or contract. She had discussion with the Sheriff about the necessity to maintain certain types of communication with school districts because of the school resource officers. David Wilson, recommended renaming that section to Grants, Contracts and Other Third Party Payments.
Commissioner Cain moved to approval of a new Cell Phone Policy repealing and superseding the present policy with the discussed amendments by legal counsel; Commissioner Dearden seconded, all voting aye.

8. Resolution of the Board of Commissioners of Weber County creating and establishing a Special Service District throughout all of Weber County to be known as the "Weber Area Dispatch 911 &Emergency Services District" - Resolution 23-2005

David Wilson, Deputy County Attorney, noted that at the request of the Dispatch Center and the municipalities of Weber County, on March 29, 2005 the Weber County Commission adopted Resolution 15-2005 indicating the intent to create this district. A certified copy of that resolution went out to every municipality, which, if they approved, would grant the county authority to create the district to include their jurisdictional boundaries. All municipalities returned approving resolutions. Subsequently, the County Commission set a public hearing for June 21, 2005 to receive any input on creation of the district. There were some supporters in attendance but no comments or objections to that. Following a 15-day period to receive written objections, Mr. Wilson had verified that no written objections had been filed with the Commission Office. The Commission can now move forward with the creation of this district and its boundaries will be coterminous with the boundaries of Weber County as previously set forth in the Utah Code and as now recorded in the Lieutenant Governor's Office.

Commissioner Cain referred to Section 5 of the Resolution, Governance, which states that the Utah Special Service District Act provides that no tax may be levied and no bonds of the District which are payable from taxes on taxable property in the District shall be issued without a majority of its electors voting at an election held for that purpose. Mr. Wilson stated that all the municipalities requested in the resolution that the County Commission schedule a ballot initiative for a vote in November. If the ballot initiative is not successful, the municipalities asked that the Commission dissolve the District.

Debbie Meacham, Dispatch Center Executive Director, thanked the Commission for reviewing this issue and said she would appreciate their support in creating the District.
Commissioner Dearden moved to adopt Resolution 23-2005 of the Board of Commissioners of Weber County creating and establishing a Special Service District throughout all of Weber County to be known as the "Weber Area Dispatch 911 and Emergency Services District"; Commissioner Cain seconded.
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

Set Public Hearing to Seek Input on Tax Increase as Approved in December 2004 for the 2005 Budget

Linda Lunceford, County Clerk/Auditor, explained that certified tax rates are based upon actual figures. However, because the following year's county budget is prepared in the previous year when actual numbers are not yet known, State law requires a public hearing to present the actual figures. The certified tax rates, approved in item E.5 above, include the tax increase approved in 2004 for the 2005 budget. Commissioner Cain noted that the State requires that each property owner receive a notice of the exact dollar amount of what their taxes will be as a result of the tax increase. Chair Bischoff clarified that this was not to have a hearing on a new tax increase.
Commissioner Cain moved to set a public hearing date for August 23, 2005 at 6:00 p.m. to seek input on the tax increase as approved in December 2004 for the 2005 budget.; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 26, 2005 at 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Cain moved to adjourn the meeting at 11:00 a.m.; Commissioner Dearden seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor