Minutes for 2005-08-23, Direct pdf link.
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 23, 2005 - 6:00 p.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: Kenneth A. Bischoff, Chair, and Craig L. Dearden. Camille T. Cain was excused.
Others Present: Chris Allred, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; Fátima Blackford, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Shelly Halacy
C. Thought of the Day was offered by Commissioner Dearden
D. Consent Items:
1. Purchase Orders in the amount of $132,998.14
2. Warrants #204610- #204814 in the amount of $862,309.35
3. Minutes for the meeting held on August 16, 2005
4. Acknowledgment of Pledge of Tax Increment Revenues - Contract C2005-104
Commissioner Dearden moved to approve the consent items; Chair Bischoff seconded, both voting aye.
E. Action Items:
1. Resolution providing for an election to be held November 8, 2005 to submit to qualified electors of the Weber Area Dispatch 911 and Emergency Services District (The "District) the question of the levy of a tax to finance the cost of operating Dispatch 911 & Emergency Services within the district; approving the form of & directing the publication of a notice of election & the ballot proposition and other voter information; and related matters - Resolution 24-2005
Mike Mathieu, Ogden City Fire Chief and chair of the Consolidated Dispatch Center, stated that the Dispatch Center had been created in 2004 through interlocal agreements with participating entities throughout Morgan and Weber Counties. As the governing board they oversee the 911 Center in a consolidated environment.
The Dispatch Center operations are funded through contributions from the subscribing entities and fees collected from the 911 telephone tax. A review of the center's operation and funding determined that it was important to continue providing this consolidated environment. The Dispatch Center Governing Board was recommending a tax rate of 0.000387 that would replace the funding sources for many of the subscribing entities within the district recently created. This tax rate would generate about $2.7 million which would replace what the cities are currently paying into the operation and would help fund future plans. There are about $344,000 of non-district subscribing fees (fees being paid by members that would not be participants within the district (i.e., Morgan County, UHP, Weber State University, Adult Parole, Probation). Financial resources will have to be provided to deal with infrastructure needs. The amount of adjustment relating to the non-district subscribers is currently unknown, but in order for the tax rate to be changed in the future, it would have to go back to another vote.
All the entities representing the Governing Board from the cities within Weber County have agreed to decrease their tax rate in correspondence to the amount of dollars with which they currently fund this 911 consolidated operation if the district is approved by the voters.
Commissioner Dearden asked about the Governing Board's membership and Chief Mathieu outlined the voting and non-voting members. Commissioner Dearden noted that every city in Weber County sent a resolution to the Commission supporting the district. Chief Mathieu emphasized that the funding source should be done from a regional status to be fair to participants. This resolution provides for an election to be held and sets the tax rate at 0.000378.
Commissioner Dearden moved to adopt Resolution 24-2005 providing for an election to be held on November 8, 2005 for the purpose of submitting to the qualified electors of the Weber Area Dispatch 911 and Emergency Services District (The "District), Weber County, Utah, the question of the levy of a tax to finance the cost of operating Dispatch 911 and Emergency Services within the district; approving the form of and directing the publication of a notice of election and the ballot proposition and other voter information; and related matters; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye
2. Contract by and between Weber County and Deseret Title Insurance Agency for Dial-up access to the Weber County Tax System - Contract C2005-105
Doug Crofts, County Recorder, presented the standard contract for computer access to the county's abstract system.
Commissioner Dearden moved to approve Contract C2005-105 by and between Weber County and Deseret Title Insurance Agency for dial-up access to the Weber County Tax System; Chair Bischoff seconded, both voting aye.
3. Approval of Amendment #3 to Community Development Block Grant Contract for Your Community Connection Senior Life Program - Contract C2005-106
Dennis Richardson, County Engineering, stated that in 2003 the county sponsored Your Community Connection's Senior Life Program through the CDBG funds program. The YCC had a multi-year contract and this amendment extends that contract through the final year (through 12/31/2006) and provides the additional $30,000 of funds.
Commissioner Dearden moved to approve Contract C2005-106, Amendment #3 to Community Development Block Grant Contract for Your Community Connection Senior Life Program; Chair Bischoff seconded, both voting aye.
F. Public Hearings:
Commissioner Dearden moved to adjourn the public meeting and convene the public hearing; Chair Bischoff seconded, both voting aye. 1.
2. Public Hearing to receive input from any interested person regarding the proposed 2005 final tax rates for Weber County
Margarit Nersisian, Clerk/Auditor's Office, stated that because Weber County operated on a calendar year statute required this second public hearing to finalize the 2005 tax rates. If the county operated on a fiscal year this second public hearing would not be required. The commissioners emphasized that today's hearing was not for a new tax increase.
The tax rates were calculated based on the decision made at the first public hearing held 12/21/2004 when the budget was approved with a tax increase of $3.5 million. The county has been operating as of January 1, 2005 based on this budget. Notice of Valuation comparisons between 2004 and 2005 show about 17.6% increase in the taxes for the Weber County tax portion only, which includes the General Fund, the GO Bond, Library, Health, and Paramedic Funds.
Chair Bischoff invited public comments and following is a summary:
Connie Chandler asked whether the tax increase included the GO Bond Ms. Nersisian said that the total figure did include it but due to refinancing the GO Bond tax rate had decreased. The commissioners and Ms. Nersisian clarified Ms. Chandler's questions regarding her Valuation Notice.
DeVon Nelson said that since the county's portion of the property tax was about 30% this was an increase of about 5% total. He strongly suggested examining other areas for consolidation for cost savings. Mr. Nelson said that this tax increase moved the county from 4th position to 3rd in property tax burden, that Davis County has 50,000 more citizens but 20% fewer county employees, that 26% of property taxes are used to run our county and the State average is 19% with Davis County using 12%, that Weber County spends 47% of the total property tax burden for schools placing the county last in the State, which averages 50%, and that Public Safety in Weber County, according to the county's website, takes 57% of the taxes, with 60% going to the jail, thus the $27 million increase would not even cover the public safety portion. He said that Weber County maintains 250 miles of roads and Davis County 31 miles, however, their roads only take 1.9% of the budget. Chair Bischoff noted that the employees statistic needed to be taken when Davis County opens its new jail. He said that Weber County was always looking for ways to reduce its work force and that there were reasons for the percentage differences between the counties, and that Weber County tries its best to be efficient and careful in spending the county dollars.
Parlena Covington, a school teacher, felt that most that attended the December 2004 meeting hoping to convince the county not to increase taxes found out that they had already decided to do so. She believed that citizens would be better served by spending less on library buildings and maintenance and to spend it on resources, which seemed sparse in the county. She asked when the county was going to stop raising taxes and said that people were fleeing Weber County's high property taxes to build their homes across the county line in Box Elder.
Steven Mittendorf expressed concern with the property tax increase asking if it would become a regular occurrence. He asked the Commission's opinion on the impact of city RDAs on the county. Commissioner Bischoff believed RDAs have an affect on all involved taxing entities and a remedy would be through the legislative process. UAC lobbies for laws to control RDAs.
Margaret Roskowsky stated that building the south branch library was honoring a historic agreement dating back 40 years. The citizens of South Ogden had been paying for services they were not receiving.
Tommy Lee, Principal of Valley Elementary School, located directly across from the Ogden Valley branch library, spoke of the library's great benefit for students.
Jesus Camacho said that he was worried each year about tax increases but when he saw them broken down into needed services he did not mind paying them, and felt the library system was a very beneficial one for everyone.
Frank Cuba said that there were other ways to get more property taxes without charging homeowners, such as bringing more businesses into the community. He expressed great dissatisfaction with the length of time to get a building permit for a small garage and also with the Planning Department's attitude. He said the county was losing money from industry and good paying jobs and that the Industrial Park had been quite empty for some time. He suggested that a survey be sent out to those who had any business with the Planning Department because the answers would be surprising.
Joel Estrada, a teacher, spoke in favor of libraries and felt that people should not complain about a property tax increase when it went to a library.
Chuck Eddy presented a statement from the Utah Taxpayers Association that said Utahns already bear the nation's 13th highest state/local tax burden and the 3rd highest burden when state/local fees are included. He noted that no governmental body owning property paid any taxes, such as School Districts that purchase property and sat on it. He said the county would now be carrying the burden for the 911 Dispatch Center that taxing entities used to pay for. Mr. Eddy asked how the county's taxes were impacted by cities that purchase property and then leased it to businesses with the hopes of increasing the revenue. Ms. Nersisian said those businesses were charged a privilege tax.
Ned Malan stated that OSHA destroyed businesses and took jobs out of the county, that agencies were overtaxing, and there were ways to cut the budgets. He suggested renting or selling the Weber Center building and moving into a more economical building. Chair Bischoff said that the county would continue to look for ways to cut costs.
Patricia York had recently received her Valuation Notice and said that with the tax increase it would cost her $7.50 more per year for the south branch library, which was minimal. She said that a good school district increased the value of her home and if taxes became too expensive that she would have to sell it, she would still have the profit. She expressed appreciation to the Commission.
Dean Stimpson stated that whether there was an annual tax increase or not property taxes increased every year, and that as values were reassessed, values increased but revenues also increased, thus revenues and expenses should keep somewhat in line. Dan Olsen, County Comptroller, stated that the certified tax rate is done by State statute but it takes into account new growth. By law the county is to reassess property every five years. Mr. Stimpson said that when property values increase, homes are sold at a higher price and this needed to be taken into account.
Ms. Johnson said she had two homes in Weber County and one in Davis County. Property taxes for both homes in Weber County increased and the one in Davis County decreased.
Nadia Lashmanova, who teaches computer classes at the Weber County Library, spoke in favor of libraries and the positive difference they make in everyone's lives.
Ms. Perry expressed frustration with tax increases. She said that if the budget had not been finalized in December, then it could be changed and asked why the money was being spent at a rate that was not finalized. Chair Bischoff reiterated that the tax increase was voted on and now it had to be ratified per State statute because the county was not operating on a fiscal year. The last time there was a tax increase was seven years ago. Ms. Perry indicated that the tax was increased by 17% and even if this occurred every seven years at that rate, it would be at 100% in 35 years. She asked if the current libraries were being used sufficiently and efficiently to warrant other libraries and Chair Bischoff said that use increased annually in every library.
Mr. Winegar expressed concern with the tax increase relating to retirees, with public vehicles being used for private use and being taken home, with the county's policy on a building moratorium below 4215 ft.–having to fill those lots, not being able to build for one year, and being taxed as a subdivision. He appealed and the issue was resolved but felt that it should not have occurred. Mr. Winegar stated that every year property values were increased.
Christopher Hadley, stated appreciation for what county government did for him. He reiterated, as had been indicated earlier, that it was somewhat meaningless to even hold this meeting, except that officially the budget would be approved which the county had been operating under for eight months. He did not feel that the voice of the people was truly being heard by the process of holding hearings. He suggested passing legislation to require that every tax increase be put to a vote of the people.
Ms. Nersisian stated that the county did not raise values by 10% but overall values were increased by 3%. She clarified that statute required holding this meeting but it was only to approve the tax rate and not the budget. The commissioners thanked everyone for their attendance.
3.Commissioner Dearden moved to adjourn the public hearing and reconvene the public meeting; Chair Bischoff seconded, both voting aye.
4. Resolution of the Board of County Commissioners of Weber County adopting the Final Tax Rates (Calendar) Year 2005 - Resolution 25-2005
Commissioner Dearden moved to adopt Resolution 25-2005 adopting the 2005 (calendar) year tax rates; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, August 30, 2005, 6:00 p.m.
H. Public Comments: There were none
I. Adjourn
Commissioner Dearden moved to adjourn the meeting at 7:44 p.m.; Chair Bischoff seconded, both voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Linda G. Lunceford, CPO
Weber County Clerk/Auditor
David C. Wilson
Deputy County Attorney