Minutes for 2005-09-27, 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; Craig L. Dearden; and Camille T. Cain.

Others Present: David C. Wilson, 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 $145,580.10
2. Warrants #205745-#206064 in the amount of $1,274,596.01
3. Minutes for the meeting held on September 20, 2005
4. Surplus items from the Weber-Morgan Health Department
Commissioner Dearden moved to approve the consent items; Commissioner Cain seconded, all voting aye.

E. Action Items:

1. Contract with Utah Youth Rodeo for 9 Youth Rodeos to be held throughout the 2005-2006 Season at Golden Spike Event Center - Contract C2005-120

Jim Harvey, GSEC, presented this item. The county will charge $1 admittance fee per person.
Commissioner Cain moved to approve Contract C2005-120 by and between Weber County and Utah Youth Rodeo for nine youth rodeos to be held throughout the 2005-2006 season at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

2. Request for final approval of Sheep Creek Cluster Subdivision, Phase 3, 39 lots, & financial guarantees in the amounts of $100,592.25 & $385,570.20 for improvements

This item was held.

F. Public Hearing

Commissioner Cain moved to adjourn the public meeting and convene the public hearing; Commissioner Dearden seconded, all voting aye. 1.

2. Public hearing to consider the request of the Treehouse Museum Board of Directors for a waiver of rent or rent reduction for their leased facility at 455 23rd Street

Commissioner Dearden gave an overview of this item stating that during the time the Health Department building was being constructed, the Treehouse was in the former Standard Examiner building under a contract not to pay rent for a period of time because of issues relating to the new Health Department building, which included access. Rent was to become due as soon as the Health Department was completed. David Wilson, Deputy County Attorney, noted that the county had not yet closed on the real estate transaction and at this time had a contractual property interest. The Woodbury Corporation or its subsidiary was still the landlord. Closing is anticipated later this month or early October. The Treehouse will be in the Standard Examiner building beyond the closing. Mr. Wilson addressed Chair Bischoff's questions stating that Woodbury had the retroactive option of addressing the rent issue until the closing, with the county's input.

Sylvia Cobabe, Chair of the Treehouse's Board of Directors, stated that the Treehouse was located in the Ogden City Mall from 1992 until the mall was demolished. Ogden City had been instrumental in helping negotiate a lease for a 2-year rent-free period for the Treehouse when it was anticipated it would be in its new location. Due to different factors, this was delayed, and the Treehouse was moved into the former Standard Examiner building, but the part they were given to occupy had been uninhabitable and the Treehouse had to make repairs, build ADA restrooms, etc., and incurred considerable expenses. Additionally, due to the Health Department's construction, one half of the Standard Examiner building was cleaved and to date this continues to cause the Treehouse a lot of flooding damage in unpredictable areas during rain storms. The Treehouse took out a loan for construction of the new facility. Ms. Cobabe said they did not have money for rent in their operational budget at this time. They would like to continue the fund raising efforts and move into the new location in May 2006.

Lynne Goodwin, Executive Director, noted the challenges and expenses for the Treehouse in the current facility. The Treehouse moved into this building with the agreement to renovate it as part of receiving free rent. They maintain it, pay all utilities (which are $32,000+ per year), maintain the roof, the landscaping (a challenge without waterlines which were severed during construction of the Health Department building), etc. Commissioner Cain asked what was the allocation from the State Legislature towards the new facility and Ms. Goodwin replied they received $400,000 in July 2005. The Treehouse is planning to ask for an additional appropriation during the next session.

Chair Bischoff asked if the Treehouse had been paying rent and Ms. Goodwin said it had not; they had not been notified of the payment commencement date. The Treehouse received a visit from Woodbury and were told they owed rent retroactive to June, but there hadn't been anything in writing about paying rent. Ms. Cobabe said there was a verbal agreement they would not pay rent. Commissioner Dearden said he had a contract on his desk that stated a certain period of time where there would be no rent paid but that they would be required to start paying a certain amount per year thereafter, increasing annually. Ms. Goodwin said that was the original lease for free rent for the first two years and if they stayed longer there would be a set rent. This did not take into account the construction of the Health building and the demolition associated with it and Woodbury had told the Treehouse that since the Standard Examiner building was being cleaved and the inconvenience caused, they would charge no rent. Ms. Goodwin asked the county to negotiate with Woodbury on their behalf to waive the rent for the past few months as part of the closing and that this continue until the Treehouse moves out of the building. The rent is $5,407.50/month ($64,890/year).

Commissioner Dearden said that, Gary Laird, County Operations Director, had reviewed the final financial numbers for the Health Department facility and had determined there was a shortage of about $38,000,which was expected to be repaid by receiving rent from the Treehouse.

Chair Bischoff invited public comments. Donna Burdett, Ogden City Council, said she had been able to contacted all but two city council members yesterday and they supported the Treehouse and desired the City and county to work together to help relieve this situation. Ms. Burdett said that the Treehouse was such an important part of what is hopefully to be the rebuilding of downtown, and, as had been pointed out, there had been many factors against the Treehouse which were beyond their control.  Commissioner Cain noted the reason for this public hearing was that the law restricted the county from general contributions to non-profit corporations and others without holding a public hearing. The public hearing makes the issue a matter of public concern, allows people to speak to it, and offers the commissioners some direction on how to address the request. She asked how secure was the Treehouse's operational budget aside from this issue and Ms. Goodwin said it was really stretched, that they would make it through the end of this year, and hoped there would not be any other major problems with this Standard Examiner building. They felt comfortable, however, with their projected budget for the following year in the new facility and attendance is expected to increase significantly.

3.Commissioner Dearden moved to adjourn the public hearing and reconvene the public meeting; Commissioner Cain seconded, all voting aye.

4. Action on public hearing:

F.2.- Public hearing - waiver of rent/rent reduction for Tree House Museum

Commissioner Cain wished to disclose that she had been asked to serve on the capital campaign committee for the Treehouse, though she had not been able to attend any of the related meetings. Commissioner Bischoff was also on the capital campaign committee and had attend one meeting.

Commissioner Cain wanted to find out certain information such as the total dollar impact to the 2005 and the 2006 county budgets, whether Ogden City would reimburse some of the costs to offset the county's, the community impact, and how this particular non-profit organization was alike or different from others that request money from the county. The volume of children impacted by the Treehouse sets it significantly apart from others because it is an ongoing structure in the community and impacts education as well as tourism. Commissioner Cain noted that the Legislature found the Treehouse worthy of a capital contribution, Ogden City had given the Treehouse the land, and with other entities supporting the Treehouse, it set a standard and gave the county a foundational reason to do what it could to support it. The commissioners expressed that the Treehouse is a real asset to the community.

Dan Olsen, County Comptroller, said that in talking with Mr. Laird he understood there had been two major issues that had taken the county by surprise: 1) Landscaping. The City required more landscaping than the county originally thought. The county budgeted $13,000-$15,000 for landscaping and had spent $107,000 for the whole property. Chair Bischoff asked if it had been a requirement to go that extensive on the landscaping and Mr. Olsen did not know. 2) Building Façade. The original plan to finish the back of the building was to go with a cheaper material because it was to be a temporary use only, however, the City did not give a temporary use permit and required the county to finish for permanent occupancy. Mr. Wilson had spoken with Woodbury and they would not take any further action until a decision is made. This item will be on next week's agenda.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 4, 2005, 10 a.m.

H. Public Comments:

Donna Burdett, Ogden City Council, commented on the landscaping and building requirements mentioned in the public hearing item. She had been on the Planning Commission at the time Woodbury appeared and Woodbury had been told that 10% was required for landscaping, thus she did not understand why more money had been required by the City for extra trees that would not have been in the original approved plan. She did not know where the temporary façade was that Mr. Olsen had referred to and did not understand why there would have been an additional $38,000 required. Commissioner Cain noted the many challenges for the county when it began to negotiate with Woodbury for the Standard Examiner site as a building location for the Health Department.  Mr. Wilson said that the original intent was that when the Treehouse was to be moved to their new facility the Standard Examiner building was to be razed and turned into parking and because this still had not happened, it could be an additional cost facing the county.

I. Adjourn
Commissioner Dearden moved to adjourn the meeting at 10:52 a.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor