Minutes for 2005-10-04, 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 Fátima Fernelius
C. Thought of the Day was offered by Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $215,595.01
2. Warrants #206065-#206235 in the amount of $566,190.45
3. Minutes for the meeting held on September 27, 2005
4. Findings and Decision on Zoning Petition #07-2005
5. Approval to surplus items from Information Technology

Commissioner Dearden moved to approve the consent items with one clarification to the minutes; Commissioner Cain seconded, all voting aye.

E. Report on the Ogden/Weber Convention & Visitors Bureau 2nd Trimester Update

Shelliece Stokes, President of the Ogden/Weber Convention & Visitors Bureau (CVB), thanked the Commission for its leadership and direction to the entire county in the tourism area. Ms. Stokes referred to the sales activity comparisons between 2004 and 2005. The CVB was over $69,000 in revenue for the Ogden Eccles Conference Center for the same period last year. The room nights and Golden Spike Event Center revenues had not been as strong. Ms. Stokes gave an overview of the CVB's trade events and sales missions. Commissioner Cain asked if any progress had been made in getting regular transportation during the winter season to the ski areas and Ms. Stokes responded that she had been contacted last Thursday by Snow Basin Resort, which is possibly interested in being a larger partner this year in working with UTA. A meeting is scheduled for this week.

F. Action Items:

1. Contract with Hee Bee Gee BeeZ for a Collectable Toy Show to be held at the Golden Spike Event Center on October 28 & 29, 2005 - Contract C2005-121

Jim Harvey, GSEC, presented this bi-annual contract stating that the event has been taking place at the GSEC for several years.
Commissioner Dearden moved to approve Contract C2005-121 by and between Weber County and Hee Bee Gee BeeZ for a Collectable Toy Show to be held at the Golden Spike Event Center on October 28 & 29, 2005; Commissioner Cain seconded, all voting aye.

 2. Contract by and between Weber County Ice Sheet and Weber State University - D1 & D2 Hockey - for the 2005/2006 Season - Contract C2005-122

Mike Caldwell, Ice Sheet, stated that this was the same contract that had been approved in the past five years. He indicated legal counsel would like to add some clarification language to the contract.
Commissioner Cain moved to approve Contract C2005-122 by and between Weber County and Weber State University - D1 & D2 Hockey - for the 2005/2006 Season with clarification language to be added by legal counsel; Commissioner Dearden seconded, all voting aye.

3. Contract by and between Weber County Ice Sheet and Utah High School Hockey for the 2005/2006 Season - Contract C2005-123

Mike Caldwell, Ice Sheet, presented this contract.
Commissioner Dearden moved to approve Contract C2005-123 by and between Weber County and Utah High School Hockey for the 2005/2006 Season with clarification language to be added by legal counsel; Commissioner Cain seconded, all voting aye.

4. Contract by and between Weber County Ice Sheet and the Wasatch Figure Skating Club for the 2005/2006 Season - Contract C2005-124

Mike Caldwell, Ice Sheet, gave an overview of this standard contract.
Commissioner Cain moved to approve Contract C2005-124 by and between Weber County and the Wasatch Figure Skating Club for the 2005/2006 Season; Commissioner Dearden seconded, all voting aye.

5. Consulting Agreement between Weber County and the Ferguson Group L.L.C. - Contract C2005-125

Commissioner Cain stated that the Ferguson Group represented various governmental agencies throughout the United States in Washington, D.C. to help garner support from Congress for certain projects that counties or cities might undertake. The Commission had been in contact with Ferguson for about two years and had talked with a number of those who had worked with Ferguson. Over the years that Ferguson has been in business, 98% of the contracting agencies have continued their contracts because they find them effective. Ferguson has met with Weber County department heads and reviewed what issues the county might seek federal funding for. Commissioner Cain noted that Weber County only receives a minute portion of the millions of dollars coming into the State. There are a number of pressing issues for Weber County and Ferguson has the expertise at the federal level.
The contract amount is $120,000 per year or $10,000/month payment to Ferguson. Commissioner Cain said that the Commission had considered this contract seriously because they believed Ferguson would be effective in representing the county. She added that under this contract there was no percentage paid of any gain to the county. The contract can be terminated with a 30-day termination notice. Chair Bischoff said that several years ago the county paid about $30,000/year for a State lobbyist and he felt the county could more effectively lobby locally for itself. He stated that the Ferguson Group was well versed in Washington and would represent the county's position on issues. Ferguson had been very successful and retention of clients was very indicative of their accomplishments. Commissioner Dearden felt it was worthwhile to go forward with a trial of this contract.
Commissioner Dearden moved to approve Contract C2005-125, Consulting Agreement between Weber County and the Ferguson Group L.L.C.; Commissioner Cain seconded, all voting aye.

 6. Interlocal Agreement between Weber County and Box Elder County for Surveys and Subdivision Plat Check - Resolution 29-2005, Contract C2005-126

Ernest Rowley, Weber County Surveyor's Office, presented this agreement for surveying services to be provided by Weber County. Mr. Rowley referred to the fee schedule in the contract. Chair Bischoff asked if Weber County could handle this work and Mr. Rowley felt confident it could. Commissioner Cain noted that this contract could be terminated with a 30-day written notice by either party with or without cause.

Commissioner Cain moved to adopt Resolution 29-2005 approving Interlocal Agreement C2005-126 by and between Weber County and Box Elder County for surveys and subdivision plat check; Commissioner Dearden seconded.

Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

7. Agreement between the Administrative Office of the Courts & Weber County Sheriff's Office for security for Juvenile Court - Contract C2005-127

Weber County Sheriff Brad Slater presented this contract stating it was similar to other contract provisions between the Administrative Office of the Courts and Weber County and it helped offset some of the costs of providing security and bailiff services at the Juvenile Court. The Sheriff addressed questions by Commissioner Dearden, including that personnel did not need to be hired to fulfill this obligation. This contract is in the amount of $222,000.
Commissioner Dearden moved to approve Contract C2005-127, Agreement between the Administrative Office of the Courts and the Weber County Sheriff's Office for security for the Juvenile Court; Commissioner Cain seconded, all voting aye.

8. Agreement between Weber County and Intermountain Health Care for Medical Support at the Weber County Jail - Contract C2005-128

Reed Richards, Deputy County Attorney, presented this contract renewal. A number of years ago the county had determined that it would be advantageous to have a doctor come to the jail regularly to provide medical services to the inmates. Currently, Dr. Wood is providing this service and his office also provides a physician's assistant (Richard Russell, PA) who is present when Dr. Wood is not. They provide about 30 hours of medical coverage per week.

Mr. Richards stated that the county's health insurance pool had covered all other risks but not mal practice insurance and each year the county had to contract with a company to obtain it, which became an exorbitant amount. Since Dr. Wood works through IHC at an IHC clinic in his private work, which provides mal practice insurance through the self insurance program, it will cover the time that they take out of the clinic to put in at the jail. This concept was approved last year by the county through a contract with IHC which in turn entered a contract with Dr. Wood to provide the services and it covers them through their mal practice insurance. This contract extends last year's for one year and the cost that the county is paying IHC for renewal is the same that had been contracted several years prior for Dr. Wood's services, thus it saves the county about $40,000-45,000 per year that it would pay in mal practice insurance.
Commissioner Cain moved to approve Contract C2005-128, Agreement between Weber County and Intermountain Health Care for medical support at the Weber County Jail; Commissioner Dearden seconded, all voting aye.

 9. Ordinance of the Board of County Commissioners of Weber County prohibiting daytime loitering of juveniles in public places on school days - Ordinance 2005-12

Reed Richards, Deputy County Attorney, stated that statistics showed that as much as 80% of the crime in Utah was property-type crime, including burglaries, car break-ins, etc., and much of that property crime was committed by juveniles during the day. Research was done on this issue, including review of the ordinance by Bill Evans of the Attorney General's Office who foresaw no problems. Captain Haycock, Weber County Sheriff's Office, stated that most of the problems his office was experiencing was with high schools, that juveniles moved into unincorporated areas. Most cities in the county have daytime curfew ordinances, but because Weber County did not, crime was moving into those areas. Commissioner Cain asked how officers handled issues related to students who were not subject to compulsory education (i.e., work release) and suggested they not assume but look at each situation. Captain Haycock and Mr. Richards said that they had tried to address most of these concerns and the courts required a number of exceptions in the ordinance. They addressed Commissioner Dearden's question regarding citing procedures for non-compliance.

Commissioner Dearden moved to adopt Ordinance 2005-12 amending Title 21, Chapter 9, of the Board of County Commissioners of Weber County prohibiting daytime loitering of juveniles in public places on school days; Commissioner Cain seconded.

Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

10. Decision on the request of the Tree House Museum Board relating to reduced or waiver of rent on the facility located at 455 23rd Street

Commissioner Dearden referred to last week's public hearing on the Treehouse's request to have about $38,000 waived in rent that would allow them to remain at the former Standard Examiner building from now until May 2006 at no charge, other than utilities and normal operational costs. The Treehouse had referred last week to some of improvements they had put into the building and the commissioners had asked for a breakdown of those. Commissioner Dearden referred to the document he held showing improvements totaling $273,000 with about $67,000+ of that in cash; most was in-kind. He compared the amount due to the county of $38,000 to what the Treehouse had put into the building. He added that there was no impact to the county's budget. The commissioners expressed appreciation to the Treehouse Museum for their great impact on many children and noted that they were enhancing downtown Ogden and doing good things for the community.

Commissioner Dearden moved to approve the Treehouse's request to waive rent from the county's real estate closing transaction with Woodbury until the Treehouse moves from the building, estimated to be in May 2006; Commissioner Cain seconded, all voting aye.

11. Final approval of Sheep Creek Cluster Subdivision, Phase 3, 39 lots, including financial guarantees in the amount of $100,592.25 and $385,570.20 for improvements

Kevin Hamilton, County Planning Department, showed an area map and stated that the Planning Commission had unanimously recommended approval of this item. David Wilson, Deputy County Attorney, referred to this latter statement indicating that it had been with three conditions and Mr. Hamilton stated that these had been resolved and one of the financial guarantees was to ensure that the secondary water system would be installed. Mr. Wilson asked if that financial guarantee guaranteed a source of water for that tank. Mr. Hamilton said there had been a discussion with the County Engineers Office, which had determined what it would cost to drill the wells. One had been drilled and the County Engineer felt comfortable the amount of the guarantee would cover the drilling of wells, plus it gave them the opportunity to drill an extra well if needed. This subdivision had come in prior to the former 1-acre minimum approval process.

Commissioner Cain moved to grant final approval of Sheep Creek Cluster Subdivision, Phase 3, consisting of 39 lots, including financial guarantees in the amount of $100,592.25 and $385,570.20 for improvements, assuming the required conditions of the Planning Commission's motion will be met; Commissioner Dearden seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 11, 2005, 10 a.m.

H. Request for a Closed Meeting to discuss pending or reasonably imminent litigation
Commissioner Cain moved to adjourn the public meeting and convene a closed executive session to discuss pending or reasonably imminent litigation; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

No action was taken on the closed executive session.

I. Public Comments:

Meg Nesbitt, on behalf of the Treehouse Board, thanked the commissioners for waiving the rent, which would allow them to put their monies toward the new building.

J. Adjourn
Commissioner Dearden moved to adjourn the meeting at 11:40 a.m.; Commissioner Cain seconded, all voting aye.


Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor