Minutes for 2005-11-22, 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, Vice Chair; and Camille T. Cain.
Others Present: Linda G. Lunceford, County Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor's Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Mike Caldwell
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $76,607.68
2. Warrants #207511-#207752 for $899,556.83, less warrant #207577 for $1,710.00, which was held
3. Minutes for the meeting held on November 15, 2005
Commissioner Cain moved to approve the consent items; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Contract with Connex Information Systems Inc. for the provision of certain jail related software services for the Weber County Sheriff's Department - Contract C2005-148

Jerry Cook, Weber County Jail, noted that approximately three years ago legislation had passed that allowed charging inmates for their incarceration. This will help offset some of the incarceration costs at the Weber County Jail of misdemeanants that are adjudicated. Connex has automated a cost effective system that tracks the time inmates spend in jail. The amount to be charged and some other parameters had yet to be determined. The commissioners and Chief Cook noted that this was not intended to make it difficult for those who wished to rehabilitate themselves but on the other hand it was important to make them responsible to society. The contract is renewable after the first year and the cost will be offset by a 12% fee that will be taken out of the actual funds collected from the inmates.
Commissioner Cain moved to approve Contract C2005-148 by and between Connex Information Systems Inc. and Weber County for the provision of certain jail related software services for the Weber County Sheriff's Department; Commissioner Dearden seconded, all voting aye.

2. Request to approve an Ordinance vacating a 50' wide public easement along the Weber River on the property of Emogene Berrett, dba Pappas Brick and Stone

This item was held.

3. Request to approve a Flood Control and River Maintenance Easement Agreement by and between Emogene Berrett, dba Pappas Brick and Stone, and Weber County

This item was held.

4. Resolution and corresponding Interlocal Agreement with the Central Weber Sewer Improvement District relating to composting services - Resolution 40-2005, Contract C2005-149

Gary Laird, Transfer Station Manager, stated that the agreement with Central Weber Sewer District (CWSD) to do composting on their site had been initiated several years ago on an experimental basis. The contract had worked well for both parties. Under this contract, CWSD allows the county to use their property for $1/year. The county also uses their bio-solids at no cost. The county is able to cover all its employee, equipment and operation costs before any profits are shared with the CWSD.

David Wilson, Deputy County Attorney, noted that this contract had been approved in 2004 and today's contract would supersede Contract C2004-119. The term is for 50 years.
Commissioner Dearden moved to adopt Resolution 40-2005 approving Interlocal Agreement C2005-149 by and between Weber County and the Central Weber Sewer Improvement District relating to composting services; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

5. Contract with Ernst and Young LLP to calculate arbitrage rebate on 1995 MBA Lease Revenue Bond Issue - Contract C2005-150

John Bond, Treasurer' Office, noted that in 1995 certain bonds were established relating to establishing the Weber Center, to expand the Fairgrounds, etc. In former times, the lending community helped counties and governments borrow money at very low rates and those governments would then invest it at a higher rate and make money. The IRS felt this was improper and put in safeguards (arbitrage rebate calculations) so that governments would no longer use this as an investment tool. Ernst and Young will review the interest calculation and prepare a report to make sure the county is complying and not making extra income from interest from the bond proceeds. The contract amount is $3,250.00.
Commissioner Cain moved to approve Contract C2005-150 by and between Weber County and Ernst and Young LLP to calculate arbitrage rebate on the 1995 MBA Lease Revenue Bond Issue; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 29, 2005, 6 p.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 10:30 a.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor

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 Camille T. Cain. Craig L. Dearden was excused.

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

A. Welcome - Chair Bischoff

B. Action Item:

1. Acknowledgment of Pledge of Tax Increment Revenues between Ogden City Redevelopment Agency, as pledger, Weber County, and Wells Fargo Bank, NA - Contract C2005-151

David Wilson, Deputy County Attorney, noted that Ogden City had been trying to secure financing for some time for the project at the former Ogden City Mall location across the street from the Weber Center. Ogden City once again believed they had financing arranged.

Mr. Wilson stated that in this process previously the County Commission received a request for an Acknowledgment of Pledge of Tax Increment Revenues (see minutes, 8/23/05). He noted that the document before the Commission today was not the requested document that Ogden City had wanted. Mr. Wilson read Section One, Acknowledgment of Pledge: Weber County acknowledges the pledge of the tax increment revenues to the bank as outlined in the recitals above, and Weber County affirms that it has not received any notice that the Tax Increment Revenues have been pledged to any other person other than the bank. Mr. Wilson noted that when this item came before the Commission previously, it was for the MBA but it had moved to the RDA for financing. Mr. Wilson had met with John Bond, Treasurer's Office, and Margarit Nersisian, Clerk/Auditor's Office. Ms. Nersisian had affirmed that the county had not received notice of any other pledge.

Ogden City had also asked that if its RDA defaulted that the county make RDA payments directly to Wells Fargo Bank, the trustee. Mr. Wilson stated a strong recommendation that the County Commission not do that. It is more prudent for documents to be in place and if Ogden City defaults that a court order direct the county to make the payments directly to the trustee. Mr. Wilson had checked with bond counsel to see if Ogden City's request was standard and was told that it was not. Ms. Nersisian had indicated to Mr. Wilson prior to this meeting that there might be some question as to whether the county had the right lists of redevelopment projects on Exhibits A-1 and A-2 and he asked that if the Commission approved this today that it be subject to confirmation of accuracy between the City and Ms. Nersisian of those designated RDAs. Commissioner Cain asked that when those exhibits were corrected, that the Commission receive a copy. Mr. Wilson and bond counsel felt this process would not hold up Ogden City's process.

Commissioner Cain moved to approve Contract C2005-151, Acknowledgment of Pledge of Tax Increment Revenues between Ogden City Redevelopment Agency, Utah, as Pledger, Weber County, Utah and Wells Fargo Bank, National Association, with confirmation of the accuracy of the exhibits; Chair Bischoff seconded, both voting aye.

C. Public Comments: None

D. Adjourn
Commissioner Cain moved to adjourn at 2:30p.m.; Chair Bischoff seconded, both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor