Minutes for 2005-12-27, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 27, 2005 - 5:30 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; Craig L. Dearden, Vice Chair; and Camille T. Cain.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Scott Mendoza
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $36,578.48
2. Warrants #208676 - #208891 in the amount of $1,183,983.72
3. Minutes for the meetings held on December 13, 2005 and December 20, 2005
4. RAMP Policies, Procedures, Documents as presented at December 20, 2005 Commission Meeting
5. Beer Licenses for 2006
6. New Business Licences
7. Surplus items from Golden Spike Event Center: popcorn popper, cotton candy machine, 6 chip
warmers, 6 nacho cheese warmers
Commissioner Cain moved to approve the consent items; Commissioner Dearden seconded, all
voting aye.

E. Action Items:

1. Contract with Blomquist Hale Consulting Group for Consultation and
Counseling Services for the Weber County Sheriff’s Office Employees and their
families - Contract C2005-157

Weber County Sheriff Brad Slater presented this contract for renewal. This service started in
March 2005 and has been useful in providing assistance to those employees who may be
experiencing some type of crisis or in providing expertise during the disciplinary process. The
contract is for $3.20/employee/month. In response to Chair Bischoff’s question on the value of
this contract Sheriff Slater stated that it had a greater potential to reach a larger number of
employees and was more cost effective than using a private provider, as had been done the past.
Commissioner Cain moved to approve Contract C2005-157 by and between Weber County and
Blomquist Hale Consulting Group for Consultation and Counseling Services for the Weber
County Sheriff’s Office employees and their families; Commissioner Dearden seconded, all voting
aye.

 

2. Change Orders for Weber Morgan Health Department for final reconciliation
of costs for Woodbury Corporation - Contract C2005-158

Gary Laird, Transfer Station Manager, presented two change orders representing the final invoices
for the new Health Department. One change order was in the amount of $249,735.85 for the new
Health Department building and the other was for the Weber Center land purchase for the east
parking area for $19,21.09. Commissioner Dearden thanked Mr. Laird for his efforts on this item.
Commissioner Cain moved to approve Contract C2005-158, Change Orders for Weber Morgan
Health Department for final reconciliation of costs for Woodbury Corporation; Commissioner
seconded, all voting aye.

3. Resolution adopting the Recreation Element of the Ogden Valley General Plan -
Resolution 44-2005

Chair Bischoff noted that the public hearing on this item had been held two weeks ago and no
action had been taken to allow for additional public input. Only one comment was received by the
Commission in that period and it was simply a question that had been easily addressed.
Commissioner Dearden moved to adopt Resolution 44-2005 adopting the Recreation Element of
the Ogden Valley General Plan, understanding that there had been no further comments after the
public hearing; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



4. Final approval of Pack Brothers Subdivision at 2265 N. Highway 158 in the Eden
area, consisting of 2 lots and will be a re-subdivision of 2 existing lots within a
previously dedicated subdivision recorded as Nash Subdivision No. 1 (1/17/1990)

Scott Mendoza, County Planning Department, showed area maps, noting that this subdivision was
located about 1200 ft. south of the Diamond Peak Ski Shop. The petitioner wished to reconfigure
the common original lot line and to adjust the original southwesterly subdivision boundary in order
to take in more overall acreage. This results in each lot containing over 5 1/4 acres. Mr. Mendoza
responded to the commissioners’ questions stating that all issues had been addressed on this item.
Commissioner Cain moved to grant final approval of the Pack Brothers Subdivision located at
approximately 2265 North Highway 158 in the Eden area, consisting of 2 lots (a re-subdivision
of 2 existing lots within a previously dedicated subdivision recorded as Nash Subdivision No. 1);
Commissioner Dearden seconded, all voting aye.

5. Financial guarantee for improvements at the intersection of S.R. 158 and Moose
Hollow Drive in the amount of $146,325.00

Sean Wilkinson, County Planning Department, stated that this financial guarantee was for road
improvements (including road widening, new turning lanes, curb, gutter and sidewalk installation)
at the intersection of S.R. 158 (Wolf Creek Drive) and Moose Hollow Drive. It replaces an earlier
financial guarantee dated February 18, 1999. New plans had been submitted for this intersection.
Commissioner Cain asked what was UDOT’s position on this issue and Mr. Wilkinson said that
UDOT was still reviewing the plans which were also with County Engineering and Gardner
Engineering. Mr. Wilkinson said that the financial guarantee could be approved now and if UDOT
required additional work, the item would come back for adjustment.
Commissioner Dearden moved to accept the financial guarantee for improvements at the
intersection of S.R. 158 and Moose Hollow Drive in the amount of $146,325.00; Commissioner
Cain seconded, all voting aye.

 

6. Final approval of the Cascades at Moose Hollow Condominium Phase 6 at
approximately 5175 E. 3650 N., and acceptance of a $120,368.60 financial guarantee

Sean Wilkinson, County Planning Department, stated that the Planning Commission had
unanimously recommended approval of this last phase. In response to Commissioner Dearden’s
question, Mr. Wilkinson replied that all the concerns had been addressed.
Commissioner Dearden moved to grant final approval of the Cascades at Moose Hollow
Condominium Phase 6 located at approximately 5175 E. 3650 N. and to accept a financial
guarantee for the amount of $120,368.60; Commissioner Cain seconded, all voting aye.

 

 7. Appointment of Commission Chair and Vice Chair for 2006

Commissioner Cain stated that the Weber County commissioners opted to take turns as chair of
this Board. There are some additional opportunities for speaking engagements, committee
involvement, etc. for the chair. She thanked Chair Bischoff his leadership this past year. Chair
Bischoff said it had been an honor to serve and it was a privilege to work with these
commissioners who took their responsibility seriously.
Commissioner Cain moved to appoint Commissioner Dearden as Commission Chair effective
January 1, 2006; Chair Bischoff seconded, all voting aye.

Commissioner Dearden moved to appoint Commissioner Cain as Vice Chair effective January 1,
2006; Chair Bischoff seconded, all voting aye.

F. Public Hearing:

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

2. Public hearing to receive input from any interested person regarding the tax rate
assessment of the Weber Area 911 and Emergency Services District

Mike Mathieu, Chair of the current Governing Board for the Consolidated Dispatch Center, stated
that the consolidation of the three Weber County 911 Centers occurred in 2000. Through that
interlocal agreement, all cities, county, and other subscribers outside of that newly created Center
paid fees for its operation. However, it had always been felt that the creation of a special district
would best handle this service because there were many inequities in the funding formula. Mr.
Mathieu explained that 1/3 of the operation of this Center came from the 911 surcharge that is on
monthly telephone bills. The other 2/3 came from user fees from various entities that paid toward
the operation of the Center.

2002 legislation allowed creating a district. In November 2005 the issue to fund the district in part
through a tax was placed on the ballot and passed by about 58% throughout the county. However,
the Center was midway in its fiscal year budget, under which it is currently operating. At the end
of this year that governing board will cease and those governing responsibilities transfer to the
County Commission. Mr. Mathieu stated that the purpose of this item was to present a budget
(because they had to transfer from being a fiscal year budget operation to a calendar year budget
beginning January 1, 2006), and a subsequent tax rate to fund that budget. He noted that the
funding from municipalities and the county will cease to come from the General Fund operations
due to creation of this special service district beginning January 1, and all cities had adopted a
resolution to lower their tax rate in correspondence with those funds that had been collected
previously. Agreements with those outside of the district (State of Utah, Morgan County, and
others) will continue. David Wilson, Deputy County Attorney, stated that the maximum tax rate
had been set and the district could not go above the rate voted on without another vote.

Mr. Mathieu presented the Governing Board’s recommended budget changes regarding some of
the fees and charges they believed should be appropriately funded through the district. He showed
a comparison of the current fiscal year budget of 2005/2006 ($3,680,737) with the 2006 calendar
budget ($4,368,456). The most notable changes to expenditures were in salaries/benefits, training
and travel, equipment maintenance, telephone, contracted services, and a depreciation line.
Regarding revenues, Mr. Mathieu noted that currently there was a lot of discussion by the State
(which was paying $200,000+ of the $344,000+ user fees) about what rate they should pay. Mr.
Mathieu expressed concern because it could decrease the district’s revenue starting July 2006. The
State contracts with five counties for 911 services and Weber County currently is receiving the
most money for providing those services from its center to their highway patrol officers in the
county.
Mr. Mathieu said that the voters approved a tax rate of up to 0.000387 but the rate proposed was
0.000331, which met their basic needs. Commissioner Dearden asked if the district had been so
prudent that they would have to come back next year for adjustments. Mr. Mathieu hoped there
would not be any changes for a couple years, however, there were a couple of elements that they
could not define at this point such as the lease rate that the district contract will have with Ogden
City. Commissioner Cain believed other areas for potential changes included the fee structure for
those outside the district, and a salary study was needed for the employees. She preferred not
setting the tax rate at the top and having that money sit in a fund balance, but to set it at a point that
could be lived with for a couple of years. Mr. Mathieu said that the Governing Board had tried to
be prudent, recognizing that this was a transition year. The district is also looking at converting
other portions of the operation (i.e., the records management system).

Chair Bischoff invited public comments and following is a summary:
Connie Chandler asked whose meals the district was buying and who was being entertained for the
$5,970. She objected that taxpayer dollars were buying meals. She had worked for the federal
government for 30 years and it did not purchase them for employees. Commissioner Cain said that
meals and entertainment included board meetings, business lunches, staff group meetings,
supervisor and dispatcher annual seminars, and center special events. Ms. Chandler asked why
$140,000 had been used for the value of a residence. Dan Olsen, comptroller, stated the $140,00
was the value the State Tax Commission required when the Truth in Taxation notice was
published; it was considered the average value of a home in the county. Ms. Chandler said that
there were a lot of houses in the county that were not worth even half that amount.

Ned Malan, of North Ogden, would like the Commission to have prayer in its meetings. He
concurred with Ms. Chandler that meals and entertainment should not be purchased for employees.
He asked if there would be a tax increase and Chair Bischoff replied that the tax he had been
paying in his city should be reduced to offset the tax that would be levied in this district, if there
was a difference, it should be minimal. Mr. Malan felt the budget could be cut further, and asked
that the Commission be particularly aware of the impact to senior citizens.

Leonard Call, who has served on the Governing Board since its inception as treasurer, clarified that
the Board had only discussed whether the County Commission wanted to hold Truth in Taxation
hearings or whether the maximum tax rate should be enacted. The cities had been paying
$300,000 for the RMS system and at WACOG the mayors voted to include that cost into the
district. He wanted to make sure the mayors understood, as the County Commission adopted a
budget with that amount, that the county was not necessarily agreeing to pay all their costs, that
the new district would have to work out the details to own it.

Lane McFarlane, of unincorporated Weber County, asked about the size of the district and
Commissioner Cain responded that the district itself was just Weber County but there were users
outside of the county such as the Morgan County Sheriff’s Office. Mr. McFarlane asked if
taxpayers would have to pay additional taxes in November and Commissioner Cain said that there
was a budget increase of $600,000 from last year, but before this issue went to a vote the
commissioners told mayors and city councils of Weber County that they would not start the district
process unless they signed a resolution stating that they would make every attempt to make it
budget neutral to the taxpayers. Every city submitted that resolution, however, various cities do
not charge property tax but subsist on sales tax, and these are still working out the issue. Mr.
Wilson noted that this tax rate would be a “wash” perhaps county-wide, but tax amounts may not
be the same for individual areas.  Commissioner Dearden said that the tax on a $140,000 home would be about $25.66. Mr. Mathieu
reiterated that under the current interlocal agreements there was disparity in participation and
contributions from various cities and there was risk of de-consolidation, and future changes would
be predicated upon the residence/business value and what the city had been paying previously for
911 services. Under this district everyone pays at the same rate. Mr. Wilson indicated that the
reason for some of that disparity was that some entities had been willing to sacrifice their own self
interest to make the consolidation happen. Mr. Mathieu stated that some counties in Utah have
five 911 centers and Weber County and Morgan were ahead of the times along the Wasatch front
regarding this service and buying only one set of 911 telephone equipment, paying for one center
of operation, avoiding many duplication of costs, etc.

Debbie Mecham, Director of the Consolidated Dispatch Center, stated that close scrutiny had been
made in preparing this budget and it was very conservative.

Brad Slater, Weber County Sheriff, stated that this was an example of what different elected
officials had done in response to public concerns. He reiterated benefits of having this district and
stated that in response to taxpayers asking for frugality with their tax dollars mergers had been
occurring, that this issue had been for a vote of the people, and this action should be applauded.
The Sheriff posed the question of what the costs would be if the county had not consolidated
services five ago, with the requirement to be compliant with phase II technology, and stated that
it would be another $4-6 million in just equipment costs. He thanked the Commission, both as a
citizen of West Haven and as the Sheriff, for facilitating this process.

Steve Clarke, of Eden, asked if the 911 Center kept track of the deputies in the county and
Commissioner Dearden responded that the Center knew where every fire truck, ambulance and
police officer was in the county. Mr. Clarke suggested educating the public of the Center’s
complete function and Commissioner Dearden informed him of the Citizen Academy program
through the Sheriff’s Office that welcomes and educates the public.

Benjamin Bishop, of South Ogden, asked about tracking deputies and Mr. Mathieu responded by
explaining how the Computer Aided Dispatch system and the Automatic Vehicle Locator works.
Mr. Bishop asked if there was some ongoing discussion with surrounding counties merging with
Weber County’s district. Mr. Mathieu reiterated that Weber County and Morgan County had
consolidated, because they were similar participants. There were current discussions with elected
officials in Davis County about the number of their centers and Box Elder had consolidated a
couple of years ago into one center. Commissioner Dearden noted the logistic issues, including
same addresses occurring in each county.

Shezelle Perry, of Ogden, asked if the budget was being approved as a package because she did
not agree with paying for meals and entertainment. She has worked for the federal government
for 19 years and it does not pay for meals for their annual training. The commissioners said that
removing meals would not affect the mill levy that had been proposed, however, they had heard
the public tonight state they did not want meals and entertainment to be included in the budget and
they will address this with the Center and see if some amendment can be made. Ms. Perry spoke
in favor of the consolidated 911 program.

Leonard. Call said that it was not prudent to shut down the Center and send employees to training,
that the alternative was to feed them lunch, send them back to work and rotate them.

Steve Clarke, stated that as an employer for many years, he was a proponent of meals and
entertainment in the budget, that it served a valuable purpose.

Dan Olsen, County Comptroller, asked for clarification on whether the Commission was approving
the tax levy or the budget and legal counsel replied it was the budget. Mr. Olsen noted that the tax
rate could be different on the tax bill because this proposed rate was based upon 2005 values.

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 regarding tax rate assessment (Budget) for Weber Area 911
and Emergency Services District
Commissioner Dearden moved to approve the budget as presented for the Weber Area 911 and
Emergency Services District; Commissioner Cain seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tues., January 3, 2006, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 7:30 p.m.; Commissioner Cain seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor