Minutes for 2006-06-13, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 13, 2006 - 10:00 a.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: Craig L. Dearden, Chair; Camille T. Cain; and Kenneth A. Bischoff.

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

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

D. Consent Items:
1. Purchase Orders in the amount of $409,695.58
2. Ratification of Warrants #213881 - #214027 in the amount of $388,807.95
3. Warrants #214028 - #214238 in the amount of $1,260,606.87
4. Minutes for the meeting held on May 30, 2006
Commissioner Cain moved to approve the consent items as presented; Commissioner Bischoff
seconded, all voting aye.

E. Proclamation declaring June 13, 2006 Utah Saves Day in Weber County

Chair Dearden read this proclamation whereby the Commission endorses the “Utah Saves”
program and encourages all citizens to participate. Utah Saves is United Way’s strategic initiative
that brings the community together to help Utahns build wealth, reduce debt and create long-term
financial security. Bob Hunter, Director of United Way, stated that one of the most important
things they could do was help people become financially secure. Mr. Hunter expressed his
support for the RAMP tax because recreation, the arts, parks etc., were all important in buoying
up the community. Chair Dearden expressed thanks for all that United Way does.

F. Action Items:

7. Request for consideration from Weber County to serve as the Body Politic for a
wastewater system in the South Fork area

Curtis Christensen, County Engineer, stated that there was much land to be developed in the
Upper Valley in the South Fork area and many requests for development were received. Three
different developers had recently approached the county who were willing to combine and install
a treatment facility for wastewater (two are near the Old Trappers Loop Road and one is on
Highway 39). These three developments have a total acreage of about 500-600 acres and this
facility would serve at least that much area but most of the South Fork area could potentially come
into the facility if it can be properly located. Mr. Christensen asked for the Commission’s
direction on whether they were willing to serve as the body politic for this wastewater system.
The developers cannot move forward without a body politic. He noted that this proposed
treatment facility provided a very high quality effluent that could be reused as a resource for that
area. This follows the General Plan.  David Wilson, Deputy County Attorney, raised some questions
for consideration. This issue had been discussed in the past and the commissioners had stated they
did not wish the county to be in the sewer business and had discussed the possibility of having a
district created in the Upper Valley. Mr. Wilson said that ownership, operation and maintenance
of the facility as the cost associated with maintenance needed to be addressed in the agreement.

Commissioner Bischoff noted that more of these requests would probably be forthcoming and thus
the county would get more into the sewer business, when this Commission wished to get out. He
stated that although the county did not want to stifle developers it was important to formulate the
best way to proceed. Mr. Christensen said that on a recent project the county had initiated a step
forward whereby the developer entered into an agreement stating he would annex to an existing
district or become a district upon the Commission’s request. Commissioner Cain noted that she
and Mr. Christensen had been working on this issue for the past few months and that Mr.
Christensen had done significant mapping of the different locations and types of facilities. They
had been working with Central Weber Sewer District (CWSD) as well to determine if the county
could gain from their expertise on how to effect a better process for a long term district. She stated
that there were only two choices in the matter and if the county was not willing to be the body
politic and there was no other entity willing to serve as the body politic then essentially a
moratorium would be forced on development. The interim solution for the county is to agree to
serve as the body politic but to put developers on notice that the county is in the process of trying
to get out of the sewer business.

Currently, the county has one approved mechanical sewer system and a number of lagoon systems
and community drain fields in the Ogden Valley. Mr. Christensen said it was a concern to have
such a variety of systems which were also scattered. Lance Wood, Central Weber Sewer District
(CWSD), was present today. Mr. Christensen said that there had been discussion whether the
CWSD would be interested in taking over or assisting with some of the treatment facilities.

Ken Gardner, Gardner Engineering, representing the three entities interested in combining to be
served by this plant, stated they had been in contact with a number of other land owners (i.e.,
Sinclair) in an effort to combine into one regional plant rather than form separate community drain
fields systems. Mr. Gardner said that Wolf Creek will be building a similar plant within the next
year to replace its lagoon system and will have a State certified operator and the hope is that same
operator can operate this plant as well. He believed the main developer would own the plant and
those details needed to be worked out but this was a long term solution that worked.
Commissioner Cain moved to go forward with this item and in the interim that the County
Commission serve as the Body Politic for this wastewater system in the South Fork area but that
the county outline for developers the specific information in the agreement needed to meet the
county’s requirements in order to serve as a body politic in the interim position, and she would
like to see some sort of local control board in the Ogden Valley comprised of people who are
served by it; Commissioner Bischoff seconded, all voting aye.

1. Approval of RAMP Tax Grant recommendations

Candadai Seshachari, RAMP Tax Advisory Board Chair, stated that the recommendations had
been presented to WACOG. He recognized some of the board members present. Mr. Seshachari
stated that this board had anticipated distributing close to $3 million. He wished to clarify that
RAMP was not an economic development program but was purely a citizens’ initiative to enhance
the quality of life of Weber County residents. Some individuals from the community expressed
thanks for the RAMP funds received for their organizations: Roberta Beverly, Union Station
Foundation; Glenn Barrow, Hooper City Mayor; Mary McKinley, Ogden Nature Center; and
Teresa Puskedra, Egyptian Theater Foundation. Commissioner Cain asked if the funds the RAMP
Board intended to deliver were those collected
from April 1, 2005 through July 1, 2006 and Mr. Sheshachari said this was correct but the period
will change from January 1 to December 31 in the third year.

David Wilson, Deputy County Attorney, stated that all the agreements should be ready next week
for the Commission’s approval and the recipients can then come in to sign them; once they are
signed, the checks can be picked up. Commissioner Cain noted that as Mr. Sheshachari had
already stated the funds would not have been collected in total by Weber County in July and Mr.
Sheshachari felt confident the funds would be there in total. He stated that to date $2.84 million
had been collected and by the time this was approved, there would be another distribution of
$224,000.

Commissioner Bischoff pointed out that RAMP funds have to be expended in the year received
and he had spoken with Roy City’s Mayor and its Manager who had indicated that Roy probably
would not be able to use the money to start their building this year because they were about $1
million short of their funding needs. Mr. Sheshachari explained that even if people had been
awarded the funds they would not get the funds unless they signed the contract. The
commissioners decided to leave Roy City’s funds as they were. Commissioner Bischoff asked if
there was a method for handling money that is not used and Mr. Sheshachari said that the Advisory
Board would have to address this question.
Commissioner Bischoff moved to approve the RAMP Tax grant recommendations as presented;
Commissioner Cain seconded, all voting aye.

2. Contract with William Morris Agency, LLC to have Clay Walker perform at the
2006 Weber County Fair - Contract C2006-64

Jan Wilson, Weber County Fair, presented this contract stating that the rider would be
forthcoming.
Commissioner Cain moved to approve Contract C2006-64 by and between Weber County and
William Morris Agency, LLC to have Clay Walker perform at the 2006 Weber County Fair;
Commissioner Bischoff seconded, all voting aye.

 

3. Contract with Simons Entertainment Group, Inc. to have the Toddler Games
Driving and Art Fair at the 2006 Weber County Fair - Contract C2006-65

Jan Wilson, Weber County Fair, presented this contract which was in the amount of $1,095.00.
Commissioner Bischoff moved to approve Contract C2006-65 by and between Weber County and
Simons Entertainment Group, Inc. to have the Toddler Games Driving and Art Fair at the 2006
Weber County Fair; Commissioner Cain seconded, all voting aye.

 

4. Contract with Capitol International Productions Inc. to have “Lights, Camera,
Animals” at the 2006 Weber County Fair - Contract C2006-66

Jan Wilson, Weber County Fair, presented this contract which was in the amount of $8,000.00.
Commissioner Bischoff noted that these contract amounts had been approved in the budget.

Ms. Wilson introduced Laurel Allen, the current Ms. Weber County, who spoke of her platform
on enhancing the lives of people with disabilities. The commissioners thanked Ms. Allen for
representing the county.
Commissioner Bischoff moved to approve Contract C2006-66 by and between Weber County and
Utah Hispanic Match Racing for Hispanic Match Horse Races on June 18, July 2, August 27,
September 17, October 8, and October 29, 2006 at the Golden Spike Event Center; Commissioner
Cain seconded, all voting aye.

 

 5. Approval of Tax Sale extensions for the following:
Joseph Broadbent/Delores Winward, 01-044-0020; Raymond/Violet Hooker, 06-124-0040

Margarit Nersisian, Clerk/Auditor’s Office, asked for ratification of this item because she did not
have an opportunity to bring these to Commission meeting prior to the county’s tax sale. She had
previously discussed the details with Monette Hurtado, Deputy County Attorney, who had no
problem with them. Both are financial hardship cases and have signed contracts to pay off the
balances.
Commissioner Bischoff moved to approve tax sale extensions for Joseph Broadbent & Delores
Winward, LSN 01-044-0020 and Raymond and Violet Hooker, LSN 06-124-0040 the 2006;
Commissioner Cain seconded, all voting aye.

 

6. Ratify properties removed from the 2006 Tax Sale for further research by the
Weber County Recorder and Surveyor

Margarit Nersisian, Clerk/Auditor’s Office, stated that the County Surveyor and Recorder’s Offices
had recommended that the Clerk/Auditor’s Office remove the list of properties from the county
tax sale for further research. The research is to be completed and a resolution reached by the end
of this year. Chair Dearden thanked the county departments that work cooperatively on the tax
sale.
Commissioner Cain moved to ratify the removal of properties from the 2006 tax sale as listed for
further research by the Weber County Recorder and Surveyor; Commissioner Bischoff seconded,
all voting aye.

8. Contract with Utah Hispanic Match Racing for Hispanic Match Horse Races on
June 18, July 2, August 27, September 17, October 8, & October 29, 2006 at the
Golden Spike Event Center - Contract C2006-67

Jim Harvey, GSEC, presented the revised contract which includes that there will be Sheriff
security presence.
Commissioner Bischoff moved to approve Contract C2006-67 by and between Weber County and
Utah Hispanic Match Racing for Hispanic Match Horse Races on June 18, July 2, August 27,
September 17, October 8, and October 29, 2006 at the Golden Spike Event Center; Commissioner
Cain seconded, all voting aye.

 

G. Public Hearing

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

2. Public hearing to consider changing Career Status of the following job positions
from Merit to Exempt: Assistant Director, Department of Operations
Property Management, Division Manager
Planning & Zoning, Division Manager
Roads & Highways, Division Manager
County Engineer, Division Manager

Brad Dee, Human Resources Director, stated that through State Code Title 17, Chapter 33, County
Personnel Management Act, the counties had been charged to provide career service systems for
county employees. The Act allows exempting certain positions and there are two types of exempt
status. The above listed positions meet the requirements and will be moved from career service
to exempt positions. Today’s action exempts these positions from the Fair Labor Standards and
from career service and brings them in conformity with other county department heads. This item
went before the Career Service Council which agreed with exempting these positions. Nate Pierce,
County Operations Director, stated that at the last budget hearings he had raised the
issue of possibly exempting members of the management team in the Operations Department. The
Director and the Solid Waste Manager positions are already exempt. He said that today’s action
would allow more flexibility in dealing with individuals, both to discipline and reward, and that
it in no way reflected negativity toward any employee.

Chair Dearden invited public comments and none were offered.

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

4. Action on public hearing:

G.2. - Public hearing to consider changing career status from Merit to Exempt:

Commissioner Cain stated that this issue had been discussed for some time. These employees
represented a tremendous amount of intellectual capital to county government and the people of
Weber County and this was in no way negative toward any employee. The purpose of this was to
provide an opportunity for management to actually increase productivity and to complement the
work being done in those divisions. She thanked all the managers in the Operations Department
for the time and energy they contribute to the county.
Commissioner Cain moved to approve the change in career status of the listed employees;
Commissioner Bischoff seconded, all voting aye.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 20, 2006, 10 a.m.

I. Public Comments: None.

J. Adjourn
Commissioner Cain moved to adjourn at 11:10 a.m.; Commissioner Bischoff seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor