Minutes for 2006-06-27, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 27, 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 - David Wilson
C. Thought of the Day - Chair Dearden

D. Consent Items:
1. Purchase Orders in the amount of $76,472.38
2. Warrants #214456 - #214696 in the amount of $1,459,660.46
3. Minutes for meetings held on June 13, 2006 and June 20, 2006
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Cain
seconded, all voting aye.

E. Proclamation declaring July 7, 2006 at “Manufacturer’s Day” in Weber County

Chair Dearden read this proclamation whereby the Commission recognized the manufacturers of
Weber County for their significant contribution to the economy and the economic benefits thus
enjoyed by all residents.

F. Action Items:

A. Approval of the following RAMP contracts:

a. Governmental and Municipalities
1. Liberty Park - Contract C2006-72
2. Eden Park - Contract C2006-73
3. U.S. Forest Service - Contract C2006-74
4. Farr West City - Contract C2006-75
5. Harrisville City - Contract C2006-76
6. Hooper City - Contract C2006-77
7. Marriott-Slaterville City - Contract C2006-78
8. North Ogden City - Contract C2006-79
9. Ogden City - Contract C2006-80
10. Plain City - Contract C2006-81
11. Pleasant View City - Contract C2006-82
12. Riverdale City - Contract C2006-83
13. Roy City - Contract C2006-84
14. South Ogden City - Contract C2006-85
15. Uintah City - Contract C2006-86
16. Huntsville Town - Contract C2006-87
17. Washington Terrace City - Contract C2006-88
18. West Haven City - Contract C2006-89
b. Non-Profits
1. Aerospace Heritage Foundation - Contract C2006-90
2. American Dream Foundation - Contract C2006-91
3. Boys and Girls Club - Contract C2006-92
4. Children’s Discovery Center - Contract C2006-93
5. Daughters of Utah Pioneers - Contract C2006-94
6. Downtown Ogden, Inc.- Contract C2006-95
7. Eccles Community Art Center - Contract C2006-96
8. Egyptian Theater Foundation - Contract C2006-97
9. Goal Foundation - Contract C2006-98
10. Golden Hours Foundation - Contract C2006-99
11. Junior League of Ogden - Contract C2006-100
12. Ogden Nature Center - Contract C2006-101
13. Ogden School Foundation - Contract C2006-102
14. Ogden Symphony Ballet - Contract C2006-103
15. Prevent Child Abuse - Contract C2006-104
16. Roy Historical Foundation - Contract C2006-105
17. Trappers Trails Council - Contract C2006-106
18. Treehouse Museum - Contract C2006-107
19. Union Station Foundation - Contract C2006-108
20. Ogden Valley Pathways - Contract C2006-109
21. Weber State Foundation - Contract C2006-110
22. Pathways - Contract C2006-111
23. YCC - Contract C2006-112

Mike Caldwell, Ice Sheet Director, stated that this was the first year of RAMP funds distribution,
that countless hours had gone into the process and people were very excited about the benefits to
our community. Chair Dearden requested the addition of language to the contracts that stated what
was to be done with encumbered funds that were unexpended. Commissioner Cain asked about
Section One, G., which stated that if a recipient produced a free or reduced admission-fee program
it needed to be extended to all residents of Utah and not to Weber County citizens only. David
Wilson, Deputy County Attorney, explained the applicable law and stated that he would look at
clarifying the language so that the contract would note specifically when the law applied.
Commissioner Cain moved to approve RAMP Contracts C2006-72 through C2006-112 with the
discussed changes to be made by legal counsel; Commissioner Bischoff seconded, all voting aye.

2. Approval of Conditional Use Permit Application CUP# 12-06 to amend the approval
for the Trappers Ridge at Wolf Creek Planned Residential Unit Development
(P.R.U.D.) to allow nightly rentals

3. Approval of Conditional Use Permit Application CUP# 13-06 to amend the approval
for the Fairways at Wolf Creek Planned Residential Unit Development (P.R.U.D.)
to allow nightly rentals

Kevin Hamilton, County Planning Department, presented items F.2. and F.3. together because their
request was the same. Neither of these P.R.U.D.s had shown the nightly rentals on their site plans
but they had included the allowance on their CC&Rs for a three-night rental.
Commissioner Cain moved to approve Conditional Use Permit Application CUP# 13-06 to amend
the approval for the Fairways at Wolf Creek Planned Residential Unit Development and to approve
Conditional Use Permit Application CUP# 12-06 to amend the approval for the Trappers Ridge
at Wolf Creek Planned Residential Unit Development to allow nightly rentals for these P.R.U.D.s;
Commissioner Bischoff seconded, all voting aye.

 

 4. Resolution authorizing issuance/sale of approximately $6 million Weber County
Tax & Revenue Anticipation Notes, Series 2006, entering into certain covenants &
making certain representations in connection therewith; confirming the sale of
said notes; approving the form of notes; and related matters - Resolution 10-2006,
Note Purchase Contract C2006-113

Dan Olsen, County Comptroller, thanked the county’s financial advisor, Alan Westenskow of
Zions Bank, and John Crandall of George K Baum, underwriter for their work on these Notes. Mr.
Olsen said that it had been a good note sale and was pleased with the service.

Mr. Westenskow stated that the county went through a request for proposals process this year for
the first time for its Tax Anticipation Notes. Four bids were received from regional and national
investment banks and George K. Baum was selected. The Notes were half the amount of last year.
The county issued these notes as nonrated and received a good interest rate without having to pay
for a rating. The coupon rate is 4.5% and the note yield is 3.8%. Mr. Crandall congratulated the
Commission for putting the county in a correct position to sell the notes, which he said were very
well received in the market yesterday and that investors recognized the strong financial position
of the county. The commissioners thanked Zions Bank and George K. Baum for the good work
they had done for the county.
Commissioner Bischoff moved to adopt Resolution 10-2006 authorizing the issuance and sale of
approximately $6,000,000 Weber County, Utah, Tax and Revenue Anticipation Notes, Series
2006; and entering into certain covenants and making certain representations in connection
therewith; approving Note Purchase Contract C2006-113 and confirming the sale of said notes;
approving the form of notes; and related matters; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


5. Final approval of the Water Tank at Sheep Creek Subdivision at approximately
4700 North and 4175 East in the Liberty area. The subdivision consists of 1 lot
covering 1.0 acre and has been proposed to serve as a site for a future 500,000
gallon culinary water tank

6. Acceptance of a financial guarantee in the amount of $19,057.50 for a proposed
culinary water tank construction project

This item and the preceding one, F.5., are related. Scott Mendoza, County Planning Department,
explained that this was to create a 1-acre subdivision lot on which to place a new 500,000 gallon
culinary water tank. This public utility does not require minimum building area or frontage. The
Planning Commission unanimously recommended approval of this item.
Commissioner Cain moved to grant final approval of the Water Tank at Sheep Creek Subdivision,
1 lot, at approximately 4700 North and 4175 East in the Liberty area to serve as a site for a future
500,000 gallon culinary water tank, and to accept the $19,057.50 financial guarantee;
Commissioner Bischoff seconded, all voting aye.


7. Contract with York International to extend a Planned Service Agreement for a
Preventive Maintenance Program - Contract C2006-114

Nate Pierce, County Operations Department Director, stated that this was a one-year extension to
the existing contract with no increase in cost to the county for the Weber Center’s chiller.
Commissioner Bischoff moved to approve Contract C2006-114 by and between Weber County and
York International to extend a Planned Service Agreement for a Preventive Maintenance Program;
Commissioner Cain seconded, all voting aye.

 

8. Request for approval of a Letter of Intent with PacifiCorp to relocate power
line and replace poles

Nate Pierce, County Operations Department Director, stated that due to the current improvements
on I-15 it had become necessary for PacifiCorp to relocate a power line which went over the
landfill site. Mr. Pierce said that PacifiCorp would abandon part of their easement–although
PacifiCorp could not find any documents giving them that easement. There was, however, a letter
agreement between PacifiCorp and Pillsbury Company when the easement was initially put in.
PacifiCorp approached the county asking for an easement but the process of obtaining one takes
a couple of weeks and this letter agreement allows them to move forward with their project. The
county will work with them to bring a final easement to the Commission.
Commissioner Cain moved to approve the letter of intent by and between Weber County and
PacifiCorp to complete the work on the relocation of the power line and replacement of poles;
Commissioner Bischoff seconded, all voting aye.

 

9. Resolution authorizing an Interlocal Agreement with Hooper City for Justice
Court Services - Resolution 11-2006, Contract C2006-115

David Wilson, Deputy County Attorney, stated that this contract allowed the county to continue
Justice Court services. The county provides the court. The change in this contract calls for Hooper
City to provide their own prosecutor. The fines, in accordance with State statute, will be split 50-
50 between the county and the City. The City provides enforcement and the prosecutor.
Commissioner Bischoff moved to adopt Resolution 11-2006 authorizing Interlocal Agreement
Contract C2006-115 by and between Hooper City and Weber County for Justice Court Services;
Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye




10. Approve of an Acknowledgment of Pledge of Tax Increment Revenues by and
among Ogden City Redevelopment Agency, Utah, as Pledger, Weber County, Utah
and First National Bank, dated as of June 8, 2006 - Contract C2006-116

David Wilson, Deputy County Attorney, stated that this Acknowledgment had been requested by
Ogden City. The original request was similar to the one received last year relating to other
projects.

This Acknowledgment is requested by Ogden City’s financing institution, First National Bank,
relating to the City’s $3 million loan to be used for the Ogden River Development Project. They
had requested that the county assume the responsibility of paying any tax increment revenues
directly to the bank if for some reason Ogden City should default. Mr. Wilson noted it had been
the consensus of the Clerk/Auditor, the Treasurer, and the County Attorney’s offices not to
interject the county into any type of payment process. However, both John Bond, Treasurer’s
Office, and Dan Olsen, Comptroller, were willing to indicate that the county had not received
notice of a previous pledge. They were present today and Chair Dearden asked if they had
anything to add and they did not. Mr. Wilson reiterated that this Acknowledgment would not
commit the county to anything except to indicate the county had not received any notice that the
Tax Increment Revenues had been pledged to any other entity other than the Bank as of the date
of this instrument (June 8, 2006).
Commissioner Cain moved to approve Contract C2006-116, Acknowledgment of Pledge of Tax
Increment Revenues by and among Ogden City Redevelopment Agency, Utah, as Pledgor, Weber
County, Utah and First National Bank, dated as of June 8, 2006 ; Commissioner Bischoff
seconded, all voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., July 13, 2006, 9:30 a.m.

H. Public Comments:

Connie Chandler asked if a newspaper representative was present. She then noted that it was
regrettable that they were not present because the county had received outstanding comments today
from the underwriter and the county’s financial advisor regarding the county’s strong financial
position.

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

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor