Minutes for 2006-08-22, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 22, 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, and Camille T. Cain. Kenneth A. Bischoff was
excused.

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

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

D. Consent Items:
1. Purchase Orders in the amount of $78,896.86
2. Warrants #216676 - #216874 in the amount of $860,550.11
3. Minutes for meeting held on August 15, 2006
4. Amend the Weber County Holiday Policy
5. Surplus a 1981 King Platform Trailer from the Road Department
6. Surplus a 1993 Ford Pickup & a Skid mounted chemical injector sprayer system from Weed Dept.
7. Set Public Hearing Date for September 26, 2006, 10 a.m., on street vacation on Old State Hwy 166
Commissioner Cain moved to approve the consent items; Chair Dearden seconded, both voting
aye.

E. Action Items:

1. Retirement/Benefit Agreements for the following employees:
Kathy Montgomery - Contract C2006-140
Glen Burton - Contract C2006-141

David Wilson, Deputy County Attorney, reported on the Commission’s request to check the
validity of the insurance figures in Kathy Montgomery’s retirement benefit agreement. Mr.
Wilson reported that he had checked with human resources and the calculation is correct. It
includes both health and dental benefits. Mr. Wilson said that there was no sick or vacation leave
pay-out for former Commissioner Glen Burton, but there are certain health and dental insurance
benefits which are similar to those provided to retiring county employees.
Commissioner Cain moved to approve Contract C2006-140, Retirement Incentive Agreement for
Kathy Montgomery, and Contract C2006-141, Retirement Benefit Agreement for Glen H. Burton;
Chair Dearden seconded, both voting aye.

 

2. Final approval of the Basinview Estates Cluster Subdivision Sewer Maintenance
Agreement - Contract C2006-142

Curtis Christensen, County Engineer, stated that last week the commission had approved an item
for Basinview Estates but this agreement had inadvertently not been placed on the agenda. The
contract states that the Homeowners Association agrees to annex into a future sewer district or
other body politic which may be organized and that they are solely responsible for the entire cost,
expense and supervision of the design, engineering, construction, and maintenance of this gravity
sewer collection system.  Commissioner Cain asked if the county had required the $10,000 reserve for other similar contracts
and Mr. Christensen responded this was the third contract of this type and the county had required
reserve funds for them. This fund is to be established within 12 months of final system approval
and is to be utilized for the purpose of funding ongoing repairs, improvements, and potential
catastrophes to the sewer system. Commissioner Cain directed that there be an internal process
to trigger the 12 month period to ensure the funds were in reserve, that the $10,000 not be released
from the escrow unless it was no longer necessary, etc., and that the contract reflect this. Mr.
Christensen stated that it was common practice before releasing the final monies to make sure this
was in place and that the reserves were tagged to the escrow requirement–10% of the monies are
held until the end of the project. He will meet with the County Attorney’s Office on this issue.
Commissioner Cain moved to approve Contract C2006-142, Sewer Maintenance Agreement
between Weber County, Basinview Development, L.C. and Basinview Estates Homeowners
Association; Chair Dearden seconded, both voting aye.

 

3. Final approval of Nordic Meadows Subdivision, 2 lots, located at approx. 3175 N.
& 3500 E. in the Nordic Valley area with a $110,757.36 financial guarantee

Jim Gentry, Weber County Planning Department, stated that these lots were three acres in size and
the Planning Commission had unanimously recommended approval of this item.
Commissioner Cain moved to grant final approval of Nordic Meadows Subdivision, 2 lots, located
at approximately 3175 North & 3500 East in the Nordic Valley area with a $110,757.36 financial
guarantee; Chair Dearden seconded, both voting aye.

 

4. Final approval of Lakeside Village Condominiums Phase 12 and acceptance of a
$33,528.50 financial guarantee

Sean Wilkinson, Weber County Planning Department, stated that this phase contained five units,
the Planning Commission had unanimously recommended approval on January 24, 2006, and the
financial guarantee had been reviewed by the County Attorney’s Office.
Commissioner Cain moved to grant final approval of Lakeside Village Condominiums Phase 12
and to accept the $33,528.50 financial guarantee; Chair Dearden seconded, both voting aye.

5. Approval of by-laws for the Advisory Board for Fort Buenaventura

Jennifer Graham, Recreation Facilities Director, noted that members had been appointed to this
board and she requested approval of the by-laws. Chair Dearden asked about term expirations and
Ms. Graham replied that the terms had been staggered at the onset of appointments.
Commissioner Cain moved to approve the by-laws for the Advisory Board for Fort Buenaventura;
Chair Dearden seconded, both voting aye.

6. Resolution authorizing issuance & sale of not more than $8,000,000 aggregate
principal amount of sales tax revenue bonds, Series 2006, of Weber County for the
purpose of financing all or a portion of the costs of acquiring, constructing,
equipping and furnishing a county library; calling a public hearing and
establishing a time, place and location for said public hearing; providing for
publication of a notice of public hearing and bonds to be issued; providing for a
pledge of sales tax revenues for repayment of the bonds; fixing the maximum
aggregate principal amount of the bonds, the maximum number of years over
which the bonds may mature, the maximum interest rate which the bonds may bear,
and the maximum discount from par at which the bonds may be sold; providing for
the running of a contest period; expressing an intent to reimburse; and related
matters - Resolution 13-2006

Dan Olsen, County Comptroller, stated that this parameters resolution was for the library building
and it set a cap of $8 million and an interest rate of 6% for 21 years.  The public has a 30 day window
to contest the legality of the bonds and a public hearing date will be set to take input on the bonds.
The Library Board is compiling a package to issue an RFP for
construction of their building. Mr. Olsen said that a couple of years ago during the budget process
the tax on the library levy had been increased to fund construction of this building. This resolution
contains a reimbursement clause whereby two months prior to adoption of the resolution the
county can be reimbursed from bond proceeds for any costs on architect or design fees.

Alan Westenskow of Zions Bank Public Finance, acting as county financial advisor, stated that the
Commission needed to set a date to hold the public hearing and they selected September 12, 2006.
With the issuance of Sales Tax Revenue bonds two publications are required and there is a 30-day
public protest period. Mr. Westenskow stated that it was important to have enough money from
the bond proceeds to pay for the library and documents were structured so that the bonds would
be issued after the construction bids were received. David Wilson, Deputy County Attorney, had
spoken yesterday with Monette Hurtado, Deputy County Attorney, and the architect had indicated
to her that the package might not be ready for bid until sometime in November 2006. Mr.
Westenskow said that they would prepare everything so that once the dates were certain the
process could move forward.
Commissioner Cain moved to adopt Resolution 13-2006 authorizing the issuance and sale of not
more than $8,000,000 aggregate principal amount of Sales Tax Revenue bonds, Series 2006, of
Weber County, Utah, for the purpose of financing all or a portion of the costs of acquiring,
constructing, equipping and furnishing a county library; calling a public hearing and establishing
a time, place and location for said public hearing; providing for publication of a notice of public
hearing and bonds to be issued; providing for a pledge of sales tax revenues for repayment of the
bonds; fixing the maximum aggregate principal amount of the bonds, the maximum number of
years over which the bonds may mature, the maximum interest rate which the bonds may bear, and
the maximum discount from par at which the bonds may be sold; providing for the running of a
contest period; expressing an intent to reimburse; and related matters; Chair Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, August 29, 2006, 6 p.m.

G. Public Comments

H. Adjourn
Commissioner Cain moved to adjourn at 10:38 a.m.; Chair Dearden seconded, both voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor