Minutes for 2006-12-19, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 19, 2006 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

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 - Dan Olsen
C. Thought of the Day - Commissioner Cain

D. Presentation of the Seal of Service Award to Josh Barker

Chair Dearden noted the significance of the nomination coming from Mr. Barker’s peers regarding
his exemplary customer service. The commissioners presented Mr. Barker with a plaque, an obelisk,
a seal of service pin and $50.00. Mr. Barker said that it was a pleasure to work for Weber County.

E. Consent Items:
1. Purchase Orders in the amount of $50,983.06
2. Warrants #221089 - #221295 in the amount of $777,291.67
3. Minutes for the meeting held on December 12, 2006
4. Cancel regular meeting of Board of Commissioners of Weber County for December 26, 2006
5. Reschedule regular meeting of the Board of Commissioners of Weber County from January 2,
2007 at 10:00 a..m. to January 2, 2007 at 2:00 p.m.
6. Contract renewal by and between Weber County and Utah State Office of Recovery Services for
Process Service - Contract C2006-200
7. Contract by/between Weber County, Stearns, Conrad and Schmidt Consulting Engineers, Inc.
d/b/a SCS Engineers, Blue Sky Energy Corp. and Smith Power Products, Inc. - Contract C2006-
201
8. Set public hearing for January 16, 2007, 10 a.m. on ZP #04-06, proposed amendments to Zoning
Ordinance, Chapter 28, to allow property owners to add property to legal non-conforming parcels
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

F. Action Items:

1. Approval of the Weber County Purchasing Ordinance - Ordinance 2006-26

David Wilson, Deputy County Attorney, stated that this item had been before the Commission
previously, that there were no changes since last week, and he recommended approval of the final
reading
of
this
ordinance.
Commissioner Cain moved to adopt Ordinance 2006-26, Weber County Purchasing Ordinance;
Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



2. Resolution appointing trustees to Roy Conservancy Board - Resolution 33-2006

Chair Dearden stated that the Conservancy District had requested reappointment of Vern
Thompson and Gary L. Newman.
Commissioner Bischoff moved to adopt Resolution 33-2006 reappointing Vern Thompson and
Gary L. Newman as trustees to the Roy Conservancy Board with terms expiring the first Monday
in January 2011; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



3. First amendment to the agreement for the legal representation of the indigent -
Contract C2006-202

David Wilson, Deputy County Attorney, stated that this extended the agreement, which had been
in place for four years, for one more year while the Commission reviews it. The term expires on
12/31/2007 and includes the budget approved by the Commission for this year’s contract.
Commissioner Cain moved to approve Contract C2006-202, first amendment to the agreement for
the legal representation of the indigent; Commissioner Bischoff seconded, all voting aye.

4. Resolution of the Board of Commissioners of Weber County approving the
concurrent execution of an Interlocal Cooperation Agreement between Weber
County and Ogden City regarding the municipal block and an Interlocal
Cooperation Agreement between Weber County and Ogden City regarding cost
sharing and the governance of David Eccles Conference Center and Peery’s
Egyptian theater, jointly known as the Ogden Eccles Conference Center -
Resolution 34-2006, Contracts C2006-203 and C2006-204

David Wilson, Deputy County Attorney, noted that the county had a presence on the Municipal
Block with the Kiesel Jail facility. One agreement called for the county to continue sharing in the
cost associated with landscaping around the jail, for the county to transfer some property to Ogden
City (City), there was reciprocal egress and ingress to ensure that both parties had the access
needed, and the county’s Christmas Village participation was as follows: in 2006 the amount will
be $80,000, 2007=$60,000, 2008=$40,000, and 2009=$20,000. Thereafter, the county’s
participation for the Christmas Village will be eliminated, but the county will have some
responsibility for maintenance as long as the county jail is there.

The other agreement is a new one between the City and the county relating to the David Eccles
Conference Center & Peery’s Egyptian Theater (Center) and changes the relationship with the City
for its governance. Recently the Center came under new management with SMG and one process
is to take advantage of the opportunity to achieve tax exempt sales for Center supplies, etc. This
contract clarifies SMG’s responsibilities including achieving the tax exempt position. The former
interlocal agreement called for three partners–Ogden City, Weber State University (WSU) and
Weber County. An original agreement contemplated that WSU would manage the Center,
however, this changed some time ago and the governing board was instituted to manage the Center
with the county owning it through its Municipal Building Authority. The county proposed to the
City to take them and WSU out of the management position and place them as funding partners.
Mr. Wilson said that it was the Commission’s intent within the next few weeks to create an
advisory board. The Commission will then govern the Center. WSU, under its original
commitment, will continue to make payments for the debt service on the Center until 2019. Any
excess in operational deficit is to be covered by the City and County sharing 50/50 but the original
agreement contemplated a gradual reduction in that deficit based upon the restaurant tax, which
had been enacted to fund both the debt service and the Center’s operation. The City will now be
allowed to reduce its contribution for that deficit as outlined in the other agreement.
Chair Dearden said that the Commission felt this was a good move and there should be some
savings for the county.
Commissioner Bischoff moved to adopt Resolution 34-2006 approving the concurrent execution
of Interlocal Cooperation Agreement C2006-203 between Weber County and Ogden City regarding
the Municipal Block, and Interlocal Cooperation Agreement C2006-204 between Weber County
and Ogden City regarding the Cost Sharing Agreement with respect to the David Eccles
Conference Center and Peery’s Egyptian Theater, more commonly referred to as the Ogden Eccles
Conference Center; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye




5. Request for consideration for Weber County to act as Body Politic for sewer
service at the proposed Serendipity at Eden Estates Subdivision

Curtis Christensen, County Engineer, referred to the letter before the Commission from GEM,
LLC, signed by John Stein, Managing Partner. Mr. Christensen showed an area map and stated
that the petitioners were proposing an 18-lot subdivision located at approximately 3061 North
Highway 162 (LSN 22-133-0001) in the Ogden Valley area. This development is near another site
(Moose Mountain Subdivision) that the Commission agreed previously to be the body politic for.
Potentially, this site’s wastewater will go to Wolf Creek’s treatment facility; temporarily they
would have a common septic tank and drainfield. Because it is a common system, it requires that
there be a body politic to oversee that operation.

Mr. Christensen said that he had conversations with the developer about possibly building a plant
on this site if it ever became necessary and the developer had agreed to set aside some area where
this could occur. He added that this was a low area, somewhat centrally located, and could serve
a large part of the Valley. Chair Dearden wished to make the county’s position clear, which had
been stated in the past, that the county did not want to be in the sewer business and if an agreement
was signed, that it contain a clause stating that this development must connect into a sewer system
or another body politic if one became available. Mr. Christensen said that there had been several
conversations with the developer where this had been conveyed. He added that as the development
proceeded, those agreements would be prepared and come before the Commission requiring that
the development join a district or another body politic in the future. Commissioner Bischoff said
that the Central Weber Sewer Improvement District Board was in the process of setting up a
meeting with all the participants to discuss this issue.
Recognizing that this was a temporary setting for Weber County, Commissioner Cain moved to
act as body politic for sewer service at the Serendipity at Eden Estates Subdivision; Commissioner
Bischoff seconded, all voting aye.

 

6. Approval of the first reading of the Weber County Strategic Plan

Mike Caldwell read Weber County’s mission statement stating that the county had been operating
under it for some time and the core values were posted up on the wall behind the Commission
seating. Commissioner Cain said that a strategic plan needed to be reviewed at least annually. She
believed the next step should be to consider a definition of who was responsible for enacting each
section. The plan will be posted on the county’s website.
Commissioner Bischoff moved to approve the first reading of the Weber County Strategic Plan;
Commissioner Cain seconded, all voting aye.

 7. First Reading on resolution of the Board of Commissioners of Weber County
adopting an Ethics Pledge in furtherance of the Weber County Strategic Plan

Commissioner Cain said that this document had not been circulated to elected officials prior to this
time, but it was a matter of timing because the last meeting of the year had been canceled.
However, this was not meant to circumvent review. She said that it was consistent with State law
that governed elected officials and the purpose was to give elected officials an opportunity to make
a positive statement reinforcing the part of the Strategic Plan which deals with public
trust/confidence.

Commissioner Bischoff noted that this resolution required elected officials to sign an ethics pledge
at the commencement of each year and he asked if that could be voluntary rather than mandatory.
He noted that most elected officials had not seen this document, and he posed some questions.
David Wilson, Deputy County Attorney, stated that there was no remedy for violation of any
provisions of this Pledge, that it was more in the line of moral persuasion. He responded that it
would be improper or illegal for the commission to punitively reduce an elected official’s salary
after election. The commissioners agreed to delete in item 9, “or after...” in the first sentence after
the word during so that it reads, “I will not during the term of my office, engage in any act...”

Ernest Rowley, County Surveyor, noted that he was the only current elected official present and
that he had not seen the subject document. It had not been long ago since he had sworn to support
and defend the Constitutions of the United States and of Utah and he took the oaths very seriously.
When one raised the arm to the square swearing adherence to those things, that meant more than
a signature on a piece of paper that had no remedy. He preferred that all the elected officials be
given an opportunity to see this document before approval.
Commissioner Cain moved to approve the first reading of the resolution regarding the adoption
of an Ethics Pledge in furtherance of the Weber County Strategic Plan, to circulate it for comment
and bring it back after the first of the year; Commissioner Bischoff seconded, all voting aye.

 

8. Request to approve agreement with Ogden/Weber Convention and Visitors Bureau
for Convention Promotion Management

David Wilson, Deputy County Attorney, stated that Shelleice Stokes, President of Ogden/Weber
Convention Visitors Bureau (CVB), did not have an opportunity to review the contract until today
and that she may not wish to move forward today, that Dan Olsen, County Comptroller, had posed
some questions such as whether the CVB’s reports were to be done on a monthly or quarterly
basis, and whether the CVB would be marketing the Golden Spike Event Center (GSEC). Mr.
Wilson noted that the marketing plan was to be an attachment to this document. He believed that
the CVB would be focusing solely on the Ogden Eccles Conference Center (OECC).
Commissioner Cain said that the GSEC had requested more marketing money and would be
responsible for its marketing. She suggested that Ms. Stokes help with contract language to state
that the CVB would turn over any qualified referrals, but that would be the CVB’s extent of
involvement. Mr. Stokes said that this was a shift from the original marketing plan but it could
be worked out. She reported that the CVB was on target with the first four items of the Marketing
Plan section of the contract, however, she asked for clarification on sections dealing with Kiosks
and a Weber County DVD. Additionally, she said that in the past the January payment had been
a larger amount to help the CVB with their cash flow and Mr. Olsen said that there was no problem
with that. Chair Dearden suggested an amendment so that the CVB’s Director will be evaluated
annually by the CVB board. Directors of other boards are evaluated where the county contributes
financially. This will be incorporated into the contract. This item was held until January 2.

 9. Contract with the Ogden/Weber Convention and Visitors Bureau for the
Adventure Destination Campaign - Contract C2006-205

Shelleice Stokes, President of Ogden/Weber Convention Visitors Bureau (CVB), stated that the
county had partnered with 19 others to raise $220,000 locally which was matched by Utah’s
tourism special opportunities grant for the purpose of branding the greater Weber County area as
a recreation destination.

Ms. Stokes mentioned another project that will come before the Commission in the future–the ski
transportation partnership–however, the shuttle service would like a 3-year commitment. When
the contract is finalized, she will present it to the Commission.
Commissioner Cain moved to approve Contract C2006-205 by and between Weber County and
the Ogden/Weber Convention and Visitors Bureau for the Adventure Destination Campaign;
Commissioner Bischoff seconded, all voting aye.

 

G. Public Hearing

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

2. Public meeting to open the 2006 Weber County Budget for adjustments

Dan Olsen, County Comptroller, stated that the purpose of this hearing was to take input on
adjustments to the budgets and he outlined the three types of budget adjustments made throughout
the year. A handout of these adjustment was available to the public and these included an increase
of property and sales tax revenue estimates in the General Fund, paying off the Animal Shelter
lease ($495,189), moving $464,493 back into the Storm Water Management budget (from
Engineering), transferring $500,000 from the General Fund to the Capital Projects Fund,
transferring $802,236 to the Ice Sheet and Golden Spike Event Center, a Municipal Services Fund
sales tax increase of $478,598, and adjusting revenue and proceed estimates for the library bonds
based upon actual figures ($1.6 million). 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 meeting on 2006 Weber County Budget adjustments - Resolution 35-2006
Commissioner Cain moved to adopt Resolution 35-2006 approving the 2006 Weber County
Budget adjustments; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



H. Assign Pledge of Allegiance & Thought of the Day for Tues., January 2, 2007, 2 p.m.

I. Public Comments:

Connie Chandler stated that she had been attending these meetings for many years and saw a huge
positive difference with this Commission. Ms. Chandler thanked Commissioner Cain for her good
work as Commissioner. Since this was Commissioner Cain’s last meeting, the commissioners
expressed thanks to her stating that she had raised the bar with her dedication and willingness to
put in the time to research every issue.
Commissioner Cain said that it had been a lot of fun and a great honor to serve with these two
commissioners. David Wilson, Deputy County Attorney, who had worked with commissions for
about 16 years stated that this was a great team and also expressed appreciation for Commissioner
Cain.

J. Adjourn
Commissioner Cain moved to adjourn at 11:40 a.m.; Commissioner Bischoff seconded, all voting
aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor