Minutes for 2007-07-10, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, July 10, 2007 - 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: Kenneth A. Bischoff, Jan M. Zogmaister, and Craig L. Dearden.

Others Present: Alan D. McEwan, Clerk/Auditor; Monette Hurtado, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Monette Hurtado
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase orders in the amount of $88,067.79
2. Warrants #227342-227464 in the amount of $972,276.08, less #227392 for $119.00 (to be voided)
3. Minutes for the meeting held on July 3, 2007
4. Cancel the Regular Commission meetings for July 17 and July 24, 2007
5. Request to call a Special Commission Meeting for July 19, 2007 at 10:00 a.m
Commissioner Dearden moved to approve the consent items as presented; Commissioner
Zogmaister seconded, all voting aye.

E. Action Items:

1. Acceptance of the Presentation of the Weber County 2006 Comprehensive Annual
Financial Report (CAFR)

Alan McEwan, Weber County Clerk/Auditor, stated that the CAFR gave the financial condition
of the county, which was in very good financial standing. The Report to Citizens (a summary of
the CAFR), was available at this meeting. Mr. McEwan thanked Dan Olsen, County Comptroller,
his financial staff, other county departments, and Schmitt Griffiths Smith & Co., PC (independent
auditors) for their outstanding job in this process. Mr. Olsen gave highlights of the CAFR,
including new schedules now required by the State Legislature. The county had been conservative
in its management and received a clean audit opinion. Sherm Smith, of Schmitt Griffiths, stated
that the county’s financial staff was commendable which was important because the competence
and ability of the individuals performing accounting tasks was vital. Chair Bischoff thanked
everyone involved in this audit process which provided fiscal responsibility to the citizens.
Commissioner Zogmaister moved to accept the Weber County 2006 Comprehensive Annual
Financial Report; Commissioner Dearden seconded, all voting aye.

2. Final approval of the Ward Acres Subdivision Phase 3, 5 lots, located at 3150 East
4100 North, Liberty area, with a $65,000.00 financial guarantee and deferral of
curb, gutter and sidewalk

Scott Mendoza, County Planning Department, stated that the petitioner was present. This
subdivision contains about 18.45 acres with about 300 feet of public road improvements. The
Planning Commission had unanimously recommended approval of this item. Commissioner
Dearden asked about key points discussed by the Planning Commission and Mr. Mendoza
responded that in the next subdivision phase there would be construction of a road connecting to
3300 East but that a temporary construction road to avoid the Bailey Acres Subdivision would not
be constructed. Some Bailey Acres residents had expressed concerns about a lot of heavy
equipment going through their subdivision, however, it had been determined that the 300 ft. of
road improvements would not be a drawn out construction process and would not have a big
impact on the neighbors. Commissioner Zogmaister noted that this item met Ogden Valley’s
General Plan requirements, including pathways, and asked if people were generally receptive to
pathways. Mr. Mendoza replied that people genuinely liked the idea of maintaining the rural area
in the Ogden Valley, however, deferrals for curb, gutter and sidewalks were being recorded with
subdivision plats so these improvements could be called in when necessary.
Commissioner Dearden moved to grant final approval of the Ward Acres Subdivision Phase 3 (5
lots), located at approximately 3150 East 4100 North in the Liberty area, with a financial guarantee
in the amount of $65,000.00 and with deferral of curb, gutter and sidewalk; Commissioner
Zogmaister seconded, all voting aye.

3. Contract with the State Department of Community & Culture, Division of
Housing & Community Development, to update restrooms at the North &
Southwest Library Branches to bring them in compliance with ADA - Contract
C2007-190

Kevin Pendleton, Weber County Library, stated that the federal government had released the
Community Development Block Grant money to the State and this contract was the next step in
obtaining those funds.
Commissioner Zogmaister moved to approve Contract C2007-190 by/between Weber County and
the State Department of Community & Culture, Division of Housing & Community Development,
to update the restrooms at the North Branch Library and Southwest Branch Library to bring them
in compliance with the ADA; Commissioner Dearden seconded, all voting aye.

F. Public Hearing

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

2. Public hearing on a petition to remove Land Serial Number 15-054-0010, located at
approximately 1800 S. 4700 W., from an Agriculture Protection Area

Fátima Fernelius, Clerk/Auditor’s Office, stated that a petition for removal of parcel 15-054-0010
from an Agriculture Protection Area had been received by the Clerk’s Office from Mary Costesso.
The petitioner had paid the established fee and notices of this public hearing had been sent to all
owners within 1,000 feet of this proposal.

Chair Bischoff invited public comments and none were offered.

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

4. Action on public hearing:

F.2.- Public hearing on a petition to remove LSN 15-054-0010 from an Agriculture
Protection Area
Commissioner Zogmaister moved to approve the petition to remove parcel #15-054-0010 from an
Agriculture Protection Area; Commissioner Dearden seconded, all voting aye.

 Continuation of Action Items:

E-4. Discussion and/or action on approval of an Interlocal Cooperation Agreement
by/between Weber County and Utah Transit Authority (UTA)

Bruce Jones, general counsel for UTA, stated that he was visiting governmental entities in the
transit district to present this item. The legislature at its last legislative session removed the
food sales tax effective January 1, 2008 and the UTA was seeking a sales tax increase from
.25% to .30% to simply offset transit revenue shortfall; it did not trigger any projects. Without
the increase the UTA would have to decrease services. Mr. Jones said that the net effect for
Weber County was a slight decrease in sales tax and the intent had been to decrease the burden
on lower-income persons through elimination of the food sales tax. This would increase the
first quarter cent tax of the two quarter cent tax increases the county had imposed for transit.
The tax increase would generate about $400,000 annually from Weber County.

Mr. Jones addressed the commissioners’ questions stating that the proposed increase would
be used for all transit purposes, no other entities had yet added the .05% increase but in Utah
and Salt Lake counties the increase was part of an interlocal agreement expected to be
approved this month. Commissioner Zogmaister noted that this proposed tax would run
through 2057 and asked what the .05% increase would accomplish. Mr. Jones responded that
it probably would extend further than 2057 in order to accommodate long term bonds on
projects. The three commissioners expressed frustration with the method the legislature had
used–it had removed a tax and placed the burden on Weber County and others to place another
tax. The tax would not increase services, would not change the benefits in Weber County, but
would only make up for the tax that the legislature had removed. Chair Bischoff noted that the
public perception would be that this was another tax increase imposed by the County
Commissioners without any public input. Additionally, the county had just imposed a $10 fee
effective July 1, 2007, there were already two quarter cent taxes for transportation and a third
quarter cent sales tax increase was slated for the November ballot relating to new projects.

Blake Wade, Attorney, Ballard Spahr Andrews & Ingersoll, had prepared the interlocal
agreement between the UTA and Weber County, providing for the increase of the basic tax by
the county, that the two taxes would continue to be levied for the period of the agreement, and
the UTA would use the revenue for the repayment of their debt incurred for various transit
projects. The State Tax Commission will transfer the tax directly. Commissioner Dearden
noted that the county was in a difficult position because of the legislature–which looked good
because it cut taxes; the county looked bad because it increased them, however, if the county
did not impose the increase it would appear not to support transit. Commissioner Zogmaister
suggested that language be added to the interlocal agreement that at least the minimum taxes
collected from Weber County would flow back to Weber County and the other commissioners
agreed. Mr. Wade stated that the final document would be prepared for the Commission’s
approval with the suggested language.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 19, 2007, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 11:15 a.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor