Minutes for 2008-11-04, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 4, 2008 - 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: Jan M. Zogmaister, Chair, Craig L. Dearden, and Kenneth A. Bischoff.

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

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

D. Consent Items:
1. Purchase orders in the amount of $32,286.42
2. Warrants #243104-243292 in the amount of $1,367,933.761 in the amount of $1,367,778.76
3. Minutes for the meeting held on October 28, 2008
4. Set public hearing for November 25, 2008, 6:00 p.m., regarding the 2009 Tentative Budget
5. Cancel the regular Commission Meeting for November 11, 2008
Commissioner Dearden moved to approve the consent items as presented; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. Resolution appointing new members to the Tourism Tax Advisory Board - Resolution 25-2008

Mike Caldwell, County Public Information Officer, presented this resolution.
Commissioner Bischoff moved to adopt Resolution 25-2008 appointing the following to the Tourism Tax Advisory Board with terms beginning immediately: Brandon Peterson, Sandy Havas and Scott Sloan with terms continuing until 12/31/2009; Bobbie Chambers, Lisa Fuller and Steve Ballard with terms continuing until 12/31/2010; Jennifer Graham, Sara Toliver and Marty Smith with terms continuing until 12/31/2011; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 

2. Approval of the Tentative Budget for 2009

Dan Olsen, County Comptroller, asked approval of this budget stating that the public hearing was scheduled for November 25, 2008. It includes a cost of living for employees and some requests from county departments have not yet been funded. The tentative budget will be posted on the website.
Commissioner Dearden moved to approve the 2009 county tentative budget; Commissioner Bischoff seconded, all voting aye.

3. Surplus part of parcel #11-105-0001

Nate Pierce, County Operations Department Director, noted that items E.3 - E.5 were related. He stated that in July 2008 Ogden City had requested permission to conduct some test drilling on a portion of this Weber County parcel in order to determine soils suitability, slope, etc., for construction of a 1 million-gallon water storage tank to improve water pressure in the northeast section of the City.
The site was determined suitable and Ogden City asked to purchase 2.07 acres with a non-exclusive access easement of an additional .22 acres for a service road and utilities to service the proposed tank.

Chair Zogmaister asked if discussions with the City had included other needs or desires of Weber County that would be beneficial to the county in the process of granting of this land to the city. Mr. Pierce responded that there were some other items being negotiated with the city including that they wanted to obtain an easement for the Bonneville Shoreline North Trail which goes through this 50-acre parcel, and for the county to consider putting in a BMX bike park and other facilities at Fort Buenaventura. Mr. Pierce said that both entities were ready to move forward with this item and thus it was separated from the others because it served a large number of citizens of the county and city.
Commissioner Dearden moved to declare surplus 2.07 acres from LSN 11-105-0001; Commissioner Bischoff seconded, all voting aye.

4. Contract with Ogden City to sell a portion of County Parcel (LSN 11-105-0001) for construction of a one million-gallon water storage tank to improve water pressure for residents in the northern part of Ogden City & to execute a Quit Claim Deed for said parcel - Contract C2008-205

See above item. Nate Pierce, County Operations Department Director, stated that an appraisal of this parcel plus the value of the easement by Bodell-Van Drimmelen Appraisers, Inc., was $22,000.
Commissioner Bischoff moved to approve Contract C2008-205 with Ogden City to sell a portion of parcel #11-105-0001 for $22,000 for the construction of a 1,000,000 gallon water storage tank and to execute a Quit Claim Deed for said parcel; Commissioner Dearden seconded, all voting aye.

 

5. Contract with Ogden City to grant a non-exclusive easement across county property (a portion of Land Serial #11-105-0001) to access a water storage tank to be constructed on a parcel to be purchased from Weber County - Contract C2008-206

See the above two related items. Nate Pierce, County Operations Department Director, stated that this non-exclusive easement granted Ogden City access to parcel 11-105-001.
Commissioner Dearden moved to approve Contract C2008-206 with Ogden City to grant a non-exclusive easement across Weber County property, a portion of Land Serial #11-105-0001, to access a water storage tank; Commissioner Bischoff seconded, all voting aye.

6. Interlocal Cooperation Agreement with Weber Human Services for the provision of specified Day Porter Service - Contract C2008-207

Nate Pierce, County Operations Department Director, stated that this contract contained a slight increase from 2008. The total of the contract is $13,410 for 2009.
Commissioner Bischoff moved to approve Contract C2008-207, Interlocal Cooperation Agreement with Weber Human Services for the provision of specified day porter service; Commissioner Dearden seconded, all voting aye.

7. Resolution to enter into Litigation to Clarify the Utah State Tax Commission’s responsibilities and duties to the several counties of Utah - Resolution 26-2008

Commissioner Dearden stated that the State Tax Commission had refunded some sales tax money to account for improper calculations by telecomm providers and inappropriate methodologies were used to calculate the amounts counties were overpaid extending to 2006. This was done without notice to the counties’ and allowing the counties to verify accuracy. Efforts had been made to work with the Utah Tax Commission but they had indicated having no intention to review or verify that its reallocation of telecomm sales tax proceeds was correct. The counties were working with the Utah Association of Counties to recoup the monies.
Commissioner Dearden moved to adopt Resolution 26-2008 entering into litigation to clarify the Utah State Tax Commission’s responsibilities and duties to the several counties of Utah; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 17, 2008, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 10:30 a.m.; Chair Zogmaister seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor