Minutes for 2009-01-27, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 27, 2009 - 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 and Jan M. Zogmaister. Craig L. Dearden participated via telephone conference.

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

A. Welcome - Commissioner Bischoff
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Dearden

D. Presentation of the Annual Wildlife Property in Lieu of Taxes check

Ron Hodson, Regional Supervisor of Wildlife Resources in Ogden, noted that when the State owns land it is removed from the tax rolls and the Division makes a payment in lieu of taxes. He presented a check in the amount of $8,150.84.

E. Consent Items:
1. Purchase Orders in the amount of $265,304.59
2. Warrants #246412-246575 in the amount of $1,176,223.68
3. Minutes for the meeting held on January 20, 2009
4. New beer licenses
5. Surplus a Plotter and radio equipment from the Engineering Office
6. Ratification of Weber County Library Board’s approval of Change Orders #7-8 to Contract C2008-201 with Jacobson Construction for the Pleasant Valley Branch Library - Contracts C2009-6 & C2009-7
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

F. Action Items:

1. Second reading of an ordinance to make certain changes to Ordinance #2006-1 which consolidated the office of County Recorder and County Surveyor

David Wilson, Deputy County Attorney, noted that this item had been on the agenda twice before and extensive discussion had occurred on this issue. The main issues included whether in separated offices a licensed surveyor was required and Mr. Wilson noted that indeed the Surveyor was required to have a license if it was a separated elected office. Under State law this may not be required–there are very few counties without an elected licensed surveyor that appoint a surveyor. The County Attorney’s Office had recommended that a combined office have a licensed surveyor. However, this significantly limited the number of candidates that can run for that office.

Commissioner Bischoff was not certain that this was the right direction and outlined some of his reasons. If in the last election a non-licensed surveyor had been elected he very much doubted we would be here today trying to get the license requirement for the surveyor to hold the office. Moving in this direction with these combined offices, it appeared to him that one office was being elevated over the other and the intention of the consolidation had been for cost savings. He did not believe it was an oversight in State Code not to have this requirement, but that it gave equal status to both of the offices that are combined.  The current requirement is that a licensed surveyor work in the office and if a non-licensed surveyor were elected it would be appropriate for that person to fill a chief deputy position with a licensed surveyor. Commissioner Bischoff felt that if this ordinance was adopted, in the future we could be eliminating from the pool of filing candidates those having a strong background in recording, title work, budget and management experience, etc., and if only one licensed surveyor ran for the office who had no experience in running an office, in budget matters, supervising people, etc., this could potentially pose a problem; he felt that it was just as important to have strong management skills.

Commissioner Dearden stated he had some of the same concerns as outlined by Commissioner Bischoff. He felt that if the offices were separate, perhaps the license should be required.

Commissioner Zogmaister spoke in favor of this amendment. She stated that when the two offices were combined, it had been the intent, that after Doug Crofts (the former County Recorder) was no longer in office, that this issue should be reviewed. She did not believe the change elevated one office over the other but that it put in place a current licensing requirement for a separated office, and if the licensing was important, she asked what difference did it make whether the offices were combined. Regarding limiting the pool, she said that anytime an elected position had additional filing requirements, it limited the pool but it ensured having more qualified individuals seeking that office. Concerning cost savings, Commissioner Zogmaister said that if no licensed surveyor ran then one must be sought and hired, and she did not see the savings in that. Commissioner Bischoff asked how many licensed surveyors were in that office. Ernest Rowley, County Recorder/Surveyor, responded that there were five and Commissioner Zogmaister noted there were no shortages in that pool.
Commissioner Dearden moved not to adopt an ordinance making certain changes to Ordinance #2006-1 which consolidated the offices of Weber County Recorder and Weber County Surveyor; Commissioner Bischoff seconded; Commissioner Zogmaister voted nay.

 

2. First reading of certain amendments to the RAMP Tax Ordinance

Candadai Seshachari, RAMP Chair, was present. Reed Richards, Deputy County Attorney, outlined the most significant ordinance changes:

? The RAMP tax is to be levied for 10 years to reflect State statute.
? Distribution of Revenues - Mr. Richards asked that a small amount of money be set aside to fund the RAMP summer program. Commissioner Zogmaister noted that small grants were not included under the example in the ordinance and Mr. Richards will include one.
? The proposed ordinance stated that after deducting the statutory administrative fee and the approved amount for small projects, the Commission would reserve 1/3 of remaining revenues for major projects. However, Mr. Richards recommended first dividing the amount three ways, taking out the major grant amount, and then dividing that figure between the others. Commissioner Dearden felt that the amounts should be divided into equal thirds rather than taking out the other two amounts. It was discovered that Commissioner Dearden did not have the last draft of the ordinance and he will address his concerns at the final reading.
? Municipal grants - each municipality is given automatic money (at least $5,000/city or $1/resident) in addition to what they apply for and the ordinance called for the RAMP grant administrator to approve the municipal grant population grant application. Mr. Richards recommended that a) these use a shorter application version to be submitted in a timely manner. Commissioner Dearden asked that the date to file an extension needed to be stated; b) the money be given out on a reimbursement basis and the funds must be expended within one year of when they are approved. Commissioner Zogmaister asked for clarification regarding whether the exception request was to go to the administrator or the Commission. Mr. Richards stated that these were small amounts and should go to the administrator.  Commissioner Dearden asked if the process allowed for grant proposal changes in the event a project fell through and the municipality could handle a less expensive project. David Wilson, Deputy County Attorney, stated that this was not specifically called out in the ordinance but had been the assumption when the language was put in and was the reason the reimbursement method was included. Mr. Wilson said that if a project changed mid year the municipality could just submit a new application to the administrator. Language will be added to allow for grant request changes.

Dan Olsen, County Comptroller, recommended preparing a genetic contract for municipal grants so that they were not identifying any specific project up-front but would have to send a completion report after spending the money. Commissioner Bischoff asked what would happen if the money was not spent properly and Mr. Olsen responded that the municipality would have to reimburse it and this would be specified in the contract. Commissioner Zogmaister was in favor of simplifying the process but felt that the intent of the funds needed to be stated up-front by the municipalities to have assurance that they planned to use the money within the grant guidelines. If there is a change, there will be a simple process to accommodate it. Commissioner Bischoff concurred, noting that they had one year to determine the projects.

? Strike that the comptroller was to approve the RAMP applications.
? Major project awards will be distributed only when all other funding is in place for the proposed project and construction contracts have been signed, or such funding is on a reimbursement basis.
? Require all RAMP funds to be expended on the approved project within one year after funds are approved for distribution by the Commission, unless an extension was applied for and granted by the Board. Alan McEwan, Country Comptroller, asked about a provision where money was distributed, the project did not materialize, and the entity received interest on the funds. Mr. Richards stated that this section was to correct that issue.
Commissioner Zogmaister moved to approve the first reading of an ordinance making certain amendments to the RAMP Tax Ordinance with the discussed changes; Commissioner Dearden seconded, all voting aye.

 

3. Contract with Premier Cleaning Services to provide custodial services for Weber Center and the USU Extension Service Building - Contract C2009-8

Doug Dickens, County Operations Department, presented this 1-year contract in the amount of $5,807/month ($69,684/year). This had gone out to bid and six companies had responded.
Commissioner Dearden moved to approve Contract C2009-8 with Premier Cleaning Services to provide custodial services for the Weber Center and the USU Extension Service Building; Commissioner Zogmaister seconded, all voting aye.

 

4. Resolution appointing members to the Ben Lomond Cemetery Maintenance District - Resolution 5-2009

David Wilson, Deputy County Attorney, stated that this item had been published and posted and the resolution before the Commission called for the reappointment of Leonard Call and the appointment of Brendon Hunt.
Commissioner Zogmaister moved to adopt Resolution 5-2009 reappointing Leonard Call and appointing Brendon Hunt, each for four years beginning immediately, to the Ben Lomond Cemetery Maintenance District; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

5. Resolution authorizing/approving (A) the conversion of the interest rate period on the Weber County, Utah Variable Rate Demand Hospital Revenue Bonds, Series 2000B (IHC Health Services, Inc.) (the “Bonds”) from their current daily rate period to a weekly rate period, and the execution and delivery of all documentation necessary or desirable in connection therewith, (B) the replacement of J.P. Morgan Securities Inc. with Wells Fargo Brokerage Services, LLC as a remarketing agent for the Bonds, and the extension and delivery of all documentation necessary of desirable in connection therewith, C) the execution and delivery of all documentation necessary of desirable in connection the substitution of U.S. Bank National Association for WestLB AG, New York Branch, as the provider fo the liquidity facility supporting the Bonds, and (D) certain related matters - Resolution 6-2009

David Wilson, Deputy County Attorney, stated that the county’s bond counsel also reviewed this item and one change had been suggested which IHC had already inserted into the resolution emphasizing that there would be no liability to the county in this process–the county was simply the conduit issuer. Jim Matsumori, of George K Baum & Company, financial advisor for IHC, noted that in February 2000 Weber County had issued bonds for/in behalf of IHC to build healthcare facilities throughout the State. The bonds are payable from IHC revenues, without any pledge whatsoever from the county. They bear interest in a different fashion than those the county issues–these are variable rate bonds. The request is to approve the substitution of liquidity, to change the rate from a daily to a weekly remarketing, and to change the remarketers from J.P. Morgan to Wells Fargo. The Commission will also sign the waiver of the 30-day period of notice on the change of the remarketing agent. J.P. Morgan had waived that right. Commissioner Bischoff emphasized there was no liability to the county.
Commissioner Zogmaister moved to adopt Resolution 6-2009 authorizing and approving (A) the conversion of the interest rate period on the Weber County, Utah Variable Rate Demand Hospital Revenue Bonds, Series 2000B (IHC Health Services, Inc.) (the “Bonds”) from their current daily rate period to a weekly rate period, and the execution and delivery of all documentation necessary or desirable in connection therewith, (B) the replacement of J.P. Morgan Securities Inc. with Wells Fargo Brokerage Services, LLC as a remarketing agent for the Bonds, and the extension and delivery of all documentation necessary of desirable in connection therewith, (C) the execution and delivery of all documentation necessary of desirable in connection the substitution of U.S. Bank National Association for WestLB AG, New York Branch, as the provider fo the liquidity facility supporting the Bonds, and (D) certain related matters; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

G. Public Hearings:

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

2. Public hearing to consider amendments to Chapter 28 Non-conforming Buildings, Uses and Parcels

Jim Gentry, County Planning Department, stated that clarifications had been made and a new section added to this chapter. Repairs and structure alterations may be made to nonconforming buildings on parcels created prior to the adoption of zoning regulations, but which are not in conformance with zoning regulations. The combining of nonconforming parcels was clarified to state that parcels conforming to area and frontage requirements, that were legally created or made legal through the provisions of this chapter, may be combined by submitting a subdivision if any of the parcels were part of a recorded subdivision or by combining parcels if they have metes and bounds descriptions.

There are many small nonconforming lots in the Ogden Canyon. A portion of Section 28-15 was rewritten to address how to calculate the reduced side yards, and two new segments were added:
1) A parcel with an existing home with or without detached structures where the yard setback(s) of the home or structure are less than required for its zone, shall be allowed to construct an addition provided that it does not encroach into existing setbacks further than the existing home.
2) A parcel with an existing home with or without detached structures where the home or structure is located within a stream corridor setback shall be allowed to construct an addition provided that the addition is constructed where it does not encroach into the stream corridor setback further than the existing home or structure. Yard setbacks for legal non conforming parcels shall conform to the listed requirements.

Commissioner Bischoff invited public comments and following is a summary: Helen DeHay stated that in 2001 she had purchased a 700 square ft. cabin formerly part of the Pineview Summer Homes that used to be on federal land. She desired to add onto the cabin to enjoy it with her family. There was no one adjacent and she would be in compliance if this was adopted. Doug Wilkinson, of Morgan County, stated he was the contractor for Ms. DeHay’s project and asked that this be adopted. He lives in a log cabin built in 1885. Nick Breeze, of Ogden Canyon, said that this item would be a good change if it was for lots with existing buildings and Mr. Gentry responded that the main change to the ordinance stated “with structures and homes.”

3. Public hearing on proposed amendments to Chapter 36, Design Review of the Weber County Zoning Ordinance

Justin Morris, County Planning Department, outlined the amendments. The major one was that all plans are to be reviewed/approved by the Planning Commission with the exception that small buildings with a total footprint of less than 10,000 square feet and a project area of less than one acre are to be reviewed/approved by the Planning Director (permitted uses only) after meeting all the applicable requirements. Other amendments included landscaping requirements and sprinkling or drip irrigation heads. Commissioner Zogmaister asked for the reason for the increase of turf grass and Mr. Morris responded that the previous requirement of 400 sq. ft. for one acre parcel was quite minimal. Mr. Morris stated that both Planning Commissions and staff recommended approval. Commissioner Bischoff invited public comments and none were offered.

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

5. Action on public hearings:

G.2. - Amendments to Chapter 28 Non-conforming Buildings, Uses and Parcels- Ordinance 2009-2
Commissioner Zogmaister moved to adopt Ordinance 2009-2 to amend the Weber County Zoning Ordinance, Chapter 28, Nonconforming Buildings, Uses and Parcels; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

 G.3. - Amendments to Chapter 36, Design Review of the Weber County Zoning Ordinance - Ordinance 2009-3
Commissioner Dearden moved to adopt Ordinance 2009-3 amending the Weber County Zoning Ordinance, Chapter 36, Design Review; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 3, 2009, 10 a.m.

I. Public Comments:

Andy Lutz, Roy resident and a firefighter Emergency Medical Technician, expressed concerns with the proposed State budget cuts. One area of concern was the impact to Weber Human Services’ (WHS), substance abuse and prevention program. Mr. Lutz stated that Weber County has extreme problems with drugs and alcohol. The prevention department was county and State funded and if this area was cut, it would have an adverse affect on Weber County. In all of his years in this work he had not seen so much drug and alcohol abuse as he has recently. As a first responder to emergency situations (and he also volunteers for drug and alcohol abuse), the most dangerous situations he faces deal with drugs and alcohol. Mr. Lutz expressed public safety concerns and stated that there was a great group of college educated drug-prevention employees at WHS and if they lost their jobs, drug abuse and crime would become more rampant, thus cutting out a few people would seriously affect many. He asked the commissioners to talk with State legislators to let them know it was not acceptable to cut prevention programs at WHS and throughout the State. Commissioner Bischoff agreed stating that the commissioners understood the ramifications and would be working hard on this issue.

J. Adjourn
Commissioner Dearden moved to adjourn at 11:18 a.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor