Minutes for 2009-03-31, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 31, 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: Craig L. Dearden, Chair, Jan M. Zogmaister and Kenneth A. Bischoff. Commissioner Zogmaister was excused early to attend another meeting.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Dearden
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Commissioner Zogmaister
D. Presentation of Certificate of Achievement for Excellence in Financial Reporting Award
Laurie Harvey, State Representative of the Utah Government Finance Officers Association, presented this Certificate, which is the highest recognition in governmental accounting and financial reporting. Its attainment represents a significant accomplishment and only 10% of 40,000 State and local governments earn this award. This is the 17th consecutive year that Weber County has received it and it is one of only three counties in Utah to receive it. Ms. Harvey recognized the work of the Clerk/Auditor’s Office and stated that this award was indicative of a well run county. Alan McEwan, Clerk/Auditor, stated that Dan Olsen, County Comptroller, and his staff spent many hours on the Comprehensive Annual Financial Report and expressed thanks to all the staff. Chair Dearden noted the achievement of receiving this award for 17 consecutive years.
Chair Dearden noted that the County Attorney, Mark DeCaria, applied for judgeship and had now been appointed to the Second District Court. The commissioners expressed gratitude to Mr. DeCaria for his great service and integrity. Mr. DeCaria, who had been with the county since 1988, said that the county was extremely well run and the commissioners had done a fine job to uphold the public trust.
E. Consent Items:
1. Purchase Orders in the amount of $76,400.17
2. Warrants #248318 - #248664 in the amount of $1,060,393.16
3. Minutes for the meeting held on March 24, 2009
4. New business licenses
5. Surplus office equipment from the Weber County Animal Shelter
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.
F. Action Items:
1. Request for approval of Summary and Chronology; Key Issues for the Ogden Valley
Rob Scott, County Planning Department, reported that the 12th joint work session of the County Commission and the Ogden Valley Planning Commission had been held on 3/19/2009. Discussion had included the density section of the destination recreation and resort ordinance. It had been concluded that the density section is a reflection of previous direction from County Commissions and staff will continue to pursue completion of this ordinance based upon that direction. At that session, Tage Flint, Weber Basin Conservancy District General Manager, had made a presentation on the future of water resources in the Ogden Valley. Mr. Scott noted that the Ogden Valley Planning Commission discussed the Summary of Key Policy Issues for the Ogden Valley on 3/24/2009 and recommended that the County Commission approve that summary and chronology. Commissioner Zogmaister had attended all of the meetings and could attest that the summary was accurate. Mr. Scott stated that no official action would take place until the items were brought before the Commission for specific approval.
Commissioner Zogmaister moved to approve the attached summary and chronology on key issues for the Ogden Valley; Commissioner Bischoff seconded, all voting aye.
2. Contract with the Town of Huntsville to provide for the installation of mobile satellite wireless system components to existing Huntsville street lights within Weber County - Contract C2009-92
Eli Johnson, County Emergency Management, noted that previously the county had signal coverage in the Town of Huntsville at the former elementary school which was now closing. The county will install remote Internet router devices on Town street lights and these hookups allow live video surveillance of critical infrastructure facilities and provide remote Internet access to public safety and Town vehicles. Chair Dearden asked who would pay for the electric power charges and Mr. Johnson responded that Huntsville will pay the additional power costs.
Commissioner Bischoff moved to approve Contract C2009-92 with the Town of Huntsville to provide for the installation of mobile satellite wireless system components to existing Huntsville street lights within Weber County; Commissioner Zogmaister seconded, all voting aye.
3. Contract with the Ogden/Weber Convention Visitors Bureau (CVB) to promote and foster tourism in Weber County - Contract C2009-93
Commissioner Zogmaister, who sits on the CVB Board stated that she had reviewed the figures and the CVB was doing a fine job in Weber County. Transient room and restaurant taxes had increased as well as room nights in 2007-2008, which was rather amazing in this downturn economy. Commissioner Bischoff asked if the contract amount was visited annually and David Wilson, Deputy County Attorney, replied that the annual budget will be based upon the Commission-approved Marketing Plan and that if the Commission changes the amount of compensation, the Commission would approve an addendum to this contract. Chair Dearden noted that this was essentially the same as the previous contract.
Commissioner Zogmaister moved to approve Contract C2009-93 with the Ogden/Weber Convention Visitors Bureau to promote/foster tourism in Weber County; Commissioner Bischoff seconded, all voting aye.
4. Contract with Central Weber Sewer District for a wholesale wastewater treating agreement - Contract C2009-94
David Wilson, Deputy County Attorney, stated that this contract had been approved previously (11/18/2008) but some municipalities had suggested a change and this was to terminate the prior one and approve the modification, which was also beneficial to the county: should the county terminate or refuse sewer service to any retail customer of the county at the request of the District, the District will hold the county harmless against any liability to the affected retail customer.
Commissioner Bischoff moved to terminate the previous contract and approve the modified Contract C2009-94 with Central Weber Sewer District for a wholesale wastewater treating agreement; Commissioner Zogmaister seconded, all voting aye.
5. Action on the Tax Review Committee’s recommendations regarding land serial numbers 02-012-0021 and 16-265-0031
02-012-0021 - John Bond, County Treasurer’s Office, stated that A.E. Rounds had died on 11/15/2008 and his brother, Rod Rounds, assumed responsibility to resolve some of his bills. The deceased Mr. Rounds was the only owner of record. Commissioner Zogmaister noted that Mr. Rounds had not paid taxes from 2005 through 2008. His brother has recently paid about $12,000 in taxes for prior years and asked that the penalty of $51.17 be waived on the 2008 taxes for LSN 02-012-0021. Under legal counsel’s advice, the Review Committee considered that rarely does this Committee recommend waiving penalty and/or interest on commercial properties. David Wilson, Deputy County Attorney, noted that the Commission exercises great latitude when it comes to selling a residential property at tax sale. He noted that during his assignment as legal advisor to the Commission, he is unaware of any time the Commission took an occupied residence at tax sale. Of the five voting members two voted to waive the penalty. Chair Dearden noted that this was a sole business owner who had died 15 days prior to taxes being due and in the normal process there would be other partners to handle the situation, even though Mr. Rounds had not been a reliable taxpayer.
Commissioner Zogmaister moved to follow the Tax Review Committee’s recommendation for LSN 02-012-0021 and deny the request to waive the penalty based on the advice of counsel and that it was a commercial property; Commissioner Bischoff seconded; Chair Dearden voted nay.
16-265-0031 - Last summer Ms. Tafoya had come to the county to make sure her veteran’s tax exemption would be transferred to her new house, which at that time had not been built, and she had also returned in November, both times asking if taxes were due on her new house. County Treasurer staff could not find her land serial number or if taxes were due. Eventually she received a delinquent letter in January and she returned to the county. Mr. Bond stated that although there were other confusing circumstances related to this item, all Tax Review Committee members had agreed that she should have been able to learn if taxes were due on her two visits to the county and recommended waving the penalty ($37.50) and interest ($14.08). Mr. Bond said that better methods had been implemented to handle this type of issue in the future.
Because of Ms. Tafoya’s efforts to resolve this issue, Commissioner Bischoff moved to waive the penalty and interest on LSN 16-265-0031; Commissioner Zogmaister seconded, all voting aye.
6. Capital Lease Financing Agreement with Chase Bank for financing the purchase of vehicles for the county fleet and heavy equipment for the Roads Department - Resolution 12-2009, Contract C2009-95
Dan Olsen, County Comptroller, stated that this contract was to purchase 34 replacement county fleet vehicles, of which 7 are being purchased off the residual. A loader and dump truck are also being purchased. Chase was the low interest bidder: 5-years at 3.47% with no penalty for early repayment after the second year. This requires an escrow agreement and the county will pay the vendors.
Commissioner Zogmaister moved to adopt Resolution 12-2009, Contract C2009-95,Capital Lease Financing Agreement with Chase Bank for financing the purchase of county fleet vehicles and heavy equipment for the Roads Department; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye
7. Resolution of the Board of Commissioners of Weber County appointing members to the North View Fire District - Resolution 13-2009
Chair Dearden stated that an election was held in November 2008 wherein the voters of North Ogden, Pleasant View and Harrisville cities voted to approve the creation of this District. A letter had been received from the chairman of the North View Fire Agency requesting that Weber County appoint an interim board to run the affairs of the District until such time as an elected board could be constituted, and a list of seven names had been submitted. David Wilson, Deputy County Attorney, stated that he had spoken with Leonard Call, North View Deputy Fire Chief, about the statute that precludes a person from running for two elective offices at the same time. Mr. Call indicated that Mark Anderson, legal counsel to North View, advised them in a similar fashion.
Commissioner Bischoff moved to adopt Resolution 13-2009 accepting the recommendations to appoint Richard S. Hendrix (Harrisville), Grover W. Wilhelmsen (Harrisville), Gary A. Harrop (North Ogden), Martha J. Harris (North Ogden), Douglas M. Clifford (Pleasant View), Mae M. Ferguson (Pleasant View), Jeffery H. Pearce (Harrisville), to the North View Fire District; Chair Dearden seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Dearden aye
8. Resolution repealing Resolution 22-2005 and its predecessor resolution relating to the Public Lands Advisory Council - Resolution 14-2009
David Wilson, Deputy County Attorney, stated that years ago the County Commission had created an advisory board called the Public Lands Advisory Council to advise the Commission in regard to the uses and also the sales of certain lands owned by the county. The founding resolution required the Council to meet on a quarterly basis but there was seldom any work for the council. Because of the lack of work for the council to consider, the Commission has determined to dissolve the council. The Commission will establish a temporary advisory board as it deems necessary.
Commissioner Bischoff moved to adopt Resolution 14-2009 repealing Resolution 22-2005 and its predecessor resolution relating to the Public Lands Advisory Council; Chair Dearden seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Dearden aye
9. Ordinance of Weber County amending Section 6-11-10-2 of the Weber County Purchasing Ordinance - Ordinance 2009-9
See previous item. David Wilson, Deputy County Attorney, stated that this change in the purchasing ordinance is necessary as the Public Lands Advisory Council has now been dissolved.
Commissioner Bischoff moved to adopt Ordinance 2009-9 amending Title 6, Section 11-10-2 of the Weber County Purchasing Ordinance; Chair Dearden seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Dearden aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 7, 2009, 10 a.m.
H. Public Comments:
Nila Dayton, County Treasurer, recognized John Bond, County Treasurer’s Office, for discovering that UDOT had not paid interest for 2007 and 2008 to the eight counties that receive the transportation and corridor preservation fund. UDOT has now paid a total of $782,917 between the counties.
David Wilson, Deputy County Attorney, stated that the Governor had signed SB53 yesterday which did away with private Attorney General fees, which was an important accomplishment. He also expressed what an honor it had been to work with Mark DeCaria, former County Attorney.
I. Adjourn
Commissioner Bischoff moved to adjourn at 11:00 a.m.; Chair Dearden seconded, both voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor