Minutes for 2009-11-24, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 24, 2009 - 5:30 p.m.
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, Kenneth A. Bischoff, and Jan M. Zogmaister who came into the meeting a little later.

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

A. Welcome - Chair Dearden
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Commissioner Bischoff

D. Consent Items
1. Purchase Orders in the amount of $260,021.58
2. Warrants #256321-256529 in the amount of $3,731,089.23
3. ACH payment to US Bank in the amount of $57,653.88 for purchasing card transactions made through the billing cycle ending November 16, 2009
4. Set public hearing for December 15, 2009, 10:00 a.m., to consider a seasonal trail closure
Commissioner Bischoff moved to approve the consent items; Chair Dearden seconded, both voting aye.

E. Action Items

1. Extend the expiration date of a Zoning Development Agreement (C2007-271) that was previously approved as a part of Ordinance No. 2007-31 - Contract C2009-182

Scott Mendoza, County Planning Division, stated that the petitioner was requesting amendment of an existing zoning development agreement (“agreement”) by extending the begin construction date from 11/13/2009 to 11/13/2014. The existing agreement stems from a rezoning at 4022 N. 3500 E., Liberty, of about 1.09 acres from Agricultural Valley-3 to Commercial Valley-2 approved in 11/13/2007. The 1.09 acres was then added to existing CV-2 property to form a contiguous commercial zone (totaling 1.27 acres) for new retail/professional office space. That agreement states that the petitioner was required to begin construction within two years of the final rezone approval and complete the project within 60 months of that approval. In the event the petitioner defaults, such as not beginning construction, the County Commission “shall examine reasons for the default and lack of progress” and either approve an extension or move forward with rezoning the property back to its former zone.

The project’s original begin date was 11/13/2009 with completion by 11/13/2014. The petitioner is requesting a new construction begin date of 11/13/2014 and completion of 11/13/2019. Staff considered whether the proposal still conforms to the current general plan and if five years was an appropriate time to extend and determined it still conformed to the general plan. This area has been determined favorable for commercial growth since 1969, however, staff did not feel comfortable extending the agreement so far beyond the original agreement. Both the Planning Commission and planning staff recommended amending the agreement by extending for a period of two years with a begin construction date of 11/13/2011 and completion of 11/13/2016. Mr. Mendoza addressed Chair Dearden’s question stating that if in two years the petitioner was in the same situation that the agreement allows the petitioner to make a similar request. This time frame allows the county an opportunity to review any changes that may arise in the general plan to ensure it still supports the project in two years.
Delaney Stephens, representing the petitioner, stated that Mr. Mendoza had explained the item well and that they had been actively marketing the commercial development but with the downturn economy had been unsuccessful. They hope to have a tenant in the property as soon as possible.
Commissioner Bischoff moved to approve Contract C2009-182 extending the expiration date of the Zoning Development Agreement for two years, with a begin construction date of 11/13/2011; Commissioner Zogmaister seconded, all voting aye.

2. Surplus a parcel, LSN 03-018-0026, to Ogden City to facilitate the Ogden River Development in downtown Ogden & Real Estate Sale Agreement - Contract C2009-183

Nate Pierce, County Operations Department Director, stated that there were two parts to this item. The first part was to declare this ½ ft. wide X 153 ft. long parcel surplus, which the county received as a result of a tax sale. It is in the middle of the proposed Ogden River project and Ogden City approached the county about the possibility of acquiring it.
Commissioner Bischoff moved to declare parcel LSN 03-018-0026 surplus; Commissioner Zogmaister seconded, all voting aye.

Mr. Pierce said that the second part of this item was to approve the Real Estate Sale Agreement with Ogden City and that the Quit Claim Deed was attached. The county will sell the parcel for $150.00.
Commissioner Zogmaister moved to approve Contract C2009-183, Real Estate Sale Agreement with Ogden City and the Quit Claim Deed for Land Serial Number 03-018-0026 to facilitate the Ogden River Development in downtown Ogden; Commissioner Bischoff seconded, all voting aye.

 

3. Contract with Alphacorp DBA Sire Technologies Inc. to convert the Attorney’s Office to a paperless system - Contract C2009-184

David Wilson, Deputy County Attorney, stated that converting to a paperless system would update the County Attorney’s Office and also save a substantial amount of paper, time and money. The contract amount is $34,178 to get the system started and includes the software and licenses. The annual maintenance fee is $6,856. Mr. Wilson said that initially this would be paid for out of fees that the County Attorney’s Office derives from drug court and the diversion program. Chair Dearden said that generally with software program purchases the maintenance fee for the first year is included in the purchase price and the maintenance agreement begins the second year but that it did not appear to be so with this agreement. Mr. Wilson believed it was to begin the second year but would verify it.
Commissioner Bischoff moved to approve Contract C2009-184 with Alphacorp dba Sire Technologies Inc. to convert the Attorney’s Office to a paperless system, subject to clarification that the maintenance fee starts the second year; Commissioner Zogmaister seconded, all voting aye.

 

F. Public hearings

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

2. Public hearing regarding the vacation of Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 and 44

Sean Wilkinson, County Planning Division, stated that Highlands Bluff Estates Phase 4 was originally recorded in 1992 and consisted of lots 42, 43 and 44. In 1995 those lots were consolidated into two larger lots as part of an amended subdivision called Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 & 44.

The owners of lots 42 and 43 now desire to vacate these larger lots and bring back the three lots that existed as part of the original Phase 4. This is possible because the original Phase 4 was never officially vacated. A new subdivision is not required as part of this vacation.

Chair Dearden invited public comments and none were offered.

3. Public hearing to receive public comments on the 2010 Tentative County Budget

Alan McEwan, County Clerk/Auditor, stated that the 2010 tentative budget had been adopted on 10/27/2009 and had been available for public review since that time. This hearing is being held to receive public comments prior to its final adoption. Mr. McEwan addressed some of the significant items of the budget: no tax increase in any of the county funds; new property tax revenues for the General Fund were estimated at $208,000; no increase in sales tax revenue over 2009 levels; higher retirement rates that cost $729,000 due to the Utah Retirement System’s market losses; the county’s health insurance premiums increased 1.8%; no merit or COLA increases for employees; budgetary reductions of approximately $2 million in expenditures across all county departments; and $683,000 for various capital improvements (i.e., upgrades to Ogden Eccles Conference Center, older library branches). A number of items requested by departments have not been included in this budget; only the critical needs were addressed. Adoption of the final budget is scheduled for 12/15/2009. He thanked staff and the commissioners for all the hard work put into this budget.

Dan Olsen, County Comptroller, gave an overview of the economic indicators (jobs/unemployment, permit-authorized construction, taxable sales, and legislative actions) as they pertained to Weber County. The county’s trend for the past five years in the unemployment rate has consistently been above the State rate but below the national rate and economists say that those jobs lost in building construction are gone forever or at least for decades due to what has transpired in the housing market; there is concern with the permit-authorized construction for the 2010 budget and also for 2011 as the housing market may take several years to recover; the sales tax trend is significantly impacted by the unemployment and the credit market–the county is projecting a 0% growth in the 2010 sales tax; and three legislative actions that will likely impact the budget negatively–a change in how the State calculates the certified property tax rate that will decrease revenues, elimination of restaurant tax and replacing it with a 0.1% general sales tax for tourism, and the State’s budget deficit of about $850 million. In summary, there are weak economic indicators and negative trends, the county kept its revenues flat or decreasing and 2011 is a bigger concern.

Mr. Olsen noted that this budget process started with a deficit in the General Fund of about 7% and departments were asked for reductions, which they met. He outlined the 2010 expenditures and revenues and the changes since the tentative budget. Capital Improvements were reduced and revenues have decreased significantly in the Municipal Services Fund (due to the State Commission taking about $450,000 in taxes previously assigned to the unincorporated areas; there is discussion for a 15 cents increase on a $100 room in the transient room tax for the Tourism Fund. The county had built up a small reserves fund and will use it for the loss of General Funds in a couple of areas. The county is using $832,000 from the General Fund, which at the end of 2008 had about $12 million.

Chair Dearden invited public comments and following is the list of names and their comments in summary: Steve Clarke, of Eden, thanked the Commission and staff that prepared the budget, stating that he realized this was a difficult budget year and there would be more lean financial times. He asked for favorable consideration of the Planning Department’s funding, particularly because of his concern for the Ogden Valley. Jim Mcklee, with the Freedom Coalition, thanked the commissioners and staff for holding the line on taxes–it appeared they had taken into account the difficult economy the citizens are facing but some of the special districts and cities in the county did not pick up on this trend. He suggested that the county check to see if some programs could be completely eliminated thereby, saving money and taking the county out of the downturn economy faster. He asked if there were many unfunded mandates from the State and Chair Dearden noted that they come from the federal government to the State and then to the county–such as funding for inmates who commit a State crime and are sentenced for a felony to the jail instead of the prison. The commissioners noted that funding for this has been reduced more than once but the prison population has not decreased. Other examples included Human Services and public health where the county does not receive full payment.
4. Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Zogmaister seconded, all voting aye.

5. Action on public hearings:

F.2.-Vacation of Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 and 44 - Ordinance 2009-25
Commissioner Zogmaister moved to adopt Ordinance 2009-25 vacating the Amended Highlands Bluff Estates Subdivision Phase 4, Lots 42, 43 and 44; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

F.3. - Weber County 2010 Tentative Budget

No action was needed on this item. Chair Dearden thanked staff, elected officials and department heads because it has been a difficult budget year. He expressed appreciation for the cooperation and understanding received from everyone. They had worked hard and tightened their belts as much as they could.

G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, December 1, 2009, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Zogmaister moved to adjourn at 6:16 p.m.; Commissioner Bischoff seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor