Minutes for 2010-03-09, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 9, 2010 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., 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: Kenneth A. Bischoff, Chair; Jan M. Zogmaister, and Craig L. Dearden.

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

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

D. Presentation from the National Pork Board

Lu Arnold, Promotions Director, Utah Pork Producers Association, enlightened the audience by giving a fairly comprehensive overview of the pork industry. She educates students across the State.

E. Consent Items:
1. Purchase Orders in the amount of $181,039.43
2. Warrants #259712 - #259884 in the amount of $429,659.80
3. Minutes for the meeting held on March 2, 2010
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

F. Action Items:

1. Contract with Wadman Corporation for construction of the Animal Control Building - Contract C2010-41

Undersheriff Kevin McLeod, County Sheriff’s Office, presented this contract. Chair Bischoff noted that the county has received letters from Ogden and Roy cities stating that they are participating in the project as per the agreement.
Commissioner Zogmaister moved to approve Contract C2010-41 with Wadman Corporation for construction of the Animal Control Building; Commissioner Dearden seconded, all voting aye.

2. Contract with John Wood, M.D., to provide medical services to the Weber County Correctional Facility - Contract C2010-42

Undersheriff Kevin McLeod, County Sheriff’s Office, stated that Dr. Wood had provided these services for some time and then several months ago the county contracted with a private contractor, however, this was not successful. This contract term is from 2/15 - 5/15/2010 until further decisions are made. The amount is $6,750/month, which includes the physician assistant’s portion ($2,000). Mr. McLeod addressed Commissioner Zogmaister’s question stating that the Sheriff’s Office tracks the number of billable hours. David Wilson, Deputy County Attorney, stated that Dr. Wood is providing the medical mal practice coverage.
Commissioner Dearden moved to approve Contract C2010-42 with John Wood, M.D., to provide medical services to the Weber County Correctional Facility; Commissioner Zogmaister seconded, all voting aye.

 3. Contract with the Utah National Guard to cover the costs for an after-hours security attendant at the Browning Armory for the elections June 22 & November 2, 2010 - Contract C2010-43

Douglas Larsen, Clerk/Auditor’s Office, stated that this contract covers the security attendant that is required by the Utah National Guard for after hours. It is anticipated that the contract will not exceed $150 for both dates. Mr. Larsen addressed the commissioners’ questions stating that security would be provided by a member of the Utah National Guard and that this is a standard location used for elections, however, it is the first time the county has to pay for the security attendant but it is part of their current regulations. The National Guard is not charging for the rental of the facility.
Commissioner Zogmaister moved to approve Contract C2010-43 with the Utah National Guard to cover the costs for an after-hours security attendant at the Browning Armory for the elections June 22 and November 2, 2010; Commissioner Dearden seconded, all voting aye.

 

4. Final approval of Rita Acres (1 lot) including deferral of curb, gutter & sidewalk

Sean Wilkinson, County Planning Division, noted that this subdivision is located at 1400 N. 5900 W. It meets all the requirements of the A-1 Zone. The Planning Commission recommended approval of this item with deferral of curb, gutter and sidewalk.

Mr. Wilkinson referenced the included map in the commissioners’ packets stating that the subdivision is located more than 1.5 miles away from Fremont High School and quite a distance from the elementary schools. He had spoken with Weber School District representatives regarding their busing policy and was told that generally it is 2 miles for secondary students and 1.5 miles for elementary students. In this case, the high school is within the 2 mile radius but the District still allows them to ride the bus. The county should be receiving a letter from the District within the next few days on their busing position and deferrals of curb, gutter and sidewalk. Commissioner Zogmaister noted that the county handled these deferrals according to the school districts’ current practice, however, they can change their practice anytime.
Commissioner Dearden moved to grant final approval of Rita Acres, including deferral of curb, gutter and sidewalk; Commissioner Zogmaister seconded, all voting aye.

5. Agreement with Ron Cantanzaro, originally made on January 22, 2008, concerning a time extension and final completion date for The Chalets at Ski Lake and The Summit at Ski Lake Subdivisions - Contract C2010-44

Sean Wilkinson, County Planning Division, noted that this related to an agreement entered with Ron Catanzaro on 1/22/2008 for a 3-year time extension and a final completion date. The county changed its Subdivision Ordinance in 2007 and it eliminated some of the extensions allowed under the old ordinance. It would force an expiration date on these subdivisions. In order to extend them, Mr. Catanzaro asked for this agreement, which gave him three years after which time whatever he had not recorded within those subdivisions would expire and revert to a density of one unit per three acres, rather than one unit per acre.

The minutes from the 1/22/2008 meeting state that the Commission approved the agreement, in substance, establishing a final date of completion for The Chalets at Ski Lake and The Summit at Ski Lake Subdivisions as contained in the letter from the law firm of Smith Knowles, and that an agreement be presented to the Commission in the near future for approval. However, that did not occur and the county called several times but did not receive the agreement until now, more than two years later. Mr. Catanzaro is requesting approval of that agreement today. There are approximately 10 months remaining on that agreement. Mr. Catanzaro has requested a new time extension from the Planning Commission and that will be coming before the County Commission in the near future. County Planning staff has required Mr. Catanzaro to finalize this agreement and get everything in place from the previous request before considering his other extension request.
Commissioner Zogmaister moved to approve Contract C2010-44, agreement with Ron Cantanzaro, originally made on January 22, 2008, concerning a time extension and final completion date for The Chalets at Ski Lake and The Summit at Ski Lake Subdivisions; Commissioner Dearden seconded, all voting aye.

6. Approval of “Existing Subdivision Improvement Agreement” for the Chalets at Ski Lake Phase 4 - Contract C2010-45

Sean Wilkinson, County Planning Division, stated that this subdivision was originally recorded on 2/12/2007 but prior to installing all of the improvements, the developer defaulted on the Subdivision Improvement Agreement that he entered into with the county. The county took possession of the remaining funds in that escrow. Since that time, the First National Bank of Layton has become the new owner of the subdivision and has completed the improvements and is asking to be reimbursed from the funds the county still has from the original escrow. The county will release only up to the total amount that is specified in the approved cost estimate that is included with that agreement. This agreement has been reviewed by the County Attorney’s Office.
Commissioner Dearden moved to approve Contract C2010-45, relating to an existing Subdivision Improvement Agreement for the Chalets at Ski Lake Phase 4; Commissioner Zogmaister seconded, all voting aye.

 

7. Approval of an “Existing Subdivision Improvement Agreement” for Aspen Falls Estates Cluster Subdivision including an additional $11,259.45 - Contract C2010-46

Sean Wilkinson, County Planning Division, stated that the original developer defaulted on the Subdivision Improvement agreement with the county and the county took possession of the escrow. The improvements are not yet complete. A new owner will complete those improvements and the county will refund from the escrow only up to the total amount that is specified in the agreement. The new developer was required to put up an additional $11,259.45 to cover installation of survey monuments in the roads. Commissioner Zogmaister stated that the $11,259.45 was being added to the escrow balance and Mr. Wilkinson replied that was correct.
Commissioner Zogmaister moved to approve Contract C2010-46, relating to an existing Subdivision Improvement Agreement for the Chalets at Ski Lake Phase 4, including an addition of $11, 259.45 to the escrow; Commissioner Dearden seconded, all voting aye.

8. Approval of recommendations from the Recreation, Arts, Museums and Parks Board for 2010 Grant Awards

Candadai Seshachari, RAMP Advisory Board Chair, stated that this item was presented to Weber Area Council of Governments (WACOG) last week and they recommended approval. Major projects received only three applications. Two were approved, leaving a remainder of $400,000. The Board felt that the best use of this money would be to escrow it toward the legacy project. A committee was appointed to determine how to use the money and how long to escrow it. It cannot be escrowed beyond the life of the authorization. The County Attorney’s Office is reviewing whether to amend the application/and or the ordinance.
Commissioner Dearden moved to approve the recommendations from the Recreation, Arts, Museums and Parks Board for 2010 Grant Awards; Commissioner Zogmaister seconded, all voting aye.

G. Public hearing:

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

 2. Public hearing to add Chapter 45, Planning Commission, to County Zoning Ordinance

Jim Gentry, County Planning Division, stated that currently County Ordinance Title 6 (County Government), Chapter 21, addresses Township Planning Districts, providing for appointments and other relevant procedures. This item is to rescind Chapter 21 of Title 6, and adding Chapter 45, Planning Commission, to the Zoning Ordinance. A map has been added to the ordinance that shows the boundary of the mouth of Ogden Canyon. 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:

G.2. - Adding Chapter 45, Planning Commission, to County Zoning Ordinance - Ordinance 2010-4
Commissioner Zogmaister moved to adopt Ordinance 2010-4 adding Chapter 45, Planning Commission, to the Weber County Zoning Ordinance; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 16, 2010, 10 a.m.

I. Public Comments: None

J. Motion to recess the Commission Meeting until 4:00 p.m.
Commissioner Dearden moved to recess the meeting until 4:00 p.m.; Commissioner Zogmaister seconded, all voting aye.

K. Action Items Continued

9. Resolution finalizing the terms & conditions of the issuance & sale of Sales Tax Revenue Bonds Series 2010, in aggregate principal amount of not to exceed $3,500,000; and related matters - Resolution 12-2010

Alan Westenskow, of Zion’s Bank Public Finance, county financial advisor, referred to the pricing book before the commissioners. Mr. Westenskow pointed out the advantage of doing Build America Bonds, which should save 30-40 basis points. He noted that the true interest cost of the bonds is 3.229%, which is a very low interest rate–the lowest he is aware that the county has sold bonds at. The county will pay about $233,000/year. He showed a comparison of how other bonds sold in the region, pointing out that the county received a lower rate in every category except one, and congratulated the county on its high rating report. The “AAA” rating the county received is important in keeping interest rates down. Mr. Westenskow explained that R.W. Baird’s business is to find people to buy bonds, they don’t like to sit on them, however, of the $3.2 million that sold, they took over 60%, at their risk, but this shows they felt comfortable with the county’s bonds.

Dan Olsen, County Comptroller, thanked R.W. Baird, underwriter, and Jim Blandford, of R.W. Baird, on the job they did on these bonds. He felt the county received the best rate possible. John Bond, County Treasurer, noted the great job that Mr. Westenskow had done on the market this morning.

 Wade Blake, of Ballard Spahr, county bond counsel, presented the bond resolution, as had been described, and related documents.
Commissioner Dearden moved to adopt Resolution 12-2010 finalizing the terms and conditions of the issuance and sale of Sales Tax Revenue Bonds Series 2010A, in the aggregate principal amount of $685,000 and Sales Tax Revenue Bonds Series 2010B (Build America Bonds) in the aggregate principal amount of $2,560,000; and related matters; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

L. Adjourn:
Commissioner Dearden moved to adjourn at 4:25 p.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission Alan D. McEwan, CPA
Weber County Clerk/Auditor