Minutes for 2010-07-13, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, July 13, 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, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $54,415.70
2. Warrants #263837 - #263988 in the amount of $759,793.37
3. Minutes for the meeting held on July 6, 2010
4. New Business License
5. Surplus a deluxe whirlwind show model cotton candy machine model number 3009-115 from the Weber County Recreation Department
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Department of Community Culture Division of Housing and Community Development to provide down payment assistance grants/loans to income qualifying first time home buyers in Weber County in the amount of up to $5,000.00 - Contract C2010-145

Commissioner Zogmaister stated that the Weber Housing Authority, a sub-grantee of the county, applied for this CDBG grant. The program now makes monies available in the county outside the Ogden City area, where previously the monies were used within Ogden City; the applicants have to qualify on their own credit history and must use $2,000 of their own money prior to closing; the $5,000 that the successful applicant receives does not have to be repaid if they remain in the home for five years, except for $1,000; and the price of the home cannot exceed $180,000.
Commissioner Zogmaister moved to approve Contract C2010-145 with Department of Community Culture Division of Housing and Community Development to provide down payment assistance grants/loans to income-qualifying first time home buyers in Weber County in the amount of up to $5,000.00; Commissioner Dearden seconded, all voting aye.

2. Contract with Randall W. Richards and Bernard L. Allen to provide legal services in the defense of Jacob Daniel Ethridge, Case No. 081901539 - Contract C2010-146

David Wilson, Deputy County Attorney, outlined some needed corrections of typographical errors on the contract. He noted that last year the county negotiated individual contracts with public defenders for general public defender work, which excluded death penalty cases. The Commission had considered joining the Indigent Capital Defense Fund but because that requires an equity payment of about 2-3 years to join, they determined it is not economically in the best interest of the county. The county has patterned this, and subsequent contracts, after the State’s. The first is the Ethridge case and the County Attorney’s Office asked to have the judge appoint some of the new public defenders for this case but the judge ruled against it and the county negotiated a contract with Mr. Richards and Mr. Allen to continue the case. The State generally pays $100,000 total for both attorneys. Because Mr. Richards and Mr. Allen worked under the old contract until January 2010, the prorated amount is $66,000 to finish Mr. Ethridge’s representation.
Commissioner Dearden moved to approve Contract C2010-146 with Randall W. Richards and Bernard L. Allen to provide legal services in the defense of Jacob Daniel Ethridge, Case No. 081901539; Commissioner Zogmaister seconded, all voting aye.

4. Contract with Second District Court to provide bailiff and security services to the District and Juvenile courts in Weber County - Contract C2010-147

Reed Richards, Deputy County Attorney, noted that statute has required for many years that the county provide bailiff services and in recent years added the requirement for provision of security services. The county and the State dispute the level of services to be provided. The contract amount is $557,700, which is not near the cost the county has incurred in providing these services. In a recent meeting with the Administrative Office of the Courts the county was told that is the total money available for the services. They also indicated that the method of providing these services is different in various counties (i.e., in Salt Lake County they have a bailiff pool system averaging one bailiff for two judges and they work between the judges when they are in session, and in some cases they deem a bailiff is not necessary when there are no security issues). The Weber County Sheriff’s Office is looking into whether they can reduce the number of bailiffs to reduce the costs the county is incurring.

One change was made to the contract, Exhibit C, to reflect the same rates that are being charged to others who contract with the county for deputy services. It needs to go back to the State for approval.
Commissioner Zogmaister moved to approve Contract C2010-147 with the Second District Court to provide bailiff and security services to the District and Juvenile Courts in Weber County; Commissioner Dearden seconded, all voting aye.

5. Interlocal Cooperation Agreements with the following municipalities to provide animal control services:
Washington Terrace - Contract C2010-148 Harrisville - Contract C2010-152
Plain City - Contract C2010-149 West Haven - Contract C2010-153
Farr West - Contract C2010-150 Hooper - Contract C2010-154
Huntsville Town - Contract C2010-151 Marriott/Slaterville - Contract C2010-155

Reed Richards, Deputy County Attorney, stated that in the past the animal control contracts also included sheltering services. Because of the county’s Animal Shelter facility expansion project, these two functions have been separated and sheltering is addressed in the next item. Mr. Richards has spoken with all the cities, which intend to move forward, except for one or two that are still considering this, and they were told the county will provide animal control service only if they join the animal shelter contract. Mr. Richards suggested the contracts not become effective until the cities sign both the animal control and the animal sheltering contracts. The only contract that is somewhat different is Washington Terrace–they had some changes incorporated into the contract, which are not significant. The contract amounts are the same as for the past 3-4 years, with the exception of Washington Terrace because they had been charged more and their amount has been decreased to be commensurate with the other cities.
Commissioner Dearden moved to approve Contracts C2010-148 through C2010-155, Interlocal Cooperation Agreements with the above listed municipalities to provide animal control services, with the outlined changes by legal counsel and contingent upon the cities also signing the sheltering contracts; Commissioner Zogmaister seconded, all voting aye.

 6. Request for Weber County to add the following municipalities to the 2008 Interlocal Agreement for improvements to and operation of the Weber County Animal Shelter: Resolutions 21-29, Contract C2010-156
Washington Terrace - Resolution 21-2010 Harrisville - Resolution 26-2010
Plain City - Resolution 22-2010 West Haven - Resolution 27-2010
Farr West - Resolution 23-2010 Hooper - Resolution 28-2010
Huntsville Town - Resolution 24-2010 Marriott/Slaterville - Resolution 29-2010
North Ogden City - Resolution 25-2010

See the above item. Reed Richards, Deputy County Attorney, stated that this contract is to add the above listed municipalities to the existing interlocal agreement between Ogden, Roy and the county for the construction and operation of the Animal Shelter acknowledging that the other cities are joining. He reiterated his assumption that the other cities will join. It includes the same cities as in the previous item, with the inclusion of North Ogden, which currently shelters its animals at the Ogden City shelter but will soon close. The final contract will include all the cities that actually join. To join this contract, they have to agree to stay in for the term of the bonds (20 years). There is another option for the cities that do not join: they can still send their animals to the county’s shelter, but according to the original 2008 contract, they will have to pay a 20% premium above the normal cost.
Commissioner Zogmaister moved to adopt Resolutions 21-2010 through 29-2010 approving Contract 2010-156 with the above listed cities; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

7. Approval of 2010 Tax Rates

Alan McEwan, Clerk/Auditor, presented the proposed 2010 property tax rates for all the county funds. The proposed rate is not a tax increase. The revenue that is generated by this rate approximates close to what the county adopted in the budget last December.
Commissioner Dearden moved to approve the 2010 tax rates; Commissioner Zogmaister seconded, all voting aye.

8. Contract between Children’s Justice Center and the State of Utah’s Attorney General’s Office for annual contract for services as appropriated by the Utah State Legislature and administered by the Utah Attorney General’s Office for FY2010 - Contract C2010-157

Roberta Dustin, Children’s Justice Center, stated that there will be a subsequent addendum because of some roll-over funds, but due to the contract’s timeline (their fiscal year started 7/1) they did not yet have a precise dollar amount.
Commissioner Zogmaister moved to approve Contract 2010-157 for the Children’s Justice Center with the State of Utah’s Attorney General’s Office for services as appropriated by the Utah State Legislature and administered by the Utah Attorney General’s Office for FY2010, with the request noted for a possible change in the billing terms; Commissioner Dearden seconded, all voting aye.

9. Final approval of Marcum Subdivision (2 lots)

Jim Gentry, County Planning Division, stated that there were no improvements needed for this subdivision and the Planning Commission unanimously recommended approval.
Commissioner Dearden moved to grant final approval of Marcum Subdivision (2 lots); Commissioner Zogmaister seconded, all voting aye.

 3. Contract with Heritage Ranch to partner in the production of a regional Horse Show - Contract C2010-158

Jim Harvey, GSEC, was not present to discuss this item. Commissioner Zogmaister asked about the total amount and Chair Bischoff said that Heritage has been given a $15,000 sponsorship for marketing, and when the revenue comes in, it will be split between the county and Heritage Ranch. He noted that this contract has been in place for three years.
Commissioner Zogmaister moved to approve Contract C2010-158 with Heritage Ranch to partner in the production of a regional horse show; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 20, 2010, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 10:45 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor