RAMP TAX ADVISORY BOARD

Arts and Museum Committee

Recreation and Arts Committee

Policies and Procedures

RULES OF ORDER

RAMP Tax Advisory Board

Heather Carlson, Chair

MareshaBosgieter

Jeremy Dunn

Raquel Lee

Ann Parry

Danette Pulley

Ryan Wilkinson

Recreation and Parks Committee

MareshaBosgieter, Chair

Colby Bockwoldt

Jeremy Dunn

Tim Hutter

Steven Schoof

Ryan Wilkinson

Karla Woodward

Arts and Museum Committee

Ann Parry, Chair

Steven Crane

Raquel Lee

David Owen

Danette Pulley

Terry Schow

Jolene Zito

I. Authority and General Purpose

  1. The Utah Legislature has authorized Weber County to enhance public financial support of botanical organizations, cultural organizations, cultural facilities, and recreation facilitiesthrough the imposition of a county sales and use tax pursuant to Utah Code Ann. § 59-12-701 et seq. As such, Weber County has authorized the collection of a local sales and use tax of one-tenth of one percent for this purpose. Weber County Code § 34-6-1 et seq. This tax is commonly referred to as the Recreation, Arts, Museum, and Parks (“RAMP”) tax.

II. Organization and Membership

  1. Collection and distribution of RAMP tax revenue is overseen by the Weber County Commission (“Commission”). To aid in this process, the Commission has authorized the creation of a RAMP Tax Advisory Board (“Advisory Board”), an Arts and MuseumCommittee, and a Recreation and ParksCommittee. Weber County Code § 34-6-7.
  1. General Advisory Board and Committee Organization:
  1. Advisory Board and committee members are appointed and reappointed by the Commission after receiving and reviewing applications;
  1. Notices of vacancies for open positions may include: postings in local newspapers, social media, and other forms of advertising. The respective chairs of the Advisory Board and committees shall meet to discuss applications, interview potential candidates, and make recommendations to the Commission for consideration and approval;
  1. Advisory and committee members shall serve terms of three years and continue serving until the appointment and qualification of a successor is made;
  1. Advisory Board and committee members may serve two successive full terms, except that an initial term or vacancy appointment that is for one year or more shall constitute a full term;
  1. An individual member may be reappointed to the Advisory Board or a committee after two successive terms, provided the individual has not served on the Advisory Board or a committee for a period of three years;
  1. Upon expiration of a member’s term, a successor shall be appointed for a full term of three years;
  1. Members of the Commission’sstaff shall be assigned toserve as RAMP liaisons to the Advisory Board and committees. The liaisons shall have the following duties:
  1. Give notice of all meetings, keep a record of members in attendance at meetings, read communications, resolutions, and other papers which are ordered to be read by the chairperson of the meeting, and notify members when correspondence is received from various sources;
  1. Keep minutes of the proceedings of the Advisory Board and committees and to record the same;
  1. Keep and maintain a record file of all documents and papers pertaining to the work of the Advisory Board and committees;
  1. Perform other such duties as may be required by the Commission, Advisory Board, and committees.
  1. Advisory Board
  1. The Advisory Board shall consist of seven members.
  1. The Commission shall appoint an Advisory Board chairperson who is a leader in the community and that represents both cultural and recreationalinterests.
  1. The chairperson shall serve in that position for a one year period and may be reappointed by the Commission to serve additional terms. The appointment of a chairperson shall occur on or about September 30th of each year.
  1. The chairperson shall preside at all meetings of the Advisory Board. The duties of the chairperson include:
  1. At each meeting, the chairperson shall announce the business before Advisory Board in the order in which it is to be acted upon;
  1. Receive and submit in the proper manner all motions and propositions presented by members of the Advisory Board;
  1. Put to a vote all questions, which are properly moved, or necessarily arise in the course of proceedings, and to announce the result thereof;
  1. Maintain the order of meetings;
  1. Authenticate by signature when necessary, or when directed by the Commission, all of the acts and proceedings of the Advisory Board;
  1. Make recommendations and suggestions to the Commission concerning the business, affairs, and policies of the Advisory Board;
  1. The chairperson may delegate such duties and responsibilities to another member of the Advisory Board if he/she is unable to attend any given meeting.
  1. Three members of the Advisory Board shall be appointed to represent the interest of arts and museums. The additional three members shall be appointed to represent recreation and parks.
  1. Two members of the Advisory Board shall also be selected by the Commission to serve as committee chairpersons and shall serve for a one-year period with successors to be appointed on or about September 30th of each year.
  1. The Advisory Board is charged with the following duties:
  1. To develop application and review criteria for the approval of major project distributions, municipal and unincorporated distributions, botanical organization distributions, cultural facility and cultural organization distributions, and recreational facility distributions;
  1. To develop and recommend to the Commission a calendar including application deadlines, application review schedules, and revenue distribution schedules;
  1. To review, develop, and prioritize recommendations for all categories of projects;
  1. To develop and recommend to the Commission for the adoption of any other policy, procedure, or process for carrying out its duties;
  1. Once approved, these policies shall be included in this document for future reference.
  1. Arts and Museums Committee
  1. The Arts and Museums Committee represents the interest of the arts, culture and museums within the County and shall prepare and make recommendations for use of RAMP tax revenues to the Advisory Board for consideration.
  1. The Arts and Museums Committee shall consist of seven members appointed by the Commission after receiving and reviewing applications.
  1. Three members shall be members of the Advisory Board representing cultural interests.
  1. Recreation and Parks Committee
  1. The Recreation and Parks Committee represents the interest of recreation and parks within the County and shall prepare and make recommendations for use of RAMP tax revenues to the Advisory Board for consideration.
  1. The Recreation and Parks Committee shall consist of seven members appointed by the Commission after receiving and reviewing applications.
  1. Three members shall be members of the Advisory Board representing recreational interests.

III. Member Conduct

  1. Preparation. Members of the Advisory Board and committees shall take such time as necessary to prepare themselves for meetings.
  1. Attendance. Every member of the Advisory Board and committees is expected to attend regularly scheduled meetings unless duly excused, or unless unable to attend because of extenuating circumstances. Any member desiring to be excused shall notify the assigned liaison. The liaison shall call the same to the attention of the respective chairperson.
  1. Conflicts of Interest. A member of the Advisory Board and/or a committee who knows that he/she has a conflict of interest in a matter on the agenda for that meeting shall state that such a conflict of interest exists. For example, a conflict of interest may exist if any member has a present or future financial interest, direct or indirect, in any project or property that is included in, or planned to be included in, any project. A member who feels that he/she, or any other member, may have a conflict of interest on any matter that is on the agenda shall explain the possible conflict and the Advisory Board or committee shall then vote to decide whether an actual, apparent, or reasonably foreseeable conflict of interest exists. A member who has a conflict of interest may participate in the discussion, but shall abstain from voting on that matter. Prior to reviewing applications each year, members of the Advisory Board and committees shall declare any known conflicts of interest by filling out and signing a form provided by the liaisons.
  1. Gifts and Favors. No Advisory Board or committee member shall knowingly receive, accept, take, seek, or solicit, directly or indirectly, any gift, compensation or loan for themselves or another if it tends to influence them in the discharge of duties. Exceptions to this are: an occasional non-pecuniary gift, having a value less than $50 or an award publically presented in recognition of public service. Utah Code Ann. § 17-16a-1 et seq. If an applicant chooses to provide tickets to attend a RAMP sponsored event to members of the Advisory Board and committees, the applicant shall make coordinate with the liaisons to ensure all members have access to tickets and an opportunity to attend.
  1. Removal. A member may be removed from serving on the Advisory Board or committees for cause, which may include, but is not limited to, inefficiency, neglect of duty, or misconduct in office. Removal from office shall occur upon an affirmative vote of the Commission.

IV. Meetings

  1. Meetings of the Advisory Board and committees shall be scheduled as deemed necessary and appropriate to conduct business.
  1. Place. Meetings of Advisory Board and committees shall be in the Weber County Commission Office Conference Room located on the third floor at 2380 Washington Blvd, Ogden, Utah. If the conference room is not available on those dates, the meeting may be held in another room at the Weber Center Building.
  1. All meetings of the Advisory Board and committees shall conform to the requirements set forth in Utah’s Open and Public Meetings Act. Utah Code Ann. § 52-4-101 et seq.
  1. Records of the Advisory Board and committees shall be kept, managed, classified, and disclosed of by county ordinance and state law, including the Government Records Access and Management Act. All requests to inspect or receive documents shall be forwarded and handled by the liaisons.
  1. Participation in meetings may take place through telephonic and other electronic means provided that the notice and other applicable requirements of the Open Meetings Act are satisfied and all members, whether present in person or participating via electronic means, can participate in the proceedings and vote on any motion presented.

V. Distribution of Revenues

  1. Revenues derived from the RAMP tax are distributed to according to criteria set forth in Weber County Code § 34-6-8, which are:
  1. Following a deduction of a statutory administrative fee and an amount for small grants and projects (an amount recommended by the Advisory Board), the Commission will reserve one-third of RAMP tax revenue for major projects in a fiscal year. Major project means a funding request in an amount of $200,000 or more.
  1. The Commission will then reserve for each municipality and the unincorporated area of the County an amount of not less than $5,000. If a municipality or the unincorporated area of the County has a population exceeding 5,000, the amount shall be $1.00 for each resident as stated in the most recent U.S. Census Bureau annual city-level population estimates.
  1. The remaining balance shall be reserved in equal amounts for arts and museums and for recreation and parks projects.
  1. Funds that are not allocated by a committee in a given year shall be available for allocation by the Advisory Board in that year, or if not allocated in that year, shall be rolled over into the following year for allocation.

VI. Application and Approval Process

  1. RAMP grants are available to fund botanical organizations, cultural facilities, cultural organizations, and recreational facilities. In determining whether an applicant may receive RAMP funds, the following definitions, as taken from state statute and county ordinance, apply:
  1. Botanical organization means a private nonprofit organization or institution, including an administrative unit, having as its primary purpose the advancement and preservation of plant science through horticultural display, botanical research, and community education;
  1. Cultural facility means any publically owned or operated museum, theater, art center, music hall, or other cultural or arts facility;
  1. Cultural organization means a private nonprofit organization or institution, including an administrative unit, having as its primary purpose the advancement and preservation of natural history, art, music, theater, dance, or cultural arts, including literature, a motion picture, or storytelling. Cultural organizations also include a municipal or county council having as its primary purpose the advancement and preservation of history, natural history, art, music, theater, or dance.
  1. Recreational facility means a publicly owned or operated park, campground, marina, dock, golf course, playground, athletic field, gymnasium, swimming pool, trail system, or other facility used for recreational purposes.
  1. If the above listed definitions are modified by state statute and/or county ordinance, the modified definitions shall apply and the definitions in this policy shall be updated accordingly.
  1. Applicants shall fill out and submit the applicable commission-approved RAMP application. Application forms shall be made available on the general Weber County website and will be distributed by the liaisons upon request. Applicants shall also be made aware of all applicable deadlines. Application forms shall be reviewed by the Advisory Board annually and updated as needed. Recommended updates shall be forwarded to the Commission for approval.
  1. Each entity applying for RAMP funds shall only be allowed to apply for onemajor project, three arts and museum projects, and three recreation and parks projects in one funding year. In addition, entities will be allowed to submit up to three EZ grant applications for arts and museum projects and three recreation and parks projects. An exception to this policy is that a county or municipality, acting as an umbrella agency for another entity and applying on their behalf, will not have those applications count toward the county or municipality’s application limit.
  1. Prior to applications being considered by the Advisory Board and committees, the chairs and liaisons shall meet with assigned legal counsel to determine if the applications comply with state statute and county ordinance. Applications deemed not to be in compliance shall be removed and not forwarded for consideration.
  1. RAMP applications will be scored pursuant to the applicable commission-approved score sheets. Applications for major projects shall be reviewed by the Advisory Board. All other applications shall be forwarded to the appropriate committees who will make recommendations to the Advisory Board for review. (Applications received from botanical organizations shall be assigned to a committee by the Advisory Board on a case-by-case basis depending on the proposed use of funds.) The Advisory Board shall review the applications and forward their recommendations to WACOG for review and comment. Applications will then be sent to the Commission to review for consideration and approval. If the commission rejects a recommended project, the Advisory Board may reallocate the funds to the next priority project or determine to reserve the funds for the following year.
  1. As a general rule, RAMP funds will not be used to fund salaries, prizes, trophies, contingencies, ongoing staff expenses, refreshments, food items, or land purchases.
  1. Preference will be given to collaborative projects that are funded in-part by applying entities. Examples of collaboration include:
  1. Alternate funding sources (cash, other grants received, sponsors, etc.);
  1. In-kind: Applicants should include information showing how a legitimate dollar for value in-kind was determined. Donated materials should be calculated at fair market value;
  1. Land: Private land purchased or donated for a project must have a current market valuation. Land owned by a city, school district, or other tax payer owned property should obtain a current market valuation. Applicants intending to use land or building space as collaboration can only claim land that will be used for a specific project. Multi-phase projects can only use land associated with the current phase. Rental or use of a space can be listed as an expense/collaboration each year;
  1. Volunteer: volunteer time shall be calculated at a rate of $20.00 per hour. The Advisory Board shall evaluate the rate once a year to determine if adjustments are needed.
  1. When an applicant is required to submit estimates/bids as part of the application process, and the applicant is a public entity, the Advisory Board and committeesshall allow the public entity to submit proof of its adherence to its own applicable procurement requirements in lieu of this requirement.
  1. Following approval of funding by the Commission, assigned legal counsel shall prepare an agreement reflecting the contractual terms for final approval by the Commission.

VII. Reporting

  1. RAMP fund recipients shall file a completion report provided by the liaisons by April 30th of the year following an award of funds, or within 90 days of project completion, whichever is earlier. The completion report shall contain, among other things, a detailed list of RAMP project expenditures. If a regular project cannot be completed by the reporting deadline, recipients may request a one-time extension of up to a year to complete the project. Major projects will be allowed two extensions. If a project is not completed after the applicable deadline, all remaining RAMP funds shall be returned.

VIII. Audit

  1. The Weber County Clerk Auditor’s Office will review the distribution of RAMP funds to ensure compliance with state statute, county ordinance, and contractual terms. Audits will be conducted pursuant to policies and procedures established by the Clerk/Auditor’s Office. Audit reports will identify any non-compliance and/or areas that need improvement. Based on the audit reports, the Clerk/Auditor shall make recommendations to the Advisory Board to help ensure future compliance and to improve the integrity and efficiency of the RAMP program.

/s/
Heather Carlson, RAMP Advisory Board, Chair
/s/
James Ebert, Weber County Commission, Chair

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