Minutes for 2002-10-22, Direct pdf link.

1. Welcome by Commissioner Bischoff.
   
   
2. Pledge of Allegiance was conducted by Fatima Blackford.
   
   
3. Thought of the Day was offered by Commissioner Cain.
   
   
4. Consent Items:
   1. Purchase Orders in the amount of $114,707.13.
      
      
   2. Warrants #168551 - #168731 in the amount of $951,609.62.
      
      
   3. Minutes of meetings held on October 8, 2002 and October 15, 2002.
      
      
   4. Refund of taxes paid in error in prior year on a mobile home owned by Ted or Judy Spencer in the amount of $61.27.
   
   
   Commissioner Cain moved to approve the consent items; Commissioner Bischoff seconded, both voting aye.
   
   
5. Non-Action Items:
   1. Presentation of a Plaque to Mark H. Bott and Company for their Donation of a Monument to the K-9 Partners at the Animal Cemetery Weber County Sheriff Brad Slater invited past and current K-9 handlers to stand at the front of the chambers. The Sheriff's Office handlers and the Deputy Sheriff's Association wished to thank the Mark H. Bott Company for their commitment of time and talents in preparing and erecting the monument recognizing, and in remembrance of, the Weber County Sheriff's Office K-9 partners at the Animal Cemetery located in the Ogden City Cemetery. The commissioners presented a plaque of appreciation to David Bott who said it was an honor to receive it and that it meant a lot to their company.
      
      
   2. Presentation of the "Seal of Service" Award to Weber County Employee, Debbie Conley Martin Moore, County Surveyor, stated that he was honored to recommend Debbie for this award. He outlined her many duties and the great job that she does. The commissioners presented a plaque, $50, an obelisk and a seal of service pin to Debra Conley from the Surveyor's Office for her exemplary customer service. Ms. Conley said that she loved her job and working with her co-workers.
   
   
6. Action Items:
   1. Approval of Contract with AVATAR for Utility Analysis Consulting - Contract C2002-138
      Richard Badger, County Operations, stated he had presented similar contracts in the past to the Commission. The last contract had expired and bids were sent out. This company will review the county's utility payments for any errors on behalf of a utility company causing overcharges to Weber County. The company is paid only if they discover errors/problems and find a solution. On the refund, the county receives 55% and AVATAR receives 45%. Two past companies doing this utility analysis found more than $5,000 in errors going back six years.
      
      
      Commissioner Cain moved to approve Contract C2002-138 between Weber County and AVATAR for utility analysis consulting; Commissioner Bischoff seconded, both voting aye.
      
      
   2. Appeal of Tax Review Committee Recommendation to Deny Waiver of Penalty, Interest and Value Adjustment on LSN# 01-002-0032
      John Bond, Treasurer's Office, stated that Phil Boyer and Jon Guss had bought a piece of property from the Ogden Board of Realtors in 1998 that had three parcel numbers and in that transaction the ownership changed immediately on two of the smaller parcels but did on the large parcel. The Valuation and Tax Notices for the two smaller parcels were mailed to the petitioners in Salt Lake City and the respective notices on the large parcel went to the Ogden Board of Realtors. He explained that as a description changes on a parcel, the County Recorder's Office posts the address from the document and the notices are sent to the original owner as of January 1. Mr. Bond explained that what changed the description on the large parcel was this phrase they had added to it "subject to the right of way along the most northerly 4 feet as disclosed by various deeds of record." This change effectuated the notices for this parcel to be sent to the Board of Realtors and the petitioners did not receive them. They received the notices for the other two and paid the taxes immediately. The large parcel went delinquent and the delinquency notice was printed in the newspaper under the Ogden Board of Realtors' name. Mr. Bond stated that commencing with 1999 the county has printed on the tax notices when properties are delinquent.
      
      In 1999 the petitioners received the notices for the large parcel and Mr. Boyer appealed its value, which was dropped by $703.69. Mr. Boyer felt that, had he received the valuation in 1998, he would also have appealed it and likely the value would have been dropped for that tax year as well. The letter sent from the Treasurer's Office this Spring notified them that the large parcel was potentially up for tax sale for next year and asked if they were aware of the problem. Mr. Bond stated the petitioners called and had indicated not being aware there were three parcel numbers and asked if the penalty ($71.43) and interest ($1,456.71) could be waived and if the Board of Equalization could be reopened for 1998 and the value addressed. The Tax Review Committee addressed the various issues and concluded that the one year statute of limitations had passed and that there was sufficient property size problems that the parcel they had missed was so large ($3,571) as compared with the other two tax amounts ($134 and $229) that it could have been caught, that the Ogden Board of Realtors could have addressed the issue with the new purchasers, or that they could have noticed on their tax notices from 1999 that the property was delinquent.
      
      Mr. Boyer stated they were not trying to avoid paying their tax obligation. They had not been aware of three tax numbers, they had not requested a change to the property description and there was no reason to expected one. He stated that every year they had promptly paid their taxes, with the exception of that first year when they had not received the notice. He emphasized that the notice of delinquency on the tax notices in the past were in small print. Commissioner Cain asked how the change in description had occurred and Mr. Bond responded that when the document came to be recorded it contained that extra sentence that the other two properties did not and which triggered it to be handled differently. Commissioner Bischoff asked Mr. Boyer if he knew his property was delinquent in 1999 and he said he did not. The commissioners understood the petitioners' position, however, because no fault could be attributed to the county in this item, they did not wish to start a precedent. Mr. Boyer agreed that it did not appear the county was at fault. Mr. Bond said that the general public was not aware that the current owner would not receive the notice if there was a boundary change. The Tax Review Committee and legal counsel felt that the county had followed proper procedures. David Wilson, Deputy County Attorney, asked if Mr. Boyer had gone through a regular closing where taxes were prorated and he replied the taxes had been estimated. Efforts have been made in recent years by the county to make the notices easier to read, including enlarging of the delinquent notice information on tax notices.
      
      
      Commissioner Cain moved to uphold the Tax Review Committee's recommendation to deny the waiver of penalty and interest and the value adjustment on LSN# 01-002-0032 and to offer to Phil Boyer and Jon Guss the opportunity to pay the amount owed through a contract over a maximum of six months (through end of April 2002); Commissioner Bischoff seconded, both voting aye.
      
      
   3. Request for Determination Whether a Western Weber County Road is Private or Public
      Richard Jones, Attorney representing the (Ron) Gibson family, asked the Commission to find and determine that this is a public road. He stated it had been public by virtue of the county's use and maintenance of this road for many years, and according to letters from county employees (County Engineer, County Surveyor, Roads Administrator) the county had graveled the road twice a year for at least 20 years and had snowplowed it as well. Mr. Jones explained that some months ago the petitioners had started an application seeking to build a home. The item went before the West Weber Township Planning Commission and they were granted a flag lot conditioned upon the road that the flag lot adjoins is a public road. Some neighbors objected; they own part of the property the road is on. Currently there is a legal action filed by some neighbors asking for the court to declare the status of this road. Mr. Jones asked for the county to take a position on this even though ultimately the issue would be decided by the courts. Mr. Jones said that 500 S. in West Weber had become a public road and had been open to the public for 80 years. He referred to several affidavits including one by two 88-year old gentlemen, who do not live on the road, that address the use of that road; a letter from a mailman who had started delivering mail on this road in 1967 until his retirement in 1977 that stated the county snowplowed it; and of the numerous affidavits submitted to the county by the Blanch family at least four stated that they had asked the county to maintain the road. However, now they were saying no to all those services they received for the last 50 years and that the county should not have performed them because it was not a public road.
      
      Commissioner Bischoff asked what value would there be in the County Commission making a determination at this time on the road when this issue can only ultimately be decided by the courts. The commissioners pointed out that in fact a decision by the county at this time would be premature and could be detrimental and Mr. Jones reiterated that for the county not to take a position would decrease the chance that the courts would find that it is a public road. David Wilson, Deputy County Attorney, stated that Mr. Jones was asking the Commission to take one side and he expressed his feeling that it would not make any difference for the county to make a determination at this time since the courts' decision would supersede the Commission's. Mr. Wilson read a portion of State Code and said that the Commission did not have the authority to declare it a public road and Mr. Jones agreed with this but asked the Commission to recognize it as a public road. This would cause that declaratory judgement to be filed against the county as well and Mr. Wilson pointed out that there were countervailing evidence and opinions. Additionally, that class "B" road funds were not determinative and Mr. Jones agreed. Stanford Graham, Attorney for the Blanch family, said they were opposing the Gibson's request for a building permit because it presumed a certain status for this lane. Mr. Graham spoke of three criteria that had to be satisfied by the Gibsons in order for this road to be found public in nature including continuous use, stating that the Gibsons lacked a specific 10-year period of continuous use. He said he had seen no accounting for resources paid or materials placed on the subject road. Mr. Graham stated that the Blanch family had asked for the county's assistance to maintain the thoroughfare, however, the county had represented to them that it would have to become a public road and that the Blanches had then refused the assistance. The commissioners asked Mr. Wilson for a recommendation and he responded that it was to let the court decide.
      
      
      Commissioner Cain moved to defer making a decision on this matter until such time as the courts can determine whether or not the road is public by use; Commissioner Bischoff seconded, both voting aye.
      
      
   4. Cancellation of Regularly Scheduled Weber County Commission Meeting on November 12, 2002
      
      
      Commissioner Cain moved to cancel the regularly scheduled County Commission meeting for November 12, 2002 due to the UAC meetings; Commissioner Bischoff seconded, both voting aye.
      
      
   5. Change Time for Regularly Scheduled Weber County Commission Meeting from 2:00 p.m. to 4:30 p.m. on November 19, 2002
      
      
      Commissioner Cain moved to change the time for the regularly scheduled County Commission meeting from 2:00 p.m. to 4:30 p.m. on November 19, 2002; Commissioner Bischoff seconded, both voting aye.
      
      
   6. Request for Approval of the Wolf Creek Master Plan with Corrected Legal Descriptions, Zoning Development Agreement - Contract C2002-139
      Kelly Grier, County Planning Department, stated that last year the County Commission had approved a Master Plan with zoning for Wolf Creek in the Ogden Valley. After the approval, but prior to recording of the ordinance and the Zoning Development Agreement, it was found that some of the legal descriptions did not close and contained flaws. Ms. Grier stated that these descriptions had been corrected to the satisfaction of the County Surveyor and that the correct figures were on the document before the Commission. She showed the original zoning map that had been approved last year as well as the one with the corrections. Ms. Grier also stated that the figures on the first page of the Zoning Development Agreement were corrected to the satisfaction of the County Surveyor and the remainder of the agreement was as approved last year. She indicated that the figures had been changed so that the map matched the descriptions and the descriptions matched the Zoning Development Agreement.
      
      
      Commissioner Cain moved to approve Contract C2002-139, Zoning Development Agreement for Wolf Creek with the corrected legal descriptions, and the Wolf Creek Master Plan; Commissioner Bischoff seconded, both voting aye.
      
      
   7. Request to Set the Date for the First Public Hearing to Consider Potential 2003/2004 Community Development Block Grant Projects
      Two public hearings are required for this item. Dennis Richardson, County Engineering, presented the request to set the first public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for FY 2003-2004. Suggestions for potential projects will be solicited, both verbally and in writing from all interested parties. The expected amount of CDBG funds for this FY will be discussed along with the range of projects eligible under this program and a review of previously funded projects. The pre-applications have to be in by December 6. Craig Barker explained the process to be followed for these CDBG projects and addressed the commissioners' questions.
      
      
      Commissioner Cain moved to set the first public hearing for November 5, 2002 to consider potential 2003-2004 Community Development Block Grant projects; Commissioner Bischoff seconded, both voting aye.
      
      
   8. Request to Re-Set Public Hearing from November 12, 2002 to November 19, 2002 on Rezoning Request by Wolf Creek Resort to Rezone Property at 3400 N. Wolf Creek Dr. from Agricultural AV-3 to Commercial Valley Resort Recreation CVR-1 for Recreational Vehicle Storage
      Craig Barker, County Planning Department Director, stated that due to the November 12, 2002 Commission meeting cancellation this public hearing needed to be reset.
      
      
      Commissioner Cain moved to re-set the public hearing from November 12 to November 19, 2002 on a rezoning request by Wolf Creek Resort to rezone property at 3400 N. Wolf Creek Drive from AV-3 to CVR-1 for recreational vehicle storage; Commissioner Bischoff seconded, both voting aye.
      
      
   9. Final Approval of Willow Creek Subdivision Phase 3, 2-Lots, at 3480 East 5100 North.
      See related minutes, 4/19/00, 5/24/00, 7/12/00, 12/6/00, 4/17/01, 8/13/02 & 9/24/02.
      Craig Barker, County Planning Department Director, showed an area map and stated that this subdivision was a realignment of two lot lines that already existed in the Willow Creek Subdivision. The county had already vacated the easements for the small stream that runs through there. As the property was recently surveyed, the stream was more accurately platted and there are new stream dedication easements. Mr. Barker pointed out that the county had vacated a road through the subdivision and approved one on the south and another on the east end of this subdivision. The Liberty/Nordic Valley Planning Commission recommended approval of this subdivision.
      
      
      Commissioner Cain moved to grant final approval of the Willow Creek Subdivision Phase 3, 2 lots, at 3480 East 5100 North; Commissioner Bischoff seconded, both voting aye.
   
   
7. Assign Pledge of Allegiance and Thought of the Day for Tuesday, October 29, 2002 at 2:00 p.m.
   
   
8. Public Comments
   There were none.
   
   
9. Adjourn
   Commissioner Cain moved to adjourn at 3:34 p.m.; Commissioner Bischoff seconded, both voting aye.