Commission Minutes

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Minutes for 2002-11-05, Direct pdf link.

MINUTES COMMISSION MEETING
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 5, 2002 - 2:00 p.m.
Commission Chambers, Weber Center, Ogden, Utah

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.

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: Chair Glen H. Burton, Commissioner Camille T. Cain and Commissioner Kenneth A. Bischoff.

Others Present: David C. Wilson, Deputy County Attorney, Alan McEwan, Comptroller, Clerk/Auditor's Office. Fatima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.

Welcome by Chair Burton.
Pledge of Allegiance was conducted by Tonia Wilson.
Thought of the Day was offered by Commissioner Cain.
Consent Items:
1. Purchase Orders in the amount of $33,325.43.
2. Warrants #168980 - #169249 in the amount of $806,563.13.
3. Minutes of meetings held on October 22, 2002 and October 29, 2002.
4. Business License Applications.
5. Request to surplus items from the Corrections Division of the Weber County Sheriff's Office including kitchen items, garbage cart and three desks.
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all voting aye.
Non-Action Items:
1. Reminder that the regularly scheduled Commission Meeting for November 12, 2002 was canceled.
Action Items:
1. Tax Review Committee Recommendation Concerning a Request for Refund Due to Erroneous Assessment on LSN #14-086-0027
  Douglas Larsen, Assessor's Office, stated that this refund request was for $99.85 for the 2001 tax year and was due to a data entry error in the appraisal system. The Tax Review Committee unanimously recommended to refund the $99.85.
  
  Commissioner Cain moved to approve the $99.85 refund on LSN #14-086-0027; Commissioner Bischoff seconded, all voting aye.
2. Tax Review Committee Recommendation Concerning a Request for Refund Due to Erroneous Assessment on LSN #11-248-0022 Owned by Roberts Properties
  Douglas Larsen Assessor's Office, stated that since 1998 this parcel had been erroneously valued and taxed as a residential building lot, however, the dedication plat and the plat maps the Assessor's Office uses to identify parcels clearly describe this parcel as a detention basin. The Tax Review Committee recommended to refund the amount of $228.97 (from 1998 to 2001) as has been the practice in similar cases relating to square footage error on an improvement. The 2002 assessment was corrected.
  
  Commissioner Bischoff moved to approve the Tax Review Committee's recommendation and refund $228.97 on LSN #11-248-0022; Commissioner Cain seconded, all voting aye.
3. Tax Review Committee Recommendation to Waive Penalty and Interest on Delinquent Taxes for LSN #07-341-0012 (RHW Properties)
  John Bond, Treasurer's Office, stated that this parcel was a sliver encompassing a couple of residents' backyards. When a house and garage was built on one lot, it encroached into the setback area. Efforts had been made to realign the boundaries between the two lots to provide proper setbacks, however, the few deeds executed to correct the situation complicated the issue and the problem is still not fixed. Currently, a mini island exists in the backyard of both lots but both owners thought this had been corrected. The property had been taken off the tax sale for this year. The taxes had been about $3/year for that small sliver. Mr. Bond said that the county had been in contact with the property owners to get the proper paperwork recorded to deed the sliver to the neighbor. He said that the question now was that if the $9.94 in outstanding taxes were paid if the remaining $79.31 fees (penalty, interest, tax sale fees) should be waived. The unanimous recommendation from the Tax Review Commission was that if they paid the tax and provided the Recorder with the proper documents to finally correct this problem, that the fees be waived.
  
  Commissioner Cain moved to approve the Tax Review Committee's recommendation to waive the tax sale fees and penalty and interest on delinquent taxes for LSN #07-341-0012; Commissioner Bischoff seconded, all voting aye.
4. Tax Review Committee Recommendation to Waive Penalty and Interest on Delinquent Taxes for LSN #05-111-0001 (Victor Partida)
  John Bond, Treasurer's Office, stated that when Mr. Partida had bought the house in 1997 he was unaware the property transaction included two land serial numbers. The tax notice for the parcel with the house had been sent to the mortgage company and paid timely. The paperwork had been sent to the county to be properly recorded and the tax notice for the second parcel did indicate that one of the tax notices was to be sent to the property owner's address. However, it was not, it was sent to the prior owner's address who apparently discarded the notice each year. The error was discovered this Spring when Mr. Partida refinanced and the title company found he had been delinquent on the second parcel. Mr. Partida had requested that the penalty and interest be waived in the amount of $220.02. The recommendation from the Tax Review Committee was to waive these fees because the county had erred in not updating its records and providing him a tax notice every year.
  
  Commissioner Bischoff moved to approve the Tax Review Committee's recommendation and waive penalty and interest in the amount of $220.02 for LSN #05-111-0001; Commissioner Cain seconded, all voting aye.
5. Tax Review Committee Recommendation to Waive Penalty on Delinquent Taxes for LSN #15- 069-0052
  John Bond, Treasurer's Office, stated that the Super 8 Motel owner had passed away during the tax season last year and this family business went into disarray. The tax notice went to a gas station located at the front of the property and Super 8 never received it until about the second week of December. They then paid their taxes in the amount of $15,202.80 and asked that the $304.06 be waived. The recommendation from the Tax Review Committee was to waive $304.06.
  
  Commissioner Cain moved to approve the Tax Review Committee's recommendation and waive penalty and interest in the amount of $304.06 for LSN #15-069-0052; Commissioner Bischoff seconded, all voting aye.
6. Request for Approval of a Contract with Utah High School Hockey for Hockey Games Gate Collections from October 12, 2002 through March 29, 2003 - Contract C2002-145
  Mike Caldwell, Ice Sheet Director, gave a brief overview of this contract.
  
  Commissioner Bischoff moved to approve Contract C2002-145 between Weber County and Utah High School Hockey for hockey games gate collections from 10/12/02 to 3/29/03; Commissioner Cain seconded, all voting aye.
7. Request for Approval of a Contract with Stericycle, Inc. for Removal and Disposal of the Hazardous & Medical Wastes Generated by Weber County Jail as Compliant with OSHA/EPA
  
  This item was held.
8. Request for Approval of a Contract with Diamond Pharmacy to Supply Prescription and Over- the-Counter Medications to Inmate Population - Contract C2002-146
  Julie Richesson, County Jail, presented this contract to provide pharmacy and over the counter medications for inmates. Requests for Proposals were sent out and Diamond Pharmacy was selected which was low bid. This contract is different from the previous one in that the last one included UDC inmates and Diamond no longer handles those.
  
  Commissioner Cain moved to approve Contract C2002-146 between Weber County and Diamond Pharmacy to supply prescription and over-the-counter medications to the inmate population at the Weber County Jail; Commissioner Bischoff seconded, all voting aye.
9. Public Safety Early Retirement Agreement with Captain Michael Wells - Contract C2002-147 The County Commission had approved an early retirement window for public safety employees who are eligible to retire on or before April 30, 2003. Weber County Sheriff Brad Slater stated that Captain Wells had decided to take advantage of this opportunity.
  
  Commissioner Bischoff moved to approve Contract C2002-147, Public Safety Early Retirement Agreement between Weber County and Captain Michael Wells; Commissioner Cain seconded, all voting aye.
10. Request for Approval of a Replacement Contract with Qwest for Qwest ISDN Primary Rate Service Supplement Individual Case Basis ("ICB") Rate Plan - Contract 2002-148
  Richard Badger, Property Management, stated that a contract had previously been approved by the Commission for the county to directly feed off of Qwest fiber but that contract did not reference the ISN DS1 service State Contract. Qwest requested that the contract reference the State Contract.
  
  Commissioner Bischoff moved to approve Contract C2002-148 between Weber County and Qwest for ISN Primary Rate Service Supplement Individual Case Basis Rate Plan; Commissioner Cain seconded, all voting aye.
11. Request for Approval of a Contract with Qwest for a T1 Line Between the Weber Center and the Washington Terrace Precinct - Contract C2002-149
  Richard Badger, Property Management, stated that this contract was for a T1 line between the Weber Center and the Washington Terrace precinct. He outlined the cost and stated that if there were more than three phones at the precinct, there would be an immediate cost savings.
  
  Commissioner Cain moved to approve Contract C2002-149 between Weber County and Qwest for a T1 line between the Weber Center and the Washington Terrace precinct; Commissioner Bischoff seconded, all voting aye.
12. Request for Approval of a Contract with CPR Title for Access to the Weber County Recorder's Office On-Line information - Contract C2002-150
  Julie Brunker, Recorder's Office, briefly presented this standard contract.
  
  Commissioner Cain moved to approve Contract C2002-150 between Weber County and CPR Title; Commissioner Bischoff seconded, all voting aye.
13. An Ordinance Re-Enacting the Imposition and Collection of Tourism, Recreation, Cultural and Convention Taxes - Ordinance 2002-25
  David Wilson, Deputy County Attorney, explained that this was not a new tax; it was simply the re- enactment of the restaurant and lease vehicle tax for the year 2003. The lease vehicle tax is 7%, the restaurant tax is 1%.
  
  Commissioner Bischoff moved to adopt Ordinance 2002-25 re-enacting the imposition and collection of tourism, recreation, cultural and convention taxes; Commissioner Cain seconded.
  
  Roll Call Vote
  Commissioner Cain . . . aye
  Commissioner Bischoff . . . aye
  Chair Burton . . . aye
14. A Resolution Appointing a Weber County Representative and an Alternate Representative for the Utah Association of Counties Insurance Mutual - Resolution 42-2002
  David Wilson, Deputy County Attorney, stated that the county participates with the Utah Association of Counties Insurance Mutual for its liability and property insurance. Their by-laws require that the county's legislative body appoint a representative and an alternate to be in attendance at their membership meeting to be held next week.
  
  Commissioner Cain moved to adopt Resolution 42-2002 appointing Kenneth A. Bischoff as the Weber County representative and David C. Wilson as an alternate representative for the Utah Association of Counties Insurance Mutual; Chair Burton Bischoff seconded.
  
  Roll Call Vote
  Commissioner Cain . . . aye
  Commissioner Bischoff . . . aye
  Chair Burton . . . aye
15. An Interlocal Cooperation Agreement for Paramedic Services with the Weber Fire District
  
  This item was held.
16. Approval of a Special Use Permit with the U.S. Department of Agriculture U.S. Forest Service for Construction, Operation and Maintenance of a Single-User Public Service Communication Site - Contract C2002-151
  Gary Laird, County Operations Director, stated that this permit was for the radio tower on Little Monte Peak that would be part of the Utah Communications Agency Network (UCAN) for the 800 MHz system. (see related minutes, 9/25/01). The county had asked for 20 years, however, the Forest Service does not have that site approved yet as an electronic site in their master plan, thus the term of this permit is for 5 years. The Forest Service will submit it this year in their master plan and once the plan is approved, the Forest Service will come back with a 20-year agreement. There is no cost to the county for the permit during the term of the agreement. It is the county's responsibility to build a 40 ft. tower and a 12X20 ft. building to house the equipment. The permit allows the county to put a propane tank on the property for back-up energy and heat. Related to this item, Weber County Sheriff Brad Slater said that Herd Mountain was operational and Logan Peak had a temporary repeater station.
  
  Commissioner Cain moved to approve Contract C2002-151, Special Use Permit with the U.S. Department of Agriculture U.S. Forest Service for construction, operation and maintenance of a single- user public service communication site; Commissioner Bischoff seconded, all voting aye.
17. Request for Approval of a Supplemental Agreement with UDOT for Funds to Construct the 5500 South Pedestrian Safety Project - Contract C2002-152
  Weber County had entered a previous agreement with UDOT related to this project, however, the parties had subsequently decided that the location of the project should be relocated from SR-108 from 5200 S. to 4900 S. on the east side of the road to SR-97 near 4600 W. This supplemental agreement defines the terms and changes. Curtis Christensen, County Engineer, stated that a number of calls had been received regarding pedestrian safety along 5500 S. County Engineering had been working with UDOT to obtain some funds. This sidewalk is on UDOT's right-of-way; it is a small island completely surrounded by Roy City that is currently in unincorporated Weber County. UDOT typically does not construct pedestrian facilities, they do help fund them on their roads. This agreement provides that UDOT will provide about 75% of the funds for construction of approximately 600 ft. of sidewalk, curb and gutter improvements. This project was needed because of the new Freedom Elementary School in this area. Chair Burton asked who would maintain this project and Mr. Christensen replied that the home owners were responsible for snow removal.
  
  Commissioner Cain moved to approve Contract C2002-152 Agreement with UDOT for funds to construct the 5500 South pedestrian safety project; Commissioner Bischoff seconded, all voting aye.
18. Action to Adopt the Weber County 2003 Tentative Budget and to Set the Date of November 26, 2002 at 6:00 p.m. as a Public Hearing Concerning the Tentative Budget
  Alan McEwan, County Comptroller, stated that this budget was a no growth, balanced budget, and had no tax increase. He said that the total of all funds was $87,978.234. Mr. McEwan said that adoption of the final budget was scheduled for December 17, 2002. He added that this budget contained a 1 step or 2% increase for all employees and elected officials and a 13.3 % increase in the county's health insurance program, which the county would be paying. Chair Burton stated that due to the current economy, the Commission's goal was not to increase taxes and to not decrease services and they had not been able to include any amount for a cost of living adjustment, however, the county was able to hold onto the medical insurance coverage for its employees.
  
  Commissioner Cain moved to adopt the Weber County 2003 Tentative Budget and to set the date of November 26, 2002 at 6:00 p.m. as a public hearing concerning the tentative budget; Commissioner Bischoff seconded, all voting aye.
19. Request to RE-SET the Date from November 19, 2002 to December 3, 2002 at 4:30 p.m. for a Public Hearing on a Rezoning Request by Wolf Creek Resort to Rezone Property at 3400 North Wolf Creek Drive from Agricultural AV-3 to Commercial Valley Resort Recreation CVR-1 for Recreational Vehicle Storage
  Craig Barker, County Planning Department Director, stated that this meeting needed to be rescheduled due to a lack of a quorum for the County Commission for the originally set date.
  
  Commissioner Bischoff moved to re-set the date of November 19, 2002 to December 3, 2002 at 4:30 p.m. for a public hearing on a rezoning request by Wolf Creek Resort to rezone property at 3400 North Wolf Creek Drive from Agricultural AV-3 to Commercial Valley Resort Recreation CVR-1 for recreational vehicle storage; Commissioner Cain seconded, all voting aye.
20. Request to RE-SET the Date from November 19, 2002 to December 3, 2002 at 4:30 p.m. for a Public Hearing to Take Input and Possible Action on the West Central Weber General Plan
  See above item.
  
  Commissioner Cain moved to re-set the date from November 19, 2002 to December 3, 2002 at 4:30 p.m. for a public hearing to take input and possible action on the West Central Weber General Plan; Commissioner Bischoff seconded, all voting aye.
Public Hearing
1. Commissioner Bischoff moved to adjourn the public meeting and convene a public hearing; Commissioner Cain seconded, all voting aye.
2. Public Hearing to Consider Potential Community Development Block Grant Projects Dennis Richardson, Engineering Department, presented this item. This public hearing was held to supply information regarding Community Development Block Grant (CDBG) funds, to solicit possible projects that may be eligible for the funds, and to field possible suggestions and questions about the projects from citizens. The Weber County area can expect approximately $800,000 in CDBG funds. Funds will be available for potential projects sponsored by local governments in the county.
  
  Applicants' use of funds must meet one of the following National Objectives to be eligible: 1) project needs to primarily benefit low to moderate income persons, 2) project needs to aid in the prevention or elimination of slums or blight, 3) project needs to meet urgent needs because existing conditions pose a serious and immediate threat to health and welfare. Applicants sponsored by Weber County must have their pre-application submitted by December 6, 2002. Currently, the county has one active CDBG project sanitary sewer connection assistance for low to moderate income households in western Weber County. Weber County proposes to submit an application for ADA upgrades on some of its facilities including a restroom at the county's road shops, handrails at the county fairgrounds, ADA compliant bleachers at the fairgrounds, wheelchair ramps at various street intersections located in the unincorporated Weber County and other ADA public facility needs. Mr. Richardson stated that another possible county project involved some miscellaneous storm drain projects, if they qualified. In addition, there were a number of non-profit agencies that may want the county to sponsor them, including Catholic Community Services, Enable Industries, Family Summit Foundation, Your Community Connection, and CNA Educational Services, a for profit organization, to help low income and special needs students become nursing assistants. Chair Burton explained that the $800,000 was for all of Weber County, including 14 cities, with the exception of Ogden City, an entitlement city that receives its own money. He asked for other proposed projects, public comments and questions regarding the CDBG program. Michelle Snow of CNA had made a presentation at the WACOG meeting last night. Their recommendation was for Ms. Snow to meet with Lane Nielson, Wasatch Front Regional Council, and go forward with the application process. Ms. Snow told the commissioners she had met with Mr. Nielson and that he felt it was in the best interest to have the sponsorship at the county level, which she then requested from the Commission. David Wilson, Deputy County Attorney, stated that he would like to discuss with Mr. Richardson and Mr. Nielson procedural issues regarding the funding. At last night's meeting, Mr. Nielson raised some issues regarding tuition, reimbursement, etc. Ms. Snow addressed the commissioner's questions, including who may attend the school.
  
  Commissioner Cain moved to adjourn the public hearing and reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.
3. Action on Public Hearing
  G.2 - Public Hearing on Potential Community Development Block Grant Projects
  
  No action was taken on this first public hearing for CDBG projects.
Assign Pledge of Allegiance and Thought of the Day for Tuesday, November 19, 2002, 2:00 p.m.
Public Comments
There were none.
Adjourn
Commissioner Bischoff moved to adjourn at 3:20 p.m.; Commissioner Cain seconded, all voting aye.

GLEN H. BURTON, CHAIR
WEBER COUNTY COMMISSION

LINDA G. LUNCEFORD, CPO
WEBER COUNTY CLERK/AUDITOR