Minutes for 2003-02-04, Direct pdf link.
MINUTES
COMMISSION MEETING
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 4, 2003 - 2:00 p.m.
Commission Chambers, Weber Center, Ogden, Utah
COMMISSION MEETING
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 4, 2003 - 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.
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 Kenneth A. Bischoff, Commissioner Camille T. Cain and Commissioner Glen H. Burton.
Others Present: David C. Wilson, Deputy County Attorney, Margarit Nersisian, Clerk/Auditor's Office. Fatima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.
- Welcome by Chair Bischoff.
- Pledge of Allegiance was conducted by David Wilson.
- Thought of the Day was offered by Commissioner Burton.
- Consent Items
- Purchase Orders in the amount of $211,580.23
- Warrants #172422 - #172609 in the amount of $379,320.71
- Minutes of meeting held on January 28, 2003
- Request to surplus vehicles planned to be sold in 2003
- Request for Reimbursement on Tax Sale Property, LSN 09-091-0005
Roger Brunker, Weber County Tax Coordinator, stated that Alan Parsons was requesting reimbursement by the county for the purchase price and subsequent property taxes paid on a piece of property he acquired at the 1996 Property Tax Sale. In a conversation with the County Surveyor, Mr. Parsons had been informed that the boundary line between Weber and Davis counties needed to be retraced, and when this was done that Mr. Parson's property would probably no longer exist in Weber County.
The issue went before the Weber County Tax Review Committee (Committee) in 2000 at which time the Surveyor's Office indicated that the property existed on paper but due to the boundary discrepancy, the property might not exist on the ground and that both counties were in the process of determining the boundary line. The Committee voted to deny the request because the work for the boundary line had not been completed and due to the fact that prospective buyers are strongly cautioned at tax sales to investigate properties before bidding. In October 2002 the surveyors from both counties recorded documents retracing the boundary using original documents dating to the 1800's and this altered portions of Weber County's boundary. That retracing now shows Mr. Parson's property as the only parcel whose description sits entirely between the two lines and it is assumed the property does not exist in Weber County, and that if it does per a survey, it would be in Davis County. The County Recorder has requested that this property be recorded with a question mark and that no further tax assessments be made. The Committee heard this issue on January 26, 2003 based on the new information and voted to recommended a refund for the purchase price and subsequent taxes paid (totaling $1,273.33) because of the unusual circumstances involved in this situation.
Commissioner Burton moved to authorize the refund of $1,273.33 for LSN #09-091-0005; Commissioner Cain seconded, all voting aye.
- Tax Review Committee Recommendation Regarding ARINC, Incorporation, Account No. 534212
Roger Brunker, Weber County Tax Coordinator, stated that ARINC had been paying personal property taxes on property they thought existed in Weber County. The issue was reviewed with Davis County which agreed that the property had been located in their county the entire three years (2000-2002). Davis County has now billed ARINC for those three years.
Commissioner Cain moved to approve the Tax Review Committee's recommendation to refund $3,381.13 to ARINC, Incorporation; Commissioner Burton seconded, all voting aye.
- Tax Review Committee Recommendation Regarding LSN 06-180-0014
Roger Brunker, Weber County Tax Coordinator, stated that Mr. & Mrs. Bechtel had appealed their property taxes in 1999 on a parcel that was unbuildable because the Assessor's Office had it erroneously valued as a buildable lot. The appeal lowered the value, however, due to a clerical error the petitioners were charged a full lot value for the years 2000, 2001 and 2002. Mr. Brunker stated that these taxes had not been paid. The Assessor's Office will reduce the value to $2,400 for each of those years and the Treasurer will adjust the delinquent tax amount accordingly.
Commissioner Cain moved to approve the Tax Review Committee's recommendation and approve the adjustment to the property value and the taxes due for LSN 06-180-0014; Commissioner Burton seconded, all voting aye.
- Tax Review Committee Recommendation Regarding LSN 19-022-0025
Roger Brunker, Weber County Tax Coordinator, stated that incorrect acreage had been posted by the County Recorder's Office on this property. The Tax Review Committee unanimously recommended refunding excessive tax paid in 2001 in the amount of $83.84.
Commissioner Burton moved to approve the Tax Review Committee's recommendation to refund $83.84 for LSN 19-022-0025; Commissioner Cain seconded, all voting aye.
- Public Safety Retirement Incentive Agreement By and Between Wesley D. Goldsberry and Weber
County - Contract C2003-12
Weber County Sheriff Brad Slater presented items F.5 through F.7. Weber County approved a retirement incentive window for public safety employees who are eligible to retire in accordance with the State's Public Safety Retirement Program on or before April 30, 2003. Captain Goldsberry decided to take advantage of this opportunity. Sheriff Slater stated that one of the related requirements was that the department show a cost savings, which was met. Captain Goldsberry is the longest serving employee in the Sheriff's Office. The Sheriff thanked him for his diligent service.
Commissioner Cain moved to approve Contract C2003-12, Public Safety Retirement Incentive Agreement by and between Wesley D. Goldsberry and Weber County; Commissioner Burton seconded, all voting aye.
- Public Safety Early Retirement Agreement Amendment By and Between Michael Wells and Weber
County - Contract C2003-13
Weber County Sheriff Brad Slater stated that Captain Wells took advantage of this retirement incentive window in November 2002 and the cost savings will result due to the position being abolished. David Wilson, Deputy County Attorney, explained that this amendment allows Captain Wells to return to work with Weber County without forfeiting his insurance credits.
Commissioner Burton moved to approve Contract C2003-13, Public Safety Early Retirement Agreement amendment by and between Michael Wells and Weber County; Commissioner Cain seconded, all voting aye.
- Public Safety Severance Agreement by and Between A.K. Greenwood and Weber County -
Contract C2003-14
Weber County Sheriff Brad Slater stated that Chief Greenwood had retired January 3, 2003.
Sheriff Slater introduced his new Chief Deputy, Chris Zimmerman, former Chief of the Roy Police Department and former Ogden City police officer.
Commissioner Cain moved to approve Contract C2003-14, Public Safety Severance Agreement by and between A.K. Greenwood and Weber County; Commissioner Burton seconded, all voting aye.
- Retirement Incentive Agreement By and Between Daniel Salazar and Weber County - Contract
C2003-15
Gary Laird, County Operations Director, stated that Mr. Salazar had worked for the county for 27 years and had decided to take advantage of the retirement incentive window. The savings to the department was realized in the 2002 budget and the position will not be filled this year.
Commissioner Burton moved to approve Contract C2003-15, Retirement Incentive Agreement by and between Daniel Salazar and Weber County; Commissioner Cain seconded, all voting aye.
- Agreement By and Between Weber County and Pinkerton Security & Investigation Services for
the Provision of Security Services - Contract C2003-16
Richard Badger, Operations Department, stated that this contract for security guard service at the Weber Center had been prepared by the County Attorney's Office. It was bid out and Pinkerton was the low bid. Pinkerton will staff for security guard when the county's guard is not in. The term is for three years.
Commissioner Burton moved to approve Contract C2003-16, agreement by and between Weber County and Pinkerton Security & Investigation Services for the Provision of Security Services; Commissioner Cain seconded, all voting aye.
- Request for Final Approval of Radford Hills No. 5B at 765 North 5100 East
Jim Gentry, County Planning Department, showed a plat map stating that this phase of Radford Hills cluster subdivision consisted of 2 lots. All the subdivision improvements have been installed. The Weber County Township Planning Commission unanimously recommended approval of this item.
Commissioner Cain moved to grant final approval of Radford Hills No. 5B located at 765 North 5100 East; Commissioner Burton seconded, all voting aye.
- Agreement By and Between Weber County and AAA Excavation, Inc. for the Eden Storm Drain
Project #02-07, and Notice to Proceed - Contract C2003-17
Dr. George Burbidge gave a brief overview of this contract. The notice of award was approved on 1/14/2003. The contract amount is $212,857.94 and the contractor has 60 days to complete the project.
Commissioner Cain moved to approve Contract C2003-17, Agreement by and between Weber County and AAA Excavation, Inc. for the Eden Storm Drain Project #02-07, and Notice to Proceed; Commissioner Burton seconded, all voting aye. - Tourism Development Management Agreement-Assignment of Rights By and Between Weber
County, the Chamber of Commerce, and the Ogden/Weber Convention Visitors Bureau - Contract
C2003-18
Commissioner Cain stated that prior to the end of 2002 the Convention Visitors Bureau (CVB) had been a subcommittee of the Chamber of Commerce and the county contracted with them to provide convention and visitors services and marketing for Weber County. The CVB determined in 2002 that it would like to become a separate entity and it has now been formed as a 501(c)(6) organization. Weber County has agreed to continue that contract with them through the end of this year to promote tourism and manage certain activities and facilities relating to tourism promotion. The county has worked with the Chamber of Commerce to come to a conclusion on the financial settlement. David Wilson, Deputy County Attorney, outlined the amendments to the contract including that the amount of $80,266 had been paid on January 17, which was approximately 25% of the amount they would receive for the year. He said that $44,000 had been withheld from the first payment for 2003 in anticipation of settlement and this amount could now be paid. Commissioner Cain explained that the CVB did not owe the Chamber any money for 2002 therefore the $44,000 that had been withheld would be paid to the CVB.
Commissioner Burton moved to approve Contract C2003-18, Tourism Development Management Agreement-Assignment of Rights by and between Weber County, the Chamber of Commerce, and the Ogden/Weber Convention Visitors Bureau; Commissioner Cain seconded, all voting aye. - Action on Closed Executive Session
There was no action taken.
Commissioner Cain moved to approve the consent items; Commissioner Burton seconded, all voting aye.
E. Non-Action Items - None.
F. Action Items
G. Assign the Pledge of Allegiance and Thought of the Day for Tuesday, February 11, 2003 at 4:30 p.m.
H. Public Comments
There were none.
I. Closed Executive Session.
Commissioner Cain moved to adjourn public meeting and convene closed executive session to discuss strategy relating to the purchase or sale of real estate and/or strategy relating to imminent and ongoing litigation; Commissioner Burton seconded.
Roll Call Vote
Commissioner Cain. . .aye
Commissioner Burton. . .aye
Chair Bischoff. . . aye
Commissioner Cain. . .aye
Commissioner Burton. . .aye
Chair Bischoff. . . aye
J. Adjourn
Commissioner Burton moved to adjourn at 3:18 p.m.; Commissioner Cain seconded, all voting aye.
KENNETH A. BISCHOFF, CHAIR
WEBER COUNTY COMMISSION
LINDA G. LUNCEFORD, CPO
WEBER COUNTY CLERK/AUDITOR