Minutes for 2004-07-27, Direct pdf link.

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

Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor’s Office; Fátima Blackford, Clerk/Auditor’s Office, took minutes.

A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by Patty Burton
C. Thought of the Day was offered by Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $230,374.27
2. Warrants #190637 through #190993 in the amount of $1,363,370.59, and Warrants #190994 through #191256 in the amount of $1,303,384.63
3. Request approval of minutes for July 13, 2004
4. a. Request by the Human Resources Department to surplus a vehicle
b. Request by the Information Technology to surplus Computer Equipment
5. Severance, Release & Waiver Agreement between Sara Eames & Weber County - Contract C2004-83
6. Retirement Agreement between Ruth Jones, Retiree, and Weber County - Contract C2004-84
Commissioner Burton moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. UDOT Planning Transportation Master Plan

Sandy Weinrauch of UDOT stated that about one year ago UDOT started going out to rural communities (that typically cannot afford to pay for a consultant to create a transportation master plan) and working with them to identify the communities’ top priorities at no cost to them. This includes all roadway issues that the community deems a priority and helps UDOT prioritize its resources. The communities’ key decision makers meet with UDOT and then take that information back to the communities, which vote on what they consider top priorities. Subsequently, UDOT includes the items on its draft long range transportation master plan. Ms. Weinrauch indicated that the Mayor of Huntsville had suggested the Ogden Valley Planning Commission be a part of the discussions and she asked that the commissioners delegate that Planning Commission as a participant in order to formally include them on UDOT’s collective of decision makers. In this process UDOT makes no promise of allocation or resources. They provide the expertise and guarantee that the participants’ priorities will appear on the long range plan–from which project selections are made that become funded.

Commissioner Burton asked how this differed from the joint highways effort and Ms. Weinrauch stated that it was specific to each community and UDOT was doing about 15 areas per year. Their goal is to have 50 done before the next long range plan is complete (about 3 years away). The commissioners asked to see copies of the transportation master plan and Ms. Weinrauch will be providing these along with the State’s Transportation Improvement Project plan. In answer to Chair Cain’s question, Ms. Weinrauch outlined the Planning Commission’s part in the process.
Chair Cain noted this process was a step forward because a significant disconnect had been visible between UDOT’s planning in rural areas and community needs. The Commission will send a letter to UDOT designating the Ogden Valley Planning Commission as a participant in this process.

2. Contract between Weber County Fair and the Ben German Broken Heart Rodeo at the 2004 Weber County Fair - Contract C2004-85

Jan Wilson, Weber County Fair, gave a brief overview of this contract, which is in the amount of $3,000.
Commissioner Bischoff moved to approve Contract C2004-85 between Weber County and the Ben German Broken Heart Rodeo at the 2004 Weber County Fair; Commissioner Burton seconded, all voting aye.

3. Contract between Weber County Fair and the Great Basin Antique Machinery at the 2004 Weber County Fair - Contract C2004-86

Jan Wilson, Weber County Fair, gave a brief overview of this contract, which is in the amount of $800.
Commissioner Bischoff moved to approve Contract C2004-86 between Weber County and the Great Basin Antique Machinery at the 2004 Weber County Fair; Commissioner Burton seconded, all voting aye.

4. Contract between Weber County Fair and Comedy Laugh Off at the 2004 Weber County Fair - Contract C2004-87

Jan Wilson, Weber County Fair, gave a brief overview of this contract, which is in the amount of $1,000.
Commissioner Burton moved to approve Contract C2004-87 between Weber County and Comedy Laugh Off at the 2004 Weber County Fair; Commissioner Bischoff seconded, all voting aye.

5. Contract between Weber State University Val A. Browning Center for the Performing Arts and the Miss Weber County Scholarship Pageant for use of a portion of the Val A. Browning Center for the pageant - Contract C2004-88

Jan Wilson, Weber County Fair, gave a brief overview of this contract. The current cost estimate is $1,600 and the total will depend upon the actual hours of use.
Commissioner Bischoff moved to approve Contract C2004-88 between Weber State University Val A. Browning Center for the Performing Arts and the Miss Weber County Scholarship Pageant for use of a portion of the Val A. Browning Center for the pageant; Commissioner Burton seconded, all voting aye.

6. a. Recommendation of the Tax Review Committee for tax relief request for prior years for Anthony Carrera
b. Nullify 2004 tax sale property, LSN #05-108-0039 and request for refund by Mr. Daniel Murdock for the amount of $1,950 plus interest

a. Margarit Nersisian, Clerk/Auditor’s Office, stated that Mr. Carrera had submitted a request this year for prior year taxes (which are delinquent) to be abated because he had not filed for the veteran’s exemption. An application was sent to him to file for this year which he has completed; Mr. Carrera is a 100% disabled Vietnam era veteran and will receive full benefit. Based on statute, the Tax Review Committee (Committee) voted to deny tax relief for prior years but recommended for settlement of the taxes.

Mr. Carrera said that he was a two-time combat veteran who killed for our country and had been diagnosed with PTSD (post traumatic stress disorder). He read a portion of a Department of Veteran Affairs’ letter containing the diagnosis which included gross impairment in thought processes or communication; persistent delusions or hallucinations, intermittent inability to perform activities of daily living; disorientation to time or place; memory loss for names of close relatives or own name. He said that he was 100% disabled veteran and expressed frustration because at the time he had filed forms he had been told he would not have to pay taxes, however, there was a break down in the government because the information was never passed along.

Chair Cain noted that the law required that a veteran apply within the year for the tax relief, that they received notification each year, and this was an unfortunate situation. Commissioner Burton asked if there were any options available or if there was anything covering cases where a veteran was not mentally capable of handling the application process. Ms. Nersisian said she had contacted the VA department to see if there was any kind of help for Mr. Carrera or if they could assign a representative for veterans in similar situations and they said there wasn’t.

David Wilson, Deputy County Attorney, noted that the Committee went to the redemption statute §59-2-1347(1)(b) relating to settlement of taxes and recommended it by voting 4-1, but that this settlement was typically offered when the home went for tax sale after five years delinquency and Mr. Carrera was three years delinquent. He expressed concern that the Committee felt they could rely on that statute to grant this relief at this time which put the Commission in a difficult position. This item was tabled for further research by legal counsel. Chair Cain said she would speak with a representative at the VA department about this process and noted the need for better coordination of efforts in order to better help the veterans.

b. Ms. Nersisian said this item was on a 2004 tax sale property. Because the wrong legal description had been advertised, legal counsel had recommended that the sale be nullified. The legal description was altered in 2000 due to a loan default by Days Inn and when the bank took over, the legal description was converted to the original deed. This problem was not caught when the tax sale research was done. Ms. Nersisian had contacted the person who purchased the tax sale property who had agreed with nullifying the sale. The purchaser will receive a refund plus interest.
Commissioner Burton moved to nullify the tax sale for LSN #05-080-0039 and to approve a refund to Daniel Murdock in the amount of $1,950 plus interest; Commissioner Bischoff seconded, all voting aye.

7. Approval of Change Order #3 for Construction on North Ogden Divide - Contract C2004-89

Curtis Christensen, County Engineer, stated that this change order had started out almost double this amount but because of value engineering, they were able to reduce it to $112,159.10. Mr. Christensen outlined some of these changes stating that most were associated with a change in the type of construction that was to take place (i.e., replacing post and panel retaining walls with gabion baskets). Other changes included back wall excavation and additional work being added to the project that had not been included in the original bid. With this change order there is still about $475,000 left in the budget for this project. Mr. Christensen addressed the commissioners’ questions regarding completion dates and what property was actually included in this project.
Commissioner Bischoff moved to approve Contract C2004-89 Change Order #3 for construction on North Ogden Divide; Commissioner Burton seconded, all voting aye.

8. Request to set a date of August 17th, at 6:00 p.m., for Public Hearing to consider adding a Construction Demolition Landfiill to the Manufacturing Zones as Conditional Use

Kevin Hamilton, County Planning Department, stated that this proposal was to amend the Weber County Zoning Ordinance to allow a landfill for construction and demolition debris as a conditional use in the Manufacturing Zones in the lower valley. This proposal is not for a specific site and the first issue to be determined is whether this type of use should be allowed in these zones. This was a controversial item at the Planning Commission meeting.
Commissioner Bischoff moved to set a date of August 17, 2004 at 6:00 p.m., for a public hearing to consider adding a landfill for construction and demolition debris to the Manufacturing Zones as a Conditional Use; Commissioner Burton seconded, all voting aye.

9. Request to set a date for Public Hearing on the Darrell Christensen Agriculture Protection Area #1 for approximately 20 acres
Commissioner Bischoff moved to set August 17, 2004 at 6 p.m. for public hearing on the Darrell Christensen Agriculture Protection Area #1 for approximately 20 acres; Commissioner Burton seconded, all voting aye.

F. Public Hearing - No public hearing had been scheduled.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, August 3, 2004 at 10 a.m.

H. Public Comments: There were none

I. Adjourn
Commissioner Burton moved to adjourn at 11:00 a.m.; Commissioner Burton seconded, all voting aye.

Camille T. Cain, Chair Linda G. Lunceford, CPO
Weber County Commission Weber County Clerk/Auditor