Minutes for 2004-10-12, 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: Camille T. Cain, Chair, and Kenneth A. Bischoff. Glen H. Burton was excused

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

A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by Shelly Halacy
C. Thought of the Day was offered by Chair Cain

D. Consent Items:
1. Purchase Orders in the amount of $109,012.53
2. Warrants #193794 - #193992 in the amount of $1,856,964.70
3. Minutes of the regular Commission Meeting held on October 5, 2004 and the 2nd Public Hearing regarding the Eden Incorporation Feasability Study also held October 5, 2004
4. New Business License Applications
5. Request to set a Public Hearing for November 16, 2004 at 6 p.m. to consider approval and adoption of the Moderate Income Housing Element of Ogden Valley and West Central General Plan

Commissioner Bischoff moved to approve the consent items; Chair Cain seconded, both voting aye.

E. Recognition - County recognition of Olympic Silver Medalist Billy Schuffenhauer

Mr. Schuffenhauer was not able to be present. Chair Cain recognized Mr. Schuffenhauer who competes in bobsledding. Mr. Schuffenhauer will soon go to Calgary to begin competing again. He grew up in Roy, Utah, and has attended Weber State University. Chair Cain expressed thanks to Mr. Schuffenhauer for the way in which he represents our community.

F. Action Items:

1. A Proclamation of the Board of Commissioners of Weber County proclaiming October 2004, "Zero Tolerance to Domestic Violence Month" in Weber County

Mark DeCaria, County Attorney, stated that October is nationally known as anti-domestic violence month. This proclamation is a joint effort with Your Community Connection (YCC) and the Weber Area Domestic Violence Coalition. Mr. DeCaria noted that Weber County's annual program, on domestic violence, "Footsteps to Light," would be held October 28. Rebecca Clements, Zero Tolerance Coordinator for the YCC, thanked the Commission for the proclamation, which is significant to the movement. Chair Cain read the proclamation and thanked the YCC for all its efforts.

Commissioner Bischoff moved to approve a proclamation of the Board of Commissioners of Weber County proclaiming October 2004 as "Zero Tolerance to Domestic Violence Month" in Weber County; Chair Cain seconded, both voting aye.

 

 2. Discussion on tax and property rights

William Liggett had come from Wyoming to address an issue with property he has owned in Weber County at 2960 Wall Avenue for 26 years and which he stated had not been a good investment. Originally, he had a 4-plex apartment on the property, which consists of two odd shaped lots, purchased at different times. One is about 37 ½ ft. wide and the other 50 ft. wide.

In 1995 the Ogden Redevelopment Agency told him they were going to redevelop that area (which had been mostly residential) to commercial use. They asked to remove his 4-plex and Mr. Liggett now owes the City $7,000 for that service. From 1995 to 2002 no redevelopment took place. He said that in 2002 the county reassessed his property to commercial and also raised the taxes to almost an additional $600. He had asked for a Board of Equalization hearing but it had been unsuccessful. He had been told at the meeting that these properties were worth far more than the appraisal. Over the 26 years he has listed the property for sale with absolutely no response and he disagrees with the value. He had called Building Inspection and had been told that each lot separately was not buildable.

Mr. Liggett indicated that the County Assessor's Office had told him that if he listed his properties for less than the market value, his taxes would be lowered. He contacted Century 21 Realty and asked them to lower the sale price by half. When the taxes had not been lowered after 3-4 months, he called the Assessor's Office and was told they could not lower the taxes, he would have to take the issue to the State Tax Commission. He expressed frustration because this was not what he had been told. He said he discovered the Assessor's Office had combined his lots to make one buildable lot and questioned it stating that the property had two tax ID numbers. He was told that this was done all the time. Mr. Liggett went before the Tax Commission and said that Judge J. Payne had not been aware of any prior case where the Assessor combined property to increase value, however, the judge had ruled that the Assessor had legal permission to value these two lots as one economic unit. He checked with Attorneys in Wyoming and realtors in Weber County and they were not familiar with this process. Mr. Liggett noted he had the official findings from the Tax Commission which stated that separately these properties were not developable due to size. He transferred ownership of one parcel to his ex-wife. However, this year the taxes went up on both parcels and Mr. Liggett requested another hearing and the Assessor's Office told him his properties were undervalued. He stated there had been no commercial upstart in that block in 26 years. The property is being used for a public landfill and annually he comes from Wyoming, rents a backhoe, and takes several loads from it.

Mr. Liggett felt he had been dealt with unjustly. He disputed having to pay almost $1,000 for both lots when he had been paying a total of $327. He wanted to find out if there was a way to get some tax reduction. He had checked and found there were four adjacent land owners but he was the only out of state owner whose values had been combined.

Chair Cain explained that normally when an issue is to come before the commissioners, they receive some history and background information prior to the meeting to give them an opportunity to review the issue. Mr. Liggett offered to give them a copy of the information that he has had for two years. Commissioner Bischoff asked if the Tax Review Committee had heard this issue and Mr. Liggett was not aware of this committee. Doug Larsen, County Assessor's Office, noted that Mr. Liggett had filed an appeal for the 2004 assessment and his office had not yet concluded an opinion of value. Chair Cain asked Mr. Liggett to give a copy of the information to the Assessor's Office since there is an appeal underway.

 

 3. Tax relief request for G.K. Holland Enterprises, LSN 07-344-0011

Margarit Nersisian, Clerk/Auditor's Office, stated that this issue had been heard by the Tax Review Committee which recommended denying the request for tax relief because property ownership is recorded under a business name and statute states that tax relief cannot be granted in this case. Mr. Holland had purchased this property for his father and mother-in-law so that they could live on the property but it is not in their name. Chair Cain asked if the petitioner was present and he was not.

Commissioner Bischoff moved to deny the tax relief request for G.K. Holland Enterprises, LSN 07-344-0011 because property ownership is recorded under a business name; Chair Cain seconded, both voting aye.

 

4. Tax relief request for Dolores M. Cowdin, LSN 07-102-0027

Margarit Nersisian, Clerk/Auditor's Office, stated that this issue had been heard by the Tax Review Committee which recommended denying the request for tax relief because statute does not allow granting tax relief for prior years. Ms. Cowdin has applied for tax relief for 2004 and her application has been accepted, however, she did not apply in 2001 and 2003. Chair Cain asked if a letter was automatically sent out to people who filed for tax relief informing them they needed to file annually and Ms. Nersisian replied it was mailed early February each year. Additionally, starting with last year, reminders are sent out, and there is also a checked box on the tax valuation notice indicating if someone has applied. Chair Cain asked if the petitioners were present and they were not.

Commissioner Bischoff moved to deny the tax relief request for Dolores M. Cowdin, LSN 07-102-0027 because statute does not allow granting tax relief for prior years; Chair Cain seconded, both voting aye.

5. Tax relief request for Francois Rahkonen, LSN 11-105-0018

Margarit Nersisian, Clerk/Auditor's Office, stated that this issue had been heard by the Tax Review Committee which recommended denying the request for tax relief because the property is in an irrevocable trust and statue does not allow relief in such a case. The Rahkonens, an elderly couple, were present. Ms. Rahkonen stated that the same trust had been in effect last year and they had received the relief and Ms. Nersisian explained that this fact had been inadvertently overlooked. Ms. Rahkonen said they could not pay that kind of tax and outlined the dire financial situation they were in and the many repairs needed to the dilapidated property. They had not filed an appeal because to do a neighborhood comparison they would have had to give names and addresses of friends whose houses were much better than theirs who paid a lesser tax.

Legal counsel stated that the nature of the trust did not allow tax relief because the Rahkonens had transferred property ownership. Mr. Rahkonen stated that the only reason it was in an irrevocable trust was at the suggestion of their attorney to protect their home from possibly being taken to pay for court costs against an incompetent hospital six years ago when he had cancer. Chair Cain said it appeared there was no way to grant relief because the property was not owned by them but there might be other avenues to pursue, such as contacting the city. She suggested the Rahkonens begin by meeting with the Assessor and the Clerk's Offices and the property value being reviewed. Chair Cain explained that if they could not pay taxes for five years, the property would go to tax sale and at that time they would be given an opportunity to either pay the taxes or settle with the county. Commissioner Bischoff stated that the commissioners had to comply with the law and would work hard to hopefully get the taxes to a manageable level for them.

Commissioner Bischoff moved to deny the tax relief request for Francois Rahkonen, LSN 11-105-0018 because the property is in an irrevocable trust, but with the caveat that other options be looked at to help the Rahkonens with the tax value; Chair Cain seconded, both voting aye.

 

 6. Tax relief request for prior years for Anthony Carrera, LSN 13-034-0020

Margarit Nersisian, Clerk/Auditor's Office, stated that this item was heard by the Commission previously (7/27/2004). Mr. Carrera is 100% Vietnam era veteran who applied for 2004 veteran exemption but had not filed for prior years. Statute does not allow granting tax relief for prior years. Mr. Carrera's property taxes are delinquent for the years 2001 through 2003. This item was heard by the Tax Review Committee again which recommended settlement but legal counsel's recommendation had been to wait until the property appears on the tax sale in 2006. David Wilson, Deputy County Attorney, explained that the settlement option had been set up for when property is going up for tax sale. Mr. Carrera stated that he had PTSD and expressed frustration with the process, he felt like the victim, that he had not been called when there was a hearing, and the Veterans Administration had also not helped him. He asked that information be mailed to him explaining the process and the Attorney's Office will draft that letter.

Commissioner Bischoff moved to deny the tax relief request for prior years for Anthony Carrera, LSN 13-340-020 because statute does not allow granting tax relief for prior years, but if the property goes to tax sale in 2006 that a settlement be looked at; Chair Cain seconded, both voting aye.

 

7. Technical changes to Tax Relief Policy, revising the Veteran Tax Relief section completely to comply with the law changes

Margarit Nersisian, Clerk/Auditor's Office, stated that the Veteran Tax Relief section had been revised to comply with statutory changes. Chair Cain asked if it had been reviewed by legal counsel and Ms. Nersisian indicated having sent a copy to the County Attorney's Office. Legal counsel responded that review of this item would have been the responsibility of Deputy County Attorney, Monette Hurtado, who was not available today.

Commissioner Bischoff moved to approve the technical changes to Tax Relief Policy 12.5, revising the Veteran Tax Relief section, subject to legal review; Chair Cain seconded, both voting aye.

8. Composting Interlocal Cooperation Agreement between Weber County and Central Weber Sewer Improvement District - Contract C2004-119

Karlene Linford, Solid Waste, stated that this agreement had existed since inception of the composting facility but it needed to be renewed. The only changes to the agreement is that the county will extend the asphalted road for access to the green waste facility as outlined in Exhibit "B." Under this agreement, the District leases to county approximately 13 acres of an asphalted area for composting use at the rate of $1/year and the county maintains the site and the asphalted road for dust control. The agreement is effective January 1, 2004 and continues for a period of 50 years. The District supplies bio-solids and all the treated water for the composting process.

Commissioner Bischoff moved to approve Contract C2004-119, Composting Interlocal Cooperation Agreement between Weber County and Central Weber Sewer Improvement District; Chair Cain seconded, both voting aye.

 

9. Discussion and/or action on whether the Weber County Commission favors the incorporation proposal of Eden City

David Wilson, Deputy County Attorney, stated that the county had followed the statutory process regarding this feasibility study. Even though the sponsors had indicated their intention to withdraw further action on this matter, statute calls for the County Commission to indicate whether they favor or disfavor incorporation. The discussions at the two public hearings showed that it would cost the residents of Eden a significant amount of money to provide services for themselves and the sponsors had withdrawn their application.

Commissioner Bischoff moved that the County Commission was not in favor of either Option 1 or Option 2B of the incorporation proposal for Eden City due to the cost to the people in the incorporation area; Chair Cain seconded, both voting aye.

10. A Resolution Appointing a Weber County Representative and an Alternate Representative for the Utah Counties Insurance - Resolution 22-2004

David Wilson, Deputy County Attorney, stated that each year the Utah Counties Insurance Pool requests that the county appoint a representative and an alternate for the membership meeting.

Commissioner Bischoff moved to adopt Resolution 22-2004 appointing Kenneth A. Bischoff as the Weber County representative and, David C. Wilson, as an alternate representative for the Utah Counties Insurance Pool membership meeting; Chair Cain seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Cain aye

11. Resolution approving the extension of maturity of the Weber County Housing Authority's Multifamily Housing Revenue Refunding Bonds (Cherry Creek Apartments Project) Series 1991 for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended - Resolution 23-2004

David Wilson, Deputy County Attorney, noted that the Housing Authority had met and approved this resolution in substance but bond counsel acting for the Cherry Creek Apartments project asked that the County Commission approve a resolution as well. Cherry Creek had requested that the outstanding bond's maturity date be extended to 2039 to take advantage of certain tax advantages. This was the only change. Commissioner Bischoff pointed out that there was no financial obligation to the county in relation to these bonds.

Commissioner Bischoff moved to adopt Resolution 23-2004 authorizing and providing for the execution and delivery by the Weber County Housing Authority of a Second Supplemental Indenture in connection with the Authority's Multifamily Housing Revenue Refunding Bonds (Cherry Creek Apartments Project) Series 1991 and for the execution of new Bonds as required by the Indenture for such Bonds, as so amended; and certain related matters; Chair Cain seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Cain aye

G. Public Hearings

Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Chair Cain seconded, both voting aye. 1.

2. Public Hearing to consider Zoning Petition ZP #08-2004 to amend the Zoning Ordinance by changing language in Chapter 23, Section 29, Large Buildings

Kevin Hamilton, County Planning Department, stated that this was a petition by an Ogden Valley resident who desired to place a garage in front of his home. The current ordinance does not allow a building over 1,000 sq. ft. in front of the residence but does allow several 900 sq. ft. buildings in front of a residence. Several other requests have come in recently for accessory buildings in front of dwellings. Mr. Hamilton noted that the Ogden Valley now requires a minimum 3-acre building lot. He showed pictures of Ogden Valley where people located a building in front of their houses, noting that the same architectural style and materials had been used in these buildings as their home, thus providing an aesthetic, pleasing look.
This ordinance change would allow construction of an accessory building in front of the home providing that it is smaller than the home, that it is at least 100 ft. from the front property line and that it meets the architectural style and material of the home. It also addresses size limits for accessory buildings that are behind the home, whereas currently size is unlimited, and, that any accessory building that is twice the size of the primary dwelling is to be approved by the Planning Commission as a conditional use. Chair Cain invited public comments and none were offered.

3. Public Hearing to consider the initial zoning for the parcels of ground that were disconnected from Pleasant View City at approximately 2700 North Highway 89

Kevin Hamilton, County Planning Department, stated that recently approximately 80 acres of land had been disconnected from Pleasant View City and returned to unincorporated Weber County. This was the first time of such an occurrence in the county, thus the county did not have an adopted procedure for zoning properties disconnected from cities. The county has four options which were presented at the Planning Commission: 1) to grant a temporary zoning regulation restricting construction or alteration of any building/structure or subdivision approval until a procedure is established, 2) to zone the property to a county zone that most closely matches the existing uses–this is the option the Planning Commission chose. The property owners had been given the opportunity to bring in a concept development plan (which is required as part of an application for rezoning) but had not done so and the Planning Commission based their recommendation on the current property use. If the County Commission chose to follow the Planning Commission's recommendation, the property owners could submit an application to have their property rezoned to the zoning of their choice. 3) to attempt to match the zoning that closely matches the zoning that the property had in Pleasant View City and apply that zoning to the property, 4) the owners of the property would like their entire property zoned Manufacturing Zone M-1, however, Planning staff must be able to review the concept development plan. Mr. Hamilton stated that a concept development plan would be required of any property owner whose property is located in the unincorporated area who is requesting a zoning change. While this is not a traditional request for rezoning it would be a change in zoning from unzoned property to M-1. He noted that after the initial zoning was in place, any zoning change to the property would require that all Zoning Ordinance requirements be met.

Chair Cain invited public comments and the following is a summary: Joe Chambers, Attorney for landowners, stated the landowners were requesting M-1 zoning, that the property was located near the Industrial Park between the Railroad tracks and Hwy. 89, and he wanted the commissioners to be free from influence exerted by Pleasant View. Chair Cain noted that there had been no undue influence. Reed Mackley, a landowner, stated that all the owners had agreed and wanted the manufacturing zoning. Paul Mackley, who cited experience with the subject land for 10 years, stated that this process had not been well understood and it needed to be clarified for the future. David Skeen, landowner, who works with Landmark Engineering, stated that the property met the criteria for the M-1 zoning and it also suited his property best. Bert Smith, landowner, said that Pleasant View never gave support to change the zoning. Dan Baugh stated he was not a property owner but asked the Commission to grant the rezoning today to the M-1, that they should allow the free market process to move forward.

4. Public Hearing to consider the Local Law Enforcement Block Grants (LLEBG)

Terry Shaw, County Sheriff's Office, presented this item. The LLEBG program provides funds to units of local government to underwrite projects that reduce crime and improve public safety. The use of these funds are regulated. This year the Sheriff's Office will receive $3,500 from the federal government which will be used towards paying the debt on the video arraignment equipment. Chair Cain invited public comments and none were offered.

5. Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Chair Cain seconded, both voting aye.

6. Action on public hearings:

G.2.-Public Hearing to amend the Zoning Ordinance by changing language in Chapter 23, Section 29, Large Accessory Buildings
Commissioner Bischoff moved to direct County Planning staff to prepare the ordinance for next week's meeting amending the Zoning Ordinance by changing language in Chapter 23, Section 29, Large Accessory Buildings; Chair Cain seconded, both voting aye.

G.3.-Public Hearing to consider the initial zoning for parcels of ground disconnected from Pleasant View City at approximately 2700 North Highway 89

David Wilson, Deputy County Attorney, noted that he had just stepped out to speak with Mr. Chambers, legal counsel for the group of land owners. Mr. Chambers believed they could have their concept development plans to staff within the next couple of weeks. Mr. Wilson asked that this item be tabled until such time when staff indicates having received those plans.
Commissioner Bischoff moved to table this item until the landowners submit their concept development plans to the county; Chair Cain seconded, both voting aye.

G.4.-Public Hearing on Local Law Enforcement Block Grants (LLEBG)
Commissioner Bischoff moved approve the Local Law Enforcement Block Grants (LLEBG) in the amount of $3,500 to be attributed towards the video arraignment equipment debt; Chair Cain seconded, both voting aye.

 

H. Assign Pledge of Allegiance &Thought of the Day for Tuesday, October 19, 2004, 10 a.m.

I. Public Comments:

James Fisher, Pleasant View City Mayor stated that the city's general plan already allowed a mixed commercial and manufacturing use in the area addressed in item G.3., and that it had been put in place at the owners' request.

J. Closed Executive Session: It was not held.

K. Adjourn
Commissioner Bischoff moved to adjourn at 12:22 p.m.; Chair Cain seconded, both voting aye. seconded, all voting aye.

Camille T. Cain,
Weber County Commission

Chair Linda G. Lunceford, CPO
Weber County Clerk/Auditor