Minutes for 2004-10-05, 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: Monette Hurtado, 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 Kevin Hamilton
C. Thought of the Day was offered by Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $230,351.97
2. Warrants #193492 - #193793 in the amount of $1,429,387.93
3. Minutes of the regular Commission meetings held September 21, 2004 and September 28, 2004
4. Request to set date of October 12, 2004 as a Public Hearing for Local Law Enforcement Block Grant
Commissioner Burton moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

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

This item was held until next week.

2. Appointment to the Weber/Morgan Health Department Board of Directors

Chris Allred, Deputy County Attorney, stated that the Health Board had submitted two names for the Commission's consideration to fulfill the unexpired term of Dr. Eggert.
Commissioner Bischoff moved to appoint Dr. Deanna L. Byck to the Weber/Morgan Health Department Board of Directors; Commissioner Burton seconded, all voting aye.

3. Extension request for Monastery Cove Subdivision, Phases II and III until November 1, 2004

Kevin Hamilton, County Planning Department, stated that the Ogden Valley Township Planning Commission recommended denying this request.

This subdivision originally came before the County Commission in the late 1990's. Phase I was recorded about three years ago and the petitioners had received some extensions up to this point. The subdivision received final approval from the Planning Commission in July 2003 and had one year from that date to get it recorded, however, this did not happen. In these cases, the Subdivision Ordinance states that the plat shall not be recorded and shall have no validity.  This Spring, the petitioners worked to get their plat recorded and experienced some problems–their waste water approval period (for 18 months) had expired and they had to meet the requirements of Huntsville Water, the subdivision's water provider. These issues were not resolved by the July 22, 2003 expiration date.

There was much discussion on this item. Monette Hurtado, Deputy County Attorney, stated that this item was somewhat unique because the petitioners started the process prior to the change in the Subdivision Ordinance where the county previously did not have any restrictions on how many times an extension could be requested. Ms. Hurtado believed the petitioners had received two extensions prior to the ordinance change. As a result of this change, a petitioner can request an extension but has to do so prior to the expiration of that time period. The time had expired in this case. The Planning Commission and legal counsel did not feel that Planning staff made any errors in corresponding with the developer.

The developer, Gibbs Smith, stated that they had an agreement with Huntsville City to supply their culinary water, which they supplied to Phase I, but the agreement was that they would also supply it to Phases II and III. It became clear to the developer this Spring that Huntsville was not going to supply culinary water if the developer would not supply secondary water. This caused some problems for the developer, who did not have to supply secondary water to Phase I. A complicating factor was that there were homeowners living in Phase I already. In order to have secondary water supplied to Phases II and III, all the homeowners in Phase I needed to participate in the secondary water system. Mr. Gibbs stated these issues had now been resolved, there would be a secondary water system, and the plat was ready to be recorded, but they had been so absorbed in the issues that they overlooked the necessity to file for an extension. He explained that there had been two other extensions, due to a ground water problem in Phase I. He asked to be allowed to proceed with the recording of the plat. He indicated they had enough acreage in Phases II and III to meet the qualifications for the current zoning but the way they had configured these phases, it allowed some quite large lots and some smaller ones (i.e.,1.7 acres), and if they were forced through a denial to reconfigure, it would push the lots higher up on the hillside, which they did not wish to do.

Commissioner Burton asked how many acres and how many lots in these two phases; he wondered if this project qualified for clustering. There are 32 acres and 11 building lots. Ms. Hurtado said that it might qualify but it would be based on a resubmittal requesting a density bonus. Chair Cain asked how long the developer had been trying to obtain this extension so that he could proceed with his existing plan and Mr. Hamilton said that the request was received about three weeks ago. This request could not be granted because his agreement had expired and he had not requested an extension prior to the expiration of the time period. Mr. Hamilton said that the Health Department had sent the developer a letter during the original approval for these lots that stated they had 18 months for completion, and County Planning had also sent a letter to the developer's engineer last fall discussing several engineering issues that included Huntsville Water's requirements, which were part of the original approval. Mr. Smith felt that a good reason to grant an extension was that Huntsville had never made their requirements known regarding the secondary water system issue until a meeting in May 2004. Commissioner Bischoff said that this was not a justified reason, that there had been a deadline and the developer had not complied, though the Commission wished to work with him, and Mr. Smith concurred.

Ken Gardner, Gardner Engineering, said that the critical issue for Mr. Smith was the irrigation system–they had to go back and work with the homeowners of Phase I and they could not bond for Phase I because the lots were sold. Commissioner Burton noted that the Commission did not have authority to extend something that had expired. He did not understand why options had not been discussed at the Planning Commission how to proceed with the expired application for this project and suggested sending it back to the Planning Commission with a recommendation that they look at the bonus with this particular plan that had been submitted to see if it could be adopted with that bonus consideration. Ms. Hurtado reiterated that the developer would have to reapply for the potential for density bonus.
Because the County Commission did not have authority to grant an extension for an expired application, Commissioner Burton moved to deny the extension request for Monastery Cove Subdivision, Phases II and III, and to send it back to the Planning Commission to be resubmitted with a bonus consideration; Commissioner Bischoff seconded, all voting aye.

4. Request for final subdivision approval of The Fairways at Wolf Creek P.R.U.D., Phase 1 Amended, consisting of 17 units at approximately 3900 N. Wolf Creek Drive, including a financial guarantee of approximately $96,000.00

Kevin Hamilton, County Planning Department, noted that this item had been before the Commission last week for a revised P.R.U.D. plan. The Planning Commission had unanimously recommended approval of Phase I, including a financial guarantee for $96,000. He asked that approval be subject to legal review of the financial guarantee–they needed an opportunity to review the documents. This subdivision had originally been approved with several duplexes but would now have two duplexes and the remaining units would be single family dwellings.
Commissioner Burton moved to grant final subdivision approval of The Fairways at Wolf Creek P.R.U.D., Phase 1 Amended, consisting of 17 units at approximately 3900 N. Wolf Creek Drive, including a financial guarantee of approximately $96,000.00, subject to approval by the County Attorney's Office of the financial guarantee; Commissioner Bischoff seconded, all voting aye.

5. Request for approval of a revised financial guarantee for Trappers Ridge at Wolf Creek P.R.U.D. Phase 3 in the amount of $333,638.50

Kevin Hamilton, County Planning Department, stated that the developer had completed several of the improvements that were required as part of the original financial guarantee and had originally escrowed $333,638.50 with the county but was now going to use a letter of credit for approximately $94,517.50 to replace the remaining amount of the existing financial guarantee. Mr. Hamilton requested that this approval be subject to the money escrowed not being released until the County Engineer and Attorney's offices had an opportunity to review it.
Commissioner Bischoff moved to approve a revised financial guarantee for Trappers Ridge at Wolf Creek P.R.U.D. Phase 3 in the amount of approximately $94,517.50, subject to review by the County Engineer and Attorney's offices; Commissioner Burton seconded, all voting aye.

6. Request for approval of amendment to CDBG contract for Your Community Connection Senior Life Program - Contract C2004-112

Dennis Richardson, County Engineering, presented this amendment to the budget of Your Community Connection Senior Life Program, which had received a CDBG grant in 2003 for $90,000 to be granted over a 3-year period of time. This amendment simply allows them to receive their second $30,000 allotment.
Commissioner Burton moved to approve Contract C2004-112, an amendment to CDBG contract for Your Community Connection Senior Life Program; Commissioner Bischoff seconded, all voting aye.

7. Request to approve a contract by & between Weber County & Western States Racing Association for Western States Demolition Derby to be held October 9, 2004 - Contract C2004-113

Amy King, GSEC, presented this standard contract, which included the appropriate insurance.
Commissioner Bischoff moved to approve Contract C2004-113, a contract by and between Weber County and Western States Racing Association for the Western States Demolition Derby to be held October 9, 2004; Commissioner Burton seconded, all voting aye.

 8. Request to ratify and approve a contract by & between Weber County and Hispanic Match Horse Race for horse racing held on September 26& October 10, 2004 - Contract C2004-114

Amy King, GSEC, presented this standard contract, which included the appropriate insurance.
Commissioner Bischoff moved to ratify and approve contract C2004-114 by and between Weber County and Hispanic Match Horse Race for horse racing held on September 26, 2004 and October 10, 2004; Commissioner Burton seconded, all voting aye.

9. Request for a refund of Personal Property Tax paid twice: Account No. 462

Douglas Larsen, Assessor's Office, explained that both the leasing company and Dr. Newman had paid the property taxes on the medical equipment from 1999 through 2004 and Dr. Newman requested a refund of his portion in the amount of $1,813.83. The leasing company is the responsible party to pay this tax. The Tax Review Committee unanimously recommended the refund.
Commissioner Burton moved to approve a refund of personal property tax to Dr. Robert C. Newman in the amount of $1,813.83; Commissioner Bischoff seconded, all voting aye.

10. Request for a refund of tax paid on erroneous assessment: 19-032-0009, Weber School District

Douglas Larsen, Assessor's Office, noted that this parcel has been owned by the School District since 1994, which is exempt from taxation. Prior to 1994 the parcel was assessed in green belt. This assessment continued to take place and the School District continued to pay the taxes from 1994 through 2003 in the amount of $685.10. Mr. Larsen said that there had been lengthy discussion by the Tax Review Committee whether they could recommend a refund for that many years because it was beyond the number generally recommended. Ms. Hurtado said that the School District was using the property appropriately to be tax exempt and that the county had no legal right to impose the tax. The county had the correct information but did not take the property out of greenbelt. The Tax Review Committee unanimously recommended the refund.
Commissioner Burton moved to approve a refund to the Weber School District in the amount of $685.10 for LSN 19-032-0009,; Commissioner Bischoff seconded, all voting aye.

11. Request for refund of prior year tax on an erroneous assessment: LSN 22-042-0013

Douglas Larsen, Assessor's Office, stated that during its land reappraisal in 2000 the Assessor's Office had failed to recognize a reduction in value on this parcel because it is not developable. The Assessor's file included a letter from the Weber-Morgan Health Department indicating the subject parcel's inability to be developed and prior year assessments had acknowledged this and a reduction in value had been given. The property owner attempted to get this corrected but the file was not properly reviewed and the letter from the Health Department was overlooked. The Tax Review Committee's vote was 3 to refund, one opposed.
Commissioner Burton moved to approve a refund in the amount of $1,001.30 for tax years 2001 and 2002 for LSN 22-042-0013; Commissioner Bischoff seconded, all voting aye.

12. Request for correction of 2003 tax due to an erroneous assessment: LSN 15-131-0006

Douglas Larsen, Assessor's Office, indicated that through the Assessor's 2003 commercial reappraisal efforts the building size had been incorrectly identified as having 15,774 sq. ft. The actual area of the building is 13,374 sq. ft. The tax on this parcel has not yet been paid and Mr. Larsen requested that the tax due for 2003 be reduced by the net difference of $576.62. The Tax Review Committee's vote was 3 to refund, one opposed.
Commissioner Bischoff moved to approve the correction of the 2003 taxes due on LSN 15-131-0006; Commissioner Burton seconded, all voting aye.

13. Interlocal Cooperation Agreement for EMT First Responder Coverage by and between the North View Fire Agency and Weber County - Contract C2004-115

Brad Dee, Human Resources Director, presented this agreement whereby North View will provide backup first responder services to certain unincorporated areas of Weber County including the North Ogden Divide, Eden, Liberty and North Fork when the paramedic ambulance and primary first responders are not available. In the agreement, the county agrees to sell a surplus 2002 Chevrolet Suburban for $12,025 to North View for this EMT coverage. The contract term is from execution and continues through December 31, 2011.
Commissioner Burton moved to approve Contract C2004-115, Interlocal Cooperation Agreement for EMT First Responder Coverage by and between the North View Fire Agency and Weber County; Commissioner Bischoff seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 12, 2004 at 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Burton moved to adjourn at 10:55 a.m.; Commissioner Bischoff seconded, all voting aye.

Camille T. Cain
Weber County Commission

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