Minutes for 2005-03-22, 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: Kenneth A. Bischoff, Chair, and Craig L. Dearden. Camille T. Cain was excused.

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

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

D. Consent Items:
1. Purchase Orders in the amount of $503,488.31
2. Warrants #199483 - #199733 in the amount of $1,681,228.77
3. Request to surplus property Serial #09-038-0015 at approximately 2150 West 5500 South
Richard Badger, County Operations, showed an area map and addressed the commissioners' questions. This parcel is approximately 18 ft. wide. It went out for bid previously and there were no responses. There are now property owners there who have stated interest in this strip of land. There are utilities under this property.
Commissioner Dearden moved to approve the consent items; Chair Bischoff seconded, both voting aye.

E. Presentations:

1. Presentation of Seal of Service Award to Scott Havey

Leonard Call, Information Technology Director, stated that Mr. Havey, the county's data base administrator, oversees all the data in the county and ensures it is organized and secure. Mr. Call noted that this was a very vital position in the county. Chair Bischoff presented Mr. Havey with a plaque, an obelisk, a Seal of Service pin, and $50. Mr. Havey thanked the Commission and everyone in his department.

2. Presentation of Property In Lieu of Taxes Check

Robert Hasenyager, Division of Wildlife Resources, explained that Wildlife Resources acquired necessary critical deer winter range and waterfowl range from private landowners on occasion for perpetuation of wildlife uses. Wildlife Resources entered into a contractual obligation with each county years ago and pays fifty cents per acre in lieu of taxes. Mr. Hasenyager presented a check for over $8,150. He asked the commissioners if there were any wildlife issues he needed to be aware of and there were none.

F. Action Items:

1. Approval of contract by/between Weber County &Hee Bee Gee Beez for a Collectable Toy Show to be held at Golden Spike Event Center on April 1 & 2, 2005 - Contract C2005-30

Jennifer Graham, gave a brief overview of this standard contract.
Commissioner Dearden moved to approve Contract C2005-30 by/between Weber County &Hee Bee Gee Beez for a Collectable Toy Show to be held at the Golden Spike Event Center on April 1 & 2, 2005; Chair Bischoff seconded, both voting aye.

2. Approval of contract by/between Weber County & Spikers High School Rodeo for Spikers High School Rodeo to be held April 1 & 2, 2005 at Golden Spike Event Center - Contract C2005-31

Jennifer Graham, gave a brief overview of this standard contract.
Commissioner Dearden moved to approve Contract C2005-31 by/between Weber County and the Spikers High School Rodeo for the Spikers High School Rodeo to be held April 1 & 2, 2005 at the Golden Spike Event Center; Chair Bischoff seconded, both voting aye.

3. Approval of contract by/between Weber County and the U.S. Forest Service for a survey of the Pineview boundary - Contract C2005-32

Ernest Rowley, County Surveyor's Office, stated that the purpose of this contract was for the Surveyor's Office to survey, monument, mark and post boundary lines between private property and National Forest System lands. This is phase three of an ongoing contract, which is renewed annually. The cost, to be paid by the Forest Service for this phase, is up to $25,000.
Commissioner Dearden moved to approve Contract C2005-32 by/between Weber County and the U.S. Forest Service for a survey of the Pineview boundary; Chair Bischoff seconded, both voting aye.

4. Tax Relief Request for Richard Tiger -LSN 13-025-0002-for years 2000, 2002 & 2004

Margarit Nersisian, Clerk/Auditor's Office, stated that Mr. Tiger had filed for tax relief for the years 2001 and 2003 but failed to file for 2000, 2002 and 2004. The laws regarding granting tax relief are very specific and require the taxpayer to file the application annually in order to qualify. Once a taxpayer files the first year, the Clerk/Auditor's sends application forms the following years. The Tax Review Committee recommended denying this request. Chair Bischoff asked if Mr. Tiger was present and he was not.
Commissioner Dearden moved to deny the request for tax relief for Richard Tiger, LSN 13-025-0002, for the years 2000, 2002 and 2004; Chair Bischoff seconded, both voting aye.

5. Request to waive interest & penalty for Tyler Shaw, LSNs 02-074-0041 & 02-074-0043

Margarit Nersisian, Clerk/Auditor's Office, stated that these two properties were on the county's current tax sale list and that Mr. Shaw contacted the County Treasurer's Office in 2002. There are three dentists in the office and they have 12 parcels–condominium offices–in their building. The three dentists had divided this between them, but they put the wrong names on the parcels. Ms. Nersisian addressed the issue with the Recorder and Treasurer's offices and found that the county recorded the documents as they were presented; the county made no errors in this item. The errors were made by the three dentists. Mr. Shaw, by mistake, paid another dentist's taxes thinking they were his taxes. The other dentist has not paid the taxes.
Commissioner Dearden moved to deny Tyler Shaw's request to waive interest and penalty on LSNs 02-074-0041 and 02-074-0043; Chair Bischoff seconded, both voting aye.

6. Final approval of Cascades at Moose Hollow Condominiums Phase 5, 6 units, at 35 North Fox Run, & acceptance of the $159,785.10 financial guarantee for subdivision improvements

Kevin Hamilton, County Planning Department, stated this was an ongoing condominium project in the Wolf Creek area. The Planning Commission unanimously recommended approval of this item.
Commissioner Dearden moved to grant final approval of Cascades at Moose Hollow Condominiums Phase 5, 6 units, located at 35 North Fox Run, and acceptance of the financial guarantee for $159,785.10 for subdivision improvements; Chair Bischoff seconded, both voting aye.

7. Appointment of a member to Western Weber County Township Planning Commission

Chair Bischoff stated that there had been a resignation on this Planning Commission. Three applications were received after advertising. He noted that all three were very qualified. Kevin Hamilton, County Planning Department, stated he was familiar with Susan Huckleberry, who had served on the former Weber County Planning Commission, and currently served on the Board of Adjustment.
Commissioner Dearden moved to appoint Susan Huckleberry to the Western Weber County Township Planning Commission with a term expiring 05/04/08; Chair Bischoff seconded, both voting aye.

8. Appointment of a member to the Ogden Valley Township Planning Commission

Kevin Hamilton, County Planning Department, stated that there had been a resignation on this Planning Commission. Mr. Hamilton said that both applicants had served well previously.
Commissioner Dearden moved to appoint Jim Banks to the Ogden Valley Township Planning Commission with a term expiring 05/04/08; Chair Bischoff seconded, both voting aye.

9. Final approval of a Financial Advisory Agreement by/between Weber County &Zions Bank - Contract C2005-33

Dan Olsen, County Comptroller, outlined the two minor changes made to this contract including that an opportunity was provided for Zions to participate if the county agreed to authorized competitive sales for bonds and the termination clause was changed from 60 to 30 days per Zions' request. Mr. Olsen stated that Requests For Proposals had been issued in October for financial advisory services and Zions Bank was chosen. This is a 4-year contract and the fees will be paid out of bond proceeds as part of cost of issuance.
Commissioner Dearden moved to approve Contract C2005-33, Financial Advisory Agreement by and between Weber County and Zions Bank; Chair Bischoff seconded, both voting aye.

10. Final approval of Belmont Park Estates Phase 2

Kevin Hamilton, County Planning Department, showed an area map of this subdivision in western Weber County located approximately at 1800 S. 4300 W. He stated there was a financial guarantee in the amount of $112,055. The Planning Commission had unanimously recommended approval of this item.
Commissioner Dearden moved to grant final approval of Belmont Park Estates Phase 2 and acceptance of the financial guarantee in the amount of $112,055; Chair Bischoff seconded, both voting aye.

11. Resolution appointing members to the Christmas Village Committee

Chair Bischoff explained that the county partnered with Ogden City in funding the Christmas Village and, thus, made appointments to the Committee. The county was notified of vacancies and Ogden City has requested that the four members, whose terms expired on February 10, 2005, be reappointed for an additional term.
Commissioner Dearden moved to adopt Resolution 14-2005 appointing Stacy Cornell, Jane Martin, LouAnn Kamagaki, and Dixie Jackson to the Christmas Village Committee; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

12. Final approval of Ordinance amending Chapter 10, Title 6, of the Weber County Ordinances specifying the procedures for the preparation, review, enactment and publication of ordinances of Weber County - Ordinance 3

David Wilson, stated that the first reading of this ordinance had taken place last week and referred to the modifications as suggested by the Commission: additional county departments had been added to the ordinance that are to receive hard copies of ordinances.
Commissioner Dearden moved to adopt Ordinance 2005-3 amending Chapter 10 Title 6 of the Weber County Ordinances specifying the procedures for the preparation, review, enactment and publication of ordinances of Weber County; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

13. Action on refunding penalties paid on three land serial numbers 30-300-7165, 30-300-7166 and 30-300-7171 for 2004 taxes paid late

John Bond, County Treasurer's Office, stated that Fresenius Corporation leases a building at Business Depot Ogden. Blake Rudolf, Tax Manager of Prudential Financial representing Fresenius, had requested a refund of $3,746.32 in penalties already paid for the three land serial numbers under the privilege tax. The Tax Review Committee recommended not waiving the penalties feeling that, although Prudential's staff did not understand the privilege tax method of taxation, it did not alleviate their responsibility to pay the taxes timely. Prudential could not conclude they owed the taxes and did not pay them but Prudential did not seek assistance from the Boyer Company or the county at that time. They did so after receiving the delinquent letter and have requested the penalties be returned to them.
Commissioner Dearden moved to deny the request to refund penalties paid on LSNs 30-300-7165, 30-300-7166 and 30-300-7171 for 2004 taxes paid late; Chair Bischoff seconded, both voting aye.

14. Action on refunding overpaid property taxes on parcels 07-613-0001, 07-613-0002 and 07-613-0003

John Bond, County Treasurer's Office, stated that the county had miscoded these properties in 2003 and the Tax Review Committee recommended refunding the overpayment of taxes due to the county's error in the amounts of $122.03, $109.70 and $130.41.
Commissioner Dearden moved to refund overpaid property taxes on LSNs 07-613-0001, 07-613-0002 and 07-613-0003 in the amounts of $122.03, $109.70 and $130.41; Chair Bischoff seconded, both voting aye.

15. Action on refunding taxes for 2001 and 2002 to Burbidge Concrete Pumping

John Bond, County Treasurer's Office, stated that Burbidge Concrete Pumping is generally centrally assessed. The State Tax Commission determines the value and sends the county the amount it should collect. In similar cases, the State sends the county an order and the county mails out the refund. In this case, the State Tax Commission classified Burbidge Concrete in the wrong category of business but refused to hear the case. The State's letter acknowledged Burbidge Concrete had overpaid. The County Tax Review Committee recommended refunding the overpayment.
Commissioner Dearden moved to refund $560.61 to Burbidge Concrete Pumping for 2001 and 2002 overpaid taxes; Chair Bischoff seconded, both voting aye.

16. Approval of an easement by and between Weber County and Ogden City through the Fair View Manor Development - Contract C2005-34

Richard Badger, County Operations Department, stated this easement was located at the northern end of the Weber County Fairgrounds. Mr. Badger showed an area map indicating the Fairgrounds' secondary water line and stating that currently there was no existing easement for that waterline. He pointed out where Ogden City's detention pond would be located. Under this agreement, the county gives an easement for a detention pond and the City gives an easement for the county's existing secondary water line. Mr. Badger had spoken with Curtis Christensen, County Engineer, about this issue and the county will also share in the detention pond because the county's runoff will flow into it. The Fair View Manor owners are responsible for placing the detention pond. Mr. Badger stated that a representative of Fair View Manor was present with 3-D Construction as well as Mr. Christensen. Chair Bischoff asked if legal counsel had any concerns and Mr. Wilson did not and those present had no additional comments.
Commissioner Dearden moved to approve Contract C2005-34, an easement by and between Weber County and Ogden City through the Fair View Manor Development; Chair Bischoff seconded, both voting aye.

G. Public Hearings to be held at 6:00 p.m., 3rd Floor, Commission Conference Room

1. The meeting was recessed and reconvened for the public hearings at 6:00 p.m.
Commissioner Dearden moved to reconvene the public hearings; Chair Bischoff seconded, both voting aye.

2. Public Hearing to vacate Wadman Subdivision at 6065 N. 2250 E. & all utility easements

The commissioners had reviewed the information for this issue. There were no public comments.

3. Public Hearing to allow any interest person to address the proposed annexation of lots 50, 51 & 52 of Radford Hills Subdivision No. 6A, into Pineview West Sewer Improvement District

David Wilson, Deputy County Attorney, stated that the purpose of this meeting was to allow any interested persons to address this proposed annexation. There were no public comments.
Commissioner Dearden moved to adjourn the public hearings and reconvene the public meeting; Chair Bischoff seconded, both voting aye. 4.

5. Action on public hearings:

G.2. - Public Hearing to vacate Wadman Subdivision - Ordinance 2005-4
Commissioner Dearden moved to adopt Ordinance 2005-4 vacating the Wadman Subdivision located at 6065 North 2250 East and all utility easements; Chair Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Bischoff aye

 G.3. - Public Hearing to allow interest persons to address the proposed annexation of lots 50, 51 & 52 of the Radford Hills Subdivision No. 6A, into Pineview West Sewer Improvement District

No action was required on this item.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 29, 2005,10 a.m.

I. Public Comments: None

J. Adjourn
Commissioner Dearden moved to adjourn the meeting at 6:05 p.m.; Chair Bischoff seconded, both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor