Minutes for 2005-04-19, 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: Craig L. Dearden, Vice Chair, and Camille T. Cain. Kenneth A. Bischoff, Chair, was excused. Commissioner Dearden conducted the meeting.

Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; and Dan Olsen, County Comptroller.

A. Welcome by Commissioner Dearden
B. Pledge of Allegiance was conducted by David Wilson
C. Thought of the Day was offered by Commissioner Cain and Shelly Halacy

D. Consent Items:
1. Purchase Orders in the amount of $252,102.27
2. Approval of Warrants #200384 - #200659 in the amount of $587,984.56
3. Request for approval of minutes for the meeting held on March 29, 2005 and April 12, 2005
4. Request for approval of new Business License Applications
Commissioner Cain moved to approve the consent items, holding the minutes for April 12, 2005; Commissioner Dearden seconded, both voting aye.


E. Presentation on the Historical Emigrant Trail that runs through Weber & Davis Counties

Cindy Gooch was hired by JUB Engineering to work on the historical Emigrant Trail, which currently goes through Davis County but has an opportunity to continue through Weber County. This trail was part of the California-Oregon trail and is known as the Salt Lake Cutoff. People came through this portion of the trail through Salt Lake City, Weber County cities–including Hooper and Plain City–and continued to Idaho. This portion of the trail had been somewhat forgotten but was a very important historical trail for immigrants–over one million animals and over 300,000 traveled over it.

Currently, over $3 million has been received in grants to develop this historical non-motorized trail through Davis County and they would like to continue it through Weber County. They are currently applying for a grant for Hooper City. She asked the Commission for a letter in support of this trail to go through Hooper and that it be put on the Master Plan for other communities to develop it all the way through Plain City. There will be 10-12 different parks along the trail, including the Nature Conservancy Visitors Center, offering many educational opportunities. Ms. Gooch said they plan to work with each community, allowing them to do a master plan of where they would like their trail and hopefully keep the alignment as true as possible. She stressed the importance of planning for the trail which currently mostly runs through undeveloped land. Once Weber County connects to the trail, it gives our county a considerable opportunity to connect with the trails that go through Layton and up to the Bonneville Shoreline Trail. Letters of support have been received from various groups including the Weber School and Davis School Districts, Utah Parks & Recreation, and Envision Utah. There is no trail system in the western part of Davis and Weber counties and this would be an asset. Ms. Gooch left an overlay map for the County Planning Department.F. Action Items:

1. Approval of a contract by and between Weber County and Plain City to provide Road Services in Plain City - Contract C2005-44

Kelly Hipwell, County Roads Department, addressed this item and the preceding one together. He stated that these were renewals of interlocal contracts to provide the cities with road services if they needed them in the future. Commissioner Dearden noted that the dates on the contracts were from July 1, 2002 to June 30, 2005 and they will be corrected to be effective July 1, 2005 through June 30, 2007. The contracts will then be forwarded to the cities.
Commissioner Cain moved to approve Contract C2005-44 by and between Weber County and Plain City for provision of road services in Plain City with the date correction as discussed; Commissioner Dearden seconded, both voting aye.

2. Approval of a contract by and between Weber County and Hooper City to provide Road Services in Hooper City - Contract C2005-45

See item F.1. above.
Commissioner Cain moved to approve Contract C2005-45 by and between Weber County and Hooper City for provision of road services in Hooper City with the date correction as discussed; Commissioner Dearden seconded, both voting aye.

3. Contract by/between Weber County and the Utah Gun Collectors Association for a Gun Show to be held at the Golden Spike Event Center on January 14 & 15, 2006 - Contract C2005-46

Jennifer Graham, Recreation Facilities Director, presented this item and the next two together. These are standard contracts with standard fees.

4. Contract by and between Weber County and the Utah Gun Collectors Association for a Gun Show to be held at the Golden Spike Event Center on March 11 & 12, 2006 - Contract C2005-47

See item F.3. above.

5. Contract by and between Weber County and the Utah Gun Collectors Association for a Gun Show to be held at the Golden Spike Event Center on October 14 & 15, 2006 - Contract C2005-48

See item F.3. above.
Commissioner Cain moved to approve Contract C2005-46, Contract C2005-47 and Contract C2005-48 by and between Weber County and the Utah Gun Collectors Association for gun shows to be held at the Golden Spike Event Center on January 14-15, 2006, March 11-12, 2006, and October 14-15, 2006, respectively; Commissioner Dearden seconded, both voting aye.

6. Contract by and between Weber County & the Crossroads of the West Gun Show for a Gun Show to be held at the Golden Spike Event Center on November 26 & 27, 2005 - Contract C2005-49

Jennifer Graham, Recreation Facilities Director, stated this was a standard contract.
Commissioner Cain moved to approve Contract C2005-49 by and between Weber County and the Crossroads of the West Gun Show for a gun show to be held at the Golden Spike Event Center on November 26-27, 2005; Commissioner Dearden seconded, both voting aye.

7. Contract by and between Weber County &Trapper Trails Council of BSA for a Duty to God Encampment to be held at the Golden Spike Event Center on May 20 & 21, 2005 - Contract C2005-50

Jennifer Graham, Recreation Facilities Director, stated this was a standard contract and the standard insurance requirements had been met.
Commissioner Cain moved to approve Contract C2005-50 by and between Weber County and Trapper Trails Council of BSA for a Duty to God Encampment to be held at the Golden Spike Event Center on May 20-21, 2005; Commissioner Dearden seconded, both voting aye.

8. Request for approval of a contract by and between Weber County and WSRA Demolition Derby for a Demolition Derby to be held at the Golden Spike Event Center on June 11, 2005

This item was held to review the liability clause.

9. Final approval of Moose Hollow Condominium Phase 5, 24 units at Fox Run Drive and 3550 North and the acceptance of a financial guarantee of $123,076.00

Kelly Grier, County Planning Department, stated that the plat had been signed by the County Engineer and Surveyor and the Planning Commission unanimously recommended approval of this item.
Commissioner Cain moved to grant final approval of Moose Hollow Condominium Phase 5, consisting of 24 units at Fox Run Drive and 3550 North and to accept a financial guarantee in the amount of $123,076.00; Commissioner Dearden seconded, both voting aye.

10. Final subdivision approval for The Chalets at Ski Lake Phase 1, consisting of 1 lot, including a financial guarantee for improvements in the amount of $166,902.18 and an agreement to maintain a landscape island as part of the road improvements

Kelly Grier, County Planning Department, asked that this item be tabled until the next meeting because the County Attorney's Office was still reviewing the financial guarantee. Ron Catanzaro, developer, stated he was about to lose his vesting on this property after 25 years. He said he had done everything timely. Acting as the escrow agent he had written a check to the county last Wednesday, both the County Engineering and Surveying departments had signed off on this item, and he had checked with County Planning to ensure the item would be on the agenda today. Because the vesting expires on 4/27/2005, Dr. Catanzaro requested that the Commission approve this item subject to approval by legal counsel.

David Wilson, Deputy County Attorney, asked Ms. Grier for clarification on this issue and she explained that the financial guarantee had not yet been signed by legal counsel nor had the plat been signed. She added that the Planning Commission had unanimously recommended approval of this item. Mr. Wilson said that the Commission could approve it subject to legal review.

Commissioner Cain asked if the maintenance agreement was included in the financial guarantee calculations because the Commission did not have sufficient documentation to support that. Dr. Catanzaro indicated it was, stating that Curtis Christensen, County Engineer, had asked him to write an addendum. Mr. Wilson stated that this issue would be included in the legal review.
Commissioner Cain moved to grant final approval of for The Chalets at Ski Lake Phase 1, consisting of 1 lot, including a financial guarantee for improvements, in the amount of $166,902.18 and an agreement to maintain a landscape island as part of the road improvements subject to approval by legal counsel as discussed; Commissioner Dearden seconded, both voting aye.

 11. Tax Relief request for La Veda Allen 05-078-0028 for 2004

Margarit Nersisian, Clerk/Auditor's Office, stated that Ms. Allen's daughters had brought a copy of the tax relief application to the Clerk's Office because they had not received the tax relief credit on the tax notice. This was the first time they had filed for tax relief. There was no record of receiving this application in the Clerk's Office. Ms. Nersisian stated that these applications are always date stamped as soon as they are received. The Clerk's Office would not have accepted the application without the signature. Based upon examination of the facts, the Tax Review Committee recommended denial of the application for 2004. Commissioner Cain asked when the copy of the 2004 application had been submitted and Ms. Nersisian replied that it had been on 3/30/2005.

Commissioner Cain moved to deny the tax relief request for 2004 for La Veda Allen, LSN 05-078-0028; Commissioner Dearden seconded, both voting aye.

12. Request for tax sale extensions for:
Theresa Leona Hawk, LSN 03-030-0039
Laura Hamblin, LSNs 11-044-0034, 13-062-0021

Margarit Nersisian, Clerk/Auditor's Office, stated that Ms. Hawk had been experiencing extreme financial and medical difficulties. The Tax Review Committee recommended accepting the extension. Ms. Hawk had signed a payment contract to pay $498.00 per month.
Commissioner Cain moved to accept the tax sale extension for Theresa Leona Hawk, LSN 03-030-0039 with the monthly payment schedule; Commissioner Dearden seconded, both voting aye.

Ms. Nersisian stated that Ms. Hamblin owned two properties, one was a primary residence and the other vacant land. The vacant land is in her and her husband's name, who recently passed away. The house is in her parents' names and they passed away three years ago. Ms. Hamblin has been experiencing extreme financial difficulties. She has contacted an attorney, who called Ms. Nersisian and assured her that the case would be resolved within a month or so. The Tax Review Committee recommended accepting the extension. Ms. Hawk had signed a payment contract of $650/month.

Commissioner Cain moved to accept the tax sale extension for Laura Hamblin, LSNs 11-044-0034 and 13-062-0021 with the monthly payment schedule; Commissioner Dearden seconded, both voting aye.

13. Request for approval of 2005 Weber County Exempt Organizations

Margarit Nersisian, Clerk/Auditor's Office, stated that the Assessor and Clerk/Auditor's offices had reviewed every exempt affidavit received by the county for continuing exempt status and 137 were recommended for approval by the Assessor's Office. Ms. Nersisian addressed the commissioners' questions. The Assessor's Office either personally speaks with the organizations or visits the sites in the review process. Commissioner Cain asked for clarification on those organizations that had been recommended for denial, particularly those that had previously been granted the tax exempt status, and these will be brought back before the Commission at a later date.
Commissioner Cain moved to approve the percentages and the exempt status for the qualifying 2005 Weber County exempt organizations as presented with the request for further clarification of those listed for denial; Commissioner Dearden seconded, both voting aye.

14. Request for authorization to waive penalty and/or interest for applicable delinquent 2004 deleted parcels and those with description changes

Roger Brunker, Recorder's Office, presented the list of parcels that were either segregated from or combined with other properties in 2004 and which have delinquent taxes. The Tax Review Committee had recommended removing penalty and interest for those who had no prior notification of the delinquent taxes. Notification is sent to each of the new property owners stating that taxes are delinquent under a prior land serial number which is affecting their current land serial number.  Mr. Brunker explained that if a legal description is changed during the year, the Recorder's Office mails the tax notice to the owner of record as of January 1. Mr. Brunker noted that the county now had a better system in place which flagged those new land serial numbers and which stated that taxes may be delinquent under a prior number. Commissioner Cain noted this was a significant improvement in the system and a great public service which the county was not required to do. The commissioners expressed appreciation to Mr. Brunker for his diligence with this issue.

Commissioner Cain moved to authorize waiving penalty and/or interest for applicable delinquent 2004 deleted parcels and those with description changes; Commissioner Dearden seconded, both voting aye.

G. Adjourn Public Meeting until 2:00 p.m
Commissioner Cain moved to recess the public meeting until 2:00 p.m.; Commissioner Dearden seconded, both voting aye.

H. Reconvene Public Meeting at 2:00 p.m. (Continuation on action Items:)

Chair Bischoff was present at this portion of the meeting. Vice Chair Dearden conducted.
Commissioner Bischoff moved to reconvene the public meeting; Commissioner Cain seconded, all voting aye.

15. Resolution authorizing issuance & sale of approximately $12,000,000 Weber County Tax &Revenue Anticipation Notes, Series 2005; & related matters - Resolution 18-2005

Alan Westenskow of Zions Bank Public Finance, acting as financial advisor to the county, stated that the county's Tax Anticipation Notes had been sold today. They are to provide short-term cash to carry on county operations until tax revenues are received in November 2005. Repayment of the Notes will come from the tax payments received in 2005. The Series 2005 Notes are fixed-rate, six-month instruments. The coupon rate for this issue is 3.500%, the Note yield is 2.834%, and the net interest cost is 3.080%. He noted that the county was issuing a little more than in the past to meet cash flow needs and the yield was a little higher this year at 2.820%

Dan Olsen, County Comptroller, stated that $12,000,000 was more than the county has borrowed in the past and this related to construction of the Health Department building, that the county's 2005 budget increased, and that the county was issuing the Notes a little earlier in the year. As a result, the interests costs will be higher than budgeted for.
Commissioner Cain moved to adopt Resolution 18-2005 authorizing the issuance and sale of approximately $12,000,000 Weber County, Utah Tax and Revenue Anticipation Notes, Series 2005; and related matters; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Commissioner Bischoff aye

I. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 26, 2005, 10 a.m.

J. Public Comments: None

K. Adjourn
Commissioner Dearden moved to adjourn at 2:15 p.m.; Commissioner Cain seconded, both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor