Minutes for 2005-04-26, 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; Camille T. Cain, and Craig L. Dearden.

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

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Gary Laird
C. Thought of the Day was offered by Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $245,955.44
2. Warrants #200660 - #200931 in the amount of $484,557.33
3. Approval of minutes for the meeting held on April 12, 2005 and April 19, 2005
4. Set a Public Hearing on Agriculture Protection Area Proposal #2 for May 10, 2005, 10 a.m.
Commissioner Dearden moved to approve the consent items; Commissioner Cain seconded, all voting aye.

E. Action Items:

1. Final subdivision approval for Trappers Ridge at Wolf Creek Phase 4, 23 lots, including a financial guarantee for improvements in the amount of $282,382.61, and an agreement to maintain a landscape island as part of the road improvements - Contract C2005-51

Kevin Hamilton, County Planning Department, noted that this item had appeared before the Commission a couple of weeks ago but the petitioners had still been addressing a property boundary issue with an adjoining property owner at that time. Mr. Hamilton stated that this issue had now been resolved and he referred to a letter in the Commission's packet from the adjoining property owner. At the entry to this phase, there will a landscaped island in the middle of the road located within the public right of way of Wine River Court and the Home Owners Association will be responsible to maintain it in perpetuity.
Commissioner Cain moved to grant final subdivision approval for Trappers Ridge at Wolf Creek Phase 4, consisting of 23 lots, including a financial guarantee for improvements in the amount of $282,382.61, and Contract C2005-51, Maintenance Agreement for Home Owners Association to maintain a landscaped island as part of the road improvements; Commissioner Dearden seconded, all voting aye.

2. Final subdivision approval for The Highlands at Wolf Creek Phase 6, 28 lots, at 3942 Elk Ridge Trail, including a $846,974.10 financial guarantee for improvements

Kevin Hamilton, County Planning Department, gave a brief overview of this item, stating that the Planning Commission unanimously recommended approval.
Commissioner Dearden moved to grant final subdivision approval for The Highlands at Wolf Creek Phase 6, consisting of 28 lots, located at approximately 3942 Elk Ridge Trail, including a financial guarantee for improvements in the amount of $846,974.10; Commissioner Cain seconded, all voting aye.

3. Approval of the Dennis Spencer 1-lot subdivision & a deferral of curb, gutter & sidewalk, located at 3926 North 3175 West in northwestern area of Weber County

Kevin Hamilton, County Planning Department, stated that this subdivision was within a school bussing area. Commissioner Cain asked if any of these improvements had been required in Bayview Ranchettes yet and Mr. Hamilton replied they had not. Commissioner Cain asked if the methodology for tracking the calling in of these types of deferrals had been developed and Mr. Hamilton said that County Engineering, the ones calling in these improvements, had been looking into it, but he did not know where they were in that process. Commissioner Cain asked what County Planning did with the information when a deferral took place. Mr. Hamilton responded that it was kept in the file as part of the subdivision record and the information was also given to County Engineering. He believed Dennis Richardson, County Engineering, was responsible for tracking deferrals.

Mr. Hamilton noted that when a deferral is called in that it is up to the person who purchased the lot to pay for the improvements. Chair Bischoff asked about notification to prospective property owners of the deferral requirement and Commissioner Cain noted that the deferral was recorded against the property and the county did its part to notify.

Commissioner Dearden had received a couple of telephone calls regarding adjacent property to this subdivision that was an eye-sore and he asked Mr. Hamilton to look into it.
Commissioner Cain moved to approve the 1-lot Dennis Spencer Subdivision and a deferral of curb, gutter and sidewalk, located at 3926 North 3175 West (Bayview Ranchettes) in the northwestern area of Weber County; Commissioner Dearden seconded, all voting aye.

4. Approval of the 2 lot Blue Acres Subdivision and a deferral of curb, gutter and sidewalk, located at 2200 South 4100 West in the western area of Weber County

Kevin Hamilton, County Planning Department, briefly presented this item. This subdivision is within a school bussing area. Commissioner Dearden asked if curb, gutter, and sidewalk existed in this area and Mr. Hamilton was not aware of any of these improvements in that part of the county.
Commissioner Dearden moved to approve the 2-lot Blue Acres Subdivision and a deferral of curb, gutter and sidewalk, located at 2200 South 4100 West in the western area of Weber County; Commissioner Cain seconded, all voting aye.

5. Contract by and between Weber County & Monterey Peninsula Artists - Sawyer Brown to perform in concert at the 2005 Weber County Fair on August 11, 2005 - Contract C2005-52

Jan Wilson, Weber County Fair, stated that Monterey Peninsula Artists was the agent for Sawyer Brown. This contract is in the amount of $75,000.
Commissioner Cain moved to approve Contract C2005-52 by and between Weber County and Monterey Peninsula Artists - Sawyer Brown to perform in concert at the 2005 Weber County Fair on August 11, 2005; Commissioner Dearden seconded, all voting aye.

6. Contract with Wooden Creations to provide carving at the Weber County Fair and to allow the fair to sell the finished carvings - Contract C2005-53

Jan Wilson, Weber County Fair, stated that Mark Colp, of Wooden Creations, does wooden carvings, which the county then sells at a silent auction. The contract amount is $950/day for four days.
Commissioner Dearden moved to approve Contract C2005-53 by and between Weber County and Wooden Creations to provide carving at the Weber County Fair and to allow the fair to sell the finished carvings; Commissioner Cain seconded, all voting aye.

 7. Discussion and/or action on a Settlement Agreement with Cricket Communication for the Tax Years 2002 and 2003 - Contract C2005-54

Monette Hurtado, Deputy County Attorney, stated that Leap Wireless International, known in Utah as Cricket Communications, filed bankruptcy across the United States. Cricket tried to dismiss all the claims of the tax entities in the State of Utah claiming those entities (which included Salt Lake County, Utah County and Weber County) had not filed timely notices. Adversary proceedings were entered into, which claimed that Cricket did not appropriately notify the taxing entities. Outside legal counsel was hired in the State of California and an agreement was reached in order to keep the attorneys' fees down and because there may have been an error in the year 2002 for this centrally assessed property.

In the year 2002, Cricket's tax liability was about $63,000, which far exceeded any tax year liability in Weber County. It was under $12,000 in the year 2003. Cricket has appealed the 2004 value to the State Tax Commission and a reduction is anticipated for 2004 as well. Based on this information, Weber County has agreed to a $15,000 reduction for the year 2002 and to also modify the tax claim for the year 2003, which is a minor reduction in Weber County and will be a credit against the anticipated 2004 tax liability. Ms. Hurtado noted this agreement would ultimately save Weber County money rather than continuing litigation on the bankruptcy case out of State. Chair Bischoff asked if this action was in line with what the other counties were doing and Ms. Hurtado responded that Salt Lake County and Utah County had agreed to the same arrangement–the same percentages for reduction. Originally, Cricket wanted a national reduction of 65% on the 2002 tax year and 50% reduction on the 2003, however, for 2003 the reduction was only 10% in the State of Utah and the reduction for 2002 was based on the negotiations with Cricket Communications.
Commissioner Cain moved to approve Contract C2005-54, Settlement Agreement with Cricket Communication for the tax years 2002 and 2003; Commissioner Dearden seconded, all voting aye.

8. Approval of a Weber Pathways and Utah Trails Financial Grant Application

Gary Laird, Operations Department Director, showed an area map. This is for a grant application to the Utah Division of Parks & Recreation for fiscal assistance in the amount of $50,000 to help Weber County build a bridge on the Centennial Trail. The county's contribution would be labor and equipment in the amount of $19,000. Other donations to complete the project in the amount of $40,000 had been received from Pathways. Mr. Laird addressed Commissioner Cain's questions stating that the funds will come directly to Weber County.
Commissioner Cain moved to approve the Weber Pathways and Utah Trails financial grant application; Commissioner Dearden seconded, all voting aye.

9. Approval of a Quit Claim Deed for Clive T. and Linda S. Stander

This item is related to the following one, E.10. Gary Laird, Operations Department Director, showed the properties on a map and noted that two deeds had been prepared for this item. The 2001 Commission minutes stated that this property had been declared surplus at the request of Clive Stander. Apparently, the deed was never recorded and Mr. Stander contacted Mr. Laird who found a check from Mr. Stander in the file.

Mr. Stander owns a house that sits adjacent to the property line and without this property it does not have sufficient frontage. The Dingman's driveway encroaches approximately 1 ½ feet of the Standers' property and a second deed was prepared for the 1 ½ feet that their driveway sits on.
Commissioner Cain moved to approve a Quit Claim Deed for Clive T. and Linda S. Stander; Commissioner Dearden seconded, all voting aye.

10. Approval of a Quit Claim Deed for David G. and Melanie A. Dingman

See item above, E.9.
Commissioner Cain moved to approve a Quit Claim Deed for David G. and Melanie A. Dingman; Commissioner Dearden seconded, all voting aye.

11. Approval of a contract by and between Weber County and Chase Equipment Leasing to provide financing to pay for the 2005 fleet vehicles - Contract C2005-55

Dan Olsen, County Comptroller, stated that about one month ago the county issued Requests for Proposals for financing of its fleet vehicles. Eight bids were received, with Chase Equipment being the low bid on the fixed interest rate of 3.3449% on a three year contract. The contract is for $1,612,311 for about 64 vehicles at approximately $4,700/month. The county had a Master Lease with BancOne which is now Chase Equipment Leasing, thus this is an addendum to that Master Lease agreement. Mr. Olsen addressed the commissioners questions.
Commissioner Cain moved to approve Contract C2005-55 by and between Weber County and Chase Equipment Leasing to provide financing to pay for the 2005 fleet vehicles; Commissioner Dearden seconded, all voting aye.

12. Approval of Interlocal Agreement for Mental Health Services - Contract C2005-56

David Wilson, Deputy County Attorney, explained that this agreement with Weber Human Services was to provide mental health services at the Weber County Jail. This is for one full-time mental health therapist, who will need to be on-call for acute crisis services, will work with staff to educate them, and will see inmates on a regular basis. This is a 4-year contract at $60,000/year. Commissioner Cain pointed out a typographical error under section 2.1.
Commissioner Cain moved to approve Contract C2005-56, Interlocal Agreement for Mental Health Services with Weber Human Services with the one spelling correction; Commissioner Dearden seconded, all voting aye.

13. Resolution completing Annexation of Lots 50, 51 & 52 of the Radford Hills Subdivision No. 6, into the Pineview West Sewer Improvement Sewer District - Resolution 19-2005

David Wilson, Deputy County Attorney, noted that the County Commission held a public hearing on March 22, 2005 in the evening relating to annexing lots 50, 51 and 52 of Radford Hills Subdivision No. 6 into the Pineview West Sewer Improvement Sewer District and that Mr. Radford had been present. Mr. Wilson also noted that there had been a 30-day waiting period after that public hearing to see if there would be any input in opposition and none had been received.
Commissioner Dearden moved to adopt Resolution 19-2005 completing the annexation of Lots 50, 51 and 52 of the Radford Hills Subdivision No. 6, Weber County, Utah, into the Pineview West Sewer Improvement Sewer District; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

14. Request to approve a resolution authorizing Weber County to enter into an Interlocal Agreement establishing the "Hill Economic Alliance"

This item was held.

15. Approval of 2005 Weber County Exempt Organizations

Margarit Nersisian, Clerk/Auditor's Office, had presented a list last week of the 2005 tax exempt organizations. A number of organizations had been recommended not to be granted the exemption by the County Assessor's Office and the Commission had requested further information on those.  Ms. Nersisian had asked for an explanation from the Assessor's Office. Some organizations had not filed their documents in a timely manner and one organization requested its application withdrawn because of problems that they were experiencing relating to ownership.

Doug Larsen, County Assessor's Office, explained that in the past the Commission had only received a list of the organizations that the Assessor or Clerk/Auditor's offices had determined qualified to receive the exemption. This had been the first year the Commission had received a list of those that had not qualified for the exemption.
Based on the information provided, Commissioner Cain moved to deny the 2005 Weber County exempt organizations that had been recommended for denial for the reasons listed on the documentation; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 3, 2005,10 a.m.

G. Public Comments

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

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor