Minutes for 2006-03-07, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 7, 2006 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

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, Chair, and Kenneth A. Bischoff. Camille T. Cain was
excused.

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

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Chair Dearden

D. Consent Items:
1. Purchase Orders in the amount of $120,206.51
2. Warrants #210881 - #211130 in the amount of $832,206.33
3. New Business Licenses
Commissioner Bischoff moved to approve the consent items; Chair Dearden seconded, both
voting aye.

E. Action Items:

1. Approval of 2005 Property Tax Relief Program

Margarit Nersisian, Clerk/Auditor’s Office, referred to the summary of the tax relief program
before the commissioners stating that the number of applicants decreased from 2004 to 2005,
however, the total exemption amount increased due to some changes in the law.
Commissioner Bischoff moved to approve the 2005 Property Tax Relief Program; Chair Dearden
seconded, both voting aye.

2. Waive interest & penalty for Terry Louis and Christina Schrader, LSN 23-101-0008

Margarit Nersisian, Clerk/Auditor’s Office, stated that this property was on the tax sale list and
when the owners received a preliminary letter in January that is when they found out there was a
problem. This is vacant land and the deed was recorded with the property’s address rather than
the owners’ mailing address. Mr. Schrader had indicated he had never received a tax notice since
he purchased the property. The Tax Review Committee recommended waving the interest and
penalties ($206.72) because it was a rather unique case and the notices had been sent to vacant
land.

Commissioner Bischoff asked Mr. Schrader how he could not know he owed property taxes for
five years and Mr. Schrader said that he had started purchasing this property abut 20 years ago but
Sunridge owned the lot until he paid it off five years ago and at that time they had been paying the
taxes. Every year he received a bill from Sunridge for about $300 which were for “assessments”
and he thought it included taxes. He receives the tax bill for his house but does not have to pay
it directly. The original deed did not have his mailing address but in November 2001 he did a quit
claim deed to correct his name and added his mailing address at the top of the deed.
Commissioner Bischoff moved to waive interest and penalty for Terry Louis and Christina
Shrader, LSN 23-101-0008; Chair Dearden seconded, both voting aye.

3. Request for approval of tax relief for 2005 for Murray O. Sant, LSN 11-101-0015

Margarit Nersisian, Clerk/Auditor’s Office, stated that Mr. Sant had been applying for tax relief
for the past few years, however, he missed filing for 2005. He came to the county in February
2006 and stated he had been ill and had missed filing for 2005. Because Mr. Sant had said he was
in poor health, Ms. Nersisian took the issue to the Tax Review Committee. She said it was a
difficult decision to deny the request, however, the law for tax relief does not allow retroactive
application and he did not have any documentation to show extreme medical hardship. The Tax
Review Committee recommended denying the request.
Commissioner Bischoff moved to deny the request tax relief for 2005 for Murray O. Sant, LSN
11-101-0015; Chair Dearden seconded, both voting aye.

4. Agreement by and between Weber County and Business Depot Ogden (BDO) for
employee use of the fitness center - Contract C2006-28

Chair Dearden noted that Sheriff Brad Slater was going to present this item and had been present
just prior to this meeting but had to leave for an appointment. Chair Dearden outlined this item.
This contract allows employees of the Sheriff’s Department to use the BDO fitness center. It is
in the amount of $5,200 which will be reimbursed by the employees through payroll deduction.
Commissioner Bischoff moved to approve Contract C2006-28 by and between Weber County and
Business Depot Ogden for employee use of the fitness center; Chair Dearden seconded, both voting
aye.

 

5. Final approval for Brian and Barbara Edward’s Subdivision 1st Amendment (1 lot),
located at approximately 10452 E. HWY 39

Sean Wilkinson, County Planning Department, showed a plat map and stated that this amendment
will increase the size of the subdivision from 5.07 to 5.17 acres, which will allow an addition to
the home on the lot to meet the 30 ft. rear yard setback for the F-5 Zone. The Planning
Commission unanimously recommended final approval of this item.
Commissioner Bischoff moved to grant final approval for Brian and Barbara Edward’s Subdivision
1st Amendment (1 lot), located at approximately 10452 E. HWY 39; Chair Dearden seconded, both
voting aye.

 

6. Final approval for Kim and Josh Estates Subdivision (2 lots), located at
approximately 3762 West 900 South

(See related minutes 2/28/2006.) Sean Wilkinson, County Planning Department, stated that lot 2
had an existing home. The east boundary of lot 1 follows the Hooper Irrigation Canal but the
Canal Company was not requiring a fence unless it was required by the County Engineer.

Mr. Wilkinson read a portion of the Subdivision Ordinance: “Fencing or piping of canals, etc.,
shall not be required on subdivisions of 4 or fewer lots, or where canals are located 600 ft. from
the homes.” He said that because this subdivision was less than 4 lots, fencing would not be
required by County Engineering. Commissioner Bischoff asked for clarification and if the canal
would be 600 ft. from the house that would be built and Mr. Wilkinson was not sure, but he
interpreted it as an either or option, and because the subdivision had fewer than 4 lots fencing
would not be required. David Wilson, Deputy County Attorney, believed the “or” provided an
exception but if the ordinance language had said “and” then it would be as Commissioner Bischoff
interpreted it. There was discussion that the 600 ft. was an arbitrary figure and was not tied to
State law.  Liability was discussed and Mr. Wilson said that when someone purchased a home by an existing
canal it was to some degree assumption of the risk. Rather than waive the requirement, the
county’s position in these circumstances was that the home owner was excepted from the
requirement. Fencing around 4 or fewer lots where people can go around it from either side to get
to the canal did not seem very logical. Mr. Wilson said that the ordinance could be clarified.

Phil Hancock, the developer, stated that the canal went down the east and turned to the west to the
rear of this property. He has lived just on the other side of the canal for many years and did not
know how to fence this canal. He said that the most dangerous part of it is where it crosses the
road and the piping goes under the road with a head wall there and he believed the most wise
expenditure for fencing would be the protection of that head wall. Chair Dearden asked if the
canal had water in it 12 months of the year and Mr. Hancock said that it was only during irrigation
season. Commissioner Bischoff asked that this portion of the ordinance be clarified, that if the
exemption is 4 lots or fewer, that the distance is irrelevant. Mr. Wilkinson stated that the County
Engineer had mentioned that additional measures should be taken to promote safety around the
canal because the fencing was not required. However, no specifics were stated and Curtis
Christensen, County Engineer, was not present today to address this. The Planning Commission
unanimously recommended final approval of this subdivision.
Commissioner Bischoff moved to grant final approval for Kim and Josh Estates Subdivision, 2
lots, located at approximately 3762 West 900 South; Chair Dearden seconded, both voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tues. March 14, 2006, 10 a.m.

G. Public Comments:

Commissioner Bischoff noted that today opened the filing period for public office.

H. Adjourn
Commissioner Bischoff moved to adjourn at 10:27 a.m.; Chair Dearden seconded, both voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor