Minutes for 2006-07-13, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Thursday, July 13, 2006 - 09:30 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; Camille T. Cain; and Kenneth A. Bischoff.

Others Present: Monette Hurtado, 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 - John Bond
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $309,507.78
2. Ratification of Warrants #214698 - #215206 in the amount of $495,141.38 dated July 4, 2006
3. Warrants #215207 - # 215379 in the amount of $707,972.88
4. Minutes for meeting held on June 27, 2006
5. Set public hearing date of August 22, 2006, 6 p.m., to discuss the tax rate for the Weber Area
Dispatch 911 and Emergency Service District
6. Set public hearing date of August 1, 2006, 6 p.m., on Zoning Petition ZP #09-2006 by Wolf Creek
Properties to rezone property at approximately 3718 N. Wolf Creek Drive from CV-2 to CVR-1,
from CV-2 to O-1 and from O-1 to CVR-1
7. Retirement Agreement between Shari VanderHeide and Weber County - Contract C2006-117
Commissioner Cain moved to approve the consent items as presented; Commissioner Bischoff
seconded, all voting aye.

 

E. Action Items:

1. Request to waive penalty and interest on land owned by Tom Hulbert, serial
numbers: LSNs 09-512-0001, 0002, 0003 and 0004

John Bond, Treasurer’s Office, presented Tom Hulbert’s request for waiver of penalty (totaling
$689.55) and interest (totaling $2,236.17) on delinquent taxes for property located at
approximately 5600 S. 1900 W., Roy.

Mr. Bond noted that Mr. Hulbert’s plat was recorded in 2003 and the process had been somewhat
complicated in that it involved the recording of 8 warranty deeds, 3 affidavits of death, 4 deeds of
trust and 8 plat or lease recordings. One of those deeds required that three existing parcels become
four parcels. Mr. Hulbert had indicated his unawareness of this fourth parcel, they had intended
to create three, and the tax processing company he had hired had not alerted him. Only one parcel
reflected a request for address change on 8/26/2004 and the tax notices were mailed to four
different addresses. The taxes in 2004 for the three parcels was $16,804 and with the fourth parcel
the total bill was $32,811. The Tax Review Committee wrestled with the information available
to Mr. Hulbert and to county staff. All four members agreed to recommend that only penalty
should be waived.

 Mr. Hulbert stated that he was not contesting the amount of taxes due but was contesting the fourth
parcel that he believed was created by the county without his knowledge because of a document
the county said it had received. Additionally, he leases the ground from the property owners, who
received the tax notices and copies were subsequently to be sent to him. Mr. Hulbert felt the
county should have refused to record the split of parcel 1 because the plat was different from the
documents. Roger Brunker, of the County Recorder’s Office, explained that one of the documents
filed with the Recorder’s Office by Victor A. Taylor, Esq. was a deed that split out a portion of
parcel 1 and it gave the meets and bounds description for it. The County Recorder’s Office was
bound by law to create that split. The petitioner had deeded that section of parcel 1to Stuart
Hulbert Partners, and there was a trust deed to borrow money against it.

Mr. Bond said there was a notification attempt by the county. As the split occurred, the land serial
number had generated a tax notice and it was mailed to the address on file with the county.
Monette Hurtado, Deputy County Attorney, noted the main function of the Recorder’s Office
which is to create maps for taxing purposes and the county taxes any claim of ownership. She
noted that the county does not monitor other jurisdictions and does not know if a parcel is made
buildable or unbuildable. Ms. Hurtado noted that it did not appear there was a county error and
Mr. Bond concurred stating that the county had done its best with the information it had available.

Mr. Hulbert said that the lot that was created was under the same ownership that existed before
(Olesons) and there was no intent by the Oleson family to create a new lot. The purpose of the
document was to allow the Olesons to sell the property to him and the plat was to supercede the
documents and create the final lots. It should have been recorded before the plat.

Commissioner Cain understood Mr. Hulbert’s frustration but pointed out that an attorney had
described a parcel of land that had to be given a land serial number according to State law, which
generated a separate tax notice. In these cases, the county tries to determine if there is a county
error, and it appears there was not in this instance. She said it had been the county’s consistent
approach that the petitioner had the use of the funds and not the taxpayers of Weber County in
general, but as a matter of good will was willing to forgive the penalty only.
Commissioner Cain moved to waive the penalty but not the interest on this item relating to LSNs
09-512-0001, 0002, 0003 and 0004; Commissioner Bischoff seconded, all voting aye.

2. Request by The Boeing company for a refund/settlement of Personal Property Tax

Doug Larsen, Assessor’s Office, presented this item relating to Boeing’s 2003 personal property
tax. In the fall of 2004 Boeing contacted the county stating they had double reported a large
number of assets for 2003 and would like a refund, which at that time was in the amount of about
$425,000. The Tax Review Committee looked at the timeline and determined that Boeing had not
filed within the statutory 30 days from time of assessment notification. The issue evolved to
communications between county legal counsel and Boeing’s legal counsel. In March 2006
Boeing’s administration met with county representatives regarding the original request for refund
and consideration of a settlement. The Assessor’s Office began to work with a Boeing
representative in their efforts to review their accounting/booking system to ensure this would not
happen again. The analysis and reconciliation process netted a revised tax overpayment of
$147,227, the amount Boeing is now requesting refunded. Mr. Larsen said that Boeing paid Weber
County about one half million dollars/year in property taxes and if the Commission was going to
consider a settlement, a credit back over a couple years was agreeable to Boeing.

Joy Romero, Site Director of the Salt Lake City plant, outlined Boeing’s extensive dealings in
Weber County noting that Boeing was committed to stay in Weber County and had recently signed
a 10-year contract with Petersons. Boeing had reviewed their procedures and taken corrective
action so this problem did not recur. Boeing was willing to accept a multi-year credit settlement
over a 2-3 year period. The commissioners thanked Boeing and staff for their work on this issue.
Commissioner Bischoff moved to enter into a settlement agreement with the Boeing Company for
$147,227 and that it be on a three year option of crediting those taxes beginning with 2006 as the
first year of crediting 1/3 of the amount and to return the remaining amount that had been held in
reserves to the affected entities; Commissioner Cain seconded, all voting aye.

3. Final approval of Trappers Ridge at Wolf Creek P.R.U.D. Phase 6 (20 units) and
acceptance of a financial guarantee for $463,063.40

Sean Wilkinson, County Planning Department, presented this request by the petitioner of Trappers
Ridge P.R.U.D. located at 5200 Elkhorn Drive. All conditions had been met for this P.R.U.D.
Legal counsel had reviewed the financial guarantee and the Planning Commission unanimously
recommended approval on 2/28/2006.
Commissioner Cain moved to grant final approval of Trappers Ridge at Wolf Creek P.R.U.D.
Phase 6 (20 units) and to accept a financial guarantee for $463,063.40; Commissioner Bischoff
seconded, all voting aye.

 

4. Final approval of The Fairways at Wolf Creek P.R.U.D. Phase 3 and acceptance of
a financial guarantee for $388,986.68

Sean Wilkinson, County Planning Department, stated that this P.R.U.D. consisted of 18 units and
was located at 4300 Sunrise Drive. All conditions had been met for this P.R.U.D. Legal counsel
had reviewed the financial guarantee and the Planning Commission unanimously recommended
approval on 2/28/2006.
Commissioner Bischoff moved to grant final approval of The Fairways at Wolf Creek P.R.U.D.
Phase 3 and to accept a $388,986.68 financial guarantee; Commissioner Cain seconded, all voting
aye.

 

5. Final approval for Russell Acres Subdivision (1 lot), located at approximately 925
North 4700 West and deferral of curb, gutter, and sidewalk

Sean Wilkinson, County Planning Department, stated that the petitioner had received a letter from
UDOT granting them access. This subdivision consists of 18.5 acres. It is within 1.5 mile radius
of Fremont High School, however, all students are eligible for busing. Mr. Wilkinson said that
UDOT did not want curb, gutter and sidewalk in this subdivision directly south of it and it would
be deferred until UDOT requires it. Drew Wilson, Weber School District, addressed
Commissioner Bischoff’s question regarding curb, gutter and sidewalk within the 1.5 mile radius
of a school stating that these improvements should be considered for any major subdivision. Mr.
Wilkinson said that access to this property is a 30 foot strip and it would be the only part required
to have curb, gutter and sidewalk. If future development occurs, the issue will be addressed.
Commissioner Cain moved to grant final approval of Russell Acres Subdivision (1 lot), located
at approximately 925 North 4700 West and deferral of curb, gutter, and sidewalk with the
understanding that in the future if there is greater subdivision it will be necessary to call in the
improvements; Commissioner Bischoff seconded, all voting aye.

 

6. Approval of a 2040 sq. ft. building for the Environmental Center on Shaw Road

Jim Gentry, County Planning Department, stated that the Weber County School District planned
to construct a building at the Environmental Center in the Ogden Valley and the agreement
between the District and the County required Commission approval of any buildings. Drew
Wilson, Weber School District, addressed the commissioners’ questions stating that the small
existing building would be torn down and replaced with this one to house a Snowcat and generator.
Commissioner Bischoff moved to approve a 2040 sq. ft. building for the Environmental Center
located on Shaw Road; Commissioner Cain seconded, all voting aye.

7. Request for approval of Tax Sale Deeds

Margarit Nersisian, Clerk/Auditor’s Office, referred to the list of properties sold at the County tax
sale in May. All 11 properties were sold.
Commissioner Cain moved to approve the Tax Sale Deeds as presented; Commissioner Bischoff
seconded, all voting aye.

8. Approval of 2006 Weber County Tax Rates

Margarit Nersisian, Clerk/Auditor’s Office, referred to the worksheets before the commissioners
on the tax rates calculated by the Clerk/Auditor’s Office and certified by the State Tax
Commission. All tax rates had decreased due to increase of property values in the county.
Commissioner Bischoff moved to approve the of 2006 Weber County Tax Rates as presented;
Commissioner Cain seconded, all voting aye.

9. Action on recommendations for prospective appointees to the Upper and Lower
Valley Planning Commissions

Jim Gentry, County Planning Department, stated that two members’ terms had expired in both the
Ogden Valley Township Planning Commission (Louis Cooper and Keith Rounkles) and the
Western Weber County Township Planning Commission (Doug Hansen and Wayne Andreotti).
These four members had expressed interest in being reappointed. Advertising occurred in the
Standard Examiner. Two additional applications were received for the Upper Valley Commission.
No other applications were received for the Lower Valley Commission.

Mr. Gentry addressed the commissioners’ questions stating that Mr. Cooper, the current Vice
Chair, had been serving since it was the East Huntsville Township Planning Commission, for about
7-8 years, and Mr. Rounkles, Ogden Canyon resident, had been serving for about 3 years. Mr.
Gentry outlined these members’ attendance, involvement and experience. Commissioner Bischoff
said that continuity was important on these boards but it was also important to bring in new
members. Because the Ogden Canyon area is unique and it is important that it be represented, Mr.
Rounkles’ reappointment today was in part because he is the only current Planning Commission
member residing in the Ogden Canyon and no other residents from that area applied. Mr. Gentry
noted that terms expire every year and there is the opportunity then for appointments.
Commissioner Bischoff moved to reappoint Louis Cooper and Keith Rounkles to the Ogden Valley
Township Planning Commission with terms expiring 6/30/2010 and to reappoint Doug Hansen and
Wayne Andreotti to the Western Weber County Township Planning Commission with terms
expiring 6/30/2010; Commissioner Cain seconded, all voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 18, 2006, 10 a.m.

H. Public Comments:

I. Adjourn
Commissioner Cain moved to adjourn at 10:35 a.m.; Commissioner Bischoff seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor