Minutes for 2006-07-18, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Thursday, July 18, 2006 - 10:04 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: Linda G. Lunceford, Clerk/Auditor; David Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Chris Allred
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $17,432.16
2. Warrants #215380 - #215597 in the amount of $2,872,633.81
3. Minutes for meeting held on July 13, 2006
4. Reschedule Public Hearing to discuss Tax Rate for the Weber Area Dispatch 911 and Emergency
Services District originally scheduled for August 22, 2006, 6 p.m. to August 29, 2006, 6 p.m.
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Cain
seconded, all voting aye.

E. Presentation of Seal of Service Award to Bertha Vazquez from Operations

Chair Dearden read the nomination that had been submitted for Ms. Vazquez. Nate Pierce,
Operation Department Director, stated that Ms. Vazquez was very dependable and did her job very
well. He and the commissioners expressed thanks for Ms. Vazquez’ excellent work stating that
she not only did a great job but was a wonderful person as well. The commissioners presented
Ms. Vasquez with a seal of service pin, a plaque, obelisk and $50. She expressed thanks to
everyone.

F. Action Items:

1. Request to waive penalty and interest on land owned by Richard Flint, serial
number 23-120-0013

John Bond, Treasurer’s Office, stated that Richard Flint had requested waiver of $50 in penalty
and $175.45 in interest on delinquent taxes o a parcel he owns in Sunridge. The Tax Review
Committee recommended not waiving these fees.

Mr. Flint had a purchase contract with Sunridge and made payment to Sunridge for years which
in turn applied part to the loan, part to the Home Owners Association dues, and part to property
taxes. When the property was paid off in March 2001, Mr. Flint had continued to make smaller
payments to Sunridge and was under the false assumption that the payments would continue to
cover Association dues and property taxes. Mr. Flint had been alerted of the situation when his
property had gone to tax sale this past Spring at which time he paid the entire balance. The Tax
Review Committee discovered that when Sunridge submitted the warranty deed to convey
ownership to Mr. Flint, they provided no new owner’s address on the deed as required by law and
the Recorder’s Office only had the property address, which is bare land. The Tax Review
Committee considered all the information and determined the county was not at fault.
Mr. Flint said that it had taken 4-5 years to pay off the property and he had believed the amount
he continued to pay covered the taxes. He noted that the county had been able to find him and
asked why it had taken five years. Mr. Bond said that every year there were returned tax notices
and the county did what it could to locate those property owners. Commissioner Cain said that the
Commission understood his lack of information but noted that it is the property owner’s
responsibility to make sure the county has the correct address. Commissioner Bischoff pointed
out that when a taxpayer does not pay taxes, for whatever reason, he has the use of that money
which is public money and penalties are set.

Linda Lunceford, County Clerk/Auditor, noted that she had worked with this issue during the tax
sale and pointed out that Sunridge handled the mortgage on the land but the Sunridge Association
was an entirely different group made up of property owners that collected dues.
Based upon the presented information and the Tax Review Committee’s review, Commissioner
Bischoff moved to deny the request by Richard Flint to waive penalty and interest on land serial
number 23-120-0013; Commissioner Cain seconded, all voting aye.

 

2. Recommendation from the Weber County Library Board to reappoint Gary
Dohrer to the Weber County Library Board

Camille Cain stated that Mr. Dohrer was the current Board chair and was very involved in
fundraising for the new library.
Commissioner Cain moved to reappoint Gary Dohrer to the Weber County Library Board;
Commissioner Bischoff seconded, all voting aye.

3. Final approval of the Pineview Estates at Radford Hills Cluster Subdivision
Phase 1, located at approximately 985 N. Highway 158 in the Eden area

Scott Mendoza, County Planning Department, showed a plat map, site plan, and project renditions
of this gated community. This subdivision’s name had just been changed to The Reserve at
Crimson Ridge Cluster Subdivision Phase I. It is comprised of 35 lots on 127.40 acres. This
development includes a new package treatment plant and a clubhouse. It has about 78.53 acres of
open space.

The petitioners requested several variations to the subdivision standards, such as private (interior)
streets, with the exception of a public street that will provide a stub to the property located to the
north of the overall development. They requested a variation to the road standard at the two
entrances by using brick pavers as an alternative and decorative road surface rather than asphalt.
The private road widths will be 50 feet rather than 60, there will be rolled curb and gutter, round-
abouts, and a hammer-head turnaround. One earlier concern presented at the Planning
Commission came from an existing resident who preferred a road to be constructed on his northern
boundary as represented in the original preliminary Radford Hills plat. The hammer-head
turnaround was their agreed upon resolution.

There are two separate escrows for Phase I–one for the overall infrastructure and subdivision
improvements ($1,650,256.30) and another for landscaping ($203,120.50). These have been
reviewed by the County Attorney’s Office. The Upper Valley Planning Commission unanimously
recommended approval of this item. Commissioner Cain noted that 50 ft. roads would create a
problem if the county was to have responsibility for them but Mr. Mendoza had represented that
the county would not have any responsibility. David Wilson, Deputy County Attorney, stated that
unless it was gated and kept closed it could become a public road. Commissioner Cain asked Paul
Southwick if he was in agreement with keeping it gated/closed and he replied that he was and that
the fire department had signed off on the plan as well. Mr. Southwick stated that there were two
gates, including an upper gate. He showed on the map that the county road would continue on to
the north giving access to that part of the property. He added that the road was the standard width,
they were simply making arrangements for snow removal.
Commissioner Cain moved to grant final approval of The Pineview Estates at Radford Hills
Cluster Subdivision Phase 1, with the name change to Reserve at The Crimson Ridge, located at
approximately 985 N. Highway 158, Eden, and the financial guarantees in the total amount of
$1,853,376.80; Commissioner Bischoff seconded, all voting aye.

 

4. Approval of contract Rider with William Morris Agency, LLC, to have Clay Walker
perform at the Weber County Fair on August 9, 2006 - Contract C2006-64A

Jan Wilson, Weber County Fair, stated that she had previously brought the first page of this
contract, only the rider had not been attached and it was now before the Commission for approval.
Ms. Wilson said that the county had a letter of confirmation from Clay Walker with the contract
amount but this was the full contract, which had been signed by Mr. Walker.
Commissioner Cain moved to approve Contract C2006- by/between Weber County and William
Morris Agency, LLC, to have Clay Walker perform at the Weber County Fair on August 9, 2006;
Commissioner Bischoff seconded, all voting aye.

 

5. Final approval of Hidden Haven Estates Subdivision (8 lots) located at
approximately 1800 N. 6000 E. & acceptance of a financial guarantee for $15,215.52

Sean Wilkinson, County Planning Department, stated that this subdivision encompassed two
former subdivisions–the first was Shepherd Acres Estates and two lots of Minnie Creek Estates
#2. These lots have been combined to form this new subdivision. The financial guarantee had
been reviewed by the County Attorney’s Office. The Planning Commission unanimously
recommended approval of this item.
Commissioner Bischoff moved to grant final approval of Hidden Haven Estates Subdivision
consisting of 8 lots, located at approximately 1800 N. 6000 E. and acceptance of a $15,215.52
financial guarantee; Commissioner Cain seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 25, 2006, 10 a.m.

H. Public Comments:

Randy Shepherd, owner of Hidden Haven Estates (item F.5.), thanked the commissioners for
approving his item. He also expressed thanks to Mr. Wilkinson for his professionalism in helping
him with his item stating that Mr. Wilkinson had done an outstanding job.

Mr. Shepherd stated that he had property on which he had been working on for years trying to find
a home to fit it in the S-1 Zone. It is a 10-acre piece that goes out on the peninsula on Pineview
Reservoir and which he considered the prime lot of Hidden Haven Estates. His concern was with
the 25 ft. rule that had surfaced. He mentioned another land owner in the same situation. Chair
Dearden said that he was the only commissioner aware of this situation and the other
commissioners would need to be apprized of this situation. He felt that the ordinance needed to
be reviewed.

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