Minutes for 2008-04-22, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 22, 2008 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
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: Jan M. Zogmaister, Chair, and Kenneth A. Bischoff. Craig L. Dearden was excused.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Chair Zogmaister
D. Presentation of the Certificate of Achievement for Excellence in Financial Reporting.
John Bond, State Representative of the Utah Government Finance Officers Association, stated that this was an honor for Weber County and a significant achievement. Only 16% of the nation’s counties received this award and only three counties in Utah. The national Association had over 17,000 members and this was the 16th consecutive year Weber County had received this award. Mr. Bond noted the very stringent guidelines that had to be followed in this process. Chair Zogmaister presented the award to Alan D. McEwan, County Comptroller, who expressed thanks to the financial staff for their hard work on the Comprehensive Annual Financial Report.
E. Consent Items:
1. Purchase orders in the amount of $180,715.20
2. Warrants #236549 - #236738 in the amount of $1,283,935.15
3. Minutes for the meeting held on April 15, 2008
4. New business licenses
5. Surplus a Ford F350 paramedic vehicle from Human Resources
6. Set public hearing for May13, 2008, 10 a.m.., to consider amendments to the Weber County Zoning Ordinance Chapter 2, Zones and Districts
7. Set public hearing for May 13, 2008, 10 a.m., to consider amendments to Chapter 28, Nonconforming Buildings and Parcels, Section 13, Nonconforming Parcels in Areas Subjected to Change in Zoning
8. ACH payment to US Bank in the amount of $45,276.40 for purchasing card transactions through the billing cycle ending April 15, 2008
Commissioner Bischoff moved to approve the consent items; Chair Zogmaister seconded, both voting aye.
F. Action Items:
1. Request to have taxes, penalties and interest waived on land serial numbers (LSNs) 07-100-0017 and 40-202-0089
John Bond, County Treasurer’s Office, stated that Doug Eskelson was asking that his taxes ($19,328.90), penalties ($636.91) and interest ($6,400.45) be waived from 1996-2007 on three different LSNs, and that property classified agricultural in 2006-07 be classified back to agricultural. From Mr. Eskelson’s perspective, there had been significant confusion and misinformation provided to him over a period of about ten years. Through 1995 Mr. Eskelson’s gravel pit (in Uintah City) was assessed by the County Assessor and tax notices sent by the County Treasurer, but in 1995 the assessment role was assumed by the Utah State Tax Commission. The County Treasurer continued sending the tax notices, with the State’s information. In 1996 LSNs 07-100-0017 and 07-104-0007 were inactivated by the county and Mr. Eskelson was given a new LSN that corresponded with State assessment (40-202-0089). Tax notices were sent out by the County Treasurer using the State assessed serial number from 1996-1999 and in 2001. No notice was sent in 2000. In 2000, the assessment role was reassigned back to Weber County Assessor by the State.
In 2001 Mr. Eskelson received a complete update on taxes due through letters and a phone call, but he failed to bring the taxes current. After the reassignment in 2000 back to the County Assessor, the county missed assessing the property from 2001-2005, it received a $0 value, and no tax notices were sent from 2002-2004. In 2005 and 2006 the former taxes due (1996-2004) were re-posted and notice sent to Mr. Eskelson. The Tax Review Committee recommended not waiving any tax, penalty and interest because, although there had been some miscommunication, there had been ample notification and opportunity to appeal the value and classification. Mr. Bond had personally spoken with Mrs. Eskelson in 2001, reviewing the information, and letters from a few county staff and the State Tax Commission had been sent. Additionally, more letters and notices were sent from 2005 and thereafter.
Mr. Eskelson said that he had received notices that stated $0 taxes were due and the property had an agricultural land classification. Mr. Bond explained that Mr. Eskelson received a “company” number by the State and these centrally assessed numbers were not indexed or available in the county tax computer screens. Chair Zogmaister asked that since Mr. Eskelsen had paid taxes on this property for a period of time, did he not think there was a problem when he no longer received notices. Mr. Eskelson responded no because for about 10 years the notice had said “agricultural property, $0 tax due.” He had challenged the fact that half of the property was classified commercial and the other agriculture. Mr. Bond said that prior to 2005 the property had been assessed at about $100,000 and in 2006, when it changed from agriculture to commercial, it increased to about $415,000. Chair Zogmaister understood there was some confusion but he had been sent tax notices. Mr. Eskelson stated he had come to the County Treasurer twice and was told there were no taxes due. He had asked a real estate company to research it and was also told he did not owe taxes. Commissioner Bischoff noted that Mr. Eskelson had the use of the money and had not paid the taxes, and David Wilson, Deputy County Attorney, said that the county’s practice was generally not to waive interest.
Commissioner Bischoff moved that the county collect taxes in the amount of $19,328.90 and $6,400.45 in interest and to waive the penalty of $636.91; Chair Zogmaister seconded, both voting aye.
2. Ordinance of Weber County to change the name of a street within the Olympic Cove Estates, amended subdivision - Ordinance 2008-13
Ernest Rowley, County Surveyor, stated that the Mount Ogden District Post Office had approached the Surveyor’s Office regarding mail delivery problems to Olympic Cove Estates in Uintah Highlands. A cul de sac currently showed on the public record as 2500 East Street and that street was out of sequence with the home numbers in that area. One lot further to the west of 2500 East had a 2400 address. The solution was to change the name of the street to 2450 East Street. Notices had been sent to all affected persons and no written objections had been received.
Commissioner Bischoff moved to adopt Ordinance 2008-13 to change the name of a street within the Olympic Cove Estates, Amended Subdivision; Chair Zogmaister seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Zogmaister aye
G. Public hearings:
1.Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Chair Zogmaister seconded, both voting aye.
2. Public hearing on vacation of Fairway Oaks at Wolf Creek P.R.U.D. Phase 1
Sean Wilkinson, County Planning Department, stated that when the homes in Fairway Oaks at Wolf Creek P.R.U.D. Phase 1 were built, they were partially outside of the approved building envelopes. An amended subdivision, Fairway Oaks at Wolf Creek Phase 1 1st Amendment, intended to correct the building envelopes was approved by the County Commission on 2/19/2008. Because a new subdivision is being recorded, the original Fairway Oaks at Wolf Creek P.R.U.D. is being vacated to avoid future title errors. This item had been reviewed by legal counsel and County Planning and Surveying offices recommended approval of the vacation. Chair Zogmaister invited public comments and none were offered.
3. Public hearing on vacation of Lot 19 of Uintah Highlands Subdivision No. 7
Sean Wilkinson, County Planning Department, stated that this lot and adjoining property had been resubdivided and a lot line adjusted, thus a new 1-lot subdivision would include a portion of the existing Lot 19 and a portion of other property. Chair Zogmaister invited public comments and none were offered.
4.Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Chair Zogmaister seconded, both voting aye.
5. Action on public hearings:
G.2. - Vacation of Fairway Oaks at Wolf Creek PRUD Phase 1 - Ordinance 2008-14
Commissioner Bischoff moved to adopt Ordinance 2008-14 vacating Fairway Oaks at Wolf Creek P.R.U.D. Phase 1; Chair Zogmaister seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Zogmaister aye
G.3. - Vacation of Lot 19 of Uintah Highlands Subdivision No. 7 - Ordinance 2008-15
Commissioner Bischoff moved to adopt Ordinance 2008-15 vacating Lot 19 of Uintah Highlands Subdivision No. 7; Chair Zogmaister seconded.
Roll Call Vote:
Commissioner Bischoff aye
Chair Zogmaister aye
H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 29, 2008, 10 a.m.
I. Public Comments: None
J. Adjourn Commissioner Bischoff moved to adjourn at 10:52 a.m.; Chair Zogmaister seconded, both voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor