Minutes for 2008-10-28, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 28, 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 Craig L. Dearden. Kenneth A. Bischoff was excused.

Others Present: Alan D. McEwan, Clerk/Auditor; Monette Hurtado, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Di Lewis
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase orders in the amount of $276,417.76
2. Warrants #242813 - 243103 in the amount of $2,624,814.08
3. Minutes for the meeting held on October 21, 2008
4. ACH payment to US Bank in the amount of $53,784.64 for purchasing card transactions made through the billing cycle ending October 15, 2008
5. Set public hearing for November 11, 2008 to consider potential projects for which funding may be applied for under CDBG program for 2009
6. Ratification of Weber County Library Board’s approval of Change Order #6 to contract #C2008-181, agreement with Jacobson Construction for the Pleasant Valley Branch Library - Contract C2008-201
Commissioner Dearden moved to approve the consent items as presented; Chair Zogmaister seconded, both voting aye.

E. Action Items:

1. Resolution amending the Weber County Tourism Tax Advisory Board - Resolution 24-2008

Chair Zogmaister noted that discussion had occurred on this item last week. The most significant amendments included that the terms will be three years rather than four, 1/3 of the members’ terms will be staggered, and the board will hold no less than two regular meetings during a calendar year.
Commissioner Dearden moved to adopt Resolution 24-2008 amending the Weber County Tourism Tax Advisory Board; Chair Zogmaister seconded.
Roll Call Vote:
Commissioner Dearden aye
Chair Zogmaister aye

 

 

2. Request on Resolution appointing new members to the Tourism Tax Advisory Board

This item was held until Mike Caldwell, Public Information Officer, could be present.

 3. Contract with The Pictsweet Company for the sale of Parcel # 19-064-0002 - Contract C2008-202

Nate Pierce, Operations Department Director, presented the Real Estate Sale Agreement and Warranty deed for this property that Weber County had owned in the Industrial Park since the Park’s inception in 1973. This is a small triangular shaped parcel adjacent to property owned by United Foods, dba Pictsweet, and the assessed value was $8,000 per the County Assessor’s Office. Commissioner Dearden asked if this parcel had been offered only to abutting property owners and Mr. Pierce responded that Pictsweet had approached the county, and it was his understanding that United was also discussing with the other adjacent property owner, Taylor Investments, the possibility of acquiring their property as well.

This item had been held from last week. During the title search it was discovered that a number of years ago (about 1994) a quit claim deed was filed which used this parcel’s description as part of the description of the property being conveyed. The County Recorder/Surveyor’s Office had wanted clarification whether the title company had any concerns. The determination of the title company was that the description had been included in the original quit claim deed by error, there had been no subsequent action, and they felt comfortable in issuing title insurance on this parcel.
Commissioner Dearden moved to approve Contract C2008-202 with The Pictsweet Company for the sale of LSN 19-064-0002; Chair Zogmaister seconded, both voting aye.

4. Approval to extend Financial Advisor contract with Zions Bank Public Finance - Contract C2008-203

Dan Olsen, County Comptroller, presented this 1-year contract extension noting that Zions Bank would only get paid if the county issued bonds. He noted that in 2004 the county had issued an RFP for financial advisor services and Zions Bank had been selected and the county had been very pleased with them.
Commissioner Dearden moved to approve Contract C2008-203 extending the Financial Advisor contract with Zions Bank Public Finance; Chair Zogmaister seconded, both voting aye.

5. Interlocal Agreement with Weber Area Dispatch 911 and Emergency Services District for a Disaster Recovery Site - Contract C2008-204

Commissioner Dearden stated that this contract allowed the District to install a server and associated hardware in the communication room at the Sheriff’s facility and to use two pair of the county’s fiber optic cable for the purpose of disaster recovery and continuity of operations for the District’s 911 operations and records management system.
Commissioner Dearden moved to approve Contract C2008-204, Interlocal Agreement with Weber Area Dispatch 911 and Emergency Services District for a disaster recovery site; Chair Zogmaister seconded, both voting aye.

 

6. action on Tax Review Committee recommendation regarding waiving penalty and interest on delinquent 2006 and 2007 taxes for land serial number 15-259-0009

John Bond, County Treasurer’s Office, stated that he had invited Nathan/Natalie Chuggs to this meeting but they were not present. They requested waiver of the $55.91 penalty and $185.78 interest for 2007 and the $40.91 penalty and $548.87 interest for 2006.

Mr. Bond said that the Chuggs had not received the tax notices for 2006 and 2007. In reviewing the documents presented to the county, Mr. Chugg had presented a recorded deed with his mailing address but the county had not sent the notices to the correct address. Mr. Bond added that it appeared Mr. Chugg had believed his mortgage company had been paying the taxes, but it had not.  After lengthy deliberation, the Tax Review Committee felt there was some shared responsibility and recommended waiving the penalties but not the interest. Mr. Bond noted that Mr. Chugg had the benefit of the use of the money during that time, that he had the responsibility to know that his taxes were not paid by the mortgage company, but that he had not received the notices sent by the county informing him that he was delinquent.

Commissioner Dearden noted that the tax notice had been sent to Oregon and asked about the county’s responsibility. Mr. Bond explained that the prior owner’s address was in Oregon and had received title two weeks prior to the Chuggs. The county still had the prior owner’s address attached to this property even though the Chuggs recording had their correct mailing address in Farr West, Utah. Chair Zogmaister asked in what year the address change had occurred for the Chuggs and Mr. Bond responded it had been 6/2004. Commissioner Dearden pointed out that someone else had paid the 2004 and 2005 taxes and Mr. Chugg could have believed that his mortgage company was paying the taxes. Chair Zogmaister asked where the delinquent notices were sent and Mr. Bond said that there is a delinquent message on the tax notices, but Mr. Chugg never received any of those, and a delinquent letter that been sent to the prior owner’s address in Oregon.
Commissioner Dearden moved to waive the penalty for 2006 and 2007 and that Nathan/Natalie Chugg pay 50% of the total interest for 2006 and 2007 for land serial number 15-259-0009; Chair Zogmaister seconded, both voting aye.

F. Assign Pledge of Allegiance &Thought of the Day for Tuesday, November 4, 2008, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 10:30 a.m.; Chair Zogmaister seconded, both voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor