Minutes for 2008-12-09, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 9, 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 - Shelly Halacy
C. Thought of the Day - Chair Zogmaister
D. Presentation: Proclamation Recognizing Donna Osmond Kearney to honor her for her contribution to the White House Christmas tree
Chair Zogmaister read the proclamation and stated it was an honor to have Ms. Kearney, a Weber County resident, represent the State. Ms. Kearney had painted a beautiful ornament that was selected to represent the State of Utah to be displayed at the White House in Washington, D.C., and pictures of it were shown. Ms. Kearney stated that her inspiration came from her Heavenly Father, and she thanked everyone for their support.
E. Consent Items:
1. Purchase Orders in the amount of $191,754.54
2. Warrants #244971-245167 in the amount of $751,576.31
3. Minutes for the meeting held on December 2, 2008
4. New business licenses
5. New beer license
6. ACH payment to US Bank in the amount of $60,272.40 for purchasing card transactions made through the billing cycle ending November 15, 2008
7. Set public hearing for December 16, 2008, 10 a.m., to open the 2008 budget for amendments
Commissioner Bischoff moved to approve the consent items; Chair Zogmaister seconded, both voting aye.
F. Action Items:
2. Action a recommendation from the Tax Review Committee regarding land serial number 17-210-0002
John Bond, County Treasurer’s Office, noted that Mr. Ellis was present and that he had requested to have the posting of an escaped property tax–$17,444.32–in 2009 rather than in 2008, to give him time to pay before penalty and interest began accruing.
Mr. & Mrs. Ellis have owned three condominium buildings since 1997. In 2004 the County Assessor’s Office removed the value of the buildings in error, leaving only the value of the land to be taxed until this was discovered on 10/21/2008 and the $17,444.32 were added to the 2008 notice. Mr. Bond explained that any escaped property tax discovered after November 1 is posted to January 1, to be collected on the November 30 tax notice. Mr. Ellis had said he called the county in 2004 and had been told that no problem could be found. Chair Zogmaister asked if a record was kept of calls relating to taxes and Mr. Bond responded that no records were kept. The Tax Review Committee (5 members) had wrestled with this item–two felt that the county had made an error and that Mr. Ellis had done what was necessary by subsequently contacting the county and that he should not pay interest. Further, that with the discovery being made 1 ½ weeks before November that this should be posted in 2009. Three members believed that there was enough time and more contact should have been made by Mr. Ellis, and that Mr. Ellis was more astute in business decision-making based on the value of the buildings ($650,000) and the amount of taxes he was paying. From 1998-2003 the annual taxes for the buildings had been $5,000 and from 2004-2008 $550. The Tax Review Committee recommended waiving the late penalty on the $17,444.32 (due from 2004-2007), but charge the interest on any outstanding escaped tax balance beginning on 1/16/2009, and to let 2008's tax follow the normal statutory timeline, it being adjusted and posted to be paid in 2008.
Mr. Ellis stated today that he owned three 4-plexes and was not disputing that taxes were owed but had been very frustrated that he could not get an answer back in 2004 and that initially no one would even return his phone calls. He had not kept record of who he had talked with but had made several telephone calls. He had then assumed that he was being charged for one condo unit for the entire place. He stated that when he received the notice in October 2008, he again called and had the same experience–talked with 3 or 4 people trying to figuring out what was going on. When he spoke with Joe Olsen, Assessor’s Office, they finally determined that the buildings had been taken off. Mr. Ellis spoke of the financial hardships he experienced this year and his wife’s recent discovery of cancer and asked that interest be waived, stating he would pay the taxes. Commissioner Bischoff noted that if this was posted in 2009 the interest and penalty would stop accruing. He stated that the county had acted as a bank in that Mr. Ellis had use of the money over that period of time and typically it would not be appropriate to extend this for another year.
Commissioner Bischoff moved to post this to 2009, which avoided the penalty and interest, and gave the Ellis’ some time to make the payment on land serial number 17-210-0002; Chair Zogmaister seconded, both voting aye.
1. Action on a recommendation from the Tax Review Committee regarding land serial number 23-085-0010
John Bond, County Treasurer’s Office, noted that Mr. Erickson had requested that penalty ($101.93) and interest ($354.72) be waived stating that he had not paid the 2007 taxes because he had not received a tax notice. He also cited significant health issues with his wife, his brother had recently died and he had forgotten about this parcel’s taxes.
Mr. Bond noted some of the unique circumstances of this issue but stated that the county had not been in error. The Tax Review Committee had recommended denial. Mr. Erickson had obtained this property through a Sheriff’s sale in 2000 and there were a series of events that constituted the unique circumstances, such as how the information came through that sale, how the ownership never changed properly and continued to be in the former owner’s name for several years until 2006 when Mr. Erickson did a quiet title and put the property in his name. However, the county was not provided with an appropriate mailing address and the 2007 tax notice was mailed to the vacant lot. Chair Zogmaister asked if the tax notices are sent back to the county if they are sent to a vacant lot and Mr. Bond replied that they were and his office tries aggressively to find an address for about two weeks. This year the Recorder’s Office also assisted in this process. Chair Zogmaister noted that the correct mailing address was the responsibility of the property owner and Mr. Bond concurred stating that Mr. Erickson had been receiving the tax notices for this property for 4-5 prior years.
Commissioner Bischoff moved to approve the Tax Review Committee ‘s recommendation and deny the request to waive penalty and interest for Land Serial Number 23-085-0010; Chair Zogmaister seconded, both voting aye.
3. Contract with Los Amigos Race Association for an event at the Golden Spike Event Center (GSEC) on December 14, 2008 - Contract C2008-223
Jim Harvey, GSEC, presented this contract.
Commissioner Bischoff moved to approve Contract C2008-223 with Los Amigos Race Association for this event at the Golden Spike Event Center; Chair Zogmaister seconded, both voting aye.
4. Contract by/among Wasatch Slopes, Beehive, Skyline, Bear River and Golden Spike Chariot Associations and Weber County for weekly Chariot Racing at the Golden Spike Event Center - Contract C2008-224
Jim Harvey, GSEC, presented this recurring contract.
Commissioner Bischoff moved to approve Contract C2008-224 by/among Wasatch Slopes, Beehive, Skyline, Bear River and Golden Spike Chariot Associations and Weber County for weekly chariot racing at the Golden Spike Event Center; Chair Zogmaister seconded, both voting aye.
5. Amendment to an Interlocal Agreement by/among Weber County, Ogden City and Roy City to provide for the expansion of the Weber Animal Shelter to provide space for housing and sheltering animals from Ogden City and Roy City - Contract C2008-225
David Wilson, Deputy County Attorney, noted that this contract had been approved last week and presented one change to Section 2.9 which now gives the option to subsequent participating entities to either appoint a representative to the advisory committee or be represented by the person appointed by the county if they have animal control services through the Sheriff’s Office.
Commissioner Bischoff moved to approve Contract C2008-225, amendment to an Interlocal Agreement by/among Weber County, Ogden City and Roy City to provide for the expansion of the Weber Animal Shelter to provide space for housing and sheltering animals from Ogden City and Roy City; Chair Zogmaister seconded, both voting aye.
6. Final reading of an amendment to the Parks Department Fee Ordinance for changes in the fee structure - Ordinance 2008-35
Tim Maycock, Weber County Parks, stated that this was the final reading of the ordinance.
Commissioner Bischoff moved to adopt Ordinance 2008-35, final reading of an amendment to the Parks Department Fee Ordinance for changes in the fee structure; Chair Zogmaister seconded, both voting aye.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
7. Final approval of Jensen Glade Subdivision
Sean Wilkinson, County Planning Department, showed an area map (Nordic Valley area) noting that this was a 1.04-acre lot located within the FV-3 Zone, which requires a minimum of three acres. There is an exception in the Zoning Ordinance allowing non-conforming parcels regarding area or frontage which were created/recorded prior to the July 1992 changes to State Code relating to subdivisions. This subdivision shows a building envelope of 75 ft. by 100 ft. with less than 25% slope, therefore will not be restricted and hillside review will not be required but all structures will have to be constructed within the building envelope. The Ogden Valley Planning Commission unanimously recommended final approval on 10/28/2008 and staff also recommended approval.
Commissioner Bischoff moved to grant final approval of the Jensen Glade Subdivision; Chair Zogmaister seconded, both voting aye.
8. Final approval of Eden Lake Meadows 2 Subdivision
Sean Wilkinson, County Planning Department, stated that Eden Lake Meadows 1 that was recorded in February 2008 bordered this subdivision on the southeast. All of the roads for Eden Lake Meadows 2 were approved as part of Eden Lake Meadows 1. This subdivision contains a portion of AV-3 and S-1 Zones and the County Zoning Ordinance addresses lots split by different zones. The Ogden Valley Planning Commission recommended final approval of this item on 5/27/2008 and staff also recommended approval.
Commissioner Bischoff moved to grant final approval of the Eden Lake Meadows 2 Subdivision; Chair Zogmaister seconded, both voting aye.
9. Amendments to the Weber County Travel Policy - Policy 9
Dan Olsen, County Comptroller, stated that the county followed the State of Utah’s travel policy regarding per diem rates, which had changed in July, and it was the major change being presented today. These rates changed for in-state travel from $35 to $36, for out-of-state travel from $43 to $45 and for premium cities from $57 to $59. Additionally, the list of premium cities had been amended, and there was clarification that commercial air travel was the primary mode of travel to locations outside of the State of Utah.
Commissioner Bischoff moved to approve the amendments to the Weber County Travel Policy 9; Chair Zogmaister seconded, both voting aye.
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, December 16, 2008,10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Bischoff moved to adjourn at 11:05 a.m.; Chair Zogmaister seconded, both voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor