Minutes for 2010-05-04, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 4, 2010 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., 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: Kenneth A. Bischoff, Chair; Jan M. Zogmaister; and Craig L. Dearden.

Others Present: Douglas Larsen, County Clerk/Auditor’s Office; Chris Allred, Deputy County Attorney; Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Douglas Larsen
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $63,163.25
2. Warrants #261487 - #261757 in the amount of $626,936.46
3. Minutes for the meeting held on April 27, 2010
4. Request from the Clerk/Auditors Office to surplus equipment from the Justice Court
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Action on a Weber County Tax Review Recommendation - LSN 08-096-0034

Brenda Wheelwright, County Treasurer’s Office, stated that Riverdale City had forced Mr. & Mrs. Gibby to move from their home on 9/2006 to use their property for a Rocky Mountain Power project. After the closing on the Gibby’s new home, First American Title company processed the tax amount due from the seller and sent that portion to the County Treasurer with a memo to apply it to the old house’s land serial number. This was an error by the title company, that amount should have been applied to the new house. Because the Gibbys received the full veteran exemption on the old house when they purchased it, there was no tax due and the payment by the title company resulted in an overpayment, which was mailed to Mrs. Gibby on 4/2007. Mr. Gibby died shortly before this time. Mrs. Gibby cashed the check. She received the 100% veteran exemption in 2007, 2008 and 2009 on the new house. A ‘delinquent’ message appeared on her 2007-2009 tax notices for the new home for the 2006 tax year. The tax notices showed $0 balance due. Ms. Gibby did not call the county to question it.

The Tax Review Committee recognizes that several factors led to confusion on the Gibbys part regarding whether taxes were due and recommended waiving the interest that accrued during the first year of delinquency ($88.43) but to charge interest thereafter. Mrs. Gibby is asking that the full amount of interest be waived, which is $278.81 as of today. Commissioner Zogmaister noted that initially the title company made an error but also that this issue could have been cleared if Ms. Gibby had contacted the county. Chair Bischoff asked why there were no penalties and John Bond, County Treasurer, stated that Mrs. Gibby had paid her portion of taxes for the new house, which he believed included the penalties. Commissioner Dearden could understand that when taxpayers see the $0 balance due on the bottom line that they believe their tax bill is paid and he asked for clarification on the delinquent notice. Ms. Wheelwright explained that the tax notice does not show any delinquent balances, it only notifies that the property is delinquent, and it also shows the current tax amount due, which was $0 in this case. Mr. Bond noted that the Gibbys received the exemption only for the first property, thus the first year’s taxes went unpaid for the second property when Ms. Gibby cashed the check and kept the money. If she had called to inquire as to why the notices indicated delinquent or to inquire about the check she received, the Treasurer’s Office could have told her it appeared it was related to the new house.
Commissioner Zogmaister moved to accept the recommendation of the Tax Review Committee waiving the $88.43 for the first year and owing the $188.69; Chair Bischoff seconded. Commissioner Dearden made a substitute motion to split 50/50 to $140.00 because the bill had said $0 balance and it was confusing. There was no second. Chair Bischoff called for the vote on the original motion and Commissioner Zogmaister and Chair Bischoff voted aye. Commissioner Dearden voted nay.

2. Contract with Rocky Mountain Power to upgrade the electrical power for the Animal Control Expansion - Contract C2010-68

Nate Pierce, County Operations Department Director, stated that Rocky Mountain upgraded the electrical power lines to the Animal Control expansion as required. The contract amount is $12,697 but Rocky Mountain is paying all of it.
Commissioner Dearden moved to approve Contract C2010-68 with Rocky Mountain Power to upgrade the electrical power for the Animal Control expansion; Commissioner Zogmaister seconded, all voting aye.

 

3. Approve the Western Weber Planning Commission recommendation to begin the amendment process to the West Central Weber County General Plan Transportation Element incorporating the North Legacy Parkway Corridor

Rob Scott, Planning Division Director, noted that on 3/16/2010 the Western Weber Planning Commission (WWPC) discussed the North Legacy Parkway Transportation Corridor Supplemental Study that was completed last fall to identify the Legacy Parkway’s future alignment. The WWPC held a work session and subsequently made the recommendation to amend the West Central Weber County Master General Plan (WCWCGP). Some related issues included: 1) Is there a need to amend the WCWCGP? The existing WCWCGP calls for the Legacy Parkway to be located along 4700 W. The Supplemental Study recommends the westerly corridor to be between 6300 and 6500 W. 2) To what extent should the General Plan be amended? The WWPC recommends the focus on this recommendation rather than opening up the entire General Plan. 3) There are two alignments (Alignment 6 & 6A) recommended in the Supplemental Study and the question of whether to preserve one or both needs to be resolved. Mr. Scott said that it was important to move forward because it would significantly save money to purchase land now rather than 30-40 years out. It also helps area land owners to know that their property may be involved, even if a long way in the future.

The Study included discussion on agricultural preservation, environmental and sensitive lands, etc. Some of these items were identified but will be addressed in the future. A key point for consideration is how the Legacy Parkway corridor preservation is to be funded? The Study identified at least three sources of funds to help with the acquisitions. There was also discussion about the importance of coordinating this project with Wasatch Front Regional Council, UDOT, Hooper, West Haven, and Plain City.
Commissioner Zogmaister moved to direct staff to proceed with the recommendation from the Western Weber Planning Commission to begin the amendment process to the West Central Weber County General Plan Transportation Element incorporating the North Legacy Parkway Corridor; Commissioner Dearden seconded, all voting aye.

 

4. Contract with Huntsville Town to provide law enforcement services to Huntsville Town - Contract C2010-69

County Sheriff Brad Slater presented this contract modification providing for reduction in cost for services effective 7/1/2010-6/30/2011. The closing of the Huntsville Justice Court, relocation of the Valley Elementary School to Eden, and elimination of some positions (i.e., Valley Resource Deputy) necessitated review of the contract. He addressed Commissioner Dearden’s question stating that it would be about $11,000 reduction of projected revenue for the last 6 months of this fiscal year.
Commissioner Dearden moved to approve Contract C2010-69 with Huntsville Town to provide law enforcement services to Huntsville Town; Commissioner Zogmaister seconded, all voting aye.

5. Contracts with the following entities for RAMP Grants:
Ogden Nordic - Contract C2010-70
USDA Forest Service - Contract C2010-71
Riverdale City - Contract C2010-72
Harrisville City - Contract C2010-73
Roy City - Contract C2010-74
Weber County Parks and Recreation - Contract C2010-75
Community Action Partnership - Contract C2010-76
Plain City - Contract C2010-77
GOAL Foundation - Contract C2010-78
Ogden City - Contract C2010-79
Junior League - Contract C2010-80
Eden Park Service District - Contract C2010-81
North Ogden City - Contract C2010-82
Aerospace Heritage Foundation - Contract C2010-83
Boys & Girls Club - Contract C2010-84
Daughters of Utah Pioneers - Contract C2010-85
Eccles Community Art Center - Contract C2010-86
Egyptian Theater Foundation - Contract C2010-87
Historic 25th Street Association - Contract C2010-88
Imagine Ballet - Contract C2010-89
North Ogden - Contract C2010-90
Ogden Nature Center - Contract C2010-91
Ogden Pioneer Heritage - Contract C2010-92
Ogden Symphony Ballet - Contract C2010-93
Plain City - Contract C2010-94
South Ogden - Contract C2010-95
Treehouse Museum - Contract C2010-96
Union Station Foundation - Contract C2010-97
Weber State University Foundation - Contract C2010-98

Mike Caldwell, County Public Information Officer, stated that this list did not include major or municipal grants. He said that $7 million had been requested and $2.6 was available (about 25% reduction from last year. He recognized those who served on the RAMP committees stating they had done so with great integrity, transparency and fairness. He noted that Forbes Magazine ranked the Ogden area this week as the second most livable place in the United States.
Commissioner Zogmaister moved to approve RAMP Grants, Contracts C2010-70 through C2010-98 as listed above; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 11, 2010, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 10:36 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor