Minutes for 2010-12-21, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 21, 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: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County; Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Commissioner Dearden
D. Consent Items:1. Purchase Orders in the amount of $26,922.18
2. Warrants #269351-#269585 in the amount of $2,638,312.89
3. Surplus several TVs, VCRs, a cart and a scanner from the Utah State University Extension
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.
H. Public Comments:
Dawn Martell, of Huntsville, President of the newly formed Ski Lake Gated Homeowners Association, Inc., (HOA), had sent the Commission an email when she found out about today’s agenda item E.3. She stated that as a newly formed HOA, they oppose an extension of the agreement because the developer dumped the HOA on them and left the homeowners a severe financial burden due to neglect of all the common areas, and the road improvements which are estimated at $60,000+. She pointed out that Weber County Zoning Ordinance, Section 22 B-8 contains HOA requirements. The HOA was not registered/incorporated for over seven years, had no liability insurance, no bank accounts, no organized board, no fees or collection of fees to maintain the HOA, even at the request of homeowners, etc. She stated that Mr. Catanzaro has a past history of these issues. Phase 11 is basically an extension of their development, and the phases there have basically the same HOA agreements, which in the end may be meshed into one HOA. Ms. Martell said that this affects the homeowners and asked why the Commission would grant an extension when Mr. Catanzaro has a history of leaving financial burdens and neglect to the HOA’s for which he was the developer. Additionally, the land in Phase 11 and above has a very large property tax liability, which negatively affects the tax payers of Weber County.
Jeff Larsen, of the Edgewater Chalets, across the street from Ski Lake, stated that many of the comments by Ms. Martell are mirrored in their development. He noted that the Commission should have a letter in their packet representing 11 of the owners from Edgewater Chalets. The owners have made multiple requests for the HOA to be activated and enforced pursuant to the county’s laws. It is currently evident that the entrance has not been maintained. Additionally, the homeowners have made many requests to participate in paying dues and in an architectural committee, etc., but the requests have been rebuffed. The homeowners hope Mr. Catanzaro will step up and take his obligations seriously, otherwise they would accept the zoning reverting back to one home per 3-acre density. He said that it would be wrong for the Commission not to take into account the property tax liability.
E. Action Items:
1. Economic Promotion Management Agreement with Weber Economic Development Corporation (WEDC) - Contract C2010-231
Ron Kusina, Executive Director, Redevelopment Agency of Weber County, stated that this item was in regards to the Weber Economic Development Corporation’s annual review. Per the agreement, WEDC is required to provide the Commission with an action plan. Mr. Kusina gave an overview of the major objectives in the Action Plan 2011. About one month ago, WEDC provided the Commission with a complimentary summary report of all 20 business visits in 2010. Commissioner Zogmaister attends the Executive Committee meetings and receives a summary weekly and the Commission receives a monthly report. Mr. Kusina reported on the Weber Industrial Park’s maintenance plan and provided general information about the community’s statistics that will be monitored relating to wage and employment data.
Commissioner Zogmaister moved to approve Contract C2010-231, Economic Promotion Management Agreement with Weber Economic Development Corporation; Commissioner Dearden seconded, all voting aye.
3. Consideration and/or action on an agreement between Ski Lake Corporation, Mountain Sewer Corporation, and Weber County regarding a time extension for The Chalets at Ski Lake and the Summit at Ski Lake - Contract C2010-232
Sean Wilkinson, of the County Planning Division, stated this was the same item discussed at the Ski Lake Special Service District meeting earlier this morning regarding a one time 5-year time extension for these two subdivisions in the Ogden Valley and the granting of 100 sewer connections outside of the Ski Lake Special Service District for Weber County to use as it sees fit. In summary, these two subdivisions were submitted in 1998, prior to the Ogden Valley zoning change from one to three acre minimum zoning. These are the only two subdivisions remaining in the Ogden Valley with preliminary approval for one acre/unit. On 1/22/2008 Mr. Catanzaro received approval for a 3-year time extension allowing him to record as many subdivisions as he wanted within these developments up to that time, but as of 1/23/2011 all his entitlements would be lost and the zoning, FV-3, would take over and he would have to re-subdivide with 3-acre lots. In order to avoid this, Mr. Catanzaro has now requested a one time 5-year extension to the current agreement that would extend to 1/22/2016.
Representatives from County Planning, Engineering and the Attorney’s Office have discussed this agreement thoroughly with Mr. Catanzaro and his attorney and there were several drafts of it. Staff believes that the final agreement adequately addresses each of the recommendations, which include that these subdivisions are unique because they are the only ones in the Valley with an approved preliminary plan of one unit/acre. Staff is concerned about setting a precedent if this extension is granted without a public benefit being shown and agrees that providing additional sewer connections to properties outside of Ski Lake Sewer District is a public benefit that promotes the General Plan’s policy that the area needs to be connected together into a central waste water system. Staff recommends that a one time 5-year extension be granted for The Chalets at Ski Lake and the Summit at Ski Lake, provided that 20 sewer connections for property outside the Ski Lake development are set aside each year of the agreement. These do not expire and at the end of five years, there will be 100 sewer connections to distribute however the county wishes. Staff recommends that after the 5-year period the Ski Lake Sewer District be opened to anyone who desires to connect but priority is to be given to the remaining units within the Ski Lake developments and the county’s 100 sewer connections. Finally, the existing sewer facilities operation and maintenance agreement should be amended to reflect these recommendations and any others deemed necessary by County Engineering and/or the County Attorney’s Office. Mr. Wilkinson noted that County Engineering has requested that financial statements be submitted to the District on a regular basis as determined by the County Commission, which is the board for the District.
The Ogden Valley Planning Commission unanimously recommended approval of the one time extension and recommendations on 1/26/2010. Mr. Wilkinson noted that the commissioners’ packets contained letters from homeowners that addressed the property tax issue. There are several parcels owned by Mr. Catanzaro within these two subdivisions that will be developed in the future that have delinquent taxes as well as parcels owned by Mountain Sewer Corporation and the Lake View Water Corporation.
Melvin Smith, attorney for Ronald Catanzaro, addressed issues raised by Dawn Martell, President of the Ski Lake Gated Homeowners Association, Inc., and Jeff Larsen, of the Edgewater Chalets. He said that there had been a lot of pressure from homeowners wishing to have control of the HOA and they had a right to that and Mr. Catanzaro had turned it over by declaration, which is private, thus some issues are not governed by the Commission. The roads are a private matter and any money that should have been spent in the past or will be in the future comes from the homeowners–it is not Mr. Catanzaro’s responsibility. The roads were in good condition when he sold the lots. Mr. Catanzaro should have had liability insurance and he did not; he did not make assessments and was paying about $15,000/year to maintain the Association for over a decade. Mr. Smith said that Mr. Catanzaro had not known some of the things he should have been doing. He said that there was always a bank account, that no fees had been charged to homeowners, although there was a lot of maintenance done at Mr. Catanzaro’s expense, that Phase 11 is not going to be part of the old Ski Lake subdivision–the first declaration, which allows for a project to be expandable, placed a deadline, which has passed–participation in the design committee is governed by the HOA documents, and that Mr. Catanzaro needs to obtain liability insurance. There is an issue on the control side but Mr. Catanzaro can fully implement the operational side now and make assessments. Mr. Smith addressed Commissioner Dearden’s questions stating that the real property tax issue did not have any bearing on approval for the Sewer District item but the taxes would have to be paid prior to recording Phase 11. Mr. Smith noted that Mountain Sewer Corporation does not have liens on its property. David Wilson, Deputy County Attorney, stated that the District has an interest in Mountain Sewer properties should they default.
Jeff Larsen, of the Edgewater Chalets, stated that the majority of what is occurring with the HOA is a private issue but the original intent in moving from 1 to 3 acre zoning is to protect the county and residents of the Valley from developers who do not take responsibility for sewer, proper development of roads, etc. He stated that there is a pattern of Mr. Catanzaro not paying property taxes or following through on commitments. It is a requirement to have an HOA and within the HOA’s maintenance agreements there is a specific agreement cited in the letter with the contract to the county which has not been done. The pathways are also required in the General Plan and have not been put in the phase that has been sold. Mr. Larsen feels that the “exceptional circumstances” are quite a stretch. Commissioner Zogmaister said that talk of the need for access to the private sewer system has been ongoing. The county is the body politic and is already on the hook for the sewer system and by granting the county additional hookups there is an advantage for the stability of the sewer system to continue in the Valley for future expansion. Commissioner Zogmaister was trying to look at the sewer system separately to see if it would be a benefit for existing and future development.
Commissioner Dearden moved to approve Contract C2010-232, Entitlement Extension Agreement between Ski Lake Corporation, Mountain Sewer Corporation and Weber County for The Chalets at Ski Lake and the Summit at Ski Lake stating that granting the extension does not change some of the things that need to occur; Commissioner Zogmaister seconded, all voting aye. 2. Request for Approval of Phase 11 Summit at Ski Lake
No information had been provided in the Commission packets regarding this item. Sean Wilkinson, of the County Planning Division, stated that this item had not been made as a formal request by the Planning Division and the county did not have a mylar plat, the needed signatures, there was no escrow in place, etc. Curtis Christensen, County Engineer, stated that Mr. Catanzaro had requested that this item be placed on the agenda and there was a short discussion with him last Friday. The county has concerns moving this forward because of some policy issues as to whether to allow future developments beyond a suspended subdivision, which is phase 9, which has to be in place before phase 11. Thus his office has been reluctant to move this forward. They have not seen progress on Mr. Catanzaro’s previous subdivisions. The commissioners suggested putting this item on next week’s agenda and that Mr. Catanzaro meet with Planning and Engineering staff to find out what is needed.
4. Resolution appointing trustee to Ben Lomond Cemetery District - Resolution 35-2010
Chair Bischoff stated that there was a vacancy on the District and one application was received by a member who has been serving and is willing to serve another term.
Commissioner Zogmaister moved to adopt Resolution 35-2010 appointing Bruce Thorpe to the Ben Lomond Cemetery District; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye 5. Resolution confirming the appointment of Kim Dohrer to the Board of Directors of Weber Human Services - Resolution 36-2010
David Wilson, Deputy County Attorney, noted that the county received a name recommendation from the Human Services Board, which was approved and sent to Morgan County Council for their approval, which has been done.Commissioner Dearden moved to adopt Resolution 36-2010 confirming the appointment of Kim Dohrer to the Board of Directors of Weber Human Services from 1/1/2011 through 12/31/2013; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
F. Public hearing:
1. Commissioner Dearden moved to adjourn the public meeting and convene a public hearing; Commissioner Zogmaister seconded, all voting aye.
2. Public hearing regarding amendments to the 2010 budget:
Dan Olsen, County Comptroller, presented the end of the year adjustments. He outlined the highlights stating that a lot of the adjustments for the 2010 budget were related to grants. Chair Bischoff invited public comments and none were offered.
Commissioner Zogmaister moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye. 3.
4. Action on public hearing:
F. 2. - Amendments to the 2010 budget - Resolution 37-2010
Commissioner Zogmaister asked if the county was still within budget with the adjustments that had been made for 2010 and Mr. Olsen believed that the county would come out under budget on expenditures.
Commissioner Dearden moved to adopt Resolution 37-2010 amending the 2010 budget; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, December 28, 2010, 10 a.m.
H. Adjourn
Commissioner Dearden moved to adjourn; Commissioner Zogmaister seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Ricky D. Hatch, CPA
Weber County Clerk/Auditor