Minutes for 2002-04-30, Direct pdf link.

MINUTES
COMMISSION MEETING
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 30, 2002 - 2:00 p.m.
Commission Chambers, Weber Center, Ogden, Utah

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.

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: Chair Glen H. Burton, Commissioner Camille T. Cain and Commissioner Kenneth A. Bischoff.

Others Present: Linda G. Lunceford, County Clerk/Auditor, David C. Wilson, Deputy County Attorney. Fátima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.

A. Welcome by Chair Burton.
B. Pledge of Allegiance was conducted by Patty Burton.
C. Thought of the Day was offered by Commissioner Cain.

D. Consent Items
1. Purchase Orders in the amount of $39,872.18.
2. Warrants #161780 - #162105 in the amount of $1,371,147.73.
3. Minutes of meeting held on April 23, 2002.
4. Request by the Operations Department to surplus miscellaneous property in the former County Sheriff's Office building located at 444 26^th Street.
5. Request by the Weber/Morgan Narcotics Strike Force to surplus property.
6. Refund of taxes collected in prior year on personal property - paid in error, in the amount of $53.38.

• Commissioner Bischoff moved to approve the consent items with a clarification to the minutes; Commissioner Cain seconded, all voting aye.

E. Non-Action Items - None.

F. Action Items

1. Motion to Ratify Action Items Addressed in the April 23, 2002 County Commission Meeting to Correct Clerical Error
David Wilson, Deputy County Attorney, indicated that the initial agenda that was sent out had listed the action items under the non-action items category. Today's item is to ratify those action items.

• Commissioner Bischoff moved to ratify the action items addressed in the April 23, 2002 County Commission meeting; Commissioner Cain seconded, all voting aye.

2. Request for Approval of Exempt Properties for 2002 Pursuant to Utah Code Ann. 59-2-1102(6)
Margarit Nersisian, Clerk/Auditor's Office, indicated she had received all the affidavits from exempt organizations in Weber County, according to State Code requirements. The Assessor's Office reviewed these and certified that all the information was correct. Commissioner Cain asked if Weber Pathways was receiving a total exemption and Randy Kelly, Assessor's Office, replied that it was. She also asked Mr. Kelly about the McKay Dee Hospital Medical Arts Building and he said that Richard Skeen, representing McKay Dee, was currently trying to identify the space that is being held for lease to private physicians, but this had no bearing on approval of the exempt properties.

• Commissioner Cain moved to approve the list of exempt properties for 2002 as designated; Commissioner Bischoff seconded, all voting aye.

3. Request to Waive Interest and Penalty on LSN 23-087-0003; David Ray & Milagros Vierra
Margarit Nersisian, Clerk/Auditor's Office, stated that this property was originally owned by Sunridge, Inc. The current owners live in California, and when the deed was recorded, the Weber County Recorder's Office listed the property address, which is vacant land. Valuation and tax notices were returned to the county and the reason for the return was not checked. When the tax sale letter was sent out, Mr. Peterson of Sunridge called Ms. Nersisian and gave her a forwarding address and telephone number for the current owners. The commissioners asked how Mr. Peterson found out that the property was on the tax sale list and Ms. Nersisian explained that title reports are run for such properties and letters are sent out to anyone who may have an interest. She contacted the petitioners and indicated they had told her they were not aware they were supposed to pay taxes. They were asking for waiver of interest and penalty because the wrong address was put on the record. Chair Burton said that he could understand that the wrong address was on record, but not that they did not know they should pay taxes.

• Because the petitioners have had use of the money for five years, Commissioner Bischoff moved to waive the penalty but not the interest; Commissioner Cain seconded, all voting aye.

4. Agreement with BERMCO, Inc. for Operation of a Recycling Facility at the Weber County Solid Waste Transfer Station
This item was held per Gary Laird, County Operations Director.

5. Approval of Participating Agreement By and Among the Utah Division of Forestry, Fire and State Lands, Weber Fire District, and Weber County - Contract C2002-54
Brad Dee, Human Services Director, referred to the agreement and Exhibits 1, 2 and 3 before the commissioners. The purpose of this agreement is to maintain participation by the county and State in the Wildland Fire Suppression Fund for wildland fire protection in Weber County. Mr. Dee referred to various clauses in the agreement and expounded on them. The Division of Forestry, Fire and State Lands ("Division") will consult with the County when large expenditures of money appear to be possible. Expenditures in excess of $5,000 will be approved by the County Commission before they are incurred, if possible. If no county official can be contacted or if the contacted official declines to participate in decisions, the Division may choose to make unilateral decisions regarding appropriate actions and the county will be obligated to pay its portion of the resulting costs. Under this agreement, the county agrees to establish the position of a County Fire Warden who has primary responsibility for fire control, the county recognizes the Fire Warden as its official representative in wildland fire issues, and the county will participate in the payment of that position. The Fire Warden works for the Fire District but his salary comes from several different entities.

The reimbursements for qualified suppression expenditures will be provided as described in Utah Code 65A-8-6, unless the county participates in the Wildland Fire Suppression Fund as described in Utah Code 65A-8-6.2, and described in Exhibit 3. The county participated in that insurance fund in the past, however, this year the county declined to do so after consulting with the Fire District, thus Exhibit 3 is null in this agreement. Exhibit 1 is the Federal Excess Equipment Custodial Agreement and Exhibit 2 is the new addition to this agreement. It is a three-way agreement between the Forest Service, the District and the Division to fund a full-time position year around in hopes that consistency will be achieved in the wildland fire program. Craig Pettigrew with the Division explained that until last year, the Fire Warden had been a seasonal employee, paid as a State employee, and the county or Fire District contributed back to that position. There are a lot of interface concerns in the Upper Valley and this position will be devoting most of its time to that area. He reiterated that the county is not a party to the agreement in Exhibit 3 which calls for the reimbursement of a proportionate share of the actual expenses incurred, not to exceed $14,000 annually, to the District from the Forest Service.

• Commissioner Cain moved to approve Contract C2002-54, Participating Agreement By and Among the Utah Division of Forestry, Fire and State Lands, the Weber Fire District, and Weber County; Commissioner Bischoff seconded, all voting aye.

6. Set Public Hearing Date of May 21, 2002 at 2 p.m. on Renewal of Cable TV Franchise Agreement
Richard Badger, County Operations, stated that the Cable TV Franchise Agreement for unincorporated Weber County expires at the end of May. Mr. Badger indicated that Chris Allred, Deputy County Attorney, requested that a public hearing be set in compliance with the law for franchise renewal.

• Commissioner Bischoff moved to set May 21, 2002 at 2:00 p.m. for a public hearing regarding renewal of Cable TV Franchise Agreement; Commissioner Cain seconded, all voting aye.

7. Contract with Crossroads of the West, Inc. for a Gun Show at the Golden Spike Event Center, Contract Amount $2,025 - Contract C2002-55
Chair Burton gave an overview of this standard contract, which had been reviewed by legal counsel.

• Commissioner Cain moved to approve Contract C2002-55 between Weber County and Crossroads of the West, Inc. for a gun show to be held May 4 and 5, 2002 at the Golden Spike Event Center in the amount of $2,025; Commissioner Bischoff seconded, all voting aye.

8. Cancellation of May 7, 2002 Regular Commission Meeting
The cancellation was no longer needed.

G. Public Hearing

• 1.Commissioner Bischoff moved to adjourn the public meeting and convene a public hearing; Commissioner Cain seconded, all voting aye.

2. Public Hearing Regarding Proposal for Creation of an Agriculture Protection Area Submitted by Wendell Petterson
Wendell Petterson said that a group of property owners in the eastern part of the West Weber Township had submitted an application for the establishment of this Agriculture Protection Area ("APA"), consisting of approximately 722 acres, 37 parcels and 14 participants. Monette Hurtado, Deputy County Attorney, stated she had submitted her concerns in writing to the County Commission regarding this item. The county's statute and the Utah State Code require that property be continuous to constitute a protection area, however, Utah Power has not petitioned to be included but owns by fee simple title three parcels (3.7 acres, 4.81 acres, 2.38 acres) that the petitioners have included in this proposed APA and which connect other parcels in this proposal. Although proponents may include land used for non-agricultural uses within their proposed APA boundaries if that land constitutes a minority of the total acreage in the protection area, to date the county has not included anyone who has not petitioned to be included. The APA would be recorded against their property and place them under additional restrictions. Utah Power has the option to request removal from the APA and Ms. Hurtado pointed out that if Utah Power does not wish to be a part of it, the proponents have the option of submitting it with contiguous boundaries, but they would have four separate APA's. She recommended that the petitioners notify Utah Power to see if they are willing to have their property included in this APA. Rex Hancock, a petitioner, said that all the power lines were overhead lines and the agreement with Utah Power is that property owners can farm the ground. He said that he was using all three Utah Power parcels for agriculture and Mr. Petterson concurred. The commissioners indicated consensus to notify Utah Power. Mr. Petterson and Mr. Hancock stated that Utah Power had been completely supportive of them farming the land and believe that Utah Power will support this APA.

• Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Cain seconded, all voting aye.

4. Action on Public Hearing

• Commissioner Bischoff moved that the petitioners for this Agriculture Protection Area make contact with Utah Power and see if they can get their approval, and the item is to be placed on the Commission agenda in two weeks; Commissioner Cain seconded, all voting aye.

H. Closed Executive Session

• Commissioner Bischoff moved to adjourn the public meeting and convene a closed executive session to discuss strategy relating to the purchase or sale of real estate and/or strategy relating to imminent and ongoing litigation; Commissioner Cain seconded.

Roll Call Vote

Commissioner Cain - aye
Commissioner Bischoff - aye
Chair Burton - aye

• Adjourn the closed executive session and reconvene the public meeting.

• Action on Closed Executive Session

a. Sale of Property Described as Land Serial Number 19-011-0017 to the James Colletti Family Limited Partnership - Contract C2002-56
Gary Laird, County Operations Director, presented a real estate offer on this parcel by the James Colleti Family Limited Partnership. The parcel is in the county's name and consists of approximately 1.10 acres (50 ft. by 1109.3 ft.). This property went to tax sale in 1998 and back taxes on it at that time were $618.69 and the appraised value was $6,300. The petitioners who own adjacent property, had believed from the property description, which described to the railroad right-of-way, that their property included this parcel. The petitioners are in the process of selling the property. A survey was conducted and it was discovered that they do not own this parcel. The petitioners have made an offer to the county in the amount of $10,000 for the parcel, however, there is a request attached to consider the history of the property when establishing the final sales price. Chair Burton said that the history of the property meant that the petitioner had been farming and caring for it under the assumption that it was the railroad right-of-way that was referred to, when in fact it was another old right-of-way. Joe Adair, representing the Colleti Family Limited Partnership, stated that the buyers' name on the contract needed to be changed to the James Colleti Family Limited Partnership. Commissioner Cain asked Mr. Adair how he had established the contract price of $10,000 and he responded that they had used that price because they wanted to make sure they obtained the property because it had been included in their current real estate sales agreement. Commissioner Cain indicated that this offer presented a challenge for the Commission-by offering more than the assessed value-and that the commissioners wanted to be fair.

• Commissioner Bischoff moved to accept the offer in the amount of $10,000, Contract C2002-56, Real Estate Purchase Agreement with the James Colletti Family Limited Partnership; Commissioner Cain seconded, all voting aye.

I. Assign the Pledge of Allegiance and Thought of the Day for Tuesday, May 14, 2002 at 4:30 p.m.

J. Public Comments
There were none.

K. Adjourn

• Commissioner Cain moved to adjourn at 3:28 p.m.; Commissioner Bischoff seconded, all voting aye.

GLEN H. BURTON, CHAIR, WEBER COUNTY COMMISSION
LINDA G. LUNCEFORD, CPO, WEBER COUNTY CLERK/AUDITOR