Minutes for 2002-05-28, Direct pdf link.

MINUTES COMMISSION MEETING OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 28, 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.

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 Linda Lunceford.

C. Thought of the Day was offered by Commissioner Bischoff.

D. Consent Items
1. Purchase Orders in the amount of $86,550.19.
2. Warrants #162822 - #163171 in the amount of $1,319,215.30.
3. Minutes of meeting held on May 21, 2002.

Commissioner Cain moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

E. Non-Action Items - None.

F. Action Items
1. Resolution Approving an Interlocal Agreement Between Marriot-Slaterville City & the County Sheriff's Department to Renew Law Enforcement Services Provided to Marriot-Slaterville City
This item was held.

2. Agreement for Building and Perimeter Security for Ogden Courts Building - Contract C2002-64

Weber County Sheriff Brad Slater stated that this is a renewal of an agreement that has been in place for several years for provision of security services to the Second District Court by the County Sheriff's Office. The term is from July 1, 2001 through June 30, 2002 and is in the amount of $115,000.

Commissioner Bischoff moved to approve Contract C2002-64, Agreement for building and perimeter security for the Ogden Courts Building; Commissioner Cain seconded, all voting aye.

3. Contract By & Among Weber County, Ogden Eccles Conference Center, & Sunstone Services, Inc. for Event Space Lease Agreement & Food Services Agreement for a Weber County Tax Seminar to be Held June 3, 2002 at the Ogden Eccles Conference Center - Contract C2002-65

Roger Brunker, Tax Coordinator, stated that the Utah State Tax Commission will present a property tax administration seminar on June 3, 2002 at the Ogden Eccles Conference Center. This is to secure the space and the lunch. The amount is approximately $1,700, some of which will be reimbursed by the entities that are attending.

Commissioner Cain moved to approve Contract C2002-65, Contract by and among Weber County, Ogden Eccles Conference Center, and Sunstone Services, Inc. for event space lease agreement and food services agreement for a Weber County Tax Seminar to be held June 3, 2002 at the Ogden Eccles Conference Center; Commissioner Bischoff seconded, all voting aye.

4. Request to Waive Penalty and Interest Fees for Ogden City per Tax Review Committee Recommendation on the Following: LSN #01-029-0033, #05-110-0030 and #05-110-0032

John Bond, County Treasurer's Office, stated that Ogden City had discovered that three of their properties they had purchased (two for the Jefferson Park and one for the Lindquist Field) were on the delinquent tax sale list for 1997 delinquencies. The taxes due accrued during 1997 when private parties owned the properties. The 1997 tax notices went to the individuals that had owned the properties in 1997 and Ogden City never received them. Margarit Nersisian, Clerk/Auditor's Office, said she had sent Ogden City a letter about the delinquencies and that subsequently during a telephone conversation with them she stated they also had to pay the penalty, interest and tax sale fees; they told her they would send a check. However, when they sent the check to the Treasurer's Office the fees were not include and when Mr. Bond asked Larry Muench of Ogden City about them, he requested the commissioner's consideration in waiving the $376.97. Commissioner Bischoff asked on what basis the Tax Review Committee had recommended waiving the fees. Mr. Bond responded that they considered whether Ogden City had received a tax notice, whether the city had a closing on the property and whether the title company could have taken some role in getting the taxes to the county. Another item of discussion was that there are times when government entities will waive fees owed each other.

Commissioner Bischoff moved to waive the penalty, interest and tax sale fees for Ogden City per the Tax Review Committee recommendation for land serial numbers: 01-029-0033, 05-110-0030 and 05-110-0032; Commissioner Cain seconded, all voting aye.

5. Tax Review Committee Recommendations Regarding:
a. Susan Russell-Prior year refund for recreational vehicle
b. Chris McLaughlin-Prior year refund for recreational vehicle
c. Donald Higgs-LSN #12-070-0004d. MarketStar Corporation-Personal Property Account No. 7345

Douglas Larsen, Assessor's Office, stated that items "a" and "b" were exactly the same type of situation. He explained, and showed an example, that prior to 2002 the State Tax Commission's annual registration and tax renewal notice for value-based vehicles did not clearly describe the market value associated with the vehicle. Due to the lack of adequate information, a taxpayer's ability to understand that an assessed value might be in error was inhibited.

5a - Mr. Larsen said that when Ms. Susan Russell received the upgraded renewal notice this year she recognized that the Assessor's Office had significantly overvalued her property. She was requesting a refund for the past three years of overpaid property tax on a trailer in the amount of $631.91. Mr. Larsen said that the Tax Review Committee's (Committee) recommendation on this issue was somewhat rooted in the recommendations made on real estate issues wherein pertinent information had not been stated on the notices. In accordance with the county's practice for refunding improper or erroneous assessments for a one-year period, the Committee recommended a refund for the year 2001 in the amount of $202.29. Ms. Russell was present today and said that when she had purchased the trailer, she had understood there would be a higher assessment for recreational vehicles and when she received the first notice, she had reviewed it carefully, making sure that the serial number and plates were correct, but on the 1999 form she did not know where the MSRP was. Her trailer has been valued $20,000 higher than it should have been and had she known that, she would have appealed before. When Ms. Russell registered the vehicle, she had inquired about it and the clerk had shown her the value in the book and at that time figured out the error made on Ms. Russells' assessment-the Assessor's Office had used the very first trailer listed, a much higher valued trailer, and had not taken the time to look at the correct information that had been submitted to license her trailer.

David Wilson, Deputy County Attorney, said that the Commission is not obligated to refund any taxes under the law. This Commission has followed the policy of past Commissions in adopting a one-year refund policy. Mr. Wilson pointed out that if the county undervalued property, it cannot capture any of the underpaid tax. Commissioner Cain indicated that these situations are never easy to resolve. She summarized that there was a county error in the valuation of the property but that there is a matter of consistency in the adopted one-year refund policy which is premised on the Statute of Limitations for claims against a county. Changes have been made to the notifications to make them easier to understand.

In support of the Tax Review Committee's recommendation, Commissioner Cain moved to authorize the Treasurer's Office to refund one year to Susan Russell (5a) in the amount of $202.29; Commissioner Bischoff seconded, all voting aye.

5b - Mr. Larsen said that this item relating to Chris McLaughlin was essentially the same request as 5a but for different property. Mr. McLaughlin requested a refund for the past four years for overpaid tax totaling $526.95. The Committee recommended refunding for the 2001 year in the amount of $124.65. Mr. McLaughlin said that this was the property owner's money that they had overpaid and had the county input accurate information, the county would not be in possession of that money at this time. The commissioners explained that their policy was adopted to achieve some consistency in how they dealt with refunds and in attempt to be fair to everyone. Commissioner Bischoff pointed out that the taxpayers also have some responsibility in these situations.

In support of the Tax Review Committee's recommendation, Commissioner Cain moved to authorize refunding one year to Chris McLaughlin (5b) in the amount of $124.65; Commissioner Bischoff seconded, all voting aye.

5c - Mr. Larsen said that this item related to Donald Higgs, who was requesting a refund of overpayment in the amount of $462.50 for the year 2001. The Assessor's Office had incorrectly assessed an improvement on Mr. Higgs' parcel that existed on a neighboring parcel. The Committee unanimously recommended refunding $462.50. Mr. Higgs said that there were other improvements on his property and he had no idea that the house that exists on his neighbors' property was assessed on his property. He expressed thanks to the Assessor's Office for discovering the error.

Commissioner Bischoff moved to authorize the Treasurer's Office to refund $462.50 to Donald Higgs; Commissioner Cain seconded, all voting aye.

5d - Mr. Larsen said that this item related to MarketStar Corp. In 1999 MarketStar paid personal property tax on specific leased equipment and the leasing company also paid that tax, thus it was a double payment on the same property. The refund request is in the amount of $13,776.85 and the Committee recommended unanimously that it be refunded.

Commissioner Cain moved to authorize the Treasurer's Office to refund $13,776.85 to MarketStar; Commissioner Bischoff seconded, all voting aye.

6. Request for Approval of Tax Sale Extension Requests: a. Tom Murray, Inc. LSN# 04-065-0082 b. Danna Hurst LSN# 14-034-0008
Margarit Nersisian, Clerk/Auditor's Office, gave an overview of each request for extension and of the payment schedules.

Commissioner Bischoff moved to approve the tax sale extension requests as presented; Commissioner Cain seconded, all voting aye.

7. Properties to be Removed from Tax Sale List for Research by Recorder's & Surveyor's Offices

Margarit Nersisian, Clerk/Auditor's Office, explained that the Surveyor and/or Recorder's offices had recommended that about 31 small parcels be removed from the tax sale list to further research if they are valid parcels.

Commissioner Cain moved to approve removal of the properties from the tax sale list for research by the Recorder and Surveyor's offices; Commissioner Bischoff seconded, all voting aye.

8. Request for Approval of Late Appeal by Debbie Wright for Land Serial #12-119-0003

This item came before the County Commission today to request that the Board of Equalization (BOE) be opened for 1997 to hear this item in order to change the valuation for the property in that year. Margarit Nersisian, Clerk/Auditor's Office, stated that IFA owned this property in 1997. It was subdivided and sold to Steven Lee, under serial number 12-119-0003, and to Debbie Wright, under a new land serial number. In 1997, the valuation and tax notices were sent to IFA, however, because IFA no longer owned the property, they did not return or forward them, and neither Mr. Lee nor Ms. Wright received their tax notices. The following year Ms. Wright received her valuation notice and appealed the value, which was reduced for 1998. Ms. Wright then went to the Treasurer's Office and indicated she owed taxes on the new parcel number but they told her no taxes were due. Ms. Nersisian said that if Ms. Wright had received the notice for 1997 she would have appealed the value for 1997 as well, and it would probably also have been reduced. The item came before the County Commission in 2000 and interest and penalty were waived for Ms. Wright. This property was on the tax sale list this year and when Mr. Lee received the delinquency letter he called Ms. Nersisian, who then called the State Tax Commission and spoke with their attorney, explained the situation and asked if there was any recourse to open the BOE for 1997. Ms. Nersisian sent the Tax Commission a memo stating all the facts, an exception was made, and permission was granted to open the Board for 1997. However, she did not state that the interest and penalty had been waived by the County Commission because she had not known this fact at that time. Once permission had been received from the Tax Commission, Ms. Nersisian notified Ms. Wright who filed a Board application and the information was forwarded to the Assessor's Office. Subsequently, Ms. Nersisian received a letter from the Tax Commission stating they were denying the request to have the right to appeal the value for 1997. Ms. Nersisian called the Tax Commission and discovered that the County Attorney's Office had sent a letter to the Tax Commission; she had not been aware of this.

David Wilson, Deputy County Attorney, asked if the Board of Equalization had requested that this item be reopened and Ms. Nersisian replied the Board had not, however, the Tax Commission had told her that if she sent them a memo the Board could be reopened. Mr. Wilson said that when the Tax Commission had denied it, they indicated that the reason for denial for reconsidering opening it was that the request had come from the clerk of the BOE. Linda Lunceford, Clerk/Auditor, explained that the Clerk's Office acts as the clerk of the Board of Equalization and regularly deals with the Tax Commission as such without coming to the Commission first. Mr. Wilson expressed some concern with this because it appears this is the reason they denied the reconsideration. Ms. Lunceford suggested that perhaps the process that is used should be reviewed and she asked for direction as to when the Clerk is to act with or without the Board's direction. Commissioner Cain iterated that the Tax Commission's letter denies reconsideration of the item because they assumed that the BOE had requested the reconsideration and had essentially directed the county to reopen the 1997 BOE. A date will be set according to process, and no action was necessary today.

9. Request to Set Public Hearing Date on Re-Zoning of Powder Mountain Area

Craig Barker, County Planning Department Director, suggested that the public hearing be held on the evening meeting of July 9 because the time frame is not adequate for the item to be heard on the June 11 evening meeting.

Commissioner Bischoff moved to set a public hearing for July 9, 2002 at 4:30 p.m. on re-zoning of the Powder Mountain area; Commissioner Cain seconded, all voting aye.

10. Request to Set Public Hearing Date of June 11, 2002 to Amend the Ogden Valley General Plan by Adding the Ogden Valley Pathways Plan as a New Element of the General Plan

Craig Barker, County Planning Department Director, gave a brief overview of this item. Mr. Barker said that if approved, the addition of the Ogden Valley Pathways Plan would become the guiding policy for the Commission regarding pathways in the Ogden Valley.

Commissioner Cain moved to set a public hearing for June 11, 2002 to amend the Ogden Valley General Plan by adding the Ogden Valley Pathways Plan as a new element of the General Plan; Commissioner Bischoff seconded, all voting aye.

David Wilson, Deputy County Attorney, suggested setting a time certain (as close as possible) on the agenda for evening meetings so that those that are coming to hear certain items don't come expecting that they will be addressed right at 4:30 p.m.

11. Set Public Hearing Date of June 18, 2002 to Amend Chapter 4 of the Subdivision Ordinance, by Clarifying Improvements Required for Subdivisions, Guarantee and Inspections of Subdivisions

Craig Barker, County Planning Department Director, gave a brief overview of this item. He said that one of the most important regulations that needs to be implemented is the requirement that improvements be put in to a certain level before land use permits can be issued for construction of dwellings.

Commissioner Bischoff moved to set a public hearing for June 18, 2002 to amend Chapter 4 of the Subdivision Ordinance by clarifying improvements required for subdivisions, the guarantee and inspections of subdivisions; Commissioner Cain seconded, all voting aye.

12. Final Approval of Highlands at Wolf Creek Phase I at 5518 E. 3850 N. and the Acceptance of a Financial Guarantee of $275,000.00 for Subdivision Improvements

Craig Barker, County Planning Department Director, showed area maps stating that this was a continuing development of Wolf Creek. This particular phase consists of 16 lots and the zoning is residential, RE-15, which requires 100 ft. of frontage, 1/3 acre lots. Mr. Barker showed the road pattern for the subdivision. There is about 1.6 acres of open space with a trail going through the open space. He said that the Weber Fire District had given approval and there will be four fire hydrants. Wolf Creek Water and Sewer District has stated they will provide service to this development. It appears that an additional water line is needed to connect the water to this subdivision that will come to this development from offsite. He said that the County Engineer was concerned whether the amount of the guarantee was sufficient. Currently there is an escrow agreement for $275,000 for remaining improvements but if there is a need to conclude the additional water line, it may have to be included in the guarantee. This subdivision also has non-standard road improvements proposed. RE-15 zoning requires that there be high back curb, gutter and sidewalk. The petitioner is requesting a variance to that standard with curb and gutter on the downhill side and the pathways will go through the common space as opposed to sidewalks. Because of the design of the subdivision there is one lot (numbered as 105 when it was Elkhorn Subdivision) at the very bottom that has some double frontage on Elkhorn Drive. He recommended that there be a no-access strip off of that small portion of the double frontage on this particular lot. Mr. Barker recommended approval of this item with the understanding that engineering requirements will be clarified and if there are changes to the value of the guarantee, that it will come before the Commission for acceptance, plus any engineering requirements.

Lowell Peterson said that he had arranged for the escrow for the improvements and had assumed that it included this offsite water pipe, but that it does not, and the development does need another water line. Mr. Peterson stated they would come back with a separate escrow to guarantee construction of the water line because it is offsite and will be owned by the Water and Sewer Company. Mr. Peterson asked Mr. Barker if he was certain that there was gutter on one side of the road because he believed there was gutter, but no curb. Mr. Peterson preferred that this item be tabled for one week to clarify some of these items.

13. Setting Public Hearing Date on Conditional Use Permit #09-02, Regarding The Cascades at Moose Hollow P.R.U.D. of 48 Units at Approximately 3600 N. Wolf Creek Drive

David Wilson, Deputy County Attorney, stated that this item had not been correctly stated on this agenda. It should have been listed under the public hearing section. Proper procedure had been followed and the notice had been published in the newspaper for the public hearing to be held today. Mr. Wilson's recommendation was that the public hearing be held today and that it be continued to next week as well as listed for action. This item is continued below under "G - Public Hearings."

G. Public Hearings

Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Commissioner Bischoff seconded, all voting aye.

F.13 Public Hearing on Conditional Use Permit #09-02, Regarding The Cascades at Moose Hollow P.R.U.D. of 48 Units at Approximately 3600 N. Wolf Creek Drive

See item F13 above. Kevin Hamilton, County Planning Department, showed drawings and Lowell Peterson presented a large color rendering of this proposal. Mr. Hamilton stated that there had been no controversy at the Planning Commission on this item. Originally, at this site (located east of Wolf Creek Drive, below the golf course) there were 7 buildings approved. Each of the buildings was a 12-plex, with a total of 84 units. The petitioner came before the Planning Commission requesting amendment to that approval and he is proposing 8 buildings with 6 units in each building, for a total of 48 units. The Planning Commission unanimously recommended approval of this P.R.U.D. Chair Burton invited public comments. Lowell Peterson said that this amendment was an improvement, that the previous building profile had been quite high. He stated that there was some change in the density and most likely those other units would be included somewhere else in the overall development of Wolf Creek. No other comments were offered.

2. Public Hearing on Conditional Use Permit Application #8-2002 for a 136 Unit Planned Residential Unit Development (P.R.U.D.) Known as Trappers Ridge at Wolf Creek

Craig Barker, County Planning Department Director, showed are maps and stated that this development had come before the Commission previously regarding the road alignment, round about, private parking stalls adjacent to the proposed public roads, etc. The subdivision that the commissioners looked at (on 4/2/02) has been somewhat amended since that time. It is before the Commission today for consideration of approval of the P.R.U.D., which is in the RE-15 zone and contains 69