Minutes for 2002-06-04, Direct pdf link.
COMMISSION MEETING
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 4, 2002 - 2:00 p.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.
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: David C. Wilson, Deputy County Attorney, Alan D. McEwan, Comptroller. Fátima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Burton.
B. Pledge of Allegiance was conducted by Tonia Wilson.
C. Thought of the Day was offered Chair Burton.
D. Consent Items
1. Purchase Orders in the amount of $75,784.24.
2. Warrants #163172 - #163345 in the amount of $2,275,270.96.
3. Minutes of meeting held on 5-28-02.
4. Correction of error on parcels taxed in the year 2000 per Tax Review Committee recommendation:
LSN#'s 08-336-0008, 08-336-0009, 08-336-0010, 08-336-0011, 08-336-0012.
5. Refunds under $200.00 of taxes/age based fee paid in error in 2001 tax year on motor vehicles owned by: Christopher or Sherri Parks, Mountain Corals, Gaylen Rammell, Donald or Alice Fisher.
6. Refunds under $200.00 of property taxes paid in error in 2001 tax year by : Bankers Leasing Company, Jay or Lorin Bingham.
Commissioner Cain moved to approve the consent items, less the minutes; Commissioner Bischoff seconded, all voting aye.
E. Non-Action Items - None.
F. Action Items
1. Approval of Letter of Acceptance by Weber County for Ownership and Operation of Fort Buenaventura with Direction to Staff to Finalize Agreement
Fort Buenaventura was one of the State parks slated for closure due to State budget cuts. Chair Burton said that this Commission has felt strongly that the Fort should not be closed because it is an asset to the community. The Commission has been in negotiations with the State and appreciates the State's cooperation in assisting the county to keep the Fort open. This letter confirms the verbal agreement reached in regards to the county taking ownership and assuming operational responsibility of the Fort commencing July 1, 2002. The letter states the county's understanding of the following:
1. The State will transfer ownership of the Fort and any associated water rights (subject to any existing conservation easements) as soon as reasonably possible;
2. The State will provide transitional funding in the amounts of $35,000 on/about 7/1/02, $25,000 on/about 7/1/03, $15,000 on/about 7/1/04;
3. The State will transfer ownership via letter of the equipment which is listed on attached Exhibit 1;
4. The county agrees to retain the part-time employees in "part-time exempt" positions;
5. The State will provide all past records relating to the use of the Fort, as well as any pending reservations and will also transmit to the county any revenues for events scheduled after 7/1/02.
Chair Burton said that the county had asked for help from Ogden City on this issue and is hopeful they will assist with funding and provide utilities and some services. The Commission has directed Operations and the legal department to prepare an agreement finalizing this transaction. Jim Harland, State Parks, said that the State did not like closing parks and appreciated the county taking the responsibility for this unique park. He reiterated that there had been very cooperative attitudes on both sides and that an equitable agreement had been reached. Chair Burton presented Mr. Harland with two county history books.
Commissioner Bischoff moved to approve the Letter of Acceptance by Weber County for ownership and operation of Fort Buenaventura with direction to the staff to finalize the agreement; Commissioner Cain seconded, all voting aye.
2. Tax Review Committee Recommendation Regarding J.H. Buck Investment, Ltd.
John Bond, Treasurer's Office, stated that Mrs. Buck was unable to be present and had asked him to present her case. The Committee heard this item in December 2001 regarding delinquent property tax and the associated penalty and interest, and unanimously recommended denial of the request to waive penalty and interest. Chair Burton asked why Mrs. Buck felt she should not pay these. Mrs. Buck felt that she had not been notified, that she had sent her check in the mail in 1998 and that the county had not cashed it, and that the notification in the newspaper appeared under a name she did not recognize. The county has no record of having received her check. Her property was listed under the last name of "Buck" for years and someone put it into a limited partnership as "J.H. Buck Investment, Ltd." in 1985 thus it was listed under the letter "J" in the newspaper's delinquent property listing in 1998. Mr. Bond said that Mrs. Buck is 91 years old and lives alone. She could not find her last two years of tax notices and could not verify that they contained the message that the taxes were delinquent. She feels she has paid her taxes faithfully for (about 70) years and has never missed a payment. When she was notified that this tax was due, Mrs. Buck went to her sons who helped her collect the funds. Mrs. Buck had asked Mr. Bond to convey to the Commission that last year her heat bill was so expensive that she had to go to Medicare or Medicaid for assistance and that it would be helpful if she did not have to come up with the $281.70. Commissioner Cain asked if she qualified and/or was receiving property tax relief. Mr. Bond did not know and the Commission asked that he check into this and there was discussion that if the property is owned by J.H. Buck Investments Ltd. that it may not qualify. This item was tabled for one week to allow for further research.
3. Tax Review Committee Recommendation Regarding David Troester
Mr. Troester was not present at this meeting. Douglas Larsen, Assessor's Office, explained that Mr. Troester had purchased two adjoining parcels in Ogden's Legacy Park in November 2000, one improved with a home. These properties had been owned by Ogden City and were tax exempt for the tax year 2000, but would be taxable for 2001. The Assessor's Office did not change the taxable status for the vacant parcel and it continued to be classified as exempt. The Assessor's Office discovered the error in November 2001 and a correction memo was forwarded to the Auditor's Office, who notified the property owner. However, this notice was returned as "Undeliverable, No Such Number." Mr. Larsen noted that the Auditor used the same address as for valuation and tax notices, which the petitioner had received. In the first part of this year Mr. Troester was notified by his mortgage company that his taxes had not been paid for 2001. Mr. Troester has paid the taxes and is requesting refund of the 2001 tax for the vacant parcel in the amount of $245.34 based on the fact that the county had sent him two notices stating he owed no tax. The Committee's recommendation was to deny the request and is based in the provision under the escaped property tax. Commissioner Cain asked if it would be considered escaped property if a notice had been sent stating no tax was due. David Wilson, Deputy County Attorney, referred the commissioners to State Code 59-2-309 regarding property escaping assessment and stated that it fit within the definition. Mr. Larsen said that the Committee believed Mr. Troester had adequate knowledge wherein he had a tax notice for his home showing taxes due and another one for the vacant land that said no tax was due. Commissioner Cain asked if Mr. Troester might have reason to believe that zero amount was due for the second parcel because all the valuation may have been placed on the first parcel and Mr. Larsen said Mr. Troester had not indicated this and that he had understood he was purchasing two parcels of ground, each with its respective value.
Commissioner Bischoff moved to accept the recommendation of the Weber County Tax Review Committee and deny the request for a refund to David Troester; Commissioner Cain seconded, all voting aye.
4. Approval of the Public Health Funding Formula Between Weber and Morgan Counties
In their December 1999 review of the proposed 2000 budget for the Weber-Morgan Health Department, the Morgan County Council had asked for a Board of Health review of the formula agreed upon by the Weber and Morgan counties in the 1976 Unification Agreement for sharing the tax support responsibility for the two-county public health department. The funding formula, which has been in place since 1976, included only two factors, weighed evenly between the two counties: 1) county population in proportion to total population of all municipalities, and 2) county assessed valuation in proportion to total assessed valuation. Craig Heninger, Interim Health Department Director, stated that this request was presented to the Board of Health in January 2000 and they instructed staff to facilitate a review during calendar year 2000. The study committee reported on that effort and it was ratified by the Board of Health in their May meeting. The Board instructed that the new formula be taken to each of the governing entities for their approval. The Morgan County Council approved the new funding formula on May 21. Mr. Heninger gave a brief summary of the change recommended by staff stating that they felt that the two original formula factors were very economical and should be kept and that a poverty population multiplier should be added to the original population portion of the formula.
David Wilson, Deputy County Attorney, asked if the previous agreement stated that the formula could be substituted at any time as an exhibit or if an amendment needed to be made to the interlocal agreement with the new formula. Mr. Heninger was not certain of the language regarding modification. Mr. Wilson recommended approving this formula and that he and Mr. Heninger review the agreement. Commissioner Cain indicated that with the new Health Department legislation, the Commission may need to review the agreement anyway.
Commissioner Cain moved to approve the public health funding formula between Weber and Morgan counties; Commissioner Bischoff seconded, all voting aye.
5. Request for Approval of the Weber County Emergency Operations Plan-Hazard Analysis and Basic Plan -and the Weber County Rapid Situational Assessment Plan
Lance Petersen, Emergency Management Program Manager, presented these two plans. The Hazard Analysis and Basic Plan identifies both natural and man-made hazards which may impact residents of this county. It outlines response and recovery activities that local officials should follow if a disaster occurs. Mitigation planning and activities are also addressed in an attempt to make Weber County a more disaster-resistant community. The Rapid Situational Assessment Plan outlines the immediate operations that are directly linked to intelligence gathering immediately following a disaster. The Plan provides for the gathering of adequate and appropriate situational information to Policy Makers, thus allowing them to determine life saving/sustaining needs of the community. Responsibility to conduct this level of situational assessment (community triage) is assigned to the Weber County Sheriff's Office-Patrol Bureau; Weber County Roads Department (snowplow drivers); and Weber County Sheriff ARES Communications Team. Commissioner Bischoff expressed appreciation for the hard work put into this item. Commissioner Cain said that once this is adopted, the county can apply to be listed as a community prepared for hazards/emergencies and asked that Mr. Lance follow up on it.
Commissioner Bischoff moved to approve the Weber County Emergency Operations Plan - Hazard Analysis and Basic Plan and the Weber County Rapid Situational Assessment Plan; Commissioner Cain seconded, all voting aye.
6. Contract with Masters of the Chainsaw for Artwork to be Sold During the Weber County Fair, August 7-10, 2002 - Contract C2002-66
Jan Wilson, Weber County Fair, stated that this agreement had paid for itself in years past. The contract amount is $3,800.
Commissioner Cain moved to approve Contract C2002-66 between Weber County and Masters of the Chainsaw for artwork to be sold during the Weber County Fair August 7-10, 2002; Commissioner Bischoff seconded, all voting aye.
7. Contract with William Morris Agency for the Pam Tillis Concert to be Held August 8, 2002 at the Weber County Fair - Contract C2002-67
Jan Wilson, Weber County Fair, said that it had come to her attention that Ms. Tillis' rider to the contract would cost the county more money for staging and this morning, Ms. Wilson contacted the agent that helped book Pam Tillis. He asked that the county cross out Ms. Tillis' rider and provide a map (layout) of the stage that the county will provide for that entertainment. David Wilson, Deputy County Attorney, asked if the county had the map ready now and Ms. Wilson said it was. It will be presented to Ms. Tillis for approval. The contract cost is $20,000.
Commissioner Bischoff moved to approve Contract C2002-67 between Weber County and William Morris Agency for the Pam Tillis concert to be held August 8, 2002 at the Weber County Fair, with the rider including the map/stage layout; Commissioner Cain seconded, all voting aye
8. Contract with Winterset - Randy Merrill for Agent Fees Concerning the Pam Tillis Concert to be Held August 8, 2002 at the Weber County Fair - Contract C2002-68
Jan Wilson, Weber County Fair, stated that Winterset was the agency that Weber County had been working with to book Pam Tillis. The agent will take 10% of what the county booked Ms. Tillis for. The contract amount is $2,000. Commissioner Cain summarized that $200 is to be paid with the signed contract and the balance of $1,800 due at the time of the show.
Commissioner Bischoff moved to approve Contract C2002-68 between Weber County and Winterset/Randy Merrill for agent fees concerning the Pam Tillis concert to be held August 8, 2002 at the Weber County Fair; Commissioner Cain seconded, all voting aye.
9. Request to Waive Interest and Penalty for LSN# 15-180-0001-Brad Beus
Margarit Nersisian , Clerk/Auditor's Office, stated that this was a similar "dead" parcel issue that the county has been dealing with. It should have been taken care of last year, however, the parcel changed ownership a few times. The last time, two other taxpayers were involved and paid their portion but Mr. Beus had not paid his portion. After several contacts, he paid and has requested that interest and penalty be waived and Ms. Nersisian recommended that they be waived.
Commissioner Cain moved to approve waiving the interest and penalty for Brad Beus, land serial number 15-180-0001; Commissioner Bischoff seconded, all voting aye.
10. Request for Approval of Tax Sale Extension and Waiver of Interest and Penalty, LSN #05-139-0095-Argentum Family Trust
Margarit Nersisian, Clerk/Auditor's Office, explained that the first part of this request by the trust administrator, Bailey Hall, was for a tax sale extension and that they claimed not having received a tax notice for the last five years; they lease the building to a tenant. Ms. Nersisian said that $37,000 had accumulated in property taxes, interest and penalty in those five years. Mr. Hall had indicated to her his belief that the taxes had been included in the monthly mortgage payments. Mr. Hall has made one payment of $5,591, which took care of the 2001 taxes. Ms. Nersisian stated he is willing to start making $300 monthly payments and that he realizes that it has to be paid by next year's tax sale. A balloon payment is to be made by April 2003. Regarding the second part of the request, Mr. Bailey had represented to Ms. Nersisian that in 1999 the trustee had sent a letter to the Recorder's Office to change the mailing address for property tax notices. Ms. Nersisian said she had done extensive research at the Recorder's Office but there was no record of receiving this letter, and that also when changes had been made and the deed was recorded no request had been made to have the current address as the mailing address. Ms. Nersisian recommended not waiving interest and penalty because there is no record of receiving the letter and in five years he had never inquired about the taxes.
Commissioner Cain moved to approve the tax sale extension and to deny the request to waive interest and penalty for land serial number 05-139-0095 for the Argentum Family Trust; Commissioner Bischoff seconded, all voting aye.
11. Final Approval of Highlands at Wolf Creek Phase I at 5518 E. 3850 N. & Acceptance of a Financial Guarantee for Subdivision Improvements
Craig Barker, Planning Department Director, showed an area map and stated that this subdivision had been on the Commission agenda last week but there had been some issues regarding the improvements. Mr. Barker said that the County Engineer and Wolf Creek had met and had determined a revised cost amount of $296,000 to the guarantee for improvements. He pointed out some issues regarding the improvements that would require a variance to the subdivision standards. The property is zoned RE-15. The road pattern going up the hill for this zone requires full curb, gutter and sidewalk. In place of these improvements, the petitioner proposes rolled curb and gutter, with a trail system instead of the sidewalk throughout Wolf Creek. There will be curb on both sides of the road. This particular subdivision will have two portions of the Wolf Creek open space within it, which Mr. Barker indicated. The open space will be common areas which will be owned by the Home Owners Association of this subdivision. Because of the design of this subdivision, at the bottom there is a small area on lot 16 (formerly numbered 105 when it was Elkhorn Subdivision) that has double frontage on Elkhorn Drive and Elk Ridge Trail road. The county ordinance does not allow double frontage and the petitioner has agreed and it has been added to the final plat a "no access strip" on that small area so that all access will be from Elk Ridge Trail road. There is a water line that will be brought in to this subdivision to provide adequate water and an additional amount has been added to the guarantee for it. The Planning Commission recommended approval of this subdivision and acceptance of the guarantee for the improvements in the amount of $296,000, which includes a 10% contingency.
Commissioner Bischoff moved to grant final approval of Highlands at Wolf Creek Phase I at 5518 East 3850 North as discussed and acceptance of the $296,000 financial guarantee for subdivision improvements; Commissioner Cain seconded, all voting aye.
12. Request to Set the Date of June 11, 2002 for a Presentation on Avon Divide Feasibility Study
Dennis Richardson, County Engineer's Office, gave a brief history of this item. Weber County had contracted with Washington Infrastructure to do a feasibility study and a needs analysis for the Avon Divide road to determine what improvements, if any, were needed and the economic impact it would have on the area communities. The study has been completed and the County Engineer had placed this item on the agenda as an information item. Mr. Richardson said that a representative from Washington Infrastructure would be present at next week's meeting to report on the study. Chair Burton said that this had been a State legislature-funded study of approximately $100,000. Commissioner Cain asked if this project went through Forest Service lands and if they had been involved. There is a small piece of land that belongs to the Forest Service, but most of it is private. Chair Burton asked Mr. Richardson to contact the Forest Service.
G. Public Hearings
Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Commissioner Bischoff seconded, all voting aye.
1. Continuation of Public Hearing Held May 28, 2002 Concerning Conditional Use Permit #09-02 for The Cascades at Moose Hollow
Kevin Hamilton, County Planning Department, stated that this item had been listed incorrectly on last week's agenda and had not been listed for a public hearing. The item was heard and public comments were invited, and it was continued to today's meeting for action. Mr. Hamilton said that the petitioner had representation at today's meeting. Chair Burton invited public comments and/or any input from the Commission and none were offered.
2. Public Hearing on Renewal of the Cable Television Franchise Agreement
Richard Badger, Operations, presented two contracts for renewal of the cable television franchise agreement for the unincorporated areas of Weber County. One contract is with UACC Midwest and the other is with TCI Cablevision, however, both companies have been purchased by AT&T Broadband. Mr. Badger pointed out that the major difference in the agreements was that in the past the franchise fees were only for basic cable but this new agreement covers all services that cable television offers. Mr. Badger explained that there is no cost to the county, which is granting the franchise. Under the agreement, the county will receive 5% of the revenues on cable services that AT&T Broadband will provide to those persons having cable TV in the unincorporated areas. The contract has been reviewed by legal counsel, who prepared these agreements. Scott Dansie, AT&T Broadband, iterated that this was for a 10-year term and that there was a provision for Periodic Review as well as a provision for Educational and Government Access Channels, which is an option that the county can elect to invoke-AT&T would provide the channel for the latter provision and local governments provide the programming. Chair Burton invited public comments and none were offered.
Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Cain seconded, all voting aye.
3. Action on Public Hearings
a. Approval of Conditional Use Permit #09-02
Commissioner Bischoff moved to approve Conditional Use Permit #09-02 for the Cascades at Moose Hollow; Commissioner Cain seconded, all voting aye.
b. Approval of the Cable Television Franchise Agreement - Contract C2002-69 & Contract C2002-70
Commissioner Cain moved to approve Franchise Agreements, Contract C2002-69, with TCI Cablevision of Utah, Inc., and Contract C2002-70 with UACC Midwest, Inc., and acceptance of their Letter of Understanding on using the county's fiber network; Commissioner Bischoff seconded, all voting aye.
H. Assign Pledge of Allegiance and Thought of the Day for Tuesday, June 11, 2002 at 4:30 p.m.
I. Public Comments
There were none.
J. Adjourn
Commissioner Bischoff moved to adjourn at 3:23 p.m.; Commissioner Cain seconded, all voting aye.
GLEN H. BURTON, CHAIR
WEBER COUNTY COMMISSION
LINDA G. LUNCEFORD, CPO
WEBER COUNTY CLERK/AUDITOR