Minutes for 2003-03-04, Direct pdf link.

A. Welcome by Chair Bischoff

B. Pledge of Allegiance was conducted by David Wilson

C. Thought of the Day was offered by Chair Bischoff

D. Consent Items


1. Purchase Orders in the amount of $573,117.28
   
   
2. Warrants #173282 - #173517 in the amount of $1,381,062.47
   
   
3. Minutes of meeting held on February 25, 2003
   
   
4. Request by the Weber County Library to surplus the following
   
   
   1. Cisco Router 4700
      
      
   2. Merlin Phone System
      
      
   3. Emerson AP166 Uninterruptible Power Supply


Commissioner Burton moved to approve the consent items, less warrant #173435 in the amount of $372,801.00 (to be voided) and to hold the minutes; Chair Bischoff seconded, both voting aye.

E. Non-Action Items

None

F. Action Items
1. Request to Waive Late Penalty of $54.55 and $16.98 Interest on 2002 Taxes, LSN 19-112-0014
   
   John Bond, Treasurer's Office, stated that this item and the following one, F.2., were very similar cases. Mr. Bond explained that if any part of a property's legal description was changed during a tax year, the property tax notice would be sent to the owner of record as of January 1 of that tax year. This is what happened with both of these items and the owners were requesting that penalty and/or interest be waived because they had not received the tax bills. The Weber County Tax Review Committee had unanimously recommended that these requests be denied because the County had properly followed the statutory requirements.
   
   Regarding this item, Mr. Bond stated that Mr. and Mrs. Dick Andrews had sold the property to Cathrine Beaty on 7-10-2002, however, before they sold it, they had given their neighbor, Douglas Simmons, an access easement for the south 50 feet of the property; Ms. Beaty purchased the property with this condition. This legal description change caused the tax notice to be mailed to the Andrews. Chair Bischoff asked if Ms. Beaty was present to speak to the issue but she was not.
   
   
   Commissioner Burton moved to deny waiving the late penalty of $54.55 and $16.98 interest on the 2002 taxes for LSN 19-112-0014; Chair Bischoff seconded, both voting aye.
   
   2. Request to Waive Penalty of $62.67 on Late Payment of 2002 Property Taxes, LSN 17-210-0001
   
   See above item, F.1. Regarding this item, John Bond, Treasurer's Office, stated that this property had been in the Brusso Family Trust and that from 1997 through 2002 the tax notices had been sent to the petitioner's half brother, Mr. Brusso, in California. Mr. Bond read the letter from the petitioner, Ron Mau, to the Commission which stated that Mr. Brusso had transferred the trust to him on 1-9-99, the property had been recorded in his name in July 2002, and he had converted it into eight land serial numbers. Mr. Bond explained that this change in legal description required the county to send the tax notice to the owner of record as of January 1, which was Mr. Brusso. Mr. Mau indicated in his letter that his brother had not sent the tax bill to him until January 11, 2003. Additionally, Mr. Mau felt that the county had sent the tax notice to the wrong address and he requested that the penalty be waived. Mr. Bond stated that the county had properly followed the statutory requirements.
   
   
   Commissioner Burton moved to deny waiving the penalty of $62.67 on late payment of 2002 property taxes, LSN 17-210-0001; Chair Bischoff seconded, both voting aye.
   
   3. Request for Removal of Tax Assessment & Associated Penalty & Interest for Hooper City, LSN 24- 005-0010
   
   Roger Brunker, County Tax Coordinator, referred to the letter from Mayor Bailey of Hooper City which asked that delinquent taxes be waived on a parcel that was purchased originally (in 1994) by the Hooper Park District from Mr. & Mrs. Donald Wilson. This property is now under the control of Hooper City. The transaction took place, money was exchanged, but for unknown reasons the deed had not been recorded in 1994 when the Wilsons sold the property. Mr. Wilson called in January 2003 to make the City aware of the problem. The Tax Review Committee recommended unanimously to remove the delinquent taxes, interest and penalty upon receipt of documentation supporting that the property had been purchased by the tax exempt entity prior to 2000. Mr. Brunker said that the City had sent him a copy of the original warranty deed that should have been recorded in 1994. Taxes had been paid through the year 1999 by the City, which realized in 2000 they should not be paying taxes on it. Taxes are delinquent for the years 2000-2002 in the amount of $179.04 with penalties in the amount of $30 and $21.22 in interest.
   
   
   Commissioner Burton moved to approve removal of tax assessment and associated penalty and interest in the amount of $230.76 for Hooper City, LSN 24-005-0010; Chair Bischoff seconded, both voting aye.
   
   4. Agreement by and Between Weber County and Utah State University, Cooperative Extension Service ("Usu Extension") for Extension Educational Work - Contract C2003-34
   
   Commissioner Burton stated that this was the standard annual contract with the USU for the extension educational services. He said that the extension agents were paid by the USU but Weber County supplied the staff and support services in a partnership role. Chair Bischoff referred to contract item #2 regarding appointments of USU Extension agents which stated that "these appointments shall be satisfactory to both parties." His understanding was that the new appointment had been finalized and he was concerned that the county was not involved in the appointment process. The commissioners agreed that the county should have input and the Commission office will contact the Extension Service to discuss this issue.
   
   
   Commissioner Burton moved to approve Contract C2003-34, Agreement by and between Weber County and Utah State University, Cooperative Extension Service ("USU Extension") for extension educational work; Chair Bischoff seconded, both voting aye.
   
   5. Appointment of Four Members to the Public Lands Advisory Council
   
   Gary Laird, County Operations Director, explained that this council had been set up to advise the County Commission on uses of public lands. The positions were advertised in the newspaper and seven applications were received. Of the positions whose terms were expiring, Ed Jager (who had served in a regular council position) and Daniel Harris (who had served as an alternate) wished to be reappointed. The Council recommended the names of six persons, which the Commission appointed.
   
   
   Commissioner Burton moved to appoint to the Public Lands Advisory Council Ed Jager, Daniel Harris, and Patrick Sheehan to regular council positions, and as alternates Russell Lawrence, Dyan Gill and Darwin Vandergraff; Chair Bischoff seconded, both voting aye.
   
   6. Agreement by and Between Weber County and Thyssen Krupp Elevator for Maintenance of the Weber Center and Human Services Bldg. Elevators - Contract C2003-35
   
   Richard Badger, County Operations, stated that this agreement was for elevator maintenance on the three elevators in the Weber Center and two elevators at the Human Services building. Mr. Badger said that the cost of this contract ($850) was less than what the county had been paying under the previous one.
   
   
   Commissioner Burton moved to approve C2003-35, Agreement by and between Weber County and Thyssen Krupp Elevator for maintenance of the Weber Center and Human Services Building elevators; Chair Bischoff seconded, both voting aye.
   
   7. Request for Final Subdivision Approval of Shepherd Acres Estates , 3 Lots, at 1750 North 6250 East, Including a Financial Guarantee in the Amount of $44,000.00 for Improvements
   
   Kevin Hamilton, County Planning Department, stated that this was a 3-lot subdivision in the Ogden Valley area. It had required some lot line adjustments between lot 7 of Minnie Creek Estates No. 2 and lot 1 of the new subdivision in order to create the road. The Weber County Planning Commission had unanimously recommended approval of this item.
   
   
   Commissioner Burton moved to grant final subdivision approval of Shepherd Acres Estates Subdivision consisting of 3 lots located at 1750 North 6250 East, including a financial guarantee in the amount of $44,000.00 for improvements; Chair Bischoff seconded, both voting aye.
   
   8. Request for Approval of Amounts for Contract Modification with Washington Infrastructure for North Ogden Divide Project (Contracts will be prepared by UDOT after approval of amounts)
   
   Curtis Christensen, County Engineer, wished to apprize the Commission of the modification to the contract for this project, which would be forthcoming. The modification is for revision of the plans in order to allow for rebidding of the project and to help cover the cost for some of the changes in the scope of work. Mr. Christensen explained that the bidding process had changed since last year when this project was first bid out. He also stated that another item had been added that was above the previous scope of work (which was to align the North Ogden Divide Roadway at Chicken Creek and to replace a failing box culvert under the roadway. A structurally unstable historic box culvert must be removed prior to the installation of the new culvert). Mr. Christensen stated that additional design and a lot more review time would also be necessary.
   
   
   Commissioner Burton moved to approve the change in the dollar amounts for the contract modification with Washington Infrastructure for the North Ogden Divide Project; Chair Bischoff seconded, both voting aye.
   
   9. Contract by and Between Weber County and Hot Rockin 4th, LLC for a Concert, Demolition Derby, Snowmobile Races, Truck Pulls and Other Activities to Be Held July 4, 2003 at the Golden Spike Event Center - Contract C2003-36
   
   Jim Harvey, GSEC, stated that this item and the next three had been reviewed by the County Attorney's office and were found satisfactory. Mr. Harvey said that the Hot Rockin' 4th was for various events to be held July 4th. He said that this would be sponsored in part by Weber County.
   
   
   Commissioner Burton moved to approve C2003-36, Contract by and between Weber County and Hot Rockin 4th, LLC for a concert, demolition derby, snowmobile races, truck pulls and other activities to be held July 4, 2003 at the Golden Spike Event Center; Chair Bischoff seconded, both voting aye.
   
   10. Contract by and Between Weber County and Crossroads of the West, LLC for a Gun Show to Be Held April 26 and 27, 2003 at the Golden Spike Event Center - Contract C2003-37
   
   Jim Harvey, GSEC, stated that this was a standard contract and that it had been reviewed by the County Attorney's office which had no concerns.
   
   
   Commissioner Burton moved to approve C2003-37, Contract by and between Weber County and Crossroads of the West, LLC for a gun show to be held April 26 and 27, 2003 at the Golden Spike Event Center; Chair Bischoff seconded, both voting aye.
   
   11. Contract by and Between Weber County and Crossroads of the West, LLC for a Gun Show to Be Held November 29 and 30, 2003 at the Golden Spike Event Center - Contract C2003-38
   
   Jim Harvey, GSEC, stated that this was a standard contract and that it had been reviewed by the County Attorney's office which had no concerns.
   
   
   Commissioner Burton moved to approve C2003-38, Contract by and between Weber County and Crossroads of the West, LLC for a gun show to be held November 29 and 30, 2003 at the Golden Spike Event Center; Chair Bischoff seconded, both voting aye.
   
   12. Contract by and Between Weber County/the Weber-Morgan Health Department, and the Sheriff's Department for a County-wide High School Education and Dance Event to Be Held February 28, 2003 at the Golden Spike Event Center - Contract C2003-39
   
   Jim Harvey, GSEC, presented this contract for formality sake. The event took place February 28.
   
   
   Commissioner Burton moved to approve C2003-39, Contract by and between Weber County/the Weber- Morgan Health Department, and the Sheriff's Department for a county-wide High School education and dance event to be held February 28, 2003 at the Golden Spike Event Center; Chair Bischoff seconded, both voting aye.
   
   13. Phase II Storm Water Notices of Intent and Resolutions Approving Interlocal Agreements Relating to Obligations Required for a General Permit for Storm Water Management by and Between Weber County and the Following:
   
   
   a. Farr West Resolution No. 4-2003 Contract No. C2003-40
   b. Harrisville Resolution No. 5-2003 Contract No. C2003-41
   c. Hooper Resolution No. 6-2003 Contract No. C2003-42
   d. Marriott-Slaterville Resolution No. 7-2003 Contract No. C2003-43
   e. North Ogden Resolution No. 8-2003 Contract No. C2003-44
   f. Ogden City Letter of Understanding, Contract No. C2003-45
   g. Plain City Resolution No. 9-2003 Contract No. C2003-46
   h. Riverdale Resolution No. 10-2003 Contract No. C2003-47
   i. South Ogden Resolution No. 11-2003 Contract No. C2003-48
   j. Uintah Resolution No. 12-2003 Contract No. C2003-49
   k. Washington Terrace Resolution No. 13-2003 Contract No. C2003-50
   l. Weber State University Resolution No. 14-2003 Contract No. C2003-51
   
   
   Dr. George Burbidge, County Storm Water Management, stated that this item was the culmination of three years of work. There were five entities that had been unable to meet the deadline and those would come in later. Dr. Burbidge said that this was unique in that virtually every entity that falls under the MS4 had opted to co-permit with Weber County. He presented the resolutions, interlocal agreements and the notices of intent stating that the latter needed to be filed with the State by March 10. Dr. Burbidge said that Ogden City had opted not to go with an interlocal agreement but rather with a letter of understanding. He added that these contracts had been reviewed by the County Attorney's office.
   
   
   Commissioner Burton moved to adopt the following Resolutions approving the accompanying Interlocal Agreements relating to obligations required for a general permit for storm water management, with the following entities:

   Resolution 4-2003, Contract C2003-40 with Farr West City;
   Resolution 5-2003, Contract C2003-41 with Harrisville City;
   Resolution 6-2003, Contract C2003-42 with Hooper City;
   Resolution 7-2003, Contract C2003-43 with Marriott-Slaterville City;
   Resolution 8-2003, Contract C2003-44 with North Ogden City;
   Letter of Understanding, C2003-45 with Ogden City;
   Resolution 9-2003, Contract C2003-46 with Plain City;
   Resolution 10-2003, Contract C2003-47 with Riverdale City;
   Resolution 11-2003, Contract C2003-48 with South Ogden City;
   Resolution 12-2003, Contract C2003-49 with Uintah City;
   Resolution 13-2003, Contract C2003-50 with Washington Terrace City;
   Resolution 14-2003, Contract C2003-51 with Weber State University;

   Chair Bischoff seconded.
   
   Roll Call Vote
   
   Commissioner Burton. . .aye
   Chair Bischoff. . .aye

G. Assign the Pledge of Allegiance and Thought of the Day for Tuesday, March 11, 2003 at 10 a.m.

H. Public Comments
There were none.

I. Closed Executive Session


1. Commissioner Burton 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; Chair Bischoff seconded.
   Roll Call Vote
   Commissioner Burton. . . . . . . . . . . . . . . . . . . . . . . . .aye
   Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye
   
   
   
2. Action on Closed Executive Session
   There was no action taken.

J. Adjourn
Commissioner Burton moved to adjourn at 10:59 a.m.; Chair Bischoff seconded, both voting aye.