Minutes for 2004-09-28, Direct pdf link.

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

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

A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by Fátima Blackford
C. Thought of the Day was offered by Chair Cain

D. Consent Items:
1. Purchase Orders in the amount of $128,986.88
2. Warrants #193202 - #193491 in the amount of $2,205,021.52
3. Minutes of the Public Hearing held September 20, 2004
4. The Sheriff's office requested to surplus a shredder (serial #550668, Weber County Property #13525) This shredder is not working and is not able to be repaired; therefore, we are further requesting that we may dispose of this unit
Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, all voting aye.

E. Action Items:

1. Discussion and/or action to approve a Stipulated Settlement Agreement with Sinclair Oil Corporation for tax years 2002, 2003 and 2004 - Contract C2004-110

Monette Hurtado, Deputy County Attorney, stated that Sinclair appealed their 2002, 2003, and 2004 personal property and real property taxes to the Utah State Tax Commission for both Weber County and Morgan County. As a result of the potential for them to be centrally assessed and there not being any local input, Weber and Morgan Counties entered into a Stipulated Agreement, coming to a determination on the values. Sinclair agreed to withdraw/dismiss the 2002 appeal. The values for tax years 2003, 2004 and potentially 2005 were negotiated, barring any major changes or investments made to that property.

The parties have agreed to dismiss the cases for 2003 and 2004, with an agreement not to file an appeal in 2005. The amount for the 2002 tax year was a combined assessment (of Weber and Morgan Counties) of $60 million and the negotiated combined agreement for 2003, 2004 and potentially 2005 in the amount of $25 million, with Weber County's portion being about 64% and Morgan' about 35%. Chair Cain asked about a repayment schedule and Ms. Hurtado stated that the Stipulation Agreement addressed this item. Under one option, the county has up to three years to pay the money back. Commissioner Bischoff asked about the repayment amount and the interest rate. Ms. Hurtado said that it would probably be the same amount the county would bill on interest, which is set January1. Chair Cain believed that the 2003 refund was $496,053 and Doug Larsen, Chief Deputy Assessor, added that this amount included the 2004 personal property refund as well. Sinclair had not yet paid their 2004 real property.
Commissioner Bischoff moved to approve Contract C2004-110, a Stipulated Settlement Agreement with Sinclair Oil Corporation for tax years 2002, 2003 and 2004; Commissioner Burton seconded, all voting aye.

2. Request for a final subdivision approval of Spring Mountain Subdivision No. 2, consisting of 3 Lots, at 3405 N. 2900 E., including a $12,360.00 financial guarantee for improvements

Kevin Hamilton, County Planning Department, showed an area map of this subdivision located in the Nordic Valley area. The Ogden Valley Township Planning Commission unanimously recommended approval of this item.
Commissioner Burton moved to grant final subdivision approval of Spring Mountain Subdivision No. 2, consisting of 3 lots, located at 3405 N. 2900 E., including a financial guarantee in the amount of $12,360.00 for improvements; Commissioner Bischoff seconded, all voting aye.

3. Request for final approval of C-Hanging-H Subdivision at approximately 1500 S. 5100 W., one lot, and request for deferral for curb, gutter and sidewalk

This item was held from last week for additional information. Jim Gentry, County Planning Department, reported that the letter from the Weber County School District's Transportation Division stated that the students living on 5100 West in West Weber were currently being bussed to/from Fremont High School, Rocky Mountain Jr. High School, and West Weber Elementary School because of the Railroad tracks.
Commissioner Burton moved to grant final subdivision approval of C-Hanging-H Subdivision at approximately 1500 South 5100 West, one lot, with a deferral for curb, gutter and sidewalk; Commissioner Bischoff seconded, all voting aye.

4. Agreement between State Of Utah & Weber County for Purpose of Providing Services of Process for the Office of Recovery Services & the Attorney General's Office - Contract C2004-111

David Wilson, Deputy County Attorney, gave a brief overview of this contract. The contract amount is up to $18,000 for the three year term from March 1, 2005 through February 29, 2008.
Commissioner Bischoff moved to approve Contract C2004-111, Agreement between the State Of Utah and Weber County for the purpose of providing services of process for the Office of Recovery Services and the Attorney General's Office; Commissioner Burton seconded, all voting aye.

Commissioner Bischoff moved to recess the Commission meeting and reconvene at 6:00 p.m. in the Commission Conference Room; Commissioner Burton seconded, all voting aye. 5.

F. Public Hearing will commence at 6 p.m. in the Commission Conference Room, 3rd floor

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

2. Public hearing on Conditional Use Permit Application CUP #12-04 for revisions to the Fairways at Wolf Creek PRUD at approximately 3900 N. Wolf Creek Drive

Kevin Hamilton, County Planning Department, stated that this item related to changes to the Fairways at Wolf Creek P.R.U.D by the petitioners. The revisions included reducing the total number of units from 122 to 115, eliminating two off-street parking stalls, and a revised phasing plan. The Planning Commission unanimously recommended approval of these changes. Mr. Hamilton addressed Commissioner Bischoff's question regarding the phasing plan. Chair Cain invited public comments and none were offered.

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

 4. Action on public hearing:

F.2. - Public hearing on Conditional Use Permit Application CUP #12-04 for revisions to the Fairways at Wolf Creek PRUD
Commissioner Burton moved to grant conditional use, CUP #12-04, for revisions to the Fairways at Wolf Creek P.R.U.D; Commissioner Bischoff seconded, all voting aye.

G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, October 5, 2004, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Bischoff moved to adjourn at 6:04 p.m.; Commissioner Burton seconded, all voting aye.

Camille T. Cain, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor