Tuesday, October 9, 2007

Press Release: Huntsville Town "For Sale - Can't Afford The Taxes" (cont)

(continued)

and D-Bell's home computer and phone so over whelmed, a website was created and email
distribution lists consolidated, www.dbelltax.blogspot.com. D-Bell receives excellent support
from the folks of the Ogden Valley Forum... mysteriously "Val E.". who support the cause.

While the For Sale signs were being distributed by Wingman Sorensen,
D-Bell was busily networking with more than concerned Valley residents numbering
in the hundreds. He began reaching out to other groups like Citizens for Tax Fairness
www.citizensfortaxfairness.org,
a Bountiful citizens group cofounded by Ron Mortensen.

Networking continues from north to south, east to west forming a Statewide
Coalition of citizens for property tax reform.

Bell and Sorensen are both pilots, so it was natural to select the name
"Wing men (and ladies of course) for Property Tax Reform".
Together they delivered petitions with more than one thousand signatures to
the Weber County Assessor and to the Chairs of the Utah State Legislature's
Revenue and Taxation Interim Committee. Bell gave an impassioned speech for
broad and comprehensive property tax reform on 19 Sept., and several from
the tiny Town also contributed with their own testimony. They were joined and
continue to be joined by citizens from all over the State who are livid and disgusted
with the inaction of our elected officials.


Highest taxed County in the State has turned down all efforts
Representative Froerer tries in vain
to meet with Weber County Commissioners and
the School District to mimic Davis County Commissioner's rebate program after they
legally held Truth in Taxation meetings.
Yet the highest taxed County in the
State has turned down all efforts to gain tax relief at every bend and turn.

Richard Sorensen and D-Bell
Wingmen for Property Tax Reform

New "Wingman" from Bountiful proposes Property tax reform sketch (cont)

Comments from D-Bell

This is close to what I have in mind. "Acquisition Value" (AV) taxation system seems very close to this synopsis. We discussed his plan over lunch with several other "Wing men". Bert seemed to agree that a "look back" several years would need to be established as a base assessed property value. Then either a set percentage or a percentage based upon the January announced Cost of Living Adjustment (COLA) would be applied each year to determine the new property value.


The tax rate, we agreed, should be a set standard rate (perhaps at 1% of the newly established property value.


This is a simple and very clear method.


Another discussion centered on commercial property. The initial consensus was to treat commercial identical to residential property.

And finally. "Centrally Assessed Property" was discussed. In case you are unfamiliar, centrally assessed property consists of the big corporations which are found in many counties and cross State lines.


There has been a near total shift of property tax burdens over to us over the past ten years or so. The big boys with their lobbyists are effective in getting the property taxes virtually exempted from any taxation, which of course shifts the property tax burdens to primarily residential property taxation and some commercial property taxes. Small businesses are generally hurting as much as we are (except perhaps in Weber County)...who knows with no "Truth in Taxation" or budget information coming out of the terrible trio.


We have no solutions for - nor ideas to resolve, the Centrally Assessed Property situation yet. But we are working on it with a political consultant with expertise in this area.

This one is, as the Brits say, "a sticky wicket" in that it is a fundamental truth in economics that corporations do not pay taxes, only consumers pay taxes. The corporations just pass them along to consumers in the form of higher prices.


But it would seem to me that a formula could be worked out based upon a corporation's net profit, perhaps taxing over a certain percentage amount. But that seems to cross over from property taxation to income taxation.


We need your ideas on this one. Think in terms of Quest, Kennecott, Union Pacific, Pacificorp, Worldcom, Kern River Gas Transmission, Voicestream Wireless, Delta Airlines, Questar Gas, AT&T Wireless, Verizon Wireless, and IPA the largest Centrally Assessed Corporations in Utah. Consider the services they provide us and how they deliver them. Then think about ways to have them share our personal and business tax burdens which will not be readily just passed along to us consumers.

Perhaps in-State residential and commercial credits to our gas or other utility bills. In-State automatic discounted rail freight charges from Union Pacific enabling more profit to small business users. Or phone bill and Internet service in-State credits for users of Version, AT&T, and Quest users, or airfare tickets price breaks for Utahans who fly, etc. These types of user "reverse fees -if you will", in lieu of local governmental funds being further stuffed with cash. Fees in lieu of taxes in reverse...or is that too obtuse? If there is a taxation burden shift in other words, let the "shift" cross State lines enabling increased personal wealth for Utahans who are already the fourth (4th) highest taxed citizens in the Nation with below the national average earnings. Let's work of increased effective earnings by consumer monthly rebates from these monster corporate leeches on our bank accounts.


Question; where is the old Public Service Commission? Where have they gone? Has anyone even heard of them in the past five years? Are they like the State Tax Commission a "toothless watch dog" now? What has the Governor and/or the legislature done to or with them?

If we take the usual "WHAT?! Tax those suckers. Always tax everyone else but me!", we are being wrong headed about this whole thing. Simply raising tax monies for local governmental spend thrifts (squanderers), which have no apparent accountability to constituents is not a good solution.


Simply making it easier for those Bert Hulet suggests be put on "Diet Cola", to bring in hundreds of millions more dollars, with no real legal cost benefit analysis measures. Or cost effectiveness public legal hoops to abide by and be accountable to constituents is just more of the same. A bottomless abyss and insatiable appetite to spend without accountability, except at the ballot box four years too late. We could use a recall provision by the way Senators and Representatives out there... to get rid of these scum sucking pigs (excuse me) well meaning public servants much easier...while we are lobbying for property tax reform and ethics reform.


Think out of the box friends and neighbors and let me/us know your ideas by posting them in the "Comments" on this site, so we can all think through them. Simply use the anonymous button if you are worried about what someone else might think of your idea. You don't have to identify yourself if you are shy or tepid.


Minor Machman

Monday, October 8, 2007

Stealth Legislator, Commissioner, Assessor, Meeting Report 8 Oct., '07

(Continued)

.....Every property, 100% of all properties taxed at 100%. No more 45% discounts for "primary residences". Got it? No more arguments over whether a house in St. George is a primary or non primary residence. 100% taxed equally. At the same rate...the whole State.

Then I want you to consider this. If you take a ten or twenty year look back, property tax is a little less than one percent (like .997634 or something). If you eliminate all these statistical nonsense of coefficients of variation, and coefficients of dispersions and all the things that have been talked about here today, which are difficulties with assessing properties based on the current system. If you eliminate all the assessors offices statewide and go to a simple "acquisition value" taxation system. A single cheap Dell computer could do the entire State for less than $1,000. What we have here is something too hard to even think about. Even professional assessors (referring to the Utah Co. assessor I think he was) say the sophisticated statistical techniques are so complex to apply and difficult to understand he didn't even want to attempt it. What you have here is a mess or what we used to call a "fur ball" in fighter pilot "dog fight" jargon. And there comes a time when you have to do something completely different in order to break out of the fight and prevail.

And for those of you who are in Real Estate or members of the powerful Realtors Association lobby I want you to consider this. If you don't get on-board with what turns out to be every State in the Union, except five (which are currently considering going to this simple system) you will see your precious 6% commissions cut to shreds anyway. Because we are going to begin to sell our properties to each other for $500. And 6% of $500 is only $30, not $30,000. You need to seriously understand what is happening. People are not stupid and they are seeing through this whole Real Estate based hyped up scheme. And they will revolt just as soon as someone comes along with a better alternative. Ninety percent of this Country has already done just that. Thank you - my minute is up.

Afterward is where any real progress was made. People clustered in small conversational groups.

I lobbied with several, but focused on Senator Wayne Niederhauser, Co Chairman of the Revenue and Taxation Interim Committee. I explained to him the details of the basis for "Acquisition Value" taxation. I included deductions for bogus realtor's commissions and the costs for curb appeal which actually add no value to a property at the sale. Senator Niederhauser asked questions, admitted his CPA professional training and background, as well as his developer current business interests. He said clearly he was not a Realtor association member nor a Realtor. This because of my continued probing into his interests with comments like "You probably already know about this...there are more than 22 Realtors now as legislators. And they have displaced attorneys over the past six years. As many as forty (40) meet regularly to scrutinize any possible legislation being considered. They meet to analyze any possible negative impacts such legislation might have on their "business interests" and their "6%" commissions.

"You passed, for example, a "Minimum Services Real Estate Act" to preserve their 6% commissions and defend against on-line services which offer to list and sell properties for fixed fees of say $500. This Internet service has already spread across the Country and would have promoted more real estate sales and actually - ironically made the claims of Utah Realtors Association members valid instead of propaganda. It would have actually validated their claim to support low property taxes and lower housing costs. Yet you let them bully their way and not in the best interests of your constituents. You were wrong then and apparently often over the past six years as they whittled away any relief from what we are now experiencing.

You need to know that I will personally guarantee that the word gets out. They will be exposed to everyone in this State. The walls of that particular scheme will, like all dishonest "ponzi schemes", come tumbling down. It starts here and now. I do not like to be lied too and neither do my neighbors. There are more of us every day who are kicking the props out from under that particular inappropriate lobby group.

Senator Niederhauser smiled and asked, "How many lawyers do you think are in the legislature?" To which I replied the Realtors have successfully displaced enough of them that over the past six years - they have bent and manipulated laws in favor of their own interests. They literally and almost blatantly brag about it openly in articles to the National Realtor's Association. These people will be likely targets for replacement over the next few years. It will not matter how much money they can spend or tricks they try to pull politically. We are not stupid and the wrath of the voters will far exceed the greed, corruption, and propaganda campaigns these few people, but big money, they can produce. They need to have their attention gotten and they will...this I can pretty much guarantee.

I asked him "How could Utah conceivably hold onto this ludicrous notion of staying a "non-disclosure" State just on ethical and moral grounds? How could we continue this non-sense of trying to hide the truth and facts from an over zealous tax assessor's office and cheat our neighbors? How on cultural grounds if nothing else, could the Utah State legislature persist with the URA line and propaganda rejecting honesty and openness and accountability? (Here readers need to know a previous Davis County Commissioner had explained how if he bought a half million dollar property he would not report it. Instead he like others (implied) would lay low so that his property would be under valued at the $350,000 of his neighbors on both sides. He felt we were not ready to become a full disclosure State...he is a Realtor by the way.)

I explained the analogy of how we used to be taxed on our vehicles. How it turned us all into tax cheats and liars. It even dictated what year vehicle we drove for years. Until someone came along and figured it out. Now we are all reasonably satisfied with the vehicle tax system because it at least makes a little sense to us. This is what we need and want with property taxes.

I iterated my speech asking where anyone was proposing our youth and young family's live? Representative Froerer and friends seem to want a reverse mortgage situation which will fatten the mortgage bankers wallets and ultimately the insatiable demands for more and more tax money by local and state government while attending to Realty interests/commissions. It will make his and their real estate champions ecstatic over turnover and commissions. But it leaves our children out in the cold with no place to call home in Utah. Are we to cram back into our homes with multiple large families like our Southern Immigrant families to make ends meet? The proposals he outlined are somewhere between outrageous and beyond even the AARP support. (1) Deferred taxes (with interest and principle payable upon death). Now there's a cheery prospect. Bad news is your mother died. Worst news is she owes the State or some scum bag legislator's mortgage bank business, the family farm plus interest. Go borrow or sell to pay off the tens or hundreds of thousands of dollars in back taxes and/or loans.) DOA non-sense. (2) Increase Circuit Breaker to the mid 30s (....$35,000ish) DOA Horse hockey which again ducks the "disease" (property reassessments out of control). To qualify for what? Up to $795 off a property tax bill of more than $4,000 that should be less than $800 to begin with?) More DOA non-sense. (3) Expand the one acre discount to more (?) in jurisdictions which require by ordinance a minimum of say three (3) acres. DOA non sense again. It is pandering to a specific constituency. It will be resented by others and create more problems. And it is a "pure" form of Band Aid which does not address any disease at all. A non solution. (4) Do a rolling average of the past five years of property taxes to eliminate the "spikes" caused by irregular County assessments. DOA Snake oil and a statistical search of a problem to "smooth". Figures don't lie. But liars will figure. This is a gadget approach designed to slip it to us all gently. Get the same revenue essentially, but do it on the "QT" ...so it won't cause so much outrage in the future. This is again a non solution - but worse a bad non-solution.

Dear people, if any of these proposals pass, every single Senator and Representative who voted for them needs to be escorted out of the State Capital building complex with his belongings in a card board box within weeks if not months.

We are headed - as the 4th highest taxed (total taxes considered) in the Nation, for all that goes with being a National disgrace. Without some of the more intelligent members of the legislature taking control of some of as many as 40 to 60 "indecent proposals" we will become the laughing stock of the Nation. What is worse, we will have earned that distinction by indifference, apathy, and inaction.

There is hope. Senator Niederhauser explained that they are only meeting to discuss issues and formulate proposals. They are in essence in an exploratory mode right now. The formal session which begins in January is when someone could for example propose my initiative, a "Blue Ribbon Study Group" to come up with comprehensive tax reform recommendations.

The Town of Huntsville is still For Sale and media day will be next Saturday (press release is being drafted). There is much being planned involving forming coalitions with existing groups, networking, lobby efforts of our own, meeting to build our own platform, build a strategy to execute our objectives, replace ethically challenged legislators with honorable people, etc. to work within the system. All this even though the evidence is almost over whelming that "the legislative system" is broken and part of the problem instead of the solution.

Some of us agree with Walt P.'s commentary in the 4 October Standard Examiner Letter to the Editor. Dramatic action involving a ground swell of citizenry from across the State marching on the Governor's Mansion or the Legislature will be required ultimately.

That's a wrap,

Minor Machman

Sunday, September 30, 2007

Beholden to special interests? Utah campaign funding 'unhealthy' (cont)

Click here to return to Utah Wingmen For Tax Re-Forum

(Cont.)

says Kirk Jowers, head of the Hinckley Institute of Politics at the University of Utah. "Two previous national studies" on campaign finance "gave Utah an 'F' and a 'D-," said Jowers. "Everyday Utahns are disenfranchised through the special-interest giving" to legislators.

Tony Musci of Utah Common Cause, a government watchdog group, says Utah has some of the "loosest campaign finance laws" in the nation. "We have an open-door policy to giving" in local campaigns — and as the cost of campaigns rise, "there is even more tension" as candidates seek bigger and bigger donations from special-interest groups."

The people of Utah have been wanting some kind of controls over (campaign) giving," said Jena Edvalson, executive director of UPNet, a local public service advocacy group.

But reform efforts have made no headway at the Legislature in recent years.

Big cash

Legislators who won their races raised $3.74 million in their latest elections, up from $2.7 million two years ago. Of that, $3.58 million came from special interests or the candidates' own pockets. That means 95.7 percent of their money came from special interests or their own pockets this year, compared to 81.5 percent two years ago.

For its study, the Morning News defined special interests as corporations and their officers, lobbyists, trade and union groups, political action committees and people living outside a member's district. Political party groups were included as special interests because they in turn receive most of their money from special-interest groups.

Special-interest money is so plentiful that 30 members did not raise any money from regular constituents.

Also, the Morning News found that 87 of the 104 legislators raised more than 90 percent of their money from special interests (see chart). The least raised by any individual was 64.3 percent by Sen. Fred Fife, in a 2004 race.Some legislators significantly increased the amounts they accepted from special interests. For example, while Rep. Roz McGee, D-Salt Lake, had the lowest percentage of special-interest money among House members this year at 71.7 percent, that was vastly higher than the 19.8 percent of her total that had come from special interests two years ago.

McGee was targeted for defeat this election by both Republicans and a pro-school-choice group, and so needed to raise more funds than usual.

The biggest donors some individual donors give much more than others, and a small core of them provided a significant share of the overall campaign money that went to election campaign winners.

The individual group that gave the most to new legislators was the Utah Association of Realtors ($162,500); followed by the Utah Banking Association ($70,400); Reagan Outdoor Advertising ($63,150); Parents for Choice in Education ($55,133); and the Utah Education Association (the teacher's union), $49,818. (See related chart).The Utah Association of Realtors itself provided about 4 percent of all money raised by legislators. The Top 10 groups provided 17 percent of all money raised. The top 50 provided just under half of all money raised (46 percent to be exact).

Chris Kyler, CEO of the Utah Association of Realtors, said a few other groups may have given more to all legislative candidates in 2006, but the Realtors happened to give the most to those who won.

It's a key strategy of the group, he noted, to thoroughly research how legislative candidates either vote on housing issues or, if not in office, which candidates purport to favor issues important to Realtors. "In important races we may give more," he said, "although it scares us how the cost of legislative campaigns is increasing.

"The Morning News also grouped donations by type of industry (see chart). The health-care industry gave the most ($494,655) followed by the financial industry ($385,678); political party committees ($314,468); and real estate ($261,325).

Some industries appearing on the list may be a bit surprising.

In Utah — famous for nonsmoking and nondrinking Mormons — the beer industry came in at No. 20 on the list, providing $38,750, and tobacco came in at No. 23, giving $35,650.

Special friends

Every special-interest group has special friends. But one member of the Legislature was favored by an amazing number of such groups: House Speaker Greg Curtis.

He personally was the No. 1 recipient from such special interests as the health-care industry (receiving $50,410); the finance industry ($47,050); the real estate industry ($20,881); lobbyists/lawyers ($12,400); the beer/alcohol industry ($4,000); and oil ($3,200).

Curtis did spread the wealth that he received, however, as party leaders often do to help their bids for re-election to leadership offices. He gave $48,000 to other candidates and party arms.

When Curtis was asked why he raised so much from special interests — $265,000 — he said, "To keep my options open." That could include running for a higher office in the near future. (Should Utah get a fourth U.S. House seat, Curtis' Sandy district would be in the new, open 4th District.)

So much special-interest money in legislative races "is a concern," said Curtis. But often special interests offset each other. "Both the banks and credit unions gave to me," and they often oppose each other in legislative fights, he noted.

And legislative races are becoming more and more expensive, so lawmakers seek and accept money from wherever they can raise it, Curtis said.

Finally, Curtis said that if a candidate happens to have sufficient campaign funds, why ask neighbors for needed cash simply to avoid 100 percent "special-interest" giving?

Of note, some groups spread their influence by giving to many, many legislators. A total of 14 special-interest groups gave to at least half of winning legislators.

They include: Reagan Outdoor Advertising (89 of 104 legislators); Micron Technology and the Parsons Behle & Latimer law firm (78 each); Kennecott (77); Merit Medical and Qwest (71 each); and the Utah Association of Realtors (70).

Typical receipts

The Morning News also figured how much the typical legislator from each party received from various interest groups, accomplished by totaling donations to members of each party and dividing by the number of members.

A typical member raised about $36,000 in donations from all sources.The typical Republican received from individual donor groups: $1,980 from the Utah Association of Realtors; $703 from Parents for Choice in Education; $797 from the Utah Bankers Association; $595 from Reagan Outdoor advertising; and $534 from Zions Bank.

By overall industry, a typical Republican received $4,896 from the health-care industry; $3,657 from the financial industry; $3,448 from party organizations; $2,946 out of their own pocket; and $2,991 from the real-estate industry.The typical Democrat receipt from individual donor groups included: $1,352 from Bruce Bastian (co-founder of WordPerfect, who is a gay activist); $1,079 from the Utah Education Association labor union; $739 from the Equality Utah gay rights group; $583 from Reagan Outdoor Advertising; and $513 from the Utah Credit Union political activity committee.

By overall industry, the typical Democrat received $4,000 from the health-care industry; $3,786 from labor unions; $3,584 from the financial industry; $3,299 from ideological groups; and $1,848 from lobbyists/lawyers.

Influence bought?

Not surprisingly, some groups that often push legislation (or fight it) are among the largest donors.

Utah's banks and credit unions for years waged war as credit unions sought more banklike privileges. Banks gave current legislators a healthy $147,266 in their last campaigns, and credit unions gave a respectable $51,184.

1-800-Contacts in recent years pushed legislation to help its mail-order business for contact lenses, and it was No. 10 in the individual-donor group, giving $37,450 (spread to 60 legislators).

Some industries appeared to be gearing up for possible fights. For example, the energy industry increased donations by about 25 percent, especially among oil and gas companies (which have upset Gov. Jon Huntsman Jr. and many customers with high prices, and some people have called for more regulation of the industry).

EnergySolutions (formerly Envirocare), known mostly for brushing up its image with TV ads and buying the naming rights from Larry H. Miller for what is now the EnergySolutions Arena, also spread plenty of money for fights it often sees over regulations about the low-level nuclear waste that it imports to its dumps. It was No. 15 among large donors, giving $31,000 to 66 legislators.

Is reform coming?

While good-government groups say such data show the need for reform, few expect it to actually occur any time soon. Legislators, who make campaign finance law, have little interest in changing the way they've raised money for their successful campaigns.

For example, Sen. Greg Bell, R-Fruit Heights, who has run other so-called legislative reform bills in the past, has stayed away from campaign finance changes. "It is a bad system. But I can't think of a better one." Bell warns that limiting campaign contributions to a certain level may lead to only rich people, who can self-fund their campaigns, running for and winning legislative seats.

However, Musci of Utah Common Cause says, "We clearly support a role for public financing of legislative campaigns," where money for campaigns could come from taxpayer check-offs — similar to how presidential campaigns are funded nationally. "A political campaign is a central part of the process of democratic governance," says Musci. "If the public is not funding that part of the process, then that critical part is owned by special interests. And that translates into how decisions are made once those elected officials take office."

Jowers said, "When citizens get involved in a legislative campaign or an issue, they are always more powerful than a special interest." He added, "But that's true only if they are engaged. If not, then special interests are always there to fill the power vacuum."

E-mail: lee@desnews.com;bbjr@desnews.com

Click here to return to Utah Wingmen for Tax Re-Forum

Friday, August 31, 2007

Legal Situation - from D-Bell

Friends and Neighbors,

A number of you have indicated that you would be willing to support some sort of legal activity to stop this tax abuse we are being subjected too.

I have spoken with two attorneys. One in SLC who is still thinking about strategies how best to approach our unique situation. The other I just got off the phone with (Jack Helgesen-Layton Office 544-5306) has suggested we get together enough money to hire a para-legal or investigator to investigate what has transpired. He needs a legal basis to file an injunction.

The investigator would look into if and when "Truth in Taxation" meetings were held by the School District and the County Commissioners. How were any such meetings advertised and how were we notified if any? Where these meetings were held if any were in fact held? Were the State Tax Commission procedures and processes followed properly? Who actually did the assessments and how were they qualified and trained? How were the assessment results, submitted in May, quality controlled and checked and by whom? What is the Weber County Budget? Why the lopsided assessments? Why low on the East side and more than 100% on the West side for example.

These and more questions need answers. Jack suggests an investigator (unless there is someone among us who can get all this information ourselves) perhaps could gather all this information. His estimate of the cost is around $500 to collect the facts he would need in order to decide whether an injunction can be filed based upon something done illegally.

So there you have it. If I can have anyone willing to donate $100 or more to this effort please send a return email of intent. If I see there is enough I can collect come time to pay the bill I will give the go ahead to Jack to get started. Guess its put up time...

D-Bell

Saturday, August 18, 2007

Class Action Lawsuit

Huntsville Town and Ogden Valley Residents,

As I ponder our shared predicament and search for emergency help after the predictable failure of the Commissioners and Assessors to listen and act Wednesday night, I am thinking we should join hands and form a Class Action Lawsuit against the County Commissioners and Assessors. It would halt this preposterous tax robbery and give time for organizational opposition to continued tax abuse. It would give us all in this State the chance to demand Jarvis-Gaan, Proposition 13 type legislation to protect unwilling sellers from gross tax abuse and enable retired fixed income home owners to remain in their communities and live in the homes they have sacrificed so much for. A Class Action lawsuit would be only a temporary fix with the same crowd coming after us again next year as promised by Mr. Doug Larson in response to Max's question.

I have a couple of friends who live in the high and rarefied air of Elk Horn subdivision at Wolf Creek and another who lives in a townhouse at Moose Hollow.

Now get this...the Elk Horn couple, with a home taxable assessed at $355,465 this year, had only a 34% increase and when their tax rate is applied only a 22% property tax increase.

The widow living in a showcase Town house is only tax-ably assessed at $234,628 both for 2006 AND 2007!? That is a zero percent assessed value increase and a minus (-) nine (9) percent DECREASE in taxes when the two different year mil levy's are applied.

Now for the most significant point. For these two properties (generalized to all similar in that area) the Certified Tax Rate was .012271 in 2006 and actually LOWER as compared to Huntsville's .01328 tax rate (a difference of .001009). And this year the Elk Horn and Wolf Creek, a high activity sales area compared to Huntsville Town, again has a much lower assessed taxable market value increase rate (34% versus Huntsville's 100%) AND get this! AGAIN a lower certified tax rate (.011703 for Huntsville and .011147 for the Wolf Creek - Elk Horn subdivisions.

Commissioner Dearden said at Wednesday's "Informational Meeting" before almost one thousand (1,000) of us, "We already gave Huntsville a 43% rate reduction." This just might be the truth and the assessor computer just never had the correct tax rate (2006 .01328) properly decreased by 43% to .0075696 instead of the .011703 actually used throughout the entire postal address of 84317. Nothing was granted to Huntsville Town in-spite of all the services we already provide ourselves; water, security/police, fire protection, roads and maintenance, snow removal, etc. Huntsville Town proper was in fact double taxed when these factors are considered.

Now folks this all sounds like very small numbers. But when you consider that currently Huntsville Town residential parcels alone are being tax assessed at a minimum aggregate of $47,362,131 taxable assessments. Actual taxes, based upon the .011703 CTR come to a minimum of $554,279. We should be taxed at Commissioner Dearden's .0075696 CTR, or $358,512...well you can see it makes a significant difference. A $195,767 tax difference.

Let me put it in personal terms. A Huntsville widow, we'll call her "Shirley", has the following actual situation:

2006 taxably 2007 taxably 2006 tax 2007 tax
assessed assessed @.01328 mils @.011703 mils
$75,632 $164,725 (a 117.8% increase) $1004 $1,928 (a 91.9% increase)

Now if "Shirley" were taxed using Commissioner Dearden's 43% decrease in tax rate, as he said was "already given to Huntsville" in front of a thousand people (estimated), Shirley would see a Property Tax Notice saying she owed $164,725 X .0075696 mils or $1,252 instead of the $1,928 Property Tax bill. A savings of $676 or a grocery budget for a family for an entire month. A property tax increase of 24.7% is still too high but relatively speaking - not outrageous. And it is at least in-line with fair and equitable taxation policy mandated by State Law.

I'm sorry gentle folks, but this whole assessment picture is so perverted and upside down I have to think it is time for a class action lawsuit against the Weber County Commissioners and Tax Assessor's Office, unless they recant and back off to something reasonable and damn quick! Outrageous does not describe what we are seeing and hearing from these people. A Class Action lawsuit would put a halt on this whole situation and might even require the County to actually have to pay many a refund for 2006 when and if a fair and equatable tax rate structure and assessments are ever required by court order.

So what say you attorney's out there? McKay, Mr. Curtis, Mr. Goff what is your pro bono opinion on this? And don't send me a freak'in bill either as I have to save up for unexpected taxes!


Regards,

D-Bell
dkbell266@yahoo.com

Wednesday, August 15, 2007

TAX REVOLT

Synopsis by D-Bell, Huntsville -- Complete article below

From 14 August, "Davis Clipper", "Tax Revolt", report by Melinda Williams,

Synopsis:

"Truth-in-taxation" meeting, Farmington, mostly senior citizens attended. One said perhaps because younger taxpayers were working overtime or second jobs to pay for their milk and taxes.

Dec., Davis County Commission passed a $7 million tax increase for its 07 budget of $87 million. D-Bell's comments in italics and bold font; (Why does Weber County have a 100+ million dollar budget?)

Many residents were adamant their houses couldn't sell for what the assessed valuation is.

"Some of those attending threatened to vote the commissioners out at the next election if they didn't do something about the spiraling tax hikes, and others said things will reach a point where taxpayers will form a grass roots movement to pass a Proposition 14-type initiative."

- Bountiful City council member Moss said it was unfair that residents saw a 40 percent increase in property tax, while the rest of the county saw a 20 percent increase, with no increase to commercial and industrial land.

Suggestion to commissioners - they roll back property values to last year's. Barring that he suggested property taxes in the other cities be brought up so the tax rate will do down.

(Bountiful saw a 40% increase...and they are upset. What about the Ogden Valley and Huntsville in particular? At more than 100%? After further review of Huntsville resident's property assessments, there are at minimum 59 out of 245 parcels looked at which are simply preposterous. Vacant lots claimed as a primary residence, 1.5 acre lot with a tumble down cider block shed as a primary residence, commercial properties as a primary residences and un-reassessed, many vacation and vacant homes all claimed as primary residences to get the 45% discount rate, creative land parceling to evade taxes, inappropriate claims of argi. FAA land on .3 acre parcels, GROSS assessment disparities between very similar homes, .75 acre lots with wild gyrations in assessed values, the list goes on and on. This has prompted several residents to ask if the assessor's have been drug tested...seriously. A thorough and competent audit and reassessment is definitely in order! And if Huntsville Town is a valid sample of the effectiveness with which the County Assessor did her job the entire County needs a redo. After State Tax Commission training and drug testing of course...) There are no doubt several within the assessor's office who are competent and honorable people...they just apparently did not work much on the Huntsville Town assessments apparently.

Throw out the baby and the bath water and start all over again this time doing it in the proper order and with the correct assumptions. Obviously no true valuations can be made out of thin air with no "comps" valid and no sufficient sales data for Huntsville Town. This clearly required. D-Bell

Article in its entirety

Tax revolt!

Melinda Williams
14.AUG.07FARMINGTON —

“Don’t burn Joan of Arc yet; we were elected to help find answers.” Saying tax collection is a painful thing, Davis County Commissioner Louenda Downs told an irate crowd at a truth-in-taxation hearing here Thursday night to reserve judgment. More than 300 people — mainly senior citizens — stayed well past the 8 p.m. ending time scheduled for that hearing, in an un-air conditioned Farmington Junior High, to rail against tax hikes which hit those on fixed incomes particularly hard.

Sherry Brophy of Layton told the commissioners that perhaps there were few younger taxpayers in attendance, because, “they are either working overtime or second jobs to pay for their milk and taxes.”

Most attending were upset about the recent revaluation of homes in Bountiful, which caused their taxes to skyrocket but people from Sunset to North Salt Lake joined to tell commissioners they can no longer make ends meet and pay a host of other taxes as well.

In December, the (Davis) county commission passed a $7 million tax increase for its 2007 budget of $87 million.

County officials explained where that $7 million went: $4 million for jail operation and maintenance, and another $3 million for flood prevention and senior services.

Those remarks prompted those attending to respond. One man who said his property taxes were rising at such a rate that perhaps the jail would be the only place he could afford to live, another commented about school district taxes (which the commissioners have no control over) building a Taj Mahal of a high school in Syracuse.

When Downs tried to explain that high property values were tied to the booming real estate market, she was contradicted by Centerville resident Gordon Tyler, who pointed out that recent news reports indicated mortgage companies are filing bankruptcies and sales are falling.

Many attendees were adamant their houses couldn't sell for what the assessed valuation says they are worth.

Kaysville resident Maynard Morris suggested the commissioners, who make $100,000 each yearly, cut their pay in half, He said, “It looks like we rent our home. We don’t own our home, we rent it (from the county).”

Some of those attending threatened to vote the commissioners out at the next election if they didn’t do something about the spiraling tax hikes, and others said things will reach a point where taxpayers will form a grass roots movement to pass a Proposition 13-type initiative. Proposition 13 was passed by California voters in 1978 and put a cap on the amount of property tax which could be levied.

Bountiful resident Chuck Swallow said he received a 3 percent raise increase at his job, but received a 28.5 increase in his property tax.

He accused the commissioners of paying lip service to angry taxpayers. “You folks have made up your minds on what you’re going to do. You just called this meeting to blow off steam.”

He told commissioners that the idea of a taxpayer revolt as in Proposition 13 is real. “You don’t want that. We don’t want that, but we will do it.”

Both Bountiful City council member Fred Moss and city manager Tom Hardy voiced their disapproval, representing residents of the city hit hardest by the tax hike.

Moss said it was unfair that Bountiful residents saw a 40 percent increase in property tax, while the rest of the county saw a 20 percent increase, with no increase to commercial and industrial land. “You’ve been asking us to pay more than our fair share for five years,” he said.

Indications were the majority of those in attendance were Bountiful residents, prompting Hardy to say, “I think this tells you where the problem is.”

He suggested the commissioners roll back property values to last year’s. Barring that he suggested property taxes in the other cities be brought up so the tax rate will go down.

Commissioners voted to wait two weeks before deciding what to do about taxes.

mwilliams@davisclipper.com

Friday, August 10, 2007

TAX facts and opinions to consider

Provided by D-Bell

Residents of Huntsville Town, I have gathered these facts and summarized them from area newspapers as referenced. Thanks go to Carl and Sharon Downing for providing the news copy to me. It is my belief that the better informed we all are the more we can glean the truth from the upcoming Taxation Meetings to be held at the Library (update Sat. 11 August. Because of the interest the meeting has been moved to the Junior High [Snow crest] bring your cushions for the bleachers…) between six and nine o’clock Wednesday evening. This meeting was arranged by Ruston McKay and Mayor McKay left a message saying he discussed the meeting with Commissioner Dearden and he will be in attendance.

In order to not allow a mere “Group Therapy Session” where they tell us basic information we already know and take questions from us so we will “feel better” having voiced our opinions; the following is a condensation of some facts we all should be aware of going into that meeting. And they may also be helpful when you (hopefully all in Town appeal your property tax assessments and taxes at the Board of Equalization, date and time TBA. The “opinions” are my own with which you may or may not agree.

I hope you all have signed both the Huntsville Town and the Ogden Valley the petition as well. And that you encourage your friends and neighbors to also sign it. We need to stand arm-in-arm and shoulder-to-shoulder against this tax abuse for yet a second year in a row. It is past time for a Town, Valley, County, and Statewide tax revolt and it just as soon start here in our beloved and proud little Town as any place else.

Scott Layton has an interesting story about Indianapolis having a stand-in around the Governor’s Mansion and a Tea Party which produced results. Mr. Goff has an interesting story about Oregon having a similar tax payer’s revolt, as have many other States. Oregon voters forced taxing authorities to retreat to 1996 property assessments. Using 1996 as a base; taxing agencies are only allowed a maximum of two and one-half (2.5%) percent increases per year.

We are in desperate need of such legislation. And only you and I can force it upon legislators that “go along to get along” or tax and spend liberals hiding out as “conservative” Republicans. Let us all make it clear to them in the many ways it apparently takes to get their attention. Otherwise we will be taxed out of this Valley and out of this State leaving nothing but vacation and resort homes in our wake. It is up to you and me to protect so many on retired incomes we love in our community that can no longer be up and about. They gave so much to us - let us return the favor.

Facts from Desert Morning News, page D14, July 23, 2007: “Utah home prices rise…but number of homes sold drops, notably in S.L. and Utah counties”

(Synopsis)
-Housing prices continued to rise in Utah in second quarter 2007. But number of homes sold dropped.

Salt Lake and Utah Counties 19% decrease in units sold compared to same 3-month period in 2006. (Report by SL Board of Realtors)

Davis saw a decrease of 16.1 % and Weber County 8.2% drop.

Median Salt Lake County home price $254K, a 15.5% increase over 2nd quarter of 2006.

Utah County median home value increased 19.9 % ($245K).

Weber County:
City Units Sold Median Price Percent Change

Roy 219 $167,000 14.0%
Eden 13 $400,000 (-5.9%)
Hooper 31 $259,500 18.5%

Huntsville (the Zip Code
NOT our Town) 8 $386,500 (-38.9%)

Marriott/Slaterville 166 $113,800 (-4.8%)
South Ogden 184 $135,000 1.9%
Farr West 317 $148,000 18.0%
Riverdale 98 $175,000 1.5%
North Ogden 123 $233,436 22.9%

The Salt Lake Tribune, page E-1, July 21, 2007: “Home-for Sale signs stack up”

Synopsis:

Same data as above. Except

For Zip Code 84317 :

Huntsville blank blank *

*Area had too few sales

“Weber County logged the smallest gain in selling prices, 12 % to $160,000”.

The Standard Examiner, Page 2A, August 7, 2007, “Utah’s increase in property values highest in nation.” Ogden-Clearfield area ranks at No. 5 nationally, by Loretta Park

Synopsis

Layton-Utah residents are dealing with the highest increase in property values nationally, according to a memo to Utah legislators.

With that increase, residents are also seeing unexpected increases in property taxes.

Utah has experienced a 17% increase in home values from the first quarter in 2006 to the first quarter in 2007, according to an Aug. 1 memo from the Office of Legislative Research & General Counsel.

That puts Utah in the No. 1 slot nationally for property value increases.

*(Huntsville Town assessed taxable property increased 116.45%, our Town property taxes increased by 90.74%, from D-Bell’s data collected from the Weber County Assessor Website, 9 August 07. http://otgweb.co.weber.ut.us/gis/2002/include/psearch/psearch.asp

Nationally, the average increase is a 4.3%, according to a report by the Office of Federal Housing Enterprise Oversight.

The counsel used the report to help explain to legislators why property taxes are increasing statewide, said Bryant Howe, assistant director of the Office of Legislative Research & General Counsel.

The report also listed the top 20 metropolitan areas with highest rate of house appreciation during that same period. It places the Ogden-Clearfield area a No. 5 nationally, with homes appreciating at 15.7 % in the past year.

*(Huntsville Town, 116.45 %!, from D-Bell’s analysis of Weber County Tax assessment data off their public Website.)

The Provo-Orem area was listed nationally at No 2, with homes increasing in value at 19.76 % and Salt Lake City listed at No.3 with homes increasing in value at 19.12 %.

(This is almost laughable if it weren’t true. Fellow Huntsvillians we have the highest rate of taxable assessed property and taxes in the Country according to Weber County’s own tax records.)

Appreciation rates:

States with the greatest rate of appreciation between the first quarter of 2006 and the first quarter of 2007:

Utah: 17%
Idaho; 12.3%
Montana: 11.7%
Wyoming: 11.7%
Washington: 11.6%
Source: Office of Federal Housing Enterprise Oversight.


More Tax questions, facts, thoughts and opinions:
Why property assessments and taxes recently announced are bogus
(D-Bell’s thoughts. Add your own- help your neighbor)


-Get a CMA (Certified Market Analysis) from a Realtor. It is free and required for an appeal whether or not appropriate or accurate given our unique local situation. Call 801-476-4216 and ask for an agency which provides CMAs to potential customers. Hint: one with local Huntsville ties is able to help best.

-After your agent visits and gives you the information decide your basis for an Appeal (see listing on the “Request for Review of Real Property market Value” included with your tax notice.

-Checkmark the appropriate numbers and then add any written comments you might feel is the truth referencing the checked numerical basis’ for appeal.

-The Board of Equalization will very likely feel besieged by applications so less is more. Be succinct and brief. Use bullet format where possible. They will likely appreciate it and look more favorably at it for approval.

(I would provide more if I had ever done this before. If any of you have, please add your advice to help a neighbor.)

Thoughts/ideas:

-Commissioners pledged tax increases less than 20% for the lower valley and less than 30% for the Ogden Valley. Ninety-one percent (91%) aggregate for the Town is Draconian, (your individual % increase may well be significantly higher. Call me (745-1419) if you need help with this calculation).

-If asked what you think your property is worth say, “Last year’s increase topped the actual market value…or hit close, if you think that is correct. And then give a reasonable dollar amount. Have that number in your head.

-Assessors are supposed to: use comparable home sales within the past two years. Inside Huntsville Town this does not seem possible given the low sales recently as acknowledged by the Salt Lake Tribune article (above). Local properties in foreclosure or for sale which have not moved in ten months or more are an indication of a previous inflated market.

-Why “comps” from ZIP code 84317 (outside Huntsville Town limits) when property owners within Town already separately pay for these services and more?

-Snow removal
-Public street lighting
-Public Safety/security/Police
-Fire protection
-Road maintenance
-Basic infrastructure
*Services the County must provide to Valley and County residents
-We are already paying for all these services.
-Huntsville Town residents should be taxed far less rather than the same as or more than residences outside Town limits.


-Why are ski resorts exempt from taxes? Why when every time a UDOT snow plough goes up to Powder Mountain or Snow Basin it cost us residents at least $500 a trip? Why are we being dunned for others to use our “lovely little sand box”? Our mountains and snow?

- When everyone is taxed out of the Valley who are you going to hire to plough and maintain the roads…illegal aliens? What is your plan for that?


-Utah State Code Section 59-2-103 limits the 45% residential exemption to"No more than one acre of land per residential unit". However the minimum acreage allowed per residence in the Upper Ogden Valley is 3 acres.Case in point: If your primary residence sits on a parcel of 3 acres. Under USC59-2-103, you are allowed a 45% residential exemption on only 1 acre ofproperty and are, therefore, subjected to 100% taxation on the remainder.Weber County Ordinance prohibits the ability to subdivide the parcel.Hence, rational logic would conclude that the entire parcel is yourPrimary Residence. And, as such, should be allowed the same residentialexemption. The result of this inequity in taxation logic is that persons livingwithin areas that require zoning in excess of 1 acre are penalized bybeing taxed at 100% of the excess EVEN THOUGH the larger parcel size is
mandated by local ordinance. (This input came from Mr. Keith Smith and we all thank you sir for it. It is yet another inconsistency and inequity in current assessment wrong headedness.)


Questions without answers so far:

After a review of all Huntsville Town parcels; whereas most people are honest, some seem to consider tax avoidance/evasion a game to play at the expense of their neighbors. As K-Bell said, “I don’t mind paying my fair share as long as everyone else does”. I think she’s got something there.

-There are instances where people are claiming primary resident status when they do not actually live in Huntsville Town, thus getting the 55% “discounted taxable property assessments”.

-Instances of “creative parceling” of lots to avoid high tax assessments. These people become obvious when doing a competent analysis and assessment.

-Instances where parcels are claimed as agricultural land, with significant tax rate benefits and discounts taken. Again at the expense of their neighbors. A competent assessor surely can see these.

-Some parcels show the same tax assessment for both years (06 & 07) with no increase at all? Poor assessment and attention to detail costs us all.

-Commercial property is frozen and un-assessed - nor have taxes on most of them increased from 2006? Why would income earning property not be worth more than a permanent resident’s home? Why weren’t commercial properties assessed? Again Weber County tax assessor inconsistence.

-One commercial property is claimed as a primary residence - clearly wrong.

-Some .75 acre parcels are assessed at $11,250, where most standard .75 acre lots are taxable assessed at $100,000. ($45,000 last year.) Why is this?

-Of the $425,057+ we are asked to pay into the Weber County coffers only about $40,000, or less than 1% will be returned to our Town. Where does the rest go and why?

-Huntsville Town when treated as if it were one residential parcel was taxably assessed at $16,780,196 in 2006 and that represented a nominal 60 to 80% increase over the previous year.

-The Weber County Commissioners’ Tax Assessor Cheryl Madson, enabled a 2007 taxable assessed property aggregate of $36,320,373 (and that does not include any assessment of the largest new mansion in Town; on three (3) parcels). So stand-by for RAM! Why has this property not been assessed and included? What justification could possibly explain an aggregate Huntsville Town ninety-one percent (91%) property tax increase?

-Our Huntsville Town aggregate taxes in 2006 where $16,780,196 and as I said about $40,000 came back to Town coffers.

-This year those same Commissioners and Legislators treated us to a 2007, $425,057 property tax bill. And that does not include commercial property, just residential (and faux agricultural claims). Again only about $40,000 will return to our Town General Fund. Less than 1%.

-If someone offers you $500,000 for your property, does that mean your property assessment should be a half million dollars? No, because the fundamental precept of any assessor is that the “Market Value is determined by a willing seller and a willing buyer agreeing on a price”.

-Many if not fully 60% of Huntsville Town is composed of unwilling sellers – at any price. We just want to live out our lives in peace, contribute to our Community, County, State and Country. And many want to leave their property to their progeny. Communities are made of this stuff. But for two years these oppressive taxes are having the apparent effect of heavy handed interference with fundamental constitutional beliefs and rights.

-Many have become convinced that Weber County Commissioners consider Huntsville and the Upper Ogden Valley as nothing more than a “lovely sandbox”. This is untrue to most who live here. Again they need to read their own Resolution No. 16-2007, “Ethics Pledge”.

-If the permanent residents are displaced by exorbitant taxation, who in the lower Valley or of the vacationer set and resorts owners will care?

-There are many models of this over taxation changing the demographics of a community and none have ended pretty. Jackson, Ketchum, and Park City - Summit Co. come to mind.

Huntsville Town and most of the Ogden Valley will continue to fight these poorly thought through taxation policies at the ballot boxes and where ever else it is necessary to put a stop to this insanity and immoral displacement of the old and infirm or retirees on fixed incomes. And young couples with children and energy need to pitch in too. Pitch in even though you are already over taxed by school fees and a multitude of some thirty-eight (38) taxes/fees on just about everything.

I personally feel that the Commissioners and Tax assessors need to reread Resolution 16-2007, “The Ethics Pledge”. What they are attempting against Huntsville Town with this outrageous property tax increase is not only morally wrong it is Draconian.

In the past Utah has been clever enough (until now it seems) to never be put in a National spot light for over taxing any one single service or parcel. But the trick played on us all is the legislature has passed taxes and fees on virtually everything imaginable. Thus making Utah’s dirty little secret of being in the top 10% of States in the Country when it comes to total taxation. (Fees are taxes by the way. And there is no such thing as business or corporate taxes…they just pass them on to you and me as a cost of doing business.)

My Town Councilman reported his post office box rental increased by $30 a year to $96. The reason…its rent is based on property values. Like I said, “On just about everything.”

Finally, after spending several days and evenings until one in the morning one tends to look for a “winner” relative to outrageous taxable assessment increases. The prize goes to a good neighbor to the North. Finally, because they built a humble two car garage (without a door or electricity) his property taxes increased by 803%. They win “the most draconian tax award”. Hopefully, we will see you in the appeal line along with every citizen of Huntsville. I will drive or arrange transportation for those who can not drive any more. Several volunteers have stepped forward and we could use more. This promises to be a long a hard fought campaign to get Proposition 13 type protection law passed. Those we elected should know better. Shame on them.

Thursday, August 9, 2007

Letter to Managing Editor of Standard Examiner

Subject: The Examiner Story on the Weber County Commission Meeting, Aug. 7,2007

Andy, I was disappointed in the story written by Jamie Lampros. I agree that citizens should not try to manage a story like this, but when there is an obvious lack of research and many basic facts are missing or in error in the story, it demonstrates that some reporters may do a questionable job.

The problem starts with the headline. It is obvious that this reporter did very little research into the issue, and did not research several major facts. If your reporter would have demonstrated the basic investigator's skills, these facts would have been in the story.

"Summers won't pursue approval for rock crushing" is inaccurate.




Mr. Summers petitioned for two issues. The first was to get a new ordinance for a MV-2 Heavy Industry ordinance in Ogden Valley for the rock crusher. There is no provision in the existing General Plan in Ogden Valley for such heavy industry. Mr. Summers was trying to change that. His effort to do so was denied previously by The Ogden Valley Planning Commission, 7-0. He then appealed this to the Weber County Commission. On Tuesday night the Weber County Commissioner's voted 3-0 to deny Mr. Summers appeal. The rock crusher issue cannot be appealed any further.
The Weber County Commission has the final word on this issue.

This was a major victory for the citizens of Ogden Valley. Passage of this MV-2 ordinance would have established an unwanted precedent for future heavy industry in Ogden Valley. The story as written mixes the two separate ordinances and it does not explain the heavy industry MV-2 ordinance implications clearly. The MV-1 ordinance was a conditional use change to the existing MV-1 ordinance. The MV-1 ordinance change was passed 2-1 to allow the small Cement Batch plant, but was secondary to the rock crusher issue, yet your reporter had it as the primary issue.

The reporter also chose to ignore that 335 citizens from Ogden Valley had signed a petition against the rock crusher and this petition was submitted to the Weber County Commission prior to the meeting. The petition was mentioned during the meeting and is on the public record, yet your reporter did not have any information about it in the story. The significance of the petition is that 335 people, many of them friends and neighbors of Mr. Summers, along with many others from all over the Ogden Valley, took a collective stand for the first time with those signatures against this MV-2 rock crusher issue. The petition is available on the blog: www.ogden-valley.blogspot.com.

Your reporter also chose not to report that Mr. Summers was provided a forum on the above named blog to state his case for a rock crusher in Ogden Valley. He did provide such a document for posting to the blog, which was posted last week, several days prior to the Commission meeting without comment, change, or editing. This information was read into the public record at the meeting on Tuesday night, yet ignored by your reporter.

Your reporter also provided Mr. Summers with a forum to appear magnanimous when it was reported that he may not pursue the MV-1 cement batch plant even though it was approved 2-1 by the Weber County Commission. If indeed he chooses that path, The VCRD (Valley Citizens for Responsible Development) and most Valley citizens will be pleased.

In summary, the Standard Examiner and the paper's reporters have been provided with previous access via the Ogden Valley Forum blog and contact information that clearly indicated the concerns of many citizens in Ogden Valley over this issue. You yourself said that it was a worthy news story, yet this reporter choose not to research the details of the zoning issues listed above or interview anyone that could have provided those facts.

Sincerely,

Larry Zini

Friday, August 3, 2007

Thom Summers Speaks about his Rock Crusher Business

To the Concerned Citizens of Ogden Valley:

Many rumors have been circulating the Valley about the PROPOSED rock crusher/cement plant. We would like correct the rumors and state the facts.

The rock crusher would be used to


recycle clean, non-contaminated dirt and rocks. This will NOT BE A GRAVEL PIT – NO MINING WILL BE DONE.

The crusher is not like the crusher that is seen at Rocky Point. Our crusher is small and portable. Our crusher can be loaded on a trailer and hauled off. Material would be hauled in and stockpiled. The crusher would be hauled in approximately every three months to process what has been stockpiled then it would be hauled off. Based on the size of the stockpiles it would take 2 to 4 weeks to process the material. The crusher would be used during the hours of 8 – 5, Monday through Friday.

We would recycle clean, non-reinforced cement, from driveways, curbs and gutters. This recycled material would be sold to the public by the yard. We would also take non-contaminated excess dirt and rocks that is scattered through out the valley and recycle it. This material could be used for clean, screened top soil. The rocks, based on size, would be used for landscaping. This material would also be sold to the public by the yard.

The cement plant is a very small U-Cart plant. This operation would be similar to Sandee’s Soil on 1900 West and Save-More products on Wall Avenue. There would be a couple of small towers, approximately 20 – 25 feet high. This would be a service to all citizens of Ogden Valley who need one to two yards of cement. This will NOT be a cement plant operation the size of Parsons or Granite Rock Products.

Also, a sound barrier, trees and a water system would be installed to help prevent noise and dust.

By recycling we are providing solutions for many concerned citizens. This will be a service to all Ogden Valley residents. This will help eliminate some, not all, trucks in Ogden Canyon. Provide quality product, i.e. crushed rock, landscape rocks, colorful rock, lava rock, top soil and a pour-a-yard which would be sold by the yard for a reasonable cost.

We are concerned citizens of the Valley as well. We are one of Ogden Valley’s largest employers with most of our employees living in the Valley. Doesn’t it make sense to have a local company provide this service and not a large company from outside the Valley? We are trying to help maintain the Valley’s beauty by providing this service.

If you have any questions or comments, please contact us at wedigourvalley@relia.net.

Sincerely,

Thom Summers
S & S Excavating, Inc.

Thursday, August 2, 2007

OGDEN VALLEY MANUFACTURING ZONE MV-2 ORDINANCE

CHAPTER 22-B

OGDEN VALLEY MANUFACTURING ZONE MV-2


22-1. Purpose and Intent
22-2. Permitted Uses
22-3. Conditional Uses
22-4. Site Development Standards
22-5. Sign Regulations
22-1. Purpose and Intent.

The purpose of the heavy manufacturing zone is to provide suitable areas that will accommodate the need for heavy intensity manufacturing, extractive and associated uses where the environmental impact upon community may be substantial and where public regulation may be necessary to preserve the general welfare of the community.

22-2. Permitted Uses.

1. Any permitted use in an MV-1 Zone

22-3. Conditional Uses.

The following uses shall be permitted only when authorized by a Conditional Use Permit as provided in Chapter 22-C of this Zoning Ordinance.

1. Any Conditional Use allowed in an MV-1 Zone

2. Public Utility Substations

3. Uses which follow, provided they are located at least 300 feet from any zone boundary, contain a minimum of ten acres in area, and have a 15 ft. landscape buffer planted with 6 ft. or larger evergreen trees around the area where the equipment and product are stored, or natural or geographic barrier provide that provide an adequate buffer. The trees shall be Canada Hemlock, Scotch Pines, Douglas Fir, or Blue Spruce. The trees shall be planted every 15 ft. on center. The evergreen shrubs shall be Junipers, Mugo Pines, or Spreading Yew. The shrubs shall be 36 inches high and there shall be 15 shrubs per 100 ft. There shall be five (5) canopy trees per 100 ft. These trees shall be, Maples, Linden, Quaking Aspens, Cottonless Cottonwood, Honey Locust, or Birch trees. These trees shall be a minimum of 2 inch caliper. This landscaping shall be planted when the property abuts agricultural or residential zones. Sound barrier walls shall be installed as part of any rock crushing or screening operation or similar uses. No more than two weeks of aggregate either to be crushed or finished product may be stock piled on site. A dust and noise mitigation plan needs to be submitted.

a. Recycling of material such as concrete, rocks, or dirt

b. Dirt and sand material screening

c. Rock crusher

d. Green waste that is used to make mulch

4. Dwelling unit for proprietor or employee, who also serves as night watchman, and their immediate family, provided that an additional 3,000 square feet of landscaped area is provided for the residential use. As a Conditional Use, the Township Planning Commission for the jurisdiction in which the application is made, shall have the discretion to approve either an attached or a detached dwelling, based upon the primary manufacturing use and architectural design to protect the noise levels and privacy of the residents.

22-4. Site Development Standards.

1. Minimum lot area None if connected to a public sewer, 20,000 sq. ft. otherwise.

2. Minimum lot width 100 feet

3. Minimum Yard Setbacks:

a. Front 30 ft. on streets of less than 80 ft. in width; 50 ft. on streets and highways of 80 ft. or more in width

b. Side none except 20 ft. where adjacent to a residential zone boundary and a side yard facing a street on a corner lot.

c. Rear none except 30 ft. where building rears on a residential zone

4. Building Height

a. Minimum one story

b. Maximum 35 feet

5. Lot coverage not to exceed 80 percent of the lot area buildings

Landscaping Per Chapter 18C, Architectural, Landscaping and Screening and item specific

22-5. Sign Regulations.

Per requirements of Chapter 32 B, Ogden Valley Signs.

OGDEN VALLEY MANUFACTURING ZONE MV-1 ORDINANCE

CHAPTER 21-B

OGDEN VALLEY MANUFACTURING ZONE MV-1




21B-1. Purpose and Intent
21B-2. Permitted Uses in an MV-1 Zone
21B-3. Conditional Uses in an MV-1 Zone
21B-4. Site Development Standards
21B-5. Sign Regulations
21B-1. Purpose and Intent.

The purpose of the MV-1, Ogden Valley light manufacturing zone is to provide suitable areas that will accommodate the need for light intensity type manufacturing and its associated accessory uses, some of which may have an environmental impact requiring public review and regulation.

21B-2. Permitted Uses.

1. Accessory uses and buildings customarily incidental to a permitted use.

Agricultural Implement repair

Animal hospitals

4. Carpenter shop, cabinet shop
Contractor’s Equipment storage yard, maintenance and repair

7. Printing, including engraving and photo engraving, blueprinting, photostating and duplication

Public and quasi-public uses

Warehouse, including storage units

21B-3. Conditional Uses.

The following uses shall be permitted only when authorized by a Conditional Use Permit as provided in Chapter 22C of this Zoning Ordinance.

Automobile repair, auto body and fender work, if conducted within an enclosed building

Cement batch plants with the following conditions:

The cement silo mixer shall not be larger than 200 barrel.

There shall be a 15 ft. landscape buffer with 6 ft. high earth berm planted with 6 ft. or larger evergreen trees. The trees shall be Canada Hemlock, Scotch Pines, Douglas Fir, or Blue Spruce. The trees shall be planted every 15 ft. on center. The evergreen shrubs shall be Junipers, Mugo Pines, or Spreading Yew. The shrubs shall be 36 inches high and there shall be 15 shrubs per 100 ft. There shall be 5 canopy trees per 100 ft. These trees shall be, Maples, Linden, Quaking Aspens, Cottonless Cottonwood, Honey Locust, or Birch trees. These trees shall be a minimum of 2 inch caliper. This landscaping shall be planted on the crest of the 6 ft. berm when the property abuts agricultural or residential zones.

There shall be no more than eight (8), trailers with up to 2 cubic yard capacity.

There shall be no more than forty (40) yards of sand and gravel mix stored on this site. The sand and gravel mix shall be stored in a three-wall bin and covered when not in use.

All cement product on site shall be stored within the silo.

At least 15,000 sq. ft. of the lot shall be dedicated for this use.

A detailed plan for the trailer washout area is required

3. Machine Shop

4. Public Utility Substations

5. Sign Painting Shop

6. Site leveling and preparation for future development.

7. Water storage reservoir developed by a public agency and meeting the requirements of Chapter 26 of this Zoning Ordinance

8. Wastewater treatment or disposal facilities meeting the requirements of the Utah State Division of Health, Code of Waste Disposal Regulations.

9. Welding Shop

10. Dwelling unit for proprietor or employee, who also serves as night watchman, and his/her immediate family, provided that an additional 3,000 square feet of landscaped area is provided for the residential use. As a Conditional Use, the Township Planning Commission, for the jurisdiction in which the application is made, shall have the discretion to approve either an attached or a detached dwelling, based upon the primary manufacturing use and architectural design to protect the noise levels and privacy of the residents. 2001-27

21B-4. Site Development Standards.

1. Minimum lot area None if connected to a public sewer, 20,000 sq. ft. otherwise.

2. Minimum lot width 100 feet of frontage on a dedicated road.

3. Minimum yard setbacks:

a. Front 30 ft. on streets of less than 80 ft. in width; 50 ft. on streets and highways of 80 ft. or more in width

b. Side none except 20 ft. where adjacent to a residential or agricultural zone boundary and a side yard facing a street on a corner lot.

c. Rear none except 30 ft. where building rears on a residential or agricultural use or zone .

4. Building Height

a. Minimum one story

b. Maximum 25 feet
Conditional Use Permit required if over 25 feet

5. Lot coverage 8,000 square feet or by Conditional Use Permit if proposal exceeds 8,000 square feet.

Landscaping Per Chapter 18C, Architectural, Landscaping and Screening and item specific

21B-5. Sign Regulations.

Per requirements of Chapter 32 B, Ogden Valley Signs.

Friday, July 27, 2007

Powder Mountain Rezone letter from Kimbal Wheatley (continued)

No request to increase overall Valley density has been approved for many years. Until the legal, precedent-setting implications of approving the PM request are well understood, no action should be taken. It is quite likely that awarding additional density to Powder Mountain will open the floodgates for similar requests that will be difficult to deny (because of precedent) and turn an 18,800+ unit problem into a 30,000 unit problem.

Below are basic questions as well as detail for the conclusions I reached:

Discrepancies in the fundamentals – until various inconsistencies are understood and resolved, no one can really decipher the true density impact of the PM proposal.
1. There are huge discrepancies between the “existing zoning” acreage in the Powder Mountain (PM) “density tables” and the analysis in the Recreation Element of the General Plan (RE). Either BioWest or PM (or both) are wrong in computing base density by zone.
2. The zoning maps in the planning office show no FV-3 zones in the PM project area, but the PM “existing zoning” table shows 582 acres.
3. There are also huge discrepancies between the build-able acreage computations in the PM proposal and RE.
4. Existing zoning density claimed in the FR-3 zone doesn’t match up with the requirements in the FR-3 ordinance. PM claims existing density in FR-3 of 20 units per build-able acre. However, FR-3 requires 6,000 square feet for single family and 7,500+ for multi-family (plus 2,000 ft per unit in excess of two). This means the maximum density in this zone is 7.26 units/acre for single family, 11.62/acre for two-family, 15.15/acre for 4-plex, and 17.87/acre for 8-plex. Even 16-plex buildings don’t reach the 20 units/acre.
Missing critical information – rationale and assumptions underlying the PM request must be complete to properly consider the proposal.
5. The PM proposal provides no justification for the bonus densities indicated in their density tables. Their “existing zoning” density is based on bonuses of 20% in F40, 30% in FR-3, and 30% in FV-3. In their “proposed zoning” table, the F40 bonus is computed at 20% and FV-3 at 25%. The RE tables for PM indicate 0% bonus in FV3 zones. Justification must be provided for any bonus assumptions.
6. Only about half of the PM property in the RE analysis is included in the PM proposal. This leaves 4,259 acres in an unknown. Perhaps PM intends to propose another 2800 units on this property…or maybe they will place it into open space. In any case, an honest master plan must include the other half of their holdings.
7. The PM proposal only shows a few units in Cache county, but there is reason to believe the Cache county portion is much larger. Since 100% of the traffic will end up traversing Ogden Valley, the impact of the proposal cannot be understood until the whole project is understood, regardless of the county it is located in.
8. The PM proposal requests their CVR-1 acreage be increased from 24.8 to 125 acres, increasing units in this zone from 350 to 1940 units plus commercial space. The square footage of commercial space proposed must be included.

Thank you for considering my views.

Kimbal L. Wheatley, East Huntsville

Thursday, July 26, 2007

Powder Mountain Rezone Request

(continued)

It should be noted that the Powder Mountain developer had significant input into the content of the draft Recreation Resort Zone Ordinance. Powder Mountain has stated that any delay in the Weber County Planning process involving approval of the new ordinance should not delay their request for the rezone any longer.

The VCRD disagrees, we believe the worst scenario for our Valley is for the Ogden Valley Planning Commission or Weber County Commission to approve a precedent setting rezone that could undo much of the ongoing density planning efforts, and negatively impact the future look and character of Ogden Valley. Any increase in density (dwellings) will negatively impact the road traffic, air quality and water usage in Ogden Valley. This rezone petition should not be approved without extensive and thorough examination of the long term ramifications of such a zone change.

If Powder Mountain’s request for a rezoning is approved, that action could open the flood gates for other resorts like Wolf Creek, Snow Basin, and all other resort developers to petition the Commission for similar rezoning. This could be a disaster for the overall density plan in Ogden Valley.

We urge all Ogden Valley residents to write or call the Ogden Valley Planning Commissioners before the August 1st hearing asking them to deny this rezone request for Powder Mountain.
E-mail, call or write your OVPC commissioners so that your opinion reaches the commissioners before August 1.

Their addresses are:Ogden Valley Planning Commission (OVPC)

E-mail:You must write your e-mails to the planning clerk e-mail address and instruct her to give each Commission member a copy.

Her e-mail address is: ssillito@co.weber.ut.us

Regular Mail or Hand Delivery:Your comments may also be mailed or hand delivered to:

Ogden Valley Township Planning Commission Office
Attention: Sherri Sillito, Planning department
2380 Washington Blvd.
Ogden, UT 84401.

Include instructions to distribute your letter to all Ogden Valley Planning Commission members before the August 1st hearing.

Telephone:

Sherri Sillito 801-399-8791

Remember to include your Name, and Address so they know who you are and to eliminate the possibility that your e-mail or letter would be discarded.

Valley Citizens For Reasonable Development(VCRD)

Wednesday, July 25, 2007

Ogden Valley Township Planning Commission Meeting Agenda July 25, 2007

Consent Agenda items

A. Conditional Use permit CUP #15-07 Site plan approval for Ogden Pineview Yacht Club addition located at approximately 990 N Highway 158

B. Final approval - Carter Brothers subdivision located approximately 5700 E 2500 N, 1 lot

C. Final Approval - Watts Estates Subdivision at approximately 5750 N 2995 E., Liberty, 1 lot

Regular Agenda Items

1. Conditional use permit CUP #16-07 Site plan approval for Wolf Creek Reception Center/ Athletic Center Parking Lot located at approximately 3923 N Wolf Creek Drive

2. Final approval - Sundance Ridge subdivision located at approximately 5515 E. Snow Basin Road, 4 lots

3. Preliminary approval - Sage Glen Cluster Subdivision, 85 lots, in Five Phases located at approximately 3100 E 5500 N, Liberty
*Note: Public comment has been taken on this item and discussion/and or action will only be made by the planning commission members at this point

4. Preliminary approval - Aspen Ranch Clustered Subdivision located at approximately 8800 E & 1300 S, 3 lots

5. Preliminary approval - Moose Mountain Estates Cluster Subdivision Phase 1 located at approximately 2400 N & 4500 E, 47 lots

6. Preliminary approval - Eden Valley ranch subdivision located at approximately 5100 E. 2800 N, 25 lots

7. Preliminary approval of Elk Shadow Subdivision located at approximately 5700 E & 2500 N, 5 lots

8. Adjourn


There will be a pre meeting conference at 4:00 PM in the commission chambers conference room

Thursday, March 22, 2007

Treatment plant gets approval

BY REBECCA PALMER
Standard-Examiner staff rpalmer@standard.net


OGDEN — The Ogden Valley Planning Commission approved a conditional-use permit for construction of a sewage treatment plant at 8150 E. Highway 39, but it tabled a petition for a culinary water reservoir that would serve the same proposed subdivision.

The votes came after extensive public comment and discussions with county planning staff, developers and engineers in a marathon five-hour meeting Wednesday.

Concerns raised echoed those brought up during the preliminary process for the Bison Creek Ranch subdivision, and included issues such as odor, noise, increased traffic and environmental protection. The subdivision was given preliminary approval at a Feb. 28 meeting.

Huntsville resident Robin Roberts, who lives and farms near the proposed development, said she felt the planning commission had reached a compromise. It was commissioners’ only choice, she said, after they took into account the many and disparate needs of community members.

Some of the of people who attended the Wednesday night meeting in protest were only concerned about themselves and their backyards, she said, but most had the bigger picture of the valley community in mind.

About 70 people attended Wednesday’s meeting.

The vote for the sewage treatment plant was unanimous among the six members present. Commissioner Sharon Holstrom was absent. The commissioners who voted in favor of granting the permit were Jim Banks, Gary Allen, Louis Cooper, Keith Rounkles, Verl Creager and Greg Graves.

About 150 homes that would be built as part of the Bison Creek Ranch subdivision would use the new sewage system, as would about 25 homes that are part of the proposed Trapper’s Crossing plan and 50 others that are part of the Rivers plan. All are located near Highway 39 northeast of Huntsville.

The proposed sewer plant is similar to one slated to be built in Wolf Creek, and engineers and developers told the commission it uses membrane bioreactor technology, which is the best and cleanest technology available.

It is planned to be housed inside a metal structure covered with wooden planks and engineered to look like a barn. Developers hope to deconstruct a barn that sits near the proposed site and use some of the materials to build the new structure.

Once built, Weber County will act as the governing body for the sewage plant. Its duties will include monitoring and servicing the plant and assessing fees for its use. In the future, the county, or a sewage district it appoints, may assess taxes to current residents for the sewage service, said county attorney Monette Hurtado. The district could require residents now using septic tanks to hook up to the new system.

Part of the commissioner’s motion to approve the sewage system included a scaling down of the plant size. In the proposal, it would have been able to handle 750 connections, but commissioners decided to approve it at only 225, which is about the number of homes planned for the area.

The vote to table the conditional-use permit for the culinary water reservoir passed 4-2. Creager and Banks cast dissenting votes.

It was proposed as a concrete structure that would be placed into an existing knoll and then re-covered with topsoil and grasses that had been removed. A gravel private drive leading to the plant, an access point and a vent will be the only visible signs of the water reservoir, developers and planning staff said.

Commissioners and residents in attendance were concerned that the gravel path in the plan went around the hill before leading to the access. They wanted a more direct route with “less visual impact,” so they asked developer Destination Eden and its representative Barry Swartz to return to the commission with such a plan.

Commissioners also asked Swartz and his company to find ways to retain sagebrush in the area so wildlife that live there would not lose their homes.

In response to criticisms that the county planning staff and Swartz were not adequately prepared for the meeting, City Planner Sean Wilkinson said his office was simply responsible for reviewing proposals as to whether they met ordinances. In this case, his office had done that, he said.

Wilkinson added that his office encourages public input in the planning process. He met with three or four community members concerning Bison Creek Ranch and received e-mails from others, he said, and his office often holds public meetings.

The next step for the water retention plant is to make changes commissioners suggested and return for approval or, rather, to appeal to the Weber County Commission.
The next step for the sewage plant is to proceed with designing and obtaining necessary permits until developers are prepared to petition for final approval. The petition will then move to the county commission.

Pictures of the area to be developed under the Bison Creek Ranch plan are available on the Destination Eden Web site at http://www.destinationeden.com/index.html.

Staff reports and the minutes of public meetings are also available to the public at Weber County Planning Offices on the first floor of the Weber Center, 2380 Washington Blvd.