HomeMy WebLinkAbout20111636.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 11, 2011
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, July 11, 2011, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of July 6, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on July 6, 2011, as follows: 1) USR #1778 — Ed Orr, do Jim Roth. Commissioner
Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
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PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN RESOURCES - ANNE PENNINGTON:
Patti Russell stated Ms. Pennington started working for the County on August 16, 1982, and joined the
Department of Human Resources in March, 2010. Ms. Russell stated during the past year and a half
Ms. Pennington has proven herself to be a dedicated, loyal, knowledgeable, sweet, and fun individual
who is greatly appreciated. Chair Kirkmeyer read the certificate into the record recognizing Anne
Pennington for 29 years of service with Weld County. Ms. Pennington stated she plans to spend her
retirement enjoying her hobbies and taking care of some personal needs. Commissioner Rademacher
wished Ms. Pennington well in her future endeavors and offered to stay in touch to provide continued
access to his surplus vegetables. Commissioner Garcia stated Ms. Pennington has always been a fun
individual and shared some fun memories of his time working with her. Commissioner Long stated Ms.
Pennington always brought a smile, set a good tone in the office, and shared her good humor and fun
personality with those around her. Commissioner Conway thanked Ms. Pennington, on behalf of the
citizens of Weld County, for a job well done and for making everyone feel welcome; she will be greatly
missed by her co-workers. Chair Kirkmeyer agreed with all of the previous sentiments and urged Ms.
Pennington to go out and have some fun.
BIDS:
APPROVE BID #61100101, DUST SPRAY SYSTEM — DEPARTMENT OF PUBLIC WORKS: Monica
Mika, Director, Department of Finance and Administration, stated the Department of Public Works
recommends approval of the sole bid from Envirotech Services, Inc., in the amount of $63,578.57. In
response to Commissioner Rademacher, Ms. Mika stated the bid was sent to five vendors; however,
only one responded. Pat Persichino, Director, Department of Public Works, explained due to all of the
recent activity in the area, the County is fortunate to have received even one vendor who is available to
provide the requested service. Commissioner Long moved to approve said bid, as recommended by
staff. Commissioner Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FRYE FARM INVESTMENTS,
LLC: Chris Woodruff, Assessor, stated the petition is regarding the South Hill Subdivision for multiple
parcels with various uses. He explained most of the issues have already been addressed or withdrawn
from the 2008 petition, due to a previous protest on the property. He stated the only remaining issue to
be considered is a large tract of undeveloped land. He stated it was not part of the protest in 2008 and
is eligible for abatement, staff has inspected the property more than once, and it is classified as vacant
undevelopable land. Mr. Woodruff stated that same parcel is also included in the petition for tax year
2009, as well as 34 lots which were previously valued as flooded/irrigated. He stated the 34 lots total
6.8 acres; staff found no evidence of agricultural use; and the value was set at $25,000 an acre, per lot,
based on three comparable rural vacant raw land sales. Lastly, the petition also included four other
parcels which were listed as flood-irrigated, and staff agreed to reclassify them as dry farmland and
adjusted the value accordingly. Mr. Woodruff stated the petition reflects no change for 2008, and he
read the recommended values for tax years 2009 and 2010 as shown on the petition.
Leonard Wiest, Water Valley Land, and Mike Sampson, agent, expressed agreement with staffs
recommendation, with the exception of the value for the 34 lots. Mr. Wiest stated the lots are reflected
on a recorded plat; however, there is no infrastructure in place at this time. He explained part of the
area is waste land situated along the bluffs overlooking the Water Valley development in Windsor,
Colorado, and the remainder is actively farmed as dry land. He stated the farming operation was
changed to dryland after the new County Road 17 alignment was completed, since there is no water
conveyance structure across the road. Mr. Sampson stated the 34 lots should be valued at the same
amount as the other parcel ($450 per acre) which has the same use and access. In response to
Commissioner Garcia, Mr. Wiest stated a portion of the 34 lots are farmed as part of a dryland lease;
however, the back sides of the lots are wasteland adjacent to the bluffs, and he hopes to develop the
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area in the future when the economy improves. Responding to Commissioner Long, Mr. Sampson
stated the 34 lots comprise a total of 6.8 acres, ranging in size from 0.2275 to 0.1772 acres. He stated
staff has the property valued at $257,400, or approximately $25,000 per lot; however, if the value were
set at $450.00 per acre, the total value for all 34 lots would be around $25,000. Mr. Sampson stated it
is common for developers to complete the lengthy planning phase on a property while leaving it in
agricultural production until actual development is feasible. Responding further to Commissioner Long,
Mr. Wiest stated the agricultural activity is a historical use, and Mr. Sampson stated staff initially
indicated agreement with classifying the site as waste land, although there is an irrigation ditch
structure, fencing, and silage pit.
Dee Kayl, Appraiser, stated the 34 lots are classified as raw land with no development, and she did not
find evidence of active agricultural production. She referred to photographs and maps in the submitted
packet, marked Exhibit A, showing the visual difference between the dryland farming area and the
subject lots, and she explained normal considerations for a "waste" classification include soil class, oil
wells, or bodies of water. Responding to Commissioner Garcia, Ms. Kayl stated the steep incline is
deemed unbuildable and valued at $450.00; however, the 34 lots are buildable. In response to Chair
Kirkmeyer, Ms. Kayl stated a buildable lot has the capability to add roads/sidewalks and construct
buildings; however, since there is currently no infrastructure, the lots have been classified as raw land
with comparables. Responding to Commissioner Rademacher, Mr. Sampson stated the pictures in the
petition were taken last fall, and he explained it may be capable of development in the future; however,
at this time it is waste or part of the adjacent agricultural land.
In response to Commissioner Long, Mr. Woodruff stated the economic downturn has resulted in a
significant amount of platted lots in dormant subdivisions, and he confirmed they are classified as
agricultural if there is evidence of active agriculture taking place. However, if there is no agricultural
activity, then they are valued as vacant raw land with comparables for the period. He stated the
$450.00 per acre is only on the non-buildable land along the bluff slope. Responding further to
Commissioner Long, Mr. Woodruff explained agricultural land is an affirmative use, and a site does not
default back to agricultural land; it defaults back to vacant land. He further stated the site has not been
classified as agricultural, since staff was unable to ascertain a continued agricultural use, no lease
information was provided, nor was there complete fencing to indicate pasture use. Mr. Sampson stated
there are roads which cross the subject area, which are part of the adjacent dryland farming, and he
indicated the comparables may not be exactly the same. Mr. Wiest stated this parcel is less than
agricultural because it does not generate income; rather it supplements the agricultural portion which
can be farmed. In response to Chair Kirkmeyer, Mr. Wiest stated there is no active lease for the 34
parcels because they were broken off from the overall agricultural parcel during the zoning phase;
however, they are related to the lease because the lessee has access to the ditch. Responding to
Commissioner Conway, Ms. Kayl stated there is only partial fencing, and since the site is not
completely enclosed, it cannot be considered as pasture land. Mr. Wiest confirmed the fencing, ditch,
and silage pit were part of past agricultural operations, and Mr. Sampson clarified they are not arguing
the parcels should be classified as agricultural land; rather, they believe the lots should be classified as
unbuildable since there is no infrastructure and valued at $450.00 per acre. In response to
Commissioner Long, Mr. Woodruff reiterated the classification of agricultural is designated when there
is evidence of an active farm or ranch, even if it is platted; however, if there are platted lots and no
longer an affirmative agricultural use, the parcel is then classified as vacant land. Responding to
Commissioner Conway, Mr. Wiest stated the lease is for 205 acres, and he allows the use of the 34 lots
and ditch.
Commissioner Rademacher moved to approve, in part, and deny, in part, the petition, as recommended
by staff. The motion was seconded by Commissioner Garcia. Commissioner Conway stated the
testimony indicates the 34 lots are part of a current farming operation and he does not support the
motion. Commissioner Long stated although the site does not generate agricultural income at this time,
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he believes the Board should work to find a compromise and will be voting against the motion.
Commissioner Rademacher agreed that if the photographs had provided evidence of an active
agricultural operation, he would have considered the adjustment. Upon a call for the vote, the motion
carried three to two, with Commissioners Conway and Long opposed.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SHARON MORRISON TRUST:
Mr. Woodruff stated the tax agent did provide some information; however, staff considered the fact that
the subject property did sell in the base year of 2007, and the income approach supports staff's value.
He stated the tax agent agreed with the original valuation and indicated he did not intend to appear or
dispute the matter. No public testimony was offered concerning this matter. Commissioner Conway
moved to deny said petition, as recommended by staff. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - CLARA CHONG: Mr.
Woodruff stated these petitions are for two parcels, Schedule R4238006 and R4238106, for tax years
2009 and 2010. He stated staff reviewed market comparables for both parcels and, following
discussion, the tax representative indicated agreement with staff's recommendation. No public
testimony was offered concerning this matter. Commissioner Garcia moved to deny said petitions, as
recommended by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
CONSIDER ACCEPTING ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER
PROTEST LOG - REAL AND PERSONAL PROPERTY: Mr. Woodruff submitted a Memorandum and
summary sheet, marked Exhibit A, which he reviewed for the record. He stated Vacant, Residential,
and Commercial classes continued reflecting reductions; however, the Industrial class experienced an
increase due to the completion of some new industrial facilities, specifically, Vestas in Brighton, and
Leprino Foods in Greeley. Mr. Woodruff stated there was also a positive shift in the Agriculture class,
due, in part, to the increase in commodity prices, and some adjustments to the valuation of dry land. He
stated the Natural Resources and Oil and Gas classes have both increased, due to a significant
increase in production, although there might be a moderate adjustment following negotiations with DCP
Midstream on the value of a pipeline. He further stated he will not have the State Assessed class
numbers until August, which he will provide in the certification on August 25, 2011. Mr. Woodruff stated
he anticipates a sixteen percent (16%) increase in the overall tax base for Weld County, which will help
certain special districts that contain oil and gas, although those with limited oil and gas may encounter
some budgetary difficulties. He stated he will also be meeting with the Fire Districts next week to
provide some forecasting, as he does not believe Weld County has seen the full impact of the oil and
gas boom. In response to Commissioner Long, Mr. Woodruff stated the Fire District meeting is
scheduled for Wednesday, July 20, 2011, at 6:30 p.m., and there will be a separate meeting with the
Mountain View Fire Protection District on Monday. As a matter of information, Mr. Woodruff stated the
Assessor's Office processed 4,445 real property tax protests, they adjusted 1,947, denied 2,598, and of
the 697 total personal property appeals, they adjusted 216, and denied 481. He mentioned there were
also 1,141 property owners who did not file their personal property schedules and staff will be working
with them on an individual basis. Mr. Woodruff stated the total assessed value for Weld County is
$5.448 billion, with $37 million which will be certified in August. Commissioner Garcia moved to accept
the assessed valuation, as presented. The motion, which was seconded by Commissioner Conway,
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 32 BETWEEN CRS 35 AND 39: Janet Carter,
Department of Public Works, requested approval of the temporary closure of County Road 32, between
County Roads 35 and 39, commencing July 18, through August 5, 2011, for a bridge rehabilitation
project. She stated the average daily traffic count on County Road 32, taken in 2010, was
approximately 1,140 vehicles, and staff will utilize message boards to notify the public and apply
Minutes, July 11, 2011 2011-1636
Page 4 BC0016
magnesium chloride on the detour route for dust control. Commissioner Rademacher moved to
approve said temporary closure. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF ELDER AVENUE BETWEEN EAST 16TH STREET AND
EAST 18TH STREET: Ms. Carter requested approval of the temporary closure of Elder Avenue,
between East 16th Street and East 18th Street, which was closed from July 1, through July 6, 2011, on
an emergency basis due to a damaged gas line. She stated Elder Avenue is a residential roadway with
an average daily traffic count of 106 trips per day, and the detour route is paved. In response to
Commissioner Rademacher, Steve Detienne, Department of Public Works, explained the gas line was
nicked by a loader during an excavating project, the damage was repaired by Atmos Energy, and the
road was re-opened and sprayed last Friday. Commissioner Rademacher moved to approve said
temporary emergency closure. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENTS FOR CERTAIN IMPROVEMENTS
TO CR 17 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BENNETT AND EMMA
HOUSTON: Leon Sievers, Department of Public Works, stated this is the only parcel along the County
Road 17 project, and the Houstons own the parcels on both sides of the road, located south of County
Road 34. He stated under this agreement the County will acquire a 240-square-foot easement, in the
amount of $500, as well as two temporary construction easements, in the amount of $300.00. He
stated the property owners are willing participants and the total compensation is $800.00.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign all
necessary documents. The motion was seconded by Commissioner Conway, and it carried
unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works/VVeed and Pest Division, requested approval
for entry upon various lands for weed control, as required by state statue and the Weld County Code.
Commissioner Garcia moved to approve said entry as recommended by staff. Commissioner Conway
seconded the motion. In response to Chair Kirkmeyer, Ms. Booton stated there is a cost share
program, which provides 50 percent of the cost, up to a maximum of $500.00, on a first come, first
serve basis. There being no further discussion, the motion carried unanimously.
CONSIDER REQUEST TO EXTEND TERM OF INTERGOVERNMENTAL AGREEMENT FOR A
JOINT SCHOOL RESOURCE OFFICER PROGRAM: Alan Caldwell, Sheriff's Office, stated Weld
County, the St. Vrain Valley School District, and the Town of Mead previously entered into an
agreement for a joint school resource officer, in the amount of $66,938.00, which is split 50/50 between
the School District and the Town of Mead. Mr. Caldwell stated the current value does cover all costs,
the terms of the original agreement stipulated it could be extended, with prior approval by the Board of
Commissioners, and the other parties have already signed, acknowledging their support of the
extension. Commissioner Conway moved to approve said extension request. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
AMERICAN BULL FIGHTING ASSOCIATION: Janet Konkel, Fair Coordinator, submitted a Fair
brochure and schedule of events to each of the Commissioners. In response to Commissioner
Rademacher, Mr. Barker confirmed the necessary insurance is in place for each of service providers.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
Minutes, July 11, 2011 2011-1636
Page 5 BC0016
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
NORTHERN COLORADO DRAFT HORSE ASSOCIATION: Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SLIDIN'
DAZE: Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN — IGX: In
response to Commissioner Rademacher, Ms. Konkel stated this company provides interactive screen
games, all Fair participants may use them for free, and they will also be sponsoring a Wii bowling
tournament on Senior Day. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO GARDEN TRACTOR PULLERS ASSOCIATION: Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Garcia, and it carried unanimously. Ms. Konkel stated Brad Yatabe, Assistant County Attorney, has
been very helpful assisting in the review of the agreements, and there will be three more coming for
Board approval. She reviewed various activities that are planned throughout the Fair, including, but not
limited to, a fiddle fest, free BBQ, parade, award ceremonies, and the Weld County 1501h Road Show
will be displayed at the Fair. Ms. Konkel stated the entry deadline was last Friday and the number of
entrants is up from prior years. In response to Commissioner Conway, Ms. Konkel stated the times for
Vet checks is published in the front of the Fair Catalog, the Fair Board President is scheduling the
veterinarians who are willing to participate, all horse entries will have to come in with a health certificate
ten (10) days prior to the show, and there are no remaining restrictions from the equine herpes
outbreak.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED
FOR AUGUST 8, 2011: Commissioner Rademacher moved to cancel the meeting scheduled for
August 8, 2011, to help accommodate the move of the County administrative offices to the new
building. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- KATHERINE MESTAS: Commissioner Conway moved to approve the appointment of Katherine
Mestas as Deputy District Attorney and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 11, 2011 2011-1636
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: j =-rr ;• �� t l� 4 / i u
rbara Kirkmey=r, Chair
Weld County Clerk to the B
� � #Rs � •ean •. C4'way, Pro-Tem
BY:
Deputy Clerk to the Board
Will rciaf
APPROVED AS TO FORM: fo
avid E. Lon
Coun ttorney
ougla? adema her
Minutes, July 11, 2011 2011-1636
Page 7 BC0016
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