HomeMy WebLinkAbout20100679.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 5, 2010
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, April 5, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 31, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on March 31, 2010, as follows: 1) AmUSR #1679 — JLW Investment, LLC. Commissioner
Conway 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 Long moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL PUBLIC HEALTH WEEK - APRIL 5-11, 2010: Chair Rademacher read the certificate into
the record, proclaiming April 5-11, 2010, as National Public Health Week.
Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, thanked the Board for
the Proclamation, its support, and its leadership, and he stated he is excited to be able to recognize
numerous individuals and agencies as Public Health Champions each year. Dr. Wallace stated there
was a short presentation and breakfast was served at the Department of Public Health and
Environment earlier this morning, in order to recognize the Public Health Champions. He introduced
the Public Health Champions who were in attendance, which were Nancy Culbreath, First Steps; Barb
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Francisco, Nurse Family Partnership; Cynthia Werner, Hospice and Palliative Care of Northern
Colorado; and Bob Swope, North Colorado Medical Center's Palliative Care Program. He stated
Ms. Werner and Mr. Swope prepared an end of life care plan, which has become a model utilized at the
State and National levels, and the Department is honored to have this level of expertise and
commitment in Weld County. Dr. Wallace also recognized Susan LaBonde, Weld County School
District 6 Nurse, and Weld County Garage, both of which were not in attendance. He stated Weld
County Garage has been a critical part of an ongoing program named Drive Smart Weld County, which
educates teenaged drivers, by volunteering its staff time. Commissioner Conway thanked
Ms. Culbreath, Mr. Swope, and Ms. Werner for their contributions to the community, he stated he was
impressed with them at the presentation ceremony this morning, and Weld County is honored and
blessed to have them. Commissioner Long concurred with Commissioner Conway, and he thanked
Ms. Culbreath, Mr. Swope, and Ms. Werner for developing plans for all the potential situations they
have conceived of and for serving the public well. Commissioner Kirkmeyer concurred with
Commissioners Conway and Long, and she thanked Weld County staff for working with the public and
the community agencies in order to conduct the programs.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1000075, 2010 ON CALL SERVICES FOR EROSION CONTROL AND
REVEGETATION - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and
Administration, stated six (6) vendors submitted bids and she will investigate the reason for the large
differences between the bid amounts for the approval date, which is April 19, 2010. Commissioner
Garcia stated he wants to examine how the engineer estimates are determined, since the estimates
have been higher than the actual costs over the last couple of years. Ms. Mika stated she will research
the matter; however, traditionally, the engineer estimates have been based on the cost of the prior
year's projects, which accounts for most of the lower costs over this past year, since the market is
currently very competitive.
OLD BUSINESS:
CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - DOM AND ANA KICKBUSH
(CON'T FROM 3/29/10): Christopher Woodruff, Assessor, thanked the Board for continuing this matter
for one (1) week, in order to allow him time to research the staff recommendations. Mr. Woodruff
stated he will first address the petition for the years 2007 and 2008, which utilizes data from the years
2005 and 2006; the petition is regarding vacant land located within the Town of Frederick which was
incorrectly combined with other properties along the 1-25 Frontage Road when it was assessed. He
stated the property was originally assessed at $592,500.00, it was sold for $350,000.00 in the year
2005, and staff has determined the appropriate value for the property is $375,000.00; therefore, he
recommends approval of the petition for Tax Year 2008, in the amount of $5,458.43. He stated
ordinarily the law would prevent the petition for 2007 from being approved, since the property owner
protested the assessment and did not present the matter to the County Board of Equalization; however,
there was a case within Boulder County in which the adjustment was corrected for the second year, the
Board of Assessment Appeals adjusted the value for both years, even though the property owner had
protested the second year, and in this situation, it is appropriate to adjust the 2007 value to
$375,000.00. Mr. Woodruff stated the matter will still be considered by the Tax Administrator who may
object since the assessment for Tax Year 2007 was protested. He stated the petition for Tax Year
2009 is based on data from 2007 and 2008, the value was raised from $375,000.00 to $444,375.00,
which he has determined to be an appropriate value; therefore, he recommends denial of the petition
for Tax Year 2009. In response to Commissioner Kirkmeyer, Mr. Woodruff clarified the amount of the
refund he is recommending for Tax Year 2007 is $4,941.82. In response to Commissioner Conway,
Mr. Woodruff confirmed the value for Tax Year 2009 was determined by utilizing 2008 comparable
values for properties around the Town of Frederick, and the property is approximately 40 acres in size.
Minutes, April 5, 2010 2010-0679
Page 2 BC0016
Commissioner Kirkmeyer moved to approve said refund for Tax Years 2007, in the amount of
$4,941.82, and 2008, in the amount of $5,458.43, and deny said petition for Tax Year 2009, based on
staff's recommendations. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MELISSA BLOOMFIELD:
Mr. Woodruff stated staff mistakenly selected the wrong code on the computer when entering the data
for this property, which resulted in a two-story residence being mistakenly assessed as a commercial
parking lot and a 29 percent assessment rate being assessed, as opposed to the appropriate rate of
7.96 percent; therefore, he recommends a refund in amount of $7,283.44 for Tax Year 2009.
Commissioner Conway moved to approve said refund, in the amount of $7,283.44, based on staff's
recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — GREELEY PLAZA, LLC:
Mr. Woodruff stated this petition is regarding a property the State is leasing for the Public Defender's
Office, and according to House Bill 2008-1395, the State is required to notify the Assessors of all of its
leases and it notified the Weld County Assessor's Office regarding approximately 25 leases; however,
the State failed to notify the Office regarding this piece of property until after the tax bill for the year
2009 had been issued. He stated House Bill 2008-1395 made buildings being leased by the State tax
exempt, even if the State does not intend to purchase the property. In response to Commissioner
Conway, Mr. Woodruff confirmed the property owner is aware of the situation and the money will be
refunded to the owner, since the owner is responsible for paying the taxes for the property.
Commissioner Conway moved to approve said refund, in the amount of $17,188.55, based on staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MILE HIGH BANKS:
Mr. Woodruff stated this petition contains six (6) schedule numbers; R4196606, R4655707, R4655807,
R4655907, R4656307, and R4656507. He stated R4196606 is a piece of vacant land which was
valued at $3.00 per square foot; however, the present worth had not been applied to the vacant land.
He stated the other schedule numbers are commercial warehouse condominium units which were
initially valued at approximately $95.00 per square foot; however, it was determined the appropriate
value is $60.00 per square foot; therefore, approval of the petition is recommended, for a total refund in
the amount of $11,855.75 for Tax Year 2008. Commissioner Long moved to approve said refund, in
the amount of $11,855.75, based on staff's recommendation. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 386 - CERVI
ENTERPRISES, INC.: Leon Sievers, Department of Public Works, stated the landowners petitioned
the County to construct this portion of County Road 386, between U.S. Highway 34 and the northwest
portion of the Town of Roggen, in the year 1916, and in the 1940s a portion of the original roadway was
removed; however, another portion of the road was constructed further to the south and to what is
presently 1-76. Mr. Sievers stated in the year 1954, the County purchased the right-of-way for the
current location of the road; however, after construction of the road was completed, this portion of the
former roadway was never vacated, and it should have been vacated at that time; therefore, this
petition is to vacate the unused portion of roadway, in order to allow the owner to clear the title to the
property. He stated no properties will be left landlocked by the road vacation and there are no utilities
in the abandoned right-of-way. In response to Chair Rademacher, Mr. Sievers stated the Department
of Public Works supports the road vacation.
In response to Commissioner Long, Mr. Sievers stated the portion of the road on the petitioners'
property has not been maintained since the year 1954; however, the remainder of County Road 386
Minutes, April 5, 2010 2010-0679
Page 3 BC0016
continues to be maintained by Weld County. He stated a remaining portion of the abandoned roadway
serves as the driveway to Cervi Enterprises, Inc.
In response to Commissioner Kirkmeyer, Mr. Sievers confirmed all of the affected property is owned by
either Cervi Enterprises, Inc., or the State of Colorado, and if the petition is granted, the portion of the
roadway which is on the State of Colorado's property will then belong to the State. Further responding
to Commissioner Kirkmeyer, Mr. Sievers stated he does not know how much the right-of-way cost the
County in the year 1954; however, it would currently cost approximately $1,000.00 per acre to purchase
it. In response to Commissioner Conway, Mr. Sievers clarified the County purchased this portion of
roadway in the year 1954, and the road was petitioned for, and granted, in the year 1916.
Commissioner Kirkmeyer stated she would like to know more about the portion of the roadway which is
on the State of Colorado's property, since the County may need to negotiate with the State regarding
similar matters in the future.
Bruce Barker, County Attorney, stated the State statute does not allow for negotiation on this type of
matter; there is a petition process, and the Board may grant or deny the petition; however, no
negotiations, nor trades, may occur.
In response to Chair Rademacher, Mr. Sievers confirmed the abandoned roadway is not in use;
however, Mike Cervi, Cervi Enterprises, Inc., may use portions of it to access his ranch. Chair
Rademacher stated he is usually opposed to vacating roads; however, he does not have an issue with
granting this particular petition. Commissioner Long stated other requests have sometimes been in
remote areas; however, there was the potential for some type of use in the future, or multiple property
owners were involved; however, he does not see a problem with granting this particular petition.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Commissioner Garcia moved to approve said petition, authorizing the vacation of a portion of County
Road 386. Commissioner Long seconded the motion. In response to Commissioner Conway,
Mr. Barker stated the Board does not have to approve the petition for the entire portion of roadway; it is
able to vacate just the portions owned by Cervi Enterprises, Inc., and not vacate the State's portion.
Commissioner Conway stated he does not want to vacate the State's portion of the roadway, since he
is worried about unintended consequences.
In response to Commissioner Long, Mr. Sievers stated there is no easement for Cervi Enterprises, Inc.,
to be able to utilize the portion of its driveway which is located on the County right-of-way.
Commissioner Long stated if the Board vacates this portion of roadway, Mr. Cervi will not have any
right to the driveway, since it is on property owned by the State. Mr. Sievers stated that Mr. Cervi owns
the surrounding properties; therefore, he has access from other routes, and Mr. Cervi likely has an
agreement in place with the State to utilize the driveway, since both the State and Mr. Cervi desire the
vacation and have been working together regarding the matter. Commissioner Kirkmeyer stated that
Mr. Sievers previously indicated Mr. Cervi enters his property from the southern side of the property;
therefore, he does not need to cross the State's property. Chair Rademacher stated the State would
have notified the Board in writing, or had a representative attend the hearing, if it was opposed to any
part of the petition for vacation. There being no further discussion, the motion carried four (4) to
one (1), with Commissioner Conway being opposed. In response to Mr. Barker, Chair Rademacher
confirmed the motion was for the entire portion of the roadway in the petition to be granted.
CONSIDER TEMPORARY CLOSURE OF CR 84 BETWEEN CRS 21 AND 23: Janet Carter,
Department of Public Works, stated the closure will commence April 12, 2010, through April 16, 2010,
in order to replace a culvert, and the average daily traffic count for County Road 84 is 70 vehicles,
Minutes, April 5, 2010 2010-0679
Page 4 BC0016
according to a count conducted in the year 2008. Ms. Carter stated water will be utilized for the gravel
portions of the detour route, and road signs and barricades will be utilized to advise drivers of the
closure. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 53 BETWEEN CRS 52 AND 54.5: Ms. Carter stated
said closure will commence April 12, 2010, through April 23, 2010, in order to replace a culvert and
perform improvements to a drainage ditch. She stated the traffic count for County Road 53 is 445
vehicles, according to a traffic count conducted in the year 2007, magnesium chloride will be utilized for
dust abatement on the gravel portion of the detour route, and message boards, road signs, and
barricades will be utilized to advise drivers of the closure. Commissioner Long moved to approve said
temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX SALE CERTIFICATES TO PARKSIDE COLORADO
DEVELOPMENT, LLC: Mr. Barker stated numerous outstanding tax lien certificates for Kohler Farm
Planned Unit Development (PUD) were stricken off to the County, and the taxes and interest due
through March 31, 2010, in the amount of $1,937.53, has been paid by Parkside Colorado
Development, LLC, to the Weld County Treasurer's Office; therefore, it is recommended that the Board
approve the assignment of said tax sale certificates, in order to allow Parkside Colorado Development,
LLC, to be able to apply for the corresponding deeds. Commissioner Garcia moved to approve said
assignment of tax sale certificates to Parkside Colorado Development, LLC. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- DAWN CRESPIN: Commissioner Garcia moved to approve Dawn Crespin as a Deputy District
Attorney and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER APPOINTMENT TO WELD COUNTY 150TH ANNIVERSARY COMMITTEE:
Commissioner Long moved to appoint Eric Whitwood to the Weld County 150th Anniversary
Committee. Seconded by Commissioner Conway, 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, April 5, 2010 2010-0679
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, April 5, 2010 2010-0679
Page 6 BC0016
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