HomeMy WebLinkAbout20100202.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 25, 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, January 25, 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 - TARDY
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of January 20, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on January 20, 2010, as follows: 1) Hearing to Consider Proposed Amended and
Restated Consolidated Service Plan for Beebe Draw Farms Metropolitan District Nos. 1 and 2;
2) AmUSR #625 - Aka Energy Group, LLC; and 3) USR #1720 - William and Veleria Fabrizius, c/o
Petro-Canada Resources (USA) Inc. Commissioner Kirkmeyer 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 Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - J. ARTHUR LEASING, LLC
(CON'T FROM 01/13/10): Christopher Woodruff, Assessor, stated this matter was first considered on
January 13, 2010, at which time the Board granted a continuance to allow adequate time for the
petitioner to submit additional documentation. He stated an appraisal was provided, in regards to the
properties petitioned for abatement for the years 2007 and 2008. He explained, under Colorado law,
assessment year 2007 was valued as of the appraisal date of June 30, 2006, and staff may only
Minutes, January 25, 2010 2010-0202
Page 1 BC0016
consider information from tax year 2005 and the first half of 2006, with the provision that they may go
back up to five years from June 30, 2006, in establishing the values. Mr. Woodruff stated these
properties are office condominiums; three being located in the City of Greeley, and one located in the
Town of Eaton. He stated the Greeley properties were constructed in 2003 and 2004, and staff
established the value at an equalized value of $155.00 per square foot, with the exception of the
restaurant, which is $165.00 per square foot. He stated the values were based on analysis of the
market at that time, which indicated market sales from 2004, through June 30, 2006, ranging between
$150.00 and $193.00 per square foot, thus an equalized value of $155.00. Mr. Woodruff explained the
property in Eaton was valued as a shell, with a fifty percent economic obsolescence, and the value of
$183,000 represents a market value of $80.00 per square foot, rather than the true market value, at
that time, of $145.00 per square foot. He stated the petitioner has submitted an Appraisal, dated
November 5, 2009, which is three years beyond the study period allowed by law; however, he noted the
information is helpful and it will be placed in the system for consideration in the 2011 valuation cycle.
Based on his comments, Mr. Woodruff recommended denial on all four accounts, and requested the
accounts remain at the original values.
Jeffrey Perryman, Manager for J. Arthur Leasing, acknowledged he should have been more familiar
with the allowances and State requirements; however, he was unaware of the timing constraints, and
he stated he will be sure to use the 2009 Appraisal values in the future. In regards to the space in
Eaton, Mr. Perryman stated the structure has been vacant for the past five years, and he is under the
impression that it may be eligible for an abatement of half the tax paid. In response to Commissioner
Garcia, Mr. Perryman stated he will have to research his past records to verify whether he has any
supporting documentation from the allowed 2005-2006 appraisal timeframe. He also expressed
disappointment with the short notice for the initial hearing, and despite the continuance, he does not
feel the time was adequate to allow for his research into the matter. He stated despite the various
conversations with the Assessor's Office, he was not advised of the timing parameters.
Responding to Chair Garcia, Mr. Woodruff stated it is at the Board's discretion whether they want to
continue this matter further; since the initial hearing met statutory requirements for holding a hearing
within six months. He further stated, in 2007 and 2008, the properties were not fully constructed and
remained vacant, and staff already made a 50 percent valuation adjustment, and he confirmed he
personally spoke with Ms. Amanda Perryman and did disclose the timing requirements. He further
stated he realizes it is an extremely complex system, the current market is worrisome, and he wishes
he could make accommodations; however, he is bound to review properties within the parameters of
the law. Responding to Commissioner Kirkmeyer, Mr. Woodruff stated his office works diligently with
the property owners and requests a full range of information to help staff determine whether an error
was made during the appraisal year. He also commented that he is very empathetic to the problems of
commercial property owners, and he is concerned about the values that are currently being established
which will have to be accommodated in the future. He stated this is a legislative issue that may, or may
not, be addressed by the legislature this year.
Commissioner Garcia thanked Mr. Perryman for attending and providing information. He stated it is
unfortunate that he encountered timing problems, and he is willing to grant an additional continuance to
allow for submittal of the documents that are relevant to the timing requirements. In response to
Commissioner Kirkmeyer, Mr. Perryman clarified Ms. Amanda Perryman is his daughter and runs the
Real Estate Division of the business. He further stated there may be appraisals that were in place at
the time; however, he is uncertain whether they contain values that differ much from the Assessor's
recommendation.
Commissioner Kirkmeyer stated although the petitioner may have access to additional information, she
feels that it should have been provided sometime during the review that took place following submittal
of the petition, date stamped on July 16, 2009. She stated the Assessor contacted the property owner,
Minutes, January 25, 2010 2010-0202
Page 2 BC0016
requested supporting documentation, disclosed the legislative requirements, and appears to have
worked to answer any questions; therefore, she does not believe it is appropriate to request additional
information at this time. She further stated she has had the opportunity to work with many Assessors in
the past, and she thinks very highly of the current Weld County Assessor, who does a very good job of
working with the taxpayers to try and get to a fair and equal value. Chair Rademacher concurred, and
stated the Assessor has been very diligent, and although it is unfortunate there was some
misunderstanding on the timing standards, he does not feel that should fall upon the Assessor.
Commissioner Garcia agreed, although he does not feel a one-week continuance will cause any harm.
Mr. Woodruff stated if the Board upholds this denial, the petitioner does have the right to appeal the
decision to the Board of Assessment Appeals, within 30 days of the decision, which will open up an
opportunity to have further discussion, without such a tight time constraint upon the petitioner.
There being no further discussion, Commissioner Kirkmeyer moved to deny said petition for abatement
of taxes, based on staff's recommendation, and encouraged the petitioner to diligently seek the appeal
process, which will afford him the opportunity for further review of the values with the Assessor.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SMITH CHIRO BROS (CON'T
FROM 01/13/10): (Clerk's Note: Commissioner Conway is now present.) Mr. Woodruff stated the
subject property is in the same general area as the parcels discussed in the previous item of business,
and he noted this property is also subject to the same timing issues as previously discussed. He stated
the property was valued at $155.00 per square foot, for a total assessed value of $467,325.00 for the
years of 2007 and 2008, and he recommended sustaining this value. Dr. Craig Smith, President of
Smith Chiropractic Offices, stated it is very difficult to accept that properties are being assessed at
values that are not supported in the current market; however, based on the previous discussion he
acknowledges that it does not appear that much can be done, although he has the utmost respect for
Mr. Woodruff and his office staff. Commissioner Kirkmeyer commented she appreciates the property
owner's position and explained the Board of Commissioners also convenes as the Board of
Equalization and can truly appreciate the situation being experienced by the public, as well as by each
of the Board members personally. Mr. Woodruff encouraged Mr. Smith to pursue his 30-day appeal
rights, as previously described. Commissioner Conway also urged the petitioners to contact their
legislators who are the primary force in working to correct this situation in the future. Commissioner
Garcia moved to deny said petition for abatement of taxes, based on staff's recommendation.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Deputy
Jennifer Fick, Sheriff's Office, stated the only issue of concern noted in her inspection was the Food
and Beverage License which had expired at the end of December; however, it is her understanding that
the Manager/Owner was in the process of having it renewed and it simply was not posted yet. In
response to Commissioner Kirkmeyer, Ms. Fick confirmed she has no other concerns with the license.
In response to Chair Rademacher, Mr. Barker noted the Department of Public Health and Environment
referral indicated no concerns, so the expired license was likely just a timing issue with the posting. He
stated, upon approval, staff will verify the Food and Beverage License issue has been resolved.
Responding to Commissioner Garcia, Ms. Fick confirmed the news story involving certain
establishments cited with serving underage customers did involve this establishment; however, she
does not believe that one instance impacts the renewal of their license, and she intends to work closely
with the manager to demonstrate the importance of requiring proper identification. In response to
Commissioner Conway, Mr. Barker stated the establishment is required to card patrons by State law.
He explained the liquor license is subject to both local and state approval, and the State will work with
Minutes, January 25, 2010 2010-0202
Page 3 BC0016
the manager and possibly issue some type of suspension or fine. Responding further to Commissioner
Conway, Mr. Barker agreed that approval of this renewal is not condemnation of the State's
enforcement activities. Responding to Chair Rademacher, Ms. Fick confirmed this establishment is in
unincorporated Weld County, and the State officers have access to all of the incident reports, and
Mr. Barker reiterated the Health Department referral indicated no concerns. Commissioner Kirkmeyer
moved to approve said renewal application. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 - JAMES WILLITS TRUST: Wayne Howard, Department of Public
Works, stated this is the sixth of seven parcels related to the County Road 13 project. He stated the
property is located in the northeast corner of the intersection of County Roads 13 and 56, the
agreement is to acquire 200 square feet of right-of-way, in the amount of $500.00, which is the
minimum amount allowed, and the property owner is a willing participant in this process. In response to
Commissioner Kirkmeyer, Mr. Howard stated an approved access does not currently exist; however, as
part of the project (item #8 of the agreement) staff will be installing a field entrance to access the
property. He explained it is a small triangular site which was severed from the main property by the
railroad, and the new field/agricultural access will be located oon County Road 13, at a location which is
safe for a legal access. Commissioner Kirkmeyer clarified it should be made clear to the property
owner that this will be a field/agricultural access and if the use increases, then the access permit will
need to be amended through the County. Commissioner Conway moved to approve said agreement.
Seconded by Commissioner Kirkmeyer, 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.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C RADO ,/
ATTEST: .,.,�✓Gw
oggla ademach r, Chair
Weld County Clerk to the l
a,c -s Barbara Kirkmey r, Pro-Tem
�
BY: =,...._,I..-*---r� X,
Deputy Clerk to the Board: -? :, -
Sean P. j
illiam F. Garcia
EXCUSED
David E. Long
Minutes, January 25, 2010 2010-0202
Page 4 BC0016
Hello