HomeMy WebLinkAbout20091313.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 8, 2009
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, June 8, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Assistant County Attorney, Cyndy Giauque
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of June 3, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it 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 Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B0900119, SPRINKLER AND SOD PROJECT FOR WELD COUNTY PARAMEDIC
SERVICE BUILDING - DEPARTMENT OF BUILDING AND GROUNDS: Monica Mika, Director of
Administrative Services, stated the bid is for a maintenance project for the Paramedic Service building and
all of the vendors that submitted a bid are local. Ms. Mika stated said bid will be presented for approval
on June 22, 2009.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BRENT HAUGEN (CON'T FROM
06/01/09): Christopher Woodruff, Assessor, submitted an updated Appraisal Report and an updated
Petition for Abatement or Refund of Taxes into the record, marked Exhibit A. Mr. Woodruff stated this item
2009-1313
BC0016
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was continued in order to inspect the petitioner's property, the inspection occurred on June 2, 2009, and
a revised recommendation has been prepared. He stated the revised Appraisal Report was prepared in
order to determine the proper amount of commercial allocation for the property for Tax Years 2007 and
2008, and photographs of the facility are included in the report. He further stated the square footage of
the commercial building is being modified to allow 1,800 square feet of residential property, since the
space is used for personal items. Mr. Woodruff stated it was originally determined that 7.79 acres of the
property were residential and 1.64 acres were determined to be commercial, and after review, staff has
determined 8.77 acres to be residential and .66 acres to be commercial, and the commercial part of the
auto -body shop has been reduced to 5,400 square feet. He stated a refund in the amount of $1,024.43
is recommended for Tax Year 2007, and a refund in the amount of $1,132.38 is recommended for Tax
Year 2008. In response to Chair Garcia, Mr. Woodruff stated the total value did not change; however the
assessed value is affected by the change in commercial and residential allocations.
In response to Chair Garcia, Wade Melies, Assessor's Office, stated the building the auto -body shop is
located in has been valued as a pre-engineered steel building; therefore, there has been no value added
based on its use. Further responding to Chair Garcia, Mr. Melies stated the valuation would be the same
if there was no Use by Special Review (USR) Permit issued for the property. Chair Garcia inquired if the
utility shed shown in one of the photographs is part of the area used for business purposes. Mr. Melies
stated the utility shed is for personal use, and the commercial activity was determined to be confined to
the metal structure.
In response to Chair Garcia, Brent Haugen, petitioner, stated he has not had time to review the revised
Appraisal Report; however, there is approximately 3,600 square feet of the steel building which is
dedicated to commercial use, not 5,400 square feet. Mr. Haugen stated he is being taxed 100 percent
commercial for the areas determined to be used for commercial purposes; however, he does not have 100
percent commercial rights, and he is the only one in his neighborhood being taxed in this way. Chair
Garcia stated the Assessor will evaluate the neighbors' properties accordingly; however, only Mr. Haugen's
property is being considered today. In response to Chair Garcia, Mr. Haugen stated the USR Permit has
numerous restraints, which include not allowing signs to be posted on the property; however, he is taxed
the same as commercial properties which do not have the restraints. Chair Garcia stated no commercial
property is completely without restraints.
Commissioner Kirkmeyer stated the actual square footage of the steel building is 7,200, and staff has
determined 5,400 square feet are being used for commercial purposes; however, Mr. Haugen claims only
3,600 square feet are being used as commercial property. Mr. Haugen stated the body shop, office, and
paint booth are used for commercial purposes and the north end of the building has occasionally been
used for commercial purposes; however, the south bay is completely personal storage. He stated in the
photographs of the north bay, there are two cars shown, and both of the vehicles are owned by him;
therefore, it is only being used for personal use and the area is roughly 45 by 30 feet in size. Responding
to Commissioner Kirkmeyer, Mr. Haugen stated the office is approximately 15 by 30 feet in size and he
did not include it in the 3,600 square feet; therefore, approximately 4,000 square feet are used for
commercial purposes, as opposed to 3,600, as he stated earlier.
In response to Commissioner Conway, Mr. Melies stated all of the areas in the steel structure are finished
with extra lighting to perform auto body work and copper ceilings. Mr. Melies stated he believes
Mr. Haugen does not have enough business to fill the additional rooms presently; however, he believes
Mr. Haugen will move his personal items back into his personal garage when business increases and
utilize all of the facility for commercial purposes. In response to Commissioner Conway, Mr. Melies stated
an amendment may be created at a later time, if needed, and staff can determine the exact amount of the
property Mr. Haugen claims is used for commercial purposes by using a computer program.
Minutes, June 8, 2009 2009-1313
Page 2 BC0016
In response to Chair Garcia, Mr. Woodruff stated staff will have to rely on Mr. Haugen to notify them of any
expansion of the commercial use of the property, since staff will not be monitoring the status of the
property at the beginning of each year. In response to Commissioner Conway, Mr. Haugen reiterated he
has used the north bay for commercial uses on multiple occasions; however, he does not foresee the area
being used for commercial purposes full time at any point in the future. Mr. Haugen stated the extra
lighting and the copper ceilings were in the facility prior to the auto -body shop's existence. In response
to Chair Garcia, Mr. Haugen stated he is limited to two employees by the USR. Chair Garcia stated if
Mr. Haugen's business expands and requires additional employees or the use of a larger portion of the
steel building, he will need to apply for an amendment to the USR. Mr. Haugen concurred. In response
to Commissioner Kirkmeyer, Mr. Haugen stated the USR covers the entire building. Commissioner
Kirkmeyer stated the Assessor lowered the commercial portion of the property by almost one acre and he
has determined that 1,800 square feet that was intended for use under the USR is being used for personal
storage; therefore, she feels the assessor is being as generous as is possible while maintaining fairness.
Chair Garcia stated the Assessor's Office has been accommodating and fair; however, he is considering
the fact Mr. Haugen is only allowed to have two employees and must pursue an amendment to the USR
to hire more employees. In response to Chair Garcia, Mr. Woodruff stated property tax law considers
actual use and not necessarily what the permitted uses are. Mr. Woodruff stated it is difficult to know what
is for personal use 100 percent of the time and what is for commercial use 100 percent of the time, when
dealing with a mixed use property; however, he has made the best effort to determine fair allocations and
has been as generous to the property owner as the law allows. In response to Commissioner Conway,
Mr. Haugen stated he does not recall if he performed any commercial activities during 2007 in the space
he is contesting as residential. Commissioner Kirkmeyer moved to approve said refunds in the amount
of $1,024.43 for Tax Year 2007 and $1,132.38 for Tax Year 2008, as recommended by staff.
Commissioner Long seconded the motion. Chair Garcia thanked the Assessor's Office for doing a great
job regarding this matter; however, he will be voting in opposition because he believes the additional 1,350
square feet should be allocated as property used for residential use. Commissioner Conway concurred
with Chair Garcia. In response to Chair Garcia, Commissioner Long explained if two Commissioners vote
in favor of the motion and two vote in opposition, the motion will fail. Commissioner Kirkmeyer stated the
Assessor has been fair and equitable regarding this matter, and the determination has nothing to do with
the number of employees; it has to do with the use of the facility and the facility is being used for
commercial purposes. She stated the Assessor removed the storage area from the commercial use area;
however, under the USR, the entire use of the facility is for the auto -body shop; therefore, the Assessor
has given Mr. Haugen as much of a break as is possible. Commissioner Long concurred with
Commissioner Kirkmeyer and he stated the property needs to be taxed at the commercial rate since
Mr. Haugen has the ability to use it for commercial purposes. He stated many businesses have space
which is not always in use and he does not want to set an unfair precedent. Commissioner Conway stated
he will be voting in favor of the Assessor's recommendation. Upon the request for a roll call vote, the
motion carried three to one, with Chair Garcia being in opposition.
NEW BUSINESS:
CONSIDER MASTER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
3T SYSTEMS, INC.: Judy Griego, Director, Department of Human Services, stated the agreement was
presented at the work session conducted on May 27, 2009, and it is on behalf of the Building Healthy
Marriages Program, for the Program's Data Management System, which works in conjunction with the
Juvenile Assessment Center (JAC) and Senate Bill 94. Ms. Griego stated the agreement will
encompass10 prepaid time and maintenance hours, at a cost of $183.00 per hour, which will be paid from
the Building Healthy Marriages grant. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER SHUTTLE TRANSPORTATION AGREEMENT FOR MIGRANT AND SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE -5J (MILLIKEN).
Minutes, June 8, 2009 2009-1313
Page 3 BC0016
Ms. Griego stated the agreement was presented at a work session conducted on May 27, 2009, and the
term of the agreement will commence June 15, 2009, through September 11, 2009. She stated the
agreement is on behalf of the Migrant and Seasonal Head Start Program, and the Department will pay
School District RE -5J (Milliken) $13.00 per hour for the drivers' time and $2.00 per mile for shuttle services
provided to transport children to the Head Start facilities this summer. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
LUTHERAN FAMILY SERVICES OF COLORADO: Ms. Griego stated the agreement was presented at
the work session conducted on March 30, 2009, and it is to provide post -adoptive services, which will be
paid for from Federal Adoption Incentive Grant funds, in an amount not to exceed $14,233.93. She stated
the term of the agreement is April 1, 2009, through September 15, 2009, and the reason the agreement
is only coming before the Board in June is because the contractor has submitted three versions of the
agreement. Commissioner Conway moved to approve said agreement. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT MEDICAID FEE
SCHEDULE: Dr. Mark Wallace, Director, Department of Public Health and Environment, stated the
agreement was presented at a work session. Dr. Wallace stated the Department is eligible to receive
reimbursement from State Medicaid funds at times and the Department has sometimes missed
reimbursement opportunities because specific fees were not listed on the fee schedule; therefore,
approving the Medicaid Fee Schedule will allow the Department to collect the reimbursement funds it is
entitled to for services it has provided. Commissioner Kirkmeyer moved to approve said fee schedule.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR TRAVEL CLINIC FEES COLLECTED BY THE WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Wallace stated the fee
revisions were discussed at a work session, and the fees are regarding travel services the Department
provides to people and organizations which send individuals out of the country. He stated the services
provided by the Department include consultations regarding the necessary immunizations and medications.
He stated the fees are intended to cover the entire cost of the services provided for the Travel Clinic in
order to prevent the Department from having to utilize General funds to subsidize the Program cost;
therefore, Travel Clinic fees are frequently adjusted to cover the expense of the services. Commissioner
Long moved to approve said revisions. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED BY
THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Wallace stated
the fee revisions were discussed at a work sessions, and the fees are regarding the Septic Program. He
clarified the fees discussed do not include Food Safety matters, which will be discussed at an upcoming
work session. In response to Commissioner Conway, Dr. Wallace stated the County's Septic Program
fees are competitive with the fees charged by the surrounding communities. Commissioner Kirkmeyer
moved to approve said revisions. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR 2009 HIGH PLAINS INVASIVES PROJECT AND AUTHORIZE
CHAIR TO SIGN: Tina Booton, Department of Public Works, stated the Project is funded by the Colorado
Department of Agriculture, and Weld County is partnering with Logan and Morgan Counties to assist a
minimum of 17 landowners in the area with eradicating knapweed through the cost -share program.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
Minutes, June 8, 2009 2009-1313
Page 4 BC0016
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - VIPER2, INC., DBA BORDERLINE: Ken Poncelow, Sheriff's Office, stated the Sheriff's Office has
no issues regarding the establishment renewing its liquor license. Commissioner Long moved to approve
said renewal application and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Christian Schulte, District Attorney's Office, stated Kirsta Britton is the
principal point of contact for the Juvenile Diversion Program; however, she had an appointment today;
therefore; he is attending on her behalf. In response to Chair Garcia, Mr. Schulte stated the Juvenile
Diversion Program has been an ongoing project and received State funding since 2006. He stated the
State grant award and County cash match are listed on Page 2 of the documentation, and the funding will
cover Ms. Britton's salary and other various Program operation expenses. Commissioner Conway moved
to approve said statement of grant award and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER CANCELLATION OF BOARD MEETING SCHEDULED FOR JULY 8, 2009: Commissioner
Kirkmeyer explained the Board meeting will be cancelled due to three of the Board members attending an
Oil and Gas conference scheduled for July 8, 2009, and she moved to cancel the Board meeting
scheduled for July 8, 2009. Seconded by Commissioner Conway the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Kirkmeyer
moved to reappoint Michael Freeman, John Goad, and Laurie Glendenning to the Extension Advisory
Council, with terms to expire February 1, 2011. Seconded by Commissioner Long, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW #1633 - SPICER RANCHES, LTD., C/O BECKY MEYRING: Kim Ogle, Department
of Planning Services, stated staff received a check in the amount of $7,000.00, on May 29, 2009, from
Spicer Ranches, LTD. Mr. Ogle stated the improvements are itemized on the memorandum provided,
dated June 5, 2009, and the County Attorney's Office, and the Departments of Planning and Public Works
have deemed the amount to be sufficient to complete the necessary improvements.
Don Dunker, Department of Public Works, stated the property is located on County Road 43 and north of
County Road 76, and the Department concurs that the amount of collateral is sufficient to complete the
necessary improvements. Mr. Dunker stated certain steps must be completed before the plat may be
recorded including a final walk-through of the site, placement of signs, completion of a water quality
feature, completion of the parking lot surface treatment, and payment of the traffic impact fees.
Commissioner Long moved to approve said improvements agreement, authorize the Chair to sign, and
accept said collateral for USR #1633. 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.
Minutes, June 8, 2009 2009-1313
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:48 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COU�N , COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the /
liam F. Garcia, Chair
David E. Long
Minutes, June 8, 2009 2009-1313
Page 6 BC0016
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