HomeMy WebLinkAbout20080831.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 17, 2008
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, March 17, 2008, 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 H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 12, 2008, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on March 11, 2008: 1) Violation Hearings; and on March 12, 2008: 1) Show Cause Hearing
re: 2nd and 3rd AmUSR#842-Tire Recycling, Inc., and 2) USR#1640-Mario Calderon. Commissioner
Long 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BC0016
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $524,333.75
Electronic Transfers - All Funds $109,678.28
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ACCEPTING TEMPORARY CONSTRUCTION EASEMENT FOR COUNTY ROAD 2 AND
AUTHORIZE CHAIR TO SIGN - CHERRY KNOLLS ESTATES: Leon Sievers, Department of Public
Works, stated this is the second parcel to be acquired for the County Road 2 Project, which is a joint
venture with Adams County. He stated the parcel is located on the north side of County Road 3,
approximately 1.5 miles east of County Road 39. He further stated 1,000 feet of temporary construction
easement will be acquired for $300.00, which is the minimum reimbursement amount, and there are no
other costs associated with this parcel. Commissioner Long moved to accept said temporary construction
easement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES-ANDREW WINFREY: Christopher
Woodruff, Assessor, stated this petition is for tax years 2006 and 2007, and the property was classified
for commercial uses; however, the property was being utilized as a residence. He stated in December,
2007, the property was damaged by fire, therefore, the 2007 valuation will be adjusted further. He
indicated the actual value will remain the same for the 2006 tax year; however, the modification of the
assessed value will create a refund in the amount of$3,634.31. He further stated due to the fire damage,
the actual value for tax year 2007 will be reduced to$264,772.00, and in conjunction with the modification
of the assessed value, a refund in the amount of $4,393.34 will be issued to the petitioner. In response
to Chair Jerke, Mr. Woodruff indicated the petitioner intends to repair the fire damage, and he confirmed
that an appraiser has visited the property to view the fire damage and to verify the residential use of the
property. Commissioner Long moved to approve said petition, based upon staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES-CLYDE HUTCHINS: Mr. Woodruff
submitted a map, marked Exhibit A, and stated the petition is for tax year 2005. He explained the property
is classified residential; however,an attribute was added to the property since the property is located within
the floodplain. He stated the attribute was removed for the 2005 tax year, and the property was valued as
if it were a buildable site; however, in 2006, it was determined that the property owner had been utilizing
the property for agricultural purposes. He indicated there are no structures located on the property, and
the owner also owns the adjacent agricultural parcel. He stated staff recommends that the 2005 tax value
be made equal to the 2006 tax value, which will result in a refund in the amount of$1,364.55. In response
to Chair Jerke, Mr. Woodruff stated most of the parcel is located within the floodplain, and is utilized as
pasture for the adjoining agricultural parcel. He explained petitioners are allowed to file a petition for two
years, and the Treasurer's Office will charge a $5.00 fee for any taxable amounts less than $10.00.
Commissioner Garcia moved to approve said petition, based upon staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES-AUSTINS HOMESTEAD BAR AND
GRILL: Mr. Woodruff stated the property is located within the Pelican Lakes subdivision, and the petition
is concerning personal property for tax year 2007. He indicated the property was double assessed, as the
property was also reported by the leasing company. He stated the property owner has the right to correct
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Page 2 BC0016
the double assessment, therefore, the correction to the assessed valuation will result in a refund in the
amount of $1,453.34. Commissioner Garcia moved to approve said petition, based upon staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ESTABLISHING NEW PRECINCTS FOR UPCOMING PRIMARY AND GENERAL
ELECTIONS: Bruce Barker, County Attorney, stated four precincts, as stated within the Resolution, will
each be split into two separate precincts, so that each new precinct will now contain between 1,000 and
1,500 voters. Mr. Barker requested that the language within the title of the Resolution be modified to state
for Upcoming Primary and General Elections, and the fourth paragraph needs to be deleted. He stated
the vote centers will be established along with the full list of precincts to be considered in August, 2008.
In response to Chair Jerke, the Board concurred with the changes to the Resolution as described by
Mr. Barker. Commissioner Long moved to establish new precincts for upcoming Primary and General
Elections. His motion included the necessary modifications to the Resolution, as described by Mr. Barker.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
AUDREY WIMMER: Commissioner Long moved appoint Audrey Wimmer as a Deputy District Attorney,
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES:
Commissioner Garcia moved to appoint Robert Noffsinger to the North Colorado Medical Center Board
of Trustees,with a term to expire January 13, 2009. Seconded by Commissioner Long,the motion carried
unanimously.
CONSIDER CREATION OF WELD FAITH PARTNERSHIP COUNCIL, APPROVAL OF BYLAWS, AND
APPOINTMENT OF MEMBERS: Mr. Barker stated the Board was working in conjunction with Simone
Brown, Department of Social Services, in Fall, 2007, regarding the creation of the Council along with the
Bylaws for the Council. He indicated the Bylaws were constructed; however, they were never officially
approved by the Board. He indicated the Resolution provides for the creation of the Weld Faith
Partnership Council, the approval of the Bylaws, and the appointment of the initial members of the Council.
In response to Chair Jerke, Mr. Barker stated no member may serve for more than two consecutive full
three-year terms; however, the initial appointments will not be considered as a full term. Commissioner
Long indicated the Board voted in November, 2007, to edit term limits for appointed advisory boards.
Mr. Barker recommended that Article III, Paragraph C, be edited to state "full regular membership terms
shall be for three years," and the Board concurred with the modification as described by Mr. Barker.
Commissioner Long moved to create the Weld Faith Partnership Council, approve the Bylaws, and to
appoint Charles Archibeque, Dale Dowling, Lynnda Easter, Julianne Haefeli, and Richard Hartman as
members, and David Long as Commissioner Coordinator. The motion was seconded by Commissioner
Garcia. In response to Chair Jerke, Mr. Barker indicated additional members may be added in the future.
There being no further discussion, the motion carried unanimously. (Clerk's Note: Following the meeting,
Mr. Barker provided a memo, marked Exhibit A, which contained the correct version of Bylaws to be
approved, the Board concurred with the corrected version submitted by Mr. Barker,and the Resolution was
modified to accurately reflect the necessary modifications.)
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW #1583 - MARGARET DEHAAN/L AND M
FARMS, LLC: Chris Gathman, Department of Planning Services, stated staff has received an Irrevocable
Letter of Credit, in the amount of$51,000.00, for the required improvements at the Great Western Dairy
facility. He stated the Departments of Planning Services and Public Works,and the County Attorney, have
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Page 3 BC0016
reviewed the agreement, and recommend acceptance of the collateral. Commissioner Long moved to
approve said agreement, authorize the Chair to sign, and accept said collateral. Seconded by
Commissioner Garcia, 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 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: 1: . ® C: m H. Jerke, Chair
Weld County Clerk to the Board 4 ,E J
SED
‘ , , Ro rt D. den, Pro-Tem
BY: b�� .91702. C •,r '•..r
Deputy Clerk to the Board ! _ 1/ L-/ //
- Will' F. Garci
J '., /_-)
David E. Long
EXCUSED
Douglas Rademacher
Minutes, March 17, 2008 2008-0831
Page 4 BC0016
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