HomeMy WebLinkAbout20081116.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 14, 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, April 14, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 9, 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 April 8, 2008, as follows: 1)Violation Hearings; and on April 9, 2008: 1)2nd AmUSR#211 -
Kerr-McGee Gathering, LLC,and 2)USR#1639-Ronald O'Hotto. Commissioner Rademacher seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Joseph Wozniak, resident of unincorporated Weld County, stated that between
Longmont and Firestone there is no representation regarding annexation matters. Responding to Chair
Jerke, Mr. Wozniak stated he wants the Board to become involved, learn it's legal options, and try it's best
to maintain property owners' rights.
Mike Coan, resident of Keenesburg, stated he is concerned about proposed House Bill #08-1007, which
instructs title companies not to disclose the notice of the proposed toll road on titles to buyers or lenders,
which is fraudulent, and the Bill will provide immunity to the title companies which withhold the information.
Mr. Coan stated the only way for potential buyers to become aware of the toll road is to view a map in the
Clerk to the Board's Office; however, nothing indicates the map exists and is available to the buyer. Chair
Jerke stated the Board also has concerns regarding the matter.
2008-1116
BC0016
nU2-3ZS/
CONSENT AGENDA: Commissioner Rademacher 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.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $798,364.48
Electronic Transfers - All Funds $71,082.08
Commissioner Long moved to approve the warrants as presented by Ms. Connolly. Commissioner Garcia
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR13 AND AUTHORIZE CHAIR TO SIGN - SUSAN TROUDT; CARLA HOBBS,
AKA CARLA JOHNSON HOBBS; AND MARIAN STRATTON, DECEASED, AKA MARIAN BOTTINELLI:
Leon Sievers, Department of Public Works, stated this is a supplemental agreement to an existing
agreement regarding acquisition of right-of-way. He stated the initial agreement did not address an
existing irrigation system,which the County will need to remove. He further stated the property owner will
be reimbursed for $13,800.00 for existing concrete structures and irrigation pipe. In response to
Commissioner Rademacher, Mr. Sievers stated this property is located approximately 1.5 miles south of
County Road 52, on the east side, and is one of the first parcels the County acquired for the County Road
13 Project. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-COMMUNITY BAPTIST CHURCH:
Christopher Woodruff, Assessor, stated the petitioners have filed for abatements for tax years 2006 and
2007. Mr. Woodruff stated the property was not included in the church exemption. He stated the property
was assessed as commercial property and it should have been assessed as residential property;therefore,
staff recommends an abatement in the amount of$1,926.10 for 2006, and an abatement in the amount
of$1,991.38 for 2007. In response to Commissioner Garcia, Mr. Woodruff stated the property is not used
for nonprofit purposes, it is used for residential purposes, and he understands the church plans to transfer
the property to the individual. Commissioner Rademacher moved to approve said abatements, based on
staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- FRED AND KIMBERLY PRUETT:
Mr. Woodruff stated this petition is for 2007. He explained there is a piece of land next to the home,which
was assessed as vacant land; however, it has been determined the property is used in conjunction with
the residence and it has sheds used by the residence on it. He recommended an abatement, in the
amount of $1,642.08. Commissioner Long moved to approve said abatement, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RODNEY PRICE: Mr. Woodruff
stated this is a small residential property, which was mistakenly appraised at more than four times the
correct value;therefore,an abatement in the amount of$6,918.35 is recommended. Commissioner Garcia
moved to approve said abatement, based on staff's recommendation. Seconded by Commissioner Long,
the motion carried unanimously.
Minutes, April 14, 2008 2008-1116
Page 2 BC0016
CONSIDER APPOINTMENT TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner
Rademacher moved to appoint Robert Coon to the Building Trades Advisory Committee, with a term to
expire April 10, 2011. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner
Garcia moved to appoint Mark Muse and Marion Richter to the Uniform Building Code Board of Appeals,
with terms to expire December 10, 2010. Commissioner Long seconded the motion, which carried
unanimously.
FINAL READING OF ORDINANCE #2008-1, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE: Commissioner Long moved to read the Ordinance by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Bruce Barker, County Attorney, read the
Ordinance into the record, and stated no changes have been made to the Ordinance for the final reading.
Chair Jerke stated this Ordinance will allow the County to invoke 1041 Hearings for toll road activities.
Mr. Coan stated this Ordinance has merit and he appreciates it being written. He recommended providing
a copy to the other counties along the toll road route. Commissioner Long stated the Board, staff, and
public collaborators strived to construct an Ordinance which will be helpful regarding irrigation networks,
agricultural and residential property values, and property rights. Commissioner Long moved to approve
Ordinance #2008-1 on final reading. Commissioner Rademacher seconded the motion. Commissioner
Garcia thanked Mr. Coan and Mr. Barker for their efforts on this Ordinance. Chair Jerke stated the
Ordinance should not be viewed as a document to prevent future transportation partnerships; instead
rather, a document to assure that local and municipal governments are allowed input, and that health,
safety, and welfare issues are addressed in any future transportation plans. There being no further
discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-1 was approved on final reading.
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
�' WELD COUNTY, COLORADO
ELA
ATTEST: LAW
L,
Weld County Clerk to the Boar
ss�r William H. Jerke, Chair
C' EXCUSED
Robert D. en, Pro-Tem
B iu 100
Dep Cle to the Board C/
li m F. Garcia
David'E. Long /1
r.vn sue'
Dougla Radema her .
Minutes, April 14, 2008 2008-1116
Page 3 BC0016
To:All Members of the Senate State,Veterans,and Military Affairs Committee
I own property in the Prairie Falcon Parkway Express.
Over the past two years I have sold three 5-acre parcels at a 20%loss due to the threat of
the private toll road.
I currently have three 5-acre parcels for sale,which I expect to continue to sell at a loss.
And,I am a dsmantly OPPOSED to HB 08-1007.
I gave the white board presentation at the hearing on April 9,and I will demonstrate that I
understand the bill and why it is a threat to property owners.
1. The bill voids the Notice to Construct.If the Notice to Construct is voided
reasonable people will conclude that this means that the toll road company is not
going to construct the road.
2. The bill voids the Disclaimer of Interest.The disclaimer says,"Disclaim any
interest in any real property within the three mile corridor".Again,reasonable
people will conclude that by voiding the Disclaimer the toll road company now
Claims an Interest in the real property.
3. Those Sellers who understand that the corridor still exists have to disclose the
existence of the corridor on the Sellers Property Disclosure.There is a single line
on page 4.Apparently the hove is that Buyers and Leaden will not see or will
not understand the impact of that line and will proceed with business as
usual.
4. Through the ALTA Owners Policy,the Seller hires and nays the Title
Company to commit a fraudulent act,as admitted by the Title Company
Representative at the hearing,knowing that the Title Company will issue a title
report that will not disclose the existence of the corridor to the Buyer or Lender.
The Title Industry has realized this deception and has required that they be
granted immunity.
5. When Buyers and Lenders learn of the actual impact of the corridor they will
realize they have been deceived and that the property is of less value. They
will reasonably want to seek compensation.The Seller knowingly hired a
company that the Seller knew would deceive the Buyer.The Title Company has
immunity. The Seller is the party likely to be held liable for the deception.
This bill will serve to have Sellers believe that the toll road will not be built,that the
corridor is void,and will subject the Sellers to lawsuits based on hiring a company to
deceive the Buyer and Lender.All of this is done in the hope that a few more
properties will be sold in the corridor.As a Sellers WI follow the provisions in this
bill,I expect to be sued.
₹ q
.,.� 4i,, -
A ��NL9
sum ens IDlt% WeId -MS(2)
2d 1~ R 21.02 D gill Ss Mash dot a Reoadet
Notice to Construct a Toll Road
And
Disclaimer of Interest
The Front Range Toll Road Company,PTR,and its assignee/successor,the Front
Range Toll Road LW,LLLP,FIR,doing business as the Prairie Falcon Parkway
Company.PTR("the Comp")hereby give Notice under 7-45-
108(1Xa)oldie Colorado Revised Statutes(as amended by the Colorado
Legislature in House Bill 06-1003)to duct a toll mad project within the three
mile corridor described in the attached map,Attachment A,and hereby pladedm
under 7-45-108(1)(6)any interest in any real property within the three mile
corridor described in Attachment A resulting from the filing of Formation
Documents by the Companies with the Colorado Smeary of State(see
Attachments B and C).
Also please find in Attachment D a sample copy of the Notice provided to
property owners within the three-mile corridor in Weld County,as required by 7-
45-108,CRS_
Respectfully submitted to the Clerk and Recorder of Weld County this 28*day of
August,2006.
FRONT RANGE TOLL ROAD COMPANY,PTR
BY; -.45 akar,
FRONT RANGE TOLL ROAD,LTD.,LLLP,FIR
BY its General Partner,SPIRIT OF CHEYENNE,INC.
C.Will—Jr.,Secretary
SKID la 172.20_16.53 WE 3414875-2006.002
IIIIIM ir IMENIMIM111111
3414B75 genviets ltillA VMS Ca CO
2d t4 R MAO D OM saes Masse Mak a Retarder
Notic oC sk ' h Tt e
td
Di r of , ter . t
The Front Range Toll Road Company,PTR,and its assigne&successor,the Front
Range Toll Road Ltd,LLLP,PTR,doing business as the Prairie Falcon Parkway
Express Company,FIR("the Companies")hereby give Notice under 7-45-
108(1 Xa)of the Colorado Revised Statutes(as amended by the Colorado
Legislature in House Bill 06-1003)to construct a toll road project within the three
mile corridor described in the attached map,Attachment A,and hereby pisdaim
under 7-45-108(1xb)any intaest in any real property within the three mile
corridor described in Attachment A resulting from the filing of Formation
Documents by the Companies with the Colorado Secretary of State(see
Attachments B and C).
Also pl find in rime 4 4 .. . ....le copy of Nob- `. . '• -. to
property o wi the mile co '.:.r in W as ' by 7-
45-108,C.
Respectfully to .e Clerk and ' . .sof this 28th . , of
August,2006.
FRONT RANGE TOLL ROAD COMPANY,FIR
BY:
FRONT RANGE TOLL ROAD,LTD.,LLLP,PTR
By its General Partner, SPIRIT OF CHEYENNE,INC.VJr.
am C. ,Secretary
SKLD LG 172.20.16.53 WE 3414875-2006.002
•
V
0 %_-
IL/
W
Hello