The URL can be used to link to this page

Browse Search

Home My WebLink About20072763 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 27, 2007 TAPE #2007-25 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, August 27, 2007, 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 David E. Long, Chair- EXCUSED Commissioner William H. Jerke, Pro-Tem - EXCUSED Commissioner William F. Garcia Commissioner Robert D. Masden, Acting Chair Pro-Tem Commissioner Douglas Rademacher Also present: Assistant County Attorney, Stephanie Arries Acting Clerk to the Board, Elizabeth Strong Controller, Barb Connolly MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners meeting of August 22, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on August 22, 2007, as follows: 1) USR #1590 - Contreras Farms, Inc., do Scott Realty Company; 2) USR#1565-TARN E and P Holdings, L.P., do William G. Crews, CPL; and 3) USR #1608 Holton Family, LLC, c/o Ready Mixed Concrete Company, c/o Hart Environmental,Attn: Mike Hart. Commissioner Garcia 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 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. 2007-2763 BC0016 WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board: All Funds $793,084.93 Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Rademacher seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER CONTRACT PROPOSAL FOR SH 52 AND CR 13 PROJECT AND AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION: Drew Scheltinga, Department of Public Works, stated Qwest Corporation owns a fiber optics line on a private easement located adjacent to State Highway 52, which will need to be relocated in order for the County to widen the roadway. Mr. Scheltinga recommended the Board accept the proposal submitted by Qwest Corporation for$32,503.83. Commissioner Rademacher questioned why the County is accountable for the expense of relocating the fiber optic line. In response to Commissioner Rademacher, Mr. Scheltinga reiterated the fiber optic line is on a private easement owned by Qwest Corporation and is not located in a County owned right-of-way. Commissioner Rademacher moved to approve said contract proposal and authorize the Chair to sign. Acting Chair Pro- Tem Masden questioned if the fiber optic line will be relocated to another private easement. In response to Acting Chair Pro-Tem Masden, Mr.Scheltinga stated the fiber optic line will be placed on another private easement, since it is the Qwest Corporation's policy to place fiber optic lines outside of all public rights-of- way. Commissioner Garcia seconded the motion, which carried unanimously. CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - DARYL AND CAROL PROPP: Tina Booton, Department of Public Works,stated in compliance with Section 15-2-70 of the Weld County Code, Failure to Pay Assessment, she requests that the weed enforcement bill, in the amount of$2,630.50, be certified by Resolution of the Board. Commissioner Rademacher stated Mr. Barker sent a letter to Daryl Propp, property owner, who indicated he was going to appeal the weed enforcement bill. In response to Commissioner Rademacher, Ms. Booton stated the property owner is here today. Mr. Propp stated he is a native of Colorado and has worked as a real estate broker and developer. He further stated he is a Vietnam veteran and a good citizen. Mr. Propp stated he has had some difficulty controlling the weeds on his property; however, every year he has mowed the weeds in an effort to control them. He explained every year he has received different deadline dates for when the weeds needed to be mowed by; however, he does acknowledge he has been put on notice. Mr. Propp explained he did have the weeds under contract to be mowed; however, the contractor was behind due to a heavy work load and recent rainfall. He stated his main reason for appearing today is due to a problem with the Assessor's Office. He explained he has owned this property for 35 years and approximately ten years ago he received a notice that the tax category had been changed from agricultural to developable land. He appealed the decision and was denied, due to the amount of acres the property consists of. He stated for nine years he has tried to get the property zoned for housing, and he has spent$300,000.00, including purchasing thirteen water taps seven years ago. He stated he entered into a contract four years ago with C-21 for $600,000.00 worth of infrastructure, and he has the documentation available to show that, though he has yet to break ground. Mr. Propp stated he has worked with four different Weld County planners and each one different ideas. He stated he has invested a lot of time and money into the process, and it seems he is not being treated fairly by being sent this bill for$2,630.50 for weed control, when it only costs$700.00 to mow the weeds, and since weed control is not consistently enforced in Weld County. Mr. Propp stated there are fifty miles of weeds growing on Highways 76 and North 85 which are three feet high and weed control should be enforced fairly. Acting Chair Pro-Tem Masden stated Mr. Propp is addressing two separate issues, and he apologized for the issues that Mr. Propp has experienced with the Department of Planning Services and stated he would like to see those issues get resolved; however, the issue at hand for discussion today is weed control. Responding to Acting Chair Pro-Tem Masden, Ms. Booton stated the memorandum details the weed control issues occurring on Mr. Propp's property since 1999. She stated Minutes, August 27, 2007 2007-2763 Page 2 BC0016 each year staff begins contacting Mr. Propp in the early spring through letters and phone calls; however, Mr. Propp and his contractor have not mowed the weeds until late in the season, after the weeds have produced seeds, which caused an increased infestation each year. Ms. Booton stated one of the weeds on Mr. Propp's property is Russian Knapweed, which is toxic to horses, and most of the surrounding property owners have horses. Ms. Booton explained it was an ideal time to spray, particularly for Russian Knapweed, and that was one of the reasons staff chose to spray the weeds this year. Commissioner Rademacher stated after viewing Mr. Propp's record with insufficient weed control, he sees this is an ongoing problem, and August is too late in the season to remedy the weed problem by mowing them. Commissioner Rademacher explained the weeds Mr. Propp commented about earlier on Highway 85 are on a State right-of-way; therefore, the county is not responsible for the maintenance of that area. Commissioner Rademacher stated using an herbicide will likely be more effective than mowing this late in the season, it may take care of the problem for next year also. In response to Commissioner Rademacher, Ms. Booton stated studies indicate there should be 90 percent less weeds on Mr. Propp's property next year after using the herbicide staff used. Commissioner Rademacher stated the documentation provided by Ms. Booton states Mr. Propp was initially contacted this year on May 17, 2007, and Mr. Propp did not respond; therefore, Ms. Booton had no alternative but to take action to remedy the weed problem. Acting Chair Pro-Tem Masden stated this has been a chronic problem. Mr. Propp stated he did try to contact Ms. Booton's office, but the voice mail was full; therefore he was unable to leave a message. He stated it seems the County arbitrarily changes the zoning of properties. He further stated the County used to have a program in which it contributed equally to weed control expenses, and Summit County currently participates in program like that. Ms. Booton stated the program is still available and has always been offered for chemical treatments; however, Mr. Propp has always chosen to mow the weeds on his property. Commissioner Rademacher stated Mr. Propp is also available for a program through the Boulder County Cost Soil Conservation District;therefore, Mr. Propp has two avenues of pursuit available. Commissioner Garcia asked for Ms. Booton to explain how staff determined the amount of$2,630.50. In response to Commissioner Garcia, Ms. Booton explained 32 acres were sprayed at an amount of$45.00 per acre, there was a $50.00 set up fee, $21.94 per acre for chemicals, for a total of$702.00, and there is an administrative fee of$438.42. Ms. Booton explained the State and County laws set the 20 percent administrative fee. Commissioner Rademacher stated the Board can waive the administrative fee; however, the chemicals have already been applied. Commissioner Rademacher stated he is concerned if Mr. Propp attempted to contact the Planning Department and was unable to reach anyone. Ms. Booton stated she ensures everyone in her department checks their voice mail daily and has room for new messages available. Further responding to Commissioner Rademacher,Ms. Booton stated Mr.Propp has her contact information. Mr. Propp stated the Planning Department and the Weed Control Division should be examined. Mr. Propp stated he will pay within seven days. Acting Chair Pro-Tem Masden stated an amendment will be added to allow seven days for Mr. Propp to provide payment, and if he fails to do so, the original Resolution terms will apply. Commissioner Rademacher moved to approve said Certification of Weed Enforcement Lien, with the stipulation the amount is paid within seven days. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN-DEUTSCHE BANK NATIONAL TRUST COMPANY: Ms. Booton stated Deutsche Bank National Trust Company is a bank located in Raleigh, North Carolina. She stated staff sent a general letter, since the phone number was unknown, and when a response was not received, staff sent a 10-day legal notice. Ms. Booton explained after not receiving any response from the bank after the legal notice was mailed,staff entered onto the property and cut down the scotch thistle, which was at its flowering stage. In response to Commissioner Rademacher, Ms.Booton stated no spraying occurred,only mowing,and the total cost is$114.00. Commissioner Garcia moved to approve said weed enforcement lien. Seconded by Commissioner Rademacher, the motion carried unanimously. Minutes, August 27, 2007 2007-2763 Page 3 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JOHN AND GAIL SANGER: Raelene Churyk,Assessor's Office,stated staff requests approval of this petition for abatement,since the property was misclassified as vacant land when it should be classified as pasture. Ms. Churyk stated the assessed value will be corrected from $31,460, to $42.00, and the taxes on the property will be reduced from $2,400.14, to$3.21. In response to Acting Chair Pro-Tem Masden, Ms. Churyk stated she will follow up on Mr. Propps matter as previously discussed. Commissioner Rademacher moved to approve said petition, based on staffs recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HELLER FINANCIAL LEASING, INC.: Ms. Churyk stated this is for leased equipment and the lease was terminated in 2004; however, the petitioners failed to notify the Assessor's Office;therefore,it was assessed in 2005. She explained in 2006 staff was notified of the lease termination, and a refund of $2,745.12 is recommended. Commissioner Garcia moved to approve said petition, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WOOD ORIGINALS CUSTOM MOLDING: Ms. Churyk stated this property was double assessed due to a leased item being listed on a personal property declaration and the leasing company also reported it; therefore, a refund of$1,912.65 is requested. Commissioner Rademacher moved to approve said petition, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Rademacher moved to appoint Nancy Fox-Clement to the Extension Advisory Council, with a term to expire February 1, 2009. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Garcia moved to appoint Jacquelyn Crick to the Area Agency on Aging, with a term to expire January 31, 2010. Seconded by Commissioner Rademacher, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#408 -APOLLO, LLC, C/O KEVIN CONLON: Hannah Hippely, Department of Planning Services,stated staff has received an Irrevocable Standby Letter of Credit for the Improvements Agreement, in the amount of$184,80.00, which has been determined to be sufficient. Don Carroll, Department of Public Works, stated staff has reviewed the transportation matters, and recommends approval. In response to Commissioner Rademacher, Mr. Carroll stated the property is within the industrial park and will have access to County Road 9.5 and the 1-25 Frontage Road. Commissioner Garcia moved to approve said agreement,authorize the Chair to sign,and accept collateral. Seconded by Commissioner Rademacher, 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, August 27, 2007 2007-2763 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS lE fL��` WELD COUNTY, COLORADO ATTEST: fins _i1�� '/ ,� . 'pl ` EXCUSED =i• , David E. Long, Chair Weld County Clerk to the Bo• '""° F � EXCUSED ® William H. Je k -Tem BY: (jail Dep Clerk the Board Ci William Garcia Robert D. Masden, Actin Chair Pro-Tern glas ademacher Minutes, August 27, 2007 2007-2763 Page 5 BC0016 Hello