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Home My WebLink About20073102.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 3, 2007 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, October 3, 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, Acting Chair Pro-Tem Commissioner Robert D. Masden 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 October 1,2007,as printed. Commissioner Masden seconded the motion,and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on October 1, 2007, as follows: 1) Hearing to gain public input regarding adopting the County Road 24 Alternative Alignment Study. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Acting Chair Pro-Tem Garcia added New Item of Business #3) Consider Stipulation Concerning Excess Proceeds from Revenue Tax Sale of Taxpayer Assets and authorize Chair to sign. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2007-3102 BC0016 WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board: All Funds $735,853.88 Electronic Transfers - All Funds $197,533.08 Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner Rademacher seconded the motion, which carried unanimously. BIDS: PRESENT BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly read the names of five vendors which submitted a bid into record. The bid will be presented for approval on October 17, 2007. APPROVE SNOWPLOW BLADES BID-DEPARTMENT OF PUBLIC WORKS: Ms. Connolly stated staff recommends acceptance of the low bid from Wyalco Supply Company, in the amount of $29,853.50. Commissioner Rademacher moved to approve said low bid, based on staffs recommendation. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR RENEWAL OFATAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - J MONTES, INC., DBA EL RODEO NIGHT CLUB: Bruce Barker, County Attorney, stated all of the materials are in order for this renewal. Bill Wagoner, Sheriff's Office, stated there are no concerns regarding this establishment. Commissioner Masden stated he wants assurance the stipulation regarding Training for Intervention Procedures (TIPS)will be included in all liquor license resolutions from this point forward. Mr. Barker stated it will be added as a requirement; however, he has not created the Resolution with this addition yet. Commissioner Rademacher moved to approve said application for renewal and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER APPOINTMENT TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner Rademacher moved to appoint Dale Lyman to the Uniform Building Code Board of Appeals to replace Greg Thompson as the fire department representative, with a term to expire December 31, 2009. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER STIPULATION CONCERNING EXCESS PROCEEDS FROM REVENUE TAX SALE OF TAXPAYER ASSETS AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this stipulation has been presented by the Colorado Department of Revenue regarding the sale of Bubba's BBQ Restaurant. He explained when the company went out of business there was an outstanding amount of taxes due. Mr. Barker explained ordinarilly this process would go through court and the Internal Revenue Service (IRS)would normally profit more than any other entity,followed by the State Department of Revenue, and the rest would be divided among the remaining entities. He further explained, in this instance,the IRS has agreed to first pay off the State Department of Revenue; however, there is not much left for the remaining entities, including the City of Greeley and Weld County. Mr. Barker explained in relation to business personal property tax, the County normally comes out at the end of the division, and this stipulation will keep the County out of court and allow more money to be directed to the Colorado Department of Revenue than it generally would receive. In response to Commissioner Rademacher, Mr. Barker stated the real estate sale taxes will go through the tax sale process. Mr. Barker explained he is not certain if this company's real estate taxes were delinquent, and if they were, the real estate tax sale process will occur. He further explained in personal property situations the County can take action by seizing the property or taking private action against the company through court; however, in this instance the County is claiming only$3,600.00, and the money will go to the State rather than the IRS. Commissioner Rademacher moved Minutes, October 3, 2007 2007-3102 Page 2 BC0016 to appoint said stipulation concerning excess proceeds and authorize the Chair to sign. Seconded by Commissioner Masden, 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 9:20 a.m. BOARD OF COUNTY COMMISSIONERS �,,f WELD COUNTY, COLORADO R ATTEST: i"t= w a EXCUSED ' David E. Long, Chair Weld County Clerk to the Board 4. R )4, ;;%.,,Y 1. EXCUSED V ``" William H. Jerk ro-Tem B 1 e2 B( CZ �/De ty Cle to the Boar Will m F. Garcia, Acting Chair Pro-Tem h_ Robert D. Masden Douglas ademacher Minutes, October 3, 2007 2007-3102 Page 3 BC0016 Hello