HomeMy WebLinkAbout20071376.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 14, 2007
TAPE #2007-13
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, May 14, 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
Commissioner William H. Jerke, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of May 9, 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 May 8, 2007: 1) Violation Hearings; and on May 9, 2007: 1) USR #1574 - New
Hope Family Christian Church, do Reverend Jackson Sherwood; and 2) USR #1594 - Swift Beef
Company, Attn: John Hulse. 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL LAW ENFORCEMENT OFFICERS WEEK - MAY 12-19, 2007; PEACE OFFICERS
MEMORIAL DAY- MAY 15, 2007: Chair Long read the certificate into the record, proclaiming May 12-19,
2007, as National Law Enforcement Officers Week; and May 15, 2007 as Peace Officers Memorial Day.
J.D. Broderius, Sheriffs Office, thanked the Board for their open support of the Department.
Commissioner Rademacher thanked the officers of the Sheriff's Office. Chair Long stated some parents
teach their children to be afraid of police officers, or people in uniform, and parents need to teach their
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children that those individuals are there for their protection, and that law enforcement officers deserve our
respect. Commissioner Masden thanked the Sheriff's Office, not only as an elected official, but also as a
citizen. He stated the officers place their life on the line every day as there is inherent danger in their jobs
and in protecting citizens. He further stated the Sheriff's office does a tremendous job and he appreciates
their service.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $760,683.66
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER INTERGOVERNMENTAL CONTRACT FOR TEEN TRAFFIC SAFETY PROJECT AND
AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION (CON'T FROM
5/9/07): Ken Poncelow,Sheriffs Office, stated the grant process has changed at the Colorado Department
of Transportation (CDOT); therefore, although the grant has already been approved by the Board, the
contract needs to be signed by the Chair. He stated the grant is for a program which rewards highschool
students with gift cards for wearing their seatbelts, and conducts ice-cream socials, at which time children
submit seatbelt pledges. He explained recently there was a school at which one hundred percent of the
students submitted pledges to wear their seatbelts. He further stated this year staff will approach workers
in the fields with a hospital healthcare group, and Catholic Charities Northern will play a video for the field
workers, in an effort to deter drunk driving and promote wearing seatbelts. Commissioner Masden moved
to approve said contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN-CURTIS AND CELESTE HURD,JR.: Leon Sievers, Department of Public
Works, stated this is the first of 17 temporary construction easements for the Weld County Road 13
Strategic Road Project. He stated the property is located on the west side of Weld County Road 13 and
north of Weld County Road 10. He further stated the County is acquiring 1,675 square feet of easement
for$300.00. Mr. Sievers stated there will be no reimbursement costs for this easement. Commissioner
Masden moved to approve said temporary construction easement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN - JAMES AND EMMA BLANK: Mr. Sievers stated this is the second
temporary construction easement for the Weld County Road 13 Strategic Road Project, and the property
is located on the west side of Weld County Road13 and north of Weld County Road 10. He stated the
County is acquiring 900 feet of temporary construction easement and the cost will be$300.00. He further
stated there will be no additional costs for this temporary construction easement. Commissioner Masden
moved to approve said temporary construction easement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN -MICHAEL SUDYKA: Mr. Sievers stated this is the third easement for the
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Weld County Road 13 Strategic Road Project, and the property is located on the west side of Weld County
Road 13 and north of Weld County Road 10. He stated the County is acquiring 900 square feet of
easement. He further stated there is no additional cost for this easement; therefore, the total cost of
acquisition will be $300.00. Commissioner Garcia moved to approve said easement and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN - REAL COMPANY, LLC: Mr. Sievers stated this is the fourth temporary
construction easement for the Weld County 13 Strategic Road Project, and the property is located west
of Weld County Road 13 and north of Weld County Road 10. He stated the County is acquiring 1400
square feet of easement for$300.00,and there will be no other costs to the County regarding this property.
Commissioner Masden moved to approve said easement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 3 AND 1.5- EUREKA LAND AND CATTLE COMPANY: Mr. Sievers stated
this is the eleventh parcel of seventeen being acquired for the Weld County Road 3 and 1.5 Project, and
the property is located east of Weld County Road 3, between Weld County Roads 10 and 10.5. He stated
the County is acquiring 1,363 acres of right-of-way, between three different parcels, and the cost will be
$22,547.00, which is approximately $16,500.00 per acre, based on an appraisal report done by Messig
Bowes. He further stated the County will also be reimbursing the owner $900.00 for three separate
easements, and $1,000.00 for crop damage, for a total of$24,447.00. Commissioner Masden moved to
approve said agreement. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RESOLUTION RE: CONSENT TO REFINANCING OF US CABLE OF COASTAL- TEXAS,
L.P.: Bruce Barker, County Attorney, stated US Cable of Costal - Texas, L.P. has cable television
franchises throughout the County for small areas around the Towns of Ault, Eaton, Keenesburg, Gilcrest,
and other various locations. He stated the total number of subscribers is less than 300. He further stated
the Board has been through this process once before with this company, and this is basically a request
to refinance from US Cable of Coastal -Texas, L.P., and a lien will be placed on the company's property.
He explained that Section 27.1 of the Franchise Agreement states the Board is to consent to any type of
refinancing, and he recommends the Board give its consent. In response to Commissioner Masden,
Mr. Barker stated Cyndy Giauque, Assistant County Attorney, has provided a memorandum, and on
Page 3 it states "a mortgage in any manner shall require the Board's consent" from the Franchise
Agreement, and this statement has been interpreted to include any refinancing. He stated the County may
not have much interest in this, and the form may be altered in the future. Mr. Warden explained the
franchise agreement originally included the statement because the County wanted to make sure the
company was financially stable, and at one time the County also required bonding. Mr. Barker stated in
the past many companies did not seek consent from the County regarding refinancing; however, this
company is very conscientious about doing so. Commissioner Rademacher moved to approve said
Resolution. Seconded by Commissioner Garcia, the motion carried unanimously.
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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#401 -STAGECOACH PARTNERS, LLC, C/O
FLOYD AND KATHARINE OLIVER: Kim Ogle, Department of Planning Services,stated staff has received
a Letter of Credit for improvements for Site Plan Review #401, and collateral is in the amount of
$173,060.00. He stated staff has determined the amount is sufficient. In response to Commissioner
Masden, Mr. Ogle stated the project is in the Western Dairyman Cooperative, is located adjacent to
Centennial Bank,and the projects include landscaping and improvements to curbs,gutters,and sidewalks.
In response to Commissioner Masden, Jessie Hein, Department of Public Works, stated the Department
has reviewed the project's engineering, and staff will be overseeing the curb and gutter improvements.
Commissioner Masden moved to approve said agreement, authorize Chair to sign, and accept collateral
for Site Plan Review, SPR #401. 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.
Clerks Note: Upon adjourning the meeting, Richard Ewald, who missed the public input portion of the
meeting, was permitted to address the Board. Mr. Ewald stated there are problems in the City of Denver
with the legislature failing to live up to the Colorado Constitution. He stated the latest example of this is
the new tax assessment this year, which are in violation of the Gallagher Amendment and contrary to the
intent of the Taber Act, due to the government freezing a 7.96 percent tax rate for eleven years. He further
stated each year this tax will compound as the property values rise; however, according to the Gallagher
Amendment,the 7.96 percent rate will be reduced when the assessments increase, in order to avoid large
tax burdens. Chair Long stated the Board shares Mr. Ewald's frustration with the new tax assessment;
however, many commissioners are in favor of it. Mr. Ewald stated if a tax assessment is in violation of the
State Constitution, elected officials have a responsibility to uphold the law. Chair Long stated the tax
assessment will likely be challenged in court. In response to Mr. Ewald, Chair Long stated there is nothing
the Board can do, politically, to change the assessment, since it has gone through the legislature and the
governor has signed it. Mr. Ewald stated several years ago vouchers of violation of Taber were passed,
and the Homestead Exemption Bill was killed, which is in violation of the Constitution. He stated there
does not seem to be a watchdog for the public, and he cannot afford to do it. Chair Long stated people
need to elect officials who will uphold the law, and if one disagrees with an elected official he/she needs
to vote against them in the next election. Mr. Ewald stated the Board has more leverage than he does,
and he would like them to write a letter expressing their opposition to the new tax assessment.
Commissioner Garcia stated the next step is for a case to by brought challenging the constitutionality of
the governor and the legislature's action, and the judicial branch will make the decision. He further stated
he believes an action will be brought on this matter, and whoever brings the action will need Mr. Ewald's
assistance in the form of writing letters to newspaper editors and providing monetary donations.
Commissioner Masden stated he shares Mr. Ewalds belief that this tax adjustment is against the
constitution and it should be taken to a vote of the people under the Taber Act. He stated the Attorney
General, John Suthers, expressed he felt the adjustment was unconstitutional, since it is a tax increase.
In response to Commissioner Masden, Mr. Ewald stated he lives in Jim Riesberg's District. Commissioner
Masden stated that is where Mr. Ewald needs to start. Mr. Ewald stated he has already spoken to
Mr. Riesberg and others to no avail. He further stated this tax assessment affects everyone in Colorado.
Commissioner Masden concurred with Mr. Ewald that the law will affect everyone in the State. Mr. Ewald
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stated he has a 15 percent assessment and some of his neighbors have a 4 percent assessment. He
stated other neighbors had lower taxes,including a$16,000.00 deduction for one surrounding homeowner.
He stated he is not here to speak about his situation, in particular, he is here to address the violation to
the Constitution. Chair Long stated the effort needs to be at the grassroots level, and if Mr. Ewald does
not agree with the way the representatives are voting, he needs to elect a representative who shares his
values, and articulate the consequences of the new tax assessment to his neighbors. He further stated
the Board's opportunity to influence the representatives is before they vote,and the representatives do not
always vote in the same direction as the Board would like them to. Mr. Barker advised Mr. Ewald that he
may appeal the assessed value of his property. Mr. Ewald stated he has already contacted the Assessor's
Office. Mr. Barker stated if the Assessor does not approve the appeal, it will be brought before the Board.
He further stated if the Board denies the appeal, an appeal may be made at the Board of Assessment
Appeals in Denver and, typically, constitutional issues may be raised at this time. Chair Long stated
appealing his assessment is a way Mr. Ewald can be involved in fighting the issue. He thanked Mr. Ewald
for his comments, and reiterated the Board shares his frustration on this matter.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: Milli
f\David E. Long, Chair
Weld County Clerk to the Board
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Robert D. Masden
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Minutes, May 14, 2007 2007-1376
Page 5 BC0016
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