HomeMy WebLinkAbout20062224.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 14, 2006
TAPE #2006-30
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 14, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 9, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on August 8, 2006, as follows: 1) Violation Hearings; and on August 9, 2006: 1) PZ#1110 -
Charles and Teresa Hefter; 2) PF#1095-White Wolf, LLC, do Mary Barstow. Commissioner Masden
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 Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, PUBLIC WORKS DEPARTMENT-DALE ELLIOTT: Chair Geile read the
certificate into the record, recognizing Dale Elliott for 30 years of service with the Department of Public
Works. Frank Hempen, Director of Public Works, stated Mr. Elliott became the Service Branch Head for
the Bridge Department in June of 1979, the Bridge Construction Foreman in August of 1983, the Bridge
Division Supervisor in 1992, and was responsible for bridge construction, maintenance, and capital
2006-2224
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(9,--4,747/-06.
some of the things that set him apart from others are: Mr. Elliott has always been a problem solver and a
person of great perseverance in his work and supervision of employees,he demonstrated pride in the work
he has accomplished, he has been a leader in the organization and a person that could be depended on,
and he has been a strong supporter of people and always demonstrated concern for people. He stated
Mr. Elliott helped move Public Works forward and has given a foundation for the Department to work from
in the future. He further stated Mr. Elliott will be greatly missed, is a man of great character, and that
Mr. Elliott will always be welcomed back in the Department. Mr. Elliott thanked the County for the 30 years
he has worked in the Department. He stated he has worked with some of his foremen for 25 years and
commended them and wished them and everyone in the Department the best. Commissioner Jerke
expressed his appreciation to Mr. Elliott for his 30 years of service and stated it is rare that an individual
stays with an employer such a significant period of time and even rarer when the individual does a fantastic
job for that length of time. He stated the bridge system in Weld County is tremendous and that Mr. Elliott's
institutional knowledge is irreplaceable. Commissioner Masden thanked Mr. Elliott for his contribution to
Weld County and wished him good luck. He stated it is nice to see him going someplace where he will
enjoy his retirement and it is great to see him achieve a lifetime goal. He further stated the road and bridge
system we have in Weld County is possible because of individuals like Mr. Elliott and he thanked him for
his time, dedication, effort, and for raising and maintaining the Weld County standards. Commissioner
Vaad expressed his appreciation to Mr. Elliott and stated management at times represent their
departments to the public and Mr. Elliott has done that well and worked through problems that may have
stopped normal construction progress,for example, last week there were calls regarding utility issues with
the project on Weld County Roads 5 and 40.5 and Mr. Elliott moved the project along by moving the crew
to a different part of the project where they worked until the utility issue was resolved and a call was made
by a constituent complimenting the job the crew did on the project. He stated Mr. Elliott and the entire
Department of Public Works has demonstrated flexibility, for example, when the Department took calls
regarding snow and ice that were not usually handled by construction individuals. He stated Mr. Elliott
represents the County Commissioners and his colleagues well and has earned his retirement. Chair Geile
thanked Mr. Elliott for his help and support putting together the Strategic Plan and for the input he
provided, and stated he can view it as helping to create an important and futuristic document. Chair Geile
stated he is impressed with the Department's professionalism. He stated there have been few complaints
and those that did arise were quickly resolved. He wished him a great retirement and stated the County
will never forget the work he has done. Chair Geile requested a standing ovation be given to express the
County's appreciation to Mr. Elliott.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $714,994.91
Commissioner Long moved to approve the warrants as presented by Ms. Connolly. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LYLE GILLETT: Mike Sampson,
Assessor's Office, stated he spoke to Lyle Gillett, property owner, a few weeks ago and he asked that
information be submitted demonstrating that the lot in the Great Divide Business Park was being used for
agricultural and not commercial purposes. He stated he received a response from Henery Johnston,who
farms the property, that indicated Mr. Gillett was using the property for farming; however, it does not meet
the requirements for proving how the land is being used. He stated he then sent a letter to Mr. Gillett
including the ways to satisfactorily demonstrate agricultural use of property, including providing a copy of
the lease agreement, the 1040 and1040F forms from the Internal Revenue Service, sales invoices for
Minutes, August 14, 2006 2006-2224
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agricultural products or livestock which could include seed and water, account balance sheets, brand
inspections, and profit and loss financial statements. He stated if this information was provided he would
take a second look at the request; however, at this time the Department recommends denial because the
documentation needed has not been provided. In response to Chair Geile, Mr. Sampson stated the value
of the property for 2005 was $99,317.00, or$1.14 per square foot, whereas, the agricultural value would
be$79.85 per acre,for a total of$159.70. Mr. Gillett stated he believes the decision to not tax his property
as agricultural land is due to an error. He stated in 2004 he purchased the two-acre parcel and in 2005
paid taxes in the amount of$9.92; later in 2005 the developer discovered he had not dedicated enough
land to satisfy the easement requirements for Weld County Road 12 and had to replat and widen the
property boundaries to give Mr. Gillett a full two acres. He further stated in 2005 he did not receive a
notice of valuation nor did he receive a tax bill in 2006, therefore, he called the Assessors Office and
received a corrected bill in the amount of$2,930.06. Mr Gillett believes there was a clerical error because
in 2005 a County employee contacted him to ask what zoning he thought his parcel was and how much
he paid for the property, and he stated data may have been lost and the file may have been reconstructed
from the informal phone call. He stated he purchased the property as agricultural with the understanding
he could build a business on the land or sell the land in the future for commercial purposes, in which case
the zoning would then change. He further stated the remaining vacant lots in the Grand Divide Business
Park are zoned agricultural. Mr. Gillett stated, in conclusion, with all the replating occurring in the Grand
Divide Business Park he believes his lot was confused with another lot or the Department lost the
information and tried to reconstruct it from the informal phone call. He further stated he contacted
Mr. Johnston, who has farmed and continues to farm the entire Grand Divide Business Park, and has
provided a copy of a signed statement that Mr. Gillett's two acre parcel is part of the acreage he farms,
however, they have no formal agreement. In response to Commissioner Vaad, Mr. Sampson stated the
remaining vacant lots in the Grand Divide Business Park are being assessed as agricultural and repeated
the list of items that would provide the necessary documentation to demonstrate the land is being used
for agricultural purposes, stated the letter from Mr.Johnston is not sufficient,and the issue the Department
has is the lack of documentation. Mr. Sampson stated the Assessor's Office does not determine the
zoning and the phone call to Mr. Gillett would not have affected the zoning determination. He stated the
Great Divide Business Park was platted and once that occurs, the zoning changes. Mr. Gillett stated he
still believes an error occurred because his lot is the only vacant lot in the Great Divide Business Park that
had a zoning change. Commissioner Jerke stated if it is accurate that the rest of the vacant lots in the
Great Divide Business Park are taxed as agricultural and there is a letter from the individual who farms the
land, then the Board owes it to the land owner to grant the abatement even if the documentation is not
exactly what was requested. Commissioner Jerke stated there was a similar land case in southwestern
Weld County and he would support granting the abatement. Commissioner Vaad stated the property is
being farmed; however, the assessor needs specific documentation to verify this and Mr. Gillett should be
able to provide documents from the list provided. He stated he is not comfortable granting the abatement
at this time and if the Board denies the abatement,the respondent still has the right to appeal the decision.
Commissioner Long suggested the Board could pass the abatement with conditions. Bruce Barker,
County Attorney, stated it has been done in the past, specifically when the Assessor's Office has required
additional information. Chair Geile stated adequate evidence has been presented that the property is
being farmed and he feels there is enough evidence to grant the abatement. Commissioner Jerke moved
to approve said petition. Seconded by Commissioner Masden,the motion carried 4-1,with Commissioner
Vaad in opposition to approving the petition.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FIRST NATIONAL BANK OF
YUMA, DBA COLORADO COMMUNITY BANK: Mike Sampson,Assessor's Office,stated the Department
requests approval of this petition because the value was lowered in 2006 based on actual verified costs.
Commissioner Vaad moved to approve said petition based on staff's recommendation. No representatives
Minutes, August 14, 2006 2006-2224
Page 3 BC0016
of Colorado Community Bank were present. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ACE HARDWARE - THOMAS
FAMILY, INC.: Tim Seador, Assessor's Office, stated the Department is recommending approval due to
a data entry error on the Department's part, the amount that was entered for a security system was an
accumulation of several line items and not the accurate cost of the security system . No representatives
of Ace Hardware or Thomas Family, Inc. were present. Commissioner Jerke moved to approve said
petition based on staff's recommendation. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ASPEN HOMES OF COLORADO,
INC.: Chris Woodruff, Assessor's Office, stated this business moved out of Weld County in February of
2004; however, the company did not inform the Assessor's Office of the move and the County had not
removed the company from the tax role. He stated the company is on Larimer County's tax role as well
and a Certificate of Occupancy in Loveland has been provided; therefore, an abatement is requested in
the amount of$4,749.14, including the fee for the declaration penalty. No representative of Aspen Homes
was present. Commissioner Long moved to approve said petition based on staff's approval. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER AMENDMENT#1 TO VOTING SYSTEM AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
DIEBOLD ELECTION SYSTEMS, INC.: Steve Moreno, Clerk and Recorder, stated he would defer to
Mr. Barker for the explanation of the amendment. Mr. Barker stated Mr. Moreno received some AVPM
double carry cases for the voting machines and they were half the cost of the single carry cases, and as
a result, there was a cost savings that allowed for the purchase of four new machines; therefore, the
contract with Diebold needs to be amended to reflect the double carry cases are being kept by the County.
Commissioner Vaad moved to approve said agreement. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-REALAUCTION.COM,
LLC: Mr. Barker stated this agreement is for the purpose of a Tax Sale online, and at the end the County
will be billed$5.00 for each tax certificate sold during the auction. He stated it has seemingly worked well
for other counties. Commissioner Masden moved to approve said agreement. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER SMALL TRACT AGREEMENT FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN - BRIGHT STAR ENERGY SERVICES, INC.: Mr. Barker stated that tracts less than five acres are
not put up for auction and the County requires $210.00, which has been provided, and approval is
recommended. Commissioner Long moved to approve said agreement. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO ADJOURN
AS BOARD OF EQUALIZATION FOR CALENDAR YEAR 2006: Mr. Barker stated this Resolution
concludes the Board of Equalization for the year. Commissioner Masden moved to approve said
Resolution. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Long moved
to approve said appointment of Wendy Rich-Goldschmidt to the Juvenile Community Review Board to
replace Michael Guthrie as the alternative representative. Seconded by Commissioner Vaad, the motion
carried unanimously.
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CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Long moved to approve said
appointment of Lorna Losh to the Area Agency on Aging Advisory Board. Seconded by Commissioner
Jerke, the motion carried unanimously.
SECOND READING OF ORDINANCE#2006-6, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 20 ROAD IMPACT FEES, OF THE WELD COUNTY CODE:
Commissioner Vaad moved to read Ordinance#2006-6 by title only. Seconded by Commissioner Masden,
the motion carried unanimously. Mr. Barker read the ordinance by title. There was no public input. In
response to CommissionerJerke, Perry Eisenach, Department of Public Works , stated the definitions for
Commercial Use, Dairy, Heavy Manufacturing, Light Manufacturing,and Kennels were added to the code,
language that with the impact fees will increase every year based on the Denver-Boulder Consumer Price
Index, and the fees are included in the fee table for each definitions. In response to Chair Geile,
Mr. Eisenach read the new fees to the Board. Commissioner Masden commented the heavy
manufacturing fees are less than the fees for a dairy barn. Mr. Eisenach stated the fees were derived from
the formulas in the Duncan study and traffic data in the ITE manuals that are used to estimate traffic
volumes from various facilities and the reason that the fees for heavy manufacturing are so low is that
generally those facilities are very large buildings; however, they have less traffic than smaller facilities in
other types of industries. Chair Geile stated the option of doing a traffic study to verify the numbers exists.
Commissioner Jerke stated the fee schedule automatic cost of living increase is reflects an increase for
inflation and in the recent past only about a one percent increase occurred and perhaps the code should
be written to accommodate a deflation adjustment as well. Commissioner Vaad stated if it is tied to the
index the rate could go down. Commissioner Jerke stated the language should state annually adjust,
rather than annually increase. There was no public input. Commissioner Vaad moved to approve second
reading of Ordinance 2006-6, with the modification. 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 10:00 a.m.
�. E / k BOARD OF COUNTY COMMISSIONERS
a WELD Cr' NTY, COLORADO
ATTEST: " tedi t 1tbt tdi' * t:
, Chair
Weld County Clerk to the Board � • n 4
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- ",..,_".- David E. Long, Pro-Tem
BY: -1 r-t-c i'?�-
Dep Clerk t the Board
Willia H Jerke ' 1,
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Minutes, August 14, 2006 2006-2224
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