HomeMy WebLinkAbout20062105 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 2, 2006
TAPE #2006-28
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 2, 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 - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 31,2006,as printed. Commissioner Long seconded the motion, and it 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 Long seconded the motion, and it carried unanimously.
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 $379,233.15
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
2006-2105
BC0016
BIDS:
PRESENT DELINQUENTTAX LIST ADVERTISEMENT BID-TREASURER'SOFFICE: Pat Persichino,
Director of General Services, read the name of the sole vendor who submitted a bid into the record. Said
bid will be considered for approval on August 16, 2006.
PRESENT COPIER FOR SOCIAL SERVICES MAIL ROOM BID-DEPARTMENT OF SOCIAL SERVICES:
Mr. Persichino read the names of the eight vendors who submitted a bid into the record. Said bid will be
considered for approval on August 16, 2006. Mr. Warden clarified that a new copy machine will be
purchased, rather than leased, and yearly maintenance costs for a total of five years are included with the
bid proposals. In response to Commissioner Masden, Mr.Warden stated it is more economically feasible
within the current industry to purchase the machine rather than lease the machine. He further stated the
County has leased copy machines in the past from a company that soon after went out of business,
therefore, it caused problems obtaining maintenance service.
NEW BUSINESS:
CONSIDER CERTIFICATION OF COMPLIANCE FOR COLORADO SENATE BILL #06-090 AND
AUTHORIZE CHAIR TO SIGN: Roy Rudisill,Office of Emergency Management,stated Senate Bill#06-090
requires written confirmation from local governments certifying cooperation with federal officials on matters
of immigration status. He stated Weld County must be in compliance with the stated requirements in order
to receive financial assistance through grants administered by the Department of Local Affairs. He further
stated the County will be required to report the number of immigration contacts made every year,and there
must not be any Ordinances or procedures which prohibit County officials from communicating with
Immigration officials. Bruce Barker, County Attorney, stated the Sheriffs Office drafts a yearly notice of
immigration contracts completed,and it will be provided to the Board for signature in February of every year,
in order to comply with the necessary requirements. Mr. Rudisill stated policies and procedures have
already been drafted for the officers who complete patrol duties. Mr.Warden clarified that if the certification
is not signed by the Chair and sent back to the Department of Local Affairs,all grant funding will be stopped,
including Homeland Security and Energy Impact Assistance Grants. In response to ChairGeile,Mr. Rudisill
stated several new immigration laws have been passed within the past few months, and this certification
opens the lines of communication between local governments and federal officials. Commissioner Masden
moved to approve said certification and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SUPER AMERICA, LLC: Mike
Sampson,Assessor's Office,stated the property consists of a gas station and convenience store, and the
property was recently sold for a value of approximately$900,000.00, as a part of a group of transactions
which took place at the same time. He stated it is difficult for staff to compare the value to similar properties
since it was not sold separately,and the sale price was based upon income potential. He further stated the
petitioner requested the value be reduced to$750,000.00; however,staff believes a value of$768,000.00
is appropriate. Mr.Sampson stated the petitioner will receive a rebate of$1,391.00. Commissioner Masden
moved to approve said petition in part, based upon staffs recommendation. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CARBON VALLEY, LLC:
Mr.Sampson stated staff was not aware that Carbon Valley Academy leased an adjacent parcel of property,
and the parcel is exempt since it is utilized for educational purposes. Commissioner Long moved to
approve said petition, based upon staffs recommendation. Seconded by Commissioner Masden, the
motion carried unanimously.
Minutes, August 2, 2006 2006-2105
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- ROXYVENDENA: Mr. Sampson
stated staff recommends denial of the 2004 petition since the account did not exist in 2004. He stated the
property is zoned commercial, and the petitioner would like the property to be assessed at the agricultural
rate for 2005 since composting activities take place on the site. He further stated the petitioner is not
requesting the value of the property be reduced,and the same rate would be assessed for either agricultural
or commercial purposes. Mr. Sampson stated staff does not believe the property is used for agricultural
purposes; therefore, it should not be assessed agriculturally. In response to Chair Geile, Mr. Sampson
stated the property is approximately eight acres in size. Commissioner Masden moved to deny said
petition, based upon staffs recommendation. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE PROGRAM AND AUTHORIZE CHAIR TO
SIGN-VICTIM'S ASSISTANCEAND LAW ENFORCEMENT BOARD: JoAnn Holden, District Attorney's
Office,stated the Victim's Assistance and Law Enforcement(VALE)Board awarded a grant, in the amount
of$91,300.00, which is a seventeen percent increase over the amount awarded the previous year. In
response to Commissioner Masden, Ms. Holden stated every criminal case within the judicial system
includes a victim's assistance surcharge within the fees, and the VALE Board meets yearly to determine
how the collected fees will be divided. Commissioner Masden moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RENEWAL OF 3.2 PERCENT BEER LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-
MARY JENSEN,DBAHIGHLANDLAKE,INC.: Bruce Barker, County Attorney,stated the Sheriffs Office
noted no concerns with the renewal, and he recommended approval. Commissioner Vaad moved to
approve said renewal and authorize the Chair to sign. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDERAMENDMENTTO401(K)SAVINGS PLAN AND AUTHORIZE CHAIRTO SIGN-PRINCIPAL
FINANCIAL GROUP: Mr.Warden stated the amendment will bring the County's 401(k)plan into compliance
with the Internal Revenue Service regulations which were amended December28,2004. He stated several
of the changes are not applicable since the County is a public entity. He further stated the hardship
withdrawal has been modified to include funeral expenses, medical expenses,and certain expenses related
to the repair of a residence. Mr. Warden stated employer contributions are not made by the County,and
enrollment in the plan is not automatic since an employee must choose to enroll in the plan. He stated
government entities are exempt from Highly Compensated Employee deferrals, and the County does not
participate in Roth Elective deferral contributions. Mr.Warden stated the County keeps a standard 401(k)
plan so that specific amendments are not necessary, and to keep the associated costs down.
Commissioner Masden moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER APPOINTMENTS TO THE COMMUNITY CORRECTIONS BOARD: Commissioner
Vaad moved to appoint Brett Reese and James Burack to the Community Corrections Board,with a term
to expire August 1, 2009, and no term expiration, respectively. Seconded by Commissioner Long, the
motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR FOUR-LOT RECORDED
EXEMPTION,RE#3966-EDWARD AND EILEEN FRITZLER: Don Carroll, Department of Public Works,
stated all improvements regarding the internal road and culdesac access have been completed. He stated
staff has been working with the applicant regarding drainage, and the release of collateral, in the amount
of$3,126.00, is recommended. Commissioner Vaad moved to approve said cancellation and release of
collateral. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, August 2, 2006 2006-2105
Page 3 BC0016
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 9:40 a.m.
BOARD OF C UNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: Mill a ' ,
Weld County Clerk to the B. �d j(çfr °
l" w(? r iskai
O1 ` David E. Long, Pro-Tem
BY.
Depu lerk t. he Board EXCUSED
Willi H. Jerke
Robe D. Mas en
Glenn Vaad
Minutes, August 2, 2006 2006-2105
Page 4 BC0016
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