HomeMy WebLinkAbout20060978.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 3, 2006
TAPE #2006-13
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, April 3, 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, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of March 29, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on March 29, 2006, as follows: 1) PZ#1090- Ridgeview Farms, LLC, do Casseday Creative
Designs; and 2) USR #1541 - Great Western Oil and Gas Company, do William G. Crews, CPL.
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 Masden moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-0978
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$1,810,514.75
Electronic Transfers -All Funds $1,253,838.49
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DIAMOND SHAMROCK STATIONS,
INC. (2396786)(CONTINUED FROM 03/27/06): Mike Sampson,Assessor's Office, stated the property is
located at 2720 35th Avenue,within the City of Greeley, and the Assessor's current value of the property
is $186,700.00; however, the petitioner provided an appraisal which lists the value of the property at
$250,000.00. He further stated the appraisal value is greater than the Assessor's value; therefore, staff
recommends denial of the petition. In response to Chair Geile,Mr.Sampson stated values were placed on
each of the gas stations operated by Diamond Shamrock relative to location and competition; therefore,
staff does not recommend an increase of the value to match the appraisal. Commissioner Jerke moved
to deny said petition,based upon staffs recommendation. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DIAMOND SHAMROCK STATIONS,
INC. (3630886) (CONTINUED FROM 03/27/06): Mr. Sampson stated staff recommends denial of the
petition. He stated the petitioner requested the value of the property be set at$37,900.00; however, no
documentation was submitted. In response to Commissioner Jerke, Mr. Sampson stated the property is
located at 2730 23rd Avenue, within the City of Greeley, and the value of the property is approximately
$180,000.00. In response to Chair Geile,Mr.Sampson stated the value includes land and improvements.
Commissioner Jerke moved to deny said petition, based upon staffs recommendation. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DIAMOND SHAMROCK REFINING
AND MARKETING COMPANY, LESSEE(4060986)(CONTINUED FROM 03/27/06): Mr.Sampson stated
the property is located at 113 North 2nd Street,within the Town of LaSalle, and the petitioner requested a
value of$59,600.00. He stated the Assessor's current value is$85,150.00,and staff recommends denial
of the petition,since no supporting documentation was submitted. Comm issioner Jerke moved to deny said
petition, based upon staffs recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-TPI PETROLEUM, INC.(6167586)
(CONTINUED FROM 03/27/06): Mr.Sampson stated the property is located within the City of Fort Lupton,
and the Assessor's current value of the property is $127,890.00; however, the petitioner is requesting a
value of$89,500.00. He stated staff recommends denial of the petition,since no supporting documentation
was received. Commissioner Vaad moved to deny said petition, based upon staffs recommendation.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FORABATEMENTOR REFUND OF TAXES-TPI PETROLEUM, INC.(5578586)
(CONTINUED FROM 03/27/06): Mr.Sampson stated the property is located at 3979 State Highway 119,
with the City of Longmont, and the Assessor's current value of the property is $93,000.00; however the
petitioner is requesting a value of$65,400.00. He stated staff recommends denial of the petition,since no
Minutes, April 3, 2006 2006-0978
Page 2 BC0016
supporting documentation was provided. Commissioner Long moved to deny said petition, based upon
staffs recommendation. Seconded by Commissioner Jerke, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- MARY FRANCES BUCHHOLZ:
Mr. Sampson stated the improvements located on the property were double-assessed with another
account; however,the property is utilized as farmland, and staff recommends approval of the abatement.
Commissioner Jerke moved to approve said petition, based upon staffs recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-LYLEALBERTSAND DOROTHY
ALBERTS: Mr. Sampson stated a warranty deed was recorded in February 2005 when the property was
sold to the Morgan County REA,and the property is now tax-exempt;therefore,staff recommends the taxes
be pro-rated for year 2005. In response to CommissionerJerke,Mr.Sampson stated the property was sold
to Morgan County REA on January 31, 2005; however,the property owner was taxed for the entire year of
2005, which is an improper assessment. In response to Commissioner Jerke, Mr. Sampson stated the
property is now state-assessed. In response to Mr.Warden,Mr.Sampson stated the proration should have
taken place at the closing of the property; however, the taxes were paid for the entire year of 2005. He
further suggested the matter be continued for one week in order to collect more information regarding the
petition. Commissioner Jerke moved to continue said petition to April 10,2006,at 9:00 a.m., based upon
staffs recommendation. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JEFFREY AND LAURA
RICHARDSON: Mr.Sampson stated a letter was received from Attorney Brad Laue, representing Jeffrey
and Laura Richardson. He stated improvements were completed on the property in the late 1990's;
however,the property was mistakenly taxed as vacant land through year 2004. He stated State law allows
for the collection of taxes in arrears for omitted property; however,the petitioners do not believe the property
was omitted, since taxes were paid on the land, although there were no improvements included.
Mr.Sampson stated discussion has taken place between Mr. Laue and CyndyGiauque,Assistant County
Attorney,regarding this petition,and Ms.Giauque stated it is proper to treat the property as omitted property;
therefore,staff recommends denial of the abatement. (Changed to Tape#2006-14.) Brad Laue stated he
disagrees with the court case referenced by Ms.Giauque. He stated the property was assessed as vacant
land for several years, and the Assessor's Office adjusted the taxes due for the property and completed
improvements for years 2003 and 2004. He summarized Section 39-5-125, C.R.S.,which states that the
discovery of taxable property omitted from the assessment roll shall be corrected and listed in the year that
the discovery was made, with notification to the Treasurer of unpaid taxes for prior years. Mr. Laue
reiterated the property was not left off of the assessment roll, since it was assessed as vacant land;
however, the property was improperly assessed. He stated if the assessment of a property is listed
incorrectly, it cannot be reassessed in arrears. He further stated the petitioner was not aware the
assessments were incorrect until the matter was brought to his attention when he refinanced his home.
Jeff Richardson, petitioner, stated he has lived on property for approximately five years, and the property
has been refinanced two times. He stated he contacted the Assessor's Office to obtain the necessary
paperwork to send to the mortgage company for the second refinance,and at that time he was notified that
the property was classified as vacant land. He stated the taxes had been paid through escrow for the
previous five years,therefore, he was not aware of how the property was classified. He further stated the
Assessor's Office sent staff to reassess the land and he is now being charged for back taxes he was not
aware of. Mr. Laue stated the Mr. Richardson is willing to pay the current taxes due; however, it is not the
property owner's duty to ensure the property is taxed correctly as the Assessor's Office has implied. In
response to Commissioner Vaad, Mr. Richardson stated he received a small tax refund from the escrow
agent upon the second refinance of the home, and he has made three payments out-of-pocket. Further
Minutes, April 3, 2006 2006-0978
Page 3 BC0016
responding to Commissioner Vaad, Mr. Richardson stated his escrow agent never submitted a refund
check for the overpayment of escrow. Mr. Laue stated there were no overpayments since the property was
assessed as vacant land and paid at the specified rate.
Mr. Sampson stated the Assessor's Office may correct the amount due for six years previous to the
discovery;however,an adjustment has only been requested for the years of 2003 and 2004;therefore the
petitioner will not owe extra for years 1998-2002. He stated the notice of value states whether the land is
vacant or if improvements are located on the property. He further stated the Assessor's Office did err by
not assessing the improvements; however,they are only seeking adjustments to the previous two years.
Bruce Barker, County Attorney, stated the letter dated December 19, 2005 from Cyndy Giauque, cites a
Court of Appeals case from 1983. He stated the improvements are valued in a separate notation on the
assessment, and Mr. Laue has cited a case for personal property, instead of improvements to a property.
He further stated when improvements are not previously valued,the property is not undervalued,rather,the
improvements are considered omitted which means a value has never been placed on them. Mr. Barker
stated the case cited by Mr. Laue deals with personal property which has gone through a declaration,which
made the property undervalued, and the Supreme Court ruled that the Assessor cannot consider the
property to be omitted property and assess the value in arrears. He stated when the Assessor's Office
found out about the improvements on the Richardson property,the value which should have been placed
on the property was figured,and the law states a tax bill may be sent to the owner for the previous six years.
Commissioner Jerke stated he is in support of the Assessor's recommendation since the improvements
were made to the property,and the petitioner will not be charged for an additional five years beyond the two
years being assessed in arrears. Commissioner Vaad stated the petitioner is receiving the better end of
the deal by only being reassessed for a two-year time period,and moved to deny said petition,based upon
staffs recommendation. The motion was seconded by Commissioner Long. Chair Geile stated agrees
with Mr. Barker's recommendation. There being no further discussion, the motion carried unanimously.
CONSIDER MASTER CONTRACT WITH THE DEPARTMENT OF LOCAL AFFAIRS, OFFICE OF
WORKFORCE DEVELOPMENT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman,Director of Human
Services,stated the master contract is a five-year contract through June 30,2011, and the funding will be
utilized for designated programs and employment training. Commissioner Long moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER INTERGOVERNMENTALAGREEMENT FOR SERVICE BY THE WELD COUNTY YOUTH
CONSERVATION CORPS PROGRAM AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY:
Mr.Speckman stated the City of Greeley will reimburse volunteers,at a rate of$5.00 per hour,for services
performed. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Masden. Commissioner Vaad expressed his appreciation to the
Youth Conservation Corps for the excellent work completed at Miner's Park within the Town of Frederick.
There being no further discussion, the motion carried unanimously.
CONSIDER APPLICATION FOR SEARCH AND RESCUE FUND YEAR END AWARD: Roy Rudisill,Office
of Emergency Management,stated search and rescue funds will be utilized throughout the County through
two local fire districts,and the Sheriffs Office. He stated the total amount of funds requested is$23,490.00
to provide ice rescue equipment for the districts, and a tent to be utilized with mobile command vehicles
by the Sheriffs Office. He further stated the funding will be awarded by the end of August 2006. In
response to Chair Geile, Mr. Rudisill stated the Frederick-Firestone Fire Protection District has identified
that the growth of the area creates a need for the requested equipment. In response to Commissioner
Long, Mr. Rudisill stated the equipment purchased through the grant funds would be considered regional
equipment,therefore,it would be available for use by other protection districts upon request. Commissioner
Long moved to approve said application. Seconded by Commissioner Jerke, the motion carried
unanimously.
Minutes, April 3, 2006 2006-0978
Page 4 BC0016
CONSIDER APPLICATION FOR VALE ASSISTANCE FUNDS FOR VICTIM WITNESS ASSISTANCE
PROGRAM AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden,District Attorney's Office,stated this annual
grant request will provide funds for the Victim Services Unit. She stated an increase has been requested
this year,and the position of an intern,at the rate of$11.00 per hour,has been added to the overall staffing.
She further stated the unit is growing quickly, and more help is needed with domestic violence issues. In
response to Commissioner Jerke, Ms. Holden stated volunteer student interns do not provide enough
consistency; however, she desires a student studying criminal justice to fill the position with the office on
a part-time basis. Further responding to Commissioner Jerke, Ms. Holden stated a student may be able
to obtain college credit for the internship. She further stated a staff member is needed within the office on
a consistent daily basis, and the rate of$11.00 per hour is less than the wage an attorney intern would
receive. She stated the VALE board must approve the application,and it is possible that wages of$11.00
per hour may be considered excessive. In response to Commissioner Jerke, Ms. Holden stated the VALE
Board will distribute approximately$130,000.00 of additional funds this year. Commissioner Vaad moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER APPLICATION FOR VALE ASSISTANCE FUNDS FOR LAW ENFORCEMENT VICTIM
SERVICESAND AUTHORIZE CHAIR TO SIGN: Ken Poncelow,Sheriffs Office,stated the Sheriffs Office
is requesting funds in the amount of$78.794.00, and a large portion of the funds will be picked up by the
surrounding municipalities which utilize the Victim Advocate services. Commissioner Vaad moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#4350 - RONALD AND BARBARA WARNER (CON'T FROM
03/27/06): Alex Duran,Attorney representing the applicant,stated he understands that an issue exists with
the Department of Building Inspections, and specific documentation sent by the applicant has not been
received. He requested a continuance of the matter, to allow the Department to receive the
correspondence before proceeding. Michelle Martin, Department of Planning Services,stated the applicant
is applying for a Recorded Exemption, and the outstanding building issues are not related to the
recommendation of denial. Commissioner Jerke stated the applicant's request for continuance is usually
granted;therefore,he supports granting a continuance. Commissioner Jerke moved to continue Recorded
Exemption#4350 to April 17, 2006, at 9:00 a.m. Seconded by Commissioner Vaad, 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, April 3, 2006 2006-0978
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF CJ NTY COMMISSIONERS
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Minutes, April 3, 2006 2006-0978
Page 6 BC0016
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