HomeMy WebLinkAbout20062170 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 7, 2006
TAPE #2006-29
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 7, 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- EXCUSED
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 2, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on August 2, 2006, as follows: 1) USR #1562 - Cedar Creek Wind Energy, LLC and Green
Light Energy, Inc.; 2) USR #1563 - Cedar Creek Wind Energy, LLC and Green Light Energy, Inc.; and
Certification of Board of Equalization Hearings conducted on August 1, 2006. Commissioner Jerke
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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-2170
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $498,689.82
CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT FOR WELD COUNTY LAW ENFORCEMENT VICTIM SERVICES AND
AUTHORIZE CHAIR TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD:
Mr. Warden stated the contract is in the amount of$78,794.00 to fund the Victim's Assistance Program
for a term from July 1, 2006 to June 30, 2007 and is basically the same as past contracts. In response
to Commissioner Jerke, Mr. Warden stated this amount is a surcharge that is generated locally from fines
that go into a specific fund in the County District Court and the District Attorney and the Chief Judge
appoint a VALE Board which allocates the funds. Commissioner Jerke moved to approve said contract
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- FREDERICK AND DIANE WEIS:
Mike Sampson, Assessor's Office, stated the Department recommends approval because the account
should have been deleted in 2005. He stated the account was divided into two separate accounts,
therefore, double assessed, whereas it should have been assessed as one account. The refund amount
would be for deletion of one of the two assessments. No representatives of Frederick and Diane Weis
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 (R3469205 AND R3469305) -
WELLS FARGO BANK: Mr. Sampson stated both of the properties are owned by Wells Fargo Bank and
are leased by the Colorado Department of Transportation (CDOT) which exempts the buildings from
taxation as long as they are leased by CDOT according to the State Attorney General. No representative
of Wells Fargo was 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 - FRANCIS PROPERTIES, LLC:
Mr. Sampson stated the Department recommends approval based on the fact the property sold during the
base period in 2004 for$322,700.00 and the petitioner's request is for$322,000.00. No representatives
of Francis Properties were present. Commissioner Masden moved to approve said petition based on
staffs recommendation. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -ALLAN GRIEVE/WOODWORKS
HOMES, LLC: Mr. Sampson stated the Department recommends approval because the land evaluation
should have been coded under the residential assessment rate in conjunction with the parcel next door
because it was not divided until late in 2005. He stated the parcel will be a separate lot for 2006, but it
should have been coded residential for 2005 because there was a residence on the parcel. He stated the
assessment rate will be 7.96 percent adjusted from 29 percent. No representatives of Woodworks Homes,
LLC, were present. Commissioner Masden moved to approve said petition based on staff's
recommendation. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ELMORE, ELMORE,AND SPELTS
PROPERTIES, LLC: Mr. Sampson stated staff recommends denial because the value quoted by the the
agent was in a different base period and staff believes the value is justified and in line with other
comparable properties. Greg Evans, Bridge and Associates, stated the assessed property is located on
Minutes, August 7, 2006 2006-2170
Page 2 BC0016
Highway 52 in Frederick; the first parcel includes a truck stop that is 7,600 square feet with both diesel
fuel and gas, a convenience store, and a restaurant, and the other parcel is the truck parking lot. He
further stated the current value for both parcels is $2,315,000.00 which equals$302.52 per square foot
and the requested value for both parcels is$1,200,000.00. Mr. Evans stated in 2003 the Board of County
Commissioners valued the property at $1,000,000.00. He demonstrated the market approach using a
comparable truck stop and convenience store in Evans which sold in 2002 for$1,900,000.00, and the
property had an adjustment of $400,000.00 that was required by the City of Evans for landscaping;
therefore, the adjusted sales price was$2,300,000.00. He stated the property in Evans is roughly twice
the square footage and land area as the Elmore, Elmore, and Spelts property, however, it would be
approximately$158.39 per square foot for an indicated value of$1,213,000.00 for the Elmore, Elmore,and
Spelts property, which is in line with the requested value. He further stated there has only been one sale
of a truck stop in Colorado in the past ten years. He stated he also figured the restaurant and convenience
stores as separate valuations using comparable properties which figured out to be$250.00 per square foot
for an indicated value of $665,000.00 for the truck stop convenience store and $76.54 per foot for the
restaurant for an indicated value of$382,700.00, and the combined values equal$1,048,000.00 for both
parcels. He stated he was careful to select comparable property sales near major freeways, including six
comparable prices for convenience stores, two of which are in Weld County and four comparable prices
for restaurants. Mr. Evans stated the analysis of the actual income generated by the restaurant was
$72,000.00 with100 percent occupancy,the property tax was$37,250.00 and the insurance was$2,222.00
equaling a net operating income of$32,528.00 and an indicated value of$325,000.00 for that portion of
the property. He further stated the restaurant makes up 5,000 square feet of the improvements, is the
least valuable part of the property, and is there as an amenity to attract truckers to the location; however,
it does not generate most of the property's income. He stated the lease that was in place during the base
period was assumed when the restaurant sold as market rent,as determined to be by the Internal Revenue
Service. He stated the rent has recently been reduced$1,000.00 a month due to struggles the restaurant
has faced. Mr. Evans requested a value of $711,394.00 for this parcel and a combined value of $1.2
million for the property. Commissioner Jerke stated the comparable truck stop sale in Evans was a
distress sale and was owned by Compass Bank,which likely led to a depressed value. Mr. Evans stated
because it was the only truck stop that sold in the state in recent years, it was the only comparable sale
available, and because of the absence of comparable sales he demonstrated the other approaches in
addition to the sale in Evans. Mr. Sampson stated the Department has not been provided with any of the
information presented today. Owner, Mark Elmore, stated Elmore, Elmore, and Spelts has owned the
property since 1995 and they have witnessed growth, some rampant, but not in the area they are located.
He stated his business is working within thin margins because oil prices continue to rise, and he employs
23 individuals, pays for insurance and utilities, and now the property taxes have more than doubled. In
response to Chair Pro-Tem Long, Mr. Sampson stated the appraisal was based on the value set by the
Board of County Commissioners previously and revalued for 2005 and 2006. In response to
Commissioner Jerke, Mr. Sampson stated $300.00 per square foot may be the accurate figure and that
the total amount determined by the Board of County Commissioners at most recent appraisal is
$1,826,451.00. He stated the Department never believed that the Evans sale was comparable because
it is not on the 1-25 corridor, it was a distressed bank sale, it was closed at the time of sale, and there were
problems with the City of Evans from the time the business opened. In response to Commissioner Jerke,
Mr. Sampson stated there is a 30-day appeal process in which the applicant can appeal under the Board
of Assessment Appeals. He stated the petition is for 2005 only but the petitioners can add 2006. Bruce
Barker, County Attorney, stated the Board has jurisdiction for six months after the petition is filed,
therefore, the Board has until October to make a decision and there is time to continue the petition and
give the Assessor's Office the opportunity to review the information presented. Commissioner Masden
moved to continue said petition to August 21, 2006 based on staff's recommendation. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, August 7, 2006 2006-2170
Page 3 BC0016
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated the Sheriffs Office has no concerns
with the renewal request. In response to Commissioner Jerke, Mr. Barker stated the State Department
of Revenue will be issuing regulations regarding renewals and he speculates the County will need to begin
requiring identification on both new applications and renewals in the future to verify the applicants are legal
residents. He further stated the applicant has held a liquor license for seven or eight years. In response
to Commissioner Jerke, Mr. Barker stated he is waiting on information from the state, and the County has
until October to make a decision and to contact the applicant to request additional information. In response
to Chair Pro-Tem Long, Mr. Barker stated he needs to see the state regulations to be able to determine
if licenses will be revoked from those who are not legal residents. He recommended continuing until the
County is able to review the new state regulations. He stated that the Health Department, for example,
is required to take identification for some licenses and not for others. He stated he should have the
information he needs from the Department of Revenue in the next two weeks to know whether
identification will be required for liquor license renewals. In response to Mr. Warden, Mr. Barker stated a
corporation has to submit individual history records which include fingerprints. No representatives of
J. Montes, Inc.were present. CommissionerJerke moved to continue said renewal until August 28, 2006.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER WELD COUNTY JAIL PHASE 3 EASEMENT VACATION AND DEDICATION PLAT AND
AUTHORIZE CHAIR TO SIGN: Pat Persichino, Director of General Services,stated this is for the vacation
of the current drainage easement on the site for Phase 3 and establishing a new one. The current
easement is directly under the building and the new drainage will be completed at the side of the facility.
In response to CommissionerJerke, Mr. Persichino stated he does not have a drainage referral,that it was
decided between the City of Greeley and the County's engineers. Commissioner Masden moved to
approve said easement vacation and dedication plat. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER SERVICE AND EXPENSE AGREEMENT FOR 401(K) SAVINGS PLAN AND AUTHORIZE
CHAIR TO SIGN - PRINCIPAL FINANCIAL GROUP: Mr. Warden stated the County 401(K) plan is with
Principal Financial Group and they have come out with a"custom fee structure"which gives many options;
however, the County has chosen to exercise the same option as previously and there will be no change
in cost. He stated upon examining the other options based on number of participants and contribution
levels, it has been determined that it would not be to the County's advantage to change to that rate
structure, and it is actually less expensive to stay at the current rate structure. Commissioner Masden
moved to approve said agreement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER ADDENDUM#10 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
COLORADO TECHNICAL SERVICES, INC.: Mr. Warden stated this is a renewal for Colorado Technical
Services, Inc.to perform third party administration of Workers Compensation Claims. He stated this is the
same agreement as before,with a four percent cost of living adjustment. Commissioner Jerke moved to
approve said agreement. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENTS TO PLANNING COMMISSION: Commissioner Masden moved to approve
the reappointments of Doug Ochsner, Paul Branham, and Tom Holton to the Planning Commission as the
District2, District 3, and at-large representatives, respectively, and to appoint Mark Lawley to replace Mike
Miller as an at-large representative. Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, August 7, 2006 2006-2170
Page 4 BC0016
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY- JOSHUA RITTER: Commissioner
Jerke moved to approve said appointment of Joshua Ritter as Deputy District Attorney. 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 9:41 a.m.
so a` BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: getii , 10 EXCUSED
a _ i M. J ile, Chair
Weld County Clerk to the Boa" ;, ( k'r gay`
f•
���i / ` f , David •
DE. Long, Pro-Tem
BY: � 1 hi-
Dep Clerk t the Board • �✓
Wil Jerke
. k V\I\D—____
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, August 7, 2006 2006-2170
Page 5 BC0016
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