HomeMy WebLinkAbout20061413.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 22, 2006
TAPE #2006-20
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 22, 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 - EXCUSED
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of May 17,2006,as printed. Commissioner Vaad 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 Vaad 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 $682,311.73
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
2006-1413
BC0016
OE, --(9
NEW BUSINESS:
CONSIDER GRANT CONTRACT FOR THE PLATICAS PROJECT FOR BREAST CANCER AND
AUTHORIZE CHAIR TO SIGN - SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC.: Gaye
Morrison, Department of Public Health and Environment,stated the contract will provide for the continuation
of the Platicas Project, for a term of May 1, 2006, through March 31, 2007. She stated the project serves
uninsured and underinsured women in Weld County by providing breast cancer education and screenings.
Commissioner Long moved to approve said grant contract and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDERTEMPORARYCONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCRS 40.5 AND
5 AND AUTHORIZE CHAIR TO SIGN-KEITH CAMPBELL AND LUCINDA LOUDON-CAMPBELL: Frank
Hempen, Jr., Director of Public Works, stated the easement, in the amount of$8,334.00, will provide the
value of landscaping and fencing to be removed due to road construction. In response to Commissioner
Vaad,Mr. Hempen stated agreements associated with road construction projects are completed by contract
appraisal. He stated an expected range of cost is provided by the appraiser, and if the amount is less than
$5,000.00,staff may move forward with the acquisition; however,if the cost is more than$5,000.00, a site
specific appraisal must be completed. Responding further to Commissioner Vaad, Mr. Hempen stated the
appraisal process is working smoothly, and the Department has a large number of appraisals to be
completed within the upcoming year. He stated the success of the appraisals are based upon the vast
experiences of the appraiser. In response to CommissionerGeile, Mr. Hempen stated appraisals are based
upon ranges of typical purchases within the area. He stated the cost to cure are based upon estimates
from the property owner, or a contractor. Commissioner Vaad moved to approve said easement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTSTO WCRS 40.5 AND
5 AND AUTHORIZE CHAIR TO SIGN-GARETH AND HARRIET OLSON TRUSTS: Mr. Hempen stated
the temporary construction easement, in the amount of$4,304.00, will provide for the replacement of
fencing. Commissioner Vaad moved to approve said agreement and easement and authorize the Chair
to sign necessary documents. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND GRANT OF PERMANENT
EASEMENT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-GARETH AND HARRIET
OLSON TRUSTS: Mr. Hempen stated the permanent easement will be acquired for a cost of$500.00,and
approval is recommended. Commissioner Long moved to approve said easement and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
-ANDREW AND VANESSA JAEGER: Mr. Hempen stated the agreement for acquisition of permanent
right-of-way, is in the amount of$5,150.00, and approval is recommended. Commissioner Long moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTSTO WCRS 40.5 AND 5,ACCEPT DEED OF DEDICATION,AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS-MINNIE AND MARVIN ROTH: Mr. Hempen stated agreement for
acquisition of permanent right-of-way, is in the amount of $2,288.00, and approval is recommended.
Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, May 22, 2006 2006-1413
Page 2 BC0016
CONSIDER TWO AGREEMENTS CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 40.5 AND 5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
- CLINTON ROCKWELL III: Mr. Hempen stated the agreements for the acquisition of permanent
right-of-way, are in the amount of$3,511.00, and $854.00, for a total cost of$4,365.00. In response to
Commissioner Vaad, Mr. Hempen stated acquiring 23 tracts of property is necessary for the road project,
and additional agreements are forthcoming. Responding further to Commissioner Vaad,Mr. Hempen stated
the Halverson property was discussed in a previous Board meeting, and the Polis property will most likely
be included with future agreements. Commissioner Vaad moved to approve said agreements and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF
WCR 81 AND AUTHORIZECHAIRTO SIGN-BRIAN AND GLORIA RIDNOUR: PeterSchei, Department
of Public Works, stated Parcels A and B will be accessed from Weld County Road 81, north of Weld
County Road 68. He stated the agreement is standard, and approval is recommended. Commissioner
Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER SEVEN PETITIONS FOR ABATEMENT OR REFUND OF TAXES - COLTON LIMITED
LIABILITY COMPANY: Raelene Churyk,Assessor's Office, stated Colton Limited Liability Company has
presented petitions for seven accounts. She stated a data error occurred, and the Assessor's Office did
not account for the netback figures; therefore, staff recommends approval of the petitions to correct the
errors. In response to Chair Geile, Ms. Churyk stated the company is allowed to take netback deductions
for transportation and operating costs. She further stated a cap rate is not applied. Commissioner Vaad
moved to approve said petitions. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- PETROLEUM DEVELOPMENT
CORPORATION,C/O LOGAN AND FIRMINE, INC.: Ms. Churyk stated when the company filed in 2003,
the netback deductions were not included; therefore, the petition will correct the figures. She stated staff
is recommending an abatement of$2,183,950.00,which creates a refund of$162,348.00. In response to
Commissioner Vaad,Ms.Churyk stated some interest will be paid on the refund; however,she did not have
exact figures. In response to Commissioner Vaad, regarding the validity of interest payments, Bruce
Barker, County Attorney,stated the County has retained the money since 2003, and will have to pay back
interest to the company. Further responding to Commissioner Vaad, Mr. Warden stated other issues
besides interest payments were a part of a recent Supreme Court ruling. Chair Geile stated the recent
Supreme Court case clarified the deduction rights for oil companies, and interest was still paid out as a
result of the settlement. In response to Chair Geile, Mr.Warden stated the Treasurer's Association has not
been successful in modifying the Statute which states a correction regarding under-reporting must have
the interest repaid. Mr. Barker stated the key issue of the Supreme Court case was whether a specific
company could receive a specific abatement, and the issue was not exclusively about receiving back
interest. Ms. Churyk stated legislation provides that refunds for personal property do not receive interest;
however, this petition is regarding production. In response to Chair Geile, Ms. Churyk stated the
documentation for the netback values was not provided in 2003; however, it has now been provided by the
company. Commissioner Long moved to approve said petition. Seconded by Commissioner Vaad, the
motion carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - BAYOU
HOUSE, LLC, DBA DOUG KERSHAW S BAYOU HOUSE: Bruce Barker, County Attorney, stated the
Sheriffs Office has no concerns with the renewal,and recommended approval. Bill Hall,applicant,stated
the Bayou House has completed a profitable first year, and the establishment caters to an older clientele.
He stated no serious altercations have taken place at the establishment within the last year. Commissioner
Vaad moved to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
Minutes, May 22, 2006 2006-1413
Page 3 BC0016
CONSIDER APPLICATION TO CHANGE,ALTER,OR MODIFY PREMISES ANDAUTHORIZE CHAIR TO
SIGN - BAYOU HOUSE, LLC, DBA DOUG KERSHAW S BAYOU HOUSE: Mr. Barker stated when
modifications are made to a licensed establishment, a record must be sent to the State to be placed on file.
He stated a patio area and an area for sand volleyball will be added to the rear of the facility, and
recommended approval. Mr. Hall stated the addition of the outdoor areas will accommodate smoking
patrons when the statewide smoking ban goes into effect on July 1, 2006. Commissioner Long stated a
request to modify the premises at this location was previously denied through the previous owner; however,
the current owner has proven the ability to control the clientele; therefore, he concurs with the
recommendation of approval. Commissioner Long moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT FORM
OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1529-HAROLD AND LAVERNA NELSON,
C/OASPHALT SPECIALTIES COMPANY, INC.: Sheri Lockman, Department of Planning Services,stated
staff recommends acceptance of the bond, in the amount of$22,757.08. She stated the Departments of
Planning Services and Public Works have determined that the amount is sufficient to complete the required
on-site improvements. Commissioner Long moved to approve said agreement, authorize Chair to sign,
and accept said collateral. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDEDSITE PLAN REVIEW,
AMSPR#216-JOYCE GREENFIELD: Ms. Lockman stated staff recommended full release of collateral.
She stated a site visit has been completed, and it has been determined that the site is in compliance. She
further stated collateral, in the amount of$38,000.00,will be released to Joyce Greenfield. Commissioner
Long moved to approve said cancellation and release of collateral. Seconded by Commissioner Vaad,the
motion carried unanimously.
FINAL READING OF ORDINANCE#2006-3, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 29 (BUILDING REGULATIONS), OF THE WELD COUNTY CODE:
Commissioner Vaad moved to read by title only. Seconded by Commissioner Long, the motion carried
unanimously. Mr. Barker read said title into the record. Roger Vigil, Department of Building Inspection,
stated no changes have been made since second reading. Commissioner Vaad moved to approve
Ordinance#2006-3 on final reading. Seconded by Commissioner Long,the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2006-3 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, May 22, 2006 2006-1413
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF C UNTY COMMISSIONERS
it % WELD COU , COLORADO
ATTEST: LSI / • ; SI
' M. J. ile, Chair For
Weld County Clerk to the Boa -
k. �i 1v°�' David . Long, Pro-Tem
BY: ,dL6 i-
De ty Cle to the Board EXCUSED
William H. Jerke
EXCUSED Rob
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n
l0er �`E')
Glenn Vaad
Minutes, May 22, 2006 2006-1413
Page 5 BC0016
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