HomeMy WebLinkAbout20063374.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 11, 2006
TAPE #2006-42
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, December 11, 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 - EXCUSED
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 December 6, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:Commissioner Long moved to read Code Ordinance#2006-11 by tape.
Commissioner Masden seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on December 6, 2006, as follows: 1) USR#1561 -Strear Farms Company, c/o Duke Energy
Field Services, Inc.,do Witwer,Oldenburg, Barry,and Johnson, LLP;2)PF#1078-Carma Bayshore, LLC
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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-3374
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,782,764.45
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER REVISIONS TO FEE SCHEDULES FOR FEES COLLECTED BY THE WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Linda Henry, Department of Public Health and
Environment, stated the revisions are for the 2007 sliding fee scale. Mr. Warden stated the Department
updates the fees annually, and a majority of the fees are dictated by State grants. Trevor Jiricek,
Department of Public Health and Environment,stated the most significant revision is the hourly rate at which
the Department recovers costs for services. He stated the rate was established approximately sixteen
years ago at$35.00 per hour; however,the actual costs are now approximately$45.00 per hour. He further
stated several chemistry and laboratory fees have been revised,which will reflect a more accurate cost of
the service. He stated a revision was also made to the conditionally exempt small quantity generator fees
through the Household Hazardous Waste sites. In response to Commissioner Jerke, Mr.Jiricek stated the
Weld Star Education Course is for retail food establishment workers, and the course was designed to
improve food safety handling. He further stated the Department would like to offer the course at no cost;
however, staff believes the fee provides incentive for attendees to commit their attendance. In response
to Chair Geile, Mr. Jiricek stated the Retail Food Establishment fees are set by State statute, and the fee
of$45.00 per hour is only charged for a new Plan Review. Responding to Commissioner Jerke, Mr.Jiricek
stated the water quahty testing may be divided into one of three groupings of tests. He stated the first group
is a basic set of tests,which costs approximately$100.00,and if more testing is required, more tests may
be completed. In response to Commissioner Long, Mr.Jiricek stated staff completes testing for private well
uses; however, a majority of the testing is completed on drinking water and wastewater for small
municipalities. Commissioner Masden stated new regulations are set by the State and the Environmental
Protection Agency approximately every three years. In response to Commissioner Jerke,Ms. Henry stated
the Prenatal Plus is a case management program, and the fees are reimbursed by Medicaid, and the
Department is not allowed to charge a co-pay for a majority of the procedures covered by Medicaid.
Commissioner Masden moved to approve said revisions. Seconded by Commissioner Jerke,the motion
carried unanimously.
CONSIDER TEMPORARY CLOSUREOF THE INTERSECTION OF WCRS 25 AND 38: Don Carroll,
Department of Public Works, stated a written request was received from Platte Sand and Gravel to close
the intersection of Weld County Roads 25 and 38 from December 11,2006,through December 15,2006.
He stated staff has been working with Platte Sand and Gravel to upgrade and pave Weld County Road 38,
and the intersection improvements are now in the process of being finalized. He stated the intersection will
be based and paved,an adequate detour route has been established,and detour routes will be dust abated
as necessary. In response to Chair Geile, Mr. Carroll stated he will check to make sure the applicant can
receive asphalt up to the 15th of December. Responding to Commissioner Jerke, Mr.Carroll stated Tracy
Dyer and Josh Holbrook have been supervising this project;however,he will have Dean Dreher inspect the
project as well. In response to Chair Geile, Mr. Carroll stated he will make sure the surrounding property
owners receive notification of the closure. CommissionerJerke moved to approve said closure. Seconded
by Commissioner Long, the motion carried unanimously.
Minutes, December 11, 2006 2006-3374
Page 2 BC0016
CONSIDER CANVASS BOARDCERTIFICATION OF NOVEMBER7,2006,COORDINATED GENERAL
ELECTION: Bruce Barker stated this is a standard Resolution which certifies the results of all the elections
held throughout the County. Commissioner Masden moved to approve said certification. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENTOR REFUNDOF TAXES-ROBERT MAHAN: Mike Sampson,
Assessor's Office, stated the petitioner filed a petition on a parcel of property which has legal issues
regarding the validity of the parcel;however,the parcel is listed in his name. He stated the petitioner claims
he paid $100.00 in gold coins for the property and purchased the property from his brother, who had
purchased the property for$3,500.00. He stated staff researched the property and concluded the value was
too high;therefore, staff estimated the value to be approximately$3,280.00, not$100.00 as the petitioner
is requesting.
Anne White, Austin and Austin Real Estate, stated she is not representing the petitioner; however,she is
familiar with the property, and the parcel is a non-buildable lot. She stated the parcel used to be a part of
a nearby pig farm; however,the lot was broken off illegally,and did not go through the Recorded Exemption
process. She further stated the new surrounding property owner does not want to cooperate to complete
the proper Recorded Exemption process. In response to Ms. White, Mr. Barker stated staff can work to
clear up the issues regarding the legality of the lot; however, owning an illegal lot does not take away the
property owner's responsibility to pay the required property taxes, and the value of the property is not
diminished. Ms.White stated Mr. Mahan approached her to list the lot for sale; however,she did not list the
lot when she learned that the lot was non-buildable. In response to CommissionerJerke,Ms.White stated
the property is located near the Town of Pierce. Responding to Chair Geile, Mr. Sampson stated the
income approach may not be utilized since it is residential property.
Robert Mahan, petitioner,stated he agrees with the assessment value of$3,280.00. He stated he loaned
his brother$100.00 of gold,in exchange for this parcel of land as collateral,and he would now like to be able
to sell the parcel. He stated he cannot develop the property,and he will not be able to sell the property since
it is a non-buildable lot. He further stated a member of the Planning Department informed him that he would
have to sell the parcel to the surrounding property owner in order to clear up the problem. Commissioner
Long stated he sympathized with the petitioner regarding the complications of the parcel; however,those
are separate issues, and the parcel still has taxable value. Commissioner Long moved to approve in part
said petition, based upon staffs recommendation. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-AA WHOLESALE STORAGE, LLC,
AND REDWOOD, LLC: Mr.Sampson stated the property was initially filed as residential property; however,
the petitioner provided proof of agricultural uses, therefore, staff requests approval to adjust the value to
$1,250.00. Commissioner Jerke moved to approve said petition, based upon staffs recommendation.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-MATTHEWAND MARY MADSEN:
Mr.Sampson stated the petitioner filed an appeal for year 2006,and the value was reduced based upon the
results of a market study. He stated staff recommends approval of the abatement for year 2005.
Commissioner Jerke moved to approve said petition, based upon staffs recommendation. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-AULT VFW CLUB: Mr. Sampson
stated a commercial appraiser has determined that the value was too high based upon the condition of the
building. He stated the value should be placed at$250,000.00; however, the property is only 33 percent
taxable,therefore, staff recommends an approval in part. In response to Chair Geile, Mr.Sampson stated
Minutes, December 11, 2006 2006-3374
Page 3 BC0016
the original total value was lowered significantly due to the age and condition of the building. A
representative of the Ault VFW Club was present; however, he did not have any comments regarding the
petition. Commissioner Long 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- JAMES RODEN: Mr. Sampson
stated the parcel was assessed as vacant residential land; however, the petitioner provided proof of
agricultural uses,therefore, staff recommends approval. In response to Chair Geile, Mr.Sampson stated
the property is located on U.S. Highway 34, near 65th Avenue,and the uses occurring on the property,not
the zoning of the property, determines the property taxes. Commissioner Jerke moved to approve said
petition, based on staffs recommendation. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CHARLES AND KAREN WALKER:
Mr. Sampson stated the parcel was assessed as residential; however, the petitioner provided proof of
agricultural uses,therefore, approval is requested for years 2004 and 2005. Commissioner Jerke moved
to approve said petition, based on staffs recommendation. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER APPOI NTMENTOF THE WELD COUNTY CORONER/MEDICAL EXAMINER: Mr.Warden
stated Dr. Stephen Cina has resigned as the Weld County Coroner, effective December 16, 2006. He
stated the Coroner/Medical Examiner Oversight Committee reviewed the situation,and recommended that
Dr. Patrick Allen replace Dr. Cina. He stated Dr. Allen is the Larimer County Coroner, and has been
certified as a Forensic Pathologist since 1981. He further stated the Committee originally requested that
Dr. Carver become the Coroner after a period of six months; however, the District Attorney expressed
concerns that Dr. Carver may not have enough certified experience. Mr. Warden stated Dr. Allen has
agreed to serve as the Weld County Coroner for a term of at least two years, and up to four years. In
response to Chair Geile, Mr.Warden stated Colorado Pathology Associates is the only group of Forensic
Pathologists within the Northern Colorado area,and the County has not had any complaints regarding the
practice. Commissioner Long moved to approve said appointment. Seconded by Commissioner Jerke,
the motion carried unanimously.
FIRST READING OF ORDINANCE 2006-11, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 2 ADMINISTRATION,OF THE WELD COUNTY CODE: Mr. Barker stated
Ordinance#2006-11 contains two revisions to the Weld County Code, the first of which is the change of
contact information for the Clerk to the Board Office. He stated Amendment 41 states that a Home Rule
County has the ability to set its own rules regarding how to deal with the issues of Amendment 41, as long
as the issues are addressed. He stated the issues surrounding Amendment 41 are ethics in government,
including taking anything of value for any services. He further stated Section 3-3-10 of the Weld County
Code already states that employees are not allowed to accept bribes, money,property,or services of value
in the course of employment; however, that provision only covers employees of the County. Mr. Barker
stated the proposed change will declare that the County has the ability to set its own rules regarding
Amendment 41, and will make the requirement apply to elected officials. In response to Chair Geile, Mr.
Barker stated these changes will be discussed during the new Commissioner orientation. Commissioner
Jerke moved to approve Ordinance#2006-11 on first reading. Seconded by Commissioner Long, the
motion carried unanimously.
Minutes, December 11, 2006 2006-3374
Page 4 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1032 - UIV LAND, LLC, C/O
NOLAN ULMER: Peter Schei, Department of Public Works, stated the Final Plan for Coyote Ridge PUD
is an Administrative Review,and the applicant will pave the interior road,which will be privately maintained.
He further stated the review by Kim Ogle, Department of Planning Services,clearly states the road is to be
private; however, an Improvements Agreement for public road maintenance was completed by the
applicant. Mr. Schei recommended the matter be continued in order to allow the correct agreement to be
completed. In response to Chair Geile, Mr. Schei stated the Department of Public Works does not
recommend that the road be maintained by the County. Responding to Commissioner Jerke, Mr. Schei
stated he has been in contact with Nolan Ulmer,and he will notify Mr. Ulmer of the continuation date so that
he may be present at the hearing. He further stated he has relayed to the Department of Planning Services
that the agreement was to be for private road maintenance. Commissioner Jerke moved to continue the
matter to January 3, 2007, at 9:00 a.m, based upon staffs recommendation. Commissioner Masden
seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2006-11 was approved on first reading.
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUN , COLORADO
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Glenn Vaad
Minutes, December 11, 2006 2006-3374
Page 5 BC0016
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