HomeMy WebLinkAbout20061787.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 5, 2006
TAPE #2006-25
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, July 5, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of June 28, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on June 28, 2006, as follows: 1) PZ #1097 - Breakneck Weld Properties, LLC, do Tom
Radigan. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Pro-Tem Long added New Item of Business #7 - Consider
Resolution re: Authorize Extension of Oil and Gas Lease Covering Certain Property Owned by Weld
County,Colorado-NE1/4,S21,T5N, R61 W; New Item of Business#8-Consider Resolution re:Authorize
Extension of Oil and Gas Lease Covering Certain Property Owned by Weld County, Colorado- SE1/4,
S15, T5N, R61 W; and New Item of Business#9-Consider Resolution re: Authorize Extension of Oil and
Gas Lease Covering Certain Property Owned by Weld County, Colorado - SE1/4, S22, T5N, R61 W.
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.
2006-1787
BC0016
017-I$-Oa•
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $681,553.66
Electronic Transfers - All Funds $1,341,286.22
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Ms. Connolly stated there were no bids to present.
NEW BUSINESS:
CONSIDER CONSULTANT AGREEMENT FOR AUDIOLOGY SERVICES AND AUTHORIZE CHAIR TO
SIGN -JODI LITTLE: Walt Speckman, Director of Human Services, stated the agreement is for both the
Migrant/Seasonal and Regional Head Start Programs of which Jodi Little will serve as an audiology
consultant to administer testing and treatment. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 17 AND AUTHORIZE CHAIR TO SIGN - KURT AND DEANNE JANZ: Don Carroll, Department of
Public Works, stated the agreement is for the upgrade and maintenance of Weld County Road 100 for a
distance of one mile south of Section Line 17, and a one-half mile portion of Weld County Road 98, west
of Road 100. He stated all of the adjacent property owners were contacted and signs have been at the
intersections for emergency response. He further stated there is 60 feet of right-of-way between
Sections 32 and 33 and between Sections 32 and 5, and the roads will provide access to lots created
through the Recorded Exemption process. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DIAMOND SHAMROCK REFINING
AND MARKETING COMPANY: Christopher Woodruff, Assessor's Office, stated the three abatements
are all related and are for the same company. He stated the abatement petitions are for reduction and
evaluation for personal property and equipment at three Weld County locations. He further stated the
dispute is state-wide, and the company has filed petitions for abatement in all Colorado counties.
Mr. Woodruff stated the company has not provided sufficient documentation to indicate the County's
evaluation methods are inaccurate, therefore, the Department recommends denial of the abatements.
The petitioner was not present, and no public testimony was offered. Commissioner Jerke moved to deny
said petition, based upon staff's recommendation. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DIAMOND SHAMROCK
STATIONS, INC.: In response to Commissioner Vaad, Mr. Woodruff stated these are high-income
producing stations, and the company has not tied the appraisals to its income, nor has the company
responded to multiple requests made by the State and County for additional documentation.
Commissioner Vaad moved to deny said petition, based upon staff's recommendation. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TPI PETROLEUM, INC.:
Commissioner Vaad moved to deny said petition, based upon staff's recommendation, as previously
discussed. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, July 5, 2006 2006-1787
Page 2 BC0016
CONSIDER AFFIRMATION OF GRIEVANCE BOARD DECISION OF MAY 30, 2006, REGARDING
AGGREY SAWUKA: Bruce Barker, County Attorney, stated pursuant to the Weld County Home Rule
Charter the Board of County Commissioners is the appellate body for the Grievance Board. Chair
Pro-Tern Long confirmed the appellant was not in attendance. Commissioner Vaad moved to affirm the
decision of the Grievance Board. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE EXTENSION OF OIL AND GAS LEASE COVERING
CERTAIN PROPERTY OWNED BY WELD COUNTY,COLORADO-NE1/4,S21,T5N, R61W: Mr. Barker
stated the three additions are regarding three gas leases assigned to Bonanza Creek Energy Operating
Company, LLC. He stated the company is requesting a one-year extension, ratherthan the six-month time
frame that is typically requested. He further stated the company is experiencing a high demand for drilling
rigs and six months will not allow enough time for the company to develop all three leases. Mr. Barker
stated if the Board grants the one-year extension the County will get twice the amount it would from a
six-month extension. In response to Commissioner Vaad, Mr. Barker stated he recommends the extension
be approved on the condition that the amount required from the company is doubled. Responding to
Commissioner Masden,Mr. Barker stated the cost is approximately$1,200.00 per lease,therefore the cost
per lease when doubled will be$2,400.00. (Clerk's Note: the cost is$1,760.00,which will be doubled for
each lease.) Commissioner Vaad stated he will support the motion, but the County may want to
re-evaluate its policy and consider re-bidding if this situation arises more frequently. Commissioner Vaad
moved to approve said Resolution. Seconded by Commissioner Masden,the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE EXTENSION OF OIL AND GAS LEASE COVERING
CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO - SE1/4, S15, T5N, R61W:
Commissioner Masden moved to approve said Resolution. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE EXTENSION OF OIL AND GAS LEASE COVERING
CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO - SE1/4, S22, T5N, R61W:
Commissioner Jerke moved to approve said Resolution. Seconded by Commissioner Vaad, the motion
carried unanimously.
PLANNING:
CONSIDER CORRECTED RESOLUTION RE: REQUEST TO PRE-ADVERTISE USE BY SPECIAL
REVIEW PERMITS #1562 AND #1563 - CEDAR CREEK WIND ENERGY, LLC, AND GREEN LIGHT
ENERGY, INC.: Mr. Barker stated the correction is to reflect the hearing date change. In response to
Mr. Barker, Esther Gesick, Deputy Clerk to the Board, stated the hearing date was moved from
August 9, 2006, to August 2, 2006, and there is still adequate time for notification. Commissioner Vaad
moved to approve said Corrected Resolution. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), ACCEPT FORM OF COLLATERAL, AND
AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1077 - HARVEY AND OLGA MARKHAM: Chris Gathman, Department of Planning
Services, stated the Department received an irrevocable letter of credit from Centennial Bank of the West,
in the amount of$118,474.00, and the amount is sufficient to complete the required work. Commissioner
Masden moved to approve said agreement, accept said collateral, and authorize the Chair to sign all
necessary documents. Seconded by Commissioner Jerke, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, July 5, 2006 2006-1787
Page 3 BC0016
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 9:25 a.m.
BOARD OF COUNTY COMMISSIONERS
'I s Elsa WELD COUNTY, COLORADO
ATTEST: ii t,, / .,0 �I' EXCUSED
1161 ( �
; M. ile, Chair
Weld County Clerk to the B d ealr
(- cr t%3 E 4e`. ..e David . Long, Pro-Tern
BY: i tItC{ct,i1 ��Gc,vt ex- .t_ ✓"
De y Clerk o the Board
lliam H. Je ke
- 4_ -,
Robert D. Masden
Glenn Vaad
Minutes, July 5, 2006 2006-1787
Page 4 BC0016
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