HomeMy WebLinkAbout20022873.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 28, 2002
TAPE #2002-35
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, October 28, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 23, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $780,320.83
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. CommissionerJerke
seconded the motion, which carried unanimously.
2002-2873
BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-EDWARD HOCKENSMITH:Michael
Sampson,Assessor's Office, stated the petitioner has submitted adequate proof of agricultural use on this
property, therefore, he recommends approval. Commissioner Long moved to approve said petition as
recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WILLIAM AND PATRICIA
STEVENS: Mr. Sampson stated the petitioner provided adequate proof that although this property has
been platted for a subdivision, it is still being farmed. Commissioner Masden moved to approve said
petition as recommended by staff. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-LONE TREE PROPERTIES, LLLP:
Mr. Sampson stated staff recommends denial of this petition because they have not received adequate
information to support the abatement request. Responding to Chair Vaad, Mr. Sampson stated this was
considered by the Board of Equalization; however, they did not appeal to the Board of Assessment
Appeals for 2002, and they will still have the right to appeal this matter to the State. No public testimony
was offered concerning this matter. Responding to Commissioner Geile, Mr. Sampson reviewed the
requested abatement amounts, and reiterated staff does not support the request due to a lack of
supporting documentation. Commissioner Geile moved to deny said petition as recommended by staff.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES - LESLIE AND JEANNE
GELVIN: Mr. Sampson stated staff recommends approval for both of these petitions because the
petitioners have provided adequate proof of an agricultural use. Commissioner Long moved to approve
said petition as recommended by staff. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES - KINGS COURT
PROPERTIES, LLLP: Mr. Sampson stated this property includes a commercial service garage which was
considered by the Board of Equalization this year, and this petition is requesting the same amount for
2001. He stated staff recommends approval in part, and he reviewed the amounts for the record. No
public testimony was offered concerning this matter. Commissioner Geile moved to approve the petition
for Schedule Number R7053098, in part,as recommended by staff. Commissioner Masden seconded the
motion, which carried unanimously. Mr. Sampson commented staff recommends approval, in part, even
through some of the amounts are under$1,000.00, with the right to appeal to the Board of Assessment
Appeals. Commissioners Geile and Masden agreed to amend their motion to also include the second
petition for Schedule Number R7052198.
CONSIDER CONTRACT AMENDMENT #1 FOR BRIDGE ON WCR 27 (AKA 83RD AVENUE) OVER
SHEEP DRAW AND AUTHORIZE CHAIR TO SIGN: Frank Hempen,Jr., Director of Public Works, stated
this amendment will allow for cost participation and the acquisition of right-of-way. He stated Federal grant
funds will also be used to pay for part of the right-of-way. Responding to Chair Vaad, Mr. Hempen stated
these grants were started several years ago and the process for requesting money has changed. He
stated at that time they requested funds to cover the cost of construction and assumed the County would
be required to absorb the cost for purchasing right-of-way. Chair Vaad commented this additional request
of funds will come out of a limited amount of funds that may effect other projects. Mr. Hempen stated the
construction costs were high, but this amendment is only adding to the scope of what they are able to fund
using Federal funds. He further stated they already have money set aside for the required local match and
this is a one-time scenario. Responding to Commissioner Jerke, Mr. Hempen stated the local match
amount is $267,000, the right-of-way will cost a little more than $20,000, and the City of Greeley is also
Minutes, October 28, 2002 2002-2873
Page 2 BC0016
participating in the right-of-way purchase. Commissioner Masden moved to approve said amendment as
recommended by staff. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO A PORTION OF WCR 15, ACCEPT DEED OF DEDICATION, AND AUTHORIZE
CHAIR TO SIGN - PATTY PIKE: Mr. Hempen gave a brief description of the location of the right-of-way
to be acquired, which is necessary for road improvements that are planned for next year. He stated the
right-of-way and fence relocation will cost $350.00. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it
carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN - LANCE AND ANDREA BLICKEM: Don
Carroll, Department of Public Works, stated this and the following five items are related to the same
project. He stated there are six people who own property along the mile section line between Weld County
Roads 80 and 82. He explained the Franks applied for Recorded Exemption #3347, which initiated this
process to comply with a Condition of Approval for adequate access. Mr. Carroll stated Tom Collins,
property agent, has worked with the other land owners to obtain their permission to utilize this right-of-way.
He stated the access road will be constructed using the 30 feet on the east side of the line. He explained
the western 30 feet were granted by Millard Bashor along the south half of the section line; however, the
northern portion, owned by the Miller Family Trust, could not be obtained. He further stated the properties
owned by Lance and Andrea Blickem and Neil Thormodsgard will be accessed from the south from Weld
County Road 80. Responding to Commissioner Jerke, Mr. Carroll stated the intent of this project is to
construct the roadway on the eastern 30 feet, and not utilize the western 30 feet adjacent to the Bashor
property at this time. Commissioner Long moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN - NEIL THORMODSGARD: Based on the
previous discussion, Commissioner Jerke moved to approve said agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN - KEITH AND JAN BARTHEL: Based on the
previous discussion, Commissioner Geile moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN - NORMAN AND MARGARET PETERSON:
Based on the previous discussion,Commissioner Long moved to approve said agreement. Commissioner
Jerke seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN - PAUL AND CYNTHIA FRANKS: Based on
the previous discussion, Commissioner Long moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 73 AND AUTHORIZE CHAIR TO SIGN-MILLARD BASHOR: Based on the previous
discussion, Commissioner Long moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
Minutes, October 28, 2002 2002-2873
Page 3 BC0016
CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - TAP ENERGY, LLC: Bruce Barker, County Attorney, gave
a brief description of the location of the leased mineral rights, consisting of 160 acres. He stated TAP
Energy has requested a six-month lease extension through April 27,2003, and they have paid the required
$1,760.00. In response to Commissioners Long and Jerke, Mr. Barker further described the location and
stated TAP Energy is anticipating the well will begin to produce within the next six months. Commissioner
Jerke moved to authorize the extension of the Oil and Gas Lease to TAP Energy, LLC. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL:Commissioner Masden moved
to reappoint Gene Inloes and Gerald Roth to the Extension Advisory Council, with terms expiring
November 1, 2005. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: LIST OF PERSONS FOR WELD COUNTY GRIEVANCE BOARD: Mr.
Barker stated the Weld County Code requires the Board of Commissioners to select persons with labor
relations and/or legal background to serve as the Chairperson for the Weld County Grievance Board. He
reviewed the people who will be included on the list as options, and clarified that Mark Geile is no longer
a practicing attorney, therefore, his name will need to be removed and replaced with Chuck Connell.
Commissioner Masden moved to approve said Resolution as modified. Commissioner Jerke seconded
the motion, which 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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WER COUN , COLORADO
ATTEST:,144��'v '�/� ': IS
G nn Vaad, Chair
Weld County Clerk to th r ° ;.
,7 David E. g, Pro-Te
BY:
Deputy Clerk to the Boa�►`t �r�
M. J Gale
ilMak
Willi n� r
Robert D. Masden
Minutes, October 28, 2002 2002-2873
Page 4 BC0016
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