HomeMy WebLinkAbout20022955.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 4, 2002
TAPE #2002-37
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, November 4, 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 30, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on October 30, 2002, as follows: 1) Community Development Block Grant Application for a
water and sewer system connection for the Chambers Subdivision in Weld County; and 2)A Site Specific
Development Plan and Use by Special Review Permit #1392, Tri-State Generation and Transmission
Association, Inc. Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: The following was deleted from the Agenda: New Business: 6)Consider 2003
Older Americans Act Budget for Area Agency on Aging, and from Planning: 2) Consider Recorded
Exemption #3397 - Bennett and Emma Houston
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.
2002-2955
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,477,142.37
Electronic Transfers - All Funds $1,006,304.60
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER COMMUNITY FOOD AND NUTRITION PROGRAM CONTRACT AND AUTHORIZE CHAIR
TO SIGN: Judy Griego, Director of Social Services, stated the term of this contract will commence upon
full execution and end June 30, 2003. She stated the Department of Social Services will pass-through
Federal funds to the sub-grantee, Weld Food Bank. She further stated the funds will total $4,202, which
the Weld Food Bank will use to provide food to eligible and homeless persons as described in a separate
contract between the Food Bank and Social Services. Commissioner Masden moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MICKKI AND JAMES SOOLE:
Michael Sampson, Assessor's Office, gave a brief description of the location of the property, and stated
the owner appealed in 2002 based upon the market value and location of the property in relation to the rest
of the Erie Airpark. Mr. Sampson stated there was an adjustment for 2002, and because the appraisal
base year is the same for 2001 and 2002, he recommends this abatement be granted to be consistent with
the 2002 appeal. No public testimony was offered concerning this matter. Commissioner Geile moved
to approve said petition as recommended by staff. Commissioner Long seconded the motion, which
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2000 - K. P. KAUFFMAN
COMPANY, INC.: Raelene Anderson,Weld County Assessor's Office,stated Washington County is in the
process of taking a similar matter to the Court of Appeals. She stated in analyzing the ten wells owned
by the petitioner,staff requested additional documentation to assist in determining whether these amounts
can be abated or not. Responding to Commissioner Geile, Ms. Anderson stated this matter has been
discussed with the State Board of Assessment Appeals as to what exemptions are allowed at the wellhead.
She further stated staff feels the true intent of the law was not to create financial hardships on the counties,
and the Washington County matter is still in litigation. Mr. Sampson stated this particular issue has been
before the Board of Assessment Appeals; however, new issues continue to come forward. He stated the
case of Washington County was upheld by the Board of Assessment Appeals and is now in the Court of
Appeals. In response to Chair Vaad, Ms.Anderson stated these comments also apply to the following item
of business. Richard Logan and Gordon Allottwere present to represent K.P. Kauffman. Mr. Logan stated
the abatements were filed because when the petitioner originally filed their taxes, they failed to take
allowable deductions. Mr. Logan submitted a deductions summary, marked Exhibit A, and stated all
deductions included in these abatements are allowed by the Division of Property Taxation. He stated K. P.
Kauffman failed to report the appropriate items, therefore, they were required to file an abatement. He
further stated these items were allowed as deductions for other companies, and K. P. Kauffman should
be treated equally. In response to Commissioner Geile, Mr. Logan stated he did request an extension until
December 1, 2002, because the additional documentation requested by the Assessor's Office has taken
additional time to compile to verify the deductions. Mr. Sampson stated Mr. Logan has represented other
oil companies in the past, and he should have been aware that this type of documentation is required. Mr.
Gordon stated he feels this hearing is premature because they are compiling the necessary
Minutes, November 4, 2002 2002-2955
Page 2 BC0016
documentation, and approval of this abatement will offset their present taxes. He further stated well
operations generate revenue for the County; however, a delay reduces that revenue and builds back
interests which the County will be required to pay if this matter is approved by the Court of Appeals.
Responding to Chair Vaad, Mr. Barker suggested this matter be continued to November 13, 2002. Mr.
Logan stated he is prepared to submit the documentation tomorrow, which consists of three boxes of
information. Mr. Sampson requested staff be granted two weeks to review the documentation. In
response to Chair Vaad, Esther Gesick, Deputy Clerk to the Board, confirmed December 2, 2002 is the
first available meeting date in December. Commissioner Masden moved to continue said petition to
December 2, 2002, at 9:00 a.m. The motion was seconded by Commissioner Geile. Mr. Logan stated
they also filed a petition for 1999; however, it was not considered by the Assessor's staff or the Board of
Commissioners within the six-month time period, so it has been filed with the Board of Assessment
Appeals. Mr. Barker confirmed the Board no longer has jurisdiction over the petition filed for 1999. There
being no further discussion, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 - K. P. KAUFFMAN
COMPANY, INC.: Based on the previous discussion, Commissioner Long moved to continue said petition
to Monday, December 2, 2002, at 9:00 a.m. The motion was seconded by Commissioner Jerke, and it
carried unanimously.
CONSIDER AGREEMENT FOR OPERATION OF WELD COUNTY YOUTH CONSERVATION CORPS,
AMERICORPS PROGRAM AND AUTHORIZE CHAIR TO SIGN - LARIMER COUNTY WORKFORCE
CENTER: Walt Speckman, Director of Human Services, stated under this Contract, the Larimer County
Employment and Training Services and the Employment Services of Weld County will use grant funds, in
the amount of$51,528.00,to operate the AmeriCorps Program. Commissioner Masden moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER AGREEMENT TO RELOCATE ELECTRICAL FACILITIES FOR BRIDGE 13/26A PROJECT
AND AUTHORIZE CHAIR TO SIGN - UNITED POWER, INC.: Drew Scheltinga, Department of Public
Works, stated this agreement is for the relocation of a United Power line due to bridge construction on
Weld County Road 13. He further stated it will provide for a temporary setup during construction and
installation of the permanent line, in the amount of$56,500. Responding to Commissioner Masden, Mr.
Scheltinga stated Weld County is responsible for matching 20 percent of the Federal funding.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER 2002-2003 GRANT PROPOSAL FOR SOUTH WELD YOUTH NETWORK: Nancy Haffner,
District Attorney's Office,stated the 19th Judicial District Juvenile Diversion has been awarded$3,000.00,
with a term beginning October 1,2002,and ending September 30, 2003. She stated these funds will allow
for the continued monthly operations of the South Weld Youth Network, which consists of agencies and
interested personnel who work with youth and provide services to their families. Responding to Mr.
Warden, Ms. Haffner reiterated the $3,000 has been awarded for one year. She stated this amount has
not been included in the 2003 Budget because they were unsure what amount would be granted, and it
does not offset the State amount. Responding to Commissioner Jerke, Ms. Haffner stated this is separate
from the Multi Youth Interdisciplinary Assessment Team, which was funded by the Department of Social
Services. She stated that Team can be a part of this program; however, there is no direct correlation
financially. Commissioner Long moved to approve said grant proposal. Commissioner Geile seconded
the motion, which carried unanimously.
Minutes, November 4, 2002 2002-2955
Page 3 BC0016
CONSIDER 2002-2003 GRANT PROPOSAL FOR JUVENILE DIVERSION PROGRAM: Ms. Haffner stated
this proposal is for drug and alcohol services provided by the Juvenile Diversion Program. She stated they
identify what substances juveniles are using, connect them with the appropriate agencies with staff
expertise. Ms. Haffner stated the term of the grant will be from October 1, 2002,through September 2003,
and they intend to use these funds before using the Weld County General Fund money which has been
placed in their budget. She stated the funds will cover the remainder of 2002 and the first half of 2003.
Commissioner Geile moved to approve said Grant Proposal. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO A PORTION OF WCR 13, ACCEPT DEED OF DEDICATION AND TEMPORARY
CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN - VARRA COMPANIES, INC.: Mr.
Scheltinga stated under this agreement, Weld County will purchase 1.33 acres of right-of-way, in the
amount of $10,700, which will be used for construction of Bridge 13/26A. He stated the Temporary
Construction Easement will cost $300. The County will remove and reinstall the right-of-way fence line,
and construct a new driveway. Commissioner Geile moved to approve said agreement, accept said Deed
of Dedication and Temporary Construction Easement, and authorize the Chair to sign all necessary
documents. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER RIGHT-OF-WAY GRANT AND AUTHORIZE CHAIR TO SIGN - UNITED POWER, INC.:
Bruce Barker, County Attorney, stated this grant is for right-of-way which will be used to locate a power
line. He explained the surrounding property owners are Arthur and Paula Neumann, who have declined
a license agreement, but have indicated interest in purchasing and maintaining the parcel. He stated this
will get the power line into the property and the necessary funds have been received. Responding to
Commissioner Geile, Mr. Barker stated this will not be a transmission line; it will just extend the existing
power line up to a nearby barn. Commissioner Jerke moved to approve said Right-of-Way Grant and
authorize the Chair to sign. The motion was seconded by Commissioner Long,and it carried unanimously.
CONSIDER RESOLUTION RE:CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR DECEMBER 4, 2002: Commissioner Masden moved to approve said Resolution.
Commissioner Long seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW(SPR#315)-
KEN WILLIAMSON, DBA KING'S COURT PROPERTIES, LLLP: Kim Ogle, Department of Planning
Services, stated John Cane, attorney for the property owner, has requested a release of collateral, in the
amount of $24,715.00, which is being held for all of the on-site improvements. Mr. Ogle stated the
landscaping is complete, and the Department of Public Works indicated no concerns with this request.
Don Carroll, Department of Public Works, stated he did conduct a field inspection to verify that all the
transportation items have been completed and he recommends full release of said collateral.
Commissioner Masden moved to cancel and release said collateral for Site Plan Review, SPR#315, for
Ken Williamson, dba King's Court Properties, LLLP, in the amount of$24,715.00. The motion,which was
seconded by Commissioner Jerke, 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.
Minutes, November 4, 2002 2002-2955
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
�,�,�� WELD COLORADO
ATTEST: iatei '//1
1''L GI so Vaad,
Weld County Clerk to the r' � a,� uNi ccpJ01
David E. L Pro-Tem
BY: y2
Deputy Clerk to the Bo Z` acjim.� � /D�...
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J. eile
William H. Jerke
EXCUSED DATE OF APPROVAL
Robert D. Masden
Minutes, November 4, 2002 2002-2955
Page 5 BC0016
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