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Home My WebLink About20023204.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 16, 2002 TAPE #2002-41 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 16, 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 December 11, 2002, as printed. Commissioner Masden seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on December 10, 2002, as follows: 1) Violation Hearings; and hearings conducted on December 11, 2002: 1) Hearing to Consider 2003 Budget for Beebe Draw Law Enforcement District; and 2) Hearing to Consider 2003 Final Budget 11, 2002. Commissioner Long seconded the motion, which 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. 2002-3204 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $684,283.81 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER RESOLUTION RE: AUTHORIZATION FOR WELD COUNTY TREASURER TO CANCEL CERTAIN PERSONAL PROPERTY TAXES: Mr.Warden stated under State statute the Board can cancel delinquent taxes which are deemed to be uncollectible. He stated this has not been done since 1998, and the current request for cancellation is in the amount of $77,700.60, which is permissible under Section 39-10-114.2(a), C.R.S. He stated most of the accounts are a result of bankruptcies, closed businesses, plugged and abandoned wells, and two repossessed mobile homes. In response to Chair Vaad, Mr. Warden stated real property can be tax deeded or deeded back to the County; however, this is a list of personal property which cannot go to tax sale. In response to Commissioner Jerke, Mr.Warden stated the collection also depends on the financial structure, regardless of whether a particular individual, who may have been involved, is still in the area. Mr. Barker added liability does extend to an individual for personal property. He explained the personal property can be seized or bring a personal action suit against the individual. Commissioner Geile moved to continue this matter to Wednesday, December 18, 2002, at 9:00 a.m. to allow for comment from the Weld County Treasurer. Commissioner Long seconded the motion, which carried unanimously. (Clerk's Note: Donald Mueller, Treasurer, arrived later in the meeting.) Following consideration of the remainder of the Agenda items, Commissioner Geile moved to reconsider the Resolution re:Authorization for Weld County Treasurer to Cancel Certain Personal Property Taxes. Commissioner Long seconded the motion, which carried unanimously. Chair Vaad summarized the Board's previous discussion and questioned what procedures or actions had been done in attempting to collect the funds. Mr. Mueller stated this process has not been done since 1998, and they were attempting to clean up old outstanding accounts. Judy Roth, Treasurer's Office, stated some of the accounts could not be collected because there were beyond the Statute of Limitations, and the mobile homes were written off because either the mobile home was no longer there or it was not worth enough to cover the taxes. Mr. Mueller stated Ms. Roth inspects the mobile home sites and posts a notice; however, if the mobile home is not there or it has been gutted to decrease the value, they deem them uncollectible. In response to Commissioner Geile, Ms. Roth stated the Statute of Limitations is six years, and some of the accounts were beyond that deadline. Commissioner Jerke reference several property owners who are still in the area and could be assessed. Ms. Roth stated the taxes listed for Mother Earth were incorrect because although the equipment was on the site,the business was closed and they sold the equipment shortly thereafter. Some of the other businesses were closed, the equipment was gone, and because there was no equipment to seize, staff felt it should be deemed uncollectible. Mr. Barker stated the Personal Property statute has a provision to take action against an individual; however, some of the amounts are less than what it would cost to collect. Mr. Warden added some mobile homes cost the County to get rid of them once they have been seized. Ms. Roth further stated it is often difficult to assess a specific person for a mobile home if the ownership has changed. Commissioner Geile moved to authorize the Weld County Treasurer to Cancel Certain Personal Property Taxes. Commissioner Masden seconded the motion, which carried unanimously. Minutes, December 16, 2002 2002-3204 Page 2 BC0016 CONSIDER RESOLUTION RE: CANCELLATION OF OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY PARAMEDIC SERVICES: Mr. Warden stated these accounts are considered uncollectible only after two bills are sent, and the account is turned over to Professional Finance for collection. He stated some of the accounts are medicaid or medicare accounts, which must be forgiven pursuant to State and Federal law. Mr. Warden stated these accounts are not forgiven; they are left on the books with Professional Finance for collection in the future, if possible. In response to Commissioner Geile, Mr.Warden stated the October and November amounts are higher because they began the clean- up process as they approach the end of the year. Mr. Warden stated this is comparable to previous cancellation amounts. Responding to Commissioner Jerke, Mr. Warden stated there is no State statute which makes provision for collection, with exception of taking these accounts to small claims court. Commissioner Jerke moved to approve said Resolution. Commissioner Geile seconded the motion,which carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WCR 4 BETWEEN WCRS 45 AND 47: Frank Hempen, Jr., Director of Department of Public Works, stated this closure is necessary to complete a bridge replacement. Commissioner Long moved to approve said temporary closure. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER FINANCIAL POLICY AND PROCEDURE REGARDING INFRASTRUCTURE REPORTING: Mr. Warden stated this is the proposed policy and procedure pursuant to Government Accounting Standards Board (GASB) pronouncement #34. He stated it spells out the policies and procedures for reporting infrastructure such as roads, bridges, and the various categories of roads in the financial statement beginning 2003. Commissioner Geile commended the various staff members for their research on this project. Commissioner Geile moved to approve said policy and procedure. The motion,which was seconded by Commissioner Masden, carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENT TO UNDESIRABLE PLANT MANAGEMENT ADVISORY BOARD: Commissioner Masden moved to appoint Roberta Barrington and reappoint Lauri Klausner to the Undesirable Plant Management Advisory Board. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AMENDMENTS TO PROGRAM AND FORM OF STANDARD AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL WHO IS NOW DRAWING BENEFITS FROM THE WELD COUNTY RETIREMENT PLAN: Mr. Warden stated these amendments are being proposed based on changing demographics, and the age extensions for Social Security and the eligibility for Medicare. He stated the changes will not become effective until January 1, 2008, at which time they will raise the attained age and the years of service over a six-year period. He stated these amendments will better recognize the demographic changes in the work force. Mr. Warden stated there is still an eligibility provision for employees to receive benefits once they reach the age of 55, and he also recommends approval of the agreement form. Commissioner Jerke requested the start date be January 1, 2009. Chair Vaad stated this is a good conservative step which will protect the financial soundness of the County insurance program. Commissioner Jerke stated by extending the start date, it will provide coverage to employees who would have benefitted under the current program.Commissioner Jerke moved to amend the program starting date to January 1,2009. The motion was seconded by Commissioner Masden, and it carried unanimously. Commissioner Jerke moved to approve all other amendments and to accept the form of the standard agreement. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, December 16, 2002 2002-3204 Page 3 BC0016 PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AVERY ACRES PLANNED UNIT DEVELOPMENT FINAL PLAN #496 - JOHN AND JAMES SUTTER, DBA AVERY FARMS, LLC: Sheri Lockman, Department of Planning Services, stated staff completed a site inspection and recommends release of the collateral. Don Carroll, Department of Public Works, stated he conducted a site inspection on December 4, 2002, and found the transportation items completed to his satisfaction. Commissioner Masden moved to cancel said collateral. Commissioner Geile 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 �-�`. WJZ OUNTIY, LORRADO �ATTEST: JI �;i lEisa�` / rit±:' Gle Vaad, Chai Weld County Clerk to th r ,;;O �'� E c�� p David E. ong, Pro-Tem BY: !nr/ . �• ,vt ` 1 � Deputy Clerk to the Boa s ®p;, M. . Geile EXCUSED DATE OF APPROVAL William H. Jerke 1,\1)----- Robert D. Masden Minutes, December 16, 2002 2002-3204 Page 4 BC0016 Hello