HomeMy WebLinkAbout20051541.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 18, 2005
TAPE #2005-24
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, May 18, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 16,2005,as printed. Commissioner Long seconded the motion,and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL PEACE OFFICER WEEK-MAY 15-21,2005;PEACE OFFICER MEMORIAL DAY-MAY 15,
2005: Chair Jerke read the certificate proclaiming May 15, through May 21, 2005, as Peace Officer
Memorial Week, which will be publically presented at the Law Officer Memorial Service scheduled for
10:00 a.m. Kim Fliethman, Sheriffs Office, thanked the Board for recognizing the efforts of law
enforcement personnel and for participating in the ceremony that will be held in the Centennial Plaza.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF SOCIAL SERVICES-PAT LAMICA:ChairJerke read
the certificate recognizing Pat Lamica for 13 years of service with the Department of Social Services. Judy
Griego, Director of Department of Social Services, stated Ms. Lamica has brought quality work ethics to
the Department. She has been an organized technician working with the aging population and is admired
2005-1541
BC0016
cs a3 °c
by the public and her co-workers. Ms. Lamica stated the past 13 years have been a time of personal growth
and she appreciates the opportunity to work with Weld County and serve the community. Chair Jerke
commended Social Service workers for their efforts working in a difficult field.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds
$213,989.15
Electronic Transfers -All Funds $1,774.92
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT ROTOMILLING FOR VARIOUS AREAS FOR 2005 BID-DEPARTMENT OF PUBLIC WORKS:
Pat Persichino, Director of General Services, stated this bid was presented on May 11, 2005, for
consideration on May 25,2005;however,after consulting with staff and the contractor,he is recommending
the bid be rejected. He explained more areas will be added to the bid and further clarification will be
requested from the vendors. Commissioner Long moved to reject said bid as recommended by staff. The
motion was seconded by Commissioner Masden, and it carried unanimously.
PRESENT ON-CALL ENGINEERING BID-DEPARTMENT OF PUBLIC WORKS:Mr.Persichino presented
the 29 bids received. Said bid will be considered for approval after interviews have been conducted. In
response to Chair Jerke, Mr. Persichino explained the vendor approved under this bid will be available on
an on-call basis for various Weld County projects. Mr.Warden stated this will be renewable for three years.
PRESENT LEASED MOTORGRADERS BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
presented the four bids received. Said bid will be considered for approval on June 1, 2005.
APPROVE ALLOWABLE ALTERNATIVE VEHICLES-PARA-TRANSIT BUSES BID-HUMAN SERVICES
DEPARTMENT(CON'T FROM 05/04/05): Mr. Persichino requested this bid be continued for one week to
allow the Department of Human Services additional time to make a recommendation. Commissioner
Masden moved to continue said bid to May 25, 2005. Commissioner Long seconded the motion, which
carried unanimously.
APPROVE COPIER BID-PRINT SHOP:Mr.Persichino stated staff is still visiting different sites to evaluate
different types of machinery,therefore,he is requesting a two-week continuance. Commissioner Masden
moved to continue said bid to June 1, 2005. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BFN GREELEY, LLC: Michael
Sampson, Assessor's Office, stated this petition is concerning the T-Bone Ranch apartments. He gave
a brief description of the location of the property,and explained staff is recommending denial of the request
because the primary issue deals with structural deficiencies,not the property value. He stated the property
owner will likely need to take the contractor to court to have the matter resolved. Responding to Chair Jerke,
Mr. Sampson stated,if denied,it will be up to the petitioner whether they appeal this matter to the Board of
Assessment Appeals. In response to Commissioner Masden, Mr. Sampson stated the petition is based
Minutes, May 18, 2005 2005-1541
Page 2 BC0016
on leaky roofs,which has not affected the owners ability to rent the units or resulted in reduced rental costs.
He further stated it is difficult to quantify whether there are structural problems because the petitioner has
not provided staff with documentation. Commissioner Masden moved to deny the petition of BFN Greeley,
LLC,do Marvin F. Poer and Company,based on staffs recommendation. Commissioner Long seconded
the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-KIM HONG SUN,SUNG KULL,AND
SUNG SOO: Mr.Sampson stated this is for the Winterset Inn located in the City of Evans. He stated staff
recommends denial of this petition because the income and sales market indications reflect the current
valuation to be comparable or lower than most hotels of this size. Responding to Commissioner Geile, Mr.
Sampson stated the overall rate is ten percent,with a 2.2 percent effective tax rate. He explained the tax
rate is typically added to the capitalization rate rather than taking the taxes out of the expenses, which
results in more of an equalization factor. He further stated staff did consider the fact that this facility may
be a higher risk when compared to similar properties. Chair Jerke commented this petition may have been
filed in response to the 29 percent commercial property tax rate. Commissioner Geile moved to deny said
petition as recommended by staff. The motion was seconded by Commissioner Masden, and carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-MICHAEL WILLITS:Mr.Sampson
stated staff recommends denial of this petition based on comparable values of surrounding properties. He
stated this is a five unit,two-bedroom apartment building,constructed within the last three years. He stated
the units typically sell for$100,000 per unit,and the Assessor's value of$469,000 is within the market limits.
Responding to Chair Jerke, Mr. Sampson stated these apartments are classified as residential
assessments, although they do generate income for the property owner. He further stated they are nice
two-bedroom units on the west end of Greeley, and the petition was submitted by an agent. No public
testimony was offered concerning this matter. Commissioner Long moved to deny said petition as
recommended by staff. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-THOMAS WRIGHT:Mr.Sampson
stated the subject parcel is located in southern Weld County, and the petitioner is claiming the property
should be classified as agricultural rather than commercial. He stated the petition has a farming agreement
attached;however,there is no other relevant documentation,and the appraiser's pictures do not indicate
any farming practice taking place or other justification for the petition. Responding to Chair Jerke, Mr.
Sampson stated this property is approximately three acres located in a commercial/industrial zoned park.
He further stated the property was initially purchased with the intent of building a rental equipment facility;
however,that project was not completed. Mr.Sampson explained the property owner would need to prove
an agricultural intent on the property for two years plus the current year to justify a reclassification. No
public testimony was offered concerning this mater. Commissioner Masden moved to deny said petition
as recommended by staff. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: CONSENT TO THE ENFORCEMENT OF THE 2003 INTERNATIONAL
FIRE CODE, WITH AMENDMENTS, WITHIN UNINCORPORATED PORTIONS OF WELD COUNTY-
PLATTEVILLE/GILCREST FIRE PROTECTION DISTRICT: Bruce Barker, County Attorney, stated the
Platteville/Gilcrest Fire Protection District has requested the Board consent to enforcement of the 2003
International Fire Code within the District's unincorporated portions of Weld County. He stated the
Resolution approved by the Fire Protection District does include some amendments,which do not conflict
with any of Weld County's codes,therefore,he recommends approval. Russ Kissler was present on behalf
of the Fire Protection District to answer questions. Commissioner Geile moved to approve said Resolution.
Commissioner Vaad seconded the motion, which carried unanimously.
Minutes, May 18, 2005 2005-1541
Page 3 BC0016
CONSIDER APPOINTMENT AND REAPPOINTMENT TO THE BOARD OF PUBLIC HEALTH:
Commissioner Vaad moved to appoint Stanley Cass and reappoint Kelley Hekowczyk to the Board of Public
Health, with terms to expire May 23, 2008. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW
PANEL:Commissioner Geile moved to reassign alternate Tracey McCoy as a regular member to replace
Susan Bjorland;reassign alternate James Whiting as a regular member to replace Barbara Rodgers;and
appoint Jeremy Casillas and Stacey Campbell as alternate members to replace James Whiting and Tracey
McCoy, respectively. Commissioner Vaad seconded the motion,which carried unanimously. (Switched
to Tape#2005-25)
PLANNING:
CONSIDER SETTING HEARING DATE FOR USR#1495,MARCELLE GEUDNER,C/O JESS ARAGON
(CON'T FROM 02/16/05 LAND USE HEARING):Michelle Martin,Department of Planning Services,stated
the court case to determine uses allowed on the access road to the parcel has not been set for a hearing;
however, the applicant's counsel indicates it should be set in the next few weeks. Responding to
Commissioner Masden,Ms.Martin stated at the Use by Special Review hearing,the matter was continued
for three months and may need to be continued for an additional amount of time before setting a new
hearing date. Rick Zier,attorney,represented the applicant and stated between the Planning Commission
hearing on February 1,2005,and the Board of Commissioners hearing on February 16,2005,a lawsuit was
filed concerning the access. Therefore,the Board resolved to continue the Use by Special Review hearing
to a date pending the outcome of the lawsuit,while allowing the applicant to proceed with limited operations
pursuant to the court stipulation. He stated the new attorney for the plaintiffs should be ready to go to trial
in the next week or two,and the hearing will likely be set in September. Mr.Zier stated they did schedule
a settlement conference for June; however, he feels it is unlikely a settlement will take place because the
opponents do not want his client to use the road, which is not an item they can agree to. He stated he
anticipates the trial should be completed in one day; however, it could take up to 30 days to get a ruling.
He further stated the primary issue is whether one of the parties to the easement can use the road for
something other than a residential use. Mr. Barker suggested continuing this matter to October 19,2005,
for setting,with the option of listing it on the Agenda earlier if the court matter is resolved before then. Mr.
Zier requested proceeding with setting the Use by Special Review Permit for October 19,2005. In response
to Commissioner Vaad,Mr.Barker explained if the Board chooses to schedule the Use by Special Review,
the hearing cannot be rescheduled to an earlier date if the court issue is resolved before then.
Commissioner Masden moved to schedule the hearing to consider Use by Special Review Permit#1495
on October 19,2005,at 10:00 a.m. 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.
Minutes, May 18, 2005 2005-1541
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
1E4 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EN
-2i,
(�• < i idaA44
/mo/w(
ndr .j William H. J e, Chair
'�� • 4''+' lerk to the Board r
M. J G:ile, -ro-Tem
Deputy Clerk o the Board
D. id Long
Rob �Sit
�/,D. Masden
Glenn Vaad
Minutes, May 18, 2005 2005-1541
Page 5 BC0016
Hello