HomeMy WebLinkAbout20051221.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 18, 2005
TAPE #2005-22
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, April 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of April 13, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on April 12, 2005: 1) Violation Hearings, and Hearings conducted on April 13, 2005:
1)AMUSR#1416,William and Ann Stonebraker;and 2)USR#1499,Windsor Assembly of God,Go Todd
Hodges Design, LLC. Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
WARRANTS: Donald Warden,Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $705,329.33
2005-1221
BC0016
v�/
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PETROLEUM DEVELOPMENT
CORPORATION, 0/O LOGAN AND FIRMINE, INC. (CON'T FROM 03/30/05): Mary Hazen,Assessor's
Office,stated staff has changed its recommendation from denial to approval of said petition for 2002,in the
amount of$107,906.89,because of the outcome of the court case. Commissioner Geile moved to approve
said petition. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RENEGADE OIL AND GAS
COMPANY, LLC (CON'T FROM 03/30/05): Ms. Hazen stated staff is now recommending approval;
however, since the taxes to be abated are less than $1,000.00, this does not need to go to the State.
Commissioner Masden moved to approve said petition. The motion, which was seconded by
Commissioner Geile, carried unanimously.
(NOTE: Commissioner Masden read a mock resolution recognizing the Birthday of Chair Jerke and Mr.
Warden.)
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FOOTHILLS CONCRETE PIPE
PRODUCTS: Duane Robson,Assessor's Office,stated leased equipment was reported twice,therefore,
he recommended approval. Commissioner Long moved to approve said petition. The motion,which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- EVANS TOTAL/TACO BELL: Mr.
Robson stated this is for car wash equipment,which was also picked up as real property. Therefore, he
recommended approval. Commissioner Masden moved to approve said petition. The motion,which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - METWEST, INC.: Mr. Robson
stated this was a data processing error,therefore,he recommended approval. Commissioner Long moved
to approve said petition. The motion,which was seconded by Commissioner Geile,carried unanimously.
CONSIDER NORTH COLORADO MEDICAL CENTER FOUNDATION GRANT REQUEST AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this grant would
provide funds,in the amount of$10,000.00,to enhance services through the Area Agency on Aging dental,
vision and hearing programs. Commissioner Geile moved to approve said grant request and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13 AND AUTHORIZE CHAIR TO SIGN - RICHARD RALPH: Frank
Hempen, Jr., Director of Public Works, stated this is the Weld County Road 13 project, between Weld
County Roads 2 and 8. He stated the agreement is for a total of$16,654.00,which includes $12,154 for
acquisition and $4,500.00 for an independent appraisal. Responding to Commissioner Masden, Mr.
Hempen stated the next item of business is also acquisition of a parcel for this project,which will complete
acquisition for ten of seventeen parcels. He stated the project is not scheduled for completion until next
year. Responding to Commissioner Vaad regarding the appraisal fee being 33 percent of the value of the
property,Mr. Hempen stated the County does not have any control over the price of independent appraisals,
and the Right-of-Way acquisition process allows an independent appraisal if the property owner wants one.
Minutes, April 18, 2005 2005-1221
Page 2 BC0016
Commissioner Masden moved to approve said agreement and authorize the Chair to sign any necessary
documents. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13 AND AUTHORIZE CHAIR TO SIGN-ANDORA INVESTMENTS,LLC:Mr.
Hempen stated this is for the same project as discussed in the last item. He stated the cost of the
agreement is $12,638.00, which is for acquisition of 9.5 acres of right-of-way. Commissioner Masden
moved to approve said agreement and authorize the Chair to sign any necessary documents. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURES OF WCR 15 BETWEEN WCRS 84 AND 86 AND BETWEEN
STATE HIGHWAY 14 AND WCR 84: Mr. Hempen stated these two closures are phased , with the first
phase being Weld County Road 15 between Weld County Roads 84 and 86,to be effective April 20,2005
through April 28, 2005. The second phase will be Weld County Road 15 from State Highway 14 to Weld
County Road 84,to be effective between April 28,2005 and May 6, 2005. Commissioner Geile moved to
approve said closures. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 13 BETWEEN WCR 4AND WCR 6: Mr.Hempen stated
this closure is for relocation of a water line by Levi Contractors, Inc.,and it is part of the Weld County Road
13 project. Mr. Hempen stated said closure will be effective from April 21, 2005, through May 27, 2005.
Commissioner Masden moved to approve said closure. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE:TRANSFER OF OWNERSHIP BY QUIT CLAIM DEED OF RIGHTS-OF-
WAY AND AUTHORIZE CHAIR TO SIGN - MONFORT NKA SWIFT BEEF COMPANY: Bruce Barker,
County Attorney,stated these rights-of-way were conveyed to Weld County by Treasurer's Deed in 1940;
however,no record of the transaction could be found and it is not known why the parcels were taxable. He
stated the rights-of-way create a cloud over property owned by Swift Beef Company,which is attempting
to transfer ownership. Since a meets and bounds description is not given on the Treasurer's Deed, staff
has not been able to identify the precise location,or why the County would have the property on the tax roll
to begin with. Responding to Chair Jerke,Mr. Barker stated the Treasurer's Deed only refers to the"Rights-
of-way over and across the SE1/4 SE1/4 and SW 1/4 SE1/4 of Section 25, Township 6 North, Range 66
West."Commissioner Geile moved to approve said transfer and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER RESOLUTION RE: CONVEYANCE OF OWNERSHIP OF RIGHT-OF-WAY FOR POUDRE
RIVER TRAIL: Mr. Barker stated that, pursuant to an agreement with Cottonwood Land and Farms, Ltd!,
and Flatiron Companies,LLC,approved in February of 2004,this is the conveyance of two portions of the
trail to Weld County. He stated it was agreed the trail would be constructed, then a survey would be
completed to get a precise legal description to correctly convey the property. He recommended approval
of the draft Resolution,which accepts the two deeds. Responding to Chair Jerke, Mr. Barker stated the
properties are being donated,and plats are attached to the Resolution. He further stated,if Weld County
were to convey the parcels to another party, they would then be taxable. Commissioner Vaad moved to
approve said conveyance. The motion,which was seconded by Commissioner Long,carried unanimously.
CONSIDER ENGAGEMENT LETTER AND AUTHORIZE CHAIR TO SIGN-MERCER HUMAN RESOURCE
CONSULTING, INC.:Mr.Warden stated the Governmental Finance Officers'Association,through GASBY
Regulation#45,now requires public entities to show post-retirement benefits on its financial report,as well
as calculate the liability every two years. Mr.Warden stated this letter covers the first calculation,and it will
give the Board options to look at in the future to reduce the liability over time, if desired. He stated he
obtained proposals from two others;however,because Mercer Human Resource Consulting is the actuary
Minutes, April 18, 2005 2005-1221
Page 3 BC0016
for the Weld County Retirement Fund,the company could offer a much lower bid since it has much of the
data already at its disposal. Responding to Commissioner Geile,Mr.Warden stated this is for retirees and
their dependents until they reach the age of 65. He explained the Board already took action to decrease the
liability by changing the requirement from age 55 and ten years of service,on an expanding basis,to 2014
when 20 years of service would be required. Mr.Warden stated the full amount does not have to be funded,
it simply must be reported,and the Countywill expense it out in the year the benefit is paid. Commissioner
Masden moved to approve said letter and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN-
ADAM ESPINOSA: Mr.Warden stated this is the formal appointment of a new hire in the District Attorney's
Office. Commissioner Long moved to approve said appointment and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion 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.
T -re being no further business, this meeting was adjourned at 9:45 a.m.
E ILa`� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 t
4011-4(
,r William H. ke, Chair
lerk to the =•ard
M. eil , ro- em
BY:
Deputy Clerk to the Board a e,
D vid . Lon
Rob D. Ma den
Oa-
G enn Vaad
April 18, 2005 2005-1221
Page 4 BC0016
Hello