HomeMy WebLinkAbout20052781 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 14, 2005
TAPE #2005-35
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, September 14, 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-Tern
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Controller, Barbara Eurich
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 12, 2005, as printed. Commissioner Geile 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 Long moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONERCOORDINATORREPORTS: Commissioner Geile reported the Faith-Based Initiative
Group is making progress, a coordinator has been named, and a group of area ministers have joined and
will provide support. He further stated the District Attorney has joined the group, and the first meeting will
take place at the Greeley Assembly of God church facilities on September 22, 2005, at 12:00 p.m.
WARRANTS:Barbara Eurich, Controller, presented the following warrants for approval by the Board:
All Funds
$257,849.96
Commissioner Long moved to approve the warrants as presented by Ms. Eurich. Commissioner Masden
seconded the motion, which carried unanimously.
2005-2781
ID(2.1 BC0016
BIDS:
PRESENT BIDS: Ms. Eurich stated there were no bids to present.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-SW1/4, S14, T5N, R62W: Ms. Eurich stated
the sole bid was received from Mountain States Fuel in the amount of $25.00 per acre, or a total of
$4,000.00, plus a$10.00 filing fee. Responding to Chair Jerke, Bruce Barker,County Attorney,stated the
County owns full mineral rights on said property. Commissioner Vaad moved to accept said bid. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE-NE1/4, E1/2SE1/4,S30,T8N, R59W: Ms. Eurich
stated the sole bid was received from Walsh Productions in the amount of$10.00 per acre, or a total of
$1,533.40, plus a $10.00 filing fee. Commissioner Vaad moved to accept said bid. Seconded by
Commissioner Geile, the motion carried unanimously.
(CLERK'S NOTE:Qualification Based Proposal Bid for Weld County Road 3 and Weld County Road 1.5
is continued indefinitely.)
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 63 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN: Don Carroll, Department of Public Works,
stated the Nonexclusive License Agreement is required through Recorded Exemption#4148. He stated
the property is accessed from Weld County Road 63, directly north of Weld County Road 74; east of
Galeton. He further stated 60 foot of right-of-way is available on the section line, and no concerns were
received from adjacent property owners. Responding to Commissioner Long, Mr.Carroll stated the section
line is multiple use, and a nonexclusive license agreement may be granted to multiple parties.
Commissioner Long moved to approve said license agreement and authorize the Chair to sign. Seconded
by Commissioner Vaad, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR PRESCHOOL SERVICES AND AUTHORIZE
CHAIR TO SIGN -WELD COUNTY SCHOOL DISTRICT RE-8: Janet Flaugher, Department of Human
Services,stated the agreement will provide preschool services for 180 children in the Fort Lupton School
District. She stated the Department will be reimbursed by Fort Lupton for staff salaries and expenses and
materials for the preschool classrooms. She further stated the term of the agreement is July 29, 2005,
through July 28, 2006. Commissioner Geile moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START AND AUTHORIZE CHAIR TO
SIGN-PLAN DE SALUD DEL VALLE: Ms. Flaugher stated the on-going agreement with Plan de Salud del
Valle will provide dental screenings for Head Start eligible children in the south area of the County. She
stated Plan de Salud del Valle will be reimbursed $5.00 for each dental examination, and other dental
services will be provided and reimbursed based on the medical fee schedule. Commissioner Geile moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR 2005-2006 SCHOOL YEAR AND
AUTHORIZE CHAIR TO SIGN-CENTENNIAL BOARD OF COOPERATIVE EDUCATIONALSERVICES
(BOCES): Ms. Flaugher stated Centennial BOCES serves County sites and will provide services to County
site children who have an active IEP, and the County will be reimbursed $100.00 per child. She stated
inservice training will be provided,as well as special education services for children and consulting services
for families. She further stated a reimbursement of$240.00 each month will be provided for each child
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Page 2 BC0016
served that is not eligible for Head Start. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDERAGREEMENT FOR CHILD AND ADULT CARE FOOD PROGRAMANDCERTIFICATEAND
STATEMENT OF AUTHORITYAND TRUTH OF APPLICATION AND AUTHORIZE CHAIR TO SIGN: Ms.
Flaugher stated as staff agrees to follow the USDA requirements for preparing and serving food, the
Department will be reimbursed for the meals provided to children who are eligible for free or reduced
lunches in Weld County in the preschool program. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR VIOLENCE AGAINST WOMEN ACT(VAWA)GRANT FOR THE VICTIM
ADVOCATE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Susan Cvancara,Sheriffs Office,stated the
Victim Advocate Program is a brand new program in the Sheriffs Office,which started September 1,2005.
Responding to Chair Jerke, Ms. Cvancara stated the former South Weld Victim Services program is no
longer in place, as this program is seeking funding to be implemented County-wide. She stated the
program will start servicing the County from the Milliken area and south,then will begin services in the north
part of the County. Responding to Commissioner Vaad, Ms. Cvancara stated a one-week extension was
granted for submitting the application, and it is due on Friday,September 15,2005. Commissioner Vaad
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPLICATION FOR VIOLENCE AGAINST WOMEN ACT (VAWA) GRANT FOR THE
VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's
Office, stated the District Attorney's office has received a VAWA grant for the past two years. She stated
staff has requested funding to add full-time Victim's Witness personnel,to administer assistance with the
load of sexual assault cases. She stated the grant provides funds for staff to process domestic violence
and sexual assault crimes. She further stated she believes extra funding will be administered this year,and
the total funds of$22,850.00 are requested from the State. Commissioner Masden moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ANDRE CIARAVOLA: Mike
Sampson, Assessor's Office, stated staff recommends approval for the same amount the property was
valued at for the 2005 tax year. He stated actual assessed value of the property is$11,460.00,and stated
the value was previously incorrect as the acreage was misrepresented. He stated a refund in the amount
of$1,743.00 for the 2003 tax year,and$1,702.00 for the 2004 tax year are requested. Commissioner Geile
moved to approve said petition for abatement. The motion, which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-SUMMIT VIEW DEVELOPMENT,
LLC: Mr. Sampson stated staff recommends denial of the petition based upon the provisions of
C.R.S. 39-5-117. He stated staff received no notice of demolition prior to the levying of taxes, and the
petitioner stated the house is no longer present on the property. He further stated that state statute
mandates notification be received by the Assessor's Office before the taxes are levied. Commissioner
Geile moved to deny said petition of abatement,based on staffs recommendations. The motion,which was
seconded by Commissioner Long, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BOULDER SCIENTIFIC COMPANY:
Raelene Anderson, Assessor's Office, stated some of the equipment was classified incorrectly, and the
equipment should be classified as computer-dependent, which is given a shorter term life. Responding
to Commissioner Geile,Ms.Anderson stated computer-dependent equipment receives a four-year life,and
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the equipment was previously valued at a ten-year life. Commissioner Vaad moved to approve said petition
for abatement. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ZIONS SMALL BUSINESS LOAN
TRUST, SERIES 2000-1, C/O JP MORGAN CHASE BANK: Mr. Sampson stated the subject property is
the Heritage Inn,a hotel in the Evans area,and has become dismal property over the last seven years. He
stated two appraisals have been completed on the property,both of which were reviewed in year2005,and
the 2005 value placed on the property was$1,062,000.00. He stated the value was reduced because of
a major reduction in income the past several years, and the property is in need of upgrades and
renovations. He further stated the refund for tax year 2003 is in the amount of$15,694.34, and the refund
for tax year 2004 is in the amount of$15,138.94. Responding to Commissioner Geile,Mr.Sampson stated
there is a lot of risk associated with the property,as it is not well located, and needs major improvements,
and he believes the cap ratio to be between 18 and 20 percent. Responding to Chair Jerke, Mr. Sampson
clarified the value placed on the property was $1,062,000.00 for years 2003, 2004, and 2005. Further
responding to ChairJerke,Mr.Sampson stated the income generated by the property is significantly lower
than in previous years. Victor Stark,Zions First National Bank representative, stated Zions acquired the
property through foreclosure in the early part of 2005, and paid the back taxes and current taxes due. He
further stated the property was sold last month for $850,000.00, and the property was appraised at
$900,000.00. Mr. Stark stated the property has been losing money for the owners for the past several
years, and the second trust deed owner recently passed on the right of redemption at the recent
foreclosure,and walked from the investment. He stated the property was sold to a Denver organization that
has started renovations on the property. Responding to Commissioner Geile,Mr.Starks stated Zions Bank
still hold a vested interest in the property of 20 percent. In response to Chair Jerke, Mr. Starks stated he
concurs with the Assessor's valuation, as it is within ten percent of the most recent appraisal.
Commissioner Geile moved to approve said petition. The motion,which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER DECLARATION OF EXHIBITION BUILDING AT ISLAND GROVE PARKAS PART OF THE
TREASURER'S OFFICE FOR PURPOSE OF TAX LIEN SALE: Mr. Barker stated C.R.S.Section 39-11-
109 states the tax sale must be held at the Treasurer's Office; however, more space is needed, and the
sale will be held at the Exhibition Building at Island Grove Park. He stated by resolution, the Treasurer's
Office will officially be extended to Island Grove for one day only, Thursday, November 3, 2005.
Commissioner Vaad moved to approve said declaration. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER REQUEST FOR VACATION OF ALLEYWAYS ADJACENT TO LOTS 1 THROUGH 5 AND
LOTS 22 THROUGH 26, BLOCK25, CLAYTON PARK,CITY OF GREELEY: Mr. Barker stated a transfer
of the Stoll properties, formerly owned by the Greeley Urban Renewal Authority, was completed on
August 1, 2005. He stated the Clayton Park Subdivision lies to the south and to the west of the Walton
Building. He further stated the City of Greeley sent a request that the Board formally request the vacation
of the alleyway,so that the property may be useable for the County to expand the parking area surrounding
the Walton Building. Mr. Barker stated the City of Greeley still maintains ownership of lots that are west of
the alleyway, and those lots will be leased to the County. Commissioner Long moved to approve said
request for vacation. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE SALE OF
SAME TO ROLLER AND ASSOCIATES AUCTION: Ms. Eurich stated an annual auction is held in
conjunction with Larimer County and other municipalities to sell off surplus property, and the County has
a surplus of mostly light vehicles for this year's auction. Commissioner Vaad moved to declare said
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Page 4 BC0016
equipment as surplus, and authorize the sale. The motion, which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO NOXIOUS WEED MANAGEMENT ADVISORY
BOARD: Commissioner Vaad moved to appoint Bud Clemons and Shirley Soto to the Noxious Weed
Management Advisory Board,and reappoint Chuck Birkemeyer,with terms to expire August 19,2008. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDERAPPOINTMENTTO PLANNING COMMISSION: Commissioner Vaad moved to appoint Paul
Branham to the Planning Commission, with a term to expire July 31, 2006. The motion, which was
seconded by Commissioner Masden, carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1459 - TONY DOWDY AND MIKE WHISTANCE: Chris Gathman, Department of Planning
Services,stated full release of collateral in the amount of$5,000.00 is requested, and staff recommends
approval. He stated the required landscaping and screening have been satisfactorily completed.
Responding to Commissioner Geile,Mr.Gathman stated the property is located south of Weld County Road
20,and east of U.S. Highway 85. Commissioner Masden moved to approve said cancellation. The motion,
which was seconded by Commissioner Vaad, 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
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
Robert D. Masden
Glenn Vaad
Minutes, September 14, 2005 2005-2781
Page 5 BC0016
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