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Home My WebLink About20041240 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 26, 2004 TAPE #2004-19 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 26, 2004, 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 Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long 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 Geile moved to approve the minutes of the Board of County Commissioners meeting of April 21, 2004, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on April 21,2004,as follows: 1)USR#1438-HCP Ventures,LLLP/Floyd Winslow,c/o Careers World Wide, and 2) COZ #1020 - Wake, LLLP, c/o Clifford Clift and Paul Clift. Commissioner Long 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 Vaad moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. 2004-1240 BC0016 D5- /3- ey PRESENTATIONS: PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS - COLORADO CHILDREN'S CAMPAIGN: Commissioner Long introduced Jane Weber from the Colorado Children's Campaign,who explained its program which is in operation to insure the voice of children are heard. She stated for the annual Doll Day Project,classrooms of children are given dolls to color,which are then presented to various government officials to serve as a reminder that the future of the children of colorado depends on the policies set, the decisions made, and the funding provided. She stated the ones being presented to the Board were colored by University Schools in Greeley and expressed her thanks on behalf the Board's efforts for children. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $465,302.92 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER CONVEYANCE OF EASEMENT,TEMPORARY CONSTRUCTION EASEMENT,AND GRANT OF PERMANENT EASEMENT FOR WCR 51 AND AUTHORIZE CHAIR TO SIGN-MARION AND CYNTHIA NEWNAM: Frank Hempen,Jr., Director of Public Works,stated this is for the acquisition of the Newnam tract, in the amount of$1,968.00, which includes a permanent easement and a construction easement. Responding to Commissioner Vaad, Mr.Hempen stated this is for the Weld County Road 51 project,which is associated with the Calpine project. Commissioner Long moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 - XEROX CORPORATION: Ralene Anderson, Assessor's Office stated staff recommends denial of this petition. She stated the Colorado Court of Appeals ruled that manufactured cost of equipment is not the appropriate manner in which to value it, rather it should be valued based on its installed or market replacement cost. Responding to Commissioner Jerke, Ms.Anderson stated the question has already been to the Colorado Supreme Court. Bruce Barker, County Attorney, stated the Board of Assessment Appeals (BAA) is the appropriate appeal, if the petition is denied by this Board. Responding to Commissioner Geile, Ms. Anderson reiterated Xerox was reporting manufacturing costs of its own copiers; however,it should have been using the original cost,installed or market replacement cost. The petitioner was neither present nor represented. Commissioner Vaad moved to deny the petition. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 AND 2002 -TAGAWA GREENHOUSES, INC.: Ms. Anderson recommended denial to await the decision of the Board of Assessment Appeals on the taxpayer's petitions for 1999 and 2000 which are currently being considered. Responding to Chair Masden, Ms. Anderson stated the Colorado Court of Appeals has determined that greenhouses should not be classified as agricultural, and should be assessed as other agricultural. Responding to Commissioner Geile,Chris Woodruff,Assessor's Office,stated the question is determined by how the land is classified. If the land is classified as farm or ranch, the equipment would be exempt. He reiterated during 2001 and 2002,greenhouses were not considered agricultural, based on a Supreme Court ruling;therefore,the staff is holding to that ruling for land and equipment. Mr.Woodruff stated there have also been several attempts in the Legislature to redefine greenhouses as agricultural;however,none have been successful. Ron Sandstrom, representing Tagawa Greenhouses, Inc.,stated the agricultural designation arises from the land productivity, not only the location of the structure. He stated he has a Minutes, April 26, 2004 2004-1240 Page 2 BC0016 problem with an administrative denial,which could then be reviewed later. He stated this case is the same as the one being considered by the BAA. Commissioner Geile moved to deny the petition. The motion, which was seconded by Commissioner Long, carried four to one, with Commissioner Jerke against. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2001 AND 2002- KITAYAMA BROTHERS, INC.: Ms. Anderson recommend denial for the same reasons as the previous case. Responding to Commissioner Geile, Mr. Woodruff explained that since 1983, the land must first be classified as agricultural before the equipment can be exempt. He stated that ruling has been upheld by the Colorado Supreme Court. Mr. Sandstrom stated this case is different than the previous case, and explained that Kitayama Brothers, Inc.,grows roses. He stated that during 2001 and 2002,all roses were grown in the ground, which created the nexus between the ground and the flowers. Mr. Sandstrom explained that in 2002,the petitioner stopped growing roses and converted its facilities to a leased property. However, he stated, during the years in question they were growing roses in the ground and should, therefore,be classified as agricultural. Mr.Sandstrom presented Valuation Data,marked Exhibit A,which includes an equipment list for 2001 and 2002 related to production. He read the definition of agricultural equipment,and stated after the land is determined to be agricultural,the equipment costs which tie back to production are adjusted out before personal property is assessed. (Changed to Tape#2002-20.) Mr. Sandstrom stated he has requested an assessed value of $7,032 for 2001 and $6,109 for 2002. Responding to Commissioner Vaad, Mr.Woodruff stated he did not have a copy of Exhibit A prior to this hearing, and his concern is whether the land should be reclassified, since it is unclear what was being raised in the ground while it was in transition to a leased property. He stated it is not clear how the land was being used while in transition and,although he does not dispute consumable supplies being deducted,he does have concerns about whether the land should be classed as agricultural. Responding to Commissioner Geile, Ms.Anderson stated she has not had a chance to review the information presented by Mr. Sandstrom,and Mr.Woodruff stated if this is denied,2001 and 2002 could be consolidated into the case already pending before the BAA. Mr.Sandstrom stated there is a difference because of the filing fee that must be paid to file with BAA,and he would like a positive ruling from this Board. Commissioner Geile moved to continue to May 24,2004,at 9:00 a.m.,to allow staff time to review the current information. The motion, which was seconded by Commissioner Vaad, carried unanimously. FINAL READING OF ORDINANCE#2004-2,IN THE MATTER OF REPEALING AND RE-ENACTING,WITH AMENDMENTS,CHAPTER 5,ARTICLE IV,OF THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was seconded by Commissioner Long, carried unanimously. Mr. Barker read the title of Ordinance #2004-2. Mr. Warden stated this is the change to the Purchasing Policy to incorporate a qualification-based selection process. No public testimony was given. Commissioner Vaad moved to approve Ordinance#2004-2 on final reading. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER APPOINTMENT TO AREA AGENCY ON AGING BOARD: Commissioner Vaad moved to appoint Pamela Shaddock to the Area Agency on Aging Board,with a term to expire January 31,2007. 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. Ordinance #2004-2 was approved on final reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, April 26, 2004 2004-1240 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: !/ �;�'� EL 1L � • ��il 3DLdernChafrbert Weld County Clerk to the . . .r. �J �y William II+...derke, Pro-Tem Afr Deputy Clerk to the Board % l -ez(A, M. Geile David . Long Glenn Vaa Minutes, April 26, 2004 2004-1240 Page 4 BC0016 I attot dezmrk(r ► 1b � + 4 : ,',,i_ ci,,, :. • „----tress" ,,ewe �� r THESE DOLLS WERE CREATED BY THE STUDENTS AT UNIVERSITY SCHOOLS IN GREELEY TO COMMEMORATE THE COLORADO CHILDREN'S CAMPAIGN'S DOLL DAY EVENT. THEY ARE A "THANK YOU" FOR THE WORK YOU HAVE DONE ON THE BEHALF OF THE CHILDREN OF COLORADO AND TO SERVE AS A REMINDER THAT THE FUTURE or THE CHILDREN OF COLORADO DEPENDS ON THE POLICIES YOU SET, THE DECISIONS YOU MAKE AND THE FUNDING YOU PROVIDE. Hello