HomeMy WebLinkAbout20000817.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 10, 2000
TAPE #2000-09
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 10, 2000, 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 Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Comptroller, Claud Hanes
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners
meeting of April 5, 2000, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearing
conducted on April 5, 2000, as follows: 1) Change of Zone #530, Daniel Ochsner, do Roger Kenney,
Kenney and Associates. Commissioner Hall seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
WARRANTS: Claud Hanes, Comptroller, presented the following warrants for approval by the Board:
All Funds
$541,576.93
Commissioner Baxter moved to approve the warrants as presented by Mr. Hanes. Commissioner Hall
seconded the motion, which carried unanimously.
2000-0817
BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
ROCKY MOUNTAIN FLOUR MILLING: Michael Sampson, Assessor's Office, recommended a partial
abatement as explained in the letter dated December 27, 1999. Commissioner Vaad moved to approve
said petition as recommended by staff and authorize the Chair to sign. Commissioner Baxter seconded
the motion. Brad Hofmeister represented the petitioner and stated what is being requested is no different
from what was granted the previous year. He explained Rocky Mountain Flour Milling inadvertently
reported its real property along with personal property. In response to Commissioner Hall, Mr. Hofmeister,
stated the petitioner is requesting $53,317.36 be abated. Responding to Commissioner Baxter, Mr.
Sampson stated staff recommends $35,994.48 be abated, which does not include the receiving mill. He
further stated the applicant has not provided documentation showing the receiving mill should be excluded.
Mr. Hofmeister stated the petitioner was not informed until today that further information was required. He
further stated that$703,263 is not the total value of the receiving mill. In response to Commissioner Hall,
Mr. Sampson stated the receiving mill should be left on the tax rolls until adequate documentation is
provided. Responding to Commissioner Baxter, Mr. Hofmeister stated the equipment in the receiving mill
is new and has not been used. Mr. Sampson stated unused equipment is taxable at a lessor amount if
adequate documentation is provided. Responding to Commissioner Hall, Mr. Barker stated if a portion of
the abatement is denied, the remaining portion can be petitioned to the Board of Assessment Appeals.
Commissioner Hall commented the taxpayer may not have been given enough notification of what is being
required. In response to Commissioner Hall, Mr. Hofmeister stated he can provide the necessary
information to resolve this issue. Following discussion, Commissioners Vaad and Baxter withdrew the
previous motion. Commissioner Hall moved to continue this matter to April 17, 2000, at 9:00 a.m., to allow
the petitioner adequate time to provide the Assessor's Office with the necessary documentation.
Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
JOHN AND KATHERINE REID AND JANE HAYS: Mr. Sampson stated the petitioner purchased a portion
of Lot 1, Block 1, Moser Hill, on October 20, 1998; however, the recorded Warranty Deed did not reflect
the sale and the petitioner was assessed for the entire property. Mr. Sampson stated the closing company
should have prorated the taxes for the two individual parcels at the time of sale. Mr. Reid, applicant,
submitted Exhibit A, and reiterated that at the closing, they agreed to the meets and bounds description
of the property they were purchasing; however, the Warranty Deed was recorded on the same day and
did not reflect him as only purchasing a portion of the property. Mr. Reid stated the Third Replat identifies
the actual property that was purchased, and because he did not want the portion of the property that he
does own to be listed as delinquent, he went ahead and paid the full amount of taxes. Mr. Reid stated he
should only have been responsible for taxes on the portion of the property that he purchased and the seller
should have paid the remainder. Mr. Sampson stated it is unfortunate that the closing company did not
address the taxes at the time of closing; however, it was their responsibility and this situation should not
be handled as an abatement. Mr. Reid stated the closing agent did not have the means of determining
the prorated tax amounts. In response to Chair Kirkmeyer, Mr. Barker stated property assessments were
based on a review of the property description as it existed on January 1, 1998; however, the property was
not split at that time. Mr. Barker stated the entire amount for the property has been paid, and if the
abatement is approved, the amount will not be reassessed to the actual property owner. Mr. Sampson
stated this issue should have been addressed by the closing company,and reiterated that Tax Abatement
Petitions are not designed to resolve this type of situation. Commissioner Hall stated the proper recourse
is for the petitioner to work with the previous property owner or the closing company, and he moved to
deny said petition. Commissioner Baxter seconded the motion, which carried unanimously.
Minutes, April 10, 2000 2000-0817
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
FREDRIC AND VERA STRAHL, C/O FLO LUTZ: Mr. Sampson stated the land value on this improved
property was assessed as vacant land and he recommends approval. Commissioner Baxter moved to
approve said petition and authorize the Chair to sign. Seconded by Commissioner Hall,the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN-
EASTMAN KODAK COMPANY, CORPORATE TAX DEPARTMENT: Mr. Barker referred to a letter dated
April 3, 2000, from Holme Roberts and Owen, LLC, representing the petitioner and requesting this matter
be continued. Mr. Barker recommended continuing this matter to May 17, 2000, is best for the petitioner
and staff, and allow for further submittal of information by the petitioner. Jim Butler represented the
applicant and stated May 17, 2000, would allow suitable time to provide all necessary documentation.
Commissioner Hall moved to continue said petition to May 17, 2000, at 9:00 a.m. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER HIGHWAY TRAFFIC PROJECT APPLICATION AND AUTHORIZE CHAIR TO SIGN: Ed
Jordan,Weld County Sheriff, stated this application is for funding a Weld County traffic division within the
Weld County Sheriff's Office. Sheriff Jordan stated the State Patrol has become increasingly busy
addressing traffic on major State highways and its officers cannot readily respond to traffic calls within
residential areas. Sheriff Jordan stated the application includes information and statistics to show the need
for a traffic unit in Weld County, and added Weld County had the highest number of fatalities in the State
in 1998. He indicated that public education and promoting seat belt use has helped, but this program will
provide better service to the public. Sheriff Jordan reviewed the funding over a three-year phase-in period,
which will ultimately provide one supervisor and five deputies. In response to Commissioner Vaad, Sheriff
Jordan stated Weld County will enter into an agreement to commit to continuance of the program through
the fourth year. He further stated the existing supervisors are already at workload capacity, and traffic
training among deputies is limited at this point;therefore, an additional supervisor is needed to administer
use of grant funds and general operations of the program. He added the new deputies will also be
available to provide backup to other calls if necessary, but based on the recent increase in traffic incidents,
he feels they will remain busy with traffic calls and community-oriented policing. In response to
Commissioner Hall, Mr. Fliethman stated the match amounts have not yet been budgeted because the
grant was just recently offered and the program is supposed to be implemented July 1, 2000, if funding
is approved. Mr. Jordan stated an additional benefit of the program is that it will allow the Sheriff's Office
to collect and compile data regarding traffic impacts which can be used for budgeting and new zoning
requests. Commissioner Vaad stated he supports the application because there is a good chance that it
will be granted to Weld County,and there is a demand for this type of service. Commissioner Vaad moved
to approve said application and authorize the Chair to sign. Commissioner Hall seconded the motion,
which carried unanimously.
CONSIDER 2000-2001 COMMUNITY SERVICES BLOCK GRANT APPLICATION AND PLAN AND
AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services,stated this application is for
funding of an on-going program. He stated, if granted, Weld County will receive $207,737.00 which will
be used to provide services and access in rural areas for the needy and elderly. He further stated
volunteers who drive seniors to sites that are not serviced by the Minibus Program will be reimbursed 30.5
cents per mile. Commissioner Vaad moved to approve said application and plan and authorize the Chair
to sign. Seconded by Commissioner Baxter, the motion carried unanimously.
CONSIDER AGREEMENT FOR SAMPLING AND ANALYSIS OF DRINKING WATER AND AUTHORIZE
CHAIR TO SIGN - TOWN OF MEAD: Judy Nero, Weld County Department of Public Health and
Environment,stated under this agreement the Weld County Department of Public Health and Environment
will provide analysis of drinking water for the Town of Mead, beginning January 1, 2000, and ending
Minutes, April 10, 2000 2000-0817
Page 3 BC0016
December 31, 2000. Commissioner Baxter moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF VARIOUS WELD COUNTY ROADS - WCR 6
BETWEEN SH 85 AND WCR 23; WCR 15.5 BETWEEN WCRS 52 AND 54; WCR 44 BETWEEN WCR
11 AND 1-25; AND BUSS AVENUE AT 8TH STREET INTO AIRPORT COMPLEX: Commissioner Hall
moved to approve said temporary closures. Seconded by Commissioner Baxter, the motion carried
unanimously.
CONSIDER CONTRACT AMENDMENT AND AUTHORIZE CHAIR TO SIGN-THE VILLA AT GREELEY,
INC.: Jan Spangler, Community Corrections staff was present to answer questions of the board.
Commissioner Baxter moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN-SAINT VRAIN SANITATION DISTRICT: Mr. Barker stated this is a standard agreement
for use of GIS data. Commissioner Vaad moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER GRANT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY:
Commissioner Vaad stated this easement will allow for placement of a sheltered bus bench on county
property at the northern County offices. Commissioner Vaad moved to approve said Grant of Easement
and authorize the Chair to sign. Seconded by Commissioner Baxter, 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD
�OF COUNTY COMMISSIONERS
WEJyDCOUNTY, COLORADO
ATTEST: 441,1/AW _ - . 1}_/ r
?Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Bo
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EXCUSED
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0 CE ?� M. J. Geile, Pro-Tem
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Deputy Clerk to the Boar d %yX
'Uwe /Georgts E. Baxte
Dale . Hall
Glenn Va
Minutes, April 10, 2000 2000-0817
Page 4 BC0016
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