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Home My WebLink About20001166.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 17, 2000 TAPE #2000-15 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 17, 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 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 Director of General Services, Pat Persichino MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners meeting of May 15,2000,as printed. Commissioner Hall seconded the motion,and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Hall moved to approve the Certification of Hearings conducted on May 15, 2000, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit #1257, Jim Docheff, Docheff Dairy. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed Commissioner Geile seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, PLANNING COMMISSION-BRUCE FITZGERALD:Chair Kirkmeyer read the certificate recognizing Bruce Fitzgerald, who was present, for three years of service on the Weld County Planning Commission. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 2000-1166 BC0016 WARRANTS: Pat Persichino, Director of General Services, presented the following warrants for approval by the Board: All Funds $85,224.50 Electronic Transfers - All Funds $642.32 Commissioner Baxter moved to approve the warrants as presented by Mr. Persichino. Commissioner Hall seconded the motion, which carried unanimously. BIDS: PRESENT SECURITY FOR COURTHOUSE AND CENTENNIAL CENTER BID - FINANCE DEPARTMENT: Mr. Persichino presented the two bids received. Said bids will be considered for approval on Wednesday, May 31, 2000. APPROVE ARCHITECTURAL SERVICES FOR THE SOUTHWEST WELD COUNTY ADMINISTRATION BUILDING BID - FINANCE DEPARTMENT: Mr. Persichino recommended approval of the low bid from Bley Associates, Architects. Commissioner Vaad moved to approve said bid as recommended by staff, Seconded by Commissioner Geile, the motion carried unanimously. OLD BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN EASTMAN KODAK COMPANY, CORPORATE TAX DEPARTMENT(CON'T FROM 04/11/2000): Michael Sampson, Assessor's Office, stated the Assessor's Office has received information on a diskette from the petitioner, and the abatement amount has increased from the initial petition. Mr. Sampson submitted Exhibit A, including various correspondence regarding the agreement for a 13-year depreciation rather than ten. He stated in 1992 the Assessor's Office allowed obsolescence on various pieces of equipment because they were not yet operating. In 1993 the Assessor's Office staff met with the petitioner and settled on 30 percent obsolescence and the petitioner agreed to a 13-year life depreciation. Mr. Sampson referred to a letter dated April 10, 1996, requesting a 30 percent obsolescence, but the request was denied in a letter dated May 13, 1996. In 1997, Dave Finnman, Kodak representative, did not even request an obsolescence at that time. He stated this same issue has already been heard by the Board and was sent to the Board of Assessment Appeals. Mr. Sampson read a letter from Mr. Finn, dated April 15, 1998 for the record, which indicates the petitioner was aware that obsolescence was not needed, and a response letter dated May 11, 1998,was sent to the petitioner indicating the equipment would remain on the 13-year depreciation schedule. Mr. Sampson stated the petitioner was aware of the agreement, whether or not they now agree with the terms. He stated the Assessor's Office was willing to grant additional obsolescence while the equipment was not in operation, and at this point he does not feel it is appropriate to change the depreciation life back to 10 years. He further stated the depreciation tables change every year and the Assessor's Office will be receiving less taxes than if it had left the depreciation at the original 10-year life. Mr. Sampson stated there are also outstanding issues regarding non-taxable equipment however,the Assessor's Office staff has not had adequate time to evaluate the submitted information. He stated the abatement for 1997 needs to be corrected by eliminating two pin numbers that have already been appealed and cannot be repetitioned in an abatement. In response to Commissioner Geile, Mr Sampson stated the issue to be heard by the State was granted a continuance and a new date has not been set. He requested this matter be denied and sent to the Board of Assessment Appeals since it is considering the same issue. He further stated it is difficult to figure the exact difference between what would have been received under a 10-year life versus the 13-year life because the depreciation tables have changed. In response to Commissioner Baxter, Mr. Sampson stated the petitioner was assessed the 10- year value spread over 13 years, which has resulted in less money earned by Weld County. Minutes, May 17, 2000 2000-1166 Page 2 BC0016 Norman Wright represented the petitioner and stated this abatement is for all nine personal property schedule amounts. He stated the abatement last year only affected two of the accounts which are now before the Board of Assessment Appeals. Mr. Wright referred to Exhibit 4 which details the various accounts with Weld County. He stated a consultant was hired to review all of the equipment and they rescheduled all equipment that was not classified as a manufacturing asset. He stated they also submitted detailed cost data that should not have been included for property tax purposes. Mr. Wright stated the errors total approximately$800,000.00 in tax monies. He further stated there is a difference between the 10-year versus 13-year depreciation of approximately$180,000.00. In response to Chair Kirkmeyer, Karen Bishop, consulting firm representative, stated she was not involved when the erroneous information was submitted. In response to Commissioner Geile, Mr.Wright stated $800,000.00 represents taxes paid due to errors and it also includes the two pin numbers that the Assessor's Office indicated should be removed. In response to Commissioner Baxter, Mr. Sampson stated in 1997, the submitted numbers were run and the petitioner did not contest, and he does not feel there is adequate support to justify making changes. Commissioner Baxter stated he does not feel there is enough information at this time to make an informed decision. Mr. Wright stated they have submitted information; however, the Assessor's Office has not had time to analyze it. In response to Chair Kirkmeyer, Ms. Bishop stated the numbers have not been changed; however, there are errors that need to be addressed. Chair Kirkmeyer commented there is no need to continue this matter because the issue can be addressed prior to going before the Board of Assessment Appeals. Mr. Sampson stated all of the issues have been lumped into one abatement in the amount of $2,399,897.51. Commissioner Geile stated errors have been made, and if evidence is submitted, it needs to be considered. Commissioner Baxter stated the total abatement is for much more than the petitioner has addressed and the various issues need to be addressed separately. In response to Commissioner Vaad, Mr. Sampson stated if the petition is denied there will still be a means of going before the Board of Assessment Appeals and there will be a considerable amount of time to negotiate the issues prior to hearings that may result in a stipulation. Commissioner Vaad moved to deny said petition and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - EQUILON ENTERPRISES, LLC, DBA TEXACO#095: Bruce Barker, County Attorney, stated Deputy Nick Genova expressed no concerns with this application. Commissioner Hall moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY,AND AUTHORIZE SALE OF SAME TO ANDERSEN'S SALES AND SALVAGE, INC.: Mr. Persichino explained State statute and the Weld County Administrative Manual require the Board to dispose of a wrecked vehicle by resolution. Commissioner Baxter moved to declare said equipment as surplus and authorize the sale to Andersen's Sales and Salvage, Inc., in the amount of $654.00. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR JUNE 14,2000: Commissioner Hall moved to approve said cancellation. The motion,which was seconded by Commissioner Geile, 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 17, 2000 2000-1166 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO ADO / 'Il,!r ►.,; ét, rkeyhat6X7 eldQ3mt .'Cle a Board /'Z(f41 ) .(li /-11- .�/ , / M. J. eile, Proem r � e Board 7 ��x- r eBaxter V+ Dale K. all �f//r. Glenn Vaad Minutes, May 17, 2000 2000-1166 Page 4 BC0016 Hello