HomeMy WebLinkAbout981794.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 30, 1998
TAPE #98-25
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 30, 1998, 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 Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of September 28, 1998, as printed. Commissioner
Kirkmeyer seconded the motion, and it carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Webster moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
981794
c,C.• JTX /mi, Q BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $420,800.86
Electronic Transfers -All Funds $2,504,248.79
Commissioner Kirkmeyer moved to approve the warrants as presented by Mr.
Warden. Commissioner Hall seconded the motion, which carried unanimously.
BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present.
BUSINESS:
NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND
AUTHORIZE CHAIR TO SIGN - GARGES: Warren Lasell, County Assessor,
stated Merle Garges, petitioner, purchased his property in November 1997;
however, it appears that the title company used the 1996 property value to pro-
rate the taxes for the sale. In response to Mr. Warden, Mr. Lasell stated the
property has been reassessed and the error was not made by Weld County. In
response to Commissioner Kirkmeyer, Mr. Barker stated this situation does not
meet the requirements for an abatement of taxes because no taxes have been
paid. He further stated the title company did not require enough taxes to be paid
by the seller of the property. Responding to Commissioner Hall, Mr. Barker
stated 80 percent of the improvements had been made to the property, so the
Assessor's Office assessed the property for the full value, and the title company
should have realized the property value was higher after the improvements were
made. Mr. Garges explained the title company stated they were given an
incorrect value by Weld County. He expressed concern over having to pay
property taxes for a period when he did not yet own the property. In response
to Commissioner Kirkmeyer, Mr. Barker stated the property has been correctly
assessed by the Assessor's Office and the seller should have paid the taxes.
Following discussion, Mr. Barker stated he will write a letter to the title company
stating Mr. Garges has attempted to resolved the situation; however, the error
was not made by the County and the title company or the previous seller are
responsible for correcting the error. Commissioner Webster moved to deny said
petition and authorize the Chair to sign. Seconded by Commissioner Hall, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 15
BETWEEN WELD COUNTY ROAD 46 AND STATE HIGHWAY 60:
Commissioner Webster moved to approve said closure. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
AND AUTHORIZE CHAIR TO SIGN - WYMER: Mr. Barker stated this
agreement is with Jefferson County as part of the OCM litigation. He explained
Weld County will receive ten percent of the settlement in the amount of
$350,000. Commissioner Baxter moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
Minutes, September 30, 1998 981794
Page 2 BC0016
CONSIDER FOUR COMMUNICATIONS TOWER AND SITE LEASE
AGREEMENTS AND AUTHORIZE CHAIR TO SIGN: Kent Donahue, Director
of Weld County Regional Communications, stated the Board reviewed the four
agreements in a work session and no changes have been made. Commissioner
Kirkmeyer moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER EMERGENCY MEDICAL SERVICE REPORT AND PLAN AND
AUTHORIZE CHAIR TO SIGN: Gary McCabe, Director of Emergency Medical
Services, stated the report explains grants which have been received to be used
for equipment and education and the 1999 plan explains how Weld County will
be working with other emergency service providers in the area. Commissioner
Hall moved to approve said plan and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
PLANNING: CONSIDER PROBABLE CAUSE HEARING FOR USR # 943 - WINDSOR
SHORES, INC., % LARRY ECKEL: Sharyn Frazer, Department of Planning
Services representative, stated Use by Special Review Permit (USR) #943 for
Windsor Shores, % Larry Eckel, was approved by the Board May 15, 1991. Ms.
Frazer read a memorandum for the record, dated September 28, 1998,
explaining the applicant is in a dispute with existing leasers regarding permit
fees. Ms. Frazer stated the dispute is under court order to allow the existing
leasers to use the reservoir until a full trial is held, and recommended that the
Probable Cause Hearing be dismissed at this time due to the court order.
John Barry, representative of leasers, stated they are in favor of dismissal and
explained his clients are trying to regain their space at Windsor Shore which they
had prior to Larry Eckel's purchase of the property. He stated the judge has
granted them space at Windsor Shores pending a hearing next year and they
have agreed to follow the rules until that time. In response to Commissioner
Baxter, Ms. Frazer stated the USR is for a Private Recreational Facility for
boating and camping. Mr. Barry explained his clients paid a large fee as leasers
and do not wish to pay additionally for a permit. In response to Chair Harbert,
Ms. Frazer stated the site is located northeast of the Town of Windsor.
Responding to Commissioner Kirkmeyer, Ms. Frazer stated the applicant is
attempting to show the leasers should pay a permit fee as described in the
application materials and covered in Development Standard #1. She further
stated until the court hearing is held, the leasers are in compliance, so the
Probable Cause hearing can be dismissed. Commissioner Hall commented the
County should not have been involved in a civil matter. There was no public
input concerning this matter.
Commissioner Hall found no Probable Cause and moved to dismiss the hearing.
Commissioner Webster seconded the motion, which carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No
Ordinances were approved.
Minutes, September 30, 1998 981794
Page 3 BC0016
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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: 444 / L (<6.275�iia',r'f
��I— - ...�� Constar' e L. Harb rt, Chair
Weld County Clerk to th =.ar � /L P ,t n 2 Jp 4
l C� 18 i,, '�'� �- W. H. Webst r, ro-Tem
BY:
Deputy Clerk to the 1 y--ace
1 e E. axter
Dal K. Hal
•
'Barbara J. Kirkmeyer
Minutes, September 30, 1998 981794
Page 4 BC0016
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