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Home My WebLink About980955.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 3, 1998 TAPE #98-14 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, June 3, 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 Hall moved to approve the minutes of the Board of County Commissioners meeting of June 1, 1998, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Baxter moved to approve the Certification of Hearings conducted on June 1, 1998, as follows: 1) Retail Liquor Store License Application for Dorothy Zitek, dba Hereford Package Liquor; and 2) Hotel/Restaurant Liquor License for RKF Enterprises, LLC, dba Old Saddle Saloon. Commissioner Hall seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed. Commissioner Webster seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 980955 BC0016 PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $288,858.69 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Pat Persichino, Director of General Services, stated he had no new bids to present. APPROVE LAUNDRY BID - VARIOUS DEPARTMENTS: Mr. Persichino recommend acceptance of the sole bid from Unitog. Commissioner Kirkmeyer moved to accept said bid. Seconded by Commissioner Baxter, the motion carried unanimously. APPROVE THREE-YEAR CONTRACT FOR OXYGEN, ACETYLENE, AND VARIOUS GASES BID - VARIOUS DEPARTMENTS: Mr. Persichino recommended acceptance of the low bid from Colorado Oxygen for various gases in the amount of$18,427.55. Commissioner Baxter moved accept said bid. Seconded by Commissioner Hall, the motion carried unanimously. BUSINESS: OLD: CONSIDER DUST BLOWING COMPLAINT - S18, T8N, R60 (THOMAS/LINDSEY): Bruce Barker, County Attorney, explained Thomas Trust owns seventy percent of the property and Colin Lindsey owns thirty percent. Mr. Barker stated he spoke with David Swank, attorney, who explained the previous trustee went out of business and currently he is trying to get a new trustee appointed which may take 30 to 45 days. Mr. Barker also spoke with Kevin Lindsey, Thomas Lindsey's brother, to inform them that the Board would be considering this matter today. Neither party has claimed responsibility for the property. Mr. Barker stated until a trustee is appointed, the Board has no one to issue the order to, and suggested continuing this matter for thirty to sixty days. Commissioner Kirkmeyer stated it may be difficult to determine that an emergency exists after that amount of time has passed and suggested issuing an order and then presenting it to the new trustee. Mr. Barker stated that process is possible; however, it does not allow the owner to respond in a due process. In response to Chair Harbert, Mr. Barker clarified the deed is in the name of the Trust, as well as Mr. Lindsey's name; however, Mr. Lindsey has no control over the management of the property. In response to Commissioner Webster, Mr. Barker stated the property was under contract but was not sold because the owners did not feel enough money was offered. Commissioner Webster commented that there appears to be an emergency in the fact that this condition has existed for approximately ten years. Mike Shay, West Greeley Soil Conservation District representative, stated he received a letter from Mr. Barker requesting he view the site and submit a Minutes, June 3, 1998 980955 Page 2 BC0016 recommendation to the Board. Mr. Shay stated the soil is a Sandy Lome and the usual recommendation to deep-till the soil will only make matters worse with this type of soil. In response to Commissioner Webster, Mr. Shay estimated the property is two sections in size and stated it is not in a set aside program. He added there is very little cover and he saw evidence of drill marks; however, there is no significant growth. Mr. Shay stated eventually weeds will solve the problem. The other solution is to surface apply manure or sewage sludge; however, it will be difficult to determine who will would for this procedure. Chair Harbert recommended working with the Health Department to help with the funding. Commissioner Baxter stated the site has already been approved for the application of manure or sewage sludge. In response to Chair Harbert, Mr. Barker stated the Board of Health determines where sludge may be applied and it generally costs $15 per acre. Following discussion, Mr. Shay stated this will be an ideal site for sewage sludge and he does not feel it will be a hazard to the surrounding community. There was no public input concerning this matter. Mr. Barker stated notice was given to Thomas Lindsey through a discussion with his brother Kevin Lindsey and explained the statute does not require written notice. Commissioner Kirkmeyer moved that an emergency condition does exist due to the fact that damage is occurring on surrounding properties and can be materially lessened by order of the Board which is detailed in the letter from Mr. Shay dated May 21, 1998, using the option to surface apply municipal sludge or manure to provide enough residue to reduce erosion. Commissioner Baxter seconded the motion, which carried unanimously. NEW: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN -GTC NUTRITION COMPANY: Warren Lasell, County Assessor, stated the wrong year was used when figuring the depreciation for the 1996 and 1997 valuations resulting in a double depreciation, and he recommended approval of said petition. Commissioner Webster 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 - HERMAN AND BETTY SCHLAGEL: Mr. Lasell explained this petition is a result of technical problems when trying to calculate the value of outbuildings. Commissioner Baxter moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN - ROBERTA FEATHER, CAROL AND DIANA JENSEN: Mr. Lasell explained due to a computer error the value of outbuildings was miscalculated. There was also a change in value from irrigated land to dry pasture, and corrections made to estimated details on the house. In response to Commissioner Webster, Mr. Lasell stated the software for calculating outbuilding valuation is difficult to develop and flaws with the system are still being corrected. Commissioner Hall moved to approve said petition and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, June 3, 1998 980955 Page 3 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES AND AUTHORIZE CHAIR TO SIGN -ANN LUCAS: Mr. Lasell stated there was a mass appraisal problem which valued the land too high due to a lost adjustment during a computer conversion, and he recommended approval of this petition. 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-EDWARD AND ESTHER TAYLOR: Mr. Lasell stated he received correspondence from Edward and Esther Taylor opposing the tax increase on their property. In response to Commissioner Hall, Mr. Taylor referred to the letter he sent dated May 26, 1998, explaining he received no notification of the tax increase making it very difficult to pay the additional amount. Commissioner Hall commented that the State requires a residential value be set and the purpose of the Board's decision for abatement must be based on the value of the home, not a misunderstanding. Mr. Taylor stated he is not in opposition to the value of the home, rather he is concerned about not receiving notice prior to taxes. Commissioner Kirkmeyer stated notices are sent at the first part of May and Mr. Taylor was not the owner of the home at this time. Mr. Barker explained Mr. Taylor had the opportunity, as the new owner, to call the Assessor's Office and obtain the property valuation and amount of taxes due. The abatement process only determines the value of the property, not the amount of taxes to be paid. Commissioner Hall moved to deny said petition and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN -SCHAEFER: Mr. Barker explained this is a standard agreement to providing training and employment services to Kristine Schaefer, an employee of the Ambulance Service. Commissioner Baxter moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Hall, 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. Minutes, June 3, 1998 980955 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADOO, iardi ATTEST: f��ff��,;" _`,L , :Ntis% Constance L. Harbert, Chair Weld County Clerk ( i ' u1 ' � W. . Webster, Pro-Tem drank *.'AI BY: dii . �, ..... r_r 1 Deputy Clerk to th `. 9 N'\ e orge . Baxter Dale K. Hall EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer Minutes, June 3, 1998 980955 Page 5 BC0016 Hello