HomeMy WebLinkAbout20141428.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 7, 2014
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
Administration Building, Greeley, Colorado, May 7, 2014, at the hour of 9:00 a.m.
El 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
la MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 5, 2014, as printed. Commissioner Garcia seconded the motion, and it
carried unanimously.
e READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2014-2
by tape. Commissioner Conway seconded the motion, which carried unanimously.
la AMENDMENTS TO AGENDA: Commissioner Conway moved to add, under the Consent
Agenda, #6) Agreement for Professional Services for River and Stream Debris Removal and Disposal
(Bid #61400097) — Anderado Construction Corp. Seconded by Commissioner Freeman, the motion
carried unanimously.
(Clerk's Note: Commissioner Kirkmeyer present at 9:02 a.m.)
e CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
e PUBLIC INPUT: No public input was given.
Minutes, May 7, 2014 2014-1428
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El COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported this is the last
day of the legislative session, and he is pleased to report that they are on the verge of a victory the
Board has been working towards at CCI and elsewhere. House Bill 1375, sponsored by House Minority
Leader Brian DelGrosso, requires that cities obligate as high a percentage of their sales-tax revenues
as they require counties to obligate of their property-tax revenues when creating urban renewal districts
that rely on tax-increment financing for development. The bill passed the House by a 40-25 vote
Monday and now moves onto the Senate with less than two weeks to go in the 2014 legislative session.
Commissioner Conway said this bill brings about transparency and accountability to the tax payers in
urban renewal districts. He thanked the bill's sponsors, noted that even Boulder County
Commissioners expressed support, and added that not all municipalities were opposed to it. He stated
he is proud that this became a legislative priority at CCI due to the efforts of this Board.
el Commissioner Kirkmeyer said counties and municipalities have been working on these issues for
20 years, and this Board has never taken a position against urban renewal areas or tax increment
financing; however, each taxing entity should be in control of, and accountable for their taxation. This
bill levels the playing field and allows all interested parties a seat at the table. She referenced the
approximately 30 intergovernmental agreements the County currently has with its municipalities. e
Commissioner Conway reported on the Frontier House Breakfast, saying it was very moving, and they
expressed appreciation for the Board's Mental Health Month Proclamation. He announced that tonight
at 5:00 p.m. there is a CDOT open house at the Icehaus and there is also an 1-25 Coalition meeting
tonight at the Southwest County building.
NEW BUSINESS:
e 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — ADAM AND KAREN
MACK: Christopher Woodruff, Assessor, reviewed this petition regarding tax years 2011 and 2012, he
noted this was discounted as vacant land and also reduced to reflect the soft economy; the base
market value in the subdivision was set and then reduced. Therefore, staff was not persuaded that a
lower value was appropriate and recommends denial. He confirmed the petition did not present any
other evidence, apart from the value argument, and the Macks were notified of today's hearing.
Commissioner Garcia moved to deny said petition. The motion was seconded by Commissioner
Conway, and it carried unanimously.
e 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ADAM CONTOS:
Mr. Woodruff reviewed the property description of this petition for the years 2011 and 2012, and stated
that the property value was petitioned and adjusted downward in 2011, and, therefore, cannot be
adjusted again by statute. He noted that a correction was made to the square footage and number of
bathrooms in 2012; however, the tax rate did not change after those adjustments, and staff is
recommending denial of that year as well. In response to Commissioner Garcia, Mr. Woodruff said the
value appraisal establishes a taxation range and the difference did not significantly alter the market
value, and explained the process further - noting the petitioner's request was well outside this range.
Commissioner Freeman moved to deny said petition. The motion was seconded by Commissioner
Garcia and it carried unanimously. As an aside, Mr. Woodruff thanked the Board for their leadership on
HB 1371 (which establishes the point of allocation at a wellhead's location), and said it is a big help to
the assessor's office and to oil and gas companies, as it standardizes taxation. He stated he does not
believe the bill will adversely affect the mineral owners. The Board thanked Mr. Woodruff, in return, for
his part in passing the bill.
e 3) CONSIDER WORK ORDER FORM [FLOOD REPAIRS - EM-BR61/54A(#2)] PURSUANT TO
AGREEMENT FOR CONSTRUCTION SERVICES (EXCAVATION/SEDIMENT REMOVAL) AND
AUTHORIZE CHAIR TO SIGN - ALL COWBOY EROSION CONTROL, LLC: Josh Holbrook,
Department of Public Works, explained the landowner will remove material from his side of the fence
line and the Department of Public Works will move the remaining material from the fence line on the
Minutes, May 7, 2014 2014-1428
Page 2 BC0016
County's side and use it as fill for nearby projects. Commissioner Conway moved to approve said work
order and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
e 4) CONSIDER CONSENT TO SETTLEMENT OF ROYALTIES AND AUTHORIZE CHAIR TO
SIGN - NOBLE ENERGY, INC.: Esther Gesick, Clerk to the Board, explained this is the
acknowledgement of a clerical oversight on the part of Noble Energy regarding this lease, the Board
would be signing off on royalty payments of $1,741.38, since 1993, and the royalties will be paid as
usual from this point forward. Commissioner Freeman moved to consent to settlement and authorize
the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
le 5) FIRST READING OF CODE ORDINANCE #2014-2, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Ms. Gesick explained this change is in response to feedback from the Small Tract lease holders
and also economic conditions. The royalty will be reduced from 25 percent to 18.5 percent, and the
front-end royalty bonus doubled from $600.00 to $1,200.00 per acre. This change also addresses the
forced pooling issues. Chair Rademacher opened the meeting to public comment. Commissioner
Kirkmeyer moved to approve said ordinance on first reading. The motion was seconded by
Commissioner Freeman, and it carried unanimously. Bruce Barker, County Attorney, confirmed this
applies to leases going forward, even prior to the final reading, by the consent of the Board.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2014-2 was approved on First Reading.
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD` COUNTY, COLORADO GG
ATTEST: aft, �o �12� C J4�4 act r
Do glat Rademacher, Chair
Weld County Clerk to the Board ,
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orb c ed, Pro-Tem
BY: , ,C�e�GL�� l
Depu lerk to the Boar
Sean P.ilikireLli ,a G
1161 ::= - � Mike Freeman
William F. Garcia
Minutes, May 7, 2014 2014-1428
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