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Home My WebLink About20133063.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 28, 2013 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, October 28, 2013, at the hour of 9:00 a.m. le 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 William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Director of Finance and Administration, Monica Mika IR MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of October 23, 2013, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on October 23, 2013, as follows: 1) USR13-0033 - Anadarko E&P Onshore, LLC, c/o Kerr-McGee Oil and Gas Onshore, LP, and 2) USR13-0042 - AKA Energy Group, LLC. Commissioner Kirkmeyer seconded the motion, which carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. El PUBLIC INPUT: Doug Meyer, County resident, reported he crossed the bridge on CR 53, and thanked the Department of Public Works for ongoing flood repairs. He spoke in regard to an article in last week's Greeley Tribune, regarding polluting ammonia and nitrogen pollution in Rocky Mountain National Park and allegations this comes from Weld County and Fort Morgan. He also spoke in regard to the Public Trust water issue, which may appear on next year's ballot. Minutes, October 28, 2013 2013-3063 Page 1 BC0016 BIDS: ID 1) APPROVE BID #B1300176, TAX NOTICES AND ENVELOPES - TREASURER'S OFFICE: Trevor Jiricek, Director of General Services, stated there were four bidders, and staff recommended Peregrine Corporation, the low bidder at $43,996. In response to Commissioner Conway, John Lefebvre, Treasurer, noted many corporations may not qualify for the new postal standards and 3D barcodes, and reported these will be sent in early January to avoid the coming three cent postal increase. Commissioner Rademacher moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: 1) CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 39 AND 43: Janet Carter, Department of Public Works, explained this is a three-week closure for the replacement of Bridge 39/41B (due to the recent flood damage), and begins November 4, 2013. Commissioner Conway moved to approve said temporary road closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 2) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - PELICAN SHORES NORTH HOMEOWNERS ASSOCIATION: Leon Sievers, Department of Public Works, explained this is for the CR 23 and CR 36 flood project, and located north of the river. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 3) CONSIDER AGREEMENT FOR ANNEXATION OF A PORTION OF CR 46, MA INEZ BOULEVARD, AND AUTHORIZE THE CHAIR TO SIGN - TOWN OF MILLIKEN: Stephanie Arries, Assistant County Attorney, explained that Milliken's Town Officials and Advisors were slow in returning the agreement, but this relieves the County from all future responsibility for this road, noting the paving that was done by a developer is not up to County standards; it is utilized primarily by the housing developments, and Milliken has already been caring for this section of the road for quite awhile. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. In response to Commissioner Kirkmeyer, Ms. Carter said Milliken doesn't have in-house counsel, so that's why it took extra time to finalize this. Seconded by Commissioner Conway, the motion carried unanimously. Ei 4) CONSIDER AGREEMENT FOR ANNEXATION OF A PORTION OF CR ROAD 23, AKA ALICE AVENUE, AND AUTHORIZE CHAIR TO SIGN - TOWN OF MILLIKEN: This item is related to the previous one. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. IE 5) CONSIDER AMENDMENT TO WELD COUNTY BUILDING TRADES ADVISORY COMMITTEE BYLAWS: Brad Yatabe, Assistant County Attorney, said he sees no legal issues with these amendments. The bylaws were last updated in 2002. These changes were passed by the Committee on October 16, 2013. ID Mr. Piacentino, Tim Swanson, Chief Building Official for the City of Greeley, and Robert Coon, Committee Chair, came up to speak. Mr. Coon said procedural issues and language were updated and corrected in April, and he reviewed the proposed changes regarding alternates and remote attendance. In response to Commissioner Kirkmeyer, it was confirmed there was no work session on this item and the Home Rule Charter requires that all members (even alternates) are required to reside within Weld County. She noted that no member is allowed to serve more than two terms, and alternates must also be approved by this Board; these are the rules. Minutes, October 28, 2013 2013-3063 Page 2 BC0016 Mr. Coon said the intent was to have more flexibility on who could serve, such as if someone has a business in Weld County but lives over the County line. Commissioner Kirkmeyer suggested the Committee model these policies after the Board of County Commissioners, and she suggested the matter be continued to Monday, November 4, 2013, or that the Board refer this back to the Committee and set up a work session. Mr. Yatabe concurred the changes to the bylaws would then be taken back to the Committee for their approval. In response to Commissioner Conway, Mr. Coon said they meet twice a year, in April and October, and noted communication could be relayed to Mr. Yatabe and/or Mr. Piacentino. Commissioner Kirkmeyer move to refer the matter back to this committee. The motion was seconded by Commissioner Conway, and it carried unanimously. 6) CONSIDER IMPREST FUND FOR WELD COUNTY EXTENSION OFFICE — DAIRY FUND COMMITTEE: Barbara Connolly, Controller, introduced this item. Keith Maxey, Director of County Extension, said the committee that runs this is active again, and after looking into it, they found this separate bank account established in 1995, without a County ID, that has a lot of activity related to County Extension. He said these records need to be reviewed by County staff, and this item outlines what they need to do as far as who has signing authority, procedures, etc. He said there is roughly $8,542.00 in checking and $9,900.00 in the money market account. Ei Commissioner Kirkmeyer moved to amend the resolution to show this is for the Weld County Extension Office - Dairy Fund Committee. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Kirkmeyer moved to approve the amended resolution. The motion, which was seconded by Commissioner Rademacher, carried unanimously. 7) CONSIDER AUTHORIZING COUNTY TREASURER TO ESTABLISH WELD COUNTY REGIONAL CRIME LAB OPERATIONS AND MAINTENANCE FUND: Barbara Connolly, Controller, said operations and maintenance costs shared by other entities should be running through a separate account even though, for the first couple years, costs will be covered by the Enterprise fund. Monica Mika noted Ms. Connolly has been suggesting the creation of this account for two years. Ms. Mika also mentioned this would come before the Board again for a year-end review; which will break out costs and identify work load. She said there are five entities that need this information for budgeting purposes, and Commissioner Conway noted that super computers use a lot of electricity, etc., so there may be unexpected costs in year three that can't be predicted because this is a brand new building. Ms. Mika thanked Ms. Connolly for her persistence in advocating for this, noting that breaking out costs is also the best way to get absolute transparency. Commissioner Rademacher concurred, and asked what it costs the County to audit. It was noted that Toby Taylor, Director, Department of Buildings and Grounds, already separates out his costs and data/phone services, and once it is set up it will just be part of their routine. Commissioner Conway moved to authorize the creation of said fund. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 8) CONSIDER APPOINTMENTS AND RE -APPOINTMENTS TO FAIR BOARD: Commissioner Conway moved to approve said appointments and reappointments. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. PLANNING: le 1) CONSIDER RECORDED EXEMPTION, RECX13-0103 - PATRICIA JANSMA AND KANDACE WULFERT: Michelle Martin, Department of Planning Services, explained this was a two -lot Recorded Exemption, noting part of the property is in Larimer County and part has been annexed to the Town of Johnstown. She showed the property and gave a history of the past recorded exemptions; the last recorded exemption was April 15, 2009, splitting Lot B into two lots, of 3 and 6 acres respectively, and therefore does not meet the code requirement of five years between exemptions. Now the 6 acres will be subdivided into a lot with two acres and a lot with four acres. There are two Weld County Code Minutes, October 28, 2013 2013-3063 Page 3 BC0016 rules this breaks: the largest lot size is required to be 35 acres and five years is required between exemptions. She confirmed staff spoke with the applicants about alternatives to a recorded exemption, such as a subdivision exemption. She showed photos of the site; the proposed house and lot would be to the west of this site. The nearest property owners expressed concerns that the new house would block their view of the mountains to the west. In response to Commissioner Rademacher, she confirmed that the neighbors were called and notified personally as a courtesy because they were active in the case. PE Patricia Jansma, applicant, said she wants to sell the lot to her nephew. She stated the neighbors have been unfriendly since she purchased and moved to the property, but were shown the layout and location of the proposed residence. She expressed concern that the code would be violated by a house on two acres and confirmed they purchased the property in 2009 and built on it in 2011. Commissioner Rademacher said he talked to neighbors who were adamant they were going to attend this hearing and was wondering why they did not. In response to Commissioner Kirkmeyer, Ms. Martin said Planning would still be recommending denial if the five-year rule had been met. Mr. Barker clarified that staff went above and beyond notification requirements. Commissioner Rademacher expressed concern no neighbors are present. Commissioner Freeman concurred, saying the 35 -acre rule needs to be looked at, and noted that a large barn could be built without a recorded exemption. Chair Garcia said he is not a big proponent of the 35 -acre rule, but it is the current Code, and it was adopted because areas started to look like subdivisions instead of rural areas, and to mitigate the impact of dense population. He said a USR would be a better alternative. Commissioner Freeman noted there are already four houses in this little area. Commissioner Kirkmeyer stated she concurs with all the comments and is conflicted. She noted that they are evading more than one rule. She said the 2009 exemption was obviously approved, she is concerned there are five accesses to CR 50, and she does not want to encourage evasion of the Code or this type of development in an agricultural part of the County. Commissioner Conway concurred, saying there is no intent here to subvert the rules, and the Code has already been subverted due to the existence of four other houses in close proximity to one another, and since another house will denigrate the area he is in support. Mr. Barker said Chapter 8 does not give the Board discretion to waive those requirements. In response to Commissioner Conway, Ms. Martin explained that the applicant was informed of other alternatives; this is the route that the applicant chose to pursue because their main concern is that neither home could be sold separately. Commissioner Freeman asked how the previous recorded exemptions got approved and was told the rule change was in August of 2010, and the recommendation came from the Agricultural Task Force. Commissioner Kirkmeyer noted that process took well over a year. Commissioner Conway mentioned this is not productive agricultural land. Commissioner Kirkmeyer noted recorded exemptions used to be only allowed for immediate family and resident farm workers, but Commissioner Conway stated he felt these rules were intended for more egregious examples. U Commissioner Rademacher agreed with Mr. Barker and staff, said he is opposed, and moved to deny said application. The motion was seconded by Commissioner Kirkmeyer, and the motion passed 3/2 upon a roll call vote, with Commissioners Freeman and Conway opposed. 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, October 28, 2013 2013-3063 Page 4 BC0016 There being no further business, this meeting was adjourned at 1:19 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:o�u..rar�s�..�v,�-�C.. Weld County Clerk to the Board BY: Deputy 2 Wi am aicia, Chair Douglas Rademacher, Pro-Tem Sean P. Conway T -ft w --- Mike Freeman C Barbara Kirkmeyer Minutes, October 28, 2013 2013-3063 Page 5 BC0016 Hello