HomeMy WebLinkAbout20131304.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 29, 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, May 29, 2013, 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 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
a MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 22, 2013, as printed. Commissioner Conway seconded the motion,
and eeq it carried unanimously.
cc .l CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on May 22, 2013, as follows: 1) USR13-0010 — Johnston Family
Farms, LLC, c/o David Lee and Donald Eymann/ Recreational Storage Solutions 2, LLC. Seconded by
Commissioner Freeman, the motion carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
a PUBLIC INPUT: Steve Teets, County resident, asked about the opening of the new crime lab.
Commissioner Conway said there will be a tour of the building this afternoon and a dedication
ceremony on August 12, 2013, at 11:30 a.m., which will be open to the public. Mr. Teets asked about
several issues recently before the Board; in response, Chair Garcia said that the City of Greeley's
decision on the dispatch issue is unclear and explained the recent Court ruling on term limits.
Mr. Teets also said he does not feel that the service of First Transit has improved and something needs
to be done. He reviewed letters he has sent on this issue. '_13 Donna Geist, County resident,
requested the Commissioners pass a Weld County Firearms Protection Code as drafted by Kevin
Blake. She objected to the deputy presence at the last County Commissioners meeting and related
that her boyfriend was patted down without his consent. Chair Garcia apologized for the impression
that was given, but said he could not speak to the actions of the deputies. He explained that the Board
(iv t
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has deputies present for potentially contentious hearings; the purpose of their presence is not for
intimidation, rather the Board hopes that their presence makes both sides of an issue feel secure to
freely express their opinions. Commissioner Kirkmeyer said that these were on -duty Weld County
Sheriff's deputies and there was no additional cost to the County for their presence. Commissioner
Kirkmeyer said this evening's public meeting on the topic of gun control will be an informal work session
prior to the third reading of the ordinance. James Walker, County resident, requested that the
Commissioners pass a Weld County Firearms Protection Code as drafted by Kevin Blake. Mr. Walker
asserted that he was searched by Weld County Sheriff's deputies at the previous Board meeting
without probable cause, and, although he was not carrying a concealed weapon at that time, if this
(meeting room) is a gun -free zone there should be a sign indicating that. la Markay Vallerio, County
resident, requested that the Commissioners pass a Weld County Firearms Protection Code as drafted
by Kevin Blake. She made reference to the recent attack in England in regard to firearms and said
weapons are not the problem, because if people want to commit murder they will find a way.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF BUILDINGS AND GROUNDS —
VIRGINIA MARTINEZ: Chair Garcia read the certificate into the record honoring Ms. Martinez's service
to Weld County. Toby Taylor, Director of the Department of Buildings and Grounds, accepted the
certificate on her behalf and expressed thanks for her dedication.
2) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - SALVADORE
JARAMILLO: Chair Garcia read the certificate honoring Mr. Jaramillo into the record. Judy Griego,
Director of the Department of Human Services, accepted the certificate on his behalf as he was unable
to attend, and thanked him for his service and dedication.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he had good
news from Public Works in regard to the final signoffs (permitting) for County Road 23 and
State Highway 392 and work should commence in the next 30 days. He said there will be a
groundbreaking ceremony with the Towns of Severance and Windsor (date not yet determined). Chair
Garcia said he went on a septic inspection tour with the Department of Environmental Health staff and
reported on a meeting with the City of Greeley regarding the Spanish Colony Improvement Plan. Chair
Garcia said he spoke in honor of the troops on Memorial Day and attended the Upstate Colorado
Economic Development Board this morning. Commissioner Conway announced a meeting this
evening at 5:30; it will be an informal discussion of the Code Ordinance on Firearms Protection.
Commissioner Kirkmeyer said the Board is also sponsoring workshops on the proposed oil and gas
setbacks and surface owner's rights this Saturday, June 8, at 10:00 a.m., at Island Grove; Tuesday,
June 11, at 2:00 p.m., at the Southwest Building, and Wednesday, June 12, at 6:30 p.m. in Fort Lupton.
She will be in attendance with Tom Parko, Director of the Department of Planning's and Keith Maxey,
Extension Office Director.
BIDS:
1) APPROVE BID #B1300078, CHEMICAL FUME HOOD (QTY. 5) - REGIONAL CRIME LAB
(CON'T FROM 5/20/2013): Trevor Jiricek, Director of General Services, said staff recommended the
bid be awarded to Haldeman-Homme, Inc., as the lowest bidder that met specifications, including
installation. Ron Arndt, Director of the Northern Colorado Regional Crime Lab, explained that the other
bids did not include installation of the equipment. Mr. Jiricek said that staff had previously requested a
Minutes, May 29, 2013 2013-1304
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continuance in order to research hiring a third party contractor to reduce costs, but decided that
approach was not cost-effective. Commissioner Rademacher moved to approve said bid and authorize
the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously.
Commissioner Kirkmeyer noted the third lowest bid was being accepted because it met specifications.
2) PRESENT BID #B1300114, AUDIONISUAL EQUIPMENT AND INSTALLATION - SHERIFF'S
OFFICE: In response to Commissioner Conway, Mr. Jiricek explained this is a new system for a
training room expansion previously discussed in a work session. This bid will be brought back before
the Board for approval on June 12, 2013.
3) PRESENT BID #61300125, SUVS - 4 DOOR (QTY. 3) - SHERIFF'S OFFICE/K-9 DIVISION:
Mr. Jiricek said staff has received bids from two vendors; this item will be brought back before the
board with a recommendation on June 12, 2013. Commissioner Conway clarified that there was a work
session on this purchase during budget discussions last fall.
NEW BUSINESS:
1) CONSIDER CONTRACT AMENDMENT #1 FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and
Environment, presented this Task Order Renewal for the County's air quality monitoring program with
an increase in funding of $2,600 over last year. In response to Commissioner Conway, Mr. Jiricek said
the County has not yet seen the requested amended policy from the state in regard to burn permits, but
staff is trying to get that addressed prior to high summer, and it will have no impact on the contract.
Commissioner Rademacher moved to approve said contract amendment and authorize the Chair to
sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
El 2) CONSIDER TASK ORDER AMENDMENT #1 FOR EMERGENCY PREPAREDNESS AND
RESPONSE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this amendment will
become part of the master contract. He explained the State Health Department is awarding Weld
County renewal funding in the amount of $218,864; this is pass -through federal funding from the United
States Department of Human Services Centers for Disease Control and Prevention. It provides support
for response to terrorism and non -terrorism events, including infectious disease and occupational and
non -occupational emergencies. He then described the scope of work, inter -agency cooperation, and
the ten essential public health services. Commissioner Conway moved to approve said amendment
and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
3) CONSIDER LOCAL AGENCY ASSURANCE AGREEMENT WITH COLORADO
DEPARTMENT OF TRANSPORTATION UNDER TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND
AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County Attorney, explained this is a written
assurance that the County will comply with standard requirements and does not create any new
burdens. He said this CDOT agreement was broader than previous versions, but CDOT had no issues
with the version Bruce Barker, County Attorney, re -drafted to reflect previous agreements. In response
to Commissioner Kirkmeyer, Bruce Barker stated that in the past the Weld County Title VI Coordinator
has been designated as the Director of Finance and Administration, but it could be changed to the
Procurement Officer or whomever the Board feels is appropriate. Chair Garcia requested Monica Mika
and Trevor Jiricek review that issue. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
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A 4) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA PEREA: Mr.
Choate reviewed this certification of a ten dollar daily penalty in regard to a non -compliant property
which has remained in violation for many years. He noted that the Court took into account the severity
of the violations and their ability to pay at the time the penalty was assessed. Mr. Choate said certifying
the penalties from the period beginning September 26, 2012, and ending on May 29, 2013, a total of
$2,460.00, as a special assessment is a reasonable and effective way to address the owners' refusal to
bring their property into compliance. There was no public comment offered. Commissioner Kirkmeyer
moved to approve said certification of special assessment. The motion, which was seconded by
Commissioner Rademacher, carried unanimously. Commissioner Kirkmeyer commented that a great
deal of County effort has been spent trying to help these property owners come into compliance.
@' 5) CONSIDER AGREEMENT FOR GPS INSTALLATION AND SERVICE ON COURT
TRANSPORT VEHICLES AND AUTHORIZE CHAIR TO SIGN - GPS INSIGHT, LLC: Sterling
Geesaman, Weld County Sheriff's Office, said this expenditure was approved under the 2013 Budget
technology and innovation request. He said they received pricing from three companies, and GPS
Insight meets the Sheriff's Office's needs in terms of pricing, equipment and service, so staff
recommends approval. Ms. Mika explained that Affiliated Computer Services uses a more informal bid
process. Mr. Geesaman reviewed the other companies for Commissioner Conway; he said GPS
Insight is the most expensive up front, but the month -to -month service plan is the best deal and there is
an option to cancel the contract if the product is unsatisfactory. In response to Commissioner
Kirkmeyer, Mr. Geesaman explained that the GPS will indicate where the transport vehicles are at all
times to ensure public safety. Commissioner Kirkmeyer moved to approve said agreement and
authorize Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
6) CONSIDER AMENDMENT TO MEMORANDUM OF AGREEMENT WITH RECIPIENT OF
WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN - NORTHEAST
EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC): Ms. Mika
referenced a work session regarding the expansion of the SBDC's services and recommended
approval of this additional funding - in the amount $10,000 dollars. Commissioner Freeman moved to
approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
7) CONSIDER AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE / FIRESTONE URBAN
RENEWAL AUTHORITY: Paul Sorenson, Mayor Pro-tem of the Town of Firestone, said Firestone
wants to grow and this is a great financial tool to allow development in undeveloped areas of the
County and to bring in tax revenue. Commissioner Freeman moved to approve said amendment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — TAMARA LOVE: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
(Clerk's Note: Order of planning items reversed by Chair's prerogative.)
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PLANNING:
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�J2) CONSIDER GRANTING EXTENSION OF TIME TO COMPLETE CONDITIONS OF
APPROVAL FOR CHANGE OF ZONE, PZ-1125, OR POSSIBLE RESCISSION OF PZ-1125,
PURSUANT TO SECTION 27-8-60 OF THE WELD COUNTY CODE - PIONEER COMMUNITIES,
INC./ H.P. FARMS, LLC: Michelle Martin, Department of Planning Services, gave a brief history of the
project, including multiple extensions previously granted by the Board, thru January 9, 2013. The
application was originally approved on January 9, 2008, the Board of County Commissioners approved
an application for change of zone for a housing development covering 5,073 Acres. Ms. Martin said, as
of this time, the required Conditions of Approval have not been satisfied and a mylar plat has not been
recorded. Ms. Martin reported that staff tried unsuccessfully for a significant period of time to contact
Jack Reutzel, the project's legal representation, and then took the initiative to contact each of the
property owner's individually. Finally, on May 23, 2013, staff was contacted by Mr. Reutzel and
received the draft plat and associated documents, and is now requesting additional time in order to
review them. Chair Garcia confirmed with Ms. Martin that any redlines will be sent back to the applicant
to be printed on the final mylar plats and that the extension requested by staff wouldbe until mid -July,
2013.
David Foster, representing the applicants, said the Board has been gracious in granting
extensions, and planning staff has been very helpful. Chair Garcia opened the floor for public
input. Tom Beach, County resident, Southeast Weld Fire Chief, said this is in the middle of his fire
district and requested as much information as possible, short of a date to start construction. He said
this is a lot of housing and its status has been uncertain for a long time. Commissioner Rademacher
said an update from the representative is more than appropriate. (Later he also mehtioned that a fire
station has been dedicated in this area.) Commissioner Kirkmeyer requested she be present at any
meeting; this is her district. Commissioner Conway said there has not been an update on the project in
approximately four years, and now that the project is moving forward a meeting needs to occur with
Fire Districts, School Districts, landowners, and local elected officials.
Danny Kipp, Mayor of Keenesburg, said the Town needs to be kept informed because water for
Pioneer goes through the Town of Keenesburg; they are moving forward with their Comprehensive
Plan, so an update on the project is important. Commissioner Kirkmeyer reiterated a'meeting needs to
occur and said there were a lot of promises made in 2008. She noted it would be appropriate to have
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this meeting in Keenesburg. _ In response to Commissioner Kirkmeyer, Mr. Foster briefly explained
some of the issues leading to the delays: market conditions, dramatic modifications to ownership,
conflict between principles and financing issues. He said the equity investment was restructured too
many times to count, but is now in place, and the ownership interests were divided - but are now
working together. He noted the applicants are not requesting additional time to submit, because
planning staff pressured the developer to submit the Mylar, the project is finally moving forward.
Mr. Foster promised to stay in contact with staff and take responsibility for the project moving forward.
Commissioner Kirkmeyer expressed her displeasure that the County has spent so much staff time on
this project and stated she will not support any more extensions. Commissioner Conway moved to
grant an extension until July 10, 2013, in order for staff to review the plats, and with the stipulation that
a community meeting take place sometime prior. The motion was seconded by Commissioner
Rademacher, and it carried unanimously. Commissioner Kirkmeyer restated she will support this to
allow staff appropriate time, but will not support any further extensions.
1) CONSIDER APPEAL CONCERNING DECISION OF THE DEPARTMENT OF PLANNING
SERVICES REQUIRING THE ASSESSMENT OF A ROAD IMPACT FEE, IN RELATION TO
BUILDING PERMIT NO. BCR12-01226 FOR CHANGE OF USE TO EXISTING WAREHOUSE
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FACILITY - M&M, INC. CIO LEE VAN ARSDALE: Tom Parko, Department of Planning Services,
reviewed his department's assessment of impact fees on this business, which went through the
entitlement process. M&M's appeal of their road impact fee was denied by Mr. .Parko, who then
assisted them with bringing an appeal before the Board. M&M specializes in assembling and
reassembling firearms, and the building previously served as a United States Postal Service facility.
The postal service was exempt from impact fees as a public entity, and a credit from what the postal
service would have paid was applied to M&M's assessment. In response to Chair Garcia, Mr. Barker
explained the scope of this appeal is to determine whether the category of use is correct.
Ron Smith said Weld County has been great to work with in terms of customer service. He said
since they started operation in February, 2013, M&M has made good on its commitment to source and
use Weld County businesses. Mr. Smith explained that the fees are meant to address impact due to
redevelopment and gave the Board four things to consider. First, he stated that the use is nearly
identical to the USPS's prior use, and the only difference is the type of institution, public versus private.
He noted that Mr. Parko did give a credit based on that consideration. Secondly, he stated the impact
is three times less, utilizing the exact same square footage, but the fee is based on square footage.
Third, he said that the new access points to the facility make the impact on County roads far less than
the Postal Service's prior impact. Lastly, he pointed out that M&M took a building that was off the tax
roll and created new income for the County. Mr. Smith mentioned the credit rebate refund for capital
investment and expressed appreciation for Mr. Parko's assistance. Mr. Barker said what was
presented in the appeal was more along the lines of an independent fee calculation study, and would
need to be stamped and signed by a professional engineer registered in the State of Colorado,
according to the Code. He stated that otherwise the information presented seems to be outside the
scope of the Board's consideration at this time. Mr. Parko said Public Works did review the information
presented by the applicant before making a decision on their appeal, and the option to do an
independent fee calculation study was provided. Janet Carter, Department of Public Works, said the
information provided is not ade uate for an independent fee calculation, but it is adequate enough to
address the change of use. ktA Chair Garcia outlined two options: the expense of a professional
engineer to resubmit the calculation or changing the category of use. Mr. Smith stated the
determination of use is correct, but he had to weigh the cost of getting a stamp versus coming to the
Board and asking for consideration based on common sense; perhaps the Board could re-examine
requirements for the presentation of this type of information in the future. Commissioner Kirkmeyer
stated the Board would consider whether the threshold for requiring certification should be lowered.
Commissioner Conway thanked Mr. Smith for raising these questions, despite not expecting a
successful outcome.
Commissioner Conway made a motion to dismiss the appeal. The motion was seconded by
Commissioner Rademacher, and it 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 29, 2013 2013-1304
Page 6 BC0016
There being no further business, this meeting was adjourned at 11:11 a.m.
Weld County Clerk to the Board
BY:
to the Board
JUN 12 2013
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY) LORADO
�eT .is
// 9-
liam"� . Garcia
WiI , Chair
C _
�oug(ao Radema
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
Minutes, May 29, 2013 2013-1304
Page 7 BC0016
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