HomeMy WebLinkAbout20132465.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 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, August 28, 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 - EXCUSED
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
ta MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 26, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
0. AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
PUBLIC INPUT: Doug Meyer, County resident, began to speak regarding the Application for a
Platte Valley Recreational District, which was brought before the Board on July 8, and referred to the
Planning Commission. Chair Garcia interrupted to explain this will be a quasi-judicial proceeding and
all parties should, therefore, be in attendance and have an opportunity to respond. Commissioner
Conway noted that written comments may be submitted prior to those hearings for review by the Board
and will become part of the record. Doug Meyer stated his desire to speak today, but said he would
accommodate the Board's request. Mr. Yatabe said he would talk with Mr. Meyer regarding the notice
received by residents of the area in question.
ta COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported that
Commissioner Garcia and he took a tour of Care Stream Health, one of the largest exporters in
Colorado; he said that facility provides 45% of the world market for medical imaging, and also does
extensive research and development. He noted that Commissioner Kirkmeyer is currently attending an
q/q
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elected officials meeting on a CDOT plan, and they also attended a community meeting last Thursday
and spoke against the plan, which could lead to managed (toll) lanes on 1-25. He encouraged the
public to attend the first County Road 49 Access meeting to learn more about this plan, and noted that
both public works staff and Commissioners will be in attendance to answer questions. Chair Garcia
commented on attending the Colorado Upstate meeting, where Mayor Norton made a passionate
speech about why toll roads on 1-25 are a good idea. He said the audit was presented and that
meeting at it looks good; this year is better than last. Commissioner Conway mentioned the dedication
of the New Fire House in Fort Lupton on Main Street, which was built with mill levy money from the oil
and gas industry.
NEW BUSINESS:
• 1) CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE
FOR SMOKEHOUSE ENTERPRISES, LLC, DBA OLE HICKORY SMOKEHOUSE AND TAVERN,
AND AUTHORIZE CHAIR TO SIGN: Brad Yatabe, Assistant County Attorney, introduced Kenneth
Carver and Susan Williams; they are a new owner/interest in this Longmont hotel and restaurant. Mr.
Yatabe explained the applicants are requesting a temporary permit until the State approves the current
liquor license transfer. Ms. Williams gave some detail about their business and their hopes to expand
and become a sports bar. Commissioner Rademacher moved to approve said temporary liquor license
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
• 2) CONSIDER DECLARING CERTAIN REAL ESTATE AS SURPLUS PROPERTY AND DIRECT
STAFF TO RESEARCH POTENTIAL OPTIONS FOR THE DISPOSITION THEREOF: Toby Taylor,
Director of Buildings and Grounds, explained this is in regard to two lots joined under one address,
3401 11th Avenue in Evans, and this property does not fit into the long-term capital plan. He confirmed
the building is located on both lots, and this is the first step in exploring options for a sale.
Commissioner Rademacher moved to approve said declaration and direction to staff. Seconded by
Commissioner Conway the motion carried unanimously.
(Clerk's note: This matter was revisited at 10:47 a.m.)
Bruce Barker, County Attorney, noted the Resolution was incorrectly stated, because instead of
directing staff to "solicit bids," it should state "directing staff to investigate the best methods by which to
sell the property." Commissioner Rademacher made a motion to rescind the previously approved
resolution. The motion was seconded by Commissioner Conway, and it carried unanimously.
Commissioner Rademacher made a motion to approve the amended resolution, per the comments of
the County Attorney. Seconded by Commissioner Conway, the motion carried unanimously.
• 3) CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2013: Barbara
Connolly, Controller, explained this is the annual distribution of PILT funds; the base amount identified
by the State, based on acreage, will be given to each of the school districts. Commissioner
Rademacher moved to approve said distribution of payment. The motion was seconded by
Commissioner Conway, and it carried unanimously.
• 4) CONSIDER AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS HOUSING
AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY, COLORADO,
PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT: Monica
Mika, Director of Finance and Administration, explained this will allocate to the City of Fort Collins
Housing Authority, Weld County's Private Activity Bond Allocation, to supporting the activities of small
subdivisions and housing projects in the region. Ms. Mika provided a project summary with specifics
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about the projects, which was entered into the record. a Julie Brewen, Executive Director of the Fort
Collins Housing Authority, Cathy Mathis, Vice -Chairperson of the Board, and Darcy McClure, Project
Manager, were present to describe their affordable housing projects and explain how this allocation will
help them achieve those goals. Chair Garcia noted that Weld County doesn't have any indebtedness,
so does not often utilize these private activity bonds, and, normally, the balance would go back to the
state. Ms. Mika stated this is a great opportunity to keep this money in the region. Commissioner
Conway concurred, stating this Board is always looking at ways to improve Northern Colorado, and
listed other recent regional projects. In response to Commissioner Conway, Ms. Brewen said they
would be happy to talk to the Larimer County Commissioners, and they also have a good relationship
with non -profits in the Weld County Community. Mr. Barker requested clarification regarding the
allocation year. Ms. Mika explained these bonds were allocated in 2012 and received in 2013, and
confirmed they must be allocated by September 15, 2013. Ms. Mika stated the resolution dates would
be amended accordingly. Commissioner Conway moved to amend the resolution, with the
aforementioned date change. Commissioner Rademacher seconded the motion and it carried
unanimously. Commissioner Rademacher moved to approve said assignment and authorize the Chair
to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
CR 5) CONSIDER REIMBURSEMENT AGREEMENT FOR LEGAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - SUSIE VELASQUEZ, WELD COUNTY PUBLIC TRUSTEE: Mr. Barker said this is a
one-year agreement for the purpose of providing the day-to-day legal services for the Public Trustee,
such as technical legal advice. He noted that legal services for office administration would be excluded.
Commissioner Conway said he is in support of the County stepping up, but noted that, under the
statute, these legal services are supposed to be provided by the District Attorney's office. He said this
will save taxpayer dollars and smooth the day-to-day workings of this office, and, hopefully, in the
future, we will have an independent Public Trustee's Office. Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. Commissioner Rademacher seconded the motion and
it carried unanimously. Chair Garcia noted this is a cost -recovery rate, Stephanie Arries, Assistant
County Attorney, is an expert on this subject, and money not expended rolls back into county funds.
He said, in addition, this will track the time allotted to these general services, and the Public Trustee is
required to report to the Board every year.
6) CONSIDER AMENDMENT TO WELD COUNTY EMERGENCY MEDICAL/TRAUMA
SERVICE COUNCIL BYLAWS AND AUTHORIZE CHAIR TO SIGN: Mr. Barker explained this
amendment is regarding the demographic of standing council seats. After extensive discussion with
Mr. Jiricek, the Board determined the bylaws were not yet finalized, and Commissioner Rademacher
moved to continue this matter to September 23, 2013, at 9:00a.m. The motion, which was seconded by
Commissioner Conway, carried unanimously.
(Clerk's Note: This matter was subsequently placed on the Agenda on September 11, 2013.)
0 7) CONSIDER AMENDMENT TO WELD COUNTY EXTENSION ADVISORY COUNCIL
BYLAWS: Keith Maxey, Director of Weld County Extension, explained the bylaws currently call for an
annual meeting in February and an annual public meeting in October, and the Advisory Council
recommended combining these into one February meeting. Mr. Barker confirmed this does not conflict
with the council's charter and Commissioner Rademacher moved to approve said amendment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried
unanimously.
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a 8) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ABELARDO AND NANCY VEGA: Bob
Choate, Assistant County Attorney, explained these daily penalties were originally certified by the
Board on May 1, 2013, and that daily penalty has since continued to accrue; this forced the Vegas to
take some action. Effective August 12, 2013, the Court suspended the penalties with a sufficient
amount of time to come into compliance. Mr. Choate reminded the Board that multiple buildings were
constructed without permits and over the property line of the neighbors, and, if they don't meet the
Judge's milestones, the daily penalty may start to accrue again. Ms. McCaslin cannot sell her property
with these encumbrances. Mr. Choate stated the certification amount is $10,300, and hopefully this will
be the last certification for this property. Chair Garcia asked if some of these legal issues would be
quasi-judicial before the Board. Mr. Choate said those would require a Court order; the legal case has
already been decided, so this is just a collection method, and he noted the Vegas were not in
attendance. Bethany Salzman, Zoning Compliance Officer, Department of Planning Services, was also
present to answer questions. Lorna McCaslin, surrounding property owner, said it is clear to her
that the Board cannot decide property lines. She said according to her surveyor the Vegas are 8.5 feet
onto her land. Chair Garcia explained that this hearing is only in regard to certification. She said that
she is opposed to stopping the daily assessment and is concerned the Commissioners have not
addressed the 100 -foot workshop and that this has taken one year and if nothing is done, it will take
another year to be able to sell her property. Ms. McCaslin explained why this is an extreme hardship
for her family. Chair Garcia confirmed that staff would convene to discuss the building built over her
property line. He said her argument regarding the daily penalties is persuasive; however, the
stipulation is not something the Board can decide, if they are not in compliance at that time the daily
penalty will resume. He noted the stipulation does refer to the setback and requires the Vegas to
comply, and it will take some time to resolve that boundary line dispute. Commissioner Rademacher
stated that Weld County's counsel has done due diligence and it is unfortunate, but the Board cannot
address the property line issue. Chair Garcia and Commissioner Conway concurred, and expressed
sympathy for Ms. Moccasin's difficult situation. Commissioner Rademacher moved to approve said
certification. The motion was seconded by Commissioner Conway, and it carried unanimously.
9) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA PEREA:
Mr. Choate stated the violation on this property continues, accruing a $10.00 daily penalty, previously
certified on May 9, 2013, the new amount is $910. In response to Commissioner Conway, Mr. Choate
said they are contacted periodically, but it is up to the property owner to take some action.
Commissioner Conway moved to approve said certification. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
10) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ADOLFO AND BEATRICE SIMENTAL:
Mr. Choate noted the Simentals were in attendance. He reminded the Board this is a companion case
in regard to the second property's violation, and the repeat violation was an additional $500.00. He
said that both properties are now in compliance and both cases are now closed, so no further penalties
are anticipated. Commissioner Conway noted that in this case the penalty worked and asked for a staff
recommendation. Mr. Choate said it depends upon the purpose of the process, and noted this case
has been going on for five or six years, and he leaves it to the Board's discretion. He stated that overall
this process if effective and fair, and this is a judicially imposed fine. Chair Garcia concurred, saying
the question before the Board is whether to make a special assessment onto the tax rolls. Mr. Choate
explained there are other ways to collect the fine, the obligation would still exist, but it would most likely
not be collected. Commissioner Conway suggested continuing the matter, in order to put pressure on
the Simentals to remain in compliance. Mr. Barker affirmed that becomes cumbersome, and the
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impetus to keep people in compliance is that we made the process a simple one to get it through the
Courts quickly. He suggested the matter be either approved or denied. Beatrice (Amaya)
Simental asked about methods of payment. Chair Garcia explained that penalties are assessed on
next year's tax bill, so that would leave almost a year to pay, but they can be paid sooner.
EA Commissioner Rademacher moved to approve said certification. The motion was seconded by
Chair Garcia, and it carried unanimously. Commissioner Conway said he would like to find a way to
reward the applicant for coming into compliance, but does not see a way that is not overly cumbersome
and costly to the taxpayers. The Board thanked Mr. Choate and Ms. Salzman, and all staff that works
on these cases for their compassionate handling of these difficult cases.
PLANNING:
1) CONSIDER IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0001 - JOHN MOSER:
Rich Hastings, Department of Public Works, explained this item is for a previously approved water
supply facility and a liquefied natural gas facility for John Moser/Morwai Dairy. Commissioner
Rademacher moved to approve said agreement, accept collateral, and authorize the Chair to sign.
Seconded by Commissioner Conway, 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.
There being no further business, this meeting was adjourned at 10:38 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD OLORADO
ATTES
Weld County Clerk to the Board
Barbara Kirkmeyer
William
Douglas'RademacI er, Pro-Tem
an P. Conway
XCUSED
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