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Home My WebLink About20120375.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 6, 2012 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, February 6, 2012, 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 Sean P. Conway, Chair Commissioner William F. Garcia, Pro-Tem — EXCUSED Commissioner Barbara Kirkmeyer Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick (Ms. Gesick attended the meeting; however, Elizabeth Strong, Deputy Clerk to the Board, typed the minutes from the digital recording and Ms. Gesick's notes.) Director of Finance and Administration, Monica Mika MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of February 1, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on February 1, 2012, as follows: 1) COZ11-0002 — Capital West National Bank; and 2) COZ11-0001 — Big Thompson Investment Holdings, LLC. Commissioner Kirkmeyer seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Jeff Hare, Weld County resident, thanked the Board for its Statement of Opposition to the National Defense Authorization Act, which is New Item of Business #11, and he expressed his appreciation to the County Attorney for researching the matter. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. BIDS: PRESENT BID #61200039, ASPHALT PICKUP MACHINE - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, stated said bid will be presented for approval on February 22, 2012, and just one (1) vendor submitted a bid proposal. \)3,\a Minutes, February 6, 2012 2012-0375 Page 1 BC0016 PRESENT BID #B1200033, CAR WASHES - DEPARTMENT OF FINANCE AND ADMINISTRATION: Ms. Mika recommended the Board conduct a work session prior to it being presented for approval on February 22, 2012. OLD BUSINESS: CONSIDER FOUR PETITIONS FOR ABATEMENT OR REFUND OF TAXES - FOX RUN BUSINESS PARK / 2059 DEVELOPMENT, LLC: Christopher Woodruff, Assessor, stated these petitions are for commercial lots in the Fox Run Development. He stated he is addressing the petitions for Tax Year 2010; however, the Tax Year 2011 petitions will need to be addressed under a separate petition at a later time, since those values can only be reviewed once the taxes are levied. He reviewed the parcel data and values, and he stated no additional data has been submitted by the petitioner to support adjustments; therefore, staff recommends denial of the four (4) petitions. Chair Conway confirmed neither the petitioner, nor a representative, were present to address this matter. Commissioner Kirkmeyer moved to support the Assessor's recommendation of denial for Schedule #R4249606. Commissioner Long seconded the motion, which carried unanimously. Commissioner Rademacher moved to deny the petition for Schedule #R4957808, based on staff's recommendation. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Commissioner Long moved to deny the petition for Schedule #R4197206, based on staff's recommendation. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Commissioner Kirkmeyer moved to deny the petition for Schedule #R3368405. Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Woodruff thanked the Board for extending for one week at the petitioners request. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ALIESA GLASCO, DBA WINDSOR GYMNASTICS ACADEMY, INC.: Mr. Woodruff stated this petition is for Tax Years 2009 and 2010. He reviewed the values and recommended approval, in part, as reflected in the Resolution. Neither the petitioner, nor a representative, was present. Commissioner Kirkmeyer moved to approve said tax abatements, in part, as indicated in the proposed Resolution. Commissioner Long seconded the motion, which carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HERBERT AND MELBA IKENOUYE: Mr. Woodruff stated this petition is for Tax Years 2009 and 2010. He reviewed comparable property sales, which support the assigned value; therefore, he recommended denial of the petition. Neither the petitioner, nor a representative, was present. Commissioner Rademacher moved to deny said petition, based on staff's recommendation. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CONDUCTING MAIL BALLOT ELECTION FOR WELD COUNTY TO BE HELD AS PART OF THE PRIMARY ELECTION ON JUNE 26, 2012: Steve Moreno, Clerk and Recorder, stated he is requesting to conduct a Mail Ballot Election as part of the Primary Election for the first time in Weld County's history, which will result in a significant cost savings for the taxpayers. In response to Chair Conway, Mr. Moreno stated 47 out of 64 counties participated in mail-in ballot elections in the year 2010, and there were no problems reported. Commissioner Rademacher moved to approve conducting a Mail Ballot Election for Weld County to be held as part of the Primary Election of June 26, 2012. Commissioner Kirkmeyer seconded the motion. Commissioner Conway commended the Clerk and Recorder's Office for remaining on the cutting edge of being the first to conduct a mail-in ballot election. Commissioner Kirkmeyer also confirmed the public can still cast their votes at the vote centers and she is willing to assist Mr. Moreno with the public education aspect about the mail ballots. There being no further discussion, the motion carried unanimously. Minutes, February 6, 2012 2012-0375 Page 2 BC0016 CONSIDER APPLICATION TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR TO SIGN - LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB: Brad Yatabe, Assistant County Attorney, stated on January 9, 2012, the Board approved the relocation of a bar on the premises and the liquor license renewal application was also approved at that time. There was only one call for service at the facility since the year 2010. Commissioner Rademacher moved to approve said application. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 60 BETWEEN CRS 53 AND 55.5: Janet Carter, Department of Public Works, stated said closure will commence February 13, 2012, through March 16, 2012, to replace a bridge and a culvert. She stated water will be used for dust control on the gravel portions of the detour route if it is necessary, and the average daily traffic count for County Road 60 is 31 vehicles, according to a traffic count taken in the year 2008. She stated standard signs and barricades will be utilized throughout the closure. In response to Commissioner Kirkmeyer, Ms. Carter stated typically staff overestimates the length of the closure. Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 84 AND AUTHORIZE CHAIR TO SIGN - CONTINENTAL RESOURCES, INC.: Don Carroll, Department of Public Works, stated this site is located between the Towns of Briggsdale and Buckingham, and approximately three (3) miles south of State Highway 14. He stated the drill site will be accessed from the County's 60 feet of right-of-way between Sections 5 and 8. He stated the adjacent property owners have been contacted and staff has not received any input. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously. CONSIDER CLINICAL AFFILIATION AGREEMENT FOR PREHOSPITAL SERVICES/RIDE-ALONG AND AUTHORIZE CHAIR TO SIGN - CENTURA HEALTH - ST. ANTHONY HOSPITAL: Dave Bressler, Director, Paramedic Service, stated St. Anthony Hospital sends paramedic students on ride-alongs to obtain clinical experience. He stated the agreement has been reviewed by Brad Yatabe, Assistant County Attorney. In response to Chair Conway, Mr. Yatabe stated the agreement is consistent with other agreements the County has had for ride-alongs, and he slightly negotiated some of the terms. In response to Commissioner Rademacher, Mr. Yatabe stated the riders are covered by St. Anthony Hospital's insurance for liability. Commissioner Rademacher moved to approve said agreement. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER GRANT APPLICATION FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Kirsta Britton, District Attorney's Office, stated this application is for the continuation of the Juvenile Diversion Program for the second year out of a three-year planning cycle, which was approved by the Board last year. Commissioner Long moved to approve said application and authorize the Chair to sign. Commissioner Rademacher seconded the motion. In response to Commissioner Kirkmeyer, Ms. Britton indicated she does not believe the Program is at risk for decreased State funding for the upcoming year. There being no further discussion, the motion carried unanimously. CHANGE ORDER #4 TO AGREEMENT FOR REMODELING OF WELD COUNTY ADMINISTRATION BUILDING (BID #61000117) - GROWLING BEAR COMPANY, INC.: Toby Taylor, Department of Buildings and Grounds, stated this change order is for $58,091.00, for the electrical and water changes necessary to support the creation of a multi-use room in the back of the Administrative Services Building, Commissioner Kirkmeyer moved to approve said change order. Seconded by Commissioner Rademacher, the motion carried unanimously. Minutes, February 6, 2012 2012-0375 Page 3 BC0016 CONSIDER AGREEMENT FOR SAMPLING AND ANALYSIS OF DRINKING WATER AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY: Mr. Yatabe stated normally the Director of the Department of Public Health and Environment is delegated the power to assign these agreements; however, this is being considered by the Board today for two (2) reasons. He stated one reason is the agreement consolidates three (3) agreements into one, and the other reason is that the City of Greeley changed Paragraph #5 to state "to the extent authorized by law"; therefore, it no longer matches the approved form and it must be reviewed by the Board as an item of business with a Resolution. Responding to Commissioner Kirkmeyer, Mr. Yatabe stated the City feels the language is necessary to provide clarification to the agreement. In response to Commissioner Kirkmeyer, Mr. Barker stated the language is related to TABOR, and the County determined the language, "to the extent authorized by law," appropriately addresses multiple-year indemnification contracts, along with the Attorney General's Office in the 1990s and now the language is being used by most municipalities. In response to Chair Conway, Mr. Barker confirmed the County originated the language which is now being utilized by other municipalities. In response to Commissioner Kirkmeyer, Mr. Yatabe confirmed the fees may be increased by the County in subsequent years if it is determined it costs more to provide the services, in order for the County to be fully reimbursed. Commissioner Kirkmeyer moved to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER STATEMENT OF OPPOSITION TO AUTHORITY AFFIRMED IN SECTION 1021 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012: Mr. Barker stated this Resolution was reviewed in a work session and it is in response to legislation which was signed into law on December 31, 2011, where certain terms were not defined and left to the interpretation of the individuals in the armed forces which will be carrying out measures. Commissioners Rademacher and Kirkmeyer thanked Mr. Barker for reviewing the matter and drafting the Resolution. Doug Meyer, Weld County resident, expressed his opposition to the National Defense Authorization Act and his support for the Board's Resolution, and he thanked all involved for addressing this matter. Timothy Shiely, aka Scooter McGee, talk show personality on KFKA, thanked the Board for placing this issue on the agenda. He stated since the work session there have been questions as to his and the Board's intent. He indicated he did not address this issue for publicity; he addressed the issue because it violates the United States and Colorado Constitutions. Mr. Shiely indicated he hopes the Board will pass the proposed Resolution unanimously to send a resounding message to the Federal government that the people will not stand for the National Defense Authorization Act. Commissioner Kirkmeyer moved to approve the Resolution. Commissioner Long seconded the motion, which carried unanimously. (Clerk's Note: See public input for testimony from Jeff Hare regarding this item of business.) CONSIDER APPOINTMENTS TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner Rademacher moved to appoint Landon Cogburn and Christine McDermott to the Building Trades Advisory Committee. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Kirkmeyer moved to appoint Rebecca Wyperd to the Juvenile Community Review Board. Commissioner Rademacher seconded the motion, which carried unanimously. FINAL READING OF CODE ORDINANCE #2012-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read the Ordinance by title only. Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Barker read Ordinance#2012-1 into the record by title. Minutes, February 6, 2012 2012-0375 Page 4 BC0016 Tom Parko, Department of Planning Services, stated there was a work session conducted in between the first and second readings, and staff has not received any correspondence either in support of, or in opposition to, the proposed Ordinance. No public testimony was offered concerning this matter. Commissioner Kirkmeyer thanked staff for addressing the Board's comments throughout this process, and she moved to approve Ordinance #2012-1 on final reading. Commissioner Rademacher seconded the motion, which carried unanimously. (Clerk's Note: The representative for Fox Run Business Park/2059 Development, LLC, arrived late and the Board agreed to call up the matter for reconsideration.) OLD BUSINESS: CONSIDER FOUR PETITIONS FOR ABATEMENT OR REFUND OF TAXES - FOX RUN BUSINESS PARK / 2059 DEVELOPMENT, LLC: Mr. Woodruff clarified the petitions the Board addressed today were for Tax Year 2010, and the Tax Year 2011 petitions were not acted upon, since those petitions were not able to be accepted when they were submitted to the Assessor's Office; however, those petitions can now be resubmitted. He stated he has no amendments to his earlier presentation regarding these petitions. Mike Donaldson, representative for the petitioner, stated two (2) of the lots are empty lots located north of the library, one is a vacant multi-family lot, and one is an empty lot on the north side of the Business Park. He explained the lots are not selling even though the prices have been reduced. Mr. Woodruff stated Mr. Donaldson's comments are relevant to the 2013 reappraisal; unfortunately, he cannot consider the current market for the Tax Year 2010 petitions, and he recommended the petitioner submit petitions for Tax Year 2011 this year. Commissioner Kirkmeyer concurred with Mr. Woodruff, and she stated the Board is bound by State law and the Constitution when considering the Tax Year 2010 values, and it cannot change the 2010 values without valid comparables from the years 2007 and 2008. She stated the Assessor determined the 2010 values fairly, considering the information he had available. Chair Conway concurred with Commissioner Kirkmeyer's comments, and encouraged Mr. Donaldson to work with Mr. Woodruff regarding the 2011 determinations. OLD PLANNING BUSINESS: CONSIDER RECORDED EXEMPTION #4972 - BRAD AND ROBIN GUTKNECHT (CON'T FROM 7/18/11): Kim Ogle, Department of Planning Services, stated a pre-application review has been requested by Brad Gutknecht, applicant, for an ongoing business on the property, and he is trying to reach compliance with the Recorded Exemption. He stated staff reviewed a draft plat submitted in January, 2012, which it deemed acceptable, and the applicant is presently in the office of Flatirons Surveying, trying to obtain the final plat, which was supposed to be completed on Friday. He stated that in addition to recording the plat, the applicant needs to re-permit the Accessory to Farm mobile homes on the property, and the application was submitted on February 2, 2012, and is currently being processed. He recommended continuing the matter 30 days. Commissioner Kirkmeyer moved to continue the matter to March 12, 2012, at 9:00 a.m. Commissioner Rademacher seconded the motion, which 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, February 6, 2012 2012-0375 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:07 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,0 1 Sean P. Conway, Chair Weld County Clerk to the Board EXCUSED / - ,'\� EL"% William F. Garcia, PrTem BY: J1 Deputy Clerk to the Bo-( 0-{ �, iiLkCa-/.z-., Vi,_ ,- bara KitI r�meyer. N �1 ' rCZ? , David Long itcd vvG Ai-- Dougla3 Rademaier Minutes, February 6, 2012 2012-0375 Page 6 BC0016 Hello