HomeMy WebLinkAbout20112567.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 28, 2011
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, September 28, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick (Minutes were subsequently written by Elizabeth Strong,
Deputy Clerk to the Board, utilizing Ms. Gesick's notes and the digital recording of the meeting;
however, she was not present at said meeting.)
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of September 26, 2011, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
SAM BROWNLEE MEDAL OF VALOR - JERRY AGUIRRE, JR.: Sheriff John Cooke invited Jerry
Aguirre, his mother, Kathy Aguirre, and his father, Jerry Aguirre, Sr., to the front. He stated many
awards at the Sheriff's Office are similar to those awarded by the military, and the Medal of Honor is the
highest award the Sheriff's Office has and it is awarded to those who go above the call of duty and put
themselves in extreme danger. He stated approximately six (6) to seven (7) years ago, the Sheriff's
Office changed the name of the Medal of Honor to the Earl Butcher Medal of Honor, in order to honor
Earl Butcher, who was the first Weld County Sheriff's Deputy killed in the line of duty, in the year 1940.
He stated the second highest award is the Medal of Valor, and the Sheriff's Office changed the name of
the award this year to be the Sam Brownlee Medal of Valor, in order to honor Sam Brownlee, who was
the second Weld County Sheriff's Deputy killed in the line of duty. Sheriff Cooke stated the Medal of
Valor may be awarded to a deputy or officer who distinguishes themselves by exceptional bravery and
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courage at eminent risk of serious bodily injury, above and beyond the call of duty, and/or while
performing a voluntary course of action in an extremely dangerous situation, which applies to
Jerry Aguirre, Jr.
Steve Reams, Bureau Chief of Correctional Operations at the Weld County Jail, stated Mr. Aguirre was
driving home from work and he recognized a house was on fire at the intersection of 11th Avenue and
5th Street in north Greeley. He stated several citizens were standing around the house; however,
nobody had taken action to ensure the people in the house were safe; therefore, Mr. Aguirre swung into
action. He stated when Mr. Aguirre approached the house, he realized it consisted of several
subdivided apartments; therefore, he went to each apartment, to ensure everyone was out of the
structure. Chief Reams stated Mr. Aguirre found two (2) individuals in an entry way, who were unaware
the house was on fire, and he evacuated them from the structure. He stated Mr. Aguirre proceeded to
the basement and he discovered another individual in a bathroom, who was also unaware the house
was on fire, and he evacuated him from the structure. He stated without Mr. Aguirre's actions, it is
likely those three (3) individuals would have been seriously injured or killed in the fire. Chief Reams
thanked Mr. Aguirre for his actions, and he stated Mr. Aguirre is deserving of this award. Sheriff Cooke
stated not only did Mr. Aguirre evacuate the people from the house, he also worked with the Fire and
Police Departments to help identify possible suspects in the arson case, and he is very worthy of this
medal. He presented the Sam Brownlee Medal of Valor to Mr. Aguirre and congratulated him. Chief
Reams also presented Mr. Aguirre with a pin for his uniform. Mr. Aguirre thanked his parents for
attending today and for providing a strong upbringing, and he thanked everyone he works with, who he
believes would have all acted just as he did if they were in the same situation.
Chair Kirkmeyer thanked the Sheriff's Office for using the Board meeting as the venue to present this
medal, and she stated it is nice be able to participate in the presentation and to be made aware of
Mr. Aguirre's actions. Commissioner Garcia stated the Board is proud of Mr. Aguirre and he thanked
him. Commissioner Rademacher concurred with Chair Kirkmeyer and Commissioner Garcia's
comments, and he stated the deputies place their lives on the line every day for the community and he
is sure Mr. Aguirre's parents are proud of him. He congratulated Mr. Aguirre. Commissioner Long
stated he appreciates the fact that others would likely act in the same way as Mr. Aguirre in the same
situation; however, he commended Mr. Aguirre for his action. Commissioner Conway thanked
Mr. Aguirre for demonstrating the "Weld County Way" that day, and he stated he is proud of him and
pleased to have people like Mr. Aguirre protecting and serving Weld County's citizens.
COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher stated he attended the
Big 10 Budget Conference, and he recognized staff for its participation in the conference, including
Monica Mika, Director of Finance and Administration, Barb Connolly, Controller, Glen Czaplewski, Weld
County Intern, and Patti Russell, Director of Human Resources. He stated they did an outstanding job,
and Weld County really shone at the conference. Chair Kirkmeyer concurred with Commissioner
Rademacher's comments. Commissioner Garcia stated the Big 10 Budget Conference was great and
Weld County was shown in its best light.
Commissioner Garcia stated yesterday he went to the Northern Colorado Real Estate Conference in
the City of Fort Collins, and the metrics and demographics indicate Weld County has great
opportunities for development and it is great for that to be recognized by the real estate community. He
stated it was noted at the conference that Weld County has a more friendly regulatory business
structure and more room to grow. He stated it was good to have others recognize the hard work that is
being completed in this community.
Commissioner Long stated last Friday he went on an Agriculture Tour which was sponsored by the
Greeley Tribune, in part, and it was initially created by the Greeley Tribune approximately ten (10)
years ago. He stated the Agriculture Tour was well-attended and it highlighted many different
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agricultural uses, primarily livestock facilities. He stated the participants wanted to become aware of
the different industries and businesses in Weld County, and people asked a lot of good questions and
left with a broader understanding of the uses and impacts of agriculture, as well as the suppliers
located in Weld County.
OLD BUSINESS:
CONSIDER AMENDMENT TO LEASE AGREEMENT FOR THE GREELEY BUILDING AND
AUTHORIZE CHAIR TO SIGN - COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP
(CONT FROM 9/21/11): Judy Griego, Director of the Department of Human Services, stated this is the
replacement version of the lease agreement considered by the Board on September 21, 2011, and this
version is for a decreased amount. She stated this building is located at 710 11th Avenue in the City of
Greeley, and it used as the Parent Education Center. She stated this lease agreement will extend the
current lease agreement from October 1, 2011, to September 30, 2014, for a total amount of
$131,436.00. She stated the current lease amount of $3,651.00 per month will remain the same
throughout the term of the lease agreement, and the amount includes utilities and maintenance.
Ms. Griego stated she has discussed the lease agreement with the County Attorney, Bruce Barker.
Commissioner Rademacher thanked Ms. Griego for further negotiating this matter and securing the
lower cost, and he moved to approve the renegotiated agreement and authorize the Chair to sign.
Commissioner Long seconded the motion. In response to Commissioner Conway, Ms. Griego
confirmed the escalation clause has been removed. He expressed his appreciation to Ms. Griego for
renegotiating the lease with the landlord, which will result in a cost savings for the taxpayers.
Ms. Griego stated the Board's continuance of the matter was very helpful in the renegotiation. In
response to Chair Kirkmeyer, Mr. Barker confirmed he has reviewed the agreement, and the Resolution
drafted by the Clerk to the Board's Office provides a good description of what happened at the last
meeting. There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER GRANT AWARD FOR 2011 COVERDELL FORENSIC SCIENCE IMPROVEMENT
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ron Arndt, Regional Forensic Crime Laboratory
Director, Sheriff's Office, stated this grant funding will be used to provide training and equipment in the
amount of$130,900.00, as discussed in a recent work session. In response to Commissioner Conway,
Mr. Arndt stated this grant funding will be used to purchase computer equipment and software to be
able to create a Laboratory Information Management (LIM) system at the Crime Laboratory, to share
information from the laboratory among all the analysts, as part of the accreditation process. He stated
the grant funding will also be used to purchase a Forensic Recovery of Evidence Data Center (FREDC)
for the Regional Forensic Crime Laboratory. Responding further to Commissioner Conway, Mr. Arndt
clarified the Regional Forensic Crime Laboratory has an older version of a FREDC, and when he wrote
the grant application, it was his intent to replace it; however, the Colorado Bureau of Investigation (CBI)
has subsequently provided the Laboratory with a FREDC. He stated he contacted the Program
Director, Alan Stanbarger, and he indicated a grant amendment can be submitted to purchase other
equipment which will create a more efficient laboratory. He stated he will determine the needs of the
Regional Forensic Crime Laboratory and present the proposal to the Board of County Commissioners
before submitting it to the U.S. Department of Justice. In response to Chair Kirkmeyer, Mr. Arndt
indicated there was a work session conducted about this grant application in April, 2011. In response
to Commissioner Rademacher, Mr. Arndt reiterated he did not know CBI was going to provide a
FREDC at the time he submitted the grant application, and he stated the Regional Forensic Crime
Laboratory does not require another FREDC. Further responding to Commissioner Rademacher,
Mr. Arndt reiterated he wants to evaluate other needs which meet the scope of the grant, present his
proposal for a grant amendment to the Board, and then submit a grant amendment to the Program
Administrator. Commissioner Rademacher indicated he is concerned about accepting the grant award
when the Board is unsure as to what equipment will be purchased with the funding. Responding to
Chair Kirkmeyer, Mr. Arndt stated there is only a verbal agreement regarding the FREDC which was
Minutes, September 28, 2011 2011-2567
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provided by CBI and they can remove it if they choose; however, he does not believe they will remove
it. Commissioner Rademacher inquired as to whether this matter is time sensitive, since he would
prefer to conduct another work session before making a determination on the acceptance of this grant
award. Mr. Arndt stated he is not certain of the deadline for acceptance; however, the money will
become available October 1, 2011.
Randy Winsett, Sheriff's Office, stated the Board needs to accept the grant award first, before it can
request changes, and if the Board does not accept the grant award before the deadline, it will be
allocated to another applicant. Commissioner Rademacher stated he does not want to accept the grant
award at this point; however, he is willing to continue the matter until a plan can be established at a
work session as to specifically what equipment the entities will be providing for the Regional Forensic
Crime Laboratory. Commissioner Conway stated there are meritorious components of the grant, such
as the training, and the portion of the grant the Board is concerned about is the FREDCs; however, it
appears the grant acceptance is for all or nothing. He stated the Board wants to know how many
FREDCs the County has, how many are being utilized, and who is responsible for the FREDCs. He
stated he previously believed this FREDC was supposed to be for Larimer County, based on the work
session, and there was a change in the number of FREDCs being requested. In response to
Commissioner Garcia, Mr. Arndt stated, there are several other items of equipment specified in the
grant application, in addition to the FREDC, such as hardware and software to allow the agencies to
store and communicate shared documents with one another, for example, for the technical and
administrative review of reports. He stated CBI has made a monetary commitment to help with the LIM
system, including providing software and licensing, and an intergovernmental agreement is being
developed. He stated he is trying to enhance the Regional Forensic Crime Laboratory with digital
media and increased storage, in order to better serve the people within Weld County. In response to
Commissioner Garcia, Mr. Arndt stated if approved, the changes will remain within the scope of the
Federal grant program and the current project. Chair Kirkmeyer stated although Mr. Arndt's plan has to
remain within the scope of the Federal program; he can change the project, with approval. She stated
the Board has been requesting a Memorandum of Understanding (MOU) with CBI for almost a year,
and now equipment has been accepted without written agreements being in place to ensure the assets
will remain at the facility and that the County will not be required to replace it. She stated the Board
also recently requested that a five-year work plan be developed for the Regional Forensic Crime
Laboratory, since there is nothing in place to ensure the appropriate and adequate division of assets,
responsibilities, and liabilities, and she will not support any grant requests for the Regional Forensic
Crime Laboratory until such a plan is in place. Chair Kirkmeyer stated Weld County has taken on a lot
of responsibility, without the other four (4) entities fairly contributing. Commissioner Garcia stated CBI
issued a letter indicating it does not assume responsibility for the maintenance of the hardware and
software beyond purchasing and installing the LIM system. Commissioner Long moved to approve and
accept said grant award, with the condition that the Board must review and approve the proposed
alternate equipment prior to the grant amendment being submitted to the U.S. Department of Justice,
and authorize the Chair to sign. He indicated he appreciates Chair Kirkmeyer's position; however, he
does not want to be without this equipment which will be used for the protection of the constituents.
The motion was seconded by Commissioner Garcia. Commissioner Conway stated he will vote in favor
of the motion, since he does not want to risk losing the equipment; however, his patience is waning,
and confusion remains about what equipment is being acquired, the mission of the Regional Forensic
Crime Laboratory, and the roles and responsibilities of Weld County and the other involved entities. He
stated he hopes better communication occurs in the future. Chair Kirkmeyer stated forensic science is
not a statutory requirement of the county or municipal governments; however, she does want to protect
the citizens. She reiterated she is not comfortable accepting a grant award knowing it will be amended,
and without a MOU with CBI and a business plan being in place; therefore, she is opposed to accepting
the grant award and collecting the equipment without a clear vision for the five (5) involved entities.
Upon request for a roll call vote, the motion carried three (3) to two (2), with Chair Kirkmeyer and
Commissioner Rademacher being opposed.
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CONSIDER STATEMENT OF GRANT AWARD FOR 2011-2012 INTERNET CRIMES AGAINST
CHILDREN (ICAC) TASK FORCE GRANT AND AUTHORIZE CHAIR TO SIGN - CITY OF
COLORADO SPRINGS POLICE DEPARTMENT: Mr. Arndt stated this grant award allows all three (3)
of the Forensic Examiners to attend training sponsored by the Internet Crimes Against Children (ICAC)
Task Force, and it will provide for a FRED computer and the associated software, to be used by Darren
Ford, Sheriff's Office. He stated Mr. Ford has three (3) FRED devices in his office from the years 2005,
2008, and 2010. He stated the 2008 device was a replacement for the 2005 device, and the 2010
device was a replacement for the 2008 device; however, all the devices have been retained for better
efficiency. Mr. Arndt stated if Mr. Ford worked with only one FRED, he could produce three (3) to
four (4) computer cases per month, and with three (3) FRED devices, he can produce up to
12 computer cases. He stated the goal is to bring in an additional FRED computer to take the place of
an older FRED, which will, in turn, be provided to the Larimer County Laboratory Analyst, who is
working in the Regional Forensic Crime Laboratory, as a second device, in order to improve his
efficiency. He stated Larimer County is considering purchasing another FRED device, and if another
FRED is purchased, another purpose will be identified for it, to allow continued work on other cases.
Mr. Arndt stated the intention of the Regional Forensic Crime Laboratory is to continue to utilize the old
equipment and to not dispose of any equipment which can still be utilized to improve efficiency. He
stated the portable unit being requested will allow investigators to capture information on-scene, store
the information, and utilize the stored information in their investigation. In response to Commissioner
Rademacher, Mr. Arndt indicated there is no written agreement regarding the shared equipment. He
stated the old equipment is not worth a lot; a 2002 FRED is only worth approximately $50.00.
Responding to Chair Kirkmeyer, Mr. Arndt stated he was told the value of a 2002 FRED in a
conversation with a colleague; however, the depreciated value has not been officially determined.
Responding to Commissioner Conway, Mr. Arndt confirmed some of the older FRED devices are used
to provide defense attorneys access to certain materials when a court order is issued. Responding to
Chair Garcia, Mr. Arndt stated approximately 80 to 85 percent of the cases the FRED devices are
utilized for are child pornography cases, and there is a backlog of approximately 70 cases.
Commissioner Garcia moved to approve and accept said grant award and authorize the Chair to sign.
Commissioner Long seconded the motion. Upon request for a roll call vote, the motion carried three (3)
to two (2), with Chair Kirkmeyer and Commissioner Rademacher being opposed.
CONSIDER STATEMENT OF GRANT AWARD FOR JUSTICE ASSISTANCE GRANT FOR
NORTHERN COLORADO REGIONAL FORENSIC LABORATORY CAPACITY ENHANCEMENT AND
AUTHORIZE CHAIR TO SIGN: Chair Kirkmeyer stated the Board had a work session regarding this
item of business Monday, and she inquired as to whether any of the Commissioners require further
information about it. In response to Commissioner Conway, Mr. Arndt confirmed this is a continuing
grant. Commissioner Conway moved to approve and accept said grant award. Commissioner Long
seconded the motion. In response to Commissioner Rademacher, Mr. Arndt stated this is a new server
to upgrade and improve the latent fingerprints system. There being no further discussion, the motion
carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR 2011 COVERDELL GRANT FOR NORTHERN
COLORADO REGIONAL FORENSIC LABORATORY TRAINING AND AUTHORIZE CHAIR TO SIGN:
Chair Kirkmeyer stated this item was also discussed at the work session on Monday, and she inquired
as to whether any of the Commissioners would like additional information about it. Commissioner
Rademacher moved to approve and accept said grant award. The motion, which was seconded by
Commissioner Long, carried unanimously.
Minutes, September 28, 2011 2011-2567
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CONSIDER SUPPORT FOR A WELD COUNTY TIGER III GRANT PRE-APPLICATION IN
PARTNERSHIP WITH THE CITY OF GREELEY AND TOWN OF WINDSOR: Elizabeth Relford,
Department of Public Works, stated the City of Greeley has adopted a Resolution of support for this
pre-application, and Weld County will be the lead agency on this grant request, in partnership with the
City of Greeley, the Town of Windsor, and Great Western Railroad Company. In response to
Commissioner Rademacher, Ms. Relford stated as staff has been investigating the environmental
aspects associated with Federal grant funding, it has discovered there are different issues and
requirements for roads versus railways. She stated it seems a categorical exclusion will be provided for
the railway portion of the project; however, it does not seem the categorical exclusion will be provided
for the roads; therefore, removing the road portion of the project from the application was discussed, in
order to be more competitive. In response to Chair Kirkmeyer, Ms. Relford confirmed the project
discussed at the work session remains what is being applied for, and it can be changed if the County
learns it can move on from a pre-application to a full application. She stated if Weld County submits the
pre-application, it must also remain the lead applicant when the full application is submitted; therefore, if
the road portion of the project is removed from the application, and it turns out, for example, the project
is primarily within the Town of Windsor, Weld County must remain the lead applicant. Commissioner
Conway thanked Ms. Relford and Janet Carter, Department of Public Works, for their quick turn-around
on this exciting project, which will resolve longstanding issues with the transfer station near Windsor, at
the intersection of State Highways 257 and 392, where 20 to 30 delays occur for motorists when there
is a train on the track. He stated upgrading the railway between the Town of Windsor and the City of
Greeley will allow the weight of the train cars to be increased up to 268,000 pounds per car, which will
resolve the bottleneck issue on U.S Highway 85. He stated he realizes the challenges of O Street;
however, this is an opportunity to meet some of the long term transportation needs identified in the
Transportation Plan, particularly extending O Street from State Highway 257 to County Road 23.
Commissioner Conway stated he is very excited about the application, and he feels the multi-modal
aspect of the application will make it very competitive. Commissioner Rademacher stated if the Weld
County road portion is removed from the application, he will not support it. Responding to Chair Garcia,
Ms. Relford stated the Department of Transportation has identified economically distressed areas
based on certain criteria. Chair Kirkmeyer stated the criteria are income and poverty levels in relation
to population size, and the Department of Housing and Urban Development (HUD) makes the
determinations of economically distressed areas. In response to Chair Kirkmeyer, Ms. Relford
confirmed Adams County was also determined to be economically distressed. Chair Kirkmeyer stated
being determined an economically distressed area will be an advantage to Weld County in applying for
this grant, and Ms. Relford concurred. Ms. Relford stated there were initially more counties identified
as being economically distressed; however, many of the counties were subsequently removed from the
list, yet Weld County remains. Chair Kirkmeyer stated whether or not the road portion of the project
remains in the application, she will support it, since she finds it to be consistent with the North Greeley
Subarea Plan supported by the previous and current Boards of County Commissioners. Commissioner
Conway moved to approve the Resolution of Support for said pre-application. Commissioner Long
seconded the motion, which carried unanimously.
PLANNING:
CONSIDER APPEAL OF DECISION OF THE PLANNING DIRECTOR REQUIRING THE
ASSESSMENT OF A ROAD IMPACT FEE, COUNTY FACILITY FEE, AND THE DRAINAGE IMPACT
FEE - THE GENESIS PROJECT OF NORTHERN COLORADO, C/O KARLA GRIESER: Trevor
Jiricek, Director, Department of Planning Services, stated he has provided a written summary of the
history of the appeal. Responding to Chair Kirkmeyer, Mr. Jiricek stated Karla Grieser, President for
the Board of the Genesis Project of Northern Colorado, submitted a letter, dated September 13, 2011,
which requested the Board consider appealing his decision to not waive the impact fees. He stated his
memorandum provides the history of the matter, and it indicates Ms. Grieser requested a fee waiver for
or reduction of the Use by Special Review (USR) permit application fee in February, 2011, which was
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discussed with the Board, and the request was denied. He stated in an e-mail, dated August 10, 2011,
Ms. Grieser requested that the upcoming impact fees associated with the USR be waived, and he sent
a reply e-mail on August 16, 2011, indicating he does not have the authority to waive impact fees, per
the Weld County Code, and his reply resulted in Ms. Grieser requesting this appeal. Mr. Jiricek
recommends not waiving the fees, based on the intent of recent amendments to Chapter 20 to make
the fees be applied consistently, and Ms. Grieser's application is similar to many other USR permit
applications. He stated he provided rough estimates of the fee amounts which the Board is considering
waiving; however, since the building permit application has not been submitted yet, he cannot provide
specific figures and the estimates may vary greatly from the actual amounts, depending on the sizes of
the buildings.
Ms. Grieser stated during the Planning Commission hearing in July, 2011, the Planning Commissioners
discussed waiving the impact fees, and Mr. Barker indicated to the Planning Commission that the
Board of County Commissioners is the only entity which may waive the impact fees. She stated in the
e-mail response she received from Mr. Jiricek, he indicated the Weld County Code does not allow the
Director to waive or reduce fees; therefore, she does not believe the Planning Director should be able
to make this decision. She stated Mr. Barker and the Weld County Code fully place the responsibility of
making this decision on the Board of County Commissioners, which is why the Genesis Project of
Northern Colorado is appealing Mr. Jiricek's decision. Ms. Grieser stated the Genesis Project of
Northern Coloraod is unique as a non-profit organization and it is deserving of special consideration
because when the facility is fully operational and its clients graduate from the program, they will be
more independent, with greater productivity and healthier families, which will produce an economic
benefit for tax payers by reducing government funded assistance programs. She stated further
economic benefits will be produced for the government and its tax payers by eliminating the need for
social and criminal intervention for the families in the program, and the program is totally funded without
the aid of government support. Ms. Grieser requested the waiver of the Road Impact Fee, the
Drainage Impact Fee, and the Facility Impact Fee; thereby, eliminating Development Standards 13
and 14. In response to Commissioner Rademacher, Mr. Jiricek stated the Drainage Fee is a
County-wide fee. Mr. Barker stated the fee update included Drainage and Road Impact Fees which are
intended to be consistently applied County-wide, and he stated there is nothing in the Weld County
Code that provides for the waiver of these fees. He clarified the Board of County Commissioners is the
only entity which has the authority to waive fees; however, that is dependent upon whether the Code
allows for it, and the Code does not provide a mechanism for these particular fees to be waived at this
time for any property owners which are subject to the fees. He stated the Code provides the ability for
the property owner to provide information to the Board of County Commissioners which may alter the
fee calculations. Responding to Commissioner Rademacher, Mr. Barker stated the fee is based on the
factors provided in the study and it is determined by the process, and he is concerned about the Board
reducing the fees for any property owner without first considering the various factors that go into
determining the fee, which the Board has not completed yet. He stated the property owner has not
provided any data to argue reducing the fees, for example, they have not provided data about its
transportation usage in comparison to the standard charts, to demonstrate the Road Impact Fee is
inaccurate. Commissioner Conway stated he thinks the Board has the ability to reduce fee amounts,
even if it cannot waive the fees. Chair Kirkmeyer stated these fees are different from some of the other
fees the County charges because a process was followed to establish a rational nexus for the
determination of these fees. In response to Chair Kirkmeyer, Mr. Barker clarified there is no language
in the Code explicitly stating the Board cannot waive the fees; however, there is not any language
providing the Board with the ability to the waive the fees. He stated if there is a desire for the Board to
have the ability to waive the fees, it can be written into the Code; however, it does not currently exist.
In response to Commissioner Rademacher, Mr. Barker stated the process of appeal is for the applicant
to submit reasoning as to what is different about their property use and why it is not appropriate to have
to pay the full amount as set in the calculation, such as the number of vehicle trips the site is
anticipated to generate being lower than the amount utilized in the formula calculation. Commissioner
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Page 7 BC0016
Rademacher stated the Board waives fees in violation hearings on a regular basis. Chair Kirkmeyer
stated those fees are not being waived in violation hearings; however, civil penalties are sometimes
wauved, similar to health violation cases. Mr. Barker stated in those instances the Board has the ability
to waive the civil penalties, and he does not believe the Board has waived application fees for property
owners during violation hearings. Mr. Jiricek stated the Weld County Code addresses administrative
appeals, in Section 20-1-60.H, and it allows Ms. Grieser to appeal to him to waive the fees; however,
the only item he is allowed to consider is the land use category, and he has determined the property
neatly fits into the Institutional/Quasi-Public land use category. He stated the Board can determine
whether it deems another land use category appropriate and whether the impacts may be different than
the formula; however, he has determined this is the appropriate category, and this is the category the
USR Permit application applied under. Mr. Barker concurred. In response to Chair Kirkmeyer,
Mr. Jiricek stated if the USR Permit application was withdrawn, the property could remain residential,
and the Road Impact Fee for a residential home is $2,269.00. In response to Commissioner
Rademacher, Mr. Jiricek stated the County Facilities Impact Fee for a single family residence is
$636.00, as opposed to being charged $188.00 per 1,000 square feet for an institutional facility;
therefore, this fee would actually increase by $35.00 for a residence. He stated the Drainage Impact
Fee would remain the same and the Road Impact Fee would decrease for the primary structure, if the
property was changed to residential use; however, the second structure is an activity center associated
with the use, and he is unsure as to how that could be classified as anything other than institutional.
Janet Carter, Department of Public Works, concurred with Mr. Jiricek that the most logical category for
this site is Institutional/Quasi-Public, based on the anticipated trip generation. She stated this site is
located on County Road 49, south of County Road 74, where the average daily traffic count is
147 vehicles, and it is a gravel road. Responding to Chair Garcia, Mr. Jiricek stated the
Institutional/Quasi-Public category does not take into account non-profit or associated beneficial uses to
society. Chair Kirkmeyer stated it is frustrating the Board cannot waive the fees and she directed
Mr. Jiricek to charge the lowest amount of fees possible. Mr. Jiricek stated he has already evaluated
the matter, and his finding was the site cleanly fit into this land use category and he could not make it fit
into another land use category with lower fees, which is why he denied the request; however, he will
proceed however the Board directs him to. Responding to Commissioner Conway, Mr. Jiricek stated
he has applied the fees in accordance with the Code, unless the Board determines another land use,
such as a single family home, is appropriate for this facility. Commissioner Conway stated he
appreciates Mr. Barker's argument that the Board cannot and should not waive the fees; however, he
believes the Board has the discretion to make a determination based on other factors which does not
compromise the Code, by considering the other benefits provided by the applicant. He stated when the
USR Permit application was previously considered by the Board he had expressed he felt this project
will provide many benefits to the citizens of Weld County which will offset costs for the taxpayers, and
the Board should be able to consider this. In response to Chair Kirkmeyer, Mr. Barker confirmed the
Board is allowed to reduce or waive the USR Permit application fee. Chair Kirkmeyer suggested the
USR application fee, in the amount of $2,500.00, could be applied towards the impact fees. Ms. Carter
stated an option which has not been discussed is that the applicant may complete an Independent Fee
Calculation Study to determine the trip generation and impact on the roadway; however, a third party
would need to complete the traffic study, which is an additional cost, unless the service was donated.
She stated staff could then review the traffic volume as part of the Road Impact Fee, and determine an
appropriate fee without considering the land use category. In response to Chair Kirkmeyer, Ms. Carter
confirmed this solution would address the Road Impact Fee; however, it would not address the County
Facilities Impact Fee or the Drainage Fee, Commissioner Rademacher stated he is considering
moving to reduce the combined impact fees to a total of $500.00, which will reduce the fees by
$5,048.00, and directing staff to begin working on language for changing the Weld County Code to
address providing the Board with the ability to waive and reduce the impact fees. Mr. Barker advised
the Board to create criteria for the fee waiver process; otherwise, everyone will request a waiver. He
further stated a study determined churches, schools, and non-profit organizations all generate traffic;
Minutes, September 28, 2011 2011-2567
Page 8 BC0016
therefore, the Board previously determined not to exempt those facilities from the Road Impact Fee;
however, the Board may create an exemption for those organizations, which may easily be added to
the Code. Chair Kirkmeyer stated she is not willing to proceed with that route because it threatens the
rationale of the entire nexus study for the overall impact fees. She further stated she is not willing to go
to bat for this facility because of who is making the request; it is because the residential therapeutic
center will be generating a public benefit and save tax money. She stated the child welfare allocation is
five million dollars short of what is needed, and the Temporary Assistance for Needy Families (TANF)
reserves are depleted; therefore, this facility will help with these matters. Chair Kirkmeyer suggested
the Board waive the fee for the previously paid USR Permit application and apply the funds towards the
impact fees, and direct staff to conduct a study, in lieu of an Independent Fee Calculation Study by a
third party, to determine whether the Road Impact Fee can be further reduced. Commissioner Conway
concurred with Chair Kirkmeyer's suggestions. Responding to Commissioner Conway, Mr. Jiricek
stated he has heard the direction of the Board regarding the USR Permit application fee and the fee
calculation study; therefore, the Board can dismiss this matter, and the applicant can appeal the matter
to the Board again if they are not satisfied with the new fee calculated. Commissioner Conway moved
to waive the USR Permit application fee and apply it towards the impact fees, and he instructed staff to
complete the fee calculation study. He further stated if the applicant is dissatisfied with the results of
the fee calculation study it may appeal the matter to the Board. Commissioner Rademacher seconded
the motion. In response to Commissioner Garcia, Ms. Carter stated she believes she has a method to
complete the fee calculation study which will not create a conflict of interest, since she normally
completes these studies, she will, for this case, delegate another staff member to complete the study,
which she will review and approve, as opposed to her creating the study. Commissioner Rademacher
clarified his prior comments were not in the form of a motion. Commissioner Long stated this is not a
precedent and the traffic study is only being conducted by staff for this specific situation. Mr. Barker
clarified the Board is granting this appeal only to the extent stated in the motion, and the Board
concurred. There being no further discussion, 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.
Minutes, September 28, 2011 2011-2567
Page 9 BC0016
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:,$Ok. LI Ak t ,/, /�-
Bdrbara Kirkmeyer, Chair
Weld County Clerk to the Board
a �n Sean P.
P. ,C Pro-Tern
BY: ()kV (I)
Deputy CI k to the Board � -�
pe TOIt\ Will Garcia
(361 U , David E. Lon
`. U� t_0i' �3o4gl Radema her
Minutes, September 28, 2011 2011-2567
Page 10 BC0016
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