HomeMy WebLinkAbout20090694.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 23, 2009
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 Centennial
Center, Greeley, Colorado, March 23, 2009, 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 H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of March 18, 2009, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 18, 2009, as follows: 1) 3rd AmUSR #542 - DCP Midstream, LP;
2) 4th AmUSR #552 - DCP Midstream, LP; and 3) USR #1687 - Journey Ventures, LLC. Commissioner
Conway seconded the motion, which 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - N AND S JOSEPH PROPERTIES
(CON'T FROM 03/09/09): Christopher Woodruff, Assessor, stated the matter was previously continued
so that tax years 2007 and 2008 could be considered together, since the petitioner's representative
originally filed a petition only for tax year 2007. He indicated it was later discovered that a petition for tax
year 2008 was also submitted, therefore, the Board decided to delay the previous matter so that the
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hearings could be consolidated. He confirmed he spoke with the petitioner's representative on Friday,
March 20, 2009, at which time the representative indicated a desire to withdraw the petition; however, a
formal withdrawal request was not provided to the Office of the Clerk to the Board. He indicated the matter
will be heard by the Board today, and if the petitioner wishes to proceed, an appeal may be made, or the
petition may be withdrawn before it is presented to the Board of Assessment Appeals. Mr. Woodruff
indicated the property contains a 6,030 -square -foot liquor store, which is located within an anchored
shopping center east of the City of Fort Lupton, and was constructed in the year 2005. He clarified the
property owner has not filed any previous appeals, and staff compared sales for properties of a similar
nature within southern Weld County, considered as a "retail wing" within a shopping center, as well as the
sales of other liquor stores within the City of Fort Lupton. He confirmed all of the comparable sales
supported the value of $904,500.00. He indicated the petitioner's representative provided a list of sales
of primarily stand-alone buildings within the Cities of Brighton and Fort Lupton, the newest building was
constructed in the 1960's, and none of the buildings were part of an anchored shopping center. He
confirmed he believes the value of the property is reasonable, and he recommended denial of the petition
for both tax years 2007 and 2008. No representatives for N and S Joseph Properties were present, and
no public input was provided. Commissioner Conway moved to deny said petition, for both tax years 2007
and 2008, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO ANHEUSER BUSCH
PARK AND RECREATION DISTRICT (CON'T FROM 3/02/09): Bruce Barker, County Attorney, stated
Attorney Dianne Miller is not able to be present at today's hearing, due to illness, and Ms. Miller is still
reviewing the provided provisions for inclusion and the proposed Intergovernmental Agreement. He
confirmed several of the Commissioners recently toured the property and discovered a discrepancy with
the boundaries of the site. He recommended the Board refer the matter back to staff, in order to resolve
the boundary issue, and to work out any additional necessary language with Ms. Miller. He clarified the
matter is not ready to move forward, therefore, referring the matter back to staff is more appropriate than
continuing the matter to a later date. Commissioner Conway moved to refer the matter back to staff, for
additional review as described by Mr. Barker. Seconded by Commissioner Long, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CR 6 AND AUTHORIZE CHAIR TO SIGN - VICTOR AND KAREN ANDROVICH: Janet Carter,
Department of Public Works, stated Victor and Karen Androvich will provide maintenance of a portion of
County Road 6, east of the portion currently maintained by the County, extending east from County
Road 49. She clarified 30 feet of right-of-way will be upgraded and maintained for access to an existing
lot, as well as access to a lot created through the Recorded Exemption process. She confirmed the
property is located within the floodplain, and Clay Kimmi, Department of Public Works, is present to answer
any questions concerning the floodplain. Ms. Carter indicated a surrounding property owner, David Suitts,
provided a letter, citing concerns regarding the number of accesses along County Road 6, within close
proximity, and the fact that the area is located within the floodplain. She clarified staff does not believe the
total of four accesses on a local gravel road will create any problems, as long as the spacing is correct.
Responding to Commissioner Conway, Ms. Carter indicated there are no current traffic counts on County
Road 6, as the overall volume of traffic is too low. In response to Commissioner Kirkmeyer, Ms. Carter
confirmed the applicant will not be creating a private drive, rather, right-of-way has been dedicated by the
County, and the applicant is required to provide adequate access to the lot being created through the
Recorded Exemption process. Responding to Chair Garcia, Ms. Carter confirmed a bridge across the Box
Elder Creek has not been constructed, and the applicant has the choice to place the access point on
County Road 6 before it is necessary to cross the creek. In response to Commissioner Kirkmeyer,
Ms. Carter indicated there are three existing accesses on County Road 6, and the creation of the fourth
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access will be more than 150 feet from the closest existing access. Commissioner Conway clarified
Mr. Suitts does not necessarily oppose the approval of the agreement, rather, it appears he was seeking
additional information from staff. In response to Commissioner Conway, Ms. Carter confirmed she has
been in contact with, and has provided information to, Mr. Suitts through telephone conversations and
e-mail. She further confirmed she notified Mr. Suitts that he had the ability to appear at the meeting today
to present his concerns in person. Further responding to Commissioner Conway, Ms. Carter explained
staff cannot deny an applicant's request for a Recorded Exemption simply because a specific property is
located within the floodplain. In response to Commissioner Kirkmeyer, Ms. Carter confirmed the applicant
does own all of the property which is adjacent to the right-of-way to be upgraded, and she clarified the
property owner to the north of the Androvich property is also completing the Recorded Exemption process,
therefore, it is possible that another access will be added to County Road 6 in the future. Further
responding to Commissioner Kirkmeyer, Ms. Carter stated the surrounding property owners were notified
about the agreement through a letter of notification provided by the applicant; however, only one property
owner, to the south of the property, will be affected. In response to Commissioner Kirkmeyer, Mr. Barker
indicated the agreement is recorded, and the recorded document serves as notification to any future
property owners. Responding to Commissioner Rademacher, Mr. Barker clarified the agreement
specifically states all liability rests upon the executor of the agreement. Chair Garcia indicated his
concerns have been addressed, and he expressed his appreciation to Ms. Carter and Mr. Barker for their
clarifications. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 76 AND 78: Ms. Carter stated County
Road 31, between County Roads 76 and 78, will be closed from March 30, through April 3, 2009, for a
culvert replacement. She indicated the average daily traffic count, taken in the year 2006, is approximately
1,148 vehicles, and the gravel portions of the detour route will be treated with magnesium chloride for dust
abatement purposes. Commissioner Rademacher moved to approve said temporary closure. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR JOINT FUNDING FROM BUREAU OF
JUSTICE ASSISTANCE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Mr. Barker stated
grant funds have been received by the City of Greeley, in the amount of $434,211.00, and the City is going
to provide funds, in the amount of $107,876.00 to the Sheriffs Office. He indicated the grant has been
received by the City for several years, and the Memorandum of Understanding (MOU) is for acceptance
of the amount of funds forwarded by the City. He clarified the Greeley Police Department is responsible
to meet the requirements set forth by the State, and the Sheriff's Office enters into the MOU for
accountability of the provided funds. He read specific language from the MOU into the record, indicating
financial and operational records must be kept, and it is his understanding that both Kim Fleithman of the
Sheriff's Office, and Juan Cruz of the Greeley Police Department, maintain the required records. He
indicated there have been no problems within past years, and he recommended approval of the
memorandum. In response to Commissioner Kirkmeyer, Mr. Barker indicated he is not certain what the
funds are utilized for, and he believes there are no restrictions on the use of the funds. Commissioner
Kirkmeyer clarified the Sheriff's Office must comply with the federal financial guidelines even though it is
not the direct recipient of the grant funds. Responding to Commissioner Conway, Mr. Barker confirmed
the grant funds have been awarded on an annual basis for the past several years, and he is not aware of
any specific time frame by which this MOU must be approved. Commissioner Conway moved to approve
said Memorandum of Understanding and authorize the Chair to sign, and the motion was seconded by
Commissioner Rademacher. Commissioner Kirkmeyer indicated all County Departments are required to
present information to the Board regarding grant funds, and just recently the Fair Board was required to
provide additional information regarding video games before the Board would approve an agreement. She
indicated the Board is not aware of how the funds will be utilized, and what is required by the County in
regards to future maintenance and operations. She confirmed she is not opposed to receiving the grant
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funds; however, she believes it is appropriate to obtain more information before the MOU is approved.
Chair Garcia concurred with Commissioner Kirkmeyer, and indicated it will be acceptable to continue the
matter to obtain the necessary information, since it appears that it is not time -sensitive. Commissioner
Conway confirmed other Departments have been required to provide additional explanation regarding
contracts, etcetera, and he is willing to withdraw his previous motion so that a work session may be
scheduled. Following discussion among the Commissioners, it was determined that an e-mail of
explanation from Mr. Fleithman will be sufficient, a work session is not necessary, and the matter may be
continued to the next Board meeting. Commissioner Conway withdrew his previous motion for approval,
with concurrence by Commissioner Rademacher. Commissioner Rademacher moved to continue the
matter to Wednesday, March 25, at 9:00 a.m. Commissioner Conway seconded the motion, and indicated
if the e-mail provided by Mr. Fleithman does not provide adequate information, the Board will request that
a representative of the Sheriffs Office attend the meeting on Wednesday, March 25, 2009, to provide
additional information. There being no further discussion, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXTENSION PROGRAM - COLORADO
STATE UNIVERSITY EXTENSION: Commissioner Kirkmeyer indicated the Board has had a considerable
amount of discussion, and has received input from 4-H Leaders, Master Gardeners, Livestock Council, Fair
Board members, and other departmental staff. She confirmed the Board has spent an extensive amount
of time reviewing the Extension Program and the services provided, which is also being done for all Weld
County Departments. She indicated there was an outstanding issue with the Master Gardener Program,
and she has since met with Larimer County Commissioners Reynolds and Donnelly, holding discussions
regarding jointly operating a Master Gardener Program, and Larimer County is open to further discussions
regarding implementation. She expressed her appreciation to Dr. Frank of Colorado State University for
his involvement throughout the review process, and she confirmed he has been very open to discussions
and fully involved with the entire process.
Commissioner Conway expressed his appreciation to Commissioners Kirkmeyer and Long for their
dedication to this review process and the resulting negotiations. He confirmed the Board has spent more
than two months gathering feedback from the community, requesting ideas of how the Program could be
improved, and the entire process has been extremely valuable. He clarified the Board is in the process
of an extensive budget review, involving all Weld County Departments, not just the Extension Program.
He confirmed Dr. Frank has presented a personal interest in the review process, and his active
involvement indicates his support of 4-H Programs. He expressed his appreciation to Dr. Frank, on behalf
of the Board and other county staff, and stated all involved within the review process now have a better
understanding of the Extension Program, which is a very strong program. He indicated Weld County is
an agricultural leader within the State of Colorado, and the Board has a deep commitment to ensuring the
4-H Program continues.
Chair Garcia concurred with Commissioner Conway and indicated the review process began in the year
2008, when the Board began to receive comments and concerns from the public regarding the time
commitments of the agents working in the Extension Service. He indicated the Board started the review
process, in order to consider various options, and several areas of duplication were discovered. He
confirmed the result of the study has created an improvement to the overall program and the services
provided to Weld County residents, and a savings within the budgets for both Weld County and Colorado
State University. There being no further discussion, Commissioner Kirkmeyer moved to approve said
memorandum of understanding. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR THE SOUTHWEST WELD ECONOMIC DEVELOPMENT
INITIATIVE: Commissioner Rademacher indicated a group formed within the southwest portion of Weld
County, located between U.S. Highway 85, west to the county line, and from State Highway 60, south to
the county line, which includes representatives from seven municipalities. He clarified the group is creating
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their vision and mission statements, and is seeking support from the Board for the initiative. In response
to Chair Garcia, Commissioner Rademacher indicated this initiative will work in conjunction with the
Upstate Colorado Economic Development. Commissioner Rademacher moved to approve said expression
of support. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-5, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD
COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-5 by title only. Seconded
by Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance into the record
and stated modifications have been made to the Appendices within Chapter 8, regarding the Stormwater
Fees charged by the Cities of Evans and Greeley, and the Towns of LaSalle and Erie. He clarified the
Board recently conducted a work session, at which time the fee increases were discussed, and the fees
appeared to be substantially modified for the Town of Erie; however, it was discussed that the method of
the calculation of the fees was modified. He further indicated several references which had no bearing on
the drainage fees were also removed from the Appendices. No public testimony was provided concerning
this matter. Commissioner Kirkmeyer moved to approve the second reading of Ordinance #2009-5.
Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-5 was approved on second reading.
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 9:45 a.m.
ATTEST:
Weld County Clerk to the Boa
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Clerk It9 the Board
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BOARD OF NTY COMMISSIONERS
WELD COLORADO
William F. Garcia, Chair
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Dougl ademach , Pro -Tern
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David E. Long
Minutes, March 23, 2009 2009-0694
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