HomeMy WebLinkAbout20092365.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 2, 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, September 2, 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 F. 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 August 31, 2009, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Garcia added new Item of Business #5: Consider Certificate and
Statement of Authority and Truth of Application for Child and Adult Care Food Program and authorize Chair
to sign.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway indicated he recently attended
a meeting with representatives from the Towns of Johnstown and Milliken, to discuss sirens and
generators, as well as other issues. He further indicated a meeting was held within the City of Fort Lupton,
regarding the visioning process for U.S. Highway 85, and he confirmed the project is moving forward. At
the request of Chair Garcia, Commissioner Conway gave an update and overview regarding his service
on the Long -Term Fiscal Stability Committee. He clarified the withdrawal of Energy Impact and Mineral
Assistance grant funds will negatively impact the local communities which have come to rely on the funds
provided, and all grant requests are "on hold" until after October, 2009, when new budget figures will be
released. He confirmed the fiscal status of the State will not get better anytime soon, and in fact, it is
expected to get worse. He indicated there have been several areas of disagreement between the
legislature and the Governor, and the committee will meet again in October, 2009, to provide
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recommendations of how to come to a consensus. He expressed his concern regarding key issues such
as tax levies and tax policies, the cost for higher education and transportation, and the utilization of
stimulus funds.
NEW BUSINESS:
CONSIDER CHILD CARE ASSISTANCE PROGRAM PLAN: Judy Griego, Director, Department of Human
Services, stated the Plan must be submitted to the State on an annual basis, and it contains the current
policies and procedures of the Department. She confirmed the Plan has been formally adopted by the
Social Services Board, and there have been no significant modifications from the Plan previously
submitted, except for approval of mandatory participation of child care participants within the Child Support
Program. She indicated the effective term of the Plan is from July 1, 2009, to June 30, 2011.
Commissioner Long moved to approve said plan. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER ANNUAL PROGRAM PLAN FOR CHAFEE FOSTER CARE INDEPENDENCE PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Independent Living Program is a federally
funded program, managed by the State of Colorado, and supervised by the Department. She confirmed
the program provides training and supervision of youth over the age of sixteen who reside in out -of -home
placement. She indicated the total budget is in the amount of $140,862.30, and up to 142 youth will be
served during the time period of October 1, 2009, through September 30, 2010. Commissioner Conway
moved to approve said plan and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER AMENDMENT TO BUDGET FOR BUILDING HEALTHY MARRIAGES PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the amendment formalizes the modifications made
throughout the budget year, and the budget will be re -submitted with the necessary modifications. In
response to Chair Garcia, Ms. Griego indicated the savings experienced from the merging of the
Departments of Social Services and Human Services are outlined within the amendment budget, and a
majority of the funds are being reinvested back into the program for activities such as relationship
seminars, coaching, and family education services. Commissioner Rademacher moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER REVISION TO ONE-TIME FUNDING GRANT APPLICATION FOR MIGRANT/SEASONAL
HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the grant funds will be
utilized to complete some capital improvement projects at various Head Start centers. She clarified the
application does address the in -kind match provided from the various school districts, and is for a term of
January 1, 2009, through December 31, 2009. CommissionerConway moved to approve said revision and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CERTIFICATE AND STATEMENT OF AUTHORITY AND TRUTH OF APPLICATION FOR
CHILD AND ADULT CARE FOOD PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated
approval of the document is a requirement for the meal reimbursement contract for the Child and Adult
Care Food Program. She clarified the document provides a list of titles and birth dates of the responsible
individuals for the program. Commissioner Rademacher moved to approve said certificate, statement of
authority, and truth of application and authorize the Chair to sign. Seconded by Commissioner Conway,
the motion carried unanimously.
CONSIDER AMENDED WELD COUNTY ASSESSMENT ARBITRATION RULES AND PROCEDURES:
Bruce Barker, County Attorney stated the Assessor has recommended modifications to the rules and
procedures for property assessment arbitration, more specifically, the qualifications of a proposed
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arbitrator. He confirmed the qualifications had not been previously updated to match the qualifications
required by the State, and he recommends approval of the modifications. He clarified an arbitrator must
be registered, licensed, and certified, in order to provide arbitration services within Weld County. He
further clarified there has been recent interest expressed by arbitrators wishing to be added to the
approved list compiled by Weld County, and it was determined that it was necessary to update the
qualifications. In response to Commissioner Conway, Mr. Barker clarified this modification does not need
to be completed through an Ordinance process, and he confirmed Weld County is required to keep a
current list of prospective arbitrators. Commissioner Conway moved to approve said amended rules and
procedures. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER UPDATED LIST OF ARBITRATORS FOR PROPERTY VALUATION APPEALS: Mr. Barker
explained, as referenced within the previous item of business, the list of prospective arbitrators must be
provided to property owners, upon request. Responding to Commissioner Rademacher, Mr. Barker
clarified all of the arbitrators within the list are licensed and certified. Commissioner Rademacher moved
to approve said list, and the motion was seconded by Commissioner Long. Chair Garcia indicated one of
the listed arbitrators does not have an office within Weld County, and he questioned whether it is required
for a potential arbitrator to conduct business within the County. Mr. Barker confirmed there are no
requirements for the prospective arbitrator to have an office within Weld County. Responding to
Commissioner Conway, Mr. Barker confirmed the original list was formed sometime in the 1990's, and was
periodically updated throughout the years. He confirmed all of the people listed are willing to work with
Weld County property owners, and there have been a minimal amount of requests for arbitration within the
past several years. He reiterated the County is required to keep a current list of prospective arbitrators
so that it may be provided to a property owner, upon request. Further responding to Commissioner
Rademacher, Mr. Barker confirmed all of the providers listed have been verified. In response to
Commissioner Conway, Mr. Barker clarified the list is not circulated as general information, it is provided
on an "as -needed" basis. He further clarified if an arbitrator would like to placed on the list, and meets the
qualifications, the person could contact the County Attorney, Assessor, or Clerk to the Board to be added
to the list. Responding to Commissioner Rademacher, Mr. Barker clarified the Assessor may choose from
the names on this list for any property owner who is requesting arbitration, and Board approval is required
for any new names to be added to the list. There being no further testimony, the motion carried
unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 19, 2009 - AMERICAN CANCER SOCIETY: Mr. Barker stated the next item of business
is for the same applicant, and may be discussed concurrently. He indicated the applicant is intending to
hold an event on property owned by Church Barn, LLC, and he read the legal description of the property
into the record. He confirmed the American Cancer Society has been providing this event for many years,
and he recommended approval. Nancy Clark, American Cancer Society, stated she has been the
coordinator of this event for the past fourteen of seventeen years, and a full crowd is anticipated at this
year's event. She confirmed the American Cancer Society is grateful for the support of the community,
and even in a time of economic downturn, the event is expected to raise a large sum of money. In
response to Commissioner Rademacher, Ms. Clark indicated the number of people attending the event
varies from year to year; however, maximum capacity is 650, and this year's event is expected to meet
maximum capacity. Further responding to Commissioner Rademacher, Ms. Clark indicated the Weld
County Sheriff's Posse will provide security for the event, similar to past events. Commissioner Conway
clarified he has attended this event, the Cattle Barons Ball, in the past, and he confirmed the event is
extremely well organized and efficiently run. He further confirmed it is a great fund-raising event for the
community, and Ms. Clark always does a great job with organizing the event. Ms. Clark expressed her
appreciation to Commissioner Conway and confirmed the event provides a positive reputation for the
American Cancer Society. She further confirmed the organization is proud to be recognized as a premier
organization. Commissioner Conway clarified the event had to be relocated last year, due to inclement
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weather; however, the entire event still went off without a hitch. Commissioner Rademacher moved to
approve said application. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT ON SEPTEMBER 19, 2009 AND
AUTHORIZE CHAIR TO SIGN - AMERICAN CANCER SOCIETY: Mr. Barker stated the applicant has
provided the required photograph, indicating the notice was posted on the site, marked as Exhibit A. No
public testimony was provided concerning the matter. Commissioner Conway moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER EXTENSION OF DEADLINE FOR SUBMITTAL OF APPLICATIONS FOR QUINQUENNIAL
FINDINGS OF REASONABLE DILIGENCE FOR BEEBE DRAW METROPOLITAN DISTRICTS NOS. 1
AND 2: Mr. Barker stated a letter has been provided by Kristin Bowers of McGeady Sisneros, requesting
an additional extension for the submittal of the information for the quinquennial review of Beebe Draw
Farms Metropolitan Districts 1 and 2. He clarified he has worked with both parties to "pre -negotiate" a new
time frame, extending the due date for the submittal to November 2, 2009, and to set November 18, 2009,
as the hearing date, if necessary. He further clarified the reasons for the extension request are listed
within the letter provided, and MaryAnn McGeady, Attorney, is present to address any questions. He
confirmed he recommends approval of the request, since the parties are currently within negotiations which
may result in a resolution of the matter, with modifications to the service plans for both districts. He
confirmed resolution of the matter will be beneficial to the developer, property owners, and residents within
the districts. In response to Commissioner Rademacher, Mr. Barker confirmed this is the second extension
request. Commissioner Kirkmeyer clarified if this request is granted today, this will actually be the third
extension request. Commissioner Rademacher indicated it should be made clear to both parties that this
will be the last extension request considered.
Ms. McGeady stated both parties are included in negotiations regarding restructuring, and an extension
for a long period of time has not been requested because it is important for both parties to develop a sense
of trust for negotiations. She clarified the focus has mostly been on restructuring the districts, therefore,
the elements of the service plan amendments are currently being developed. She indicated it is intended
for the matter to come before the Board before the end of calendar year 2009, for public hearings on the
proposed service plan amendments. She further indicated it is anticipated that the community could vote
on the plans within an election in May, 2010, therefore, all discourse and public hearings must be
completed before February, 2010. She clarified the goal is to have all information submitted before
December, 2009, so that adequate time exists in case meetings need to be continued to accommodate
the needs of the affected communities. She stated adequate time will also be necessary for review of the
matter by the County, so that questions may be answered, and re -worked, if necessary. Ms. McGeady
indicated it is anticipated that the first public hearing will be held in December, 2009, and the feedback from
the County is anticipated at that time. She confirmed the current extension request has been discussed
with Mr. Barker, and it is expected that the negotiations will be concluded through the upcoming community
meetings, and a stipulation will be drafted with target dates. She clarified if both parties are making
appropriate progress, additional extension requests will not be necessary, and if the necessary document
is not submitted by November 2, 2009, then the Districts will be prepared for a hearing on November 18,
2009. She confirmed the discussions have been spirited on both sides, and a lot of compromising has
occurred, therefore, she believes the matter is getting close to resolution. In response to Chair Garcia,
Ms. McGeady confirmed all the representatives concur with the extension request; however, the schedules
of the other representatives did not allow them to be present this morning. She further confirmed their
support has been communicated to the County Attorney.
In response to Commissioner Kirkmeyer, Ms. McGeady indicated she is not involved in the related litigation
case for District 1; however, it is her understanding that the decision previously made by the Board of
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County Commissioners, regarding the exclusion of a portion within District 1, has been appealed to the
District Court. Commissioner Kirkmeyer questioned when a decision by the District Court is expected, and
if the exclusion is allowed to occur, if the quinquennial review will be affected. In response, Mr. Barker
stated the District Court has made an Order regarding the procedure, and it has been decided that a
briefing schedule would be set. He clarified the initial brief is due on September 20, 2009, and the brief
from the County is due 15 days after review of the first brief. He further clarified the Board's decision on
the quinquennial review will be dependent upon the determination of the Court regarding the exclusion
matter, therefore, he is recommending that the hearing process be started within calendar year 2009, on
November 18, so that notice can be provided in accordance with the statute provisions. He clarified the
hearing process may be initiated, and the Board may then wait for the decision from the District Court
before proceeding. Commissioner Conway moved to approve said extension, and set a hearing date of
November 18, 2009, for consideration of the quinquennial review. The motion was seconded by
Commissioner Long. Commissioner Kirkmeyer indicated this is the last time she is willing to entertain a
request fora continuance, and Chair Garcia indicated his concurrence. There being no further discussion,
the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4946 - DUARTE FARM, LLC, C/O JOE DUARTE: Brad Mueller,
Department of Planning Services, stated the applicant has provided an application for Recorded Exemption
#4946, to split a 67 -acre lot, located south of the Town of Kersey. He confirmed the property is Lot B of
Recorded Exemption #4669, which was recorded in September, 2007. He indicated the application is not
in compliance with Section 24-8-40.M.1 of the Weld County Code, because Recorded Exemption #4669
was recorded within the past five years, therefore, staff must recommend denial, and the matter must be
reviewed by the Board of County Commissioners. Mr. Mueller displayed a photograph of the property, and
in response to Commissioner Kirkmeyer, he indicated he is not aware of the history of land splits within
the immediate area.
James Gustafson, Attorney, represented the applicant, and introduced Joe and Belinda Duarte, applicants,
and Heather Viera, daughter of the applicants. Mr. Gustafson gave a brief explanation of the severe health
problems experienced by Ms. Duarte, and indicated the care necessary for Ms. Duarte has created a heavy
burden for Mr. Duarte. He clarified the applicants originally intended to gift a five -acre parcel of land to
their daughter; however, the daughter's husband, Jay Viera, has been diagnosed with multiple sclerosis,
and due to the complications of the disease, he has begun to lose his eyesight. He indicated the
applicants created a 10 -acre parcel approximately two years ago, which has not yet been sold. He clarified
the gentleman who is living on the property has experienced financial problems, and has not been able
to finalize the purchase of the property. He further clarified the applicants would like their daughter to be
able to move to the property to help take care of Ms. Duarte, in addition to her duties of caring for her
husband and four children. He indicated, due to the medical concerns of the applicants, it is possible to
apply for a medical hardship; however, the applicants would only be allowed to utilize a mobile home on
the property, and then after a period of three years, a permanent structure could be built. He explained
that due to financial concerns, it would be more beneficial for the applicants if the daughter were allowed
to build a foundation to be placed underneath a manufactured home, to create a permanent residence, so
that she could be in close proximity to help with her mother's medical care. He confirmed if the Recorded
Exemption is approved, the applicants will deed the property to their daughter, as a gift, and he indicated
the applicants are simply trying to be proactive and eliminate stress for Ms. Duarte.
Ms. Duarte indicated the parcel was originally 80 acres in size, containing two residences, and her father
split off a one -acre parcel many years ago. She indicated the Weld County Code was previously modified
to contain a provision which indicated that only one residence per property was allowed, and her father
completed the re -subdivision process for the brick residence on the property when he created the new
one -acre lot. She further indicated approximately two years ago, a 10 -acre parcel was divided, which
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encompasses portions of farm field which cannot be irrigated. She confirmed a gentleman has been
renting the residence on the property, and would like to eventually purchase the property; however, he has
run into difficulty obtaining proper financing. She explained the renter is serious about purchasing the
property, and they are trying to work with him to complete the transfer of the property, which will include
carrying/financing the loan for him for a period of five years. Ms. Duarte indicated the five -acre parcel to
be split through this Recorded Exemption is a gift for her daughter, since she currently needs to build a
new one -level home, due to her husband's medical complications. She confirmed her daughter is caught
is a very stressful situation, and she indicated if the Board could grant this request, she and her husband
are willing to agree to not seek another Recorded Exemption for a period of at least eight years.
Mr. Gustafson clarified the intent of eight years is the normal requirement of five years, plus an additional
three years since the request for this Recorded Exemption has been made three years early. Ms. Duarte
confirmed there are no future plans for the property other than farming; however, her husband will most
likely phase out of crop production and begin grazing cattle. She confirmed she understands that Planning
staff must obey the Weld County Code; however, she would prefer for her daughter to be allowed to
construct permanent housing, and not just temporary housing.
In response to Chair Garcia, Mr. Barker confirmed the Board does not have the authority to require
additional years before another Recorded Exemption may be applied for, therefore, the applicant will be
able to apply for an additional Recorded Exemption in a period of five years. Responding to Commissioner
Rademacher, Mr. Barker clarified the Board is being requested to grant approval of Recorded
Exemption #4946, which in essence is waiving the five-year waiting requirement issued through Recorded
Exemption #4669.
Commissioner Rademacher indicated the applicants are obviously experiencing medical hardships, and
he believes this is a circumstance in which the Board may make an exception. Commissioner Conway
indicated the request is a gray matter; however, he believes the applicants have proven the need for
special consideration. Commissioner Kirkmeyer expressed her appreciation to the applicants for their
honesty in the matter, and she appreciates the applicants intent to wait an additional period of time if
another Recorded Exemption is deemed necessary in the future. She concurred with Commissioner
Rademacher and indicated the applicant does exhibit unique circumstances. Chair Garcia indicated it was
appropriate for this matter to be reviewed by the Board, and he understands why staff recommended
denial, because the provisions of the Weld County Code must be followed.
In response to Commissioner Kirkmeyer, Mr. Duarte indicated a farm road exists on the property, which
will be utilized for access to the new parcel. Following discussion between Mr. Gustafson and Mr. Duarte,
Mr. Gustafson confirmed an easementforadequate access will be created when the property is transferred
to Ms. Viera. Mr. Duarte confirmed a new access will not be created, and he will have an engineer
complete the required survey for extension of the current access road. In response to Chair Garcia,
Mr. Duarte indicated he has reviewed, and concurs with, the Conditions of Approval. Mr. Barker suggested
additional language for the Resolution to state, "Be It Further Resolved by the Board that the five-year
limitation for Lot B of Recorded Exemption #4669 be, and hereby is, waived."
Commissioner Kirkmeyer moved to approve Recorded Exemption #4946, with the modification as
described by Mr. Barker. 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.
Minutes, September 2, 2009 2009-2365
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m
ATTEST: iLAteiti f/a
Weld County Clerk to th
BY:
Deputy Clerk to the B
BOARD OF COUNTY COMMISSIONERS
WELD �NTY, COLORADO
(yam, i C__>
William F. Garcia, Chair
gla,Radema her, Pro-Tem
David E. Long
Sean P. Conway
ra Kirkmeyer
Minutes, September 2, 2009 2009-2365
Page 7 BC0016
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