HomeMy WebLinkAbout20082430.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 8, 2008
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 8, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 3, 2008, 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 September 3, 2008, as follows: 1) USR #1633 - Spicer Ranches, LTD; and
2) AmUSR #1356 - Marvin and Sandra Te Velde Family Trust. Commissioner Garcia 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 Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2008-2430
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $579,041.01
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER NINE CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
terms of the agreements are June 1, 2008, through May 31, 2009, and she indicated the names of each
of the providers,the services provided,and the maximum reimbursement amount of each agreement. She
further indicated the funds utilized through these agreement are CORE Services funds. Responding to
Chair Jerke, Ms. Griego confirmed it is unusual to utilize the total maximum reimbursement amount for
these types of contracts. Commissioner Long moved to approve said agreements and authorize the Chair
to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR VOLUNTEER
PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO:
Ms. Griego stated the term of the agreement is July 1, 2008, through June 30, 2009, and funds from the
Older Americans Act, in the amount of$500.00,will be utilized to provide services to homebound and frail
seniors. She indicated the outreach efforts will target reaching five rural elders, five Hispanic elders, and
twenty disabled elders. Commissioner Long moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -COLORADO YOUTH
CORPS ASSOCIATION: Ms. Griego stated the project site for the agreement is the Saint Vrain State
Park, and the Weld County Youth Conservation Corps (WCYCC) will remove noxious weeds and
transplant tree saplings within various areas of the park. She indicated the fee for services will be
$2,500.00 per week, and a site visit fee of $250.00, for a term of May 19, 2008, through June 30, 2009.
She stated a minimum of eight people, including the crew leader, will be involved in the project, and a
minimum of 324 hours will be delivered. Responding to Commissioner Garcia, Ms. Griego indicated she
is not sure of the direct reimbursement amount to the youth involved in the project; however, she will
research the matter and provide an answer at a later date. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FARM CREDIT LEASING:
Christopher Woodruff, Assessor, stated the petition is for tax year 2007, and the property owner has
indicated a leased piece of equipment is used during harvesting of silage, therefore the equipment is
exempt since it is used for agricultural production. He indicated the correction to the assessed valuation,
in the amount of$42,460.00 will create a refund in the amount of$2,961.96. In response to Commissioner
Rademacher, Mr. Woodruff indicated the equipment is a Versa Bagger. Commissioner Garcia moved to
approve said petition, based upon staff's recommendation. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DE LAGE LANDEN
OPERATIONAL: Mr. Woodruff stated the petitioner indicated the leased personal property was moved
to Seminole, Texas, in 2006,therefore,the equipment no longer resides within Weld County. He indicated
the correction to the assessed valuation, in the amount of$37,310.00, will create a refund in the amount
Minutes, September 8, 2008 2008-2430
Page 2 BC0016
of $3,386.70. Commissioner Rademacher moved to approve said petition, based upon staffs
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLORSTAR GROWERS OF
COLORADO: Mr. Woodruff stated this parcel was designated as an improvements only valuation in
previous years; however, it was discovered that the building on the property was sold to the owner of the
land in 2004, and the improvements only account was not deleted, therefore, the building was double
assessed. He indicated staff recommends approval of the petition for tax years 2006 and 2007, with
refunds in the amount of$1,071.86,and$1,031.62, respectively. In response to Chair Jerke, Mr. Woodruff
indicated Colorstar Growers of Colorado is a brand of packet plants provided to nurseries. Commissioner
Rademacher moved to approve said petition, based upon staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AUTHORIZING EXTENSION OF OIL AND LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO-SW 1/4, S14, T5N, R62W: Bruce Barker, County Attorney,
stated Bonanza Creek Energy Operating Company, LLC, has requested an extension of its current oil and
gas lease covering 160 acres, and he read the legal description into the record. He clarified the company
requested a one-year extension of the lease; however, the current policy only provides for a six-month
extension, and he confirmed the company has provided a check in the amount of $1,760.00, which is
$10.00 per net mineral acre, plus the rental fee of$1.00 per acre. Responding to Chair Jerke, Mr. Barker
indicated the company has leased the property for the past three years; however, no exploration activities
have occurred on the site. In response to Commissioner Long, Commissioner Rademacher indicated the
property is located within the Pronghorn area. Responding to Chair Jerke, Mr. Barker indicated the County
is not obligated to extend the lease, and he confirmed the company is currently paying the royalty rate of
12.5 percent, since the lease was approved before the Board voted to increase the royalty rate to
20 percent. Chair Jerke indicated he is not convinced that the company should be allowed to continue
operating through the current lease. He indicated many of the recent oil and gas auctions have provided
increased benefit to the County, and he does not support an extension of the lease at the 12.5 percent
royalty rate. In response to Commissioner Rademacher, Mr. Warden confirmed if the extension request
is denied, the property will be put out to bid, and the bid process will be open to other competitors. Chair
Jerke indicated the company already had a three-year window to commence operations; however, they
did not move forward, therefore, he does not support an extension of the lease. Mr. Warden clarified the
County did not permit lease extensions for many years; however,a new policy was enacted which provides
for the option of an extension of the lease for six months if the company is able to prove extenuating
circumstances. Responding to Commissioner Garcia, Mr. Barker stated the company did not provide any
notice of extenuating circumstances. He further stated if the Board moves to deny the extension request,
the submitted check, in the amount of$1,760.00, will be returned to the company. Commissioner Long
moved to deny said extension request. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE SALE OF
SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barb Connolly, Controller, requested that four
pieces of construction equipment be declared as surplus property, and sent to the Roller and Associates
Auction on September 17, 2008, at the Adams County Fairground. Responding to Commissioner
Rademacher, Ms. Connolly indicated the trailer with the jack washer was replaced by the new vacuum
vehicle authorized to be purchased on September 3,2008. Commissioner Rademacher moved to declare
said equipment as surplus property and approve the sale of same. Seconded by Commissioner Long, the
motion carried unanimously.
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Page 3 BC0016
CONSIDER ASSIGNMENT OF ALLOCATION FOR SINGLE FAMILY MORTGAGE REVENUE BONDS
AND AUTHORIZE CHAIR TO SIGN-COLORADO HOUSING AND FINANCE AUTHORITY: Monica Mika,
Director of Administrative Services, stated a representative from the Colorado Housing and Finance
Authority will discuss the benefits and advantages of the proposed assignment, as referenced within the
information contained within the memorandum.
Karen Harkin, Director of Home Finance for the Colorado Housing and Finance Authority (CHFA),
requested the Board consider an assignment to CHFA for private bond activity allocation, in the amount
of$6,219,918.00, for 2008. She explained when allocations are assigned to CHFA, the community has
an opportunity to decide how the allocation will be utilized, through single family mortgage loans,
multi-family purposes, or for industrial development bonds. She indicated CHFA is active within Weld
County,and within the year 2008, 167 loans have already been purchased/closed within Weld County,with
55 of the loans within the City of Greeley, totaling over$16 million in loans for first-time homebuyers. She
clarified the Private Activity Bond (PAB)Cap allocation will be provided for tax-exempt mortgage revenue
bonds for first-time homebuyers purchasing a house within Weld County, CHFA will hold the funds for up
to two years for use within the community, and due to the significant volume within Weld County, she
indicated the funds will easily be fully utilized within the two-year period. She stated CHFA issues big bond
issues every couple of months, which makes money available to first-time homebuyers everyday, and a
zero percent second mortgage loan is also offered, to help with down payment and closing costs. She
clarified the zero percent loan is offered to protect the second lien position, making it virtually impossible
for non-beneficial financing tactics to be completed. She indicated CHFA services all of the loans through
the office located in Denver, Colorado, across from the Coors Field Ballpark, and the servicing staff are
all bilingual. She further stated homebuyer education is required,which is provided by Tom Teixeira within
Weld County, or through online courses, and she clarified every dollar provided through the bonds is
leveraged with additional debt. Ms. Harkin indicated a large amount of positive foreclosure activity is
happening with Weld County, and approximately 40 percent of loans purchased by CHFA have been
provided to first-time homebuyers who are buying foreclosed homes,or approximately$10 million of loans,
which helps stabilize and revitalize neighborhoods within the community. She indicated the high
foreclosure rate does have drawbacks; however, it has also created opportunities for low-income,first-time
homebuyers to purchase these homes.
In response to Commissioner Rademacher, Ms. Harkin stated the Internal Revenue Service allows every
State to issue tax-exempt mortgage revenue bonds at the rate of $85.00 per capita, which totals
$413 million for the State of Colorado. She clarified 50 percent of the total is provided to municipalities with
a population of over 24 million, and the other 50 percent is split between CHFA, College Invest, and
several other bonding agencies. She stated each community with bonding authority has the option to
retain the bonds to issue for the purposes mentioned previously, to transfer to another entity, such as
CHFA, to issue the bonds to benefit the community, or, to carry the bonds forward. However, if the bonds
are carried forward, they may only be issued for a specific purpose, within a three-year timeframe, or the
bonding authority will be revoked. She clarified the funds, in the amount of$6.2 million, are not provided
through Weld County's Budget, rather, they are funds which are provided back to the community through
the issuance of the bonds. Further responding to Commissioner Rademacher, Ms. Harkin stated the
homes in foreclosure most often received financing from lenders such as CountryWide, and she clarified
CHFA purchases loans from participating lenders;however,there are strict guidelines for the lenders which
are allowed to be utilized through the program. She indicated CHFA purchases the loans from the lender,
the homeowner always receives a fixed rate loan, and approximately 97 percent of the homeowners also
receive the zero percent second mortgage, therefore,the program provides long-term, affordable options,
which help to protect the homeowner from predatory lending. In response to Commissioner Garcia,
Ms. Harkin stated the program is marketed within the community through participating lenders, including
ties with the Foreclosure Taskforce, and she indicated CHFA also tries to provide information at local fairs
and events. Further responding to Commissioner Garcia, Ms. Harkin stated first-time homeowners will be
Minutes, September 8, 2008 2008-2430
Page 4 BC0016
introduced to the program through homebuyer education classes, which presents information to help a
potential homebuyer determine whether they are ready to purchase a home. She further stated classes
also help to counsel potential buyers against predatory lenders and option products, and she indicated the
default rate has dropped since the classes have been made a requirement,and CHFA has not experienced
any of the spikes that large lenders have.
Responding to Chair Jerke, Mr. Warden indicated Weld County has provided private activity bonds to
approximately thirty business-related projects within the past, and clarified the companies have until
September of each year to provide a commitment, or the funds must be provided back to the State, or
utilized through another source, such as CHFA. He confirmed there have been no requests from
companies this year, and one company, Premium Meats, contacted him late last week; however, the
property transfer will not be completed in time, and if the project materializes, the company may proceed
through the State. Ms. Harkin clarified communities may write an assignment agreement to CHFA to be
utilized for a specific company, or, single family mortgage revenue bond use, which will be held for up to
two years for either purpose. Further responding to Chair Jerke, Mr. Warden confirmed renewable
amounts are received on a yearly basis, and the City of Greeley receives a separate allocation as well.
Ms. Harkin encouraged the Board to keep the option open for next year to marry the private activity bond
with a large project. Chair Jerke indicated the program provides outstanding opportunity to provide
low-interest rates for citizens which are ready to purchase a home for the first time. He indicated the
employment within Weld County continues to grow,and the abundance of homes at a lower price presents
benefits. Ms. Harkin confirmed CHFA is able to continue to operate without conducting business with
Fannie Mae or Freddie Mac. Commissioner Rademacher moved to approve said assignment. Seconded
by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER ZONING PERMIT FOR A COMMERCIAL VEHICLE, ZPCV #0027 - MICHAEL AND
CHARMAINE KASPERBAUER: Wendi Inloes, Department of Planning Services, stated the property is
located within NorthmoorAcres,south of and adjacent to County Road 42,and approximately one-half mile
west of County Road 13. She stated the property is zoned A (Agricultural) and is 1.5 acres in size. She
clarified the permit request must be considered by the Board due to opposition to the request, of which 34
percent of the surrounding property owners oppose,which exceeds the limit of 30 percent. She stated the
Department of Planning Services recommends approval of the application,as all requirements listed within
Section 23-4-950 have been met. She indicated Northmoor Acres has an active Homeowners'Association
(HOA) which originally opposed the application; however, the HOA has since modified the Covenants to
now allow commercial vehicles defined as less than 26,000 pounds gross vehicle weight,with a single rear
axle. She clarified the HOA has provided approval criteria for specific vehicles, therefore, it will be difficult
for staff to enforce regulations within the subdivision. She stated the property is currently in violation;
however, the violation has not yet been presented to the Board. At the request of Chair Jerke, Mr. Barker
informed the applicants that since only four Commissioners are present today, they have the option of
continuing the matter to a date when the full Board will be present. However, if they decide to proceed
today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen
to the record and make the determining vote. Michael Kasperbauer, applicant, indicated he would like to
proceed today.
In response to Commissioner Rademacher, Ms. Inloes indicated the applicant was required to apply for
the permit due to the violation, and she confirmed the applicant has finished the requirements placed
before them; however, surrounding property owners are expressing objection to the permit. Further
responding to Commissioner Rademacher, Ms. Inloes confirmed the HOA has amended the Covenants
to now allow this type of vehicle to be parked within the subdivision; however,the amended Covenants may
present future problems since the Weld County Code does not allow the same specifications for vehicles.
Responding to Commissioner Long, Mr. Barker indicated the Board must adhere to the standards of the
Minutes, September 8, 2008 2008-2430
Page 5 BC0016
Weld County Code,therefore,a vehicle within the Code's limitations could be allowed within a subdivision;
however, if an HOA adopts stricter limitations, the vehicle may be prohibited within that subdivision.
Mr. Kasperbauer stated he has lived within the subdivision for over 2.5 years, and he recently started
working for Cornwall Tools. He indicated the President of the HOA Board suggested the new limits for
commercial vehicles within the subdivision based upon the size of the truck. He indicated thirty-four
percent of the surrounding property owners were previously in opposition to the request;however,the HOA
Board has rescinded its opposition, as well as several surrounding property owners. Ms. Kasperbauer
clarified two surrounding property owners remain in opposition. Mr. Kasperbauer indicated the HOA
Covenants did not previously mention any regulations regarding commercial vehicles before he submitted
his application to the County. He clarified he does not conduct business operations from his residence;
the vehicle is simply a company vehicle which he parks at the residence overnight. Responding to
Commissioner Rademacher, Ms. Inloes stated the subdivision contains a total of 29 property owners within
500 feet of the applicant's property, and ten owners were originally in opposition to the request, therefore,
the application must be considered by the Board in order to be consistent. Further responding to
Commissioner Rademacher, Ms. Inloes confirmed she has received a letter from the HOA confirming
amendment to the Covenants. Mr. Kasperbauer explained the HOA originally did not take a stance
regarding the vehicle; however, due the opposition expressed by the neighbors, the HOA decided to
amend the Covenants, and over 25 property owners within the subdivision were affected by the
amendment. He stated the HOA indicated it amended the Covenants to protect the subdivision, since
there are several commercial vehicles parked within the subdivision. No public testimony was provided
concerning the matter.
Mr. Kasperbauer requested that the permit be approved,since the vehicle is essential to his job duties,and
he explained that with the additional letters of support, there is now less than thirty percent opposition to
the application. (Clerk's Note: Ms. Kasperbauer provided copies of letters from surrounding property
owners for the Board, a majority of which were already a part of the file; however, letters from three
surrounding property owners were added to the file, marked Exhibits A, B, and C.) Responding to Chair
Jerke, Ms. Inloes confirmed the concerns expressed by the surrounding property owners are included in
the file as referral comments. In response to Chair Jerke, Mr. Kasperbauer indicated the HOA determined
that he was not in violation of any of the Covenants, since the Covenants did not contain vehicle
restrictions before they were amended. Further responding to Chair Jerke, Ms. Kasperbauer indicated the
updated letters from the HOA Board were sent directly to Ms. Inloes,therefore,she does not have a signed
letter. In response to Commissioner Rademacher, Ms. Inloes indicated she is not sure if the amended
Covenants have been recorded; however, she confirmed the file does contain a signed letter from the HOA
Board. Chair Jerke indicated the Board is spending extra time on the matter, since it is important to seek
out clarification in order to follow the permit process correctly.
Commissioner Rademacher indicated it is appropriate for the Board to concur with the HOA's intent for the
subdivision, even though he is concerned with the weight limitation adopted within the Covenants. He
clarified he has been in the subdivision and there are many vehicles parked within the subdivision with
company names and logos,which is not unusual for subdivisions. He understands the tool truck is a larger
size; however, he supports approval of the application.
Commissioner Garcia indicated his concerns have been alleviated, since the HOA has adopted an
amendment to the Covenants. He indicated some of the neighbors comments included noise concerns,
and he advised the applicant to continue to be a good neighbor. Commissioner Long indicated he supports
approval of the application.
Chair Jerke indicated he takes the opposition presented within a hearing into consideration; however, no
opposition was presented in person at today's hearing, and a letter from the HOA indicates it removes the
Minutes, September 8, 2008 2008-2430
Page 6 BC0016
previous objection. He further indicated his reluctance stems from the fact that he does not desire for
government to get over-involved and approve an action which is specifically opposed by a group of
homeowners. He stated if a group of people want a stricter set of standards, it is their perogative;
however, this issue has been reversed and the HOA is now in support, therefore, he supports the
application.
Commissioner Garcia moved to approve said zoning permit. Seconded by Commissioner Long,the motion
carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-8, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTERS 2 ADMINISTRATION, 23 ZONING, 24
SUBDIVISIONS, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read Ordinance#2008-8 by title only. Seconded by Commissioner
Long,the motion carried unanimously. Mr. Barker read said title into the record. Brad Mueller, Department
of Planning Services, gave a brief synopsis of the history for this Ordinance, and indicated no changes
have been made since the second reading. In response to Commissioner Rademacher, Mr. Mueller stated
the text of the Ordinance is posted on the County website by the Clerk to the Board staff,and he confirmed
planning staff did provide notice of the Ordinance to developers, consultants, and interested parties which
were generally involved within the early discussions regarding necessary Code changes. He clarified
several have asked for a copy of the proposed changes; however, no specific suggestions or comments
have been provided during the Ordinance process. Commissioner Rademacher confirmed there have not
been any members of the public voicing concerns at the previous hearings.
Robert Spencer, representative for Anadarko Petroleum and Kerr-McGee Oil and Gas OnShore, LP,stated
the proposed changes directly affect the oil and gas industry, and as a responsible operator with over
1,000 employees, Anadarko is committed to balance the production of energy resources while protecting
the environment and public health within communities. He indicated a majority of the natural gas produced
by Anadarko within the Wattenburg field stays within municipalities along the Front Range, and the field
will continue to produce for a long time. He expressed his appreciation to staff for creating a cooperative
relationship with oil and gas companies. Commissioner Rademacher moved to approve
Ordinance#2008-8 on final reading. Seconded by Commissioner Garcia,the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-8 was approved on final reading.
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 8, 2008 2008-2430
Page 7 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
��` WELD COUNTY, COLORADO
ca
ATTEST: William H. Jerke, Chair
Weld County Clerk to the Boa• G 151viirie�'�1
east � EXCUSED
Robert D. Masden,; o-Tem
De" ty Cle 'to the Boar"
W m . Garcia
David E. Long
ouglas ademacher � y
Minutes, September 8, 2008 2008-2430
Page 8 BC0016
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