HomeMy WebLinkAbout20062624.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 18, 2006
TAPE #2006-33
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 18, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 13, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on September 12, 2006 as follows: 1) Violation Hearings; and on September 13, 2006, as
follows: 1) USR #1493 - Copart, Inc./Stephan Brancucci, do Glen Droegemueller. Commissioner
Masden 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 Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-2624
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $597,133.54
Electronic Transfers - All Funds $1,637.57
CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START BASIC TRAINING AND
TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of
Human Services, stated the grant is for the Migrant/Seasonal Head Start Program for the next fiscal year
and is set for the same amount as the previous year because there is not yet a current budget figure.
Commissioner Long moved to approve said grant. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM
SERVICES AND AUTHORIZE CHAIR TO SIGN - JEAN MCCARTHY: Mr. Speckman stated the
agreement is for an ophthalmologist who will provide vision screenings, referrals, and follow up, for the
children in the Head Start Program. Commissioner Jerke moved to approve said agreement. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN-ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J: Mr. Speckman stated the agreement
is for the Frederick Head Start Center to provide breakfast, lunch, and snacks for the children in the Head
Start Program. Commissioner Long moved to approve said agreement. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 74 BETWEEN WCRS 27 AND 29: Frank Hempen, Jr.,
Director of Public Works, stated the closure is scheduled to commence October 2, 2006, through Oct 6,
2006,to replace a timber-box culvertwhich was built in the 1930's. He stated approximately 2,000 vehicles
travel the road each day. He stated since the water is not in the area at this time it is an opportune time
for the pre-emptive measure. Commissioner Jerke moved to approve said closure. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 16 AND AUTHORIZE CHAIR TO SIGN - KEVIN AND HEATHER WILLARD: Don Carroll,
Department of Public Works, stated the property is located about a mile north of Hudson. He stated there
are two parcels which utilize the section line along Weld County Road 16. He stated staff has contacted
the adjacent property owner, who has no objections, and there is 60-feet of right-of-way between the
sections, therefore, staff recommends approval. Commissioner Masden moved to approve said
agreement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT REGARDING THE POUDRE RIVER TRAIL AND
AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated this is essentially the same
agreement as was approved February of 1994, and amended in October of 1996. He stated the first
change is on page three, regarding Maintenance and Signage. He stated initially the agreement stated
each entity would be responsible for maintenance of a portion of the trail. He stated the Corridor Board
has taken over the entire trail maintenance,and each of the three involved entities, including Weld County,
Minutes, September 18, 2006 2006-2624
Page 2 BC0016
pays to cover one third of the maintenance cost. He stated the provision in Section 5 recognizes this
practice, and defines the areas of division. He stated the County used to be responsible for approximately
half of the trail maintenance, and the amount of trail maintenance the County will be responsible for has
diminished over time to approximately one third of the trail, as was anticipated. He stated the reduction
is due to some areas being annexed into the Cities of Windsor and Greeley. He stated the second
change is on page four, Section 6, regarding Public Art. He stated it does not require any County money,
it only recognizes the City has allocated funding to put art on the trail where deemed appropriate.
Mr. Warden stated regarding Section 5 on page three, the Board will be committing to paying one third of
the trail maintenance, regardless of annexation, for the duration of the agreement. He stated the cost for
next year will be $32,000.00, as specified in the 2007 budget. He further stated even if Windsor and
Greeley annex the entire trail, the County will continue to pay one third of the maintenance cost. In
response to Chair Geile, Mr. Warden stated we have $125,000.00 budgeted for trails. In response to
Commissioner Jerke, Mr. Barker stated the agreement is on a year to year basis, and there is no
established term. Mr. Warden stated the agreement can be cancelled at any time. In response to Chair
Geile, Mr. Barker stated he believes the Greeley City Council has free reign in regards to spending the one
percent of the budget designated for art projects, however, there may be an appeal process. Chair Geile
stated the Poudre River Trail Committee has worked on this for some time, and it makes sense to have
some type of approval process for the art being placed there. Mr. Barker stated the issue has been
addressed in the agreement, it states the Corridor Board is in charge of where the art is placed. He stated
the City of Greeley will not place art on the trail without regard to the Poudre River Trail Committee,
however, it does play a big part in the Corridor Board. Commissioner Jerke stated the agreement reads,
"The Corridor Board may recommend a site for the installation of such art in close proximity to City
boundaries." He stated the language in the agreement may provide too much wiggle room. He stated
other parties may recommend a site, and the Corridor Board is not the only party which may recommend
a site. He further stated "close proximity" is not defined, it could be 100 yards or three miles. He stated
the City has had controversy with regard to art projects and he does not want to involve the County with
the controversy. He stated the agreement language lacks clarity. Mr. Warden stated the matter is
scheduled for City Council meetings on September 19, 2006 and October 5,2006. He stated two actions
are necessary to follow protocol according to City Ordinance. Mr. Barker stated the County could advise
the City of its concerns, and request staff collaboration to discuss a resolution. In response to Mr.Warden,
CommissionerJerke stated the easiest way of handling the matter would be to not allow the proposed art
on un-annexed portions of the trail, or on portions outside of the City of Greeley jurisdiction. Mr. Warden
suggested the language could be altered to say, "such art in City boundaries". Commissioner Masden and
Mr. Barker concurred. Mr. Warden stated the Board will strike the words, "close proximity to", and the
agreement will read"such art in City boundaries". CommissionerJerke moved to approve said agreement
with modifications. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENT#2 TO VOTING SYSTEM AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
DIEBOLD ELECTION SYSTEMS, INC.: Mr. Barker stated the Office of the Clerk and Recorder expressed
additional machines are needed for the voting centers. Mr. Warden stated the agreement is for fifty
additional machines, which will cost approximately$150,000.00. He stated based on previous numbers
of voters, the lines will be extremely long, particularly at the libraries,without the additional machines. He
further stated Steve Moreno, Clerk and Recorder, initially requested more machines, however, he
compromised on 50. In response to Chair Geile, Mr. Barker stated Diebold is involved in the lawsuit in
Jefferson County, and it could affect this agreement, however,there is a low probability of that happening.
He stated he spoke to Rudy Santos, Office of the Clerk and Recorder, this morning, and he is going to
testify in court about the County's security procedures, and he is confident the court will render the County
able to proceed with the security measures in place. In response to Chair Geile, Mr. Barker stated the
courts should make the decision by end of week. CommissionerJerke moved to approve said agreement.
Seconded by Commissioner Long, the motion carried unanimously.
Minutes, September 18, 2006 2006-2624
Page 3 BC0016
CONSIDER SMALL TRACT AGREEMENT FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN-GREAT WESTERN OIL AND GAS COMPANY, LLC: Mr. Barker stated the agreement is for a 1.21
acre property. He stated the tract is attributed to the County, and if a tract is under five acres, according
to Weld County Code, the bid process may be waived. He stated Great Western Oil and Gas Company,
LLC, has paid the requisite $212.10, and approval is recommended. Commissioner Masden moved to
approve said agreement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
KENDALL PRINTING: Mr.Warden stated Kendall Printing has requested tax incentives under Senate Bill
#90-118. He stated the company will be investing approximately $4.5 million, and creating 20 to 50 new
jobs, eleven of which have already been created, for operation of the printing presses. He stated the
County will be rebating taxes in the amount of $67,590.00 over a ten-year period. In response to
Commissioner Jerke, Mr. Warden stated this represents 50 percent of the personal property tax payable
to the County over the next ten years. Commissioner Long moved to approve said agreement. Seconded
by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER FOUR-LOT RECORDED EXEMPTION #4466 - GREG AND PATTY REEVES: Chris
Gathman, Department of Planning Services, stated the Recorded Exemption was conditionally approved
by the Department on August 18, 2006. He stated the applicants submitted a letter, marked Exhibit B,
opposing the requirements of Weld County School District RE-9. He stated on August 18,2006,Condition
4E was attached, which addressed the School District requirements. He stated the School District sent
a referral, dated June 27, 2006, requesting fees in the amount of $2,277.00. He stated the Recorded
Exemption will create three additional billable parcels, and the fee for each single family housing unit is
$759.00. He stated there is an existing house on Lot C, therefore, the proposed fee would not apply to
Lot C. He stated Lot D has an existing permit for a shooting range, and has an office, however, there is
not a family home on the Lot. He stated there are two additional proposed Lots,A and B,which will be off
of Weld County Road 33. He stated the applicant and their representative are present. In response to
Commissioner Jerke, Mr. Gathman stated the School District is requesting fees for Lots A, B, and D.
Further responding to Commissioner Jerke, Mr. Gathman stated A and B are small lots, each being five
acres or less, and Lot D consists of the rest of the property. He stated it is standard for School Districts
to request this type of fee for lots which have been created and not yet built on. Commissioner Masden
stated in the past School Districts have worked it out where applicants did not have to the pay the fee up
front. Mr. Gathman stated that type of agreement would need to be worked out between the applicant and
the School District, and itwould not involve the County. Doug Winshimer, represented the applicants,and
stated the applicants believe they addressed the School District's concerns in the letter they wrote,which
was required by the Department. He stated the applicants do not believe they should be required to pay
the fees, and would like to move ahead with the Recorded Exemption. In response to Chair Geile,
Mr. Winshimer stated the reason the applicants do not believe they should be required to pay the fees is
because in the Weld County Zoning Ordinance, under the Recorded Exemption process, in Section
24-8-10, it states a Recorded Exemption is exempt from the definition of subdivision or subdivided land,
and the letter from the School District refers to the property as subdivided land. Chair Geile stated the
County has been consistent in requiring other homes being built in the area to pay fees under these
circumstances and conditions. Mr. Winshimer stated under the subdivision rules, the School District is
allowed to collect the fees, however,the applicants do not feel they are in subdivision. He stated since the
applicants are not building any new houses, therefore, there will not be an impact on the School District.
He stated the fees may be applicable at a later time. Commissioner Masden asked if the client is willing
to work a deal out with the School District by paying the fees when a building permit is issued. He stated
after land is subdivided it may not be sold for 10 or 15 years, therefore, perhaps arrangements to pay the
School District fees later would be appropriate. He stated whenever a new house is built, there is an
impact on the School District. Greg Reeves, applicant, stated the Recorded Exemption states in the first
Minutes, September 18, 2006 2006-2624
Page 4 BC0016
paragraph that it is not to be considered a subdivision, therefore, he does not believe subdivision rules
apply to his property. Mr. Gathman stated there was an appeal by Greg and Patty Reeves in 2003 over
the same issue. In response to Commissioner Long, Mr. Gathman stated the appeal was approved by the
Board, and it was determined to be exempt from the subdivision rules; furthermore, the School District fee
was not an attached Condition of Approval. Mr. Barker stated he disagrees with the legal analysis. He
stated the exemption from the subdivision regulations exists because the Board created a procedure for
the purpose of the exemption, and the Board has the ability to set the conditions as deemed necessary.
He stated the Board does have the legal authority to require the School District fee, however, it is up to
Board whether its authority is applied in each situation. Commissioner Long stated he does agree with the
legal analysis in 2003, and there is a loophole in the process. Commissioner Jerke concurred with
Commissioner Long, and stated the loophole is that the County is unable to enforce fee collection on
behalf of another entity, which is the reason that in the past the County has allowed the exemption to
occur. He stated new home construction does create the need for additional school construction, however,
the Board does not have the legal right to enforce the School District fee. Commissioner Masden
concurred, and stated perhaps the Board needs to revisit the loophole. He further stated houses built
anywhere have an impact on the area School District. Chair Geile stated he does not agree with this
approach, and whenever new housing is built, the builder has an obligation to support the local School
District, especially in land mitigation issues. He stated State law, especially the Douglas County case,
established the precedent for land mitigation. Mr. Barker stated the Douglas County case dealt with
specific impact fees that were charged at the time building permits were issued, and the case opened up
the doors so those fees could be charged if it is in accordance with cash in-lieu. Chair Geile stated this
is a cash in lieu situation, and there is a tremendous amount of pressure on the School Districts to acquire
land on which to build schools. He stated it would be a problem to ask that the fee be included in the
contract when the property is sold since it puts the buyers in the position of relying on the seller to include
the information that the School District fee is required, and he will not support this. He stated, regardless
of past precedent, the Board has a responsibility to move ahead in the right manner,which is requiring the
impact fees. Commissioner Long stated he concurs there is an impact on the School District, however, it
is the timing of the fee collection being disconnected from the impact on the School District that is an issue,
and there needs to be a way to close the loophole. Commissioner Long moved to approve said exemption
and eliminate the condition of approval of cash in-lieu of land fees. Seconded by Commissioner Jerke,
the motion carried 3-1.
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 18, 2006 2006-2624
Page 5 BC0016
•
There being no further business, this meeting was adjourned at 9:45 a.m.
orsis"`,,... BOARD OF COUNTY COMMISSIONERS
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WELD CO NTY, COLORADO
ATTEST: dude '(/� .* e>
Ill �� If MS M. eile, Chair
Weld County Clerk to the Boar. k' ,
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,�y/l' �( N :re David E. Long, Pro-Tern
BY: t�I _Vl Lt�t 'S S
Deput Clerk t he Board 'L 1.
W m H. Jerke
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, September 18, 2006 2006-2624
Page 6 BC0016
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