HomeMy WebLinkAbout20063194.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 20, 2006
TAPE #2006-40
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, November 20, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of November 15, 2006, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on November 14, 2006: 1)Violation Hearings; and on November 15, 2006, as follows: 1) USR
#1570 - Petro-Canada Resources (USA) Inc., do Todd Hodges Design, LLC; 2) PZ#1114 - Pyrenees
Properties, LLC, do Todd Hodges Design, LLC; 3)AmMJF#1119-Charles and Phyllis Nelson, and Gary
Wiedeman; 4) AMUSR #1508 - Longmont Broadcasting, LLC, Go The Bell 5 Land Company.
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 Vaad 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.
2006-3194
BC0016
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $299,702.35
Commissioner Jerke moved to approve the warrants as presented by Ms. Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 40.5 AT WCR 3; ON WCR
40.5 BETWEEN WCRS 3 AND 5; AND ON WCR 5 BETWEEN STATE HIGHWAY 56 AND WCR 40.5
(CON'T FROM 11/15/06): Scot Lewis, Department of Public Works, stated there are vertical curves and
sags which have been introduced into Weld County Road 5 in order to avoid a drainage way; therefore,
a speed reduction to 45 Miles Per Hour is proposed for Weld County Roads 5 and 40.5. Commissioner
Vaad stated he attended a meeting with citizens of the area several years ago and concerns were
expressed regarding the T intersection of Weld County Roads 5 and 40.5. In response to Commissioner
Vaad, Mr. Lewis stated the vertical sight distance is adequate, and that it makes sense to have a stop sign
located on Weld County Road 40.5 for eastbound traffic entering onto Weld County Road 5.
Commissioner Vaad moved to approve said traffic control devices. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF PORTIONS OF WELD COUNTY ROADS -
WELLS RANCH, LLLP (CON'T FROM 11/15/06): Don Carroll, Department of Public Works, stated the
item was continued to allow for a representative of Wells Ranch, LLLP, to attend. Bruce Barker, County
Attorney, stated he misunderstood the continuation date, and he had believed it was continued to
November 22, 2006; therefore, he had not presented the correct information to the petitioner.
Commissioner Masden moved to continue the matterto November22,2006, Seconded by Commissioner
Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MEALS AND SERVICES AND AUTHORIZE
CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT 6: Walt Speckman, Director of Human Services,
stated the contract provides food for breakfast, lunch, and afternoon snacks for the Head Start Program.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER FOUR YEAR AREA PLAN FOR WELD COUNTY AREA AGENCY ON AGING AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is the Four Year Plan for 2007 through 2011,
and staff recommends approval. In response to Commissioner Vaad, Mr. Speckman stated the issues the
Department is addressing are similarto the issues which became salient through the University of Northern
Colorado analysis conducted several years ago. He stated due to a lack of resources, the Department is
not able to address all of the issues identified in the course of the study. In response to Commissioner
Vaad, Mr. Speckman stated the plan becomes the basis for grant application. Further responding to
Commissioner Vaad, Mr. Speckman stated Elder Care is a service, and is not a part of case management.
Commissioner Vaad moved to approve said plan and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR EMPLOYMENT OF EXECUTIVE DIRECTOR AND AUTHORIZE CHAIR
TO SIGN - WELD COUNTY INTERAGENCY OVERSIGHT GROUP: Mr. Barker stated the director will
be responsible for organizing duties and activities and will be employed by agreement through the County
on a year-to-year basis. He further stated the position will be considered part-time. Commissioner Long
stated the agreement allows the County to be the fiscal agent for the program. He stated the money is
Minutes, November 20, 2006 2006-3194
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collected from multiple agencies, some of which are County departments, including Human Services,
Social Services, and the Department of Public Health and Environment. In response to Chair Geile,
Commissioner Long stated the$432,000.00 discussed at a previous meeting is reinvestment money, and
the salary for the director position will not come from those funds. In response to Commissioner Jerke,
Commissioner Long stated the name of the individual who will serve as the executive director of the
Interagency Oversight Group is Kelly Schram. He further stated Jacqueline Johnson has been contracted
to be the intermediary facilitator and will work with Mr. Schram through the end of the year. In response
to CommissionerJerke, Mr. Barker stated the agreement is forthe purpose of establishing the relationship
between the County and the executive director, and it will not contain Mr. Schram's name since the
agreementwill remain a County document,regardless of the individual in the position. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER RESOLUTION RE:ACCEPTING DONATION OF BURIAL SPACES AT SUNSET MEMORIAL
GARDENS FROM EDITH LEBSACK, NOW KNOWN AS EDITH WILLIAMSON: Mr. Barker stated the
donated burial spaces will be used for people who cannot afford burials and use of the spaces will be
facilitated through the Department of Social Services. Commissioner Jerke moved to approve said
Resolution. Seconded by Commissioner Masden, the motion carried unanimously. In response to Chair
Geile, Mr. Barker stated a letter of thanks needs to be sent.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR IMPROVEMENTS TO WCR 13 AND
AUTHORIZE CHAIR TO SIGN - BARBARA KIRKMEYER: Mr. Barker stated through the process of a
condemnation action, the County received appraisals, and an agreement was reached with Barbara
Kirkmeyer. He stated the roadway has been constructed and accepting the deed of dedication is the final
step. Commissioner Long moved to approve the acceptance of said Deed of Dedication and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING FEES AND SURCHARGES FOR
SOLID WASTE DISPOSAL SITES AND AUTHORIZE CHAIR TO SIGN - TOWN OF ERIE: Mr. Barker
stated the County had an agreement with the Town of Erie in which the County agreed to pay one-half of
the revenue generated by the Erie landfill surcharge. He stated the Town has subsequently annexed and
expanded the land fill;therefore,the Town believes it should receive the entire ten percent surcharge,and
terminated the agreement with the County in June of 2006. He stated the landfill company has placed the
surcharge funds in escrow since termination of the agreement. He stated the Town is taking the position,
since the landfill has been annexed, that the County ordinance and charter do not have affect, and he
believes what they are doing is fair given the additional costs the Town is incurring. He stated the landfill
inspection agreement states the Town of Erie will compensate the County for inspection costs, and he
believes this is a fair resolution. In response to Commissioner Jerke, Mr. Barker stated the offsets will
make up for the loss of the surcharge fees, for example, there have been increased fees applied to other
County landfills. In response to Chair Geile, Mr. Barker stated, specifically, the Buffalo Ridge Landfill's
fees have been increased. Commissioner Jerke moved to approve said agreements and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR LANDFILL INSPECTION AND SERVICES AND AUTHORIZE CHAIR TO
SIGN - TOWN OF ERIE: Based on previous discussion, Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Commissioner Masden secondeded the motion,which carried
unanimously.
CONSIDER AGREEMENT CONCERNING WIND MONITORING TOWERS AND FORM OF
COLLATERAL AND AUTHORIZE CHAIR TO SIGN - COMPETITIVE POWER VENTURES WIND
LARAMIE COUNTY, LLC: Chris Gathman, Department of Planning Services, stated the wind monitoring
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Page 3 BC0016
tower is 60 meters high, and is located just south of the Wyoming State line and is on the Terry Grazing
Association Ranch land. He stated the Department has no concerns with the agreement, since it states
the applicant shall complete a new Use by Special Review Permit application,which shall not be filed later
than April 1, 2007. He further stated the agreement states the tower must be dismantled and the site
returned to its original state if the Use by Special Review Permit is not granted. In response to Chair Geile,
Mr. Gathman stated the site location is in Weld County, and located roughly southeast of 1-25 and east of
the compressor station. Mr. Barker stated the agreement is identical to the agreement prepared for Green
Light Energy, and the collateral is also in the same amount. He stated Scott Osborn, representative of the
company, is present for questions, and surrounding property owners have been notified. In response to
Chair Geile, Mr. Osborn stated he is aware of the developments north of the Town of Chugwater; however,
those projects are not related to his company. He stated his company is working on only one other project
in the state,which is located near the Town of Ray. In further response to Chair Geile, Mr. Osborn stated
the company is conducting a study and researching the possibility of building a dedicated line through the
Union Pacific land which runs down near Ault. Chair Geile stated it makes sense to stay away from radio
feeds and tie into the network for continuity of service. Mr. Osborn stated he would prefer that as well;
however, transmission is a challenge and the company may not be able to use that method. There was
no public input. In response to Commissioner Jerke, Mr. Osborn stated the older wind farm site,which is
located nearby the site, was developed by his father; however, Xcel Energy will not share its operations
data, and the company needs at least one year of raw wind data. In response to Chair Geile, Mr. Osborn
stated there have been rumors about increasing the percentage of the renewable portfolio standard and
forcing other power companies to participate in the program. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN - OCTOBER, 2006: Commissioner Jerke moved to approve said
reports and certifications and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Long moved
to approve said appointments. Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER FOUR LOT RECORDED EXEMPTION #4524 - GREG AND PATTY REEVES: Hannah
Hippely, Department of Planning Services, entered a letter from School District RE-9, marked Exhibit A,
into the record. She stated the property is located northeast of the Town of Nunn, east of and adjacent
to Weld County Road 25, south of and adjacent to Weld County Road 110, and is Lot B of Recorded
Exemption#2226. She stated the application was conditionally approved on October20,2006; however,
the applicants are opposed to Condition of Approval #4.G regarding School District requirements. She
stated the School District is requesting a cash-in-lieu of land dedication, in the amount of $759.00 per
single family housing unit, and the applicant would be required to pay a total of$2,277.00 for the creation
of three additional single family lots. In response to Commissioner Vaad, Ms. Hippely stated the cash-in-
lieu is typically due prior to recording the plat. In further response to Commissioner Vaad, Ms. Hippely
stated the application generally goes to the School District, the fee is paid at the School District, and the
School District provides the Department with a letter. In response to Commissioner Masden, Mr. Barker
stated in previous cases the County has required that the applicants have an agreement with the local
school district. Doug Windshimer, representative of the applicant, stated the School Board denied the
applicants' request to waive the fees until a building permit is applied for. He stated the applicants do not
intend to build homes on any of the parcels. Commissioner Vaad stated Exhibit A appears to refuse
waiving the fee; however, it does not seem to refuse delaying the time at which the fee is due.
Mr. Windshimer stated the letter which he sent to the School District specified the waiver would be only
Minutes, November 20, 2006 2006-3194
Page 4 BC0016
until a building permit is applied for; therefore, there does not appear to be a miscommunication.
Mr. Barker stated there is a letter in the file stating the School District does not have the ability to monitor
when building permits are issued; therefore, the School District has addressed the issue. In response to
Chair Geile, Greg Reeves, applicant, stated the company has had four or five cases in which the Board
approved similar waivers. He stated he does not feel he has the obligation since the Recorded Exemption
rule states the subdivision rule will not apply and the impact fee applies to subdivision. He stated he desires
to abide by the law and has been a Weld County resident his entire life. In further response to Chair Geile,
Mr. Reeves stated he believes the methodology is flawed and that the impact fees are not applicable to
Recorded Exemptions. In response to CommissionerJerke, Mr. Reeves stated there were approximately
eighty students in his graduating class; however,the population in the area has declined. He stated there
are fewer students attending the school presently than when he attended;however,the School District has
purchased forty acres for expansion. There was no public input. Mr. Barker stated according to State
Statute,the County Commissioners have the authority to set rules regarding which land falls outside of the
subdivision rules. In response to Commissioner Jerke, Mr. Barker stated the money is only for acquiring
land on which School District buildings will be constructed. Chair Geile stated he is concerned about
consistency, and he would prefer to leave the interpretations of the school district's needs to its elected
officials. He stated it is important to the County that the land mitigation fee remain intact. Commissioner
Masden concurred with the need for consistency. He stated he would like to see a provision which states
the land mitigation fee is not required until the time of construction. Commissioner Vaad stated the school
districts have articulated they lack the means to track building permits. Mr. Barker reiterated the problem
in the past has been the school districts have no means to track the payment being made when the
building permit is issued. He recommended that in an agreement the payment be made to the County,
and to include a fee payment from the school district to the County for the purpose of performing collection.
He stated, however, for this instance the County is not set up to do this. Chair Geile stated if the Board
was to approve the Recorded Exemption with such a provision it does not prevent the applicant from
reaching another agreement with the School District. Commissioner Vaad suggested leaving Condition
of Approval#4.G, to include the subsequent fees. Commissioner Masden concurred with Commissioner
Vaad. He stated the applicant has satisfied the Condition of Approval by putting an effort forth to work with
the School District and it is the School District which is inflexible in its decision. Commissioner Vaad
moved to approve said Recorded Exemption,with Conditions of Approval, and the determination that the
communication with the School District was an effort to comply with Condition of Approval #4.G.
Commissioner Masden seconded the motion. Chair Geile stated he will not support the motion since he
does not believe the applicant has satisfied the Condition of Approval. He further stated there is an elected
school district body and he will not question the School District's interpretation of its needs. He stated
approving this Recorded Exemption will create additional tracking dilemmas in the future, which may be
cumbersome and costly. There being no further discussion, the motion passed four to one, with Chair
Geile in opposition.
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, November 20, 2006 2006-3194
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF CO NTY COMMISSIONERS
es` WELD COU , COLORADO
ATTEST: 4,4,0_, 74, -<�
I M. J. ile, Chair
Weld County Clerk to the Boar`l86l s.!
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Ike l , David E. Long, Pro-Tern
BY: 164 / Invl4' 7MJelr.
Dep Clerk the frd -, l7,_,w
Robert D. Masden
EXCUSED DATE OF APPROVAL
Glenn Vaad
Minutes, November 20, 2006 2006-3194
Page 6 BC0016
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