HomeMy WebLinkAbout20182889.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 12, 2018
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 Administration
Building, Greeley, Colorado, September 12, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of September 10, 2018, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
• AMENDMENTS TO AGENDA: Commissioner Cozad moved to delete the following from New
Business: 4) Consider Second Amendment to Original Lease and to Sublease and authorize Chair to
sign — NCMC, Inc., and Banner Health. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously. In response to Commissioner Kirkmeyer, Bruce Barker, County Attorney, stated
there is a lease, but the County needs the building on May 1, 2019, so it is not necessary to sign the
second amendment. Mr. Barker suggested sending a letter from the Board notifying Banner and NCMC
they have until May 1, 2019, to vacate the building and, that they need to pay the delinquent lease to
make the lease current. Commissioner Cozad suggested meeting with NCMC about the delinquent rent
payments. Commissioner Conway agreed a letter be sent notifying Banner.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Bill Gillard, resident of Greeley, inquired about videotaping the County
Commissioners' Board meetings. Chair Moreno stated there has not been any discussion at this time.
BIDS:
tots Minutes, September 12, 2018
Page 1
2018-2889
BC0016
• 1) APPROVE BID #61800138, PATROL ALL -WHEEL DRIVE OR 4X4 SUV-PURSUIT RATED
(QTY 10) - SHERIFF'S OFFICE: Rob Turf, Department of Purchasing, presented the five (5) bids
received and stated staff recommends awarding to the low bidder, meeting specifications, AutoNation
Ford. Commissioner Kirkmeyer moved to approve said bid. The motion was seconded by Commissioner
Freeman, and it carried unanimously.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #2072 GRANT CLOSEOUT FOR VARIOUS WORKFORCE
INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAMS AND AUTHORIZE CHAIR TO SIGN:
Lennie Bottorff, Department of Human Services, reviewed the grant closeout report for various Workforce
Innovation Opportunity Act (WIOA) programs. He stated this report reflects that the Department of Human
Services has fulfilled its grant obligations. Commissioner Kirkmeyer moved to approve said closeout
report and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
• 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
R2569303 - MCR FARNSWORTH, LLC, C/O WALGREEN COMPANY: Chris Woodruff, Assessor,
presented the petition for abatement for tax year 2017 for property located on Main Street in Windsor.
He stated staff is recommending a partial adjustment with a refund of $1,587.77. In response to
Commissioner Conway, Mr. Woodruff stated the abatement for 2018 was resolved by the Board of
Equalization. Commissioner Cozad moved to approve, in -part, the petition for Abatement or Refund of
Taxes. The motion was seconded by Commissioner Conway, and it carried unanimously.
• 3) CONSIDER RECOMMENDATION TO REAPPOINT GEORGE HEATH TO GREELEY
HOUSING AUTHORITY BOARD: Commissioner Conway moved to approve said recommendation to
reappoint George Heath to the Greeley Housing Authority Board. The motion was seconded by
Commissioner Freeman, and it carried unanimously. Commissioner Cozad expressed her appreciation
to George Heath for being a dedicated public servant.
OLD BUSINESS:
• 1) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - LANCE RAUSCH (CONT'D FROM 8/8/2018):
Karin McDougal, Assistant County Attorney, presented a brief overview of the subject property and
timeline of the violations. She stated the Board recommended a continuance to allow the landowner to
clean up the property and allow time for his attorney to be present. Ms. McDougal stated she spoke with
Mr. Rausch's attorney and stated he is unable to be present due to a family emergency. Bethany Pascoe,
Zoning Compliance Officer, presented photos of the property and explained a statement from the
adjacent land owner who indicated the trash on his property is a spillover from the property in violation.
She stated a tent had been constructed, which will need to be permitted, and noticed an attempt was
made to add screening; however, the fencing materials need to be consistent. Ms. Pascoe reported there
hasn't been a pre -application submitted for a recycling facility and Mr. Rausch confirmed all the items on
the property belong to him. She stated there are multiple vehicles parked on the site, along with piles of
pond liner. She stated along the north property line there is a wood fence installed. Ms. Pascoe reported
the tenants of the camping trailers are gone and the Sheriff's Office has not had to visit the property.
Deputy Lisa Carpenter, Sheriff's Office, confirmed while doing a wellness check for the tenants living on
the she property, discovered the tenants no longer reside there. C Lance Rausch, property owner,
stated he has nothing to do with the property referenced in the photos where the trash is being dumped.
He clarified screening has been installed, which he believes effectively screens his property. He noted
he is doing his best to work with the County to bring his property into compliance. In response to
Minutes, September 12, 2018
Page 2
2018-2889
BC0016
Commissioner Conway, Mr. Rausch clarified slides #26 and #27 are not his property. Mr. Rausch stated
he doesn't know the people in the photos but believes Steven Bolter hired the people. He explained
Steven Bolter is associated with the Motel on East 18th Street and his brother, David Bolter, is the owner
of the adjacent property. El Fred Leavitt, adjacent property owner, stated he took the pictures, but it
was not on his property. He said there was illegal dumping of the trash, but it wasn't dumped by Mr.
Rausch. = In response to Commissioner Cozad, Ms. Pascoe stated the property is still not in
compliance. Ms. McDougal confirmed Mr. Rausch is also not in compliance with the stipulations agreed
to in court. Mr. Rausch stated he doesn't feel qualified to address this violation, but his attorney had a
family emergency and is not present today. He stated staff keeps coming up with new parameters and
stipulations with which he must comply. Mr. Rausch expressed his frustration that Ms. Pascoe didn't
accept his attempts at progress. Mr. Rausch reported he started screening his property two (2) years
ago, when he first received notice from the County. He explained Ms. Pascoe inspected the screening
and he thought he was in compliance with the County. Mr. Rausch stated he believes he has
demonstrated his willingness to work with the County and spent a lot of money to construct the screening.
Commissioner Cozad told him he has a commercial junkyard and he needs to have it permitted because
he is selling items. He stated these are his personal items and he is selling the pump liners for
Steven Bolter, but he is willing to tell Mr. Bolter to move the junk. Commissioner Conway confirmed the
fines have been imposed by the District Court and continue to accrue every day. Mr. Barker stated Mr.
Rausch had the opportunity to hire legal representation and the daily fines have been imposed by the
court since 2017, so his attorney should petition the court to modify the order. Mr. Rausch requested he
be allowed a reasonable amount of time to clean up the property. Commissioner Kirkmeyer presented
the timeline for the record and stated there is evidence of Mr. Rausch operating a commercial junkyard.
She explained the reason for today's hearing is to decide whether there is enough evidence to certify this
to the Treasurer. Commissioner Freeman confirmed Mr. Rausch's property is not in compliance and he
will support the motion. Commissioner Kirkmeyer moved to approve said certification to the Weld County
Treasurer of Zoning Violation penalties as special assessment. Seconded by Commissioner Cozad, the
motion carried unanimously. Commissioner Conway stated he is not in support of the motion because
of concerns with the process. Upon a roll call vote, the motion passed four to one, with Commissioner
Conway opposed. Commissioner Conway explained the reasons he is opposed to this motion and
suggested Mr. Rausch and his attorney work to modify the judgment which was ordered by the court and
get the property cleaned up. Commissioner Kirkmeyer clarified Mr. Barker was making recommendations
for the Commissioners.
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 Clerk to the Board.
Minutes, September 12, 2018
Page 3
2018-2889
BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifiA)
Weld County Clerk to the Board
Duty Clerk to the Board
arbara Kirkm
Mike Freeman
Minutes, September 12, 2018
Page 4
2018-2889
BC0016
ATTENDANCE LIST
NAME -
PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
;;�� )
I -t l
g1 ii lr_.,
1415a- Ate. nf
\4.11.1, ilard-. mA►L.c.,
40-FJ
ri<E/ tF/-I '
0 g 4/ �Ar
}/
Hello