HomeMy WebLinkAbout20181876.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 18, 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, June 18, 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 -Tern
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 Freeman moved to approve the minutes of the Board of County
Commissioners meeting of June 13, 2018, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on June 13, 2018, as follows: 1) USR18-0015 - Sean and Annette Jaehn,
2) USR18-0026 — DCP Operating Company, LP, and 3) USR18-0027 — DCP Operating Company, LP.
Commissioner Conway seconded the motion, which carried unanimously.
▪ AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
• 1) UNIVERSITY BULLDOGS DAY - JUNE 18, 2018: Chair Moreno read the certificate recognizing
the first State baseball championship for University High School. Ryan Wehraman, Athletic Director,
stated the average G.P.A., for the team is 3.5, so the boys are well-rounded individuals. Casey Miller,
Head Baseball Coach, expressed his appreciation of the boys' hard work, their dedication and the
sacrifice of time away from their families. Grayson Swanson, Senior, stated he is extremely proud of the
hard work and leadership of the baseball team. He stated the win at the championship game was a
testament to their hard work and it is the first State championship win since 1997, for University High
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School. Commissioner Kirkmeyer recognized the parents for their dedication and support of the
University High School Baseball Team. Each Commissioner expressed their pride in the team for their
leadership and hard work on and off the field. (Clerk's Note: The Board paused the meeting for a photo
opportunity.)
PRESENTATIONS:
• 1) PRESENTATION OF THE FAIR BOOK BY WELD COUNTY FAIR ROYALTY: Madison LaBorde,
, Camy Seelhoff, and Molly Koslosky, Weld County Fair Royalty, presented the calendar of Fair events
and shows. They announced this will be the 100th year celebration of the Weld County Fair. Each of the
Commissioners thanked the Fair Royalty for their outstanding representation of Weld County and
expressed their appreciation for their leadership. They also extended their appreciation to Pat Kindvall
for her many years of volunteering her time to mentor and support the Fair Royalty. (Clerk's Note: The
meeting was paused for a photo opportunity.)
• PUBLIC INPUT: No public input was given.
BIDS:
1) PRESENT BID #61800125, OEM PREPAREDNESS GUIDE II (ENGLISH AND SPANISH) —
OFFICE OF EMERGENCY MANAGEMENT: Rob Turf, Department of Purchasing, reviewed the three
(3) bids received and stated staff will bring back a recommendation on July 2, 2018.
NEW BUSINESS:
• 1) CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE UNIT FUNDING AND
AUTHORIZE CHAIR TO SIGN - VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD:
Joann Holden, District Attorney's Office, reviewed the terms of the contract which will provide 11.4% of
the salaries and benefits for the Victim Witness Unit program. Commissioner Conway moved to approve
said contract and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it
carried unanimously.
• 2) CONSIDER CONTRACT ID #1905 TASK ORDER CONTRACT AMENDMENT #2 FOR PUBLIC
HEALTH EMERGENCY PREPAREDNESS AND RESPONSE CONTINUATION CONTRACT AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and
Environment, presented the details of the task order contract amendment. He stated this is to support
emergency response to protect the residents of Weld County against pandemics and to control the spread
of communicable diseases. Commissioner Cozad moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. In response to
Commissioner Conway, Dr. Wallace explained the human contact with rabies occurred in Weld County
and the Department of Public Health and Environment will notify others about the risk and the importance
of vaccinating small pets.
• 3) CONSIDER DONATION FOR MISSILE SITE CONCRETE PROJECT, APPROVE AGREEMENT
FOR CONSTRUCTION SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERSTATE HIGHWAY
CONSTRUCTION, INC.: Toby Taylor, Director of the Department of Buildings and Grounds, stated
Interstate Highway Construction, In., (IHC) has volunteered the labor and materials for the project.
Elizabeth Relford, Department of Public Works, explained IHC was looking for a community service
project and asked to donate to the Missile Site. Commissioner Conway moved to approve said agreement
for donation of construction services and authorize the Chair to sign, which was seconded by
Commissioner Freeman. Both Commissioner Cozad and Commissioner Kirkmeyer stated they are not in
support of the motion since it may be considered a conflict of interest. Chair Moreno stated the donation
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amount of the project is $50,000.00. After further discussion and upon a roll call vote, the dontion was
unanimously rejected and the motion failed.
4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NO.
R0840701 - BANK MIDWEST, N.A., COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH
BANK, N.A.: Brenda Dones, Deputy Assessor, presented the petition for abatement or refund of taxes
and stated the next three (3) items are bank properties. She stated staff adjusted the value to 50% owner
occupied and 50% leased office. She explained staff used the market and income approaches when
assessing the property. Ms. Dones stated she has adjusted the value to $135.00 a square foot and is
recommending a partial adjustment to $1,346,895.00 for tax years 2015 and 2016. Darla Jaramillo,
representative of Bank Midwest, N.A., Community Banks of Colorado, A Division of NBH Bank, N.A.,
stated it was 100% owner occupied, but the owner recently vacated 49% of the building. They had two
(2) leases, executed March 2014, for 941 square feet, at $12.00 a square foot, and June, 2014, for 1,318
square -feet at $14.00 a square foot. She further explained how the property is larger than the typical
bank, or office space, so it presents as a higher risk. She stated because of this, it was capped at 9.5%.
Ms. Jaramillo explained how they used the Income Approach to reach the value of $964,000.00 which
they requested. Ms. Dones explained how the lease rate is utilized and stated there are bank leases
which range from $16.67 to $20.00 a square foot and that is how the Assessor's Office discovered the
lease rate of $14.85. Ms. Jaramillo rebutted the information presented by the County Assessor's Office
and reviewed the comparable she used to come up with the value amount. El Ms. Dones stated the
date range goes back to 2009, the leases were in place when the data was collected and she feels
confident in the values. She further explained there may be a misunderstanding of interpretation of the
statute and she has come up with $135.00 per square foot. Commissioner Kirkmeyer moved to approve
partial abatement for tax years 2015 and 2016 as presented the Assessor's Office. The motion was
seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway thanked the
Assessor's Office for their hard work and research on this matter.
5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NO.
R2941304 - WELD COUNTY BANK, COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH
BANK, N.A.: Ms. Dones presented the petition for abatement or refund of taxes for tax years 2015 and
2016. She stated staff can go back to 2009 to gather relevant data. Ms. Dones stated this building is used
as a combination of a bank, an office, medical office and a restaurant. She explained they used the
Market Approach and Income Approach and have adjusted the value for location and recommended the
Board sustain the value at $2,921,100.00. Ms. Jaramillo presented the reasons she disagrees with staff
using the Market Approach and explained the Income Approach is the most reliable basis for valuing this
property. She stated there is a disagreement on what constitutes a long-term lease. In response to
Commissioner Cozad, Ms. Dones explained the rental rates and expenses of relocating the bank. She
stated the bank lease rate is higher than office space. Wade Meiles, Assessor's Office, explained how
he determined the Market Purchase Price. In response to Commissioner Cozad, Mr. Meiles stated the
building is unique and was built with the current facilities, which was considered while doing his analysis.
Ms. Jaramillo stated banks are going through a transition in their real estate outlook, and they don't
require the s ace they have in the past and believes the statement of a bank selling to another bank is
erroneous. El In response to Commissioner Kirkmeyer, Ms. Jaramillo stated the value for leasing dental
office space is about $12.00 per square foot. Mr. Melies stated the values for the dental office space are
from Comfort -Dental. Commissioner Cozad moved to approve the recommendation by staff and sustain
the value for tax years 2015 and 2016. Seconded by Commissioner Freeman, the motion carried
unanimously. Commissioner Cozad agreed with the Assessor's recommendation from the information
presented.
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6) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NO.
R1358002 - BANK MIDWEST, N.A., COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH
BANK N.A: Ms. Dones presented the adjustments using the Income and Market approaches and
recommended sustaining the value at $1,400,120.00, for tax years 2015 and 2016. Ms. Jaramillo stated
during the study period this building is owner occupied. Commissioner Freeman moved to sustain the
value as recommended by the Assessor's Office. The motion was seconded by Commissioner Conway,
and it carried unanimously.
el 7) CONSIDER APPOINTMENT OF ATTORNEY SCOTT GESSLER AS SPECIAL COUNSEL TO
PROVIDE LEGAL ADVICE TO AND REPRESENTATION OF THE WELD COUNTY CLERK AND
RECORDER REGARDING RECALL AFFIDAVIT, PROCESS AND PROCEDURES AND AUTHORIZE
CHAIR TO SIGN LETTER OF ENGAGEMENT: Commissioner Kirkmeyer recused herself from the vote.
Bruce Barker, County Attorney, stated Jed Scott has not signed the Letter of Engagement so the Board
will appoint Scott Gessler, as Special Council to provide legal advice to Karly Koppes, Clerk and
Recorder. Rudy Santos, Clerk and Recorder's Office, stated during a recall election process they don't
want to make mistakes. Mr. Barker explained Mr. Gessler will not bill for any work done prior to today.
Furthermore, when a Commissioner is being recalled it creates a conflict of interest for the County
Attorney and this is the reason for hiring outside legal counsel. Commissioner Freeman moved to approve
said appointment of Scott Gessler and authorize the Chair to sign the Letter of Engagement. The motion,
which was seconded by Commissioner Cozad, carried unanimously.
(Clerk's Note: The meeting was recessed at 10:35 a.m. and reconvened at 10:40 a.m.)
PLANNING:
1) CONSIDER RECORDED EXEMPTION, RECX18-0043 - THEA HORA: Angela Snyder,
Department of Planning Services, presented the request for a two (2) lot Recorded Exemption, which has
been split four (4) times previously. She displayed slides and photos detailing the property and gave a
brief presentation.
Thea Hora, resident of Kersey, stated she has owned the property for eighteen years and part of
her retirement plan was to sell off the north side of the property and build a home that is handicap
accessible. Ms. Hora explained the home has been a rental until recently, and she now has a buyer for
her house, so she can build a ranch style home on the new lot. She will need to sell off the other home
to meet her future plans. Commissioner Cozad confirmed that Ms. Hora will be able to get a new cap for
a well. Ms. Hora pointed to the locations of the accesses and stated currently there are two (2) accesses.
Ms. Hora stated she would be willing to share an access with Lot B. Commissioner Conway moved to
approve said Recorded Exemption, due to extenuating circumstances. The motion was seconded by
Commissioner Freeman, and it carried unanimously. Commissioner Cozad elaborated the extenuating
circumstance is to have a retirement home that is handicap accessible. Commissioner Kirkmeyer stated
she will support the motion, but the original intent of the Code was to assist the farm family to sell the
portion of their land, that they can no longer access to farm. She doesn't agree with the applicant that not
being aware of the Code change is an extenuating circumstance and stated the Board wants to
encourage harmonious growth.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 10:55 a.m.
ATTEST: d1) �• �C,lto��
Weld County Clerk to the Board
BY:
J2w
Deputy Clerk to the B
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
a� rbara Kirkmeyer 6ro-Tem
Sean P. Conway
Mike Freeman
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