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HomeMy WebLinkAbout20152157.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 20, 2015 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, July 20, 2015, 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: Barbara Kirkmeyer,Commissionery , Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of July 20, 2015, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. el CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on July 15, 2015, as follows: 1) USR15-0020 - Wade and Deland Castor, do Whiting Oil and Gas, and 2) USR15-0021 - RJM Land Company, do Whiting Oil and Gas. Commissioner Cozad seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. ID CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Cozad seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. HEALTH OLD BUSINESS: 1) CONSIDER SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON (CON'T FROM 7/13/2015): Deb Adamson, Department of Environmental Health, explained in the last hour staff reached a compliance agreement with conditions and would like to discontinue this matter. Steve Brent, Owner of Fullmoon Saloon, responded to Chair Kirkmeyer that Minutes, July 20, 2015 2015-2157 $/i3 Page 1 BC0016 he believed there were some miscommunications. He explained he felt he could come into compliance with the conditions. With direction from Bruce Barker, County Attorney, the Board decided it was best to dismiss the matter. Commissioner Conway moved to dismiss suspension of retail food license. Commissioner Freeman seconded the motion, and it carried unanimously. NEW BUSINESS: • 1) CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, HUMAN SERVICES DIVISION POLICIES AND PROCEDURES: Judy Griego, Director of Department of Human Services, requested a 1.7% increase of funds approved for Residential Child Care Facilities, Child Placement Agencies and Weld County Certified Foster Care/Kinship providers. Commissioner Moreno moved to approve said revisions to the operations manual. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 2) CONSIDER NINE (9) STANDARD FORMS OF AGREEMENTS FOR VARIOUS OUT-OF- HOME PLACEMENT AND FOSTER CARE SERVICES BETWEEN THE DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT WITH SAID FORMS: Ms. Griego explained the standard agreements update the templates used for out-of-home providers. Commissioner Freeman moved to approve said standard forms and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 3) CONSIDER CHRONIC DISEASE SELF-MANAGEMENT EDUCATION (CDSME) LICENSE HOLDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO AREA HEALTH EDUCATION CENTER: Ms. Griego presented the terms of the amendment to receive funds for additional participant completers. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. El 4) CONSIDER CHRONIC DISEASE SELF-MANAGEMENT EDUCATION (CDSME) LICENSE HOLDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CONSORTIUM FOR OLDER ADULT WELLNESS: Ms. Griego explained for staff to provide disease management, the County has to obtain a license. She recommends entering into an agreement with Consortium for Older Adult Wellness (COAW) to be under COAW offices for use of their license. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 5) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - EXPRESS SERVICES, INC: Ms. Griego presented the contract with Express Services, Inc. to provide experienced temporary employees while newly hired employees complete their training. Ms. Griego stated during the budget process there will be a discussion about hiring more employees. In response to Chair Kirkmeyer, she stated there will be no incentive funds next year. Chair Kirkmeyer expressed her frustration about a State of Colorado decision. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. El 6) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - GREELEY TRANSITIONAL HOUSE: Ms. Griego stated this agreement is part of the stragetic plan and it is for the homeless shelter. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously. Minutes, July 20, 2015 2015-2157 Page 2 BC0016 • 7) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - A WOMAN'S PLACE: Ms. Griego explained the terms of the agreement for use of Community Services Block Grant funds for homeless services through A Woman's Place. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. • 8) CONSIDER SUBSTANCE ABUSE TREATMENT SERVICES AGREEMENT FOR CHILD WELFARE CLIENTS AND AUTHORIZE CHAIR TO SIGN - SIGNAL BEHAVIORAL HEALTH NETWORK: Ms. Griego presented the agreement for the County to substance abuse treatment sevices for child welfare families. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. 9) CONSIDER DECLARATION OF DISASTER EMERGENCY AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS: Bruce Barker, County Attorney, explained declaration is the last of the three documents that need to be signed to receive disaster relief funds due to Spring flooding. Commissioner Conway moved to approve said declaration. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 10) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (2012) - NORWEST PUBLISHING COMPANY, NKA RR DONNELLEY AND SONS COMPANY, C/O DYCO DIVERSIFIED, INC: Brenda Dones, Weld County Assessor's Office explained the information used for the values came from January, 2009, through June 30, 2010 and by law the Assessor's Office is not permitted to use information subsequent to that date. The current value for the commercial property is $8,546,370,000.00. Wade Melies, Assessors Office, presented the property details saying it is a large publishing facility with two buildings located on the parcel. The cost approach was considered but not used but there are three comparable sales used for the market value approach. He gave the locations and specifics of each location in relation to the subject property. Ms. Dones responded to Commissioner Moreno's question about what year the data is based from. = Mark Dyson, representative for RR Donnelley, explained this building was built for heavy manufacturing of telephone books and it was constructed around the raw paper being delivered by rail. He expressed that this building's design is out dated. It was then put on the market for $10.7 million dollars. After three years on the market the property was sold for $4.4 million. The new buyer can only utilize 50% of the property. Commissioner Freeman asked Mr. Dyson when the sale took place and clarified it took place in early 2014. Mr. Dyson presented the comparable sales that occurred in the same time period. Mr. Melies responded to Commissioner Conway's inquiry about the comparables located in Denver and Pubelo and how this approach was used to come up with the value. He mentioned, considering the size of the building, dynamics and the unquiness of the property, it was necessary to locate comparables throughout the entire Front Range. Mr. Dyson iterated the property can no longer be used for what it was designed for and believes it's value is half of what the Assessor is saying. Commissioner Conway added the Assessor has been fair to the petitioner and used comparables in Fort Collins during the 2009 tax year. Commissioner Conway moved to deny the petition for the abatement of taxes. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Cozad stated she apperciates the fact that Mr. Dyson presented the recent sale, unfortunately it can't be used in this process because it takes place outside of the collection period. • 11) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (2013) - NORWEST PUBLISHING COMPANY, NKA RR DONNELLEY AND SONS COMPANY, C/O DYCO DIVERSIFIED, INC: Ms. Dones made known the data collection period is from January 1, 2011, through June 30, Minutes, July 20, 2015 2015-2157 Page 3 BC0016 2012, but the Assessor will take data five years back. Mr. Melies explained the building stayed the same during this time and presented the comparables with the specifics. In response to Commissioner Conway's question, Mr. Melies stated staff evaluated the property during the data period and took many factors into consideration. Ms. Dones iriterated the property was listed for $10 million with rail access. Mr. Dyson gave details of his comparables and expressed the rail service doesn't work for the use of the building anymore. He stated the property closing was made public knowledge in January, 2011, and the property wasn't in use on the critical date. Commissioner Conway inquired about the $10 million listing price. Commissioner Moreno moved to deny the petition for abatement or refund of taxes. Commissioner Cozad seconded the motion, and it carried unanimously. Commissioner Conway stated the Assessor's Office comparables were fair. Commissioner Freeman added it is difficult to find something comparable, but he is in support of the motion to deny. Chair Kirkmeyer mentioned that the Assessor did a great job at being fair. 12) CONSIDER CANCELLATION OF CERTAIN OUTSTANDING ACCOUNTS RECEIVABLE FOR WELD COUNTY TREASURER - PERSONAL PROPERTY, MOBILE HOMES, AND POSSESSORY INTEREST TAXES: John Lefebrve, Weld County Treasurer, said according to Statue 39-10-114 (2) once a year he is able to present the Board the accounts staff deems to be uncollectable. This year the amount is $66,513.05, which represents about 1/100 of 1% of what staff normally collects. The write off list contains the property and the reason taxes can't be collected. He stated most mobile homes are either destroyed or gone and the other part of the list are companies that have gone out of business. Mr. Lefebrve detailed the process of writing off property taxes, and explained the County is a nonwilling creditor. Commissioner Conway moved to approve said cancellation of certain outstanding accounts. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 13) CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE AND DISPOSAL TERMS AND AUTHORIZE CHAIR TO SIGN - GREELEY POLICE DEPARTMENT: Alan Caldwell, Sheriff's Office, stated this memorandum of understanding will allow the Weld County Sheriff deputies to remain members of the City of Greeley Bomb Team. Commissioner Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. 14) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE-3J: Mr. Caldwell presented the agreement stating that the current agreement expires December 31, 2015, so this agreement will be conducive to the school year. This has become an issue when the Sheriff's Office needs to change the rates. Mr. Caldwell responded to Chair Kirkmeyer stating the Sheriff's Office pays for the training and he wasn't sure how much that training cost. Barb Connolly, explained the invoice will be sent at the beginning of the month, after the officer's hours are established. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. 15) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE DONATION OF SAME TO UNIVERSITY OF NORTHERN COLORADO, AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS: Ron Arndt, Regional Crime Lab, stated in 2002, the lab received a grant to purchase a GCMS, unfortunately it has lost some of its sensitivity to detect trace amount of drugs. Mr. Arndt requested that the Board approve the donation to University of Northern Colorado. Commissioner Cozad moved to declare said equipment as surplus and approve the donation to UNC. Commissioner Moreno seconded the motion, and it carried unanimously. Minutes, July 20, 2015 2015-2157 Page 4 BC0016 • 16) CONSIDER JOINT MUTUAL ASSISTANCE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ADAMS COUNTY COMMUNICATIONS CENTER, INC: Mike Wallace, Director of Public Safety Comunications, presented the agreement between Weld County and Adams County Communications Center, Inc., stating it will allow the two organizations to share resources in emergency situations, such as a large scale disaster, or an operational element. It would also allow them to share personnel and recoup funds. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 17) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION TOWER (3105 35TH AVENUE) AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Mr. Wallace stated the agreement is to document the City of Greeley using the tower on 35th Avenue. The City of Greeley has been using this tower for the last seven years. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. 18) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF COMMUNICATION TOWER (2760 131ST AVENUE) AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Mr. Wallace, explained this is similar to the previous agreement but instead it is for Weld County to use space on the Greeley Water Tower. There is no cost associated with the use. Commissioner Freeman moved to approve said intergovernmental agreement and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. ID 19) CONSIDER AGREEMENT FOR USE OF PROPERTY AND AUTHORIZE CHAIR TO SIGN — RMLEA: Commissioner Cozad stated this retroactively covers the use of the parking lot during the Stampede. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 20) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST: Tina Booton, Division of Weed and Pest, stated under the Colorado Weed Management Act, she must seek approval to carry out weed management on properties. At the request of Commissioner Cozad, Ms. Booton explained the process of contacting the landowners Commissioner Moreno moved to approve said entry upon various lands. Commissioner Freeman seconded the motion, and it carried unanimously. 21) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE AND/OR USE OF IRRIGATION AND FARMING RELATED STRUCTURES WITHIN CR 47 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - WAKE, LLLP: Rich Hastings, Department of Public Works, outlined the terms of the agreement, which will allow the property owner to maintain farm equipment and irrigation equipment. Commissioner Conway moved to approve said nonexclusive license agreement and authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously. CI 22) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 60.5 AND 62: Janet Lundquist, Department of Public Works, presented the terms of the closure effective July 24, 2015, through August 24, 2015, and stated it is for roadway construction on the Parkway Project. Commissioner Conway advised Ms. Lundquist to meet with Airport officials to inform them about the construction so they can notify the tenants at the airport. The motion, to approve said temporary closure, which was made by Commissioner Cozad, and seconded by Commissioner Moreno, carried unanimously. Minutes, July 20, 2015 2015-2157 Page 5 BC0016 • 23) CONSIDER APPEAL OF THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS TO DENY AN ACCESS PERMIT - WILLITS COMPANY, INC., C/O BOB WILLITS: Ms. Lundquist made known the orginal Recorded Exemption owner was Bob Willits but there was a sale since this appeal was submitted and the owner is actually Gerrard Investments. She explained the reasons staff denied the permit because the applicant is requesting an additional access located along an artiel roadway, and it doesn't meet spacing requirements. la Patrick Groom, representative of Nathan Gerrard Investments, LLC, said on the Recorded Exemption plat there is only one permitted access and believes the second access was created by the owner without prior approval. The access that is located on the property line is a shared access; however, the owner of Lot B closed off the access so it is no longer an access between Lot A and Lot B. Mr. Groom stated the third access off of County Road 56 is an oil and gas access used exclusively by K.P. Kaufman pursuant to the surface agreement, the owner is unable to use this access. = Commissioner Cozad asked for clarification in applying for a Special Use Permit, and stated this needs to be reviewed as access to this parcel. Mr. Groom pointed out an additional access is on the plat for future residential access, although not commercial, and he stated the reason for the appeal is to make sure the property will work for Gerrard purposes. Gerrard needs to have another access because of the trucks coming in and out, and employees cars coming in and out could pose a problem for the exisiting resident. Commissioner Freeman asked whether the applicant will buy the property if they are denied the access on County Road 13. = Ms. Lundquist stated. the contract is conditional on approval of the USR. The Platt displays one access and it shows agricultural and residential access. Bruce Barker, County Attorney, explained to the Board about the nature of the "grandfathered" clause. Commissioner Conway suggested the Board grant the access, stating the industrial access could be mitigated during the USR process. Ms. Lundquist reported that once a residential access is applied for, is not a difficult process to change it to a commercial access, and she stated it is the best location for a commercial access. Commissioner Cozad moved to grant the appeal of and authorize approval of a commercial access conditional upon the approval of a USR permit, otherwise the access would be for agricultural and/or residential only. Seconded by Commissioner Conway, the motion carried unanimously. = Chair Kirkmeyer suggested staff add a condition to the permit so the access is not used by oil and gas traffic and Mr. Barker gave the language suggestion for the Resolution. • 24) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - THE FORT 21, LTD., DBA THE FORT 21: Brad Yatabe, Assistant County Attorney, reported there are no reported issues concerning this application. Commissioner Conway moved to approve said renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 25) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - VIPER 2, INC., DBA BORDERLINE: Mr. Yatabe explained staff has no objections to renewing this license and there are no management changes. Commissioner Freeman moved to approve said renewal application and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. • 26) CONSIDER CORRECTION TO SIX (6) OIL AND GAS LEASE TERMS AND AUTHORIZE CHAIR TO SIGN - GRIZZLY PETROLEUM COMPANY, LLC: Esther Gesick, Clerk to the Board, stated this is for corrections to six (6) lease terms. Commissioner Moreno moved to approve correction to six (6) Oil and Gas Lease terms and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. Minutes, July 20, 2015 2015-2157 Page 6 BC0016 PLANNING: El 1) FINAL READING OF CODE ORDINANCE #2015-7, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-7 by title only. Seconded by Commissioner Moreno, the motion carried unanimously. Michelle Martin, Department of Planning Services, reviewed the changes and explained the one major change was the addition of the mineral statement otherwise the other changes were just "clean-up." No public input was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2015-7 on Final reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 2) FINAL READING OF CODE ORDINANCE #2015-8, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-8 by title only. The motion was seconded by Commissioner Freeman, and it carried unanimously. Ms. Martin stated the intent of the changes to the antenna and tower sections were to make it more comprehensive and flexible for the planners. She said there were no changes from the Second to the Final Reading. No public input was offered concerning this matter. Commissioner Conway moved to approve Code Ordinance #2015-8 as presented for final reading. The motion, which was seconded by Commissioner Cozad, carried unanimously. ID 3) FINAL READING OF CODE ORDINANCE #2015-9, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Commissioner Cozad moved to read Code Ordinance #2015-9 by title only. Seconded by Commissioner Moreno, the motion carried unanimously. Ms. Martin explained the changes were updated to add clarification for all users. No public input was offered concerning this matter. Commissioner Cozad moved to approve Code Ordinance #2015-9 on Final Reading. The motion was seconded by Commissioner Conway, and it carried unanimously. 4) FINAL READING OF CODE ORDINANCE #2015-10, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2015-10 by title only. The motion was seconded by Commissioner Conway, and it carried unanimously. Ms. Martin presented the changes which will allow for commercial and industrial PUD's within the Larimar Aquifer and allow it the ability to have a 100-year water supply. Craig Harrison, Founder of the Niobrara Data Center Energy Park, stated he is available to answer questions about the Code change. Mr. Harrison responded to Commissioner Conway's question expressing he has learned a tremendous amount about underground water and the 100 year supply during this project and appericates the Board's hard work and commitment to these changes. Commissioner Conway moved to approve Code Ordinance #2015-10 as presented for Final reading. The motion, which was seconded by Commissioner Moreno, carried unanimously. Minutes, July 20, 2015 2015-2157 Page 7 BC0016 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2015-7, #2015-8, #2015-9, and #2015, were approved on Final Reading. 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 11:13 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: •� dithev arbara Kirkmeyer,,Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem a De * Clerk to the B and 404,` ,� 14,�dean P. Conway trt 1,w e Cozad u► %ft. / , u"Siteve Moreno ` Minutes, July 20, 2015 2015-2157 Page 8 BC0016 N J V V) ` ).• W� H Nj u 11, yk `';V s• .t N IW I..-�. V) IL c ,1 4, ..71 / 0 � R v,.... ..71 a Q Z .� ` tr Q' : \ W 3 gcl -?..- / ' $ �v 7 Q v J 3 4 c- �� 1-- �� 0 In v L 4 i d J J l'' m 17 LLI i3 1 Li) j-- , 1 , -� �� ? 1 Hello