HomeMy WebLinkAbout20143642.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 24, 2014
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, November 24, 2014, at the hour of 9:00 a.m.
El 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem — EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Assistant County Attorney, Bob Choate
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of November 19, 2014, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
*(Clerk's note: Commissioner Kirkmeyer present at 9:11 a.m.)
El CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on November 19, 2014, as follows: 1) USR14-0047 — Gerald and Lucille Reid;
2) USR14-0050 - Wade and Deland Castor, Go Noble Energy, Inc., and Wattenberg Holding, LLC.
Commissioner Freeman seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
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BIDS:
ID 1) APPROVE BID #B1400178, BRIDGE 42/29A CONCRETE WINGWALLS - DEPARTMENT
OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, said staff recommends the low bid
out of three, from Weld County Construction, Inc., in the amount of $30,500.00. Mike Bedell,
Department of Public Works, stated this project doesn't represent a trend of higher pricing, and noted
that his estimate was perhaps too low, due to the weather during the construction which is a completion
time of mid-December, holiday delays, heating of the concrete, etc. Commissioner Conway moved to
approve said bid as recommended by staff. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
NEW BUSINESS:
e 1) CONSIDER TEMPORARY CLOSURE OF CR 49 BETWEEN CRS 8 AND 10: Janet Lundquist,
Department of Public Works, reviewed the temporary road closure for a culvert replacement.
Commissioner Kirkmeyer moved to approve said temporary road closure. Seconded by Commissioner
Conway, the motion carried unanimously.
• 2) CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2014: Barbara
Connolly, Controller, reviewed this annual distribution; 50 percent of which goes toward the Weld
County Public Works Fund, and the other 50 percent is split between five (5) school districts in the
County as shown in Exhibit "A", and the total is $70,924.00. Commissioner Conway moved to approve
said distribution of payment in lieu of taxes. Seconded by Commissioner Garcia, the motion carried
unanimously.
I] 3) CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUND FOR 2014: Ms. Connolly said
this is also an annual distribution of funds to the Weld Cuonty Public Works Fund and five (5) school
districts and is outlined in Exhibit "A". Commissioner Freeman moved to approve said distribution. The
motion was seconded by Commissioner Conway, and it carried unanimously.
e 4) CONSIDER APPOINTMENT OF CHERYL HEWITT AS DEPUTY CLERK TO THE BOARD:
Esther Gesick, Clerk to the Board, introduced a new Deputy Clerk to the Board, Cheryl Hewitt, who is
joining the Clerk to the Board team due to the retirement of Donna Bechler and the resignation of Tisa
Juanicorena. Ms. Hewitt introduced herself and the Board welcomed her to team Weld County.
Commissioner Kirkmeyer moved to approve said appointment. The motion, which was seconded by
Commissioner Conway, carried unanimously.
PLANNING:
I 1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ#1071, FOR ADLER ESTATES PUD- MEAD CROSSINGS, LLC:
Kim Ogle, Department of Planning Services, stated staff received a letter from Fred Kelley, the current
owner of Adler Estates and a Partner of Mead Crossings, LLC, for a three year extension; this is his
fifth request. In response to Commissioner Conway, Mr. Ogle explained there was a lapse of time
which was apparently due to a misunderstanding regarding a one-year extension which the applicant's
representative understood to be a three-year extension due to the direction of the discussion of the
Board. Mr. Choate recommended a continuance to look into that matter. Mr. Kelley introduced himself,
gave a history of his time working in Weld County, and stated that he had his attorney, John
MacNamara, attend that hearing in 2011, and was told by him that a three-year extension was verbally
agreed to; however, he assented the written minutes do reflect a one year extension, which is what was
referred to in the initial request. Mr. Kelley said economic circumstances have not permitted the
completion of this project; however, millions of dollars and County staff hours were spent on the
Minutes, November 24, 2014 2014-3642
Page 2 BC0016
development plans for the property. He would ask that the Board take these factors into consideration.
In response to Commissioner Conway, Esther Gesick, Clerk to the Board, confirmed she has not yet
listened to the taped proceedings from 2011, but will do so. Commissioner Kirkmeyer noted the code
states, even if a three-year continuance had been granted, it is the applicant's responsibility to come
before the Board on an annual basis and explain the status of the project, and this, at nine years, has
been a very long time. She said she would like to see a map and to review the Conditions of Approval
and Development Standards. Commissioner Conway noted accommodations were made during
the economic downturn and he recalls having had discussions about 3-year extensions; however, the
economic environment in Weld County at this time is not challenging and residential developments are
happening all over the place, so he would like an explanation of why this would be a three-year and not
a one-year extension. Mr. Kelley said another developer was to build a six-million dollar water line and
that did not happen, therefore the projected infrastructure costs were hugely increased from when the
project was conceived. In addition, in the interim of time, many of the companies have changed and
relationships need to be rebuilt in order to solve some of these problems. He noted most of the areas
being developed right now already had that infrastructure in place. Commissioner Garcia said after the
tape is heard, they also need to know the extent of the Board's authority in this situation. Mr. Choate
said that he does not see anything statutorily that indicates automatic expiration, a public hearing might
be called for, and the question before the Board may be whether to revoke or extend, depending, in
part, on what the audio of the minutes reveals. Commissioner Kirkmeyer moved to continue this matter
until Monday, December 8, 2014, at 9:00 a.m. The motion, which was seconded by Commissioner
Conway, carried unanimously.
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.
There being no further business, this meeting was adjourned at 9:46 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, November 24, 2014 2014-3642
Page 3 BC0016
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