HomeMy WebLinkAbout20141551.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 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, May 21, 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
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 19, 2014, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
el READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2014-8
by tape. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to add the following under NEW
BUSINESS: #3) Consider Temporary Closure of County Road 23 South of State Highway 392.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Freeman seconded the motion, and it carried unanimously.
la PROCLAMATIONS:
1) MEMORIAL DAY - MAY 26, 2014: Chair Rademacher read the certificate declaring Weld County's
Memorial Day, in honor of the nation's veterans and members of the armed services, into the record.
G PUBLIC INPUT: Doug Meyer, County resident, thanked the Chair for his Greeley Tribune op-ed
referencing NOAH, a faith-based environmental organization, and said climate change does not exist.
He also noted there are only around 1 million WWII (known as the greatest generation) veterans left, in
reference to Memorial Day.
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O COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer said she attends the
State Transportation Advisory Committee, as Chair of the Upper Front Range Transportation Planning
Region, and reported that the formula for the allocation of regional priority funding dollars has been
changed. She said the Transportation Commission has been wanting to change this formula all year;
STAC (Statewide Transportation Advisory Committee), which provides advice to the Transportation
Commission, and CDOT staff made opposing recommendations, which were ignored, and the formula
was changed from 45 vmt (vehicle miles traveled) /40 lane miles /15 truck vmt to 50 percent population/
35 lane miles/ 15 truck vmt, and no vmt miles. Weld County will therefore see substantially less money
in the pot for the region, and, in addition, the region has been expanded to include the eastern plains —
Boulder and Larimer County. She reported 13 STAG members got up and left the meeting because
their recommendations are not being heard in Denver. She suggested the Board needs to have a
transportation conversation with the Governor. Commissioner Kirkmeyer also mentioned that most of
the Responsible Acceleration of Maintenance and Partnerships (RAMP) project funding went to
metropolitan areas, which furthers the urban rural divide. In addition, 167 million due to come back
after bonds are paid off will not be put into regional priorities, where it was promised in 1998 and 1999,
so, in conclusion, there won't be any funding for transportation projects.
Commissioner Garcia reported that the third annual Learn to Fly Day at the Greeley-Weld County
Airport put on by the EAA, Aims Community College, and the Airport Authority was a huge success. He
said there are more kids every year. The Civil Air Patrol was there and it was a great day.
Commissioner Conway commended Commissioner Kirkmeyer for her leadership with STAC; the
issue is one of equity and fairness, promises were made in 1999, and a change in administration
should not change commitments like those, so those with institutional knowledge need to be vigilant.
He also referred to a Greeley Tribune article on Colorado House Bill HB 14-1371 - Wellhead Point of
Property Valuation & Taxation, sponsored by Dave Young, and a bi-partisan effort with the County
Assessor and Treasurer, and other Colorado assessors, which passed the house 97/3. He said this bill
updates rules which dated back to the 1920's to address the new technology of directional drilling for oil
and gas. The article reported on angst from the municipalities, including Windsor, but the City Manager
of Windsor needs to check the math and exercise due diligence, because this bill would increase the
Town of Windsor's tax base.
e Chair Rademacher addressed the recent meeting of the South Platte Roundtable. He said they
tried to tie land use and energy to water, and it was a good meeting.
BIDS:
Ei 1) PRESENT BID #B1400104, ROOF REPLACEMENT (PARTIAL) JAIL - DEPARTMENT OF
BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, said there are six (6)
interested vendors and this bid will be brought back before the Board with a recommendation from staff
on June 9, 2014.
e 2) PRESENT BID #B1400105, PECKHAM GRADER SHED FUEL TANK INSTALL -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek said there were three (3) vendors and
this bid will be brought back before the Board with a recommendation from staff on June 9, 2014.
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NEW BUSINESS:
e 1) CONSIDER CONTRACT AMENDMENT FOR TASK ORDER #2 FOR AIR QUALITY
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Jiricek explained this is a contract for County staff
to conduct state functions under contract - collecting air quality monitoring data, routing maintenance,
and inspections. Phil Brewer gets an inspection list from the state and inspects those sources for
emissions compliance and provides a report to the State. County staff does routine maintenance of the
state-owned monitors, but repairs are generally done by the State. In response to Commissioner
Conway, Mr. Jiricek said the State may continue to add monitoring sites but Weld County is
compensated per hour and the entire contract amount is for staff time, so that's not an issue; the
County also has input on where the sites are located. Commissioner Kirkmeyer moved to approve said
contract amendment for task order and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
IR 2) CONSIDER STATEMENT OF SUPPORT FOR WELD PROJECT CONNECT: Commissioner
Freeman explained Project Connect, a joint partnership between Greeley and Weld County, is an
opportunity for people to get basic health care assessments, haircuts, flu shots, and other free services
on October 17, 2014. A volunteer navigator helps each person around the various services, and it is a
wonderful opportunity to volunteer. Commissioner Freeman moved to approve said statement of
support. Seconded by Commissioner Conway, the motion carried unanimously.
e 3) CONSIDER TEMPORARY CLOSURE OF COUNTY ROAD 23 SOUTH OF STATE
HIGHWAY 392: Janet Lundquist, Department of Public Works, stated this realignment is partially
funded by the North Front Range Metropolitan District. Mountain Constructors will be performing the
work. The Town of Windsor is having some road closures simultaneously, so staff will closely
coordinate with them to mitigate impacts on the school system. Ms. Lundquist described the traffic and
detours, confirmed this project was delayed by the September 2013 Flood, and said the road will be
closed for 35 days. Commissioner Conway noted this project is coordinated with the Towns of Windsor
and Severance, CDOT, and the NFRMPO. He asked about notification and any non-official scheduled
events, and Ms. Lundquist confirmed she would double check. Commissioner Conway moved to
approve said temporary road closure. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
e 4) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA PEREA: Bob Choate,
Assistant County Attorney, explained this case has been ongoing for a long time, with penalties
beginning in the fall of 2012. The Court contemplated a penalty increase; however, that was not done,
because CDOT is going to take this property into a hold and cut off all legal access to the property.
Bethany Pascoe, Department of Planning Services, confirmed the property remains in violation, but
CDOT is negotiating its purchase and the penalties will be paid from the proceeds of that sale.
Commissioner Garcia moved to certify said penalties as a special assessment. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
e 5) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL: Mr. Choate explained the
assessment of daily penalties went into effect last October, and the violation for the operation of a
business and non-commercial junkyard is on-going. Ms. Pascoe reported that when she did a site
inspection yesterday she observed 8-12 semis parked on the property and piles of tires. Mr. Choate
confirmed they have been given adequate time to rectify the situation. Commissioner Conway asked
about extenuating circumstances; Mr. Choate noted that Mr. Hill is an over-the-road truck driver and not
often at the property; however, they have had a year and half to comply. Ms. Pasco also mentioned
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Ms. Hill has taken custody of her grandchildren and doesn't have a lot of time, so minimal progress was
made. Commissioner Freeman moved to certify said penalties as a special assessment. The motion
was seconded by Commissioner Garcia, who pointed out this is a collection on a penalty determined by
the Courts, and it carried unanimously.
6) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - LA SALLE RENTAL PROPERTIES, LLC, C/O HERSCHEL
HOLLOWAY: Mr. Choate reported Mr. Holloway, present, has paid his fines to the Court.
Commissioner Conway moved to deny the special assessment. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
El 7) CONSIDER CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - KIMBERLY COWERN: Mr. Choate explained this item is a
building permit violation regarding a dangerous situation with Ms. Cowern's boiler, and involves a legal
dispute with her contractor. After several months, Ms. Cowern got a new contractor to bring the
property into compliance. Ms. Cowern briefly explained that she had been working with two
humanitarian agencies to get the money to fix the boiler and that took a great deal of time, she finally
received aid from EOC Income Colorado, and it was a complicated repair. She stated the details make
for a long story, noting she did not have heat during this time, so she had an incentive to get it done as
soon as possible. Ms. Cowern said it is wrong that the Department of Regulatory Agencies (DORA)
exempts plumbers from acquiring permits for gas-fired appliances. In response to Chair Garcia, Mr.
Choate confirmed a satisfaction of judgment can be entered with the assessor. This is a special
statutory proceeding, versus a money judgment. Mr. Barker clarified a judgment has to be registered or
certified, so if neither of those are done, the fine is not recorded on the books. Therefore the Board can
deny the certification and consider the matter completed for all parties. Commissioner Kirkmeyer
moved to deny the certification to the Weld County Treasurer and not proceed with the collection or
enforce the judgment because the individual has come into compliance. The motion was seconded by
Commissioner Conway, and it carried unanimously.
8) FIRST READING OF CODE ORDINANCE 2014-8, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Mr. Barker said these changes to the code are to designate the first hour of an open
record request free, after that there can be a charge up to $30.00 an hour, according to HB 1193 (which
just passed). The bill also stipulates that the citizen must be provided notice of the cost up front, or the
amount cannot be collected. The second part deals with an increase, from $25.00 to $100.00, of the
fee for the assignment of oil and gas leases (per lease, per assignment). In response to Commissioner
Conway, Mr. Barker explained the State is limiting the cost to $30.00 an hour in response to fleecing
incidents. Commissioner Conway reiterated his belief that requestors should be charged the actual
cost of the service. Mr. Barker said in order to charge a specific amount per hour has to be in the code,
and confirmed the Board may have to consider that matter annually. The floor was opened to public
comment and none was forthcoming. Commissioner Kirkmeyer asked about using the language "shall
not exceed $30.00 per hour," and Mr. Barker confirmed that would be acceptable. Commissioner
Kirkmeyer motioned to amend the language on first reading. Commissioner Conway seconded the
motion and it carried unanimously. Commissioner Conway moved to approve said code ordinance on
first reading, as amended. Commissioner Garcia seconded the motion and it carried unanimously.
HEALTH:
1) CONSIDER ON-GOING SUSPENSION OF RETAIL FOOD ESTABLISHMENT - CARNICERIA
Y RESTAURANTE MUNOZ: Deb Adamson, Department of Public Health and Environment, gave a
history of the previous hearing and suspension of this license until such time as the owners could fulfill
Minutes, May 21, 2014 2014-1551
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the conditions set by the Board: a food safety consultant, training for all employees, limiting the number
of food activities and processes taking place, and a change in management. According to state statue
the suspension's limit is 6 months. The establishment is owned by Liliana Lozano. Ms. Adamson
reported that, as of 8:30 a.m. today, these requirements have been fulfilled. She explained there was a
substantial delay caused by problems with the structural integrity of the building, which took three and a
half months to remedy. Eduardo Munoz will be the manager, two additional shift managers have been
designated, and all employees have been trained and observed by a consultant. She said last Monday
a team of inspectors found some additional work needing to be done on equipment; that has now been
completed. Staff recommends the license be reinstated while retaining the ability to bring the matter
back up if the establishment does not remain in substantial compliance. Dan Joseph, Department of
Public Health and Environment, presented a timeline of the matter to the Board and reiterated there
was a period of time the building could not be entered until a Certificate of Occupancy was issued. El
Chair Rademacher opened the floor to public comment and none was forthcoming. El The applicants
said their new manager has over 7 years experience and they have a detailed plan for compliance.
Commissioner Garcia made a motion to dismiss the current suspension, and waive the fee, with the
requirements as listed in the resolution. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
(Clerk's Note: David Gonzalez was also present to provide translation services.)
PLANNING:
1) CONSIDER ZONING PERMIT FOR A HOME BUSINESS, ZPHB13-0005, FOR THE
TRANSPORTATION OF DOMESTIC SEPTIC SLUDGE - KENNETH AND JAMIE STARMAN:
Tiffany Johnson, Department of Planning Services, requested a continuation until June 16, 2014,
because there was information that did not get to the applicants in adequate time for their review.
Commissioner Conway moved to continue this matter until June 16, 2014, at 9:00 a.m. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved. Code Ordinance #2014-8 was approved on First
Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, May 21, 2014 2014-1551
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
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Minutes, May 21, 2014 2014- 1551
Page 6 BC0016
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