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Home My WebLink About20140213.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 22, 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, January 22, 2014, 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 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 IE MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of January 20, 2014, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2014-1 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously. a AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. El PUBLIC INPUT: Doug Meyer, County resident, spoke in regard to American Steward's of Liberty and equality amongst levels of government. Commissioner Rademacher noted that Bill 1278 passed both houses by approximately 75%. Commissioner Conway noted the first hearing on the 'Depletion Bill' proposed by Senator Brophy and Representative Fisher will be on February 6, 2013, 1:30 p.m. at the Capital Building. Commissioner Rademacher said he would like to meet with Senator Brophy to amend that bill and make it stronger. Pi COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported that last week he testified on Senate Bill 35, Senator Harvey and Representative Saine's bill to repeal 252 (the Renewable Energy mandate) for revision, which failed 3-2 in the Senate. Commissioner Conway also Minutes, January 22, 2014 2014-0213 1 Page 1 BC0016 rebutted a recent editorial in the Greeley Tribune: District 6 is not the only school district in the County, sidewalks are part of the site design of schools, School Boards are independently elected, and the State of Colorado is responsible for school district building inspections. Commissioner Freeman concurred the County has nothing to do with this conversation. Commissioner Conway said this editorial board consistently gets facts wrong, does not contact the County in order to verify their perceptions, and needs to acknowledge and correct factual errors. Commissioner Kirkmeyer noted other factual oversights of the editorial. OLD BUSINESS: El 1) CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - GREELEY COUNSELING CENTER: Judy Griego, Director of Department of Human Services, explained this amendment will allow compensation for the Counseling Center to travel outside the Greeley metro area to conduct required evaluations. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. e 2) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN — MICHAEL LAZAR, ATTORNEY AT LAW: Ms. Griego said this agreement is due to the resignation of the previous mediator, and the term will coincide with the fiscal year. Ms. Griego reviewed the search for this position, and said the County Attorney, Bruce Barker, gave recommendations as to a possible replacement. In response to Commissioner Conway, Mr. Barker said that this is not a difficult area of law, but there is training/certification involved which is a time commitment. Commissioner Garcia mentioned good personal experience with Mr. Lazar, who has been doing mediation for a long time. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. lEi 3) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS: Ms. Griego said Lutheran is currently providing the Parent Education Program. This will be a six-month renewal because the department is requesting that Lutheran update their Safe-Touch Programming to align with current evidence-based practices. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. NEW BUSINESS: El 1) CONSIDER APPOINTMENT OF RAFAELA MARTINEZ AS DEPUTY CLERK TO THE BOARD: Esther Gesick, Clerk to the Board, thanked the Board for her recent appointment to the Clerk to the Board position, and acknowledged her deputy clerks: Donna Bechler, Tisa Juanicorena, Susan Brown, and Karla Ford. Commissioner Kirkmeyer said she looks forward to working with Ms. Gesick in her new role; the Board has every confidence in her as she has done an excellent job over the last 17 years. In regard to Ms. Gesick, Commissioner Conway concurred, saying she has really earned this promotion. Ms. Martinez introduced herself: she has a degree in Health Care Administration, grew up in Ault, and previously worked for Children's Hospital. The Board welcomed her to the Clerk to the Board's Office. Commissioner Kirkmeyer moved to approve said appointment and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. Minutes, January 22, 2014 2014-0213 Page 2 BC0016 2) CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CRS 65 AND 67: Amy Joseph, Department of Public Works, reviewed the temporary road closure for an irrigation culvert replacement. Commissioner Conway moved to approve said temporary road closure. The motion, which was seconded by Commissioner Garcia, carried unanimously. JEI 3) CONSIDER BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 29/34A AND AUTHORIZE CHAIR TO SIGN - FARMERS RESERVOIR AND IRRIGATION COMPANY/PLATTE VALLEY IRRIGATION COMPANY: Wayne Howard, Department of Public Works, explained the bridge replacement in relation to water flow. He said crews will start work on February 5, 2014, while the water is low; they might finish it while the water is flowing, but will not impede the spring run-off needed by agriculture. Commissioner Kirkmeyer questioned the thought process behind the County's payment of irrigation company legal fees. She said she would approve this resolution, but requested a work session to examine this practice. In response to Commissioner Kirkmeyer, Stephanie Arries, Assistant County Attorney, said, historically, the County pays the legal fees when the County is initiating the work. She also explained the extra $500 fee, noting that previously this has been a new agreement/process every time, and since FRICO is large and carries weight with the other ditch companies in terms of expertise, etc., she requested their attorney to come up with a standard contract format to streamline the process. This form is now approved, it can be used with other ditch companies and legal fees will be much smaller in the future. Commissioner Kirkmeyer noted that the canal is crossing the County right-of-way as opposed to the County crossing their easement and reiterated that it should be discussed. The Board concurred. In response to Commissioner Conway, Mr. Howard said that the water is anticipated in early March and acknowledged the importance of having the project completed before that. He also confirmed, in this case, the ditch did have right-of-way prior to the County. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. 4) CONSIDER BRIDGE CONSTRUCTION AGREEMENT FOR BRIDGE 34/25A AND AUTHORIZE CHAIR TO SIGN - FARMERS RESERVOIR AND IRRIGATION COMPANY/ PLATTE VALLEY IRRIGATION COMPANY: Mr. Howard said this is a similar agreement, although this will take less time as a rehabilitation versus a complete replacement, and it will also start February 5, 2014. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. PLANNING (NEW BUSINESS): 1) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1668 - PETER AND HEATHER VALCONESI: Rich Hastings, Department of Public Works, said staff has inspected the site, the vegetation is taking hold; Planning Services also reviewed the site and recommends approval, as well as acceptance of the two-year warranty collateral. Commissioner Conway moved to approve said partial cancellation and release of collateral. The motion was seconded by Commissioner Freeman, and it carried unanimously. 2) FIRST READING OF CODE ORDINANCE 2014-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Tom Parko, Department of Planning Services, reviewed the purpose of this ordinance, particularly the recorded exemption section, which gives the Board more discretion to grant exceptions to the five-year and thirty-five acre rules mandated in 2010. He explained the rules for splitting properties into lots, and reported that the Planning Commission voted against this proposed code change - 5/3. El Chair Rademacher opened the floor to public comment. Sandra and Gary Stoner spoke in regard to their personal property and in opposition to the code changes. Mr. Stoner objected to Minutes, January 22, 2014 2014-0213 Page 3 BC0016 the broadness of the term "extenuating circumstances" as too inclusive and potentially applicable to any excuse to amend the code to accommodate a personal request, and he said what qualifies as extenuating circumstances needs to be outlined/defined. Mrs. Stoner said filing for a subdivision is an option for those people who want to avoid those rules. It was noted that this comment also came up during the Planning Commission hearing. In response to Commissioner Conway, Mr. Parko said there are a variety of reasons - his department is in favor of allowing discretion because they trust the Board to use good judgment. Commissioner Kirkmeyer referred to exemptions that were granted during the economic downturn which allowed people to keep their farms. She said this change was the result of a recent recorded exemption hearing in which the County Attorney informed the Board they were not allowed to waive the 35-acre rule, which took away the Board's ability to be flexible, use common sense and work for the citizens of the county in a specific circumstance and she noted the Board is elected to make these kinds of decisions. Commissioner Freeman concurred, noting there are gray areas -this is a very infrequent issue, but it does happen and this change gives the Board the ability to use common sense. ta Commissioner Garcia moved to approve said code ordinance on first reading. Commissioner Kirkmeyer seconded the motion. Commissioner Conway reviewed the thought process behind making this change, stating gray is better than black and white in terms of public policy, generally the Board takes people at their word, and there are relatively few people who take advantage. He referred again to the last economic downturn and past examples of "extenuating circumstances" Commissioner Rademacher agreed the Board needs the authority to make exceptions, but also noted they are generally very firm in enforcing these codes. The motion carried unanimously. PLANNING (OLD BUSINESS): Ii 1) CONSIDER INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT #1736 - ROBERT COLLINS: Chair Rademacher recused himself. Kim Ogle, Department of Planning Services, gave a brief history of this item. The last Condition of Approval to be met is the completion of the breezeway between residential trailers, which needs to be completed for a final building inspection to take place, and the Condition of Approval referring to the screening of outside storage materials has been met. Mr. Ogle said staff has no recommendations until hearing from Mr. Collins today. He noted there is a 180-day extension on the existing permit, which was pulled back in 2010, and extended once, expiring on July 29, 2014. Mr. Collins said since the last hearing he has accomplished a great deal, the breezeway is half-completed but he needs more time, preferably until the expiration of the building permit. In response to Commissioner Conway, Mr. Collins said it should be done long before that and all other items have been completed. Chair Pro-Tem Kirkmeyer opened the floor to public comment and none was forthcoming. She noted four options before the Board: continue, rescind, dismiss, or set a probable cause hearing. El Mr. Barker said a probable cause hearing is not an option, as the USR does not yet exist. Commissioner Conway made a motion to continue the matter until July 28, 2014, at 9:00 a.m. The motion, which was seconded by Commissioner Freeman, carried unanimously. The Board urged Mr. Collins to complete the work sooner than the deadline if at all possible. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2014-1 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, January 22, 2014 2014-0213 Page 4 BC0016 There being no further business, this meeting was adjourned at 10:25 a.m. BOARD OF COUNTY COMMISSIONERS .�` � ��// WELD_ COUNTY, COLORADO ATTEST: o�� • SCleai 9 a�°C .{� r `4 �G✓ Dou la Radema hoer Chair Weld County Clerk to the Bo �� tAii r tiv, arbara Kirkmeye , Pro-TenY BY: , C De put Clerk to the Boa Cr.? _ P ® '�� Sean P onway C c -7;ffr m i_c-a - Mike Free Wit<iam F. Garcia Minutes, January 22, 2014 2014-0213 Page 5 BC0016 Hello