HomeMy WebLinkAbout20141907.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 23, 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, June 23, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
e MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 18, 2014, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
Fi CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification
of Hearings conducted on June 18, 2014, as follows: 1) USR14-0011 - Plumb Ridge, LLC, c/o
Expedition Water Solutions; 2) USR14-0005 - Terry Grazing Association, c/o Connell Resources, Inc.;
and 3) USR14-0014 - Raymond and Deborah Grant. Commissioner Freeman seconded the motion,
which carried unanimously.
• 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: No public input was given.
Minutes, June 23, 2014 2014-1907
Page 1 BC0016
BIDS:
IR 1) APPROVE BID #B1400096, MOTOR POOL MODIFICATIONS FOR CNG AND LNG -
DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, said
staff recommends the low bid from Classic Contractors, Inc., in the amount of $548,974.00.
Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
OLD BUSINESS:
F 1) CONSIDER STATEMENT OF WORK FOR DOCUMENT CONVERSION AND AUTHORIZE
CHAIR TO SIGN - BUSINESS IMAGING SYSTEMS, INC.: Ryan Rose, Director of the Department of
Information Technology, explained this is for the conversion of archival paper documents to digital
records for the District Attorney's Office. This project was approved by the Board in February and the
associated cost is $48,962.00. Commissioner Freeman moved to approve said statement of work and
authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
NEW BUSINESS:
F 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MEDICAL SYSTEMS
DENVER, INC.: Christopher Woodruff, Assessor, stated this is a petition for a medical storage facility
for 2011 and 2012, which sold for $1.4 million in 2006. He explained how the value was assessed and
why the greatest weight was given to the market approach, and recommended denial. Commissioner
Freeman moved to deny said petition. The motion, which was seconded by Commissioner Conway,
carried unanimously.
2) CONSIDER TWO (2) AMENDMENTS TO PURCHASE OF SERVICES AGREEMENTS WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of
Human Services, explained these agreements are for the Senior Nutrition Program. Commissioner
Conway moved to approve said amendments and authorize the Chair to sign. The motion, which was
seconded by Commissioner Freeman, carried unanimously. In response to Commissioner
Rademacher, Ms. Griego confirmed the University of Northern Colorado raised their rates by a small
margin.
F 3) CONSIDER SEVEN (7) PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego reviewed these seven
organizations/providers and their services funded under the Older Americans Act and/or the Older
Coloradoan funds. Commissioner Kirkmeyer moved to approve said agreements and authorize the
Chair to sign. Commissioner Conway seconded the motion and it carried unanimously. In response to
Commissioner Rademacher, Ms. Griego confirmed Senior Resource Services operates countywide,
and is reaching out to the southern part of the county as a requirement of the agreement.
F 4) CONSIDER WORKFORCE INVESTMENT ACT (WIA)/WAGNER PEYSER PLAN FOR
PROGRAM YEAR 2014 AND EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND PROGRAM YEAR 2013 DISASTER NATIONAL EMERGENCY
GRANT EXPENDITURE AUTHORIZATION MODIFICATION AND AUTHORIZE CHAIR TO SIGN:
Ms. Griego reviewed the programs, amounts, and their services provided, which are funded under the
Workforce Investment Act. Commissioner Kirkmeyer moved to approve said plan and expenditure
authorizations and authorize the Chair to sign. The motion was seconded by Commissioner Freeman,
and it carried unanimously.
Minutes, June 23, 2014 2014-1907
Page 2 BC0016
ID 5) CONSIDER GRANT AGREEMENT FOR THE JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Kirsta Britton and Ben Whitney, District Attorney's Office, requested
approval to receive $65,503.00 of funding to cover salaries, supplies and travel expenses for the
program this fiscal year. Ms. Britton said the full amount requested was not received; however, the
funding for this year is adequate due to a one-time addition of Restorative Justice funds. Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Freeman, the motion carried unanimously.
F 6) CONSIDER SCOPE OF WORK AGREEMENT FOR SPILLMAN INFRASTRUCTURE
MANAGED SERVICE AND AUTHORIZE CHAIR TO SIGN - SOLUTIONS II, INC.: Jack Statler,
Department of Public Safety Communications, explained the provisions of the contract and stated this
service is just to get by until the new system is online. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously. Commissioner Kirkmeyer noted this is the result of audits done on the
Regional Communications Dispatch system.
F 7) CONSIDER QUOTE FOR WINDOWS 8.1 OPERATING SYSTEM - INSIGHT PUBLIC
SECTOR: Mr. Statler explained this license allows for a necessary update to the MVPs in the Sheriff's
vehicles, in the amount of $11,703.46. Commissioner Kirkmeyer moved to approve said quote.
Seconded by Commissioner Conway, the motion carried unanimously.
F 8) CONSIDER QUOTE FOR MAINTENANCE AND SUPPORT OF VIRTUAL MACHINE -
INSIGHT PUBLIC SECTOR: Mr. Statler said this is a basic maintenance agreement. Commissioner
Kirkmeyer moved to approve said quote. The motion, which was seconded by Commissioner Conway,
carried unanimously.
F 9) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE IMPROVEMENT OF CR 53
AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY: Janet Lundquist, Department of Public
Works, gave a history of the project, and explained the purchase of the asphalt by the County allows
the Town of Kersey to stay within their budget on this road and maintain this important corridor for the
oil and gas industry. Brett Bloom, Administrator of the Town of Kersey, said they are appreciative of
the County's assistance and work starts tomorrow. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
F 10) CONSIDER REPLACEMENT AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND
EXTRAORDINARY SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN: Jay McDonald,
Department of Public Works, stated this is an annual agreement between the County, the Air Force
and CDOT, the body of the agreement is the same as previous years, but CDOT has updated their
basic contract language and the agreement is now much longer. Mr. McDonald confirmed to the Board
that when the Air Force calls they have snow removal priority. Mr. Barker addressed the new
boilerplate agreement from CDOT. Commissioner Conway moved to approve said replacement
agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion and it carried
unanimously.
Minutes, June 23, 2014 2014-1907
Page 3 BC0016
11) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- NOBLE ENERGY, INC.: Esther Gesick, Clerk to the Board, reviewed the standard small tract lease.
Commissioner Freeman moved to waive bid procedure, accept offer to lease mineral acre, and
authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
IR 12) FINAL 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: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record. Mr. Barker
noted that the first reading changes are now incorporated regarding the actual cost for public records
retrieval up to $30.00 per hour, and confirmed that change was made in response to the State statute.
He also noted Item #10, a change to the fee for assignment of leases. Chair Rademacher opened the
floor to public comment and none was forthcoming. Commissioner Kirkmeyer moved to approve said
code ordinance on final reading. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
PLANNING:
ID 1) SECOND READING OF CODE ORDINANCE #2014-7, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 24
SUBDIVISIONS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read by title
only. The motion was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read
the title for the record. Ms. Aungst reported no changes and gave a brief summary; this will make
Chapter 23 of the Weld County Code consistent with other regulations concerning crawl spaces. She
confirmed these changes are not required, but it was determined in a work session that the Code
should match the more lenient Colorado Water Conservation Board (CWCB) regulations. Chair
Rademacher opened the floor to public comment and none was forthcoming. Commissioner Conway
moved to approve said code ordinance on final reading. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
El 2) CONSIDER RECORDED EXEMPTION, RECX13-0103 - PATRICIA JANSMA AND KANDACE
WULFERT: Michelle Martin, Department of Planning Services, explained the Board previously denied
this request by the applicants to split their property, on October 28, 2013; at which time the case was
referred back to Planning Services until the Board considered a change to the Code to accommodate
this and similar situations. Ms. Martin reviewed the site location and gave a history of the property
splits resulting in the remaining six-acre tract. Code Section 24-8-40.P now reads "After August 3,
2010, the largest lot of any recorded exemption may not be less than thirty-five (35) acres net. This
requirement may be waived by the Board of County Commissioners if the Board finds that extenuating
circumstances experienced by the applicant justify approval of the recorded exemption and that the
recorded exemption is not for the purpose of evading the requirements and intent of this Chapter."
Ms. Martin said the applicants propose to build a second residence for family members. She said the
surrounding property owners circulated a petition opposing this project and staffs recommendation is
also for denial. In response to Commissioner Kirkmeyer, Ms. Martin displayed an aerial view showing
surrounding residences and proximity to the Town of Johnstown. a Jennifer Petrik, Department of
Public Works, presented the traffic counts on CR 50 and said they will use a septic system.
ID Patricia Jansma and Kandace Wulfert, applicants, addressed the points brought up in October,
when the case was denied by the Board 3/2. Ms. Jansma noted the five year rule is no longer relevant.
She said the extenuating circumstances are that a hardship would be placed on them if they needed to
Minutes, June 23, 2014 2014-1907
Page 4 BC0016
sell two custom homes at the same time on one lot, and her nephew's ability to obtain financing for a
home is also at issue. She confirmed they will share an access and noted that building a large barn on
that location would be a Use by Right, they are surrounded by other 2-3 acre parcels, and the area
already looks like a subdivision, making the argument for keeping this area rural null and void. Ms.
Jansma said that near their house are 125 acres for sale zoned mixed-density and there is a
subdivision to the south which can be seen from their property; I/25 and Centerra are near-by. She
asserted they are not trying to circumvent rules and regulations, they just want to give family members
the ability to afford living in the country. She also addressed the petition.
ID Sandra Stoner, surrounding property owner to the east, referred to the petition, saying the
neighbors want to keep the lots more than two acres to keep this area rural. She said this lot is right in
front of their house and will impact their view and decrease their property value. In response to
Commissioner Rademacher, the Stoners confirmed they own one share of the Henry Lynn Ditch.
Ms. Stoner said they would not object to a barn there, but feel granting an exemption to the rule would
be unfair.
e Commissioner Kirkmeyer said she is not a proponent of splitting lots, but the 35-acre rule was
intended to preserve agricultural use, and this surrounding area is zoned single-family. She noted they
can build a residence by right, it would just be difficult to sell and finance without a split, the five-year
limit is past, they are surrounded by 2-3 acre sites, the area is more rural-residential than agricultural,
and as Johnstown develops this area will become even more residential, which is indicated by the
annexations. She also noted a USR could be another avenue for the applicants to build a second
home on the property. la Commissioner Freeman concurred this is not an agricultural area, and a
second home may be placed there regardless. a Commissioner Conway said he appreciated the
Stoner's comments; however, common sense is that everything right around this area is annexed by
Johnstown and will eventually be residential, and I-25's proximity is also a factor. He concurred with
the other comments made and stated his belief the applicant's are not attempting to make a profit, but
to allow a family member to live nearby; financing is also a valid issue. He asked the applicants to
mitigate the negative impact on their neighbors to the best of their ability. Chair Rademacher noted the
five-year rule has passed, and a structure will be located there regardless.
le Commissioner Freeman moved to grant said recorded exemption due to a finding of extenuating
circumstances. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
le Commissioner Kirkmeyer summarized, for the record, that the extenuating circumstances for
approving this Recorded Exemption, as presented in testimony, are that the ability to build second
dwelling is already allowed, the property is already surrounded by residential zoning and 2-3 acre
parcels, and cited that the original intent of the recorded exemption was to allow family members to live
together on properties. She noted the applicants will use a shared access and water is available, and
these factors combined lead the Board to approve this RE.
Bruce Barker, County Attorney, introduced the new Assistant County Attorney, Frank Haug,
noting that Stephanie Arries, Assistant County Attorney, is retiring as of July 31, 2014. Mr. Haug talked
a little about himself and the Board welcomed him to team Weld County.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2014-7 was approved on Second Reading and Code Ordinance
#2014-8 was approved on Final Reading.
Minutes, June 23, 2014 2014-1907
Page 5 BC0016
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 10:22 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith1/ Sc ;c4 q,(Th 9mcQ 'h'1Cil-r
Douglasa ademac er, chair
Weld County Clerk to the Board
r / arbara Kirkmeyer, Pro-Tem ti
BY: c, / G _9-16±6t1 ��
Dep t�(.Clerk to the Board ,4aa�
e\ lE r 2S ean Conway •
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Ism li - e Freeman
V� .._ JCUSED
N; ! -7 illiam F. Garcia
Minutes, June 23, 2014 2014-1907
Page 6 BC0016
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