HomeMy WebLinkAbout20131080.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 1,2013
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 1, 2013, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 29, 2013, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
El READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinances
#2013-3 and 2013-4 by tape. Commissioner Freeman seconded the motion, which carried
unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• PUBLIC INPUT: No public input was given.
Fl CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
ER COMMISSIONER COORDINATOR REPORTS: Commissioner Conway attended an event at
Aims Community College with Commissioner Freeman, an Aims Trustee, where they had the honor,
alongside President Marilynn Liddell, of being presented with two checks totaling $148 million dollars
for Aims, from the oil and gas companies Noble Energy, Inc., and Anadarko Petroleum Corporation,
and they took the opportunity to talk about the benefits to our community. Commissioner Conway
noted that Aims students have not had to endure a tuition increase for two years. Commissioner
Rademacher concurred and also mentioned there will be a second showing of the documentary "Frack
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Nation" in the Southwest County Building open to the public and civic groups. Commissioner Freeman
also concurred with Commissioner Conway's comments and said the oil and gas industry also has
positive impacts on Fire and Library Districts; it benefits all of Weld County. Commissioner Freeman
reported on the Commissioner's recent meeting with the High Plains Library Board to discuss concerns
regarding going to branches versus being member libraries with local control, etc. The Library Board
also agreed to extend the IGA with Fort Lupton for 60 days. Commissioner Conway also mentioned
two events: he and Commissioner Kirkmeyer were guest speakers at the annual Southwest Weld
Conservation Planning Meeting in Keenesburg; there was a presentation with an overview of the
drought from a climatologist from CSU and conversations about oil and gas, and agriculture. On
Thursday night, Commissioners Conway and Freeman attended a meeting of the Colorado 4-H
Foundation honoring young people who received scholarships, and were thanked for a number of
agricultural issues pertaining to water. Commissioner Freeman added that they were very excited
about the new pens for the Fair. Chair Garcia reported meeting with the Town Board of Fort Lupton
and to talk about the Library and the NSP3 Program. He also attended a joint meeting with the Evans
Economic Development Council and the City Council of Evans. He said that Evans reported they are
very pleased with the Small Business Development Center and will be looking at other incentives to
further the goals of small business.
BIDS:
1) APPROVE BID #B1300073, BIO-MEDICAL WASTE PICKUP SERVICES - DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT/CORONER'S OFFICE: Trevor Jiricek, Department of General
Services, said that staff recommended approval of the low bid from Stericyle, Inc. These services are
for the Health Department in Greeley, the Southwest Weld Building, as well as the Coroner's Office.
They have been providing good service for some years and actually bid lower than their current service
costs. Commissioner Conway moved to approve said bid as recommended by staff. Seconded by
Commissioner Freeman, the motion carried unanimously.
NEW BUSINESS:
1) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- CARRIZO (NIOBRARA), LLC (S26, T8N, R60W): Bruce Barker, County Attorney, explained these
two leases are both 1.21 acres, $484 for each, and recommended approval. Commissioner Freeman
moved to waive bid procedure, accept the offer, approve said lease and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
2) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- CARRIZO (NIOBRARA), LLC (S26, T8N, R60W): Mr. Barker said this is a mirror of the previous item,
and he recommends approval. Commissioner Rademacher moved to waive bid procedure, accept the
lease offer, approve the lease and authorize the Chair to sign. Seconded by Commissioner Conway,
the motion carried unanimously.
la 3) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
WOW BUBBLES, LLC: Brad Yatabe, Assistant County Attorney, introduced the agreement, explaining
this is a popular activity for the 2013 Fair. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
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El 4) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO GARDEN TRACTOR PULLERS ASSOCIATION: Mr. Yatabe introduced this agreement
for the 2013 Weld County Fair. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
• 5) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
KRISTEN SMITH: Mr. Yatabe introduced this agreement for the 2013 Weld County Fair (youth rodeo).
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
• 6) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MOUNTAIN SHADOWS CARRIAGES/ DARRIN HENRY: Mr. Yatabe introduced this agreement for the
2013 Weld County Fair (carriage rides to and from the parking area). Commissioner Conway moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
• 7) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
RAPPEL'S ARENA, C/O BEAU RAPPEL: Mr. Yatabe introduced this agreement for the 2013 Weld
County Fair (second annual roping event). Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
• 8) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
YOUNG GUNS ENTERTAINMENT CORPORATION: Weld County Fair Coordinator Janet Konkel
stated she's excited about these activities, which were developed by a teacher and are geared towards
younger kids. It includes hay bale roping, etc., and each kid receives a wanted poster at the end; this is
the first year for this event (and despite the name no guns are involved). She also noted there will be a
Corvette show this year with 120 Corvettes and said enrollment in 4-H has increased. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
• 9) CONSIDER EXCLUSION OF VOLUNTEER APPOINTED MEMBERS OF WELD COUNTY
ADVISORY BOARDS FROM WORKER'S COMPENSATION COVERAGE, PURSUANT TO SECTION
8-40-202, C.R.S.: Bob Choate, Assistant County Attorney, explained this is a procedural resolution, to
allow the Department of Human Resources to file the appropriate form with the Department of Labor
and Employment. Commissioner Conway clarified that if something were to happen the members
would still be covered, but not through Worker's Compensation. Commissioner Rademacher moved to
approve the Resolution as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
a 10) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND AUTHORIZE CHAIR TO SIGN -
JAMES AND MARGARET MATTHEWS: Leon Sievers, Department of Public Works, introduced this as
the first of eight agreements on County Road 23/ Highway 392 joint venture improvement project with
the Colorado Department of Transportation (CDOT), and the Town of Windsor. Mr. Sievers reviewed
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the location and explained the property valuation. Commissioner Rademacher moved to approve the
agreement and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried
unanimously.
11) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JAMES AND MARGARET MATTHEWS/
SHIRLEY TREGONING LIVING TRUST AND MERRILL TREGONING: Mr. Sievers reviewed the
location and explained the property valuation. Commissioner Freeman moved to approve said
agreement and authorize the Chair to sign necessary documents. Commissioner Conway seconded
the motion, and it carried unanimously.
Si 12) CONSIDER AGREEMENT FOR PURCHASE OF PIPELINE RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 23 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
WINDSOR LV, LLC: Mr. Sievers explained that this agreement pertains to an existing gas pipeline
and is the largest parcel on the project. There will be construction over the top of this easement and
the County is paying to have a pipeline relocated, which matter came previously before the Board. Mr.
Sievers reviewed the location and explained the property valuation. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign necessary documents.
Commissioner Conway seconded the motion, and it carried unanimously.
13) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - WINDSOR LV, LLC: Mr. Siever
reviewed the location and explained the property valuation on the largest parcel of the project. This
agreement also includes compensation to the landowner for the construction of an irrigation pipe to
allow continued irrigation on the other side of the new road. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign necessary documents. Commissioner
Freeman seconded the motion, and it carried unanimously.
12 14) CONSIDER LEASE AGREEMENT FOR LUPTON BOTTOM DITCH SHARES AND
AUTHORIZE CHAIR TO SIGN - MILLER FARMS: Clay Kimmi, Department of Public Works,
introduced this agreement which resulted from a bid presented to the Board and approved on April 15,
2013. Commissioner Conway thanked Mr. Kimmi for continuing to prioritize making this water available
to Weld County farmers and moved to approve said agreement and authorize the Chair to sign.
Commissioner Rademacher seconded the motion, and it carried unanimously.
15) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ADOLFO AND BEATRICE SIMENTAL:
Mr. Choate stated this assessment is the result of a zoning violation case in County Court, wherein a
judge assessed a penalty of $50 a day until the property was bought into compliance. Because the
Simentals were unresponsive to County staff the daily penalty was not resolved for some time, but was
terminated after 77 days at the County's request. Mr. Choate explained that the only way for the
County to enforce this court order is by way of a special assessment and recommended approval. In
response to Chair Garcia, Mr. Choate clarified that $3,850 dollars goes onto next year's property tax
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bill, and, as with anyone who does not pay their taxes, if not paid, they would turn into a lien with
penalties and interest assessed by the Treasurer. There was discussion of how interest would be
assessed, and it was determined that no interest would start to accrue until after April 30 of next year.
Chair Garcia said this matter has already gone through the violation process, and the Courts, and has
been decided so it is not appropriate to discuss or review the case further. Chair Garcia then opened
the floor for public input. Ms. Simental said the truck currently on their property is inoperable and can't
be moved until fixed. She also stated the assessment would put a financial strain on her family and
they won't be able to pay it. In response to Commissioner Rademacher, Mr. Barker said if the goal is to
ensure compliance, the certification could be continued to a future date. Mr. Choate affirmed staff is
currently investigating subsequent violations, but the original violation was resolved. He then briefly
explained the process and said staff has worked hard and the matter has come a long way before it
gets to this point. Commissioner Conway contended that the purpose of the process is to get people
into compliance. Mr. Barker noted that leniency sends a message to other violators and that needs to
be taken into consideration. Chair Garcia elucidated the typical process: the property is inspected; the
case is sent to the County Attorney's Office, and then taken to court and before a judge, who imposes
penalties, and noted that the penalty will remain interest free for one year if assessed to the tax bill. He
stated his support for certification of the penalty. Commissioner Conway contended this could
eventually lead to a tax sale/loss of the property, and stated his hope that the Simentals understand
that the County is very serious and there would be consequences if they were out of compliance when
brought back before the Board. He stated his desire to continue the matter, with the understanding that
it would be a probationary period. Mr. Barker said that any financial judgment is left up to the Board's
discretion as to how they want to collect, and they could continue it if they so wished. Commissioner
Freeman concurred with Commissioner Conway's feelings about second chances; however, that
chance was already given. Commissioner Rademacher said the process is working well; he is
concerned about sending a message of leniency and noted that from Ms. Simental's testimony, it
sounds like the trouble is just going to move to another area. Commissioner Conway asked if it would
be possible to designate their vehicle for collection, versus their real property. Commissioner
Rademacher said he would perhaps be willing to entertain a continuance, but stated concerns about
setting a precedent. Mr. Barker said the system is set up for the purpose of sending a message and
went on to discuss alternatives for collection of the penalty. Commissioner Freeman said he would
hate to have this go to a tax sale because of a penalty but is unwilling to waive the fee. Chair Garcia
said a precedent of leniency could negatively impact significant progress made in making this system
more efficient and effective. Commissioner Conway moved to continue the matter to Wednesday,
August 7, 2013. Commissioner Rademacher seconded the motion. The motion passed on a 3-1 vote,
with Chair Garcia opposed.
la 16) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ABELARDO AND NANCY VEGA: Mr. Choate
explained that the Vegas are the subject of a continuing daily penalty (totaling $14,200) due to
numerous property violations, including structures built in the flood plain and over the property line, etc.
Mr. Choate said that this resolution would certify the continuing daily penalty through today's date; the
Court took into account the financial ability of the property owners to comply. He also noted the Vegas
opened a line of communication with the Planning Department for the first time only yesterday.
Mr. Choate also mentioned the distress these violations have caused to at least one of the Vegas
neighbors, Orna McCaskall, hindering her ability to transfer or sell her property, and strongly
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recommended approval. Ms. McCaskall was present but declined to speak. After some discussion,
Bethany Salzman, Zoning Compliance, reviewed the history of the case. Mr. Choate said his
understanding was that there were six or eight major structural and zoning violations as of an
inspection yesterday. Commissioner Conway said unfortunately the Vegas were given chances to
come into compliance which were ignored, and creating distress to adjacent property owners is
unacceptable; therefore he is in support of certification. Commissioner Rademacher moved to certify
the penalties as special assessment. Commissioner Conway seconded the motion, and it carried
unanimously. Commissioner Conway added that the Commissioners handle these on a case -by -case
basis, but also stated he has some concerns about the process. Chair Garcia said these cases used to
be handled differently and would drag out; the new process is more streamlined and alleviates long-
term impact to neighbors, and said that if the Commissioners take time to hear the case over again they
undermine the new process. Commissioner Rademacher said the process is obviously working very
well, as these are the first two cases before the Board in a year and a half.
a 17) CONSIDER REQUEST FOR TWO-YEAR EXTENSION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN: Monica Mika, Director of Finance and Administration, referred to Monday's work session.
Commissioner Freeman moved to approve said request Brad Yatabe, Assistant County Attorney,
Resolution. Commissioner Conway seconded the motion, and it carried unanimously.
18) FIRST READING OF CODE ORDINANCE #2013-3, IN THE MATTER OF ENACTING
CHAPTER 4 COMMUNICATIONS, OF THE WELD COUNTY CODE: Christopher Woodruff, County
Assessor, said he is present in his capacity as the Chair of the Committee and on behalf of the
department heads. He stated the purpose of this ordinance is to open up this venue to department
heads to disseminate information to the public; this issue was thoroughly vetted, all departments
participated and department heads were invited to this first reading. No public testimony was offered
concerning this matter. Commissioner Conway thanked Mr. Woodruff for his many months of work on
this ordinance and Commissioner Rademacher said this ordinance has been years in the making, the
parameters are strict, and he is in full support. Commissioner Freeman concurred. Commissioner
Rademacher moved to approve Code Ordinance 2013-3 on first reading. Commissioner Conway
seconded the motion, and it carried unanimously.
19) FIRST READING OF CODE ORDINANCE #2013-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY
CODE: Mr. Barker relayed that this code ordinance makes an affirmative statement prohibiting this
Board or any future Board from affirming stricter gun laws. Commissioner Conway said this ordinance
resulted from a group of citizen's first draft of a firearms protection code, subsequent work sessions,
and advice from Counsel. He said the County was looking for a way to ensure its resident's second
amendment rights are not infringed. Commissioner Conway noted a lawsuit is being filed questioning
the constitutionality of the recently enacted gun laws. Commissioner Rademacher concurred with
these statements.
Margie Perusek, County resident, commended the Commissioners for this measure.
Commissioner Conway noted that Ms. Perusek served as the undersheriff for 10 years, as the Police
Chief in Fort Lupton, and has been in law enforcement for more than 34 years. In response to
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Commissioner Conway, she stated that anytime you disarm a society you leave them wide open. In
addition, these laws are unenforceable, make it more difficult for law-abiding citizens to protect their
property, and make law abiding citizens into criminals. In response to Commissioner Rademacher, she
concurred that statistics show that laws such as these are not effective. a Lea Faulkner also
thanked the Commissioners for their stance. She said further that this is what our Country was founded
on and to impede it is sacrilegious. El Joshua Miller, County resident, concurred with previous
statements. a Commissioner Conway moved to approve Code Ordinance #2013-4 on first reading.
Commissioner Freeman seconded, saying he looked forward to future public input, and the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2013-3 and #2013-4 were 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.
There being no further business, this meeting was adjourned at 10:43 a.m.
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk to the Bo
TY COMMISSIONERS
OLORADO
her, Pro-Tem
Sean onwa�
Mike Freeman
EXCUSED
Barbara Kirkmeyer
Minutes, May 1, 2013 2013-1080
Page 7 BC0016
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