HomeMy WebLinkAbout20130661.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 11, 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, March 11, 2013, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 6, 2013, as printed. Commissioner Rademacher seconded
the motion, and it carried unanimously.
O AMENDMENTS TO AGENDA: Add the following under New Business: 8) Approve Bid
for Single Family Home, 913 Elm Court, Fort Lupton, Neighborhood Stabilization Grant.
Commissioner Rademacher moved to approve. Seconded by Commissioner Conway, the
motion carried unanimously.
aPUBLIC INPUT: Tom Peterson, Engineer, Director of Colorado Asphalt Pavement
Association (a statewide trade association representing the asphalt industry of Colorado), talked
about the current state of his industry due to the economic downturn. He commended the
Board for their proactive transportation approach and for the County Road 49 Project, and said
they are looking forward to bidding and the phasing of the project. He also asked the Board to
consider an alternate bid approach, such as CDOT sometimes uses. Commissioner Conway
thanked Mr. Peterson and let him know that details will be discussed soon in work sessions and
no decisions have yet been made on of this project.
Bruce Wilson, County resident, gave an update on the proposed Firestone Annexation of
the Kurtz Ranch property and gun range, an issue brought to the Board in mid -December. He
stated their group has remained very active, representing all the landowners for a least a mile
around Kurtz Ranch, they filled four town hall meetings in Firestone and raised $50,000, hired
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local attorney to challenge the legality of the annexation, and hired a Denver law firm to
challenge the proposed re -zoning of the property. He informed the Board that the surrounding
land owners had won round one with the help of Rick Samson, attorney for the Town of Mead;
the gun range application has been withdrawn and the annexation tabled until April 24, 2013.
Because there is no IGA with theTown of Firestone, the towns of Mead and Platteville have filed
for forced mediation. Mr. Wilson reported his group is now beginning round two of opposing the
gun range and intend to help the landowners sell the property and would like to have it become
a regional park. He said the towns of Mead and Platteville have agreed to act as municipalities
to seek grant funds for that purpose. _b Linda Pyeatt, County resident, said 12 years ago she
helped to put an Open Space tax initiative on the ballot (which was defeated). She said they
envision a park in this area because it is a beautiful space with lots of wildlife, and easily
assessable, and are trying to find funding to purchase the property. Chair Garcia thanked her
for searching for an alternative solution to accommodate the property owner's wish to sell.
Commissioner Rademacher asked if the towns of Milliken and Johnstown had been approached
- because they are within the three miles of influence. FaRitchie Pyeatt, County resident,
emphasized that this is some of the last pristine land (with herons, beavers and eagles) in their
area and in Weld County, with the added benefit of being easily accessible to multiple towns
and residential areas.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent
Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously.
PRESENTATIONS:
a 1) RECOGNITION OF SERVICES, AREA AGENCY ON AGING - GEORGE CONGER
AND MARCIA OSBORN: Chair Garcia read the certificates into the record. O Eva Jewell,
Area Agency on Aging, thanked them for their years of time and service. She said her Board
has been very lucky to have the knowledge of Mr. Conger, retired Aims president, and
Ms. Osborn, a long-time educator.
2) RECOGNITION OF SERVICES, FAITH PARTNERSHIP COUNCIL - CRAIG CONRAD
AND KELLY COCROFT: Chair Garcia read the certificates into the record.
3) RECOGNITION OF SERVICES, HUMAN SERVICES COMMITTEE - CORNELIA
DIETZ: Chair Garcia read the certificate into the record. John Cruz, Department of Human
Services, thanked Ms. Dietz for being a valued member of the committee for well over six years
and acting as Co -Chair last year.
BIDS:
1) APPROVE BID #B1300036, ENFORCEMENT SERVICES - MOWING AND/OR
SPRAYING - DEPARTMENT OF PUBLIC WORKS: Marcia Walters, Purchasing Department,
introduced this bid for weed enforcement and reviewed staff's recommendation to accept low
bids for the different classes of mowing and spraying, from Hired Gun Weed Control, Joe Clark
Excavating, LB Ecological, Inc., and August Services. Commissioner Conway moved to approve
the bid as recommended by staff. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
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2) APPROVE BID #B1300056, RECYCLED ASPHALT SUPPLY - DEPARTMENT OF
PUBLIC WORKS: Josh Holbrook, Department of Public Works, reviewed staff's reasons
(including transportation and crushing costs) for recommending this purchase be split between
the two bidders: J-2 Contracting Company and Colorado Precast Concrete, Inc. Commissioner
Rademacher moved to approve the bid as recommended by staff. Commissioner Conway
seconded the motion, and it carried unanimously.
3) PRESENT BID #B1300065, CHEMICAL PURCHASES - DEPARTMENT OF PUBLIC
WORKS, WEED AND PEST DIVISION: Ms. Walters introduced the bid and stated that the
selection will be made by Tina Booten, Weed Division Supervisor, using the Municipal Assembly
for Procurement Officials Bid (MAPO) and this item will be brought back before the Board for
approval on March 25, 2013.
NEW BUSINESS:
1) APPROVE ENROLLMENT APPLICATION FOR PARTICIPATION AS A MEDICAL
PROVIDER IN THE COLORADO MEDICAL ASSISTANCE PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Judy Griego, Director of Department of Human Services, described the
purpose of this application made on behalf of the Area Agency on Aging to provide enhanced
case management services for individuals leaving nursing homes. In order to be reimbursed for
these services the County must be a Medicaid provider and she requested approval.
Commissioner Freeman moved to approve said application and authorize the Chair to sign. The
motion, which was seconded by Commissioner Rademacher, carried unanimously.
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2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TIM BUENZLI:
Christopher Woodruff, County Assessor, explained that only the request for 2010 still has
standing, as 2009 was barred by the statute of limitations and 2011 has already been settled.
He stated that staff feels the value is still appropriate for 2010 and recommended denial of the
petition, after giving a history of the matter and discounts already given. Commissioner Conway
thanked Mr. Woodruff and said he felt that they had been very fair in this process. The Board
concurred. Commissioner Conway moved to deny said petition and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
3) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE
(TS CERT 2004-0305) FOR PARCEL #10590540000: John Lefebvre, Treasurer, explained the
tax lien cancellation process. Commissioner Rademacher moved to approve said cancellation.
The motion was seconded by Commissioner Conway, and it carried unanimously.
Da 4) CONSIDER STORMWATER ANNUAL REPORT FOR MUNICIPAL SEPARATE
STORM SEWER SYSTEMS (MS4s) PERMIT AND AUTHORIZE CHAIR TO SIGN: Dave
Bauer, Director of the Department of Public Works, described recent activities, inspections and
violations. In response to Commissioner Conway, Mr. Bauer confirmed that Weld County has
no violations despite being a 4,000 square mile county. Commissioner Conway moved to
approve said report and authorize the Chair to sign. Commissioner Freeman seconded the
motion, and it carried unanimously.
a-- 5) CONSIDER CORRECTIONS TO OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO (SE1/4, S22, T5N, R61W) -
BONANZA CREEK ENERGY: Stephanie Arries, Assistant County Attorney, explained this
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resolution primarily reflects some corrections to errors with a prior lease. Commissioner
Freeman moved to approve said corrections. The motion was seconded by Commissioner
Conway, and it carried unanimously.
a 6) APPROVE APPOINTMENT OF JEAN MARK TO NOXIOUS WEED MANAGEMENT
ADVISORY BOARD: Commissioner Conway moved to approve said appointment. Seconded
by Commissioner Rademacher, the motion carried unanimously.
• 7) CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND
CERTIFICATIONS OF PAY FOR FEBRUARY 2013 AND AUTHORIZE CHAIR TO SIGN:
Monica Mika, Director of Finance and Administration, said the financials are consistent with
what has been done in the past and recommended approval. Commissioner Conway moved to
approve said report and authorize the Chair to sign. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
• 8) APPROVE BID FOR SINGLE FAMILY HOME, 913 ELM COURT, FORT LUPTON,
NEIGHBORHOOD STABILIZATION GRANT (NSP): Tom Teixiera, introduced the bid for the
demolition and replacement of a house previously used as a meth lab and abandoned for the
past five years. The city wishes to replace it with a factory built house that includes foundation,
garage, fencing, and seeded lawn. There was only one response to the bid in the amount of
$177,000 from Clayton Homes. Mr. Teixiera explained that the County is short on expending
50% of the grant and also decided to rebid four other NSP homes. He said that due to
extensive environmental remediation the cost of this is comparable to what is being spent on the
other properties. What has driven up the cost on all of these is that they were abandoned for a
number years which resulted in black mold. He said that the County's results are fairly
comparable with what other NSP providers are finding and compared the costs of the various
properties, and reported that the City of Fort Lupton is recommending approval. In response to
Chair Garcia, Mr. Texiera said there is no requirement to buy the house prior to having a
demolition contract in place; demolition cost is estimated in the ballpark of $10,000 and will be
bid next week. In response to Commissioner Kirkmeyer, he confirmed that with this down
payment the NSP grant will no longer be in jeopardy, because the home can be sold at the price
it is appraised at, most of the value will be recouped. Commissioner Conway moved to approve
said bid. Seconded by Commissioner Rademacher, the motion carried unanimously.
Commissioner Conway spoke about the disappointing history of the program. Commissioner
Kirkmeyer also expressed dismay with the length of time it took to get through this process.
Chair Garcia said he has toured these properties and it would have been more beneficial to
have gotten this work done earlier, because by now the market is improving.
PLANNING:
LH 1) CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #1734 - JIMMIE
AND TAMARA JAMES: Kim Ogle, Department of Planning Services, recommended granting
the request to vacate Use by Special Review Permit (USR) #1734. Commissioner Conway
moved to vacate said USR. The motion, which was seconded by Commissioner Rademacher,
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.
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2013-0661
BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CTY, COLORADO
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ATTEST:
Weld County Cler to the Board
BY:
Deputy CI
Sean P. Conway
YALL
Mike Freeman
Barbara Kirkmeyer
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