HomeMy WebLinkAbout20132522.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 4, 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, September 4, 2013, at the hour of 9:00 a.m.
ea 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, Susan Brown
Director of Finance and Administration, Monica Mika
• MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 28, 2013, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
a---- READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance
#2013-8 by tape. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Please change the following under NEW BUSINESS: Add item
11) CONSIDER REVISED ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM FOR
COUNTY ROAD 49 EXTENSION PROJECT (CACHE LA POUDRE BRIDGE) AND AUTHORIZE
ELECTRONIC SUBMITTAL, and delete item 1) CONSIDER AMENDMENT #1 TO WELD COUNTY
YOUTH CONSERVATION CORPS GRANT AGREEMENT. Commissioner Rademacher moved to
amend the agenda. The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PRESENTATIONS:
a 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS — TERRY DILL: Chair
Garcia read the certificate into the record. Dave Bauer, Director of the Department of Public Works,
stated that Mr. Dill is an interesting and dependable person; he started in 2000 and was one of the only
/'7
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people in the department trained in FEMA Emergency Response. He said Mr. Dill will be missed, and
the Board expressed their appreciation for Mr. Dill's 13 years of service to Weld County.
Ea PUBLIC INPUT: Doug Meyer, County resident, spoke in regard to EPA rules and regulations,
and in regard to the Cache la Poudre River National Heritage Area designation. He voiced his opinion
that water for agriculture should have priority over all other uses and his concern that all water coming
out of the Poudre could be subject to Federal intervention. Commissioner Conway explained that
National Heritage Areas are places where natural, cultural, and historic resources are highlighted as
nationally important, that bill became law almost 17 years ago, and there is a committee charged with
administrating it. He noted that Weld County has a seat on that committee, and their goal is to educate
people about water storage, history of water law, and agricultural uses. He also stated the Board is
watching these matters closely.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer reported that she
attended the County Road 49 Open House on Wednesday and gave safety awards; one was given to
the school district in southeast Weld, for getting all of their bus stops off of CR 49. She noted that
around 200 people attended and discussed the comprehensive plan, the widening project (which is 10-
20 years out), and the Access Management Plan with Keenesburg, Kersey and Hudson. She noted
that some people who live along the corridor expressed concerns about an insufficient County Sheriff's
presence on that road, and she thanked Deputy Pete Wagner for addressing those frustrations.
Commissioner Kirkmeyer also attended the 1-25 Corridor meeting and said a lot of entities were
represented. She shared that CDOT is proposing a managed or toll -lane, from Thornton to State
Highway 14. She said the Board has made clear it does not support tolling between Highway 7 and
Highway 66. She stated the Board supports initiating a committee of elected officials along that corridor
to provide input, but it is CDOT's responsibility to come up with better options. Commissioner
Conway reported that last Friday he joined Representative Cory Gardener on a tour of water storage
included in the Northern Integrated Supply Project (NISP). Commissioner Conway thanked
Representative Gardener for introducing legislation to streamline the Federal water permitting process.
Commissioner Conway briefly described this legislation and expressed support. He shared that the
Chatfield Reallocation Project has finally been approved by the Corp of Engineers, which took from
1986 to 2013; this will benefit the Central Water Conservancy, and move facilities out of the way of
rising water. He said 20-30 years to do a project is too long. Commissioner Rademacher mentioned
that he and Commissioner Kirkmeyer met with the Town of Hudson to discuss proposed truck load
limits on some streets.
BIDS:
1) APPROVE BID #B1300145, TAX PAYMENT PROCESSING SYSTEM - TREASURER'S
OFFICE: Trevor Jiricek, Director of General Services, said staff recommended accepting the low bid
from Creditron, the County's current vendor, in the amount of $37,629.00. Commissioner Conway
moved to approve said recommendation from staff. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
2) APPROVE BID #B1300147, PUBLIC WORKS STORAGE BUILDING - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek said that staff recommended the low bid from Buildings by
Design in the amount of $661,419.00. Commissioner Rademacher moved to approve said
recommendation from staff. Seconded by Commissioner Freeman, the motion carried unanimously.
Minutes, September 4, 2013 2013-2522
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• 3) PRESENT BID #B1300155, ONLINE TAX LIEN SALES - TREASURER'S OFFICE: Mr. Jiricek
said staff has received a sole bid, from the current vendor, which was expected, as only two or three
companies in the nation do this work. This will come back before the Board on September 18th with a
recommendation from staff.
NEW BUSINESS:
: 1) CONSIDER ACCEPTANCE OF 2013 ABSTRACT OF ASSESSMENT AND AUTHORIZE
CHAIR TO SIGN: Christopher Woodruff, Assessor, stated it is a culmination of work and a statutory
responsibility to sign and complete the abstract of assessment and submit it to the Property Tax
Administrator who will forward it to the State Board of Equalization for approval. He said the final
preliminary value being certified is $7.137 billion, a 10 percent increase over the 2012 assessed value -
the majority in oil and gas production facilities. Commissioner Conway moved to approve said abstract
and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously. Commissioner Kirkmeyer thanked Mr. Woodruff, and staff, for their work, and said the
public's feedback is that they generally feel like they are treated fairly. Commissioner Conway
concurred.
'= 2) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 6 AND 8: Janet Carter,
Department of Public Works, reviewed the temporary road closure for a culvert replacement, noting that
all school districts are routinely notified, as are area emergency services. Commissioner Conway
moved to approve said temporary road closure. Seconded by Commissioner Freeman, the motion
carried unanimously.
• 3) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CR 8 OFFSETS: Ms. Carter
reviewed the temporary road closure for a culvert replacement. Commissioner Conway moved to
approve said temporary road closure. Seconded by Commissioner Freeman, the motion carried
unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 51 SOUTH OF CR 18: Ms. Carter reviewed the
temporary road closure for a culvert replacement. Commissioner Freeman moved to approve said
temporary road closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
• 5) CONSIDER REVISED TOWER SITE LEASE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - SUN MICROWAVE, INC., DBA SUN WIRELESS, AND KEENESBURG SCHOOL DISTRICT
RE -3J: Mike Wallace, Director of Public Safety Communications, explained this lease is for
broadcasting the Public Radio Emergency Broadcast System already in place. Commissioner
Kirkmeyer Commissioner moved to approve said agreement and authorize the Chair to sign.
Commissioner Conway seconded the motion. Commissioner Kirkmeyer recalled staff originally thought
this was the Keenesburg School District's tower, and then realized it belongs to Sun Wireless, who
subsequently helped Weld County out instead of charging for its use. Commissioner Conway noted
there have been problems with radio communications in this area of the County. Commissioner
Kirkmeyer suggested sending a formal letter of appreciation to Sun Wireless, and the Board concurred.
After this discussion, the motion carried unanimously.
6) CONSIDER AGREEMENT FOR THE TRANSFER OF REAL PROPERTY AND AUTHORIZE
CHAIR TO SIGN - THE FAMILY RESOURCE CENTER OF SOUTH WELD COUNTY: Toby Taylor,
Director of Buildings and Grounds, said the Family Resource Center received a grant to renovate and
Weld County is deeding the property over to them so they can renovate their building. Commissioner
Kirkmeyer noted that she sits on this Board and would therefore abstain from voting. Commissioner
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Conway moved to approve said agreement and authorize the Chair to sign. Commissioner
Rademacher seconded the motion and it carried unanimously, with Commissioner Kirkmeyer recused.
7) CONSIDER SETTLEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ABOUND
SOLAR, INC./ ABOUND SOLAR MANUFACTURING, LLC / ABOUND SOLAR TECHNOLOGY
HOLDINGS, LLC: Stephanie Arries, Assistant County Attorney, outlined this settlement agreement in
regard to Abound Solar's bankruptcy estate. She said the County sought to recover $1.7 million and
settled for $100,000. Commissioner Conway commended Ms. Arries for "getting blood out of a turnip"
with only a small amount of leverage, but noted the Fire and School Districts will come up short.
Ms. Arries noted there were over a 1,000 creditors in this case. Commissioner Conway stated this is
what happens when the Federal government does not perform due diligence and also thanked Ms.
Arries for getting something, versus nothing. Commissioner Rademacher noted that this company
accepted money at all levels of government, contaminated sites around the County, and left taxpayers
"high and dry." Commissioner Kirkmeyer concurred. Ms. Arries pointed out that the hazardous waste
site where the manufacturing took place will have to be cleaned up by federal authorities.
Commissioner Conway moved to approve said settlement agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Commissioner Conway stated that "green energies" carry with them more public health risk than is
portrayed, and solar panels are manufactured with hazardous materials. This toxic site will be cleaned
up with federal tax dollars, yet environmentalists and the media do not seem to be outraged. He noted
that Longmont passed a fracking ban, but meanwhile they have a toxic waste dump right next door. It
was also noted there is an ongoing criminal investigation.
12 8) CONSIDER REPLACEMENT COLLATERAL FOR FRANCHISE AGREEMENT — BAJA
BROADBAND, LLC: Brad Yatabe, Assistant County Attorney, recalled that the Board approved the
renewal and transfer of ownership on July 15, 213, a replacement bond was submitted, and this
resolution is to release the original bond and accept the new one. Commissioner Conway moved to
approve said replacement collateral. The motion was seconded by Commissioner Rademacher, and it
carried unanimously.
9) CONSIDER AGREEMENT CONCERNING DEDICATION OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 47 AND AUTHORIZE CHAIR TO SIGN - BIG THOMPSON INVESTMENT
HOLDINGS, LLC, AND MILE HIGH INVESTMENTS, LLC, AND DAIRY FARMERS OF AMERICA,
INC.: Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Conway, carried unanimously. Commissioner
Kirkmeyer expressed gratitude to the County Attorney for getting this resolved and the Board
concurred. Mr. Barker noted the dedication for the north property, the deed and the checks —
everything agreed to — has arrived.
el 10) CONSIDER REVISED ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM
APPLICATION FOR THE COUNTY ROAD 49 EXTENSION PROJECT (CACHE LA POUDRE
BRIDGE) AND AUTHORIZE ECLECTRONIC SUBMITTAL: Monica Mika, Director of Finance and
Administration, explained this is a revised application requesting $1 million from the Department of
Local Affairs (DOLA) and the County's match is $5.4 million. In response to Chair Garcia, Ms. Mika
confirmed this is the result of the Board's discussions with Don Sandoval, the Regional Director of
DOLA. Commissioner Kirkmeyer moved to approve said revised application and authorize electronic
submittal. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner
Conway said this will allow construction on the bridge to begin.
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a 11) FINAL READING OF CODE ORDINANCE #2013-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 4 COMMUNICATIONS, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read said Ordiance by title only. Commissioner Conway
seconded the motion, which carried unanimously. Mr. Barker read the title for the record. Bob Choate,
Assistant County Attorney, said there are no changes in this final reading of the Social Media Update
and recommended approval. No public comment was offered. Commissioner Conway said this should
be an asset to the County. Commissioner Kirkmeyer concurred. Commissioner Conway moved to
approve said ordinance on final reading. Commissioner Kirkmeyer seconded the motion and it carried
unanimously.
a 12) SECOND READING OF CODE ORDINANCE #2013-7, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read said Ordiance by title only.
Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Jiricek said a version of
the Ordinance was sent to all attendees of the work session held August 26, 2013, with modifications
that were discussed at that time, and he read these modifications for the record. In response to
Commissioner Kirkmeyer, Mr. Jiricek said that the County is seeking current information regarding staff
background checks, but since the Fire Chiefs are getting routine updates from a service regarding their
staff, there is a cost -savings in not duplicating that effort and if we are not getting the info we need this
can always be altered in the future. a Ron Bateman, Johnstown/Milliken Fire Chief, thanked the
Commissioners for the work session. a Herb Brady, Windsor -Severance Fire Chief, concurred with
Chief Bateman and thanked the Board. Mr. Barker suggested that under Section 7-2-20.A, the word
"for" in "for the inspecting County," should be changed to "by". Commissioner Kirkmeyer moved to
approved the Ordinance, amended accordingly. Commissioner Rademacher seconded the motion, and
it carried unanimously.
ra---- 13) FIRST READING OF CODE ORDINANCE #2013-8, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 10 SOCIAL SERVICES, OF THE WELD COUNTY
CODE: Mr. Choate explained this ordinance will bring Chapter 10 into compliance with new regulations
from the Colorado Department of Human Services. He explained these changes, which outline the
process for filing grievances against Weld County Department of Human Services employees in regard
to child welfare. Mr. Choate said a work session is scheduled and there was no public comment.
Commissioner Kirkmeyer moved to approve said ordinance on first reading. Commissioner
Rademacher seconded the motion and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-6 was approved on final reading, Code Ordinance #2013-7
was approved on second reading with revisions, and Code Ordiance #2013-8 was approved on first
reading as presented.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, September 4, 2013 2013-2522
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There being no further business, this meeting was adjourned at 10:09 a.m.
ATTEST:
Weld County Clerk to the Board
BOARD OF
WELD
OUNTY COMMISSIONERS
LORADO
William F. Gar
Minutes, September 4, 2013 2013-2522
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