HomeMy WebLinkAbout20133363.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 9, 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, December 9, 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, Susan Brown
Director of Finance and Administration, Monica Mika
El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 2, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
e READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance
#2013-13 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on December 2, 2013, as follows: 1) USR13-0032 - Public Service Company of
Colorado. Commissioner Rademacher seconded the motion, which carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: Ron Bateman, Johnstown/Milliken Fire Protection District Chief, formally
recognized two Weld County employees, Janet Lundquist, Department of Public Works, and Jonathan
Lunsford, E911 Master Street Address Guide (MSAG) Program Coordinator for Regional
Communications, for their assistance with the recent flood in Johnstown and Milliken, presenting them
with gold coins the towns had made to commemorate the 2013 Flood. Commissioner Conway said it is
not unusual for Weld County employees to go above and beyond, and also thanked the
Minutes, December 9, 2013 2013-3363
Page 1 BC0016
Johnstown/Milliken Fire Protection District for their service, noting there was not one flood -related death
in Weld County.
BIDS:
1) APPROVE BID #B1300167, INMATE SUPPLIES - SHERIFF'S OFFICE: Trevor Jiricek,
Director of General Services, said staff Bob Barker Company. They were not the low bid in all
categories; however, they were lowest in price for the overall quality/value of the 28 items bid out. In
response to Commissioner Rademacher, Mr. Jiricek confirmed this is the current vendor. Deputy
Sterling Geesaman said after research and analysis, the products they could get for lower prices had a
dramatic drop in quality. He noted that in most categories the price went down from the last year, but
others, such as mattresses, went up a little overall. Commissioner Freeman moved to approve said bid
as recommended by staff. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
2) APPROVE BID #B1300188, COPIER - PRINT SHOP: Monica Mika, Director of Finance and
Administration, recommended that the bid be rejected due to uncertainties regarding electrical capacity
in the building. She noted that Edna Mata, Printing Department, will personally call the vendors and let
them know why this will need to be rebid. She said right now the building is at capacity and the
necessity of all equipment currently utilized there needs to be re-evaluated. Toby Taylor, Director of
the Department of Buildings and Grounds, will have a recommendation as soon as possible.
Commissioner Rademacher moved to reject said bid as recommended by staff. Seconded by
Commissioner Conway, the motion carried unanimously.
3) PRESENT BID #B1300196, CUSTODIAL SERVICES/NORTH BUSINESS PARK -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek said nine (9) bids were received and this
will be brought back to the Board with a staff recommendation for approval on December 23, 2013.
Commissioner Rademacher noted the wide range and asked staff to make sure all the vendors
understand the scope of the bid.
OLD BUSINESS:
1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR-1704 - HEARTLAND BIOGAS, LLC: (CON'T FROM
12/2/2013): Rich Hastings, Department of Public Works, reviewed the location and scope of the project
and recommended approval. He noted Exhibit E is slightly unusual and describes the detour route, and
stated the collateral is currently being executed in California and will arrive by tomorrow morning, so
staff is requesting a conditional approval of the resolution. Tim Naylor, AGPROfessionals, LLC, said he
appreciates staffs efforts in expediting this process. Bruce Barker, County Attorney, noted the
guarantee that was produced is a good one and it is a good idea to make changes to the Code to
accommodate these large companies. Mr. Naylor said construction plans will be ready by the first of
the year and the benefit of the company guarantee is that they don't have to get a bond and spend
money for a line of credit. Commissioner Conway thanked staff for ironing out these issues, as well as
the County Attorneys, and concurred this is a good way to go in the future with large companies who
clearly have the financial resources to make good on their improvements. Commissioner Conway
moved to conditionally approve said agreement, contingent upon acceptance of collateral, and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, December 9, 2013 2013-3363
Page 2 BC0016
NEW BUSINESS:
ID 1) CONSIDER MEMORANDUM OF UNDERSTANDING FOR THE SHARING OF MEDICAL
INFORMATION AND AUTHORIZE CHAIR TO SIGN - COLORADO ACCESS: Judy Griego, Director of
Department of Human Services, explained this is a non -financial agreement for the sharing of medical
information regarding children in the department's care and complies with HIPPA. In response to
Commissioner Kirkmeyer, Ms. Griego noted that Bob Choate, Assistant County Attorney, has reviewed
the agreement. Commissioner Freeman moved to approve said memorandum of understanding and
authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
Ei 2) CONSIDER MEMORANDUM OF UNDERSTANDING FOR TITLE IV -E DEMONSTRATION
WAIVER AND AUTHORIZE CHAIR TO SIGN: Ms. Griego explained the State Department of Human
Services was awarded these funds by the Children's Bureau to pay for four initiatives in Colorado
Counties. Weld County will receive $561,163.00 for the coming year. She noted Mr. Choate reviewed
and clarified the requirements regarding savings in the MOU with the State. In response to
Commissioner Conway, Ms. Griego said this primarily funds the department's family engagement
process and kinship support, gives some additional flexibility and expands services for child welfare.
Commissioner Kirkmeyer questioned a provision for the placement of funds/savings and how they will
affect the block grant and the final close-out, and said she still has some questions. She commended
Ms. Griego for putting together a good program. Commissioner Rademacher moved to approve said
memorandum of understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
El 3) CONSIDER THREE (3) EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego said these are
reissuances by the State Department of Labor and Employment, reviewed the programs, award
amounts, and the performance period and said this covers multiple funds and programs.
Commissioner Kirkmeyer moved to approve said expenditure authorizations and authorize the Chair to
sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
4) CONSIDER CANCELLATION OF 2013 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barbara Connolly,
Controller, explained these are accounts that need to be written off for the Health Department for a total
of $10,143.63 - less than previous years, after six months of billing and non-payment/response. In
response to Commissioner Conway, Ms. Connolly offered to review with the Health Department the
accounts on which payments were made recently; it is possible that health insurance made a partial
payment and the patient did not make up the remainder. Commissioner Kirkmeyer made a motion to
delete the reference to the City of Greeley from the resolution. Commissioner Rademacher seconded
the motion and it carried unanimously. Commissioner Kirkmeyer moved to approve said account
cancellations, as amended. Commissioner Rademacher seconded the motion and it carried
unanimously.
IE 5) CONSIDER CHANGE ORDER #1 FOR ROOF TOP UNITS AT 1400 N. 17TH AVE (BID
#B1300159) AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Department of Buildings and Grounds
explained that the Department hoped to have this installed in the better weather, however, delivery was
delayed, so this is to cover overtime in the amount of $6,600.00 for weekend hours worked.
Commissioner Rademacher moved to approve said change order and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, December 9, 2013 2013-3363
Page 3 BC0016
F 6) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROADS 42 AND 29 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS — TERRY AND JANICE WIEDMAN: Leon Sievers, Department of Public
Works, explained this is one of the last items for the CR 42 and 29 culvert project. The new road will be
covering an existing easement, and total compensation to the landowner is $800.00. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
F 7) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - E1/2 SW1/4 NE1/4, S24, T3N, R63W: Esther Gesick,
Deputy Clerk to the Board, explained this and the next seven items were submitted collectively under
one document requesting one six-month extension at the Board's discretion, and have paid the
requisite 1/3 of the original bonus; Kerr-McGee acquired these leases from Bayswater. In response to
Commissioner Rademacher, she said this is the first extension of these leases; they are seeking more
time to start production. Commissioner Freeman moved to approve said extension of oil and gas lease.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
F 8) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - N1/2 S1/2 NW1/4 NE1/4, S24, T3N, and R63W:
Ms. Gesick reviewed the acreage and amount. Commissioner Freeman moved to approve said
extension of oil and gas lease. The motion was seconded by Commissioner Conway, and it carried
unanimously.
F 9) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NE1/4 NE1/4 SE1/4, S24, T3N, R63W: Commissioner
Conway moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
F 10) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - S1/2 NE1/4 SE1/4, S24, T3N, R63W: Commissioner
Freeman moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Conway, and it carried unanimously.
El 11) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NW1/4 NW1/4 SE1/4, S24, T3N, R63W: Commissioner
Rademacher moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
F 12) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - SW1/4 NW1/SE1/4, S24, T3N, R63W: Commissioner
Conway moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
F 13) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NE1/4 SW1/4 SE1/4, S24, T3N, R63W: Commissioner
Freeman moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
Minutes, December 9, 2013 2013-3363
Page 4 BC0016
El 14) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NW1/4 SW1/4 SE1/4, S24, T3N, R63W: Commissioner
Conway moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
El 15) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - SE1/4 SE1/44, S24, T3N, R63W: Commissioner
Freeman moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. The total collectively paid by Kerr-McGee is
$18,682.00.
El 16) FIRST READING OF CODE ORDINANCE #2013-13, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD
COUNTY CODE: Mr. Jiricek explained that this ordinance on the permitting and installation of sewage
systems is in response to rules made at the state level - as was previously discussed in a work session.
He said a draft version has gone to all installers and engineers who do work in the County for review, a
work session is scheduled for Wednesday morning, and there will likely need to be an additional one,
as this is a complete rewrite of Weld County's current rules, and there is a tight deadline. In response
to Chair Garcia, Mr. Jiricek said the Board of Health recommendations are not yet integrated; given the
rigid timeline staff is currently making changes to be introduced at the second reading. Chair Garcia
opened the floor for public comment, and none was forthcoming. Commissioner Conway moved to
approve said Code Ordinance on first reading. Commissioner seconded the motion and it carried
unanimously.
PLANNING:
E 1) CONSIDER ACCEPTANCE OF FILING OF REVISED SERVICE PLAN, REFERRAL TO
WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, SET HEARING
DATE FOR CONSIDERATION, AND WAIVE FILING FEE - PLATTE VALLEY PARK AND
RECREATION DISTRICT: Brad Yatabe, Assistant County Attorney, explained the applicant is
requesting a withdrawal because a May 2014, election date does not allow enough time for public
outreach to Kersey citizens and businesses. He noted the Clerk to the Board's office is in possession
of the $500 check submitted per statute, and needs to send official documentation to DOLA announcing
this withdrawal. Chair Garcia gave his opinion the check should be returned; the Board concurred.
Commissioner Rademacher moved to accept the withdrawal, with the direction to return the check to
the applicant. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
2) SECOND READING OF CODE ORDINANCE #2013-10, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING,
AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE (CON'T FROM 11/4/13):
Commissioner Rademacher moved to read by title only. Commissioner Conway seconded the motion
and it carried unanimously. Mr. Barker read the title for the record, and reviewed numerous changes:
all references to Chapter 30 will be removed and the changes consolidated solely under Chapter 23,
Article XI; it will be referred to as the Flood Plain Ordinance, and redundant definitions are
consolidated. Chair Garcia opened the floor for public comment and none was forthcoming. He added
the rules applicable to manufactured homes apply to mobile homes. The Flood Plain Administrator will
be the Director of the Department of Planning Services, instead of the County Engineer. He also
referenced overnight camping and parking for more than seven days. A reference to 'barns with
sanitary systems' was changed to 'barns with toilets', for clarification, and, lastly he mentioned
language stating the Board of Adjustment does not need to hear these appeals or variances.
Minutes, December 9, 2013 2013-3363
Page 5 BC0016
El Commissioner Kirkmeyer asked about including the language "per the Colorado Water
Conservation Flood Plain Rule". Mr. Barker replied that after August 14, 2014, these references will be
required because the County has to be in compliance with the state and federal regulations. In
response to Commissioner Kirkmeyer's inquiry about the use of FIRM versus DFIRM maps (Digital
Flood Insurance Rate Maps), Dave Bauer, Director of Department of Public Works, said the digital
maps will become the firms, but they are not yet issued and confirmed that the County has the option to
protest their designations and his department has found errors in the proposed DFIRM maps.
Commissioner Kirkmeyer stated they shouldn't be in the Code until they are complete. This language
was changed to "when the DFIRMs are adopted by the County," and noted they have been in the works
for years but are close to completion. Commissioner Kirkmeyer then questioned why the reference to
"per FEMA guidance," in Section 23-11-420.A.1.e, is necessary, saying she would prefer Weld County
use its own variance rules, and made specific reference to the words "financial hardship." Mr. Barker
noted federal regulations do not mention financial hardship, but it is included in Weld County's variance
procedure through the Board of Adjustment. Commissioner Kirkmeyer suggested consideration of
taking it out of the Code, and, and suggested taking out the entire Section 23-11-420.A.1.e referring to
FEMA guidance. She made a motion to that effect, and, seconded by Commissioner Rademacher, the
motion carried unanimously. I Mr. Barker suggested adding language to 23-11-340.B, "unless
otherwise in violation" — to make it consistent with the first part of the Chapter.
ti Mr. Barker noted the State recommends local governments enter into agreements with ditch
companies for flood control use, but he confirmed with Colorado Water Conservation Board staff that it
is just a recommendation, and not mandatory. Mr. Barker said is not wise to the have the County
negotiating between a ditch company and entities such as municipalities. Commissioner Kirkmeyer
moved to approve said Code Ordinance on second reading with the amendments approved today.
Seconded by Commissioner Conway, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2013-13 and #2013-10 were approved on First and Second
Readings, respectively.
Minutes, December 9, 2013 2013-3363
Page 6 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 10:23 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CP _COLORADO
Weld County Clerk to the Board
BY:
Deputy Clerk
Sean P. Conway
Mike Freeman
arbara Kirkmeyer
Minutes, December 9, 2013 2013-3363
Page 7 BC0016
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