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HomeMy WebLinkAbout20131155.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 8, 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 8, 2013, at the hour of 9:00 a.m. la 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 Conway moved to approve the minutes of the Board of County Commissioners meeting of May 6, 2013, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, County resident, spoke in reference to whether or not the Governor will sign SB 252, the `renewable energy' bill. Commissioner Conway said the board sent a letter to the Governor asking him to veto SB 252 because it will be devastating to small producers. In addition, the Northern Colorado Legislative Alliance and the Greeley Chamber Agricultural Committee on behalf of the Greeley Chamber of Commerce, and others, also sent letters to the Governor asking him to veto the bill. Commissioner Conway said The Denver Post, Greeley Tribune, and others have all written editorials urging the Governor not to sign this bill because it circumvented the legislative process and primarily benefits Excel Energy to the detriment of rural Colorado. ER CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. u\' Minutes, May 8, 2013 Page 1 2013-1155 BC0016 PROCLAMATIONS: 1) WELD COUNTY PEACE OFFICER'S WEEK, MAY 12-18, 2013, AND NATIONAL PEACE OFFICER'S MEMORIAL DAY, MAY 15, 2013: Steve Reams, Weld County Sheriffs Office Bureau Chief, thanked the Board, saying this week and day are special to the members of the Weld County Sheriff's Office, especially so because of the loss of Deputy Sam Brownley in 2010. He invited the public to attend the Ceremony at 10:00 a.m. on Wednesday, May 15, 2013, at Bittersweet Park. Commissioner Conway confirmed the Board will attend and noted last year's ceremony was the dedication of the Fallen Officer's Memorial. COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported that he recently joined the Lieutenant Governor at the Boys and Girls Club for Literacy Week. He said that 25 County employees volunteered for Day of Caring through the United Way last year and the offices that were painted are now reading rooms, and the closet they worked on is now a music room. He further stated the Boys and Girls Club provides services to 1,400 youth, up to 400 a day in the summer months. Chair Garcia also noted that the entire Board attended the Colorado Oil and Gas Conservation Commission dinner and the Board looks forward to reconstituting regular meetings and future dialogue. Commissioner Rademacher also shared that at this meeting he engaged in a good discussion on water testing organization and about fines coming back to Weld County or the municipality of origin. BIDS: • 1) APPROVE BID #61300075, BOILER REPLACEMENT FOR BUILDINGS 1400 AND 1402 - BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, said staff recommends the low bid from Colorado Mechanical Services, in the amount of $38,980. Commissioner Rademacher moved to approve said bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. El 2) APPROVE BID #B1300082, SEPTIC TANKS/ISLAND GROVE LIVESTOCK BUILDING - BUILDINGS AND GROUNDS: Mr. Jiricek reported staff recommends the low bid from Buxman Excavating, LLC in the amount of $30,800. Commissioner Conway moved to approve said bid. The motion was seconded by Commissioner Freeman, and it carried unanimously. In response to Commissioner Conway, Toby Taylor, Director of the Department of Buildings and Grounds, said the goal is have this done before the end of May. • 3) PRESENT BID #B1300111, OXYGEN, ACETYLENE AND VARIOUS GASES - PUBLIC WORKS, BUILDINGS AND GROUNDS, SHERIFF'S OFFICE, HEALTH DEPARTMENT: Mr. Jiricek reported staff is reviewing bids from two vendors and the bid will be brought back to the Board for approval on May 22, 2013. NEW BUSINESS: ta 1) CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 19 AND 21: Janet Carter, Department of Public Works, reviewed the details of the emergency temporary road closure due to a culvert washout. In response to Commissioner Kirkmeyer, Ms. Carter agreed to amend the resolution to state a closure time of 10 days (versus indefinite) as required by statute. Commissioner Kirkmeyer moved to approve said temporary road closure, as amended. The motion, which was seconded by Commissioner Conway, carried unanimously. 2) CONSIDER TEMPORARY CLOSURE OF CR 110 BETWEEN CRS 89 AND 390: Ms. Carter reviewed the temporary road closure due to road damage, and noted the road is extensively used by oil and gas trucks and there is no traffic count on this road. Commissioner Conway moved to approve said Minutes, May 8, 2013 2013-1155 Page 2 BC0016 emergency temporary road closure due to road damage and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried unanimously. La 3) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 86 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MARK ROBERTS: Jennifer Petrik, Department of Public Works, said this is a project which was approved by the Board in March and staff recommends approval of this agreement. Commissioner Kirkmeyer confirmed there will be signage stating this road is not maintained by Weld County. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. El 4) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 108 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC.: Don Carroll, Department of Public Works, gave the location as east of Keota and north of New Ramer, and reviewed the details of this agreement. He said all adjacent property owners were notified and no negative responses were received; therefore, staff recommends approval. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. a 5) CONSIDER AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES AND AUTHORIZE CHAIR TO SIGN - AMERICAN CIVIL CONSTRUCTORS, INC.: Stephanie Arries, Assistant County Attorney, explained this agreement is a required part of a mining permit; the "structures permit" covers liability for any damages/required repairs to County Road 104. Dave Bauer, Director of the Department of Public Works, said owners must be notified if any mining is done within 200 feet of a structure, and this acknowledges their responsibility. Commissioner Rademacher asked if there is a trigger on how close is too close, and Mr. Bauer responded that legally they could come right up to the right-of-way, but practically speaking they will not. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion and it carried unanimously. a 6) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barbara Connolly, Controller, said three assets are being sent to auction: two commercial lawnmowers and a service truck. In response to Commissioner Conway, Ms. Connolly said that these items had not been offered to smaller municipalities. Commissioner Kirkmeyer suggested that policy on notifying municipalities of the availability of these items needs to be changed. Commissioner Conway concurred, and suggested a work session to discuss this issue. Commissioner Conway moved to approve said declaration and authorize the sale at auction. Seconded by Commissioner Rademacher, the motion carried unanimously. 7) CONSIDER APPOINTMENT OF TISA JUANICORENA AS DEPUTY CLERK TO THE BOARD: Esther Gesick, Deputy Clerk to the Board, introduced Tisa Juanicorena as the new part-time Deputy Clerk to the Board. Ms. Juanicorena said a little bit about herself. Commissioner Kirkmeyer moved to approve said appointment. The motion, which was seconded by Commissioner Conway, carried unanimously. Minutes, May 8, 2013 2013-1155 Page 3 BC0016 8) CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR JUNE 5, 2013: Commissioner Kirkmeyer moved to approve said cancellation. The motion was seconded by Commissioner Conway, and it carried unanimously. The cancellation allows the Commissioners to attend the Colorado Counties, Inc. (CCI) Conference and attend work sessions on their policies. Commissioner Kirkmeyer said there are many reasons why attendance at CCI is useful, and noted that due to her position as CCI's appointee on the Child Welfare Allocation Committee, Weld County has received additional funds, and this year there will most likely be an increase as well. She also noted they will have the opportunity to talk to the Executive Director of Health Care Policy and Finance, the Executive Director of Human Services and the Governor of Colorado. Commissioner Conway said that attending also gives Weld County a voice at the table, he mentioned that he chairs the General Government Committee and noted that the Commissioners influenced CCI to oppose the recent oil and gas setback bill. la PLANNING: 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1584 -GERRARD FAMILY LIMITED PARTNERSHIP, LLLP: Rich Hastings, Department of Public Works, said the property is located on the east side of CR 13, south of U.S. Highway 34, and northeast of Johnstown. He said roadway, drainage, fencing and landscaping have all been completed properly and staff recommends release. Commissioner Conway moved to approve said cancellation and release of collateral. Seconded by Commissioner Kirkmeyer, the motion 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. There being no further business, this meeting was adjourned at 9:50 a.m. Weld County Clerk to the Boa BY: Deputy Clerk t•' e Board BOARD OF COUNTY COMMISSIONERS Li ' ��UNTY, COLORADO Sean SP. Conway Mire Freeman i , / hheroo / Barbara Kirkmeyer Minutes, May 8, 2013 Page 4 2013-1155 BC0016 Hello