HomeMy WebLinkAbout20131040.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 29, 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, April 29, 2013, at the hour of 9:00 a.m.
a---- 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
2 MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 24, 2013, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
2 READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Emergency
Ordinances #247-A and #248 by tape. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
• CERTIFICATIONS OF HEARINGS: Hearings conducted on April 24, 2013: 1) USR13-0003 —
Dennis Kessler. Commissioner Rademacher moved to certify said hearing. Commissioner Conway
seconded and the motion passed unanimously.
—� AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• PUBLIC INPUT: No public input was given.
• CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
Minutes, April 29, 2013 2013-1040
Page 1 BC0016
• BIDS:
1) CONDUCT ORAL AUCTION OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED
BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - N1/2 NE1/4, S27, T9N,
R62W [2013-1008]: Barbara Connolly, Controller, explained that the person who nominated this 55
acre parcel did not want to make the minimum bid, therefore there are no bids. In response to Chair
Garcia, Ms. Connolly said that the bid will remain available until someone else comes forward.
• 2) CONDUCT ORAL AUCTION OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - NE1/4 NW1/4, S27,
T9N, R62W [2013-1009]: Ms. Connolly explained this is the same situation as the previous one; there
are no bids.
NEW BUSINESS:
1) CONSIDER COMMUNICATIONS SYSTEM AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MOTOROLA SOLUTIONS, INC.: Mike Wallace, Director of Weld County Public Safety
Communications (and Project Manager on this item of business), explained this is a two part contract
for Weld County and the 911 Emergency Telephone Service Authority Board. Weld County's portion is
$1.74 million for the new Front Range Zone Controller Switch for the radio system. In response to
Commissioner Kirkmeyer, Patrick Groom, of the E911 Board, said that the only customer identified in
the contract is Weld County, but E911 is being invoiced by Motorola for their portion of the software
being purchased and would like to enter into a separate agreement with the County in order to
distinguish between their respective purchases. Bruce Barker, County Attorney, said he and Mr.
Groom have met to discuss an agreement and Section 16.8 of the contract. Commissioner Kirkmeyer
was given assurance that this additional agreement would be pursued, then moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
• 2) CONSIDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GEN-PROBE SALES AND
SERVICE, INC.: Trevor Jiricek, Director of General Services, explained the County currently has
equipment from this vendor. He added that this will upgrade will improve efficiency in the lab, and there
is no direct cost, although kits are an indirect cost, and it ends up providing some savings.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Rademacher, the motion carried unanimously.
12 3) CONSIDER CHANGE ORDER NO. 1 FOR HUMAN SERVICES BUILDING RENOVATION
AND AUTHORIZE CHAIR TO SIGN - ROBERT SHREVE ARCHITECTS AND PLANNERS, INC.:
Toby Taylor, Director of the Department of Building and Grounds, explained this change order pertains
to the remodel of the west wing of the Human Services building. Commissioner Conway moved to
approve said change order and authorize the Chair to sign. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 40 BETWEEN CRS 39 AND 41: Janet Carter,
Department of Public Works, reviewed this temporary closure to replace a culvert. Commissioner
Freeman moved to approve the temporary closure. Seconded by Commissioner Rademacher, the
motion carried unanimously.
a 5) CONSIDER RESPONSIBLE ACCELERATION OF MAINTENANCE AND PARTNERSHIPS
(RAMP) PRE -APPLICATION FOR THE INTERSECTION OF STATE HIGHWAY 34 AND CR 49:
Minutes, April 29, 2013 2013-1040
Page 2 BC0016
Elizabeth Relford, Department of Public Works, explained that this is a pre -application, due
May 1, 2013, to the Colorado Department of Transportation (CDOT); total project cost is just over 2.2
million and the request is for 1.5 million in RAMP funds. Commissioner Conway moved to approve said
pre -application. The motion, which was seconded by Commissioner Freeman, carried unanimously.
• 6) CONSIDER RESPONSIBLE ACCELERATION OF MAINTENANCE AND PARTNERSHIPS
(RAMP) PRE -APPLICATION FOR THE INTERSECTION OF STATE HIGHWAY 392 AND CR 47: Ms.
Relford explained this is a like partnership with CDOT; the total project cost is just over 3.6 million and
the request is for 2.7 million in RAMP funds to complete the project. Commissioner Rademacher
moved to approve said pre -application. The motion, which was seconded by Commissioner Conway,
carried unanimously.
• 7) CONSIDER RESPONSIBLE ACCELERATION OF MAINTENANCE AND PARTNERSHIPS
(RAMP) PRE -APPLICATION FOR THE INTERSECTION OF U.S. HIGHWAY 392 AND CR 74: Ms.
Relford said this is the third submittal, and similar except this one is a public/private partnership. The
developer will be a contributing partner and is listed as such on the application; the total project cost is
just over 2.2 million and 1.6 million in RAMP funds is being requested to complete the project.
Commissioner Conway moved to approve said pre -application. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
• 8) CONSIDER PERMANENT NONEXCLUSIVE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE
PIPELINE, LLC: Stephanies Arries, Assistant County Attorney, said this easement allows a pipeline to
go under a small piece of County property. Commissioner Rademacher moved to approve said pre -
application. The motion, which was seconded by Commissioner Freeman, carried unanimously.
• 9) CONSIDER LICENSE AGREEMENT FOR CROSSING AND AUTHORIZE CHAIR TO SIGN -
LAST CHANCE DITCH COMPANY: Clay Kimmi, Department of Public Works, said the purpose of this
crossing is for the construction of a sub -drain under the ditch. Commissioner Freeman moved to
approve said agreement and authorize Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
• 10) EMERGENCY ORDINANCE #247-A, IN THE MATTER OF A SUPPLEMENTAL
APPROPRIATION FOR THE YEAR 2013: Don Warden, Budget Director, explained this is a little
earlier than normal due to the Communications Master Site. He detailed the net costs and the various
expenditures, as well as some reallocation of funds between projects. He said this included an
emergency roof repair, which was originally budgeted to take place sometime in the next three (3)
years. Commissioner Kirkmeyer addressed the communications center remodel; she explained the
County is improving communications Countywide and becoming independent. She said the County
needs to upgrade the zone controller before the state system upgrades and instead of spending funds
on needed repairs to the existing system. She also noted that the upcoming Fort Lupton projects will
improve safety on the roadways and for school kids. Commissioner Conway concurred and clarified
that the County is acting prudently by being proactive with this expenditure. Chair Garcia noted the
importance of the Fair Panels; this has been a multi -year project to improve the fair. Commissioner
Conway moved to approve said agreement. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
Minutes, April 29, 2013 2013-1040
Page 3 BC0016
11) EMERGENCY ORDINANCE #248, IN THE MATTER OF AN EMERGENCY ORDINANCE
WITH RESPECT TO THE BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER
AND NCMC, INC.; APPROVING THE CONTINUED LEASING OF CERTAIN HOSPITAL FACILITIES
BY THE COUNTY TO THE COLORADO HEALTH FACILITIES AUTHORITY; APPROVING THE
CONTINUED LEASING OF SUCH HOSPITAL FACILITIES BY THE COLORADO HEALTH
FACILITIES AUTHORITY TO THE BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL
CENTER AND A FIRST RESTATED LEASE; APPROVING THE INCURRENCE OF REVENUE DEBT
BY THE HOSPITAL THROUGH THE FIRST RESTATED LEASE RELATED TO THE ISSUANCE BY
THE COLORADO HEALTH FACILITIES AUTHORITY OF ITS HOSPITAL REVENUE REFUNDING
BONDS (NCMC, INC. PROJECT) SERIES 2013; APPROVING THE CONTINUED SUBLEASING OF
SUCH HOSPITAL FACILITIES BY THE HOSPITAL TO NCMC, INC.: AND ALSO MAKING OTHER
PROVISIONS IN CONNECTION WITH THE FOREGOING: Mr. Barker and Ken Schultz, Board
Executive for NCMC, Inc., explained that NCMC, Inc. is refinancing two variable rate bond issues to
avoid the constant threat of put -risk and trying to obtain a 14 year fixed-rate debt via Compass Bank.
Mr. Schultz said this will reduce risk, not incur any further maximum annual debt services and also
lower the interest rate, and, in response to Commissioner Conway, said this will put NCMC in a position
to borrow new money, thanks to quickly paying down this debt. Commissioner Conway noted that
stabilizing a long term debt and taking advantage of current market conditions is good business
practice. Commissioner Conway moved to approve said emergency ordinance. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
PLANNING:
1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR12-0056 - LEONARD AND TAMMIE BALL/BALL
RANCH, C/O NOBLE ENERGY, INC.: Rich Hastings, Department of Public Works, said this is an oil
and gas support facility, located on the south side of State Highway 14, with a performance bond
through Liberty Mutual; the Departments of Planning and Public Works recommend approval. Julie
Cozad, representative of Tetra Tech, explained the Ball site is currently under construction (mostly
drainage, grading and access), and they hope to get a percentage of their bond released soon and be
done by the end of the summer. She also invited the Commissioners to come for a tour of the finished
facilities. Commissioner Conway moved to approve said improvements agreement, accept collateral,
and authorize the Chair to sign. Commissioner Rademacher seconded the motion, and it carried
unanimously.
a 2) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR12-0057 - STEVEN AND TERESA WELLS/WELLS
RANCH, C/O NOBLE ENERGY INC.: Mr. Hastings explained this is an oil and gas support facility
located at CR 67 and 68; the Departments of Public Works and Planning recommend approval. Ms.
Cozad noted that Steven and Teresa Wells still own this property, which is leased to Noble Energy, and
the site is small. Commissioner Rademacher moved to approve said improvements agreement, accept
collateral, and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried
unanimously.
Minutes, April 29, 2013 2013-1040
Page 4 BC0016
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 9:39 a.m.
BOARD OF NTY COMMISSIONERS
WELD CO OLORADO
•
ATTEST`+A
Weld County Clerk to the B
BY: 44/444 --
Deputy Clerk the Board
Radem-c er, Pro -Tern
Sean P. Conway
Mike Freeman
rrbara Kirkmeyer
Minutes, April 29, 2013 2013-1040
Page 5 BC0016
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