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Home My WebLink About20131545.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 19, 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, June 19, 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 - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Director of Finance and Administration, Monica Mika la MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of June 17, 2013, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2013-5 by tape. Commissioner Conway seconded the motion, which carried unanimously. ER AMENDMENTS TO AGENDA: Add the following item under BIDS: 2) Approve Bid #B1300089, SUV-Large 4x4 Vehicle (CNG) — Platte Valley Fire Protection District, and the following item under NEW BUSINESS: 5) Consider Contract to Buy and Sell Real Estate and authorize Chair to sign any necessary documents — City of Greeley. Commissioner Conway moved to approve the amendments to the agenda. Commissioner Rademacher seconded the motion, which carried unanimously. ea CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PRESENTATIONS: a 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - MELVIN EVERHART (CON'T FROM 6/12/2013): Chair Garcia read the certificate for the record. Dave Bauer, Director of the Department of Public Works, accepted the certificate on behalf Mr. Everhart and stated he worked for 26 and a half years and was one of the best. He innovated new systems, oversaw a $6.5 million budget, worked very long days and will be sorely missed. Commissioner Conway noted Mr. Everhart Minutes, June 19, 2013 2013-1545 Page 1 BC0016 will now be working with his son building a business, and he was a perfect example of "Team Weld County." The Board concurred. 2) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - JAMES STELMACK (CON'T FROM 6/12/2013): Chair Garcia read the certificate for the record. Mr. Bauer thanked Mr. Stelmack for his service and said that he spent 10 years with Weld County, code name Bravo 23. He did great work and will also be sorely missed. Commissioner Conway noted lots of praise for Mr. Stelmack came from the general public. a---' PUBLIC INPUT: Doug Meyer, County resident, said he attended the Milliken Trail Meeting, where Bob Seams spoke on resource conservation, public -use, trail connectivity, conservation easements and land trusts. Mr. Meyer said that he spoke in regard to conservation easements and how they reduce property values. He said that sustainable growth in rural communities is a buzzword for Smart Growth; whenever donations are mentioned it means that you can't get a USR unless you donate land, and referred to overburdensome regulations and takings of ground water. He said rural landowners will be burdened and the municipalities will benefit and the Smart Growth program is unconstitutional. He also referred to the October 2008 revision of the Weld County Comprehensive Plan, the DOLA website, and the use of Coordination. la Changing the subject, Mr. Meyer said the City of Greeley is expanding the Poudre ponds and have been pumping groundwater out for the last four months. He is wondering how this will affect the H.B.12-1278 study of the interaction of the South Platte alluvial aquifer by the Colorado Water Institute at Colorado State University and what they are doing with the water. Commissioner Rademacher said the gravel companies do that constantly, and it does lower the water table. He said it will be interesting to see if they take these factors into account when they do the study. Commissioner Conway said Reagan Waskom from Colorado State University did a preliminary report for the House Agriculture Committee and some of the data was interesting; it should be published before the end of the year. Commissioner Conway said he was actually pleased with the data so far and when Mr. Waskom comes to present at a work session Mr. Meyer is invited to attend. COMMISSIONER COORDINATOR REPORTS: Commissioner Radmacher said 20 people attended the third showing of the movie "Frack Nation" in Erie. Commissioner Conway thanked Elizabeth Relford and Janet Carter for their Department of Public Works presentation on current projects and clean energy — given Monday night at the Weld County Council Meeting. He also thanked Roy Rudisill, who went to assist the Emergency Operations Center overseeing the Black Forest Wildfire, which is now under containment. He said Weld County will always help our neighbors, and all our departments stand ready to assist. On Friday, Commissioner Conway spoke to the Colorado Mineral Owners Association; he said the 500 people in attendance were impressed with how Weld County handles oil and gas. He also mentioned that he and Commissioner Freeman were in the annual parade in Grover and invited everyone to go the Flag Day festival in Nunn, put on by the High Plains Historical Society — June 14, 2013, at 1:30 p.m., in Nunn Park. BIDS: 1) PRESENT BID #B1300070, CENTENNIAL HIGHWAY SIGNS - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, introduced this bid with two vendors. It will be brought back before the Board for approval on July 3, 2013. Elizabeth Relford, Department of Public Works, said Upper Front Range transportation grant funds paid for a large percentage of this project and she gave a brief overview of the signs' locations, styles and sizes; there will be at least 60 signs. In response to Chair Garcia, she explained that Weld County's sign shop did not make the signs because CDOT is a partner and will be installing them; Weld County took the lead as the project manager. She Minutes, June 19, 2013 2013-1545 Page 2 BC0016 noted the signs were bid under budget. Commissioner Conway stated this has been a multi -year project involving several communities promoting U.S. Highway 85 (aka Centennial Highway). 2) APPROVE BID #61300089, SUV-LARGE 4X4 VEHICLE (CNG) - PLATTE VALLEY FIRE PROTECTION DISTRICT (CON'T FROM 6/17/2013): Mr. Jiricek noted that no bids were received on this vehicle, so Ms. Relford subsequently solicited two bids, and staff and the Platte Valley Fire Protection District recommend the low bid from John Elway Chevrolet, in the amount of $46,801. Commissioner Rademacher moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: a 1) CONSIDER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) COMPLIANCE CERTIFICATES AND AUTHORIZE CHAIR TO SIGN: Tina Booton, Department of Public Work, Pest and Weed Division, explained that this is a new program under the Clean Water Act; the certificate goes through June 16, 2014, and provides the State with the information they need to be in compliance with the EPA at the Federal level. A follow-up will be done at the end of the year to evaluate the accuracy of the numbers. Commissioner Freeman moved to approve said compliance certificates and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. Commissioner Conway noted this is a requirement mandated by the federal government and the County must comply. a 2) CONSIDER APPROVE PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ORR LAND COMPANY: Brad Yatabe, Assistant County Attorney, said this is another contract for entertainment at the 2013 Weld County Fair for a hosted barbecue competition. The County will provide space and tables and the company will do the rest. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion and it carried unanimously. BR 3) CONSIDER AGREEMENT FOR GENERAL RELEASE OF ALL CLAIMS AND AUTHORIZE CHAIR TO SIGN - GERRARD EXCAVATING, INC.: Bruce Barker, County Attorney, explained that Gerrard Excavating, Inc., paved a portion of CR 13 and extra money was spent, as appropriate, to do the job properly to tie into U.S. HWY 34. They then asked for reimbursement in 2010 because they felt they should not have had to do that, and the Board made the offer of paying the difference from the original amount agreed to in the Improvements Agreement - eventually they agreed to the offer of road improvement credits, in the amount of $98,000, in exchange for a full and complete release, so that is what is before the Board today. Mr. Barker detailed the causes for the delay in this matter. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded the motion and it carried unanimously. ei 4) FIRST READING OF CODE ORDINANCE #2013-5, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 HUMAN RESOURCES, CHAPTER 5 REVENUE AND FINANCE, AND CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Esther Gesick, Deputy Clerk to the Board, detailed the code changes in Chapter 2. There was some discussion of accepting electronic signatures. Mr. Yatabe detailed the remaining code changes and explained that the section on the Office of Emergency Management is a brand new section, as is Continuity of Government. No public testimony was offered concerning this matter. Commissioner Conway suggested scheduling a work session before the third reading. Commissioner Freeman moved to approve said code ordinance on first reading. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Minutes, June 19, 2013 2013-1545 Page 3 BC0016 IER 5) CONSIDER CONTRACT AND ADDENDUM TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS — CITY OF GREELEY: Mr. Barker explained the City of Greeley wishes to buy this piece of property, referred to as the 59th Avenue property for the purpose of open space; part of the cost will be covered by Great Outdoors Colorado (GOCO) grant funds. He reviewed the history and noted they will pay for title insurance and there will be no closing costs for the County. In reponse to Commissioner Conway, Mr. Barker stated that The Dill Farm Property and State HWY 252 and CR 57 agreements (unrelated) are pending. Monica Mika, Director of Finance and Administration, said this was a good example of a collaboration between the State, the County and the City of Greeley; although it took longer than anticipated, it will benefit the citizens of Weld County. Commissioner Conway concurred and said this sale also spurred discussion on other items which could be beneficial, and he thanked staff for their work. Ms. Mika said this is a good example of how communities can aquire open space while respecting private property rights. Chair Garcia said that four years ago Mr. Bauer brought up how to use this property and he is glad he could see it come to resolution. Commissioner Conway moved to approve said contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2013-5 was approved on first reading. 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 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELg2fljJNTY,COLORADO Weld ounty Clerk to the BY: Deputy to the Sean P. Conway Mike reeman EXCUSED Barbara Kirkmeyer Minutes, June 19, 2013 2013-1545 Page 4 BC0016 Hello