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Home My WebLink About20132863.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 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, October 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 - EXCUSED Commissioner Sean P. Conway - EXCUSED 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 Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of October 7 and 8 (9:00 a.m. and 2:30 p.m.), 2013, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. IR AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add, under Miscellaneous, item 4) Consider Agreement for Construction Services and Notice of Award for Emergency Repairs for Bridge 13/26A — Northern Colorado Constructors, Inc. (Bid #61200177) [2013-2858]. Seconded by Commissioner Freeman, the motion carried unanimously. (Clerk's Note: Commissioner Conway present at 9:05.) a CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. II PUBLIC INPUT: No public input was given. COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated that the South Platte Round Table has taken emergency action to respond to flood damages, contributing $150,000 to support a plan by the Colorado Water Conservation Board to give small grants to ditch companies, agricultural entities and individuals not covered by FEMA (there has to be a municipal component to receive funding) for repairs such as damaged head gates, with a total amount available of approximately $1.6 million. In addition, he noted that the Northern Colorado Water District Minutes, October 9, 2013 2013-2863 Page 1 BC0016 Conservation Board is administering loans (capped at $100,000) at low interest rates for the same purpose. E Commissioner Kirkmeyer reported on last Friday's meeting with Colorado Counties, Inc. (CCI). She said she and Commissioner Conway were successful in getting the policy statements changed; The Agricultural, Wildlife, and Rural Affairs Steering Committee policy statement now has a reference, directed at Senate Bill 252, that they "oppose renewable energy mandates, especially when they put undue fiscal burden on rural and agricultural users," which passed nearly unanimously. She said should such legislation come up again CCI's lobbyist will be prepared to oppose it. She related that support for the Phillips County proposal (to have representation based on geographic location versus population) passed by a 24/19 vote, with those in favor including Jefferson and El Paso. Commissioner Conway addressed an article in today's Greeley Tribune, marked as Exhibit A, regarding a letter requesting the Weld County Council to "investigate the powers and authority of the Board of County Commissioners to advocate, investigate and initiate the secession of Weld County from the State of Colorado," from Greeley attorneys Robert A. Ruyle, Stow Witwer, and Chuck Dickson. Commissioner Conway said actions taken by the Board have been in response to the citizens of Weld County, so he welcomes the opportunity to explain the legal argument for putting this measure on the ballot. He referred to the letter as an "intimidation tool" to try and silence the Commissioners, and said he was distressed by the article's intimation that the Board is not respectful of citizens, which is not true. El Commissioner Kirkmeyer concurred that this specious letter is intended to intimidate, quoting the article, and noting that the question on the ballot is asking the citizens to give direction on the question of succession - which is well within the Board's authority. Commissioner Freeman concurred, saying he was elected as an advocate, so allowing citizens to have a voice about the structure of their government is exactly what he was elected to do. Commissioner Conway referred to Colorado Revised Statute 30-11-107, which proscribes the powers of a Board of County Commissioners. BIDS: e 1) APPROVE BID #B1300156, BRIGGSDALE WELL STORAGE TANK EXPANSION - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, reported there were five eligible vendors, only one proposal was received, and staff recommends approval of the low bid from E.T. Technologies, Inc., in the amount of $125,065. He said he and Clay Kimmi, Department of Public Works, examined a similar bid from 2010 and determined this is competitive pricing and within budget. In response to Chair Garcia, he confirmed they went with bid Option B. Commissioner Freeman moved to approve said bid, as recommended by staff. Commissioner Kirkmeyer seconded the motion, which carried unanimously. NEW BUSINESS: IR 1) CONSIDER COURT SECURITY GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN ELECTRONICALLY - COLORADO COURTS SECURITY COMMISSION, C/O COLORADO COURT ADMINISTRATOR'S OFFICE: Monica Mika, Director of General Services, stated this has been vetted by department representatives, and the Nineteenth Judicial District Local Security Team (LST), who worked collaboratively with the goal of improving the security of the Courts for everyone's safety. Commissioner Conway thanked everyone who sits on this committee. Commissioner Freeman moved to approve said application and authorize the Chair to sign electronically. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. El 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - AMANDA PEEK LARSON: Bruce Barker, County Attorney, explained this position has previously been full-time for child support enforcement, but Ms. Larson has streamlined the process, reducing the time needed and potentially saving the County $20,000 to $30,000 each year. He said Minutes, October 9, 2013 2013-2863 Page 2 BC0016 she will be contracted to replace Ryan Farr, who left to go into private practice. Commissioner Conway noted Ms. Larson's track record is excellent. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. le 3) CONSIDER AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - LOLOFF CONSTRUCTION, INC.: Mr. Barker stated these agreements arise when there is a private mining operation within 200 feet of the Poudre Trail or a county road, pursuant to the regulations of the Division of Minerals and Geology, for indemnification in the event of damages, and recommended approval. This mine is within 200 feet of County Road 41.5. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, 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 recessed at 9:35 a.m., until Thursday, October 10, 2013 at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COTY, COLORADO etWat.s3).:-•ssticeLk...-. Weld County Clerk to the Board BY: Deputy titAtii 4' In". tTerk to the Bo., William a, Chair EXCUSED Douglas Rademacher, Pro-Tem a -- Sean P. Conway Mike,Freeman Mike,Freeman rbara Kirkmey r Minutes, October 9, 2013 2013-2863 Page 3 BC0016 3reeley attorneys question legality of Weld commissioners advocating for 51st state I GreeleyTribune.com Page 1 of Hi Weld County Commissioners I My Account I Logout Trending: • Poor in Greeley. Evans have hard time staving fit, healthy • Greeley man feelin' the need — the need for speed Weld County flood victims receive $7 million in federal assistance Greeley girl organizes 5K race for Weld County's flood victims Creating 51st state would leave Colorado in better shape financially Serving Greeley and Weld County, CO capturemycoloraclo UY NOW ). • News • Sports • Entertainment • Marketplace News Analisa Romano aromano(agreelevtribune.com October 8, 2013 Greeley attorneys question legality of Weld commissioners advocating for 51st state Three Greeley attorneys are questioning whether Weld County commissioners have the authority to initiate the 51st state movement, calling on the Weld County Council to investigate the issue. In a letter sent on Monday to Don Mueller, chairman of the Weld County Council, the three attorneys — Robert Ruyle, Stow Witwer and Chuck Dickson — say the Colorado Constitution gives citizens the authority to alter their form of government, but no such authority is granted to county commissioners. "We have reviewed the Colorado Constitution, the statutes of Colorado and the Weld County Home Rule Charter," the letter states. "We can find nothing in the law giving the Board of County Commissioners the power or authority to advocate, investigate or initiate the secession of Weld County from the state of Colorado." Weld County Commissioner Doug Rademacher said those claims are "totally baseless." "We obviously wouldn't be doing it if we didn't have a legal basis to do it," Rademacher said. rttn://www.greelevtribune.com/news/8434331-113/county-commissioners-weld-authority 10/9/201: 3reeley attorneys question legality of Weld commissioners advocating for 51st state GreeleyTribune.com Page 2 of their most recent action in a number of instances that he said don't necessarily fall under their authority. He said no state law or county charter outlines commissioners' authority to focus on issues outside of county affairs. Weld commissioners have said they were approached by a group of residents who asked them to start a secession movement. But Witwer said the fact that constituents approached them still doesn't grant commissioners authority to start the movement. Witwer said the November ballot question asking voters whether they would like to secede isn't an official action, but more of a poll. He said that kind of initiative has no real legal base. Weld County Attorney Bruce Barker acts as legal counsel for commissioners and the Weld County Council, so the letter asks the county council to seek a neutral attorney to investigate commissioners' authority. Mueller said on Tuesday he had not seen the letter and wished to comment after he had seen it. Barker also declined to comment until he has discussed the letter with county council members. Witwer said he agrees with the sentiment that started the 51st state proposal, which is that state legislators are not tending to the concerns of rural Coloradans. "It isn't that I reject the idea that there is some dissidence among the rural community," he said. But Witwer said he feels there are a number of logistical issues, namely water rights, that pose too many difficulties to allow the creation of a new state. He said the letter came about after he and Ruyle struck up a conversation about the 51st state movement, and the three attorneys decided a letter to the county council, which oversees commissioners, was the best way to express concern. ©2005 = 2013 Swift Communications, Inc. qtn•J/www yreelevtribune. com/news/8434331-113/county-commissioners-weld-authority 10/9/20 E ROBERT A. RUYLE 2101 24TH Si HEFT GREELEY, CO 80031-8129 (970) 032-1043 FAX (070) 052-8701 October 4, 2013 Don Mueller, Chairman Weld County Council 1150 "O" Street Post Office Box 758 Greeley, Colorado 80632 The Board of County Commissions of Weld County has recently undertaken the power to advocate the secession of Weld County from the State of Colorado. We have reviewed the Colorado Constitution, the statutes of Colorado, and the Weld County Home Rule Charter. We can find nothing in the law giving the Board of County Commissioners the power or authority to advocate, investigate or initiate the secession of Weld County from the State of Colorado. As citizens of the state of Colorado and residents of Weld County, we request that the County Council of Weld County investigate the powers and authority of the Board of County Commissioners to advocate, investigate and initiate the secession of Weld County from the State of Colorado and report to the people of Weld County the results of this investigation. It is our opinion only the people of the state have the sole and exclusive right to alter their form of their government under Article 11 Section 2 of the Colorado Constitution. We understand the County Council is represented by the County Attorney. The issue raised places the County Attorney in an unenviable position. We recommend the Council engage neutral, non political, co -counsel to assist in addressing our request. Thank you for your attention to this matter. Sincerely, Robert A. Ruyle 2101 24th Street Greeley, Colorado 80631 Stow Witwer 27397 Weld County Road 58.5 Greeley, Colorado 80631 r Chuck Dickson 1 101 48th Avenue Greeley, Colorado 80634 1514 s Hello