HomeMy WebLinkAbout20123134.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 5, 2012
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, November 5, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 31, 2012, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on October 31, 2012, as follows: 1) USR12-0047 - Douglas and Deborah Duggan,
2) USR12-0044 - Leonard and Janyce Harms, 3) USR12-0042 - O and M Harms, LLC, and
4) MINF12-0001 - Big Thompson Investment Holdings, LLC. Commissioner Rademacher seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
E9 PRESENTATIONS:
1) RECOGNITION OF SERVICES, FAIR BOARD - SCOTT PRUETT: Chair Conway read the
certificate recognizing Mr. Pruett for his time of service.
\� Minutes, November 5, 2012 2012-3134
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BIDS:
El 1) PRESENT BID #1200159, DFO/NINHYDRIN DEVELOPMENT CHAMBER - SHERIFF'S
OFFICE/REGIONAL FORENSIC LAB: Monica Mika, Director of Finance and Administration, presented
the bid. Ron Arndt, Crime Lab Director, explained the purpose of the equipment and answered
questions from the board regarding the uncertainty as to why only one bid submittal was received.
NEW BUSINESS:
E 1) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - MOUNT ST. VINCENT HOME, INC.: Judy Griego, Director, Department of Human
Services, reviewed the terms of the agreement. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
El 2) CONSIDER COURT SECURITY GRANT CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN ELECTRONICALLY - COLORADO SECURITY COMMISSION, C/O COLORADO COURT
ADMINISTRATOR'S OFFICE: Ms. Mika reviewed the provisions of the contract for new equipment to
be used in the courts and answered questions from the Board regarding the difference in what was
applied for, versus what was awarded. Following discussion, Commissioner Rademacher moved to
continue the matter to November 7, 2012, to allow additional time to review the breakdown of what will
be purchased. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 3) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barbara Connolly,
Controller, reviewed the listed equipment. Commissioner Garcia moved to declare said equipment as
surplus and approve the sale of same at auction. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
E5 4) CONSIDER ADDENDUM #17 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - COLORADO TECHNICAL SERVICES, INC. (CTSI): Ms. Mika reviewed the terms of this
Addendum, which reflects a reduction in cost. Commissioner Rademacher moved to approve said
addendum and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it
carried unanimously.
E5 5) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — CALLAN RIEDEL: Commissioner Garcia moved to approve said appointment.
Commissioner Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved. There being no further business, Chair Conway
adjourned the Board of Commissioners meeting at 9:21 a.m.
Minutes, November 5, 2012 2012-3134
Page 2 BC0016
BOARD OF HEALTH
OLD BUSINESS:
El 1) CONSIDER ABATEMENT OF NUISANCE CONDITION ON PROPERTY FOR WHICH M.
SHAPIRO DEVELOPMENT COMPANY IS THE APPOINTED RECEIVER - C.R.S. 25-1-518 (CON'T
FROM 10/19/2012): Steve Whitmore, Attorney, represented the property owner and indicated his client
was unable to attend today's hearing due to a conflict with a previously scheduled court hearing which
is being held out-of-state. He addressed questions from the Board regarding the work completed to
this point, and the Board discussed options for continuance dates. Commissioner Garcia disclosed that
he visited the site on October 26, 2012, with Trevor Jiricek, Director of General Services; however, his
observations do not affect his ability to hear the matter and make an impartial decision. In response to
Chair Conway, Mr. Barker agreed it would be appropriate to continue the matter to next Tuesday, as
well as receive testimony from the State representatives who are present today, with the potential to
take action today.
Mary Evett, Department of Public Health and Environment, introduced the matter and displayed
aerial maps and photographs of the site taken on October 22, 26, 29, and 31, and November 2, 2012,
indicating the directed work has not been done. She also reviewed her discussion with the licensed
pumper who put up the caution tape but did not do any pumping due to suspicion that there are broken
lines leading to the leach field. His primary purpose for being called to the site was to clean up a water
line break under one of the mobile homes. She responded to questions from the Board indicating she
did observe moisture outside the property boundary to the east, but not in the ditch. She will forward
her photographs taken this morning, showing no change.
El In response to the Board, Mr. Barker indicated the original Abatement Order clearly stated certain
actions to be accomplished within seven (7) days.
e Brett Icenogle, Engineer with the Colorado Department of Public Health and Environment,
reviewed what actions have been taken by the State and indicated they are in complete agreement with
the Order of the Board. IE Commissioner Kirkmeyer addressed various points within the State's
documents and expressed concern with prolonging the situation which is unsafe and unsanitary for
residents of Weld County. Mr. Icenogle responded with options to ensure the work is done
immediately, which would require a work order and a lien on the property, which the State would
support. He also gave an additional summary of additional actions which took place which were not
documented in the letter. He further stated there are acute health risks and immediate action is
necessary.
e Doug Camrood, Engineer with the Colorado Department of Public Health and Environment,
indicated the Site Application process began in 2008. He gave a brief overview of the site conditions at
that time and what actions were taken. Responding to questions, Mr. Camrood and Ms. Evett agreed
the appropriate action would be to pump down the system before any repairs can be made.
e Commissioner Garcia reported his observations while at the site.
No public testimony was offered concerning this matter.
e Mr. Whitmore clarified a continuance does not reflect the Receiver's intention to postpone
addressing acute health conditions; however, he reiterated the court-ordered position the Receiver has
been put in. He submitted copies of invoices for work done at the site during the past two weeks,
Minutes, November 5, 2012 2012-3134
Page 3 BC0016
marked Exhibits H through K. He argued there are not enough resources to satisfy the actions ordered
by the County; however, the County has the ability to do the work and place a lien on the property that
takes superior position. He also noted the foreclosing bank has not taken any ownership in resolving
the problems. In response to Mr. Barker, Mr. Whitmore stated the Receiver has not filed a motion with
the Court requesting an order of funds by Citi National Bank. He urged the Board to take the necessary
actions to protect the citizens of Weld County, recognizing there are other parties who should be held
accountable for financing and resolving the problem.
IE In response to Chair Conway and Commissioner Kirkmeyer, Mr. Whitmore confirmed to-date, the
Receiver has not requested a Court Order for the release of funds, and he also explained the rental
funds have been used to pay vendor receipts for improvements, not just cover administration costs. He
further stated the Consent Agreement was entered into by the Receiver; however, he did not agree to
the Abatement Order. Commissioner Kirkmeyer clarified the Consent Agreement was with County
staff, and not the Board of Commissioners, who subsequently made an Abatement Order, and there is
no such agreement with the State.
e Mr. Barker stated the key question is - will the amount coming in from rents ever be enough to
remedy the work necessary to allow people to continue to reside on the property. He indicated the
State has the authority to seek an injunction, but not to directly tackle the nuisance situation, which is
what the Board is considering.
ID In response to Commissioner Kirkmeyer, Mr. Barker stated the County can intervene in the case
to try and get the court to order Citi National Bank to pay for incurred expenses. He stated the work
needs to take place so a specific amount may be requested, with the option to continue into the future.
Commissioner Garcia commented if good steps had been taken and improvements observed, he may
have considered a continuance; however, that is not the case and he is not willing to allow further
continuance in this matter.
ID Commissioner Kirkmeyer moved to find there is evidence of an acute health situation imposing
risk to humans, as evidenced by the Colorado Department of Public Health and Environment ordering a
Cease and Desist Order on November 2, 2012, and the Weld County Department of Public Health and
Environment conducting numerous inspections documenting the need to complete actions previously
ordered by the Board to cleanup and abate the nuisance that is present. Further, the motion instructed
the County Attorney's Office to file a motion with the Court to allow the County to intervene and
complete the necessary work to remedy the situation and request an order from the Court requiring Citi
National Bank to pay the costs. Mr. Barker clarified the Order should be specific so that any expenses
incurred will become a lien on the property on a continuing basis. Commissioner Kirkmeyer stated she
appreciates the position of the Receiver; however, the additional action taken by the County is the only
way to protect the welfare of the citizens. Commissioner Long agreed with the moral and common
sense responsibility to clean up the site to address the immediate health threat. Commissioner
Rademacher stated he is still disappointed with the State for not resolving this situation prior to the
foreclosure and he supports the County doing what needs to be done. Chair Conway stated the
County has an obligation to ensure the public health and safety, and Citi National Bank has a financial
obligation to remedy the situation, which apparently will need to be forced through District Court. He
indicated it is unfortunate that it took a letter to the Governor before the State Health Department
became fully engaged. Following discussion, the Board encouraged regular updates from staff and the
Receiver of the progress being made. There being no further discussion, the motion carried
unanimously.
Minutes, November 5, 2012 2012-3134
Page 4 BC0016
Let the Board of Commissioners and Board of Health 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 busines eting was adjourned at 10:45 a.m.
14 it '� BOARD OF COUNTY COMMISSIONERS
• WELD COUNTY, COLORADO
1861 1S2 e____-:-�
A 0Mtisi .
Sean P. CQ air CS
Weld Co my Clerk to the �� �
: (�
I F. Garcia, Pro- m
BY:
Deputy Cle o the Board ti. k_/7c
,Barba Kirkmeyer z` j cj
David E. Long n�
D. uglats Rademac er
Minutes, November 5, 2012 2012-3134
Page 5 BC0016
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