HomeMy WebLinkAbout20110716.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 14, 2011
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
Centennial Center, Greeley, Colorado, March 14, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 9, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2011-5
by tape. Commissioner Conway seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 8, 2011, as follows: 1) Violation Hearings. Commissioner Garcia
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 Long moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #B1100028, GEOTECHNICAL TESTING SERVICES - DEPARTMENT OF PUBLIC
WORKS: Barb Connolly, Controller, stated several vendors submitted bid proposals, which the
Department of Public Works is reviewing, and the bid will be presented for approval on March 28, 2011.
Minutes, March 14, 2011 2011-0716
Page 1 BC0016
PRESENT BID #61100041, GIESERT GRAVEL PIT SLURRY WALL DESIGN AND CONSTRUCTION
PROJECT - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly stated several bid proposals were
submitted, which the Department of Public Works is reviewing, and said bid will be presented for
approval on March 28, 2011.
APPROVE BID #61100045, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly stated staff is recommending approval of the low bid from Ennis Paint, Inc., for the traffic
paint, in the amount of $200,245.00; and the low bid from Potters Industries, Inc., for the glass beads,
in the amount of $34,848.00. Commissioner Rademacher moved to approve the low bids from Ennis
Paint, Inc., and Potters Industries, Inc., based on staff's recommendations. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2, S28, T5N, R61W: Ms. Connolly
stated no bids were submitted for this lease. In response to Chair Kirkmeyer, Bruce Barker, County
Attorney, indicated the appropriate motions would be to either not accept any bids, since none were
submitted, or to re-bid the parcel. Commissioner Rademacher moved to re-bid the lease.
Commissioner Conway seconded the motion, and it carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4NE1/4, S10, T3N, R63W:
Ms. Connolly stated Marathon Oil Company was the sole bidder for this lease, and it submitted a bid in
the amount of $4,026.00 per net mineral acre, for a total bid amount of $161,040.00. She stated the
parcel is 40 acres in size. Commissioner Rademacher moved to approve the sole bid from Marathon
Oil Company, in the amount of $4,026.00 per net mineral acre, for a total of $161,040.00. Seconded by
Commissioner Conway, the motion carried unanimously. (Clerk's Note: Ms. Connolly mistakenly
referred to Marathon Oil Company as Mammoth Oil; however, the correct name of the company is
Marathon Oil Company.)
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4NE1/4, S10, T3N, R63W:
Ms. Connolly stated Marathon Oil Company submitted the sole bid, in the amount of $4,026.00 per net
mineral acre, for a total bid amount of $161,040.00. She stated the parcel is 40 acres in size.
Commissioner Conway moved to approve the sole bid from Marathon Oil Company, in the amount of
$4,026.00 per net mineral acre, for a total of $161,040.00. Seconded by Commissioner Rademacher,
the motion carried unanimously. (Clerk's Note: Ms. Connolly mistakenly referred to Marathon Oi/
Company as Mammoth Oil; however, the correct name of the company is Marathon Oil Company.)
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2NE1/4, S10, T3N, R63W:
Ms. Connolly stated Marathon Oil Company submitted the sole bid, in the amount of $4,026.00 per net
mineral acre, in the amount of $322,080.00. She stated the parcel is 80 acres in size. Commissioner
Conway moved to approve the high bid from Marathon Oil Company, in the amount of $4,026.00 per
net mineral acre, for a total of $322,080.00. Seconded by Commissioner Garcia, the motion carried
unanimously. (Clerk's Note: Ms. Connolly mistakenly referred to Marathon Oil Company as Mammoth
Oil; however, the correct name of the company is Marathon Oil Company.)
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S26, T4N, R63W: Ms. Connolly
stated Marathon Oil Company submitted the sole bid, in the amount of $4,026.00, for a total amount of
$644,160.00. She stated the parcel is 160 acres in size. Commissioner Garcia moved to approve the
high bid from Marathon Oil Company, in the amount of $4,026.00 per net mineral acre, for a total of
$644,160.00. Seconded by Commissioner Conway, the motion carried unanimously. (Clerk's Note:
Ms. Connolly mistakenly referred to Marathon Oil Company as Mammoth Oil; however, the correct
name of the company is Marathon Oil Company.)
Minutes, March 14, 2011 2011-0716
Page 2 BC0016
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - N1/2SE1/4NE1/4, S23, T7N, R63W:
Ms. Connolly stated two (2) companies submitted bids for this parcel; Lonetree Energy and
Associates, LLC, and Baseline Minerals, Inc. She stated the bid from Lonetree Energy and Associates,
LLC, is $750.00 per net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00 per net
mineral acre. She stated the parcel size is 20 acres.
Patrick Lynch, Lonetree Energy and Associates, LLC, declined to participate in the oral auction.
Commissioner Conway moved to approve the high bid from Baseline Minerals, Inc., in the amount of
$2,250.00 per net mineral acre, for a total of $45,000.00. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2SE1/4NE1/4, S23, T7N, R63W:
Ms. Connolly stated two (2) companies submitted bids for this parcel; Lonetree Energy and
Associates, LLC, and Baseline Minerals, Inc. She stated the bid from Lonetree Energy and
Associates, LLC, is $750.00 per net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00
per net mineral acre. She stated the parcel size is 20 acres. Mr. Lynch declined to participate in the
oral auction. Commissioner Rademacher moved to approve the high bid from Baseline Minerals, Inc.,
in the amount of $2,250.00 per net mineral acre, for a total of $45,000.00. Seconded by Commissioner
Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - W1/2NE1/4, S23, T7N, R63W:
Ms. Connolly stated two (2) companies submitted bids for this parcel; Lonetree Energy and Baseline
Minerals, Inc. She stated the bid from Lonetree Energy and Associates, LLC, is $750.00 per net
mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00 per net mineral acre. She stated
the parcel size is 80 acres. Mr. Lynch declined to participate in the oral auction. Commissioner
Conway moved to approve the high bid from Baseline Minerals, Inc., in the amount of$2,250.00 per net
mineral acre, for a total of $180,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4NE1/4, S23, T7N, R63W:
Ms. Connolly stated two (2) companies submitted bids for this parcel; Lonetree Energy and
Associates, LLC, and Baseline Minerals, Inc. She stated the bid from Lonetree Energy and
Associates, LLC, is $750.00 per net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00
per net mineral acre. She stated the parcel size is 40 acres. Mr. Lynch declined to participate in the
oral auction. Commissioner Rademacher moved to approve the high bid from Baseline Minerals, Inc.,
in the amount of$2,250.00 per net mineral acre, for a total of $90,000.00. Seconded by Commissioner
Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S23, T7N, R63W: Ms. Connolly
stated two (2) companies submitted bids for this parcel; Lonetree Energy and Associates, LLC, and
Baseline Minerals, Inc. She stated the bid from Lonetree Energy and Associates, LLC, is $750.00 per
net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00 per net mineral acre. She
stated the parcel size is 160 acres. Mr. Lynch declined to participate in the oral auction. Commissioner
Conway moved to approve the high bid from Baseline Minerals, Inc., in the amount of $2,250.00 per net
mineral acre, for a total of $360,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S23, T7N, R63W: Ms. Connolly
stated two (2) companies submitted bids for this parcel; Lonetree Energy and Associates, LLC, and
Baseline Minerals, Inc. She stated the bid from Lonetree Energy and Associates, LLC, is $750.00 per
net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00 per net mineral acre. She
stated the parcel size is 160 acres. Mr. Lynch declined to participate in the oral auction. Commissioner
Minutes, March 14, 2011 2011-0716
Page 3 BC0016
Conway moved to approve the high bid from Baseline Minerals, Inc., in the amount of$2,250.00 per net
mineral acre, for a total of $360,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S23, T7N, R63W: Ms. Connolly
stated two (2) companies submitted bids for this parcel; Lonetree Energy and Associates, LLC, and
Baseline Minerals, Inc. She stated the bid from Lonetree Energy and Associates, LLC, is $750.00 per
net mineral acre, and the bid from Baseline Minerals, Inc., is $2,250.00 per net mineral acre. She
stated the parcel size is 160 acres. Mr. Lynch declined to participate in the oral auction. Commissioner
Rademacher moved to approve the high bid from Baseline Minerals, Inc., in the amount of $2,250.00
per net mineral acre, for a total of $360,000.00. Seconded by Commissioner Conway, the motion
carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - N1/2: SW1/4, S27, T7N, R63W:
Ms. Connolly stated three (3) companies submitted bids for this parcel; Bayswater Exploration and
Production, LLC, for $400.00 per net mineral acre; Lonetree Energy and Associates, LLC, for $750.00
per net mineral acre; and Baseline Minerals, Inc., for $2,250.00 per net mineral acre. She stated the
bid from Bayswater Exploration and Production, LLC, is not within 10 percent of the high bid; therefore,
it is unable to participate in the auction. Mr. Lynch declined to participate in the oral auction. She
stated the parcel is 480 acres in size. Commissioner Rademacher moved to approve the high bid from
Baseline Minerals, Inc., in the amount of $2,250.00 per net mineral acre, for a total of $1,080,000.00.
Seconded by Commissioner Garcia, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN WELD
COUNTY CHAMBERS TRACTS SUBDIVISION WATER AND SEWER LOCAL IMPROVEMENT
DISTRICT NO. 2003-1 (CON'T FROM 3/09/11): Bruce Barker, County Attorney, stated back in
December, 2008, a Local Improvements District was created to complete sewer connections and other
necessary projects. He stated when a Local Improvements District is created, the cost is divided
among the parties which are benefiting from the improvements, and up to 10 years may be provided to
pay the expense, according to statute. He indicated Manuel Gonzales and Gloria Bustamonte have
paid their portion of the expense; therefore, it is requested that the Board approve the release of the
liens, in order to have this information updated on the property title for when they may choose to sell
the property. Commissioner Conway moved to approve said release of liens for the described
properties located in Weld County Chambers Tracts Subdivision Water and Sewer Local Improvement
District No. 2003-1. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER THREE (3) AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department
of Human Services, stated these items were previously reviewed by the Board as "pass around" items,
along with memorandums dated January 14, 2011, and March 2, 2011, and the amendments are
necessary to stay within the Department's Core allocation for the 2010 Program Year. She stated the
amendments will decrease the funding for the agreement with Jubilee Retreat Center for Life Skills by
$5,000.00, for a new maximum amount of $90,000.00; increase the agreement with Collaborative
Services for Change, PC, for Sex Abuse Treatment/ Offense Specific Treatment by $2,000.00, for a
new maximum amount of $4,500.00; and decrease the amount of the agreement with Collaborative
Services for Change, PC, for Mental Health Services by $2,000.00, for a new maximum amount of
$2,000.00. Commissioner Garcia moved to approve said amendments and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, March 14, 2011 2011-0716
Page 4 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 6 BETWEEN CRS 17 AND 19: Janet Carter,
Department of Public Works, stated said closure will commence March 21, 2011, through March 25,
2011, in order to replace a culvert. She stated the average daily traffic count on County Road 6 is
1,123 vehicles, according to a traffic count conducted in the year 2007, and magnesium-chloride will be
used for dust control on the detour routes. She stated message boards will be utilized in advance of
the closure, and road signs and barricades will be utilized throughout the closure. Commissioner
Conway commended Ms. Carter for the hard work she accomplishes to improve Weld County's roads,
and he moved to approve said temporary closure. Commissioner Garcia seconded the motion. Chair
Kirkmeyer stated she attended a meeting with the residents of the Town of Wattenberg yesterday and
they expressed numerous questions about County Road 6, and indicated she would like Ms. Carter to
attend the next community meeting on April 16, 2011. Ms. Carter stated she would be glad to attend
the upcoming meeting to address the residents' concerns about roadways in the area. There being no
further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 17 AND 19: Ms. Carter stated this
is an emergency closure, which commenced March 10, 2011, due to a collapsed culvert, and the
closure is anticipated to last until March 17, 2011. She stated the average daily traffic count for County
Road 28 is 55 vehicles, according to a traffic count taken in the year 2006, and water will be used for
dust control on the detour route. She stated road signs and barricades will be utilized throughout the
closure. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 31 AND 33: Ms. Carter stated said
closure is scheduled to commence March 21, 2011, through April 1, 2011, in order to replace three (3)
culverts. She stated the average daily traffic count for County Road 44 is 514 vehicles, according to a
traffic count taken in the year 2009, and magnesium-chloride will be used for dust control on the
unpaved portions of the detour routes. She stated road signs and barricades will be utilized throughout
the closure. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND PURCHASE
AGREEMENT WITH CXTEC FOR PORTION OF SAID EQUIPMENT, AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS: Ms. Connolly stated this is equipment ACS (Affiliated Computer
Services) did not submit prior to the last Resolution regarding surplus property. She stated all of this
equipment is obsolete, and when ACS's equipment becomes obsolete, it is sometimes a problem
getting rid it. She stated normally the obsolete equipment would have been returned to Dell; however,
Dell was going to charge the County to accept the obsolete equipment; therefore, ACS approached
United Way, which emailed various agencies to determine whether there is a need for the equipment.
Ms. Connolly stated the equipment which CXtec has indicated it would like to accept is not needed by
any other agencies, and CXtec has requested that the Board sign an agreement indicating it is
accepting the equipment from the County at no cost. Commissioner Rademacher moved to approve
declaring said equipment as surplus property, approve said agreement, and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER VETERAN SERVICE OFFICERS MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN: Ms. Connolly indicated these are the normal Monthly Reports and
Certifications of Pay for the Veterans Office, which the Board needs to approve. Commissioner
Rademacher moved to approve said Veteran Service Officers Monthly Reports and Certifications of
Pay and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
Minutes, March 14, 2011 2011-0716
Page 5 BC0016
FIRST READING OF CODE ORDINANCE #2011-5, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 22
COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE: Elizabeth Relford, Department of Public
Works, stated this Ordinance is the result of a two (2) year planning effort, which resulted from a
recommendation in regards to the 2008 Comprehensive Plan update. She stated multiple working
group meetings, work sessions, and meetings with municipalities have been conducted, and a draft
plan was completed in January, 2011. She stated a public hearing was conducted by the Planning
Commission on March 1, 2011, and she will provide a formal presentation to the Board on April 4,
2011, at the second reading of the Ordinance. Ms. Relford stated the intent of the Ordinance is for the
Transportation Plan to be included in Chapter 8 of the Weld County Code, as well as within the
appendices and functional classification maps. She stated one (1) section will also be amended within
Chapter 22 of the Comprehensive Plan, which refers to the Transportation Plan. Chair Kirkmeyer
provided the opportunity for public testimony; however, none was given. She indicated she would like
the minutes from the Planning Commission hearing to be included with the scanned documents
accompanying the proposed Ordinance, and she inquired as to whether the Board would like any
additional work sessions to be scheduled for this Ordinance. In response to Commissioner Conway,
Ms. Relford confirmed the issues introduced at the work sessions have been addressed in the
Transportation Plan, and staff has continued collecting community comments throughout February,
2011, and she is trying to incorporate those comments into the second reading of the Ordinance;
however, she feels the issues have all been resolved. Chair Kirkmeyer stated the Board can schedule
a work session after the second reading if it has remaining concerns, and Commissioner Conway
concurred. Commissioner Rademacher moved to approve Code Ordinance #2011-5 on first reading.
Seconded by Commissioner Garcia, the motion carried unanimously.
OLD HEALTH BUSINESS:
CONSIDER SUSPENSION OR REVOCATION OF FOOD LICENSE - NUNN CAFE (CON'T FROM
1/10/11): Dan Joseph, Weld County Department of Public Health and Environment, stated on
January 10, 2011, the Board continued the hearing to today, upon staff's recommendation, in order to
allow staff to conduct two (2) additional inspections of the facility to monitor whether any repeated
critical violations were observed and whether the facility was remaining in substantial compliance. He
stated during this time Terri West has assumed control of the establishment as the manager, and the
employees associated with some of the previous violations are no longer employed by the
establishment. He stated critical violations were observed at each of the last two (2) inspections;
however, there were no repeated violations. Mr. Joseph stated one (1) of the violations included ranch
dressing being stored on a dry storage shelf, when this particular brand of ranch dressing needed to be
refrigerated; therefore, the establishment immediately disposed of the dressing. He stated all of the
violations observed were able to be corrected at the time of the inspections, the facility has
progressively improved over the last four (4) inspections, and Ms. West seems to have the
establishment under control; therefore, he is recommending the matter be dismissed. He stated
Ms. West will also be purchasing the establishment; however, the process is not complete.
In response to Mr. Joseph, Ms. West confirmed she has signed a lease agreement. Ms. West stated
Kevin Faulkner is no longer involved with the café and she has been working closely with the
Department of Public Health and Environment, including taking basic and management classes, for the
purpose of improving the establishment's inspections. She stated she has continued conducting
monthly classes for the employees and she has also sent the kitchen manager to the basic training
offered by the Department of Public Health and Environment. Chair Kirkmeyer thanked Ms. West for
attending the hearing, and she stated it is good to hear there is responsible management at the facility.
She thanked Ms. West for the efforts she is taking to ensure the public's health and safety.
Commissioner Long indicated he is pleased, he is looking forward to eating at the establishment, and
he thanked Ms. West for remedying the situation. Commissioner Conway concurred with Chair
Minutes, March 14, 2011 2011-0716
Page 6 BC0016
Kirkmeyer and Commissioner Long's comments. Commissioner Long moved to dismiss the matter,
based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2011-5 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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COOLOADO
ATTEST:
arbara Kirkmeyer, Glair
Weld County Clerk to the B?:r.
. p
i f:= an Co Pro-Tem
Deputy Clerk to the Board N _' •4
• iam F. Garcia
AP O M: CbAci
Davi E. Long
unty Attorney �R i'
Dougla Rademac er
Minutes, March 14, 2011 2011-0716
Page 7 BC0016
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