HomeMy WebLinkAbout20110731 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 16, 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 16, 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 14, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, indicated he attended a meeting at UNC
(University of Northern Colorado) on Monday about agricultural water, led by John Stulp, Special Policy
Advisor to the Governor, and most of the attendees were in favor of constructing additional reservoirs
and water storage. He stated the main topic of conversation was removing the control over the
groundwater from the courts to the State engineer's control, which was supported by the Colorado
Farm Bureau, Colorado Corn Growers, Good Neighbors, and the Weld County Coordination Planning
Committee; however, no mention of the topic was included in the summary for the Governor. He stated
there was supposed to be a question and answer period; however, there were speeches given during
that time. Mr. Meyer stated there was a man from the State of Florida in attendance who indicated he
would like to construct a high-speed rail system, which is able to travel 350 miles per hour. He stated
there was another man there from Save the Poudre who is in favor of Smart Growth. He stated some
information was provided by a small County in the State of Washington concerning the Growth
Management Act, which the County is trying to overturn, and he read an article into the record
regarding the Growth Management Act and House Bill 1094 in Ferry County, Washington.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
3 - am•
Minutes, March 16, 2011 2011-0731
Page 1 BC0016
COMMISSIONER COORDINATOR REPORTS: Commissioner Long indicated there have been
several lawsuits against the State as a result of its computer system, the Colorado Benefits
Management System (CBMS), since it was implemented, and he wants to report the Court's findings
regarding the most recent lawsuit, and where Weld County stands in the situation. He stated there are
two (2) categories; New Applications, and Re-Certifications, where people have to re-certify to ensure
they are still eligible to participate in the benefit programs, such as food stamps and Medicaid. He
stated the most recent lawsuit was only regarding New Applications; not Re-Certifications.
Commissioner Long stated the settlement agreement indicated the Counties must be processing
80 percent of the applications in a timely manner by March, 2011; 85 percent by September, 2011;
90 percent by March, 2012; and 95 percent by September, 2012. He indicated Weld County is already
within the desired threshold amount; it is at 92 percent for the Adult Financial; 92 percent for TANF
(Temporary Assistance for Needy Families); 84 percent for Expedited Food Assistance, and 93 percent
for Food Assistance. He stated the only area Weld County is struggling in is Food Assistance;
however, it is not Weld County's fault, it is a State computer system issue, yet the County is striving to
exceed the requirements for each area, by changing its reception area and the way new applications
are being submitted. Commissioner Long stated there will probably be a lawsuit regarding
Re-Certifications sometime in the near future because the State, as a whole, is doing very poorly
regarding that overall; all the Counties are within the 44-60 percent range on those. He stated it is a
problem with the State computer system 99 percent of the time; however, the State and Counties need
to partner together to improve. Chair Kirkmeyer stated the Counties were not provided input regarding
the lawsuit settlement, yet the Counties have to implement the system and make the payments.
Commissioner Long concurred with Chair Kirkmeyer, and he stated if there are sanctions, those
sanctions are applied to the Counties' administration costs, which are necessary to provide the
services. Chair Kirkmeyer stated the bottom line is the State cannot get its act together, which results
in the clients not receiving their benefits and the Counties being sanctioned. Commissioner Long
stated the County experiencing the most problems with new applications is Denver County, due to a
high staff turnover, resulting in ongoing training, and the cumbersome State computer system, which
sometimes locks up for up to an hour at a time. Chair Kirkmeyer indicated the State further decreased
Weld County's administrative funding. Commissioner Long stated Weld County's staff does a great job,
and these problems are not their fault. Chair Kirkmeyer concurred with Commissioner Long, and she
stated the Commissioners have met with the State numerous times regarding this matter in recent
months.
Commissioner Conway indicated he attended the Governor's Agricultural Summit meeting at UNC on
Monday, and Mr. Meyer did a good job of summarizing the meeting. He stated he attended part of the
water meeting, and the overwhelming sentiment was water storage is essential and agriculture cannot
be sustained without it. He stated approximately 200 people attended, most of whom were from Weld
County.
Commissioner Conway stated he and Commissioner Long hosted the fifth of seven (7) Regional
Economic Development Assessments last night, and approximately 15 people attended. He stated
there were representatives from the Towns of Pierce, Nunn, Eaton, and the City of Greeley in
attendance. He stated he has tabulated the data from the first three (3) meetings and he will be
providing the tabulations to the other Commissioners. He stated Commissioner Rademacher will be
hosting a Regional Economic Development Assessment tonight at the southwest complex, and the final
session will be conducted by himself and Chair Kirkmeyer in the City of Fort Lupton. Commissioner
Conway encouraged anyone who is interested to attend one of the sessions. He stated the sessions
have been productive and he has learned a lot from these meetings.
Commissioner Garcia indicated Dick Pickett, Executive Director, Small Business Development Center
(SBDC), met with Tom Holden, Mayor of the City of Fort Lupton, and himself, regarding establishing a
site for a SBDC office within Fort Lupton. He stated it was a great meeting and the beginning of a great
Minutes, March 16, 2010 2010-0731
Page 2 BC0016
partnership between the SBDC and the City of Fort Lupton. He stated Mr. Picket also met with
representatives from the Towns of Hudson, Lochbuie, and Keenesburg last week to discuss SBDC
office hours in that area, along the 1-76 Corridor. Commissioner Garcia stated the SBDC has prioritized
spreading out its offices, representation, and resources throughout the region and not being
Greeley-centric.
Chair Kirkmeyer stated Senate Bill 124, which concerns TANF funding transfers, has passed through
the Senate and is heading to the House.
BIDS:
APPROVE BID #61100047, 2011 MOW-HERBICIDAL - DEPARTMENT OF PUBLIC WORKS: Barb
Connolly, Controller, stated there are two (2) parts to the Department of Public Work's Noxious Weed
Enforcement Bid; mowing and the herbicidal application. She stated one (1) vendor submitted a bid for
the mowing, and one (1) vendor submitted a bid for the herbicidal application. She recommended
approval of both bids.
In response to Commissioner Conway, Tina Booton, Department of Public Works, Weed Division,
clarified Prime Vegetation Management indicated they will not be submitting a bid proposal.
Commissioner Rademacher moved to approve the sole bid for mowing from Aggie Environmental
Services, and the sole bid from August Services, Inc., for herbicidal application, based on staff's
recommendations. Seconded by Commissioner Conway, the motion carried unanimously.
PRESENT AND APPROVE BID #B1100058, 2011 CHEMICAL HERBICIDES BID: Ms. Connolly
indicated these herbicides will be used for the 2011 spray season through MAPO (Municipal Assembly
for Procurement Officials), and she recommended approval of the low bids for each chemical, as
delineated on the approval letter submitted by Ms. Booton. In response to Chair Kirkmeyer,
Ms. Connolly stated the Board typically waives the 10-day waiting period for approval of this bid each
year. In response to Commissioner Rademacher, Ms. Booton indicated she uses generic products
when the products are comparable with the name brand products. In response to Commissioner
Garcia, Ms. Booton stated she has always applied through the MAPO Bid, and when it is awarded, she
selects the herbicides and submits the selections to the Board. Ms. Connolly clarified the reason for
the waiver of the 10-day waiting period is that the County's piece of the process occurs subsequent to
another piece of the process, which has already been completed prior to the bid being considered by
the Board. In response to Chair Kirkmeyer, Ms. Connolly confirmed the MAPO Bid process is
completed through the State. Commissioner Rademacher moved to approve the low bids for each
chemical, based on staffs recommendations. Seconded by Commissioner Garcia, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER NON-EXCLUSIVE LICENSE AGREEMENT FOR "HEALTHY YOU: WEIGHT
MANAGEMENT AND MINDFUL EATING PROGRAM" AND AUTHORIZE CHAIR TO SIGN -
COLORADO STATE UNIVERSITY RESEARCH FOUNDATION: Staci Datteri-Frey, Department of
Human Resources, stated she is requesting the Board approve the proposed agreement, in order for
the County to be able to offer these classes, which were developed by the Colorado State University
Research Foundation, concerning nutrition and weight management, to its employees. In response to
Chair Kirkmeyer, Ms. Datteri-Frey stated there is a one (1) time fee of $250.00 to purchase materials,
which are on a zip drive, and there is an annual licensing fee for updating materials, in the amount of
$100.00. Further responding to Chair Kirkmeyer, Ms. Datteri-Frey stated the costs will be paid from the
Safety and Wellness fund. Commissioner Long moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, March 16, 2010 2010-0731
Page 3 BC0016
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO REBECCA SHIVELY AND
AUTHORIZE CHAIR TO SIGN: John Lefebvre, Treasurer, stated these Tax Lien Sale Certificates are
routine items of business. He stated there were approximately 1,100 Tax Liens which were not
purchased at the Tax Lien Sale approximately a year and a half ago, and there were approximately
450 Tax Liens remaining from the prior sale; therefore, there are approximately 1,500 Tax Liens
remaining. He stated investors periodically visit the Treasurer's Office to review the available Tax
Liens, they select the Tax Liens they want to purchase, and then the paperwork is provided to the
Board for its authorization. Commissioner Conway inquired as to why these parcels were not bid on at
the Tax Lien Sales, and if there are common characteristics of the Tax Liens which are not bid on.
Mr. Lefebvre stated typically it is vacant lots which are not bid on and sometimes there are entire
subdivisions of vacant lots. He stated developers typically do not pay the property taxes, even when
the economy is good, and the lots end up in Tax Lien Sales, which is a bad policy for the developers,
since the lots are often taxed as agricultural and just a couple of dollars per lot is owed. He stated
there is a $20.00 fee for advertising when the property ends up in a Tax Lien Sale, amongst other fees;
therefore, the cost ends up being approximately $35.00 per lot. Mr. Lefebvre stated sometimes the
developer begins to develop the subdivision and sells the lots individually; however, after five (5) years,
the developer loses the agricultural exemption and will have to combine all the lots into one (1) lot at
that time and place the lots back into an agricultural role, or the banks will have to complete
redemptions. He stated some of the subdivisions are just lines on a map, while others are fully
developed subdivisions, containing curb and gutter infrastructures. Commissioner Conway stated prior
to the economic downturn, it was assumed the lots would be redeemed, and he inquired as to whether
the County should be concerned about whether some of the lots will be redeemed in the future.
Mr. Lefebvre stated the County should be concerned about this, and some of the larger investors who
purchased some of these Tax Lien Sale Certificates are concerned they will have to develop homes on
these lots, in order to be able to utilize the lots, which the investors do not want to do. In response to
Commissioner Conway, Mr. Lefebvre stated he did not complete an analysis of how many of the lots
are within municipalities versus unincorporated areas of the County; however, there are many lots
within both areas. Commissioner Conway reiterated there are investors who purchased Tax Lien Sale
Certificates thinking the lots will be redeemed by the developers as they always have been before;
however, due to situations, such as redemptions not occurring in a timely fashion and banks being
taken over by the FDIC (Federal Deposit Insurance Corporation), the lots may not be redeemed.
Mr. Lefebvre stated some of the investors indicated their analysis indicates there are 13 to 14 years
worth of undeveloped lots; however, he is unsure as to what denominator the investors utilized.
Commissioner Rademacher moved to assign said Tax Lien Sale Certificates to Rebecca Shively and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO VICTOR WALTH AND
AUTHORIZE CHAIR TO SIGN: Based on previous discussion, Commissioner Conway moved to
assign said Tax Lien Sale Certificates to Victor Walth and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion 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.
Minutes, March 16, 2010 2010-0731
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:32 a.m.
BOARD OF COUNTY COMMISSIONERS
I % W=LD COUNTY, CO ORADO
ATTEST: �t l(a Elt�
_Jv�i,� • �.rbara Kirkmeye , Chair
Weld County Clerk to the B • ( -iU;�}�
wj ban P: - Y, Pro-Tem
Deputy Clerk to the Bo- AL��:►�
F. cia
APP ED O F RM: cMQ C &-Wo
David E. Long VUU Cou ty ttorney . QQi� 9 1
ougl Rademac er
Minutes, March 16, 2010 2010-0731
Page 5 BC0016
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