HomeMy WebLinkAbout20112606 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 3, 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
Administration Building, Greeley, Colorado, October 3, 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 — EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of September 28, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on September 28, 2011, as follows: 1) USR #1785 - Dorris Cunningham;
2) USR #1795 - Mark and Brenda Moser; and 3) AmUSR #1251 - Pat and Amanda Weakland.
Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following item under
Presentations: 1) Presentation of Awards for First Annual Commissioners Cup. Commissioner Conway
seconded the motion, which carried unanimously.
PUBLIC INPUT: No public input was given.
PRESENTATIONS:
PRESENTATION OF AWARDS FOR FIRST ANNUAL COMMISSIONERS CUP - KYLE TRAFF, TIM
BECKMAN, KEVIN CLAUSSEN, MEGAN ANDERSON, SARAH ONG, ROSE LOPEZ, DAVID LONG,
AND NANCY SIGG: Chair Kirkmeyer stated all the Commissioners, other than Commissioner
Rademacher, who had a surgery scheduled for the same day, attended the Commissioners Cup, and
Commissioner Long finished first out of the County Commissioners that participated.
Patti Russell, Director, Department of Human Resources, stated Staci Datteri-Frey, Wellness
Coordinator, coordinated this event, along with Diane Beckman, County Attorney's Office, Ripley
Casdorph, Affiliated Computer Services (ACS), Robin Skinner, Department of Human Services, Gracie
Minutes, October 3, 2011 2011-2606
A.9 Page 1 BC0016
Marquez, Coroner's Office, and Michelle Longwell, ACS. She thanked the committee members for their
work, and she stated the committee did an awesome job and she is proud of it. She stated Ms. Skinner
and her husband created the awards and completed the artwork on the awards, and they did a fantastic
job. Chair Kirkmeyer stated in the men's category Kyle Traff, ACS, placed first; Tim Beckman, husband
of Diane Beckman, placed second; and Kevin Claussen, family member of Jada Claussen, Department
of Human Services, placed third. She stated in the women's category Megan Anderson, Department of
Public Health and Environment, placed first; Sarah Ong, District Attorney's Office, placed second; and
Rose Lopez, District Attorney's Office, placed third. She stated the 150th person to cross the finish line
was Nancy Sigg, Sheriff's Office.
Ms. Beckman stated she had a lot of fun organizing this event, as well as watching the competitiveness
of the employees and the interactions between the employees and the Commissioners.
Ms. Skinner stated the boots were all donated by employees. Commissioner Garcia stated everyone
had a great time and it was great to see everyone who participated, and he thanked the volunteers.
Commissioner Conway stated it was a fun afternoon and he enjoyed the interaction with people along
the trail, and he thanked everyone who helped make the event successful. Chair Kirkmeyer stated
none of the Commissioners were surprised that Commissioner Long won the race, since he regularly
swims and runs. Commissioner Garcia stated a number of children participated in the event, including
his seven-year-old daughter. Chair Kirkmeyer stated the event was good fun and promoted wellness.
BIDS:
PRESENT BID #B1100128, ALTERNATE COMMUNICATIONS DISPATCH CENTER ADDITION
DESIGN — DEPARTMENT OF FINANCE: Barbara Connolly, Controller, stated said bid will be
presented for approval on October 17, 2011.
PRESENT BID #B1100129, ELEVATOR UPDATES FOR CENTENNIAL CENTER - DEPARTMENT
OF BUILDINGS AND GROUNDS: Ms. Connolly stated said bid will be presented for approval on
October 17, 2011. In response to Commissioner Garcia, Ms. Connolly confirmed this is the building the
Commissioners formerly occupied, and she clarified the trash elevator travels down to the garage from
the street level.
APPROVE BID #61100131, WIDE/LARGE FORMAT COPIER - DEPARTMENT OF PLANNING
SERVICES: Trevor Jiricek, Director, Department of Planning Services, recommended approval of the
low bid from All Copy Products, in the amount of $7,995.00. Commissioner Rademacher moved to
approve the low bid from All Copy Products, in the amount of $7,995.00, based on staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JACOR COMMUNICATIONS,
AKA CLEAR CHANNEL COMMUNICATIONS, INC.: Christopher Woodruff, Assessor, stated this is a
personal property account from the year 2009. He stated the petitioner hired a new accounting firm in
the year 2009, and it filed under a different name, which resulted in a double assessment. He stated
the original assessed value was $314,130.00, resulting in a refund in the amount of $18,131.95.
Commissioner Conway moved to approve said refund, in the amount of $18,131.95, based on staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT FOR CR 54 AND
AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Michael Bedell,
Department of Public Works, stated this agreement is related to a project to design and construct a
safer and realigned intersection for County Roads 54 and 49. He stated part of the design requires a
new crossing to be constructed on the existing railroad track, which will entail Union Pacific Railroad
Minutes, October 3, 2011 2011-2606
Page 2 BC0016
Company casting concrete panels and widening the railroad bed in preparation for the County to
construct a new road at the location. He stated this item needs to be completed before the construction
is bid out, and after the agreement is signed by Union Pacific Railroad, it will schedule a work crew to
construct the crossing. Mr. Bedell stated the agreement is for approximately $94,000.00, and there will
be an additional land use fee, in the amount of$3,600.00.
In response to Chair Kirkmeyer, Bruce Barker, County Attorney, stated he has reviewed the agreement
and Stephanie Arries, Assistant County Attorney, drafted it. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the motion,
and he thanked Mr. Bedell for working on this agreement for more than two (2) years. Mr. Bedell stated
when Robert Patrick retired, the Department of Public Works had seven (7) similar agreements to
create, and there are just three (3) remaining. He thanked Ms. Arries for her assistance and patience,
and he stated this agreement took approximately nine (9) months to complete. There being no further
discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 66 BETWEEN CRS 49 AND 51: Janet Carter,
Department of Public Works, stated said closure will commence October 10, 2011, through October 13,
2011, in order to replace a 48-inch corrugated metal irrigation pipe. She stated the average daily traffic
count on County Road 66 is 281 vehicles, according to a traffic count taken this year, and magnesium
chloride will be utilized along the gravel portion of the detour route. Commissioner Garcia moved to
approve said temporary closure. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF DUNMIRE STREET BETWEEN MCCLURE AND KOCH
AVENUES IN THE TOWN OF FREDERICK: Ms. Carter stated said closure will commence October 3,
2011, through October 17, 2011, in order for Naranjo Civil Constructors to install a new concrete drain
pan. She stated Dunmire is paved, as well as the detour routes; therefore, dust abatement will not be
necessary. She stated staff has notified the surrounding residents and local business owners about the
closure. In response to Chair Kirkmeyer, Ms. Carter confirmed Dunmire is a County-maintained road in
a subdivision. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - KERR-
MCGEE OIL AND GAS ONSHORE, LP: Mr. Barker stated the proposed lease is for 1.8182 acres and
the Board can choose to waive the bid procedure for tracts less than five (5) acres in size. He stated
Kerr-McGee has paid the bonus amount of $400.00 per acre, for a total of $727.28, and the lease
specifies the County will receive 20 percent of the royalties. He stated the term of the lease will be
three (3) years, and he recommended approval of the lease. Commissioner Conway moved to waive
the bid procedure concerning oil and gas leases, accept the offer to lease said mineral acre, and
authorize the Chair to sign said lease. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE CHAIR TO
SIGN — ROBERT GRAND: Mr. Barker stated this and next three (3) items are the same type of
agreements; the agreements are all for Planning Commissioners to be able to take i-Pads to their
homes. He stated he will likely make this a standard form of agreement which can be placed on the
Consent Agenda after today. Commissioner Conway inquired as to why there are just four (4) of these
agreements, since there are more than four (4) Planning Commissioners. Mr. Jiricek stated the other
members of the Planning Commission declined to take the i-Pads home and enter into agreements.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, October 3, 2011 2011-2606
Page 3 BC0016
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE CHAIR TO
SIGN - BENJAMIN HANSFORD: Based on previous discussion, Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE CHAIR TO
SIGN -THOMAS HOLTON: Based on previous discussion, Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE CHAIR TO
SIGN - JASON MAXEY: Based on previous discussion, Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4904 - BOYD AND HELEN ARNOLD (CON'T FROM
08/15/11): Chris Gathman, Department of Planning Services, stated the applicants have made
substantial progress, and there is only one (1) outstanding item remaining, which is an agreement with
the Henrylyn Irrigation District, which has been drafted and will be presented to its Board of Directors
on Thursday. He stated he has reviewed the draft plat and it should be submitted by the end of the
week; therefore, he recommends the matter be referred back to staff for processing, since it is near
completion.
Steven Janssen, legal representative for the applicants, and long term council for the Henrylyn
Irrigation District, stated the right to delivery of the water is tied to the land; therefore, the continuous
development of Recorded Exemptions and Subdivision Exemptions has resulted in additional parcels
being created which water cannot be delivered to. He stated a rule has been created by the Henrylyn
Irrigation District to address this issue that states it will not install a new head gate, and in order to
subdivide land, an applicant must reach an agreement with all the landowners regarding the head gate,
to ensure the division of water will be equitable to the new owners. He stated the agreement is
negotiated with the applicant, and then the applicant records the agreement and the reception number
is noted on the plat; therefore, anyone considering purchasing a subdivided parcel will know the rules
pertaining to the delivery of irrigation water. In response to Commissioner Conway, Mr. Janssen stated
he has obtained conflict waiver letters which are signed by the applicants and the Henrylyn Irrigation
District, since he is concurrently representing both parties, and the agreement was drafted with the
Henrylyn Irrigation District Board's input. He stated it has become popular to split off five (5) acre
parcels from larger lots, and it is anticipated this agreement may become a template for future matters.
He concurred with staff's recommendation and he expressed his appreciation to the applicants for
working on this matter for a long time. Mr. Janssen stated all the other issues have been resolved and
this item is almost complete. Commissioner Rademacher inquired as to whether it would still be the
applicants' responsibility to provide water to a new property owner, if the property was located uphill
from the point of diversion. Mr. Janssen stated the new property could not be in the District if it was
located uphill from the ditch or from the head gate; however, in this instance, the parcel is being divided
from a property which is already able to receive water and it would not be within the District if it was
unable to receive water. Commissioner Conway moved to refer Recorded Exemption #4904 back to
staff. Commissioner Rademacher seconded the motion. Chair Kirkmeyer thanked Mr. Gathman for
following through on this matter.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
Minutes, October 3, 2011 2011-2606
Page 4 BC0016
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 adjourned at 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOFjADO
ATTEST:�j� (iit ; ; h1Ly
arbara Kirkmeer, air
Weld County Clerk to the Board
Sean P Co ay, Pro-Tem
BY: / y�
Deputy CI k to the Board A �'
illiam F. Ga 'a
EXCUSED
David E. Long
1861 t ougla edemacher�
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Minutes, October 3, 2011 2011-2606
Page 5 BC0016
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