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Home My WebLink About20112229.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 15, 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, August 15, 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 Director of Finance and Administration, Monica Mika MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of August 10, 2011, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on August 9, 2011: 1) Violation Hearings; and on August 10, 2011: 1) USR #1779 — Tim and Jeanne Iverson, c/o Lafarge West, Inc. Commissioner Rademacher seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, read an article about property rights into the record. CONSENT AGENDA: Commissioner Conway moved to remove the warrants from the Consent Agenda, under Miscellaneous, and reconsider the warrants at the next Board meeting. Commissioner Rademacher seconded the motion, which carried unanimously. Commissioner Rademacher moved to approve the Consent Agenda, as amended. Commissioner Garcia seconded the motion, and it carried unanimously. BIDS: PRESENT BID #61100088, NORTH FRONT RANGE COMPRESSED NATURAL GAS FUELING STATION - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on August 29, 2011, and there are two (2) potential vendors. Commissioner Conway inquired as to why there is a cost disparity between the -11 Minutes, August 15, 2011 2011-2229 Page 1 BC0016 two (2) bid proposals. Ms. Mika stated she is unsure; however, she will have the answer when the bid is presented for approval. Chair Kirkmeyer stated this bid is tied to Congestion Mitigation and Air Quality (CMAQ) funding; therefore, the project must be awarded to the lowest bidder that meets the bid specifications. PRESENT BID #B1100110, WIDE/LARGE FORMAT COPIER - DEPARTMENT OF PLANNING SERVICES: Ms. Mika stated said bid will be presented for approval on August 29, 2011, and a work session may be advisable since there is a large disparity between the bids for both the leasing and purchasing costs. In response to Chair Kirkmeyer, Commissioner Conway indicated he is in favor of participating in a work session for this matter. PRESENT BID #61100112, DELINQUENT TAX LIST ADVERTISEMENT - TREASURER'S OFFICE: Ms. Mika stated said bid will be presented for approval on August 29, 2011, and only one (1) vendor submitted a bid proposal; Greeley Publishing Company. In response to Chair Kirkmeyer, John Lefebvre, Treasurer, confirmed the only company which submitted a bid is the Greeley Publishing Company (Greeley Tribune). He stated in the prior year, the bid specifications for selecting a newspaper for the County's publishing needs did not include the Delinquent Tax List Advertisement, and the bid proposal from the Greeley Publishing Company was many times higher in cost than what it had previously charged. He stated the Greeley Tribune did not initially submit a bid proposal and a representative indicated a bid was not submitted since it is a lot of work to create the bid proposal and the County rejected their bid proposal for this project the previous year. Mr. Lefebvre stated the Greeley Tribune submitted a bid proposal upon request, and it is approximately 20 percent of the previous year's proposed cost. Commissioner Rademacher indicated he does not think a work session is necessary. PRESENT BID #61100118, ARMORED CAR SERVICES FOR SOUTHWEST AND SOUTHEAST WELD COUNTY — DEPARTMENT OF FINANCE: Ms. Mika stated said bid will be presented for approval on August 29, 2011, and she recommended a work session occur prior to the approval date. Commissioner Conway stated the armored car services have traditionally been included in the same bid; however, this year they were divided according to the different geographical areas, and he inquired as to whether the bid proposals are higher or lower in cost than was anticipated. Ms. Mika indicated the cost seems to be consistent; however, she will review it in more detail at the work session. NEW BUSINESS: CONSIDER CANCELLATION OF TAXES ON CERTAIN PERSONAL PROPERTY, MOBILE HOME AND/OR POSSESSORY INTEREST ACCOUNTS: Mr. Lefebvre stated the Treasurer's Office is requesting cancellation of these taxes for these personal property accounts. He stated mobile homes are a type of personal property; however, they have their own separate category. He stated these accounts have been deemed uncollectible, and usually the property has been destroyed or moved when the account is presented for cancellation. Mr. Lefebvre stated the list of accounts the Treasurer's Office is requesting be cancelled is considerably smaller than last year's list. In response to Commissioner Conway, Mr. Lefebvre confirmed Circuit City is on the list as a result of its bankruptcy, and a bankruptcy judge made the determination of how much the County would receive and the judge reduced the personal property tax amounts across the nation. Further responding to Commissioner Conway, Mr. Lefebvre confirmed the amounts shown for Circuit City reflect the difference between what was paid and what is owed. Commissioner Conway inquired as to whether the situation is similar for In Play Membership Golf. Mr. Lefebvre stated In Play Membership Golf was double assessed due to its name changing after the old corporate name had already been assessed; therefore, it is appropriate to write off the duplication of taxes. Minutes, August 15, 2011 2011-2229 Page 2 BC0016 In response to Commissioner Conway, Teri Shipp, Revenue Agent for the Treasurer's Office, stated the reason the cancellation is being requested for Platte Sand and Gravel is that the equipment is no longer at the location. Commissioner Rademacher moved to approve the cancellation of taxes on said personal property, mobile home, and/or possessory interest accounts. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER ACCEPTANCE OF INJURY PREVENTION GRANTS PROGRAM FUNDING - NORTHERN COLORADO REGIONAL EMERGENCY MEDICAL AND TRAUMA SERVICES ADVISORY COUNCIL (RETAC): Dave Bressler, Director, Paramedic Service, stated this grant provides annual monies for injury prevention work. He stated this funding was initially utilized by the hospital; however, it did not have a project this year. He stated the Paramedic Service prepared an application and they submitted it to see if it was compliant with the guidelines, which it apparently was, since they were issued a check. Mr. Bressler indicated if the funding is not utilized by the Paramedic Service, it will go back into the Regional Emergency and Medical Traumas Services Advisory Council's (RETAC) General Fund; however, the Paramedic Service has numerous important projects which can utilize the funding. Commissioner Garcia moved to accept said funding. 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: Bruce Barker, County Attorney, stated this parcel is 1.816 acres in size, and parcels less than five (5) acres in size do not need to follow the bid process. He stated Kerr-McGee Oil and Gas Onshore, LP, has provided $726.48, which is $400.00 per acre, and he recommends approval of the lease. Commissioner Rademacher moved to waive the bid process, approve said small tract oil and gas lease, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER RATIFICATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - SE1/4, S10, T7N, R64W: Mr. Barker stated a similar ratification was approved by the Board in early July because no ending date was specified in the original lease, and this is the same situation. In response to Commissioner Conway, Mr. Barker stated the ending date of the lease is three (3) years from the date the agreement commenced, and the lease would have expired if the property was not in production. Commissioner Rademacher moved to ratify said oil and gas lease, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN — BRENNA BRACKETT: Commissioner Garcia moved to appoint Brenna Brackett as a Deputy District Attorney. Seconded by Commissioner Rademacher, the motion carried unanimously. OLD PLANNING BUSINESS: CONSIDER RECORDED EXEMPTION #4904 - BOYD AND HELEN ARNOLD (CON'T FROM 07/18/11): Chris Gathman, Department of Planning Services, stated there have been two (2) previous hearings concerning this matter, and there are several outstanding Conditions of Approval remaining. He stated the applicants are trying to vacate the smaller lots from the Henrilynn Irrigation District, which will not be considered for formal action until its board meeting in September, 2011. He stated he has exchanged correspondence with the applicants' representative, Liz Sauter, and she indicated a paper plat will be submitted to staff for review; however, he has not received it. Mr. Gathman stated there are still issues to address before the plat can be recorded, and he has not been notified of any progress. In response to Chair Kirkmeyer, Mr. Gathman recommended at least continuing the matter until the Henrilynn Irrigation District has met in September, 2011, to finalize the ditch agreements, and possibly granting one (1) additional month for the applicants to complete the remaining Conditions of Approval Minutes, August 15, 2011 2011-2229 Page 3 BC0016 and record the plat. Commissioner Conway moved to continue the matter until October 3, 2011, at 9:00 a.m. Commissioner Rademacher seconded the motion, which carried unanimously. NEW PLANNING BUSINESS: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR ST. VRAIN LAKES METROPOLITAN DISTRICT#1/CR 9.5 - CARMA BAYSHORE, LLC: Richard Hastings, Department of Public Works, stated this is a request for the final release of collateral for off-site improvements to County Road 9.5. He stated the site has been inspected, resulting in some stormwater drainage issues being corrected, as well as some minor cracks being repaired in the road, and upon re-inspection of the site, staff has determined the repairs to be acceptable; therefore, he recommends approval of the request to release the remaining collateral, on behalf of the Departments of Planning Services and Public Works. In response to Commissioner Rademacher, Mr. Hastings confirmed the amount of the bond is $203,051.00. Commissioner Rademacher moved to approve said cancellation and release of collateral. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER REQUEST TO VACATE USR #775 AND AMUSR #775 - CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER: Mr. Gathman stated the property owners are requesting that Use by Special Review (USR) Permit #775 and Amended Use by Special Review (AmUSR) Permit #775 be vacated. He stated USR #775 was approved in February, 1987, for an overnight homeless shelter, and the USR Permit was amended in August, 1993, in order to provide shelter for up to 40 individuals. He stated it is being requested that the date of vacation be deferred, to make it effective August 29, 2011, as opposed to this date, since the facility will be operating at this location until that date, before relocating to the new location. Mr. Gathman stated letters have been provided by both Catholic Charities and Community Services of the Archdiocese of Denver and the potential buyer. In response to Commissioner Conway, Mr. Gathman confirmed the facility which is relocating is the Guadalupe Center. Commissioner Conway moved to approve said request to vacate USR #775 and AmUSR #775, effective August 29, 2011. Seconded by Commissioner Garcia, the motion carried unanimously. OLD HEALTH BUSINESS: CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MID PLAINS INVESTMENTS, LLC, FOR VIOLATION OF THE WELD COUNTY CODE (CON'T FROM 07/25/11): Troy Swain, Department of Public Health and Environment, stated he received a complaint near the end of June, 2011, about an apartment complex which had stopped taking away the residents trash, and there was an improvement in the situation before the last hearing occurred. He stated the location had reacquired trash service and last week he made a site inspection and observed there was no trash at the complex and there was a Waste Management dumpster at the site; however, as of Friday the dumpster had been removed, and trash is accumulating again. He requested that the matter be continued until August 24, 2011, in order to allow him time to research the situation and determine whether invasive action is necessary to abate a nuisance condition on the property. In response to Commissioner Conway, Mr. Swain stated he noticed the dumpster was removed from the property last week and there was one (1) trash bag outside the complex, and subsequently more trash has began to accumulate. In response to Commissioner Conway, Mr. Swain stated he does not find the situation to be an immediate threat to public health, and he confirmed one (1) week should provide adequate time for him to determine the status of the situation. In response to Commissioner Rademacher, Mr. Swain stated he has not contacted Waste Management; however, he assumes the lapse in service is the result of the bill not being paid or the property owner switching service providers. He stated he has left messages for the caretaker of the complex on his cell phone. No representatives for Mid Plains Investments, LLC, were present. Commissioner Conway moved to continue the matter to August 24, 2011, at 9:00 a.m. Seconded by Commissioner Rademacher, the motion carried unanimously. Minutes, August 15, 2011 2011-2229 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i ATTEST:' . --) k/ [�'L A I�� t L tarbara Kirkmeyef, Chair Weld County Clerk to the Board /) =° Sean P. o wa'j Pro-Tem < j Deputy CL<rk to the B`;fn J< I'. LA* Ilia arcia (1861 . N •' David E. Long ♦®)14-Vie Douglas ademache Minutes, August 15, 2011 2011-2229 Page 5 BC0016 Hello