HomeMy WebLinkAbout20111227.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 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, May 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
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 11, 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 May 10, 2011, as follows: 1) Violation Hearings. Commissioner Conway
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 Garcia seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #61100065, TITLE III PROGRAMS - DEPARTMENT OF HUMAN SERVICES (TO BE
CON'T TO 5/25/11): Commissioner Rademacher moved to continue said bid approval to May 25,
2011, based on staff's recommendation. Commissioner Conway seconded the motion.
In response to Chair Kirkmeyer, Monica Mika, Director of Finance and Administration, confirmed the
reason staff has requested a continuance is to be able to conduct a work session on the matter. Chair
Kirkmeyer indicated she and Commissioner Conway will not be able to attend the Board meeting
scheduled for May 25, 2011. There being no further discussion, the motion carried unanimously.
�t5-� Minutes, May 16, 2011 2011-1227
Page 1 BC0016
OLD BUSINESS:
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 1,
S5, T8N, R59W (CON'T FROM 4/25/11): Bruce Barker, County Attorney, stated Esther Gesick, Deputy
Clerk to the Board, sent an e-mail to the Board regarding this matter, and he commended Ms. Gesick
for doing a great job of organizing this information and communicating with Noble Energy about the
leases. He stated Noble Energy has indicated it would like to pursue the lease extensions for a total of
eight (8) parcels, and it no longer wishes to extend the leases for the other eight (8) leases it initially
requested extensions on.
In response to Chair Kirkmeyer, Ms. Gesick stated this parcel is one (1) of the eight (8) Noble Energy
still wants to extend the lease on, and the amount being offered for each of the lease extensions is
$375.00 per net mineral acre. In response to Chair Kirkmeyer, Commissioner Rademacher stated the
minimum lease amount is $400.00 per acre. Mr. Gesick clarified the minimum amount required for
lease extensions is one-third of the original bonus amount; therefore, the offers do meet the minimum
requirement. Mr. Barker confirmed the Board has not changed this portion of the Code to indicate a
minimum amount of $400.00 is required for a lease extension; a $400.00 minimum was considered in
regards to another matter. He stated the total additional amount the County would receive is
$284,628.67, if the Board accepts all eight (8) of the extension offers, and the other eight (8) leases can
be made available for bids again after October, 2011, when Noble Energy's leases conclude. He
stated if production commences before the end of the leases, Noble Energy will be able to continue
production under the existing leases; therefore, it should be verified whether there is production on any
of those parcels at the end of the lease term. In response to Chair Kirkmeyer, Ms. Gesick and
Mr. Barker confirmed the original amount offered for this lease extension was $37.00 per net mineral
acre, and the current offer is $375.00 per net mineral acre. Commissioner Conway stated he is
surprised the offers do not meet the $400.00 minimum. Mr. Barker stated these are not new lease
offers; these are simply requests for six (6) month extensions. Ms. Gesick stated Noble Energy figured
the amount by determining one-sixth of a recent three (3) year lease offer accepted by the Board, since
six (6) months is one-sixth of that time-frame. In response to Commissioner Conway, Mr. Barker
clarified the lease extensions will provide Noble Energy six (6) more months to commence production
on the eight (8) parcels it has indicated it would like to extend the leases on, and the other eight (8)
leases will become available again at the end of October, 2011. In response to Chair Kirkmeyer,
Ms. Gesick confirmed this lease extension request is for 45.43 acres. Chair Kirkmeyer indicated the
first item which needs to be completed is aggregating, in order to meet the 640-acre spacing
requirement. Ms. Gesick stated the letter from Noble Energy indicates it anticipates completing some
assignments during the extension term, which will probably address the spacing issue Chair Kirkmeyer
is concerned about. She stated the assignment process is an administrative process with a $25.00 fee,
and the assignments are placed on the consent agenda. In response to Chair Kirkmeyer, Ms. Gesick
stated the total combined acreage of the eight (8) parcels Noble Energy is requesting the leases be
extended for is 1,053.5 acres, as indicated on Exhibit A, and the total combined acreage of all 16
parcels is 2,093 acres. In response to Commissioner Conway, Ms. Gesick stated Noble Energy has
provided the County with a check in the amount of $111,487.00, which is one-third of the original bonus
amount, and if the Board decides to extend the eight (8) leases requested, Noble Energy will pay an
additional $284,628.67, for a total amount of $396,116.00. In response to Commissioner Conway,
Mr. Barker reiterated the leases will become available again in April, 2012, if Noble Energy has not
commenced production on the parcels at the end of the extension period, and only one (1) six (6)
month extension may be requested for each lease. Commissioner Rademacher moved to approve the
extension of said oil and gas lease. Commissioner Long seconded the motion. Chair Kirkmeyer
indicated she will support this motion; however, she may not support the other seven requests for lease
extensions, depending on the size of the parcels. She indicated she would not have a problem with
making the leases immediately available to other companies, since Noble Energy has not offered
$400.00 per net mineral acre, which the Board has indicated is the minimum amount it is willing to
accept for new leases. There being no further discussion, the motion carried unanimously.
Minutes, May 16, 2011 2011-1227
Page 2 BC0016
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4
NE1/4, S5, T8N, R59W (CON'T FROM 4/25/11): In response to Chair Kirkmeyer, Ms. Gesick stated
this parcel is 40 acres in size, and this is one (1) of the parcels Noble Energy has requested to extend
the lease on. Commissioner Rademacher moved to approve the extension of said oil and gas lease.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2 S1/2
NW1/4, S5, T8N, R59W (CON'T FROM 4/25/11): Ms. Gesick stated this parcel is 40 acres in size, and
this is one (1) of the parcels Noble Energy has requested to extend the lease on. In response to
Commissioner Rademacher, Ms. Gesick stated this is not the largest of the parcel sizes within the
lease extension requests. Mr. Barker stated there are two (2) parcels within the requests which are 320
acres each. Commissioner Long moved to approve the extension of said oil and gas lease. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
NE1/4, PT. N1/2 NE1/4, SE1/4 NW1/4, PT. NE1/4 NW1/4, S6, T8N, R59W (CON'T FROM 4/25/11):
Ms. Gesick stated this parcel is 123 acres in size, and this is one (1) of the extension requests.
Commissioner Rademacher stated he concurs with Chair Kirkmeyer about not granting the lease
extension requests for the larger parcels, and he moved to deny said request for the extension of the oil
and gas lease. Commissioner Conway seconded the motion. In response to Commissioner Garcia,
Chair Kirkmeyer stated that if this request is denied, Noble Energy has until October, 2011, to
commence production, and it has the option to submit another extension offer, Commissioner Conway
clarified the Board is open to considering a higher offer from Noble Energy which meets the minimum
amount being accepted for new oil and gas leases, which is $400.00 per net mineral acre. There being
no further discussion, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4
S8, T8N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Rademacher moved to accept the request for withdrawal. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - E1/2
NW1/4, S8, T8N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Long moved to accept the request for withdrawal. Commissioner Conway seconded the
motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S17, T8N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Rademacher moved to accept the request for withdrawal. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NW1/4,
S20, T8N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Garcia moved to accept the request for withdrawal. Commissioner Rademacher
seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SW1/4,
S15, T8N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Rademacher moved to accept the request for withdrawal. Commissioner Conway
seconded the motion, which carried unanimously.
Minutes, May 16, 2011 2011-1227
Page 3 BC0016
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
SE1/4, S21, T9N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Conway moved to accept the request for withdrawal. Commissioner Garcia seconded
the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2,
S27, T9N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this parcel is 320 acres in size, and this
is one (1) of the extension requests. She stated the initial offer submitted was for $60.00 per net
mineral acre, and this offer is for $375.00 per net mineral acre, for a new total of $120,320.00.
Commissioner Rademacher moved to deny said request for the extension of the oil and gas lease.
Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - W1/2
SE1/4, S20, T9N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this parcel is 80 acres in size, and
this is one (1) of the extension requests. She stated the initial offer was submitted for $56.67 per net
mineral acre, and this offer is for $375.00 per net mineral acre, for a new total of $30,080.00.
Commissioner Rademacher moved to deny said request for the extension of the oil and gas lease.
Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4,
S30, T9N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Rademacher moved to accept the request for withdrawal. Commissioner Conway
seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S31, T9N, R60W (CON'T FROM 4/25/11): Ms. Gesick stated this request has been withdrawn.
Commissioner Rademacher moved to accept the request for withdrawal. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 4,
SW1/4, NW1/4, S4, T8N, R59W (CON'T FROM 4/25/11): Ms. Gesick stated this parcel is 85.07 acres
in size, and this is one (1) of the extension requests. She stated the initial offer submitted was $37.00
per net mineral acre and this offer is for $375.00 per net mineral acre, for a new total of $31,986.32
Commissioner Rademacher moved to deny said request for the extension of the oil and gas lease.
Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2, S8,
T8N, R59W (CON'T FROM 4/25/11): Ms. Gesick stated this parcel is 320 acres in size, and this is
one (1) of the extension requests. She stated the initial offer submitted was $37.33 per net mineral
acre, and this offer is for $375.00 per net mineral acre, for a total amount of $120,320.00.
Commissioner Garcia moved to deny said request for the extension of the oil and gas lease.
Commissioner Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONTRACT AMENDMENT #1 FOR HEALTHY COMMUNITIES OUTREACH AND CASE
MANAGEMENT (PREVIOUSLY EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND
TREATMENT PROGRAM) AND AUTHORIZE CHAIR TO SIGN: Debbie Drew, Director of Nursing,
Department of Public Health and Environment, stated the Healthy Communities Outreach provides
case management and outreach to children on Medicaid, and the amendment will "roll over" unspent
funds, in the amount of $10,442.99, into the current contract term. Commissioner Long moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
Minutes, May 16, 2011 2011-1227
Page 4 BC0016
CONSIDER AMENDMENT #5 TO TASK ORDER CONTRACT FOR COLORADO FAMILY PLANNING
INITIATIVE AND AUTHORIZE CHAIR TO SIGN: Ms. Drew stated this amendment will allow the
Department to extend its Family Planning services, with an emphasis on increasing the total number of
women receiving services for long term birth control methods, including implantable devices and tubal
ligation. She stated the funding amount for this term will decrease by $16,041.00, which will be
absorbed by providing fewer devices. Commissioner Garcia moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR FAMILY PLANNING PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Ms. Drew stated the Family Planning Program is the
Department's primary program to provide comprehensive family planning to low-income women. She
stated the Department provides physical examinations, education, and provision of all family planning
services except emergency contraception. She stated the funding will be decreased by $16,492.00,
which will be absorbed primarily by decreasing its supplies, as well as a reduction in staff.
Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR WOMEN'S WELLNESS CONNECTION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Ms. Drew stated the Women's Wellness Connection Program
allows the Department to provide women with access to mammograms and cervical cancer screening.
Commissioner Conway moved to approve said task order contract and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER NURSING AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - REGIS
UNIVERSITY, LORETTO HEIGHTS SCHOOL OF NURSING: Ms. Drew stated this agreement will
allow the Department to provide clinical experience to professional nursing students, and it is similar to
the agreement the Department has with the University of Northern Colorado (UNC). In response to
Chair Kirkmeyer, Mr. Barker stated he has not had the opportunity to review this agreement. In
response to Chair Kirkmeyer, Ms. Drew confirmed this, and the following agreement, with the University
of Wyoming, were both drafted in the universities' formats and produced by the universities; however,
the agreements contain the same information as the agreement with UNC. Chair Kirkmeyer suggested
continuing these agreements, in order to allow Mr. Barker adequate time to review the agreements and
complete the necessary changes. In response to Chair Kirkmeyer, Ms. Drew indicated the agreements
are not time sensitive, and it will not create a problem to continue the agreements to May 18, 2011.
Commissioner Rademacher moved to continue the matter to May 18, 2011, at 9:00 a.m.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER AMENDMENT #1 TO NURSING AFFILIATION AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - REGIS UNIVERSITY, LORETTO HEIGHTS SCHOOL OF NURSING: Based on previous
discussion, Commissioner Conway moved to continue the amendment to May 18, 2011, at 9:00 a.m.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER COOPERATIVE EDUCATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF WYOMING, FAY W. WHITNEY SCHOOL OF NURSING: Based on previous
discussion, Commissioner Conway moved to continue the matter to May 18, 2011, at 9:00 a.m.
Commissioner Garcia seconded the motion, which carried unanimously. .
Minutes, May 16, 2011 2011-1227
Page 5 BC0016
CONSIDER AMENDMENT #1 TO COOPERATIVE EDUCATION AGREEMENT FOR PROVISION OF
INTERNSHIP EXPERIENCES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF WYOMING,
FAY W. WHITNEY SCHOOL OF NURSING: Based on previous discussion, Commissioner Garcia
moved to continue the matter to May 18, 2011. Commissioner Conway seconded the motion, which
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — JOHN MCCARTY: Christopher
Woodruff, Assessor, stated this petition is for a lot in Forest Glen, for Tax Year 2010. He stated the
Assessor's Office can only utilize sales information from the year 2007 and the first half of the year
2008 in setting the value for 2010, and there were two (2) vacant land sales in this area during the
specified timeframe. He stated the first sale was a property in a cul-de-sac, it was 13,000 square feet,
and it sold for $85,000.00 on June 26, 2007. Mr. Woodruff stated the second sale was for an interior
lot, it was 10,071 square feet, and it sold for $74,000.00 on June 1, 2007. He stated both of the
comparable sales were for properties located within a couple blocks of the subject property. He stated
the subject property is a corner lot, which is 11,677 square feet in size, and it is valued at $66,700.00.
Mr. Woodruff stated John McCarty, property owner, indicated he purchased the property in December,
2009, for $26,000.00, and it was recorded in January, 2010; however, this information unfortunately
cannot be considered when establishing values for the years 2009 and 2010; therefore, he
recommends denial of the petition.
Mr. McCarty reiterated the reason he is requesting a revision is because he purchased the property on
December 21, 2009, for $26,000.00, and an identical property across the street sold for the exact same
amount two (2) weeks prior to when he purchased this property. He stated on May 1, 2011, he
received the evaluation for the property for Tax Year 2010, and he is not sure the proper amount of
investigation is occurring, since property values plummeted dramatically in the timeframe being
considered. In response to Chair Kirkmeyer, Mr. McCarty stated he does not have any sales figures to
provide the Board from the year 2007 or the first half of the year 2008. Commissioner Garcia inquired
as to whether the property was farmed. Mr. McCarty stated the property is a subdivided lot within the
Forest Glen area in the Kelly Farms subdivision, and the curb and gutter infrastructure was in place
when he purchased the property; therefore, it is set up for building. In response to Commissioner
Garcia, Mr. McCarty stated he is not aware whether the property was sold prior to when he purchased
it. Mr. Woodruff encouraged Mr. McCarty to protest the Tax Year 2011 this month, in order to avoid an
abatement situation in the future. He stated he would be happy to discuss Mr. McCarty's options to file
an appeal after the Board meeting. In response to Mr. McCarty, Commissioner Garcia reiterated only
sales from the year 2007, through July 1, 2008, may be considered by the Assessor's Office and the
Board of County Commissioners when determining the value for the year 2010, according to the State's
laws. He stated the Commissioners own properties, and they are subject to the same situation as
Mr. McCarty, where they are being taxed on a value set in a prior time period. He encouraged
Mr. McCarty to speak to Mr. Woodruff about protesting his property value for the year 2011. Chair
Kirkmeyer stated the Assessor's Office has hundreds of thousands of parcels to assess; therefore, a
mass appraisal is completed, and the Assessor's Office does not evaluate specific properties unless
individuals indicate they have a property which needs to be further considered, which is why
Mr. McCarty should learn about the protest process for the 2011 Tax Year. In response to
Commissioner Garcia, Mr. Woodruff stated there is not any evidence of agricultural use of the property,
and there were not any other comparable sales presented to him for the necessary window of time, in
addition to the two (2) he presented. Commissioner Garcia moved to deny said petition, based on
staff's recommendation. Commissioner Long seconded the motion. Commissioner Conway reiterated
the Board is bound by State statute and can only consider comparable sales up to June 30, 2008, for
Tax Year 2010, and he encouraged Mr. McCarty to visit with the Assessor regarding Tax Year 2011.
There being no further discussion, the motion carried unanimously.
Minutes, May 16, 2011 2011-1227
Page 6 BC0016
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
— KIMBERLEE KELEHER: Commissioner Garcia moved to appoint Kimberlee Keleher as a Deputy
District Attorney and authorize the Chair to sign. Seconded by Commissioner Conway, 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.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, May 16, 2011 2011-1227
Page 7 BC0016
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