HomeMy WebLinkAbout20110085.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 5, 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, January 5, 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 January 3, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - N1/2, SW1/4, S27, T7N, R63W: Barb
Connolly, Controller, stated there were no bids submitted for this oil and gas lease. In response to
Commissioner Rademacher, Ms. Connolly indicated she is unsure as to the reason why no bids were
submitted for this parcel. Chair Kirkmeyer provided the opportunity for bids to be submitted by the
audience; however, no bids were submitted.
In response to Chair Kirkmeyer, Bruce Barker, County Attorney, indicated no action is necessary for
this item.
Minutes, January 5, 2011 2011-0085
Page 1 BC0016
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4SE1/4, S24, T3N, R63W:
Ms. Connolly indicated the sole bid for this lease was submitted by Bayswater Exploration and
Production, LLC, in the amount of $400.00 per net mineral acre, and the parcel is 40 acres in size. In
response to Chair Kirkmeyer, Mr. Barker clarified the audience was given the opportunity to submit bids
for the last lease, since no bids had been previously submitted for the parcel; however, in this instance,
there is an existing bid. Commissioner Conway moved to approve the high bid from Bayswater
Exploration and Production, LLC, in the amount of $400.00 per net mineral acre, for a total of
$16,000.00. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4SW1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Conway moved to
approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Long, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4NW1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Rademacher moved
to approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Long, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4NW1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of$400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Rademacher moved
to approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - S1/2NE1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 20 acres in size. Commissioner Conway moved to
approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $8,000.00. Seconded by Commissioner Long, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - N1/2S1/2NW1/4NE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Rademacher moved
to approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2SW1/4NE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 20 acres in size. Commissioner Conway moved to
approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total amount of $8,000.00. Seconded by Commissioner Rademacher, the
motion carried unanimously.
Minutes, January 5, 2011 2011-0085
Page 2 BC0016
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4SW1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Rademacher moved
to approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4NE1/4SE1/4, S24, T3N, R63W:
Ms. Connolly stated Bayswater Exploration and Production, LLC, submitted the sole bid, in the amount
of $400.00 per net mineral acre, and the parcel is 10 acres in size. Commissioner Garcia moved to
approve the high bid from Bayswater Exploration and Production, LLC, in the amount of $400.00 per
net mineral acre, for a total of $4,000.00. Seconded by Commissioner Rademacher, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - CHILD ADVOCACY RESOURCE AND EDUCATION, INC.: Judy Griego, Director, Department
of Human Services, stated this is an ongoing agreement, which was reviewed by the Board in a "pass
around" memorandum, dated December 20, 2010. She stated the agreement is for Calendar
Year 2011, and CARE (Child Advocacy Resource Education, Inc.) provides a Parent Education
Program, a Community Education Program, a Children's Program, and a Prevention Program. She
stated the maximum amount to be paid under the agreement is $34,038.00. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - KEMPE CENTER OF THE UNIVERSITY OF COLORADO DENVER
SCHOOL OF MEDICINE, AMC CAMPUS: Ms. Griego stated this amendment was presented to the
Board at a work session conducted on October 25, 2011. She indicated the amendment will increase
the amount to be paid to the Kempe Center of the University of Colorado Denver School of Medicine,
AMC Campus, for Foster Parent Consultation Services to $6,000, and the Department will be
decreasing the maximum amount to be paid under another agreement, in order to provide this service.
Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 5 AT CR 46: Janet Carter,
Department of Public Works, indicated staff is requesting the installation of Stop signs at the
intersection of County Roads 5 and 46, due to a sight-distance issue, and staff has determined the Stop
signs are necessary and meet the conditions of the MUTCD (Manual of Uniform Traffic Control
Devices). Commissioner Conway inquired as to whether this site was discovered as part of an
evaluation or because of safety concerns expressed by citizens. Ms. Carter stated crew members
noticed that new houses which were constructed in the area had restricted the sight-distance, and the
crew members brought the matter to her attention. In response to Commissioner Rademacher,
Ms. Carter confirmed the intersection was previously uncontrolled. Commissioner Rademacher moved
to approve the installation of said stop signs on County Road 5. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR
2ND AMUSR #840 AND AUTHORIZE CHAIR TO SIGN - L.G. EVERIST, INC.: Rich Hastings,
Department of Public Works, stated this site is adjacent to the Town of Carr, and on the south side of
County Road 126. He stated the reasons for this new agreement are; County Road 126 has been
paved from 1-25 to U.S. Highway 85 and there has been a slight adjustment to the haul route, and the
Minutes, January 5, 2011 2011-0085
Page 3 BC0016
proposed rail transload facility will be utilized for a multitude of different purposes and functions. In
response to Commissioner Rademacher, Mr. Hastings confirmed that L.G. Everist, Inc., has reviewed
the proposed agreement. In response to Chair Kirkmeyer, Mr. Hastings stated the original agreement
did not require collateral and the required improvements have already been completed. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND
GREELEY/WELD SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS A RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Barker indicated this is
an agreement in which $7,300.00 will be paid to the Greeley/Weld Small Business Development Center
(SBDC). He stated the agreement has been reviewed by the Board in a work session and he
recommended approval. Commissioner Conway moved to approve said Memorandum of Agreement
and authorize the Chair to sign. Commissioner Garcia seconded the motion. Commissioner Conway
stated the performance of the SBDC over the past year has been phenomenal and it led to the creation
of many new small business jobs in the community. He stated the staff and Director of the SBDC do an
outstanding job for the citizen's of Weld County. Commissioner Garcia stated the SBDC not only
serves the City of Greeley; it has satellite office hours throughout Weld County, and this year it will offer
office hours in the City of Fort Lupton. There being no further discussion, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND
UPSTATE COLORADO ECONOMIC DEVELOPMENT AS A RECIPIENT OF WELD COUNTY
GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated he sent an email to
the Board containing new language, as requested by Larry Burkhardt, Upstate Colorado Economic
Development; however, he has not provided the proposed language to Mr. Burkhardt yet for his review,
and he thinks Mr. Burkhardt will want to have discussions with Monica Mika, Director of Finance and
Administration, and Don Warden, Director of Budget and Management Analysis, prior to signing the
agreement. Chair Kirkmeyer inquired as to whether all of the Board members have reviewed the
proposed language Mr. Barker sent them. She stated the language is regarding the reimbursement of
the $79,700.00. Mr. Barker concurred with Chair Kirkmeyer and he clarified the proposed language
applies to the situation where the Memorandum of Agreement is terminated, since it is paid on a
monthly basis. He indicated that the County would not seek reimbursement of the payments which
have already been paid for the months prior to the termination date; the County would simply not pay
the remaining upcoming months, subsequent to the termination date. Chair Kirkmeyer suggested
amending the proposed language if the Board is considering approving the agreement today, or
continuing the matter, in order to allow time for the Board to conduct a work session and for
Mr. Burkhardt to be able to discuss the agreement with Ms. Mika and Mr. Warden. Ms. Mika confirmed
Mr. Burkhardt has questions about the proposed agreement, and she stated that the Board had
requested that staff report whether there is an approved work plan with Upstate Colorado Economic
Development prior to entering into this agreement, which has not been completed. In response to
Commissioner Conway, Ms. Mika confirmed she recommends continuing the matter, due to the work
plan still requiring completion. In response to Chair Kirkmeyer, Ms. Mika indicated that yesterday she
requested that Vicky Sprague, Office Manager for the County Commissioners, schedule a work session
on this matter; however, it has not yet been scheduled. Commissioner Rademacher moved to continue
the matter to January 19, 2011. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(N1/2SW1/4SW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Mr. Barker stated all the small tract oil and gas leases listed on today's agenda
were previously grouped together as one (1) lease. He indicated it may seem more efficient to list all of
these parcels under one (1) lease; however, it causes confusion regarding which parcels are producing
Minutes, January 5, 2011 2011-0085
Page 4 BC0016
oil and gas; therefore, the one (1) lease was divided into many. He indicated the change will create
more administrative work; however, it will prevent the parcels from being affected by production on a
different parcel. In response to Commissioner Conway, Mr. Barker recommended approving each
lease individually. Commissioner Conway moved to approve the request to waive the bid procedure
concerning oil and gas leases, accept the offer to lease said mineral acres, and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2SW1/4SW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Rademacher moved to approve
the request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said
mineral acres, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(N1/2NW1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Long moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(NW1/4NE1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Conway moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(NE1/4NE1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Conway moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2NE1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Long moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SE1/4NW1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Rademacher moved to approve
the request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said
mineral acres, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SW1/4NW1/4NW1/4NE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Conway moved to approve the
Minutes, January 5, 2011 2011-0085
Page 5 BC0016
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(N1/2NW1/4NE1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Rademacher moved to approve
the request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said
mineral acres, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(N1/2SE1/4NW1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Conway moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2SE1/4NW1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Rademacher moved to approve
the request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said
mineral acres, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2NE1/4NW1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Rademacher moved approve to
the request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said
mineral acres, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2SW1/4SW1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Conway moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(S1/2SE1/4SW1/4SE1/4, S24, T3N, R63W) - BAYSWATER EXPLORATION AND
PRODUCTION, LLC: Based on previous discussion, Commissioner Garcia moved to approve the
request to waive the bid procedure concerning oil and gas leases, accept the offer to lease said mineral
acres, and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER APPOINTMENTS TO AREA AGENCY ON AGING ADVISORY BOARD: Commissioner
Conway moved to appoint Susan Collins and William Pike to the Area Agency on Aging Advisory
Board, with terms to expire January 31, 2013. Seconded by Commissioner Rademacher, the motion
carried unanimously.
Minutes, January 5, 2011 2011-0085
Page 6 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 9:26 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COL RADO
ATTEST � � ' ' �h,
F,-f �, .rbara Kirkmeye , Chair
Weld County Clerk to the e• rd
1r, an P. n ay, Pro-Tern
BY: �✓/'�. mac. r f:
Deputy Clerk to the Board cf �� l
Wil a . Gar 'a
A ,�\APP D AS T •
c� > - ` '�(4"
David E. Long
n y tt rney
ougl Radem Cher
Minutes, January 5, 2011 2011-0085
Page 7 BC0016
Hello