HomeMy WebLinkAbout20110651.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 9, 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 7, 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:
Assistant County Attorney, Cyndy Giauque
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of March 7, 2011, as printed. Commissioner Long 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY FAIR BOARD - STEVEN EDSTROM, GLENN
LEDALL, DONNA MACDONALD, RUSS GROSHANS, AND BRIAN ALLMER: Chair Kirkmeyer read
the certificates into the record, recognizing Steven Edstrom, Glenn Ledall, Donna MacDonald, Russ
Groshans, and Brian Allmer for their service on the Weld County Fair Board.
Keith Maxey, Weld County Extension Office, accepted the certificates on behalf of the named Fair
Board members and he thanked the volunteers who serve on the Fair Board. He stated it is a big
undertaking and the members invest a lot of time. He stated Glenn Ledall was instrumental in
organizing the free community dinner which occurred on Sunday, and Brian Allmer was instrumental in
bringing new technology to the Fair Board by streaming the junior livestock sale to the internet, which
resulted in some online bids being submitted. Mr. Maxey stated all of the members of the Fair Board
are deserving of the Board's recognition. Commissioner Conway stated these members have been
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extremely important to the success of the Weld County Fair and he had the opportunity to work with
them when he served as the Commissioner Coordinator for the Weld County Fair. He thanked the
members for their service to the citizens of Weld County, and he stated these are volunteer positions
and the members take time away from their families and businesses to ensure the success of our
County Fair. Commissioner Rademacher stated this is one of most involved Boards in the County as
far as the time commitment.
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL — LAURIE GLENDENNING:
Chair Kirkmeyer read the certificate into the record, recognizing Laurie Glendenning for three (3) years
of service on the Extension Advisory Council. Mr. Maxey accepted the certificate on behalf on
Ms. Glendenning, and he stated the Extension Advisory Council is instrumental in providing direction
and input for the Extension programming, and Ms. Glendenning's input in her area of expertise, which
is Family Consumer Science, and in general, was very much valued. Commissioner Conway stated the
Extension Advisory Council was very active last year in reviewing its bylaws. He stated
Ms. Glendenning served the Extension Advisory Council in a valuable capacity and he thanked her for
her service.
RECOGNITION OF SERVICES, GREELEY HOUSING AUTHORITY - WESTON KURZ: Chair
Kirkmeyer read the certificate into the record, recognizing Weston Kurz for five (5) years of service on
the Greeley Housing Authority.
Tom Teixeira, Director, Greeley Housing Authority, accepted the certificate on behalf of Mr. Kurz, and
he stated Mr. Kurz's career path has taken him to the City of Fort Collins, which is why he was unable
to attend the meeting today. He stated Mr. Kurz was the Chair on the Greeley Housing Authority for
over a year, he did an excellent job, and was a great help to him.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway indicated some of the
Commissioners are wearing buttons which state "County Government Works", and he and Chair
Kirkmeyer were presented the buttons at the National Association of Counties (NACo) conference they
attended in Washington, D.C. He stated the two of them made an impression at the conference and
along with Lew Gaiter III, Larimer County Commissioner, they were known as the Colorado Three. He
stated the Public Lands Committee passed a Resolution, 33 to 10, in opposition to Interior Secretary
Ken Salazar's recent edict regarding wild lands, which was a total reversal from the previous policy of
NACo. He stated this would not have been possible without the active participation of Chair Kirkmeyer
and Commissioner Gaiter and a number of other Colorado Commissioners who engaged in the Public
Lands Steering Committee. Commissioner Conway stated one of the new themes NACo is trying to
promote is "County Government Works". He stated upon discussions with his peers from across the
country, he was amazed by how fiscally responsible the County level of government is, and the other
Commissioners were pleased to hear Weld County is one (1) of three (3) Counties he is aware of with
no debt and no sales tax. He stated the other two (2) Counties he discovered with no debt or sales tax,
in addition to Weld County, are within the States of North Dakota and Alaska.
Commissioner Conway stated he and Chair Kirkmeyer attended an MPO (Metropolitan Planning
Organization) meeting last Thursday night, and they engaged in trying to change the funding formula,
and Janet Carter, Department of Public Works, helped to prepare them. He indicated they were able to
change the funding formula somewhat and secure $640,000.00 for the CNG Project next year;
however, they were unable to convince the MPO that there is a conflict in the guide book regarding flex
funding. He stated the meeting went late into the evening; however, he was pleased they were able to
obtain some funding for an important project in Weld County. Commissioner Conway stated he is
extremely disappointed to report that the Town of Windsor was the deciding vote against changing the
funding formula for County Road 23 and State Highway 392, since Windsor is a partner in a project on
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those roads with Weld County and the Town of Severance. He stated the Mayor was not present and a
Windsor Town Council member attended the MPO meeting as the alternate. Commissioner Conway
stated the Council member made a very bad decision, and Weld County works hard on its partnerships
with its municipalities. He stated he and Chair Kirkmeyer worked very hard to try to have an important
safety project prioritized and to obtain additional funding, and the Town of Windsor abandoned Weld
County at a critical point. He stated there will be subsequent discussions on the matter between the
Board and the Mayor and Town Council of Windsor. Chair Kirkmeyer stated Commissioner Conway
did a great job in obtaining the $640,000.00 for the year 2012, since the other five (5) years of funding
are for planning and there is no guarantee the funding will be available; therefore, securing early
funding is particularly important in this instance. She concurred with Commissioner Conway's
comments about the safety project on County Road 23 and State Highway 392. She stated she and
Commissioner Conway were not attempting to change the criteria or the funding for the projects which
are already in line; they were only trying to expedite the safety project on County Road 23 and State
Highway 392 to be the next project in line waiting for funding to be awarded, yet because of Windsor's
vote, the change will not occur.
Commissioner Garcia stated that the Commissioners have an opportunity to present at the upcoming
Economic Development Forum on March 10, 2011, at 6:00 p.m., in the City of Evans Community
Center.
Commissioner Garcia stated the UNC (University of Northern Colorado) Bears Basketball team
experienced an excellent victory yesterday, and it is neat the tournament is occurring in the City of
Greeley, since fans from the States of Montana, Arizona, and Utah are visiting Colorado to support their
teams. He stated he is glad the visitors are here and he hopes the Big Sky Conference will be regularly
hosted by Greeley. Commissioner Conway stated he heard the economic impact will be between
$200,000.00 and $400,000.00.
BIDS:
PRESENT BID #B1100042, SECURITY SERVICES FOR COURTHOUSE (WEST COURTS) AND
CENTENNIAL CENTER BUILDINGS - SHERIFF'S OFFICE: Monica Mica, Director of Finance and
Administration, stated said bid will be presented for approval on March 23, 2011, and the bid will cover
a three (3) and a half year cycle, including the remainder of this year. She stated there is an evaluation
process being reviewed by the Sheriff's Office, based on a ten-point scale, and the Sheriff's Office will
need to arrange a work session to discuss the matter with the Board prior to the bid being presented for
approval.
APPROVE BID #B1100035, CABLE/FIBER FOR ADMINISTRATION BUILDING (FORMERLY SYKES)
- DEPARTMENT OF PHONE SERVICES: Susan Quick, Phone Services, stated this bid is for
$72,000.00, for cable and fiber which will be installed in the new Administration Building, and H and H
Data Services has completed a lot of work for the County in the past and has always done a very good
job. In response to Commissioner Garcia, Ms. Quick confirmed the fact H and H Data Services
understands the County's needs and how it operates may explain the discrepancy between the bid
proposal amounts. In response to Commissioner Conway, Ms. Quick indicated the cable will be
category 6, which is the most current available; therefore, it is projected to last for 20 years. Ms. Mika
stated when County facilities are constructed, a substantial amount of additional bundles are included,
with the intent those bundles will be used by Weld County; not to support other agencies. In response
to Ms. Mika, Ms. Quick confirmed there will be approximately 96 strands. Ms. Mika stated
approximately half of the strands will be required when the building opens; therefore, there is a cushion.
Commissioner Rademacher moved to approve said low bid from H and H Data Services, in the amount
of $72,000.00, based on staff's recommendation. Seconded by Commissioner Conway, the motion
carried unanimously.
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NEW BUSINESS:
CONSIDER 2011 COVERDELL GRANT APPLICATION FOR NORTHERN COLORADO REGIONAL
FORENSIC LABORATORY TRAINING AND AUTHORIZE CHAIR TO SIGN: Ron Arndt, Director,
Northern Colorado Regional Forensic Laboratory, stated he is requesting to submit a grant application
for $19,085.00 to the State, which oversees the Coverdell Grant. He stated the funding is requested for
training analysts in the laboratory. Commissioner Long moved to approve said application 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 -
BAYSWATER EXPLORATION AND PRODUCTION, LLC: Commissioner Rademacher stated the
Board agreed to accept $400.00 per acre for small tract oil and gas leases. Ms. Mika stated this lease
is for 1.82 mineral acres, which is how the amount of $728.00 was determined. Chair Kirkmeyer
explained for the record that parcels which are less than five (5) acres in size do not have to go through
a bid procedure; the procedure can be waived by the Board. Commissioner Rademacher moved to
approve said lease and authorize the Chair to sign. Commissioner Garcia stated the payment has
been received for this lease, and he seconded the motion, which carried unanimously.
CONSIDER RELEASE OF LIENS FOR CERTAIN DESCRIBED PROPERTIES LOCATED IN WELD
COUNTY CHAMBERS TRACTS SUBDIVISION WATER AND SEWER LOCAL IMPROVEMENT
DISTRICT NO. 2003-1: Commissioner Conway moved to continue the matter to March 14, 2011, in
order for Bruce Barker, County Attorney, to be able to explain the item of business to the Board upon
his return. Commissioner Rademacher seconded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USR #1767- MICHAEL KONIG
PIT, C/O KONIG AG COMPANY: Heidi Hansen, Department of Public Works, indicated the
improvements agreement has been signed by Michael Konig, and a Letter of Credit has been provided
for collateral. In response to Chair Kirkmeyer, Ms. Heidi stated the issues have been resolved with the
improvements agreement and the County will not require collateral for the minor improvements on the
property, including a cattle guard and a culvert; therefore, collateral is only being required for the road
maintenance and repairs, and will only be drawn from if the Michael Konig Pit is unable to complete any
repairs to County Road 81. Commissioner Rademacher moved to approve said agreement, authorize
the Chair to sign, and accept collateral for USR #1767. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER CONDITION OF APPROVAL #3.D FOR RECORDED EXEMPTION #5068 - MELBON
RANCH, INC., C/O WILLIAM SARCHET: Ms. Carter stated the applicant applied for RE #5068, in
order to split the property, and the applicant has requested a new access for the area outlined in yellow
on the map placed on the overhead projector, a copy of which has been included in the record and
marked Exhibit A. She stated there are two (2) sections of the Weld County Code which require that
the requested access be denied by staff; Sections 12-2-30 and 24-8-40.C. She stated Section 12-2-30
indicates, "Direct access from a public road shall be limited to not more than one (1) per legal lot,
except as may be expanded or further limited or restricted by the Board of County Commissioners or
staff, as a result of zoning requirements, consideration in land use applications, safety considerations,
subdivision regulations, or inability to meet minimum requirements as defined in the Weld County
Design Criteria." Ms. Carter stated Section 24-8-40.C indicates, "An access is, or can be made,
available that provides for safe ingress and egress to a public road. All accesses shall be in
accordance with Chapter 8, Article II of this Code, and shall endeavor to achieve the goal of no 'net
increase' in the number of accesses onto adjacent County roads when accesses already exist." She
recommended denial of the request, based on the two (2) Sections of the Weld County Code she
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provided; however, she stated Section 12-2-100 allows for the applicant to appeal to the Board for
approval of the access. She stated the roadway which would be accessed is a collector roadway and a
traffic count conducted in July, 2010, indicated there are 1,162 vehicles traveling the road each day, on
average, with 29 percent being trucks. In response to Commissioner Conway, Ms. Carter stated the
existing accesses are indicated by where the yellow cars are placed on Exhibit A, and there is one (1)
residential access with a loop drive, one (1) access to a field/oil and gas well, and a large second
residential access. In response to Commissioner Long, Ms. Carter clarified the proposed new access
is where the white car is placed on Exhibit A, and the applicant is requesting the new access since
there will be a new residence constructed on the separated parcel. She stated she recommended the
applicant close one (1) of the loop accesses, which is located on the southern portion of the property, to
allow for the new access; however, the suggestion will not work for the applicant. She stated the
applicant is requesting that they be allowed to retain the existing accesses and add the proposed new
access on the northern portion of the property, and the proposed new access location meets the
County's spacing requirements. In response to Chair Kirkmeyer, Ms. Carter confirmed staff cannot
approve the proposed new access, based on the County Code; however, the Board can approve it.
Chair Kirkmeyer indicated she has spoken to the applicant and she has recently travelled on County
Road 41. She stated the applicant indicated he has been trying to work with staff, and he tried to have
an access closed on the other side of the road, in order to meet the requirements; however, the
property owners were not willing to close the access. She stated the applicant also indicated one (1) of
the accesses on the road is typically utilized just once a day, and solely for oil and gas purposes. In
response to Commissioner Conway, Ms. Carter clarified the location of the proposed new access is
based on the plats submitted to the Department of Planning Services by the applicant. Further
responding to Commissioner Conway, Ms. Carter confirmed she does not have any safety concerns
about the location of the proposed new access. In response to Commissioner Rademacher, Ms. Carter
indicated the new parcel will be occupied by the applicant's son in a separate residence.
Bill Sarchet, Applicant, indicated he does not want to close an existing access due to safety concerns,
and he submitted a letter to the Department of Public Works outlining his concerns. He stated he wants
to compliment the Board for the County being debt-free, and he stated Sheriff Cooke is doing a good
job of slowing down the traffic on County Road 41. Commissioner Rademacher indicated that since
there are no safety concerns and the parcel will have a different owner than the applicant, it seems
appropriate to approve the additional access, and he moved to approve the request to delete Condition
of Approval #3.D for Recorded Exemption #5068. Commissioner Long seconded the motion.
Commissioner Conway stated the most compelling testimony he heard was that Mr. Sarchet is trying to
make the area safer, which is why he supports the request. Chair Kirkmeyer stated staff and
Mr. Sarchet have worked well together on the Recorded Exemption and working out the issues which
arose, and she will support the motion, due to the safety concerns and the fact that there will be
different owners of each of the two (2) parcels, as well as the facts that Mr. Sarchet has made efforts to
limit the access onto County Road 41 and that there will be no additional traffic created by the
additional access. There being no further discussion, the motion carried unanimously. (Clerk's Note:
Mr. Sarchet's letter to the Department of Public Works was obtained on March 23, 2011, and added to
the file as Exhibit B.)
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 9, 2010 2010-0651
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO RADO I
ATTEST: 1 �� ��
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Weld County Clerk to the are ✓` c>
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Minutes, March 9, 2010 2010-0651
Page 6 BC0016
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