HomeMy WebLinkAbout20100235.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 1, 2010
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, February 1, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
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 27, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on January 27, 2010, as follows: 1) AmUSR-1679 — JLW Investment, LLC; and
2) USR-1695 — A & W Water Service, Inc. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following under New
Business: 9) Consider Master Services Agreement for Used Oil Disposal and authorize Chair to sign —
Thermo Fluids, Inc. Commissioner Conway seconded the motion, which carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #B1000047, 2010 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC WORKS:
Monica Mika, Director of Finance and Administration, stated the bid will be considered for approval on
February 17, 2010, and five of the vendors submitted bids which are less than the engineer's cost
estimate. Ms. Mika stated there will be eight (8) bridges rehabilitated. Commissioner Conway stated it
is good to see numerous local vendors submitting bids.
Minutes, February 1, 2010 2010-0235
Page 1 BC0016
(7-13(U3/( C,`
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - A & G
CONCEPTS, INC., DBA BEARS SPORTS SALOON: Bruce Barker, County Attorney, stated there
have not been any incidents concerning the facility within the past year; therefore, he recommends
approval. Commissioner Garcia moved to approve said application and authorize the Chair to sign.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ASSIGNMENT OF TAX SALE CERTIFICATES TO CARLSON FARMS HOMEOWNERS'
ASSOCIATION, INC.: Stephanie Arries, Assistant County Attorney, stated these tax sale certificates
are for a development and the Home Owners Association has purchased the certificates, and she
recommended approval. Commissioner Conway thanked Ms. Arries for her diligence in resolving these
tax certificate matters. Ms. Arries stated Joyce Miller, Treasurer's Office, has also worked hard to
resolve these matters. Commissioner Conway moved to approve said assignments and authorize the
Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY: Barbara Connolly,
Controller, stated three (3) ambulances need to be declared as surplus property and four (4) new
ambulances were purchased. Ms. Connolly stated the fourth ambulance is an addition to the fleet; not
a replacement. Commissioner Conway inquired as to whether the ambulances will be sold at auction.
Ms. Connolly stated one (1) of the ambulances is being traded to the vendor that the new ambulances
were purchased from and two (2) of the ambulances are being traded for services. Commissioner
Conway moved to declare said equipment as surplus. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
CONSIDER SEISMIC MINERAL PERMIT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
GEOKINETICS USA, INC.: Mr. Barker stated the Board approved a similar agreement several months
ago for the same company regarding seismic testing in a different area. He stated when there is a
surface interest, an easement is obtained; however, this agreement is for the sole purpose of
notification and there is no risk to the County. Commissioner Long moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 56 BETWEEN CRS 13 AND 15: Janet Carter,
Department of Public Works, stated the closure will commence February 8, 2010, through February 12,
2010, in order to replace a culvert with a larger pipe. Ms. Carter stated the average daily traffic count
for County Road 56 is 75 trips, according to a traffic count taken in the year 2008, and water will be
utilized for dust control on the gravel portion of County Road 13. She stated roads signs and
barricades will be utilized to notify drivers of the closure. Commissioner Garcia moved to approve said
temporary closure. The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 24 BETWEEN CRS 19 AND 23: Ms. Carter stated the
closure will commence February 8, 2010, through February 19, 2010, in order to replace a rusty culvert.
She stated magnesium chloride will be utilized for dust control and the average daily traffic count on
County Road 24 is 1,001, according to a traffic count taken in the year 2006. She stated message
boards, road signs, and barricades will be utilized to notify drivers of the closure. Commissioner
Conway moved to approve said temporary closure. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
Minutes, February 1, 2010 2010-0235
Page 2 BC0016
CONSIDER 2009 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR THE
HIGHWAY USER TAX FUND: Don Carroll, Department of Public Works, stated the Highway User Tax
Fund is a mechanism to redistribute gas taxes and other fees to local governments for transportation
maintenance and improvements. Mr. Carroll stated this is an annual report which is submitted to the
State in order to update the local road inventory database. He stated there are three (3) tiers of the
funds and the first two (2) tiers are State mandated. He further stated 60 percent of the funding is
based on jurisdictional miles of roadway, 15 percent is based on the percent of rural motor vehicle
registrations in the unincorporated areas of the County, 15 percent is based on overall motor vehicle
registrations, and 10 percent is based on the percent of total statewide bridge decks. Mr. Carroll stated
Weld County contains 321 major bridge deck structures which are greater than 20 feet in length and
195 minor bridge deck structures which are less than 20 feet in length, for a total of 516 bridge deck
structures. He stated the second page of the summary indicates the County is claiming 674 miles of
paved (arterial) roads and 2,330 miles of gravel (local) roads this year. He stated there were
approximately 88 annexations last year, and he reviews the annexations each year in order to
determine whether the County has decreased its miles of roadway, and makes any necessary
adjustments. Mr. Carroll stated there was one (1) small deannexation this year where the County
reaccepted responsibility for a small portion of roadway from the City of Brighton; however, the City of
Brighton has since reassumed responsibility for the portion of roadway. He stated the Department of
Public Work's system is linked to the State and the County GIS systems. He stated the County's road
mileage is decreasing each year as a result of annexations, and this year approximately seven miles of
gravel roadway was removed from the County since the County is no longer maintaining it, the paved
roads in the Beebe Draw Farms Metropolitan District Nos. 1 and 2 areas were removed from the
County, approximately 16 miles of roads were annexed, and approximately 12 miles of gravel roadway
were changed to pavement; therefore, the County is claiming approximately 32 fewer miles of roadway
this year than last year. Commissioner Kirkmeyer stated approximately $1,000,000.00 more in funding
was collected for the year 2008 than in the year 2009; therefore, perhaps Mr. Carroll should verify the
State Treasurer's Office figures are correct. Mr. Carroll stated he will make some phone calls to verify
the information. Commissioner Kirkmeyer moved to approve said report. The motion, which was
seconded by Commissioner Garcia, carried unanimously.
CONSIDER PETITION AND ANNEXATION AGREEMENT FOR ANNEXATIONS NO. 1 THROUGH
NO. 4 OF PORTIONS OF CR 26 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
TOWN OF FIRESTONE: Dave Lindsay, Engineer for the Town of Firestone, stated the assignment
requires written approval from the gravel operators; therefore, he requests the matter be continued to
February 22, 2010. Mr. Lindsay stated there were two (2) gravel operators and he understands one (1)
of the gravel operators has purchased the other operation; therefore, he needs to verify the necessary
assignments were made before finalizing the language in the proposed agreement. In response to
Chair Rademacher, Mr. Barker stated the proposed agreement is not premature; however, he
recommended continuing the matter. Chair Rademacher gave the opportunity for public testimony;
however, none was given. Commissioner Conway moved to continue the matter to February 22, 2010,
at 9:00 a.m. Commissioner Kirkmeyer seconded the motion. In response to Chair Garcia, Ms. Arries
stated she will provide the language which was incorporated into the proposed agreement at the
Board's work session to the Board for review. There being no further discussion, the motion carried
unanimously.
CONSIDER MASTER SERVICES AGREEMENT FOR USED OIL DISPOSAL AND AUTHORIZE
CHAIR TO SIGN - THERMO FLUIDS, INC.: Dr. Mark Wallace, M.D., Director, Department of Public
Health and Environment, thanked the Board for amending the agenda to include this item of business,
which was discussed at a work session this morning. Dr. Wallace stated the agreement will allow the
Department to continue to collect used oil filters and anti-freeze at the two (2) Household Hazardous
Waste sites. He stated the agreement has been negotiated with Thermo Fluids, Inc., for several
Minutes, February 1, 2010 2010-0235
Page 3 BC0016
months, in order to incorporate additional language to protect the County, and the fee schedule is
attached to the agreement. He further stated there will be a rebate, if the collected oil is relatively
clean, which will pay for most of the cost of the materials being removed and the Program; however,
there will be a charge assessed if the oil is contaminated; therefore, the Department will enact
reasonable measures and precautions to ensure the collected oil is not contaminated. Dr. Wallace
stated there were three (3) companies considered; however, Thermo Fluids, Inc., is willing to
incorporate the language necessary to protect the County's interests. He stated the matter is
somewhat urgent due to the Household Hazardous Waste sites being closed as a result of staff
needing to attend to H1 N1 Influenza matters; therefore, the oil tanks are full and the materials need to
be removed. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Conway, and it carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLIC AND PRIVATE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USR-1677 - HIGH PLAINS DISPOSAL, INC.: Rich Hastings, Department of
Public Works, stated this facility is an injection well, similar to another facility this company owns, which
is located on County Road 54 and west of County Road 49, and this facility is located on the south side
of County Road 32. Mr. Hastings stated County Road 32 is a collector road; therefore, it will require
80 feet of right-of-way at full build out, and the average daily traffic count for County Road 32 is
842 vehicles. He stated acceleration and deceleration lanes will be required, which were also required
for the facility located on County Road 54, and drainage features will be added to the facility.
Commissioner Kirkmeyer stated neighbors have complained to her regarding the facility located on
County Road 54, that the shoulders have created a hazard when traveling east, as opposed to making
the area safer; therefore, care should be taken in planning the acceleration and deceleration lanes for
this facility. Mr. Hastings stated he will share Commissioner Kirkmeyer's concern with the inspectors
and request that they monitor the matter. Commissioner Garcia moved to approve said agreement,
authorize the Chair to sign, and accept said collateral. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PUBLIC
IMPROVEMENTS) FOR USR-1638 — BARTEZ, LLC: Kim Ogle, Department of Planning Services,
stated there are two (2) letters of credit for Bartez, LLC; one (1) is for off-site improvements and the
other is for on-site improvements. Mr. Ogle stated the applicant has submitted a replacement Letter of
Credit in the amount of $1,304.00, for the public off-site improvements, and another Letter of Credit in
the amount of $14,037.00, for the private on-site improvements. He stated the Departments of Public
Works and Planning Services have reviewed the collateral and determined the amounts to be sufficient
to complete the necessary improvements; therefore, approval is recommended. Commissioner
Kirkmeyer moved to approve said partial cancellation and release, as recommended by staff.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PRIVATE
IMPROVEMENTS) FOR USR-1638 — BARTEZ, LLC: Based on previous discussion Commissioner
Conway moved to approve said partial cancellation and release, as recommended by staff.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND INSPECTION DUTIES FOR
USR-1676 TO CITY OF BRIGHTON - VESTAS BLADES AMERICA, INC.: Mr. Ogle recommended
release of the collateral, in the amount of $8,499,191.70, to the City of Brighton, which annexed the
land on which Vestas Blades America, Inc, is located. Commissioner Conway moved to approve said
cancellation and release of collateral and inspection duties to the City of Brighton, as recommended by
staff. The motion was seconded by Commissioner Garcia. Commissioner Kirkmeyer inquired as to
Minutes, February 1, 2010 2010-0235
Page 4 BC0016
how the County will ensure the on-site improvements agreed to in the Use by Special Review will be
completed. Mr. Ogle stated the on-site improvements are in the process of being completed and the
Weld County Building Official will issue a Certificate of Completion to the City of Brighton. Mr. Barker
stated the collateral and inspection duties will be transferred to the City of Brighton, and the City has
agreed to follow up on all of the on-site improvements in a letter the City has submitted to the County.
There being no further discussion, 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 9:38 a.m.
d'a� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: O 'c
Douglas' Rademac er, Chair
Weld County Clerk to the Boar.
®��� Barbara Kirkmeyer, Pro-Tem T
BY: a, ;:, in . ---
De y Cler to the Board
Sean P. onway
William F. Garcia
EXCUSED
David E. Long
Minutes, February 1, 2010 2010-0235
Page 5 BC0016
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