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HomeMy WebLinkAbout20102287.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 27, 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, September 27, 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 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 September 22, 2010, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on September 22, 2010, as follows: 1) USR #1748 — Russell and Patricia Compton; 2) USR #1744 — Guadalupe, Rose, and Jose Chavez; and 3) USR #1754 — Keven and Heather Willard, do Kyle Ostrand. Commissioner Kirkmeyer 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 Long moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — COLLEEN LECHMAN: Chair Rademacher read the certificate into the record, recognizing Colleen Lechman for 21 years of service working for the Department of Human Services. Judy Griego, Director, Department of Human Services, expressed appreciation for Ms. Lechman's service, on behalf of the Division of Employment Service's staff, and she thanked her for the work she has completed with various employers in the area over the years. /CO Minutes, September 27, 2010 2010-2287 q Page 1 BC0016 Ms. Lechman indicated she has enjoyed working for the County. Ms. Griego stated there will be a potluck dinner later this week to celebrate Ms. Lechman's work. Commissioner Conway thanked Ms. Lechman for her service to Weld County and he wished her good luck with her future endeavors. Chair Rademacher concurred with Commissioner Conway. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. NEW BUSINESS: CONSIDER TWO (2) CHILD PROTECTION AGREEMENTS FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - ALTERNATIVE HOMES FOR YOUTH, INC.: Ms. Griego stated these agreements were presented to the Board at a work session conducted on May 10, 2010, and she believes these are the last two (2) agreements for the Core Services plan. She stated the agreements are to provide day treatment, for a maximum of $1,000.00, and mental health services, for a maximum of $1,000.00, with Alternative Homes for Youth, Inc. Commissioner Kirkmeyer moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RPM PROPERTIES, RLLLP: Christopher Woodruff, Assessor, stated this petition is for Tax Year 2009, and it is for a mini lube garage located within the City of Fort Lupton. He indicated staff examined the additional sales information provided by the tax agent, as well as the actual income generated by the business for the appropriate timeframe, and he recommends an adjusted value of $1,000,000.00, which is an abatement of $290,000.00, and a refund in the amount of $4,969.67. He clarified the recommendation is for a partial approval, since the tax agent recommended the value be set at $742,600.00.00, and staff determined the appropriate value to be $1,000,000.00. Commissioner Conway moved to approve said refund, in the amount of $4,969.67, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT FOR WELD COUNTY STRATEGIC CORRIDOR PROJECT ON CR 13, BETWEEN CR 54 AND U.S. HIGHWAY 34, AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Mike Bedell, Department of Public Works, stated this agreement is a part of the Department's Strategic Roads Improvement Project on County Road 13, and the existing railroad crossing is sub-standard, due to it being too narrow and beginning to fall apart. He stated the Department would like to replace the existing railroad crossing with a concrete railroad crossing, while it is completing the other improvements to County Road 13, and the project will be eligible for Larimer County to split the costs. Chair Rademacher inquired as to whether Union Pacific Railroad Company will contribute to the cost of upgrading the railroad crossing and whether it will conduct the maintenance for the railroad crossing. Mr. Bedell indicated Union Pacific Railroad Company will not contribute to the cost of upgrading the railroad crossing; however, it will provide the maintenance. He stated the Department requests approval to upgrade a railroad crossing through the Public Utilities Commission, and after being approved Union Pacific Railroad Company will dispatch a railroad crew to complete the work, and then the County will pay for the cost of the upgrade. Chair Rademacher inquired as to why this upgrade is not considered part of the maintenance of the railroad crossing. Mr. Bedell stated if the railroad crossing was considered hazardous, Union Pacific Railroad Company would initiate sending its own crew to repair it. In response to Chair Rademacher, Mr. Bedell indicated he views the situation the same as when a utility company owns a right-of-way and the County wants to make an improvement to their facilities, and Union Pacific Railroad Company's rights-of-way are stronger than the County's rights-of-way. Responding to Commissioner Conway, Mr. Bedell confirmed the cost for upgrading the railroad crossing will be approximately $64,000.00, which will be split evenly with Larimer County; therefore, Weld County's cost will be approximately $34,000.00. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded the motion. Minutes, September 27, 2010 2010-2287 Page 2 BC0016 Commissioner Kirkmeyer clarified this situation is different from other utilities, as a general rule of thumb, because the County road crosses the railroad, as opposed to the other way around. Mr. Bedell concurred that the railroads view the situation as Commissioner Kirkmeyer described, and he stated the railroads have a great deal of power when it comes to right-of-way issues. Commissioner Conway indicated Congress gave a great deal of power to the railroad companies. There being no further discussion, the motion carried unanimously. CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO KIVA PROPERTIES I, RLLLP, AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the Board is considering assigning a Tax Lien Sale Certificate for one (1) property to Kiva Properties I, RLLLP, which paid $329.01 for the principal, interest, and fees. He recommended approval. Commissioner Garcia moved to approve the assignment of said tax lien sale certificate to Kiva Properties I, RLLLP, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER SUBSCRIPTION AGREEMENT FOR PORTFOLIO ACCOUNTING MANAGEMENT SERVICE AND AUTHORIZE CHAIR TO SIGN -TRACKER, A DIVISION OF C2, LLC: John Lefebvre. Treasurer, indicated Tracker is a piece of online software which is utilized to track all of the County's investments, and it produces reports which are compliant with the Governmental Accounting Standards Board (GASB) auditing standards. He stated the software costs about one-third of what similar software would cost, and staff prefers the Tracker software to the Evare software that was previously being utilized by the Department; therefore, the Tracker software costs less and is of better quality. In response to Chair Rademacher, Mr. Lefebvre confirmed the matter was previously discussed at a work session with the Board. Commissioner Garcia indicated he recalls a number of bells and whistles were offered with this software and Mr. Lefebvre removed the unnecessary items from the agreement. Mr. Lefebvre confirmed Commissioner Garcia is correct; he does not want to purchase any unnecessary items. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, 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. Minutes, September 27, 2010 2010-2287 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:15 a.m. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: fi . �� \ � v^ sc,-,-- )`;� Dougl Rade acher, hair Weld County Clerk to the B. nit i y'I h 3' �1 A JAL AA.-- i/ All �� i �� tzi �. rbara Kirkme er ro-Tem Deputy Cl:f to a Board �'►.�� c Sean P. Conw dl . Garcia1. J/ aa), David E. Long Minutes, September 27, 2010 2010-2287 Page 4 BC0016 Hello