HomeMy WebLinkAbout20100440.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 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, March 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
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 February 24, 2010, as printed. Commissioner Kirkmeyer 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 Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE — KIM FLIETHMAN: Chair Rademacher read the
certificate into the record, recognizing Kim Fliethman for 33 years of service with the Weld County
Sheriff's Office.
John Cooke, Sheriff, stated Mr. Fliethman has been a true friend, in addition to being an employee, and
he learned a great deal about supervision from him. Sheriff Cooke stated Mr. Fliethman is
irreplaceable and his absence will create a large hole. He stated Mr. Fliethman worked over the
weekends and did what was necessary to ensure work projects were completed. He thanked
Mr. Fliethman for his service, dedication, and friendship.
Mr. Fliethman stated the Weld County Sheriff's Office is successful due to employees and he
appreciates the time he spent working for the Sheriff's Office.
Minutes, March 1, 2010 2010-0440
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Commissioner Conway thanked Mr. Fliethman for his service, and stated he has been a valuable asset
to the County. Commissioner Garcia thanked Mr. Fliethman for the presentations he has provided the
Board at meetings throughout the years, and he stated he appreciates Mr. Fliethman's professionalism
and decorum. He stated Mr. Fliethman has been appreciated, and he wished him luck with future
endeavors. Commissioner Long stated Mr. Fliethman is a great man and he thanked him for his
service. Commissioner Kirkmeyer concurred with the previous comments, and stated she appreciates
the opportunity to have worked with Mr. Fliethman. Commissioner Rademacher concurred with the
previous comments, and stated Mr. Fliethman's peers think highly of him.
RECOGNITION OF SERVICES, SHERIFF'S OFFICE - THOMAS JOHNSTON: Chair Rademacher
read the certificate into the record, recognizing Thomas Johnston for 34 years of service with the Weld
County Sheriff's Office.
Sheriff Cooke stated Mr. Johnston has been invaluable to the Sheriff's Office and is irreplaceable. He
stated Mr. Johnston has been a dear friend and he appreciates his service.
Mr. Johnston stated he has served under several great Sheriffs and Sheriff Cooke is the greatest of
them. He stated he has also enjoyed working with Margie Martinez, Undersheriff, and the people from
the judiciary system.
Commissioner Garcia stated Mr. Johnston has served the County well and he is sorry he is moving on,
and he wished him luck with his future endeavors. Commissioner Kirkmeyer stated Mr. Johnston has a
great sense of humor and she thanked him for his service. Commissioner Conway stated Mr. Johnston
embodied the spirit of public service and he is an incredible role model. Commissioner Long wished
Mr. Johnston a great retirement, and stated Mr. Johnston has an infectious attitude. Commissioner
Rademacher concurred with the previous comments, and stated the Weld County Sheriff's Office is
losing two very dedicated employees, and he wished Mr. Fliethman and Mr. Johnston well.
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — MARIA MARTINEZ: Chair
Rademacher read the certificate into the record, recognizing Maria Martinez for 34 years of service.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1000057, COURTHOUSE ELEVATOR UPDATE - DEPARTMENT OF BUILDINGS
AND GROUNDS: Monica Mika, Director of Finance and Administration, stated there are four (4)
vendors that submitted a bid and said bid will be presented for approval on March 15, 2010. Ms. Mika
stated none of the vendors that submitted bids are locally based and she will investigate the reason for
it.
In response to Commissioner Kirkmeyer, Toby Taylor, Department of Buildings and Grounds, stated
the elevator being updated is located within the original courthouse building. Mr. Taylor stated there
are several elevators in the building which are approximately 30 years old and it is becoming difficult to
obtain replacement parts for the older elevators; therefore, a plan is being developed to replace the
elevators on a cyclic basis. In response to Commissioner Kirkmeyer, Mr. Taylor stated the elevators in
this building, the Centennial Center, were installed in the year 1976.
PRESENT BID #61000065, BRIGGSDALE GRADER STATION STORAGE TANKS AND
INFRASTRUCTURE - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated there are two vendors
that submitted a bid and said bid will be presented for approval March 15, 2010. She stated neither of
the vendors that submitted bids is locally based and she will investigate the reason for it.
Minutes, March 1, 2010 2010-0440
Page 2 BC0016
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MONAHAN GAS AND
OIL, INC.: Christopher Woodruff, Assessor, stated this item is a petition for multiple oil and gas
accounts, for the year 2007. Mr. Woodruff stated when Monahan Gas and Oil, Inc., originally filed its
2007 taxes, it did not calculate all of the allowed expenses and it is within the time period allowed for
corrections to be made to the 2007 filing. He stated the original assessed amount was $950,600.00,
and after deducting the allowed expenses, the adjusted amount is $634,110.00, which will yield a tax
refund in the amount of $21,657.45. Mr. Woodruff stated the company will not receive interest on the
taxes before the date the petition was filed. Commissioner Garcia moved to approve said refund, in the
amount of $21,657.45, based on staff's recommendation. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MONAGO OPERATING, INC.:
Mr. Woodruff stated this is the same situation as the last petition, with a different company, Monago
Operating, Inc. He stated the petition is for multiple oil and gas accounts and the company did not
deduct the allowed expenses when it reported its production data. He stated the original assessed
value was $728,250.00, and the corrected value is $441,620.00, which will yield a tax refund in the
amount of $20,588.14. He further stated interest will be paid from the date the petition was filed; not
from the date the taxes were paid. Commissioner Conway moved to approve said refund, in the
amount of $20,588.14, based on staff's recommendation. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 25 AND 27: Janet Carter,
Department of Public Works, stated said closure will commence March 15, 2010, through March 24,
2010, in order to replace a culvert. Ms. Carter stated the average daily traffic count for County Road 74
is 2,332 trips, according to a count conducted in the year 2008, and magnesium chloride will be utilized
for dust abatement on the gravel portions of the detour route. She stated message boards, road signs,
and barricades will be utilized in order to advise drivers of the road closure. Commissioner Garcia
moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 80 BETWEEN CRS 13 AND 15: Ms. Carter stated said
closure will commence March 8, 2010, through March 12, 2010, in order to replace a culvert. She
stated magnesium chloride will be utilized for dust abatement on the gravel portions of the detour route,
and the average daily traffic count for County Road 80 is 319 trips, according to a count conducted in
the year 2009. She stated road signs and barricades will be utilized in order to advise drivers of the
road closure. Commissioner Garcia moved to approve said closure. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 54 AND 56: Ms. Carter stated said
closure will commence March 3, 2010, through March 12, 2010, in order to replace a culvert. She
stated the average daily traffic count for County Road 13 is 150 trips, according to a count conducted in
the year 2008, and magnesium chloride will be utilized for dust abatement on the gravel portion of the
detour route. She stated road signs and barricades will be utilized in order to advise drivers of the road
closure. Commissioner Conway moved to approve said temporary closure. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Office of Emergency Management, clarified
that although this item is an agreement for the year 2010, it utilizes the remaining funds from the year
2007. Mr. Rudisill stated the Office returned part of the funds awarded in the year 2007 and those
Minutes, March 1, 2010 2010-0440
Page 3 BC0016
funds are being reauthorized by the State. He stated the grant will be in the amount of $6,000.00, and
there will be a 50 percent County cash match from the equipment budget for the Office of Emergency
Management. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ADOPTION OF UPDATED NORTHEAST COLORADO REGIONAL HAZARD
MITIGATION PLAN: Mr. Rudisill stated the Northeast Colorado Region created the Hazard Mitigation
Plan in the year 2003, and all 11 counties within the All Hazards Region are incorporated into the Plan,
including Larimer County, Lincoln County, Phillips County, Kit Carson County, and Cheyenne County.
He stated the Colorado Division of Emergency Management has provided the funding necessary to pay
the contractor to develop the Plan. He stated the update examined hazards which have previously
occurred within the County, such as flooding, blizzards, tornadoes, and floodplain changes.
Commissioner Kirkmeyer moved to adopt the Updated Northeast Colorado Regional Hazard Mitigation
Plan. Commissioner Long seconded the motion. Commissioner Kirkmeyer stated she is aware that
Mr. Rudisill involved the Departments of Planning and Public Works in updating the Plan, Mr. Rudisill
collaborated with many people throughout the process, and she commended him for his hard work. Mr.
Rudisill inquired as to whether hard copies of the Plan should be provided to all the libraries in the
region. In response to Commissioner Conway, Mr. Rudisill confirmed the Plan is 587 pages in length.
Commissioner Kirkmeyer stated the Plan should be posted on the Office of Emergency Management
and Weld County websites, and the libraries should incorporate links to the Plan on the library
websites. Mr. Rudisill stated there are sometimes means available to have the Plan published at no
cost to the County and if he is able to utilize one, he will; otherwise, he will ensure the Plan is available
on the websites. There being no further discussion, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO CARLSON FARMS
HOMEOWNERS' ASSOCIATION, INC., AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS: Stephanie Arries, Assistant County Attorney, stated a few weeks ago there was a
redemption by the Carlson Farms Homeowners' Association of several of the common areas, at which
time it was discovered, there are two lots available which the Association would like to turn into a park.
Ms. Arries stated there is a private investor that paid the taxes for the last two years; therefore, it is not
clear whether the private investor or the Homeowners' Association will end up with the ownership of the
two lots. In response to Commissioner Conway, Ms. Arries stated the private investor did not pay the
last tax assessment, and Joyce Miller, Treasurer's Office, contacted the private investor to advise the
investor that the Homeowners' Association is interested in purchasing the tax lien certificates, and at
that time, the private investor did not want to sell to the Homeowners' Association. She stated at this
point, the private investor and the Homeowners' Association have equal rights to the lots; therefore, we
will have to wait and see which one buys the other one out. Commissioner Garcia moved to approve
said assignment of tax lien sale certificates to Carlson Farms Homeowners' Association, Inc., and
authorize the Chair to sign any necessary documents. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER ACCEPTANCE OF DONATION OF $1,500.00 TO WELD COUNTY PARAMEDIC
SERVICE, BY HAROLD HARPER: Dave Bressler, Director, Paramedic Services, stated the donation
is from a family who utilized the Weld County Paramedic Service and wants to provide the donation in
response to the quality of service the crew provided. In response to Chair Rademacher, Mr. Bressler
stated a thank you letter is typically sent from both the Department and the County when donations are
accepted. Commissioner Kirkmeyer indicated the letter from Mr. Bressler is much more detailed than
the one from the County. Mr. Bressler stated the Board may sign the letter he drafted or it may provide
one of its own. Commissioner Kirkmeyer moved to approve acceptance of said donation to the Weld
County Paramedic Service. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, March 1, 2010 2010-0440
Page 4 BC0016
CONSIDER REAPPOINTMENTS AND APPOINTMENTS TO WORKFORCE DEVELOPMENT
BOARD: Commissioner Kirkmeyer moved to reappoint Dennis Trego and Milton Wedgewood to the
Workforce Development Board, and to appoint Brenda Rask and Rochelle Mitchell-Miller, with terms
expiring December 31, 2012. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4989 - TIMOTHY AND GAIL POWERS: Chris Gathman,
Department of Planning Services, stated this is a request for a two-lot recorded exemption, which will
divide Lot A of Recorded Exemption #3005. Mr. Gathman stated the only reason staff is opposed to
the division is because Recorded Exemption #3005 is not eligible for a land split until after May, 2010;
however, staff has no other concerns with the proposal.
Timothy Powers, applicant, stated he is requesting the land split for financial reasons; the bank will not
refinance a home loan without the Recorded Exemption occurring. Mr. Powers stated he borrowed the
money to rebuild the house and the bank indicated it would refinance the loan in one (1) year; however,
it has not refinanced the loan and he has been paying a high interest rate for two (2) years. He stated
he does not want to sell the house; he simply wants to refinance the loan in order to be able to afford to
remain on the property. Commissioner Kirkmeyer inquired as to why staff did not suggest that
Mr. Powers apply for a subdivision exemption, as opposed to a recorded exemption. Mr. Gathman
stated the issue complicating the refinancing is the fact there are multiple homes on the property,
including the farm house and a modular home, which is authorized as a temporary use for a medical
hardship. Commissioner Kirkmeyer stated her understanding of the subdivision exemption process is
that it was created specifically for financial purposes; to allow the property owner to separate a portion
of the property for financial purposes, without actually dividing the property. She stated the subdivision
exemption process costs less and takes less time than the recorded exemption process, and a property
owner is able to apply for a loan for a specific amount of land with a home on it. She further stated that
she applied for a subdivision exemption on her property for similar purposes.
Bruce Barker, County Attorney, stated the matter being considered at this time is a recorded
exemption. In response to Commissioner Kirkmeyer, Mr. Barker stated the subdivision exemption
process probably could have been utilized for this case. Mr. Gathman stated the issue with a
subdivision exemption is that there are not two permanent residences on the property, since the mobile
home is a temporary use, and he inquired as to whether Mr. Powers is attempting to solely refinance
the main house on the property. Mr. Powers confirmed he is attempting to refinance the main house on
the property. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed that Mr. Powers may
have been eligible to apply for a subdivision exemption; however, the advantage of applying for a
recorded exemption is that, if approved, the modular will be on a separate property and it will then be
reclassified as a principal residence; therefore, Mr. Powers will not need to remove the modular home
when there is no longer a medical hardship. Commissioner Kirkmeyer stated she is in favor of the
recorded exemption; however, she feels that staff sent the applicant down a more costly path than the
subdivision exemption process would have been, and the applicant did not express his desire was to
make the modular home a primary residence; he indicated the goal was to refinance the primary
residence.
Chair Rademacher gave the opportunity for public testimony; however, there was none.
Commissioner Kirkmeyer moved to approve Recorded Exemption #4989. 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.
Minutes, March 1, 2010 2010-0440
Page 5 BC0016
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 9:46 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, March 1, 2010 2010-0440
Page 6 BC0016
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