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Home My WebLink About20102758.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 15, 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, November 15, 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 Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of November 10, 2010, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on November 9, 2010: Violation Hearings; and Hearings conducted on November 10, 2010: 1) 2nd AmPF #336 - UQM Properties, Inc. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, stated he wants to dispel the myth that coordination is being used improperly by the American Stewards of Liberty. He stated members of the Board of County Commissioners, along with the County Attorney, indicated if the Board proceeded as the American Stewards of Liberty would like, Weld County would have to hire an entire team of attorneys; however, if that was the case, nobody would be utilizing coordination. He stated the local governments have utilized the expertise of the American Stewards of Liberty, and he hopes the Board will reconsider revising its Resolution regarding coordination, since there are several issues he has with the Resolution. CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. Minutes, November 15, 2010 2010-2758 Page 1 BC0016 BIDS: PRESENT BID #61000157, FIBER CONDUIT AND FIBER VAULTS FOR ADMINISTRATION BUILDING - DEPARTMENT OF PHONE SERVICES: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on November 29, 2010. She stated this bid is for fiber conduit to support the new administration building. Chair Rademacher inquired as to why there is a wide disparity between the high and low bids. Ms. Mika indicated she spoke to Sue Quick, Director, Department of Phone Services, about that and Ms. Quick will verify the bids are for comparable products before the bid is presented for approval. PRESENT BID #61000161, 150TH ANNIVERSARY PROMOTIONAL ITEMS — DEPARTMENT OF FINANCE: Glen Czaplewski, Weld County Intern, stated said bid will be presented for approval on November 29, 2010, and four (4) vendors submitted bids, one (1) of which is a local vendor. He stated the website component was removed from the bid specifications, in an effort to receive bids from more local businesses, and he reached out to the local Chambers of Commerce, as Commissioner Conway had requested. In response to Commissioner Conway, Mr. Czaplewski confirmed Coren Printing was the sole local vendor that submitted a bid. Responding to Chair Rademacher, Mr. Czaplewski stated most of the vendors indicated two (2) weeks would be sufficient time to provide the promotional items. In response to Commissioner Kirkmeyer, Mr. Czaplewski indicated he is unsure as to whether Coren Printing normally works with Polo shirts; however, it did provide hoodies to the Department of Public Works, and Coren Printing has been utilized for other similar projects before. Commissioner Conway stated he will not be here when the bid is presented for approval, and there appears to be a cost disparity. Mr. Czaplewski stated he is still waiting for samples to be provided by Coren Printing and Kopri Signs and Graphics, in order to be able to complete a quality comparison with the items, and it is hard to pin down the reason for the cost disparity without seeing the items. Commissioner Kirkmeyer indicated she wants the shirts to endure more than a few washings, and Mr. Czapleski concurred. PRESENT BID #61100009, 4X4 CAB AND CHASSIS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated said bid will be presented for approval on December 20, 2010, as well as the other bids being presented for the Department of Public Works today. In response to Commissioner Kirkmeyer, Ms. Mika confirmed there will be a work session to review this and the following bids for the Department of Public Works. PRESENT BID #61100011, TANDEM AXLE DUMP TRUCK WITH SANDER/PLOW - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated said five (5) vendors submitted a bid, and this bid will be presented for approval on December 20, 2010. PRESENT BID #61100012, THREE (3) AXLE TRUCK TRACTOR - DEPARTMENT OF PUBLIC WORKS: In response to Chair Rademacher, Ms. Mika clarified this bid is for one (1) three (3) axle truck tractor vehicle, and she indicated the bid will be presented for approval on December 20, 2010. PRESENT BID #B1100013, TANK TRAILER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated said bid will be presented for approval on December 20, 2010. PRESENT BID #B1100014, SINGLE AXLE TRUCK WITH DISTRIBUTOR TANK - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated four (4) vendors submitted bids, and said bid will be presented for approval on December 20, 2010. In response to Chair Rademacher, Ms. Mika stated she believes the distributor tank is for water; however, she will verify that. PRESENT BID #B1100015, THREE (3) MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika indicated this bid is for three (3) motorgraders and various options are available; therefore, this is the bid for the Department of Public Works which usually generates the most discussion at the work session, and said bid will be presented for approval on December 20, 2010. Minutes, November 15, 2010 2010-2758 Page 2 BC0016 PRESENT BID #B1100016, QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated three (3) vendors submitted bids, and said bid will be presented for approval on December 20, 2010. PRESENT BID #61100017, MINI SKID LOADER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated two (2) vendors submitted bids, and said bid will be presented for approval on December 20, 2010. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — BANK OF CHOICE: Christopher Woodruff, Assessor, stated this property is the old Potato Brumbaugh's/Goodberry's building, and this petition is for the year 2009. He stated the property owners did not protest the property value in the year 2009; however, in the year 2010, the property owners provided additional information to the Assessor's Office, and an adjustment was made. He stated the petitioners are requesting an adjustment be made for the year 2009, to match the 2010 value, which would be appropriate. Mr. Woodruff stated the original actual value of the property was $667,560.00, and the stipulated actual value is $556,300.00, yielding an abatement of tax in the amount of $2,428.47. Commissioner Garcia moved to approve said tax abatement, in the amount of $2,428.47, based on staff's recommendation. Commissioner Kirkmeyer seconded the motion. Commissioner Conway disclosed he is a shareholder in the Bank of Choice; however, he does not believe this necessitates recusal of himself from this matter. Bruce Barker, County Attorney, indicated he does not believe Commissioner Conway needs to recuse himself from the matter. There being no further discussion, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SHARON METCALF: Mr. Woodruff stated this petition and the following petition are both for the same property, for two (2) different years. He stated this is a property which escaped notification to the Assessor's Office that it was damaged by the main tornado in the year 2008. He stated staff visited the property and ascertained no improvements to the property have occurred since the tornado, and staff researched the documentation from the City of Windsor and Safebuilt, and determined the property was "red tagged" during the tornado event; therefore, he recommends a pro-rated adjustment for the property, which is what was applied to all the properties damaged by the tornado. Mr. Woodruff stated the original actual value for the property was $478,734.00, and the adjusted actual value is $254,068.00, resulting in a tax refund of $1,674.53. Commissioner Conway moved to approve said refund for Tax Year 2008, in the amount of $1,674.53, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RAYBEC ENTERPRISES, LLC: Mr. Woodruff stated Raybec Enterprises, LLC, is the successor of the property, after a foreclosure, and the total value of the improvement is being abated for Tax Year 2009, since it has been determined to be unlivable at this point, and upon inspection, it was observed animals are living in the structure. He stated the Assessor's Office will continue to check on the property, and as it becomes habitable, the valuation will increase. He stated the original actual value of the property was $459,195.00, and the adjusted actual value is $120,000.00, which will yield a tax refund in the amount of $2,515.19. Commissioner Garcia moved to approve said refund, in the amount of $2,515.19, based on staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously. Minutes, November 15, 2010 2010-2758 Page 3 BC0016 CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON-SITE INSPECTION, AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF EL CENTENARIO NIGHT CLUB, INC., DBA EL CENTENARIO NIGHT CLUB, FOR A TAVERN LIQUOR LICENSE: Mr. Barker indicated this tavern liquor license was transferred to new operators, since one (1) of the previous operators no longer wants to be involved in the business and he surrendered the license to the State, which resulted in the license being revoked. He stated the operating partner wants to continue operating the business; therefore, he is requesting a new license, and he has to begin the whole process over again. He stated the Board has to establish the neighborhood, and a Commissioner needs to inspect the establishment and make certain the map is as it is supposed to be, and everything else is in place, and the Board needs to set a hearing date for the liquor license application. Commissioner Kirkmeyer moved to establish the neighborhood to be served as Sections 19, 20, 21, 28, 29, 30, 31, 32, and 33, T1 N, R66W, designate Commissioner Garcia to make the on-site inspection, and to set a hearing date of December 6, 2010, to consider said application. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Trevor Jiricek, Department of Public Health and Environment, stated Dr. Mark Wallace, M.D., Director of the Weld County Department of Public Health and Environment, has requested a continuance of this and the following item until Wednesday, since there is an unforeseen heating issue Dr. Wallace is dealing with this morning at the Southwest building. Commissioner Kirkmeyer indicated the fee schedules were discussed in a work session and she is comfortable approving the schedules. Commissioner Conway inquired as to whether Dr. Wallace wants to be here when the fee schedules are approved. Mr. Jiricek stated he does not think Dr. Wallace would be opposed to the Board approving the fee schedules if the Board does not have any questions, and he can answer any questions the Board may have regarding the Environmental Health fees, which are the next item of business. In response to Chair Rademacher, Commissioner Conway confirmed the fee adjustments are for the purpose of cost recovery. Mr. Jiricek clarified the fee adjustments are for cost recovery, when referring to the Public Health Nursing fees. Commissioner Kirkmeyer moved to approve said revisions to the fee schedule for fees collected by the Weld County Department of Public Health and Environment. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Commissioner Kirkmeyer stated these fees were also reviewed in the work session. Mr. Jiricek concurred and he indicated there were very few changes made to the Environmental Health fees. Commissioner Kirkmeyer moved to approve said revisions to the fee schedule for Environmental Health fees collected by the Weld County Department of Public Health and Environment. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO A A & S, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated these are two (2) Tax Lien Sale Certificates for two (2) mobile homes in the same mobile home park, and a total of $212.62 has been paid. He recommended approval. Commissioner Conway moved to approve the assignment of said Tax Lien Sale Certificates to A A & S, Inc., and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 243-B SUPPLEMENTAL APPROPRIATION FOR 2010: Mr. Barker indicated this Resolution is to direct the Clerk to the Board to publish Emergency Ordinance No. 243-B. Commissioner Kirkmeyer moved to direct the Clerk to the Board to publish Emergency Ordinance No. 243-B. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, November 15, 2010 2010-2758 Page 4 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 WELD CO_LI , OLORADO ATTEST: /3 : �► C" ( . La�� Dougl js adem3cher hair Weld County Clerk to the Bnf' d 0. etti 4,4 iltA4_ IA' 2442 1_•1 S .,,0c i arbara Kirkmey Pro-Tem Deputy C.= to the Boa u,i4 ` ' ®Q� �� Sean P. CCin,bm Willi F. Garcia, iiai Lo Davi . Long Minutes, November 15, 2010 2010-2758 Page 5 BC0016 Hello