HomeMy WebLinkAbout20102785.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 17, 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 17, 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- EXCUSED
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
Controller, Barb Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of November 15, 2010, 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 Long moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL ADOPTION DAY - NOVEMBER 19, 2010: Chair Pro-Tem Kirkmeyer read the certificate
into the record, recognizing November 19, 2010, as National Adoption Day. Commissioner Conway
thanked the Weld County staff involved with adoptions for their service to the community.
Commissioner Long concurred, and he stated it is difficult matching kids with the right families and
good parents. He stated the day a child is adopted is the second most important day of their lives, next
to the day they were born, since it is the day they become a part of a stable family. Commissioner
Garcia concurred and he thanked the 19th Judicial District for its contribution, in addition to the Weld
County staff. Chair Pro-Tem Kirkmeyer concurred with the previous comments made by
Commissioners Long and Garcia.
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PRESENTATIONS:
RECOGNITION OF SERVICES, NOXIOUS WEED MANAGEMENT ADVISORY BOARD — GEORGE
BECK: Chair Pro-Tern Kirkmeyer read the certificate into the record, recognizing George Beck for
eight (8) years of service on the Noxious Weed Management Advisory Board. Commissioner Garcia
stated that Tina Booton, Department of Public Works, Weed Division, is unable to be here today, since
she is chipping Russian Olive trees; however, she sent an e-mail indicating Mr. Beck has been a great
asset to the Noxious Weed Management Advisory Board; he is a professor of Weed Science at
Colorado State University (CSU) and he completes a lot of local research.
RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH - KEITH RIGGS: Chair Pro-Tem
Kirkmeyer read the certificate into the record, recognizing Keith Riggs for three (3) years of service on
the Board of Public Health.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated Bruce Barker, County
Attorney, and Chair Rademacher, appeared before the Water Conservation Commission on Monday,
and made a very good presentation; however, it voted seven (7) to three (3), in opposition to the points
made by Mr. Barker and Chair Rademacher. He stated it seems some of the members did not
understand the rules to opt in or opt out, based on a conversation which ensued after the meeting.
In response to Commissioner Conway, Mr. Barker indicated the one (1) main issue is that even with
adoption of the amended Rule 8, creating a one-half foot floodway, communities with approximate
mapping can ignore the floodway rules. Responding to Chair Pro-Tem Kirkmeyer, Mr. Barker stated
the County is not at a disadvantage because it is mapped. He stated the point raised by Dave Bauer,
Department of Public Works, is that a one-half foot State standard needs to be enforced in all areas,
since eventually the areas with approximate mapping will also be mapped, and at that point, the
one-half foot standard will be recognized for all areas within the State. He stated it is intended to be a
statewide standard; however, the State staff has expressed that people in the approximate mapping
areas do not have to recognize the half-foot rule if the areas do not want to. Mr. Barker stated it is
ridiculous to have a statewide rule which certain communities do not need to follow, and he will prepare
a letter on behalf of the Board regarding the matter. He stated the rule was adopted on Monday, and
the final written version will be available today. He stated Mr. Bauer would be able to explain the matter
better. Commissioner Conway thanked Mr. Bauer for his work on the matter, and he stated the Board
will continue to battle this. He indicated he is optimistic the Water Conservation Commission might
reconsider the matter, since all of its members did not all understand the provisions.
Mr. Bauer reiterated the acceptance of the amended rules occurred on Monday, and he stated it will
take until January, 2011, for the approved rules to be published and become official for the State. He
stated there will be no legislative review of the rules, and there are a significant amount of
inconsistencies within what was passed; not only regarding the floodway. He stated the County will
face a dilemma about how to administer the rule in the interim before the County has adopted the
standard, which it may be forced to do within a three (3) year period. Mr. Bauer stated there are just
35 miles of floodplains with detailed maps within Weld County, and there are over 500 miles of
floodplains. He indicated the County will have to determine whether it will require the higher standard
for future buildings and additions, repairs, and renovations to existing buildings, in order to be compliant
with the new law. He indicated if the County does not require the higher standard, it will be placing
people in a position to invest in construction which will not be compliant, and the County government
should not advise people to proceed with construction which does not meet the State standards.
Mr. Bauer stated the implementation of the new rules is not as simple for Weld County to implement, as
it is for some of the more urbanized areas. He stated he and Clay Kimmi, Department of Public Works,
are compiling a list of the issues they have discovered with the new rules, and then they can take the
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matter to the next level if the Board wants them to; however, it is going to be complicated. He indicated
he and Mr. Barker will put forth their best effort. Commissioner Conway thanked Mr. Bauer for his hard
work. Chair Pro-Tem Kirkmeyer concurred with Commissioner Conway, and she stated perhaps the
Board should be thinking of some type of a legislative fix and working with the legislators to correct the
issue, since these are rules; not laws. Commissioner Conway stated the County made a compelling
argument at the Water Conservation Commission meeting and he acknowledged the hard work of
Mr. Bauer, Mr. Barker, and the Board of County Commissioners in trying to bring common sense to the
rule making. He stated the County needs to continue to battle these rules, since the rules have serious
consequences, and this is a private property rights issue, since the rules will ultimately adversely
impact private property owners.
BIDS:
PRESENT BID #81000162, RECYCLING OF WASTE TIRES - DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT: Barb Connolly, Controller, stated two (2) vendors submitted bids; one (1) is
based out of the City of Longmont, and the other is based out of the Town of Sedalia. She stated the
bid will be presented for approval on December 6, 2010, and Trevor Jiricek, Environmental Health, is
reviewing the bid at this time. In response to Chair Pro-Tem Kirkmeyer, Ms. Connolly indicated she is
unsure as to whether the vendor located within the City of Longmont is within Weld County. Chair
Pro-Tem Kirkmeyer stated Snowy River Enterprises was at least within Weld County at one (1) time,
and it may still be within Weld County. In response to Commissioner Garcia, Ms. Connolly stated
whoever has the tires makes the arrangements for the delivery of the tires to the site; that is how the
bid was written.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 51 AND AUTHORIZE CHAIR TO SIGN — FAULKNER
DAIRY II, LLC: Janet Carter, Department of Public Works, stated staff creates a nonexclusive license
agreement when a right-of-way permit is requested and something will remain in the road right-of-way.
She stated Faulkner Dairy II, LLC, wants to install an eight (8) inch irrigation pipe under the roadway;
therefore, it has applied for a right-of-way permit and it has agreed to repair any damages caused to the
roadway. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
SHORT ELLIOTT HENDRICKSON, INC.: Mike Bedell, Department of Public Works, stated this
agreement is related to a bridge rehabilitation project, for which a grant was awarded from Federal
funds administered by the Colorado Department of Transportation (CDOT). He stated the project will
include rebuilding the overlay and joints on the deck, and encasing steel piles and reinforced concrete
underneath the bridge. He stated in order to properly design the rehabilitation work, staff would like to
hire a consultant who specializes in bridge designs and that can design a bridge which meets the
requirements CDOT has, including determining how much weight the structure can hold. He indicated
staff is proposing hiring the firm of Short Elliott Hendrickson, Inc., since they are familiar with it and
know the firm is capable of completing the work. Chair Pro-Tem Kirkmeyer inquired as to whether a
Request for Proposal (RFP) was completed or whether staff simply selected a firm it liked. Mr. Bedell
indicated staff just selected a firm it wanted because the cost for the agreement is relatively small.
Chair Pro-Tem Kirkmeyer stated the dollar amount is almost $20,000.00. Mr. Bedell stated Short Elliott
Hendrickson, Inc., is an on-call engineering services consultant for the County. In response to Chair
Pro-Tem Kirkmeyer, Mr. Bedell stated the list of consultants for on-call engineering services was
developed in July, 2005, when a RFP process was completed and the consultants were interviewed,
and the County awarded contracts to two (2) companies; Short Elliott Hendrickson, Inc., and FHU
(Felsburg, Holt, and Ullevig). He indicated the Department has utilized those two (2) consultants since
the contracts were awarded, and the on-call services contracts expired after four (4) years, in
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July, 2009, at which time the Department was going to issue a new RFP; however, it was determined
not to be cost effective. Mr. Bedell indicated he met with Pat Persichino, Director, Department of Public
Works, and Wayne Howard, Department of Public Works, in January, 2010, and after reviewing the
upcoming projects for the year, it was determined there will be just one (1) or (2) small projects
requiring engineering consultant services; therefore, it was not worth investing approximately
$15,000.00 to $20,000.00 to complete the RFP process. He indicated the Department does not want to
complete the RFP process until there is a large workload ahead which justifies the time and expense of
the RFP process. He stated this is the second engineering services contract the Department has
requested approval of this year, and the first one (1) was related to developing design criteria.
Mr. Bedell stated he appreciates Chair Pro-Tem Kirkmeyer's concern; however, if an RFP was issued
for approximately $20,000.00 worth of engineering services, the twenty (20) or thirty (30) consultants
which would respond to the request would likely each spend $5,000.00 just to prepare responses to the
RFP. He requested the Department be allowed to bypass the RFP process. Commissioner Garcia
stated this item of business was previously discussed in a work session. Chair Pro-Tem Kirkmeyer
indicated she remembers discussing the matter; however, the information the Board reviewed did not
explain how the consultant was selected. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ACCEPTING CERTIFICATE OF WETLAND CREDIT PURCHASE FROM MIDDLE
SOUTH PLATTE RIVER WETLAND MITIGATION BANK: Mr. Bauer stated the Board appropriated
$255,000.00 to purchase credits, in the amount of 3.3 acres, from a wetland bank located near the
Town of Erie. He stated this is a permanent solution to the mitigation of wetlands problem and this will
allow the County to move forward without concerns about maintaining the County's wetland for the
Sheep Draw Project or negotiating with the Army Corps of Engineers. In response to Commissioner
Garcia, Mr. Bauer confirmed the original Certificate is in a safe. Commissioner Garcia moved to
approve the acceptance of the Certificate of Wetland Credit Purchase from Middle South Platte River
Wetland Mitigation Bank. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER DESIGNATION OF ALL WELD COUNTY ROADS AS "LOCAL PICK-UP AND DELIVERY
ROUTES" FOR TRUCKS CARRYING OIL WELL PRODUCTION: Mr. Barker stated he discussed this
Resolution with the Board approximately one (1) week ago, and the Resolution is an acknowledgment
that any trucks carrying oil well production will be able to consider utilizing any routes within Weld
County on County roads for local pick-up and delivery. He stated the truckers are specifically worried
about the routes heading south; however, it was decided it would be best not to delineate a specific
route in the Resolution, and to include all County roads. He stated the Resolution will be sent to the
State Highway Patrol; however, it does not need to approve the Resolution; it should just acknowledge
the local government's desire. Mr. Barker stated the Resolution should be sufficient for the purpose of
the State Highway Patrol allowing the trucks to be on Weld County roads and for the oil and gas
production to not be considered hazardous materials, which would have to travel the roads delineated
on the State map. Ms. Carter clarified when the County designates a non-hazardous materials route,
trucks carrying oil and gas production will be ticketed if the trucks are not marked local or non-local. In
response to Commissioner Conway, Ms. Carter confirmed the hazardous materials signs will remain in
place. She stated staff wants County Road 49 to remain a non-hazardous materials road; therefore,
substances such as chlorine gas will not be allowed, yet oil and gas trucks will be allowed and the
trucks will not be penalized for utilizing the route, which is what this Resolution will accomplish.
Commissioner Conway stated the State Highway Patrol is operating under a Federal grant to check
trucks and he wants to make sure it will honor the intent of the Resolution and that it will not
unnecessarily harass trucks carrying oil and gas, although he recognizes the trucks must be safe, pass
inspections, and be in good working order. He stated one (1) of the factors precipitating this Resolution
is the feeling that certain people were being unnecessarily pulled over. Ms. Carter stated that based on
her conversations with Captain Paul Matzke, who is the head of the State Highway Patrol in this region,
trucks will not be pulled over for hauling oil and gas products on a non-hazardous materials route and if
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a truck is pulled over for another reason, the truck will not be ticketed for hauling oil and gas on the
County road. She clarified if the truck is speeding, it will still be ticketed for speeding; however, it will
not be pulled over just because it is hauling a petroleum product on a non-hazardous materials County
road, such as County Road 49. Chair Pro-Tern Kirkmeyer inquired as to whether local pick-up and
delivery means both the pick-up and delivery must occur within Weld County, or whether a truck is
allowed to pick-up oil or gas products in Weld County and deliver it to another County within the State.
Mr. Barker stated the intent of the Resolution is not that both the pick-up and delivery must occur within
Weld County, and he used the term local because it is the term used within the State statute. Mr.
Barker indicated he initially included a route in the Resolution for this specific reason; to specify the
trucks can travel to areas south of Weld County. He stated the Resolution does still indicate it applies
to trucks carrying oil field production to areas south of Weld County. Commissioner Conway stated this
was not a problem until recently; therefore, he thinks there was an interpretation issue with the State
Highway Patrol. Ms. Carter stated the intention of the Resolution is to apply to both situations where a
truck picks up from Weld County and delivers to an area within Weld County, and when a truck picks up
oil or gas production in Weld County and delivers to another County, such as Adams County, and vice
versa. She stated she believes the State Highway Patrol has the same understanding of the
Resolution, since a work session occurred. Mr. Barker recommended adding some language to the
Resolution to specify the intent is both for trucks carrying oil and gas production within Weld County
and to areas outside of Weld County. In response to Commissioner Conway, Mr. Barker indicated he
will add the proposed language to the Resolution. Commissioner Conway moved to approve the
designation of all Weld County roads as "local pick-up and delivery routes" for trucks carrying oil well
production, with the language proposed by Mr. Barker. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATES (TS CERT 0470/1995 AND
0471/1995) FOR PARCEL #105728118023: Mr. Barker indicated this and the following two (2) items
relate to Section 39-11-148, C.R.S., which states that if a Tax Lien Sale Certificate is outstanding for
more than 15 years, the Treasurer can issue a Certificate of Cancellation, which cancels the Tax Lien
Sale Certificate. He indicated the Board of County Commissioners does not need to approve the
cancellation, which has already been completed by the Treasurer, in accordance with State statute;
however, there is sometimes a request for refund in these matters, and it is within the Board's
jurisdiction to specify a refund will not be provided. He stated the remedy available to people is to apply
for a deed and if they do not apply for the deed within 15 years, they lose the opportunity, and they may
request a refund for the money spent; however, the Board can specify refunds will not be given and this
is what the Resolution should be geared towards. Mr. Barker stated the Resolution should
acknowledge the cancellation by the Treasurer has taken place, pursuant to the State statute; however,
the Board will not approve refunds for any amounts paid in by the holders of the Certificates. Chair
Pro-Tem Kirkmeyer stated typically the Treasurer is an elected position; however, since it is a Home
Rule County, Weld County appoints its Treasurer, and she inquired whether the Board needs to
approve the cancellation, based on this difference. Mr. Barker stated the Board does not need to
approve the cancellation because when it approved the Treasurer, it appointed him to perform all the
tasks he is statutorily required to do, and this is one (1) of those tasks. He stated by virtue of the
appointment, the Treasurer is required to complete various administerial duties, including completing
these cancellations. In response to Chair Pro-Tem Kirkmeyer, Mr. Barker confirmed the Board
appointed the Treasurer by Resolution. In response to Commissioner Conway, Mr. Barker suggested
the Resolution should acknowledge the cancellation and deny any requests for a refund, and all
three (3) Resolutions should be amended. Mr. Barker stated he will amend these Resolutions to
include the proposed language indicating the Board is acknowledging the cancellations; however, it will
not be approving any refunds. In response to Commissioner Conway, Mr. Barker stated the
Resolutions should be completed before the end of the year. Commissioner Conway inquired as to
whether it makes sense to continue these items, in order to allow the proposed language to be added
to the Resolutions before the Board approves the Resolutions.
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In response to Mr. Barker, Esther Gesick, Deputy Clerk to the Board, indicated the Resolutions
regarding the cancellations of the Tax Lien Sale Certificates do not need to be approved today. He
stated it can be confusing because the Tax Lien Sale Certificates which are stricken off to the County
need to be cancelled by the Board; however, the Tax Lien Sale Certificates held by other individuals
can be cancelled by the Treasurer, and the Board needs to just indicate there will be no refunds.
Commissioner Conway moved to continue the matter to November 22, 2010. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 0106/1995) FOR
PARCEL #147106126005: Based on previous discussion, Commissioner Conway moved to continue
the matter to November 22, 2010. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 0100/1995) FOR
PARCEL #147310104013: Based on previous discussion, Commissioner Conway moved to continue
the matter to November 22, 2010. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - ROBERT
JULANDER (S27, T8N, R61W): Mr. Barker indicated the Board recently decided to amend Chapter 2,
to include a new small tract oil and gas lease fee of $400.00 per acre, and Robert Julander has offered
to pay the new fee for this and the following two (2) small tract oil and gas leases. In response to
Mr. Barker, Ms. Gesick stated the payments for the small tract oil and gas leases have not been
received; however, the payments are en route. Mr. Barker recommended approval of all three (3) small
tract oil and gas leases. Commissioner Conway moved to waive the bid procedure concerning an oil
and gas lease, accept the offer to lease said property for $400.00 per mineral acre, and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - ROBERT
JULANDER (S28, T8N, R61W): Based on previous discussion, Commissioner Garcia moved to waive
the bid procedure concerning an oil and gas lease, accept the offer to lease said property for $400.00
per mineral acre, 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 - ROBERT
JULANDER (S30, T8N, R61W): Based on previous discussion, Commissioner Long moved to waive
the bid procedure concerning an oil and gas lease, accept the offer to lease said property for $400.00
per mineral acre, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, November 17, 2010 2010-2785
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:46 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •
; �� EXCUSED
Do las Rademacher, hair
Weld County Clerk to the Boa yo, tor
:. �' ,12j C/�—'
Vet$ arbara Kirkmeyer,/ Pro-Tem
reputy Cl; ' to e Board fir: > P.
Sean P. co way
Willicn F. G rcia
David E. Long
Minutes, November 17, 2010 2010-2785
Page 7 BC0016
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