HomeMy WebLinkAbout20100844.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 21, 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, April 21, 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 April 19, 2010, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to remove New Item of Business #5)
Consider Assignment of Tax Lien Sale Certificates to Thomas Leeper and authorize Chair to sign from
the agenda. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. In response to
Commissioner Garcia, Elizabeth Strong, Acting Clerk to the Board, clarified the item will be placed on a
future agenda when all the associated fees have been paid.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - MATTHEW FRIESEN,
WENDY RICH-GOLDSCHMIDT, GARY KESSLER, JOHN MILLER: Chair Rademacher read the
certificates into the record, recognizing Matthew Friesen, Wendy Rich-Goldschmidt, Gary Kessler, and
John Miller for their service on the Juvenile Community Review Board.
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - DALE MCCALL, MARY
FREITAG, CATHY SANDOVAL, MARILYNN LIDDELL: Chair Rademacher read the certificates into
the record, recognizing Dale McCall, Mary Freitag, Cathy Sandoval, and Marilynn Liddell for their
service on the Workforce Development Board.
Minutes, April 21, 2010 6_,19_- I 0 2010-0844
Page 1 BC0016
Ms. Freitag stated serving on the Workforce Development Board was a wonderful experience.
Commissioner Garcia stated he served with Ms. Freitag on the Workforce Development Board and it
was a great collaboration of small and large business representatives, and the Workforce Development
Board has achieved a great deal. He further stated it is a great place for the businesses to review what
is needed by employers, in order to provide training and hiring opportunities for employees.
Commissioner Conway concurred with Commissioner Garcia's comments, and he stated it was a
pleasure to serve with Ms. Freitag on the Workforce Development Board last year, he appreciates her
frankness and leadership, and her service has been valued by Weld County.
RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH — KEITH LAUBE: Chair Rademacher
read the certificate into the record, recognizing Keith Laube for his service on the Board of Public
Health.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated she attended a
meeting with the Garden City Town Council last night and they discussed emissions, the North Front
Range Metropolitan Planning Organization (MPO), and the Highway 85 Coalition. She indicated that
she encouraged the Town to participate in the Bull's Eye group, the North Front Range MPO, and the
Highway 85 Coalition.
Commissioner Kirkmeyer stated last Friday she attended the Joint Select Committee for Child Welfare
meeting, she testified during the public input portion of the meeting, and she requested that the
Committee dedicate some time to speak to the Weld County Commissioners regarding child welfare
matters. She stated State Representative B.J. Nikkei and Senator Kevin Lundberg are among those on
the Committee, and the Committee discussed Recommendation 29 more than the child welfare
fatalities. Commissioner Kirkmeyer stated Representative Nikkei has requested that the Committee
formally invite the Weld County Commissioners to attend its next meeting. Commissioner Conway
thanked Commissioner Kirkmeyer for her leadership on this matter, and he stated the Committee has
veered off course from its original task and the Commissioners should all testify at the next Committee
meeting, if they are able to do so.
Commissioner Conway stated he represented the County at the bill signing ceremony for the Clean
Jobs, Clean Energy Bill, which will greatly benefit Weld County by creating long term jobs.
OLD BUSINESS:
CONSIDER AMENDED BYLAWS FOR WELD COUNTY HUMAN SERVICES COMMITTEE (CONT
FROM 04/14/10): Bruce Barker, County Attorney, stated this item was continued from April 14, 2010,
in order to conduct a work session, and the work session for this matter has been scheduled for
April 26, 2010; therefore, he requested the item be continued to April 28, 2010, to allow the work
session to occur prior to the Board considering the matter. Commissioner Garcia moved to continue
the matter to April 28, 2010. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR PURCHASE OF SERVICES AND AUTHORIZE CHAIR TO SIGN -
CDI HEADSTART SERVING WELD COUNTY: Dr. Mark Wallace, M.D., Director, Department of Public
Health and Environment, stated this agreement is an opportunity to share a scarce resource; the
Department of Public Health and Environment has a nutritionist/registered dietician available and CDI
Head Start is interested in accessing those services. Dr. Wallace stated the agreement will commence
upon full execution, through December 31, 2010, and either party may terminate the agreement at any
time. He stated the agreement will make the registered dietician available for an additional eight (8)
Minutes, April 21, 2010 2010-0844
Page 2 BC0016
hours per week for CDI Head Start, and CDI Head Start will reimburse the Department for her services,
which CDI Head Start has planned for in its budget. He stated the nutritionist will provide services
including development of nutrition work plans, monitoring of meal preparation and compliance with all
United States Department of Agriculture (USDA) regulations, training to classroom staff and families on
nutrition curriculum, approval of menus and special diets, and consultations with families regarding
nutrition concerns. He stated CDI Head Start will also reimburse mileage expenses for the nutritionist,
and the nutritionist is willing to work the additional hours. In response to Chair Rademacher,
Dr. Wallace stated the maximum amount is eight (8) hours per week, and if CDI Head Start utilizes
more than that, the agreement will need to be modified. In response to Commissioner Kirkmeyer,
Dr. Wallace stated when Head Start was operated by Weld County, it had access to other registered
dieticians; however, given the limit of eight (8) hours per week, it is difficult to find an individual who is
willing to work for just eight (8) hours per week. Dr. Wallace stated the nutritionist at the Department of
Public Health and Environment is a part time employee and she is willing to work the additional
eight (8) hours for her, and the additional hours will not hinder her ability to meet any program goals; it
will complement the County's programs nicely. In response to Commissioner Garcia, Dr. Wallace
stated the amount of $21.18, per hour, will cover the salary and benefits; however, there will be mileage
reimbursement provided directly to the nutritionist. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER SALES ORDER AND CUSTOMER AGREEMENT AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS — MEDIFAX-EDI, LLC: Dr. Wallace stated this service is currently utilized
at the facility located within the City of Greeley to verify eligibility of clients who are covered by Medicaid
and Medicare, and this agreement will allow the process to also be utilized at the Southwest Service
Center facility. He stated the service will decrease the overall cost for the County to recuperate its
Medicaid and Medicare reimbursement, and it will assist in reducing errors in which services are
provided to individuals who are not eligible for Medicare or Medicaid. He stated there will be an initial
set-up fee and then there is a transaction fee, which is less than what it currently costs the County to
verify, or follow up on, situations where an individual is ultimately determined not to be eligible for
Medicaid or Medicare. Chair Rademacher stated the agreement indicated the cost is $20.00 per month
and 30 cents per transaction, and he inquired as to whether Dr. Wallace knows how much the total cost
of the transactions is at the Greeley facility. Dr. Wallace stated he can obtain the information regarding
the total usage cost; however, he does not have it with him, and the alternative to utilizing this service is
for the employee to call Healthcare Policy and Financing to verify coverage, or to utilize a web portal,
which takes more time than utilizing this service; therefore, this is the most common practice utilized to
verify eligibility. He stated the cost for this service is less expensive than the additional staff time which
is utilized to verify eligibility through other means, and this service prints an immediate verification, and
if the payment is subsequently late or challenged after the service verified eligibility, Medifax-EDI, LLC,
will pay the County. He stated the verification is determined by swiping the card in a machine similar to
a credit card machine, and if an individual has their Medicare or Medicaid card, the employee will
simply swipe the card through the machine to determine eligibility. Dr. Wallace stated if the individual
does not have a card with them, their name and date of birth are entered into the machine to determine
eligibility. In response to Chair Rademacher, Dr. Wallace confirmed he will provide the information
Chair Rademacher inquired about to Commissioner Conway, the Commissioner Coordinator for the
Department of Public Health and Environment. Commissioner Garcia moved to approve said sales
order and agreement and authorize the Chair to sign any necessary documents. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS
TO CR 13 AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - STEVEN BUHLKE: Leon
Sievers, Department of Public Works, stated this is the final parcel the County is acquiring for its
County Road 13 Project, and the property is located on the east side of County Road 13 and one-half
Minutes, April 21, 2010 2010-0844
Page 3 BC0016
mile north of County Road 54. Mr. Sievers stated 0.863 acres of permanent easement is being
acquired for $25,000.00, which is a negotiated amount, and there are no other costs. Chair
Rademacher inquired as to whether an appraisal was conducted, since the cost seems to be high for
less than one acre of land. Mr. Sievers confirmed the amount is high; it is more than double the
amount the County initially offered; however, the land owner and his attorney are firm on the amount
and they originally countered the amount of $35,000.00; therefore, this is the best negotiation the
County was able to reach after six (6) months of negotiations. He stated staff investigated how much it
would cost to obtain the property through the eminent domain process and it was determined that it
would cost nearly double the amount of the proposed purchase price. Commissioner Kirkmeyer
inquired as to whether an appraisal was conducted. Mr. Sievers stated there was a value finding report
provided by Foster Valuation, which valued the property at $10,000.00. Commissioner Kirkmeyer
stated the agreement indicates the County will also be replacing fencing and seeding, in addition to the
purchase cost. Mr. Sievers concurred, and he stated the County typically replaces these types of
items. Commissioner Kirkmeyer concurred; however, she stated her point is that there will be
expenses beyond the $25,000.00 amount. Mr. Sievers reiterated it took six (6) months of negotiation
before the land owner agreed to sell the property. Commissioner Kirkmeyer stated the agreement
states the County will furnish and install a metal tube gate at the location chosen by the owner to allow
the owner access to the upper pasture, and she inquired as to whether the access will be from County
Road 13. Mr. Sievers clarified the access will be from the property owner's driveway to a pasture, since
the County will remove the property owner's access to the pasture by acquiring the easement and
excavating material. Commissioner Kirkmeyer stated she does not understand why an appraisal was
not conducted and negotiation subsequently conducted, according to statute. Mr. Sievers stated staff
did follow statute in its negotiations with the property owner. Commissioner Garcia reiterated staff
worked on negotiating a purchase price for this property for six (6) months and this agreement is the
alternative to obtaining the property through condemnation, or ceasing improvements to County
Road 13. He thanked Mr. Sievers for his hard work in negotiating the purchase price. Commissioner
Kirkmeyer stated $25,000.00 is 2.5 times the amount of the value given for the property in the valuation
report, and none of the other property owners on County Road 13 were awarded this amount. Chair
Rademacher stated he is glad this is the last parcel being acquired in the County Road 13 Project,
since this may have created additional problems in acquiring the necessary rights-of-way for the Project
if it was one of the first parcels acquired. In response to Commissioner Kirkmeyer, Mr. Sievers stated
right-of-way has been acquired from the parcel across the street from this property for $10,000.00;
however, it is a much smaller parcel. Mr. Sievers stated if the negotiation process continues, the
County will have to pay $10,000.00 for the property owner's appraiser to provide an appraisal report,
according to statute. Commissioner Kirkmeyer stated the property owner cannot choose the highest
priced appraiser; the property owner makes a recommendation; however, the County selects the
appraiser. Mr. Barker confirmed the County selects the appraiser, according to statute. Commissioner
Kirkmeyer stated when she was in the property owner's situation, she had to verify the acreage price.
Commissioner Conway reiterated there was a six (6) month negotiation process and he appreciates the
concerns about the purchase price; however, staff was considering condemnation, which would have
cost more, and he appreciates staff's diligence in negotiating the purchase price. He stated the Board
needs to consider the matter in its totality and all the potential costs, including litigation and appraisal
costs. He further stated the County Road 13 Project is an important project, and when considering the
potential additional costs of litigation and appraisal fees, it may not save the taxpayers any money to
reject this agreement. Commissioner Kirkmeyer stated she is evaluating the matter in its totality and
the larger issue is the need for the County to be consistent in its practices and policies. She stated
normally when a process similar to this one occurs, there is a negotiation process; however, the
property owner cannot submit a desired amount without substantiating it, and normally the County
selects an appraiser, and the negotiation is based on the appraisal amount. She further stated if the
property owner can justify the purchase price through a valuation process with an expert or an
appraiser, she will be willing to consider the purchase price. Commissioner Kirkmeyer stated the
process regarding her property on County Road 13 lasted much longer than six (6) months, and if the
Minutes, April 21, 2010 2010-0844
Page 4 BC0016
County Attorney was involved with the negotiation process, the County may have been able to
negotiate a better price. Chair Rademacher concurred with Commissioner Kirkmeyer, and he stated
approving this agreement will establish a poor precedent. In response to Commissioner Conway,
Mr. Sievers stated the $35,000.00 purchase price was an amount the property owner selected;
however, there was no supportive documentation submitted. Further responding to Commissioner
Conway, Mr. Sievers stated staff requested documentation to justify the value from the property owner
as the negotiation process occurred; however, none was provided, and when this issue arose, he was
informed about the situation in which the County would be required to pay for the appraisal costs and
that the property owner selects which appraiser will be utilized. Mr. Barker stated the County can
provide a list of the appraisers which it will pay for and a maximum amount to be paid. In response to
Mr. Barker, Mr. Sievers stated $10,000.00 would have been the highest amount the County has paid for
an appraisal, and the County can provide a list of certified general appraisers from which the property
owner can select; however, the County can not specify how much it will pay for the appraisal.
Mr. Barker stated the County would not pick an appraiser which charges $10,000.00 for inclusion on its
list; it would select trusted appraisers who charge rates which are consistent with the amounts the
County normally pays for appraisals. Mr. Sievers stated it is not uncommon for appraisers to charge
more than what they would normally charge the County in matters where an appraiser sympathizes
with the property owner and the appraisers are aware the County has no control over the amount which
is charged. He stated normally the County pays approximately $4,500.00 for an appraisal, and up to
this point, the highest amount the County has paid for an appraisal is $6,500.00. He further stated if
the County had undergone the eminent domain process and the value determined by the court was
30 percent higher than the County's final offer, the County would be responsible for the property
owner's attorney fees, which are approximately $7,000.00 to $10,000.00. Commissioner Conway
stated if the appraisal only costs $4,500.00, and through a court trial, it is determined the property is
worth $13,000.00, and then the County has to pay up to $10,000.00 in attorney fees, the cost to the
County may exceed the proposed purchase price even if all of the County's costs were low.
Commissioner Garcia inquired as to what time limits and construction schedules will be impacted if the
County does not proceed with the County Road 13 Project at this time. Mr. Sievers stated it was hoped
construction would have commenced several weeks ago; therefore, it is important to commence
construction as soon as possible. He stated there are some items which need to occur before
construction may commence, most importantly, there are overhead power lines which need to be
removed.
In response to Commissioner Garcia, Mike Bedell, Department of Public Works, stated staff hopes to
pave this road in the month of July, 2010; however, roads may be paved until September, and possibly
October; therefore, the Project may be delayed if it is necessary. Mr. Bedell stated there is an
abnormal traffic impact on this property and in order to meet the design requirements for the Project,
the road will slope onto the property. He stated there will also be 3,000 cubic feet of dirt being utilized
to widen the roadway from the property, and the County will need to haul in dirt from another location if
the agreement is not approved, which will cost approximately $10,000.00 to $12,000.00. He stated
land owners have demanded compensation in order for the County to be able to utilize dirt from their
properties in past instances; however, this property owner has not. In response to Commissioner
Garcia, Mr. Bedell confirmed there is precedence for property owners being compensated for dirt which
is utilized from their properties. Commissioner Kirkmeyer stated she will not be pressured into
approving the agreement due to the construction schedule and there should have been consistency in
the practices and policies which are followed. She stated the County is allowed to provide a list of
certified appraisers for the property owner to select from, and if the property owner wants to select an
appraiser who is not on the list, the property owner will pay for the appraisal. She further stated the
County Attorney should have been involved with the process, appraisals are sometimes lower than an
offer, as opposed to higher, and when the appraisal was submitted, the County could have offered a
fair price based on appraisal. Commissioner Kirkmeyer stated if staff is not confident its appraisers will
provide a fair value amount, it needs to obtain new appraisers. She stated that she does not think the
Minutes, April 21, 2010 2010-0844
Page 5 BC0016
proposed purchase amount is reasonable, it does not serve the public well, and she will not allow the
property owners to demand an unreasonable amount of money, in order for the County to construct a
road which will improve the property owner's property value; therefore, she will not vote in favor of the
agreement. Commissioner Conway stated the County may lose in court; it will not necessarily be
successful, and based on conservative figures, he determined the land owner could potentially be paid
a minimum of $27,000.00. He stated it is possible to be pennywise and pound foolish. He further
stated this is the last parcel of land being acquired for an important project, which will be delayed if the
agreement is not approved. Commissioner Conway concurred that the process should have been
handled differently, which should be taken into consideration for future projects; however, he will not
allow that to cloud his judgment regarding an important project. In response to Commissioner Conway,
Mr. Sievers stated if this agreement is not approved, it is a possibility that the County Road 13 Project
may not be able to continue. Commissioner Kirkmeyer stated not approving the agreement will not
cause the County Road 13 Project to not be able to continue. Commissioner Garcia stated the
estimates regarding the dirt costs support the proposed value of the parcel, and he moved to approve
said agreement. Commissioner Conway seconded the motion. Upon the request for a roll call vote,
the motion failed, with Chair Rademacher and Commissioner Kirkmeyer being in opposition. Chair
Rademacher stated staff needs to continue negotiations with the property owner. (Clerk's Note: This
matter was reconsidered on April 26, 2010, at which time it was continued to May 5, 2010.)
CONSIDER RAILROAD CROSSING RENEWAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
GREAT WESTERN RAILWAY OF COLORADO, LLC: Mr. Bedell stated when improvements are made
to a railroad crossing, the owner of the road pays for the improvements and the railroad company
provides the manpower. He stated this is one (1) of two (2) crossings on the roadway, which the
County feels need to be improved. In response to Chair Rademacher, Mr. Bedell stated the railroad
company will pay for future maintenance for the area between the railroad tracks and for part of the
railroad crossing; however, the railroad company will not maintain everything within the right-of-way.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR
USR#1660 - DUST AND DIRT EXCAVATING, LLC, C/O BROKEN ARROW INVESTMENTS, LLC:
Michelle Martin, Department of Planning Services, stated Use by Special Review (USR) #1660 was
approved by the Board on October 1, 2008, for a Site Specific Development Plan and Special Review
Permit for a Mineral Resource Development Facility, including open pit mining and material processing,
in the A (Agricultural) Zone District. Ms. Martin stated the site is located east of and adjacent to Balsam
Avenue and north of State Highway 263. She stated the collateral for the on-site improvements is in
the amount of $6,188.53, which staff from the County Attorney's Office, the Department of Planning
Services, and the Department of Public Works has determined to be adequate.
Rich Hastings, Department of Public Works, stated Dust and Dirt Excavating, LLC, do Broken Arrow
Investments, LLC, is cooperatively working with the adjacent pit regarding dust abatement, and the
road may be paved in the future. Mr. Hastings clarified the site is located north of what was formerly
State Highway 263 and is now County Road 60.5. He stated the site is also adjacent to a site located
within the City of Greeley, and there will be cooperation between the City of Greeley and Weld County
regarding dust abatement and other work-related situations. Commissioner Kirkmeyer moved to
approve said agreement, authorize the Chair to sign, and accept collateral for Use by Special Review
(USR) #1660. 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, April 21, 2010 2010-0844
Page 6 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 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
4 E La WELD COUNTY, COLORADO
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David E. Long
Minutes, April 21, 2010 2010-0844
Page 7 BC0016
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