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Home My WebLink About20100395.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 22, 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, February 22, 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, Jennifer VanEgdom Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of February 17, 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on February 17, 2010, as follows: 1) USR #1717 - Sandra Rakowski. Commissioner Garcia 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 Conway moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT — JILL BURCH: Chair Rademacher read the certificate into the record, recognizing Jill Burch for 23 years of service with the Department of Public Health and Environment. Ms. Burch was not present to receive her certificate. Minutes, February 22, 2010 2010-0395 Page 1 BC0016 c) BIDS: PRESENT BID #61000060, FOUR (4) CATTLE GUARDS - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and Administration, indicated four vendors submitted a bid into the record. Said bid will be considered for approval on March 8, 2010. PRESENT BID #81000059, STEEL - DEPARTMENT OF PUBLIC WORKS: Ms. Mika indicated five vendors submitted a bid into the record. Said bid will be considered for approval on March 8, 2010. OLD BUSINESS: CONSIDER PETITION AND ANNEXATION AGREEMENT FOR ANNEXATIONS NO. 1 THROUGH NO. 4 OF PORTIONS OF CR 26 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TOWN OF FIRESTONE (CON'T FROM 2/1/10): Dave Lindsay, Town Engineer, Town of Firestone, stated this item was continued from a public hearing held on February 1, 2010, at which time the Town of Firestone requested the continuance to allow time to review some of the assignments proposed within the documents. He confirmed the documents have been reviewed and found to be acceptable. In response to Chair Rademacher, Mr. Lindsay indicated it is the policy of the Town that when a property annexing into the Town contains an access on a County Road, the road is annexed to the Town as well. He indicated in the instance of the property in question, a secondary access on County Road 16.75 will be utilized, and the Town has completed negotiations regarding a Road Maintenance and Improvements Agreement. He confirmed the agreement contains a set haul route, utilizing the secondary access to haul aggregate from the facility over to County Road 13. He further confirmed the primary transportation of aggregates from the site will be through the use of a conveyor belt system to transport materials over to County Road 26. Mr. Lindsay indicated the proposed access point is just south of the existing Last Chance irrigation ditch, which seems like an easily recognizable physical barrier between the maintenance provided by the Town and the County. He stated the property owner annexed only the portion of the road, up to the irrigation ditch; however, if the property owner decides to develop the property for residential or commercial uses once the mining operations are complete, the remaining portion of the road will be required to be annexed at that point. Chair Rademacher clarified the Last Chance irrigation ditch does not actually cross this road, as it is located to the west of the road; however, a drainage ditch does run through this area. Mr. Lindsay concurred with Chair Rademacher and clarified the Town will annex County Road 17, north from County Road 26 to the irrigation canal, since the access point is located south of the irrigation canal. Chair Rademacher indicated the County will still be responsible for maintenance of the road between the irrigation canal and County Road 26.75, which is a very short distance, and he prefers for the maintenance of the road to be congruent. Mr. Lindsay clarified the long-term vision for this section of roadway is that the road will eventually be eliminated, or may become a local road, depending on how the surrounding area is developed within the future. In response to Commissioner Kirkmeyer, Mr. Lindsay reiterated that the Town's official policy is that any road providing access to an annexed property also be annexed by the Town. He further clarified that if the property is developed within the future, or the gravel operator requests an additional access on that road, the road will be required to be annexed at that time. He further clarified the property owner is aware that an additional access point cannot be granted by the County. Chair Rademacher expressed his concern regarding the gravel operator sending trucks north to State Highway 66 instead of west to County Road 13. In response, Mr. Lindsay clarified the service equipment will most likely utilize County Roads during construction activities at the site; however, the haul route has been specifically dictated by the Town for any trucks hauling aggregate from the site, which indicates the trucks must travel south on County Road 26, and may only travel west to County Road 13. He confirmed a Conditional Use Permit is issued for the mining operations, and the agreement dictates the haul route to be utilized and the necessary improvements to be made to County Road 26. He clarified the improvements include widening of the road and the implementation of drainage structures, and eventually, the road will be paved. Further responding to Chair Rademacher, Mr. Lindsay indicated the Minutes, February 22, 2010 2010-0395 Page 2 BC0016 road is not required to be paved because the access is intended to be secondary to the proposed conveyor system to transport aggregate materials from the site to the facility located on State Highway 66. He clarified the operator wanted to be able to maintain flexibility for local customers, so that the material was not required to travel on a conveyor belt all the way north, only to be picked up and driven back south. He further clarified the tiers for improvements are based upon traffic counts, and the operator is required to maintain the road by grading and applying dust suppressant. Chair Rademacher indicated he is comfortable with the defined haul route; however, he questioned how approval of the conveyor system is addressed and what will happen if the conveyor system is not approved. In response, Bruce Barker, County Attorney, stated the conveyor system will be approved as a component within a USR permit, and since this proposed property is located within Weld County, it will be considered by the Board. Mr. Lindsay clarified the State will also have federally-mandated safety regulations which must be met; however, the permitted use of the conveyor system will be dictated by the County through the USR process and by providing the proper permission to cross County right-of-way. Commissioner Kirkmeyer noted the record should clarify that if the property owner decides to develop the northern portion of the property, and the road is required to be annexed, it will require a petition of annexation from the County to the Town. Mr. Lindsay clarified the County will be the actual petitioner for any additional road annexations; however, it is expected that the property owner will prepare all of the required documents. Commissioner Kirkmeyer moved to approve said petition and agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner Conway, the motion carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MACHII ROSS PETROLEUM COMPANY: Chris Woodruff, Assessor, stated the petition was filed for the production value for tax years 2007 and 2008, and the petition contains a list of all of the included oil wells. He stated the company filed the production values for these two years; however, they neglected to take appropriate expenses to create a net value. He clarified the law allows correction of the values, which is being accomplished through this petition. He indicated the correction to the assessed valuation for 2007 is in the amount of $105,090.00, which produces a refund in the amount of $7,643.41, and the correction to the assessed valuation for 2008 is in the amount of $207,531.00, which produces a refund in the amount of $16,924.00. Commissioner Garcia moved to approve said petition, based upon staff's recommendation. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FBVAM INVESTMENTS, LLC: Mr. Woodruff stated the petition was filed for tax years 2007 and 2008, and the agent of the property owner alleges that the property was overvalued within those tax years. He clarified the property value was protested to the Assessor's Office in 2007, and the value of $1,177,836.00 during that protest, therefore, the property owner is not allowed to further protest the property value. He recommended the petition be denied, and the value for 2007 will remain the same value for tax year 2008. Commissioner Garcia moved to deny said petition, based upon staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 38 AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM: Don Carroll, Department of Public Works, stated the agreement will provide for adequate access to an existing facility located on County Roads 35 and 38. He clarified County Road 38, between County Roads 33 and 35, will be upgraded to provide access for the construction vehicles traveling to the site to complete upgrades at the DCP Midstream facility. He confirmed the surrounding property owners were contacted, and the applicant received signed statements from each property owner. Mr. Carroll displayed an aerial map of Minutes, February 22, 2010 2010-0395 Page 3 BC0016 the surrounding area and indicated the facility already has an access granted on the County Road 38 Section Line, and has requested the addition of another access on County Road 35; however, the applicant did not want to have construction equipment access the site from County Road 35. He clarified the facility will have six employees on a daily basis, and approximately four semi-trucks per day will access the site, therefore, the site is not considered to be generating a large amount of traffic. He further clarified the applicant will upgrade the road and provide the necessary dust suppression in front of the residences located along the road. In response to Chair Rademacher, Mr. Carroll clarified the upgrade of the facility is expected to take approximately six months, and the applicant will be applying magnesium chloride in front of the residences, during construction activities, to help reduce dust. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER COST TARGET ADJUSTMENT FOR 2010 FLEET MAINTENANCE - ALL STAR TECHNICAL SERVICES: Barb Connolly, Controller, stated this document serves as the renewal of the contract for fleet maintenance services for all County-owned vehicles. She confirmed the prices will not increase, and will remain at the same level as the 2009 figures. In response to Chair Rademacher, Ms. Connolly indicated the services are reviewed through the bid process every five years, and there are two years left with the current contract with All Star. Commissioner Long moved to approve said cost target adjustment. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Doug Erler, Director of Justice Services, confirmed Kevin Strobel is the head of the Public Defender's Office. He clarified the Bylaws for this Board were recently revised, and Mr. Strobel's position was modified from a standing to a term-limited position. He indicated Mr. Strobel currently serves as the Chair of the Community Corrections Board, and his services are invaluable. Commissioner Conway moved to appoint Kevin Strobel to the Community Corrections Board, effective February 3, 2010, with a term to expire August 1, 2012. The motion was seconded by Commissioner Garcia. Mr. Barker clarified it is necessary for the Resolution to be modified to reflect Mr. Strobel's position as the representative of the Weld County Bar Association. The Board concurred with the modification. There being no further discussion, 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, February 22, 2010 2010-0395 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO �,,% ATTEST: � '_�c �-�4t �a�a,�� _�� Douglas` Radem cher,Fhair Weld County Clerk to the . .ar a / � �� ,�'';` Barbara kmeyer<(Pro-Tem / BY: w 7 Deputy Clerk to the B:Fr'a l•,, ' a: ` EXCUSED DATE OF APPROVAL Sean P. Co Williral am F. Garcia EXCUSED DATE OF APPROVAL David E. Long Minutes, February 22, 2010 2010-0395 Page 5 BC0016 Hello