HomeMy WebLinkAbout20101367.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 23, 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, June 23, 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
Controller, Barb Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 21, 2010, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Garcia moved to add the following Emergency Bid to
the Agenda: 1) Present and Approve Bid #B0900124, Generator Installation in Health/Planning Building
— Department of Buildings and Grounds; add the following New Item of Business: 4) Consider Protocol
of Services and Cooperating Team Member Agreement and authorize Chair to Sign — A Kid's Place
Child Advocacy Center; and to remove Item #2 under Miscellaneous from the Consent Agenda, to be
considered as New Business Item 5) Consider Agreement for Professional Services and authorize
Chair to sign — Upstate Colorado Economic Development. Seconded by Commissioner Long, the
motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda, as amended.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated some of the
Commissioners will be attending the Colorado Water Conservation Board's public hearing later this
morning at the Southwest Weld County Complex. He stated he has good news to report from the
public hearing the Colorado Water Conservation Board held in the City of Pueblo last week; the
Colorado Water Conservation Board announced it will not be pursuing changing from a 100-year
floodplain to a 500-year floodplain; however, it will be moving forward with a recommendation, and the
County will need to closely monitor what the recommendation is. He thanked Chair Rademacher for his
Minutes, June 23, 2010 2010-1367
-16 I Page 1 BC0016
efforts regarding this matter. Commissioner Long inquired as to what the recommendation from the
Colorado Water Conservation Board will be; a legislative change or an action. Commissioner Conway
stated he is unsure about what the recommendation will be; he simply knows the Colorado Water
Conservation Board announced publicly it will not pursue a change in the floodplain rule. Chair
Rademacher stated he will find out next Tuesday at the South Platte Round Table meeting, if the Board
does not learn more before then.
Commissioner Conway stated he will also be travelling to the City of Denver later for a briefing from
Envirotest on the implementation of the Emissions Program, which was instituted by the Air Quality
Control Commission. He stated he and Commissioner Kirkmeyer appeared last week before the Air
Quality Control Commission to address the Board's issues concerning the Rule Making Hearing in May,
2010, and the Air Quality Control Commission told them the Board will receive a formal written
response. Commissioner Kirkmeyer stated she requested a meeting with Doug Lempke, Air Quality
Control Commission, regarding boundaries, which is scheduled to occur June 30, 2010.
BIDS:
PRESENT AND APPROVE BID #B1000124, GENERATOR INSTALLATION IN HEALTH/PLANNING
BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Barb Connolly, Controller, stated this
bid is for the installation of a generator in the Department of Public Health and Environment and
Department of Planning Services Building, and she requested emergency approval of the bid.
Ms. Connolly recommended the low bid from Warkentin Electric, Inc., be accepted and approved.
Toby Taylor, Department of Buildings and Grounds, stated the reason this bid needs to be considered
on an emergency basis is because the Department of Public Health and Environment has grant funds
for the purchase and installation of the generator, which must be obligated by the end of the month. In
response to Commissioner Conway, Mr. Taylor clarified the amount includes the cost of the cement
pad the generator is placed upon and the installation cost. Commissioner Kirkmeyer stated it is also
important to note that the County has been planning to install a generator at the Department of Public
Health and Environment over the past year, and the generator will be utilized to maintain essential and
critical laboratory and emergency preparedness functions. She stated it is also important to have the
generator for the continuity of government planning, and she moved to approve said low bid, in the
amount of$19,850.00. Seconded by Commissioner Garcia, the motion carried unanimously
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LIM INVESTMENT, INC.
(CON'T FROM 6/21/10): Brenda Dones, Weld County Assessor's Office, stated this petition is for a
hotel located on Turner Boulevard in the City of Longmont/Del Camino area, and it is for Tax Years
2008 and 2009. Ms. Dones previously provided a complete valuation packet to the Board and
petitioner. She stated staff must consider data from the year January 1, 2007, through June 30, 2008,
for the 2009 valuation, and when valuating commercial property, staff is allowed to consider information
from the past five (5) years, in order to gather a sufficient amount of data, which in this case would
include data from July 1, 2003, to the present. She stated the hotel facility contains 46 rooms, and the
cost approach is not very relevant in this case since the hotel is an older building; therefore, staff
utilized the market and income approaches to determine the valuation. She stated the market
approach data is listed on Page 4 of the Assessor's Value Report, and the first property sale listed is
the subject property, which sold on April 27, 2006, for an adjusted value of$1,650,000.00, which equals
$35,870.00 per room. Ms. Dones stated the second sale listed is a property which was sold by the
petitioner for $55,688.00 per room, and the other sales prices were approximately $36,000.00 per
room; therefore, staff correlated its market approach to $36,000.00 per room, which results in a value of
$1,656,000.00 for the property. She stated the income approach data is located on pages 9 and 10 of
the Assessor's Value Report. She stated the petitioner provided their income information from the
years 2007 and 2008, including their gross income and expenses; however, staff can only utilize
Minutes, June 23, 2010 2010-1367
Page 2 BC0016
information through June 30, 2008, and there were certain expenses staff was not allowed to consider
since the expenses were not related to the operating expenses for the building. Ms. Dones stated the
net operating income was determined and then from that information the income value was determined
to be $2,297,212.00, or $49,939.00 per room, for Tax Year 2007, and it was $1,510,979.00, or
$32,847.00 per room, for Tax Year 2008; therefore, staff determined the 2009 value to be
$1,564,00.00, which is $34,000.00 per room, utilizing the income approach, and staff recommends
denial of the petition for Tax Year 2009. She stated for Tax Year 2008, staff utilized similar
approaches; however, it was required to examine data from a different period; January 1, 2005, through
June 30, 2006, and staff is allowed to consider sales from the previous five (5) years, which in this case
is June 30, 2001, She stated the subject property sale from April 27, 2006, was utilized in the market
approach for Tax Year 2008, values which ranged from $30,645.00, to $36,434.00 were utilized, and
staff correlated the value to $35,000.00 per room, for a total value of $1,610,000.00, utilizing the market
approach. Ms. Dones stated the petitioner provided income data for the years 2007, 2008, and 2009;
however, they did not own the property in the years 2005 and 2006; therefore, did not provide income
data for those years and staff utilized typical income data for other hotels in the area for the period of
January 1, 2005, through June 30, 2006. She stated staff determined a value of $32,000.00 per room,
for a total value of $1,472,000.00, by correlating the market and income approaches; therefore, denial
of the petition is recommended for Tax Year 2008.
Amy Boone, representative for Lim Investment, Inc., stated the income for the hotel was approximately
30 percent lower in the year 2009 than in was in the year 2008, which resulted in no profit and a loss of
$40,000.00. Ms. Boone stated Mr. Lim also suffered a head injury while performing maintenance on
the hotel, which cost approximately $500,000.00 in medical expenses. Chair Rademacher reminded
Ms. Boone, the Board cannot consider values from the year 2009 when considering the petition for Tax
Year 2009. Commissioner Garcia stated the operating expenses appear comparable in the income
statement provided by the Lims; however, there is a decrease in sales of over $50,000.00. Ms. Dones
stated the income approach takes into consideration the actual income and the expenses incurred, and
based on examining the income and expenses incurred for the hotel for the years 2007 and 2008, the
Assessor's Office was able to adjust the value of the property for Tax Year 2009, and if the income was
significantly less and the operating expenses higher in the year 2009, future valuations will reflect the
changes. In response to Commissioner Garcia, Ms. Dones confirmed if the income was higher and the
operating expenses were lower, the Tax Year 2009 value tax value would have been higher.
Commissioner Garcia stated based on the information presented by staff, he is confident the income
approach was the appropriate method to utilize for assessing this property value, and although he feels
badly about the Lims situation, he cannot factor personal concerns into his decision. Ms. Boone stated
she understands the Board cannot consider personal matters; however, the income in the year 2009
was 30 percent lower than the previous year. Mr. Garcia moved to deny said petition, based on the
information provided by staff. Commissioner Long seconded the motion. Commissioner Conway
stated his thoughts and prayers are with the Lim family during these difficult times, and the decrease in
income in the year 2009 will be considered in a later assessment. In response to Ms. Boone,
Ms. Dones reiterated this assessment is for Tax Year 2009; however, staff is required to use data from
the year 2007 and the first half of the year 2008, and staff will not be able to consider data from the
year 2009 until next year. Ms. Boone stated she did not previously understand the time period which
was being considered for the 2009 taxes. Commissioner Conway stated the Assessor's Office will take
the lower income from the year 2009 into account for the year 2011 valuation. Ms. Dones stated a
notice of valuation will be issued in May, 2011, which takes into account the income data from the
year 2009 and the first half of the year 2010. Ms. Boone thanked Ms. Dones for clarifying the matter.
There being no further discussion, the motion carried unanimously.
Minutes, June 23, 2010 2010-1367
Page 3 BC0016
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS
TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - STEVEN BUHLKE
(CONT FROM 06/09/10): Bruce Barker, County Attorney, stated he has e-mailed the proposed
agreement for a permanent easement to the Board, and he provided the documents to Leslie Fields,
Attorney for Steven Buhlke, last week. Mr. Barker stated Ms. Fields was satisfied with the documents
and she anticipated Mr. Buhlke will sign the agreement before the end of the week. He stated the
version of the agreement he sent the Board to review reflects the proposed changes, which include the
addition of specifying the County is also purchasing dirt from the property, in addition to the permanent
easement, and he recommended the Board approve the agreement. Chair Rademacher inquired as to
whether it is appropriate for a motion for approval to be contingent on the signature being obtained.
Mr. Barker stated it is appropriate to include the condition in the motion; however, the agreement will
not be valid unless Mr. Buhlke signs it, whether it is included in the motion or not. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign all necessary documents,
contingent on Mr. Buhlke signing the agreement. Commissioner Garcia seconded the motion. Chair
Rademacher thanked Bruce for his work on this agreement, and Commissioner Conway concurred.
There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - MEALS ON WHEELS: Judy Griego, Director of Human Services, stated the amendment
was presented at a work session conducted on June 21, 2010, and it is on behalf of the Area Agency
on Aging for the Meals on Wheels Program. Ms. Griego stated the original agreement was for
$72,547.00, and this amendment increases the reimbursement amount to $102,547.00. She stated the
increased funding will result in an additional 7,500 meals for 90 frail and homebound Weld County
seniors, and the term is March 1, 2010, through June 30, 2010. She stated if this funding is not spent,
the Department will lose it. Commissioner Kirkmeyer moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT TO PERFORM FUNCTIONS OF A SINGLE ENTRY POINT AGENCY FOR
HOME CARE ALLOWANCE AND ADULT FOSTER CARE CLIENTS AND AUTHORIZE CHAIR TO
SIGN: Ms. Griego stated the contract was presented at a work session conducted on June 21, 2010,
and the contract will allow the Area Agency on Aging to continue to provide case management services
for Home Care Allowance clients for a period commencing June 1, 2010, through June 30, 2011. She
stated the contract is in the amount of $38,781.01. Commissioner Kirkmeyer moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PROPOSAL FOR DELTA CONTROLS VERSION 3.33 AND WAN UPGRADE AND
AUTHORIZE CHAIR TO SIGN - SETPOINT SYSTEMS CORPORATION: Toby Taylor, Department of
Buildings and Grounds, stated this is a proposal to upgrade the HVAC software and hardware
components at 12 County buildings. Mr. Taylor stated the County has not remained current with its
software over the years and due to it being outdated, current Microsoft products cannot communicate
with the components; therefore, the County is being forced into upgrading. Mr. Taylor stated staff has
determined this is the most economical Microsoft upgrade available after evaluating all the options. In
response to Chair Rademacher, Mr. Taylor confirmed the cost of the upgrade will be $181,415.00.
Commissioner Kirkmeyer moved to approve and accept said proposal and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, June 23, 2010 2010-1367
Page 4 BC0016
CONSIDER PROTOCOL OF SERVICES AND COOPERATING TEAM MEMBER AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - A KID'S PLACE CHILD ADVOCACY CENTER: Ms. Griego stated
this is a nonfinancial agreement, which provides the ability to coordinate a team approach for neglect
and child abuse investigations, which includes medical personnel, law enforcement, child protective
services, the District Attorney's Office, and mental health professionals. She stated the agreement is a
requirement for A Kid's Place to maintain its State certification. Commissioner Conway moved to
approve said Protocol of Services and said agreement and authorize Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
AGREEMENT FOR PROFESSIONAL SERVICES - UPSTATE COLORADO ECONOMIC
DEVELOPMENT: Elizabeth Relford, Department of Public Works, stated the Upper Front Range
Transportation Planning Region has received Congestion Mitigation and Air Quality (CMAQ) funds and
it has entered into a contract with the Colorado Department of Transportation (CDOT), which the Board
previously approved. Ms. Relford stated part of the CMAQ funds, in the amount of approximately
$24,000.00, will be utilized for a public awareness effort in the years 2010 and 2011, including
marketing compressed natural gas fueling stations and converting vehicles to operate on natural gas.
She stated Weld County, as part of the Upper Front Range Transportation Planning Region, acts as the
pass through entity for distributing these funds, which is the reason the agreement for the CMAQ funds,
which was previously approved, is between Weld County and CDOT, and the Upper Front Range
Transportation Planning Region wants to contract with Upstate Colorado Economic Development to
assist with the marketing effort related to the public awareness portion of the CMAQ funds. She stated
the proposed agreement is between Weld County and Upstate Colorado Economic Development, since
Weld County acts as the pass-through entity for the funding and Weld County will request
reimbursement from CDOT; therefore, Weld County is entering into an agreement with Upstate
Colorado Economic Development, on behalf of the Upper Front Range Transportation Region, in order
to perform the marketing efforts for the Upper Front Range Transportation Region. Commissioner
Kirkmeyer stated the matching funding for this project was provided by the natural gas industry, and
there are no County funds being utilized. Commissioner Conway inquired as to how much County staff
time will be utilized for administration. Commissioner Kirkmeyer stated the County works with Upstate
Colorado Economic Development through its Smart Energy Project and employees from EnCana Oil
and Gas (USA), Inc., and Anadarko Petroleum Corporation are involved with the marketing as well.
She stated it is a public awareness campaign, which will be an ongoing effort over the next two (2)
years, in order to make the public aware of the natural gas economy in Weld County, the compressed
natural gas pumping stations in Weld County, and the Smart Energy Project. She further stated
Upstate Colorado Economic Development will also work with other organizations with large fleets to
generate interest in those organizations converting the fleets to operate on compressed natural gas.
Ms. Relford concurred with Commissioner Kirkmeyer, and she stated the entire Scope of Work was
outlined in the agreement the County entered into with CDOT. In response to Commissioner Garcia,
Commissioner Kirkmeyer stated Larry Burkhardt, Upstate Colorado Economic Development, has been
involved in the public awareness campaign and he has been attending the related meetings. Further
responding to Commissioner Garcia, Commissioner Kirkmeyer stated Upstate Colorado Economic
Development has the ability and time to manage the public awareness campaign, and there are other
people from the industry, with various areas of expertise, who will also be involved, including
representatives from Weld County Garage, EnCana Oil and Gas (USA), Inc., and Anadarko Petroleum
Corporation. In response to Commissioner Garcia, Commissioner Kirkmeyer stated all but
approximately three (3) percent of the funding will be utilized for marketing, as opposed to
administration costs. Commissioner Kirkmeyer stated the funding will be utilized for marketing
materials, a webpage, and meetings with other fleet managers. Ms. Relford stated the specific amount
to be utilized for administration was not delineated in the budget; however, percentages were identified
for how much of the funding would be designated for various costs. Commissioner Garcia stated he
recalls it was approximately half of the funding which will be utilized for administration costs.
Minutes, June 23, 2010 2010-1367
Page 5 BC0016
Ms. Relford clarified the budget did specify $12,000.00 will be awarded to Upstate Colorado Economic
Development to manage the project and other agencies, as needed to accomplish the task; however,
the first year will require more upfront costs for establishing the website and materials. She stated
there has been a limited amount of time to accomplish certain items, which Mr. Burkhardt was not able
to accomplish in the limited timeframe; therefore, the County has contracted with EnCana Oil and Gas
(USA), Inc., on behalf of Upstate Colorado Economic Development, and Upstate Colorado Economic
Development will be contracting with the private sector to establish the website, which should be
complete before the end of the week. In response to Chair Rademacher, Ms. Relford stated the grant
amount is $24,158.00 for this and next year. Chair Rademacher stated the administration cost is
approximately half of the funding, if approximately $12,000.00 has been awarded for administration.
Commissioner Kirkmeyer clarified there is a total funding amount of approximately $48,000.00,
including the CMAQ funds and the matching funds from the natural gas industry, and the natural gas
industry is involved in defining what the public awareness campaign will include, what the logo will be,
and what marketing materials are necessary. She stated EnCana Oil and Gas (USA), Inc., is assisting
with designing the webpage and the logo, and there is no County staff time scheduled to be utilized for
this project. She stated this grant was applied for through the Upper Front Range Transportation
Planning Region, and Mr. Burkhardt is taking the lead on the Project. Ms. Relford stated Mr. Burkhardt
understands he is charged with the task of holding four (4) industry meetings; two (2) this year and two
(2) next year. In response to Commissioner Conway, Commissioner Kirkmeyer stated Upstate
Colorado Economic Development is accountable to Weld County, and Weld County is accountable to
CDOT. Further responding to Commissioner Conway, Commissioner Kirkmeyer stated there is
reporting which is required by CDOT; therefore, Mr. Burkhardt is working with the Smart Energy
Coalition, and Mr. Burkhardt has been reporting on the project at the Smart Energy Coalition meetings
and at the Upstate Colorado Economic Development meetings. Commissioner Kirkmeyer stated
Mr. Burkhardt will also be required to record who attends the industry meetings and record minutes of
the meetings, and he will be reporting the information to Ms. Relford, since she helps to manage the
CMAQ funds. She stated the items Mr. Burkhardt has not completed include obtaining the materials
needed upfront; however, the agreement was not in place with CDOT until recently; therefore, he was
unable to complete certain items, and he has attended almost all the meetings and he has a clear
understanding of his responsibilities. Ms. Relford stated Mr. Burkhardt also met with her yesterday
regarding the matter, and she just received the executed agreement with CDOT yesterday. She stated
she was unable to issue invoices prior to the agreement being in place; however, she can now issue a
purchase order to begin purchasing materials. Chair Rademacher stated his concerns have been
satisfactorily addressed. Commissioner Garcia indicated he is concerned about the time commitment
for Upstate Colorado Economic Development. He stated he wants this project to be successful, and if
Mr. Burkhardt does not have the available time to complete all the necessary items and is requiring
subcontractors to complete items of business, perhaps the County should hire a different contractor.
Commissioner Kirkmeyer clarified the only portion of the project Mr. Burkhardt has subcontracted is the
webpage development, which Upstate Colorado Economic Development does not have the capability
to develop, and there may also be some minor subcontracting with Weld/Larimer/Rocky Mountain
National Park Clean Cities in the future; however, that is a task identified in the Scope of Work, which
specifies it is desired that Upstate Colorado Economic Development partner with Weld/Larimer/Rocky
Mountain National Park Clean Cities, since it has materials available and related meetings in place.
Mr. Garcia inquired as to whether the Scope of Work is clearly defined to ensure accountability to
Commissioner Kirkmeyer's satisfaction. Commissioner Kirkmeyer stated she is satisfied with the
Scope of Work, and there were four (4) meetings conducted and numerous e-mails exchanged to
create the Scope of Work, which was reviewed in great detail. Commissioner Conway stated specific
timelines would be helpful to report status on the project to the Board, since this is an important
Program, and he does not want it to get lost in the shuffle. He requested that Upstate Colorado
Economic Development report to a Commissioner Coordinator, or provide e-mail updates to the Board,
to ensure the benchmarks are being met. Commissioner Kirkmeyer moved to approve said agreement
and authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously.
Minutes, June 23, 2010 2010-1367
Page 6 BC0016
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL (PRIVATE ROAD
MAINTENANCE) FOR SITE PLAN REVIEW, SPR #417 - LUCKY STARS CAR WASH, LLC, C/O
PAUL GONZALES, JR.: Kim Ogle, Department of Planning Services, stated staff received the request
for a partial release of collateral for the Trigger Time Gun Club indoor shooting range, which was
approved under Site Plan Review #417, and the County is currently holding $68,844.65. He stated
staff has visited the site and determined it to be in compliance, with the exception of one outstanding
item which was completed subsequent to the site visit; therefore, he recommends accepting the
replacement collateral, in the amount of$11,000.00, which will be retained for the warranty period.
Richard Hastings, Department of Public Works, stated the facility will be a functional and necessary
facility in the area; it is an indoor 100-yard rifle range, which is unusual and it allow people who are
within an urban setting and preparing for hunting season to sight their rifles in a safe environment. He
stated he was surprised a facility of this size was able to fit on the site; however, it was successfully
accomplished, and the owners nicely completed the parking and drainage system. Commissioner
Garcia moved to approve said partial cancellation and release of collateral for Site Plan Review #417.
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.
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUN •LORADO
ATTEST •
e'x' gla Radem=cher hair
Weld County Clerk to the Board �ig,i 0 . iggI
. 0. ) �r arbara Kirkmeyer, Pro-Tem
De ty Cle k to the Boar ♦ I a y
Se nway
Y
m . arcia
avi . ong
Minutes, June 23, 2010 2010-1367
Page 7 BC0016
Hello