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Home My WebLink About20092972.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 9, 2009 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 9, 2009, 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 William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Controller, Barbara Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of November 4, 2009, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on November 4, 2009, as follows: 1) Show Cause re: 2nd/3rd AmUSR #842 - Tire Recycling, Inc., 2) USR #1709 - Suncor Energy, Inc., and 3) USR #1705 - Land Airport, LLC Commissioner Kirkmeyer 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 Rademacher seconded the motion, and it carried unanimously. PROCLAMATIONS: VETERAN'S DAY - NOVEMBER 11, 2009: Chair Garcia read the certificate proclaiming November 11, 2009, as Veteran's Day, and presented said certification to Dorothy Strong, Veteran's Officer. He recommended County staff and the public to go out and celebrate by thanking their local veterans. Commissioner Conway stated there will be a parade in Milliken starting at 8:00 a.m., in honor of Veterans, followed by a Veteran's Day Ceremony at Bittersweet Park at 11:00 a.m. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. Minutes, November 9, 2009 Page 1 2009-2972 BC0016 ��7/Ol BIDS: APPROVE BID #B0900160, HEAD START PHONE AND TECHNOLOGY SERVICES - DEPARTMENT OF HUMAN SERVICES: Monica Mika, Director of Administrative Services, stated the specifics of this bid were reviewed in a work session last week, and staff recommends approval of the bid from TBS Resicom, Inc., in the amount of $31,466.44. In response to Commissioner Conway, Ms. Mika stated the bid from RC Telecom did not meet specifications because it was only for the phone connections and did not include any of the data. Commissioner Rademacher moved to approve the bid as recommended by staff. Commissioner Conway seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - W1/2 W1/2, S26, T11N, R60W: Barbara Connolly, Controller, opened the sole sealed bid received from Lone Tree Energy and Associates, LLC, in the amount of $100.00 per mineral acre. In response to Commissioner Rademacher, Ms. Connolly stated the minimum bid is $25.00 per acre. Commissioner Kirkmeyer moved to approve the sole bid from Lone Tree Energy and Associates, LLC, in the total amount of $16,000.00, and authorize the Chair to sign said lease. Commissioner Rademacher seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S34, T12N, R61W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $100.00 per mineral acre, and from Petro -Canada for $30.00 per mineral acre. In response to Ms. Connolly, the Petro -Canada Resources representative indicated from the audience that he did not wish to participate in an auction. Commissioner Rademacher moved to approve the high bid from Lone Tree Energy and Associates, LLC, in the total amount of $16,000.00, and authorize the Chair to sign said lease. Commissioner Conway seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NE1/4, S12, T9N, R66W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $75.00 per mineral acre, and Verne T. Dwyer, do Wade Hill, Hill Land Services, Inc., for $50.00 per mineral acre. Following an oral auction, Commissioner Rademacher moved to approve the high bid from Lone Tree Energy and Associates, LLC, in the amount of $102.00 per mineral acre, for a total of $16,320.00, and authorize the Chair to sign said lease. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S14, T8N, R66W: Ms. Connolly opened the sole sealed bid received from T. Vern Dwyer, c/o Wade Hill, Hill Land Services, Inc., in the amount of $50.00 per mineral acre. Commissioner Kirkmeyer moved to approve the sole bid from T. Vern Dwyer in the total amount of $8,000.00, and authorize the Chair to sign said lease. Commissioner Conway seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - W1/2 SE1/4, S14, T8N, R66W: Ms. Connolly opened the sole sealed bid received from T. Vern Dwyer, c/o Wade Hill, Hill Land Services, Inc., in the amount of $50.00 per mineral acre. Commissioner Rademacher moved to approve the sole bid from T. Vern Dwyer, in the total amount of $4,000.00, and authorize the Chair to sign said lease. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SE1/4, S14, T9N, R66W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $75.00 per mineral acre, and from T. Verne Dwyer, c/o Hill Land Services, Inc., for $50.00 per mineral acre. Following an oral auction, Commissioner Rademacher moved to approve the high bid from T. Verne Dwyer, in the amount of $105.00 per mineral acre, for a total of $16,800.00, and authorize the Chair to sign said lease. Commissioner Conway seconded the motion, which carried unanimously. Minutes, November 9, 2009 2009-2972 Page 2 BC0016 CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4, S24, T9N, R66W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $75.00 per mineral acre, and from T. Verne Dwyer, c/o Hill Land Services, Inc., for $50.00 per mineral acre. Following an oral auction, Commissioner Conway moved to approve the high bid from T. Verne Dwyer, in the amount of $105.00 per mineral acre, for a total of $16,800.00, and authorize the Chair to sign said lease. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E1/2 SE1/4, S26, T9N, R66W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $75.00 per mineral acre, and from T. Verne Dwyer, c/o Hill Land Services, Inc., for $50.00 per mineral acre. Following an oral auction, Commissioner Kirkmeyer moved to approve the high bid from T. Verne Dwyer, in the amount of $109.00 per mineral acre, for a total of $8,720.00, and authorize the Chair to sign said lease. Commissioner Long seconded the motion, which carried unanimously. CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - NW1/4 SE1/4, S26, T9N, R66W: Ms. Connolly opened the two sealed bids received from Lone Tree Energy and Associates, LLC, in the amount of $75.00 per mineral acre, and from T. Verne Dwyer, c/o Hill Land Services, Inc., for $50.00 per mineral acre. Following an oral auction, Commissioner Kirkmeyer moved to approve the high bid from T. Verne Dwyer, in the amount of $109.00 per mineral acre, for a total of $4,360.00, and authorize the Chair to sign said lease. Commissioner Conway seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SOARING EAGLE RANCH HOMEOWNERS ASSOCIATION: Chris Woodruff, Assessor, stated this petition is for outlots 6 through 11 in the Soaring Eagle Ranch PUD, which are owned by a qualified Homeowners' Association, therefore, the value of the lots is actually reflected in the value of the residential lots that are served. He stated there should not have been a separate valuation; however, the issue did not come to staff's attention until 2009, and he recommends approval of an abatement for the outlots, in the amount of $23,410.00, for a refund in the amount of $2,206.63. Commissioner Conway moved to approve said petition as recommended. The motion was seconded by Commissioner Rademacher, and it carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN U.S. HIGHWAY 85 AND CR 78: Janet Carter, Department of Public Works, requested approval of the temporary closure of County Road 37 between U.S. Highway 85 and County Road 78, beginning November 16, 2009, and ending November 20, 2009, to replace a 24 -inch culvert with a 30 -inch culvert. She stated magnesium chloride will be applied for dust control on the gravel portions of the detour route, and standard signs and barricades will be utilized to direct traffic. Commissioner Rademacher moved to approve said temporary closure, as recommended by staff. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER UTILITY RIGHT-OF-WAY USE PERMITS AND ACCEPT COLLATERAL FOR TWO (2) YEAR WARRANTY OF WORKMANSHIP - PUBLIC SERVICE COMPANY OF COLORADO: Ms. Carter stated Public Service Company of Colorado has collateral associated with five Utility Right -of - Way Use Permits, in the amount of $5,000.00 for each crossing of its pipeline along the specified County roads. Commissioner Conway moved to accept said warranty collateral, in the amount of $25,000.00, for the five Utility Right -of -Way Use Permits issued to Public Service Company of Colorado by the Department of Public Works. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Minutes, November 9, 2009 2009-2972 Page 3 BC0016 CONSIDER CONTRACT AMENDMENT #1 FOR INTENSIVE SUPERVISION PROGRAM AND PAROLE SERVICES AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Justice Services Division, stated this amendment will accommodate additional services for offenders under the Intensive Supervision Parole Program by authorizing an increase in what the subcontractors may charge for offenders who are receiving services, with no change to the original allocation. Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Ms. Connolly stated the new replacements have been received for two additional pieces of equipment which are now recommended for sale at auction at the Adams County Fairgrounds. Commissioner Rademacher moved to declare said equipment as surplus property and authorize the sale of same to the scheduled Roller and Associates auction on November 11, 2009. Seconded by Commissioner Conway, the motion carried unanimously. SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-13, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2009-13 by title only. Commissioner Kirkmeyer seconded the motion, which carried unanimously. Mr. Barker read said title for the record. Ms. Mika clarified the Board discussed the specific changes at a recent work session, and she summarized that Appendix 5-D, item #30, was corrected to clarify that the $100.00 fee for Temporary Assemblies is per event, versus per day. She also noted that Chair Garcia strongly supported an increase in the inmate co -payment from $10.00 to $20.00; however, the remaining Board members did not support the recommendation. Chair Garcia commented he feels it would be appropriate for inmates to pay a co -payment comparable to the standard co -payment amounts made by the average citizen. Regarding Appendix 5-B - Paramedic Service Fees, Commissioner Conway commented that although he realizes the County is attempting to recoup its costs, he feels that a base rate of almost $1,600.00 may be the tipping point for the public to begin resorting to transporting themselves versus paying the paramedic costs. He stated he will support this Ordinance; however, he feels certain fees are getting to the point where the public will no longer be able to justify the cost. Commissioner Kirkmeyer stated if the costs are not recovered it must also be realized that general fund monies would be used to supplement the service, which was not the initial intent. Commissioner Conway agreed and stated he just wanted to comment, for the record, that this is a recognized concern. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve Code Ordinance #2009-13 on second reading. The motion, which was seconded by Commissioner Long, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2009-13 was approved on second reading. 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 9, 2009 2009-2972 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. ATTEST: id) Weld County Clerk to the BY Deputy Clerk to the Boa Douglal a BOARD OF COUNTY COMMISSIONERS WELD CO Y, COLORADO lam F. Garcia Chair Sean P. Conway \A,!{ el, her, Pro -Tern EXCUSED DATE OF APPROVAL Barbara Kirkmeyer ) EXCUSED DATE OF APPROVAL David E. Long Minutes, November 9, 2009 2009-2972 Page 5 BC0016 Hello