HomeMy WebLinkAbout20090998.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 27, 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, April 27, 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 H. 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, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of April 22, 2009, as printed. Commissioner Rademacher seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on April 22, 2009, as follows: 1) USR #1692 - QM Company, 2) 3rd AmUSR #542 -
DCP Midstream, 3) 4th AmUSR #552 - DCP Midstream, and 4) USR #1687 - Journey Ventures, LLC.
Commissioner Conway 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT AND APPROVE BID#B0900100, STATE HIGHWAY 60 TRENCHLESS PIPE - DEPARTMENT
OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, stated staff is requesting
emergency approval of the bid in order to maintain adherence to the construction schedule. Commissioner
Rademacher inquired if the County has conducted business with this company before. Ms. Mika indicated
she is unsure. Wayne Howard, Department of Public Works, stated the Department has not worked with
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the company before; however, references for the company were contacted and staff spoke to the company
regarding the bid amount being sufficient to cover the project. Commissioner Kirkmeyer moved to approve
said low bid, in the amount of $15,155.00, from Brannan Construction Company, based on staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
APPROVE BID #B0900087, EMERGENCY SIRENS - SHERIFF'S OFFICE: Roy Rudisell, Office of
Emergency Management, stated the bid is for 16 sirens; eight through Weld County and eight through a
grant the Towns of Gilcrest, Platteville, and Hudson applied for. Mr. Rudisell stated acceptance of the low
bid from Sentry Sirens is recommended. Commissioner Kirkmeyer stated she read through all of the bids
since she assisted in administering the grant, and the bid meets all of the qualifications. In response to
In response to Commissioner Rademacher, Commissioner Kirkmeyer stated there is no County match for
the grant. Commissioner Conway stated the Board met with some of the communities involved and some
of the communities indicated they would follow up with Ms. Mika at a later date, and he inquired if all of the
communities are in favor of the bid. Ms. Mika stated she has spoken with representatives of the Towns
of Grover and Nunn, both of which are in favor of the bid; however, she has not spoken to representatives
of the remaining communities. In response to Commissioner Conway, Ms. Mika stated all of the involved
communities have had the opportunity to comment regarding any concerns they may have. Commissioner
Kirkmeyer stated she met with the Towns of Gilcrest and Platteville, and the Hudson Fire District, all of
which had copies of the bid and expressed no opposition to it. Mr. Rudisell stated Sentry Sirens submitted
multiple bids; however, the bid which meets all of the requirements, including an AC/DC system for battery
back-up, is in the amount of $236,525.36. Commissioner Long stated he spoke with representatives of
the Towns of Ault, Pierce, and New Raimer, and all of them were in support of the bid. Commissioner
Rademacher moved to approve said low bid, in the amount of $236,525.36, from Sentry Sirens, based on
staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #B0900088, EMERGENCY GENERATORS - SHERIFF'S OFFICE: Mr. Rudisell stated
he has spoken to several of the communities involved regarding the generators bid and he recommends
continuation of the matter to May 4, 2009, since there was not enough time for the communities to speak
with their electricians to verify the bid will meet the requirements for each community. Commissioner Long
stated he thinks it is appropriate to continue the matter, and he stated a couple of the communities have
contacted him to express their preferences. He stated the Towns of Ault and Pierce are participating in
a combined effort with their Fire District, and the Towns recognize the amount being requested may be
more than can be afforded. He stated the Towns have requested a Sheltering Plan to supply power to a
shelter, in the event one is needed, and they indicated they would also like to keep the Fire Plan up and
running. He further stated the Towns are willing to supplement with their own funds; therefore, the needs
of each community and the costs to meet those needs must be calculated. Commissioner Long stated the
request for the Towns of Ault and Pierce request is for approximately $210,000.00 to $220,000.00 and they
need two 75KW generators, and the Town of New Raymer needs a 40KW generator. Commissioner
Conway stated it is important to have the sirens and generators installed as soon as possible, before
inclement weather hits. In response to Commissioner Conway, Mr. Rudisell stated the sirens will be
installed quickly, since they were approved today, and the generators will be delayed by the one -week
continuance and then delivery will take 3-6 weeks; therefore, the generators will be installed approximately
mid -June. Ms. Mika stated the Towns of Grover and Nunn have selected generators which have already
been bid out; however, others have not yet been bid; therefore, the process will take longer for those
communities. In response to Commissioner Conway, Ms. Mika clarified some of the generators will be
installed in the time -frame initially proposed; however, others will be delayed. Ms. Mika stated the County
also needs to consider how much will be allocated to each community. Commissioner Conway stated it
is important to meet the different communities needs. Commissioner Kirkmeyer stated staff needs to
conduct site surveys this week and determine each site's specific needs since the generator costs vary
so greatly depending on the size of the communities, and the installation and connection specifications.
She reiterated it is important the sites are visited this week in order to not delay the process any further.
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In response to Commissioner Kirkmeyer, Mr. Rudisell stated the generators will be permanently located
at each site. Ms. Mika stated the Town of Windsor may decline the acceptance of a generator, since the
Town Engineer determined there is $30,000.00 to $40,000.00 of electrical work necessary before the Town
is able to house a generator. Commissioner Kirkmeyer stated there is flexibility within the grant contract;
therefore, there may be an opportunity to fund it, and staff should at least determine the costs since the
County may request supplemental funding if the grant does not cover all of the expense. Commissioner
Rademacher moved to continue the matter to May 4, 2009, at 9:00 a.m. Commissioner Conway seconded
the motion, which carried unanimously.
REJECT QBP BID #B0900070, ENGINEERING SERVICES FOR ROAD IMPROVEMENTS ON CR 13
(CR50 AND SH 34) - DEPARTMENT OF PUBLIC WORKS: Don Warden, Director, Department of Finance
and Administration, stated he sent an e-mail to all of the involved County staff inquiring if it is prudent to
go ahead with allocating this bid to a contractor, or, due to the current budget situation, would it be wiser
to allocate in-house staff to perform the work, and Pat Persichino, Director, Department of Public Works,
concurred with the recommendation, as well as most of the other recipients of the e-mail. Mr. Warden
indicated he appreciates the time the contractors took to prepare a bid; however, he believes allocating
the work to County staff is the prudent decision to make. Commissioner Rademacher moved to reject said
QBP Bid, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
REJECT BID #60900074, ENGINEERING SERVICES FOR ROAD IMPROVEMENTS ON CR 7 (SH 56
TO CR 48) - DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated this is the same situation as with
the prior bid and it was also addressed in the aforementioned e-mail. Commissioner Rademacher moved
to reject said bid, based on staff's recommendation. Seconded by Commissioner Conway, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -ACEITE ENERGY CORPORATION:
Christopher Woodruff, Assessor, stated the property includes 19 oil wells, the assessment valued the
production in 2007 and it was determined in 2008. Mr. Woodruff stated the 19 wells were sold to
Petroleum Development; however, the Assessor's Office was not notified; therefore, the property was
mistakenly double assessed, since Petroleum Development also filed on the wells. He stated Aceite
Energy Corporation responded to the tax notice issued in January; however, they did respond to the notice
of value issued in June. He stated staff concurs with Aceite Energy Corporation that the wells were
correctly assessed to Petroleum Development; therefore, a refund, in the amount of $72,978.05, is
recommended. Commissioner Conway moved to approve said refund, in the amount of $72,978.05, as
recommended by staff. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 7 AND AUTHORIZE CHAIR TO SIGN - RONALD AND DIANE BAKEL: Leon
Sievers, Department of Public Works, stated this is the fifth of six parcels the County is acquiring for the
County Roads 7 and 48 Strategic Roads Project. Mr. Sievers stated the County is acquiring 2.34 acres
of right-of-way for $19,305.00, which is $8,250.00 per acre, and the County is reimbursing the landowner
$69,635.00 for damages to the existing cattle feeding operation, including the removal and replacement
of feedlot fencing, concrete feed bunks, buried waterline, new electric line, and gravel service roads. He
stated the amounts are based on valuations performed by Foster Valuation Company and Greg Wild,
Certified General Appraiser, and the total compensation to the landowner will be $88,940.00. He indicated
he participated in five months of negotiations to come to an arrangement the land owner is satisfied with.
Commissioner Rademacher stated approximately $69,000.00, seems like a lot of money for the fences.
Mr. Sievers stated both appraisers agreed on the unit amount and the fencing was valued at 50 percent
of new value. In response to Commissioner Rademacher, Mr. Sievers clarified the County will not be
Minutes, April 27, 2009 2009-0998
Page 3 BC0016
installing any fencing on the property. Responding to Commissioner Conway, Mr. Sievers stated the
reimbursement amount designated for the fencing is the actual reimbursement; not an estimate.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - JAMES
RICE AND IVY COOPER: Mr. Sievers stated this is the sixth and final parcel the County is acquiring for
the County Roads 7 and 48 Strategic Roads project, and the County is acquiring 3,900 square feet of
temporary construction easement for $500.00. He stated the amount was negotiated to satisfy the land
owner. Commissioner Rademacher moved to approve said temporary construction easement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CR 13 AND 1-25: Janet Carter, Department
of Public Works, stated the closure will commence May 4, 2009, through May 7, 2009, to replace an
irrigation culvert. Ms. Carter stated the detour route is paved; therefore, no dust control measures are
necessary. She stated the average daily traffic count is 445 vehicles, based on a 2007 study, and road
signs and barricades will be used to advise drivers of the closure. In response to Commissioner
Rademacher, Ms. Carter stated the closure will be located north of County Road 60. Commissioner
Conway moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER AUTHORIZING SUSPENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NE1/4, S14, T7N, R64W: Bruce Barker, County Attorney,
stated this is the last of three leases in which Petro -Canada has drilled a gas well and closed it because
the company does not currently have the necessary infrastructure to be able to market the oil; therefore,
a one-year suspension of the lease is recommended. Commissioner Rademacher moved to authorize said
suspension of the oil and gas lease for a period of one year, as recommended by staff. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -AVA
SOLAR, INC.: Don Warden, Director of Finance and Administration, stated this is a 50 percent rebate for
personal property tax, and he requested the matter be continued to May 20, 2009, since the attorney for
Ava Solar, Inc., had a different interpretation of the agreement. In response to Commissioner
Rademacher, Mr. Warden stated the amount paid to Ava Solar, Inc., will be $1,272,000.00 over ten years.
Mr. Warden indicated the agreement states, "Payment to taxpayer shall only be made to the extent
revenues are available and appropriated in each of the ten years of the term of this agreement." He stated
upon the recommendation of the County Attorney, he sets the payments up as accounts payable for each
company, in order to ensure there is not a liability issue for future Boards. He stated the amounts to be
allocated to Eastman Kodak Company will be $595,000.00 and $416,000.00, and Vestas Blades will be
paid $792,000.00. He stated he is confident the County will have adequate funds to honor the agreement
in the 2010 budget; however, it may be a struggle to do so the next several years, since oil and gas
revenue greatly fluctuates. Commissioner Kirkmeyer inquired how the proposed legislation for the
elimination of personal property tax will affect the County, if it should pass. Mr. Warden stated the
legislation would reduce the amount of tax paid over a 40 -year period, which would automatically reduce
the amount of the refunds. In response to Commissioner Rademacher, Mr. Warden reiterated the
payments will end if the funds are no longer available for the tax incentive payments. Commissioner
Rademacher moved to continue said agreement to May 20, 2009, based on staffs recommendation.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY: Mr. Warden stated this and the following item are tax incentive
Minutes, April 27, 2009 2009-0998
Page 4 BC0016
agreements for Eastman Kodak Company, and this agreement is for items the County was not able to
honor last year, and is in the amount of $595,870.00, to be paid over a ten-year period. He stated these
agreements are the same as in previous years; however, the section regarding payments only being made
to the extent of which revenues are available, has been printed in capital letters to ensure it is noticed.
Chair Garcia stated a piece of the tax incentive payments are for the creation and retention of jobs and this
company conducted job lay-offs. Mr. Warden stated the company will be laying off 350 positions over the
next year, as other product lines are moved out of the Town of Windsor plant to other locations; however,
the tax incentive payments are for the product lines which the company has committed to retain at the
Windsor plant, and if the incentive was not in place, the company may have eliminated more positions.
In response to Commissioner Conway, Mr. Warden stated the highest number of employees at the facility
was approximately 2,500, and after these upcoming lay-offs, there are fewer than 500 employees. He
stated there is a related company, Carestream, which performs medical billing, and it has retained
approximately 300 to 400 employees; therefore, almost 1,000 positions remain between the two
companies. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY: Mr. Warden stated this agreement is for equipment which will be put into
use this year, in the amount of $416,235.00 over a ten-year period. Commissioner Conway moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Kirkmeyer moved to appoint Carl Harvey to the Regional Communications Advisory Board, with a term to
expire December 31, 2010. Seconded by Commissioner Conway, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ALBA COFFEE FOR VIOLATION OF THE WELD COUNTY CODE: Dan Joseph,
Department of Public Health and Environment, stated Alba Coffee has failed to pay an assessed civil
penalty for failure to renew its license. Mr. Joseph stated the process is to send a renewal notice in
December, a letter indicating payment has not been received is sent around January 15, and if no payment
has been received for the license by mid -February, a civil penalty is assessed. He stated the fee for
license renewal has since been received; however, the civil penalty has not been remitted, and staff is
requesting the Board give the County Attorney permission to pursue legal action or close the facility. In
response to Chair Garcia, Mr. Joseph stated there are no health violations at the facility, the owners have
simply not paid the civil penalty, and the amount of the penalty is $250.00. Mr. Joseph stated last year the
establishment was known by a different corporation name with the same owner; however, the same issue
occurred. In response to Chair Garcia, Mr. Joseph stated the Department has not issued the license due
to the outstanding civil penalty even though the fee has been paid. In response to Commissioner
Rademacher, Mr. Joseph stated the facility is open for business. In response to Commissioner Kirkmeyer,
Mr. Joseph stated the owner was given the opportunity to appeal the civil penalty; however, they did not
contact staff, and staff later followed up with them and requested a reason for not paying the penalty be
submitted in writing. In response to Commissioner Kirkmeyer, Mr. Joseph stated the civil penalty may have
been waived if the owner provided good reason for not paying it. There were no representatives of Alba
Coffee present. Mr. Joseph stated the owner signed for a certified letter notifying them of the hearing, staff
left a voice mail message last Monday, and last Thursday staff sent an email reminding them about the
hearing. Commissioner Kirkmeyer stated the owner has had ample time to rectify the situation and has
not, and she moved to authorize the County Attorney to proceed with immediate legal action.
Commissioner Rademacher seconded the motion. Commissioner Conway inquired if additional penalties
may be assessed if the matter continues to not be resolved. Mr. Joseph stated the County can assess a
Minutes, April 27, 2009 2009-0998
Page 5 BC0016
$500.00 civil penalty fee and then a $1,000.00 civil penalty fee, if the matter continues to remain
unresolved. In response to Commissioner Conway, Mr. Joseph stated if a penalty has gone unpaid as long
as this one and a hearing is conducted, typically, the owner will attend the hearing and write a check.
There being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO WITHDRAW APPLICATION FOR USE BY SPECIAL REVIEW PERMIT#1556
- LELAND AND JULEE RIDNOUR: Kim Ogle, Department of Planning Services, stated staff received a
letter from Melissa Bersch, Asset Manager for Ocwen Loan Services, LLC, on behalf of Deutsche Bank
National Trust Company, requesting to withdraw the application for Use by Special Review Permit #1556.
Mr. Ogle stated the application was approved by the Board on March 21, 2007; however, the property has
been transferred and the plat has not been recorded; therefore, staff recommends vacating the request.
Commissioner Conway moved to approve said request to withdraw application for USR #1556. Seconded
by Commissioner Kirkmeyer, 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 9:52 a.m.
Weld County Clerk to the Board
David E. Long
BOARD OF CsUNTY COMMISSIONERS
WELD OU T COLORADO
Se?n P. Conway
Minutes, April 27, 2009 2009-0998
Page 6 BC0016
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