HomeMy WebLinkAbout20091811.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 3, 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, August 3, 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, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of July 29, 2009, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on July 29, 2009, as follows: 1) USR #1694 - Keith Thoene; and 2) Show Cause
Hearing re: 2nd and 3rd AmUSR #842 - Tire Recycling, Inc. Commissioner Long seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add New Item of Business
#5) Consider Tax Increment Expenditure and Revenue Sharing Agreement and authorize Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
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:
APPROVE BID #B0900117, CR 74 MILL AND OVERLAY PROJECT - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director of Administrative Services, stated staff recommends acceptance of the
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low bid from Aggregate Industries, and the Project will be completely funded by the American Recovery
and Reinvestment Act (ARRA).
Wayne Howard, Department of Public Works, stated this is the first and only Project Weld County has
been awarded ARRA funding for, and it is a partnership with the Town of Windsor, which owns a half -mile
stretch of the two-mile long section of roadway that the Project will address. Mr. Howard stated this section
of roadway would not have made it through the upcoming winter without serious improvements; therefore,
the timing of the Project is good. He stated the low bid is in the amount of $453,865.00; therefore, the
Project is far under the engineer's cost estimate, which was $576,499.00, and the overall Project budget
allocated, which was $625,000.00; therefore, the County will be returning money to the ARRA stimulus
fund. Chair Garcia inquired as to if there will be a second chance for the County to obtain some of the
redistributed funds. Ms. Mika stated there will be a second phase distribution of the funding, which is
approximately 18 months away; therefore, staff should be advised by the end of the year regarding any
additional funds to be awarded. Chair Garcia thanked Ms. Mika and Mr. Howard for being good stewards
for the County and organizing the Project for an amount less than what was budgeted. Commissioner
Rademacher moved to approve said low bid from Aggregate Industries, based on staff's recommendation.
Seconded by Commissioner Conway, the motion carried unanimously.
APPROVE BID #B0900123, EMERGENCY MEDICAL VEHICLES/AMBULANCES - DEPARTMENT OF
PARAMEDIC SERVICES: Barb Connolly, Controller, stated staff has been diligently working on this bid
for several months. Ms. Connolly stated six vendors submitted bids and staff evaluated each one, and
determined the low bid did not meet the specifications; therefore, acceptance of the second lowest bid,
from Life Line Ambulance, dba Rocky Mountain Chassis, is recommended.
Dave Bressler, Director, Paramedic Service, stated the low bid contained a number of exceptions regarding
the bid specifications, which were discussed at a work session conducted with the Board last week, and
there was a concern regarding if the vehicle would be able to continue being used past its life cycle if
necessary, since it has been necessary to use vehicles beyond their life cycles in the past. Mr. Bressler
stated the second lowest bid contained no exceptions to the bid specifications and the vehicle is capable
of performing for an extended life cycle if it is determined to be necessary due to budget constraints. In
response to Commissioner Rademacher, Mr. Bressler reiterated the primary concern is whether the vehicle
could sustain use beyond its life cycle or not, possibly through replacing the chassis, and some of the
vehicles currently in use have endured approximately one million miles of use; therefore, a vehicle being
considered for purchase must have a good performance record. Commissioner Kirkmeyer moved to
approve said bid from Life Line Ambulance, dba Rocky Mountain Chassis, based on staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO
CR 74 AND AUTHORIZE CHAIR TO SIGN - THE NEW CACHE LA POUDRE IRRIGATING COMPANY:
Leon Sievers, Department of Public Works, stated this is the fourth of five parcels to be acquired for the
County Road 74 Project, and the agreement is for a combined total of 0.164 acres of permanent
easement, including two separate parcels of land, for the amount of $500.00, which is the minimum
amount the County pays for a permanent easement. In response to Commissioner Conway, Mr. Sievers
stated the seller is a willing participant in the transaction. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR REGULAR (112D) DESIGNATED MINING OPERATION RECLAMATION
PERMIT FOR PIERCE NORTH SAND AND GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN: David
Bauer, Department of Public Works, stated the County owns and farms 160 acres of the area the Pit is
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located on, and he intends to extract approximately 800,000 cubic yards of gravel from the site over the
next ten years. Mr. Bauer stated the gravel will be used for new road construction projects and for existing
gravel roads in the vicinity, and it is located approximately two miles east of U.S. Highway 85 and
approximately three miles north of the Town of Pierce. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
AUGUST 28, 29, AND 30, 2009 - LOVE -AIR R/C, INC.: Michael Harrington, Event Co -Director for Love -Air
R/C, Inc., stated this is the sixth annual Warbirds Over the Rockies event, and he has provided a detailed
application, which includes information on the site, the lease with Drake Family Farms, the additional
insurance obtained through the Academy of Model Aeronautics, traffic control, waste disposal, portable
toilets, and security. Mr. Harrington stated the Town of Ault Fire and Rescue will be on -site throughout the
duration of the event.
Bruce Barker, County Attorney, stated he has reviewed the application and determined everything is in
order, and the group has a great track record in regards to meeting the requirements for the event;
therefore, approval is recommended. Upon Chair Garcia's request, Mr. Harrington submitted a flier
containing the event information into the record, marked Exhibit A. Commissioner Rademacher moved
to approve said application. Seconded by Commissioner Kirkmeyer, the motion carried unanimously
CONSIDER FIRST AMENDMENT TO LEASE AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated the
amendment is a modification to extend the term of an existing agreement the County has with the United
States Army to lease administrative offices located in the City of Fort Lupton. She explained the Army
initially thought it would require the space for less than a year. In response to Chair Garcia, Ms. Mika
clarified the terms will remain the same and the amendment is only for the purpose of extending the lease
agreement. Responding to Commissioner Rademacher, Ms. Mika stated the extension is six months in
length. Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the City of Brighton and the Brighton Urban Renewal
Authority will not agree to Items 1.b.ii and 1.b.iii in the agreement. He explained Item 1.b.ii states there
will be the payment of a 50 percent rebate of the taxes on personal property over a ten-year period, and
the City and Urban Renewal Authority indicated they did not see how they would be able to make the
payments, and the concern they have regarding Item 1.b.iii is additional improvements need to be made
on the north side of the property, north of County Road 6, and they do not know what all of the
improvements will be; therefore, they cannot commit to what the improvements will be in the agreement,
nor to giving back an amount which is greater than 50 percent of the tax levy revenue, as specified in
Item 1.a. Commissioner Kirkmeyer stated 1.b addresses the remaining 50 percent of the revenue
produced by the tax levy. She stated it seems the City of Brighton is indicating it does not participate in
planning for the future and it has no idea what the infrastructure and public improvements will cost for an
Urban Renewal Area which has been studied for a minimum of six months, and possibly for as long as one
year, since the Impact Report was released in March, 2009. She further stated she will not support the
agreement because she does believe the City has been forthcoming and she is appalled the City did not
speak to the Board regarding these issues. Commissioner Kirkmeyer stated the necessary public
improvements were identified for the Vestas site in the City of Pueblo, as well as various other sites,
without any problems, and she finds it ridiculous the City of Brighton is unable to do so. She stated the
remaining 50 percent identified in Item 1.b is levied County tax money; therefore, the Board should know
exactly what the amount is and what it will be used for. Chair Garcia inquired as to if the agreement may
be changed unilaterally 10 or 15 years from now. Mr. Barker stated the agreement will not be able to be
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changed unilaterally; both parties must agree to modifications. Mr. Barker stated the County will have the
50 percent reimbursement for the entire length of the tax increment, which may last up to 25 years,
according to the agreement. He stated the tax increment could end without the Board's consent; however,
then the County will receive 100 percent. He stated the agreement will end at the end of the 25 -year
period or at which time the City of Brighton indicates it does not need it any longer. Commissioner Conway
indicated he thought the agreement had been worked out and he inquired as to when the changes
occurred. Mr. Barker indicated there are no changes to the agreement, as it was discussed by the Board
on Thursday. He stated he added Item 1.b.v, which addresses the costs for dust suppression and the City
agreed to it; however, he believes the item was discussed on Thursday. Commissioner Kirkmeyer stated
Item 1.b.iii has been altered; it previously included railroad and earth work; however, it did not include
demolition of structures, environmental mitigation, voluntary land acquisition, relocation expenses, and
other normal urban renewal costs. Mr. Barker confirmed Item 1.b.iii has been altered. Commissioner
Kirkmeyer stated the agreement is different from the agreement the Board reviewed on Thursday; there
are many changes. She stated the City is already planning on expanding the Urban Renewal area to
include an additional property, which was purchased by Vestas, and she heard that it is willing to exempt
the Brighton Fire District from dedicating any portion of its tax levy for these expenses. She reiterated she
does not believe the City is being forthcoming, since it added numerous items to the agreement; however,
it is unwilling to commit to a cost estimate. Commissioner Long indicated he is reluctant to vote on the
agreement today and the Board needs to review the agreement, make the necessary changes, and
resubmit it to the City of Brighton for review, if there is time to do so. Commissioner Rademacher inquired
as to whether there are time constraints regarding the agreement. Mr. Barker stated the City will approve
the agreement tomorrow. In response to Commissioner Conway, Mr. Barker stated the City will approve
the agreement with, or without, the agreement being approved by the County today. Commissioner
Kirkmeyer stated the County does not have to agree first; the Board may approve it at its next meeting.
Mr. Barker stated the additional items in the list provided under Item 1.b.iii is not outside of what statute
allows. Commissioner Kirkmeyer stated the addition to Item 1.b.iii will allow Vestas to use County tax
money to clean up the property it purchased. Chair Garcia inquired as to whether there are additional
items the Board wishes to alter, besides Items 1.b.ii and 1.b.iii. Mr. Barker stated the City is not going to
budge on 1.b.ii; however, it may be willing to remove the items added to the list under 1.b.iii.
Commissioner Rademacher inquired as to whether the list could be revised to simply state "public
infrastructure". Mr. Barker stated he recommends keeping the list since it provides restrictions, and Vestas
wanted a lot more than the law allowed. Commissioner Kirkmeyer stated the items added to the list;
demolition of structures, environmental mitigation, voluntary land acquisition, relocation expenses, and
other normal urban renewal costs are all items which will be paid to, or on behalf of, Vestas. She stated
Vestas should incur such expenses, for example, if it wants to have the greenhouses demolished on the
land it recently purchased, it should have to pay for it; it is not a public improvement and neither are the
other items added to the list. In response to Commissioner Kirkmeyer, Mr. Barker stated the City
requested to add the items to the list in Item 1.b.iii and he agreed because the statute allows for the
inclusion of the items. In response to Chair Garcia, Mr. Barker stated if there is a list in the agreement,
the parties should not request additional items which are permitted according to statute; however, he does
not know if additional items will be reimbursed. Mr. Barker stated the City is also receiving money from
school districts and other entities; therefore, those entities will be compensated. In response to
Commissioner Rademacher, Mr. Barker confirmed the original language in Item 1.b.iii stopped after the
word earthwork. Commissioner Rademacher indicated he would be in favor of approving the agreement
if the additional items from the list in Item 1.b.iii are removed. In response to Commissioner Kirkmeyer,
Mr. Barker stated if the Board wishes to object to the agreement, it must do so at the meeting tomorrow.
Responding to Commissioner Conway, Mr. Barker stated it is unlikely the County will obtain a better deal
through arbitration, and he is satisfied with the current agreement. Commissioner Conway indicated he
finds it outrageous the City of Brighton did not come forth earlier with its issues; however, he does not want
to cut off his nose to spite his face, and the statute is not in the County's favor. Commissioner
Rademacher concurred with Commissioner Conway. Commissioner Conway stated he was comfortable
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with the agreement as it was discussed on Thursday; however, he was not aware of the changes. Chair
Garcia stated the Board has a better ability to act regarding this matter today, as opposed to Wednesday.
Commissioner Conway concurred and stated the window of opportunity is closing. Commissioner
Kirkmeyer inquired as to what happens if the Board makes changes to the agreement and approves it
today, and then the City of Brighton adds the language the Board removed back to the agreement again
before approving it. Mr. Barker recommended providing the agreement to the City and requiring it to make
a decision today whether the agreement is acceptable. He stated the City and the Urban Renewal
Authority were satisfied with the language, as it was proposed today. Commissioner Kirkmeyer stated the
additions to the list under Item 1.b.iii should be deleted, and Mr. Barker should remind the Brighton City
Manager of his statement that an agreement can be worked out regarding the use of the County tax levy
money. She stated she will be still be voting against the agreement; however, the language should still
be revised. Commissioner Rademacher concurred regarding the suggested revision. In response to Chair
Garcia, Mr. Barker suggested putting a period after the word "earthwork", and including the word "and"
prior to that word, and there does not need to be an amendment to 1.b.ii because it was not changed.
Commissioner Rademacher moved to approve said agreement, with the amendment, as stated by
Mr. Barker. Chair Garcia seconded the motion. Upon the request for a roll call vote, the motion carried
four to one, with Commissioner Kirkmeyer in opposition.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL TO DEPARTMENT OF PUBLIC WORKS
FOR IMPROVEMENTS TO CR 38 - PLATTE SAND AND GRAVEL, LLC: Kim Ogle, Department of
Planning Services, stated the Department of Public Works recommended the release of the collateral held
for improvements associated with repairs to a concrete ditch, in a memorandum dated July 27, 2009.
Mr. Ogle stated the collateral, which is approximately $10,000.00, should be released from the Trust Fund
to the Department of Public Works. He stated in November, 2007, Centennial Bank of the West paid
$182,208.40 to Weld County because Platte Sand and Gravel did not complete the requested
improvements, and the Board passed a Resolution, which states $10,000.00 will be held in the Trust Fund
to cover the cost of repairing the concrete ditch, in order to reimburse the Department of Public Works for
its costs upon completion of the repairs, and the repairs are complete.
In response to Commissioner Rademacher, Mr. Bauer stated there will still be a long term road
maintenance agreement, and the improvements were a result of the agreement and included relocating
a ditch. Further responding to Commissioner Rademacher, Mr. Bauer stated there were also
improvements to the south side of the road, which mostly consisted of paving the intersection. Mr. Bauer
stated there was a dispute between a landowner and Platte Sand and Gravel, which resulted in part of the
the landowner's property being replatted. In response to Commissioner Rademacher, Mr. Bauer stated
he does not recall if any trees had to be moved; however, the irrigation ditch has been relocated and
repaired. Commissioner Rademacher moved to approve said cancellation and release of collateral to the
Department of Public Works. Seconded by Commissioner Long, 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, August 3, 2009 2009-1811
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
ATTEST:!,TS
Weld County Clerk to the Board
BY
Dep
l
he oard
David E. Long
BOARD Off COUNTY COMMISSIONERS
TYrr
illiam F. Garcia, Chair
Duo glas ademach r,Pro-Tem
e, P. Conway
r ara Kirkmeyer
Minutes, August 3, 2009 2009-1811
Page 6 BC0016
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