HomeMy WebLinkAbout20090504RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 25, 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, February 25, 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 Conway moved to approve the minutes of the Board of County Commissioners
meeting of February 23, 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 February 23, 2009, as follows: 1) Hearing to Consider Appeal of Decision of the
Board of Directors of Beebe Draw Farms Metropolitan District No. 1 Regarding the Granting of a Petition
for Exclusion of Certain Property (2,266.118 acres owned by REI, 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 Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #0900068 CONCRETE DIVERSION BOX - DEPARTMENT OF PUBLIC WORKS: Monica
Mika, Director of Administrative Services, stated the bid will be presented for approval on March 11, 2009.
Commissioner Rademacher stated he is concerned due to the large disparity between the amount of the
2009-0504
BC0016.
bids submitted, whether all of the bids are comparable. Ms. Mika stated the company that submitted the
highest bid misunderstood and included some additional items in determining the bid amount it submitted.
APPROVE BID #0900061 MOSQUITO SURVEILLANCE - DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT: Ms. Mika stated approval of the low bid from Otter Tail Environmental, Inc., is
recommended. In response to Commissioner Conway, Ms. Mika stated the surveillance includes the City
of Greeley and all of Weld County. Responding to Commissioner Rademacher, Ms. Mika stated the
County has worked with Otter Tail Environmental, Inc., in the past. Commissioner Rademacher moved
to approve said low bid from Otter Tail Environmental, Inc., in the amount of $20,362.11, as recommended
by staff. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #0900063 TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika recommended approval of the two low bids from Colorado Paint Company, for the glass beads,
and Vogel Paint and Wax, for the yellow and white traffic paint. Commissioner Long moved to approve
said low bids from Colorado Paint Company and Vogel Paint and Wax, as recommended by staff.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #0900069 DUST PALLIATIVE CHEMICALS - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated the low bid from GMCO Corporation is recommended. Commissioner Garcia stated
Envirotech specified two chemicals to be used, and GMCO Corporation did not specify any. Ms. Mika
stated both bids contain chemicals previously used by the Department of Public Works. Commissioner
Conway moved to approve said low bid from GMCO Corporation, in the amount of $0.549 dollars per
gallon, as recommended by staff. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO THE
INTERSECTION OF COUNTY ROAD 49 (WATKINS ROAD) AND COUNTY ROAD 2 (168TH AVENUE)
AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY: Janet Carter, Department of Public Works,
stated the addendum to the agreement is to pay Felsburg, Holt, and Ullevig (FHU) $36,630.00 for the study
they conducted of the intersection of County Roads 2 and 49/Watkins Road, rather than the $20,000.00
that was originally allocated. In response to Chair Garcia, Don Warden, Director of Finance and
Administration stated there is enough money available in the budget to cover the increase in cost. In
response to Commissioner Rademacher, Ms. Carter stated the County is equally splitting the cost with
Adams County. Commissioner Rademacher moved to approve said addendum and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR TRANSFER OF ENTITLEMENTS TO CITY OF STERLING, COLORADO,
AND AUTHORIZE CHAIR TO SIGN - FEDERAL AVIATION ADMINISTRATION: Mike Reisman,
Greeley -Weld County Airport, stated staff received two grants last year totaling $300,000, and $150,000.00
belonging to the City of Sterling. Mr. Reisman explained the City of Sterling did not need the money last
year and it plans to use the funds for a project this year; therefore, the Federal Aviation Administration
advanced the available funds to the Greeley -Weld County Airport Authority last year, and this year the
Greeley -Weld County Airport must forego receiving funds. He stated the Greeley -Weld County Airport
made this type of arrangement in prior years with the Federal Aviation Administration; however, this is the
first year documentation has been necessary. He stated the matter is scheduled to go before the Greeley
City Council on next Tuesday. Commissioner Conway stated this is an example of mutual cooperation and
he commends the Greeley -Weld County Airport managers. He stated they were able to accomplish a lot
with the pooled funds. Commissioner Rademacher moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, February 25, 2009 2009-0504
Page 2 BC0016
CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE FAST TRACK PROGRAM
AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office, stated the grant is a
follow-up grant from the United States Department of Justice, allocated by the State Division of Criminal
Justice, and the Office has received funding from this source for many years. Ms. Holden stated it may
appear that it is for a shorter period of time than last year due to a transition to calendar years; however,
it is not. She stated there will be a County match in the amount of $3,743.00, and the amount to be
awarded is $11,229.00, for a total amount of $14,972.00. In response to Chair Garcia, Ms. Holden stated
the cash match is budgeted into the County budget, not the District Attorney's budget. In response to
Chair Garcia, Mr. Warden stated the amount has been figured into the County's budget for this year.
Commissioner Conway moved to approve said statement of grant award and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR
VICTIM WITNESS ASSISTANCE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Holden stated
this is the greatest grant funding source for the Victim Witness Unit, and it funds several job positions in
the Unit. She stated there is a large increase in the funding amount requested compared to last year
because the Board approved a half-time Victim Witness Assistant for the Unit, effective January 1, 2009,
and the Office wants the person to work full-time; therefore, half of the full-time salary amount is being
requested in the application. She stated the Unit is striving to respond to the specialized dockets that the
District Attorney has created, and the District Attorney has assigned a Deputy District Attorney specifically
to gang matters and another one to felony child abuse cases. Ms. Holden explained the reason the Unit
is requesting the Assistant position be full-time is because the cases are all in different divisions and
presently an employee with a full-time docket in Division 12 is attempting to cover all of the other
gang -related cases in various divisions and all of the Victim Witness Assistants are covering the child
abuse cases; therefore, the Unit would like to have a specialized Victim Witness Assistant for all of the
child abuse cases. She stated she does not know if the Victim Assistance and Law Enforcement (VALE)
Board is able to provide the additional funds; however, she will find out when she meets with them on
March 12 and 13, 2009. Commissioner Conway moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO WATER VALLEY METROPOLITAN
DISTRICT NO. 1 AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, provided the Board
with a parcel valuation and map, marked Exhibit A. Mr. Barker stated the property never should have been
taxed because it is owned by Water Valley Metropolitan District No. 1; however, $2,600.00 in taxes were
assessed and never paid. He recommended assigning the certificate to Water Valley Metropolitan District
No. 1, since it has been maintaining the property and is willing to accept the certificate. He stated if the
County were to apply for a deed, it would be a liability to the County, with little value as an asset. In
response to Commissioner Conway, Mr. Barker stated the District refused to pay the back taxes, and the
County will write off the amount. Further responding to Commissioner Conway, Mr. Barker stated there
will not be any future taxes because municipalities and districts are not taxed, and the reason this property
was mistakenly taxed is because when the property was subdivided, the developer failed to transfer the
ownership. He clarified the developer should have transferred the ownership when the Metro -District was
created and the County would have taken the property at that point; therefore, the developer is the party
responsible for the taxes. Mr. Barker stated the County requested that the developer, Michael Ashley of
Clarkson Companies, deed the property over to the Metro -District on several occasions; however, a
response was never received from Mr. Ashley. Mr. Warden stated this is the third time this situation has
occurred in the area around the Town of Windsor. He explained these are referred to as outlier lots and
should not be assessed; however, due to the way the lots are surveyed and filed, they show up as small
parcels requiring assessment by the Assessor's Office, and the lots should have been assigned to a
Homeowner's Association (HOA), City, or Special District. He stated the County has historically refused
the tax deeds and avoided assuming liability in this type of situation. In response to Commissioner
Minutes, February 25, 2009 2009-0504
Page 3 BC0016
Kirkmeyer, Mr. Barker explained the property is an ornamental fountain; however, it may be used for
drainage purposes. In response to Commissioner Conway, Mr. Barker stated the Board will consider
several more of these matters in the future, and this is not a situation that is unique to a particular
development; there have been other areas in which this situation has occurred throughout the years.
Commissioner Kirkmeyer suggested at the time of platting, this may need to be monitored more closely.
Mr. Barker stated the matter needs to be mentioned to the Town of Windsor, since this issue has been
recurring in the area recently. In response to Chair Garcia, Mr. Warden stated the taxes for the property
will be written off in the same way as an uncollected personal property tax is written off. Commissioner
Conway moved to approve said assignment of tax lien sale certificate and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Conway moved to reappoint Stacey Aurzada and Susan Brucker to the Child Protection Citizen Review
Panel, with terms to expire March 4, 2012. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER REAPPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner
Kirkmeyer moved to reappoint Kelly Raisley to the Island Grove Park Advisory Board, with a term to expire
March 1, 2012. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Long
moved to reappoint Pablo Sandoval, Cathy Sandoval, Laura Gavito, Joyce Johnson, and Alvina Derrera
to the Workforce Development Board, with terms to expire December 31, 2011. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES, LLC: Kim Ogle,
Department of Planning Services, stated staff received the request for the partial cancellation and release
of collateral from Breakneck Weld Properties, LLC, and replacement collateral, in the amount of
$54,836.70, has been received in the form of a Letter of Credit. Mr. Ogle stated staff has determined the
amount is sufficient. In response to Chair Garcia, Mr. Ogle stated this, and the following item, are two
different items. Commissioner Conway moved to approve said partial cancellation and release of collateral
for Planned Unit Development Final Plan, PF #1097. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES, LLC: Mr. Ogle stated
a replacement Letter of Credit has been submitted, in the amount of $11,605.80, for public road
improvements, and it will be held for the one-year warranty period. Commissioner Long moved to approve
said partial cancellation and release of collateral for Planned Unit Development Final Plan, PF #1097.
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.
Minutes, February 25, 2009 2009-0504
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:41 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL..v'U Y, CRADO
ATTEST:
Weld County Clerk to the Board
BY: i Z l ( Ct 1 (
Deputy Cler t. the Board
David E. Long
ra Kirkmeyerc7c,7_,\)
5
Minutes, February 25, 2009 2009-0504
Page 5 BC0016
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