HomeMy WebLinkAbout20091414.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 17, 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, June 17, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 15, 2009, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: In response to Bruce Barker, County Attorney, Commissioner Rademacher
moved to add the following under Old Business: 1) Consider Lifting Suspension of 2nd/3rd Amended Use
by Special Review Permit #842 - Tire Recycling, Inc. [2009-1415]. Commissioner Conway seconded the
motion, which carried unanimously.
PUBLIC INPUT: Clayton Holmes, LaSalle resident, stated he has a problem on his property with the water
draining from the County roads and he has taken the issue up with the Department of Public Works;
however, the problem has not been resolved. Mr. Holmes submitted photographs of the drainage area
into the record, marked Exhibit A. In response to Commissioner Rademacher, Mr. Holmes stated the
drainage problem is occurring on County Road 50, between County Roads 47 and 49. In response to
Chair Garcia, Mr. Holmes stated the drainage is creating flooding, and rain water travels down the road
and across the bridge, and then onto his property. Mr. Holmes stated the bridge effectively directed the
drainage water when it was initially built and the water ran into the Gilmore ditch from the bridge; however,
the bridge has deteriorated and created the drainage problem. In response to Commissioner Conway,
Mr. Holmes stated the bridge has deteriorated to the point that serious repairs will be necessary to cause
the water to drain correctly. In response to Commissioner Kirkmeyer, Mr. Holmes provided his address
and phone number. Commissioner Kirkmeyer stated she will send a message immediately to the
Department of Public Works to request the area be examined. Mr. Holmes stated staff from the
Department of Public Works has examined the area, even after heavy rain; however, the drainage was not
deemed to be a problem. Commissioner Kirkmeyer stated she will follow up on the matter. Mr. Holmes
2009-1414
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stated he has contacted the County Council and several other individuals who have not followed up with
him regarding the matter; therefore, he will be appreciative if the Board follows up with him. He stated last
year an engineer for the Department of Public Works suggested Mr. Holmes direct the water drainage onto
a neighbor's property; however, he did not think the neighbor would appreciate that; therefore, he did not
follow the suggestion. Commissioner Rademacher stated Commissioner Long is excused today; however,
he is the Commissioner Coordinator for the Department of Public Works and Chair Garcia is the Assistant
Commissioner Coordinator for the Department of Public Works. Chair Garcia stated one of the
Commissioners will follow up on the matter with Mr. Holmes.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated last week he and
Commissioner Kirkmeyer attended the biannual CCI conference in the Town of Vail and they met with the
Governor's Cabinet regarding the American Recovery Act and the challenges the State is facing. He
stated Commissioner Kirkmeyer began the process of forming a new informal caucus with other
like-minded County Commissioners.
Commissioner Kirkmeyer stated she and Commissioner Conway attended a community meeting in
Prospect Valley regarding land use and planning issues, and community policing and response times were
also discussed.
Chair Garcia stated he attended the Courthouse Security Conference on Wednesday, Thursday, and
Friday in the Town of Montrose, and the best thing about it was all of the security team was present to work
together to visualize the requirements for a safer courthouse and improving the training.
Commissioner Conway stated Don Warden, Director of Finance and Administration, was honored for 25
years of service on the Colorado Technical Services, Inc., Board, and he thanked Mr. Warden for his
service. Mr. Warden stated Monica Mika, Director of Administrative Services, will replace him on this
Board.
BIDS:
PRESENT AND APPROVE FIRE SPRINKLER SYSTEM BID FOR WELD COUNTY COURTS BUILDING -
DEPARTMENT OF FINANCE: Ms. Mika stated the bid needs to be considered for emergency approval
because, as the remodeling at the courthouse progressed, it became apparent the fire sprinkler system
in the basement needs to be upgraded. She stated two vendors submitted bids and she recommended
acceptance of the low bid. Mr. Warden stated the upgrades need to be completed as the result of a code
change. Commissioner Rademacher moved to approve the emergency bid, in the amount of $24,679.00,
based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
OLD BUSINESS:
CONSIDER LIFTING SUSPENSION OF 2ND/3RD AMENDED USE BY SPECIAL REVIEW PERMIT#842
- TIRE RECYCLING, INC.: Jacqueline Hatch, Department of Planning Services, stated she drove through
the facility yesterday and noted two items of noncompliance. She stated there is a new pile of surface
tires, and the facility staff indicated the tires were brought in during the suspension period but were never
put into a pit. She also stated that due to recent weather conditions the weeds have spread throughout
the facility; however, the operator determined that weed maintenance was part of operating the facility and
did not want to act contrary to the Commissioners suspension. Ms. Hatch stated she did speak with the
facility trustee, Steve Peters, who indicated he would direct staff to move the tires into the pits and begin
addressing the weed problem. She recommended that staff be authorized to lift the suspension once
Minutes, June 17, 2009 2009-1414
Page 2 BC0016
Mr. Peters completes the necessary work as deemed acceptable by staff. In response to Chair Garcia,
Ms. Hatch stated the weeds are not hindering traffic flow, rather, they create a significant fire hazard during
dry weather conditions. Responding to Commissioner Conway, Ms. Hatch stated staff has clarified with
the trustee that, although business operations are suspended, the facility does need to be maintained. She
further stated ideally the issues should be resolved within the next few days; however, she intends to leave
the suspension in place until the site is in compliance with the Board's order. Mr. Swain stated he concurs
with Ms. Hatch's presentation. Mr. Peters stated Mr. Immel made the unfortunate assumption that any
work toward compliance may be misconstrued as activity during the suspension, thus creating additional
compliance issues. He stated he intends to complete the relocation of the tires today, grade the surface
to incorporate the weeds into the soil, and proceed with maintenance of the facility from this point forward.
Responding to Commissioner Rademacher, Mr. Peters confirmed the weeds will be incorporated into the
soil, and mowing will still result in a potential fire hazzard. Responding to Commissioner Kirkmeyer,
Mr. Peters stated he is optimistic that the work will be completed by the end of the week and then he will
follow up with staff to reinspect the site. He requested staff be given the authority to lift the suspension
once the site is deemed acceptable. In response to the Board, Mr. Barker stated staff may be directed to
inspect the site and lift the suspension; however, the overall issue will still need to be reviewed at the Show
Cause hearing scheduled for July 29, 2009. Commissioner Kirkmeyer stated the motion that was made
on June 15, 2009, was to lift the suspension once the site is found to be in compliance, therefore, she feels
that motion was sufficient and still in effect, and the remainder of the Board concurred. In response to
Commissioners Rademacher and Conway, Ms. Hatch stated these are the only two issues she found.
Mr. Swain indicated that in the past the operator would scrape the fire lanes so the soil is barren, and
mowing did not occur. He expressed some concern with incorporating the weeds into the soil because
some may not get buried. He clarified the fire lanes completely surround the pits, therefore, if they are
scraped bare, that should be adequate. Chair Garcia directed Mr. Peters to work closely with staff to bring
the site into compliance in order to lift the suspension in accordance with the previous action of the Board
on Monday, June 15, 2009. The Board determined that no additional motion was necessary.
NEW BUSINESS:
CONSIDER EIGHTEEN CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated he is presenting these agreements
on behalf of Judy Griego, Director, Department of Social Services, and the agreements were discussed
at a work session conducted on April 27, 2009. He stated the terms of the agreements commence
June 1, 2009, through May 31, 2010. He stated Collaborative Services for Change, PC, will provide Mental
Health and Sex Abuse Treatment; El Pueblo will provide Day Treatment Services, Jonathan Garson,
LCSW, will provide Mental Health Services; Griffith Centers for Children - Chins Up will provide
Home -Based Intensive Services, Lifeskills, Mental Health Services and Sex Abuse Treatment; Milestones
Counseling Services, LLC, will provide Foster Parent Consultation and Home Study Services; Savio House
will provide Home -Based Services; Turning Point Center for Youth and Family Development, Inc., will
provide Day Treatment, Group Home Therapy, Home -Based Services, and Mental Health Services; and
Victor Cordero, Psy.D., P.C., will provide Mental Health Services and Sex Abuse Treatment. Mr. Warden
stated all of the agreements are paid for with Child Welfare funding. Commissioner Conway moved to
approve said agreements and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER PROJECT PLANS FOR COMMUNITY SERVICES BLOCK GRANT (CSBG) AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated as a result of the American Recovery and
Reinvestment Act, additional funds have been awarded to the County for the Community Services Block
Grant, in the amount of $484,621.00. He stated the Board has discussed the grant at work sessions
conducted on May 11, 2009 and June 8, 2009. He further stated the Department of Local Affairs (DOLA)
approved the plan via email yesterday, and the money is to be used for the New Child Care Group Leader
Qualifications, Public Assistant Eligibility Technician Project, Emergency Services Directly Related to
Minutes, June 17, 2009 2009-1414
Page 3 BC0016
Maintaining or Obtaining Employment, Summer Youth Program, Enhanced Employment Opportunities,
and the Child Welfare Community Liaison. Commissioner Rademacher moved to approve said project
plans and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR JOINT FUNDING PROVIDED FROM THE
BUREAU OF JUSTICE ASSISTANCE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY:
Mr. Barker stated earlier this year the Board approved a similar agreement regarding funding with the City
of Greeley, and this agreement was received from the City on Friday. He stated the funding will be
awarded to the City of Greeley and then, through the agreement, a portion of the money will be allocated
to the County, as occurred in accordance with the previous similar agreement. Mr. Warden stated
$105,639.00 will be awarded to the City of Greeley and Weld County from the Edward Byrne Memorial
Justice Assistance Grant, and the funds will be jointly allocated to the City and the County. He stated
$79,435.00 of the grant award will be retained by the City of Greeley and Weld County will remit
$26,204.00. He further stated Kim Fliethman, Sheriff's Office, indicated the County funds will be used to
purchase equipment for the Special Weapons and Tactics (SWAT) Team. Commissioner Conway moved
to approve said Memorandum of Understanding and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (U.S.A.)
PIPELINE COMPANY: Leon Sievers, Department of Public Works, stated the easement and receipt were
reviewed by the Board in the form of "pass -around" documents approximately two weeks ago. Mr. Sievers
stated Suncor Energy (U.S.A.) Pipeline Company is requesting a temporary construction easement for
0.63 acres of County property, which is located southeast of the vacated Town of Volmer and adjacent to
the Koenig Pitt; however, it is not part of the gravel mining operations. He stated the easement is
necessary for the construction of a 16 -inch crude oil pipeline on the property located adjacent to the south.
He further stated the initial request was made by Suncor Energy (U.S.A.) Pipeline Company approximately
four months ago for a permanent construction easement and to place the pipeline on County property;
however, as a result of a work session, the pipeline will not be placed on the County property and a
temporary construction easement is being requested. Mr. Sievers stated Suncor Energy (U.S.A.) Pipeline
Company is offering $513.00 for the temporary construction easement, which is the full value for the land
and is consistent with other land values in the area, and it will restore the land to the original condition and
plant seeds after the work has been completed. Commissioner Kirkmeyer stated the temporary
construction easement states "one or more pipelines" and she does not want to misconstrue to Suncor
Energy (U.S.A.) Pipeline Company that the same temporary construction easement may be used for
additional pipelines or future projects. She stated she is also concerned about the Damages Limitation
in the construction easement, which states the company will not be liable for consequential, incidental,
punitive, exemplary, or indirect damages. Mr. Barker stated the Damages Limitation is not typically an
issue. Commissioner Kirkmeyer inquired as to if Mr. Barker reviewed the Attorneys Fees portion of the
easement agreement. Mr. Barker stated he cannot recall whether he reviewed it. Mr. Sievers stated
Stephanie Arries, Assistant County Attorney, reviewed the documents; however, Mr. Barker may not have
reviewed them. Mr. Barker recommended continuing the matter to allow Ms. Arries time to research the
concerns Commissioner Kirkmeyer mentioned. Commissioner Kirkmeyer stated the reason she inquired
regarding the Attorneys Fees section of the document is because she remembers Ms. Arries making
changes to the section to ensure it is consistent with State laws. Mr. Barker reiterated his recommendation
to continue to matter. Commissioner Kirkmeyer moved to continue said matter to June 22, 2009, at
9:00 a.m. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER COUNTERPROPOSAL FOR THE PURCHASE OF STANLEY PROPERTY AND AUTHORIZE
CHAIR TO SIGN NECESSARY DOCUMENTS - ROBERT STANLEY COMPANY: Mr. Warden stated the
Minutes, June 17, 2009 2009-1414
Page 4 BC0016
County has budgeted $500,000.00 for a storage facility and staff previously considered building a facility
which is between 7,000 and 8,000 square feet in size for approximately $500,000.00; however, an
opportunity has presented itself for the County to obtain an existing storage facility located at 300 8th
Avenue, Greeley, Colorado 80631, which is 11,544 square feet in size, for $325,000.00. He stated there
are presently some items stored in the facility for the Department of Human Services, which the owner has
permitted at no cost. He further stated the property was previously listed at $350,000.00 and the Assessor
reviewed comparable sales, upon his request, and reported a range from $334,000.00 to $369,500.00.
Mr. Warden stated the County made an offer in the amount of $300,000.00, with the Board's approval, and
the counterproposal was submitted in the amount of $325,000.00, which is approximately $28.00 per
square foot, and it will cost the County approximately $60.00 per square foot to build a comparable facility;
therefore, he recommends acceptance of the counterproposal. Commissioner Rademacher moved to
approve said counterproposal and authorize the Chair to sign any necessary documents. Commissioner
Kirkmeyer seconded the motion. In response to Commissioner Conway, Mr. Warden reiterated the facility
was included in the budget and the County will save approximately $175,000.00 by purchasing the facility,
as opposed to building a new facility. There being no further discussion, the motion carried unanimously.
CONSIDER SUPPORT FOR CREATION OF U.S. HIGHWAY 85 COALITION: Chair Garcia stated the
Board has been interested in this matter, and Commissioner Kirkmeyer and Commissioner Conway
recently attended a meeting with the Coalition. In response to Chair Garcia, Commissioner Kirkmeyer
stated she and Commissioner Conway attended and assisted setting up the initial meeting for the U.S.
Highway 85 Coalition and the Resolution will formalize the Coalition. She stated each member of the
Coalition, including all of the municipalities along the corridor from Garden City to Fort Lupton, is being
asked to pass a Resolution to commit staff to the Coalition and its meetings and to consider matching grant
funds. Commissioner Conway stated the Coalition is a positive step forward and the Coalition will be
appreciated by the related communities. Commissioner Kirkmeyer stated the Resolution commits two
Board members to attend the meetings; however, she is hopeful more than two members of each Board
and Council will attend. Commissioner Conway stated the Board felt the timing was right for the Coalition
with the current Federal reauthorization that is occurring and the positive meeting with Congresswoman
Markey. He stated he would also like to follow up with Senators Udall and Bennet and strive to bring more
attention to the corridor. Chair Garcia stated U.S. Highway 85 is the spine of Weld County and the creation
of the Coalition is exciting. Commissioner Kirkmeyer moved to approve said Resolution. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER LETTER AGREEMENT FOR LEASE OF TWO SHARES OF LUPTON BOTTOMS DITCH
COMPANY AND AUTHORIZE CHAIR TO SIGN - JOE MILLER: Clay Kimmi, Department of Public Works,
stated the lease is for two shares of Lupton Bottoms ditch water which are owned by the County and are
not included in the augmentation plans; therefore, staff would like to lease the shares. Mr. Kimmi stated
Joe Miller has agreed to pay $2,500.00 for the use of the two shares. He stated the County's Water Rights
Engineer contacted several farmers in the area and Mr. Miller was the only one who expressed an interest
in leasing the water. Commissioner Conway inquired if when the one-year lease term expires, other
farmers will be given the opportunity to lease the water. Mr. Kimmi stated these water shares have gone
without being leased for the last three to four years and the last person who leased the shares was
Secretary to the Board for the Lupton Bottoms Ditch Company. Responding to Commissioner Conway,
Commissioner Rademacher stated the opportunity to lease the water shares is available to everyone. In
response to Commissioner Rademacher, Mr. Kimmi stated the consumptive use is approximately 110 acre
feet per share. Commissioner Rademacher moved to approve said letter agreement and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, June 17, 2009 2009-1414
Page 5 BC0016
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT, PF #1085 - LOVELAND PEAKS, LLC:
Michelle Martin, Department of Planning Services, stated this and the following item of business are
related, and staff has received two letters of credit for off -site and on -site improvements for Planned Unit
Development, PF #1085. Ms. Martin stated the development contains nine lots for (E) Estate uses and
one common open space outlot, and the subdivision is named Twin View Estates. She stated the collateral
for the on -site improvements agreement is in the amount of $448,477.00 and the collateral for the off -site
improvements agreement is in the amount of $21,651.00, and the Departments of Planning Services and
Public Works have determined the collateral amounts to be sufficient.
Rich Hastings, Department of Public Works, stated the property is located south of State Highway 60 and
on the east side of County Road 3, and the southern boundary would be County Road 48; however, County
Road 48 terminates at County Road 3 until County Road 7. Mr. Hastings stated there is 60 feet of
right-of-way; however, there is a large transmission line on the western border; therefore, an additional 20
feet of right-of-way was acquired on the eastern side. Commissioner Rademacher moved to approve said
agreement, authorize the Chair to sign, and accept collateral for Planned Unit Development, PF #1085.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR IMPROVEMENTS FOR COUNTY ROAD 3, AUTHORIZE CHAIR TO
SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT, PF #1085 - LOVELAND
PEAKS, LLC: Mr. Hastings stated the agreement and collateral is for road stabilization on the part of
County Road 3 which is adjacent to the property, the average daily traffic count for County Road 3 is 190
vehicles, according to a traffic count taken in November, 2008, and with the additional trips anticipated due
to the addition of the subdivision, the traffic count will be over 250 vehicles per day; therefore, within the
next two to three years, stabilization of this portion of roadway will likely be necessary. In response to
Chair Garcia, Mr. Hastings reiterated the collateral is in the amount of $21,651.00 for the off -site
improvements, and the amount was determined by calculating the development's proportional share of the
road usage, which is anticipated to be 32.2 percent of the traffic on County Road 3 and to yield
approximately 86 vehicle trips per day. Commissioner Conway moved to approve said agreement,
authorize the Chair to sign, and accept collateral for Planned Unit Development, PF #1085. Commissioner
Kirkmeyer seconded the motion, which carried uanimously.
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, June 17, 2009 2009-1414
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:51 a.m
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk to the
TY COMMISSIONERS
UN�Y, OLORADO
William F. Garcia, Chair
C
o gemacher, P o Tern
C -
arbara Kirkmeye
EXCUSED
David E. Long
Minutes, June 17, 2009 2009-1414
Page 7 BC0016
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