HomeMy WebLinkAbout20073386 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 29, 2007
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, October 29, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
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 October 24, 2007, as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on October 24, 2007, as follows: 1) USR#1619 - Andrea, William, and Eduardo Neidig, c/o
Alberto Loya; and 2)Show Cause Hearing Concerning USR#1602- Brad and Scott Cockrofts Dairy, LLC.
Commissioner Masden 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 Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-3386
BC0016
//- 2 & 7
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $830,023.66
Electronic Transfers - All Funds $3,433,097.45
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START PROGRAM MEALS AND
AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Walt Speckman, Director of
Human Services, stated this is an annual agreement to provide meals for children in the Head Start
Program. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR THE BUILDING HEALTHY MARRIAGES
PROJECT AND AUTHORIZE CHAIR TO SIGN - SAVAGE HEALING THROUGH THE ARTS, C/O
VIRGINIA SAVAGE: Mr. Speckman stated the agreement is for Savage Healing Through the Arts to
provide care for children of adult couples who are participating in the Program. He stated the sessions will
be modified to be appropriate to the age of the children in attendance, and will include art activities,
educational assistance, and "kid's workshops". In response to Commissioner Garcia, Mr. Speckman
stated the County only pays when children are in attendance, and the parents will provide advance notice
if the children are coming. In response to Commissioner Long, Mr. Speckman stated he does not know
the average number of kids per session, since it varies so much. He stated there are rarely many children
fourteen years of age and older in attendance. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF JOHNSTOWN: Leon Sievers,
Department of Public Works, stated the Town of Johnstown is requesting a 20-foot wide permanent
easement through County property to perform construction and maintenance of the storm sewer.
Mr. Sievers stated the County will be reimbursed $1,720.00,which is approximately 50 percent of the land
value and is equal to the percentage the County pays for permanent easements. He stated the
Department supports the request. In response to Commissioner Jerke, Mr. Sievers stated the amount
of reimbursement increased since the prior discussion. Commissioner Masden moved to approve said
easements and authorize the Chair to sign. Commissioner Rademacher seconded the motion, which
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-WINDSOR LAND COMPANY, LLC:
Christopher Woodruff, Assessor, stated there are two petitions, one for 2005 and one for 2006. He stated
the parcel is tax exempt, since it has been dedicated to the Town of Windsor, and the property was
mistakenly taxed in both 2005 and 2006. He stated the 2005 abatement amount will be in the amount of
$1,690.28, and the 2006 abatement amount will be in the amount of $1,604.00. Commissioner Garcia
moved to approve said abatement, based on staff's recommendation. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TERENCE RITZMAN: Mr.Woodruff
stated a stipulated property value of$675,000.00 was determined by the Board of Assessment Appeals
Minutes, October 29, 2007 2007-3386
Page 2 BC0016
for this property for the 2005 and 2006 tax years. He stated the tax refund for 2006 will be $3,556.83.
Commissioner Masden moved to approve said refund, based on staff's recommendation. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RED PARTNERSHIP AND
COLORADO FLOORING INDUSTRIES, INC.: Mr. Woodruff stated this is the Carpet Exchange at the
Centerplace shopping center. He stated the property was valued for the first time in 2005 and the same
value was applied in 2006. He stated a cost approach was used to determine the land value, and the land
was valued at $700,000.00, and the building permit issued by the City of Greeley was for $600,000.00;
therefore, the overall cost of the property is valued at $1,365.187.00. He stated the Assessor's Office
valued the property at$1,200,000.00 and the data from the property owner's agent did not persuade staff
to alter the estimate;therefore,denial of the petition is recommended. There was no representative of Red
Partnership and Colorado Flooring Industries, Inc. present. Commissioner Masden moved to deny said
refund, based on staff's recommendation. Seconded by Commissioner Rademacher , the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BERNARD AND BRENDA
MCLAVEY: Mr. Woodruff stated this petition is for two properties which are used together and is for tax
years 2005 and 2006. He stated this is a mini-warehouse storage facility. Mr. Woodruff stated the
property sold in 2001 for $1,975,000.00, and the sales data provided by the property owner is from after
June 30, 2004, which the Department is not able to consider when evaluating the property for 2005 and
2006. He stated denial of the petition is recommended. There was no representative of the McLaveys
present. Commissioner Rademacher moved to deny said refund, based on staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CALABRESE INVESTMENTS, LLC:
Mr. Woodruff stated the petition is for tax years 2005 and 2006 for a warehouse office property, which is
located at the corner of State Highway 66 and Interstate 25. He stated the company submitted sales data
for staff to review; however, it was from after June 30, 2004; therefore, the Department may not consider
it in its determinations. He further stated denial of the petition is recommended. There was no
representative of Calabrese Investments, LLC present. Commissioner Garcia moved to deny said refund,
based on staff's recommendation. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CITI CAPITAL COMMERCIAL
LEASING CORPORATION, C/O CLETA RAGSDALE: Mr. Woodruff stated the petition is for tax years
2005 and 2006, for a piece of equipment being leased to the business in the City of Longmont by Citi
Capital Commercial Leasing Corporation, which was double assessed. He explained the ownership tax
was paid in lieu of the local property tax; therefore, approval of the abatement is recommended in the
amount of $1,759.36 for 2005. Commissioner Jerke moved to approve said refund, based on staff's
recommendation. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RELEASE OF FUNDS FROM ESCROW PURSUANT TO AGREEMENT FOR
IMPROVEMENTS TO CR 3: Rich Hastings, Department of Public Works, stated this is an Off-Site
Agreement with a ranch located on County Road 3 for the paving of a section of the road. Mr. Hastings
stated Frank Wright, owner, has agreed to pay 20 percent of the paving cost, and a balance of$36,000.00
remains to be paid by Mr. Wright. He stated a protocol needs to be established regarding these types of
situations with escrow. Bruce Barker, County Attorney, stated establishing a protocol may not be feasible,
since these situations need to be individually judged, as each one is unique. In response to Chair Long,
Mr. Barker stated he is suggesting these items be examined on a case by case basis. In response to
Commissioner Jerke, Mr. Barker stated the Board is determining the Resolution for this matter only today.
Minutes, October 29, 2007 2007-3386
Page 3 BC0016
Commissioner Jerke moved to approve said release of funds. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT (CDBG) CONTRACT FOR
NORTH RANGE BEHAVIORAL HEALTH FACILITY AND AUTHORIZE CHAIR SO SIGN: Monika Mika,
Director of Administrative Services, stated the contract is for the amount of$100,000.00. In response to
Commissioner Jerke, Ms. Mika stated the agreement is for interior finishes, including security and phone
systems, and for window treatments. Responding to Commissioner Jerke, Ms. Mika stated originally the
County applied for $477,000.00, and the Department of Local Affairs (DOLA) decided to award the
maximum amount for these types of items, which is the $100,000.00, after reviewing the application. In
response to Commissioner Jerke, Mr.Warden stated Community Development Block Grants(CDBG)used
to have a limit of one annual application period; however, now there is an open application process and
local governments compete for the available balance from the State. He explained a grant award to a
project does not preclude other projects, for example, the County also has the Platte Valley Medical
Center grant for almost$900,000.00, which is the next item on the agenda. Commissioner Rademacher
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR ACQUISITION OF PLATTE VALLEY MEDICAL
CENTER COMPLEX-CITY OF BRIGHTON: Ms. Mika stated the agreement is a component of the CDBG
requirements,and the grant is in the amount of$889,130.00. She stated the agreement allows the County
to proceed with the acquisition process. She explained the County will accept the money from the State
and forward the funds to the City of Brighton. In response to Commissioner Jerke, Ms. Mika stated the
City of Brighton is acquiring the hospital, not the County. Commissioner Garcia moved to approve said
agreement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER CORRECTED RESOLUTION DECLARING INTENT TO CREATE THE WELD COUNTY
PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY: Mr. Barker stated the Resolution is for the
purpose of correcting an error discovered in the legal description on the original Resolution. Commissioner
Masden moved to approve said Resolution. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER CANVASS BOARD CERTIFICATION OF NOVEMBER 7,2006,SPECIAL ELECTION-WELD
COUNTY PIONEER COMMUNITY LAW ENFORCEMENT AUTHORITY: Mr. Barker stated this
Certification was not submitted to the Board last year, after the vote, and this Resolution should have been
on the agenda at that time. He stated the absence of the Resolution has not affected anything adversely;
however, the Resolution needs to be completed for assessment purposes. Commissioner Garcia moved
to approve said Canvass Board Certification of Special Election. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN - COLORADO DIVISION OF CRIMINAL JUSTICE: Ken Poncelow,
Sheriff's Office, stated the application is requesting $15,327.00 from the federal government, and the
County cash match is $17,030.00. Mr. Poncelow stated the funds must be accepted by the County
government and will be distributed to the Probation Department for services for juvenile females and for
the North Range Behavioral Health Juvenile Assessment Center. Commissioner Masden moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
Minutes, October 29, 2007 2007-3386
Page 4 BC0016
CONSIDER APPLICATION FOR PROJECT LIFESAVER GRANT PROGRAM AND AUTHORIZE CHAIR
TO SIGN - COLORADO DIVISION OF CRIMINAL JUSTICE: Richard Toft, Sheriff's Office, stated this is
a pilot program to provide tracking devices for people with Alzheimer's disease. In response to
Commissioner Jerke, Mr. Toft stated the reason there is a connection between Alzheimer's patients and
the Division of Criminal Justice is that the Sheriffs Office is often notified for missing persons cases
involving Alzheimer's patients. He explained sufferers of Alzheimer's disease have died after wandering
away and not being located quickly enough,and these devices will help the Sheriff's Office to quickly locate
the missing individuals. Further responding to Commissioner Jerke, Mr. Toft stated the Project is a
humanitarian effort and a search and rescue situation. Commissioner Masden moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
PLANNING OLD BUSINESS:
CONSIDER REQUEST FOR TEMPORARY USE OF OIL AND GAS SUPPORT FACILITY (CLASS II
OILFIELD WASTE DISPOSAL FACILITY) APPROVED UNDER USE BY SPECIAL REVIEW PERMIT
#1604- MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST OIL COMPANY(CON'T
FROM 10/22/07): Kim Ogle, Department of Planning Services, stated on August 31, 2005, the Board
approved Use By Special Review (USR) #729 for a Class II Oilfield Waste Disposal Facility, located on
County Roads 28 and 39. Mr. Ogle stated due to the increased volume of oil and gas traffic, the applicant
is requesting the temporary use of an alternative facility, until the facility approved in USR #1604 is
operational, and use of the alternative facility, if approved by the Board, will begin immediately and
continue through December 31, 2007. He stated an e-mail was received by Dale Butcher, Conquest Oil
Company representative, which outlines the types of uses to be allowed at the alternative facility and the
conditions which must be met for the duration of the facility's use. Mr. Ogle stated staff contacted the Oil
and Gas Commission and there were no concerns as long as the existing berm remains in place, since
there is the need to contain materials if there should be a leak on the site. He stated the Department is
in support of the request. Trevor Jiricek, Department of Public Health and Environment, stated the facility
approved under USR #1604 is going to soon have the concrete receiving pad constructed, which will
resolve offloading problems. Mr. Jiricek testified these operators are outstanding and that the County has
had no issues with them over the years. In response to Commissioner Garcia, Mr. Jiricek stated the
temporary facility will be on the same property as the approved facility. Bruce White, representative of
Marcum Midstream, stated the company is experiencing an overproduction of water and it is unable to
handle the number of trucks returning to the facilities. Mr. White explained currently the trucks are having
to return to the facilities and to hold the water over night. He stated the well is ready to inject; however,
since the facility is under construction employees are unable to utilize the well. Tim Goddard,
representative of Marcum Midstream, stated they have found a completely contained system that will meet
their needs and it has a liner which will protect all of the offloading areas. He stated the system will be able
to hold approximately 20 loads, or 2,500 barrels, per day. He further stated the facility construction is
going well, and he is hoping it will be completed by the middle of December. In response to Commissioner
Masden, Mr. Goddard stated the situation is impacting producers somewhat; however,the main problems
are the expense and inconvenience of moving the water around. In response to Commissioner Masden,
Mr. White stated the company is injecting approximately 25,000 barrels a day, among all of the companies
facilities, and would like to inject as many as 30,000. Commissioner Garcia moved to approve said
request. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER REVIEW OF CONDITION OFAPPROVAL#4.F FOR AMENDED USE BY SPECIAL REVIEW
PERMIT #729 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST , DBA CONQUEST DISPOSAL
SERVICE(CON'T FROM 10/22/07): Mr.Ogle stated the Board approved Amended Use by Special Review
Permit (USR) #729, for an Oil and Gas Support Facility on August 31, 2005. He stated the applicant is
requesting the postponement of Condition of Approval #4.F, until such time that Conquest Oil Company
completes placing the approved additional tanks. He stated Condition of Approval #4.F reads: "A
Minutes, October 29, 2007 2007-3386
Page 5 BC0016
secondary containment structure (floors and walls) surrounding each tank or battery of tanks shall be
constructed. The volume retained by the structure shall be 150% greater than the volume of the largest
tank inside the structure. A registered professional engineer shall design the structure. The structure shall
prevent any release from the tank system from reaching land or waters outside of the containment area.
The operator shall provide evidence from the engineer to the Weld County Departments of Public Health
and Environment and Planning Services that the structure has been constructed to meet this criterion".
Mr. Ogle stated the letter from Conquest Oil Company suggests that the requirement for the concrete floor
is unwarranted as the maximum amount of fluid stored at the facility has increased only eight percent,
since the USR amendment was approved and the amount of oil storage has remained constant. He stated
it was brought to the attention of staff that a storage facility was built without appropriately obtaining a
building permit; however, the issue has since been resolved and the violation matter has been closed.
Mr. Ogle stated there is a partial concrete wall around a portion of the property, which on the north side
ends and becomes an earthen berm around the remainder of the property. Trevor Jiricek, Department of
Public Health and Environment, stated Conquest Oil Company has established the standards for
construction of these type of facilities. He stated regarding this facility, he believes the company thought
it was able to house more water than they are able to and is costing them a significant amount of money.
Mr. White stated after the USR was approved, the situation was reevaluated, and it was determined there
is a need to conduct expansion at the facility. He stated the company is requesting an extension to
complete the concrete berm and is requesting the requirement to install a concrete floor be waived. He
further stated to install a concrete floor at this time, the company would need to remove the remaining
tanks by crane and the company would be out of operation for two to three weeks. Mr. White stated the
concrete berm will contain any spillage as required. He stated there was an internal communication
problem when the tank was installed, and the company self-reported installing the tank without a building
permit. He further stated the company would like to postpone the concrete floor until a later date when
expansion of the facility occurs,and it is not in any upcoming plans to do so. In response to Commissioner
Rademacher, Mr. Goddard stated the concrete floor was not originally a requirement for the company;
however, they chose to install them to keep the facilities cleaner and the company prefers to have the
concrete floors installed when it is reasonable. He stated it would cost the company$150,000.00, plus the
expense of being out of service for a couple of weeks, to install a concrete floor at this time. He further
stated there are over 13,000 wells in Weld County without concrete floors. Mr. Goddard stated the
company is able to contain ground water contamination spillage without the concrete floor at all of the
facilities, and there are ground water monitoring wells at all of the facilities. In response to Commissioner
Jerke, Mr. Goddard stated this well is located at the airport, and was originally drilled by Amaco. He stated
the reasons for wanting the concrete floor are it is aesthetically more pleasing and offers some additional
ground water protections. Mr. Jiricek stated the property is located near the intersection of County Roads
47 and 64. He stated the Oil and Gas Commission does not require concrete containment structures, it
is only a local requirement. In response to Commissioner Jerke, Mr. White stated the injection well is
specifically for brine water. Commissioner Jerke moved to approve the Resolution. Seconded by
Commissioner Masden, 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, October 29, 2007 2007-3386
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: /n/�� ��� �� �� L.
���"vim ,i� ji �J ! David E. Long, Chair
Weld County Clerk to the Board 1 a to . 0,, `elli _
!•ua` illiam H. Jerke, ProzTem
BY: M2cT �1t te ,, / ` J 11�
Deputy Cl to the Board 4 1 l �_ (
aill L_ William F. Garcia
Robert D. Masden
cecker
Douglas R demacher
Minutes, October 29, 2007 2007-3386
Page 7 BC0016
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