HomeMy WebLinkAbout20040407 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 4, 2004
TAPE #2004-06
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 4, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of February 2, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Masden removed#2,Personal Services Contract for WAIT Training-
Abstinence and Relationship Training Center, Inc., from the Consent Agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as amended.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Long stated he attended the Pawnee
Grazing Association annual banquet held on February 3, 2004. He stated the Forest Service was in
attendance to discuss Federal lands, and announced they will be spraying for noxious weeds on Federal
property for the first time. Commissioner Long stated the report has been submitted and no appeals have
been received. Area residents are hopeful the Crow Valley Camp Ground will be included in the area to be
sprayed, and area ranchers are very glad to hear the spraying announcement.
2004-0407
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $303,405.36
Electronic Transfers - All Funds $57,305.47
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT BUTUMINOUS HOT/COLD MIX AND ASPHALT BID-DEPARTMENT OF PUBLIC WORKS:
Pat Persichino,Director of General Services,read the names of three vendors who submitted bids into the
record. Said bid will be considered for approval on February 18, 2004.
RECONSIDER 1/2 TON 4 x 4 PICKUP WITH CREW CAB BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino stated this bid was presented and approved last week; however, upon receiving the
Purchase Order, Stevinson Chevrolet notified him of a $6,000 error on the bid. Without a bid bond, the
County has no option but to allow them to withdraw the bid. Mr. Persichino stated the next low bid is from
Valley Ford;however, it does not meet the engine specifications,therefore,he requested the Board reject
the low bid. Commissioner Vaad moved to reject the low bid. The motion, which was seconded by
Commissioner Long,carried unanimously. Mr.Persichino requested approval of the third lowest bid from
Garnsey and Wheeler, in the amount of $24,423, which includes a fiberglass camper shell and tow
package. Commissioner Vaad moved to approve staff's recommendation. The motion, which was
seconded by Commissioner Geile, carried unanimously.
APPROVE STEP VAN (REBID) - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated staff
recommends approval of the low bid from Burt Chevrolet, in the amount of$29,644.29. Commissioner
Vaad moved to approve said bid. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
OLD BUSINESS:
CONSIDER EARLY ACTION COMPACT FOR OZONE (EAC) AND AUTHORIZE CHAIR TO SIGN
AMENDMENT TO INCLUDE WELD COUNTY IN THE EAC (CON'T FROM 01/28/04): Bruce Barker,
County Attorney,stated that,following a work session on February 3,2004,upon direction from the Board,
he drafted the resolution under consideration. He stated there have been some amendments suggested
to that draft,which would change the third line of Paragraph B to read"from counties other than Weld";add
to the end of Paragraph D"and reducing royalty payments to private oil and gas royalty owners";and adding
Paragraph#4 to state"That the State of Colorado,through its budgetary process,provide"backfill"monies
to those special districts within the County which may be adversely affected by the loss of tax revenues
from oil and gas production due to the requirement of the installation of mechanisms to reduce or eliminate
the production of VOC's". Commissioner Jerke stated he requested the last change so that, particularly
in regards to school financing,if the State does backfill the loss of revenues,it would become part of school
funding equalization. He stated we should also include Weld County, as well as the special districts,
because the loss of revenue could be several million dollars. Commissioner Long requested language be
added to ensure that,although Wyoming already has mechanisms installed to ensure its compliance,we
include monitoring and modeling to assure that VOC's are not coming from Wyoming into our region. Mr.
Barker suggested adding to the end of Paragraph#1 on the second page "and including monitoring and
modeling to assure that VOC's are not coming into the front range area from Wyoming." Commissioner
Vaad stated the placement of Paragraph#4 is problematic to him,and he would rather see it as Paragraph
E on the first page. He stated placing it as Paragraph #4 makes the contract contingent on the State
Minutes, February 4, 2004 2004-0407
Page 2 BC0016
backfilling the revenues,whereas,the State may not promise to do so. Commissioner Vaad stated it should
clarify that it is the County's understanding that any loss of property tax revenue will be backfilled;however,
the compact would not be contingent upon it. Commissioner Jerke stated it is up to the attorneys to
determine how binding it would be on the State for us to put it as a Condition of Approval; however,he sees
this more as a request for them to do certain things. He stated he sees nothing wrong with asking as a
Condition of the Resolution,for the State to hold Weld County harmless from the possible loss of revenue,
and stated this exemplifies how difficult the pill is to swallow in the first place. He wants to be sure the State
understands that governmental entities in Weld County are going to lose millions of dollars. Mr. Barker
stated the Chair's signature on the Amendment is reflective of the Board of County Commissioners decision
to participate in the EAC; however, placing Conditions of Approval on the Resolution is to clarify what the
Board is hoping to happen for the State. Responding further to Commissioner Vaad, Mr. Barker stated the
word"understanding"could replace"condition,"reflecting the Board's determination that there are problems
associated with being part of the EAC and the items listed are what Weld County is hoping will happen,
including the monitoring Doug Benevento, Executive Director of the Colorado Department of Public Health
and Environment,discussed in the work session. During further discussion with Commissioner Vaad and
Chair Masden, Mr. Barker clarified that the signature is still valid on the contract, even if one of the four
Conditions are not met. It was the consensus of the Board to replace the word "condition" with
"understanding." Commissioner Jerke agreed, however, he stated he would prefer to say, "is expressly
contingent upon the following". Commissioner Jerke stated he understands the argument, however,with
a unilateral request like this the Board is saying that,although the signatures are binding,this is specifically
what we want the Legislature to do. He stated the sponsor of the bill has stated publicly he will not do
anything to harm Weld County, and this is the Board's way to indicate its concerns. No public testimony
was given. Chair Masden requested clarification regarding health issues. He stated he has seen nothing
to indicate this would in anyway be relative to the health,safety and welfare of the citizens of Weld County,
the Board would be the first to sign; however, he has not seen anything indicating the changes and
modifications being planned will make much difference in the overall levels. Mike Silverstein, Colorado
Department of Public Health and Environment,Air Pollution Control Division,stated that,with all the planned
reductions in place,modeling shows we will only be getting approximatelya three part per billion reduction
along the entire area of the Compact. He stated that modification to equipment on oil and gas wells is
included as a control measure,and everyone will have to do a lot to achieve a little benefit. Mr. Silverstein
stated the standard is extremely stringent, and at least half of the pollutant is natural,with no control over
emissions. He stated a number of controls have been implemented in the metro area, although the new
standard requires even more control. Mr.Silverstein stated much of the country will not be able to achieve
compliance and, even with controls installed on all the oil and gas equipment, there will only be
approximately one part per billion reduction for the entire area. Responding to Commissioner Geile, Mr.
Silverstein stated the retrofitting of oil ad gas will happen in any case, since it is part of the Compact
measures. If not accomplished through the Compact, Weld County would be found to be in a
nonattainment area and would have to do it,as well as other stringent controls. He stated the EAC has the
least impact for Weld County with the most cost effective approach. Commissioner Geile stated the EAC
also gives us until December 31,2007 to find solutions,instead of having to do so sooner. Mr. Silverstein
clarified that the time line under the EAC is that the various sources have controls in place by the end of
2005, in order to reach compliance by the end of 2007; therefore, the area will achieve cleaner air faster.
Trevor Jiricek,Department of Public Health and Environment,stated the plan regarding controls is based
on the most recent modeling,and Weld County will also see a benefit,with a reduction locally. Responding
to Commissioner Geile regarding substantiating data for modeling, Mr.Silverstein stated that his department
will complete initial modeling next week; however,further modeling will be completed throughout several
years to improve the data and refine the program to ensure the most cost effective method is used in the
plan. In fact, he stated, the Department is required to back off if controls go too far. In response to
CommissionerJerke,Mr.Silverstein stated one-half of the emissions from volatile organic compounds are
natural emissions from vegetation,such as pine trees; however,they have to be documented in the plan.
Afterfurtherdiscussion,CommissionerJerke expressed concern that agriculture might be threatened with
Minutes, February 4, 2004 2004-0407
Page 3 BC0016
controls at some future date;however, Mr. Silverstein stated the Department is expressly prohibited from
controlling or regulating agriculture. Commissioner Geile stated that he believes the EAC does keep Weld
County from being in noncompliance, by putting us in a position of critical mass;the Board has suggested
methodology to overcome the economic impact; there is more credibility or participation in the modeling
when we are a party of the EAC, reviewing the technologies used; and it will give us until December 31,
2007 to comply with the standard. He, therefore, moved to approve said resolution, with revisions as
discussed,and authorize the Chair to sign. The motion was seconded by Commissioner Vaad,who stated
he agrees and feels relatively comfortable there are no traps which remain unseen. He stated he would
define it as a critical mess instead of a critical mass, and stated increasing the EAC area dilutes the
pollution and the number of responsible parties. Commissioner Jerke requested a roll call vote be taken.
Chair Masden stated he concurs with all the comments,and expressed his appreciation for the time given
to this matter by the State Health Department. Commissioner Long stated he will support the resolution,
although he is hesitant,since he finds the EPA and Federal government are being heavy handed. However,
he stated, if the County were placed in a nonattainment position, it would be labeled by industry as a
negative place when considering possible development. Commissioner Jerke stated he concurs with all
the comments,and commended Mr. Barker on writing the Resolution,allowing for the County's position to
be expressed in a manner that will allow approach to the State through the Legislative process. He stated
he will be the one protest vote. Responding to Commissioner Geile, Mr.Warden stated there is still some
confusion about whether the retrofitting will be allowed as an operating expense. On a call forthe vote,the
motion carried four to one, with Commissioner Jerke against.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DONALD SHERWOOD, CIO
CHARLES SAXTON AND KEN BACHMAN: Mike Sampson, Assessor's Office, stated staff agrees the
Assessed Value amount to be$9,700 and recommends approval of the abatement. The petitioner was not
present or represented. Commissioner Geile moved to approve the abatement. The motion,which was
seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-MILAN TIMM,TIMM PROPERTIES
V LLC, AND TIMM PROPERTIES IV LTD: Mr. Sampson stated this is an apartment complex,with three
separate parcels in Evans,and staff has re-evaluated the property and provided written documentation for
the value. Mr.Sampson stated the abatement was received after the legal deadline forfiling 2001 petitions,
therefore,he recommends denial of the 2001 request. For 2002,Mr.Sampson requested the actual value
of$8,778,987 be affirmed, allowing a refund of $22,415.53. Mr. Sampson reviewed the data used to
determine the value, and responded to Commissioner Geile that this is one of the nicer complexes in the
area and, therefore, is assessed at the upper end of the scale. The petitioner was not present or
represented. Commissioner Geile moved to approve the petitions as recommended by Mr.Sampson. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER APPLICATION FOR PLATICAS PROJECT FOR BREAST CANCER GRANT AND
AUTHORIZE CHAIR TO SIGN-AMERICAN CANCER SOCIETY, ROCKY MOUNTAIN DIVISION, INC.:
Gaye Morrison and Linda Henry,Department of Public Health and Environment,presented this application.
Ms. Morrison stated the term of the grant is April 1,2004,through March 31,2005,and the amount of$5,000
will support the platicas project for breast cancer. In response to Commissioner Jerke, Ms. Morrison
explained this is a small group education program conducted in homes,which has proven to be the most
effective type of education. Responding to Chair Masden, Ms. Morrison stated this grant will allow 12
additional groups. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, February 4, 2004 2004-0407
Page 4 BC0016
CONSIDER MEMORANDUM OF UNDERSTANDING AND JOINT APPLICATION WITH ABSTINENCE AND
RELATIONSHIP TRAINING CENTER, INC., FOR COMMUNITY BASED ABSTINENCE EDUCATION
GRANT AND AUTHORIZE CHAIR TO SIGN:Ms. Morrison stated the term of this agreement is July 1,2004,
through June 30, 2005, and the amount is$92,500. She stated this is the first year of a three-year grant,
and it will provide staff time for existing staff and additional WAIT Training. CommissionerJerke moved to
approve said memorandum and application and authorize the Chair to sign. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF RIGHT-
OF-WAY ON WCR 17 AND AUTHORIZE CHAIR TO SIGN - DAVID AND GERTRUD NEW BOLD: Don
Carroll, Department of Public Works, stated the Board recently requested a work session to discuss
Nonexclusive License Agreements and the effects on surrounding properties;however,this item,along with
the next one, were in the process prior to that request. After discussion, and upon determining that the
applicant was not present,CommissionerJerke moved to continue both Nonexclusive License Agreements
to March 3, 2004, at 9:00 a.m., to allow time to complete the work session. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY ON WCR 106 AND AUTHORIZE CHAIR TO SIGN-DON AND BECKY SMITH:Continued
to March 3, 2004, at 9:00 a.m., with the previous motion.
CONSIDER AMENDMENT TO WELD FOOD BANK COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated a$300,000 Community Development
Block Grant was received for the purchase of a freezer and cooler for food processing for the Weld Food
Bank; however, because a very low bid was received, only$125,000 was spent. Mr. Warden stated that
with$175,000 of grant money left, he asked the State for this amendment to the contract to include a floor
scale, signage, copier, phone, PA, and security systems, and kitchen equipment. Commissioner Vaad
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL AND
AUTHORIZE CHAIR TO SIGN-FLATIRON COMPANIES,LLC,AND COTTONWOOD LAND AND FARMS,
LTD.: Mr. Barker stated there are two properties on either side of 25th Avenue,which will be included in
the Poudre Trail, and Mayor Selders is present to provide further information regarding this. Mr. Barker
stated there are two separate companies listed as owners; however,the base owners are the same. Tom
Selders,Mayor of Greeley,stated this is a win/win decision. He explained the parcels are located between
23rd and 30th Avenues,where 25th Avenue divides the parcels into two segments. He stated the east side
can be built as soon as the weather is favorable and it will allow the opening of the Trail from Island Grove
Park to 25th Avenue. The segment on the west will connect to City property, where the trail has already
been constructed;however, LaFarge is still mining on the site. Mayor Selders stated LaFarge has agreed
the segment may be constructed in May,with a conveyance for materials to pass over the trail,and the City
is working with the company to install the conveyor properly. The two segments together,when completed,
will open the Trail from Island Grove Park to 47th Avenue. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, 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 4, 2004 2004-0407
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: u#/0 i Op,-� "\\IL`T
ERobert D. Masden, Chair
Weld County Clerk to the ar `l '�
�uv,�
c, L' �iv William H. J e, Pro-Tern
BY:
Deputy Clerk to the B
\\ � . eie
Dry
Glenn Vaa r
Minutes, February 4, 2004 2004-0407
Page 6 BC0016
Hello