HomeMy WebLinkAbout20150432.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 9, 2015
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
Administration Building, Greeley, Colorado, February 9, 2015, at the hour of 9:00 a.m.
IR 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Robert T. Frick
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
a MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of February 4. 2015, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
e CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on February 4, 2015, as follows: 1) USR14-0062 - Sergio Lujan Delgado.
2) USR14-0075 — Larry and Patricia Nelson do Steve Carlson, and 3) USR14-0067 - Tri-State
Generation and Transmission, Inc. Commissioner Cozad seconded the motion, which carried
unanimously.
la AMENDMENTS TO AGENDA: There were no amendments to the agenda.
la CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
ID PUBLIC INPUT: No public input was given.
BIDS:
C 1) PRESENT BID #B1500037, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS:
Trevor Jiricek, Director of General Services, presented the 13 bids received. Staff will bring a
recommendation to the Board on February 23, 2015.
Minutes, February 9, 2015 2015-0432
3// Page 1 BC0016
NEW BUSINESS:
• 1) CONSIDER NURSING AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
REGIS UNIVERSITY LORETTO HEIGHTS SCHOOL OF NURSING: Dr. Mark Wallace, Director of
Department of Public Health and Environment, reviewed the non-financial, flexible terms and provisions
regarding the mutual benefits of the program to include training and recruitment/retention.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Cozad, and it carried unanimously.
e 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - UNITED POWER,
INC.: Brenda Dones, Deputy Assessor, explained this is a State-assessed company and portions value
back to the County. A clerical error was made in the filing process and an abatement refund is required,
in the amount $162,449.00. Chair Kirkmeyer disclosed that she is a member of United Power,
however, she has no decision making authority related to United Power and does not feel it is a conflict
of interest. Responding to Commissioner Moreno, Ms. Dones further explained the error was
discovered after the tax year. Commissioner Freeman moved to approve said refund as recommended
by staff. Seconded by Commissioner Cozad, the motion carried unanimously.
•
•
12 3) CONSIDER ACKNOWLEDGING CANCELLATION OF TAX LIEN SALE CERTIFICATE
• (TS CERT 2014-24064): Renee Fielder, Assistant Treasurer, explained the erroneous special
• assessment needs to be cancelled from the mobile home account and reassessed to the real estate
account. Commissioner Cozad moved to acknowledge said cancellation. The motion. which was
•
• seconded by Commissioner Moreno, carried unanimously.
CI 4) CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 31 AND 33: Janet
Lundquist, Department of Public Works, reviewed the closure provisions regarding the bridge
• replacement effective February 17, 2015, through April 10, 2015, stating water will be used for dust
P 9 p
control and standard signs and barricades will be used. The traffic count does not warrant the
placement of message boards in advance; however, adjacent land owners, relevant school districts and
emergency services will be notified. Commissioner Freeman moved to approve said temporary closure.
Commissioner Cozad seconded the motion, and it carried unanimously. Ms. Lundquist stated standard
road signs, barricades and message boards will be placed during the closure.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 90 BETWEEN CRS 39 AND 41: Ms. Lundquist
stated the terms of the irrigation culvert replacement, including a temporary closure effective
February 23, 2015, through February 27, 2015, the use of magnesium choloride for dust abatement, as
well as the use of advance message boards and standard signs and barricades. Commissioner Cozad
moved to approve said temporary closure. The motion was seconded by Commissioner Moreno, and it
carried unanimously.
CI 6) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 44 AND 46.5:
Ms. Lundquist stated the closure for a culvert replacement commences February 23, 2015, and ends
February 27, 2015. Message boards for notification will be used in advance with standard road signs
and barricades. Magnesium chloride will be used for dust abatement. Commissioner Freeman moved
to approve said temporary closure. The motion, which was seconded by Commissioner Moreno,
carried unanimously.
El 7) CONSIDER TEMPORARY CLOSURE OF CR 90 BETWEEN CRS 41 AND 43: Ms. Lundquist
reviewed the terms of the temporary closure effective March 2, 2015, through March 6. 2015, to replace
an 18-inch irrigation culvert. Traffic counts require the use of message boards in advance in conjunction
Minutes, February 9, 2015 2015-0432
Page 2 BC0016
with standard signs and barricades. Magnesium chloride will be used for dust abatement.
Ms. Lundquist noted extension of the previous closure so both road segments were not done at the
same time. In response to Commissioner Cozad, Ms. Lundquist stated the Department of Public Works
reserves the ability to retain closure for the full five days while attempting to complete the project
sooner and allows traffic flow during construction when possible. Commissioner Moreno moved to
approve said temporary closure. Commissioner Freeman seconded the motion, and it carried
unanimously. Commissioner Moreno commended staff for their quality assistance to the public and the
positive reports he has been receiving.
El 8) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - DON OSTRANDER: Bob Choate, Assistant County Attorney, reviewed the terms and
provisions for outside counsel regarding an action of condemnation against DPG Farms, LLC. The case
is set for trial, and procurement policies have been adhered to. Commissioner Freeman moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Cozad, and it carried unanimously.
9) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - GREG GERKEN: Mr. Choate stated Mr. Gerken will be the expert witness for appraisal
purposes regarding the aforementioned case against DPG Farms, LLC, and his services were procured
in accordance with Code policy. Commissioner Cozad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
el 10) CONSIDER INCREASE OF CHANGE FUND FOR CLERK AND RECORDER'S OFFICE IN
GREELEY MOTOR VEHICLE DEPARTMENT: Barbara Connolly, Controller, stated five additional staff
will begin each day with $100 in the drawer, for an additional $500.00 in the Change Fund.
Commissioner Moreno moved to approve said increase of change fund. Commissioner Cozad
seconded the motion, which carried unanimously.
11) CONSIDER CONSENT TO ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN
G4S INTEGRATED FLEET SERVICES, LLC, AND CENTERRA INTEGRATED SERVICES, LLC:
Ms. Connolly explained the subject company provides maintenance for the County fleet and previously
notified the County of a company name change, but subsequently decided to transition to the parent
company of Centerra Integrated Services, LLC. Commissioner Moreno moved to consent to said
assignment and assumption agreement and authorize the Chair to sign. Seconded by Commissioner
Freeman, the motion carried unanimously.
ri 12) CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF TRUSTEES FOR
NORTH COLORADO MEDICAL CENTER: Commissioner Freeman moved to approve said
appointment and reappointment. Commissioner Cozad seconded the motion, which carried
unanimously.
13) CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: In
response to Chair Kirkmeyer, County Attorney Frick requested this be considered later in the meeting
to allow him the opportunity to research the matter of residency as a requirement for appointments to
Boards and Commissions.
tU 14) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
(S1/2 SE1/4, S19. T5, R65W) - MINERAL RESOURCES, INC.: Esther Gesick, Clerk to the Board,
Minutes, February 9, 2015 2015-0432
Page 3 BC0016
recommended approval of the lease for 3.5746 mineral acres. Commissioner Freeman moved to waive
the bid procedure. accept the lease in the amount of $4,289.52 and authorize the Chair to sign. The
motion was seconded by Commissioner Cozad, and it carried unanimously.
G. 15) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
(SW1/4 SW1/4, S5, T5N, R65W) - MINERAL RESOURCES, INC.: Ms. Gesick recommended approval
of the lease for 4.986 mineral acres under the downtown Centennial Complex property. Commissioner
Freeman moved to waive the bid procedure, accept the lease in the amount of $5,983.20 and authorize
the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
ki 16) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
(SE1/4 SW1/4, S5, T5N, R65W) - MINERAL RESOURCES, INC.: Ms. Gesick recommended approval
of the lease for 2.11748 mineral acres under the County Jury Parking property. Commissioner Cozad
moved to waive the bid procedure. accept the lease in the amount of $2,504.99, and authorize the
Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
12 17) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
(S6, T5N, R65W) - MINERAL RESOURCES, INC.: Ms. Gesick recommended approval of the lease
for 4.6006 mineral acres under the Human Services Complex and Print Shop properties.
Commissioner Freeman moved to waive the bid procedure, accept the lease in the amount of
$5,520.72, and authorize the Chair to sign. The motion was seconded by Commissioner Moreno. and it
carried unanimously.
BOARD OF HEALTH
12 1) CONSIDER ABATEMENT OF NUISANCE CONDITION PURSUANT TO SECTION 25-1-518,
C.R.S., ASSOCIATED WITH SEPTIC SYSTEM ON PROPERTY OWNED BY STEVEN WINICK:
Lauren Light, Department of Public Health and Environment, stated on January 30, 2014, the
Department of Public Health and Environment sent a referral to the Department of Planning Services
based on a zoning permit for a second dwelling, at which time it was noted there was a failing septic
system on the premises. Mr. Winick did receive a permit for a second dwelling in February, 2014;
however, he never applied for a building permit. As part of the process, he would have to fix the septic
system. ID In response to Chair Kirkmeyer, Katie Sell, Department of Public Health and
Environment, stated Mr. Winick did not indicate whether he intended to attend. Ms. Light continued by
stating he has never been present for any meetings even though he has received several forms of
notification. Brad Yatabe, Assistant County Attorney, stated due process has been given and the
Board may proceed in Mr. Winick's absence.
Ci Ms. Sell continued to review the statutory provisions as displayed in the PowerPoint presentation
and in regard to the failing septic system. Surfacing sewage equals an unhealthy premise with six (6)
tenants residing there. Staff requested the applicant pump the system as necessary, at his expense. to
prevent sewage from surfacing. Further, if the County completes the work, then a lien would need to be
placed on the property to recover the costs. Ms. Sell reviewed the Timeline Summary leading to
today's hearing. In response to Chair Kirkmeyer, Ms. Light explained the permit was renewed because
he had already done the percolation test and staff had done a site visit, so it appeared he may comply
and, if he had done so by replacing the system, he would not have been subjected to a new permit fee.
Minutes, February 9, 2015 2015-0432
Page 4 BC0016
She also confirmed the system needs to be pumped at least weekly based on the ratio of capacity to
residents; however, staff has only received three receipts throughout the entire process spanning
approximately 18 months. Ms. Sell displayed and explained various photographs taken of the site and
surface effluent. Ms. Light stated currently there is only one residence on the property; however, he
was approved for a Recoreded Exemption (RE) and a Zoning Permit for a Second Dwelling (ZPSD) last
February, 2014, and reiterated he has never pulled a building permit. Ms. Sell then reviewed the health
effects of raw sewage and staff's recommendation to remedy the situation.
IR Mr. Yatabe, commented the Department of Public Health and Environment has worked very
closely with the property owner making every effort to communicate and encourage proper measures to
the degree that Dr. Wallace issued a Cease and Desist Order in November, 2014: however, the
situation remains. He stated this current process of bringing it to the Board and recommending punitive
action seems to be the most direct route to ensure compliance for public safety.
Commissioner Cozad suggested the option of the County repairing the system, versus just a
pumping schedule. Mr. Yatabe stated the Draft Resolution does direct the property owner to pump or
repair and does allow the provision for the County to remedy, if necessary.
CI Commissioner Moreno stated it is apparent the property owner has not been very cooperative.
Chair Kirkmeyer stated the tenants are in a very unhealthy situation and suggested the County
move forward with pumping the failing septic system once to get it cleaned up, pull the permit, vacate
the premises until it is remedied, pursue a zoning violation, and inform the Department of Planning
Services that a second mobile home should not be allowed. Responding to Commissioner Cozad..
Ms. Light stated a 1,000-gallon tank is permitted for three bedrooms and this is an older two (2)
bedroom house. Responding further to Commissioner Cozad, Mr. Yatabe stated he will need to do
further research concerning vacating the premises. Chair Kirkmeyer asserted the Zoning and Building
Permit violation process may be the more appropriate enforcement process.
El Chair Kirkmeyer conveyed the Board's agreement with staff's recommendation to pump the
system once, go through the zoning/building compliance process, and pursue vacating the tenants.
Commissioner Freeman suggested doing the necessary pumping until the tenants are relocated.
Responding to Commissioner Moreno, Ms. Sell estimated it will cost $250-$350 each pumping. e In
response to Chair Kirkmeyer, Frank Haug, Assistant County Attorney, stated he can file a County Court
action which imposes financial penalties, and otherwise can file an injunction through district court with
a good chance to get done by March 2, 2015.
IR Chair Kirkmeyer confirmed for the record that Mr. Winick was not present.
ID Commissioner Freeman moved to Find that there is a need for Abatement of Nuisance Condition
on Property owned by Mr. Steven J. Winick based on Section 25-1-518 C.R.S.and an Order to follow
staff's recommendation to hire a licensed cleaner to pump the tank as necessary but at a minimum
once per week until March 2, 2015. Further, the County will ensure the premises are vacated until the
septic system is either repaired to County standards or replaced; County Attorneys will proceed with a
zoning and/or building violation to proceed before the Courts as quickly as possible; and lastly, revoke
any relevant permits. Chair Kirkmeyer stated that this is a serious health matter and Mr. Winick is not
only ignoring the County but is also placing the tenants in danger, and the County's intent is to bring the
site into compliance as soon as possible. Commissioner Cozad seconded the motion, and it carried
unanimously.
Minutes, February 9, 2015 2015-0432
Page 5 BC0016
• NEW BUSINESS (CON'T):
IR 13) CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: In
response to Chair Kirkmeyer, Mr. Frick stated his review of the Bylaws and Charter indicate residency
is not required for Boards and Commissions. He clarified there is no written provision prohibiting
outside residency; however, he summarized the underlying language as the members shall be broadly
representing the community and geographic area served, therefore, the Board may approve if they so
desire or may continue the matter for further discussion. Chair Kirkmeyer confirmed that in the past,
the County Commissioners have a set standard of representatives living within the County prompting
the need to discuss the matter further with the Sheriff as to the appointment of Deputy Caldwell
because he does not live in the County. Following discussion, Commissioner Freeman moved to
approve the various appointments and term dates as reflected on Exhibit A, with the exception of
Deputy Alan Caldwell, as he is not a resident of Weld County. Commissioner Moreno seconded the
motion, which 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 Clerk to the Board.
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD F COUNTY COMMISSIONERS
WELD UNTY, C L RADO
ATTEST: C/
C/ G .Xlfo cC Barbara Kirkmeye , Chair
Weld County Clerk to the Board
T'u. —1.7 c,Y
Mike Freeman, Pro-Tem
De u Clerk to th• Board ' \� j 11.$/ • CUSED
0. . > P. Conway
361 t /
A Cozad
Steve Moreno
Minutes, February 9, 2015 2015-0432
Page 6 BC0016
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