HomeMy WebLinkAbout20152636.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 3, 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, August 3, 2015, 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of July 29, 2015, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on July 29, 2015, as follows: 1) USR15-0004 - Teri Schwartzkopf, and 2)
USR14-0073 - Bucklen Equipment Company. Commissioner Moreno seconded the motion, which
carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as
printed. Commissioner Cozad seconded the motion, and it carried unanimously.
PUBLIC INPUT: Paula Johnson, Eaton resident, and member of the Galeton Fire Protection
Board, asked if Special Districts should be exempt from fees, rather than using tax revenue to pay
County fees. Chair Kirkmeyer stated the County pays its own fees by accounting for the costs in the
budget. She also submitted copies of her letter, marked Exhibit A.
G� I4, Minutes, August 3, 2015 2015-2636
Page 1 BC0016
BIDS:
1) PRESENT BID #B1500146, ROOF REPLACEMENT - PLAZA BUILDING (3RD FLOOR) -
DEPARTMENT OF BUILDINGS AND GROUNDS (CON'T FROM 7/29/15): Trevor Jiricek, Director of
General Services, presented five (5) bids and stated staff will make a recommendation August 17,
2015.
2) PRESENT BID #1500147, ROOF REPLACEMENT - JAIL SALLY PORT - DEPARTMENT OF
BUILDINGS AND GROUNDS (CON'T FROM 7/29/15): Mr. Jiricek stated staff received five (5) bids
and will make a recommendation August 17, 2015.
• 3) PRESENT BID #B1500148, DOMESTIC BOOSTER PUMP STATION (CC) - DEPARTMENT
OF BUILDINGS AND GROUNDS: Mr. Jiricek stated staff received a sole bid and will bring back a
recommendation August 17, 2015.
• 4) PRESENT BID #B1500149, WCR 32 AND 39 HRP (HAUL ROAD PROJECT) - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek presented three (3) bids and will bring back a recommendation on
August 17, 2015.
5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO AND AUTHORIZE CHAIR TO SIGN - N1/2 N1/4, S30,
T9N, R56W: Barb Connolly, Controller, stated she received one bid from Newpek, LLC, with a bonus
amount of $630.00 per acre for the total of $50,400.00, plus $10.00 filing fee. Commissioner Conway
moved to accept the sole bid, approve the said lease, and authorize Chair to sign. Commissioner
Moreno seconded the motion and it carried unanimously.
• 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO AND AUTHORIZE CHAIR TO SIGN - W1/2, S7, T5N,
R65W: Ms. Connolly stated she received one bid from Aztec Exploration, with a bonus amount of
$600.00 per acre for the total amount of $13,953.30, plus $10.00 filing fee. Commissioner Cozad
moved to accept the sole bid, approve said lease, and authorize the Chair to sign. Commissioner
Freeman seconded the motion, and it carried unanimously.
OLD BUSINESS:
La 1) CONSIDER CREATION OF WELD COUNTY BRIGHT FUTURES ADVISORY BOARD
(CON'T FROM 7/29/15): Commissioner Conway thanked the Board for continuing this matter, in order
to have a full Board present. Commissioner Conway moved to approve said creation of the advisory
board for Weld County Bright Futures. Commissioner Moreno seconded the motion, and it carried
unanimously. Commissioner Conway discussed the benefits and specifics of the Weld County Bright
Futures program. He stated it will be life changing for children as well as a boost to the economy.
NEW BUSINESS:
Ca 1) CONSIDER CONTRACT AMENDMENT #1 FOR NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and
Environment, stated this is the funding to cover all expenses for this program which is to support first
time moms until the baby's second birthday. Commissioner Freeman moved to approve said contract
amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and
it carried unanimously.
Minutes, August 3, 2015 2015-2636
Page 2 BC0016
2) CONSIDER 2015 HOMELAND SECURITY GRANT APPLICATION FOR OEM RADIOS AND
AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management,
presented the grant application to replace the two outdated radios for new ones that will meet the
federal requirements. Commissioner Cozad moved to approve said application and authorize the Chair
to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
El 3) CONSIDER SUPPLEMENTAL ENVIRONMENTAL PROJECT APPLICATION FOR
OUTDOOR LIGHTING REPLACEMENT AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of
Buildings and Grounds, stated this application is the Colorado Department of Public Health and
Environment requesting funds in the amount of $333,925.00 to replace lights in the Weld County
Parking lots. Commissioner Conway moved to approve said application and authorize the Chair to sign.
The motion was seconded by Commissioner Freeman, and it carried unanimously.
• 4) CONSIDER SUPPLEMENTAL ENVIRONMENTAL PROJECT APPLICATION FOR
COURTHOUSE WINDOW REPLACEMENT AUTHORIZE CHAIR TO SIGN: Mr. Taylor explained this
application is the Colorado Department of Public Health and Environment requesting funds in the
amount of $500,000 for the replacement of windows. Commissioner Freeman moved to approve said
application and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it
carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 38 AND 42: Janet
Lundquist, Department of Public Works, presented the details of the closure, and explained the closure
to be effective August 3, 2015, through August 27, 2015. She said message boards are being used in
advance to inform the public. Commissioner Freeman moved to approve said temporary closure.
Seconded by Commissioner Moreno, the motion carried unanimously.
• 6) CONSIDER TEMPORARY CLOSURE OF CR 15 BETWEEN CRS 40 AND 42: Ms. Lundquist
stated the temporary closure will be effective August 4, 2015, through August 7, 2015, for a culvert
replacement and staff will use water for dust abatement and standard road signs and barricades.
Commissioner Moreno moved to approve said temporary closure. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
• 7) CONSIDER AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES ON WELD
COUNTY PARKWAY PROJECT AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION: Mike Bedell, Department of Public Works, presented the terms of the
agreement for the on-going construction of the Parkway Project, which requires the relocation of power
lines, and facilities, because they conflict with the construction. The cost includes the County's
obligations, for example, the areas on private property. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and
it carried unanimously. Commissioner Conway extended his appreciation to Poudre Valley REA for
being proactive and cooperating with the CR 49 project.
8) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
SANDIN FARMS, LLC: Tiffane Johnson, Department of Public Works, stated this is part of the County
Road 49 Project and reviewed the terms of the purchase agreement for a total amount of$271,431.00.
Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Freeman, carried unanimously.
Minutes, August 3, 2015 2015-2636
Page 3 BC0016
• 9) CONSIDER PURCHASE AND SALE AGREEMENT CONCERNING CERTAIN
IMPROVEMENTS TO CR 34 AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF
COLORADO: Bob Choate, Assistant County Attorney, stated this will finalize a purchase of a small
amount of right-of-way. Commissioner Cozad moved to approve said purchase and sale agreement
and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
• 10) CONSIDER FOR ENERGY AND MINERAL IMPACT ASSISTANCE GRANT AGREEMENT
FOR PARKWAY MASTER DRAINAGE STUDY AND AUTHORIZE CHAIR TO SIGN: Commissioner
Conway moved to approve said grant agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
• 11) CONSIDER REASSIGNMENTS AND REAPPOINTMENTS TO BOARD OF ADJUSTMENT:
Commissioner Cozad moved to approve said reassignments and reappointments. The motion was
seconded by Commissioner Conway, and it carried unanimously.
12) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO PLANNING COMMISSION:
Commissioner Conway moved to approve said appointment and reappointments. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
[-D-= 13) CONSIDER REAPPOINTMENT TO BOARD OF RETIREMENT: Commissioner Freeman
moved to approve the reappointment of Duane Naibauer. The motion, which was seconded by
Commissioner Conway, carried unanimously.
PLANNING:
1) FINAL READING OF CODE ORDINANCE #2015-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 23 ZONING,
OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-11 by
title only. Seconded by Commissioner Cozad, the motion carried unanimously. Bruce Barker, County
Attorney, read the title for the record. Michelle Martin, Department of Planning Services, outlined the
final changes of the code, and an addition was made to Section 23-12-30.F. The other changes made
were to Section 23-12-30.M and N. to clarify the statement for new buildings. No public input was
offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2015-11 as
presented for final reading. The motion, which was seconded by Commissioner Cozad, carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-11 was approved on Final Reading.
Minutes, August 3, 2015 2015-2636
Page 4 BC0016
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EXHIBIT
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August 3, 2015 ��^�����11r�1
To the Weld County Commissioners and County Attorney: "I a����
While trying to figure out something the"Transitive Property of Equalities"came to mind of
A=8 and
B=C,then A=C).Well, no—that's not the right formula. However, it is the logic I'm looking for.So, I'm
asking you to logically(not pragmatically)help me sort out this question:
Should special taxing districts in Weld County be exempt from paying county fees?
If A taxes B,and C taxes 8, and A taxes C;then, isn't A getting a really good deal, and B getting
the raw deal, and isn't C an unwitting participant in this transfer of dollars?
' As
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This question comes by this sequence of thought:
I 1) Property owners pay taxes to both Weld County and to Galeton Fire Protection District
(and other special districts,too)for specific purposes. In the case of Galeton Fire District,
the taxes collected are collected to fulfill their mission statement,
"to provide...professional response to the needs of the community...in...
emergencies.",
fulfilling that mission by
i) providing stipends and benefits to keep volunteers serving our district,
ii) providing training for volunteers
iii) providing safety gear and tools for our volunteers
iv) equipping the department with proper and adequate fire apparatus and
equipment in order to respond capably in time of emergency,
v) maintenance of structures and equipment,and,
vi) minimal administrative compensation to manage the above.
2) So,when the a special taxing district(GFPD) is required to pay hundreds and sometimes
thousands of dollars in"fees"to another taxing entity(in this case permit fees to Weld
County)to which patrons already pay taxes,these questions trouble me:
a) Is paying this fee a violation of the fiduciary obligation of board members since such
districts are authorized only to collect taxes for a specific service purpose, but not
authorized to pay taxes or fees to another tax-collecting entity on patron's behalf?
b) How can paying fees be justified when the district mission is to respond to
emergencies?
c) Does this, in practice,constitute taxation without representation?
i) Where is the power of the voting district taxpayer to reduce or eliminate this tax
either by election or ballot?
ii) If they vote the current board out,the next board would still be required to pay
this fee/tax, right?
3) And a finally, I'm wondering,does the County charge itself permit fees when building or
putting in a new driveway,etc.?
a) If so,why?
b) If not,why do other taxing districts in the county pay fees?
What I am asking today is this: After you've had time for deliberation and consultation with the County
Attorney,would you kindly provide a written response in answer to this question:
Should special taxing districts in Weld County be exempt from paying county fees?
Thank you,
Paula Johnson ..///
34998 CR 45
Eaton,CO 80615
Bjpj79@yahoo.com
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 9:53 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �� � ' l4 / -f�L� ifyt—
arbara
C/� jeja,'� Kirkmeyer, Chair
Weld County Clerk to the Board
40/21.eOa)
Mi ee^ man, Pro-Tern
Dep tClerk to the Bo:rd
�� Sean P. Conway
t , �10
� N.
•►' 1%tto�'�►lies: ad atimei
I PI
rZ - 4teve Moreno
Minutes, August 3, 2015 2015-2636
Page 5 BC0016
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