HomeMy WebLinkAbout20151414.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
May 18, 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, May 18, 2015, at the hour of 9:00 a.m.
e 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, Robert T. Frick
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 13, 2015, as printed. Commissioner Moreno seconded the motion, and
it carried unanimously.
E READ ORDINANCE BY AUDIO: Commissioner Cozad moved to read Code Ordinance #2015-6
by audio. Commissioner Freeman seconded the motion, which carried unanimously.
e CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on May 13, 2015, as follows: 1) USR15-0001 - L&S Capital LTD, Go Bonanza
Creek Energy Operating Company, 2) USR15-0009 - Daniel and Rebecca Guzman, and 3) USR15-
0005 - Claystone Holdings, LLC. Commissioner Conway seconded the motion, which carried
unanimously.
119 AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
ID PUBLIC INPUT: No public input was given.
La BIDS: 1) APPROVE BID #81500114, CARPET CLEANING (NORTH BUSINESS PARK) -
DEPARTMENT OF BUILDINGS AND GROUNDS, Trevor Jiricek, Director of General Services, stated
LeI 1 Minutes, May 18, 2015 2015-1414
Page 1 BC0016
that staff recommends the low bid from GAM Enterprises, Inc. In response to Commissioner Moreno he
stated the other vendors that submitted the bids only operate during daytime hours, so they would have
to hire a night time crew, and the low bidder is coming out of Denver Commissioner Freeman moved to
approve said low bid. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
IR 2) PRESENT BID #B1500118, CHIP SEAL OIL SUPPLY - DEPARTMENT OF PUBLIC WORKS
Mr. Jiricek presented the sole bid received and stated that staff will make a recommendation on June
1, 2015. In response to Commissioner Cozad, Mr. Jiricek confirmed staff will look at the cost
•
• comparision and make sure that it is in line with previous costs.
NEW BUSINESS:
VI 1) CONSIDER STANDARD FORM FOR COLORADO WORKS IN WELD COUNTY
EMPLOYMENT AND TRAINING PROGRAM WORK SUPPLEMENTATION ACTIVITY AGREEMENT
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS
PROVIDERS AND AUTHORIZE DIRECTOR OF THE DEPARMENT OF HUMAN SERVICES TO SIGN
AGREEMENTS CONSISTENT WITH SAID FORM: Judy Griego, Director of Department of Human
Services, detailed the department's Employment Services Work Supplementation Activity Agreement
Form and explained the benefits of TANF (Temporary Assistance for Needy Families) Program. In
response to Commissioner Cozad concerning the issue of delegation of authority, Bob Frick, County
Attorney stated Linda Perez has signed in the past. Chair Kirkmeyer confirmed there are various
internal controls in place so as not to exceed certain amounts. Ms. Griego added there is also control of
the audit. Commissioner Cozad moved to approve said form and authorize the Director of the
Department of Human Services to sign. The motion, which was seconded by Commissioner Moreno,
carried unanimously.
El 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RUBADUE WIRE
COMPANY, INC.: Christopher Woodruff, Weld County Assessor, presented the terms of the petition for
abatement or refund of taxes. The property is an industrial warehouse and he expressed that this
petition is for the 2012 tax year, and they are allowed to go back five (5) years. He introduced Noel
Lawrence, Senior Commerical Property Appriaser, who explained how he arrived at his valuation of
$519,320 based on Market approach and the Income approach. He recommended that the Board
accept the 2012 valuation and deny the petition. David Johnson, agent, presented his recommended
value based on the Income approach he brought up the issue with land/drainage that requires the
construction of a retention pond and limits expansion as further detailed in his submitted
documentation. In response to Mr. Johnson, Mr. Lawrence pointed out the differences in the income
analysis, and stated that the comparables should not be used because they are older and not relative
to property in terms of future expansion. Chair Kirkmeyer asked the representative for clarification
about the request, and asked that Mr. Lawrence clarify up the equations used to come up with value,
and each was reviewed for the record. Commissioner Conway reirated that the Assessor Office has
been very fair. Following discussion, Commissioner Freeman moved to deny the petition for abatement.
Seconded by Commissioner Conway, the motion carried unanimously.
3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SHE LAND, LLC.:
Mr. Lawrence stated the property is the Erhlich Nissan facility in Greeley. The abatement period is for
2012. Mr. Johnson requested an Administrative Denial based upon verification of the total square
footage. Commissioner Conway moved to deny the petition and uphold the Assessor's value. The
motion was seconded by Commissioner Cozad. Chair Kirkmeyer commented it would have been
appreciated to have questions answered previously and indicate the Administrative Denial request up
front to save time and effort in this case. The motion carried unanimously.
Minutes, May 18, 2015 2015-1414
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F 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WIND SHORE, LLC:
Mr. Woodruff outlined the petition for abatement or refund of taxes for the year 2012. Mr. Lawrence
reviewed the specifics of the Industrial Flex mall consisting of two buildings in Windsor, and he
explained the location, age, and general useage as part of the valuation. He asked that the Board
sustain the value. Commissioners Freeman and Conway reirated the Assessor's comparable sales are
in the low range and the values are fair. Commissioner Cozad agreed with other Commissioner and
moved to deny said petition for abatement or refund of taxes. Commissioner Freeman seconded the
motion, and it carried unanimously.
IR 5) CONSIDER TASK ORDER CONTRACT AMENDMENT 35 CONTINUATION CONTRACT
TOBACCO USE PREVENTION AND CESSATION EDUCATION AND AUTHORIZE THE CHAIR TO
SIGN: Dr. Mark Wallace, Director of Department of Public Health and Environment, explained the State
Health Department provides tobacco use and cessation funding to local public health agencies from
monies received via Amendment 35, a voter approved initative to use a portion from state tobacco
excise taxes to fund prevention and cessation activities The contract amount for year one is
$318,903.00. With prior approval from the Board the contract will be renewed annually over a
three-year period. Dr. Wallace stated tobacco use continues to be one of the main causes of death and
disability in Colorado and Weld County. Commissioner Conway stated this program is designed for
tobacco alternatives and youth education. Commissioner Moreno moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
F 6) CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO
SIGN - UKRAINE ORPHAN OUTREACH: Brad Yatabe, Assistant County Attorney presented the
application for the non-profit orginazation, with the event being held on May 30th from 9:00a.m.to
5:00p.m. A bar dance with dinner are by invitation only, and all alcohol will be served by a trained
bartender. Kristine Stoesz, representative, stated the fundraiser is being held to assist the children and
refugees in the Ukraine. Commissioner Freeman moved to approve said special events permit.
Commissioner Conway seconded the motion, and it carried unanimously. Commissioner Conway
thanked Ms. Stoesz for the work she is doing to help Ukraine with their challenges.
F 7) CONSIDER COUNTERPROPOSAL FOR CONTRACT TO BUY SELL REAL ESTATE (819
11TH ST) - GREELEY BOARD OF REALTORS, INC., C/O NEAL JANDREAU: Toby Taylor, Director of
Buildings and Grounds, stated the property will be used as an expansion of County parking. In
response to Commissioner Cozad's inquiry, Bob Frick, County Attorney, further explained the specifics
of the agreement and stated there is a 90-day provision added. Chair Kirkmeyer requested a work
session to clear up the confusion about the details. Commissioner Moreno moved to approve said
counterproposal and authorize Chair to sign. Commissioner Conway seconded the motion, and it
carried unanimously.
F 8) CONSIDER ACCEPTANCE OF QUIT CLAIM DEED FOR PUBLIC RIGHT-OF-WAY ALONG
TWO RIVERS PARKWAY AND AUTHORIZE CHAIR TO SIGN - HAROLD AND MADELINE DANIELS:
Tiffane Johnson, Department of Public Works, reviewed the terms of the quit claim deed which is
needed for the federal funding requirements as evidence of right-of-way. Commissioner Conway moved
to approve said quit claim deed and authorize Chair to sign. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
IR 9) CONSIDER ACCEPTANCE OF QUIT CLAIM DEED FOR PUBLIC RIGHT-OF-WAY ALONG
TWO RIVERS PARKWAY AND AUTHORIZE CHAIR TO SIGN - NOEL AND ELLA HAYES: Ms.
Johnson again reviewed the terms of the quit claim deed which will formalize existing right-of-way and
Minutes, May 18, 2015 2015-1414
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satisfy federal funding requirements. This roadway was repaired as a result of the 2013 flood damage.
Commissioner Freeman moved to approve said quit claim deed and authorize Chair to sign.
Commissioner Cozad seconded the motion, and it carried unanimously.
IR 10) CONSIDER APPOINTMENT TO HUMAN SERVICES COMMITTEE: Commissioner Cozad
moved to approve the resolution for the appointment to the Human Services Committee and seconded
by Commissioner Conway, the motion carried unanimously.
F 11) CONSIDER APPOINTMENT TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner
Conway moved to approve the resolution to the appointment to the Weld Faith Partnership Council and
seconded by Commissioner Cozad, the motion carried unanimously.
F 12) CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Freeman moved to approve the appointment to the Regional Communications Advisory
Board and seconded by Commissioner Moreno, the motion carried unanimously.
F 13) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO FAMILIES, YOUTH, AND
CHILDREN COMMISSION: Commissioner Cozad moved to approve the resolution for the appointment
and reappointments to the Families, Youth, and Children Commission. Commissioner Conway
seconded the motion, which carried unanimously.
• 14) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE - MINERAL RESOURCES, INC: Esther Gesick, Clerk to the Board, reviewed the
acreage and the bonus amount. Commissioner Freeman moved to waive said bid procedure, approve
the lease and authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried
unanimously.
• 15) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE - MINERAL RESOURCES, INC: Ms. Gesick again presented the acreage and the
bonus amount stating that this is for the mineral interest under P.S. Trophy shop. Commissioner
Moreno moved to waive said bid procedure, approve the lease and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
IR 16) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE - SYNERGY RESOURCES: Ms. Gesick, stated the terms of lease for 0.1148
mineral acres. Commissioner Conway moved to waive said bid procedure, approve the lease and
authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
PLANNING:
CI 1) FIRST READING OF CODE ORDINANCE #2015-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE
INTEREST, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE : Tom Parko, Director of
the Department of Planning Services/Building Inspection, reviewed the proposed revisions for the
record. (NEED TO GET 2014 COPY OF CODE) Jose Gonzalez, Plan Examiner, stated including drip
edge does protect the warranty of a roof. Responding to Chair Kirkmeyer, Mr.Gonzales stated the
State Electrical Board and statute requires local jurisdictions to adopt the new version within one year
since they do electrical inspections for state facilities. Concerning the matter of deposits, staff has not
Minutes, May 18, 2015 2015-1414
Page 4 BC0016
been collecting for several months and has not had a problem with collecting. No public testimony was
offered concerning this matter.
Commissioner Conway moved to amend the Agenda to reflect the correct Chapter 29 Building
Regulations title. Seconded by Commissioner Moreno, the motion carried unanimously.
Commissioner Cozad stated Weld County (among 16 counties) does their own so the adoption is not
necessarily required. Commissioner Conway requested the statute be verified prior to second reading.
Chair Kirkmeyer agreed; however, she is not opposed. - Commisioner Cozad moved to approve on first
reading Commissioner Conway seconded the motion and it carried unanimously.
HEALTH:
IR 1) CONSIDER REINSTATEMENT OF SYSTEMS CLEANER LICENSE - REDI
SERVICES, LLC: IR Katie Sall, Department of Public Health and Environment displayed a
PowerPoint presentation including the relevant regulations, background summary of notifications and
enforcement activities revoked by Board of Public Health on February 25, 2014, which took place prior
to a Code change that now requires action by the Board of Commissioners. Lauren Light, Department
of Public Health and Environment noted she has been dealing with neighbor complaints and displayed
photographs of dumping activites. In response to Commissioner Conway, James Toloumis,
Environmental Health, referred to neighbor photos and noted Redi has completed cleanup and
conducted on-site soil tests to confirm that it has been cleaned up to background. The second
complaint is being investigated by the Colorado Department of Public Health and Environment and is
currently ongoing. Responding to Commissioner Moreno, Mr. Toloumis confirmed there was no fine
assessed, and in response to Commisioner Cozad, he stated there is no associated USR. Redi
Services is located in the Town of Fort Lupton. Responding to Commissioner Conway, Ms. Sall stated
there is a process in place to monitor log submittals and if they do not respond to notification letters,
then the hearing process is initiated. e Commissioner Cozad referred to a letter from(page 7 and 8
of 20) which cites the allowance for a penalty and Mr. Yatabe stated the Board of Health can impose
daily $50 fines if reinstated and then there are resulting violations. Following discussion, it was
confirmed that all of the logs have been submitted and they are now requesting reinstatement, and it
was agreed that any further issues could result in the imposition of fines.
Jason Anderson, Redi Services, LLC - Safety Compliance Officer, apologized for the failure to
comply. He explained they originated in Frederick in 2012, and subsequently moved to Fort Lupton
and now are currently in Platteville, unfortunately, they did not receive the letters of notification.
However, they have submitted the necessary logs and they intend to ensure compliance going forward.
Ms. Sall clarified the illegal dumping was presented simply as background on the company but it is
related to a separate enforcement matter. In response to Commissioner Conway, Ms. Light stated the
notification letters were sent to the address on the license by certified mail; however, staff did not
receive any evidence that the letters were received. In 2012, Mr. Anderson stated a representataive of
Redi did apply; however, there has been a high amount of management turnover, and they have been
pumping for the past year without a license. He further stated he was discussing the dumping
complaint with Troy Swain, Oil and Gas Liasion who suggested he look into getting a permit.
Commissioner Cozad stated the company had to be aware that a permit was required because one had
been acquired previously and she would like to have this discussion with the owner to ensure
compliance is maintained. Commissioner Freeman stated he is in favor of second chances and it
appears that they are now in compliance. Commissioner Conway agreed; however, the Code has
since changed and any future issues of noncompliance will be heard by the Board of County
Commissioners as the Board of Health and it will not be viewed favorably. Chair Kirkmeyer expressed
upset that the owner fails to attend the hearings, and fails to follow the regulations and she would like
the owner to respond and explain why they have been pumping illegally for the past year.
Minutes. May 18, 2015 2015-1414
Page 5 BC0016
Commissioner Moreno stated he also agrees with second chances but also agrees with the
seriousness of the matter and would be in favor of continuing to a date when the owner can be present.
Commissioner Cozad agreed because this has been an ongoing concern with health and safety factor.
In response to Commissioner Conway, Mr. Anderson stated continuing the revocation will have a
significant impact for employees and potential loss of a large client. Chair Kirkmeyer stated if it was
that important then the owner should have taken this hearing seriously and planned to attend. In
response to Commissioner Conway, Mr. Yatabe stated he is not aware of a provision for a temporary
license.
Commisioner Cozad moved to grant a temporary license until June 1, 2015, for the owner to be
present. Commissioner Conway seconded the motion. and reiterated the seriousness of the situation,
regardless of that fact they have currently come into compliance. Commissioner Cozad stated the Oil
and Gas industry is supported in Weld County and they are very strict with companies because of that
fact. In response to Mr. Yatabe, the Board concurred with the provision of notice including the potential
fines.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda Code Ordinance #2015-6 was approved on First Reading.
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 11:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C1t C.1 , ,,/ • / EXCUSED
�Gj JCS K Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
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Minutes, May 18, 2015 2015-1414
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