HomeMy WebLinkAbout20152910.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 31, 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 31, 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-Tern
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
12 MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 26, 2015, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on August 26, 2015, as follows: 1) USR15-0031 - Harms Ranch, LLC, do Pine
Bluffs Gravel and Excavating, Inc., 2) USR15-0030 - Silicon Ranch Corporation, and 3) USR15-0032 -
Silicon Ranch Corporation Commissioner Conway seconded the motion, which carried unanimously.
12 AMENDMENTS TO AGENDA: Pull item #7 from the Resolutions listed on the Consent Agenda
and make it item #15 under New Business. Commissioner Conway moved to amend the Agenda. The
motion was seconded by Commissioner Moreno, and it carried unanimously.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as
amended. Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Harvey Mabis, Sr. introduced himself to the Board and after an explanation of
his options he decided to wait and address the Board during New Business item #14.
BIDS:
• 1) APPROVE BID #B1500159, SHOWER REPLACEMENT/ALTERNATIVE PROGRAMS
BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General
Minutes, August 31, 2015 2015-2910
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Services, stated staff recommends awarding the low bid to Classic Contractors, Inc, in the amount of
$119, 741.00. Commissioner Conway moved to approve said low bid. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
01 2) PRESENT BID #61500156, (CNG) TANDEM TRUCK (QTY. 2) - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek presented the five bids received and stated staff will return with a
recommendation on September 14, 2015.
NEW BUSINESS:
• 1) CONSIDER INFORMAL EXPENDITURE AUTHORIZATION MODIFICATION FOR VARIOUS
WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego,
Director of Department of Human Services, stated this will add to federal grant agreement provisions to
supplement the Federal laws and requirements. Commissioner Freeman moved to approve said
modification of expenditure authorization and authorize the Chair to sign. The motion, which was
seconded by Commissioner Cozad, carried unanimously.
• 2) CONSIDER EXPENDITURE AUTHORIZATION FOR ENHANCED DISLOCATED WORKER
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego presented the expenditure authorization
which includes additional Federal Grant Agreement provisions. In response to Commissioner Conway,
question, she stated the program dollars provide staff training, support, specialized training, and targets
workers that have been laid off. She added this will assist the population of oil and gas workers that
have recently been laid-off. Commissioner Moreno moved to approve said expenditure authorization
and authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously.
IR 3) CONSIDER 2015-2016 PLAN FOR CORE SERVICES PROGRAM AND AUTHORIZE CHAIR
TO SIGN: Ms. Griego reported this will provide treatment and prevention services under the Child
Welfare Program. Commissioner Freeman moved to approve said plan and authorize the Chair to sign.
The motion was seconded by Commissioner Cozad, and it carried unanimously.
• 4) CONSIDER PARTICIPATION AGREEMENT (EXHIBIT 1 TO UNIVERSAL MEMBERSHIP
AGREEMENT) FOR USE OF WORK NUMBER PILOT SYSTEM AND AUTHORIZE JUDY GRIEGO,
DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES TO SIGN — TALX CORPORATION:
Ms. Griego explained Colorado Department of Human Services will be conducting a pilot program for a
trail time period, and it will enable staff to check with employers for wage information for public
assistance. Ms. Griego stated this was requested by the staff to assist with timeliness. Chair Kirkmeyer
clarified it is a 90-day trail period and it starts September 1, 2015. Commissioner Cozad moved to
approve said agreement and authorize Judy Griego to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
• 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MACHII ROSS
PETROLEUM COMPANY: Brenda Dones, Assessors Office, stated that Machii Ross failed to submit
their information for the 2013 tax year. The Assessor's Office had the wrong information but now it is
updated and they are requesting an abatement of taxes. Commissioner Conway moved to approve said
petition for abatement of taxes. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
01 6) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 2007-2360) FOR
PARCEL #1469-06-2-35-011: Renee Fielder, Treasurers Office, explained the ownership was incorrect
and it was actually owned by an exempt entity. Commissioner Conway moved to approve said
Minutes, August 31, 2015 2015-2910
Page 2 BC0016
cancellation of tax lien sale certificate. Seconded by Commissioner Cozad, the motion carried
unanimously.
• 7) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 2007-2097) FOR
PARCEL #1061-01-4-04-028: Ms. Fielder stated it was discovered the ownership was incorrect and it is
actually a Homeowner Association which is exempt from taxes. Commissioner Cozad moved to
approve said cancellation of Tax Lien Certificate. The motion, which was seconded by Commissioner
Conway, carried unanimously.
• 8) CONSIDER AGREEMENT FOR EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN: On behalf of Roy Rudisill, Director of the Office of
Emergency Management, Esther Gesick, Clerk to the Board, requested this item be continued to the
meeting on Wednesday to allow the Board to complete the pass around review. Commissioner Conway
moved to continue said matter to Wednesday September 2, 2015. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
te 9) CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY AND AUTHORIZE CHAIR TO
SIGN - MEAD ROTARY CLUB FOUNDATION: Bob Choate, Assistant County Attorney, presented the
terms of the application and gave some background concerning the event. He proceeded with some
details about the application, the first being that there will not be paramedics on site, but there are no
concerns with this and the Board has waived it and the Bond in the past. Terry Enright, Event Manager,
explained that the updated vendor licenses have been sent to the Clerk to the Board's Office by email.
Commissioner Conway said he didn't have any concerns with not having paramedics on site, because
Mountain View Paramedics attends the event. Commissioner Cozad stated she attended the Mead
Rotary Board Meeting and feels comfortable with not having paramedics on site. Commissioner Cozad
moved to approve said application,with the waiver of the Board and requirement of on-site paramedics,
and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried
unanimously.
• 10) CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO
SIGN - MEAD ROTARY CLUB FOUNDATION: Mr. Choate stated this is related to item #9 and all
application requirements are about the same and he has no concerns. Commissioner Conway moved
to approve said application and authorize the Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously. Commissioner Conway expressed that the
applicant does an excellent job of policing for underage drinking and has no concerns with this event.
ID 11) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CR 8 AND STATE
HIGHWAY 52: Janet Lundquist, Department of Public Works, reported the reason for the modification
to September 2, 2015, is because the contractor would like to start earlier on the project. Don Dunker,
Department of Public Works, stated the contractor will not be working over the Labor Day Weekend.
Chair Kirkmeyer asked if that school district be notified. Ms. Lundquist clarified the date of this project.
Commissioner Conway moved to change the dates from August 31, to September 2, 2015. Seconded
by Commissioner Freeman, the motion carried unanimously. Commissioner Conway moved to approve
said temporary closure as amended. Seconded by Commissioner Moreno, the motion carried
unanimously.
12) CONSIDER TEMPORARY EMERGENCY CLOSURE OF PINTO BETWEEN PALAMINO
AND APPALOOSA: Ms. Lundquist presented the road closure effective August 25, 2015, through
September 3, 2015, for a culvert replacement. She stated it is a residential road so staff is working with
Minutes, August 31, 2015 2015-2910
Page 3 BC0016
residents in the area during the closure. Commissioner Freeman moved to approve said emergency
closure. Commissioner Cozad seconded the motion, and it carried unanimously.
• 13) CONSIDER NOXIOUS WEED MANAGEMENT AND CONTROL FUND COST-SHARE
APPLICATION FOR DALMATIAN TOADFLAX COST SHARE PROGRAM AND AUTHORIZE CHAIR
TO SIGN: Tina Booton, Pest and Weed Division, stated the application is to bring in funds to cost-share
with landowners in the amount of $15,000 and the county match is $20,000. In response to Chair
Kirkmeyer, she stated the grant fund dollars are less because the State hasn't set aside as much for
land owners. Commissioner Conway moved to approve said application and authorize the Chair to
sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
• 14) CONSIDER FILING OF PROCEEDING IN EMINENT DOMAIN, PURSUANT TO SECTION
38-1-101, C.R.S., AGAINST MR. HARVEY VERNON MABIS II: Mr. Choate presented a motion for a
new civil action against the property owner and explained this is an attempt to condemn the entire
property due to the widening for the CR 49 Project, although it isn't clear the exact amount of roadway
needed. He stated staff has attempted to get an appraiser on the property and paid for an appraisal
done by Alan Axton at the request of the property owner. Mr. Choate explained that Mr. Mabis felt West
Foster wouldn't provide a fair appraisal. He gave the details of how staff has worked with the property
owner to get a fair appraisal. Harvey Mabis, Illinois resident, and father of the landowner referred to a
letter he wrote addressing the matter and he discussed his frustrations over not being treated fairly by
the staff. He requested that someone who is unaffiliated perform the appraisal. Mr. Mabis believes the
value of the property to be higher, because of the house size, structure, and the uniqueness of the
amenities on the property. Mr. Mabis stated he believes this matter can be handled without going to
court, and he listed his requirements and re.uests to the County. He requested the written policy and
procedures for the County's acquisitions. Chair Kirkmeyer explained the County has their own
process and they don't follow the federal provisions, because this project isn't funded with federal
funds. Chair Kirkmeyer asked for clarification on a time frame to get this done and asked the
representative if he is willing to give staff a right of entry. Bruce Barker, County Attorney, reviewed the
requirements of State statue and expressed the Chair has the right to pick the appraiser, it isn't the right
of the property owner to pick. The County paid for the applicant's appraiser and now they won't allow
right of entry for the County's chosen appraiser. Mr. Barker stated the County already made an offer
that has been rejected. Commissioner Cozad clarified the property owner picked Alan Axton, to do the
appraisal they agreed on his services and the County paid for his services. Chair Kirkmeyer expressed
the reason for this hearing is because of the refusal of the continuation of the process. Mr. Barker
requested adding a Possession and Use agreement and a Right-of-Entry and he explained the court
will grant to the Possession and Use Agreement. O Chair Kirkmeyer asked the representative of the
property owner if he is willing to sign a Possession and Use Agreement and a Right-of-Entry today and
she said she is willing to proceed with Mr. Choate's recommendation to proceed with the eminent
domain but give direction that the Mabis' signed a Possession and Use Agreement and a Right-of-Entry
by the end of business today they will not proceed. Commissioner Conway requested continuing until
Wednesday to give the land owner an opportunity to sign the agreement. Chair Kirkmeyer stated she is
not in support of continuing it since all parties are present, staff has been very transparent, and
processes have been followed according in State statues. Commissioner Freeman agreed it will be
best to conclude today and Commissioner Moreno said he concurs. Commissioner Freeman moved to
approve proceeding forward with the eminent domain unless the Right-of-Entry and the Possession and
Use are signed by the end of business, August 31, 2015, and authorize the Chair to sign. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
• 15) RECONSIDERATION WITH REGARD TO APPLICATION FOR TAVERN LIQOUR LICENSE
- FRITZLERS FARMS, INC: Mr. Choate stated the reason why this is being brought back to the Board
Minutes, August 31, 2015 2015-2910
Page 4 BC0016
is because there was an oversight. Fritzlers would like to change the class of the license from a Tavern
License to an Optional Premise License. Mr. Choate reported he wasn't aware that the Optional
Premise License could be a stand-alone license. Mr. Choate explained that this type of license would
work well with their seasonal business, and they don't need a food vendor and they would simply notify
the Clerk to the Board when they intend to turn it off and on. Commissioner Conway moved to change
the class of the Tavern License to an Optional Premise License. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
PLANNING:
1) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST ARTURO CORRAL, AKA
CORRAL ENTERPRISES, LLC, FOR VIOLATION OF THE WELD COUNTY CODE (ZCVI12-00152):
Bruce Barker, County Attorney, explained the reason for this request is to have a determination from
the Board about taking action in District Court to stop the business from operating. Mr. Barker gave the
background on this violation and stated, to date, the property owner has not completed the actions he
agreed to. Bethany Pascoe, Department of Planning Services, explained to the Board the nature of the
violation and stated the business is an auto detail operation. Auturo Corral, Owner of Corral
Enterprises, reported he was completely unaware of the issues when he purchased the company in
2012, and will have to spend $250,000 to fix everything to be up to code. Ms. Pascoe reminded the
Board, that in June they requested to take this further because the $100 a day fee was not helping to
get this resolved. Mr. Corral stated the fees make it hard to get in compliance. Chair Kirkmeyer outlined
the timeline of this process and asked Mr. Corral what he has gotten done and requested an
explanation why this isn't completed. Mark Taylor, representative of Corral Enterprise, LLC, discussed
the various items he has worked on with Mr. Corral. Kim Ogle, Department of Planning Services,
detailed the list of conditions. In response to Commissioner Cozad's question, Ms. Pascoe explained
the property is much cleaner but it still isn't finished, and he had a lot of time to complete the work. Mr.
Corral reported he will need another $150,000 to complete the work. Mr. Taylor said two (2) weeks
should be enough to complete the list of conditions. After a discussion it was decided to continue this
matter to September 28, 2015, in order to allow Mr. Corral time to complete the list of conditions.
Commissioner Conway moved to continue this to September 28, 2015. Commissioner Moreno
seconded the motion, and it carried unanimously.
Minutes, August 31, 2015 2015-2910
Page 5 BC0016
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 10:38 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
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Minutes, August 31, 2015 2015-2910
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