HomeMy WebLinkAbout20140814.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 17, 2014
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, March 17, 2014, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
ti MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 12, 2014, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on March 12, 2014, as follows: 1) USR13-0057 - Shawn and Stacey Greathouse,
2) USR13-0059 - Edward and Betty Meyer, c/o Connie Mizner, and 3) USR13-0060 - Rodney and
Karen Steely. Commissioner Garcia seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: Commissioner Conway moved to add the following items under
New Business: 12) Consider Work Order Form (Flood Repairs - EM-BR53/58A) Pursuant To
Agreement for Construction Services (Erosion Control/Revegetation) and authorize Chair to sign — All
Cowboy Erosion Control, 13) Consider Work Order Form (Flood Repairs - EM-BR13/26A) Pursuant To
Agreement for Construction Services and authorize Chair to sign — All Cowboy Erosion Control, LLC,
14) Consider Work Order Form (Flood Repairs - EM-BR61/54A) Pursuant To Agreement for
Construction Services and authorize Chair to sign — All Cowboy Erosion Control, LLC, and 15)
Consider Work Order Form (Flood Repairs - EM-BR54/41A) Pursuant To Agreement for Construction
Services and authorize Chair to sign — All Cowboy Erosion Control, LLC. Seconded by Commissioner
Garcia, the motion carried unanimously.
E CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
ei Minutes, March 17, 2014 2014-0814
Page 1 BC0016
PRESENTATIONS:
IR 1) RECOGNITION OF SERVICES, ASSESSOR'S OFFICE - JANIS WILLIAMS: Chair
Rademacher read the certificate into the record. Christopher Woodruff, Weld County Assessor,
accepted the award on Ms. Williams's behalf, stating she was especially talented dealing with the
senior tax exemption and it was wonderful working with her. The Board thanked Ms. Williams for her
years of service to the resident's of Weld County.
e PUBLIC INPUT: No public input was given.
BIDS:
e 1) PRESENT BID #61400050, TREE TUB AND GRINDING SERVICES - DEPARTMENT OF
PUBLIC WORKS: Trevor Jiricek, Director of General Services, said there is only one vendor for this bid
and it will be brought back with a recommendation from staff on March 31, 2014; however, he noted
that Public Works is going to re-examine this item, due to the lack of competitive bids. In response to
Commissioner Conway, Mr. Jiricek said many of the larger companies did not like the on-call aspect
and are inundated with work. He said that Curtis Hall, Department of Public Works, noted they may
look at hauling to a processing facility as a 'Plan B'. Chair Rademacher mentioned perhaps staff could
explore the possibility of a partnership with CDOT, as they are also doing a great deal of this work right
now.
El 2) PRESENT BID #B1400064, LGP DOZER - DEPARTMENT OF PUBLIC WORKS/MINING
DIVISION: Mr. Jiricek said there are two vendors for this bid and it will be brought back with a
recommendation from staff on March 31, 2014. In response to Commissioner Conway, Mr. Jiricek said
the bid specifications included used equipment as well as new.
NEW BUSINESS:
IE 1) CONSIDER THREE (3) EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of
Department of Human Services, explained Employment Services of Weld County is requesting
expenditure authorization for three programs, as detailed in her memorandum, which she reviewed for
the record. Commissioner Garcia moved to approve said expenditure authorizations and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
le 2) CONSIDER FIRST AMENDMENT TO MASTER CONTRACT WITH COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Mark
Wallace, Director of Department of Public Health and Environment, explained this amendment
encompasses three modifications, which he reviewed for the record. Commissioner Garcia moved to
approve said amendment to master contract and authorize the Chair to sign. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
IR 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (E9521220) - XTREME
DRILLING AND COIL SERVICES: Mr. Woodruff, said the following items are related, and pertain to
drilling rigs (business personal property) which were originally overstated in value, noting the applicant
has three years to make those corrections, and, after reconsideration, his office recommends a a
refund of$62,412.78 for 2012. Commissioner Conway moved to approve said refund. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
e 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (E9521223) - XTREME
DRILLING AND COIL SERVICES: Mr. Woodruff stated this is a similar overstatement of value of the
original cost of the equipment for a drilling rig, and recommended approval of a refund in the amount of
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Page 2 BC0016
$12,495.56. Commissioner Garcia moved to approve said refund. The motion was seconded by
Commissioner Conway, and it carried unanimously.
El 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (E9521222) - XTREME
DRILLING AND COIL SERVICES: Mr. Woodruff stated this is a similar overstatement of value of the
original cost of the equipment, and recommended approval of a refund in the amount of $11,758.23.
Commissioner Conway moved to approve said refund. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
e 6) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — 35TH AND 37TH, LLC:
Mr. Woodruff stated this is in regard to three vacant lots adjacent to commercial property for years 2011
and 2012, using data from 2009 and the first half of 2010. He reviewed the initial valuation process and
reviewed comparable sales/range in price. A value of $8 a square foot base value was calculated and
then a 47 percent discount for undeveloped land was applied to that amount. He stated staff
reexamined the comparables, and were not persuaded by the data provided by the applicant due to
discrepancies. El Carol Hughett, Stevens and Associates, represented the petitioners via telephone
conference call, and stated she has not received a copy of the Assessor's materials, and was told these
would be provided to her after the hearing. She questioned the absorption rate and commented the
owner was compelled to purchase these lots in 2003, and has been trying to sell the parcels since that
time without success, or any interest in them whatsoever. She suggested that looking at the decreased
current value for 2013 and 2014. Mr. Woodruff noted there was a huge dro -off in values during that
period, so it makes sense from that point that the value dropped so much. PA Commissioner Conway
noted the Board of County Commissioners also sits as the Board of Equalization, and he could confirm
q
Mr. Woodruff's comments that people were being told during the `Great Recession' that one that cycle
past, the valuation would drop dramatically. Ms. Hughett said that they tried to look at land sales in the
immediate area, and asked that the Board take into to account the property has not sold since 2003.
e Commissioner Garcia moved to approve the recommendation of the Accessor's Office to deny the
abatement. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner
Conway concurred that the value seems fair, and noted the good news is that the taxes should be
greatly reduced in the new cycle, and Chair Rademacher concurred.
le 7) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WHITE PEAKS
PROPERTY, LLC: Mr. Woodruff said this is again for years 2011 and 2012, for a light industrial
property, with offices near Longmont; the building was built in 1998. He explained that the law allows
the assessor to go back five years for sales values. They were provided with an income pro forma, and
looked at all three approaches to value: cost approach, market (comparable sales) approach, and the
income approach. He explained how their value determinations were calculated, with the most fair and
reasonable value on the property, and recommended denial of the petition. Commissioner Freeman
moved to deny said petition. The motion, which was seconded by Commissioner Conway, carried
unanimously.
F) 8) CONSIDER MASTER LICENSE AND SERVICE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - HARRIS SYSTEMS USA, INC.: Ryan Rose, Director of the Department of Information
Technology, stated Harris is the owner and manufacturer of RealWare, the Weld County Assessor
application. It was reviewed by his department and the Weld County Attorney's Office and is in line
with the 2014 budget amount appropriated. Mr. Woodruff stated he appreciated the assistance of the
County's legal and information technology staff and said the Accessor's Office is happy with the new
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vendor selection they have made. Commissioner Conway moved to approve said license and service
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
e 9) CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN CRS 13 AND 15 (BRIDGE
REPLACEMENT): Janet Carter, Department of Public Works, reviewed the temporary road closure.
Commissioner Conway moved to approve said temporary road closure. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
e 10) CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN CRS 13 AND 15 (CULVERT
REPLACEMENT): Ms. Carter reviewed the temporary road closure. Commissioner Kirkmeyer moved
to approve said temporary road closure. The motion, which was seconded by Commissioner Freeman,
carried unanimously.
A1 11) CONSIDER TEMPORARY CLOSURE OF CR 86 BETWEEN CRS 39 AND 41: Ms. Carter
reviewed the temporary road closure for a culvert replacement. Commissioner Freeman moved to
approve said temporary road closure. The motion, which was seconded by Commissioner Conway,
carried unanimously.
12) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR54/41A) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ALL COWBOY
EROSION CONTROL: Dave Bauer, Department of Public Works, explained these next four items are
for erosion control on the work done last fall, and heavy construction will be on a separate work order.
He said they are acquiring estimates of the inspection costs today, and those will be separate work
orders. The amount per hour is in the contract and when the design is done the actual cost of th
e
project can be estimated. Commissioner Garcia moved to approve said work order form and authorize
the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
IE 13) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR13/26A) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ALL COWBOY
EROSION CONTROL: Mr. Bauer noted this is similar to the previous item. Commissioner Freeman
moved to approve said work order form and authorize the Chair to sign. The motion was seconded by
Commissioner Garcia, and it carried unanimously. Commissioner Kirkmeyer read out the total cost
amounts and the County match amounts for the record. It was noted these do not include the cost of
the inspection, and Mr. Bauer stated each inspection will be done individually with a work order.
e 14) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR61/54A) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ALL COWBOY
EROSION CONTROL: Mr. Bauer noted this is a FEMA project funded at 75 percent; worst case
scenario the County's match would be 25 percent (or less with additional state funding). Commissioner
Conway moved to approve said work order form and authorize the Chair to sign. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
la 15) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR54/41A) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ALL COWBOY
EROSION CONTROL: Mr. Bauer noted this is also similar to the above, but it is an FHWA Bridge.
Commissioner Freeman moved to approve said work order form and authorize the Chair to sign. The
motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway
noted the urgency to get ahead of a peak spring run-off, due to the exceptionally high snow pack.
Minutes, March 17, 2014 2014-0814
Page 4 BC0016
IR 16) CONSIDER RIGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE
AND AUTHORIZE CHAIR TO SIGN -ARMY CORPS OF ENGINEERS: Bob Choate, Assistant County
Attorney, explained this is a renewal of a previous agreement for the Atlas E Missile Silo Site right of
entry for environmental monitoring of the plume. He clarified there is no remediation involved at this
time. Commissioner Conway moved to approve said right of entry and authorize the Chair to sign. The
motion, which was seconded by Commissioner Garcia, carried unanimously.
e 17) SECOND READING OF CODE ORDINANCE 2014-5, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Bruce Barker, County Attorney, read the title for the
record. Mr. Choate explained this allows the Board to accept a Corporate Guarantee in lieu of other
collateral for improvements agreements in land use cases, with no changes since first reading. Chair
Rademacher opened the floor to public comment and none was forthcoming. Commissioner Kirkmeyer
moved to approve said code ordinance upon second reading. Seconded by Commissioner Conway,
the motion carried unanimously. Commissioner Kirkmeyer thanked staff for their work on this.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2014-5 was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: th , :o et, • �c� rims i�PY
Bo glaft Radema her, Chair
Weld County Clerk to the Board /
G` a AA_BY: <Leti
• /Barbara Kirkmeyer, Pro-Tern /
De• Clerk to the Bo. •o��p'��
+� Sean P. Conway
r ,ss, :Z
Mi<e Fre n
William F. Garcia
Minutes, March 17, 2014 2014-0814
Page 5 BC0016
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