HomeMy WebLinkAbout20140889.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 19, 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 19, 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 - EXCUSED
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
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 17, 2014, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
(Clerk's Note: Recording begins here.)
PRESENTATIONS:
El 1) CITY OF EVANS - PLAQUE OF APPRECIATION TO WELD COUNTY FOR FLOOD
RECOVERY EFFORTS IN CONJUNCTION WITH NATIONAL FLOOD AWARENESS WEEK:
Lyle Achziger, Mayor of Evans, presented the Board with a plaque and framed letter of appreciation for
their assistance in the recent disaster and in honor of National Flood Awareness Week, as declared by
the National Oceanic and Atmospheric Administration. Mr. Achziger read the letter into the record,
which expressed Evans' gratitude to the Weld County Commissioners and other County staff for their
pro-activeness and support. Chair Rademacher said this event crossed jurisdictional lines and the
whole County pulled together. E Commissioner Garcia reminisced about the day of the flood and
presented Weld County's 'Challenge Coins', printed to commemorate the flood, to the Mayor and his
executive staff. He said this event demonstrates the importance of Intergovernmental Agreements,
cooperation and collaboration. El Commissioner Conway said he recently met with the Evans staff
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and City Council and talked about what has been accomplished and still needs to be accomplished and
viewed an 'Evans Flood' documentary video. He thanked Evans' staff for their extraordinary service to
their citizens and for being a part of 'Team Weld County,' Commissioner Freeman also noted the
help received from oil and gas companies and the Mayors and staff of the unaffected towns in the
County. Mayor Achziger said there is an event tonight at Evans City Hall and preparedness training on
Saturday for Flood Awareness Week.
e PUBLIC INPUT: Doug Meyers, County resident, thanked the Commissioners regarding his
parents recent USR and noted the water table on his property is very high. CI Commissioner
Rademacher said that the water tables are high all over Weld County. a Commissioner Conway
talked about the Board's work around water legislation since 2012; the Board is committed to a long-
term solution and objects to Court interventions based on assumptions. He referred to the rising
aquifer and pursuing solutions to alleviate the high water tables, and the formation of the Groundwater
Coalition. Mr. Meyer said that these decisions need to be made at the local level.
(Clerk's Note: Commissioner Kirkmeyer present at 9:21 a.m.)
ID COMMISSIONER COORDINATOR REPORTS: Commissioner Conway referred to a productive
meeting with Congressman Jared Polis, he said the business community was well represented, and he
is pleased to report that Congressman Polis committed to assist with the effort to get 1-25 on the
appropriations bill, so now there are three legislators behind this push. El Commissioner Kirkmeyer
also spoke in regard to Polis's support of the 1-25 Coalition. She said they had meetings with Senator
Bennet and Congressman Gardner on that issue, and last week they had a conference call with Matt
Sturgis, of the Transportation Subcommittee, and discussed a national freight mobility plan looking at
corridors specific to the delivery of goods and services; of which 1-25 could be an important part.
BIDS:
El 1) APPROVE BID #B1400060, MOSQUITO SURVEILLANCE - DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT: Trevor Jiricek, Director of General Services, said staff is
recommending approval of the sole bid from Colorado Mosquito Control, as they been the County's
contractor for the last three years without raising their rates and are doing an excellent job, and the
County was not satisfied with the past performance of the only other available vendor. Commissioner
Conway moved to approve said staff recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously.
OLD BUSINESS:
ID 1) CONSIDER AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND FINAL
RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-594 - TODD
MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS (CON'T FROM 3/12/2014): Rich Hastings,
Department of Public Works, explained this item was continued in order to get all three HOA property
owner's signatures; this changes the internal road maintenance from public to private and releases the
collateral for Lot 1, which is for sale, and he recommended approval. Commissioner Conway moved to
approve said amendment and release of collateral. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
Minutes, March 19, 2014 2014-0889
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NEW BUSINESS:
1) CHANGE ORDER #1 TO CONTRACT FOR CENTENNIAL RESTROOM REMODEL (BID
#B1300193) AND AUTHORIZE CHAIR TO SIGN - DS CONSTRUCTION, LLC: Toby Taylor,
Department of Buildings and Grounds, explained the purpose of this change order is the addition of a
remodel to expand some offices needed by the Department of Information Technology to the work
already contracted. Commissioner Kirkmeyer moved to approve said change order. The motion, which
was seconded by Commissioner Garcia, carried unanimously. Commission Conway said this order
makes fiscal sense; it will allow the work to be done quicker and cheaper than would otherwise be
possible.
HEALTH:
1) CONSIDER APPEAL CONCERNING DECISION OF THE BOARD OF PUBLIC HEALTH TO
REVOKE A WELD COUNTY SEPTIC HAULERS LICENSE - B&J SEPTIC SERVICES, LLC: Lauren
Light and James Taloumis, Department of Public Health and Environment, presented the history
leading up to the revocation and subsequent appeal: On February 25, 2014, the Board of Public Health
revoked this license due to the outstanding requirement of wastewater treatment logs which were not
submitted for several years running. Ms. Light said the last letter requesting the logs was sent certified
and signed for a month before the hearing, but the applicant did not show up or present the required
logs. She said Craig Carmon said his grandfather signed for the letter and he did not receive it because
of a change of address, but the department was not noticed of the address change. Mr. Carmon did
supply all the requested logs two days after the Board of Public Health Hearing. Ms. Light explained
the Board of Public Health may decide to reinstate the license next Tuesday. Ms. Light said Mr.
Taloumis will now be tracking these logs closely for the time being. In response to Commissioner
Conway, Ms. Light expressed her understanding that the purpose of this hearing is to determine
whether or not the Board of Public Health made the appropriate decision. Commissioner Kirkmeyer
said the Board of County Commissioners also sits as the Board of Health, and the Board of Public
Health, as an advisory board, does not have the authority to suspend a license. Brad Yatabe, Assistant
County Attorney, said that under the Weld County Code that power was delegated to the Board of
Public Health by the Board of County Commissioners. Commissioner Rademacher clarified that the
Commissioners sit as the Board of Health, and the final decision should have come before them. There
was further discussion of the delegation of authority. Commissioner Conway confirmed that if there is a
disagreement with their findings this Board has the final determination, but the Board of Public Health
does have authority to revoke licenses, and Mr. Yatabe concurred.
Mr. Carmon, said he regretted ignoring the requests for the logs, but when he signed up for his
license in June of 2011, he misunderstood what was required. He stated he would like to get back to
work and would appreciate reinstatement of at least a temporary license and another chance to
conform to all regulations. He noted his grandfather and father ran the business previously; it was
begun in 1972. Ms. Light told the Board she did not have records for the previous management of the
business. El In response to Commissioner Garcia, Mr. Carmon said that McDonald Farm was the
keeper of those cleaner logs, which were submitted by them electronically the day after he received the
certified letter. Mr. Yatabe said if the Board of Public Health had had the logs to consider, they might
have made a different decision. Commissioner Kirkmeyer said as the Board of Health, the
Commissioners have the authority to overturn that decision at this time. Commissioner Conway said he
was in favor of that, since Mr. Carmon came into compliance. Mr. Taloumis confirmed the logs have
been reviewed as complete and satisfactory. El Mr. Yatabe said the new evidence could be taken
into account, and it meets the standards re uired for granting/reinstating the license and waiving the
decision of the Board of Public Health. t1 Commissioner Garcia deemed the evidence to meet
standards and moved to waive the decision of the Board of Public Health to approve said appeal and
Minutes, March 19, 2014 2014-0889
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reinstate said license. The motion was seconded by Commissioner Conway, and it carried
unanimously. Mr. Carmon thanked County staff for being understanding and helpful with his situation.
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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:51 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED DATE OF APPROVAL
,6tI��J ;� Douglas Rademacher, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
BY l
De W1 Clerk to the Board Barbara Kirkmeyer, Pro-Tem/� ��
■ 1 i-'�`n P. Conway
1161
1'eFre
William . Garcia
Minutes, March 19, 2014 2014-0889
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