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RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 14, 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, April 14, 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
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 9, 2014, as printed. Commissioner Garcia seconded the motion, and it
carried unanimously.
IE CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on April 9, 2014, as follows: 1) USR14-0001 - Gordon Weichel, do Grady Weichel,
and 2) USR14-0004, State Board of Land Commissioners, c/o Bonanza Creek Operating Company
LLC. Commissioner Freeman seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: Commissioner Conway moved to add, as items 1 and 2, under
New Business: 1) Consider Removal of Karen Rademacher, Lucile Arnusch, Jacqueline Maslow, Brian
Larson, Claud Hanes, and Stan Sameshima from the Board of Trustees of the High Plains Library
District, and 2) Consider Ratification of Appointment of Nominees to The Board of Trustees of the
High Plains Library District to Fill Vacant Positions. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
IR CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
I Minutes, April 14, 2014 2014-1197
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PROCLAMATIONS:
E 1) NATIONAL TELECOMMUNICATIONS WEEK -APRIL 13-19, 2014: Chair Rademacher read
the certificate for the record. Michael Wallace, Director of Public Safety Communications, and
members of the Public Safety Information Services staff, accepted this award. Mr. Wallace said it has
been an important year: opening a new center, incorporating a new IT department and raising the bar
for service. Commissioner Kirkmeyer thanked the staff for their work, saying a lot has been
accomplished in the past year, and she noted the new center opened immediately prior to the 2013
Flood Emergency. Commissioner Conway concurred, stating the transition, the towers going live,
improving safety telecommunications, and the facility upgrades, were all done well. Commissioner
Rademacher also concurred, noting Weld County has the second largest state-of-the-art center in
Colorado.
e PUBLIC INPUT: No public input was given.
BIDS:
El 1) PRESENT AND APPROVE EMERGENCY BID #61400086, BRIDGE 9.5/25.5A FLOOD
REPAIRS - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services,
reported that staff is recommending the low bid from Flat Iron Constructors for emergency approval.
Clay Kimmi, Department of Public Works, explained this is for the temporary repair of the drop structure
and of the right-of-way/embankment that was washed out during the flooding. Commissioner Garcia
noted that the low bid was lower than the engineer's estimate, and Mr. Kimmi clarified they do not
expect any change orders, and the original estimate was revised following real-work experience on
other projects. In response to Commissioner Conway, Mr. Kimmi confirmed this project will be finished
prior to the spring runoff. In response to Commissioner Rademacher, Mr. Kimmi said although this is
the first time doing business with Flat Iron they are a large company and have an excellent reputation.
Commissioner Conway moved to approve said bid on an emergency basis as recommended by staff.
Seconded by Commissioner Garcia, the motion carried unanimously.
El 2) PRESENT BID #81400049, 2014 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek said there is one vendor, and this will brought back on April 28, 2014, with a
recommendation from staff. He noted this is very specialized work and there are only a couple qualified
companies available in the state.
OLD BUSINESS:
1) CONSIDER ACKNOWLEDGING CANCELLATION OF TAX LIEN SALE CERTIFICATE
(TS CERT 2005-0668) FOR PARCEL #053933103007 (con't from 4/14/14): John Lefebvre, Treasurer,
explained the purpose of this cancellation for a junior lien holder. He explained staff is requesting formal
approval from the Board in order to have a record of the transaction, even though it is not required.
Commissioner Garcia moved to acknowledge said cancellation. Seconded by Commissioner Freeman,
the motion carried unanimously.
NEW BUSINESS:
E5 1) REMOVAL OF KAREN RADEMACHER, LUCILE ARNUSCH, JACQUELINE MASLOW,
BRIAN LARSON, CLAUD HANES, AND STAN SAMESHIMA FROM THE BOARD OF TRUSTEES OF
THE HIGH PLAINS LIBRARY DISTRICT: Bruce Barker, County Attorney, briefly explained the purpose
of this resolution and referenced an attached letter from Don Warden, Director of Finance and
Administration, also explaining the 'good cause' behind this action. He said this has circulated among
the library district governing bodies. The first resolution addresses the removal, the second is
ratification of the nominations put forth as immediate replacements. Mr. Barker referred to the bylaws
Minutes, April 14, 2014 2014-1197
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of the trustees not having a statement of 'good cause', but referring to the pertinent statute.
Commissioner Conway noted this resolution was referred to the Board via a meeting of the 6 out of 7
entities. Mr. Barker referred to the meeting of the nomination committee (made up of two persons from
each legislative body representing the establishing entities).
Troy Mellon, Town of Johnstown Council member, noted that Johnstown was not a founding
member of the District, but has an arrangement with the district and explained his disappointment over
unfortunate dealings with the current Board. Mr. Mellon gave a brief history of the founding of the
Glenn A. Johnson Memorial Library, joining the library district, their cost-sharing agreement, and issues
along the way. He said that in 2011, they were sued by the Library Board and accused of acting
illegally by taking lands annexed to Johnstown out of the district in order to avoid the double-taxation of
those citizens, but they prevailed in a summary judgment in District Court; he read an excerpt from that
decision describing the suit as frivolous, which was upheld in the Court of Appeals. The district then
filed an appeal with the Colorado Supreme Court, where it stands now. He expressed the Town's
feeling that they have been ill-treated by this and the other actions mentioned and said the Town Clerk
estimates the Town has spent $55,503.40 from the general funds defending itself against this litigation
in the last fiscal year. Commissioner Kirkmeyer thanked him for coming here today and giving a
detailed account of this issue. Commissioner Conway confirmed that at no time did the District's
Director or the Trustee ever reach out to discuss the issue prior to filing a lawsuit. Mr. Mellon confirmed
he has never met the Director. Commissioner Conway reported that he was told that the Library Board
also expended $25,000 on this litigation.
El Commissioner Rademacher said he would recuse himself from this vote because he has a family
member on the Board. Commissioner Kirkmeyer reported she received a letter from an attorney
representing the High Plains Library Board which threatened to sue the Board of County
Commissioners if this resolution is passed, which is egregious, frivolous and groundless. She said that
emails sent by Janine Reid cite grossly erroneous facts. She reviewed the history of events which
prompted this action and she reviewed her communication with communities and individuals regarding
their displeasure in dealing with the High Plains Library District. She reviewed a history of the meetings
with member library boards, and with the High Plains Library District and their legal representation,
informing them of the ongoing problems. She referred to an incident with the nomination selection
committee and the selection process. She said in January there was a two-hour discussion of how to
solve these problems and move forward. Commissioner Kirkmeyer reviewed the membership of the
subcommittees and the discussion of the bylaws, which had a provision that was not in compliance with
the State statute. She said there was a fifth meeting last week, and is disappointed that, after a full
year of discussion and facilitation, the District still sent a negative Intergovernmental Agreement to the
Town of Ault. She acknowledged Greeley may have been getting excellent services from the library
district; however, the other five members have been frustrated for several years. In conclusion, she
said they are seeking a solution that best serves ALL the residents of Weld County, which requires this
drastic action. El Commissioner Freeman concurred and said, after discussions with the Mayors of
Eaton, Ault and Johnstown, and others, he feels the Library District Board's behavior has been
appalling and he does not see an alternative to dissolving this Board. a Commissioner Conway
concurred, saying that the Board of legislative bodies has been trying to resolve these issues for over a
year. He noted Greeley was the only community that did not participate in December's meeting and
that the good-will generated by that meeting was subsequently spoiled. He noted that Don Warden,
Interrim Director of Finance and Administration, determined that 74 percent of the revenue that
supports the High Plains Library District comes from communities outside of Greeley, and not only are
they being ignored, they are being sued for attempting to protect their funds and services. He said this
Board is taking a serious action, but suing instead of negotiating is also a serious action, and this
district needs to serve the entire district, and, in that, this Board is not doing their job; taxpayers want to
Minutes, April 14, 2014 2014-1197
Page 3 BC0016
pay for services not litigation. He stated the Commissioners have spent a great deal of time and effort
on this issue and hopes that a new Library Board will be willing to listen to its communities in a non-
threatening and non-litigious way. Commissioner Conway stated his support for the resolution, and his
disappointment that things have reached this point and noted this will be a topic of discussion when the
Greeley City Council meets with the Board next week. Fl Commissioner Garcia said the library is
extremely important to his family, thus it was hard for him to hear the Johnstown Mayor's story. He said
this is a difficult vote, because the people being removed from their positions are volunteers who have
given a great deal of time to the community; however, their decisions have been troubling.
Commissioner Freeman moved to approve said resolution for cause. The motion, which was
seconded by Commissioner Kirkmeyer, and upon a roll-call vote, the motion passed three to one, with
Commissioner Garcia opposed and Commissioner Rademacher abstaining. Commissioner Conway
reiterated that this resolution has, at its heart, a desire to return to mutual respect and cooperation in
the district and reiterated that no library services will be altered or impeded by this action.
to 2) RATIFICATION OF APPOINTMENT OF NOMINEES TO THE BOARD OF TRUSTEES OF
THE HIGH PLAINS LIBRARY DISTRICT TO FILL VACANT POSITIONS: Commissioner Kirkmeyer
moved to ratify the appointments of the following nominees: Tommy Holton to serve the remainder of
the term for Karen Rademacher, Mike Simone to serve the remainder of the term for Lucile Arnusch,
Scott Moser to serve the remainder of the term for Jacqueline Maslowe, Butch White to serve the
remainder of the term for Brian Larson, Mike Freeman to serve the remainder of the term for Claud
Hanes, Ray Patch to serve the remainder of the term for Stan Sameshima and Tom Norton to fill a
vacant position. Commissioner Conway seconded the motion. El Commissioner Garcia expressed
concern that, as a nominee, Mayor Norton, of Greeley, had not demonstrated enough interest in the
district to warrant a place on the Board. Commissioner Kirkmeyer said, with regard to the selection
committee that met last week, that this is an interim way to deal with the problem with the intention that
each library community be represented. She said if Major Norton does not accept the nomination, the
committee has the option to meet again and discuss a new one; however, Mayor Norton has attended
some of the past meetings and has background regarding what has previously transpired, which is
what the committee was looking for. Fl Commissioner Freeman concurred, noting that if there are
only six board members, that should be enough, and these nominees will all likely resign in a relatively
short time frame to be replaced by new and permanent ones. Commissioner Garcia said the Board will
inform the Mayor he will be expected to perform his duties if he accepts the nomination. Commissioner
Conway explained these names were set forth by a nominating committee and referred to all seven
entities that govern the High Plains Library District. Mr. Barker explained a `quirk' in the Statute and
gave his interpretation of the intended meaning of that section.
ID 3) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -A WOMAN'S
WORK, INC.: Brad Yatabe, Assistant County Attorney, explained this is an annual fundraiser and silent
auction for a philanthropic non-profit, and will be held at this private residence for the first time. He
added that, since no temporary assembly permit is required, the Clerk to the Board went above and
beyond by informing surrounding residents of the event and he recommended approval. Commissioner
Freeman moved to approve said permit and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, April 14, 2014 2014-1197
Page 4 BC0016
El 4) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID
(CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN -
ADAMS COUNTY: Mark Ward, Coroner, presented the following IGAs with other northeast counties for
coroner services in the event of a mass fatality event. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
E 5) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID
(CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN —
BOULDER COUNTY: Commissioner Kirkmeyer moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 6) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID
(CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN —
LARIMER COUNTY: Commissioner Kirkmeyer moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously.
7) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID
(CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN -
LOGAN COUNTY: Commissioner Conway moved to approve said agreement and authorize the Chair
to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
E 8) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL AID
(CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE CHAIR TO SIGN -
MORGAN COUNTY: Commissioner Kirkmeyer moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously.
9) CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN STE HWY 52 AND CR 8:
Janet Lundquist, Department of Public Works, reviewed this temporary road closure for a culvert
replacement. She said there will message boards in advance. Commissioner Conway moved to
approve said temporary road closure. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
Fl 10) CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN STE HWY 52 AND CR 18:
Ms. Lundquist reviewed this temporary road closure for a culvert replacement. This is a HARP project.
Commissioner Freeman moved to approve said temporary road closure. The motion, which was
seconded by Commissioner Conway, carried unanimously.
Fl 11) CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 17 AND 9: Ms. Lundquist
reviewed this temporary road closure for a culvert replacement. There will message boards in
advance. Commissioner Garcia moved to approve said temporary road closure. The motion, which
was seconded by Commissioner Conway, carried unanimously.
ER 12) CONSIDER TEMPORARY CLOSURE OF CR 69 BETWEEN U.S. HWY 34 AND CR 380:
Ms. Lundquist reviewed this temporary road closure for a culvert replacement. This is an isolated
roadway, with few alternate routes, so there are message boards in advance. Commissioner Freeman
moved to approve said temporary road closure. The motion, which was seconded by Commissioner
Garcia, carried unanimously.
Minutes, April 14, 2014 2014-1197
Page 5 BC0016
El 13) CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN STE HWY 52 AND CR 8: Ms.
Lundquist reviewed this temporary road closure for a culvert replacement. There will message boards
in advance. Commissioner Freeman moved to approve said temporary road closure. The motion,
which was seconded by Commissioner Conway, carried unanimously.
F 14) CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 41 AND 43: Ms. Lundquist
reviewed this temporary road closure for a bridge redneck. Commissioner Freeman moved to approve
said temporary road closure. The motion, which was seconded by Commissioner Conway, carried
unanimously.
F 15) CONSIDER LEASE AGREEMENT FOR LUPTON BOTTOM DITCH SHARES AND
AUTHORIZE CHAIR TO SIGN - MILLER FARMS: Mr. Kimmi said this is a formal annual lease
agreement, and Miller Farms was the only bidder for two shares. Commissioner Kirkmeyer thanked
Mr. Kimmi and Mr. Jiricek of their work on this, and Commissioner Rademacher concurred.
Commissioner Kirkmeyer moved to approve said lease agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
E 16) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND
AUTHORIZE CHAIR TO SIGN — JUANITA MCCAULEY: Leon Sievers, Department of Public Works,
explained this is for a federally funded RAMP project and reviewed the compensation. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. Commissioner Conway
seconded the motion and it carried unanimously.
F-1 17) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND
AUTHORIZE CHAIR TO SIGN - JAMES AND BETSY KLEIN: Mr. Sievers reviewed this agreement,
which is similar to the previous item. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Commissioner Freeman seconded the motion and it carried unanimously.
F 18) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND
AUTHORIZE CHAIR TO SIGN - CENTENNIAL AG SUPPLY COMPANY: Mr. Sievers reviewed this
agreement, which is similar to the previous item, although considered commercial property.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Commissioner Conway seconded the motion and it carried unanimously.
F 19) CONSIDER CHANGE ORDER #1 FOR CR49/CR44 INTERSECTION PROJECT - DESIGN
CONTRACT AND AUTHORIZE CHAIR TO SIGN - S.E.H.: Richard White, Department of Public
Works, reviewed the purpose of the change order - 5.2 percent of the project total. Commissioner
Freeman moved to approve said change order and authorize the Chair to sign. Commissioner Conway
seconded the motion and it carried unanimously.
F 20) CONSIDER REAPPOINTMENTS AND APPOINTMENTS TO AREA AGENCY ON AGING:
Commissioner Conway moved to approve said reappointments and appointments. Seconded by
Commissioner Freeman, the motion carried unanimously. Commissioner Conway mentioned all the
new and reappointed board members were in attendance at the recent AAA Board meeting .
Minutes, April 14, 2014 2014-1197
Page 6 BC0016
E 21) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - MAXIMUS CONSULTING SERVICES, INC.: Barbara Connolly, Controller, explained Maximus
has prepared the county-wide cost plan submitted to the State for many years. She noted the price has
not increased for many years and recommended approval. Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Garcia, carried unanimously.
le 22) CONSIDER AMENDMENT OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE OIL
AND GAS ONSHORE, LP: Esther Gesick, Clerk to the Board, explained this is subject to a pooling
arrangement, but is so old that there was no pooling language in it, which is the purpose of the
amendment. Commissioner Freeman moved to approve said lease amendment and authorize the Chair
to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
F 23) FINAL READING OF WELD COUNTY CODE ORDINANCE #2014-6, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF
THE WELD COUNTY CODE: Commissioner Garcia moved to read by title only. The motion was
seconded by Commissioner Freeman, and it carried unanimously. Mr. Barker read the title for the
record. Mr. Jiricek reported no changes since second reading. Chair Rademacher opened the floor to
public input and none was forthcoming. Commissioner Conway moved to approve said code ordinance
on final reading. The motion was seconded by Commissioner Freeman, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2014-6 was approved on Final 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 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,/ •
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Jeio�!*�l�t�oug =s Radema• er, Chair
Weld County Clerk to the Boar.,' \� 'ado
USED DATE OF APPROVAL
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iii _ a •ara Kirkmeyer, Pro-Tem
BY-yep Clerk to the Board /
n P. Conway
Mike Fr
am F. Garcia
Minutes, April 14, 2014 2014-1197
Page 7 BC0016
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