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Home My WebLink About20141070.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 2, 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 2, 2014, at the hour of 9:00 a.m. Ci 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 Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of March 31, 2014, as printed. Commissioner Conway seconded the motion, and it carried unanimously. El AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to delete item #4) under NEW BUSINESS, and to pull item #1 under RESOLUTIONS from the CONSENT AGENDA and reconsider Emergency Bid #61400067, Bridges 53/58A, 54/41A, & 61/54A, Flood Repairs, awarded to Aisa Civil, Inc., on March 31, 2014 Seconded by Commissioner Garcia, the motion carried unanimously. El CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. PROCLAMATIONS: IE 1) CHILD ABUSE PREVENTION MONTH - APRIL, 2014: Chair Rademacher read the certificate for the record. Heather Walker, Department of Human Services, introduced Gwen Schooley, Executive Director of a Kid's Place, and Caroline Gillette, from the United Way, who have been doing prevention work for a number of years in Weld County. Ms. Walker also acknowledged Kathy Brown, as leader of this initiative. Ms. Walker said they appreciate everything the Board and the County does to support this program for children and families. Ms. Gillette concurred on behalf of the United Way and said the CASA program and Child Advocacy Centers are an integral part of solving this problem. Commissioner Garcia invited the Public to look into being a CASA volunteer. e Commissioner Minutes, April 2, 2014 2014-1070 �� Page 1 BC0016 Kirkmeyer said they are all considered part of Team Weld and spoke briefly about the Child Welfare Allocation Committee. The Board thanked all those who do this important work. 0 PUBLIC INPUT: Ryan Rose introduced the new Deputy Director of Information Technology, Sam Penn. Mr. Penn said he is excited to be a part of Team Weld and to make an impact through information services. He spoke briefly about his work history and time in Weld County. El Caitlyn Garcia, County resident and daughter of Commissioner Garcia, said she is here to learn more about government and thanked the Board for supporting 4-H. 0 COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported on attending last week's Colorado Counties, Inc. meeting, with Commissioner Freeman; there was an update from the CCI lobbyist on Senate Bill 93; there are 32 no votes, and Representative Sonnenburg, a primary sponsor of the bill, has pulled his support. Commissioner Conway invited the public to speak with their legislators on this issue, because there is a good opportunity to kill this bill and protect private property rights. El Commissioner Kirkmeyer announced that next Wednesday, April 9, 2014, a concurrent resolution will come before the House State Veterans, and Military Affairs Committee, which Representative Sonnenburg is carrying, regarding rural and balanced representation for each County (also known as the Phillips County idea, where it originated, and a by-product of the 51st State initiative). e Commissioner Freeman announced that tomorrow at 11:00 a.m. Fort Vasquez has invited the Board to raise the Weld County flag alongside the Colorado and U.S. flags on three new flagpoles. BIDS: 0 1) PRESENT BID #B1400065, ROOF TOP UNIT - 1402 BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Marcia Walters, Department of Purchasing, said there are three vendors and this will be brought back before the Board with a staff recommendation on April 16, 2014. NEW BUSINESS: 0 1) CONSIDER ADOPTION OF LIMITED ENGLISH PROFICIENCY (LEP) PLAN, ANTI-DISPLACEMENT/ RELOCATION PLAN, AND CITIZEN PARTICIPATION PLAN AND AUTHORIZE CHAIR TO SIGN: Don Warden, Interim Director of Finance and Administration explained this is housekeeping for the Community Development Block Grant for disaster recovery and also the Spanish Colony project; after further review of the requirements it was noted this item needed to be updated. He explained the requirements, and noted the County is now in full compliance. Commissioner Garcia thanked Mr. Warden and Elizabeth Relford, Department of Public Works, for their work on this and for assisting the Spanish-only speakers at the Spanish Colony site. Commissioner Freeman moved to approve said plans and authorize the Chair to sign. Commissioner Conway seconded the motion and it carried unanimously. e 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MAYO PROPERTIES, LLC: Christopher Woodruff, Weld County Assessor, reviewed the history of this request for 2011 and 2012, and recommended denial of this petition. Commissioner Conway stated the assessor has been careful and comprehensive, and the property was valued lower than the sales price; therefore, he is in support of his decision. Commissioner Conway moved to approve staff's recommendation and deny the petition. The motion was seconded by Commissioner Garcia, and it carried unanimously. CI Commissioner Conway also mentioned Mr. Woodruff was unanimously nominated for another four years as County Assessor, so he will run unopposed in the upcoming primary election. Minutes, April 2, 2014 2014-1070 Page 2 BC0016 O 3) CONSIDER CONSENT TO ENFORCEMENT OF 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE POUDRE VALLEY FIRE PROTECTION DISTRICT: Bruce Barker, County Attorney, said this item was considered in a work session last week; the changes have been reviewed and he recommended approval. Commissioner Kirkmeyer moved to consent to enforcement of resolution. Commissioner Conway seconded the motion and it carried unanimously. e 4) CONSIDER APPOINTMENT OF DONALD DUNKER, AS COUNTY ENGINEER, AND TOM PARKO, AS THE LOCAL GOVERNMENT DESIGNEE (LGD) FOR THE COLORADO OIL AND GAS CONSERVATION COMMISSION, AND DIRECT TRANSFER OF TWO ENGINEER POSITIONS FROM THE DEPARTMENT OF PUBLIC WORKS TO THE DEPARTMENT OF PLANNING SERVICES: Donald Dunker, introduced himself and talked briefly about his local ties and work history. Commissioner Conway congratulated Mr. Dunker on his promotion to County Engineer, commended him for his work, including the 2013 Flood Event, and stated his belief Mr. Dunker will do a great job. Commissioner Kirkmeyer commended him for his work on the HARP Projects and the recent Spanish Colony project, and concurred he is a valuable part of Team Weld County. The Board expressed their enthusiasm for this decision. Tom Parko also spoke about his new role working with the oil and gas industry. Commissioner Conway said having the LGD at the Department of Planning Services makes a lot of sense. Commissioner Freeman said this gives the County a better opportunity to communicate earlier in the process with the oil and gas companies and also to know ahead of time where the development is headed. Commissioner Kirkmeyer stated that she and the former Assistant District Attorney came up with the idea of creating this position in 1995, and she is glad that it is finally happening; this is an opportunity for Weld County to be more engaged. Commissioner Garcia noted this will streamline the current process for an applicant and the County has been working on improving that for many years. Commissioner Conway moved to approve said appointments and transfers. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 5) CONSIDER MAINTENANCE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ACCELA, INC.: Ryan Rose, Information Technology, explained this is a five-year annual maintenance agreement with an option for annual renewals, and the scheduled future upgrade was incorporated into the annual maintenance which will save County funds. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner Kirkmeyer noted Mr. Rose has been doing a great job reviewing IT maintenance contracts and agreements. • 6) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S31, T1 N, R66W - 3.8541 ACRES) AND AUTHORIZE CHAIR TO SIGN - SYNERGY RESOURCES CORPORATION: Esther Gesick, Clerk to the Board, said these next three leases were acquired in 1896 via a quit claim deed from the Union Pacific Railroad. Ms. Gesick reviewed the acreage and the bonus amount and she reviewed the standard terms of the lease. Commissioner Conway moved to waive said bid procedure, accept offer to lease, and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. G 7) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S31, T1 N, R66W - 1.7970 ACRES) AND AUTHORIZE CHAIR TO SIGN - SYNERGY RESOURCES CORPORATION: Ms. Gesick reviewed the acreage and the bonus amount. Commissioner Garcia moved to waive said bid Minutes, April 2, 2014 2014-1070 Page 3 BC0016 procedure, accept offer to lease, and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. El 8) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S31, T1 N, R66W - 1.8205 ACRES) AND AUTHORIZE CHAIR TO SIGN - SYNERGY RESOURCES CORPORATION: Ms. Gesick reviewed the acreage and the bonus amount. Commissioner Freeman moved to waive said bid procedure, accept offer to lease, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 9) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S2, T4N, R68W - 2.693 ACRES) AND AUTHORIZE CHAIR TO SIGN - SYNERGY RESOURCES CORPORATION: Ms. Gesick reviewed the acreage and the bonus amount. Commissioner Garcia moved to waive said bid procedure, accept offer to lease, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 10) RECONSIDER EMERGENCY BID #61400067, BRIDGES 53/58A, 54/41A, AND 61/54A: Commissioner Conway moved to reconsider Emergency Bid #61400067. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Ms. Gesick explained this bid was awarded to AISA Civil, Inc. for three bridges; however, two have been taken off the table due to changes in funding. Rich Hastings, Department of Public Works, clarified that bridge 61/54A will be retained and moved forward. Commissioner Kirkmeyer moved to reject the bids for Bridges 53/58A and 54/41A, and retain the bid for 61/65A, with direction to staff to calculate the appropriate dollar amounts. Commissioner Conway seconded the motion and explained funding approval from the Federal Highway Administration has been held up, because instead of following emergency disaster rules, they are applying the general rules - with requirements in addition to the competitive bid process. He said starting this bid process over could jeopardize getting these bridges ready before the spring run-off, and, in fact, only five projects have been approved for flood repairs in the entire state, although staff at the county level have done all the work they needed to do to obtain the funding. Commissioner Conway noted Governor Hickenlooper will hear about this issue when he visits on April 17, 2014. because this is unconscionable; there may be serious consequences due to inaction and bureaucratic delay, but hopefully the spring run-off will not be as high as expected. Commissioner Rademacher concurred. There being no further discussion, the motion carried unanimously. Minutes, April 2, 2014 2014-1070 Page 4 BC0016 PLANNING: 1) IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #897 - AGGREGATE INDUSTRIES - WCR, INC.: Mr. Hastings reviewed the project and agreement, noting Aggregate will mine on the north side of O Street and transport the material across or perhaps under the road. Commissioner Conway moved to approve said agreement, accept collateral, and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. 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 10:03 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d�.t t1 , ,,/ r L�)(ate daVI.6 cif A/ [iduwV cDDDDD66666uuuuuglastRademac er Chair Weld County Clerk to the Board c LLL s Liej)L1-,( • 1 Barbara Kirkmeye , Pro-Tem 7 BY: Depu f Clerk to the Board �� ► 4i �� n P. Conway 1061 eFre an William . Garcia Minutes, April 2, 2014 2014-1070 Page 5 BC0016 Hello