HomeMy WebLinkAbout20132238.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 7, 2013
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 7, 2013, at the hour of 9:00 a.m.
Ca 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 5, 2013, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
$� CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification
of Hearings conducted on July 30, August 1 and 2, 2013, as follows: 1) Board of Equalization Hearings.
Commissioner Conway seconded the motion, which carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, WELD COUNTY PARAMEDIC SERVICE - GARY HOMYAK:
Chair Garcia read the certificate into the record; Mr. Homyak served as a paramedic in Weld County
from 1985-2012. Dave Bressler, Director of Paramedic Services for Banner Health, said Mr. Homyak
and Mr. Weber were in the retired working program and so had not yet been acknowledge for their
respective retirements. Mr. Bressler spoke about Mr. Homyak's years of service and his many
contributions to Weld County in addition to public safety. The Commissioners thanked Mr. Homyak for
his outstanding service.
9/5
Minutes, August 7, 2013 2013-2238
Page 1 BC0016
2) RECOGNITION OF SERVICES, WELD COUNTY PARAMEDIC SERVICE — RICK WEBER:
Chair Garcia read the certificate into the record. Mr. Bressler shared personal stories and noted that
Mr. Weber started the Air Life Golf Tournament years ago, which raises money to supply most of the
equipment on the helicopter, and has played in every one since. Mr. Weber said years ago, when he
started, he thought he would just be an EMT for a year or so; that was 1979. The Commissioners also
reminisced and thanked Mr. Weber for his years of service.
PUBLIC INPUT: Doug Meyer, County resident, spoke in regard to SB13-169, a bill regarding the
reintroduction of the endangered black -footed ferret in Colorado. He said, if they are doing this to
control the prairie dog problem, where they are introduced the ferrets just drive prairie dogs onto
someone else's land. He read Resolution No. 07-11, from the Logan County, Kansas, Board of County
Commissioners, which exercises local authority to block the reintroduction of species under the
Endangered Species Act. He noted there are expensive fines for injuring an endangered species and
addressed the issue of using Coordination. He also addressed the Clean Energy Act; he stated a great
deal of land is required for solar power and is inefficient and too expensive, and made similar
comments in regard to wind energy. Commissioner Conway concurred with Mr. Meyer that this
endangered species issue needs to be addressed and he encouraged Mr. Meyer to contact his state
legislators. Commissioner Conway told a story regarding the reintroduction of black -footed ferrets, and
said most reintroduction programs are unsuccessful, although well-meaning. Commissioner Kirkmeyer
clarified that over 400 bills passed in this session, but many more were introduced.
▪ COMMISSIONER COORDINATOR REPORTS: Commissioner Conway updated the Board on
the Island Grove Advisory Meeting; he said a group of citizens is hoping to build a new indoor arena.
First there is with an independent committee addressing operations and maintenance costs, as well as
other issues and questions. He reported that he and Commissioner Kirkmeyer attended the Bull's-eye
Mayor's Meeting, where they heard a presentation by the District Attorney, Ft. Lupton Police Chief
Kenneth Poncelow, and Jim Burack, Town Administrator of Milliken, on the Juvenile Diversion Program
and similar items. He also mentioned the groundbreaking for the new High Plains Library in Evans,
Colorado. He said himself and Commissioner Kirkmeyer had the opportunity to address 16
congressional staffers on the impacts and benefits of oil and gas in Weld County. Commissioner
Conway expressed his concern over a Greeley Tribune Editorial containing factual errors — he said the
assertion that many citizens at the recent meetings were opposed the idea about starting a new state is
completely wrong; over 400 citizens attended the meetings and public comment from a varied
demographic was at least 85 percent in favor of the idea.
NEW BUSINESS:
CH 1) CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN ST HWY 52 AND CR 18: Janet
Carter, Department of Public Works, reviewed the temporary road closure for a culvert replacement.
Commissioner Rademacher moved to approve said temporary road closure. The motion was
seconded by Commissioner Conway, and it carried unanimously.
• 2) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION IMPROVEMENTS
AT CR 55 AND ST HWY 392 AND AUTHORIZE CHAIR TO SIGN: Richard White, Department of
Public Works Engineer, explained that CDOT has prepared an IGA and will reimburse Weld County for
performing this work. In response to Commissioner Kirkmeyer, Mr. White said this agreement helps
with the budget, but there will be no redesign, and confirmed the work needs to be done before the end
of 2013. Commissioner Conway moved to approve said intergovernmental agreement and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, August 7, 2013 2013-2238
Page 2 BC0016
3) CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE
CHAIR TO SIGN - BRUCE SPARROW: Commissioner Kirkmeyer moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
El 4) CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND AUTHORIZE
CHAIR TO SIGN - MICHAEL WAILES: Commissioner Kirkmeyer moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher,
carried unanimously.
ta 5) CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO ADJOURN AS
BOARD OF EQUALIZATION FOR THE CALENDAR YEAR 2013: Commissioner Conway moved to
adjourn the Board of Equalization. Commissioner Kirkmeyer seconded the motion and it carried
unanimously. Chair Garcia said over 2,600 appeals were submitted this year and approximately 20
came before the Board of Equalization.
6) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT: Bob Choate, Assistant County Attorney,
explained how this relates to the following item, and explained there are issues on multiple properties.
Because the Simentals did not receive a separate notice for this item, Mr. Choate recommended a
continuance. Commissioner Rademacher moved to continue this matter until August 28, 2013.
Seconded by Commissioner Conway, the motion carried unanimously.
OLD BUSINESS:
In 1) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURERS OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ADOLFO AND BEATRICE SIMENTAL
(CON'T FROM 5/1/2013): Mr. Choate noted this matter was continued from May, in order to give the
Simentals additional time to take remedial actions, but they did not respond until very recently. This
property is now in compliance, the total amount remains the same, $3,850.00 and staff recommends
certification. Bethany Salzman, Zoning Compliance Officer, said that as of her inspection yesterday
both properties remain in compliance. She also explained that violations on this property have been
ongoing since 2006. Mr. Choate confirmed that he anticipates no further violations. In response to
Commissioner Conway, Ms. Salzman noted that the prohibited vehicle was on the property every time
she inspected. Commissioner Conway asked how the County knows that the vehicle was there for
every day a fee was assigned. Mr. Choate noted that the Simentals received significant due process
and referred to discussion about the amount of staff time spent on the case. Commissioner Conway
expressed concern that the County could eventually seize this property on account of a few thousand
dollars in fines. Commissioner Rademacher moved to certify said special assessment. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Chair Garcia noted that the County would
not seize the property but would place a lien on the property. Commissioner Conway said hopefully it
will not get to that point.
Minutes, August 7, 2013 2013-2238
Page 3 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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:04 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO U{ Ll-6OLORADO
Weld County Clerk to the Boa
can P. Conway
eThAlac-
Mike Freeman
rrbara Kirkmeyer
Minutes, August 7, 2013 2013-2238
Page 4 BC0016
Logan County, Kansas (Endangered Species Coordination Resolution)
RESOLUTION NO. n7- t
WI REAS the county has heard that there may be an attempt to introduce into. Logan
County, a specks of fen -et, or other species not indigenous to the County,
WHERLAS, the people of Lam County have the rigs to be advised of such planned
action and of the adverse or beneficial impact such action will have on them, their
economic stability, and their interest in maintaining a sound total environment,
WHEREAS, the Board of Logan County Commissionens have the obligation and
responsibility to represent the interests of the people, and the interest of Logan County as
a whole; in economic stability,, a sound environment, the local police powers left to the
County end the people under the le Amendment to the United States Constitution, and
to the g nerai heal€h, safety and welfare ofthe citizens of the County,
'WHEREAS, Logan County has the authority to serve the interests of its citizens under
the Endangered Species Act, particularly but not exclusively to Section 4 of the Act, by
requiring the United States Fish and Wildlife Service to consult with and coordinate with
the Board. of County Commissioners prior to any act of placing such species into the
county,
WEIEfaAS, the Board of County Commissioners have an obligation to its citizens to
exercised the local authority which is recognized by the Endangered Species Act,
particularly but not exclusively in Section 4 of the Act,
TEEREFORE IT S Iil'ElY RESOLVED by the Board of Logan County
Commissioners that no person or agency shall introduce into Logan County any one or
more black footed ferret or any one or more of any other species which is considered by
the Department of Fish and Wildlife or any other agency to be an endangered species, a
threatened species, or a sensitive species under the EndImgered Species Act and/or
federal rules and regulations promulgated to implement said Act, or any species not
indigenous to the County,
TT IS 'FURTHER RESOLVED that no person or agency shall bring into Logan County
for the purpose of creating, establishing, recreating or strengthening the habitat of any
one or more black footed ferret or any one or more of any other species which is
considered by the Department of Fish and Wildlife or any other agency to be an
endangered species or threatened d species or sensitive species ander the Endangered
Species Act and/or federal rules and regulations promulgated to implement said Act, or
any species not indigenous to Logan County,
IT IS FURTRER RESOLVED that by executing this Resolution, Logan County serves
notice on the Secretary of Interior and any and all persons and agencies under this
jurisdiction, and on any other Cabinet member Vale, has authority to act under the
Endangered Species Act, of the existence of Logan. County's policy against introduction
into the County of any one or more of black footed feet or any one or more of any other
species within the categories identified in this Resolution for purposes of creating,
establishing, recreating co- strengthening a habitat for said species within th County;
IT IS t^' NALLY SOLVED that by executing this Resolution, Logan County serves
notice to all the persons and agencies identified in the previous paragraph of this
Resolution of their obligation under the Endangered Species Act to notify Logan County
in advance of any planned action ideztifsed in this Resolution and to consult and
coordinate with the county prior to any such planned action, and of the County's
authority to insist upon such notice and consultation and coordination under Chapter 4 of
the Endangered Species .Act:
SIGNED AND DATED `1311S 19114 DAY OF NOVEMBER 2447.
Dou s Mackley, C irman
Carl T ich, Member
Robert K. Scott, Member
ATTEST: Pat Schippe,County Clerk
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