HomeMy WebLinkAbout20130231.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 21, 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, January 21, 2013, at the hour of 9:00 a.m.
El 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, Esther Gesick
Director of Finance and Administration, Monica Mika
El MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 16, 2013, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
Ei CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on January 16, 2013, as follows: 1) USR12-0068 — Richard and Joyce Van
Proosdy, and 2) USR12-0062 — RF Holdings, LLC. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
In AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, praised Commissioner Conway for his rebuttal to
comments made on the setbacks by Mr. Winkler. He also thanked the Sheriff for his position on the
gun issue and the Board for their position on Plan B and their recent Resolution opposing the new
setback rules, and stated his opinion that a scientific study is needed for these rules, as well as
compliance with federal law and economic impact reports.
IR CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
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Minutes, January 21, 2013 2013-0231
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El PRESENTATIONS:
1) RECOGNITION OF SERVICES, PARAMEDIC SERVICE — KATHY BAXLEY: Chair Garcia read the
certificate for the record. Dave Bressler, Director of Paramedic Services, reviewed Kathy's history with
the County (she worked for all three directors), thanking her for her outstanding service. The Board
thanked Kathy for her years of dedicated service, expertise, positive public interaction, and attention to
detail, as well as her years of community service. Ms. Baxley spoke about her time with the County
and how she looks forward to remaining active in the community.
E9 2) RECOGNITION OF SERVICES, PARAMEDIC SERVICE - DAVE BRESSLER: Chair Garcia
read the certificate for the record. The Board shared personal stories about Mr. Bressler, praised his
integrity, innovation, and professionalism, and noted the national recognition which the Weld County
Paramedics received thanks to his leadership. Mr. Bressler spoke about his years of service, and
thanked his great staff, as well as all the Boards and county staff that he has worked with. He asked
that the public take time to thank paramedics for the good work that they do.
NEW BUSINESS:
El 1) CONSIDER AMENDMENT TO CORE SERVICES PROGRAM PLAN: Judy Griego, Director of
Department of Human Services, described the scope and purpose of the amendments and asked for
approval. Commissioner Rademacher moved to approve said amendment. The motion was seconded
by Commissioner Freeman, and it carried unanimously.
ID 2) CONSIDER YOUTH CONSERVATION CORPS GRANT PROPOSAL: Ms. Griego described
the scope of the project in Yuma County and the income the project would generate, as well as the
benefits for in -kind projects, and requested approval. After discussion, Commissioner Conway moved
to approve said grant proposal. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
e 3) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE
OF COUNTY ROAD 34 AND 93 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - VIAERO
WIRELESS: Donald Carroll, Department of Public Works, outlined the project, access, and permits, and
recommended approval. Commissioner Rademacher moved to approve said license agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
ID 4) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — MICHAEL PIRRAGLIA, II: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
El 5) CONSIDER JUVENILE COMMUNITY REVIEW BOARD APPOINTMENT: Commissioner
Freeman moved to approve said appointment. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
ID 6) CONSIDER RESCINDING DOCUMENT #2012-3277, DATED NOVEMBER 19, 2012,
CONCERNING SMALL TRACT OIL AND GAS LEASE AND NULLIFY THE CHAIR'S SIGNATURE —
AED GROUP, LLC: Bruce Barker, County Attorney, explained that the same property was accidentally
Minutes, January 21, 2013 2013-0231
Page 2 BC0016
leased twice, and recommended refunding the second lease amount and rescinding that resolution.
Commissioner Conway moved to rescind the lease and authorize the Chair to sign. The motion, which
was seconded by Commissioner Rademacher, carried unanimously.
PLANNING:
e 1) CONSIDER REQUEST OF STEVE AND SHERYL GULLEY, C/O A&W WATER SERVICE
INC., FOR EXTENSION OF RECORDING THE PLAT PERMITTED UNDER USE BY SPECIAL
REVIEW PERMIT USR12-0027: Diana Aungst, Department of Planning Services, presented images of
the site; the USR was conditionallLapproved by the Board on July 25, 2012. Commissioner Conway
asked the reason for the delay. IPA Linn Leeburg, Leeburg and Associates, representing both the
landowner and the leasee, stated there has been a change in the industry in regard to piping versus
trucking of water, and as a result, it seems in the best interest of all parties to request an extension on
the implementation of the USR for 18 months, to July 21, 2014, until his clients decide whether or not to
pursue the project. Commissioner Kirkmeyer asked if the conditions that need to be done prior to
recording the plat have been done. The Board clarified that the applicant is requesting time to
reconsider whether or not the project will go forward and that no actual improvements have to be done
before recording the plat. Commissioner Kirkmeyer clarified the requirements for recording the plat.
Ms. Aungst answered Commissioner Garcia's question, recommending the extension not go out more
than 120 days.
ID Dennis Francen, surrounding property owner, spoke about the original opposition to approval of
the USR, and said that to his knowledge the improvements and road maintenance agreements had not
been filed, and he had been looking for these documents to monitor compliance. He noted that the
extension request deadline was missed. He asked that the request be denied so that the neighbors do
not have to remain in limbo, adding there were better sites which were not reviewed or considered.
Brett Francen, surrounding property owner, voiced his opinion there should be consequences for the
missed deadline and requested denial of the extension. Dave Eurich, surrounding property owner,
concurred and referenced another proposed site. Jim Ambrose, surrounding property owner, also
concurred; noting that the applicants did not fulfill their obligations and stated he did not feel they were
acting in good faith. Cynthia Halgen, surrounding property owner, concurred with the previous
comments and noted that the other locations mentioned would not be opposed. Ken Steinman,
surrounding property owner, said he felt the applicants had had plenty of time to look at other sites and
file the appropriate paperwork. Lynn Walter, surrounding property owner, concurred with her
neighbors.
IR Mr. Leeburg commented that they had followed the rules to the best of their understanding and
ability due to delays receiving the Development Standards and the Improvements Agreement, and then
further delay was caused by industry uncertainty. A discussion took place regarding the requirements
for recording the plat and the participants came to an understanding that three requirements: a lighting
plan, a lease from the property owner, and having an improvements agreement in place, are all that will
be required to record the plat and nothing else, not even collateral, would be required before beginning
construction. El Commissioner Kirkmeyer stated that even if the extension was denied, the permit
would remain in place, and that an extension was unnecessary. Commissioner Rademacher agreed
with Commissioner Kirkmeyer, except that he was willing to give a 120 -day extension. Commissioner
Freeman was not in favor of an extension. Commissioner Garcia was in favor of a 120 day extension.
Commissioner Conway stated he was against an extension because the neighbors made a case that
the rules and deadlines were not followed and he does not see any reasonable or extenuating
circumstances for the delay. Commissioner Kirkmeyer stated that they used to only give 60 days to
record the plat and she also saw no reason for the delay. Commissioner Conway agreed with
Commissioner Kirkmeyer's point. Commissioner Kirkmeyer moved to deny the request. The motion to
Minutes, January 21, 2013 2013-0231
Page 3 BC0016
deny was seconded by Commissioner Conway, and upon a call for the vote, the motion carried three to
two, with Commissioners Garcia and Rademacher opposed.
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 10:27 a.m.
BOARD OF OUNTY COMMISSIONERS
WELD CO COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
an P. Conway
Mike Freeman
_ j-itU(c4,44 i).
Bafbara Kirkmeyer
C.
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Minutes, January 21, 2013 2013-0231
Page 4 BC0016
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