HomeMy WebLinkAbout20131900.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 22, 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, July 22, 2013, 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 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
• MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 17, 2013, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance
#2013-6 by tape. Seconded by Commissioner Conway, the motion carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on July 17, 2013, as follows: 1) USR13-0012, Prado View
Investments Company, LP, 2) USR13-0022 - Noble Energy, Inc., and 3) USR13-0015 - Lynn and
Jolene Johns. Commissioner Conway seconded the motion, which 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 Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
Minutes, July 22, 2013 2013-1900
Page 1 BC0016
NEW BUSINESS:
12 1) CONSIDER SEVEN (7) PURCHASE OF SERVICES AGREEMENTS FOR OUTREACH
ACTIVITIES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director
of Department of Human Services, explained this is a part of the approved budget for her department,
and she gave an overview of the various outreach providers and their funding and services. She said
these are funded out of the Older Amercians Act Fund. Commissioner Conway moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
a 2) CONSIDER ELEVEN (11) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these agreements are
with providers selected through a request for proposal process via the Family Youth and Children
Commission. This resolution is to approve the providers and the rates, for the period of June 1, 2013,
thru May 31, 2014. She listed the vendors and their services. Commissioner Freeman moved to
approve said agreements and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
a 3) CONSIDER ACCEPTANCE OF DONATION OF FUNDS FROM ANADARKO PETROLEUM
COMPANY AND NOBLE ENERGY, INC. TO WELD COUNTY SHERIFF'S OFFICE FOR THE
PURCHASE OF NIGHT VISION GOGGLES: Chair Garcia said he was contacted by Undersheriff Jack
McGrath, who informed him that Anadarko and Noble had expressed a desire to donate $6,000 each
for the purchase of night vision goggles. Commissioner Kirkmeyer asked if the County would be
expected to replace these in the future, and said it should be made clear that an independent source
needs to pay for that or they need to go through the budget process. Commissioner Conway said
donations go before the Board to ensure that the county does not incur any long-term liability, and that
if they need to be replaced, they will not come from the general fund without review. The Board
thanked Noble and Anadarko for their assistance. In response to Monica Mika, Director of Finance and
Administration, Commissioner Conway said that the Board is hereby accepting these funds and will use
the regular procurement process for the purchase of the equipment. Commissioner Conway moved to
accept said donation. Seconded by Commissioner Freeman, the motion carried unanimously.
a 4) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONVEYANCE OF INTEREST IN
ROAD RIGHTS -OF -WAY FOR CR 49 IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN
— CITY OF GREELEY: Bruce Barker, County Attorney, said this is for properties adjacent to State
Highway 263 and County Road 47, for the County Road 49 Extension Project. He said they will be
aquired by quick claim deed this week from the City of Greeley and CDOT. In response to
Commissioner Conway, Mr. Barker described the western edge of the properties. Commissioner
Kirkmeyer thanked Mr. Barker for following through on this and securing these rights -of -way.
Commissioner Kirkmeyer moved to approve said intergovernmental agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
Pt
5) CONSIDER TEMPORARY CLOSURE OF CR 26 BETWEEN HWY 85 AND CR 31: Janet
Carter, Department of Public Works, reviewed the temporary road closure for a bridge redeck and
rehab. She noted that magnesium chloride will be used for dust control and message boards will be
posted in advance of the closure. She mentioned a no -injury accident occurred yesterday at this
intersection. Commissioner Rademacher moved to approve said temporary road closure.
Commissioner Kirkmeyer seconded the motion and it carried unanimously.
Minutes, July 22, 2013 2013-1900
Page 2 BC0016
• 6) CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CRS 11 AND 13: Ms. Carter
reviewed the temporary road closure for a culvert replacement. Commissioner Rademacher moved to
approve said temporary road closure. Commissioner Freeman seconded the motion and it carried
unanimously.
▪ 7) CONSIDER TEMPORARY CLOSURE OF CR 17.5 BETWEEN CRS 52 AND 54: Ms. Carter
reviewed this temporary road closure for a culvert replacement. Commissioner Conway moved to
approve said temporary road closure. Commissioner Freeman seconded the motion and it carried
unanimously.
a 8) CONSIDER AMENDED SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN (S34,T5N, R63W) - BONANZA CREEK ENERGY OPERATING COMPANY, LLC: Bruce Barker,
County Attorney, explained that there are two leases which needed to be corrected because Bonanza
thought the County's percent was 25.5 and it should actually be 100%. In response to Commissioner
Conway, Esther Gesick, Deputy Clerk to the Board, said these leases are less than 5 acres, and
beyond the bonus amount of a few hundred dollars, the royalties will increase greatly. Commissioner
Rademacher moved to approve said amended small tract lease and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
9) CONSIDER AMENDED SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO
SIGN (S34,T5N, R63W) - BONANZA CREEK ENERGY OPERATING COMPANY, LLC: Mr. Barker
explained that this is similar to the previous item. Commissioner Conway moved to approve said
amended small tract lease and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
El 10) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN — RICK DILL: Ms. Mika said she recommends approval. Commissioner Conway said it is good
to have Rick Dill back with the county, and commented that he has extensive jail administration
experience. Ms. Mika said that quarterly meetings will be set up to discuss criminal justice planning for
the entire system. Chair Garcia said Mr. Dill has the respect of all areas of the criminal justice
community. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
• 11) FIRST READING OF CODE ORDINANCE #2013-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 4 COMMUNICATIONS, OF THE WELD COUNTY
CODE: Bob Choate, Assistant County Attorney, said this is an update to the very new social media
policy approved by the Board, in response to the rules of Facebook, which does not have a policy for
the removal of a comment option, this allows for the removal of comments in a legal way.
Commissioner Kirkmeyer requested that the word "primarily" be deleted from Section 4-1-40.F, and
asked what "public forum" means. Mr. Choate said the words "public forum" were intended to indicate
that this is a moderated venue. He noted that other local governmental entities which use social media
reported that they have only had to delete comments once or twice a year. By assent of the Board it
was decided to delete the words, "but please note this is not a public forum," in Section 4-1-40.F. In
addition, the second sentence of #F.10 was amended from the negative, to read, "Please note that only
Weld County Officials may express the opinions and positions of Weld County," by assent of the Board.
Commissioner Kirkmeyer moved to approve said code ordinance upon first reading, and requested a
work session prior to second -reading. The motion, which was seconded by Commissioner Conway,
carried unanimously.
Minutes, July 22, 2013 2013-1900
Page 3 BC0016
Minutes, July 22, 2013 2013-1900
Page 4 BC0016
PLANNING:
1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR12-0075 - PLAINS MARKETING, LP: Rich Hastings,
Department of Public Works, explained the site location and use as a rail loop system. He said they
have had many meetings with the Town of Keenesburg, Plains has paved County Road 398 within the
town limits, and they hope to be done with all the improvements at the end of August. The majority of
the bond for $3,600,000 was for paving and will be released soon. In response to Commissioner
Conway, Mr. Vince Harris, Baseline Engineering, said that the projected start date is around the middle
of August, and the Noble and Anadarko lines will probably be finished in advance of the facility being
open. Commissioner Conway moved to approve said improvements agreement, accept collateral, and
authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried
unanimously.
El 2) CONSIDER CAPITAL CONTRIBUTION FRONT END AGREEMENT FOR CRS 44 AND 43:
Brad Yatabe, Assistant County Attorney, said this agreement has already been signed by Big
Thompson Investment Holdings to be applied towards impact fees based on an eminent domain and
real property appraisal report. This is for the purchase of 40 feet of right-of-way for a proposed
realignment through a subdivision. Commissioner Conway moved to approve said agreement. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
Commissioner Conway noted for the public that tomorrow at Aims Community College, at 6:30 p.m.,
the Upstate Economic Development Forum will be hosting a showing of "Frack Nation". He also
mentioned that today's Greeley Tribune had a front page story on the first independent analysis of
fracking; which indicates there is no evidence that fracking contaminates groundwater.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-6 was approved on first reading.
Minutes, July 22, 2013 2013-1900
Page 5 BC0016
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 9:49 a.m.
BOARD OF OUNTY COMMISSIONERS
WELD U Y, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY: v
Deputy Clerk to the Bo
Mike Freeman
ademacher, Pro -Tern
Sean P. Conway
arbara Kirkmeyer
c)
Minutes, July 22, 2013 2013-1900
Page 6 BC0016
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