The URL can be used to link to this page

Browse Search

Home My WebLink About20130708.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 13, 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, March 13, 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 im MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of March 11, 2013, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. a PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. a COMMISSIONER COORDINATOR REPORTS: Commissioner Conway attended the South Platte Roundtable Meeting, where they agreed to begin meetings with the Metro Roundtable and possibly the Arkansas Roundtable for a statewide water plan that provides more water storage. He said an analysis of future needs on the South Platte has been completed. BIDS: a 1) PRESENT BID #B1300017, CIVILIAN VEHICLES (QTY 4) - SHERIFF'S OFFICE: Trevor Jiricek, Director of Department of General Services, presented the bids received. The vehicles are bid out so they could potentially be converted to CNG. This will be brought back with a staff recommendation on March 27, 2013. Minutes, March 13, 2013 2013-0708 Page 1 BC0016 r 2) PRESENT BID #81300018, OSB CHIEF VEHICLE (QTY 1) - SHERIFF'S OFFICE: Mr. Jiricek presented this bid, which has four vendors and will be brought back with a staff recommendation on March 27, 2013. ta 3) PRESENT BID #61300019, FUGITIVE VEHICLE (QTY 1) - SHERIFF'S OFFICE: Mr. Jiricek presented the bid, which will be brought back with a staff recommendation on March 27, 2013. a 4) PRESENT BID #61300020, 1/2 TON 4X4 EXTENDED CAB LONG BOX PICKUP (QTY 1) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, which has four vendors and will be brought back with a staff recommendation on March 27, 2013. a 5) PRESENT BID #B1300021, 1/2 TON 4X4 EXTENDED CAB SHORT BOX PICKUP (QTY 1) - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Jiricek presented the bid, which has 7 vendors and will be brought back with a staff recommendation on March 27, 2013. ta 6) PRESENT BID #B1300059, 1/2 TON 4X4 REGULAR CAB LONG BOX PICKUP (QTY 1) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, which has six vendors and will be brought back for approval on March 27, 2013. Commissioner Kirkmeyer asked if natural gas vehicles have been looked at and asked for a work session. Mr. Jiricek replied all vehicles are convertible, but separate bids were not requested. NEW BUSINESS: La 1) CONSIDER PURCHASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHWOODS CONSULTING PARTNERS, INC.: Monica Mika, Director of Finance and Administration, reviewed the terms of the agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. ta 2) CONSIDER TEMPORARY CLOSURE OF CR 84 BETWEEN CR 33 AND U.S. HIGHWAY 85: Janet Carter, Department of Public Works, reviewed the provisions of the closure. Commissioner Rademacher moved to approve said temporary closure. Commissioner Conway seconded the motion, and it carried unanimously. • 3) CONSIDER TEMPORARY CLOSURE OF CR 52.25 BETWEEN CRS 13 AND 15: Ms. Carter reviewed the provisions of the closure. Commissioner Conway moved to approve said temporary closure. Commissioner Freeman seconded the motion, and it carried unanimously. la 4) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF A WATER PIPELINE ALONG CR 67 AND CROSSING CRS 14, 16, AND 18, AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE RESOURCES, LLC: Ms. Carter reviewed the terms of the agreement. She stated a nonexclusive license agreement is typically used when a private facility will be located permanently in a public right-of-way. She also reviewed traffic counts and a map of the site. a Bill Owens, applicant, introduced Paul Nation, Director of Land Planning, and Harold Evans, Chairman of the Board, explained the project's purpose and said they have had discussions with adjacent private land owners for most of their needed right-of-way, but need some county owned easements as well. He pointed out the substantial public benefit in taking trucks off of County roads and informed the Board they would primarily be providing water for Anadarko. Ms. Carter explained the Minutes, March 13, 2013 2013-0708 Page 2 BC0016 map colors and symbols for ease of understanding and pointed out the county right-of-way. In answer to Chair Garcia, Paul Nation said they estimate over 143,000 65 -barrel trucks, or over 77,000 120 -barrel trucks per year will be taken off the road. In response to Commissioner Rademacher, Amy Burry, Department of Public Works, said they had looked at future build -out to determine appropriate right-of-way off the master transportation plan. El Mark Garnish, County resident and Keenesburg landowner/farmer, stated that the pipeline corridor is largely on private ground, and that he disagrees with the statement made that this is an issue over compensation. He objected to an entity wanting to cheaply use a public right-of-way for private gain. Mr. Garnish said that he sat on the Comprehensive Plan Committee for the Town of Keenesburg and these issues were brought up numerous times, regarding private use of right-of-way, utilities and other public services without adequate compensation. He also stated his feeling that the compensation offered was too low, given current land values in agriculture and since potential crop damages are in the thousands of dollars. In response to Commissioner Kirkmeyer, Mr. Garnish said that this mile and a half is not the totality of the project, this is the second phase and there will be other sections in other areas. Commissioner Conway addressed legitimate compensation and asked if Mr. Garnish felt a good faith effort had been made to engage the landowners. Mr. Garnish said that in his opinion the compensation is low compared to other pipelines in the area, although the company has been congenial. Commissioner Kirkmeyer asked about the totality of the project. In response to Commissioner Conway, Mr. Garnish said he does feel that $2.00 a linear foot is woefully low compared to other pipelines in the area, but said Front Range has been congenial. Commissioner Kirkmeyer also questioned the going rate for linear foot for a water line in this area. Mr. Garnish replied there are a few different formulas and the rates vary, but he has recently seen an average of $10.00. el Stan Genert informed the Board that he doesn't think Front Range is offering enough money, he complained farmers are not working together and said, in his opinion, the County should not give Front Range right-of-way because they are a private for-profit enterprise. Ca Harold Evans, County resident/property owner and also affiliated with the applicant, said the total project is 5.5 miles and they are asking for 30% of the necessary right-of-way from the county. He opined that other private landowners felt their compensation was adequate. Currently the water trucks are using county roads without a licensing agreement which impacts the road system, so using a pipeline is more beneficial to the taxpayers. a Mr. Owens addressed the email communication with Mr. Garnish, stating the $2.00 per foot offer was substantially increased to as much as $5.00 per linear foot. He said there is general opposition, adding that they have gone around Mr. Garnish's property because they could not reach an agreement. In answer to Commissioner Kirkmeyer, Mr. Owens informed that Board that the project is 75 percent private and 25 percent public and the number of truck trips saved will be approximately 143,000. e Chair Garcia thanked the applicants and noted that the truck traffic reduction numbers are important because the damage done to the roads is extensive; pipelines are the way to go to avoid damage and bad traffic accidents. He expressed appreciation for the public comments, but does not want the Board to be in the position of negotiating a fair price, and he supports the proposal since it sounds like there was good faith negotiation. Commissioner Rademacher stated that every easement negotiation is different, and that this project benefits the taxpayers, especially because oil and gas activity is growing exponentially in the Wattenberg Field. Commissioner Freeman said we encourage pipelines are encouraged to get trucks off the roads. Commissioner Kirkmeyer stated that she wanted to ensure the County is appropriately compensated for use of the right-of-way, and noted she supports this because there is an offset for the County in terms of truck traffic because roadways would have to be paved and improved at a cost to the taxpayers. Minutes, March 13, 2013 2013-0708 Page 3 BC0016 a Commissioner Conway concurred with Chair Garcia about circumventing private property negotiations and reiterated the County's support for pipelines. So while he concurs with the public comments, in this particular case the truck traffic impacts can be taken into consideration. In response to Commissioner Conway, Ms. Carter said the numbers regarding private vs. public seem to be correct. Commissioner Conway said it is important to work with the private landowners before asking for use of public right-of-way, and section by section they seem to have been able to come to agreements. Commissioner Conway said it seemed that good faith negotiation efforts had been made, and added that he does not feel the company is using the County to circumvent negotiations with private landowners. Commissioner Kirkmeyer stated that the Board works on a case -by -case basis and had several work sessions on this case, and noted that a provision was added ensuring that the only thing that can be transported is fresh water. a Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. a 5) CONSIDER TEMPORARY PERMIT FOR A TAVERN LIQUOR LICENSE FOR MICHELLE WILLIAMS, DBA AMIGOS NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN: Brad Yatabe, Assistant County Attorney, reviewed the criteria for granting a Temporary Permit. He noted that Amigos Nightclub, LLC, is now the official applicant, replacing Michelle Williams, and this is a transfer of license from the El Chapparal nightclub. Mr. Yatabe informed the Board there will be another hearing on this matter and to -date everything appears to be in order. a In response to Commissioner Kirkmeyer, Michelle Williams, applicant, affirmed that she understands the temporary nature of this license. Commissioner Freeman moved to approve said Temporary Permit and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, 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 9:56 a.m. BOARD OF COUNTY COMMISSIONERS WELDY, COLORADO Weld County Clerk to the Board William F. Garcia, Chair arbara Kirkmyer Minutes, March 13, 2013 Page 4 2013-0708 BC0016 Hello