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Home My WebLink About20132994.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 23, 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, October 23, 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 - EXCUSED Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer - EXCUSED Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Director of Finance and Administration, Monica Mika MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County Commissioners meeting of October 21, 2013, as printed. Commissioner Conway seconded the motion, and it carried unanimously. El READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinance #2013-11 by tape. Commissioner Freeman seconded the motion, which carried unanimously. ia AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. ea PUBLIC INPUT: Steve Teets, County resident, spoke in support of the new Connecting Health Van sponsored by Columbine Hospitals, University of Colorado Health, and the Poudre Valley Health System; he said the schedule is done, passengers have increased and people come from Ft. Collins as well and it is a great thing. He submitted the schedule for the record, marked Exhibit A, and asked that it be added to the Weld County website. He said public/disabled transportation east of interstate isn't very good. In addition, Mr. Teets expressed concern about recent oil spills in Weld County and their effect on land and water. He requested better oversight. He also spoke in opposition to the recent challenges to the Board's authority to propose the 51st State Initiative, and he praised the Board for their recent editorials in the Greeley Tribune. /01 Minutes, October 23, 2013 2013-2994 Page 1 BC0016 (Clerk's Note: Commissioner Kirkmeyer present at 9:05) j] Doug Meyer, County resident, read an article published by American Stewards of Liberty, stating that Monday, June 17th, the U.S. Supreme Court denied the petition to hear the Hage v. United States takings case overturned, in part, by the U.S. Court of Appeals for the Federal Circuit in 2012 (Appellate Court). 1_ ,= COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman mentioned the Weld County Food Bank's successful drive this past Saturday, which raised $1,000 and collected over 6,000 pounds of food. 0 Commissioner Kirkmeyer mentioned attending the "Zombie Crawl", sponsored by the Colorado Oil and Gas Association, where Weld County was presented with $1,000 in gift cards to present to the United Way for flood relief. She said the Town of Kersey has been informed Weld County, in partnership, obtained a $150,000 Energy and Mineral Impact Grant. . Commissioner Conway acknowledged the successful third annual Project Connect put on by the United Way, where 1,253 residents were assisted with a range of services. He also acknowledged the contribution of the over 600 volunteers. and CR 13 is also open which is important for the beet farmers, and many residents thanked the County for these accomplishments. He said CR 53 will be open by the end of the year. E1 Chair Garcia also mentioned and thanked Bob Choate, Stephanie Arries and Brad Yatabe, Assistant County Attorneys for sharing their legal expertise at Project Connect. NEW BUSINESS: la 1) CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2013: Barbara Connolly, Controller, referred to an email issued in August, from Don Warden, Director of Budget and Management Analysis, outlining the State's changes to the distribution of funds. She noted the school district's overall funding amounts will remain constant. Commissioner Kirkmeyer moved to approve said distribution. Seconded by Commissioner Freeman, the motion carried unanimously. J 2) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - JESSICA MORALES: Commissioner Conway moved to approve said appointment and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. 12 3) FIRST READING OF CODE ORDINANCE #2013-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, CHAPTER 12 LICENSES AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Bob Choate, Assistant County Attorney, explained the changes are related to cleaning up provisions regarding the cultivation and sale of marijuana. He said this clarifies that Weld County is a drug free workplace, marijuana is still an illegal drug under federal law, and Weld County neither licenses, nor permits, any marijuana -related enterprise, and this makes it clear to the State that they should not issue licenses either. This also makes sale or cultivation a zoning violation, so there is no need to file an injunctive process or rely on the State, because the County can file a cause of action. He announced this will go before the Planning Commission on November 5, 2013, to expedite the process. Commissioner Conway noted this is first reading so that date should not be an issue. Steve Teets, County resident, asked how this changes the limitations, and Mr. Choate said there is no change to the County's prohibitions, but this makes it clear to the State and helps enforcement. Chair Garcia noted this only affects unincorporated Weld County. Commissioner Conway moved to approve said code ordinance on first reading. The motion, which was seconded by Commissioner Freeman, carried unanimously. Minutes, October 23, 2013 2013-2994 Page 2 BC0016 PLANNING: 1) CONSIDER ZONING PERMIT, ZPHB13-0006, FOR A CLASS II HOME OCCUPATION (TREE SERVICE BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - ANTHONY AND LORRAINE STUMPF: Diana Aungst, Department of Planning Services, said the applicants are withdrawing this application. Commissioner Kirkmeyer moved to accept said withdrawal request. The motion was seconded by Commissioner Conway, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2013-11 was approved on first reading. 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 9:40 a.m. BOARD OF CAUNTY COMMISSIONERS WELD CO Y, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk '7 the Boar William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sean P. Conway Mike Freeman arbara Kirkmever Minutes, October 23, 2013 2013-2994 Page 3 BC0016 a N U) O N re Q .J Q W NAME - PLEASE PRINT LEGIBLY rQ 2 E CO cp \ co \\ © \ CO Cip \ • Cn o G \ 3 _ f\\ en > = =co DCDa CD C / / Er as as \ \ % E \// \9\ OD c \�\ /0 CE- \c- - co \/Cti 0 755 \ \E/ _ ▪ o r ® o \co E \ = + CZ _C3_ \ - Ani- co / co \2 \ k\ \ E CC 7 / ( / E >, 3 co C/D CO 970.495.8560 970.495.8560 0, Co CO co tG CO Ca Co M 10 N d- O Cr) LO a) coc O 5 4C -'0 O O O �• Ca Cn a) g au E C Q • CI - CD C, -) aJ -c CI) O E Q. 0) O a Q 5 co O Information about the van service: cco)C U CO O.0 C"'") C..) -0 CI) ca o a)„ E a).E = w U O >"' ca U a) La a)a)CI) CC 2 co a) w0 m yICJ ca vJ w .CD a) Y Cr 4-, a) c 0 �� -- o -o 7 O O CO a a) V C a) co co CD •-0 ,._ > a) a) (ll O7 Fes-- O GO a) a a) ..c U Co) O i ) CO - CO c -la co co cr) a c N C C3 L a) E o E � c t= E CO Q O cn o a) a) I-- o • • You do not need to schedule a ride. 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