HomeMy WebLinkAbout20132555.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 9, 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, September 9, 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 Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of September 4, 2013, 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 September 4, 2013, as follows: 1) USR13-0029 - Ronald
Hulstrom, c/o SureSite Consulting Group, LLC (continued to 10/02/13), 2) USR13-0030 - 70 Ranch,
LLC, do United Water and Sanitation District (continued to 09/18/13), and 3) USR13-0037 - Kenneth
Everitt. Commissioner Conway seconded the motion, which 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 Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
et 1) NATIONAL PREPAREDNESS MONTH - SEPTEMBER 2013: Chair Garcia read the
proclamation into the record. Roy Rudisill, Director of the Office of Emergency Management, stated
that this is an important step to help people remember to take personal responsibility, he noted working
extensively with local government and other agencies, and said this proclamation focuses attention
back on the citizens, and the State made a similar proclamation to encourage citizens to ensure their
own safety in an emergency by knowing where to find information, and having an emergency kit,
Minutes, September 9, 2013 2013-2555
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because first responders are not always available in a large emergency. In response to Chair Garcia,
Mr. Rudisill said September 25, 2013, is the University of Northern Colorado's Safety Day, and Weld
County will have a booth at that event. In response to Commissioner Rademacher, he said that the
State also declared a preparedness month and is encouraging local jurisdictions to put out press
releases advising the public to make winter preparations.
El 2) INFANT SAFE SLEEP AWARENESS MONTH - SEPTEMBER 2013: Chair Garcia read the
proclamation into the record. He said the Weld County Department of Human Services, the
Department of Public Health and Environment and the Lutheran Family Services Rocky Mountain are
working collaboratively on this issue, and more information is available at www.weldhealth.org.
Eric Aakko, with the Department of Public Health and Environment, spoke about the media effort and
mentioned that last year there were four deaths, a tragic spike, but their educational efforts seem to be
paying off, as there have been none this year. Kathy Brown, Prevention Program Supervisor for Child
Welfare, Department of Human Services, talked about her involvement in free training for parents,
childcare providers and church nurseries, and praised this aggressive six-month educational effort.
PUBLIC INPUT: Jason Maxey, representing United Power, stated his purpose of presenting the
Board with a capital credit check for capital members (anyone who lives in the service territory is given
a calculated refund based on their electricity usage). Commissioner Rademacher noted his satisfaction
with United Power's service. In response to Commissioner Kirkmeyer, Mr. Maxey said Senate Bill 252
has been signed into law, but it will be two years before anything is likely implemented. He discussed
the possible impacts and also spoke in regard to the "blue boxes", which is a project to recapture
natural gas energy that would otherwise be flared off. Commissioner Conway stated his assumption
that capital accounts/rebates are going to be reduced due to the passage of 252. Commissioner
Conway noted that United Power employees are involved in many charitable activities, to which
Mr. Maxey said there are seven cooperative principles, and being part of the community they serve is
one of their core values.
BIDS:
1) APPROVE BID #2013 -PT -2, PUBLICATION OF COMBINED NOTICES - PUBLIC TRUSTEE:
Trevor Jiricek, Director of General Services, said that the Public Trustee recommended the lowest bid
from the Fort Lupton Press. Suzie Velasquez, Public Trustee, said all three bids met the minimum
specifications. Commissioner Rademacher moved to approve said bid as recommended.
Commissioner Conway seconded the motion and it carried unanimously.
PR 2) PRESENT BID #B1300152, FUEL SITE GENERATOR INSTALL - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, with a sole vendors; this item will be
brought back before the Board for a recommendation on September 23, 2013.
NEW BUSINESS:
1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - EOG RESOURCES,
INC.: Christopher Woodruff, Assessor, shared staff's recommendation for a denial of this petition in
regard to 23 oil and gas wells for assessment year 2011, saying the company believed they had not
appropriately deducted all allowable expenses. He explained that Martindale, Weld County's consulting
auditors, determined there were unclaimed expenses, but also unclaimed production; therefore, the
matter is basically a wash. The company does not intend to appeal. Chair Garcia noted a potential
discrepancy, which Mr. Woodruff explained. Commissioner Conway moved to deny said petition. The
motion, which was seconded by Commissioner Rademacher, carried unanimously.
Minutes, September 9, 2013 2013-2555
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2) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE
SALE AT AUCTION WITH ROLLER AND ASSOCIATES, INC.: Barbara Connolly, Controller, explained
her department would like to dispose of three pieces of surplus equipment at auction on September 18,
2013. Commissioner Rademacher moved to approve said declaration and sale at auction. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
3) CONSIDER TEMPORARY CLOSURE OF CR 1 BETWEEN CRS 36 AND 40: Janet Carter,
Department of Public Works, explained this closure is for a bridge re -deck, guard rails, and other work.
She noted that Boulder County, area school districts, and area emergency services are aware of the
closure. Commissioner Conway moved to approve said temporary road closure. Commissioner
Freeman seconded the motion and it carried unanimously.
4) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
AGREEMENT FOR COUNTY ROAD 49 EXTENSION PROJECT (PHASE 1B) AND AUTHORIZE
CHAIR TO SIGN: Monica Mika, Director of Finance and Administration, explained this was a grant
pursued by Commission Kirkmeyer. The project is for $3.9 million; DOLA is providing $1 million and
the County is matching $2.9 million. Commissioner Conway moved to approve said grant agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
5) CONSIDER APPOINTMENT OF ED CLARK TO COMMUNITY CORRECTIONS BOARD:
Commissioner Conway moved to approve said appointment. Seconded by Commissioner
Rademacher, the motion carried unanimously.
6) CONSIDER AUTHORIZING CORRECTED ASSIGNMENT TO THE CITY OF FORT COLLINS
HOUSING AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY,
COLORADO, PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION
ACT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated minor changes were made to this item
approved two weeks ago, in order to include rental housing projects rather than just single family home
mortgages. Commissioner Rademacher moved to approve said agreement. The motion was seconded
by Commissioner Conway, and it carried unanimously.
7) CONSIDER GRANTING PERMIT FOR TEMPORARY ASSEMBLY TO RUBEN GUARDIOLA
- SEPTEMBER 14 AND 15, 2013: Brad Yatabe, Assistant County Attorney, introduced this renewed
application, denied two weeks previously, and suggested that the resolution, if approved, include both
property addresses involved. He reviewed the efforts made by the applicant to meet all Code
requirements, and noted that the lease has been updated and corrected, and a more detailed map
submitted (with parking, bathrooms, and water for the animals delineated). Deputy Pete Wagner,
Sheriff's Office, said his research found there were three previous calls for services at this site: one dog
at large in 2005, one for horse racing in 2006, which was referred to Planning and Zoning, and another
call for horse racing in 2008, where the deputy's notes indicate there were too many people on the
premises. Based on this review, Deputy Wagner said he found no grounds for denial of application.
Ruben Guardiola, and Ruben Guardiola, Jr., were present; Mr. Guardiola Jr. outlined actions taken
to comply with the Boards concerns and requests. In response to Commissioner Conway, Jim Swain,
owner of J and J Escort and Security, stated ten security officers will be needed because there are
multiple check points and a large area to cover. He said they are armed for their own safety and
security as they search incoming vehicles for alcohol and firearms; attendees with firearms are asked to
leave the premises. In response to Commissioner Kirkmeyer, Mr. Swain added that his officers are
current and retired law enforcement personnel who want to protect themselves, and there is also a lot
Minutes, September 9, 2013 2013-2555
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of money on the premises. In response to Commissioner Rademacher, Mr. Rudisill said he met last
week with Mr. Guardiola, the Sherriff's Office and the Platte Valley Fire Department, and stated his
understanding from that meeting is that estimated attendance is around 500 people per day. He
explained the information he gained from that meeting. Commissioner Kirkmeyer noted that the
application is for 1,500 people each day. Mr. Rudisill said that the action plan covers that, but his
understanding is that it is 1,500 for the the two days. Mr. Guardiola stated they expect 600-800 people
daily, but hope to have more. Mr. Rudisill said it is customary to submit an action plan after approval by
the Board and went into further detail about the EMS arrangements. In response to Commissioner
Rademacher, Mr. Yatabe said that crowds would constitute illegal horse racing or it could be a zoning
violation. In response to Commissioner Rademacher, Mr. Guardiola said that they train horses every
weekend on the track. In response to Chair Garcia, Mr. Guardiola said that he had not made any effort
to contact the disgruntled neighbor. In response to Commissioner Kirkmeyer, Mr. Guardiola described
his plan for dust abatement and on -site traffic management. Mr. Swain said that incoming vehicles
would be searched and a golf cart will patrol the whole perimeter. Ms. Carter answered questions
about CRs 34, 36 and 53. She said she met with the applicants and they accommodated her
suggestions. Mr. Swain said most cars will come full of families and confirmed children are expected to
attend the event. Mr. Rudisill said Barry Schaefer, Platte Valley Fire Protection District Chief, indicated
that having extra EMTs on -call may create an overtime issue that will require a contract. In response to
Commissioner Conway, Mr. Swain stated that the money he referred to previously is simply gate
money from the entrance fee. Mr. Swain submitted a picture of emergency responders into the record,
marked Exhibit A. In response to Commissioner Kirkmeyer, Mr. Guardiola said the entrance fee will be
$20.00, to cover expenses, and children are free, with no fee for parking. la Art Gutterson, neighbor,
reiterated that this is a lot of people to handle and addressed the treatment of the horses, he stated
there was a dead horse dumped on his property line last week and said an on -call vet is unacceptable.
Mr. Gutterson reiterated that he is dead -set against this event, and in response to
Commissioner Conway, he gave a history of his complaints and said he wished he had kept better
records. aCommissioner Rademacher stated the application is more complete than two weeks ago;
however, the applicants are treading a fine line as far as needing a formal USR Permit, and if this
application comes before the Board again he will deny it unless a USR is in progress.
Commissioner Kirkmeyer recalled that a USR was denied by the Board in the past, and stated her
belief that a racing circuit is moving around the County and avoiding Code compliance. She stated she
is in favor of denial, and that she believes it disingenuous to call this a family event when so many
armed guards are deemed necessary. She added that it seems like the Board is not getting the straight
story, especially as the numbers of attendees keeps changing, she is concerned about detrimental
impact to neighbors and does not have confidence the event will be carried out in a safe and mitigated
manner. la Commissioner Conway noted the Sheriff's Department found two complaints in regard to
horse racing, and this seems to indicate there is a traveling race circuit, the changing stories distress
him, and he feels the USR process is being subverted. Commissioner Conway added that, speaking
plainly, a family event is not a horse racing venue with illegal gambling. He commended the applicant
for doing due diligence, but he is inclined to deny the request. a Commissioner Freeman concurred.
He suggested this go through the USR process so there will be one permanent venue for this activity.
Chair Garcia agreed with Commissioner Rademacher that the application meets the minimum
standards to have the event; however, this is a permitted process, and he is distressed that the
neighbor's serious concerns were not addressed in any way. Commissioner Conway moved to
deny said permit. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, September 9, 2013 2013-2555
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PLANNING:
1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1048, MOREA MANOR NORTH - WELD 45
ACRES, LLC: Chris Gathman, Department of Planning Services, gave a brief history of the project and
previously granted extensions; he said the applicant is having difficulty getting collateral due to market
conditions and requests a two-year extension. In keeping with similar situations and previous actions,
he said staff recommends granting a one-year extension to October 26, 2014. In response to
Commissioner Rademacher, Mr. Gathman gave the exact location of this site. Lee Petrides, Manager
of Weld 45 Acres, LLC, said even though the market has turned around, Encana has built an oil and
gas production facility for separating water from gas next to their site; this glows at night and has
dampened interest, and a resolution of some of the issues this has created is being pursued. In
response to Commissioner Kirkmeyer, Mr. Petrides described the oil and gas facility further.
Commissioner Conway moved to approve said request for extension of time. The motion was seconded
by Commissioner Rademacher, and it carried unanimously. Commissioner Conway added that access
to capital remains challenging and this extension has precedent and seems warranted.
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 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
BY:
Deputy Cler
EXCUSED DATE OF APPROVAL
William F. Garcia, Chair
USED DATE OF APPROVAL
P. Conway —
Freeman
arbara Kirkmeyer
Minutes, September 9, 2013 2013-2555
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