HomeMy WebLinkAbout20133470.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 16, 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, December 16, 2013, at the hour of 9:00 a.m.
e 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
lEi MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 11, 2013, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
![J READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinances
#2013-14 and #2013-15 by tape. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on December 13, 2013, as follows: 1) Annual Meeting and
Proposed 2014 Budget for Beebe Draw Law Enforcement District Authority Board; 2) Annual Meeting
and Proposed 2014 Budget for Weld County Pioneer Community Law Enforcement Authority District,
3) Annual Meeting and Proposed 2014 Budget for Southwestern Weld County Law Enforcement
Authority District, 4) 2014 Final Budget Hearing; and 5) USR13-0032 - Public Service Company of
Colorado, c/o Xcel Energy. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add under NEW
BUSINESS: Item 1) Consider Contract Amendment for Task Order #1 for Air Quality Program and
authorize Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
E CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
Minutes, December 16, 2013 2013-3470
Page 1 BC0016
Ei
PUBLIC INPUT: No public input was given.
BIDS:
El 1) PRESENT BID #61300195, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Trevor Jiricek, Director of General Services, reported that two bids were received
(out of 11 vendors approached) and this item will be brought back with a staff recommendation on
December 30, 2013.
I] 2) PRESENT BID #B1300201, ENGINEERING SERVICES RFQ - RELATED TO 2013 FLOOD -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek explained Statements of Qualifications were received
from 25 vendors, following the new QBS process, a review of qualifications will be followed by a work
session, and this will be brought back before the Board with staff recommendations, but without a set
approval date. In response to Commissioner Kirkmeyer, Mr. Jiricek said using the CDOT list for
contracts under $100,000 was considered, but staff did not feel the 10 days potentially saved was worth
it, in part, because CDOT doesn't fully 'pre -qualify' so the County's criteria needed to be more
thoroughly evaluated.
NEW BUSINESS:
ID 1) CONTRACT AMENDMENT FOR TASK ORDER #1 FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Department of Public Health and
Environment, reviewed this item with the Colorado Department of Public Health and Environment. This
amendment covers increased hours of operation for existing air quality monitors; it was reviewed by
Mr. Jiricek and he recommended approval. In response to Commissioner Conway, he confirmed this
offsets increased staff costs. Commissioner Conway moved to approve said contract amendment and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
Ca 2) CONSIDER AGREEMENT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
PUBLIC ASSISTANCE PROGRAM GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill,
Director of the Office of Emergency Managment, explained this contract follows through on the public
assistance program, flood relief, and this is the process that allows the County to draw down on the
funding available from the State using project worksheets. He stated the grant runs through 2018, in
the amount of $1,101,900.82, and the first project is repair work to CR 61. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded
by Commissioner Freeman, carried unanimously.
e 3) CONSIDER LEASE AGREEMENT FOR TEMPORARY STORAGE AND AUTHORIZE CHAIR
TO SIGN - TOWN OF GILCREST: Michael Bedell, Department of Public Works, explained the bridge
crew needs to store a 200 -foot long concrete box structure due to a project delay of approximately one
year and the Town of Gilcrest agreed to store the structure on a lot a mile or so from the site. This
lease agreement is to cover both parties' interests. Commissioner Kirkmeyer moved to approve said
lease agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
Minutes, December 16, 2013 2013-3470
Page 2 BC0016
El 4) CONSIDER CHANGE ORDER #1 TO AGREEMENT FOR THE HOEKSTRA GRAVEL PIT
CLAY -SLURRY WALL DESIGN -BUILD CONTRACT (BID #61200123) AND AUTHORIZE CHAIR TO
SIGN - HALL-IRWIN CONSTRUCTION: Clay Kimmi, Department of Public Works, explained this
change order is to fix flood damages at the Hoekstra Gravel Pit, which sustained substantial flood
damage, in the amount of $903,544.69, reviewed in a Pass -Around Memorandum on November 26,
2013. In response to Commissioner Rademacher, he said this would solve the return flow to a
particular concrete ditch. In response to Commissioner Kirkmeyer, Mr. Kimmi confirmed a project
worksheet has been submitted to FEMA. Commissioner Rademacher moved to approve said change
order and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
e 5) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - SOUTHEAST WELD FIRE PROTECTION DISTRICT: Dr. Wallace
stated his department and the EMTS Council have reviewed the application and recommend approval.
It was noted the EMTS Council made three comments. Commissioner Rademacher moved to approve
said licensure and authorize the Chair to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
6) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - BANNER HEALTH/NORTH COLORADO MEDICAL CENTER
PARAMEDICS SERVICE: Dr. Wallace stated his department and the EMTS Council have reviewed
the application and recommend approval. Commissioner Conway moved to approve said licensure and
authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried
unanimously.
El 7) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY HOSPITAL EMERGENCY MEDICAL SERVICE:
Dr. Wallace stated his department and the EMTS Council have reviewed the application and
recommend approval. In response to Commissioner Conway, Dr. Wallace confirmed that Tier II does
allow transport and deferred to the EMTS Council. E Terry Gross, Division Chief, said the Greeley
ambulance backs up Greeley Division 5 on a daily basis, and they are primary auto -aid EMS for the
Poudre Fire Authority which responds to an eight -square -mile district on HWY 119. Dr. Wallace spoke
about the issue of back -fill (responding because the other agency is busy) to other agencies and the
question of whether a primary response call can be done under a Tier II. Bruce Barker, County
Attorney, said a Tier I is necessary if there is an area where they are primary responders. There was
further discussion regarding coverage of this Weld County area and a need to discuss the contract with
Banner. Commissioner Kirkmeyer noted her understanding there were only 6-8 calls for that area, not
101 as is presented, but this is a separate issue from the licensing, because they are starting to cut into
the service area for the Banner contract which will become a cost issue; a work session is needed in
regard to the call structure. Chair Garcia concurred there should be an equity of payments, and it was
said it should not be assumed that Weld County is going to pick up all those costs. Commissioner
Conway concurred. Commissioner Rademacher moved to approve said licensure and authorize the
Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
8) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - MILLIKEN FIRE PROTECTION DISTRICT: Dr. Wallace stated his
department and the EMTS Council have reviewed the application and recommend approval.
Commissioner Conway moved to approve said licensure and authorize the Chair to sign. The motion,
which was seconded by Commissioner Freeman, carried unanimously.
Minutes, December 16, 2013 2013-3470
Page 3 BC0016
E-9 9) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - JOHNSTOWN FIRE PROTECTION DISTRICT: Dr. Wallace stated
his department and the EMTS Council have reviewed the application and recommend approval.
Commissioner Conway moved to approve said licensure and authorize the Chair to sign. The motion,
which was seconded by Commissioner Freeman, carried unanimously.
le 10) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - WINDSOR SEVERANCE FIRE PROTECTION DISTRICT:
Dr. Wallace stated his department and the EMTS Council have reviewed the application and
recommend approval. Commissioner Freeman moved to approve said licensure and authorize the
Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
IE 11) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - FREDERICK -FIRESTONE FIRE PROTECTION DISTRICT:
Dr. Wallace stated his department and the EMTS Council have reviewed the application and
recommend approval. Commissioner Kirkmeyer moved to approve said licensure and authorize the
Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
12) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT: Dr. Wallace
stated his department and the EMTS Council have reviewed the application and recommend approval.
Commissioner Freeman moved to approve said licensure and authorize the Chair to sign. The motion,
which was seconded by Commissioner Conway, carried unanimously.
13) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - PLATTE VALLEY AMBULANCE SERVICE: Dr. Wallace stated
his department and the EMTS Council have reviewed the application and recommend approval.
Commissioner Rademacher moved to approve said licensure and authorize the Chair to sign. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
14) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - THOMPSON VALLEY EMERGENCY MEDICAL SERVICE:
Dr. Wallace stated his department and the EMTS Council have reviewed the application and
recommend approval. In response to Commissioner Conway, Chief Randy Lesher confirmed
Thompson Valley covers a section for Berthoud Fire Protection District as first responders in that small
area of Weld County. Commissioner Rademacher moved to approve said licensure and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
le 15) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - STADIUM MEDICAL, INC.: Dr. Wallace stated his department
and the EMTS Council have reviewed the application and recommend approval. In response to
Commissioner Rademacher, he said their ambulances are purely intended for stand-by, and required to
be on -site, but they have been known to transport off -scene when no other ambulance is available, and
obviously with a critical patient that should be allowed in the code. Commissioner Kirkmeyer noted the
EMTS Council remarked the limits of the Tier III license need to be discussed with the applicant. Dr.
Wallace said staff requested a work -session on this issue because of quality of service/waiting for
another ambulance to arrive, they don't seem to fit a Tier II license, and the Tier III does have a
physician advisor and an inspection via multi -county permits such as Jefferson County. Dr. Wallace
Minutes, December 16, 2013 2013-3470
Page 4 BC0016
said the department makes a technical review, and the council makes the tiering recommendation.
Commissioner Rademacher said the language is not in the code specifically allowing transport —
but does not specifically say that they can't transport'. These contracts usually call for an ambulance to
remain on -site, but if they have a critical patient they should be allowed the flexibility to immediately
transport. Dr. Wallace reviewed pertinent sections of the code; Mr. Barker suggested that can be made
clearer, and Commissioner Conway said the code as it stands seems accommodating. Commissioner
Rademacher moved to approve said licensure and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously. Commissioner Conway noted Stadium has
done a good job with notification of events and there have been no issues.
1E 16) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - COLORADO MOTOCROSS MEDICS, LLC: Dr. Wallace stated
his department and the EMTS Council have reviewed the application and recommend approval.
Commissioner Conway moved to approve said license and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
ID 17) CONSIDER LICENSING AGREEMENT FOR DENVER REGIONAL AERIAL PHOTOGRAPHY
PROJECT AND AUTHORIZE CHAIR TO SIGN - DENVER REGIONAL COUNCIL OF
GOVERNMENTS (DRCOG): Jake Mundt, GIS Coordinator, explained this is a partnership opportunity
to collect high -resolution aerial imagery of 1,100 square miles of southwest Weld County. These
acquisitions typically happen every two years, and the budgeted amount of $115,000 was included in
the 2014 general request (approximately $20,000 less than 2012). In response to Monica Mika,
Director of Finance and Administration, Mr. Mundt said the aerial imagery is excluded from the free
download on the website, but the County does reserve the right to sell the aerial imagery for a fee.
Mr. Mundt affirmed he would review the fee schedule - Appendix 5-F. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
a 18) CONSIDER LANDOWNER CONSENT STATEMENT FOR PIERRE SHALE SANDS AQUIFER
AND AUTHORIZE CHAIR TO SIGN — TOWN OF NEW RAYMER: Mr. Barker presented this request by
the Town of New Raymer to have all of the property owners sign -off on the Town's use of the aquifer.
He noted that neither the Tower nor Grader Shed site have wells to the aquifer, so this is really a non -
issue. Commissioner Rademacher moved to approve said landowner consent statement and authorize
theChairto sign. Seconded by Commissioner Freeman, the motion carried unanimously.
E1 19) SECOND READING OF WELD COUNTY CODE ORDINANCE #2013-16, IN THE MATTER
OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND
CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer
moved to read by title only. The motion was seconded by Commissioner Conway, it carried
unanimously, and Mr. Barker read the title for the record. Ms. Mika reviewed these changes for the
record. Chair Garcia opened the floor for public comment and none was forthcoming. Commissioner
Freeman moved to approve said code ordinance on second reading. Seconded by Commissioner
Rademacher, the motion carried unanimously.
.la 20) FIRST READING OF WELD COUNTY CODE ORDINANCE #2013-14, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER
17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Michelle
Martin, Department of Planning Services, explained the changes clarify that the Board can vacate a
public road right-of-way by resolution, and provides a way for a landowner to request the vacation of a
Minutes, December 16, 2013 2013-3470
Page 5 BC0016
road right-of-way by submitting a petition to the Clerk to the Board's office, which will forward them to
the Departments of Planning and Public Works, with fees to cover the County's cost. Commissioner
Kirkmeyer moved to approve said code ordinance on first reading. The motion, which was seconded
by Commissioner Conway, carried unanimously.
I] 21) FIRST READING OF WELD COUNTY CODE ORDINANCE #2013-15, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD
COUNTY CODE: Ms. Martin reviewed code changes for clean-up of the numbering system and noted
a new proposed site plan review process for proposed oil and gas production facilities. She said the
Planning Department has been working on this change for over six months with the industry and
recently hosted an open house; the process does not necessarily require site plan reviews unless there
are more than 12 tanks, and as long as they are adhering to a long -ran a development plan. Chair
Garcia opened the floor for public comment and none was forthcoming. - Commissioner Kirkmeyer
noted the long-range development plan goal is to envision what the County will look in like in 10-20
years in regard to the industry and the number of tanks, to minimize oil and gas impacts and footprints
to the area and have the industry use best -management practices for coordination with agriculture and
residential land uses. She said the regulations should not be over burdensome; it is still a Use by Right
in this zone, but increased communications and long-range planning are needed. Commissioner
Conway said at least 40 companies were represented at the open house. Commissioner Freeman
concurred it was a success and said there were some great questions. Commissioner Kirkmeyer
moved to approve said code ordinance on first reading. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
(Clerk's Note: Commissioner Rademacher departed for another meeting at 10:03 a.m.)
PLANNING:
El 1) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1736 -
ROBERT COLLINS: Kim Ogle, Department of Planning Services, indicated the applicant has seven
incomplete items remaining, including recording his Mylar. Robert Collins, applicant, stated his small
excavating business has been in bankruptcy proceedings, but business is slowly improving, and he
would appreciate more time to complete these requirements. Commissioner Conway referred to the
timeline of the items and noted Mr. Collins has yet to complete a building permit, and Mr. Ogle said the
Planning Department has agreed to prepare Mr. Collins' final plat. In response to Commissioner
Kirkmeyer, Mr. Collins reviewed his progress and said the proposed above ground storage tanks will be
removed from the application, as well as the spill prevention associated, and Mr. Barker asked if it
could be noted that the condition has been satisfied. Chair Garcia instructed Mr. Collins to put this into
writing. Mr. Collins confirmed the roads were grated and graveled and the tanks removed, as well as
the drums of waste oil but 12 empty/sand-filled storage drums remain. Mr. Ogle confirmed the spill
prevention may also be noted as satisfied, but a Waste Management Plan is necessary. He said the
improvements agreement included a screening plan and fencing, there are berms presently out of rock
and broken concrete, and the internal access onto HWY 17 has a gravel surface. Mr. Ogle said the
berms are already in place and are adequate, but need inspection. In response to Commissioner
Kirkmeyer, Mr. Collins noted he is currently operating the business, and Mr. Ogle confirmed he is in
violation. IE Commissioner Kirkmeyer expressed that a year is too long for a violation case that has
been out of compliance since August 5, 2010, and reviewed the progress made so far, and especially
noting the lack of an electrical permit. Commissioner Conway noted Mr. Collins has made some effort,
but a year seems to be a long period of time, even though there are economic stresses to take into
account. Commissioner Freeman concurred that a year is too long, but he would consider a six-month
milestone. Chair Garcia noted the business has been in operation and in violation for over three years,
and it seems most of the conditions require a minimum of effort from the applicant. He referred to
Minutes, December 16, 2013 2013-3470
Page 6 BC0016
mandated quarterly reports that were not provided and said his inclination is to rescind the USR or else
allow a small amount of time, such as 30 days, to resolve the remaining issues. Commissioner
Kirkmeyer concurred, noting this was extended a year ago - in which not much was accomplished. She
suggested setting a date for a probable cause hearing - if the conditions are met the probable cause
will be dismissed, as these requirements are not onerous. Commissioner Conway suggested the
permits might take additional time. Chair Garcia said he was inclined to vote to rescind after the 30
days, and Commissioner Kirkmeyer noted that if everything is progressed in 30 days, she would be
willing to grant some additional time to get the electrical permit. A motion to continue the matter to
January 15, 2014 at 9:00 a.m., carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-13 was approved on Second Reading, and Code Ordinances
#2013-14 and #2013-15 were 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 10:31 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD C.OUN➢b.COLORADO
ATTEST:
Weld County Clerk to the Board
B
Deputy C to the Board
71/
William F. Garcia, C r
JonC
Douglas Rademach r, Pro-Tem
Sean P. Conway
` 6 1 (-/) .2.-e
ke Freeman
ad( L.--
arbara Kirkmeyer
Minutes, December 16, 2013 2013-3470
Page 7 BC0016
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