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Home My WebLink About20130341.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 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, January 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, Esther Gesick/Susan Brown Director of Finance and Administration, Monica Mika El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of January 14, 2013, as printed. Commissioner Conway seconded the motion, and it carried unanimously. e AMENDMENTS TO AGENDA: There were no amendments to the agenda. El PUBLIC INPUT: No public input was given. El CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. El PRESENTATIONS: 1) RECOGNITION, WELD COUNTY FAMILIES, YOUTH AND CHILDREN COMMISSION - LYDIA STRODE-BOYES: Chair Garcia read said certificate for the record and Diane Beckman received the certificate on her behalf. ID COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported on a presentation regarding opportunities for oil and gas development which he gave at the Colorado Springs Business Journal's (CSBJ) Hot Topics Breakfast, and highlighted the potential impacts to counties with aerospace and military bases of mandatory spending cuts in defense which will become effective on March 31, 2013, and potential land use by the City of Colorado Springs. Chair Garcia reported he attended the Small Business Development Center Meeting and shared news that the Erie Site will be opening this month, which will bring the regional system up to 25 total centers, with 480 Minutes, January 16, 2013 2013-0341 Page 1 BC0016 se$arate clients, served in 2012, 299 of which were Weld County businesses and residents. EJ Commissioner Kirkmeyer mentioned the passing of the ban on retail sales of marijuana in Weld County last week, and said the Board had been thanked for its actions by 12 law enforcement officials. Commissioner Conway concurred that citizens had expressed thanks to him as well, and stated that the Board is upholding the will of the voters. Commissioner Rademacher noted that the only two people who came to testify on the final reading primarily testified in support of industrial hemp. Commissioner Freeman reported that he did a radio interview on KSIR and spent much of that time explaining the reasoning behind the ordinance. BIDS: E9 1) APPROVE BID #61200163, CUSTODIAL SERVICES (NORTH BUSINESS PARK) - DEPARTMENT OF BUILDINGS AND GROUNDS: Toby Taylor, Department of Public Works, reviewed the bid and his recommendation that the low bid be awarded. In response to Commissioner Conway, Mr. Taylor replied that local venders had all received a personal invitation, and he reviewed he tabulation amounts. Commissioner Rademacher moved to approve the low bid from Kleen-Tech Services Corporation. Commissioner Conway seconded the motion, and it carried unanimously. E9 2) PRESENT BID #B1300028, RECYCLED ASPHALT CRUSHING - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, presented the bids received and stated staff will make a recommendation on January 30, 2013. He addressed questions from the Board regarding the wide discrepancy of the bids which is being reviewed by staff. E5 NEW BUSINESS: 1) CONSIDER AGREEMENT FOR REIMBURSEMENT OF CELL PHONE USAGE AND AUTHORIZE CHAIR TO SIGN— KENNETH BUCK: Monica Mika, Director of Finance and Administration, introduced the agreement, which was drafted for the use of elected officials who might want to use their own cell phones, and stated that Mr. Buck, District Attorney (DA), had approved it as well. Ms. Mica answered questions from the Board, indicating the County has always provided Mr. Buck's cell phone, and that the reimbursement rate was calculated via a six-month average of utilization costs. Commissioner Kirkmeyer asked about the possible consequences of an 'open records request. Bob Choate, Assistant County Attorney, answered that if the phone is being used for public purposes then it is subject to an open records request, but added that the private records could be redacted. Following discussion, Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which carried unanimously. E9 2) CONSIDER PROVISION OF A LETTER OF SUPPORT TO INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS) AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Director of the Department of Justice Services, explained that this is a request for a letter of support which will help ICCS complete a request for proposal to obtain additional funding from the state for the evaluation, treatment and monitoring of certain sex offenders placed at the facility, and he addressed questions from the Board. Commissioner Kirkmeyer made a motion to provide the letter of support and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. E5 3) CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE THE CHAIR TO SIGN - JORDANCE ENERGY, INC.: Mr. Barker recommended approval, stating that the applicant had met the requirements. Commissioner Rademacher moved to approve the lease and authorize the Chair to sign. Commissioner Freeman seconded the motion and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, January 16, 2013 Page 2 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 9:34 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' ow.w,... Weld County Clerk to the Board BY: D:.ut lerk to the Board P. Conway arbara Kirkmeyer Mike Freeman Chair n vcQC ier, Pro-Tem A 417/ rti. Minutes, January 16, 2013 Page 3 BC0016 RECORD OF PROCEEDINGS SUPPLEMENTAL MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 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, January 16, 2013, at the hour of 10:15 a.m. ROLL CALL: The meeting was called back 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 Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick/Susan Brown Director of Finance and Administration, Monica Mika NEW BUSINESS: 4) CONSIDER EXPRESSION OF OPPOSITION TO NEVV SETBACK AND NOTIFICATION RULES, REVISED VERSION OF JANUARY 17, 2013, CURRENTLY UNDER CONSIDERATION BY THE COLORADO OIL AND GAS CONSERVATION COMMISSION: Chair Garcia re -opened the meeting and introduced the matter. Commissioner Kirkmeyer proposed drafting and adopting a Resolution from the Board to the Colorado Oil and Gas Conservation Commission regarding Rulemaking on Setbacks. The resolution's purpose would be threefold: 1) invoking coordination with State and Federal government regarding setbacks on federal lands; 2) citing a violation by the COGCC of the Administrative Procedure Act, especially in terms of publication notice and the incomplete cost/economic impact analysis that was supposed to have been done prior to the rulemaking, and; 3) stating opposition to the COGCC for preempting local government land -use authority and interfering with county land use authority to protect the health, welfare and safety of the citizens and landowners of Weld County. Commissioner Conway seconded the motion and expressed concern with the COGCC's timing, an arbitrary deadline, lack of transparency, the usurping of a land use role, and the lack of an economic analysis regarding the huge impact on the agricultural community. Commissioner Conway referenced a preliminary economic impact report by Don Warden, the Director of Budget and Management Analysis, which estimated a potential impact of $257 Million dollars. El Commissioner Rademacher agreed with the previous comments and expressed concern with the lack of input from the largest agricultural county in the state, concern that the Governor has not invoked his Executive Order #5 to review some of these things, and concern that the rules are not based upon science. El Commissioner Freeman agreed with the previous comments. El Commissioner Kirkmeyer added that there are strict requirements on notification for government transparency, and these were not abided by, the department is required to note if there is a negative impact to any of the stakeholders, and the Supplemental Minutes, January 16, 2013 Page 1 BC0016 COGCC Impact Analysis was seriously lacking with regard to the impact to the agricultural community. She said that local mayors from Erie and Greeley had testified to the COGCC about impacts to bonding abilities and assessed values, and that the financial impact could be in the millions of dollars. Commissioner Kirkmeyer stated that these rules do not protect the health, safety and welfare of the public, and also expressed concern with takings of private property rights both in mineral and surface owners, in Weld County and statewide, and spoke at length about the potential economic impact. She stated that if the rule does pass the Board needs to appeal the decision. a In response to Commisioner Conway, Commissioner Kirkmeyer confirmed there were numerous entities which testified and their testimony was either ignored or not appreciated. ID Chair Garcia stated the County has utilized coordination in the past, and as a major stake holder in oil and gas and agriculture Weld County needs to be at the table in this matter. Chair Garcia said all stakeholders should be brought to the table before a final format is completed; any legislation coming out before then is pre- mature. a Commissioner Conway stated this was informally requested of the Executive Director of the COGCC and the State Director of Public Health for the State of Colorado, in a meeting last week, but are still not being taken into consideration, and due to a lack of response, the Board is compelled to make a formal request. The motion carried unanimously. Chair Conway requested transmission of the resolution before the end of the day to the COGCC. 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, th_;; ting was adjourned at 10:35 a.m. ATTEST: ~' Weld County Clerk to the Bo BY: D outy CI rk to the Board Sean P. Conway OARD OF OUNTY COMMISSIONERS ELD N'Y, COLORADO Mike Freeman 4 Ill, u�411_ /, rbara Kirkmeyer Supplemental Minutes, January 16, 2013 2013-0213 Page 2 BC0016 Hello