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HomeMy WebLinkAbout20130053.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 2, 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 2, 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, Stephanie Arries Acting Clerk to the Board, Esther Gesick/Susan Brown Director of Finance and Administration, Monica Mika e ELECTION OF CHAIR: Commissioner Rademacher moved to elect Commissioner William F. Garcia as Chair for 2013. Commissioner Kirkmeyer seconded the motion, which carried unanimously. ▪ ELECTION OF CHAIR PRO-TEM: Commissioner Conway moved to elect Commissioner Douglas Rademacher as Chair Pro-Tem for 2013. Commissioner Kirkrneyer seconded the motion, which carried unanimously. E9 ASSIGNMENTS - ASSIGN COMMISSIONERS TO COORDINATE DEPARTMENTS FOR 2013: Chair Conway moved to approve the Resolution designating the Commissioner Coordinator Assignments. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. e MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of December 26, 2012, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following under New Business: 11) Consider Resolution re: Expression of Opposition to New Setback and Notification Rules under Consideration by the Colorado Oil and Gas Conservation Commission [2013-0054]. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PUBLIC INPUT: Doug Meyer, County resident, welcomed Commissioner Freeman to the Board, thanked Commissioner Conway for his year served as Chair and congratulated Commissioners Garcia and Rademacher on their new appointments. He requested the Board's attention to upcoming Minutes, January 2, 2013 2013-0053 Page 1 BC0016 governmental rules and regulations affecting the Pawnee National Grasslands (including protected species) and the need for coordinated efforts with other agencies to maintain private property rights, particularly in regard to searching for archeological sites on private property. Commissioners Rademacher, Conway and Kirkmeyer agreed it would be beneficial to schedule a meeting soon with Congressman Cory Gardener to discuss the position of Lori Bell, Pawnee Forest Service Ranger, and to touch base on other related and non -related issues. El CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. E COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer reported that she will be attending (with Bruce Barker, County Attorney) the hearing before the Colorado Oil and Gas Conservation Commission (COGCC) regarding the new setback rules (500 ft). Commissioner Rademacher agreed that the new COGCC rules will be damaging to agricultural operations. She also addressed last Wednesday's resignation of Dr. Kitigawa as physician advisor, and noted that E911 will be working to find a replacement, and that Dr. Kitigawa is willing to abide by his contract to provide 60 days notice, but is also willing to step down sooner. The City Manager for Greeley has also been informed of the proceedings of December 26, 2012. The Fire Chiefs will be meeting next week and several will be meeting with the Board to discuss the proposed code revisions. Commissioner Kirkmeyer stated she would like to invite all the Fire Chiefs, and possibly their boards as well, to participate in a meeting to discuss the code changes. Commissioner Freeman reported the passing of Aims Community College's Chief Financial Officer, Michael Kelly, and expressed sympathy to his family and staff. BIDS: 1) APPROVE BID #1200166, COPIERIMULTIFUNCTION DEVICE (BLACKIWHITE NOT COLOR) - SHERIFF'S OFFICE: Trevor Jiricek, Director of General Services, reviewed staff's recommendation. Commissioner Rademacher moved to approve the low bid from Bratton's. Mr. Jiricek addressed questions from the Board regarding the hi -low bid discrepancies. He also noted that Bratton's might have underbid in order to enter into business with the County. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 2) PRESENT BID #61200163, CUSTODIAL SERVICES (NORTH BUSINESS PARK) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek stated this matter will be brought back before the Board on January 16, 2013, following staff review of the 13 bids. Toby Taylor, Director of Buildings and Grounds, addressed questions from the Board regarding the lack of local bidders and explained that breaking the scope of the project into the four separate County sites had been an attempt to attract more local bids, and that they had reached out to local vendors and would continue to do so in the future. El NEW BUSINESS: 1) CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2013: Commissioner Rademacher moved to approve the resolution. Commissioner Kirkmeyer seconded the motion. Motion carried unanimously. E 2) CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2013: Commissioner Conway moved to approve the resolution. Commissioner Rademacher seconded the motion, and it carried unanimously. Minutes, January 2, 2013 2013-0053 Page 2 BC0016 F 3) CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF PUBLIC NOTICES: Commissioner Conway moved to approve the Resolution. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. F 4) CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF NOTICES TAX LIEN SALES AND NOTICES OF PROPERTIES GOING TO DEED: Commissioner Freeman moved to approve the Resolution. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. F 5) CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM F. GARCIA TO CERTAIN ADVISORY BOARDS: Commissioner Conway moved to approve the appointments. Commissioner Rademacher seconded the motion, which carried unanimously. F 6) CONSIDER APPOINTMENT OF COMMISSIONER DOUGLAS RADEMACHER TO CERTAIN ADVISORY BOARDS: Commissioner Kirkmeyer moved to approve the appointments. Commissioner Freeman seconded the motion, which carried unanimously. E 7) CONSIDER APPOINTMENT OF COMMISSIONER SEAN P. CONWAY TO CERTAIN ADVISORY BOARDS: Commissioner Kirkmeyer moved to approve the appointments. The motion was seconded by Commissioner Freeman, and it carried unanimously. e 8) CONSIDER APPOINTMENT OF COMMISSIONER MIKE FREEMAN TO CERTAIN ADVISORY BOARDS: Commissioner Kirkmeyer moved to approve the appointments. Commissioner Conway seconded the motion, which carried unanimously. F 9) CONSIDER APPOINTMENT OF COMMISSIONER BARBARA KIRKMEYER TO CERTAIN ADVISORY BOARDS: Commissioner Rademacher moved to approve the appointments. Commissioner Conway seconded the motion, which carried unanimously. E9 10) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 17 AT CR 10: Janet Carter, Department of Public Works, reviewed the provisions of the Stop sign installation request at the uncontrolled intersection. Commissioner Rademacher moved to approve said installation. Commissioner Kirkmeyer seconded the motion, which carried unanimously. IR 11) CONSIDER EXPRESSION OF OPPOSITION TO NEW SETBACK AND NOTIFICATION RULES UNDER CONSIDERATION BY THE COLORADO OIL AND GAS CONSERVATION COMMISSION: Commissioner Kirkmeyer moved to approve the Resolution. Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer thanked Bruce Barker for drafting the document while on his vacation and expressed her opposition to the proposed rules and regulations which constitute a regulatory takings for agricultural and residential property owners. She feels land use is under the purview of local governments and should be based on issues such as health, welfare and safety. Commissioner Conway agreed this is a takings issue and indicated that a "one size fits all" policy doesn't work and a 500 foot setback is devastating, and would advise the County take legal action, if necessary. Commissioner Rademacher also agreed and made note that Tom Holton, the Weld County Appointee to the COGCC, has voted in opposition to these new rules, and requested that the resolution be forwarded to the Governor. The motion carried unanimously. Minutes, January 2, 2013 2013-0053 Page 3 BC0016 e PLANNING: 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR12-0022 - ROBERT L. SELTZER FAMILY TRUST/COLORADO OUTDOOR STORAGE, LLC: Rich Hastings, Department of Public Works, reviewed the terms of the agreement and addressed the Board's questions in regard to the scope of the collateral. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer and it 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 9:46 a.m. ATTEST: Weld County Clerk to the Board BY: TA, Deputy Clerk tot he Bo BOARD OF COUNTY COMMISSIONERS WELD CO)JtQTY, COLORADO William F. Garci yair � wtoc Dougl4 Rademact r, Pro-Tem LLCUlete Sean P. Conway Mike Freeman EXCUSED DATE OF APPROVAL Barbara Kirkmeyer Minutes, January 2, 2013 2013-0053 Page 4 BC0016 Hello