HomeMy WebLinkAbout20121134.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 30, 2012
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, April 30, 2012, at the hour of 9:00 a.m.
IR 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
e MINUTES: Commissioner Long moved to approve the minutes of the Board of County
Commissioners meeting of April 25, 2012, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on April 25, 2012, as follows: 1) USR #1752 — Abelardo and Nancy Vega, c/o
Jorge Vega, and 2) USR11-0012 — Level 3 Communications, LLC. Commissioner Rademacher
seconded the motion, which carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e PUBLIC INPUT: Steve Teets, County resident, expressed concerns with First Transit regarding
poor medical appointment response and use of funds, and he requested the Board continue to inform
the State of the failure of the system. Chair Conway indicated they have informed Representative
Steve Young regarding the matter. Mr. Teets also referred to a news article regarding the recent arrest
of an individual with a mental disability and he inquired whether there is a training program regarding
proper arrest protocol with such individuals. Chair Conway indicated the Board will follow-up with the
Sheriff to gain further information and report back.
lel Doug Meyer, County resident, reported H.B.1103 died; however, H.B.1278 is still under review,
and he submitted a copy of a notice, marked Exhibit A, announcing an Air Quality Symposium
scheduled for May 16, 2012, at the Colorado Livestock Association office.
„O- Minutes, April 30, 2012 2012-1134
�' a Page 1 BC0016
El CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
BIDS:
El PRESENT BID #B1200084, CAR WASH MODERNIZATION / MOTOR POOL BUILDING -
DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director, Department of Finance and
Administration, presented the sole bid received and stated staff will make a recommendation on
May 14, 2012. The Board requested a 15 minute work session to review the matter.
NEW BUSINESS:
Fl CONSIDER STANDARD FORM OF CHILD PROTECTION AGREEMENT FOR RESPITE CARE
SERVICES BETWEEN WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS
PROVIDERS: Judy Griego, Director, Department of Human Services, stated this is the updated
Respite Care Form Agreement for Consent Agenda approval of consistent documents. Commissioner
Rademacher moved to approve said Form and authorize the Chair to sign any agreements consistent
with said form. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - NICOLAE, LLC:
Christopher Woodruff, Assessor, reviewed the petition request and stated staff feels the established
amount is appropriate and, therefore, recommends denial. A representative of the petitioner was not
present. Commissioner Garcia moved to deny said petition, as recommended by staff. Seconded by
Commissioner Rademacher, the motion carried unanimously.
Fl CONSIDER AGREEMENT FOR PURCHASE OF RIGHT-OF-WAY FOR CONSTRUCTION AND
REALIGNMENT OF PORTION OF CR 53 AND GRANT OF POSSESSION AND USE, ACCEPT DEED
OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - L.T.J.
PARTNERSHIP: Stephanie Arries, Assistant County Attorney, reviewed the terms of the agreement.
Leon Sievers, Department of Public Works, indicated the County will be purchasing 3.42 acres at
$1,250.00 per acre, $360.00 for crop damage, and up to $1,000.00 for attorney's fees, for a total of
$4,630.00, plus attorney fees. Commissioner Rademacher moved to approve said agreement, accept
deed of dedication, and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
PE CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE
OF CR 136 AND AUTHORIZE CHAIR TO SIGN - LEONARD AND JANYCE HARMS: Janet Carter,
Department of Public Works, recommended approval of the standard agreement, which will allow the
Harms to open a water depot along County Road 136. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
• CONSIDER TEMPORARY CLOSURE OF EAST 16TH STREET BETWEEN BALSAM AND
CEDAR AVENUES: Janet Carter, Department of Public Works, provided a brief summary of the
closure request, Commissioner Rademacher moved to approve said temporary closure.
Commissioner Garcia seconded the motion, and it carried unanimously.
Fl CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CRS 44 AND 46: Ms. Carter
provided a brief summary of the closure request. In response to Commissioner Kirkmeyer, Ms. Carter
confirmed staff typically uses barricades; however, they do allow continued agricultural operations as
much as possible. Commissioner Rademacher moved to approve said temporary closure.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
Minutes, April 30, 2012 2012-1134
Page 2 BC0016
• CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 51 AND 53: Ms. Carter
provided a brief summary of the closure request. Commissioner Kirkmeyer moved to approve said
temporary closure. Commissioner Garcia seconded the motion, and it carried unanimously.
CONSIDER ACKNOWLEDGEMENT OF PRIOR APPROVAL OF TODD CREEK VILLAGE
METROPOLITAN DISTRICT SERVICE AREA EXTENSION INTO CERTAIN PORTIONS OF WELD
COUNTY FOR THE PURPOSES OF SHOWING COMPLIANCE WITH THE REQUIREMENTS OF
PROPOSED AMENDED SECTION 32-1-207(2)(D)(IV), C.R.S., OF PROPOSED H.B.12-1239: Bruce
Barker, County Attorney, reviewed the purpose of the Resolution in response to H.B.12-1239, at the
request of Todd Creek Metropolitan District. He referenced various attachments, marked Exhibits A
and B. IE Tamara Siever and George Hanlon, representatives of Todd Creek, were present to
answer questions. Ms. Siever stated most of the issues were addressed in the work session; however,
she made a formal request for the public record. In response to Commissioner Kirkmeyer, Ms. Siever
confirmed the e-mail, marked Exhibit A, is the written communication of the request. No public
testimony was offered concerning this matter. a Commissioner Kirkmeyer stated she will not be
supporting the Resolution because there was no prior formal objection or approval by the Board and
the public notice to private property owners was not sufficient. a Commissioner Garcia moved to
approve said Resolution. The motion was seconded by Commissioner Long. Commissioner
Rademacher thanked Commissioner Kirkmeyer for working with Representative Glenn Vaad to delay
this matter until today. Chair Conway stated H.B.12-1239 is a good bill and he supports this action.
Upon a roll call vote, the motion carried four to one, with Commissioner Kirkmeyer opposed.
e CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR MAY 23, 2012: Due to the lack of a quorum, Commissioner Kirkmeyer moved to
approve said cancellation. The motion, which was seconded by Commissioner Rademacher, carried
unanimously.
PLANNING:
e CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USR PERMIT #1668 - PETER AND HEATHER VALCONESI: Rich Hastings, Department of
Public Works, described the location of the property and reviewed the proposed use of the site and
terms of the agreement. The motion, which was made by Commissioner Rademacher, and seconded
by Commissioner Kirkmeyer, carried unanimously.
e FINAL READING OF WELD COUNTY CODE ORDINANCE #2012-3, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE,
CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read Code Ordinance #2012-3 by title only. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read said title for the record.
Ei Tom Parko, Department of Planning Services, reviewed the changes made since first reading.
E9 Doug Meyer, County resident, expressed concern with the reference to condemnation. tJ
Mr. Barker stated the Ordinance refers to the statutory requirement in which if a municipality condemns
a parcel, the remainder will be recognized by the County as a legal lot. JEI Commissioner Kirkmeyer
added the language is intended to provide clarification and protection for the property owner. If a
municipality condemns private property, the County will recognize the remaining area as a buildable lot
and the property owner will not have to go through a separate land use process. There being no further
comments, Chair Conway closed public input. a Commissioner Kirkmeyer moved to approve Code
Minutes, April 30, 2012 2012-1134
Page 3 BC0016
Ordinance #2012-3 on final reading, as amended. The motion was seconded by Commissioner
Rademacher. Commissioner Kirkmeyer thanked staff for the rapid work and for providing proper public
notice in helping strengthen private property rights in Weld County. There being no further discussion,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2012-3 was approved on final 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 9:58 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:',.G0*
Sean P. Co , Chair
Weld County Clerk to the Board
William F. Garcia, ro-T m
BY:
Deputy CI k to the Bo- •.,i �' " •Z :��� �c
•,�O� mar ra Kirkmeyer
M
•
avid E. Long
00 7 43 74
DouglaslRademachdr
Minutes, April 30, 2012 2012-1134
Page 4 BC0016
Print Page 1 of I
Subject: Agriculture and Air Quality Technical Workgroup meeting
From: landon@capitolfocusllc.com (landon@capitolfocusllc.com)
To: Phyllis.Woodford@dphe.state.co.us; bhammerich@coloradolivestock.org, MSponsler@coloradocom.com:
Date: Monday, April 23, 2012 1:49 PM
Dear Agriculture and Air Quality Symposium Attendee,
Thank you for your interest in agriculture and air quality issues.
All of the powerpoint presentations that were presented at the February 2012 symposiums have been posted
online on the Colorado Department of Public Health and Environment's Air Pollution Control Division's webpage
under the Rocky Mountain National Park Initiative. Follow this link http://www.cdphe.state.co.us/ap/rmnp.html
(you may have to copy and paste the link in your web browser if it won't open when you click on it) to find the
presentations as well as other information about the Rocky Mountain National Park Initiative.
Also, the Agriculture and Air Quality Technical Workgroup will be holding its next meeting on Wednesday, May 16,
8:30 a.m. - noon, at the Colorado Livestock Association office in the board room on the third floor, 822 7th St.,
Greeley, CO 80631. Attached is the agenda for that meeting. We welcome your attendance.
The Agricultrue and Air Qualty Technical Workgroup meetings are open to the public and this notice is an
opportunity for the Workgroup to disseminate information to the public about the agriculture industry's proactive
efforts to address air quality issues.
Thank you,
Landon Gates
Capitol Focus ',Lc
970.218.0284
17
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