HomeMy WebLinkAbout20120255.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 25, 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, January 25, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tern
Commissioner Barbara Kirkmeyer— EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 23, 2012, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: Bruce Barker, County Attorney, explained the ratification was rejected
on January 23, 2011, in order to verify production, and it has been verified there has been continuous
production since the year 1974, and the County has continuously been receiving royalty payments;
therefore, the ratification should be approved. In response to Commissioner Garcia, Mr. Barker
indicated production keeps the lease active and it is rare that production is continuous for this length of
time; therefore, he needed to confirm that was the case with this lease. In response to Commissioner
Rademacher, Mr. Barker confirmed even one day would constitute a break in production; however, the
well must be closed, and it does not apply to breaks in production due to repairing flow lines.
Commissioner Rademacher moved to remove Item 5) Action of the Board Concerning Ratification of
Oil and Gas Lease Covering Certain Property Owned by Weld County, Colorado — N1/2SW1/4, S26;
SE1/4, S27; NE1/4, S34; and NW1/4, S35, All in T7N, R67W [2012-0213], from Resolutions on the
Consent Agenda, and add it as Item #10 under Miscellaneous. Seconded by Commissioner Garcia,
the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he presented some Initiatives to the Board
on Monday and he found out the website address for the information is cowatercongress.org, which is a
nonprofit information and lobbying organization that has been in existence since the year 1958 and is
located in the City of Denver. He stated he is trying to provide the information to as many people as
possible to prevent the Initiatives from being placed on the ballot. Mr. Meyer thanked Commissioner
Rademacher for initiating discussion about the watershed at a recent meeting with the Forest Service.
In response to Mr. Meyer, Commissioner Rademacher indicated the Forest Service is being sued by
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the ski industry. Commissioner Rademacher stated the Water Congress, which the County has been a
member of for a number of years, will be lobbying against several upcoming issues. Chair Conway
stated the Colorado Water Congress's winter meeting is taking place in Denver within the next few days
and he is sure the Initiatives will be a heated topic of discussion, and there will be a limited amount of
time for a certain number of signatures to be obtained on the petitions in order to place the Initiatives on
the ballot. He stated the appropriate point in the process to initiate action is immediately after the
Secretary of State is notified about the petitions, and it will be incumbent upon the Water Congress,
Farm Bureau, and elected officials to explain to people why it would be foolish to place the Initiatives on
the ballot. He stated it is unfortunate the Board did not have the information when the Initiatives were
at the Ballot Board, when they could have raised the issue of constitutionality; however, sufficient public
notice was not given and the meeting was conducted during the holiday season. Chair Conway
concurred with Mr. Meyer's analysis that the Initiatives are unconstitutional, and he stated it is fortunate
that Justice Hobbs was a water attorney prior to his appointment to the Colorado Supreme Court.
Commissioner Rademacher stated there will be pressure from many factions against the Initiatives.
Commissioner Conway commended Mr. Meyer for not waiting until the last moment to get involved and
for bringing the matter to the Board's attention, and he stated the Board will begin getting the
information out to people and it will initiate discussion on the matter to the Agriculture and Water
Committee at the Colorado Counties, Inc. (CCI) Conference on February 9, 2012. Mr. Meyer stated the
Initiatives could adversely affect the dairy industry and the Northern Integrated Supply Project (NISP).
Commissioner Rademacher stated the Initiatives could have a trickle effect across the entire country.
Tim Shiely, aka Scooter McGee, radio personality on KFKA, expressed his opposition to the National
Defense Authorization Act, which was signed into law by President Obama on December 31, 2011, and
will go into effect on March 1, 2012. He indicated that under the Act, anyone can be categorized as a
terrorist and subject to secret arrests, kidnapping, torture, and being detained indefinitely, even if they
are not found guilty of a crime, which is in violation of the Colorado and United States Constitutions. He
stated on December 14, 2011, Congress passed the Conference Report to HR1540, and Congressman
Cory Gardner sent a form letter to him in which he claims he would never vote in favor of a Bill that
does not follow the Constitution; however, this Bill violates the Constitution. Mr. Shiely stated El Paso
County, Colorado, passed a Resolution to nullify HR1540, and he has emailed Chair Conway a copy of
the Resolution. He stated Weld County prides itself on freedom, liberty, and economic prosperity and
the National Defense Authorization Act will destroy all that the Board has worked to achieve. He
requested that the Board follow El Paso County's lead and pass a similar Resolution. Commissioner
Long stated he wants to find out more about the text in the National Defense Authorization Act, and if it
states what Mr. Shiely has indicated, then he would be in favor of a Resolution; however, he wants all
the facts before him first, since he has heard various interpretations of the language. Chair Conway
stated he will follow up with the El Paso County Commissioners to discuss this matter and have the
County Attorney review the Resolution passed by El Paso County before the Board takes action. In
response to Chair Conway, Mr. Shiely confirmed he would be interested in attending a work session on
the matter. Mr. Meyer stated he submitted an article to the Board a couple of weeks ago regarding the
National Defense Authorization Act.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda, as
amended. Commissioner Garcia seconded the motion, and it carried unanimously.
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Page 2 BC0016
PRESENTATIONS:
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - VALERIE GURULE-
DURAN AND GREGORY KITTILSON: Chair Conway read the certificates into the record, recognizing
Valerie Gurule-Duran and Gregory Kittilson for their service on the Juvenile Community Review Board.
RECOGNITION OF SERVICES, WELD/LARIMER REVOLVING LOAN FUND COMMITTEE —
WILLIAM HEDBERG: Chair Conway read the certificate into the record, recognizing William Hedberg
for his service on the Weld/Larimer Revolving Loan Fund Committee. Commissioner Rademacher
thanked Mr. Hedberg for his time and service. Commissioner Long thanked Mr. Hedberg for his
commitment to being sincere and consistently serving the community on various boards and
committees over the past twelve years. Chair Conway stated eight (8) years of service is a lengthy
amount of time on this Committee, and Mr. Hedberg has always been willing to invest his time to serve
Weld County. He stated this fund essentially helps small businesses and creates new jobs, and the
Committee is entrusted with the taxpayers money. Mr. Hedberg expressed his appreciation to the
Commissioners and all of Weld County for allowing him the honor to serve on the Committee.
COMMISSIONER COORDINATOR REPORTS: Chair Conway stated last night he attended the Erie
Chamber of Commerce annual meeting, and the Chamber has a new webpage. He stated Encana
sponsored the event and gave a report about what it is doing for the Erie school system, including
providing the Parent Teacher Organization with $60,000.00 for a science project.
NEW BUSINESS:
CONSIDER APPOINTMENTS TO BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL
CENTER: Commissioner Long moved to appoint Dr. Susan Carter and Thomas Grant to the Board of
Trustees for North Colorado Medical Center, with terms to expire January 13, 2015. Commissioner
Garcia seconded the motion, which carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1030 - BURLINGTON
NORTHERN SANTA FE RAILROAD COMPANY (CON'T FROM 1/11/12): Kim Ogle, Department of
Planning Services, stated the matter was continued from January 11, 2012, in order to allow the
applicant time to prepare the plat, which has been reviewed by staff and accepted. He stated the
remaining Conditions of Approval are to have the final inspection of the tower conducted, which has
been erected since the year 1993, and to record the plat. In response to Chair Conway, Mr. Ogle
clarified he is requesting that this matter be continued to February 27, 2012. No representatives of
Burlington Northern Santa Fe Railroad Company were present. Commissioner Rademacher moved to
continue the matter to February 27, at 9:00 a.m. Seconded by Commissioner Garcia, the motion
carried unanimously.
NEW PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1648 - RICHARD AND CYNTHIA
STALCUP: Chris Gathman, Department of Planning Services, stated this Use by Special
Review (USR) Permit was approved on June 4, 2008, for a tree trimming business and truck parking in
the A (Agricultural) Zone District. He stated he has had conversations with Cynthia Stalcup, applicant,
who indicated that her husband, Richard Stalcup, has passed away, and he was the one who was
operating the business. He stated this property was a zoning violation case in the year 2007; therefore,
if the USR Permit is rescinded, the property will be subject to the zoning violation process again.
Mr. Gathman stated that Ms. Stalcup is no longer operating the business; however, there are vehicles
associated with the business remaining on the property. He stated Ms. Stalcup has indicated that she
intends to sell the vehicles at an auction through Ritchie Brothers, and some of the vehicles have been
given to family members. He stated he is in favor of the request to vacate the USR Permit. No
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representatives for Richard or Cynthia Stalcup were present. In response to Commissioner
Rademacher Mr. Barker recommended the matter be referred back to staff. Commissioner
Rademacher moved to refer the matter back to staff. Commissioner Long seconded the motion.
Commissioner Conway directed that staff consider the circumstances surrounding the situation,
including the death of Mr. Stalcup and the fact that the applicants had applied for the USR Permit to
correct the previous zoning violation, and act accordingly. There being no further discussion, the
motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1297 — BRADLEY AND HEIDI
WINDELL: Mr. Gathman stated this USR Permit was approved by the Board on January 3, 2001, for a
Single Family Dwelling Unit. He stated four (4) different planners have corresponded with the
applicants regarding this case over its duration. He stated he met with Bradley Windell, applicant, on
Monday, and there are only two (2) remaining Conditions of Approval, and one of those is finalizing the
plat and there are a few changes which need to be made to the plat before it can be submitted for
recording. He stated the other outstanding Condition of Approval is regarding access improvements,
and the applicant is requesting 30 days to complete the items, which staff supports. No representatives
for Bradley or Heidi Windell were present. After a brief discussion, Commissioner Garcia moved to set
a Final Rescission Hearing on March 26, 2012, at 9:00 a.m. Seconded by Commissioner Rademacher,
the motion 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, January 25, 2012 2012-0255
Page 4 BC0016
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