HomeMy WebLinkAbout20121465.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 11, 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, June 11, 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-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 4, 2012, as printed. Commissioner Kirkmeyer seconded the motion
and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, thanked those who attended the meeting
(meeting title and purpose not provided) last Thursday and stated he is planning to attend the upcoming
meeting.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda, as
printed. Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
E-9 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS — ARDEN
LENLING: Chair Conway read the certificate recognizing Arden Lenling for his years of service with the
Department of Public Works. Pat Persichino, Director, Department of Public Works, was present to
accept the certificate and retirement pin on Mr. Lenling's behalf.
El 2) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - RAYMOND
DAVIS: Chair Conway read the certificate recognizing Raymond Davis, deceased, for his years of
service with the Department of Public Works. Mr. Persichino was present to accept the certificate and
retirement pin on behalf of Mr. Davis' family.
ra Minutes, June 11, 2012 2012-1465
°1'\ Page 1 BC0016
BIDS:
1) PRESENT BID #61200067, CR 28/CR 7 TO CR 9.5 IMPROVEMENTS -
DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director, Department of Finance and
Administration, presented the bid and stated staff will make a recommendation on June 25, 2012.
OLD BUSINESS:
1) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION
OF SIX-INCH NATURAL GAS PIPELINE ALONG CR 61 AND AUTHORIZE CHAIR TO SIGN - DCP
MIDSTREAM, LP (CON'T FROM 6/4/2012): Janet Carter, Department of Public Works, stated staff
has been researching the questions presented by the Board and has scheduled a work session;
therefore, she requested this matter be continued. Commissioner Rademacher moved to continue
consideration of said agreement to June 18, 2012. The motion was seconded by Commissioner
Kirkmeyer and it carried unanimously.
NEW BUSINESS:
1) CONSIDER RESCINDING RESOLUTION #2012-1205, DATED MAY 14, 2012, AND
APPROVE REVISED CONTRACT AMENDMENT#1 FOR HEALTH DISPARITIES TASK ORDER AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and
Environment, explained the Task Order was received prior to approval of the new Master Contract;
therefore, he recommended rescinding document #2012-1205 and approving the revised Contract
Amendment, which is consistent with the terms of the Master Contract. He confirmed, although the
document format has changed, it is for the same program, with the same terms and funding amount.
Commissioner Kirkmeyer moved to rescind Resolution #2012-1205, dated May 14, 2012, approve said
revised contract amendment, and authorize the Chair to sign. Commissioner Rademacher seconded
the motion, which carried unanimously.
El 2) CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE PROGRAM AND
AUTHORIZE CHAIR TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE)
BOARD: JoAnn Holden, District Attorney's Office, reviewed the terms of the VALE contract and
confirmed there is no County match requirement. Commissioner Garcia moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
El 3) CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE DIVERSION
PROGRAM AND AUTHORIZE CHAIR TO SIGN: A representative from the Sheriffs Office was not
present; however, Ms. Mika stated the Board did review this matter with staff in a work session, and
she explained the award is for State pass-through funds which will be transferred from the Sheriff's
Office to Justice Services. Commissioner Kirkmeyer moved to approve said award and authorize the
Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously.
Fl 4) CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - VIPER2, INC., DBA BORDERLINE: Brad Yatabe, Assistant County
Attorney, stated the renewal application materials are in order and the referral agencies indicated no
concerns with the renewal request. Deputy Lisa Carpenter, Sheriff's Office, stated she did inspect the
facility and, at her request, the applicant did dispose of some fruit fly contaminated products; however,
she had no other issues with the renewal. Commissioner Rademacher moved to approve said renewal
application and authorize the Chair to sign. Commissioner Garcia seconded the motion, which carried
unanimously.
Minutes, June 11, 2012 2012-1465
Page 2 BC0016
E 5) CONSIDER TEMPORARY CLOSURE OF CR 59 BETWEEN CR'S 72 AND 74:
Ms. Carter reviewed the provisions of the closure. Commissioner Rademacher moved to approve said
temporary closure. The motion was seconded by Commissioner Long and it carried unanimously.
E 6) CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CR'S 31 AND 33:
Ms. Carter reviewed the provisions of the closure. Commissioner Rademacher moved to approve said
temporary closure. The motion, which was seconded by Commissioner Garcia, carried unanimously.
E l 7) CONSIDER TEMPORARY CLOSURE OF CR 54 BETWEEN CR'S 47 AND 49, AND
CR 54.25 BETWEEN CR'S 49 AND 53: Ms. Carter reviewed the provisions of the closures. In
response to Commissioner Kirkmeyer, Ms. Carter stated she will confirm notice is made to the Town of
Kersey and residents in the area. Commissioner Kirkmeyer moved to approve said temporary closure.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
ID 8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE
CHAIR TO SIGN - LEVIY JOHNSON: Commissioner Garcia moved to approve said appointment and
authorize the Chair to sign. The motion was seconded by Commissioner Long and it carried
unanimously.
Fl 9) CONSIDER RESOLUTION RE: DECLARE DROUGHT EMERGENCY IN WELD
COUNTY, COLORADO: Bruce Barker, County Attorney, introduced Bob Longenbaugh, former CSU
Professor, and John Meininger, Attorney, and stated he forwarded an updated Draft Resolution to the
Board via e-mail. In response to Commissioner Kirkmeyer, Mr. Barker stated it is up to the Board
whether the Resolution declares a Disaster Emergency in Weld County only, or if they ask the
Governor to also declare a State-wide emergency.
E5 Mr. Longenbaugh reviewed his qualifications and stated he has worked in the South Platte Valley
for more than 50 years. He reviewed the historic use of senior surface water rights and the use of wells
to supplement irrigation supplies during drought conditions. He also referenced various reports, which
he will submit to the County Attorney for review, documenting the needs of agricultural operations and
communities to survive a drought. He stated due to changes in water administration, farmers have lost
the ability to pump like they did in the past, so they are looking at ways to manage ground and surface
water supplies; however, they are also seeking short-term relief to pump a reasonable quantity of water
to save their crops. Mr. Longenbaugh stated there is documentation to support declaring this as a
state-wide issue, he strongly supports the draft Resolution, and he has also asked CSU to help collect
data. He asserted the water levels in the South Platte mainstream are at an all-time high, due to
pumping restrictions from Morgan County upstream to Denver, and he believes pumping and relaxation
of augmentation requirements for well decrees will help with the drought conditions, as well as reduce
the impacts from high groundwater levels.
Fl John Meininger, Attorney, represented various water rights owners concerning the issue of
pumping wells. He stated the Governor is in a statutory position to declare an emergency due to
drought conditions, and the most aggressive approach is to suspend enforcement of all prior cease and
desist orders. He stated the draft Resolution supports suspending the "restrictions" on pumping within
designated areas; however, the Board may also want to consider to what extent the restrictions are
lifted given the location, demands of senior parties, etcetera, before finalizing the document.
El At the request of Chair Conway, Mr. Longenbaugh reviewed the various Resolution modifications
for the record. Fl Mr. Barker stated the Resolution is seeking an order that is specific to Weld
Minutes, June 11, 2012 2012-1465
Page 3 BC0016
County, although it acknowledges the situation as a state-wide emergency. a Commissioner
Kirkmeyer stated the Commissioners need to declare an emergency in Weld County and also ask the
Governor to declare a state disaster based on what is occurring in Weld County, which he can add
other Counties to if he so chooses. a Following discussion, Mr. Longenbaugh reiterated his
proposed revisions.
El Mr. Meininger reviewed his suggested changes to the proposed language.
Fl Mr. Longenbaugh expressed the need to focus the emergency order on the drought situation,
rather than mixing in the issue of high groundwater levels, and Mr. Meininger concurred.
El Chair Conway asked for public input. Harry Strowhauer, County resident, expressed his concerns
with the effects of the drought on local farmers, including farming less land due to lack of surface water,
and certain crop and property damage as a result of the high ground water table. He explained the
need for a well-rounded agricultural base and the potential loss of traditional and organic markets,
which Weld County relies upon as an established leader in agriculture. He further stated the controlled
use of wells will protect the security and reliability of agriculture, which supports jobs and the economy.
In response to Chair Conway, Mr. Strowhauer stated the hail from the recent week's storm was
damaging; however, it did also provide an additional week of moisture. He explained a day without
water can be very damaging to crops in hot, dry conditions.
Fl Glen Fritzler, County resident, agreed with the previous comments of Mr. Strowhauer and added
an executive order from the Governor to open the wells will ease the emergency without any cost to the
public. He stated if the request is denied, the potential economic loss is very serious. Mr. Fritzler
reviewed the water allotments for his farm and, in response to Chair Conway, he stated he has spent
approximately $50,000 in the last two years to mitigate water removal from his basement because the
water table depth has risen from 18 feet to only 8 feet in the past few years.
la Dave Eckhart, County resident, stated he farms 3,800 acres; however, they left 600 acres fallow
due to the anticipated lack of water. He indicated they do own senior surface water rights; however,
they also need to pump from a well to supplement the need due to the drought. He further stated the
crops he has planted require 4,500 acre feet; however, his current quota is only 400 acre feet.
Fl Doug Meyer, County resident, stated he started his operations in 2002, and he went through the
water court to relocate two wells from the center of his property to consolidate them into one well
pumping at the same quantity. Since approved, he also installed a new high efficiency irrigation
system; however, the fees increased which voided that effort. He stated at one time he did receive
Cease and Desist Orders and they attempted to classify his wells as abandoned; however, he fought
the order based on the laws and avoided that action.
Mr. Longenbaugh stated H.B. 1278 was supported by both parties and was threatened with a
veto; however, it was later signed and over the next 18 months a study will be conducted concerning
the water administration issue. He reiterated that this emergency issue is a separate item to resolve
the drought situation this summer, while continuing to address the overall issue of corrective measures
in legislation in 2014.
Fl Bob Winter, Weld County Farm Bureau representative, commended the Board for attending the
meeting at the Fritzler Farm this past week to discuss drought mitigation. He stated the Weld County
Minutes, June 11, 2012 2012-1465
Page 4 BC0016
Farm Bureau supports the proposed emergency declaration, due to the potential loss of market. He
stated restricting pumping from a full aquifer does not make sense; the wells need to be run at
reasonable levels to survive the summer; and they also support the practice of monitoring wells for
future management.
El Chair Conway closed public testimony. Mr. Barker suggested recessing this matter to allow him
to confer with Mr. Lon enbaugh and Mr. Meininger and then call the issue back up after completion of
the Planning items. ItZ Commissioner Kirkmeyer clarified the Resolution needs to ask the Governor
to declare an emergency for the State of Colorado, include a statement that the situation is
County-wide, reference the residential damage as a result of the natural drought disaster and the
man-made disaster as a result of not allowing pumping, request the Governor to activate the Colorado
Drought Mitigation and Response Plan, and that he convene a Task Force specific to the total South
Platte River Basin to create a Mitigation Preparedness and Long Term Recovery Plan using the
information obtained from the H.B. 1278 study. She also expressed her willingness to commit County
resources to get all of these things completed.
e Mr. Longenbaugh suggested the Resolution also include language expressing the critical nature
of the situation which requires quick action from the Governor.
ID Chair Conway recessed the matter until after completion of the following Planning items to allow
time for the County Attorney to meet with Mr. Longenbaugh and Mr. Meininger to refine the Resolution
to ensure it is correct and effective in compelling the Governor to take action.
PLANNING:
E9 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #1630 -
REJOICE LUTHERAN CHURCH: Michelle Martin, Department of Planning Services, stated staff
conducted a site inspection and determined the necessary improvements have been completed;
therefore, she recommended the remaining collateral, in the amount of $10,218.45, be released.
Commissioner Kirkmeyer moved to cancel and release said collateral, as recommended by staff. The
motion was seconded by Commissioner Rademacher and it carried unanimously.
Ell 2) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USR11-0027 — M & M EXCAVATION COMPANY: Rich Hastings, Department of Public Works,
gave a brief description of the location of the property and stated staff recommends approval of the
Improvements Agreement and associated collateral. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
e 3) CONSIDER VACATION OF THE PLANNING COMMISSION AND BOARD OF COUNTY
COMMISSIONER HEARING DATES FOR THE REVIEW AND CONSIDERATION OF THE SERVICE
PLANS FOR DRY CREEK EAST METROPOLITAN DISTRICTS NOS. 1 - 5 / DRY CREEK EAST
MAINTENANCE METROPOLITAN DISTRICT: Mr. Yatabe explained the County received two Service
Plans and set the hearing dates, pursuant to Colorado Revised Statute requirements. However, staff
received a letter, dated May 18, 2012, indicating there is a conflict between the two principal parties
and their legal representation is requesting the matter be put on hold until the differences are resolved.
He stated the Service Plans are related to land use application, PUDZ12-0001, which has not been
scheduled and will also remain on hold until the Service Plan issues are resolved. In response to
Commissioner Kirkmeyer, Mr. Yatabe confirmed this action will vacate the Planning Commission
Minutes, June 11, 2012 2012-1465
Page 5 BC0016
hearing previously scheduled for August 7, 2012, as well as the Commissioner hearing set for
August 22, 2012. Commissioner Kirkmeyer moved to vacate said hearing dates and refer the Service
Plans to the Department of Planning Services until such time that they are resubmitted or withdrawn.
Commissioner Rademacher seconded the motion, which carried unanimously.
Ea 4) CONSIDER APPEAL CONCERNING DECISION OF PLANNING SERVICES
DIRECTOR REGARDING ASSESSMENT OF ROAD IMPACT FEE IN RELATION TO INDEPENDENT
FEE CALCULATION STUDY — NORFOLK IRON AND METAL: Trevor Jiricek, Director of Department
of Planning Services, provided a brief summary of the case history and the process in assessing the
Road Impact Fee, which was reduced from $142,699.00 to $59,450.00 following review of an
Independent Fee Calculation Study which identified unique and permanent features associated with the
facility.
IE Ron Wildeman, General Manager, reviewed the company history and facility improvements and
stated he has paid the reduced fee, which takes the rail spur into consideration; however, he argued
the additional employees are creating the fee, which does not make sense when they were employing
98 people prior to the economic downturn with no associated fees.
El Mr. Jiricek stated staff met with the applicant and explained the Code is set up to base Road
Impact Fees on building permits, which does overlook increased impacts when employees increase
and square footage does not. El Responding to Chair Conway, Mr. Wildeman explained the site is
currently limited to the use of eight railcars; however, completion of the rail spur will further decrease
truck traffic.
ID Ms. Carter confirmed the rail spur will reduce truck traffic and explained how she generated the
calculation comparison, which did not consider the weight of the vehicles. IR Mr. Wildeman stated if
the fee is based on the increase of employees, then he is only increasing by eight new employees and
a fee of$14,000 to $15,000 would be more appropriate.
la Responding to Commissioner Garcia, Mr. Yatabe stated this appeal process is based on
Section 20-1-80.H of the Weld County Code, which dictates the Board may affirm the Director's
decision or refer the matter with direction to the Director to recalculate the fee based on the Board's
findings. Ell Mr. Jiricek stated when the process for road impact fees was reviewed the Board chose
to use the Land Use Category method. Ms. Carter added the new system was selected so each site is
assessed equally based on square footage at the time of building permit.
Mr. Wildeman stated it does not make sense when there are other facilities that have increased
truck traffic; however, they have not increased their building size, so no fee is assessed.
Commissioner Garcia explained the fee is based on the selected land use category and the
designation of a Mini Warehouse is a generous classification in making the least impact to the
business; therefore, he is unable to make a finding to overturn the decision by the Director.
Commissioners Rademacher and Kirkmeyer agreed. Commissioner Long stated the Board must
remain consistent with the structure of the Code, and in this case, the fee has been studied twice and
adjusted fairly. Chair Conway agreed and indicated a reduction, in the amount of $83,219.00, is
substantial. He further stated the fee was reduced by more than sixty percent, which is an indication
the County is trying to work with the property owner. Commissioner Garcia moved to affirm the
decision of the Director of Planning Services regarding the Assessed Road Impact Fee in relation to the
Minutes, June 11, 2012 2012-1465
Page 6 BC0016
building permit for expansion of the existing Norfolk Iron and Metal warehouse facility. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
re 5) CONSIDER MINOR AMENDMENT, MUSR11-0002, TO SITE SPECIFIC
DEVELOPMENT PLAN AND USR PERMIT#1638 — BARTEZ, LLC: Kim Ogle, Department of Planning
Services, provided a brief overview of the uses previously approved in 2008, and stated, in May 2011,
staff received various letters of concern. Mr. Ogle indicated six referral agencies reviewed this Minor
Amendment and staff recommends approval based on the associated Conditions of Approval and
Development Standards. He reviewed the site layout map for the record, and displayed various
photographs of the site and surrounding area. El In response to Commissioner Kirkmeyer, Mr. Ogle
confirmed the original USR did not allow for a fueling station and all outside storage was supposed to
be screened; however, it will take quite some time before natural screening will be sufficient. El In
response to Commissioner Rademacher, Lauren Light, Department of Public Health and Environment,
stated the applicant has registered with the State and they are required to contain the fuel tank in the
event of a spill and they also need to submit a Waste Handling Plan.
El Jay Holmes represented the applicant and stated the operation has not changed since 2008.
They farm 2,500 acres in Weld County, in addition to managing biosolid materials for customers which
are used as fertilizer on the farm ground. He reviewed the nature of the equipment on the site and
explained there was some confusion of what needed to be screened; however, they selected living
screening on top of a three-foot berm to screen the equipment. He stated the operation is not
changing; rather, they are just trying to address concerns of the neighbors with additional screening. In
response to Commissioner Rademacher, Mr. Ogle confirmed, with the exception of the screening and
submittal of a Waste Handling Plan, all of the remaining Conditions have been completed, and the
number of employees and trucks has not changed.
El Carol Gildea, surrounding property owner, expressed concerns with the fueling station, storage
containers, and allowing non-agricultural USR permits in the area, and she submitted photographs,
marked Exhibit A. Ms. Gildea stated the business is not compatible with surrounding land uses, due to
the amount of outside storage, the fencing is an eyesore, the equipment on the site exceeds the
permitted three trucks, and the operation is generating an increase in traffic. e Commissioner
Kirkmeyer stated Ms. Gildea submitted a letter several months ago and she did go out and view the site
and visit with Ms. Gildea. In response to Commissioner Kirkmeyer, Ms. Gildea stated the living fence is
acceptable; however, it won't be effective for many years.
El Gerald Calvin, surrounding property owner, indicated he farms north of the site and he expressed
his opposition to the application to add a residence on a commercial operation in a rural area. He
stated the operation was stockpiling sewer sludge along the north side of the facility and was enforced
on by the Health Department on two separate occasions to remove the material, and the fueling station
is only necessary if the operation is planning to increase the number of trucks, which increases traffic
and hazards for local traffic and school buses. He proposed the speed limit be reduced from 55 to 45
miles per hour, and stated a local Real Estate company in Fort Lupton indicated this amendment will
have a negative impact on property values. He also expressed concern with potential fuel
contamination of water wells. There being no further comments, Chair Conway closed public
testimony.
F Mr. Holmes stated the entire site was permitted through the State and local health departments
for biosolids application. He clarified the residence was approved on the original Vt, and the fueling
station is contained and consists of what was displayed in staff's presentation. U In response to
Minutes, June 11, 2012 2012-1465
Page 7 BC0016
Commissioner Kirkmeyer, Mr. Ogle stated the site is permitted for three trucks and 15 employees.
Responding further to Commissioner Kirkmeyer, Mr. Holmes indicated the location of parking for the
company pickup trucks and private employee vehicles, as well as the equipment storage areas.
Commissioner Kirkme er commented slides 39 through 42 show equipment that was not identified in
the original USR. In response to Chair Conway, Mr. Holmes stated there was a difference
between the original and current staff interpretation of what types of equipment is agricultural, and he
acknowledged there has been an increase in truck traffic from Kerr-McGee Oil and Gas operations.
Commissioner Rademacher commented most of the equipment appears to be justified as agriculturally
related and it is common for many standard farm operations to have fuel tanks of comparable size that
do not farm 2,500 acres.
El In response to Chair Conway, Mr. Holmes stated he and the applicant have reviewed, and agree
to abide by, the Conditions of Approval and Development Standards. In response to Commissioner
Kirkmeyer, Mr. Ogle stated, regardless of whether the Minor Amendment is approved, the fueling
station would be allowed and it just needs to be reflected on the plat. Ms. Light reiterated the only
remaining Health item is the submittal of a Waste Handling Plan to address how they will handle a spill.
Commissioner Kirkmeyer commented it appears the uses have expanded without having the proper
screening in place from the original approval. Commissioner Garcia agreed with the comments
regarding screening and the argument for agriculturally related equipment, and stated a Minor
Amendment will create an additional layer of protection for the neighbors. Commissioner Long agreed.
Commissioner Kirkmeyer reiterated she is in support of the request, with the exception of addition of
non-agricultural equipment. Commissioner Rademacher noted the USR was originally for a non-
agricultural commercial business.
Commissioner Kirkmeyer moved to amend the Resolution to delete the reference to "additional
vehicles utilized for non-agricultural uses". Chair Conway seconded the motion for the purpose of
discussion. Commissioner Kirkmeyer stated they are allowed to have three tractor trailers and the
application does not indicate any changes that require more non-agricultural vehicles. Commissioner
Long stated that type of equipment is allowed on other farms. Upon a roll call vote, the motion failed
four to one.
El Commissioner Rademacher moved to approve MUSR11-0002, with the Conditions of Approval
and Development Standards, as proposed. Commissioner Long seconded the motion. Commissioner
Rademacher commented the applicant needs to strive to be a good neighbor, recognizing there are
people watching for compliance. Commissioner Kirkmeyer stated the applicant needs to strive to be a
good neighbor and, although she agrees with much of what will be permitted, she will be voting against
the application on principle, since many of the improvements should have been done long ago under
the original permit. Commissioner Conway agreed and urged the applicant to work with the neighbors.
Upon a call for the vote, the motion carried, with Commissioner Kirkmeyer, opposed.
El CONSIDER RESOLUTION RE: DECLARE DROUGHT EMERGENCY IN WELD COUNTY,
COLORADO: Mr. Barker reviewed the revisions proposed for Board acceptance. El Following
discussion, the Board agreed to remove the specific acreage amount of productive farmland.
Mr. Longenbaugh commended Mr. Barker for his assistance in creating language which provides
flexibility. Mr. Meininger stated the flexibility was accomplished with the term "restrictions" being
undefined and referring to all restrictions generally and post pumping restricting specifically, and
secondly, asking the Governor to act within a matter of days. He also thanked the Board for their
commitment to deal with the emergency and the County Attorney for his efforts. Mr. Longenbaugh
stated the collection of data is paramount and he suggested extending an invitation from the County to
Minutes, June 11, 2012 2012-1465
Page 8 BC0016
the Central Weld County Water District and CSU to meet this week to discuss what data would be most
beneficial and how the overall project will be managed. Commissioner Rademacher agreed and
commented there are farmers who are also willing to allow tests and monitoring wells on their
properties.
ID Commissioner Rademacher stated he strongly supports the Resolution; however, there are many
farmers that it will not help who have already lost their crops. He stated the 2002 State modeling is not
effective and once they start running wells, more water will start showing up on the rivers.
Commissioner Garcia agreed and thanked everyone for coming. Commissioner Long agreed this
disaster can be stopped, the solution will not cost the State, and the County is willing to designate funds
for testing and further study of long-term impacts. Commissioner Kirkmeyer agreed with the prior
comments and also thanked those who attended the meeting last Thursday and assisted with the
Resolution. Following discussion regarding H.B.1278, Mr. Longenbaugh added there are some funds
in the Water Conservation Fund which are designated to be spent by July 1, 2012, and an additional
$500,000 in the next fiscal year, most of which is designated to well monitoring. Chair Conway thanked
Glen Fritzler for coordinating the meeting last week. He stated all of the testimony was very
compelling, the Board is supportive of H.B.1278, and the meeting emphasized the tools available to
prevent this disaster, rather than just responding to a disaster. He stated the goal of this Resolution is
to demonstrate the extraordinary circumstances to the Governor in hopes that he will take action to help
avoid the disaster.
El Chair Conway stated the Resolution will be completed and signed immediately following the
meeting and forwarded to the Governor's Office, and a cover letter will be included, requesting a
meeting this week. He recognized the wildfires also require the Governor's attention; however, he
believes prompt action can also address the drought situation as well.
ID Commissioner Rademacher moved to approve the Resolution, as amended. Commissioner
Kirkmeyer seconded the motion, which carried unanimously. Mr. Longenbaugh stated he will provide
copies of the various reports to also be transmitted to the Governor with the Resolution.
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.
Minutes, June 11, 2012 2012-1465
Page 9 BC0016
There being no further business,this meeting was adjourned at 12:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: �
Sean
Weld County Clerk to the Board
William F.Garcia,Pro em
BY:
Deputy CI k to the Bo °,
a Kirkmeye
i861 t O ‘. F
avid E.Long
w--y" Douglasitademache
Minutes,June 11,2012 2012-1465
Page 10 BC0016
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