HomeMy WebLinkAbout20120090.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 9, 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 9, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 4, 2012, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following under New
Business: 9) Consider Request for Release of Funds and Certification for Neighborhood Stabilization
Program and authorize Chair to sign [2012-0085]. Commissioner Garcia seconded the motion, and it
carried unanimously.
(Clerk's Note: Chair Kirkmeyer is now in attendance.)
PUBLIC INPUT: Steve Teets, Greeley resident, stated the issues involving FirstTransit have not been
resolved and Channel 9 News did a report on the matter. He asked the Commissioners to write a letter
to the appropriate individuals, on behalf of their constituents, stating an excessive $60 million was spent
by the State but the County does not need a broker because there are other more reliable resources.
Mr. Teets stated he did contact Representative Dave Young to make him aware of the situation. Chair
Conway stated he did see the 9 News report and Toby Taylor, Department of Buildings and Grounds, is
keeping the Commissioners totally apprised of the situation. He further stated FirstTransit was
obviously not fully prepared for the workload and the Board is monitoring the situation very closely and
considering sending a letter to the State. He reiterated the Board is not satisfied with the arrangement;
however, it is the State's responsibility to improve the situation and he urged the constituents to be
diligent in contacting their State representatives to demand the broker meet the terms of the contract
and ensure the needs of the public are met. In response to Chair Conway, Mr. Teets confirmed there
has been an attempt to schedule a meeting; however, the timing has not been finalized.
} Minutes, January 9, 2012 2012-0090
Page 1 BC0016
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF PAST CHAIRS: Chair Conway recognized his peers for their service as prior
Chairs of the Weld County Board of Commissioners and presented Commissioners Kirkmeyer,
Rademacher, Garcia, and Long with plaques.
BIDS:
PRESENT BID #B1200001, THIRTEEN (13) FORD CROWN VICTORIAS - SHERIFF'S OFFICE:
Barbara Connolly, Controller presented the five bids received, which will be considered for approval on
January 23, 2011. Following discussion, the Board requested an additional work session on each of
the following items prior to the approval date.
PRESENT BID #81200002, ONE (1) 4X4 SUV- SHERIFF'S OFFICE: Ms. Connolly presented the five
bids received.
PRESENT BID #B1200003, ONE (1) CIVILIAN VEHICLE - SHERIFF'S OFFICE: Ms. Connolly
presented the six bids received.
PRESENT BID #B1200004, TWO (2) THREE-QUARTER TON 4X4 EXTENDED CAB LONG BOX
PICKUPS - SHERIFF'S OFFICE: Ms. Connolly presented the six bids received and stated if the
pickups are delivered with a box, the County has the option to take them off and sell them separately.
PRESENT BID #81200005, ONE (1) HALF-TON 4X4 CAB PICKUP WITH TOPPER - CORONER'S
OFFICE: Ms. Connolly presented the seven bids received.
PRESENT BID #B1200006, ONE (1) THREE-QUARTER TON 4X4 EXTENDED CAB PICKUP WITH
LONG BOX - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly presented the six bids
received.
PRESENT BID #B1200007, ONE (1) HALF-TON 4X4 REGULAR CAB PICKUP - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Connolly presented the three bids received.
PRESENT BID #B1200012, ONE (1) 4X4 MEDIUM SUV - DEPARTMENT OF PUBLIC WORKS: Ms.
Connolly presented the five bids received.
PRESENT BID #B1200014, ONE (1) THREE-QUARTER TON 4X4 EXTENDED CAB PICKUP WITH
LONG BOX- DEPARTMENT OF PUBLIC WORKS: Ms. Connolly presented the six bids received.
PRESENT BID #B1200018, TWO (2) ONE-TON 4X4 REGULAR CAB PICKUPS WITH DUAL WHEELS
AND WELDER FLATBED - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly presented the seven
bids received.
PRESENT BID #B1200019, ONE (1) TRUCK CAB AND CHASSIS WITH ROADSIDE SPRAYING
SYSTEM - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly presented the three bids received.
PRESENT BID #B1200020, TWO (2) TANDEM AXLE MULTI-USE TRUCKS - DEPARTMENT OF
PUBLIC WORKS: Ms. Connolly presented the nine bids received.
Minutes, January 9, 2012 2012-0090
Page 2 BC0016
PRESENT BID #B1200021, ONE (1) QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF
PUBLIC WORKS: Ms. Connolly presented the two bids received.
PRESENT BID #B1200022, ONE (1) PULL BROOM SWEEPER - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly presented the two bids received.
PRESENT BID #B1200023, ONE (1) 22-FOOT TILT DECK TRAILER - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly presented the four bids received.
PRESENT BID #61200024, THREE (3) MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly presented the three bids received.
PRESENT BID #61200025, ONE (1) 25-TON PNEUMATIC TIRE ROLLER COMPACTOR -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly presented the two bids received.
PRESENT BID #61200026, ONE (1) ASPHALT PICKUP MACHINE - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly presented the three bids received.
NEW BUSINESS:
CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - HEXCEL CORPORATION,
C/O MARK SEYMOUR (R6775983 AND P0905335): Christopher Woodruff, Assessor, stated the first
petition is to adjust the 2010 valuation of the real property. He stated staff worked with the company
and agreed on approval, in part, for the amounts reflected on the petition. Chair Conway confirmed
there was no one present to represent the petitioner. Commissioner Kirkmeyer moved to approve the
petition for real property as recommended by staff. Commissioner Rademacher seconded the motion,
which carried unanimously. Mr. Woodruff explained staff inspected the equipment reflected in the
second petition and agreed to adjust the value, in part. Commissioner Garcia moved to approve the
second petition for personal property, as recommended by staff. Commissioner Kirkmeyer seconded
the motion, which carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN — RJML, LLC, DBA LA MARAVILLA: Brad Yatabe, Assistant County
Attorney, stated the Health Violation has been continued until March and at this time La Maravilla does
have a valid liquor license and staff recommends approval of the Dance application. He noted the
Board does have the option to include clarifying language which makes on-going approval of this
license contingent upon compliance with the Health Department regulations and renewal of the liquor
license in March. Commissioner Rademacher moved to approve said application and authorize the
Chair to sign, and requested future dance applications be accompanied by a report of liquor license
compliance from the Sheriff's Office. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER APPLICATION TO CHANGE, ALTER, OR MODIFY PREMISES AND AUTHORIZE CHAIR
TO SIGN - LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB: Mr. Yatabe stated the referral agency
comments have been addressed. Commissioner Rademacher moved to approve said application and
authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB: Deputy Jeremy Frey stated he
inspected the property on December 15, 2011, and found no issues of concern with the license or the
premises. He stated there was only one call for service for a disturbance and the individuals involved
Minutes, January 9, 2012 2012-0090
Page 3 BC0016
were cited. Commissioner Rademacher moved to approve said renewal application and authorize the
Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
CONSIDER FIFTH AMENDMENT TO AMBULANCE SERVICES AGREEMENT AND AUTHORIZE
CHAIR TO SIGN — BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dave
Bressler, Director, Weld County Paramedic Service, stated this amendment is for a 90-day extension to
allow additional time for the Banner legal department to review the changes, and he confirmed the
Paramedic Service will continue to be compensated in the interim. In response to Commissioner
Kirkmeyer, Mr. Bressler explained they do experience problems with receiving payment within 30 days
for Medicare and Medicaid patients, and he agreed to bring copies of the proposed revisions for the
Board to review. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair
to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY
AND AUTHORIZE CHAIR TO SIGN: Ms. Connolly stated this is the monthly report to be submitted to
the State. Commissioner Rademacher moved to approve said report and certification and authorize the
Chair to sign. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO FAIR BOARD: Commissioner Kirkmeyer moved to appoint John
Stahley to the Fair Board, with a term to expire September 30, 2012. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER LICENSE AGREEMENT FOR USE OF SOUTHWEST WELD COUNTY SERVICES
BUILDING PONDS FOR WATER RESCUE TRAINING PURPOSES AND AUTHORIZE CHAIR TO
SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT: Commissioner Rademacher stated the
Weld County Attorney's Office and Pat Persichino, Director, Department of Public Works, have
reviewed the terms. Commissioner Rademacher moved to approve said agreement and authorize the
Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
CONSIDER REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR NEIGHBORHOOD
STABILIZATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Tom Teixeira, Director,
Greeley-Weld County Housing Authority, stated a notice concerning this request has been published
and he has received no public comment. He explained the funds will be used to rehabilitate housing
within the City of Fort Lupton. In response to Commissioner Kirkmeyer, Mr. Teixeira confirmed the City
of Fort Lupton has also been notified of the release of funds. Commissioner Kirkmeyer moved to
approve said request and certification and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1696 - MANUEL AND
ANITA BALDERAS: Michelle Martin, Department of Planning Services, stated the USR was approved
on July 22, 2009, and staff has sent letters informing the applicant of the outstanding items necessary
to record the plat. She stated the applicant has been diligently working on the Conditions and she
recommended the matter by continued for 60 days or referred back to staff for processing. Manual
Balderas, applicant, explained he has been operating in Weld County for 25 years and, although
business has been slow lately, he believes an additional 60 days will be adequate time to complete the
requirements. In response to Commissioner Kirkmeyer, Mr. Balderas indicated the location of his
business, and Ms. Martin reviewed the remaining items to be completed. Commissioner Kirkmeyer
moved to dismiss the hearing and refer the matter back to Planning Services for processing.
Commissioner Garcia seconded the motion, which carried unanimously.
Minutes, January 9, 2012 2012-0090
Page 4 BC0016
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1628 - C. B. KEIRNES,
C/O BILL BARRETT CORPORATION: Chair Gathman, Department of Planning Services, stated there
has been a change in ownership and the new owner, Bill Barrett Corporation, intends to proceed with
the Conditions; therefore, staff recommends continuing the hearing for 30 days or referring the matter
back to staff. Tom Hellerich, Attorney, stated he represented the original applicant and thought
everything had been finalized. He explained the paper version of the plat has been submitted and the
new owner needs to finalize the mylar and get it recorded. Commissioner Rademacher moved to
dismiss the hearing and refer the matter back to the Department of Planning Services for processing.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1580 - JUSTIN AND
ANDREA DAVIS: Mr. Gathman stated he did go back out to the site and post a sign, and he noted the
house did not appear to be in use for the business; however, the house does have a resident. He
further stated the property owner has not contacted staff since the sign was posted; therefore, staff
recommends proceeding forward with a rescission hearing. Chair Conway confirmed the applicants
were not present to offer testimony. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed
the permit was approved five years ago; however, the applicants have not met any of the requirements.
He also explained the Code has changed to where the proposed use would now be classified as a
Class II Home Occupation, which is not subject to a USR. Commissioner Rademacher moved to set
the matter for a Final Rescission hearing on February 13, 2012, with instruction to staff to post a final
sign. Commissioner Kirkmeyer seconded the motion and requested a final notice letter also be sent.
The motion carried unanimously.
NEW PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1590 - CONTRERAS
FARMS, INC.: Mr. Gathman stated the USR was approved on August 22, 2007; he reviewed the
outstanding conditions of approval and state requirements to be completed, and recommended
scheduling a final rescission hearing. In response to Commissioner Kirkmeyer, Mr. Gathman confirmed
the facility was granted a Substitute Water Supply Plan for 1,800 calves, through May 31, 2012;
however, the applicant is required to provide evidence of an adequate water source. Tim Naylor,
AGPROfessionals, LLC, stated they were brought in as a consultant in 2009, and following a redesign,
the pond was reconstructed in January, 2011. He stated there is one final requirement from the State
to bring the site into compliance, which must be met by June 29, 2012. He explained the applicant has
not progressed with the USR Conditions of Approval due to funding constraints, and they felt it was
best to focus their efforts on completing the environmental components and then follow-up on the
County items. Responding to Commissioner Kirkmeyer, Mr. Naylor stated the site consists of 160
acres; the operation would be subject to Confined Animal Feeding Operation (CAFO) regulations even
if they were allowed a Use by Right; and the applicant has spent approximately $200,000 in the past
several years working toward compliance. Dean Santistevan, Clear Water Solutions Engineer, clarified
the applicant purchased a share of New Cache La Poudre Irrigation Ditch Company and made an
application to the Colorado Water Court to change the use. Additionally, the applicant has secured
another share of water and has valid well permits to augment up to 5,000 head of cattle. He stated
they anticipate the Substitute Water Supply Plan will continue to be approved based on the temporary
use until the applicant goes to water court, which is not likely to happen in the next year. Commissioner
Kirkmeyer stated she is willing to grant a continuance; however, she is opposed to allowing an increase
in animals while the facility is out of compliance with the State Health Department. Commissioner
Rademacher agreed, especially considering the complaints filed with the State. Mr. Naylor reiterated
the facility is anticipated to be in compliance with Regulation 81 by June 29, 2012, with the intension of
continuing as a CAFO facility. Commissioner Kirkmeyer proposed setting a final hearing date for one
year, with a requirement for quarterly reports and a provision that the hearing date may be scheduled
sooner if progress is not being made. Jorge Contreras, owner, explained dairies are expanding and
that results in more calves, so he anticipates up to 2,500 additional calves in the coming year.
Minutes, January 9, 2012 2012-0090
Page 5 BC0016
Commissioner Kirkmeyer reiterated she understands the increase in demand; however, the facility must
be in compliance before expanding. Mr. Contreras explained the first pond was built incorrectly and the
construction company went bankrupt so he lost that money and had to start over. Responding to
Mr. Naylor, the Board clarified the quarterly report should document progress toward compliance with
State requirements and the USR permit. They noted the hearing date may also be moved up if the site
is found to be in compliance or to make further adjustments. Commissioner Kirkmeyer moved to set a
Final Hearing for January 9, 2013, with the requirement of quarterly reports to be submitted to the
Department of Planning Services and clarification that there shall be no increase in the current number
of animals. She also instructed staff to forward the reports for review by the Board and indicated an
earlier hearing date may be set with a two-week notice, if necessary. Commissioner Rademacher
seconded the motion. Mr. Gathman clarified the site currently has 2,900 animals registered with the
State, and Chair Kirkmeyer confirmed the facility is not allowed to increase above that. There being no
further discussion, 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 10:26 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Sean P. Co y, Chair
Weld County Clerk to the Board \
Will. G rcia, Pro em
BY: 4,
Deputy CI'=-rk to the Bo- , v 2
fl Kirkmeye
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'Da'vid . Long OU pi or Dougla�Rademache
Minutes, January 9, 2012 2012-0090
Page 6 BC0016
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