HomeMy WebLinkAbout20121155.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 2, 2012
e 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, May 2, 2012, at the hour of 9:00 a.m.
El 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 30, 2012, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El PUBLIC INPUT: Doug Meyer, County resident, made comments in reference to a Greeley
Tribune article, dated April 24, 2012, regarding dairy surcharges, as well as an article, dated April 29,
2012, regarding southern Colorado farmers paying more for water.
lEi CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
e MENTAL HEALTH MONTH - MAY 2012: Chair Conway read the certificate proclaiming
May, 2012, as Mental Health Month. Larry Pottorff and Jackie Kennedy, North Range Behavioral
Health (NRBH), conveyed their appreciation to the Board for their support and confirmed the biggest
issue is awareness. Mr. Pottorff stated they strive to help people recover from mental illness, and he
also recognized partners such as Sunrise Community Health, the Weld County Department of Public
Health and Environment, and North Colorado Medical Center. He also extended an invitation to an
open house on May 9, 2012. The Board commended NRBH for raising the level of awareness through
the unique partnerships within the community.
3J�' Minutes, May 2, 2012 2012-1155
Page 1 BC0016
COMMISSIONER COORDINATOR REPORTS: Chair Conway reported Weld County received
$52 million from Anadarko and $57 million from Noble Energy in tax payments, and nine of the top ten
property tax payments were from energy related entities. Commissioners Kirkmeyer and Garcia added
Anadarko praised the Weld County Assessor's and Treasurer's Offices for their professionalism.
BIDS:
le PRESENT BID #61200082, GROVER GRADER SHED COMPLEX - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director, Department of Finance and Administration, presented the four bids
received and stated staff will make a recommendation for approval on May 16, 2012.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JAMES H TURNER /
WELLS FARGO / US BANK, C/O JIM SCHWALLS AND ASSOCIATES, INC (CONT FROM
04/09/2012): Christopher Woodruff, Assessor, reviewed the petitioner's request and stated staff
reviewed the cost, income, and market approaches, and since the petitioner provided no additional data
to support their request, staff recommends denial. A representative of the petitioner was not present to
speak to the matter, although the previous continuance was at their request. Commissioner Garcia
moved to deny said petition, as recommended by staff. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
NEW BUSINESS:
Fl CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON-SITE INSPECTION, AND SETTING HEARING DATE CONCERNING
APPLICATION OF CARPO, LLC, AND 7-ELEVEN, INC., DBA 7-ELEVEN STORE #39510, FOR A 3.2
PERCENT BEER (OFF-PREMISES) RETAIL LICENSE: Brad Yatabe, Assistant County Attorney,
stated this liquor license application is for a new construction; therefore, the applicant has requested
the Board set the hearing with the understanding that, if granted, issuance of the license will be
contingent upon receipt of a Certificate of Occupancy and an inspection by the Board. He stated
conditional approval is allowed by State statute, and the Board inspection of the premises is a local
requirement. Commissioner Garcia moved to approve said establishment of the neighborhood,
designate Commissioner Rademacher to make an inspection, and set the hearing date for May 21,
2012, at 9:00 a.m. Seconded by Commissioner Rademacher, the motion carried unanimously.
la CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 49 BETWEEN CRS 32
AND 65: Janet Carter, Department of Public Works, was not present and the Board moved this item to
the end of the Agenda.
la CONSIDER QUIT CLAIM DEED FOR POUDRE PONDS SECOND ANNEXATION AND
AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY: Bruce Barker, County Attorney, explained the
property was originally dedicated to the County by the developer; however, as a result of the recent
annexation, the trail is now ready to go back to the City of Greeley and they will acquire all maintenance
responsibilities. In response to questions, Mr. Barker stated the trail lies only within the Second
Annexation portion, and the deed is subject to the recording of the plat. Commissioner Rademacher
moved to approve said Quit Claim Deed and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
la CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR JUNE 6, 2012: Commissioner Kirkmeyer moved to cancel the Board meeting of
June 6, 2012, due to the lack of a quorum. Commissioner Rademacher seconded the motion, and it
carried unanimously.
Minutes, May 2, 2012 2012-1155
Page 2 BC0016
HEALTH OLD BUSINESS:
IR CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE - CULVER'S RESTAURANT (CON'T FROM 3/23/2012): Dan Joseph, Department of Public
Health and Environment, reviewed the terms of the previous continuance and stated, although none of
the previous violations were noted, there were three new critical violations cited. He stated staff
recommends the suspension of the license be held in abeyance and that two more regular inspections
be conducted. He reviewed recent legislation changes, which require the assessment of three civil
penalties before a case may be brought before the Board; however, in this instance, the facility is
already in the process and they do not have to start over. a Mr. Barker stated H.B.12-1097 was
approved by the Governor on April 6, 2012, and he submitted a copy for the record. In response to
Commissioner Kirkmeyer, Mr. Joseph confirmed staff does have a good workin relationship with the
operator, and they have been very responsive to requests for improvement. tag At the request of
Commissioner Garcia, Mr. Joseph and Deb Adamson reviewed the three critical violations for the
record. El Ashley Clark, Culver's Manager, stated the necessary actions have been taken to resolve
the violations and she is committed to maintaining continued compliance. Commissioner Kirkmeyer
moved to hold the suspension in abeyance and continue the matter to August 1, 2012. The motion,
which was seconded by Commissioner Long, carried unanimously.
NEW BUSINESS:
IR CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 49 BETWEEN CRS 32
AND 42: Janet Carter, Department of Public Works, is now in attendance and she reviewed the
temporary speed reduction request due to an asphalt milling project to ensure the safety of the traveling
public. Commissioner Kirkmeyer moved to approve said temporary speed reduction, with instruction to
staff to also provide notice to the Energy Work Group, as well as in the Lost Creek Guide.
Commissioner Garcia seconded the motion, and it carried unanimously. (Clerk's Note: Typographical
error discovered and all related documents corrected from CR 65 to be CR 42.)
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, May 2, 2012 2012-1155
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair C
Weld County Clerk to the Board z, ,
EL A William F. Garcia, ro-Te—
BY:
Deputy CI 4k to the B s's=
arb Kirkme er
��" David E. Long
Douglas Rademac r
Minutes, May 2, 2012 2012-1155
Page 4 BC0016
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