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Home My WebLink About20123623.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 17, 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, December 17, 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 ID MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of December 12, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on December 12, 2012, as follows: 1) USR12-0056 — Leonard and Tammy Ball, do Noble Energy, 2) USR12-0057 Steven and Teresa Wells/Wells Ranch, c/o Noble Energy/Sem Group, and 3) USR12-0045 — Doris Cunningham and C&H Excavating, LLC. Commissioner Rademacher seconded the motion, which carried unanimously. ID PUBLIC INPUT: No public input was given. BIDS: IR 1) PRESENT BID #1200166, COPIER/MULTIFUNCTION DEVICE (BLACKNVHITE NOT COLOR) - SHERIFF'S OFFICE: Monica Mika, Director of Finance and Administration, presented the bid, which will be brought back for consideration on January 2, 2013, and noted there are 15 vendors to choose from. IE CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. Minutes, December 17, 2012 2012-3623 \� Page 1 BC0016 \J OLD BUSINESS: e 1) CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM 12/12/2012): Dr. Mark Wallace, Director of Department of Public Health and Environment, reviewed the proposed revisions. He responded to questions from the Board regarding the increases being in correlation to the costs. Commissioner Kirkmeyer moved to approve said revisions, with a follow-up work session. The motion was seconded by Commissioner Long, and it carried unanimously. El 2) CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM 12/12/2012): Dr. Wallace reviewed the proposed revisions. Trevor Jiricek, Director of the Environmental Health Services Division of the Department of Public Health and Environment, responded to questions from the Board regarding water testing rates. Commissioner Kirkmeyer moved to approve said revisions, with a request to review the information in a work session. Seconded by Commissioner Long, the motion carried unanimously. NEW BUSINESS: IR 1) CONSIDER TEMPORARY ROAD CLOSURE OF CR 70 BETWEEN CR 31 AND CR 33: Janet Carter, Department of Public Works, reviewed the provisions of the closure. Commissioner Rademacher moved to approve said temporary closure. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. El 2) CONSIDER TEMPORARY ROAD CLOSURE OF CR 57 BETWEEN CR 72 AND CR 74: Ms. Carter reviewed the provisions of the closure for the removal of a culvert. Commissioner Rademacher moved to approve said temporary closure. Commissioner Long seconded the motion, and it carried unanimously. ER 3) CONSIDER FILING OF GEISERT PIT WATER STORAGE RIGHT WITH DIVISION 1 WATER COURT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS: Clay Kimmi, Department of Public Works, explained this will authorize staff to file with the Division 1 Water Court for water storage rights. Commissioner Kirkmeyer moved to approve said filing and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Rademacher, and it carried unanimously. El 4) CONSIDER STANDARD FORM FOR AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY AND AUTHORIZE CHAIR TO SIGN: Stephanie Arries, Assistant County Attorney, reviewed the terms and provisions of the standardized agreement. Commissioner Garcia moved to approve said form and authorize the Chair to sign any agreements consistent with the form of said agreement. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. ID 5) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Rademacher moved to approve said appointments and reappointments. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Fl 6) CONSIDER APPOINTMENT OF JUSTIN SIDWELL TO FAIR BOARD: Commissioner Rademacher moved to approve said appointment. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Minutes, December 17, 2012 2012-3623 Page 2 BC0016 E 7) CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF PUBLIC NUISANCE ABATEMENT COST AS SPECIAL ASSESSMENT: Bruce Barker, County Attorney, explained the $12,410.00 amount included recent work which was completed last week. Commissioner Rademacher moved to approve said certification of special assessment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. ID 8) CONSIDER WAIVER OF 50-DAY REVIEW PERIOD REGARDING BOND REFUNDING BY BEEBE DRAW FARMS: Brad Yatabe, Assistant County Attorney, provided a brief explanation of the waiver request. Mary Ann McGeady, Attorney with McGeady Sisnerow, P.C., represented the District and discussed the bond and refinancing rates. Commissioner Rademacher moved to approve said waiver. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 9) CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATIONS OF PAY FOR NOVEMBER, 2012, AND AUTHORIZE CHAIR TO SIGN: Ms. Mika reviewed the report. Commissioner Kirkmeyer moved to approve said report and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. ID 10) FINAL READING OF CODE ORDINANCE #2012-12, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2012-12 by title only. Commissioner Rademacher seconded the motion, and it carried unanimously. Mr. Yatabe stated no changes have been made since the last reading. No public testimony was offered concerning this matter. Commissioner Rademacher moved to approve Code Ordinance #2012-12 on final reading. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PLANNING: 1) CONSIDER RECORDED EXEMPTION #4443 - SHAW FAMILY, LLLP (CON'T FROM 6/18/2012): Michelle Martin, Department of Planning Services, provided a brief status report and indicated the applicants have requested a continuance to allow additional time to resolve the remaining outstanding issues. Clay Kimmi, PW, stated that on November 19, 2012, FEMA approved the LOMR, which will allow them to vacate a portion of the USR and proceed with the Recorded Exemption. Mr. Barker stated staff can bring the matter back to the Board if the conditions are further delayed. Commissioner Rademacher moved to refer the matter back to staff. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 2) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1736 - ROBERT COLLINS (CON'T FROM 12/14/2011): Commissioner Rademacher recused himself from the meeting due to a conflict of interest. Kim Ogle, Department of Planning Services, reviewed the status of the project and presented the applicant's request for a continuance. He responded to Commissioner Kirkmeyer regarding the remaining outstanding items. Robert Collins, applicant, explained he completes improvements as his limited business revenue allows. The Board indicated agreement with the one-year continuance request with on-going quarterly status reports. Commissioner Kirkmeyer moved to continue the matter to December 16, 2013. Seconded by Commissioner Garcia, the motion carried unanimously. 3) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1671 - WELD COUNTY DEPARTMENT OF PUBLIC WORKS (CON'T FROM 12/14/2011): Chris Gathman, Department of Planning Services, reviewed the status of the project. David Bauer, Department of Public Works, explained the position of the City of Greeley regarding the third-party appraisal and the Minutes, December 17, 2012 2012-3623 Page 3 BC0016 land exchange is unknown at this time. The plat has been submitted, pending negotiation of oil and gas in-fill. Commissioner Rademacher moved to refer the matter back to staff. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. El 4) FINAL READING OF CODE ORDINANCE #2012-7, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2012-7 by title only. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. Wendell Heyen, Department of Building Inspection, reviewed the public input process regarding the proposed revisions. He stated no changes have been made since the last reading. He addressed questions from the Board regarding how the Codes are updated. No public testimony was offered concerning this matter. Commissioner Garcia commended staff for the work on the language and on their active community outreach, and he moved to approve Code Ordinance #2012-7 on final reading. Commissioner Long seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances#2012-12 and #2012-7 were 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 9:55 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ATTESTS """"'_' c 11 Sean P. orway, Chair Weld County Clerk to the Board 4W i ham F. : cia, Pro-Tem BY: Deputy Cleik o the Boa .I.y E,/��I be )fit�I�-1 ,1 fft`�E`� barb Kirkmeyer d►IP �tarSIDe:kV F J ♦ David E. LoLon?.r, R n_ S. Douglaq ademac er Minutes, December 17, 2012 2012-3623 Page 4 BC0016 Hello