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Home My WebLink About20121346.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 30, 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, May 30, 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- EXCUSED 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 May 21, 2012, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. ▪ PUBLIC INPUT: Doug Meyer, County resident, referenced a Tribune article, marked Exhibit A, dated May 25, 2012, titled "Producers: Groundwater levels may be causing contamination, Local residents call for a study of problem" and he requested the Board seek an independent study of the issue. Ei Chair Conway and Commissioner Rademacher each responded regarding recent conversations concerning H.B. 1278. le CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PRESENTATIONS: ID RECOGNITION OF SERVICES, SHERIFF'S OFFICE - DANIEL STAPLETON: Chair Conway read the certificate recognizing Daniel Stapleton for his years of service in the Sheriffs Office. John Cooke, Sheriff, stated Mr. Stapleton has been a very reliable and hard worker and reviewed his various duties while serving in the Sheriff's Office. He also recognized Mr. Stapleton for being awarded the Special Services Ribbon and presented him with his retirement pin. The Board members agreed it is hard to lose institutional knowledge and they commended Mr. Stapleton on his ability to keep everyone at ease and relaxed when at the Courts Complex and wished him the best in his future endeavors. Minutes, May 30, 2012 2012-1346 �b, Page 1 BC0016 Mr. Stapleton introduced his wife and stated although he loved his job and will miss the work, he is looking forward to the fun activities he has planned for his retirement. He also expressed his thanks to his co-workers whom he considered his family away from home for the past 27 years. F RECOGNITION OF SERVICES, ISLAND GROVE PARK ADVISORY BOARD - KELLY RAISLEY: Chair Conway read the certificate recognizing the voluntary services of Kelly Raisley. F RECOGNITION OF SERVICES, BOARD OF ADJUSTMENT - JIM COSNER: Chair Conway read the certificate recognizing the voluntary services of Jim Cosner. E5 RECOGNITION OF SERVICES, CHILD PROTECTION CITIZEN REVIEW PANEL - STACEY AURZADA, AND SUSAN BRUCKER: Chair Conway read the certificates recognizing the voluntary services of Stacey Aurzada and Susan Brucker. IR RECOGNITION OF SERVICES, FAITH PARTNERSHIP COUNCIL - LAURA KLOCK, AND CHRIS DOWEN: Chair Conway read the certificates recognizing the voluntary services of Laura Klock and Chris Dowen. F COMMISSIONER COORDINATOR REPORTS: Commissioner Garcia reported the progress made by the Northeast East Central Small Business Development Center. ID Chair Conway recognized the opening of the new Noble Energy facility. He stated he also attended the Round Table meeting hosted by Congressman Cory Gardner and Congresswoman Looman (WY) where they discussed the job impact being made by oil and gas businesses, as well as the Compressed Natural Gas (CNG) project, and he thanked Elizabeth Relford for her work on the project. BIDS: F PRESENT BID #B1200091, CHIPSEAL OIL AND SHOULDER SEALCOAT - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director, Department of Finance and Administration, presented the sole bid received and stated staff will make a recommendation on June 13, 2012. NEW BUSINESS: F 1) CONSIDER TASK ORDER CONTRACT FOR WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director, Department of Public Health and Environment, reviewed the terms of the task order contract. Commissioner Rademacher moved to approve said task order and authorize the Chair to sign. Commissioner Garcia seconded the motion, which carried unanimously. ID 2) CONSIDER TASK ORDER CONTRACT FOR AIR QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace reviewed the terms of the task order contract. Commissioner Garcia moved to approve said task order and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. F 3) CONSIDER STANDARD FORM FOR MEMORANDUM OF UNDERSTANDING REGARDING PROTOCOLS FOR COOPERATION ON CHILD WELFARE NOTIFICATION AND INVESTIGATION REQUIREMENTS BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the County Attorney's Office has reviewed the MOU form, with input from the Sheriff's Office and Greeley Police Department. She explained the Colorado Department of Health and Human Services requires the Weld County Department of Human Services to enter into written agreements with the various law enforcement agencies in Weld County. In response to Minutes, May 30, 2012 2012-1346 Page 2 BC0016 Commissioner Rademacher, Ms. Griego stated Chief Jerry Gardner is circulating the proposed document for signature by the City Council. Commissioner Rademacher moved to approve the form of said Memorandum of Understanding and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. Fl 4) CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT AND AUTHORIZE CHAIR TO SIGN: Todd Deutch, Sheriff's Office, was present to review the terms of the application and answer questions. Commissioner Long moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. E5 5) CONSIDER TEMPORARY CLOSURE OF CR 64 BETWEEN CRS 51 AND 53: Janet Carter, Department of Public Works, reviewed the provisions of the closure for a culvert replacement. Commissioner Garcia moved to approve said temporary closure. Commissioner Rademacher seconded the motion, which carried unanimously. E 6) CONSIDER TEMPORARY CLOSURE OF CR 3 BETWEEN CR 40.5 AND STATE HIGHWAY 56: Ms. Carter reviewed the provisions of the closure for a culvert replacement. Commissioner Rademacher moved to approve said temporary closure. The motion was seconded by Commissioner Garcia, and it carried unanimously. E- 7) CONSIDER AGREEMENT FOR LEASE OF STORAGE OF RURAL DITCH WATER AT HOKESTRA GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - VARRA COMPANIES, INC.: Clay Kimmi, Department of Public Works, stated the terms of this agreement were reviewed with the Board in a work session and he requested formal approval. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. Fl 8) CONSIDER MAINTENANCE, OPERATION AND ACCESS AGREEMENT AND AUTHORIZE CHAIR TO SIGN - VARRA COMPANIES, INC. / SAND LAND, INC. / SAND LAND PROPERTIES, LLC: Mr. Kimmi stated the terms of this agreement were reviewed in a work session to implement changes requested by the Water Commissioner on how water is diverted from the Rural Ditch. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously. le 9) CONSIDER AMENDMENT TO BYLAWS FOR FAIR BOARD: Brad Yatabe, Assistant County Attorney, reviewed the proposed amendments, which have been approved by the Fair Board. Commissioner Long moved to approve said amended bylaws. Commissioner Garcia seconded the motion, and it carried unanimously. ED 10) CONSIDER AMENDMENT TO AGREEMENT FOR INTERNET SERVICES AND AUTHORIZE CHAIR TO SIGN -COLORADO CODE PUBLISHING COMPANY: Bruce Barker, County Attorney, stated this amendment addresses the actual cost of posting the Ordinance revisions within the internet version of the Weld County Code, as well as maintaining a full Microsoft Word version of each Chapter within the webpage. He stated the amendment increases the amount per effected page from $15.00 up to $20.00, and increases the website hosting cost from $50.00 up to $60.00 per month, which is still less than what was paid for two printed supplements per year. Commissioner Garcia moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Minutes, May 30, 2012 2012-1346 Page 3 BC0016 • 11) CONSIDER AGREEMENT FOR COMMUNICATIONS TOWERS MAINTENANCE SERVICES AND AUTHORIZE PAYMENT TO E911 AUTHORITY OR MOTOROLA SOLUTIONS, INC.: Mike Savage, Greeley Police Department, introduced Patrick Groom as the Attorney for the E911 Board and explained this agreement consolidates the various contracts previously held with Motorola into a single multi-year contract, which will also result in a savings of $200,000. He stated the agreement was approved by the E911 Board yesterday, he will circulate the original documents for the appropriate signatures, and he reviewed the financial responsibilities of each of the parties. Mr. Groom stated the only change to the document since the original review was a modification to include Weld County and the City of Greeley as signatories. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. PLANNING: E9 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SPR #394 - KUM AND GO, LC, CIO NEIL BRODERICK: Rich Hastings, Department of Public Works, provided a brief description of the location of the property, which was recently annexed to the Town of Mead; therefore, he recommended approval of the final release of collateral. Commissioner Rademacher moved to cancel and release said collateral, as recommended by staff. The motion was seconded by Commissioner Garcia, and it carried unanimously. e 2) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1650 - UNITED FARMERS COOPERATIVE (CON'T FROM 3/26/12): Michelle Martin, Department of Planning Services, stated all of the conditional items have been completed to the satisfaction of staff and the plat has been submitted; therefore, she recommended the case be referred back to staff for processing. Commissioner Rademacher moved to refer the matter back to the Department of Planning Services for processing. Commissioner Garcia seconded the motion, which carried unanimously. ID 3) CONSIDER VACATION OF CONDITIONAL USE PERMIT #45 - MICHAEL HERGENREDER: Kim Ogle, Department of Planning Services, stated the applicant has requested vacation of this permit, since the use is no longer taking place on the site, which was conveyed through a deed. Commissioner Rademacher moved to vacate Conditional Use Permit#45, at the request of the property owner. Commissioner Long seconded the motion, and it carried unanimously. IEl 4) CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #739 - PETER AND HEATHER VALCONESI: Mr. Ogle stated one of the Conditions of Use by Special Review (USR) Permit #1668, issued to Peter and Heather Valconesi, is to vacate the old permit, USR-739, which is no longer active on the site. In response to Commissioner Rademacher, Mr. Ogle reviewed the location of the property and reiterated the current property owners have no plans to operate a kennel under the old permit. Commissioner Garcia moved to vacate USR-739, at the request of the property owner. Commissioner Long seconded the motion, which carried unanimously. e 5) CONSIDER PARTIAL VACATION OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #1255 - L.G. EVERIST, INC.: Mr. Ogle stated this partial vacation will separate the old use from the newly permitted use. He confirmed the site reclamation has been completed and the area has been released by the Colorado Division of Reclamation, Mining and Safety (DRMS). Commissioner Rademacher moved to approve said partial vacation. The motion was seconded by Commissioner Garcia, and it carried unanimously. Minutes, May 30, 2012 2012-1346 Page 4 BC0016 El 6) CONSIDER REQUEST OF MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) FOR AN EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMUSR-1259: Mr. Ogle stated staff received a letter from Martin Marietta Materials, successor to Lafarge, requesting an extension for the time to commence operations due to the recent change in ownership. If approved, the applicant would be required to commence operations on, or before, April 9, 2014, which is five years after recording of the plat. Commissioner Rademacher moved to approve the extension request, with the provision that operations commence on, or before, April 9, 2014. Seconded by Commissioner Long, 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 9:56 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Sean . nway, Chair Weld County Clerk to the Board �V rT • Wil is F. ia, Pro-Tem BY: ✓. . ' _.:A� �� Deputy CI ' to the Bit! EXCUSED Ba ra Kirkmeyer (4j ?' David E. Long Vis 4.1 PeS Douglas ademache Minutes, May 30, 2012 2012-1346 Page 5 BC0016 ,... ' gr iEi 4Z ! t.1- 1,, gi iia- lfistR8 %- . ❑ to �. g &at at•8 -5 1 �, 1 d d db d a O 4-61 aJ 'a .A 181.v°a�a.v a.gV g..a w _ ,. 0b a ligir- 66'-'It - -prillip-lp,411z1 I Al riN''' lOrlitilliiiii1111411 . 11iii;1 E. ...(- , ,,•' -,- i 204`54°:°Aal §§§2r i C. , z_ alp° °p � 8t , " B5E35 "' .LLw"xw a rRn'w �klzo g�O. o wg AS pis �vv3a4b 5. � I °§T� -ir a,'. 11.=SP 1 m 1.1 b`K a gl!):g' ii C. rMhQ o -'� ssgpp �+ ^5 �5 g u Hello