HomeMy WebLinkAbout20121038.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 18, 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, April 18, 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
ID MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of April 16, 2012, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
IE AMENDMENTS TO AGENDA: There were no amendments to the agenda.
ID PUBLIC INPUT: Chair Conway invited comments regarding the Board's decision to transfer the
Weld County Paramedic Service to NCMC, Inc. / Banner Health; however, none was provided.
ID Doug Meyer, County resident, submitted copies of various Feedstuffs articles dated April 2, 2012,
titled Suits could muddy water quality work; Senators seek to stop EPA water guidance; Senators seek
to stop final EPA-Corps water guidance; Phosphorus in aquifers studied; Nutrient management plan
effects examined; and Prairie restoration improves water quality, marked Exhibit A through E.
▪ CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
▪ PROCLAMATIONS:
NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 22 - 28, 2012: Chair Conway read the
certificate proclaiming April 22-28, 2012, as National Crime Victims' Rights Week. Ken Buck, District
Attorney, was present to accept the proclamation and recognized the representatives of various
agencies who serve on the Coordinating Committee for Victims of Crime, as well as Police Chief Brandt
Minutes, April 18, 2012 2012-1038
Page 1 BC0016
from the City of Evans. He also expressed appreciation to the Board of Commissioners for their
support of the various Victims programs. Chair Conway recessed the meeting for a brief photo
opportunity. Upon reconvening, each of the Commissioners expressed their appreciation to the District
Attorney and those present who serve on behalf of victims of crime.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher reported he went to
the Water User's Meeting last week and indicated this year is shaping up to be drier than 2002 and
water users are anticipating they will be stretching the water supplies this year. He stated he also sat in
on the Oil and Gas Task Force, which produced some good conversation and all of the participants
agreed the local governments should receive prompt notice of violations so that they may address
issues proactively.
e Commissioner Garcia stated he attended the Small Business Development Center (SBDC)
meeting last week and reported the region is exceeding the economic goals for capital investments.
El Chair Conway added on April 23, 2012, the Senate State Affairs Committee will conduct a hearing
on H.B.1103 regarding the option for County's to opt out of the emissions testing program and he
invited the public to attend and testify.
BIDS:
ID APPROVE BID #61200057 SLURRY SEAL / SAND SEAL - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director of Finance and Administration, stated this matter was presented on
April 4, 2012, and the Department of Public Works recommends approval of the low bid from A-1 Chip
Seal Company. Commissioner Rademacher moved to approve the low bid, as recommended by staff.
The motion was seconded by Commissioner Garcia, and it carried unanimously.
NEW BUSINESS:
El CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS
ON MAY 20, 2012 - MAKE-A-WISH FOUNDATION OF COLORADO, INC./FRANK'S RIDE FOR
CHILDREN: Brad Yatabe, Assistant County Attorney, noted the only issue of concern is the proposed
number of portable toilets, which does not meet the Code requirement of one for every 100 people.
Greg Riesdorph represented the applicant and stated they have been hosting the event since 1995,
and their goal is to raise $500,000.00. He submitted copies of the certified TIPS training, and stated
last year they had 485 people attend due to poor weather, and yet they still managed to raise more
than $14,000.00. He also clarified the application reflects the attendance for the entire day; however,
they are not all at the site at one time. The Board indicated the proposed amount of portable toilets is
adequate. Commissioner Rademacher moved to approve said application. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
ID CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO
SIGN - MAKE-A-WISH FOUNDATION OF COLORADO, INC./FRANK'S RIDE FOR CHILDREN:
Mr. Yatabe stated this item is associated with the previous application and staff has no concerns, since
the alcohol will be contained in an enclosed area and the servers are TIPS certified. Commissioner
Garcia moved to approve said application and authorize the Chair to sign. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
e CONSIDER FINDINGS AND RESOLUTION CONCERNING THE APPLICATION OF EL
CAPORAL NIGHT CLUB, INC., DBA EL CAPORAL NIGHT CLUB, FOR A TAVERN LIQUOR LICENSE
AND AUTHORIZE CHAIR TO SIGN: Mr. Yatabe stated this application is for a new licensee at the
Minutes, April 18, 2012 2012-1038
Page 2 BC0016
premises which was previously operated as El Centenario. He stated the public notice was posted and
published ten days prior to this hearing, and staff has no issues with the request. El Mary Sipres,
property owner, introduced the new operators who are leasing the business. No public testimony was
offered concerning this matter. Chair Conway reported he inspected the property and found everything
in order, as indicated in his follow-up letter, dated April 12, 2012. Ms. Sipres questioned what happens
if the property is annexed. Mr. Yatabe stated annexation would require a new application through the
City of Brighton. Bruce Barker, County Attorney, clarified the existing license will be valid through the
expiration, at which time the applicants will need to submit a new application to the new jurisdiction.
Commissioner Rademacher moved to approve said application. Commissioner Garcia seconded the
motion. Commissioner Kirkmeyer urged the applicant to discuss the status of the liquor license with the
City of Brighton to ensure there are no outstanding issues prior to entering into a Pre-annexation
Agreement.
El CONSIDER APPLICATION TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE
CHAIR TO SIGN - EL CAPORAL NIGHT CLUB, INC., DBA EL CAPORAL NIGHT CLUB: Mr. Yatabe
stated the Dance License application was submitted in conjunction with the previous item of business
and he found everything to be in order. No public testimony was offered concerning this issue.
Commissioner Kirkmeyer moved to approve said application. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
El CONSIDER TEMPORARY CLOSURE OF CR 86 BETWEEN CRS 39 AND 41: Janet Carter,
Department of Public Works, reviewed the closure request. Commissioner Garcia moved to approve
said temporary closure. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
▪ CONSIDER TEMPORARY CLOSURE OF CR 14.5 BETWEEN CR 29 AND DENVER AVE:
Ms. Carter reviewed the details of the closure request. Commissioner Kirkmeyer indicated certain
roads in the area are in very poor condition and staff needs to ensure the detour routes are kept in
good repair with dust control. Commissioner Rademacher moved to approve said temporary closure.
The motion was seconded by Commissioner Long, and it carried unanimously.
IR CONSIDER TEMPORARY CLOSURE OF CR 81 BETWEEN CR 10 AND STATE HIGHWAY 52:
Ms. Carter reviewed the details of the closure request. Commissioner Rademacher moved to approve
said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
▪ CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS —
BRYAN AND BRANDIE BOND: Leon Sievers, Department of Public Works, stated this agreement is
for the first of two parcels which the County is acquiring along CR 49 for a culvert installation project.
He gave a brief description of the location of the property and the compensation amounts being paid to
the landowner. Commissioner Garcia moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously.
F] CONSIDER CONTRACT TO FURNISH AND INSTALL FLASHING LIGHT SIGNALS, GATES,
BELLS, CONSTANT WARNING TIME, NEW CABIN AND CROSSING SURFACE FOR UNION
PACIFIC RAILROAD CROSSING ON CR 42 AND AUTHORIZE CHAIR TO SIGN: Stephanie Arries,
Assistant County Attorney, stated this project was approved by the Public Utilities Commission on
July 14, 2010, and it has taken the past three years to obtain a finalized document from the Union
Pacific Railroad. IR Mike Bedell, Department of Public Works, stated this was part of the package
grant to install crossing signals near U.S. Highway 85 at County Roads 22, 40, and 42, and he
Minutes, April 18, 2012 2012-1038
Page 3 BC0016
explained the reason for the delay. Commissioner Kirkmeyer moved to approve said contract and
authorize the Chair to sign. Commissioner Rademacher seconded the motion, and it carried
unanimously.
El CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP AND
USE OF PARCELS LOCATED IN THE UNION COLONY SUBDIVISION AND AUTHORIZE CHAIR TO
SIGN — CITY OF GREELEY: Ms. Arries stated this agreement will address the City's use of certain
Weld County property within the Union Colony Subdivision. Commissioner Kirkmeyer moved to
continue the matter for one week, to April 25, 2012, to allow for further discussion in a work session
prior to taking formal action. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
IR CONSIDER PETITION AND ANNEXATION AGREEMENT FOR CR 26 AND AUTHORIZE CHAIR
TO SIGN - CITY OF LONGMONT: Ms. Arries stated this petition and agreement is being submitted at
the request of the City of Longmont. She stated the property notice to surrounding property owners has
been made, responses have been included in the file, and she reviewed the parcel ownership on the
displayed map. El David Bauer, Department of Public Works, reviewed the negotiation process
between the Town of Firestone and the City of Longmont and indicated which parcels are not yet
annexed. ID In response to Commissioner Rademacher, Ms. Arries stated an access permit has
been issued for the property along CR 26, which is owned by Top Operating; however, it does need to
be formally addressed as part of the agreement. Fl Mr. Barker stated paragraph #2.C of the
proposed agreement ensures the annexation will not impair current and future use of the access.
Commissioner Kirkmeyer and Mr. Barker discussed de-annexation and concerns with the City of
Longmont requiring additional maintenance and improvements for oil and gas operators in the area.
Fl Brad Stoll, Longmont Planning Manager, stated a majority of the land in the area has been
annexed to Longmont or Firestone who have an Intergovernmental Agreement regarding the
disposition of the roadway to accommodate reconfiguration for expansion of Union Reservoir. He
reviewed the unincorporated properties for the record and stated they are in negotiations with Top
Operating for a Surface Use Agreement for drill sites. He also confirmed the City of Longmont
assumed maintenance of the roadway at the time it was de-annexed by Firestone, and they are also
obligated to provide access to CR 26. El David Lindsey, Firestone Engineer, explained the entire
process started as a result of the IGA between the two municipalities and a lot has changed since that
time. Following discussion, the Board expressed a desire to discuss the matter with current
representatives from the City of Longmont, include a provision to retain the mineral interests beneath
the right-of-way, and ensure adequate public notice. Mr. Stoll and Mr. Lindsey indicated no concern
with continuing the matter. Commissioner Rademacher moved to continue consideration of the petition
and agreement to July 25, 2012. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER REAPPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Garcia
moved to reappoint David Moore to the Extension Advisory Council. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
PLANNING:
El CONSIDER RESOLUTION RE: ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO
WELD COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET
HEARING DATE FOR CONSIDERATION - DRY CREEK EAST METROPOLITAN DISTRICTS NOS. 1
- 5 / DRY CREEK EAST MAINTENANCE METROPOLITAN DISTRICT: Mr. Yatabe recommended
acceptance and referral of the Service Plan to the Planning Commission for review at the August 7,
Minutes, April 18, 2012 2012-1038
Page 4 BC0016
2012, hearing, and to set the Board of Commissioners hearing for August 22, 2012. He noted the
schedule is based on a request from the applicant, which waives the 30-day hearing requirement.
Mr. Barker explained the waiver is of the Planning Commission review response, not waiver of any
public notice. He further stated it actually provides more time for public notice, which will be made to
adjacent surrounding property owners. Chair Kirkmeyer also requested notice be provided to the
residences within the enclaves. Commissioner Garcia moved to accept the filing of the Service Plan,
refer the matter to the Planning Commission for a hearing on August 7, 2012, set a hearing date for
review by the Board on August 22, 2012, at 9:00 a.m., and ensure public notice is made to adjacent
property owners and those within the enclaves impacted by the proposed service plan area. The
motion was seconded by Commissioner Rademacher and it 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 10:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ✓
Se C n ay, Chair
Weld County Clerk to the Board / Zit
Willia,m F. Garci Pro- em
BY:
Deputy rk to the EL
% L,
tc: /�jjBarb Kirkmeyer/1861 _ David E. Long
Douglas/Rademache
Minutes, April 18, 2012 2012-1038
Page 5 BC0016
e ,
Foodstuffs,April 2,2012 • Feedstuffs.com
Suits could
muddy water •From page 1 atoms with EPA — using the
framework outlined in the
quality work THERE is reason for concern, Stoner Memo — to develop
though. The environmen- an Iowa water quality strate-
SALLY SCRUFF talists' demands come at a gy that would"achieve effec-
By time when many states have five and sustained progress."
TWO new lawsuits filed been working cooperatively He noted that "at the re-
in March, each asking the with EPA to actively reduce quest of EPA, Iowa and many
Environmental Protection nitrogen and phosphorus other states have been pursu-
Agency for nutrient loading loading. There is a fear that ing strategies for establishing
actions to protect the wa- heavy-handed court.rulings numeric water quality stan-
ters of the Mississippi River could derail the voluntary— dards or strategies to reduce
Basin and the "dead zone" but expensive and politically nutrients in surface water."
in the Gulf of Mexico, have fragile—water quality initta- Agricultural interests en-
far-reaching implications for fives that are already under- done the state strategy ap-
grain and livestock produc- way in many states. proach to water quality pro-
tion in the nation's heart- Rick Robinson, the Iowa tection — as authorized in
land. Farm Bureau's environmen- the Clean Water Act—rather
They come at a time when tal policy adviser, pointed to than a federal "shotgun ap-
EPA has drawn fire from Con- a March 2011 EPA policy doc- Proach" dictated by a court
gress for settling other similar ument,known as the "Stoner decision,Robinson said.
legal challenges from environ- Memo,"that spelled out EPA's Iowa's strategy, guided by
mental groups through court- "commitment to partnering advice from USDA's Natural
sanctioned consent agree- with states and collaborating Resources Conservation Ser-
ments, which are negotiated with stakeholders to make vice(MRCS),the state depart-
behind closed doors and.are greater progress in accelerat- ment of agriculture,commod-
not made public until they are Erg the reduction of nitrogen BY groups and farmers,needs
final. and phosphorus loading to "to prioritize our watersheds,
EPA has been criticized for our nation's waters." prioritize our resources and
then using such consent de- That memo so far has en- decide which watersheds to
crees to justify formal agency couraged cooperation on go to first,second and third,"
actions, including making water quality issues, he re- Robinson noted.
rules - that have significant ported. He also almost pleaded for
economic effects. Iowa is an example of the recognition of a host of con-
(Examples of consent states that have worked with servatlon practices that have
decrees from legal chal- their regional EPA directors already reduced water pollu-
lenges and agency en- to develop water quality tion throughout the state us-
forcement actions are re- strategies. ing technical assistance and
ported online at http:// Iowa agriculture secre- programs from NRCS and lo-
cfpub.epa.gov/compliance tary Bill Northey noted in a cal conservation districts.
/cases.) recent letter to EPA that the Robinson warned that if
It is not known if EPA will Iowa Department of Natural Iowa is forced to jump right
enter negotiations on the two Resources and its constituent into complying with numeric
lawsuits filed March 13,which groups have been in discus- water quality standards, it
seek action within 90 days on
activists'petitions demanding - --
that the agency set numeric
water quality standards for ni-
trogen and phosphorus in wa-
ters of the Mississippi River
Basin.
Feedstuffs,April 2,2012 • Feedstuffs corn
could cost "$6 billion to $7 phosphorus that is going into acting administrator for water,
billion.That's more than our the Missouri River annually the memo noted, "States need
whole state budget." from the Corps' fish habitat room to innovate and respond
projects (the Missouri River to local water quality needs,
Recovery Program projects) so a onesize-flfsall solution to
Sediment dumping Perry,who owns the Perry nitrogen and phosphorus pol-
in yet another concern, %S Agricultural Laboratory in lution is neither desirable nor
souri crop consultant Bob per- Bowling Green, Mo., report- necessary."
ry remains dismayed that EPA ed that the soil the Corps is The memo, which is
has turned a blind eye to the digging to create the fish viewed as something of a
US. Army Corps of Engineers chutes is more than "600 policy benchmark, added,
dumping massive amounts of Pmts per million phospho- "EPA recognizes that the best
dirt into the main stem of the rus, according to the Corps' approaches will entail states,
Missouri River.The river sedi- data presented to the Mis- federal agencies, conserve-
ment,which is dredged to pro- souri Clean Water Commis- Lion districts, private land-
vide shallow water habitat for slon for the Barney Bend and owners and other stakehold-
endangered fish,is laden with Rush Bottoms projects.It was en working collaboratively
phosphorus and flows into the previously crop ground." to develop watershed-scale
Mississippi River,he noted. He also criticized the Corps plans that target the most ef-
Perry and his wife Kristin, for pushing silt from the lower fective practices to the acres
an attorney and former chair Mississippi River into the Gulf that need it most"
of the Missouri Clean Water of Mexico, saying, "The big- Stoner endorsed a"steward-
Commission, have fought in gest, cheapest improvement ship incentive,certainty agree-
vain to have dredged mate- to reducing nutrient pollu- meats for producers that adopt
rial from the fish projects Hon to the Gulf of Mexico, a suite of practices and until-
applied to land rather than building wetlands and saving ent credit trading markets."
pumped into the river wa- soil is simple: Anywhere the The memo included a
ters. Corps needs to move sedi- "framework of key ele-
They said they find it hard ment, it should go onto land, meats" states should use to
to fathom why EPA and the not downstream and certainly address nutrient loading is-
environmental community not out to the Gulf of Mexico." sues — a framework Stoner
fail to grasp the enormity of recommended for use in all
phosphorus loading coming EPA regions nationwide.
from the large channels be- which approach? While recognizing the need
ing cut for the fish habitat. Still,states and stakeholders for flexibility, Stoner, who
In an email, Perry said have had a hard time getting once co-chaired the water pro-
a recent report on USDA's their message heard. The gram for the Natural Resourc-
Conservation Reserve Pro- outcome of the two lawsuits es Defense Council,wrote, "It
gram praised the program demanding that EPA take has long been EPA's position
for preventing 5,000 tons of stronger actions on nutrient that numeric nutrient criteria
phosphorus per year from loading could create a new targeted at different catego-
flowing into the nation's jeopardy—despite the spirit ries of water bodies...are ulti-
waters. He contrasted that of the"Stoner Memo." mately necessary for effective
to more than 35,000 tons of Signed by Nancy Stoner,EPA state programs."■
Feedstuffs,April 2,2012 • Feedstuffs.com
Senators seek to stop EPA water guidance
By SALLY SCHUFF - seeks to spell out just which categories of wetlands.
Key Points of the nation's waters could The senators said the final
THE long debate about the •Finalguidance under fall under regulation by the guidance"significantly changes
official definition of "waters Clean Water Act. g
of the U.S." is coming to a review at OMB. So far, the final guidance, and expands what features are
head in Washington, D.C., as Senators say guidance which was written following considered protected under
the Obama Administration "significantly changes" the Clean Water Act. It makes
protected features. a controversial draft guidance substantial additions, such as
considers a new action that published in May 2011,
could have major effects on ■Ditches, potholes remains under wraps, but a a first-time inclusion of ditches,
water use for agriculture, and gutters could be groundwater,potholes,gutters
group of senators who oppose and other water features that
municipalities and industry. regulated. the EPA-Corps guidance said may flow, if at all, only after a
The Environmental it was sent in final form to heavy rainfall.Protection Agency and the House Office of Management OMB on Feb.21.
Army Corps of Engineers are &Budget(OMB)on their final The draft guidance included
awaiting word from the White guidance document, which jurisdiction over many
Senators seek to stop final
EPA-Corps water guidance
•From page 1 John Barrasso (R., Wyo.), In 2007,the Sackett family
Jim Inhofe (R., Okla.), was told by EPA.that the
Jeff Sessions (R., Ma.), property they had recently
"THESE new regulations Dean Heller (R., Nev.) purchased in Idaho to build
would make it harder for and 26 other senators. a home was a wetland
Americans to build in their The bill seeks to prevent covered under the Clean
backyards, grow crops, the federal agencies from Water Act. Although the
manage livestock, expand issuing the final guidance. Sacketts attempted to prove
small businesses and carry Interestingly, no Democrats that their property was not
out other activities on co-sponsored the bill,which a wetland, EPA proceeded
private lands," the senators could signal a problem in to issue a compliance
added.
the Democrat-controlled order that, if not obeyed,
The EPA-Corps final Senate.
guidance document is under A coalition of more than would result in fines of up
interagency review at OMB 60 organizations, Including to $75,000 per day. The
and has not been made The Fertilizer Institute (TFI), case eventually ended up
public. Typically, it would joined in sending a letter to before the Supreme Court,
not be published until the OMB in late March expressing which ruled in favor of
OMB review process is "serious concerns"about the the Sacketts last week, TFI
completed, and it is unclear final guidance. pointed out.
how long that might take. TF7 pointed out in a The final version of the
The senators, however, statement that S. 2245 EPA-Corps "Guidance on
aren't waiting.On March 28, "was introduced just days Identifying Waters Protected
they introduced a bill they after the Supreme Court's by the Clean Water Act" is
said would prevent EPA and decision in Sackett us. available at www.Feedstuffs.
the Corps "from using their EPA, a ruling that supports com.
overreaching 'guidance' to the rights of property EPA's explanation of Its
change legal responsibilities owners to challenge EPA draft guidance is online
under the Clean Water Act." compliance orders that are at http://water.epa.gov/
Preserve the Waters found to be arbitrary and lawsregs/guidance/
w s r e g s/guidance/
of the U.S. Act (S. 2245) capricious" (Feedstuffs, wetlands/CWAwaters_
was introduced by Sens. March 26). guldesum.cfm.■
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