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Home My WebLink About20120624 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 5, 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, March 5, 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— EXCUSED 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, Tonya Disney/Elizabeth Strong/Esther Gesick (Clerk's Note: Ms. Disney attended the meeting; however, Ms. Strong and Ms. Gesick collectively typed the minutes from the digital recording.) Director of Finance and Administration, Monica Mika MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of February 29, 2012, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on February 29, 2012, as follows: 1) USR11-0025 — Doug Jergens, and 2) USR11-0028, GRE Holdings, LLC, c/o Great White Pressure Control, LLC. Commissioner Long seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, stated he viewed a news program which indicated the U.S. House of Representatives voted to overturn the U.S. Supreme Court's decision regarding eminent domain and property rights in the Kelo case. He stated he hopes this will signify an end to governments taking private property from citizens and giving it to private entities. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. /0- Minutes, March 5, 2012 2012-0624 Page 1 BC0016 BIDS: PRESENT BID #B1200047, AIR HANDLER UNITS #10 AND #11/COURTS WEST BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on March 19, 2012. She stated three (3) vendors have submitted bids, one of which is local. NEW BUSINESS: CONSIDER AGREEMENT FOR PREPAID DEBIT CARD RELEASE AND AUTHORIZE CHAIR TO SIGN - KEEFE COMMISSARY NETWORK, LLC, DBA ACCESS CORRECTIONS: Bruce Barker, County Attorney, stated the Sheriff's Office has drafted this agreement for commissary services. He stated this was not included in the agreement with Spillman; however, it is related to that agreement. He stated he has reviewed the agreement, and he recommended approval. In response to Chair Pro-Tem Garcia, Mr. Barker stated this is a "pay per service" agreement, and he confirmed it is revenue neutral. Ms. Mika stated this separate agreement was previously discussed as the solution when the transition to the Spillman software was completed. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - DIAMOND RESOURCES CO.: Mr. Barker stated the minimum rate for small tract leases under five (5) acres is $400.00 per mineral acre, and Diamond Resources Company has provide $870.00, which is the appropriate amount; therefore, he recommends approval of the lease. In response to Commissioner Rademacher, Mr. Barker confirmed the County can provide greater restrictions than the State regarding setback distances from wells in residential zones. Commissioner Rademacher moved to waive the bid procedure concerning oil and gas leases, accept said offer to lease mineral acre, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - SUNDANCE ENERGY, INC.: Mr. Barker stated this parcel is 1.2 mineral acres. Responding to Mr. Barker, Commissioner Rademacher stated the Resolution indicates Sundance Energy, Inc., has submitted $482.00. Commissioner Long moved to waive the bid procedure concerning oil and gas leases, accept said offer to lease mineral acre, and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 14.5 BETWEEN U.S. HIGHWAY 85 AND CR 23: Janet Carter, Department of Public Works, stated said closure will commence March 19, 2012, through March 28, 2012, in order to replace a 16-inch culvert pipe. She stated the detour route is entirely paved; therefore, dust abatement measures will not be necessary. She stated the average daily traffic count on County Road 14.5 is 776 vehicles, according to a traffic count taken in 2009. Ms. Carter stated message boards will be utilized in advance of the closure, and road signs and barricades will be utilized throughout the closure. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - A & W WATER SERVICE, INC.: Brad Yatabe, Assistant County Attorney, stated this is an agreement to purchase a parcel of property on behalf of the Department of Public Works. He stated the property is located just outside of the Town of Grover and adjacent to A and W Water Service, Inc., and it will be utilized for the placement of a grader shed. He stated there is a 50/50 cost-sharing agreement regarding a driveway which will be placed on the property and used by A and W Water Service, Inc., for egress onto County Road 122. Commissioner Rademacher moved to approve said agreement. Commissioner Long seconded the motion, which carried unanimously. Minutes, March 5, 2012 2012-0624 Page 2 BC0016 OLD PLANNING BUSINESS: CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1725 - BRIAN AND SUSAN WILLIAMS (CON'T FROM 11/14/11): Michelle Martin, Department of Planning Services, gave a brief description of the location of the site, which was approved for a landscaping business on July 14, 2010. She stated on October 25, 2010, and on November 14, 2011, the applicants were granted additional time by the Board to finalize the requirements and they have submitted the plat on two separate occasions; however, certain corrections still need to be made prior to recording. She further stated the applicants also need to provide written evidence of an approved water source from the Little Thompson Water District and allow for a site inspection to verify the on-site improvements have been made or enter into an improvements agreement and post corresponding collateral. Ms. Martin stated the applicants are not present to address the Board, and she recommended a 30-day continuance, since the applicants have been working in good faith to complete the remaining items. Commissioner Rademacher moved to continue the hearing to April 4, 2012, at 9:00 a.m., to allow the applicants additional time to complete the remaining items necessary to record the plat. Commissioner Long seconded the motion, which carried unanimously. CONSIDER FINAL DETERMINATION HEARING TO RESCIND RESOLUTION #2007-0218, DATED MARCH 14, 2007, AND DENY APPLICATION FOR USR PERMIT #1580 - JUSTIN AND ANDREA DAVIS (CON'T FROM 2/13/2012): Chris Gathman, Department of Planning Services, stated since the last hearing staff sent another certified letter to the address of record and received a signed certificate indicating that it was received on February 24, 2012. He indicated staff has received no additional contact from the applicants and, therefore, recommends rescinding the approval Resolution and denying the application. Chair Pro-Tem Garcia confirmed there was no one present to address this matter. Commissioner Long moved to rescind Resolution #2007-0218, dated March 14, 2007, and deny the application of Justin and Andrea Davis for Use by Special Review Permit #1580 for a Home Business (manufacturing steel frames for steel washers) in the A (Agricultural) Zone District. Commissioner Rademacher seconded the motion, which 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. Minutes, March 5, 2012 2012-0624 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:21 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �t,.w EXCUSED Sean P. Conway, Chair Weld County Clerk to the Board William F.�a, Pro-Tem BY:Slizki - Deputy CJhrk to the Bo.,.c' 4 L EXCUSED Ba a Kirkmeyer 1661 Oliva cite avid E. Long Douglas ademache Minutes, March 5, 2012 2012-0624 Page 4 BC0016 Hello