HomeMy WebLinkAbout20122454.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY SEPTEMBER 10, 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, September 10, 2012, at the hour of 9:00 a.m.
IE 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, Debbie Heffel/Esther Gesick
Director of Finance and Administration, Monica Mika
▪ MINUTES: Commissioner Long moved to approve the minutes of the Board of County
Commissioners meeting of September 5, 2012, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
e CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on September 5, 2012, as follows: 1) USR12-0034 - BB Colorado
Holdings, LLC. Commissioner Garcia seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e PUBLIC INPUT: No public input was given.
El CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PROCLAMATIONS:
ID 1) PROCLAIM SUICIDE PREVENTION WEEK - SEPTEMBER 9 THROUGH 15, 2012:
Commissioner Conway read the proclamation into the record. Michelle Ricker, North Range Behavioral
Health, provided a brief summary for Suicide Prevention Week
0/6/a Minutes, September 10, 2012 2012-2454
Page 1 BC0016
PRESENTATIONS:
e 1) RECOGNITION OF SERVICES, NOXIOUS WEED MANAGEMENT ADVISORY BOARD -
DOUG PRINTZ: Commissioner Conway read the certificate into the record. Tina Booton, Department
of Public Works/Pest and Weed Division, said a few words on behalf of Mr. Printz
BIDS:
El 1) APPROVE BID #B1200118, CNG SCHOOL BUSES-UFR WELD COUNTY SCHOOL
DISTRICT RE-1 - DEPARTMENT OF PUBLIC WORKS: Elizabeth Relford, Department of Public
Works, recommended this matter be continued to allow additional time for the School District to
determine whether it will pursue the purchase of a fifth bus. Commissioner Kirkmeyer moved to
continue consideration of said bid to September 24, 2012. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
IR 2) PRESENT BID #61200121, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE: Monica
Mika, Director of Finance and Administration, stated staff will make a recommendation on
September 24, 2012.
OLD BUSINESS:
e 1) FINAL READING OF CODE ORDINANCE #2012-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY
CODE: Commissioner Garcia moved to read the Ordinance by title only. Commissioner Long
seconded the motion, which carried unanimously. Bruce Baker, County Attorney, read said title for the
record. Patti Russell, Director, Department of Human Resources, explained the proposed dress code
revision. Commissioner Kirkmeyer moved to approve Code Ordinance #2012-6 on Final Reading. The
motion was seconded by Commissioner Rademacher. Upon a roll call vote, the motion carried three to
two, with Commissioners Long and Garcia opposed.
NEW BUSINESS:
e 1) CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS
ON SEPTEMBER 22 AND 23, 2012 - BARRON-MELENDEZ REAL ESTATE VENTURES, LLC, C/O
HUGO BARRON SIERRA: Brad Yatabe, Assistant County Attorney, and Deputy Lisa Carpenter,
Sheriff's Office, provided a brief summary of the application. Roy Rudisill, Director, Office of
Emergency Management, addressed questions from the Board. Ismael Aldana represented the
applicant and responded to questions from the Board. Following discussion, Commissioner Kirkmeyer
moved to approve said Temporary Assembly and authorize the Chair to sign. Her motion included
instruction to modify the Resolution to reflect the correct address of the subject site, include a Condition
of Approval requiring insurance, in the amount of $1 million general aggregate and $500,000 for
medical/per person, as well as a Condition that an Incident Action Plan be completed with the
Emergency Manager to address items such as: on-call Veterinary services, EMT services, a Traffic
Control Plan, trash removal, etcetera. The motion was seconded by Commissioner Rademacher and it
carried unanimously.
Fl 2) CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS
ON SEPTEMBER 22, 2012 - AMERICAN CANCER SOCIETY, C/O NANCY CLARK: Nancy Clark
represented the American Cancer Society and explained the plans for the fundraising event. Mr.
Yatabe and Ms. Carpenter provided comments for the record. Following discussion, Commissioner
Rademacher moved to approve said Temporary Assembly and authorize the Chair to sign, with a
Condition of Approval that the applicant provide evidence of arrangements to have emergency medical
technicians (EMTs) and emergency ambulance service. The motion was seconded by Commissioner
Garcia and it carried unanimously.
Minutes, September 10, 2012 2012-2454
Page 2 BC0016
e 3) CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT ON SEPTEMBER 22, 2012 -
AMERICAN CANCER SOCIETY, C/O NANCY CLARK: Commissioner Kirkmeyer moved to approve
said Special Events Permit and authorize the Chair to sign. The motion was seconded by
Commissioner Rademacher and it carried unanimously.
e 4) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 70 BETWEEN CRS
51 AND 53: Janet Carter, Department of Public Works, reviewed the recommendation for installation of
said signs. Commissioner Rademacher moved to approve said installation. The motion was seconded
by Commissioner Kirkmeyer and it carried unanimously.
e 5) CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN STATE HIGHWAY 7 AND
LOWELL: Ms. Carter reviewed the provisions of the closure. Commissioner Garcia moved to approve
said temporary closure. The motion, which was seconded by Commissioner Rademacher, carried
unanimously.
ID 6) CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN LOWELL AND JOHNSON: Ms.
Carter reviewed the provisions of the closure. Commissioner Kirkmeyer moved to approve said
temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
e 7) CONSIDER TEMPORARY CLOSURE OF CR 53 BETWEEN CRS 60.5 AND 62: Ms. Carter
reviewed the provisions of the closure. Commissioner Long moved to approve said temporary closure.
Commissioner Garcia seconded the motion, and it carried unanimously.
CI 8) CONSIDER AGREEMENT CONCERNING PURCHASE AND SALE OF RIGHT-OF-WAY FOR
CERTAIN IMPROVEMENTS TO CR 49, ACCEPTANCE OF DEED OF DEDICATION, AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - HOSHIKO FARMS, INC.: Leon Sievers,
Department of Public Works, reviewed the terms of the agreement. Commissioner Kirkmeyer moved to
continue said agreement to September 17, 2012, to allow additional time to refine the terms. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
le 9) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 59 AND AUTHORIZE CHAIR TO SIGN — AURORA FARM
COMPANY, LLC: Ms. Carter reviewed the provisions of the agreement. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
▪ 10) CONSIDER AGREEMENT FOR EMERGENCY MANAGEMENT PERFORMANCE GRANT
AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director, Office of Emergency Management,
explained the terms and funding provisions of the grant agreement. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
e 11) CONSIDER AGREEMENT FOR TAX LIEN SALE SERVICES AND AUTHORIZE CHAIR TO
SIGN - REALAUCTION.COM: John Lefebvre, County Treasurer, explained the terms of the
agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. Commissioner Garcia seconded the motion, and it carried unanimously.
Minutes, September 10, 2012 2012-2454
Page 3 BC0016
e 12) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AUTHORIZE
SALE OF SAME, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS — TOWN OF
MEAD: Barb Connolly, Controller, recommended approval of the sale to the Town of Mead.
Commissioner Rademacher moved to declare said equipment as surplus, authorize the sale of same to
the Town of Mead, and authorize the Chair to sign necessary documents. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
El 13) CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2012: Ms.
Connolly, explained the PILT distribution and answered questions from the Board. Commissioner
Kirkmeyer moved to approve said Resolution. The motion was seconded by Commissioner Long, and it
carried unanimously.
e 14) CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2012: Ms. Connolly
explained the method of distribution. Commissioner Rademacher moved to approve said Resolution.
The motion was seconded by Commissioner Garcia, and it carried unanimously.
PLANNING:
1) CONSIDER VACATION OF SPECIAL USE PERMIT, SUP-445 - DCP MIDSTREAM: Kim
Ogle, Department of Planning Services, provided a brief summary of the vacation request; however, he
explained there was confusion between two cases which received duplicate case numbers and staff is
requesting the matter be dismissed or referred back to staff for further review. Commissioner
Rademacher moved to refer the matter back to staff for further review. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
e 2) CONSIDER VACATION OF SPECIAL USE PERMIT, SUP-328 - ANADARKO E&P
PETROLEUM: Mr. Ogle provided a brief summary of the request. Commissioner Kirkmeyer moved to
vacate Special Use Permit, SUP-328. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
PLANNING OLD BUSINESS:
ID 1) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1741 - ROSWELL AND
KERRY CHECKETTS: Chris Gathman, Department of Planning Services, provided a brief summary of
the history of the case and progress made by the applicant, and recommended the matter be continued
for 90 days. Tim Naylor, AGPROfessionals, LLC, reviewed the timing issues for the pending projects
on the site. Commissioner Garcia moved to continue the Initial Hearing to December 10, 2012, at 9:00
a.m. Commissioner Rademacher seconded the motion, 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.
Minutes, September 10, 2012 2012-2454
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:23 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: "ft c 3 P ------7
4ystca Sean P. Con a , Chairc.__r
Weld County Clerk to the r 'r r
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Minutes, September 10, 2012 2012-2454
Page 5 BC0016
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