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Home My WebLink About20123446.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 3, 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 3, 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/Tammy Waters Director of Finance and Administration, Monica Mika IR MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of November 28, 2012, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. IR READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2012-14 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on November 28, 2012, as follows: 1) USR12-0051 - Anadarko E & P Company, LP. Commissioner Garcia seconded the motion, which carried unanimously. El AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following under New Business: 17) Consider Energy and Mineral Impact Assistance Program Application for County Road 49 Extension Project and authorize electronic submittal. Commissioner Garcia seconded the motion, which carried unanimously. IR PUBLIC INPUT: Jean Mark, LaSalle resident, expressed concern with the excessive odor caused by her neighbors sprinkler irrigation using wastewater. She answered questions from the Board concerning her contact with the neighbor farmer, who did not indicate intension to remedy the situation. Trevor Jiricek, Director of Environmental Health Services, reviewed the benchmarks for odor Minutes, December 3, 2012 2012-3446 Th/ Page 1 BC0016 complaints. Ms. Mark indicated the operation is called Shelton Dairy, and Mr. Jiricek explained typically the applications are limited to the USR boundary and he will contact the dairy operator and provide the Board with a response concerning the dairy's dewatering practices. IE CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. El BIDS: 1) PRESENT AND APPROVE EMERGENCY BID #61300014, WELDING GENERATOR - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and Administration, introduced the matter. David Bauer, Department of Public Works, reviewed staff's recommendation and the need for emergency approval. Commissioner Kirkmeyer moved to approve the bid. The motion was seconded by Commissioner Garcia, and it carried unanimously. NEW BUSINESS: e 1) CONSIDER PSSF (Promoting Safe and Stable Families) PARTNERSHIP PROJECT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE DENVER WELD REGIONAL OFFICE: Judy Griego, Director, Department of Human Services, reviewed the terms of the agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. El 2) CONSIDER PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Ms. Griego discussed the provisions of the agreement. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. E-9 3) CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL SERVICES DIVISION POLICIES AND PROCEDURES: Judy Griego reviewed the proposed revisions. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. ID 4) CONSIDER TEMPORARY CLOSURE OF CR 46 BETWEEN CRS 3 AND 5: Janet Carter, Department of Public Works, reviewed the provisions of the closure. Commissioner Rademacher moved to approve said temporary closure. Commissioner Kirkmeyer seconded the motion, which carried unanimously. El 5) CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO AP PTL, LLC, FOR PURCHASE ON NOVEMBER 26, 2012, AND AUTHORIZE CHAIR TO SIGN: John Lefebvre, Treasurer, explained this item exceeds $10,000 and requires approval by the Commissioners. Commissioner Garcia moved to approve said assignment and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher. Mr. Lefebvre responded to questions from the Board. There being no further discussion, the motion carried unanimously. 6) CONSIDER REQUEST FOR RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT - TOWN OF KEENESBURG: Alan Caldwell, Sheriff's Office, reviewed the terms of this renewal and Minutes, December 3, 2012 2012-3446 Page 2 BC0016 addressed questions from the Board regarding formal approval by the Board to reaffirm the original decision. Chair Conway requested future review on the ability to assign staff to serve outside entities while struggling to staff the Jail. Commissioner Kirkmeyer agreed and suggested the Resolution for this and the following items be modified to remove "Automatic" from the title. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. El 7) CONSIDER REQUEST FOR RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT - TOWN OF HUDSON: Deputy Caldwell reviewed the terms of the renewal. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. El 8) CONSIDER REQUEST FOR RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT - TOWN OF MEAD: Deputy Caldwell reviewed the terms and rates for service. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. e 9) CONSIDER REQUEST FOR RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT - TOWN OF SEVERANCE: Deputy Caldwell reviewed the terms and rates for service under the renewal. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. e 10) CONSIDER REQUEST FOR RENEWAL OF LAW ENFORCEMENT SERVICE AGREEMENT - TOWN OF GARDEN CITY: Deputy Caldwell reviewed the terms and rates of the renewal. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. ID 11) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE-3J: Deputy Caldwell explained the old agreement expired and this is a renewal agreement for existing services provided to the School District. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. ID 12) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE: Deputy Caldwell stated the old agreement expired and this is a renewal agreement for existing services provided to Aims, rates did increase - but no new equipment would be required to provide services. He addressed questions regarding calls for service and the dispatch process. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. El 13) CONSIDER PURCHASE OF PROFESSIONAL SERVICES AGREEMENT FOR 2013 OIL AND GAS AUDITS AND AUTHORIZE CHAIR TO SIGN - MARTINDALE CONSULTANTS, INC.: Stephanie Arries, Assistant County Attorney, referenced a work session and reviewed the terms of the agreement to acquire consultation services in relation to tax appeals, which would be revised later to include the audit services after the first of the year. She addressed questions from the Board regarding item #3.b and the meals per diem. Mr. Barker proposed the language be amended, as noted, to be Minutes, December 3, 2012 2012-3446 Page 3 BC0016 consistent with the standards approved to County employees and elected officials. Commissioner Kirkmeyer moved to amend/limit this language to "phone, hotel, airfare, and meals" and Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. IR 14) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE #245-B SUPPLEMENTAL APPROPRIATION FOR 2012: Ms. Mika explained standard requirement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. El 15) SECOND READING OF CODE ORDINANCE #2012-13, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read by title only, Commissioner Long seconded the motion, which carried unanimously. Mr. Barker read said title for the record and stated there have been no changes since the first reading. Ms. Mika stated a work session is set for this afternoon. No public testimony was offered concerning this matter. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Fl 16) FIRST READING OF CODE ORDINANCE #2012-14, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE: Mr. Barker provided a brief summary of the proposed revisions in response to the recently approved Amendment 64 concerning prohibiting marijuana facilities, which does not address personal possession or use of marijuana. He addressed questions from the Board regarding consistency with previous amendments and the implementation of the federal law. Chair Conway commented there are other Counties taking similar actions, as well as some who are opting to adopt the Amendment. No public testimony was offered concerning this matter. Commissioner Garcia moved to approve Code Ordinance #2012-14 on first reading. Commissioner Rademacher seconded the motion, which carried unanimously. El 17) CONSIDER ENERGY AND MINERAL IMPACT GRANT APPLICATION FOR COUNTY ROAD 49 EXPANSION PROJECT AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Mika provided a brief explanation of the application request. Commissioner Rademacher moved to approve said application and authorize electronic submittal. Commissioner Kirkmeyer seconded the motion. Chair Conway and Commissioner Kirkmeyer discussed the benefits of an "excellent presentation" made at the CCI meeting last week. There being no further discussion, the motion carried unanimously. PLANNING: 1) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1772 - PETERS 313 RANCH, INC., C/O PECAN PIPELINE (RM), INC.: Rich Hastings, Department of Public Works, reviewed the work completed and recommended approval of the remaining amount. Commissioner Kirkmeyer moved to approve the cancellation. Commissioner Long seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2012-13 was approved on second reading, and #2012-14 was approved on first reading. Minutes, December 3, 2012 2012-3446 Page 4 BC0016 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 10:02 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: N .__. a- Sean P. Conway, Chair Weld County Clerk to the Board Lt. William F. arcia, Pro-Tem Deity Clerk t a Bop gi (' "'•. <� � tRis ara Kirkmeyer rj\ David E. Long & (as tud Dougly;s Rademacher Minutes, December 3, 2012 2012-3446 Page 5 BC0016 Hello