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Home My WebLink About20121731.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY JULY 9, 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, Monday July 9, 2012, at the hour of 9:00 a.m. IR 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 - EXCUSED Commissioner Barbara Kirkmeyer Commissioner David E. Long - EXCUSED Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick/Debbie Heffel Director of Finance and Administration, Monica Mika e MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of July 2, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2012-5 by tape. Commissioner Rademacher seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. ID PUBLIC INPUT: No public input was given. e CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. la PRESENTATIONS: 1) Recognition of Services, Department of Human Services - Leslie Gearheart: Judy Griego, Director, Department of Human Services, accepted the retirement plaque and pin on Ms. Gearheart's behalf. NEW BUSINESS: e 1) CONSIDER MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Ms. Griego reviewed the ongoing term of the Memorandum of Understanding to serve youth through a collaborative effort. Minutes, Monday July 9, 2012 2012-1731 Page 1 BC0016 Commissioner Kirkmeyer moved to approve said MOU and authorize Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 2) CONSIDER COMMUNITY SERVICES BLOCK GRANT (CSBG) AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Griego gave a brief overview of the agreement for a three-year plan for various programs. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. la 3) CONSIDER ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER PROTEST LOG - REAL AND PERSONAL PROPERTY: Christopher Woodruff, Assessor, reviewed the 2011-2012 assessed values for the various land use categories and answered questions from the Board. Commissioner Rademacher moved to approve said assessed valuation. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. la 4) CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON JULY 21, 2012 - ACTIVE LIFE EVENTS, C/O TOM SORENSEN: Bruce Baker, County Attorney, stated Assistant County Attorney, Brad Yatabe, reviewed the applications for both items and recommends approval. Roy Rudisill, Office of Emergency Management, stated the Berthoud Fire Protection District will be having a meeting with the applicant prior to the event and they have no concerns. Commissioner Rademacher moved to approve said application. The motion was seconded by Commissioner Kirkmeyer and it carried unanimously. la 5) CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT FOR JULY 21, 2012, AND AUTHORIZE CHAIR TO SIGN - ACTIVE COMMUNITY ENGAGEMENT/DIGGITY, C/O TOM SORENSEN: Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously. la 6) CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN US HWY 85 AND CR 29: Janet Carter, Department of Public Works, reviewed the closure plans. Commissioner Rademacher moved to approve said temporary closure. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 7) CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CR 7 AND CR 9.5: Ms. Carter reviewed the closure plans. Commissioner Kirkmeyer moved to approve The motion was seconded by Commissioner Rademacher, and it carried unanimously. el 8) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 138 AND AUTHORIZE CHAIR TO SIGN - SUPERIOR OILFIELD SERVICES, LTD.: Don Carroll, Department of Public Works, gave a brief description of the right-of-way location and reviewed the terms of the agreement for the record. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. ID 9) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 62 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC.: Mr. Carroll gave a brief description of the right-of-way location, which will be shared with two other users, and he reviewed the provisions of the agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously. Minutes, Monday July 9, 2012 2012-1731 Page 2 BC0016 Ii 10) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 65 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC.: Mr. Carroll displayed a map regarding this agreement and the following two items of business. He explained the terms of the agreements, which will be utilized to access various oil and gas drilling sites. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. e 11) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 86 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC. Based on the previous discussion, Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 12) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF CR 69 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC. Based on the previous discussion, Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. e 13) CONSIDER AGREEMENT FOR CENTENNIAL HIGHWAY SIGNAGE AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works, displayed the new Centennial Highway (U.S. Highway 85) sign and stated there will be 50 small signs and 10 large signs placed along the route from the Town of Nunn to the City of Brighton which will be installed by the Colorado Department of Transportation (CDOT). Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 14) CONSIDER SATELLITE SERVICE AGREEMENT FOR IRIDIUM PHONE AND AUTHORIZE CHAIR TO SIGN - SATELLITEPHONESTORE.COM: Mr. Rudisill reviewed the terms of the agreement. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Et 15) CONSIDER TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Justice Services, explained the provisions of the agreements for providing treatment and management care to inmates. Commissioner Kirkmeyer moved to approve said agreements and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher, carried unanimously. El 16) CONSIDER MODIFIED INTERGOVERNMENTAL AGREEMENT REGARDING A STAND- ALONE FACILITY FOR FORENSIC DISCIPLINES FOR THE NORTHERN REGIONAL LAB GROUP AND AUTHORIZE CHAIR TO SIGN: Mr. Baker stated the IGA was first approved by the Cities of Greeley and Loveland in August, 2011; however, certain amendments were made by the City of Fort Collins and Larimer County, and he recommended approval of the revised version. Commissioner Rademacher moved to approve said Intergovernmental Agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. El 17) CONSIDER APPEAL CONCERNING THE DECISION OF THE DEPARTMENT OF PUBLIC WORKS TO DENY AN ACCESS PERMIT — KERR-MCGEE GATHERING, LLC: Ms. Carter explained the logic behind her decision to deny the access permit, pursuant to the provisions in the Weld County Code. El Vince Harris, Baseline Corporation, Jay Allen, Anadarko Project Engineer, and Rick Benning, Baseline Corporation Engineer, were present to represent the applicant. Mr. Harris reviewed Minutes, Monday July 9, 2012 2012-1731 Page 3 BC0016 the layout of the site and facility operation and explained the reason for the property owner's appeal. ID In response to Commissioner Kirkmeyer, Mr. Barker agreed dismissal of this appeal is appropriate to allow for proper review through the Use by Special Review Permit process. Following discussion, Commissioner Kirkmeyer moved to dismiss said appeal without prejudice and directed staff and the applicant to continue working to resolve the access issue, with the understanding that they still have the option to appeal in the future, if necessary. The motion was seconded by Commissioner Rademacher, and it carried unanimously. E 18) FIRST READING OF CODE ORDINANCE #2012-5, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE: Patti Russell, Director, Department of Human Resources, stated this reflects revisions to the dress code as it relates to blue jeans. Following discussion, Commissioner Kirkmeyer moved to not approve the Ordinance. Commissioner Rademacher seconded the motion. Upon a roll call vote, the motion failed, with Commissioner Conway opposed. There being no motion to approve, the Ordinance failed to pass on first reading, and the Board indicated it will revisit this issue in a work session to possibly be represented at a later date. 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 10:18 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: r Sean . Conway, Chair C Weld County Clerk to the Board EXCUSED William F. Garcia, Prod-Tem BY: � / � ` Deputy C rk tote Boar /� i� if 41ELo :Tarboro Kirkmeyet 1861 t � EXCUSED vid E. Long //ar— p Cry rice/ �� nrlp%5 a f'i� d ut , Douglas Rademacher Minutes, Monday July 9, 2012 2012-1731 Page 4 BC0016 Hello