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Home My WebLink About20120654 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 7, 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 7, 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 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 MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of March 5, 2012, as printed. Commissioner Long seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following under New Business: 5) Consider Stormwater Annual Report and authorize Chair to sign [2012-0658]. Commissioner Kirkmeyer seconded the motion, which carried unanimously. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE - JOSEPH MCCLENNAN AND ANTONIO ARGUELLO: Chair Pro-Tem Garcia read the certificates into the record, recognizing Joseph McClennan and Antonio Arguello for their service on the Building Trades Advisory Committee. RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - DONNA GETMAN, JEANNIE VALLIERE, DON SCHOFIELD, ALVINA DERRERA, LARRY BURKHARDT, AND JEFF GOODY: Chair Pro-Tern Garcia read the certificates into the record, recognizing, Donna Getman, Jeannie Valliere, Don Schofield, Alvina Derrera, Larry Burkhardt, and Jeff Goody for their service on the Workforce Development Board. Don Schofield was present to receive his presentation and Chair Minutes, March 7, 2012 2012-0654 31.E Page 1 BC0016 Pro-Tem Garcia indicated the other certificates will be delivered. Commissioners Long and Rademacher thanked Mr. Schofield for his time and professional contribution. COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher stated he attended the State-Wide Round Table last week, and although the Governor was a little vague on water conservation in Northern Colorado, it seems there has been a subtle, but positive, shift in opinion from producers on the Western slope. BIDS: APPROVE BID #61200048, GAS CHROMATOGRAPH/MASS SPECTROMETER INSTRUMENT (MID GRADE) - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Monica Mika, Director of Finance and Administration, requested a one-week continuance to allow additional time for a scheduled work session. Commissioner Long moved to continue the matter to March 12, 2012. Seconded by Commissioner Rademacher, the motion carried unanimously. OLD BUSINESS: CONSIDER RESCINDING DOCUMENT #2012-0293, DATED JANUARY 30, 2012, CONCERNING INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN MUNICIPAL BOUNDARIES - TOWN OF NUNN (CON'T FROM 02/08/12): Bard Yatabe, Assistant County Attorney, requested a one-week continuance to allow additional time to receive a response from the Town of Nunn. Commissioner Rademacher moved to continue the matter to Wednesday, March 14, 2012. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON MARCH 31, 2012, THROUGH APRIL 1, 2012 - DAWN SCENA, NORMAN LAW, AND GLENN SHARP: Lisa Carpenter, Deputy Sheriff, stated the applicants have provided evidence of trash removal service; however, they still need to provide the food vendor information. In response to Commissioner Rademacher, Dawn Scena, applicant, stated they will be hosting a Motocross event on the 30-acre site. Norman Law and Glenn Sharp, co-applicants, were also present to answer questions. Responding to Commissioner Kirkmeyer, Ms. Scena stated they anticipate approximately 750 participants and spectators. Janet Carter, Department of Public Works, confirmed the applicants have been working with staff to formalize the Incident Action Plan. Responding to Commissioner Rademacher, Mr. Sharp stated they have a contract with a private paramedic service, which will be able to provide on-site treatment; however, they are not licensed for transports. Commissioner Kirkmeyer moved to amend the Resolution to insert a Condition requiring review and approval of the Incident Action Plan and Traffic Control Plan prior to the event. Commissioner Rademacher seconded the motion, which carried unanimously. Commissioner Rademacher moved to approve said application, with the condition as previously cited. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON APRIL 14 AND 15, 2012 — MARTIN GUTIERREZ: Deputy Carpenter stated the application indicates there will be an on-call veterinarian, sufficient water for the horses, and no alcohol will be allowed. Mr. Yatabe stated the application materials indicate an attendance of 1,500(+) people; however, the permit should be issued designating a specific number of attendees. Martin Gutierrez, applicant, stated there were no problems reported last year, and based on the number of tickets issued at the gate, the first day they had approximately 1,800 present, with approximately 1,300 attending the second day. Mr. Yatabe stated the Code requires a specific number in order to establish requirements for toilets, water, Incident Action Plan responders, etcetera. Mr. Gutierrez stated 1,800 would be the preferred maximum and he did order three additional portable toilets to accommodate the additional people. Ms. Carpenter stated the higher capacity would also require increased security, paramedics, parking, Minutes, March 7, 2012 2012-0654 Page 2 BC0016 etcetera. Commissioner Kirkmeyer commented the report from the Department of Public Health and Environment indicated last year there were people selling food from their vehicles without the appropriate retail licenses, and she also received complaints regarding parking along County Road (CR) 31, trash, and noise. Mr. Gutierrez stated the security team will provide enforcement in the parking area to ensure there is no sale of food, other than what is authorized through the licensed vendors, and the Traffic Plan prevents attendees from parking on the County roadway. He stated he personally picked up trash along the roads on Monday following last year's event, he committed to picking up trash daily for the upcoming event, and he indicated there is no music or loud speakers associated with the activity. In response to Commissioner Rademacher, Ms. Carpenter stated she did not personally receive any complaints. Mr. Gutierrez stated at the beginning and end of the event the Traffic Control Plan utilized both entrances to prevent stacking on the roads. Ms. Carpenter stated the access is wide enough for two-lane traffic, and she felt it worked very well in preventing parking along the road. Benjamin Hansford, surrounding property owner, stated the applicant has hosted numerous gatherings which, until recently, were unpermitted and always created a large imposition on the area residents. He expressed concern that the event will result in unauthorized parking in front of neighboring properties, trash, and noise. Responding to Commissioner Garcia, Mr. Gutierrez stated other horse owners have been permitted to come and train their horses, and it was his understanding that there were no concerns reported after last year's event. Chair Pro-Tem Garcia stated many of the concerns expressed can be managed; however, he is uncertain the applicant is fully prepared to control the crowds and prevent impacts to the surrounding community. Commissioner Rademacher agreed and stated he will only support the request for up to 1,000 people, with a suitable Incident Action Plan in place. Commissioner Kirkmeyer stated this started as a violation, and rather than obtain a Use by Special Review (USR) permit, the applicant chose to utilize the annual Temporary Assembly option. In addition to the complaints received, Commissioner Kirkmeyer also expressed concern with the applicant's testimony that the prior event exceeded the permitted attendance and that he was unaware of the unauthorized sale of food in the parking area. Mr. Gutierrez stated the traffic control company did a good job of directing traffic and he asserted there was no traffic parked along the County road. He further stated he can control those within his property; however, he has no authority over those outside his property. Commissioner Long stated it does not appear the applicant is prepared to meet the requirements of a reduced event. Commissioner Long moved to deny said application. The motion was seconded by Commissioner Kirkmeyer. Mr. Yatabe indicated there is no restriction on submitting a modified application, if the applicant feels he can meet the reduced attendance and show how the expressed concerns will be addressed throughout the event. The Board indicated Mr. Gutierrez needs to work with staff to determine how to conduct an event which is appropriately sized for the property. There being no further discussion, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 6 BETWEEN CR 19 AND U.S. HIGHWAY 85: Commissioner Kirkmeyer stated there was a community meeting with the residents of Wattenburg and she moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 79 AT CR 80 AND ON CR 84 AT CR 79: Ms. Carter stated north-south traffic on County Road 79 will be stopped at the intersection with County Road 80, due to a limited sight distance, and east-west traffic will be stopped on County Road 84, at County Road 79, due to increased oil and gas traffic volume activity in the area. Commissioner Rademacher moved to approve the installation of said Stop signs on County Roads 79 and 84, as recommended by staff. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER STORMWATER ANNUAL REPORT AND AUTHORIZE CHAIR TO SIGN: David Bauer, Department of Public Works, stated he previously signed the annual reports regarding activities in the MS4 system; however, the process now requires signature authorization by an elected official. Minutes, March 7, 2012 2012-0654 Page 3 BC0016 Commissioner Rademacher moved to approve said report and authorize the Chair to sign. Commissioner Kirkmeyer 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. There being no further business, this meeting was adjourned at 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �u�.� EXCUSED Sean P. Co Chair Weld County Clerk to the Board p William F. Garcia, r Tem BY: A9)4 ��^t�'' k Deputy dthrk to the Bo�eV 1E, / l,k.% a_ )ah hc‘ ti ara Kirkmeye ��4� c cJ .., David E. Long r. Douglas ademache Minutes, March 7, 2012 2012-0654 Page 4 BC0016 Hello