HomeMy WebLinkAbout20111099 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 4, 2011
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
Centennial Center, Greeley, Colorado, May 4, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of May 2, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Ray Tshillard, Director of the Poudre Learning Center, and Richard Maxfield, Poudre
Learning Center Board Member, submitted a written request for accelerated County enforcement action
concerning proposed Use by Special Review (USR) Permit #1778, marked Exhibit A, and Mr. Tshillard
read the document into the record, as follows: "The Poudre Learning Center is requesting accelerated
Weld County enforcement action of referenced USR #1778. This case will be coming before the Board
on May 16, 2011, with a recommendation of denial by the Planning Commission. We are advised by
Kim Ogle that enforcement action to remove illegally parked campers, boats, and trailers managed from
subject premises is difficult to accomplish other than traditional enforcement processes of citations,
responses, hearings, etc. It was cited at the hearing yesterday, May 3, 2011, that this commercial
hunting and water sports concession is operating without permit. Without instructions from the Weld
County Commissioners to take a higher level action for removal, he can only proceed under existing
regulations. This is a highly visible operation from the Poudre Trail system, the Poudre Learning
Center, and the Poudre River Ranch subdivision. The Poudre Learning Center Board of Directors
respectfully requests your attention to this matter" Mr. Tshillard submitted two (2) photographs into the
record, marked Exhibit B. Commissioner Conway stated all he knows about this matter is what he read
in the Greeley Tribune this morning, since the Planning Commission first reviews the matter. In
response to Commissioner Conway, Mr. Tshillard stated the trailers have been located on the property
for approximately four (4) years. Mr. Maxfield indicated the trailers were initially located close to the
reservoir, where they were less visible; however, Weld County staff directed the trailers to be moved
Minutes, May 4, 2011 2011-1099
\-5 \ Page 1 BC0016
further to the south, due to the flood plain, and the trailers can now be seen from the Poudre Trail path.
In response to Chair Kirkmeyer, Mr. Barker indicated this matter is scheduled to be considered by the
Board two (2) weeks from today, at which time the Board will determine whether or not to approve USR
Permit #1778, and whether the requested uses will be allowed to occur. He stated Mr. Tshillard and
Mr. Maxfield are requesting that the matter be considered in a violation hearing; however, due to the
legal notification required for the process, the matter would not be considered until the June Violation
Hearings. He stated he previously spoke to Mr. Tshillard and Mr. Maxfield and he advised them they
could present their request for accelerated action to the Board today. In response to Commissioner
Conway, Mr. Tshillard confirmed the Poudre Learning Center is requesting that the Department of
Planning Services begin the violation process. Mr. Maxfield stated it is also being requested that the
powerboat operation be ceased. He indicated the Poudre Trailathalon will be occurring this weekend
and the following weekend the District Regional Rotary Conference will be occurring, and he
understands these matters take time to address; however, he would like the powerboat activity to cease
before the upcoming events commence. Chair Kirkmeyer inquired as to why staff has not sent a letter
indicating the property is in violation of the Weld County Code, and the operations need to cease.
Mr. Barker indicated the property owners have been notified the property is in violation of the Weld
County Code, which is why the USR Permit application has been submitted, which the Board will be
considering in two (2) weeks, and the matter did not come before the Board in a Violation Hearing
because the application for a USR Permit was submitted. In response to Chair Kirkmeyer, Mr. Barker
indicated that when an application has been submitted for a USR Permit, the operations are only
ceased in the interim upon an order from the Board for the County Attorney's Office to pursue an
injunction to cease the activity. Commissioner Conway indicated his understanding was the same as
Chair Kirkmeyer's; he thought once staff has determined an operation is in violation of the Weld County
Code, it is directed to cease operations until the USR Permit is issued. Mr. Barker reiterated the
operations are not requested to cease without the Board's order. Chair Kirkmeyer thanked
Mr. Tshillard and Mr. Maxfield for bringing the matter to the Board's attention, and she stated the Board
will research its options and follow up on the matter. Mr. Tshillard encouraged people to observe the
eaglets on the Poudre River Trail this year. (Clerk's Note: Since this request is related to an upcoming
land use matter, copies of the exhibits submitted by Mr. Tschillard and Mr. Maxfield were retained to be
included with these minutes; however, the original exhibits will be included with the BOCC Exhibits to
be considered with all other documents related to the application for USR Permit#1778.)
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL POLICE OFFICERS WEEK - MAY 9-15, 2011, AND NATIONAL PEACE OFFICERS
MEMORIAL DAY- MAY 13, 2011: Chair Kirkmeyer read the certificate into the record, proclaiming the
week of May 9-15, 2011, National Police Officers Week, and May 13, 2011, National Peace Officers
Memorial Day.
John Cooke, Weld County Sheriff, indicated years ago Congress began designating time to
acknowledge officers who died in the line of duty; however, it is more significant to Weld County this
year since Deputy Sam Brownlee was killed on November 23, 2010, by a gang member, while in the
line of duty. He stated Deputy Brownlee will be honored at the State Memorial on May 6, 2011, when
Deputy Brownlee's name will be added to the State Memorial Wall, he will also be recognized, along
with the other officers who were killed in the line of duty last year, at the Peace Officers Memorial
Service on May 11, 2011, at Bittersweet Park in the City of Greeley. He stated Deputy Brownlee's
name will also be placed on the National Memorial Monument in Washington, D.C., where there will be
a candlelight vigil on May 13, 2011, and a memorial service on May 15, 2011. Sheriff Cooke expressed
his appreciation to the Board for its support throughout the year. Commissioner Conway concurred
with Sheriff Cooke that this year the memorial is more significant to Weld County than previous years
Minutes, May 4, 2011 2011-1099
Page 2 BC0016
have been, due to the loss of Deputy Brownlee, and the Board plans to attend and participate in the
memorial ceremony. He stated his thoughts and prayers will be with Deputy Brownlee's family through
what will clearly be an emotional time. Commissioner Rademacher concurred with Commissioner
Conway's comments, and he thanked Sheriff Cooke and the other law enforcement officers for their
service in Weld County. Commissioner Garcia concurred with Commissioners Conway and
Rademacher's comments. Commissioner Long concurred with the previous comments, and he
thanked the families of Weld County's law enforcement officers for their support. Chair Kirkmeyer
concurred with the previous comments.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE - KENNETH PONCELOW: Chair Kirkmeyer
read the certificate into the record, recognizing Kenneth Poncelow for 25 years of service with the Weld
County Sheriff's Office.
Sheriff Cooke stated Commander Poncelow has done an outstanding job working for Weld County. He
stated Commander Poncelow began working in the operations division, and he has also worked for the
jail, in investigations, in community service, and for a task force overseeing undercover operations. He
stated Commander Poncelow is an "outside-the-box" thinker, and he brought community policing to the
Sheriff's Office long before it was popular, and it has been successful since being implemented and it
changed the philosophy of the Sheriff's Office. Sheriff Cooke stated Commander Poncelow will be the
new Police Chief for the City of Fort Lupton, and tomorrow is his last day working for the Sheriff's
Office. Commissioner Rademacher thanked Commander Poncelow for his service, and he stated he
will be missed. Commissioner Long thanked Commander Poncelow for his service and ideas, for being
personally involved with community policing in the north portion of the County, for the way he
demonstrates his values, and for his relationship building techniques. Commissioner Garcia indicated
he admires Commander Poncelow's comportment, and he stated that he makes people feel at ease,
while dealing with challenging issues. He indicated he appreciated that Commander Poncelow
presented information in a clear and concise manner, and he wished him good luck with his next
endeavor with the City of Fort Lupton. Commissioner Conway stated the City of Fort Lupton could not
have made a better choice for a Police Chief, and he thanked Commander Poncelow for his service to
the citizens of Weld County. Chair Kirkmeyer stated she has known Commander Poncelow for
approximately 20 years, and he was one of the first Sheriff's deputies she met as a Commissioner.
She stated Commander Poncelow has great communication skills, and he has done a great job for
Weld County. She stated she has heard great comments from the community about the work
Commander Poncelow has done in keeping Weld County's neighborhoods safe. Commander
Poncelow thanked the Board, and he stated it has been a great 25 years working for Weld County.
RECOGNITION OF SERVICES, ISLAND GROVE PARK ADVISORY BOARD — TERRY GERTGE:
Chair Kirkmeyer read the certificate into the record, recognizing Terry Gertge for three (3) years of
service on the Island Grove Park Advisory Board. Commissioner Conway stated he served with
Mr. Gertge on this Board, and he did an outstanding job. He thanked Mr. Gertge for his commitment to
making the community and County a better place to work and live.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated that following the Board
meeting, the Commissioners will be presenting the Regional Economic Development Plan to the State.
He thanked the citizens who participated in the Regional Economic Development forums and the
elected officials who worked on the Regional Economic Development Plan. He commended the
Larimer County Commissioners for their willingness to expeditiously construct the Regional Economic
Development Plan. Commissioner Conway indicated it was a great exercise, and the Counties have
conceived a lot of good ideas and determined goals, which he looks forward to accomplishing.
Minutes, May 4, 2011 2011-1099
Page 3 BC0016
BIDS:
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - E112, S28, T5N, R61W: Barb Connolly,
Controller, stated one (1) bid was submitted for this lease, and it is from Conquest Land, for $3,500.00
per net mineral acre, for 320 acres. Commissioner Rademacher moved to approve the sole bid from
Conquest land, in the amount of $3,500.00 per net mineral acre, for a total amount of $1,120,000.00.
Seconded by Commissioner Conway, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - RIGHT-OF-WAY STRIP RUNNING
THROUGH S18 AND S19, T9N, R57W: Ms. Connolly stated one (1) bid was submitted for this lease,
and it is from Marathon Oil, for $400.00 per net mineral acre, for 11.5 acres. In response to
Commissioner Rademacher, Chair Kirkmeyer indicated the reason there was only one (1) bid for this
parcel is likely due to its small size. Commissioner Conway moved to approve the high bid from
Marathon Oil, in the amount of $400.00 per net mineral acre, for a total amount of $4,600.00.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - SW1/4, S12, T1 N, R66W: Ms. Connolly
stated no bids were submitted for this lease. In response to Chair Kirkmeyer, Ms. Connolly stated the
parcel is 151 acres in size. Further responding to Chair Kirkmeyer, Ms. Connolly indicated the lease
will be made available again. In response to Commissioner Conway, Chair Kirkmeyer stated no motion
is necessary.
APPROVE BID #61100066, ELECTRONIC MONITORING EQUIPMENT - SHERIFF'S OFFICE:
Monica Mika, Director of Finance and Administration, stated this bid was presented to the Board on
April 20, 2011, and the Board discussed the bid at a work session earlier this week. She stated the
Sheriff's Office created an extensive process to evaluate all the components of this bid, and it
recommends the bid be awarded to BI, Inc.
Commander Richard Wayman, Sheriff's Office, stated there was an evaluation committee of four (4)
individuals, who evaluated seven (7) bid proposals, and BI, Inc., rated the highest and it submitted the
lowest bid proposal amount. Chair Kirkmeyer thanked Mr. Wayman for bringing this matter to the
Board's attention. Commissioner Conway moved to approve the low bid from BI, Inc., based on staffs
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER SEMI-ANNUAL PROGRESS REPORT #9 FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated that Judy Griego, Director,
Department of Human Services, asked her to present this item on her behalf. She stated this report
indicates a total number of 220 couples were served, and there is interesting information about the
effectiveness of the Building Healthy Marriages Program included in the report. She encouraged the
Board to read the information provided in the report, and she stated the Department of Human Services
is accomplishing amazing things with the Building Healthy Marriages Program, which is unique to Weld
County. She stated the Department also facilitates the Love Notes and Within My Reach Programs, to
try to reach younger people. Commissioner Garcia stated at the Leadership Prayer Breakfast on
Saturday he spoke to Pastor Mike Webb, from the Vineyard Church, and his wife. He stated Pastor
Webb works closely with the Building Healthy Marriages Program and he expressed great comments
about the Program. Commissioner Garcia stated that he is hopeful for the Program's continued
existence after the grant funding has ceased, and that the Program will be sustained through other
means. Commissioner Long indicated he is encouraged by the Building Healthy Marriages Program;
however, he understands many programs are unable to be sustained after the grant funding has
ceased. He stated the Program has accomplished some good, and he would find it interesting to be
able to measure how the Program changes communities, in terms of lessening domestic violence and
Minutes, May 4, 2011 2011-1099
Page 4 BC0016
other abuses. Commissioner Long moved to approve said progress report and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR WELD COUNTY YOUTH
CONSERVATION CORPS, AMERICORPS PROGRAM, AND AUTHORIZE ELECTRONIC
SUBMITTAL: Ms. Mika stated she is also presenting this item for Ms. Griego. She stated this is the
second year in a three (3) year grant, and the grant will end in the year 2012. She stated the
Americorps and Youth Conservation Corps Programs are specifically oriented to further land and water
applications. Commissioner Conway indicated the Board asked a question after reviewing the
"pass-around" documents for this item about the projects the Youth Conservation Corps will work on
outside of Weld County, and he inquired as to whether the question has been answered. Chair
Kirkmeyer stated she sent an e-mail explaining that when she was the Commissioner Coordinator for
Human Services, projects which benefited Weld County were approved, even when the projects were
outside of the County. Commissioner Conway stated he does not want projects to be pursued outside
of Weld County without review by the Board or the Commissioner Coordinator. Commissioner
Rademacher moved to approve said application and authorize the electronic submittal of said
application. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER COST TARGET ADJUSTMENT FOR 2011 FLEET MAINTENANCE - ALL STAR
TECHNICAL SERVICES: Ms. Connolly stated this proposal was discussed in a work session last
week. She stated All Star Technical Services has done a good job of containing its costs for the
County's fleet maintenance; however, some of the costs it bears are parts and outside labor, and it
cannot contain those costs. She stated All Star Technical Services experienced an overall financial
loss in its operations for Weld County, and she finds it reasonable to grant an increase of 1.9 percent,
which is $27,875.00, and the increase will bring the total 2011 cost to $1,605,056.00. Commissioner
Rademacher moved to approve the Cost Target Adjustment for 2011 fleet maintenance. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PROPOSAL AND CUSTOMER SERVICE AGREEMENT FOR MICROFILM,
MICROFICHE, AND BOOK CONVERSION SERVICES FOR WELD COUNTY TREASURER'S
OFFICE AND AUTHORIZE CHAIR TO SIGN - HOV SERVICES: Mr. Barker stated this and the
following items were considered by the Board in a work session several weeks ago, regarding having
books from the Treasurer and Clerk to the Board's Offices scanned. He stated the main concern was
not about price; it was about the custodial relationship the County will have with HOV Services, since
the books are considered to be priceless. He indicated he wants to ensure the books are well cared
while in HOV Services possession; therefore, he insisted that it provide insurance with Weld County as
an additional named insured, which HOV Services has completed. Mr. Barker indicated the books are
insured for up to $3,000,000.00; however, if lost, it will be difficult to assign a value to the books, and
the money will not recover the information lost in the books. He stated the books will be mailed by
Federal Express for a one (1) day transport, and he feels confident with both of the agreements and
that the books will be maintained properly in HOV Services' custody. In response to Commissioner
Rademacher, Mr. Barker stated no more than two (2) or three (3) books will be taken into possession
by HOV Services at the same time. Commissioner Conway inquired as to whether HOV Services has
completed similar services for other municipalities and whether its record concerning lost or damaged
items has been researched. Ms. Mika stated the County has successfully worked with HOV Services
before on other scanning projects. Commissioner Conway moved to approve said proposal and
agreement, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
Minutes, May 4, 2011 2011-1099
Page 5 BC0016
CONSIDER PROPOSAL AND CUSTOMER SERVICE AGREEMENT FOR MICROFILM AND BOOK
CONVERSION SERVICES FOR WELD COUNTY CLERK TO THE BOARD'S OFFICE AND
AUTHORIZE CHAIR TO SIGN - HOV SERVICES: Based on previous discussion, Commissioner
Rademacher moved to approve said proposal and agreement, and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER NEW DESIGNATION OF THE UNIFORM BUILDING CODE BOARD OF APPEALS AS
THE WELD COUNTY BUILDING CODE BOARD OF APPEALS, AND APPOINTMENT AND
REAPPOINTMENTS THERETO: Commissioner Rademacher moved to designate the Uniform
Building Code Board of Appeals as the Weld County Building Code Board of Appeals, and to reappoint
Bill Delap, Dale Lyman, and Mark Muse to said board, and to appoint Richard Spitler to said board.
Seconded by Commissioner Garcia, the motion 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 9:51 a.m.
BOARD OF COUNTY C MMISSIONERS
�St , W D COUNTY, C L ADO
ATTEST: »`. �� 11 -- �(��
'is ( .���•i.�� �W bara Kirkmeyer Chair
Weld County Clerk to the BItr. ( -1O t4V C. way, Pro-Tem
BY: OiL/i SAC! `=iir � ��I ,
Deputy Clerk to the Board
Ili FF. - cia
AP ED ORM:
avid E. Long�'�
Attorney
Dougla Rademac er
Minutes, May 4, 2011 2011-1099
Page 6 BC0016
Case number USR 1778
Kim Ogle,Weld County Planner
The Poudre Learning Center is requesting accelerated Weld County enforcement action on referenced
USR 1778. This case will be coming before you on May 16 with a recommendation for denial by the
planning commission.
We are advised by Kim Ogle that enforcement action to remove illegally parked campers, boats and
trailers managed from subject premises is difficult to accomplish other than traditional enforcement
processes of citations, responses, hearings, etc. It was cited at the hearing yesterday, May 3rd, that
this commercial hunting and water sports concession is operating without permit. Without instructions
from the Weld County Commissioners take a higher level action for removal, he can only proceed under
existing regulations.
This is a highly visible operation from the Poudre Trail system,the Poudre Learning Center, and Poudre
River Ranch subdivision. The Poudre Center Learning Center Board of Directors respectfully requests
your attention to this matter.
Thank you taking this request nder advisement.
Ray Tschi ard, Poudre Learning Center Director
Richard Maxfield, Poudre Learning Center Board member- 5402 16th St. Lane, Greeley,CO 80634
Ri di t /
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Weld County planners reject request for water skiing park Send us your new=_
back. tatrwt
Tuesday,May 3,2011 :a
By Dan England
dengland&greeleytribune.com
Erred Print Comment Recommend Share on Facehook advertisement I your ad here
A flock of supporters for the Poudre Learning Center and a nesting pair of bald eagles won the first round Sprint
against landowner Ed Orr Tuesday when the Weld County Planning Commission rejected a permit that Get an
would allow up to 50 campsites and a water skiing park just west of the center at 83rd Avenue and F ..
Street right off the Poudre Trail. instant rebate
on event'device
The rejection is just a remnmendation to the Weld County Board of Commissioners,who should hear the from Sl}f!At a 3'f ° .'.
proposal in a few weeks.But it's still a victory for officials of the learning center,those concerned about
the pair of eagles that have nested there since 1992 and a growing number of residents who signed a sn. w
petition against the permit,m taK
ore than 500 at fast count. ie
OetkltoM
Om already was operating a water skiing membership and guided hunting business without permission,and
the permit was designed to put regulations on it and get it in compliance.But that permit could have at
least doubled or tripled the intensity of the operation,and ultimately that's why seven out of nine
comrmssioners voted to reject it.They didn't believe the water skiing operation meshed with the serene Rrthwrd Fik.icnte ;i hietwc
nature and wildlife setting the learning center tries to emulate.
"There are not many places where people can get down to the river and see what it's like and feel what
it's like,"said Paulette Weaver,assistant director of the Poudre Learning Center. n :.
Read the full story in Wednesday's Tribune. Enter Your Email iLjiiq
te,....�...,._..e._
What's next
The Weld County Commissioners have tentatively scheduled a hearing on this issue on May 16. _
Commissioners meet in the Centennial Building,915 10th St.
For more information on the petition,go to www.gopetition.mm/petitions/stop"mmmerdal-hunting- UPCOMING EVENTS SEARCH
boating-fad lity-usr-17781.htmt.
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