HomeMy WebLinkAbout20112198 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 10, 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, August 10, 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-Tem
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 August 3, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on July 26-29, 2011: 1) Board of Equalization; and August 3, 2011, as follows:
1) Hearing to obtain Public Input regarding changes to boundary lines of Commissioner Districts in
Weld County, Colorado; 2) USR #1781 - The Genesis Project of Northern Colorado; 3) USR #1784 -
Glen True and Sharon Wells-True; and 4) Amended USR #355 - Kerr-McGee Gathering, LLC.
Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
PRESENTATIONS:
RECOGNITION OF SERVICES, FAITH PARTNERSHIP COUNCIL - DALE DOWLING: Chair
Kirkmeyer read the certificate into the record, recognizing Dale Dowling for his service on the Faith
Partnership Council. Commissioner Conway thanked Mr. Dowling for his service to the citizens of Weld
County through his leadership on the Faith Partnership Council and for doing an outstanding job of
guiding the Council through its transition. He stated that Mr. Dowling improved and stabilized the
Council, and he wished him good luck with his future endeavors.
A� �\ Minutes, August 10, 2011 2011-2198
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COMMISSIONER COORDINATOR REPORTS: Chair Kirkmeyer stated she attended the Colorado Oil
and Gas Conservation Commission (COGCC) meeting on Monday afternoon and she read a letter into
the record, on behalf of the Board of County Commissioners, expressing the Board's support for
Rule 318-A, which the COGCC subsequently voted to approve at the meeting.
BIDS:
APPROVE BID #B1100037, CR 23 AND SH 392 INTERSECTION DESIGN - DEPARTMENT OF
PUBLIC WORKS: Monica Mika, Director of Finance and Administration, stated she concurs with staff's
recommendation to award the bid to Muller Engineering.
Pat Persichino, Director, Department of Public Works, confirmed he is recommending approval of the
bid proposal from Muller Engineering. Commissioner Rademacher moved to approve the bid from
Muller Engineering, in the amount of $330,100.00, based on staff's recommendation. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
OLD BUSINESS:
CONSIDER SERVICES AND SOLUTIONS AGREEMENT, ADDENDUM TO SAME, AND SERVICES
AND SOLUTION ORDER, AND AUTHORIZE CHAIR TO SIGN - XEROX CORPORATION (CON'T
FROM 8/03/2011): Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment,
stated through discussions in a work session and these items of business, he requested that the Board
consider a document management solution, in order to address reducing the costs of printing, copying,
faxing, and scanning business functions. He stated Xerox Corporation provided these documents;
however, through staff's diligence in learning about the equipment and the Department's printing,
copying, faxing, and scanning solutions, he now believes staff can accomplish the Department's goals
without entering into an agreement with Xerox; therefore, he recommends denying the agreement.
Dr. Wallace stated multi-purpose equipment has been identified which the County already owns, and
with the appropriate network cards and software, the equipment will be able to meet the Department's
needs, for a lower cost than the agreement with Xerox. Commissioner Conway thanked Dr. Wallace for
his willingness to research these cost saving measures. Ms. Mika stated Dr. Wallace is being humble;
this process required a lot of effort to research the equipment and networking costs. Commissioner
Garcia moved to deny said agreement, addendum to same, and solution order. Seconded by
Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
AUGUST 13-14, 2011 - BOYD AND HELEN ARNOLD: Brad Yatabe, Assistant County Attorney,
stated it is his understanding that the applicant is requesting a continuance, since Emergency Services
are not available for the original timeframe requested for this event. He stated the application is for
equestrian training; however, clarification is needed as to what that will entail, particularly since the
event is expected to include hundreds of people. He stated there are gates on the property, and there
was a previous Code violation on the property, where horseracing was a part of the violation. In
response to Commissioner Rademacher, Mr. Yatabe confirmed the main issue with the application is
the provision of emergency services. Further responding to Commissioner Rademacher, Mr. Yatabe
indicated he is unsure as to whether Boyd and Helen Arnold still intend for the Keenesburg Fire
Department to standby.
Ms. Arnold stated the Southeast Weld County Fair is occurring during the proposed dates; therefore,
the Keenesburg Fire Department will be busy and she did not want to overload it; therefore, she has
Minutes, August 10, 2011 2011-2198
Page 2 BC0016
selected new dates for the event, which are October 15 and 16, 2011. Chair Kirkmeyer indicated the
Board does not need to hear all the details of the event at this time, since the matter is being continued.
Deputy Lisa Carpenter, Sheriff's Office, stated she provided a list of necessary items to the applicants,
based on the other horse events which have occurred throughout the County this year. She stated a
contract needs to be supplied for the security arrangements, which specifies how many security
personnel will be provided for each event, as well as their duties and assignments. She stated
emergency medical services need to be contracted, and three (3) emergency medical technicians need
to be on-site, based on the projected number of people to be in attendance at the event. Deputy
Carpenter stated a traffic control plan needs to be established; a landing zone for the Airlife helicopter
needs to be sectioned off in case there is a medical emergency; food and water must be available
throughout the duration of the event and a copy of the vending license must be provided; water must be
available for livestock, a veterinarian must be on-call or on-site; two (2) portable toilets must be
provided for women, and three (3) for men; a copy of the proof of insurance or bond must be submitted;
a list of events, and what they will consist of, must be submitted; and signs must be posted at the event
indicating no alcohol is permitted, since the applicants are not applying for a liquor license.
Roy Rudisill, Director, Office of Emergency Management, stated he spoke to Chief Beach and he
indicated he is concerned about the Arnolds making sure emergency medical services are available for
the dates they select for the event, and securing a contract for paramedic services. He stated as the
dates for the event become nearer, a meeting will be scheduled to coordinate an Incident Management
Plan with the first responders in the area. Chair Kirkmeyer suggested the matter be continued to either
October 3, or October 5, 2011, in order to consider the matter a couple weeks prior to the event
occurring on October 15 and 16, 2011.
Bruce Barker, County Attorney, stated there will be a notification process; therefore, he recommended
that the Arnolds withdraw this application and reapply for the newly proposed dates, at which time the
corresponding fees will be waived. In response to Chair Kirkmeyer, Ms. Arnold indicated she
understands the request being made by Mr. Barker, and she will withdraw and resubmit the application.
Mr. Rudisill stated the application indicates this will be an equestrian training event; however, upon
examining the maps, it seems the event may actually be horse racing. Ms. Arnold clarified the event
will include both training and racing. Mr. Rudisill requested that Ms. Arnold clarify what the events will
entail when she resubmits the application, since different personnel may be necessary depending on
what the events will be. Chair Kirkmeyer suggested a meeting be scheduled after the application is
resubmitted, in order to work out all the details before the Board considers the matter again.
Commissioner Rademacher moved to accept the withdrawal of said application. Commissioner
Conway seconded the motion, with the clarification that the fees will be waived when the application is
resubmitted. Chair Kirkmeyer clarified the Arnolds have paid the fee; therefore, they will not be
charged the fee again when the application is resubmitted, as opposed to waiving the application fee
altogether. There being no further discussion, the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER RETAIL LICENSE AND
AUTHORIZE CHAIR TO SIGN - RUTH L. HARDING ENTERPRISES, INC., DBA CROW VALLEY
CAFE: Deputy Carpenter stated Deputy Jeremy Frey inspected the facility and researched the incident
history for the establishment, and he found no grounds for disapproval of the application.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, August 10, 2011 2011-2198
Page 3 BC0016
CONSIDER APPLICATION FOR RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE,
WITH OPTIONAL PREMISES, AND AUTHORIZE CHAIR TO SIGN — THE EATON COUNTRY CLUB:
Deputy Carpenter stated Deputy Frey completed the inspection and researched the incident history for
the establishment and he discovered one reported call for service; however, it was not criminal in
nature, and he found no grounds for disapproval of the application. In response to Commissioner
Rademacher, Deputy Carpenter confirmed the optional premise refers to the beer/food cart on the golf
course. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 15 BETWEEN CR 80 AND STATE HIGHWAY 14: Janet
Carter, Department of Public Works, stated said closure will commence August 16, 2011, through
August 24, 2011, in order to replace two (2) 15-inch drainage culverts with two (2) 18-inch culverts.
She stated the entire detour route is paved; therefore, no dust abatement will be required.
Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER ADJOURNING BOARD OF EQUALIZATION FOR CALENDAR YEAR 2011:
Commissioner Garcia moved to adjourn the Board of Equalization for Calendar Year 2011.
Commissioner Conway seconded the motion. Commissioner Garcia stated the Assessor's Office did a
great job of resolving many of the property owners' concerns, and Commissioner Conway concurred.
Commissioner Conway stated there were approximately 5,000 protests in the beginning, and the
Assessor's Office was able to negotiate and resolve a majority of the cases, with just 15 being heard by
the Board, which is remarkable and a tribute to the Assessor's staff. There being no further discussion,
the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2011-7, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2011-7 by title only.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance
into the record by title, and he indicated this is the Ordinance where the wattage was increased to
1,500 for space heaters in County buildings. Chair Kirkmeyer provided the opportunity for public
testimony; however, none was given. Commissioner Garcia moved to approve Ordinance #2011-7 on
final reading. Seconded by Commissioner Long, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2011-8, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS,
OF THE WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2011-8 by
title only. Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Barker read the
Ordinance into the record by title, and he stated this is the Ordinance which indicates the Board will not
be issuing any local licenses for the sale, manufacture, distribution, or cultivation of marijuana. Chair
Kirkmeyer provided the opportunity for public testimony; however, none was given. Commissioner
Conway moved to approve Ordinance #2011-8 on final reading. Seconded by Commissioner Garcia,
the motion carried unanimously.
(Clerk's Note: Subsequent to the last item of business, the Commissioners, Mr. Barker, and Ms. Mika
shared their most memorable moments in the hearing room, since this was the last Board meeting to
be held at this location.)
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2011-7 and #2011-8 were approved on final reading.
Minutes, August 10, 2011 2011-2198
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: d G'ti<�%u c 'z ��{,r
Barbara Kirkmeyer, hair i
Weld County Clerk to the Board
Sean Conway,Pro-Tem
Deputy rk to the Bo �
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LArcia
' Jut David E. Long
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Minutes, August 10, 2011 2011-2198
Page 5 BC0016
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