HomeMy WebLinkAbout20110929.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 11, 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, April 11, 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, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of April 6, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 10 - 16, 2011: Chair Kirkmeyer read the
certificate proclaiming the week of April 10 - 16, 2011, as National Crime Victims' Rights Week. Ken
Buck, District Attorney, recognized the six victims groups in attendance for the record: A Kid's Place,
Catholic Charities, A Women's Place, Collections, District Attorney's Office Victim Witness Unit, and
Weld County Victims Services. He reported the Victims Day event held at Aims Community College
last Friday was a great success and a nice tribute to all of the hard work done by Weld County and
supporting agencies. Mr. Buck thanked the Board for its support of the District Attorney's Office and
the various budgets which serve the victim units. Chair Kirkmeyer requested those representing the six
groups to stand for recognition. Commissioner Conway thanked the District Attorney for his leadership
and all of the individuals in attendance for their efforts in a very difficult field. He stated they are helping
people during the worst time of their lives, and bringing hope to thousands of Weld County residents as
they work through the criminal justice system. Commissioner Rademacher indicated he agreed with
Commissioner Conway's comments. Commissioner Garcia recognized Mr. Buck and the law
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enforcement community for their success with solving cold cases and providing citizens, victims, and
criminals with the knowledge that justice can and will prevail. Commissioner Long stated he worked
with mentally traumatized victims in his past profession, and noted that the children and families of
victims are also impacted. He stated this work is very important and helps victims find other avenues of
support as they restart their lives.
PRESENTATIONS:
GOVERNMENT FINANCE OFFICERS ASSOCIATION, CERTIFICATE OF ACHIEVEMENT FOR
EXCELLENCE IN FINANCIAL REPORTING - BARBARA CONNOLLY: Chair Kirkmeyer presented
Barbara Connolly, Controller, with a plaque recognizing her and the Accounting staff for their
achievement in financial reporting. Ms. Connolly introduced her staff and stated this is a collective
effort which also involves all of the Weld County departments. She stated the departments' willing
cooperation assists the accounting staff in presenting a good financial report to the Board and the
community. Commissioner Rademacher congratulated Ms. Connolly and her staff and encouraged
them to continue in their efforts to keep Weld County fiscally healthy. In response to Commissioner
Garcia, Ms. Connolly stated Weld County has received this award since the 1980's. Commissioners
Long and Conway commended Ms. Connolly and her staff and expressed their pride in a debt-free
county, which would not be possible without quality, professional staff. Chair Kirkmeyer also thanked
all of the staff for answering the Board's questions on the warrants and for providing professional
assistance throughout the review of the procurement process, air cards, E911, etcetera.
BIDS:
PRESENT BID #61100056, INMATE VIDEO VISITATION SYSTEM - SHERIFF'S OFFICE/JAIL:
Monica Mika, Director, Department of Finance and Administration, presented the four vendors who
submitted a bid. Said bid will be considered for approval on April 25, 2011. She explained this is a
very complex system, with 24 different video stations, and she recommended scheduling a work
session to answer any questions. She also noted there is one local vendor located in Brighton,
Colorado, and the remaining bidders are from around the nation. In response to Commissioner
Conway, Ms. Mika stated the current vendor is on the list, and the amounts have not been provided due
to the complexity of the bid, which is still under review.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MAY 15, 2011 - FRANK'S RIDE FOR CHILDREN: Bruce Barker, County Attorney, stated he reviewed
the application and found it to be complete. Greg Risedorph, event manager, stated this is the 25th
Anniversary for Frank's Ride for Children to raise money for children, He stated they will be continuing
with the Make A Wish Foundation, and since 1995, the events have raise $455,000.00, granted over
100 wishes to children, and they are hoping to surpass the half million dollar goal this year.
Mr. Risedorph stated they will have approximately ten Wish Kids on the ride this year, and he invited
the Board to attend the event. Commissioner Conway stated he has attended the event in the past and
he thanked Frank's Ride for all they have done to impact hundreds of families. Commissioner
Rademacher moved to approve said application. Commissioner Garcia seconded the motion, which
carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MAKE-A-WISH FOUNDATION OF COLORADO, INC./FRANK'S RIDE FOR CHILDREN: Mr. Barker
stated this application is associated with the previously discussed Temporary Assembly and authorizes
the presence and sale of alcohol at the event. He stated the applicant has provided photographic
evidence of the sign posting, which has been included in the file. Commissioner Conway moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
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CONSIDER INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO
COUNTY ROAD 7 AND ZINNIA AVENUE AND AUTHORIZE CHAIR TO SIGN - TOWN OF
FIRESTONE: Wayne Howard, Department of Public Works, stated this item was reviewed with the
Board during a work session held on April 4, 2011. He stated the terms of the agreement allow for
paving improvements to a section of County Road 5.5, also known as Zinnia Avenue, and County
Road 7, which forms an "L" shaped road, to connect two existing paved sections. He stated the Weld
County portion (County Road 7) is estimated to cost $287,862.00, and the Town of Firestone will be
responsible for the Zinnia portion, in the amount of $376,486.00. Mr. Howard explained Firestone will
administer the project and Weld County will provide backup support. He stated the bids will be opened
at the end of the month, and the goal is to complete the project during summer break, before school
starts in August, 2011. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
(Clerk's Note: Following the motion, Chair Kirkmeyer questioned the amount reflected in paragraph #5
of the IGA, and during a telephone conversation with Mr. Howard on April 25, 2001, he indicated the
amount is a combination of Weld County's portion and the estimated construction and testing costs,
thus the Agreement was not in need of amendment)
CONSIDER CONTRACT AMENDMENT FOR COMPRESSED NATURAL GAS FUELING STATION
EQUIPMENT WITHIN NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION AND
AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works, stated the initial bid for
this project was rejected in February, 2011, and staff subsequently worked with the Colorado
Department of Transportation (CDOT) to break the project into three separate stations with
corresponding contracts. She stated this particular contract amendment is for the North Front Range
station, and the County will serve as a pass-through and administer the funds, in the amount of
$516,000.00. In response to Commissioner Conway, Ms. Relford explained she requested the quick
implementation funds (fiscal year 2010) for the North Front Range project because they have the most
restrictions on implementing the funds. She further stated the remaining two contracts will be through
the Upper Front Range, which will allow for more flexibility. Commissioner Conway moved to approve
said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Long,
and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 18 AND 20: Janet Carter,
Department of Public Works, requested approval of a temporary closure on County Road 31, between
County Roads 18 and 20, commencing April 18, through April 26, 2011, to replace a 15-inch culvert
with an 18-inch culvert. She stated magnesium chloride will be applied for dust control on the gravel
portion of the detour route. She further stated the average daily traffic count for County Road 31, taken
in 2010, was approximately 316 vehicles, and they will place standard signs and barricades for traffic
control. Commissioner Rademacher moved to approve said temporary closure. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 84 BETWEEN CRS 43 AND 45, AND CR 45 BETWEEN
CRS 84 AND 86: Ms. Carter requested approval of a temporary closure on County Road 84, between
County Roads 43 and 45, and County Road 45 between County Roads 84 and 86, commencing
April 15, through April 22, 2011, to replace a 15-inch culvert with an 18-inch culvert. She stated the
average daily traffic count for County Road 84, taken in 2008, was approximately 39 vehicles, and they
will place standard road signs and barricades for traffic control during the closure. Commissioner
Conway moved to approve said temporary closure. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
CONSIDER RESOLUTION RE: EXPRESSION OF OPPOSITION TO H.R. 1084: Mr. Barker stated
House of Representatives Bill H.R. 1084 deals with stricter regulations on hydraulic fracturing (fracking)
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throughout the country. Chair Kirkmeyer open the matter for public testimony. Bill Downey requested
passage of this Resolution in an attempt to urge the Environmental Protection Agency (EPA) to delay
establishing any more fracking regulations until they complete their own study. He stated he feels the
EPA is overstepping the bounds of its authority on what it can regulate without prior instruction from
Congress. He further stated prior studies indicate no connection between fracking and impacts on
groundwater, yet they want to initiate additional regulations. Mr. Downey stated passage of the
proposed Resolution will help the energy industry in Colorado and he asserted Weld County's
leadership on this issue matters to other local and county governments to help send a strong message.
Commissioner Conway thanked Mr. Downey for bringing this to the Board's attention. There being no
further comments, Chair Kirkmeyer closed public testimony. Chair Kirkmeyer stated she supports the
Resolution, and noted she testified in front of the EPA last year to explain there has not been one case
of contaminated water in Weld County or the State of Colorado. She stated there is no need for
additional EPA regulations, as the industry is overseen by the Colorado Oil and Gas Conservation
Commission (COGCC). She further stated, in 2009, the oil and gas industry accounted for almost half
of Weld County's assessed value, and brought in close to $50 million in property tax revenue and
approximately 4,000 jobs, as reported by the Department of Local Affairs and the COGCC. She
reiterated there are adequate regulations in place which protect and respect other industries such as
agriculture. She also expressed disappointment in her Congressional District 2 representative signing
the Bill. Commissioner Conway agreed with Chair's Kirkmeyer's comments. He also expressed
disappointment with two Congressional District representatives (Districts 1 and 2) who have signed on
this House Bill, although he was pleased that his representative from District 3 is taking a position of
opposition to this Bill. Chair Garcia agreed with the previous statements and thanked Mr. Downey for
bringing this matter to the Board for consideration. He also stated it is important to note that the EPA
has not been a friend of the Oil and Gas industry despite previous studies which have found no danger
from fracking. Commissioner Long agreed with the previous statements and expressed concern with
the EPA misleading a new generation when there is not one documented instance of groundwater
contamination from fracking, it has a positive influence on the economy, and it does not harm the
environment. Commissioner Rademacher agreed with all of the previous comments and moved to
approve said Resolution. Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO BUILDING TRADES ADVISORY
COMMITTEE: Commissioner Garcia moved to appoint Thomas Ladd and Richard Spitler, and to
reappoint Robert Coon to the Building Trades Advisory Committee, all with terms to expire April 10,
2014. The motion, which was seconded by Commissioner Conway, carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER ZPMH #2608 - JOHN AND BETTY MERRITT (COMMISSIONER LONG TO MAKE
TIE-BREAKING DETERMINATION REGARDING THE MATTER INITIALLY HEARD ON 3/28/11):
Chair Kirkmeyer stated this is not a public hearing; rather, it is Commissioner Long's opportunity to
render his determining vote on the matter previously discussed on March 28, 2011. Commissioner
Long stated he listened to the audio record, read the comments submitted by neighbors, and listened to
the statements made by the Commissioners. He stated during his years as Commissioner, he has
never seen this type of situation impair surrounding property values, especially when the area is zoned
agricultural. He stated the property is not located within a residential subdivision, he endorses private
property rights, and he believes it would be improper to deny the request in this situation, therefore, he
voted in support of the motion to grant Mobile Home Permit ZPMH #2608, issued to John and Betty
Merritt. Chair Kirkmeyer clarified the motion carries and the application is approved.
PLANNING
FINAL READING OF CODE ORDINANCE #2011-2, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE AND CHAPTER 20
ROAD IMPACT FEES, OF THE WELD COUNTY CODE: Commissioner Rademacher moved to read
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Code Ordinance #2011-2 by title only. Commissioner Conway seconded the motion, which carried
unanimously. Mr. Barker read said title for the record. Ms. Relford thanked her co-workers for their
help and assistance in preparing this Ordinance and she requested approval. No public testimony was
offered concerning this matter. In response to Commissioner Conway, Ms. Relford stated she has not
received any comments since second reading. Commissioner Garcia moved to approve Code
Ordinance #2011-2 on final reading. Commissioner Rademacher seconded the motion, which carried
unanimously.
FINAL READING OF CODE ORDINANCE #2011-3, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, AND
CHAPTER 26 RUA, OF THE WELD COUNTY CODE: Commissioner Garcia moved to read Code
Ordinance #2011-3 by title only. Commissioner Conway seconded the motion, which carried
unanimously. Mr. Barker read said title for the record. Tom Parko, Department of Planning Services,
stated the only change since second reading is the addition of the discussed changes for the Minor
Amendment process. No public testimony was offered concerning this matter. Commissioner
Rademacher moved to approve Code Ordinance #2011-3 on final reading, as amended.
Commissioner Conway seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2011-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD
COUNTY CODE: Commissioner Garcia moved to read Code Ordinance #2011-4 by title only.
Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Barker read said
title for the record. Tom Parko, Department of Planning Services, stated no changes have been made
since second reading. No public testimony was offered concerning this matter. Commissioner Conway
moved to approve Code Ordinance #2011-4 on final reading. Seconded by Commissioner
Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances#2011-2, #2011-3, and #2011-4 were approved on final reading.
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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, April 11, 2011 2011-0929
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