HomeMy WebLinkAbout20110501.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 16, 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, February 16, 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— EXCUSED UNTIL 9:15 A.M.
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of February 14, 2011, as printed. Commissioner Garcia 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 Long moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - ELMER (DUANE) ROBBS:
Chair Pro-Tem Conway read the certificate into the record, recognizing Elmer (Duane) Robbs for 21
years of service with the Department of Public Works.
Pat Persichino, Director, Department of Public Works, presented Mr. Robbs with a pin in recognition of
his service.
Jay McDonald, Department of Public Works, indicated Mr. Robbs has been in the same industry for 50
years and he has been working in this industry for Weld County for more than 20 years; therefore, he
deserves recognition.
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Mr. Robbs stated he has enjoyed working for the County and he worked with good people, and he
thanked the Board for its kindness and support. Commissioner Rademacher indicated 50 years is an
impressive period of time to work in the same industry and he wished Mr. Robbs well. Commissioner
Garcia concurred with Commissioner Rademacher's comments, and thanked him for his service, on
behalf of Weld County's citizens. Commissioner Long concurred with Commissioners Garcia and
Rademacher. Chair Pro-Tem Conway thanked Mr. Robbs for his astonishing commitment, and he
stated Weld County is a better place to live because of the work Mr. Robbs has completed.
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - ROBERT MILLER AND
JOSEPH MURPHY: Chair Pro-Tem Conway read the certificates into the record, recognizing Robert
Miller and Joseph Murphy for their years of service on the Juvenile Community Review Board.
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL — JOHN GOAD: Chair Pro-Tem
Conway read the certificate into the record, recognizing John Goad for five (5) years of service on the
Extension Advisory Council.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway indicated he attended a
productive meeting regarding Pretrial Services and CJAC (Criminal Justice Advisory Committee) last
night, along with Commissioners Kirkmeyer and Long, Chief Judge James Hartmann, the Mayor of
Hudson, the Weld County Sheriff, and the Weld County District Attorney, where many issues were
resolved.
Commissioner Garcia stated the Small Business Development Center (SBDC) assisted 33 businesses
within the City of Greeley in the month of January, as well as five (5) businesses within the City of
Evans, and additional businesses in the Town of Windsor, the Tri-Town area, and the City of Fort
Lupton. He stated 61 percent of the businesses assisted were existing businesses and it is hoped jobs
will be retained by those businesses, and 39 percent were new businesses which intend to commence
operation. He stated there were a total of 93 businesses served in this region in the month of January,
many of which are located within Weld County. Chair Pro-Tem Conway stated this is excellent news
and hopefully the SBDC's momentum will continue. Commissioner Rademacher stated since Dick
Pickett has been spear-heading the SBDC, it has been very impressive. (Clerk's Note: Chair
Kirkmeyer is now in attendance; it is 9:15 a.m.)
BIDS:
PRESENT BID #B1100046, 2011 CATTLE GUARDS - DEPARTMENT OF PUBLIC WORKS: Monica
Mika, Director, Finance and Administration, stated said bid will be presented for approval March 2,
2011.
APPROVE BID #61000151, CNG FUELING STATIONS - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated there have been numerous work sessions about this bid, and Elizabeth Relford,
Department of Public Works, has worked hard on this bid and is in attendance. She recommended the
bid approval be continued for one (1) week. Commissioner Conway moved to continue the bid
approval to February 23, 2011, at 9:00 a.m., based on staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
APPROVE BID #B1100027, TREE TRIMMING AND REMOVAL - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated thanked Pat Persichino, Director, Department of Public Works, for his
diligent work on this bid. She stated the County has had a long-standing contractual relationship for
this service, and Mr. Persichino updated the County's information and bid this project out. She
recommended the bid be awarded to American Arborist Service, which is the current vendor providing
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this service to the County, and the price has not changed from last year. Ms. Mika recommended the
County approve a three (3) year contract. Commissioner Rademacher stated American Arborist
Service submitted the sole bid; however, it seems there are tree trimming services in nearly every town
and city. Mr. Persichino stated the service does not only consist of tree trimming; the vendor is
available on-call both day and night to remove trash from County roadways. He stated this is an
extremely difficult bid to write, and American Arborist Service is the only vendor which submitted a bid.
Commissioner Rademacher moved to approve the sole bid from American Arborist Service, based on
staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A
COMMISSIONER TO MAKE ON-SITE INSPECTION AND SETTING THE HEARING DATE
CONCERNING THE APPLICATION OF COLORADO CATTLE COMPANY, LLC, DBA COLORADO
CATTLE COMPANY, FOR A HOTEL AND RESTAURANT LIQUOR LICENSE: Bruce Barker, County
Attorney, indicated the Board needs to consider the three (3) items listed in the Resolution; establishing
the neighborhood to be served, designating a Commissioner to make the on-site inspection and setting
the hearing date to consider the application. Commissioner Rademacher moved to approve the
Resolution establishing the neighborhood to be served as all of Sections 6, 7, and 31, Township 11
North, Range 56 West and all of Sections 1, 2, 11, 12, 35, and 36, Township 11 North, Range 57 West
of the 6th P.M., Weld County, Colorado; designating Commissioner Long to make the on-site
inspection; and setting the hearing date concerning the application for March 21, 2011, at 9:00 a.m.
Commissioner Conway seconded the motion. Commissioner Garcia stated Commissioner Long is
listed as the Commissioner designated to make the on-site inspection in the Resolution; however,
Commissioner Conway has not had the opportunity to make an on-site inspection; therefore, perhaps
Commissioner Conway would like to complete the inspection. Commissioner Conway indicated he
would like to make the inspection; however, he is unsure as to whether he will be able to complete the
inspection within the necessary timeframe. Commissioner Garcia stated the facility is near
Commissioner Long's residence. Commissioner Long indicated he will complete the inspection and
Commissioner Conway is welcome to accompany him, as well as any of the other Commissioners. He
stated this establishment is just changing ownership, and he inquired as to why the entire process is
necessary. Mr. Barker clarified this is not a change of ownership; the license for the establishment
expired. There being no further discussion, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 56 AND AUTHORIZE CHAIR TO SIGN - EOG RESOURCES, INC.: Donald Carroll, Department of
Public Works, submitted several maps, marked Exhibit A, into the record. He indicated the portion of
County Road 56 being addressed is 1.61 miles in length, west of County Road 89 and located as
follows: 60 feet of right-of-way in Sections 20 and 17 and Sections 18 and 19, Township 5 North,
Range 61 West, and .59 miles west of the County Road 83 Section Line between Sections 23 and 26,
Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado. He indicated EOG
Resources, Inc., needs to utilize the rights-of-way in order to access a well-site. In response to
Commissioner Rademacher, Mr. Carroll clarified EOG Resources, Inc., will bring the rights-of-way up to
all-weather road standards. In response to Commissioner Long, Commissioner Rademacher stated he
was concerned the County would need to complete maintenance for a road which is not up to County
standards. Commissioner Long clarified the County will not complete maintenance of the road, even if
the road is brought up to County standards. In response to Chair Kirkmeyer, Mr. Carroll confirmed the
public can utilize the portions of rights-of-way included in the non-exclusive license agreement. He
stated the rights-of-way are located north of Riverside Reservoir, near U.S. Highway 34. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
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CONSIDER STANDARD FORM OF INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF
BONUS AMOUNTS FOR CERTAIN REPORTED OIL AND GAS EMPLOYEES RESIDING WITHIN
MUNICIPAL BOUNDARIES: Mr. Barker indicated he mailed copies of this agreement to various
municipalities approximately three (3) weeks ago and four (4) copies of the agreement have been
returned so far. He stated approving the standard form of the agreement will allow the Board to
consider the agreements as part of the Consent Agenda, as opposed to each agreement being listed
as a new item of business. He stated the only items which will vary in each of the agreements are the
names of the municipalities and the average number of oil and gas employees listed on the second
page of the agreement. In response to Chair Kirkmeyer, Mr. Barker indicated he will create a list of
which municipalities have submitted the agreement and he will provide it to the Board. Ms. Mika stated
this form of agreement was discussed before the Board learned about all the upcoming State funding
cuts, and she wants to make it clear that if there are no monies available, there will be no obligation to
repay William Jerke for completing this service. Mr. Barker indicated Ms. Mika's concern is addressed
in the third paragraph of the agreement which specifies the terms of the agreement with Mr. Jerke.
Chair Kirkmeyer stated the agreement specifies "Colorado Severance Tax Direct Distribution" and
"Federal Mineral Lease Distribution"; therefore, if there is no distribution, there will not be any funding to
be distributed per employee. She stated the agreement also specifies Mr. Jerke will be paid upon the
receipt of the State and Federal funds; therefore, if the funds are not received, Mr. Jerke will not be paid
those monies. Commissioner Garcia moved to approve said standard form of the Intergovernmental
Agreement for Payment of Bonus Amounts for Certain Reported Oil and Gas Employees Residing
within Municipal Boundaries. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPOINTMENT OF CHRISTIE PETERS AS DEPUTY CLERK TO THE BOARD: In
response to Chair Kirkmeyer, Esther Gesick, Deputy Clerk to the Board and Office Manager for the
Clerk to the Board's Office, stated that out of 82 applications, she determined Christie Peters is the best
applicant for the open Deputy Clerk position, which will be replacing Jennifer VanEgdom's position.
She stated Ms. Peters' main areas of emphasis will include processing liquor license applications and
land use matters.
Ms. Peters stated she grew up in the Town of Johnstown and she previously worked for Johnstown.
She stated she currently resides in the City of Greeley, and she most recently worked in real estate.
Commissioner Rademacher moved to appoint Christie Peters as a Deputy Clerk to the Board.
Commissioner Conway seconded the motion and he welcomed Ms. Peters to the team. There being
no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF PLANNED UNIT DEVELOPMENT
FINAL PLAT, PF #1114 - PYRENEES PROPERTIES, LLC: Michelle Martin, Department of Planning
Services, stated staff received a letter from Christine Wenrick, property owner and developer of Hollis
Crossing PUD (Planned Unit Development), requesting a three (3) year extension of the deadline for
submittal of the Final Plat. She stated the property is located near the Town of Severance, and the
Final Plat for Hollis Crossing PUD was approved by the Board on March 28, 2007, for eight (8) lots with
E (Estate) Zone uses, one (1) lot with A (Agricultural) Zone uses, and two (2) non-buildable outlots.
She stated on December 8, 2008, the Board granted a one (1) year extension for the Final Plat to be
recorded, and in a letter dated November 22, 2009, Ms. Wenrick requested an additional three (3) year
extension. Ms. Martin stated the Board granted a two (2) year extension of the deadline to submit the
Final Plat to March 28, 2011, and on February 10, 2011, staff received another letter from Ms. Wenrick
requesting a three (3) year extension. She stated this is Ms. Wenrick's third request for an extension,
and staff supports the request, due to the current economic climate. In response to Commissioner
Rademacher, Ms. Martin clarified staff supports the request for a three (3) year extension, and
previously the applicant requested a three (3) year extension, when the Board decided to grant a
two (2) year extension. Chair Kirkmeyer inquired as to why Ms. Wenrick is requesting three (3) years
Minutes, February 16, 2011 2011-0501
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after a two (2) year extension and an additional one (1) year extension were granted. Ms. Martin
indicated she is not familiar with the specific circumstances, since she is just presenting the case on
behalf of Kim Ogle, the Planner who has been working with Ms. Wenrick; however, the letter
Ms. Wenrick submitted indicates she does not have the financial resources to complete the submittal of
the Final Plat at this time. In response to Chair Kirkmeyer, Ms. Martin confirmed this is basically the
same reason as to why the previous extensions were granted. Chair Kirkmeyer inquired as to whether
there is any reason to believe Ms. Wenrick will have the financial resources to complete the Final Plat
in three (3) years, and as to what the outstanding Conditions of Approval are which Ms. Wenrick has
been unable to complete. Ms. Martin stated she is unaware of which Conditions of Approval are
outstanding; however, she is aware of one (1) of the requirements of the Final Plat is an improvements
agreement, which may be part of the cause for delay. In response to Chair Kirkmeyer, Ms. Martin
stated Mr. Ogle is in town today; he was just unable to attend the hearing. Chair Kirkmeyer indicated
she would like to know more about the situation before making a determination. Commissioner
Conway moved to continue the matter to February 28, 2011, at 9:00 a.m., in order to allow adequate
time for more details to be provided to the Board. Commissioner Garcia 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 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COL
ATTEST: /' •��%l7G��
Bar ra Kirkmeyer, Chair
Weld County Clerk to t B•= wt►r'•
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�J 7� :; OP �` Sean P. C Pro-Tem
BY: l_/ 1, � _
Deputy Clerk to the
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Wil Garc'
APPROVED AS TO FORM: a.11
David E. LL -"-.)
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Aug s Rademach r
Minutes, February 16, 2011 2011-0501
Page 5 BC0016
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