HomeMy WebLinkAbout20111064.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 27, 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 27, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 25, 2011, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following item to the
Consent Agenda, under Miscellaneous: 3) Intent to Accept Funds Form for Juvenile Accountability
Block Grant (JABG) — Colorado Division of Criminal Justice [2011-1065]. Seconded by Commissioner
Conway, the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, inquired as to whether the Board's coordination
meetings are posted online or published in the Greeley Tribune, since Commissioner Rademacher
indicated all meetings that include the full Board will be published and are open to the public.
Commissioner Rademacher stated the information is typically posted online. Chair Kirkmeyer clarified
the agendas are posted on the bulletin board outside of the Commissioners' Office. Mr. Meyer stated
he was confused because he thought Commissioner Rademacher meant the information would be
posted online, as opposed to the bulletin board, and he thought the information would be published in a
widely read newspaper.
In response to Commissioner Rademacher, Monica Mika, Director of Finance and Administration,
clarified some of the Board's meetings are also available on the website. She indicated the Board's
schedule is posted on the bulletin board once a week. In response to Mr. Meyer, Chair Kirkmeyer
clarified the Board is not required to publish its meetings, such as its work sessions; however, the
meetings are posted on the bulletin board outside the office. Mr. Meyer indicated posting the
information on the bulletin board is not as convenient for the public as publishing the meetings or
posting the meetings online. Commissioner Long stated when the County is obligated to publish
Minutes, April 27, 2011 2011-1064
Page 1 BC0016
information in a newspaper, the criterion is not which newspaper is most widely read; the Board selects
the most cost-effective newspaper which has adequate distribution. He stated the County has used the
Greeley Tribune in the past; however, it became overpriced, and he cannot recall which newspaper the
County is currently using.
Bruce Barker, County Attorney, indicated the newspaper the County is currently using is the Fort
Lupton Press.
Mr. Meyer stated the Home Rule Charter indicates, "The County shall have the powers of eminent
domain to the fullest extent authorized by State law." He stated the Comprehensive Plan previously
indicated, "Compensation for the acquisition of privately owned land for public open space will be
required." He stated he cannot find this language in the current Comprehensive Plan, although it does
include language about the seller being a willing participant. He requested that the Board consider
adding the language back into the Comprehensive Plan, and he read part of a related article into the
record. In response to Commissioner Conway, Mr. Meyer confirmed the language regarding a willing
seller does not fully address his concern for the protection of private property rights. He stated the City
of Greeley and the Town of Milliken are practicing Smart Growth, and the City and Town will allow
development; however, they require the donation of open space in order to develop, which is a way of
taking property without paying for it. He stated the fifth amendment to the Constitution indicates land
taken for public use should be paid for with just compensation.
Mr. Meyer submitted an article into the record, marked Exhibit A, regarding the Arapahoe snowfly. He
stated he has spoken to the Board about this before, and the U.S. Fish and Wildlife Service will be
considering the matter. He indicated the Board should elect to coordinate with the U.S. Fish and
Wildlife Service on this matter from the beginning, as opposed to having to pursue an appeals process
at a later time. He indicated the environmental group which is pursuing the protection of the Arapahoe
snowily is opposed to the Northern Integrated Supply Project (NISP), and this would deplete the water
supply available to farmers.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Long stated last Wednesday evening a
hearing was held at the post office in the Town of New Raymer, in response to a study regarding
undesignating post offices, in accordance with Federal guidelines. He stated 150 people attended the
hearing in protest to the aim of the study, which is an assault on rural America. He stated there is not a
full-time postmaster assigned to the post office in the Town of New Raymer and there is a moratorium
on hiring new postmasters at this time. Commissioner Long stated the Town of New Raymer had
three (3) postmasters and each one was promoted or elected to transfer to post offices in other towns,
and the following week after the last postmaster was promoted, the moratorium was established. He
stated the people in attendance indicated they were displeased with the lack of common sense being
applied to this matter. He stated the Town of Stoneham is smaller and it has a post office and a
postmaster, and the postmaster cannot be promoted to the Town of New Raymer's post office, based
on the moratorium in place. Commissioner Long stated the post office indicated the moratorium is a
law, which it is not; therefore, the situation was being misrepresented. Commissioner Long stated the
post office in the Town of Stoneham does not have restrooms and it is not compliant with the
Occupational Safety and Health Administration (OSHA) regulation, and the criteria for the post offices
being considered for closure should consider these factors and common sense should be used when
applying these measures. He stated the U.S. Postal Service representative indicated there is a policy
of not laying off any employees nationally, and off the record, the representative shared the U.S. Postal
Service has a practice of not hiring anyone unless the funding for the retirement and health benefits are
already in place for the new employee. He stated the postal rates are high because the U.S. Postal
Minutes, April 27, 2011 2011-1064
Page 2 BC0016
Service pre-funds its employees' health and retirement benefits, and this is why the U.S. Postal Service
is reluctant to lay off any of its employees; it is a union issue. Commissioner Long stated Maria Secrest
from Congressman Cory Gardner's office attended the hearing; therefore, he hopes the message got
back to Washington, D.C., about how this situation is affecting rural post offices nationally. He stated
small post offices cannot be closed because the offices are not generating enough revenue; the post
offices serve other purposes, such as binding America and its communities. He stated he wrote a letter
the Board will be signing, which indicates the closure of the New Raymer post office would be
inopportune, due to the oil and gas activity surrounding the Niobrara Formation. Commissioner Long
stated he recently asked the part-time employee at the New Raymer post office about the oil and gas
activity over the last several months, and she indicated there have been three (3) or four (4) new oil and
gas companies which have rented large post office boxes within the last month; therefore, the first
reason he discussed in his letter for keeping the post office open is economic viability. He thanked the
Board for recognizing the value of rural America, which he indicated is being assaulted in various ways,
such as the U.S. Forest Service making it more burdensome for cattle ranchers to operate in the
industry, and people are being told that water wells have been vacated which never were.
Commissioner Long indicated the Board knows the value of rural America, its family values, and its
work ethic. He stated if the post office closes, it will be designated as a satellite facility for another post
office, most likely either the post offices for the Cities of Fort Morgan or Sterling, and that post office will
design the services which will be available and the contracts with vendors. He indicated the post office
representative tried to paint a bright picture about how the situation would be; however, he knows the
service would be diminished and subject to that particular post office's budget. Commissioner Long
stated northern Weld County is a growing factor in the landscape, and its presence needs to be
communicated to the U.S. Postal Service and other entities. He stated the value of rural Weld County
needs to be established. Commissioner Garcia inquired as to whether the fact that the Town of New
Raymer is an incorporated municipality was a factor in the U.S. Postal Service's decision.
Commissioner Long stated the only factor being considered is there is not currently a full-time
postmaster at the New Raymer post office, and there are two (2) other post offices in the State of
Colorado which currently do not have full-time postmasters. In response to Commissioner Conway,
Commissioner Long stated just .7 percent of the overall U.S. Postal Service budget would be reduced if
all the rural post offices in America were closed. Commissioner Conway indicated the excess spending
in the U.S. Postal Service budget is completely being ignored, at the expense of rural communities,
where the post offices provide a valuable presence and service.
Commissioner Conway stated the Board will be meeting with the Larimer County Commissioners today,
to complete the Economic Development Assessment requested by the Governor. He indicated
seven (7) highly successful meetings were held, which the Department of Planning Services assisted
with organizing, and the results of those meetings are posted on the County's website. He indicated
Weld and Larimer Counties will compile information to create a regional matrix, which will be presented
to the State in a meeting on May 4, 2011, at 10:00 a.m., in the Weld County Commissioners' Hearing
Room, and the public is welcome to attend.
Commissioner Conway stated tomorrow the annual Upstate Colorado Economic Development meeting
will be held in the Town of Windsor, and Weld County will be the recipient of an award at the meeting,
for the business-friendly environment it has created and its economic development over the last two (2)
decades.
Commissioner Conway stated that last night he received an e-mail from Chuck Berry, the Executive
Director of the Colorado Association of Commerce and Industry, indicating the organization is going to
endorse the Northern Integrated Supply Project (NISP). He encouraged the public to attend a meeting
at The Ranch on May 19, 2011, from 12:00 p.m., to 1:30 p.m., regarding NISP. He stated
Congressman Gardner will be in attendance, along with numerous other elected officials and
Minutes, April 27, 2011 2011-1064
Page 3 BC0016
representatives from the Chamber of Commerce, which will speak on the value of NISP and why it is
vital to the economic activity in northern Colorado.
Commissioner Garcia stated he attended a Pretrial Services Committee meeting last week, and the
public safety rating is at 92 percent for the population they are serving. He stated the court attendance
rate is 97 percent for the served population, and the fee collection is at 90 percent, when it was only
expected to be at 50 percent. He stated the fee was approved for individuals who opt for pretrial
services, as opposed to following a bond process, and there is a possibility $25,000.00 will be raised
this year from the fee.
NEW BUSINESS:
CONSIDER EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human
Services, stated these expenditure authorizations were reviewed as pass around documents, along
with a memorandum dated April 6, 2011. She stated the expenditure authorizations are being
submitted under the Workforce Investment Act (WIA), for the Program Year 2008 American Recovery
and Reinvestment Act (ARRA) funds. She stated the Department of Human Services expended all the
ARRA funds it was allocated, and these funds are new amounts, which are being reallocated by the
State Department of Labor from resources which were not expended throughout the State. Ms. Griego
stated the WIA Adults funds are in the amount of $7,128.00, and it is being recommended the funds be
utilized for occupational skills training, work experience activities, and on-the-job training placements.
She stated the WIA Dislocated Worker funds are in the amount of $28,512.00, and these funds will also
be used for those types of direct services, and both expenditure authorizations have terms commencing
April 1, 2011, and ending June 30, 2011. In response to Commissioner Conway, Ms. Griego stated she
does not recall whether the unused ARRA funding from the other Counties was awarded on a
competitive basis, yet it seems the funds were allocated according to the same formula; however, she
will need to research the matter to confirm it. Further responding to Commissioner Conway, Ms. Griego
stated the State notified them that the County monies were available, and the Department wanted the
additional funding to allow it to utilize its previous allocation for a longer period of time. Commissioner
Rademacher moved to approve said expenditure authorizations and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner
Rademacher moved to appoint John Cordova to the Juvenile Community Review Board, with a term to
expire November 1, 2013. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER LIST OF PERSONS FOR WELD COUNTY GRIEVANCE BOARD: Mr. Barker stated the
Weld County Grievance Board is utilized when an employee has a grievance which requires a hearing,
and the Board of County Commissioners selects one (1) attorney to Chair the Weld County Grievance
Board. He stated the list of persons provided to the Board includes Cyndy Giauque, Jackie Johnson,
Patrick Groom, and Thomas Grant, all of which are agreeable to serving on the Board, and he
recommends approval of the Resolution. Commissioner Garcia indicated he is in favor of the
Resolution, with the clarification that Ms. Giauque will not be selected for any cases which come before
the Grievance Board which involve people who were employees while she served as an Assistant
County Attorney. In response to Chair Kirkmeyer, Commissioner Garcia clarified he would not like
Ms Giauque to be selected in the instances where she had a connection to a particular case from when
she served as an Assistant County Attorney. Mr. Barker concurred with Commissioner Garcia's
clarification, and he indicated this should not be an issue after approximately six (6) months, when it will
become unlikely Ms. Giauque will have had much involvement with the current cases prior to her date
of retirement. Commissioner Conway thanked Mr. Barker for updating this list, since it has been some
time since it was last updated, and he stated all four (4) attorneys are outstanding. Mr. Barker indicated
Patti Russell, Director, Department of Human Resources, brought the matter to his attention for
Minutes, April 27, 2011 2011-1064
Page 4 BC0016
updating. Commissioner Conway moved to approve the list of persons presented for the Weld County
Grievance 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 9:32 a.m.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
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Minutes, April 27, 2011 2011-1064
Page 5 BC0016
Elizabeth Strong
From: Bruce Barker
Sent: Wednesday, May 25, 2011 9: 12 AM
To: CTB; Commissioners
Cc: Monica Mika
Subject: FW: Doug Meyer's Request Re: Comp Plan
This is the language I forwarded on April 27th
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
W El fjOUNTY
u
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From : Bruce Barker
Sent: Wednesday, April 27, 2011 10:39 AM
To: Commissioners
Subject: Doug Meyer's Request Re: Comp Plan
Regarding what Doug presenting this morning, this is currently what is in the Comp Plan regarding the concept of
"willing buyer-willing seller:"
Sec. 22-5-50. Open space, parks and recreation Goals and Policies.
A. O.Goal 1. Encourage provision of open space in order to enhance the quality of life and enjoyment of the
environment, while protecting private property rights.
2. O. Policy 1.2. Encourage and promote provision of open space utilizing a willing buyer/willing seller approach
to any acquisition. If parties fail to reach a mutually agreed-upon compensation, the County supports landowners' rights
to pursue other land uses through the appropriate land use application process.
B. O.Goal 2 . Encourage jurisdictions within the County to pursue only willing seller/willing buyer land acquisitions
outside their territorial boundaries for the purpose of parks, recreation, open space, trail corridors, conservation,
preservation of views or scenic vistas or for other similar purposes. The County does not support the use of
condemnation proceedings or government sanctions, such as withholding building permits, to acquire such lands for
these purposes.
1
Sec. 22-3-60. Transportation Goals and Policies.
F. T.Goal 6. Encourage the continued use of rail corridors for future rail-related transportation uses.
2. T. Policy 6.2. Explore the acquisition, by willing buyer-willing seller agreement, of abandoned railroad rights-of-
way to serve as alternative means of transportation.
The protections Doug seeks are set forth in the Colorado Constitution and CRS, Title 38. In addition, the U .S. Supreme
Court's Kelo case provides protection on the issue of government need (must be stated and real). Remember how
during our conversations regarding our road acquisition process we discussed that one statutory requirement of any
condemnation case is that the government has made adequate offers in an attempt to reach a "willing buyer-willing
seller" prior to filing the case. So, additional language proposed by Doug would not offer any additional protections to
citizens over what they already have.
Bruce T. Barker, Esq .
Weld County Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
I $ 4I - 2011
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W El -1-C'd NTY
U
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
Environmentalists seek protection for insect
Water and Sewer Northern Colorado Water watering, insecticide
Groups working to save Arapahoe Department, said he had Conservancy District, application close to water
not heard of the fling. which is administering bodies connected to
snowily found in Poudre tributaries We try to support the the building of the pro- Elkhorn Creek, sedimen-
environment, because we posed Northern tation and runoff from
live in it. But I have not Integrated Supply Project roads and trails,and effiu-
syatJackson''' aquatic insect found on heard of this and don't that includes reservoirs ent from residential and
kacksm@m 1eya'rbuae cons Young Gulch and Elkhorn know at this time if it will off the Poudre River and destination resort septic
Creek, which feed the have any effect on the northeast of Greeley, said systems.
FORT COLLINS — A Poudre. The Xerces expansion of the Milton the survey would have no "Our organization's
coalition of environmen- Society for Invertebrate Seaman Reservoir," effect on those projects mission is to protect and
tal groups has filed a peti- Conservation said a sur- Monson said. The city- because the insects are restore the Poudre River,
tion seeking protection vey it conducted found owned reservoir is north upstream from the Glade and that extends to the
for an insect found on two that the insect is critically of the Poudre River in the Reservoir site. species and ecosystem in
small tributaries of the imperiled and likely on canyon northwest of Fort The Xerces Society and around it.We have a
Poudre River. the brink of extinction. Collins and the city has claimed the species — moral, environmental,
The petition,filed with the_Pondre of Fort long-range plans to sometimes called winter and economic obligation
the U.S.Fish and Wildlife C ' s .supported the enlarge that facility,which stoneflies—is threatened to protect the Arapahoe
Service,.seeks protection petition, as did the provides drinking water by habitat damage from snowily," said Gary
under the Endangered WildEarth Guardians. for Greeley. intensive recreation, live- Wockner, spokesman for
Species Act for the Jon Monson, director Brian Werner, stock grazing, timbering Save the Poudre, in a
Arapahoe snowily, an of the city of Greeley spokesman for the projects, stream de- press release.
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