HomeMy WebLinkAbout20111391.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 25, 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 25, 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
Commissioner Sean P. Conway, Pro-Tem — EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long, Acting Chair Pro-Tem
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 Garcia moved to approve the minutes of the Board of County
Commissioners meeting of May 23, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following New Item of
Business to the Agenda: 5) Consider Temporary Closure of CR 7 between CRs 26 and 28
[2011-1392]; and the following Item to Planning Business: 1) Consider Corrected Resolution re:
Granting Change Of Zone, PZ #1158, from A (Agricultural) Zone District to PUD (Planned Unit
Development) Zone District, with C-3 (Business Commercial) and 1-3 (Industrial) Uses, for Nine (9)
Parcels of 35 Acres In Size or Greater, Open Space, and Continuing Oil and Gas Production — Rawah
Resources, LLC, do Niobrara Energy Park, LLC [2011-0652]. Seconded by Commissioner Garcia, the
motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he spoke to the Board approximately a
month ago about eminent domain in the Weld County Charter and he requested at that time that an old
section of the Weld County Comprehensive Plan be reinstated. He inquired as to whether any
discussion or action has been taken regarding his request.
Bruce Barker, County Attorney, indicated he sent the Board an e-mail outlining the current language
regarding eminent domain in the Weld County Code on the day Mr. Meyer inquired about the matter,
which was April 27, 2011. He stated he has determined the existing language to be sufficient in
Chapter 22 of the Weld County Code, and if the County chooses to exercise eminent domain for any
situation allowed by statute, it has an obligation to make certain it pays market value for the property
and that it makes its determination on the record that the property is needed for public use, in order to
be consistent with the Kelo case, which is the U.S. Supreme Court case regarding takings.
Minutes, May 25, 2011 2011-1391
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Mr. Meyer read a list of groups into the record that he claims support his opinion about the article he
submitted at the last Board meeting. Acting Chair Pro-Tem Long clarified the remark he made at the
last meeting about people discussing carbon dioxide was not about the groups of people Mr. Meyer
identified today.
Commissioner Rademacher indicated the first time he was approached about coordination,
approximately two (2) years ago, it was by someone from Morgan County, and he inquired as to
whether Morgan County has passed a Coordination Resolution. Mr. Meyer stated Morgan County
passed a Coordination Resolution which is very similar to the Resolution he proposed to the Board;
however, it has not completed any other steps to invoke coordination. He stated there are eight (8)
counties in the State of Colorado which now have Coordination Resolutions, including Weld,
Washington, Morgan, Lincoln, Prowers, and Montezuma.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MEMORIAL DAY - MAY 30, 2011: Acting Chair Pro-Tem Long read the certificate into the record,
proclaiming May 30, 2011, as Memorial Day, and he stated that Commissioner Garcia will be
presenting the proclamation at Linn Grove Cemetery. Commissioner Garcia stated Sunset Memorial
Gardens Cemetery will also be recognizing Memorial Day on the Sunday night before Memorial Day;
however, none of the Commissioners are available to attend, yet a copy of the proclamation will be
provided.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY BUILDING CODE BOARD OF APPEALS - RON
BERNHARDT AND MARION RICHTER: Acting Chair Pro-Tem Long read the certificates into the
record, recognizing Ron Bernhardt and Marion Richter for their service on the Weld County Building
Code Board of Appeals.
COMMISSIONER COORDINATOR REPORTS: Acting Chair Pro-Tem Long stated he spoke about
Commander Skip Johnson last fall, and Commander Johnson has returned from Afghanistan and will
be working in the City of Denver for the Department of Defense. He stated Commander Johnson
blogged throughout his experience, and he will be compiling Commander Johnson's blogs into one
document, which he is willing to provide to people who are interested. He stated the blogs include
inside observations which are very eye-opening.
BIDS:
PRESENT BID #61100078, PAVEMENT TESTING AND DESIGN SERVICES - DEPARTMENT OF
PUBLIC WORKS: Monica Mika, Director of Finance and Administration, stated said bid will be
presented for approval on June 6, 2011. She stated there is a great deal of variability between the bid
proposals, and she is unsure as to whether the difference can be attributed to whether the vendors are
from within the State or not; however, she will research the matter before it is presented for approval.
PRESENT BID #61100084, FENCE REMOVAL AND RECONSTRUCTION AT INTERSECTION OF
CRS 54 AND 49- DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated said bid will be presented for
approval on June 13, 2011, are two (2) vendors submitted bid proposals for the Board to consider.
Minutes, May 25, 2011 2011-1391
Page 2 BC0016
PRESENT AND APPROVE BID #B1100083, CONCRETE CURB AND GUTTER CONSTRUCTION AT
NEW ADMINISTRATION BUILDING - DEPARTMENT OF PUBLIC WORKS: Ms. Mika recommended
emergency approval of the low bid, on behalf of the Department of Public Works. Commissioner
Rademacher moved to waive the 10-day waiting period for consideration and investigation of said bid,
and approve the low bid from Northstar Concrete, Inc., in the amount of $36,391.25, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
APPROVE BID #61100065, TITLE III PROGRAMS - DEPARTMENT OF HUMAN SERVICES (CON'T
FROM 5/16/11): Ms. Mika stated this bid approval was continued from May 9, 2011, and a work
session was conducted for the Board to review this matter. She indicated each vendor was selected
based on a quality-based performance approval process, and it is recommended each vendor that
participated in the process be awarded a portion of the bid, as specified in the staff memorandum. The
staff memorandum recommends the legal services for seniors portion of the bid be awarded to Charles
Connell, in the amount of $7,500.00; the outreach services to Hispanic seniors be awarded to Catholic
Charities and Community Services of the Archdiocese of Denver, Inc., in the amount of $37,225.00; the
Adult Day Program services for frail and at risk seniors be awarded to Eldergarden, in the amount of
$55,250.00; the home-delivered meals to homebound seniors be awarded to Meals on Wheels, in the
amount of $51,447.00; the peer counseling for seniors be awarded to North Range Behavioral Health,
in the amount of $49,930.00; and the homemaker and personal care services for frail seniors to the
Rehabilitation and Visiting Nurses Association, in the amount of $67,972.00. Commissioner Garcia
moved to approve staff's recommendations. Seconded by Commissioner Rademacher, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER 2012 ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING PROGRAMS
(TITLE III AND VII) AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human
Services, stated these items were presented to the Board at a work session conducted on May 19,
2011, and the budget includes Older Americans Act funding, in the amount of $730,780.00, and State
funds, in the amount of $416,358.00. She stated all the funds help to support the Long-Term Care
Ombudsman Program, congregate meals, home-delivered meals, in-home services, the legal program,
Hispanic Senior Outreach, and adult day programs. She stated the funding period will commence July
1, 2011, through June 30, 2012. Commissioner Longs stated the budget and plan have been approved
by the Area Agency on Aging Advisory Board. Commissioner Rademacher moved to approve said plan
and budget and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER CONTRACT FOR VARIOUS AREA AGENCY ON AGING PROGRAMS AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated this contract was presented to the Board at a work session
conducted on May 19, 2011, and it is for $1,147,138.00. She stated the term of the contract will
commence July 1, 2011, through June 30, 2012, and it is between the Area Agency on Aging and the
Colorado Department of Human Services, Division of Aging and Adult Services. She stated the
contract supports the Department's programs for older adults, and the contract has been approved by
the Area Agency on Aging Advisory Board. Commissioner Garcia moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO CONTRACT TO PERFORM FUNCTIONS OF A SINGLE ENTRY
POINT AGENCY FOR HOME CARE ALLOWANCE AND ADULT FOSTER CARE CLIENTS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated this amendment was presented to the Board at a
work session conducted on May 19, 2011, and it has been approved by the Area Agency on Aging
Advisory Board. She stated the amendment allows the Area Agency on Aging to continue its case
management services for clients receiving Home Care allowance or Adult Foster Care programs, and
Minutes, May 25, 2011 2011-1391
Page 3 BC0016
the total amount of the amendment shall not exceed $82,220.48, including $38,781.00 in carryover
funding, and $43,439.48 for the period commencing July 1, 2011, through June 30, 2012.
Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONCRETE WORK FOR PARKING LOT PROJECT AND
AUTHORIZE CHAIR TO SIGN (BID #61100083) - NORTHSTAR CONCRETE, INC.: In response to
Commissioner Long, Ms. Mika stated the concrete work construction needs to occur in a timely fashion.
In response to Commissioner Rademacher, Pat Persichino, Director, Department of Public Works,
indicated this is the agreement which would normally be submitted to the Board following the bid
approval; however, in this case, the agreement is being considered on the same day as the emergency
bid was approved. In response to Commissioner Garcia, Mr. Persichino stated the Department
planned to complete an overlay of the parking lot of the new Administration Building, as well as to
complete a sealcoat on the west parking lot; however, the contract work revealed there are many
deficiencies in the sub-grade of the current parking lot, and the only way to solve the issues is to apply
a concrete-treated base to the parking lot. He indicated the current parking lot has asphalt directly
connected to the curb, which allowed water to travel underneath the concrete and forced the curb to lift.
He stated a new curb is being installed with a concrete pan, in order to allow for proper drainage.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN CRS 26 AND 28: Janet Carter,
Department of Public Works, stated said closure is scheduled to commence May 31, 2011, and end
August 16, 2011, for the purpose of roadway construction. Ms Carter clarified she specified the closure
is between County Roads 26 and 28; however, the closure begins past the high school entrance. She
stated the road construction is a partnership among the Towns of Firestone and Mead, and the City of
Longmont. She stated standard road signs and barricades will be utilized throughout the closure, and
message boards will be utilized in advance of the closure. Ms. Carter stated the average daily traffic
count on County Road 7 is 675 vehicles, according to a traffic count conducted in August, 2010.
Commissioner Rademacher clarified the closure will begin south of the high school up to County
Road 26; therefore, County Road 7 will remain open from County Road 28 to the high school, and he
moved to approve said temporary closure. Seconded by Commissioner Garcia, the motion carried
unanimously.
PLANNING:
CONSIDER CORRECTED RESOLUTION RE: GRANTING CHANGE OF ZONE, PZ #1158, FROM
A (AGRICULTURAL) ZONE DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT,
WITH C-3 (BUSINESS COMMERCIAL) AND 1-3 (INDUSTRIAL) USES, FOR NINE (9) PARCELS OF
35 ACRES IN SIZE OR GREATER, OPEN SPACE, AND CONTINUING OIL AND GAS PRODUCTION
- RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC: Bruce Barker, County
Attorney, stated this Corrected Resolution contains changes to a Resolution previously signed by the
Board for PZ #1158. He stated Tom Parko, Department of Planning Services, submitted a
memorandum which outlines the changes to be included in the Corrected Resolution, and
Modification #1 is to remove some language, in order to clarify the 80-acre minimum for an agricultural
outlot does not apply within this industrial-type Planned Unit Development (PUD), and the Board had
indicated the requirement should be removed; however, it was not removed throughout the entire
Resolution. He stated Modification #2 will remove some language regarding the plat delineating
setback radiuses for the well pumps, heaters, treaters, separaters, et cetera, since there are no oil wells
in the area. Mr. Barker indicated Modification #3 addresses 1041 regulations, and new language is
proposed to better state the intent of the Board. He stated Modification #4 will increase the threshold
from 120 megawatts to 200 megawatts. He stated the notification did not specify the wattage; however,
Minutes, May 25, 2011 2011-1391
Page 4 BC0016
he would prefer the wattage specified in the Resolution to be accurate. In response to Commissioner
Rademacher, Mr. Barker confirmed 120 megawatts was mistakenly specified in the Resolution. Further
responding to Commissioner Rademacher, Mr. Barker indicated if the applicant wants to increase the
wattage after this Corrected Resolution has been recorded, it will need to submit the request to the
Board for consideration. Acting Chair Pro-Tem Long indicated he is in favor of increasing the amount
of megawatts to 200, since it will not create a much larger impact; however, if the applicant wants to
increase the megawatts further, notification should be provided to the surrounding property owners.
Commissioner Rademacher stated it is not even known yet what will be placed in the Niobrara Energy
Park, and he does not want the applicant to have to submit another request if the required wattage is
higher than 200. Mr. Barker indicated he does not have a problem with increasing the wattage to 200;
however, he does not want to omit specifying an amount at all, and he believes a higher amount will
require notification to be provided to the surrounding property owners. Commissioner Garcia stated the
attorney for the applicant is present. Acting Chair Pro-Tem Long stated he will allow Mr. Barker to
complete his presentation, and then he will allow the legal representative for the applicant to address
the Board if he would like to. Mr. Barker stated Modification #5 addresses the landscaping
requirements, and the proposed language is more consistent with what the Board approved than the
existing language. He stated Modification #6 addresses the Change of Zone process, and the
proposed language describes it better than the existing language, and there is a proposed change to
indicate the Director of Planning Services may approve, or conditionally approve, the final plan
application, as opposed to stating the planner shall approve the final plan. Commissioner Rademacher
indicated his support for the proposed change to the language regarding the final plan. Mr. Barker
stated Modification #7 clarifies the 1041 Regulations, and Modification #8 increases the wattage from
120 to 200. He stated Modification #9 restates the 80-acre agricultural outlot requirement. He stated
the nine (9) proposed Modifications in the Corrected Resolution are not substantive changes. Acting
Chair Pro-Tem Long provided the opportunity for testimony from the attorney for the applicant and the
opportunity for public testimony; however, no testimony was provided. Commissioner Rademacher
moved to approve the proposed Corrected Resolution. Mr. Barker stated staff was directed to ensure
the use chart was correct at the end of the last hearing, which has been verified, and the use chart is
attached. Commissioner Garcia seconded the motion, which carried unanimously.
OLD BUSINESS:
FINAL READING OF WELD COUNTY CODE ORDINANCE #2011-1, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE (CON'T FROM 5/09/11): Commissioner Garcia moved to read
Ordinance#2011-1 by title only. Seconded by Commissioner Rademacher, the motion carried
unanimously. Mr. Barker read the Ordinance into the record by title, and he requested a continuance to
June 15, 2011, since the work session was rescheduled for June 14, 2011. Acting Chair Pro-Tem Long
gave the opportunity for public testimony; however, none was provided. Commissioner Garcia moved
to continue the final reading of Ordinance #2011-1 to June 15, 2011. Commissioner Rademacher
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.
Minutes, May 25, 2011 2011-1391
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:42 a.m.
BOARD OF COUNTY COMMISSIONERS
rT WELD COUNTY, COLORADO
. Ej •
ATTEST: / �5r J CUSED
y „ a[bara Kirkmeyer, Chair
Weld County Clerk to the Bo-r
USED
? :n P. o , Pro-Tern
BY.
Deputy Clerk to the Board
William F. Ga a
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AP A ORM: dv Ct 'I
David E. Long, Acting hdir Pro-Tern
o y At orney .w _^
ougl Radem cher
Minutes, May 25, 2011 2011-1391
Page 6 BC0016
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