HomeMy WebLinkAbout20113231.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 14, 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
Administration Building, Greeley, Colorado, December 14, 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 - EXCUSED
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 12, 2011, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Emergency Ordinances #244-B
and #245 by tape. Commissioner Rademacher seconded the motion, which 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, NOXIOUS WEED MANAGEMENT ADVISORY BOARD - TOBY
KIRSCH, RENE WHITE, CHUCK BIRKEMEYER, BUD CLEMONS, AND ROBERT SENCENBAUGH:
Chair Kirkmeyer read the certificates recognizing each of the members for their services on the Noxious
Weed Management Advisory Board, and acknowledged they will be delivered to those not in
attendance.
RECOGNITION OF SERVICES, CORONER/MEDICAL EXAMINER OVERSIGHT COMMITTEE - DR.
PATRICK ALLEN, RICK ALLNUTT, JIM GLASS, JACK STATLER, AND DR. JAMES WILKERSON:
Chair Kirkmeyer read the certificates recognizing each of the members for their services on the
Coroner/Medical Examiner Oversight Committee, and acknowledged they will be delivered to those not
Minutes, December 14, 2011 2011-3231
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in attendance. (Clerk's Note: Dr. Allen was in attendance following item of business #4 and was
presented with his certificate. He thanked the Board for the opportunity to serve.)
2011 PUBLIC INFORMATION OFFICER OF THE YEAR (SMALL MARKET) — JENNIFER FINCH:
Chair Kirkmeyer read the plaque for the record. Ms. Finch, Public Information Officer, explained this is
awarded to those who contribute to the organization and the Board commended her for her
achievements.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Mark Wallace, Director, Department
of Public Health and Environment, recommended approval of the revisions, as previously discussed in
a work session. Commissioner Garcia moved to approve said revised fees, as proposed by staff.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED
BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Wallace
stated the revised Environmental Health fees were also reviewed in a work session and he
recommended approval. Commissioner Rademacher moved to approve said revised fees.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR
94 AND AUTHORIZE CHAIR TO SIGN - CHESAPEAKE OPERATING, INC.: Don Carroll, Department
of Public Works, explained Chesapeake Operating, Inc., will be utilizing the southern 30 feet of County
Road 94 right-of-way as described in the agreement. He further stated the surrounding property
owners were contacted, with no response, and he recommended approval. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Long, and it carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR
134 AND AUTHORIZE CHAIR TO SIGN - COVENANT ENERGY, INC.: Mr. Carroll provided a brief
description of the location of the right-of-way, and explained the applicant has entered into lease
agreements with the surrounding property owners, since the County only has right-of-way on the even
numbered sections. Bill Davis and Tony Lacido represented Covenant Energy, Inc., and thanked the
Department of Public Works staff for their assistance in this matter. They stated the company
purchased the East 1/2 of Section 11, Township 11 North, Range 64 West, in January, 2011, and they
are also leasing approximately 4,000 mineral acres, with the potential to lease 3,200 more acres.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF ROY RUDISILL AS DIRECTOR OF THE OFFICE OF EMERGENCY
MANAGEMENT: Roy Rudisill, Director, Office of Emergency Management, thanked the Board for its
support during the departmental transition. He stated he has worked for the Sheriff's Office for the past
22 years, has served as the Emergency Manager for the past six years, and he is pleased with the new
direction for this department. Commissioner Rademacher moved to approve said appointment.
Commissioner Garcia seconded the motion, which carried unanimously.
Minutes, December 14, 2011 2011-3231
Page 2 BC0016
CONSIDER CREATION OF TRUST FUND FOR ECONOMIC DEVELOPMENT EFFORTS IN WELD
COUNTY: Donald Warden, Director of Budget Management and Analysis, explained funds previously
designated to specific businesses for economic incentives, in the amount of $1,927,404.00, may either
be reserved in the General Fund or held in a newly created Economic Development Trust Fund to be
used for any economic effort or for an economic emergency. Commissioner Garcia moved to create
the Economic Development Trust Fund. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER ADOPTION OF GASB 54 STANDARDS AND APPLICATIONS: Mr. Warden stated the
Government Accounting Standards Board (GASB) issues standards and #54 deals with fund balance
reporting and calls for more rigid standards on classifications and fund definition to create uniformity.
He stated this Resolution will adopt a Fund Balance Policy for the fiscal year, and he reviewed the
definitions, spending order, restrictions, assignments, and minimum/maximum balance and
expenditures. He further stated the policy has been reviewed by the auditors and it may be modified
following formal adoption by a majority of the Board, as deemed necessary. In response to
Commissioner Garcia, Mr. Warden stated the Accounting staff is familiar with the relevant regulations,
all prior actions are in conformity with the policy, and the adoption will be retroactively effective as of
January 1, 2011. Commissioner Long moved to adopt said policy. Commissioner Rademacher
seconded the motion, which carried unanimously.
CONSIDER 2012 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr. Warden stated Weld County entered into the Island Grove Park
Authority in 1984, which requires an annual resolution and budget, in the amount of $379,484.00, from
the Conservation Trust Fund. He stated this and the following 11 items are addressed in the County
budget. In response to Commissioner Rademacher, Mr. Warden reviewed which portions of the park
Weld County is responsible for, with the rest falling under the City of Greeley's jurisdiction.
Commissioner Rademacher moved to approve said Resolution. Commissioner Garcia seconded the
motion, which carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH AUDIO INFORMATION NETWORK OF
COLORADO AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE
CHAIR TO SIGN: Mr. Warden stated this and the following ten items are Memorandums of Agreement
(MOA) with outside agencies which are contracted for specific services for the citizens of Weld County.
He explained Audio Information Network reads local publications for the visually impaired and will be
awarded $5,737.00. Commissioner Garcia moved to approve said MOA and authorize the Chair to
sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously
CONSIDER MEMORANDUM OF AGREEMENT WITH ENVISION AS A RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN SAME: Mr. Warden stated
Envision serves the developmentally disabled and under this MOA will be awarded $38,225.00.
Commissioner Long moved to approve said MOA and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH GREELEY CHAMBER OF COMMERCE AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr.
Warden stated the Greeley Chamber of Commerce will be awarded $4,144.00, for the distribution of
brochures promoting Weld County to area visitors. Commissioner Garcia moved to approve said MOA
and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried
unanimously.
Minutes, December 14, 2011 2011-3231
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CONSIDER MEMORANDUM OF AGREEMENT WITH GREELEY/WELD SMALL BUSINESS
DEVELOPMENT CENTER (SBDC) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES
AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the SBDC operates out of the University of
Northern Colorado (UNC) Board of Trustees and will be awarded $10,000.00 to provide counseling and
advise to small businesses starting in the area. Commissioner Garcia clarified the Resolution needs to
be corrected to reflect the name change to "Northeast East Central Colorado Small Business
Development Center and he moved to approve said MOA and authorize the Chair to sign.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S PLACE AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated A Kid's Place will be awarded $9,530.00 to provide
a centralized venue where abused kids can be interviewed by various agencies and gather video
evidence to be used in court. Commissioner Rademacher moved to approve said MOA and authorize
the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated North Range Behavioral Health will be awarded $108,225.00 to provide mental
health and substance abuse treatment. He clarified the funds are primarily for program costs; however,
item #16 of the Agreement does authorize use of funds for equipment, when applicable. Commissioner
Rademacher moved to approve said MOA and authorize the Chair to sign. The motion, which was
seconded by Commissioner Long, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH PROMISES FOR CHILDREN AS A RECIPIENT
OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden
stated the amount awarded to Promises for Children has been reduced to $5,000.00 due to the entity's
success in obtaining outside grants to assist in the programs for youth. Commissioner Long moved to
approve said MOA and authorize the Chair to sign. Commissioner Garcia seconded the motion, which
carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH SENIOR CITIZEN COORDINATORS AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden explained the amount increased to $12,500.00 to be divided equally among 19 senior
centers, up from the previous 16 centers, to be used for various center functions and utility costs.
Commissioner Garcia moved to approve said MOA and authorize the Chair to sign. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH UNITED WAY OF WELD COUNTY AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated United Way will be awarded $21,775.00 for promotion of the 211 Information and
referral system. Commissioner Rademacher moved to approve said MOA and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH UPSTATE COLORADO ECONOMIC
DEVELOPMENT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated Upstate will be awarded $79,700.00 to be used for
economic development in Weld County. Commissioner Long moved to approve said MOA and
authorize the Chair to sign. Commissioner Rademacher seconded the motion, which carried
unanimously.
Minutes, December 14, 2011 2011-3231
Page 4 BC0016
CONSIDER MEMORANDUM OF AGREEMENT WITH WELD COUNTY YOUTH AND FAMILY
CONNECTION (YFC) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated YFC will be awarded $27,594.00 to assist troubled
youth by coordinating the various cases with law enforcement and human services. Commissioner
Long moved to approve said MOA and authorize the Chair to sign. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
EMERGENCY ORDINANCE #244-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION
FOR THE YEAR 2011: Mr. Barker confirmed the Ordinance was read by tape and he submitted a
summary of the reasons for the various supplemental appropriations, marked Exhibit H, which he
reviewed for the record. No public testimony was offered concerning this matter. Commissioner Garcia
moved to approve Ordinance #244-B on an emergency basis. Commissioner Rademacher seconded
the motion, which carried unanimously.
PLANNING:
CONSIDER ACCEPTING REQUEST TO WITHDRAW APPLICATION FOR USR #1718 AND
RESCINDING RESOLUTION #2009-3405 - HELIBERTO AND TERESA PEREZ: Kim Ogle,
Department of Planning Services, stated he received an e-mail requesting withdrawal of this
application. Chair Kirkmeyer confirmed the applicants were not in attendance. Commissioner
Rademacher moved to accept the request to withdraw the application for USR #1718 and rescind
Resolution #2009-3405 for Heliberto and Teresa Perez. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1736 - ROBERT
COLLINS: Commissioner Rademacher stated he was recused from the original hearing and he will
also be recused from this matter, since the property is owned by a family member. Mr. Ogle stated
USR #1736 was approved on August 25, 2010; the applicant has obtained approval of the septic
permit; and in August, 2011, the applicant forwarded a letter requesting a one (1) year extension. He
also reviewed the memorandum outlining all of the outstanding items to be completed. In response to
Commissioner Garcia, Mr. Ogle stated, if the extension is approved, staff would request quarterly status
reports since they have received nothing since last August, and one year is adequate time to complete
all of the outstanding items. Robert Collins, applicant, explained the delay has been a result of financial
limitations and the fact that he is doing all of the work himself, and he is willing to submit quarterly
status reports. In response to Chair Kirkmeyer, Mr. Ogle stated the fifth-wheel mobile home has not
been removed; however, Mr. Collins has submitted blue prints for creating a separate parcel.
Commissioner Long moved to continue the hearing until December 17, 2012, with the requirement of
quarterly status reports. Commissioner Garcia seconded the motion, and clarified if the requirements
are completed prior to the continuance date, the matter will not need to come back before the Board.
(Clerk's Note: Commissioner Rademacher returned to the meeting.)
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1612 — BRENT
HAUGEN: Michelle Martin, Department of Planning Services, gave a brief description of the location of
the site and stated USR #1612 was approved on August 8, 2007. She stated three notice letters have
been sent to Mr. Haugen; however, none of the Conditions of Approval have been addressed, yet the
business continues to operate. Brent Haugen, applicant, stated the Conditions of Approval and
Development Standards are onerous and compliance would result in bankruptcy. He indicated the
shop was constructed, inspected, and issued a Certificate of Occupancy; therefore, he does not believe
the proposed use should require a Change of Use permit, and he proceeded to address his opposition
to each of the listed requirements due to cost and the assertion that they are excessive and beyond the
scope of local government. Commissioner Rademacher questioned why these concerns were not
raised at the time of approval. He stated he does not want to force anyone out of business; however,
Minutes, December 14, 2011 2011-3231
Page 5 BC0016
these are standard requirements which are equally applied to all other applicants with this type of
business. Responding to Commissioner Garcia, Mr. Barker stated staff does not have ability to waive
the requirements; however, the Board may, upon notice to the surrounding property owners of an
amendment to the permit. Commissioner Long stated the applicant's assertions were a lot bigger in
scope than the County's intent, and if they are truly erroneous then they can be addressed; however,
the applicant's cooperation with staff would go a long way in addressing the concerns. In response to
Chair Kirkmeyer, Ms. Martin stated this case was initiated as a result of a violation and she was not the
original planner; however, she has sent numerous letters and did speak on the phone with Mr. Haugen,
but he was unwilling to meet. Chair Kirkmeyer stated the requirements are no different from any other
USR, the applicant originally indicated agreement with the Conditions and Development Standards on
the record, and she is not sure referring this back to staff will accomplish anything. Mr. Haugen stated
at the time he did not realize what was going to be required and he is not able to comply with certain
items; however, based on the comments of the Board, he is willing to meet with staff and try to work
through some of them. Mr. Barker stated the Board can continue the matter, or schedule it for a Final
hearing at which time they may authorize referring the case to the County Attorney for legal action.
Following discussion, Commissioner Garcia moved to allow the applicant 90 days to work through the
items with staff but to set the matter for a Final hearing on March 12, 2012, at 9:00 a.m. Commissioner
Rademacher seconded the motion, which carried unanimously. Chair Kirkmeyer directed the applicant
to meet with staff to try to address the requirements or determine if modifying certain items may be
more appropriate and report the status to the Board at the scheduled hearing.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1671 -WELD COUNTY
DEPARTMENT OF PUBLIC WORKS: Chris Gathman, Department of Planning Services, gave a brief
description of the location of the site, which was approved on December 17, 2008. David Bauer,
Department of Public Works, stated the plat has been prepared, but not filed, because the oil and gas
mineral interests owned by Mr. Davis have been leased by Anadarko and the surface location of the
wells is uncertain at this time pending a determination of water rights. Mr. Bauer stated the property is
also under consideration for a possible land exchange and a partially completed USR does have value
to a potential buyer. He requested a one (1) year continuance to determine whether the exchange will
proceed and indicated the parties involved may have resolved the possible well placement by that time.
Commissioner Garcia moved to continue the hearing to December 17, 2012, with instruction to
Mr. Bauer to submit quarterly status reports to the Department of Planning Services. Commissioner
Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #244-B and #245 were approved on an emergency basis.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, December 14, 2011 2011-3231
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:25 a.m.
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Minutes, December 14, 2011 2011-3231
Page 7 BC0016
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