HomeMy WebLinkAbout20110862.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 30, 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, March 30, 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 - EXCUSED
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 March 28, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated on Monday the Board approved some
agreements to lease water and he inquired as to whether the water is being put to beneficial use and
who the water is available to. Chair Kirkmeyer stated the water is only available to users along the
ditches, and Commissioner Rademacher indicated the two (2) leases are with farms which grow a lot of
vegetables. Chair Kirkmeyer indicated Petrocco Farms is located along County Roads 44 and 49, in
the LaSalle area, and Miller Farms is located near State Highway 66 and County Road 19. He stated
the reason for his questions is someone indicated to him that they have Big Thompson water shares
and the individual is only receiving approximately 80 percent of their water. Commissioner
Rademacher stated people typically never receive more than 70 percent; therefore, 80 percent is high.
Mr. Meyer stated Big Thompson is selling approximately 15,000 acre-feet, yet people are not receiving
100 percent of their water; therefore, people are angry. In response to Commissioner Conway,
Mr. Barker confirmed the water shares must be used for agricultural purposes. Commissioner Conway
stated the Board discussed how the available water shares are posted at the ditch companies.
In response to Mr. Meyer, Commissioner Conway stated he read the document Mr. Meyer submitted at
the last meeting. Mr. Meyer stated the document indicates the American Stewards of Liberty
implements coordination within the statutes, and it does not ask the Board to operate outside of the law.
Iv 2,O\ Minutes, March 30, 2011 2011-0862
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Responding to Mr. Meyer, Chair Kirkmeyer indicated the Commissioners should be relocated to the
new Administration Building in August, 2011.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - KELLI O'BRIEN AND
KYLE RAGLAND: Chair Kirkmeyer read the certificates into the record, recognizing Kelli O'Brien and
Kyle Ragland for their service on the Juvenile Community Review Board. Commissioner Conway
stated Mr. Ragland is a dedicated employee, and he thanked Ms. O'Brien for her willingness to serve
on the Juvenile Community Review Board. He stated he has worked with Mr. Ragland on a number of
committees and he thanked him for his service and being an outstanding member of "Team Weld
County".
RECOGNITION OF SERVICES, BOARD OF TRUSTEES FOR NCMC - LINDA WINTER AND
WILLIAM FISHER: Chair Kirkmeyer read the certificate into the record, recognizing Linda Winter and
William Fisher for their service on the Board of Trustees for NCMC.
Mr. Fisher stated it was a pleasure serving on the Board of Trustees for NCMC, and he thanked the
Board for its dedication to NCMC, since the hospital is a key component in the community.
Commissioner Conway thanked Ms. Winter and Mr. Fisher for their service, and he stated that he
served on the Board of Trustees for NCMC last year, while Mr. Fisher served as the Chair and did an
outstanding job, and Ms. Winter served on the NCMC, Inc., Board, which is an important role for the
hospital. He stated Mr. Fisher and Ms. Winter have dealt with a lot of challenges and the community is
much better off as a result of their service, and they can be proud of what has been accomplished.
Commissioner Conway stated there has been a great deal of improvement regarding NCMC's rankings
amongst its peers and around the country, and the improvement is greatly due to Ms. Winter and
Mr. Fisher's service and direction.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated last week the Senate
Agricultural Committee dealt a blow to the Board's effort to get rid of automobile emissions testing in
Weld and Larimer Counties, with a four (4) to three (3) vote. He stated even though the hearing was
not successful, he is proud of the presentations provided by citizens and elected officials, and progress
is being made on the issue. He stated last year the proposed Bill did not even make it out of
Committee and this year it went through two (2) House Committees, passed the House, and came
within one (1) vote of getting it off the Senate floor. He indicated there may be an opportunity to
complete the process next year, and he fervently believes the scientific data supports their position on
this issue, since the ozone levels are declining along the Front Range, and there are just two (2) towers
out of compliance, which will likely be in compliance before the end of the summer. Commissioner
Conway thanked Chair Kirkmeyer for providing testimony, as well as Bruce Barker, County Attorney, for
being engaged with drafting the legislation. He also thanked Senators Renfroe, Lunberg, and Mitchell;
Representative Vaad, who sponsored the Bill and did an excellent job of shepherding it through the
house; and Representatives Nikkei, DelGrosso, and Sonnenberg. He stated they were not successful
at convincing all of Northern Colorado's legislators; however, they will work harder next year to answer
any outstanding questions.
NEW BUSINESS:
CONSIDER TASK ORDER CONTRACT FOR WOMEN'S WELLNESS CONNECTION PROGRAM
AND AUTHORIZE THE CHAIR TO SIGN: Debbie Drewer, Department of Public Health and
Environment, stated this is a task order contract which allows staff to provide breast cancer screening
services with private funding from the Komen Foundation. She stated the contract allows staff to
Minutes, March 30, 2011 2011-0862
Page 2 BC0016
provide supplemental breast screening services to low income women who may not be eligible for the
Well Woman's Connection Program, and the Department was recently recognized across the State for
integrating these Programs into existing clinics. Commissioner Conway reiterated the Program has
been recognized for its success, and he stated it has saved the lives of countless Weld County citizens.
He commended Ms. Drewer for all she has accomplished in terms of this Program, and he moved to
approve said Task Order Contract and authorize the Chair to sign. Commissioner Garcia seconded the
motion. Chair Kirkmeyer concurred with Commissioner Conway's comments about the Program.
There being no further discussion, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 1,
S5, T8N, R59W: Mr. Barker stated the request to extend all of these oil and gas leases for six (6)
months, pursuant to Section 24 of the leases, was received as one packet. He stated this is at the sole
option of the lessor, which is the Board of County Commissioners; however, it can only be extended for
a period of six (6) months; it must be for one-third of the original bonus amount; $1.00 per acre must be
paid for the late rental; and the royalty remains the same, which is 20 percent. He recommended
approval of all of the requests for extensions listed on today's agenda. Chair Kirkmeyer stated in light
of the recent oil and gas auction, she has questions as to why the County would extend these leases,
why the County would not bid the leases out, and whether this is a fair price. She stated she does not
know enough about these leases to even know the right questions to ask; therefore, she would like to
continue these items and conduct a work session, in order to gain a better understanding of whether
the lease extensions are in the best interest of Weld County. Commissioner Conway concurred with
Chair Kirkmeyer's comments. In response to Commissioner Rademacher, Mr. Barker confirmed these
are all leases for minerals owned by Weld County, and the County owns the surface interests for
approximately half of the parcels. Commissioner Conway stated he would like to understand the
Board's options regarding the leases, and perhaps at the work session it can be explained what will
occur if the Board chooses not to approve the requests for extensions, as to whether the leases will be
returned to a pool to be rebid and whether the lessee has the opportunity to offer a higher amount, that
is commensurate with what has been established in recent auctions. He stated this is money for Weld
County's taxpayers, and he wants to make sure the Board is obtaining the best return for the taxpayers.
Chair Kirkmeyer concurred with Commissioner Conway's comments. Mr. Barker stated these leases
may not be in the same area as where the requests for leases are. Chair Kirkmeyer stated the legal
descriptions seem to be fairly close to the other leases, and Mr. Barker concurred. He stated the Board
may want to communicate with Noble Energy on the matter, to determine its plans; however, the Board
is asking good questions. Chair Kirkmeyer inquired as to whether it would be a problem to continue
these requests for two (2) weeks, in order to allow the Board to conduct a work session on the matter,
and to allow Commissioner Long to be involved with the determination. Mr. Barker indicated these
leases do not expire until October; therefore, there is plenty of time for the Board to conduct a work
session. Commissioner Conway moved to continue all the lease extension requests to April 25, 2011,
in order to conduct a work session. Commissioner Rademacher seconded the motion. In response to
Chair Kirkmeyer, Mr. Barker indicated he will schedule the work session.
Monica Mika, Director of Finance and Administration, stated she will obtain a GIS map for the Board,
indicating where the oil and gas activity is occurring. There being no further discussion, the motion
carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4
NE1/4, S5, T8N, R59W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2 S1/2
NW1/4, S5, T8N, R59W: Commissioner Conway moved to continue all the lease extension requests to
Minutes, March 30, 2011 2011-0862
Page 3 BC0016
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
NE1/4, PT. N1/2 NE1/4, SE1/4 NW1/4, PT. NE1/4 NW1/4, S6, T8N, R59W: Commissioner Conway
moved to continue all the lease extension requests to April 25, 2011, in order to conduct a work
session. Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4
S8, T8N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - E1/2
NW1/4, S8, T8N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S17, T8N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NW1/4,
S20, T8N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SW1/4,
S15, T8N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
SE1/4, S21, T9N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2,
S27, T9N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - W1/2
SE1/4, S20, T9N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4,
S30, T9N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
Minutes, March 30, 2011 2011-0862
Page 4 BC0016
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S31, T9N, R60W: Commissioner Conway moved to continue all the lease extension requests to
April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 4,
SW1/4, NW1/4, S4, T8N, R59W: Commissioner Conway moved to continue all the lease extension
requests to April 25, 2011, in order to conduct a work session. Commissioner Rademacher seconded
the motion, which carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2, S8,
T8N, R59W: Commissioner Conway moved to continue all the lease extension requests to April 25,
2011, in order to conduct a work session. Commissioner Rademacher seconded the motion, which
carried unanimously.
CONSIDER APPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Garcia
moved to appoint Eileen McGaughey to the Island Grove Park Advisory Board, to replace Terry Gertge,
with a term to expire March 1, 2014. Seconded by Commissioner Conway, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR
USR #1747 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, DBA CONQUEST OIL (C-7):
Richard Hastings, Department of Public Works, stated this will be an injection site located on County
Road 74, at State Highway 392, and it will generate traffic which will need to travel south. He stated he
has checked the site on several occasions and it is in good operating condition; therefore, he
recommends approval of the agreement and acceptance of the collateral, on behalf of the Departments
of Public Works and Planning Services. Commissioner Garcia moved to approve said agreement,
authorize the Chair to sign, and accept said collateral for Use by Special Review #1747. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #1633 - SPICER
RANCHES, LTD., C/O BECKY MEYRING: Mr. Hastings indicated this is a sports arena, where horses
are trained, and he has visited the site on several occasions and it is an impressive facility. He
indicated Becky Meyring has completed the necessary items to come into compliance with the
drainage-related facilities, according to the drainage engineers; therefore, he recommends the release
of the collateral, on behalf of the Departments of Public Works and Planning Services. In response to
Commissioner Rademacher, Mr. Hastings confirmed a drainage pond and outlet structure were
required at the facility, based on the facility's proximity to an irrigation ditch. Commissioner
Rademacher moved to approve said cancellation and release of collateral for Use by Special Review
#1633. Seconded by Commissioner Conway, 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.
Minutes, March 30, 2011 2011-0862
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
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ATTEST: t. ' �1 a I.1O/41..- n JAW A-
(; � \ arbara Kirkmey r, Chair
Weld County Clerk t ,f$@ = ;_,�;, P �-
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vid E. Long
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Douglas Rademacher
Minutes, March 30, 2011 2011-0862
Page 6 BC0016
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