HomeMy WebLinkAbout20112321.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 24, 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, August 24, 2011, at the hour of 8:55 a.m. The meeting
began a few minutes early as the result of a clock being approximately five (5) minutes ahead.
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— EXCUSED
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 August 22, 2011, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on August 22, 2011, as follows: 1) Hearing to show whether good cause exists for
revocation of use by Special Review Permit #1059 and Certificate of Designation for a Composting
Facility in the A (Agricultural) Zone District— Lambland, Inc., dba A-1 Organics. Commissioner Conway
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 Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, AREA AGENCY ON AGING ADVISORY BOARD - MARYETTA
MOORE AND SUSAN BROMLEY: Chair Kirkmeyer read the certificates into the record, recognizing
Maryetta Moore and Susan Bromley for their service on the Area Agency on Aging Advisory Board.
RECOGNITION OF SERVICES, PLANNING COMMISSION - ERICH EHRLICH AND ROY SPITZER:
Chair Kirkmeyer read the certificates into the record, recognizing Erich Erhlich and Roy Spitzer for their
• Minutes, August 24, 2011 2011-2321
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service on the Planning Commission. Commissioner Conway stated Mr. Ehrlich has been a valued and
an active member on the Planning Commission, and he is also the President of the Windsor Chamber
of Commerce and involved with various community activities. He thanked Mr. Ehrlich for his
outstanding service to the citizens of Weld County. He stated it has been a busy time during
Mr. Ehrlich's tenure on the Planning Commission, with many exciting cases. Commissioner Conway
stated when reading through the minutes from the Planning Commission meetings he has noticed
Mr. Ehrlich has very good insights and comments. Mr. Ehrlich was present to receive his certificate,
and he thanked the Board for its recognition. Commissioner Conway also thanked Mr. Spitzer for his
service. He stated the Planning Commission consists of voluntary, unpaid positions, and the
Commission meets once a month and sometimes the discussions about cases last until late into the
evening.
RECOGNITION OF SERVICES, BOARD OF ADJUSTMENT - BENJAMIN HANSFORD AND WILLIAM
HANSEN: Chair Kirkmeyer read the certificate into the record, recognizing Benjamin Hansford and
William Hansen for their service on the Board of Adjustment. Mr. Hansford was present to receive his
certificate, and he thanked the Board for the opportunity to serve on the Board of Adjustment.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT FOR SEPTEMBER 23, 24,
AND 25, 2011 - LOVE-AIR R/C, INC.: Brad Yatabe, Assistant County Attorney, stated the application
appears to be in order for the most part; however, 2,000 people may prospectively attend the event,
and one (1) portable toilet is required per 100 people, according to the Weld County Code, and the
application indicates there will be 15 portable toilets, which is too few. He stated he tried to contact
Janet Carter, Department of Public Works, regarding whether a traffic control plan has been submitted
for the event; however, he has not received a response from her.
Michael Harrington, applicant, clarified there will be 16 portable toilets, since there is one (1) portable
toilet permanently located on the site, and he stated this has been a good plan based on past
experience. He submitted a flier describing the event into the record, marked Exhibit A. He stated this
event is sanctioned and insured by the Academy of Model Aeronautics, and this will be the fifth year the
event has been held at this specific site, with no problems. He stated Traffic Masters of Windsor will
provide traffic control for the event, and he is working with Roy Rudisill, Director, Office of Emergency
Management, to create an Emergency Response Plan. Mr. Harrington stated this event is a benefit for
Mental Health America, and the event is sponsored by UMB. He stated he has been working with the
Federal Aviation Administration to plan a fly over with full-scale aircrafts, and Bud Anderson, a double
ace WWII pilot, will be a part of the event on September 23, 2011. He stated he has had good success
with the event in previous years, and last year over 50 volunteers from his club provided security and
parking direction. Chair Kirkmeyer stated the application indicated emergency medical services will be
provided by Ault Fire and Rescue, which works with the Weld County Paramedic Service, and she
inquired as to whether Mr. Harrington has contacted the Paramedic Services. Mr. Harrington stated it
was his understanding Ault Fire and Rescue has trained emergency medical technicians. Chair
Kirkmeyer clarified Ault Fire and Rescue has trained emergency medical technicians; however, it does
not provide emergency transport services. In response to Chair Kirkmeyer, Mr. Harrington stated he
believes Traffic Masters has the authority to provide traffic control on a State highway, and the
company provided the traffic control for the event last year. Commissioner Conway inquired as to
whether Mr. Harrington is expecting a larger turn out than last year for the event, and as to whether the
number of portable toilets will be sufficient. Mr. Harrington stated the number of people in attendance is
limited by the number of available parking spaces, and the number of portable toilets has been
sufficient in the past and the toilets will be cleaned twice throughout the event. He stated free
admission will be offered to the UMB employees, and he will know more about the number of people
Minutes, August 24, 2011 2011-2321
Page 2 BC0016
expected to attend after he meets with representatives from UMB next week; however, he is willing to
increase the number of portable toilets if it is necessary. Chair Kirkmeyer stated the Resolution should
be approved contingent upon the Emergency Response Plan being completed and submitted. In
response to Mr. Harrington, Chair Kirkmeyer stated she understands he does not have a plan in hand
yet. Commissioner Conway moved to approve said application, contingent upon the Emergency
Response Plan being submitted prior to the event commencing. Commissioner Garcia seconded the
motion, and he wished Mr. Harrington the best of luck. He stated he is proud to have the event in Weld
County, he thanked Mr. Harrington, and he encouraged everyone to attend. Mr. Harrington stated his
club works hard to provide this event, and the event is close to outgrowing this site; therefore, they may
need to identify a larger site next year. He indicated the Greeley-Weld County Airport may be a
potential site. Commissioner Conway stated he would like the event to stay within Weld County, and
he and Commissioner Garcia are both on the Greeley-Weld County Airport Authority Board and they
would like to try to work with him regarding the event. There being no further discussion, the motion
carried unanimously.
CONSIDER AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING GRANT
AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT: Judy
Griego, Director, Department of Human Services, stated this agreement was reviewed by the Board as
a "pass-around" document, along with a memorandum dated August 10, 2011. She stated the
agreement identifies Upstate Colorado Economic Development's role as the convener for the Sector
Initiative, and it specifies $121,000.00 will be utilized to continue implementing the Weld/Adams
Sustainable Manufacturing Sector Initiative. She stated the term of the agreement commenced July 1,
2011, and will end June 30, 2012, and the agreement is for a total of$130,000.00, with $9,000.00 being
utilized by Employment Services for overseeing the project. Commissioner Conway thanked
Ms. Griego for answering the questions he previously presented to her, and he inquired as to whether
this is "pass through" funding and whether it is solely up to Upstate Colorado Economic Development to
select and promote entities. Ms. Griego confirmed it is "pass through" funding, and she stated the
County contracts with Upstate Colorado Economic Development to be the convener and there is a
committee involved with researching the involved employers. She stated a solution the Department
devised to address this concern is to place a weekly report, which identifies the employers being dealt
with, on the County intranet, which will allow the opportunity for the Board to review the report.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR SECTORS IMPLEMENTATION GRANT FOR
SUSTAINABLE MANUFACTURING SECTOR IN WELD AND ADAMS COUNTIES AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated this expenditure authorization was reviewed by the Board as a
"pass-around" document, along with a memorandum dated August 10, 2011, and this is the second
year of a grant which provides the funding for the previous agreement with Upstate Colorado Economic
Development. She stated the agreement is with the Colorado Department of Labor, and it commenced
July 1, 2011, and ends June 30, 2012. She stated the agreement is for $130,000.00 in funding.
Commissioner Long moved to approve said expenditure authorization and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these expenditure authorizations
were reviewed by the Board as "pass-around" documents, along with a memorandum dated August 10,
2011. She stated these are the Workforce Investment Act (WIA) and Wagner Peyser Program Plan
expenditure authorizations and the terms for the funding commenced July 1, 2011, and end June 30,
2013. She stated the total funding amount is $1,468,028.00; $34,174.00 for the WIA Adult Program,
$98,995.00 for the WIA Dislocated Worker Program, $637,034.00 for the WIA Youth Program,
$662,480.00 for the Wagner-Peyser Exchange Program, and $35,345.00 for the Trade Adjustment Act
Minutes, August 24, 2011 2011-2321
Page 3 BC0016
Program. Commissioner Garcia moved to approve said expenditure authorizations and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 70 AND AUTHORIZE CHAIR TO SIGN - EOG RESOURCES, INC.: Donald Carroll, Department of
Public Works, stated this agreement will provide EOG Resources, Inc., access to its
Greasewood #07-17H site. He stated access will be gained via County Road 70, east of County
Road 85, and approximately 13 miles east of Barnesville. He stated adjacent property owners have
been contacted, and he recommends approval of the agreement. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. Commissioner Long seconded the motion,
and he indicated the map indicates this site is located 20 miles from the Town of Briggsdale, which is
incorrect. Mr. Carroll stated he checked this information this morning, and he concurred the information
is incorrect. There being no further discussion, the motion carried unanimously.
CONSIDER 2011 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR TO SIGN: Christopher
Woodruff, Assessor, stated this is a statutory document which is submitted to the State Property Tax
Administrator and the Colorado Board of Equalization, as part of the certification of values, and
ultimately a part of the certification of the tax roll. He stated this is a refinement of the data he
submitted to the Board on July 14, 2011, when he reported the assessment roll. He stated this
document contains the final State-assessed valuations from the State Property Tax Administrator, as
well as the changes from the County Board of Equalization hearings that were concluded on July 28,
2011. He stated he will submit the 2011 Abstract of Assessment to the State Property Tax
Administrator after the Board approves it. Commissioner Conway moved to approve the 2011 Abstract
of Assessment and authorize the Chair to sign. Commissioner Garcia seconded the motion.
Commissioner Conway commended the Assessor for a job well done, and Chair Kirkmeyer expressed
her appreciation as well, There being no further discussion, the motion carried unanimously.
CONSIDER TWO (2) AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE
SUPERVISION PROGRAM (ISP) FOR INMATES AND PAROLEES WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Director, Justice Services, stated the Department of
Corrections exercised its option to renew these subcontracts with Behavioral Interventions, Inc., and
Rocky Mountain Offender Management Systems, LLC, in accordance with the Master Contract, and he
and Bruce Barker, County Attorney, have reviewed the agreements. Commissioner Garcia moved to
approve said agreements and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER DISMISSAL OF PENDING QUINQUENNIAL REVIEW OF BEEBE DRAW FARMS
METROPOLITAN DISTRICTS #1 AND #2: Mr. Barker indicated the quinquennial review was
requested by an individual who resides within the community of Beebe Draw approximately two (2)
years ago, and the review was delayed, pending elections in November, 2009, and November, 2010.
He stated the election in the year 2010 approved an agreement to create an Authority and a Service
Plan, which were approved by the Board in March, 2011. He stated there is a list of approximately
eight (8) items which have been completed over the past two (2) years and he does not believe the
quinquennial review is necessary, and the individual who requested the quinquennial review concurs;
therefore, he recommends the dismissal of the pending quinquennial review. Commissioner Conway
moved to dismiss the pending quinquennial review of Beebe Braw Farms Metropolitan Districts #1
and #2. Commissioner Long seconded the motion. Chair Kirkmeyer thanked Mr. Barker for following
up on this matter, and she stated it is nice to know this matter has been resolved through the elections
over the past two (2) years and people are getting along. There being no further discussion, the motion
carried unanimously.
Minutes, August 24, 2011 2011-2321
Page 4 BC0016
OLD HEALTH BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST MID PLAINS INVESTMENTS, LLC, FOR VIOLATION OF THE WELD COUNTY
CODE (CON'T FROM 08/15/11): Troy Swain, Department of Public Health and Environment, stated
notification of this hearing was mailed on August 16, 2011, and notification was posted on the property
on August 18, 2011. He stated the Department is no longer requesting that the Board exercise its
powers as the Board of Public Health to abate a nuisance, since the trash has been removed from the
property. He stated at the last hearing he had requested additional time to determine the reason the
dumpster was removed from the property, and he has learned from the hauler that there was confusion
regarding the accounts, where one account was scheduled for dumpster repossession and service was
reestablished on another account. Mr. Swain indicated he has submitted photographs from August 18,
2011, and August 22, 2011, which demonstrate that the problem has been resolved. Mr. Barker stated
the language for dismissing the matter in the Resolution indicates the Board finds the property to be in
compliance with the Weld County Code, which is language taken from other violation hearing
Resolutions; however, in this instance, it would be more appropriate to state the Board finds the
property to be compliance with the statutory requirements and the requirements of the Weld County
Department of Public Health and Environment. Commissioner Garcia moved to dismiss the matter,
with the language suggested by Mr. Barker to be included in the Resolution. 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.
There being no further business, this meeting was adjourned at 9:28 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 7`--)fl it i.G1 r ��I 'i.
Barbara Kirkmeyer, Chair 7
Weld County Clerk to the Board
//j�� Sean P. C way, Pro-Tern
BY: lJl 'ns.
Deputy C rk to the Bo.0d dotesisaii,
\ . / W' is F. Ga a
David E. Long
N* \/ EXCUSED
• / ' Douglas Rademacher
Minutes, August 24, 2011 2011-2321
Page 5 BC0016
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