HomeMy WebLinkAbout20112867.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 26, 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, October 26, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of October 24, 2011, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDING HEALTHY MARRIAGES PROGRAM - CANDI DE LA
CRUZ, MARY JO VASQUEZ, AND KIM KETCHUM: Chair Kirkmeyer read the certificates into the
record, recognizing Candi De La Cruz, Mary Jo Vasquez, and Kim Ketchum for their participation in the
Building Healthy Marriages Program.
Judy Griego, Director, Department of Human Services, submitted a book into the record, titled
"4 Organizations. 1 Community. 5,000 People. The Building Healthy Marriages Journey", marked
Exhibit A.
John Kruse, Department of Human Services, stated this has been a very successful program over the
last five (5) years and it has impacted more than 5,000 individuals, and it is unfortunate the funding has
been discontinued.
Ann Bruce, Program Manager, stated her staff are unspoken heroes, and Ms. Vasquez has been with
the program from the very beginning and she established all the processes utilized, while Ms. De La
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Cruz and Ms. Ketchum were instrumental in fine tuning and implementing those processes as the
project evolved. She stated the staff invested their whole hearts and souls into the program, and their
service is greatly appreciated. She stated the book submitted by Ms. Griego was created by the United
Way, and it is a summation of the five (5) years of the program, with charts and graphs which indicate
what was accomplished over the span of the program with the five (5) million in funding received from
the Federal government. Ms. Griego thanked Ms. Bruce for all the work she has completed in regards
to the program. Commissioner Long thanked staff for doing an outstanding job of administering a great
program. He stated he previously reviewed an electronic copy of the book, and it is insightful and
contains a lot of personal testimony from people who have benefited from the program, which he finds
to be the highlight of the book. He stated he enjoys knowing how the program affected people, and the
tools learned through the program will be passed on to others by example. Commissioner Long stated
the staff who participated in the program should know they have made a difference in the community in
ways they may never know the full extent of. Commissioner Conway stated he attended the staff
celebration with Commissioner Long on the last day of the program, and the commitment of the staff is
inspiring; they really believed in the program. He stated that similar to a pebble in a pond, the ripples
from the program will continue, and the information provided will make a difference for a long time to
come. Commissioner Garcia thanked the involved staff for all of their efforts in the program, and he
stated he was lucky to work with all of them and observe their actions over the past five (5) years. He
stated the Board knows the cornerstone of society is families, and he thanked the staff for their efforts
in promoting families. Commissioner Rademacher stated the program placed Weld County is a very
positive light, and the program has planted seeds, which will continue to positively grow and spread.
Chair Kirkmeyer indicated she wholeheartedly concurs with the other Commissioners' eloquently stated
comments. Ms. Bruce thanked the Board for the opportunity and its vision for the program.
Ms. Vasquez was present to receive her certificate and a copy of the book. She stated it was a
pleasure working for the Department of Human Services and she appreciates the support she received
from Ms. Bruce, Mr. Kruse, and Ms. Griego, since the program would not have been as positive and
successful without their support. She thanked the Board for recognizing the County needed a program
such as this one, and she appreciates its collaboration and support, particularly Commissioner Garcia,
who was involved with the program from the beginning. Ms. Vasquez stated she observed young
people navigate into becoming better parents through the program. Commissioner Long stated
Ms. Vasquez's leadership and passion made a difference in people's lives, in addition to the program
curriculum. Commissioner Garcia thanked Ms. Vasquez for being a champion of marriage and family.
COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher stated he attended the
Longmont City Council meeting last night, where he accepted a proclamation for the 150th Anniversary
of Weld County.
Commissioner Conway thanked Ms. Griego and Mr. Kruse for all they did for Project Connect, and he
stated he has received nothing but positive feedback about the event. In response to Commissioner
Conway, Mr. Kruse clarified 300 applications were provided to attendees at the event and
50 applications were submitted at the event. He stated perhaps next year the applications provided at
the event can be identified, in order to track how many applications are submitted after the event
concludes. Commissioner Conway stated people have expressed their appreciation for being able to
meet with representatives and receive answers to their questions at the event. Mr. Kruse stated his
staff enjoyed participating in the event.
Commissioner Conway thanked Bruce Barker, County Attorney, for filing a Statement of Opposition, on
behalf of the Board, regarding the redistricting matter, and driving to personally deliver it. He stated
hopefully the Board will prevail and the Supreme Court will recognize the constitutional merits in the
filing. He stated citizens have been expressing their appreciation to him for the Board becoming
involved on this matter, particularly citizens from the southwest portion of the County, since they were
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concerned about their representation, based on the map. Commissioner Conway stated he looks
forward to accompanying Mr. Barker when he appears before the Supreme Court, if the opportunity is
provided, and listening to the oral arguments. Mr. Barker stated he just sent the Board a related e-mail
regarding a joint motion, and he will need the Board to respond to it.
NEW BUSINESS:
CONSIDER EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human
Services, stated there are eight (8) expenditure authorizations being presented for approval. She
stated the first is for the Workforce Investment Act (WIA) Adult Program, for additional funds in the
amount of $369,487.00, on behalf of the Employment Services Program, to provide employment and
training activities, for a term commencing October 1, 2011, through June 30, 2013. She stated the next
expenditure authorization is for the WIA Dislocated Worker Program, in the amount of $358,711.00, for
the same term as the previous item, and the next is for Wagner-Peyser Carry-In funds, in the amount of
$198,045.00, for a term commencing August 22, 2011, through June 30, 2012. Ms. Griego stated the
next expenditure authorization is for Wagner-Peyser Adjustment #1 funds, in the amount of
$242,368.00, for a term commencing August 22, 2011, through June 30, 2012, and the following
expenditure authorization is for WIA Dislocated Worker Unemployment Initiative (UI) Claimant Initiative
funds, in the amount of $119,410.00, for a term commencing September 15, 2011, and ending June 30,
2013. She stated the next expenditure authorization is for the WIA Disabled Veterans Outreach
Program, in the amount of $8,000.00, with a term commencing October 1, 2011, through September
30, 2012, and the following expenditure authorization is for Wagner-Peyser Migrant Seasonal Farm
Worker supplemental funding, in the amount of $24,720.00, for the same term as the previous item.
She stated the final expenditure authorization is WIA Performance Incentive, in the amount of
$35,000.00. Commissioner Long moved to approve said expenditure authorizations and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN —
WILLIAM JERKE: Don Warden, Director of Budget and Management Analysis, stated a work session
was conducted about this matter last Monday, and it is an agreement with William Jerke for a second
year, to try to maximize the number of oil and gas employees identified in Weld County through the
Severance Tax Direct Distribution and Federal Mineral Lease Program. He stated the number of
employees is one-third of the initial formula to determine the monies coming into Weld County and its
municipalities. He stated last year Mr. Jerke worked to identify 2,045 employees, which amounted to
.3 million and the net effect was 5.5 million being awarded to the County and its municipalities.
Mr. Warden stated the work Mr. Jerke does is beneficial to the County in maximizing these funds from
the Department of Local Affairs. He stated Mr. Jerke is requesting that the base amount be increased
from $10,000.00 to $20,000.00, since the base number of employees increased from 1,600 to 2,045
employees, which will be paid over a five (5) month period, beginning in January, 2012, and the bonus
amount will remain the same, which is five (5) percent per each employee above 2,045 employees,
from the Severance Tax Direct Distribution. He stated Mr. Jerke will begin working with the oil and gas
companies November 1, 2011. In response to Commissioner Rademacher, Mr. Warden stated he is
unsure as to whether Weld County ranks first or second in the State for the number of oil and gas
employees reported; however, he will research the matter. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the motion.
Commissioner Conway thanked Mr. Warden for working on this agreement with Mr. Jerke, since it was
a benefit to the County last year and it also helped all the municipalities. Responding to Commissioner
Conway, Mr. Warden clarified the agreement resulted in approximately $300,000.00 being awarded to
the City of Greeley, and approximately 1.7 million to Weld County. Commissioner Conway stated this
agreement is a great benefit in tough budgetary times to Weld County and its municipalities. Chair
Kirkmeyer stated Weld County received the most of any county in Colorado in Colorado Severance Tax
Direct Distribution payments, followed by Mesa County, which received 1.673 million, and La Plata
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received 1.1 million; however, these figures do not include the Federal Mineral Lease Program funds.
There being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER CORRECTED RESOLUTION FOR SITE SPECIFIC DEVELOPMENT PLAN AND
SECOND AMUSR PERMIT #897 - AGGREGATE INDUSTRIES - WCR, INC.: Kim Ogle, Department
of Planning Services, stated July 15, 2009, an amendment for an existing pit was approved for
Aggregate Industries-WCR, Inc. He stated Ed Orr owns property within the permit boundary, and
Aggregate Industries-WCR, Inc., and Mr. Orr have been unable to reach an agreement to extend their
contract regarding the inclusion of Mr. Orr's property; therefore, Mr. Orr has written a letter, dated
September 12, 2011, requesting that his portion of land be withdrawn from the application. In response
to Chair Kirkmeyer, Mr. Ogle stated the parcel of land is 67 acres in size.
Connie Davis, Aggregate lndustries-WCR, Inc., confirmed they are unable to reach an agreement with
Mr. Orr to extend the contract for the inclusion of his land; therefore, it makes sense to remove the
parcel from the Use by Special Review (USR) amendment application. In response to Commissioner
Rademacher, Mr. Ogle stated the removal of the parcel will not affect any of the Development
Standards. Chair Kirkmeyer inquired as to whether the removal of the parcel will affect the access
points or traffic routes. Ms. Davis stated the change should not affect the traffic routes; however, it will
slightly affect one access point, which will be moved slightly to the east, onto an adjoining parcel, as
well as a conveyor crossing. Chair Kirkmeyer inquired as to whether the Department of Public Works
has had the opportunity to review the proposed new access point. Mr. Ogle clarified the access point
will not be changing; only the conveyor crossing. Ms. Davis stated this matter is scheduled for a Show
Cause hearing on November 14, 2011, since the plat has not been filed, due to the negotiation
occurring with Mr. Orr, as well as economic conditions. She requested 90 days to make the corrections
to the plat and to coordinate with the Departments of Planning Services and Public Works to ensure the
changes are appropriately reflected on the plat. In response to Chair Kirkmeyer, Mr. Ogle clarified it is
a Probable Cause hearing scheduled on November 14, 2011; not a Show Cause hearing. Chair
Kirkmeyer stated the Department of Planning Services staff will make the determination whether the
matter should be heard by the Board at the Probable Cause hearing. She provided the opportunity for
public testimony; however, none was given. In response to Mr. Barker, Ms. Davis stated the applicant
is requesting 90 days from November 14, 2011, to make the changes to the plat. Chair Kirkmeyer
inquired as to why it is important to provide 90 days from November 14, 2011. Mr. Ogle stated 90 days
can be granted from today's date; November 14, 2011, was simply selected because it was the date
the hearing was scheduled to occur. Mr. Barker clarified the hearing scheduled for November 14,
2011, does not need to occur if the Corrected Resolution is approved today with the appropriate
modifications. Chair Kirkmeyer stated the proposed Resolution states the Development Standards
must be submitted for recording within 180 days of the meeting, and she inquired as to whether the
timeframe will commence today, since the Resolution is being corrected. Mr. Barker stated the Board
can choose to interpret it that way. Chair Kirkmeyer stated there does not need to be an amendment to
the Resolution, and the applicant will have 180 days to satisfy the requirements. In response to
Commissioner Conway, Ms. Davis indicated she is satisfied with the decision. Commissioner Conway
moved to approve the Corrected Resolution for the Site Development Plan and Second Amended Use
by Special Review Permit#897. Seconded by Commissioner Garcia, the motion carried unanimously.
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CONSIDER REQUEST TO WITHDRAW APPLICATION FOR SITE SPECIFIC DEVELOPMENT PLAN
AND USR PERMIT #1347 AND RESCINDING RESOLUTION #2002-1710 - MIKE
REFER/AGGREGATE INDUSTRIES - WCR, INC.: Mr. Ogle stated staff received a letter from Mike
Refer, Aggregate Industries-WCR, Inc., dated September 22, 2011, regarding USR Permit #1347,
which was approved on September 11, 2002, by Resolution #2002-1710. He stated that Mr. Refer
indicated this site no longer has an active permit from the Division of Minerals and Geology, and he
requested to withdraw the USR application. In response to Chair Kirkmeyer, Mr. Ogle stated no mining
operations commenced on the property; therefore, no reclamation is necessary.
Ms. Davis stated the site never completed its application for a permit from the Division of Reclamation,
Mining, and Safety, and operations never commenced at the site. She stated the site initially seemed
to be economically feasible to mine; however, there are numerous wetlands throughout the property,
and it does not make sense to continue to proceed in the current economy. In response to Chair
Kirkmeyer, Mr. Barker stated the opportunity for public testimony does not need to be provided for this
matter. Commissioner Garcia moved to approve the request to withdraw the application for Site
Specific Development Plan and Use by Special Review Permit #1347, and to rescind
Resolution #2002-1710. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER REQUEST TO WITHDRAW APPLICATION FOR SITE SPECIFIC DEVELOPMENT PLAN
AND USR PERMIT #1205 AND RESCINDING RESOLUTION #990187 — JOHN BRUNETTI: Mr. Ogle
stated a letter was received from John Brunetti, dated September 27, 2011, indicating the property was
purchased from Megan Harper, who was the individual who applied for the USR Permit, and the
property is not being utilized as an animal training facility and boarding facility; therefore, the project
has been abandoned. He stated the plat was not recorded for this USR Permit, and staff requests that
the application be withdrawn. No representatives of Mr. Brunetti were present. Commissioner
Rademacher moved to approve the request to withdraw the application for Site Specific Development
Plan and Use by Special Review Permit #1205, and to rescind Resolution #990187. Seconded by
Commissioner Long, 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, October 26, 2011 2011-2867
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:49 a.m.
BOARD OF COUNTY COMMISSIONERS
WEWD COUNTY, COLOI ADO
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Minutes, October 26, 2011 2011-2867
Page 6 BC0016
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