HomeMy WebLinkAbout20112357.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 31, 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 31, 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 Pro-Tem 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of August 29, 2011, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
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.
COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher stated he attended the
Water Congress Conference at Steamboat Springs last week, and he found it to be very good and
pertinent to Weld County. He stated there were eye-opening presentations made by the oil and natural
gas representatives, and he immensely enjoyed the conference and found it to be very worthwhile.
Commissioner Long stated he attended the Town of Carr's meeting last night, to discuss the potential
closure of the Post Office, He stated the Town has requested that the Board draft a Resolution similar
to the one it approved regarding its opposition to closing the Town of New Raymer's Post Office. He
stated the circumstances are similar to the situation with the Town of New Raymer, where the number
of businesses which utilize the Post Office was underestimated. Commissioner Long stated the
process was different this time, with the public input being at the beginning of the 60-day comment
period, as opposed to near the end of the comment period. Commissioner Long stated the Post Office
wants to know more about the Niobrara Energy Park and what it might mean to the area, and he
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indicated he would provide public records to the Post Office which may provide an indication as to what
the Niobrara Energy Park could potentially mean to the area; however, he explained to the Post Office
the actual figures and construction timeframes are not available at this point. He stated he will proceed
with drafting a Resolution similar to the one approved for New Raymer, if the Board supports it.
Commissioner Rademacher indicated he is in support of the proposed Resolution.
Chair Pro-Tern Conway stated he had the pleasure of attending the groundbreaking for the State
Highway 39211-25 interchange which the North Front Range Metropolitan Planning Organization (MPO),
the Town of Windsor, and the City of Fort Collins have been involved in. He stated the interchange will
ease congestion for citizens traveling westbound from the Towns of Eaton, Severance, and Windsor.
Chair Pro-Tern Conway stated the Board of County Commissioners nominated Wayne Allard for
consideration for the Aspinall Award yesterday, which is the top award from the Colorado Water
Congress, for his contributions over the years on behalf of water storage.
BIDS:
PRESENT BID #61100097, COMPRESSED NATURAL GAS (CNG) FUELING STATION #1 FOR
UPPER FRONT RANGE - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance
and Administration, stated said bid will be presented for approval on September 14, 2011, and Pat
Persichino, Director, Department of Public Works, is present to answer any questions the
Commissioners may have.
PRESENT BID #B1100114, ENVIRONMENTAL SERVICES - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated said bid will be presented on September 14, 2011, and she stated the Board may want
to conduct a work session. She stated a lot of work has been invested into this bid, since it is
contracting services for new unique environmental activities, and she commended staff for their efforts.
In response to Chair Pro-Tem Conway, Commissioner Rademacher suggested a "pass-around"
document be initiated to determine whether the Board thinks a work session is necessary regarding this
bid.
NEW BUSINESS:
CONSIDER CORE SERVICES PROGRAM PLAN AND AUTHORIZE CHAIR TO SIGN: Judy Griego,
Director, Department of Human Services, stated this plan was reviewed by the Board as a
"pass-around" document, along with a memorandum dated August 19, 2011, and it is for the second
year of a three-year plan. She stated the allocation for the upcoming year is identical to 2010-2011
Program Year; no additional funds have been identified in the budget. She stated the budget is
$1,393,580.00, and the plan continues the current design programs. She stated renewal of the plan is
required, according to State statute. Commissioner Long moved to approve said plan and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER SIX (6) COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS FOR MULTIDISCIPLINARY YOUTH ASSESSMENT TEAM (MYAT)
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these agreements are continuing
agreements for the Multidisciplinary Youth Assessment Team (MYAT) Program, and the agreements
were reviewed by the Board as "pass-around" documents, along with a memorandum dated August 23,
2011. She stated the agreements are with Lifebridge Christian Church, for a maximum of $50,753.46;
North Range Behavioral Health, for a maximum of$88,266.88; the , the 19th Judicial District, Probation
Department, for a maximum of $44,133.44; Saint Vrain Valley School District RE-1J, for a maximum of
$40,483.90; the Department of Public Health and Environment, for a maximum of $44,133.44; and
Weld County School District RE-8, for a maximum of $44,133.44. She stated the agreements
commenced July 1, 2011, and end June 30, 2012; and the agreements are for the same amounts as
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last year. Commissioner Rademacher moved to approve said agreements and leases and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR COMMUNITY TRANSFORMATION GRANT AND AUTHORIZE
CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment,
stated this is a grant application to the Colorado Department of Public Health and Environment, and
Weld County is one (1) of four (4) regions which has been asked to submit an application. He stated
the purpose of the grant is minimizing and preventing chronic disease in the State of Colorado, and the
regions which were selected, in addition to Weld County, are Pueblo County; the rural Southeast
Region; and the rural San Luis Valley Region, with a total of 16 counties being represented. Dr.
Wallace stated there are various focus areas, and the memorandum he submitted lists all the focus
areas the counties may participate in; however, Weld County will not be focusing on all the areas. He
stated the Department has requested to focus on the activities it currently participates in, such as
restricting youth access to tobacco, the Farm to School Program, and implementing a standardized
community health worker model that will link individuals with early chronic disease with primary care.
He proposed the application be further discussed in a work session if the first round of the application
process is successful, when he will have more information about what the County will specifically be
required to complete. Dr. Wallace stated up to $333,934.00 may be granted to Weld County, and the
term of the grant program will commence October, 2011, and end September, 2012, with the
opportunity for four (4) additional one-year renewal terms. He stated the grant funding will help fund
some of the Department's existing staff who focus on chronic disease prevention and one (1) additional
staff member may be hired under the grant. Commissioner Garcia moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 17, 2011 - AMERICAN CANCER SOCIETY: In response to Bruce Barker, County
Attorney, Chair Pro-Tem Conway called up the following item of business for discussion in conjunction
with this item.
Roy Rudisill, Director, Office of Emergency Management, stated that in the process of reviewing the
applications, there were recommendations made by the Department of Planning Services. He stated
he has spoken to Deputy Lisa Carpenter, Sheriff's Office, who indicated she has no concerns about the
applications, and Chief Kane, Eaton Fire District, who has been involved with the event in previous
years, and he indicated he does not have any concerns about the event. He stated he will work with
the Sheriff's Office and the Eaton Fire District to determine whether an Incident Action Plan is
necessary. He stated the Sheriff's Office will be providing security for the event, and he does not have
any concerns about the applications. Mr. Barker stated the County has a long-standing relationship
with the Cancer Society conducting this event and it has done a great job each year with both its
application materials and the event. He stated Janet Carter, Department of Public Works, has
requested that there be no parking on the County Roads and that there be at least 600 parking spaces
available. He stated the Temporary Assembly Permit is required for events with more than 350 people,
and the Special Events Permit is a one-day liquor license, and he recommends approval of both
applications.
Mikaela Sandridge, Executive Director, American Cancer Society Greeley Office, stated the two (2)
items requested by the Department of Public Works have been addressed; there will be no parking on
the roadways and there will be parking available for 600 vehicles. She thanked staff for helping with
the event applications, and she stated she is excited for the American Cancer Society to conduct the
19th Annual Cattle Barons Ball in Weld County. Commissioner Rademacher inquired as to whether
there is language in the Resolution regarding not parking on County roads. Mr. Barker stated this
language is not in the existing Resolution; however, the Board can add it. Mr. Barker stated public
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notification was provided for this hearing, for both applications; therefore, the opportunity for public
testimony needs to be given. Ms. Sandridge stated she is proud to conduct this event in Weld County,
and it draws people from all over the State. She stated the volunteers are working hard to showcase
Weld County and the event. Chair Pro-Tem Conway provided the opportunity for public testimony for
both applications; however, none was given. Commissioner Garcia stated the application indicates two
(2) handicap accessible portable toilets and two (2) deluxe portable toilets will be provided, which seem
to be adequate numbers for the 950 people anticipated to attend the event. In response to
Commissioner Garcia, Mr. Barker stated the numbers of total portable toilets, handicap accessible
portable toilets, and deluxe portable toilets are determined by the number of people anticipated to be at
the event at any given time. Ms. Sandridge stated the maximum number of people anticipated to be in
attendance at any given time is 750, and the proposed number of portable toilets is the
recommendation of several different waste management companies. Commissioner Garcia stated he
calculated the number of 950 by including the volunteers and it represents the total number of people
which will be at the event. Ms. Sandridge stated that the American Cancer Society will be happy to
comply if it is determined that more portable toilets are required for the event, and the number was
simply selected based on the waste management companies' recommendations. In response to
Commissioner Garcia, Ms. Sandridge stated the number of portable toilets provided has been adequate
in the past. Chair Pro-Tem Conway disclosed he was the Co-Chair for this event last year and he is
serving on a related committee this year; however, he does not believe his involvement clouds his
objectivity on this matter. In response to Chair Pro-Tem Conway, Mr. Barker indicated he does not
need to recuse himself, since he does not see a conflict, and Chair Pro-Tem Conway's recorded
disclosure should be sufficient. Mr. Rudisill stated it is the recommendation from the Department of
Planning Services that there be open walk ways, in case an evacuation is necessary, and staff
submitted recommendations concerning generators and how the stage set-up needs to be in order to
be in compliance. In response to Commissioner Rademacher, Ms. Sandridge stated she has reviewed
the requirements, and the inspector and Fire Chief will complete an inspection the week of the event,
which may result in additional requirements. She stated the American Cancer Society intends to
comply with all the recommendations which are made. In response to Commissioner Rademacher, Ms.
Sandridge stated she is unsure as to whether the recommendations are the same as last year;
however, this event was held at the same location last year; therefore, she assumes the
recommendations have not changed. Chair Pro-Tem Conway indicated he believes the
recommendations were the same last year. Commissioner Rademacher moved to approve said
application, along with recommendations from the Department of Public Works regarding parking.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT FOR SEPTEMBER 17, 2011, AND
AUTHORIZE CHAIR TO SIGN - AMERICAN CANCER SOCIETY: Based on previous discussion,
Commissioner Garcia moved to approve said application and authorize the Chair to sign.
Commissioner Long seconded the motion. Chair Pro-Tem Conway stated he has been involved with
this event as a participant, as a committee volunteer, and as a Co-Chair in the past, and this is one of
finest events in the country. He stated he hopes a new record will be set this year, and last year the
event netted approximately $240,000.00 for cancer research and it has raised a total of $3.4 million
over its duration. He stated the event requires year-round planning and the planning for next year's
event will begin almost immediately after this year's event has concluded. Chair Pro-Tem Conway
stated he is proud to have this event occur in Weld County, and he requested that Ms. Sandridge
extend the Board's thanks to all the volunteers. In response to Commissioner Long, Mr. Barker stated
the language regarding parking does not need to be added to this Resolution. There being no further
discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 51 FROM CR 58 TO DEAD END: Ms. Carter stated
said closure commenced August 30, 2011, and will end September 2, 2011, in order to replace a
36-inch irrigation culvert, and road signs and barricades will be used throughout the closure.
Minutes, August 31, 2011 2011-2357
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have been received up to this date. She stated the Towns of Frederick and Erie indicated there are no
conflicts in their referral responses, and the Cities Dacono and Longmont, and the Town of Firestone
did not respond to the referral request. Ms. Martin stated the proposed modifications are consistent
with the overall theme and is consistent with the original Development Standards of AmUSR #1232;
therefore, staff is recommending approval of the application, along with the Conditions of Approval and
Development Standards.
In response to Chair Pro-Tem Conway, Frank Piacentino, Building Inspector, indicated he does not
have any additional information to provide. In response to Commissioner Garcia, Ms. Martin stated the
instruction in Condition #1.D regarding shading refers to a change to a map, and the right-of-way is
already denoted in another location. Further responding to Commissioner Garcia, Ms. Martin confirmed
the instruction is not referring to the removal of trees; it is just a map revision. Chair Pro-Tem Conway
stated there are just four (4) Commissioners present, and if the matter ends in a tie, Commissioner
Kirkmeyer will listen to the recorded meeting and make a determination to break the tie. He stated the
applicant has the right to request the matter be continued to another date when it can be considered by
a full Board, and he apologized for not mentioning it sooner.
Pam Hora, representative for the applicant, indicated they will proceed today, and she stated the
applicant, Jim Anderson, is present, as well as her colleague, Julie Cozad. She stated AmUSR #1232
was approved in the year 2009, to allow uses similar to guest farms and fairgrounds, and the Minor
Amendment is being requested for the changes specified by Ms. Martin. She reiterated the applicant
sent a letter to the surrounding property owners before submitting his application, and it was requested
that she be contacted with any comments; however, none have been received. Ms. Hora stated the
applicant is requesting the early release of the permit for the train station structure, rather than waiting
until the plat has been recorded, since he wants to have the train station installed before the Fall
Festival on September 24, 2011. She stated she has discussed this request with Trevor Jiricek,
Director, Department of Planning Services, and he indicated he does not have any concerns about
releasing the permit early. She stated the applicant has read through, and agrees with, all the
Development Standards, and she thanked staff for their assistance with the application. Commissioner
Rademacher inquired as to how the pumpkin will be secured on top of the silo. Ms. Hora stated the
project will need to be engineered; however, Mr. Anderson has discovered a local company which can
make the pumpkin out of styrofoam with a plastic cover, as opposed to fiberglass, and an engineer will
have to determine how the item will be secured. In response to Commissioner Rademacher, Ms. Hora
stated there will not be any lighting or signage on the pumpkin.
In response to Chair Pro-Tem Conway, Mr. Piacentino stated it will not be a problem to release the
building permit early. Chair Pro-Tem Conway provided the opportunity for public testimony; however,
none was given. In response to Commissioner Rademacher, Ms. Hora reiterated the applicant concurs
with all the Development Standards. Commissioner Garcia moved to approve Minor Amendment
#0002 to Site Specific Development Plan and Amended Use by Special Review Permit#1232.
Commissioner Rademacher seconded the motion. Commissioner Conway stated Anderson Farms has
always conducted business in a first class manner, and it is a wonderful asset to the community. He
thanked Mr. Anderson for his creativity and ingenuity in bringing fun to the citizens of Weld County and
its visitors. There being no further discussion, 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, August 31, 2011 2011-2357
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:41 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:S� EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
✓� Sea a�ro-Tem re .)BY:delY1A- IsQ
Deputy Oerk to the Boar
]:La F. Garcia
1861 O A¢ David E. Long
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Minutes, August 31, 2011 2011-2357
Page 7 BC0016
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