HomeMy WebLinkAbout20103077.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 29, 2010
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, December 29, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway— EXCUSED
Commissioner William F. Garcia — EXCUSED
Commissioner David E. Long
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 December 22, 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2011-1 by
tape. Commissioner Long seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on December 22, 2010, as follows: 1) USR #1758 - Javier Barron-Sixtos, and
2) USR#1759 - Kurt and Becki Schwader. Commissioner Kirkmeyer seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Long moved to add the following item of New Business:
1) Consider Agreement for Professional Services and authorize Chair to sign — William Jerke, as the
first item of business, and to renumber the Agenda accordingly. Commissioner Kirkmeyer seconded
the motion, which carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated Senate Bill 303 is likely to pass and it will
harm agriculture, and he read part of a related article into the record.
He stated the State of Alaska has filed a lawsuit against the U.S. Fish and Wildlife Service regarding its
decision to set aside 187,000 square-miles for the polar bear.
'o �1 Minutes, December 29, 2010 2010-3077
Page 1 BC0016
He indicated 44 States are adopting laws similar to Arizona's illegal immigration law, and he suggested
perhaps the Constitution can be amended to reflect a change, since more than three-quarters of the
States are in favor of it.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES — HOPE REYEZ: Chair
Rademacher read the certificate into the record, recognizing Hope Reyez for 18 years of service with
the Department of Human Services.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #61000167, ELEVATOR MAINTENANCE - DEPARTMENT OF BUILDINGS AND
GROUNDS: Monica Mika, Director of Finance and Administration, stated this bid was presented
December 13, 2010, and Toby Taylor, Department of Buildings and Grounds, submitted a letter
suggesting the Board accept the second lowest bid, since the lowest bid will only provide three (3) to
four (4) inspections per year; whereas, Kone, Inc., will provide three (3) additional site visits per year.
She stated the bid needs to be modified to include the elevators in the court house, which are not
currently under warranty. Commissioner Long moved to approve the second lowest bid from Kone,
Inc., in the amount of $116,273.00, based on staff's recommendation. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN —
WILLIAM JERKE: Bruce Barker, County Attorney, stated William Jerke will solicit and encourage oil
and gas service companies, which are completing services for operators within Weld County, to report
the employees' home addresses to the Colorado Department of Revenue, and information will
subsequently be provided to the County from the Colorado Department of Local Affairs regarding the
number of employees from which compensation was determined.
William Jerke indicated he is present to answer questions. Commissioner Kirkmeyer inquired as to
whether the agreement should specify both the oil and gas service companies and the operators need
to report the employees' addresses. Mr. Barker confirmed both the oil and gas service companies and
the operators need to report the employees' address information. He indicated the operators typically
report the information regarding their employees; however, the service companies' employees tend to
be forgotten. Commissioner Kirkmeyer stated this requirement applies to industries which pay either a
Federal mineral lease or severance taxes, and there are some new operators which may not be aware
of the requirement. Responding to Commissioner Kirkmeyer, Mr. Barker suggested 3.a. be modified to
state, "Contractor shall solicit and encourage oil and gas service companies performing services for oil
and gas operators working within Weld County to report their employees' home addresses to those
operators for inclusion into the information being provided to the State." Chair Rademacher inquired as
to whether simply removing the word service from the sentence will correct the issue. Commissioner
Kirkmeyer clarified the sentence seems to only apply to the subcontractors and to not apply to the
operators. In response to Chair Rademacher, Mr. Jerke indicated he will defer to Mr. Barker to
determine the best language to include both the operators and the service companies in the
agreement, which is important since there are a number of new companies that are qualified as
operators, and the County wants to ensure those new companies understand the reporting
requirement. He stated the operators need to understand the reporting requirement, in order to include
Minutes, December 29, 2010 2010-3077
Page 2 BC0016
the service companies, which report through the operators. Commissioner Kirkmeyer suggested the
language state, "Contractor shall solicit and encourage oil and gas operators and oil and gas service
companies performing services for those oil and gas operators...". Mr. Barker suggested the second
sentence be modified to state, "The operators will then be encouraged by the contractor to report such
information to the Colorado Department of Revenue..." He stated the oil and gas operators are
supposed report the information by law; however, Mr. Jerke will be encouraging the companies to
report the information. Commissioner Kirkmeyer reiterated she is concerned that the language should
specify the operators also need to report the information for their own employees, as well as the service
companies, since there are new operators which are not aware of the requirement. In response to
Mr. Barker, Commissioner Kirkmeyer indicated she will be satisfied as long as the language covers
both the operators and the service companies. Commissioner Kirkmeyer stated she and Commissioner
Conway participated in a successful meeting with the Bullseye group of mayors, and the mayors are
wondering how they can encourage the operators to report; therefore, she is wondering whether
Mr. Jerke has any suggestions. Mr. Jerke indicated he would be happy to attend an upcoming Bullseye
Meeting to discuss the matter. Commissioner Long moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. (Clerks
Note: Following the meeting, Mr. Barker modified some of the language in the agreement, based on
the suggestions provided by the Board.)
CONSIDER RIGHT-OF-WAY USE PERMIT AND ACCEPT COLLATERAL FOR TWO (2) YEAR
WARRANTY OF WORKMANSHIP - DCP MIDSTREAM, LP: Janet Carter, Department of Public
Works, indicated the collateral for Right-of-Way Use Permit #R10-004012 is a bond in the amount of
$40,000.00, in order to install a 20-inch gas pipeline between County Roads 47 and 49, crossing
County Roads 34.5, 38, 42, 44, 46, 48, 50, 52, and 54. She stated the bond will ensure that any
damage to the roads, after the construction is complete, will be repaired. In response to Chair
Rademacher, Ms. Carter confirmed the amount of the bond has been deemed to be adequate. In
response to Commissioner Kirkmeyer, Ms. Carter confirmed a new pipeline is being installed, and she
stated a Use by Special Review (USR) Permit is not required because the work is occurring on private
property; however, she can follow up with the Department of Planning Services for more information as
to why a USR Permit was not determined to be necessary. Commissioner Kirkmeyer stated Xcel
needed a USR Permit when it installed a pipeline on private property and underneath County roads,
since it was considered a major public facility. Ms. Carter stated this is a smaller pipeline and some of
the crossings actually just cross County rights-of-way and not actual roads, which may be one (1) of the
reasons why a USR Permit is not required. She stated Dave Bauer, Department of Public Works, just
indicated to her that the reason a USR permit may not have been required is because it is a private
pipeline, as opposed to a public facility; however, she will follow up with the Department of Planning
Services to make sure it is aware of this project. Commissioner Kirkmeyer moved to approve said
permit and accept said collateral for the Two (2) Year Warranty of Workmanship. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITIONS TO VACATE A PORTION OF CR 41 BETWEEN CRS 110 AND 114, CR 110
BETWEEN CRS 41 AND 43, CR 112 BETWEEN CRS 41 AND 43, CR 43 BETWEEN CRS 108.5 AND
116, AND CR 116 BETWEEN CRS 43 AND 45 - LARRY AND ALICE HOFFNER: Mr. Bauer stated
back in October, 2010, Slawson Exploration Company, Inc., requested access to a County right-of-way,
where there is not a road constructed, through a nonexclusive license agreement, since it had the rights
to drill a well on an adjacent property, and the Board deferred making a decision on the matter. He
stated Slawson Exploration Company, Inc., has obtained a one (1) year extension to drill the well;
therefore, it has deferred its request to upgrade the right-of-way to be able to serve as an access road.
He stated Slawson Exploration Company, Inc., has approximately 14 wells planned in this area.
Mr. Bauer stated Larry Hoffner, petitioner, owns several properties in the area and he has requested
the rights-of-way adjacent to his properties be vacated; however, the Department of Public Works does
Minutes, December 29, 2010 2010-3077
Page 3 BC0016
not want to lose the potential future use of the rights-of-way for roads, public utilities, powerlines, and
access for mineral development. In response to Commissioner Kirkmeyer, Mr. Bauer confirmed
Mr. Hoffner has requested the rights-of-way be vacated due to concerns about future oil and gas
activity damaging his properties. There were no representatives for Larry and Alice Hoffner present.
Paul Morris, Slawson Exploration Company, Inc., stated the nonexclusive license agreement has not
been pursued since the company is not going to drill in the immediate future; however, there are other
leases it has on properties in the area which may be landlocked without the use of the County public
rights-of-way, which will prevent the company from accessing the lands or force the company to deal
with surrounding property owners who can charge whatever amount they want to allow access to the
properties. He requested the County retain its rights-of-way, and he stated Slawson Exploration
Company, Inc., intends to try to access this area again late next spring. In response to Commissioner
Kirkmeyer, Mr. Morris stated Slawson Exploration Company, Inc., has drilled three (3) wells so far, all of
which have been on property owned by Lazy-D, and surface use and access agreements have been
worked out when necessary. He indicated Slawson Exploration Company, Inc., has obtained
extensions for the other wells; therefore, it has not needed to maintain or use the County rights-of-way
up to this point. He indicated more drilling by Slawson Exploration Company, Inc., will commence in
January, 2011. Commissioner Kirkmeyer stated she is not in support of vacating the County
rights-of-way due to the oil and gas activity occurring in the area; however, she understands the
concerns that Alice Hoffner, petitioner, expressed in her letter about wind, erosion, trash, and litter.
She stated Ms. Hoffner's concerns will be addressed when the nonexclusive license agreement is
entered into. Chair Rademacher indicated the Board prefers not to vacate County rights-of-way.
Commissioner Long stated the Board cannot landlock potential oil and gas wells, and he does not
support the request; therefore, he will not make a motion. In response to Commissioner Long,
Mr. Barker confirmed that when a motion is not made or when a motion is made, yet not seconded, the
item of business dies. In response to Commissioner Kirkmeyer, Mr. Barker confirmed the Board may
also move to deny the request. Commissioner Kirkmeyer moved to deny said petitions to vacate
various portions of County roads. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO AGREEMENT FOR SECTION 5311 AND AUTHORIZE CHAIR TO
SIGN: Barbara Connolly, Controller, stated this is a contract with CDOT (the Colorado Department of
Transportation) for transportation funds. She indicated this is the second year of a two (2) year
contract, and the amendment is being considered as a formality, for the Board to indicate it still wants to
accept the funds; however, CDOT is not altering the amount which was initially requested. She stated
the administrative funding totals $68,750.00, and the operating costs total $214,000.00. Commissioner
Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PERMIT AGREEMENT FOR SEISMOGRAPHIC SURVEY AND AUTHORIZE CHAIR TO
SIGN - GEOKINETICS USA, INC. (PERMIT #5811): Bruce Barker, County Attorney, stated this and
the following item of business only concern minerals; therefore, no payments are required. He
indicated he has been requesting $7.50 per acre on the agreements where the County is the surface
owner, as requested by the Board, and some of those agreements will be coming before the Board in
the near future. He indicated the item of business regarding rescinding Resolution #2010-2541 is the
result of Geokinetics USA, Inc., requesting additional acreage be included in the agreement which is
the following item of business; therefore, the following item of business includes the increased acreage
and then the next item of business rescinds the previous Resolution regarding the agreement, in order
to clarify one (1) agreement is replacing the other. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
Minutes, December 29, 2010 2010-3077
Page 4 BC0016
CONSIDER PERMIT AGREEMENT FOR SEISMOGRAPHIC SURVEY AND AUTHORIZE CHAIR TO
SIGN - GEOKINETICS USA, INC. (PERMIT #2036): Based on previous discussion, Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RESCINDING RESOLUTION #2010-2541, DATED OCTOBER 25, 2010, AND MODIFIED
PERMIT AGREEMENT FOR SEISMOGRAPHIC SURVEY, AND AUTHORIZE CHAIR TO SIGN -
GEOKINETICS USA, INC.: Based on previous discussion, Commissioner Kirkmeyer moved to rescind
Resolution #2010-2541, dated October 25, 2010, approve said modified agreement, and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO GREELEY-WELD COUNTY AIRPORT AUTHORITY BOARD:
Commissioner Long moved to reappoint Commissioner Garcia to the Greeley-Weld County Airport
Authority Board, with a term to expire December 31, 2014. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Kirkmeyer moved to appoint David Bressler to the Regional Communications Advisory
Board, with a term to expire December 31, 2013. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER REAPPOINTMENT TO WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:
Commissioner Long moved to reappoint Robert Hessler to the Weld/Larimer Revolving Loan Fund
Committee, with a term to expire December 31, 2013. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner
Kirkmeyer moved to reappoint Tammy Fisher, Julianne Haefeli, Larry Burkhardt, and Jeff Goody to the
Workforce Development Board, with terms to expire December 31, 2013. Seconded by Commissioner
Long, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2011-1, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Ms. Mika stated a work session was conducted regarding this
Ordinance, where a discussion concerning modifying a surcharge occurred, and the proposed
language has been reviewed by the Board. She indicated the Board promised it would provide special
notification of the proposed Ordinance to the waste providers within Weld County, and the second
reading is on January 17, 2011, which will provide enough time for the waste providers to review the
Ordinance if the notifications are quickly sent out. Chair Rademacher provided the opportunity for
public testimony; however, none was given. Commissioner Long moved to approve
Ordinance#2011-1, on first reading. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2011-1.
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 29, 2010 2010-3077
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
:A:7
COUNTY, COLORADO
I � //
ATTEST: • cx
Douglas f3�ademacher Chair
Weld County Clerk to the r•ar. ,f ' �/
1861 ( ;rQ �
'_ %1
arbara Kirkmeyef, Pro-Te m
BY: _// . M ��'�t .� `
Deputy Clerk to the B. Pg , EXCUSED
`tom Sean P. Conway
EXCUSED
Willikirm F. Garcia
David E. Long
Minutes, December 29, 2010 2010-3077
Page 6 BC0016
Hello