HomeMy WebLinkAbout20101300.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 16, 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, June 16, 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
Commissioner William F. Garcia
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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 14, 2010, as printed. Commissioner Long 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 Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated tomorrow he and
Commissioner Kirkmeyer will attend an Air Quality Control Commission hearing, in order to discuss a
letter the Board sent regarding the Rule Making hearing. Commissioner Kirkmeyer stated Bruce
Barker, County Attorney, will also attend the hearing.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CRVI-H-AZCO, LLC (CONY
FROM 05/26/10): Brenda Dones, Assessor's Office, stated this petition is for a vacant lot in the
Raspberry Hills Subdivision and the tax agent filed an appeal for an entire strip of lots, which were
being utilized for agricultural purposes, and the Assessor's Office changed the valuations based on
information which was submitted; however, this lot was not included in the initial request. She
recommended the Board approve an abatement, in the amount of $1,329.85. Commissioner Garcia
moved to approve said petition, based on staff's recommendation. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
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CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - KENNETH AND RANA
BACHMAN (CONT FROM 05/26/10): Ms. Dones stated this petition is for a two (2) acre vacant lot
surrounded by agricultural property, and she recommended an abatement be approved, in the amount
of $3,564.58. Commissioner Conway moved to approve said petition, based on staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SUMMER PARK
CONDOMINIUM ASSOCIATION (CONT FROM 05/26/10): Ms. Dones stated this petition is for the
clubhouse at Summer Park Condominiums, and staff had instructed the Summer Park Condominium
Association to submit a document indicating the clubhouse is owned by the Home Owner's Association
(HOA) prior to January 1, 2009; however, the document was not submitted until the year 2009. She
stated the clubhouse has always been part of the HOA amenities; therefore, it is recommended the
property be transferred to the HOA, and that an abatement be approved, in the amount of $11,879.86.
Commissioner Garcia moved to approve said petition, based on staff's recommendation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER EXPRESSION OF DESIRE TO COORDINATE PLANNING OF THE USE OF FEDERAL
LANDS IN WELD COUNTY, COLORADO: Mr. Barker stated there is a listing of State statutes in the
proposed Resolution, which provide authority to Weld County concerning planning for land use, and
Section 30-11-101(1)(k) of the Colorado Revised Statutes provides the legal authority to counties to
coordinate, pursuant to the National Environmental Policy Act (NEPA), as well as other statutes, with
the United States Secretary of the Interior and the United States Secretary of Agriculture, for land
management plans which address a variety of topics. He stated the County has the authority to
coordinate regardless of this Resolution; however, the Resolution provides an affirmative expression of
the County's intent to coordinate. Chair Rademacher read the Resolution into the record.
Commissioner Conway thanked Mr. Barker for working on this matter over the last several years, and
he stated the Board has studied this issue and it has had issues related to Federal agencies; however,
this Resolution will provide another tool to allow the Board a seat at the table regarding discussing
issues concerning Federal land. He stated he believes the Board already has powers; however, this
will assist the County by providing another tool for allowing the Board to be a part of policy making.
Commissioner Garcia concurred with Commissioner Conway, and he thanked Doug Meyer and Mick
Mizner, Weld County residents, and the American Stewards of the Range, for demonstrating how to
become involved with issues as constituents. He stated he is frequently asked by constituents what a
commissioner does and how it impacts them. Chair Rademacher stated this is only a tool and it does
not replace communication between government agencies.
Mr. Meyer thanked the Commissioners for the work they have accomplished for the public, and he
stated coordination is an important tool and he is pleased with the Resolution; however, the Board can
also coordinate with the State agencies. He stated he heard NEPA mentioned; however, he did not
hear the Federal Land Policy and Management Act (FLPMA), or the National Forest Management Act
(NFMA), included in the Resolution. He stated there are many State issues which affect property rights
and there are many people who cannot farm their properties due to issues with the State. Chair
Rademacher stated one of the main reasons the Board drafted this Resolution is because there are
many situations in which it may be applied. Mr. Meyer stated there are a number of people in
attendance at the meeting who support the Resolution, including a man from the Town of Fort Morgan,
which is planning on passing a similar resolution in the near future, and Washington and Lincoln
Counties have adopted coordination. He stated some of the ranchers from the Pawnee National
Grassland are also in attendance, and he thanked Mr. Barker for his efforts. Commissioner Conway
stated Mr. Meyer has been a faithful attendee at the Board meetings and he appreciates his
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participation and his role in this matter, and he thanked him for his due diligence as a citizen bringing
matters to the Board's attention.
Clair Orr, Weld County resident, congratulated the Commissioners for passing this Resolution. Mr. Orr
stated there was a radical environmental movement in the 1980s and 1990s which shut down
numerous timber projects and the mantra was "Cattle Free by '93"; therefore, local governments in the
States of Nevada and Utah began utilizing coordination. Mr. Orr stated there are too many local
governments not utilizing this tool, and he is excited the Board has taken this measure. He stated the
best government is one which is close to its people, and he commended and thanked the Board for its
efforts. Chair Rademacher stated he hopes the Board can work through issues with other government
agencies without utilizing this tool.
Mick Mizner, Weld County resident, suggested that an advisory board be created to help educate the
Board on this matter. In response to Commissioner Kirkmeyer, Mr. Mizner stated other counties have
created advisory boards related to this matter and it has been beneficial to those counties.
Chuck Miller, Weld County resident, thanked the Board for the opportunity to speak and he concurred
with the comments made by Chair Rademacher, as well as those made by Mr. Meyer and Mr. Mizner.
Chair Rademacher stated Mr. Miller was the first person who brought this matter to his attention.
Mr. Miller stated coordination is a unique tool, and adopting and invoking coordination is a tool for the
constituents to protect what is important to them. He stated the County has had cooperation with the
Federal agencies for almost 150 years, and now the County will have coordination, which the
Commissioners should remember when attending various meetings. He stated it is the constituents'
responsibility to inform the Board of issues affecting them. Mr. Miller thanked the Board for drafting the
Resolution, and he stated he has worked on this matter for approximately four (4) years as a concerned
constituent who wants to protect his livelihood. He stated he remains in close contact with the
American Stewards of Liberty, which was formerly American Stewards of the Range, and Kelly Grant,
who has a tremendous mind. Mr. Miller stated the only advisory committee which has been established
regarding this matter is in Lincoln County and it was established for the purpose of relocating a railroad.
He stated Morgan County is supposed to consider coordination next week and Washington County
adopted coordination in March, 2010; however, it initially adopted coordination in the year 1974, and it
has drafted a tremendous Resolution, which the Board should consider reviewing. He stated
coordination allows the Board to amend its Resolution anytime, and he recommended amending the
Resolution to include the State agencies. Chair Rademacher stated the Board understands
coordination can be utilized with any Federal or State agency.
Steve Wolf, Pawnee RE-12 School District, stated the District is in the process of invoking coordination
with the United States Forest Service. He stated the Pawnee National Grassland in Weld County has
private and State grasslands intermingled with the National Grassland, and the purpose of the District
invoking coordination is to allow cattle to graze on the grassland, as was allowed in previous years,
which creates an economic advantage and increases the tax base. He stated the policies of the School
District include not allowing any burning of the grassland, or the introduction of prairie dogs or any other
species not already on the land, to allow cattle, and to develop internships for the local schools. He
stated the nature of the plan will not be stagnant; it will continually be reviewed in light of the changing
environment and ecosystem. He stated the School District was contacted by the American Stewards of
Liberty to investigate coordination and since the School District is a government agency, it may
coordinate with the United States Forest Service. Mr. Wolf stated the School District has had several
meetings with the cattle ranchers and the School District voted to pursue coordination.
Commissioner Garcia stated the Grover Parade and the Earl Anderson Memorial will be taking place
this weekend and he will not be able to attend the events; however, he wants to wish the participants
well. In response to Mr. Wolf, Commissioner Long stated he will attend the events.
Minutes, June 16, 2010 2010-1300
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Mr. Miller stated it would be nice to have a meeting after the Board meeting where the constituents
would be able to discuss the matter among themselves and possibly one of the Commissioners can
attend. Chair Rademacher stated the Board has three (3) land use hearings to attend after the Board
meeting adjourns; however, the meeting can be scheduled for another time. Mr. Miller stated the Board
should consider including language concerning coordination in the Comprehensive Plan. Chair
Rademacher thanked everyone for attending, and he stated the Board invoked coordination last year
and it prevented a prescribed burn from occurring. He stated since the coordination last year, the
Board has experienced good communication with the United States Forest Service, and he meets
monthly with Lori Bell, District Ranger for Pawnee National Grassland. Commissioner Kirkmeyer
thanked everyone for attending and she requested that the attendees provide their names and email
addresses before leaving; therefore, the Board will know who participated in the meeting and the Board
will have the contact information to notify participants about future meetings on the topic. (Clerk's Note:
The names and contact information provided by the attendees at the meeting has been attached to the
Resolution, marked Exhibit A.) In response to Commissioner Conway, Mr. Barker stated this
Resolution is geared towards the Federal government; however, the concepts of coordination can be
utilized with any government agency. He stated there is nothing in the State law which is similar to the
concept of coordination as it is stated in Federal law; however, as a political subdivision which is
considered to be an armed State government, the County has the ability to coordinate with the State
and it is called upon daily to do so. Chair Rademacher stated the Resolution is a formality; however,
the County can invoke coordination at anytime.
An anonymous man, who did not state his name for the record, stated the constituents must come
forward to inform the Board about any problems they are facing, and he commended the Board for
addressing a matter which affects all the citizens of Weld County. He stated a signed document
regarding coordination is critical since different individuals will be elected to the Board over time.
Commissioner Long thanked everyone for attending, and he stated he appreciates the input. He stated
the Board works for the constituents; however, the Commissioners cannot be aware of every issue and
have all the information on every issue; therefore, working in cooperation and partnership with the
constituents is beneficial. Commissioner Long moved to approve said 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.
Minutes, June 16, 2010 2010-1300
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT ORADO
ATTEST • Dou Radema h , Chair
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Weld County Clerk to t 16� +
A B rbara Kirkme r, Pro- em
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Minutes, June 16, 2010 2010-1300
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