HomeMy WebLinkAbout20102219.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 22, 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, September 22, 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 Long moved to approve the minutes of the Board of County Commissioners
meeting of September 20, 2010, as printed. Commissioner Conway seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Garcia moved to add the following Presentation to the
Agenda: 3) Dearfield 100th Year Anniversary Celebration —September 26, 2010; and the following New
Item of Business: 4) Consider Amendment #1 to Community Services Block Grant (CSBG) Agreement
and authorize Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, indicated he spoke to the Board on
September 8, 2010, about preparing for the most dangerous session in Congress and he submitted a
document into the record on that date, marked Exhibit B. He stated the Development, Relief, and
Education of Alien Minors (DREAM) Act has been included in the Defense Authorization Bill, and
Senator Harry Reid wants to include the Clean Water Restoration Act, SB787; the Wildlife Corridor
Conservation Act, HR5101; and the Consolidated Land, Energy and Aquatic Resources (CLEAR) Act,
HR3534, all under the new Farm Bill. He stated that he previously invited the Board to attend a
meeting last Wednesday in the City of Fort Morgan, and the attendees discussed this topic; however,
none of the Commissioners were able to attend.
Mr. Meyer indicated he submitted a document into the record on September 20, 2010, marked
Exhibit A, regarding nine (9) reasons to avoid cooperating agency status. He stated the duty to
coordinate is not subject to limitations, other than the failure of the local government to exercise the
authority granted to it by Congress. He stated courts have determined if Congress defines a word in
one (1) statute and uses the same word in a sister statute, it is intended to apply to all similar statutes;
therefore, the criteria defined in the Federal Land Policy Management Act (FLPMA) of 1976 applies to
Minutes, September 22, 2010 2010-2219
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every other Federal statute where Congress directs the agencies to coordinate with the local
government. Mr. Meyer stated many State agencies are also obligated to coordinate with the local
governments, for example, the State of California has over 25 State statutes requiring coordination. He
stated State agencies may also be required to coordinate with the local governments when the
agencies are linked to a Federal agency which is obligated to coordinate.
Mr. Meyer indicated he found an item from Sharon Krogan in his files, who has spoken to the Board
regarding 1041 powers, and she wants people to know the Aaron water pipeline project will be
constructing a 60 to 120-inch pipeline with lift stations throughout the route to move water uphill, within
the super slab corridor, and prime agricultural land will be in danger. Commissioner Garcia indicated
he will research the matter.
Commissioner Conway stated the DREAM Act was defeated yesterday afternoon, among other
provisions in the Defense Authorization Bill, in a cloture vote; therefore, those issues have been
addressed for the remainder of the legislative session. He stated the new Farm Bill will not be
complete until the year 2012, and it is unlikely there will be any action regarding the existing Farm Bill in
the remaining weeks of this legislative session. Mr. Meyer indicated many Bills cannot pass on their
own; therefore, the Bills will be bundled and included as parts of other Bills, and he has heard this will
be occurring within the new Farm Bill. Commissioner Conway stated he and Chair Rademacher
attended a listening session conducted by Senator Michael Bennet and Congresswoman Betsy Markey
at Aims Community College, where many items were discussed which may be included in the new
Farm Bill.
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, FAIR BOARD - HOLLEE HAYES: Chair Rademacher read the
certificate into the record, recognizing Hollee Hayes for two (2) years of service on the Fair Board.
Commissioner Conway stated he served with Ms. Hayes on the Fair Board over the past year, and she
has been a valuable member. He thanked Ms. Hayes for her service to the citizens of Weld County.
Chair Rademacher concurred with Commissioner Conway, and he stated the Fair Board is one (1) of
the most difficult boards to serve on, and the Fair Board is very active.
RECOGNITION OF SERVICES, AREA AGENCY ON AGING ADVISORY BOARD — DR. JERRY WEIL:
Chair Rademacher read the certificate into the record, recognizing Jerry Weil for two (2) years of
service on the Area Agency on Aging Advisory Board. Commissioner Garcia stated he served with
Dr. Weil on the Area Agency on Aging Advisory Board, and Dr. Weil has been a great asset to the
community and to the Area Agency on Aging Advisory Board. Commissioner Conway concurred with
Commissioner Garcia, and he stated Dr. Weil takes his responsibilities seriously and he has been a
valuable resource to the Area Agency on Aging Advisory Board.
DEARFIELD 100TH YEAR ANNIVERSARY CELEBRATION - SEPTEMBER 26, 2010: Chair
Rademacher read the certificate into the record, recognizing September 26, 2010, as the 100th
Anniversary of the Town of Dearfield. He commended Commissioner Garcia for his involvement with
leading this effort. Commissioner Garcia stated that Commissioner Conway will be attending the
celebration and he will read the certificate at the event. Commissioner Conway stated the activities this
weekend would not have happened without Commissioner Garcia's diligence and tenacity. He stated
Commissioner Garcia has successfully utilized available resources, for example, he utilized AmeriCorp
to stabilize several buildings after a blizzard in the year 2007, and he has been active in obtaining
recognition of the historical significance of the area. Commissioner Kirkmeyer commended
Commissioner Garcia for his work on this matter.
Minutes, September 22, 2010 2010-2219
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COMMISSIONER COORDINATOR REPORTS: Commissioner Garcia stated tonight and tomorrow will
be the final work session and meeting for the Northern Colorado Cultural Tourism Alliance. He stated
there will be a meeting tonight, from 5:00 p.m. to 8:00 p.m., in the Del Camino area within the City of
Longmont, and another meeting tomorrow, from 5:00 p.m. to 8:00 p.m., at the Community Center in the
City of Fort Lupton. He indicated the first two (2) meetings went well, and if anyone would like to
attend, they should consider what they would want to show a visiting family member in their community
and what makes Weld County unique. Commissioner Garcia indicated Weld and Larimer Counties are
partners in a grant to complete tourism planning, and the Counties are collaboratively working to create
tools for marketing the area, for the tourism sites and for those in the hospitality industry.
Commissioner Kirkmeyer indicated she plans on attending the meeting tomorrow and she is looking
forward to it.
Commissioner Kirkmeyer commended Commissioner Conway for his role in organizing the Cattle
Barons Ball, which is a premier fundraising event for the American Cancer Society. She stated the
Cattle Barons Ball was last Saturday and it brought a great deal of people to Weld County and the
event was excellent. Chair Rademacher stated he also attended the Ball, and he commended
Commissioner Conway for doing a fantastic job organizing the event. Commissioner Conway stated
the event was a team effort and there was an outstanding committee which planned the event, which
Commissioner Kirkmeyer participated on, and he thanked Commissioner Kirkmeyer for her hard work
towards making the event successful. He stated it was one (1) of the highest attended Cattle Barons
Balls, which is special in these difficult economic times. Chair Rademacher stated more than
700 people attended the Ball.
Commissioner Conway indicated he met with the Town of Erie last Tuesday, and the Town agreed to
send a letter to the Governor supporting Weld County's request to delay the Emissions Program. He
stated the Mayor of Mead has also indicated he will send a letter in support of Weld County's request;
therefore, the number of entities that are requesting the Emissions Program be delayed is increasing,
and he hopes the Governor will notice. He indicated the Colorado Department of Public Health and
Environment will be providing information about the Emissions Program on Saturday, from 10:00 a.m.
to 12:00 p.m., at the Aims Community College Administration Building; however, no public input will be
allowed and a number of citizens are frustrated by that.
Commissioner Long indicated that Colonel Skip Johnson, resident of Weld County and Commander of
the 137th Space Warning Squadron, Colorado Air National Guard, has volunteered to travel to Kabul,
Afghanistan, in November, 2010, and he has been appointed to be in charge of the entire United
Nations command, under General David Petraeus. Commissioner Conway stated Colonel Johnson will
be in his thoughts and prayers, and Chair Rademacher concurred.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN CR 80 AND SH 14: Janet Carter,
Department of Public Works, stated said closure will commence September 27, 2010, through
November 19, 2010, in order to construct a bridge. She stated the average daily traffic count for
County Road 37 is 425 vehicles, according to a traffic count conducted in the year 2008, and
magnesium chloride will be utilized for dust control on the gravel portion of County Road 80. She
stated road signs, barricades, and message boards will be utilized to notify drivers of the closure.
Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Garcia,
the motion carried unanimously.
Minutes, September 22, 2010 2010-2219
Page 3 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 100 AND AUTHORIZE CHAIR TO SIGN - SLAWSON EXPLORATION (WESTERN DIVISION):
Don Carroll, Department of Public Works, indicated this portion of County Road 100 is located
approximately one (1) mile south of the location of the last two (2) nonexclusive license agreements he
has presented to the Board, and the area north of the Town of Briggsdale is rapidly becoming
developed. He stated this agreement is for County Road 100, between County Roads 73 and 75, to
the Boomerang Well site. He stated staff has contacted the adjacent property owners and no negative
feedback was received. In response to Chair Rademacher, Mr. Carroll confirmed the Board will likely
be considering a number of nonexclusive license agreements for this area in the near future, and he
stated he is currently working on several agreements for the area with various permitting agencies.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Commissioner
Garcia seconded the motion. Commissioner Kirkmeyer requested a contact e-mail address for
Slawson Exploration, in order to invite the employees to attend a meeting on October 12, 2010.
Ms. Carter indicated she has already extended the invitation to Slawson Exploration. There being no
further discussion, the motion carried unanimously.
CONSIDER STATEMENT OF OPPOSITION TO PROPOSITION 102: Bruce Barker, County Attorney,
indicated the Board requested that he draft this Resolution, and the second paragraph of the Resolution
indicates the two (2) changes which will occur to 16-4-105(3)(d), C.R.S., if Proposition 102 passes. He
stated if the Proposition passes, the lawful criteria will be altered to prohibit the release of a defendant
on an unsecured bond to supervision by a Pretrial Services Program, unless the defendant is arrested
for a first offense on a non-violent misdemeanor; therefore, the number of defendants which are
ineligible for a pretrial services program, and must remain in jail, will increase. In response to Chair
Rademacher, Mr. Barker confirmed this would have an immediate and direct effect on the jails.
Commissioner Kirkmeyer stated Proposition 102 would require more pretrial defendants to remain in
custody, and she indicated that she supports a Resolution opposing Proposition 102, since it will
increase costs to Weld County, and it will cause a successful program in Weld County to be severely
limited. Commissioner Conway inquired about the fiscal consequences to the County if Proposition 102
passes.
Doug Erler, Justice Services, commended the Board for placing this Resolution on the Agenda, and he
stated Proposition 102 has many objectionable elements. He stated there are approximately
120 people in the Pretrial Supervision Program, with personal recognizance bonds, which is a "promise
to appear" bond, and if Proposition 102 passes, those people will have to post a money bond, or they
will have to stay in jail. He stated these are defendants the courts have deemed to be low-risk and the
courts have set appropriate conditions of the defendants' pretrial releases. Mr. Erler stated if
Proposition 102 passes, it will have a significant fiscal impact on every county in the State, and the
Colorado Legislative Council has estimated it will have a fiscal impact in the amount of $2,500,000.00;
however, he thinks that amount is severely underestimated, due to the daily costs of retaining
defendants in jail. He stated this is an initiative driven by bondsmen to gain money and control, and
decision making powers will be taken away from the courts, district attorneys, and county officials.
Mr. Erler indicated Proposition 102 goes against everything pertaining to fair justice and it will have a
societal impact, including impacting the Department of Human Services by preventing people to care
for their families, as well as preventing people from retaining their jobs and paying taxes.
Chair Rademacher inquired as to whether Mr. Erler has been tracking the polls in regards to
Proposition 102. Mr. Erler indicated he has not had the resources available to track the polls on
Proposition 102; however, he is concerned that Proposition 102 reads as a public safety measure to the
common citizen when it really is not, and he hopes the voters will be able to envision the consequences
which will occur if it passes. Commissioner Garcia stated he has worked on the Pretrial Services
Advisory Board with Mr. Erler, and it includes judges, district attorneys, members from the community,
Minutes, September 22, 2010 2010-2219
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and the Public Defender. He stated the Pretrial Services Advisory Board has worked hard at ensuring
the public safety, good supervision of the people in the Pretrial Services Program, and not letting
people with a propensity to violent crime into the Program. He inquired as to whether Proposition 102
will remove the choice for people to participate in a Pretrial Services Program, as opposed to post a
money bond. Mr. Erler clarified it will remove the choice of the courts, since if a court wants to utilize a
Pretrial Services Program, it will be required to issue a cash property or commercial surety bond on the
defendant, and the only time the courts will be able to assign an individual to Pretrial Services with a
personal recognizance bond, is when it is a first offense for a non-violent misdemeanor, which is
approximately .5 percent of the people who are arrested. He indicated Pretrial Services Programs
typically supervise individuals on a commercial surety bond; therefore, Pretrial Services Programs
assist the bondsmen in their business endeavors, and Pretrial Services Programs facilitate more court
appearances than the bondsmen. Commissioner Kirkmeyer moved to approve said Resolution.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO COMMUNITY SERVICES BLOCK GRANT (CSBG) AGREEMENT
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated
this amendment was reviewed at a work session this morning and it affects Community Services Block
Grant (CSBG) American Recovery and Reinvestment Act (ARRA) funds. She stated the Department
wants to add a new activity to the agreement, which is providing resources for food donations to the
Weld County Food Bank, and the funds must be incurred by September 30, 2010. Commissioner
Conway moved to approve. Commissioner Kirkmeyer seconded the motion, which 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 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
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David E. Long
Minutes, September 22, 2010 2010-2219
Page 5 BC0016
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