HomeMy WebLinkAbout20102445.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 13, 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, October 13, 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- EXCUSED
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 October 11, 2010, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Robert Nauta, Weld County resident, stated he is speaking on behalf of the home
owners located on County Road 98, between County Roads 17 and 19, and west of the Town of Nunn.
He indicated he spoke to Commissioner Long earlier this year about upgrading County Road 98 and
adding it to the County's list of maintained roads, and the home owners met with Dave Bauer and Don
Carroll, employees of the Department of Public Works, on August 6, 2010, regarding bringing the road
up to County specifications. He indicated Mr. Bauer and Mr. Carroll mentioned the home owners could
set up a 10-year local taxing district to pay for the road upgrades, and he is present today to seek the
initial approval from the Board of County Commissioners, since Mr. Bauer and Mr. Carroll indicated it
would be a good idea to speak to the Board, to make sure it is a reasonable plan to create a taxing
district and add the road to the County's list of maintained roads.
In response to Chair Pro-Tem Kirkmeyer, Bruce Barker, County Attorney, indicated a petition will need
to be presented to the Board with signatures from a certain percentage of the property owners who will
benefit from the improvements and be subject to the lien on the property, and it should be able to be
paid over a 10-year period of time. He indicated that local improvement districts have been set up
mainly for paving roads in rural subdivisions; however, the districts can be formed for other local
improvements as well, when there is a group interested in completing the improvements. Mr. Nauta
stated there are seven (7) home owners along County Road 98 and there are approximately four (4)
other properties that either have frontage to County Road 98 or require access from it, and all the
Minutes, October 13, 2010 2010-2445
\\'E'er Page 1 BC0016
property owners except one (1) has indicated they are in favor of the improvements. Mr. Barker stated
he will talk to Mr. Nauta about the petition after the Board meeting today, if Mr. Nauta is able to wait.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE - GARVIN
WESTHOFF: Chair Pro-Tem Kirkmeyer read the certificate into the record, recognizing Garvin
Westhoff for his service on the Building Trades Advisory Committee. Commissioner Conway thanked
Mr. Westhoff for his service, in this important role, to the citizens of Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER GRANT APPLICATION FOR VARIOUS PROJECTS TO INCREASE ACCESS TO
HEALTHY FOOD AND PHYSICAL ACTIVITY OPPORTUNITIES IN WELD COUNTY AND
AUTHORIZE CHAIR TO SIGN — COLORADO HEALTH FOUNDATION: Dr. Mark Wallace, M.D.,
Director, Department of Public Health and Environment, stated this application was discussed at the
Board's work session on Monday, and the grant will allow the Department to continue the activities it
started under the Livewell and Steps to a Healthier Weld Programs, to improve access to healthy foods
and physical activity. He stated the Colorado Health Foundation is interested in supporting these types
of projects and Weld County is in a position to provide innovative models for how the projects can be
provided in similar communities. He stated Weld County has a unique mix of municipalities and
communities within it, while other Counties may contain just one (1) large community; therefore, Weld
County has a unique opportunity to create models for providing access to healthy food and healthy
living which are different from the models for other areas. Dr. Wallace stated the Master Gardener
Program, and other Extension Office activities, may be able to be incorporated into the second year of
these grant activities, as was suggested by the Board, which provides opportunities for additional
innovation, such as community gardens and year-round farmers markets. He stated the staff will be
provided from the current staff at the Department of Public Health and Environment, and the grant
period will be January 1, 2011, through December 31, 2012. He stated the total amount of the grant
request is $394,228.00. Commissioner Conway stated future coordination with the Weld County
Extension Office was discussed at the Board's work session and Dr. Wallace has indicated there are
some unusual opportunities for future partnerships and that this grant provides a unique opportunity for
Weld County to create a model project. Commissioner Garcia thanked Dr. Wallace and his staff for
considering the underserved communities, such as the Town of Milliken, and not just considering the
City of Greeley. Dr. Wallace indicated he appreciates Commissioner Garcia's comments and he stated
it is sometimes a struggle to make the pilot programs work. He stated he is excited to include the Town
of Milliken in the project, and the Department is working hard to move away from programs focused on
the City of Greeley. Commissioner Garcia moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR FAMILY SMOKING PREVENTION AND TOBACCO
CONTROL ACT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this contract was discussed
at a work session conducted on Monday, and it is a new contract with the Colorado Department of
Public Health and Environment, to participate in the Family Smoking Prevention and Tobacco Control
Act. He stated the U.S. Food and Drug Administration (FDA) has new authority over tobacco, and this
is a program which fits well with, and is consistent with, the activities which have been ongoing in Weld
County to focus on limiting youth's access to tobacco. He stated this is an interesting time regarding
tobacco programming for education and prevention, since Amendment 35 has traditionally funded
those activities, and those funds have been redirected by the State, in order to fill in the budget in other
Minutes, October 13, 2010 2010-2445
Page 2 BC0016
areas, due to the State's budget concerns. Dr. Wallace stated this contract is for new Federal funding
which will provide for a 1.0 Full-Time Equivalent (FTE) position to be dedicated to conducting work with
retail stores which sell tobacco, to ensure those stores are not selling tobacco products to youth, and to
enhance related activities to increase compliance in preventing youth access to tobacco. He stated
concerns about the youth inspectors were discussed at the work session and Gaye Morrison,
Department of Public Health and Environment, has researched those issues and she is present to
speak to the Board.
Ms. Morrison indicated she spoke to the Colorado Department of Public Health and Environment
yesterday and the person she spoke to indicated the State intentionally wrote the part of the agreement
referring to the youth inspectors vaguely, in order to allow the County leeway regarding how it can
employ youth; therefore, the County may hire the youth through the youth program, through temporary
agencies, or the employees may be contracted. She stated the State did specify the youth inspectors
must have insurance and she indicated she spoke to an employee at the Weld County Department of
Human Services, who has indicated she would be happy to assist the Department of Public Health and
Environment with this matter. She stated the Department of Human Services currently employs youth
ages 15 through 17, as this project will require. Commissioner Conway stated at the Tobacco Free
Coalition meeting yesterday, someone indicated to him there has not been good coordination on this
matter between the FDA and the Colorado Department of Public Health and Environment, and he
requested that Ms. Morrison check that the FDA concurs with the State on the information she
obtained. Ms. Morrison confirmed she will follow up on the matter. Commissioner Conway indicated
he thinks the issues center around turf disputes and he would simply hate for Ms. Morrison to make
decisions, based on information she received from the Colorado Department of Public Health and
Environment, and to later find out there was inadequate communication between the State and the
FDA; therefore, he recommended Ms. Morrison follow up with the FDA to ensure it concurs with the
State's interpretation. He stated he wants it on the record that the Department is entering into this
contract because the State discontinued a very successful program, in terms of youth intervention, and
the Department should be commended for its work regarding youth intervention. Commissioner
Conway stated it is unfortunate the County lost the grant from the State this year as a result of policy
decisions, and it is hoped that next year the previous work the Department has completed in regards to
youth intervention will be properly acknowledged. He stated the Tobacco Free Coalition indicated the
members are very excited the Department is pursuing this grant at its meeting yesterday. Dr. Wallace
thanked the Board for its support. Commissioner Garcia inquired as to whether Ms. Morrison had an
opportunity to research coordinating with the local law enforcement on this program, since he would
hate to see a youth inspector who successfully obtains tobacco be arrested. Ms. Morrison indicated
she has not coordinated with the local law enforcement on this matter; however, she will do so. She
stated Cassie Kauffman, Department of Public Health and Environment, is the staff member who will be
working on this program, and Ms. Kauffman has been in the tobacco program for several years and she
has established contacts at the municipalities; therefore, she will work with Ms. Kauffman to notify the
local law enforcement about the program. Commissioner Garcia moved to approve said Task Order
Contract and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR REPLACEMENT OF BRANTNER AND
WATKINS DITCH BRIDGES AT 168TH AVENUE/COUNTY ROAD 2 AND AUTHORIZE CHAIR TO
SIGN - ADAMS COUNTY: Mike Bedell, Department of Public Works, stated this is an
intergovernmental agreement with Adams County to replace two (2) canal bridges on County Road 2,
which is 168th Avenue within Adams County. He stated the bridges are both 50 to 60 years old and in
poor condition, and the inspection reports recommend replacement of the bridges. He stated it was
determined the easiest way to approach the matter is for Weld County to replace the bridge within its
maintenance section and for Adams County to replace its bridge in its maintenance section, as
opposed to both Counties being partners in the construction and design of both bridges. Mr. Bedell
Minutes, October 13, 2010 2010-2445
Page 3 BC0016
indicated this approach will also save time and money, in addition to being easier. In response to Chair
Pro-Tern Kirkmeyer, Mr. Bedell confirmed the costs of replacing the Brantner Ditch Bridge and the
Watkins Ditch Bridge are approximately the same; each bridge will cost approximately $160,000.00 to
replace. He indicated the bridge located within Weld County is larger; however, Weld County will utilize
its own crews. He indicated the bridge located within Adams County is smaller; however, Adams
County will be installing a concrete box to replace the existing steel bridge, which will cost more and
must be bid out to a contractor, and the Adams County bridge replacement will be slightly more difficult,
due to the bridge experiencing more traffic than the bridge within Weld County and that the fact there
are more utility issues to contend with than Weld County's bridge will have. Chair Pro-Tem Kirkmeyer
stated the Brantner Ditch Bridge is within a huge Metropolitan District that Adams County approved,
and she inquired as to whether there are any requirements for the Metropolitan District to provide any
funds for the bridge replacement or make any improvements to County Road 2. Mr. Bedell stated he
does not believe there are any such requirements of the Metropolitan District. Chair Pro-Tem
Kirkmeyer stated Janet Carter, Department of Public Works, is present and shaking her head no, to
indicate there are not any such requirements of the Metropolitan District. She stated the Metropolitan
District she is referring to is Todd Creek Metropolitan District, and she wants to point out that Weld
County is paying for improvements to a bridge impacted by developments within Adams County.
Mr. Bedell stated if County Road 2 ever needs to be widened to accommodate four (4) lanes, a
developer may pay the cost for the bridge to be widened. Commissioner Garcia clarified Adams
County will be responsible for the maintenance and replacement cost of the bridge near Todd Creek
Metropolitan District, and the bridge Weld County will be responsible for replacing is not located near
the development. Mr. Bedell concurred with Commissioner Garcia. Chair Pro-Tem Kirkmeyer stated
the bridge Weld County will be replacing is located near Watkins Road, and there is a huge
development in that area as well, within the City of Brighton and south of County Road 2. Mr. Bedell
clarified there is a proposed development within Adams County, near Horse Creek Reservoir; however,
the development is not moving forward at this time. Commissioner Conway inquired as to why Todd
Creek Metropolitan District is not contributing to the bridge replacement cost and whether the District
was approached. Mr. Bedell indicated he believes Adams County did not approach Todd Creek
Metropolitan District to request a contribution, since the Metropolitan District is not generating enough
traffic to justify a contribution. Responding to Commissioner Conway, Mr. Bedell indicated he believes
Adams County will approach Todd Creek Metropolitan District for a contribution when it generates
enough traffic to justify doing so; however, that decision is up to Adams County. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 128 AND AUTHORIZE CHAIR TO SIGN - SLAWSON EXPLORATION COMPANY, INC. (ROCKY
MOUNTAIN DIVISION): Donald Carroll, Department of Public Works, submitted five (5) documents
into the record, marked Exhibits A, B, C, D, and E. He stated he will be presenting two (2)
Nonexclusive License Agreements with Slawson Exploration Company, Inc., and the first agreement is
for the Gold Digger site, located within Section 16. He indicated the site will be accessed from County
Road 128, which is located to the west of the drilling site, and staff has researched and confirmed there
is 60 feet of existing County right-of-way. Mr. Carroll stated staff has contacted the adjacent property
owners, and there have been conversations with Frank Horton, surrounding property owner, who
resides at the corner of the intersection of County Roads 128 and 37 and owns property on both sides
of the County Road 128. He stated the proposed access will travel across the middle of Mr. Horton's
operations. Chair Pro-Tem Kirkmeyer gave the opportunity for public testimony; however, none was
provided.
Kalen Bauer, Rocky Mountain Permitting, stated she is in attendance on behalf of Terry Hoffman,
permitting agent for Slawson Exploration Company, Inc. She stated Rocky Mountain Permitting
prepared the application for the drilling permit, which is in the process of being approved, it applied for a
Minutes, October 13, 2010 2010-2445
Page 4 BC0016
Weld County Road Access Permit, and it prepared the application for the Nonexclusive License
Agreement. In response to Commissioner Conway, Mr. Carroll confirmed the proposed access route
will travel through Mr. Horton's yard, and the land owner is probably not accustomed to seeing much oil
and gas related traffic in the area where he resides. Commissioner Conway inquired as to what has
been done to mitigate Mr. Horton's concerns. Mr. Carroll indicated the company ordinarily approaches
the property owner in these types of situations and attempts to resolve the matter with the land owner,
and the company works out the details concerning cattle guards, dust control, fences, or whatever the
concerns may entail. In response to Mr. Carroll, Ms. Bauer stated Western Land Services is the Project
Manager for various wells owned by Slawson Exploration Company, Inc., in this area, and she believes
Greg Tracy, Western Land Services, has been in contact with Mr. Horton and another surrounding
property owner, Robert Wagner, Jr. She indicated Kevin Anderson is supposed to be present to
represent Western Land Services, and he would be more familiar with the conversations which have
taken place with the surrounding property owners. She stated she is unaware if there is a Service Use
Agreement in place; however, she can definitely find out the information from either Greg Tracy or a
representative of Slawson Exploration Company, Inc. Commissioner Conway indicated this is a difficult
matter to consider without Mr. Horton being in attendance. In response to Chair Pro-Tem Kirkmeyer,
Mr. Barker confirmed the term of the Nonexclusive License Agreement is indefinite. Ms. Bauer
indicated one (1) of the issues she is aware of is GEOSURV, Inc., has not been able to access
Mr. Wagner's property, in order to complete a survey, and Mr. Wagner's property is located to the east
of Mr. Horton's property, on the eastern portion of Section 18 and all of Section 17. In response to
Commissioner Conway, Ms. Bauer confirmed Mr. Wagner has refused to provide access to
GEOSURV, Inc. Commissioner Kirkmeyer inquired as to whether any other property owners have
issues with this agreement besides Mr. Horton. Mr. Carroll indicated he is unaware of other property
owners who may have issues, and he only received feedback from Mr. Horton. In response to
Commissioner Conway, Mr. Carroll reiterated Mr. Horton is concerned about the impact to his
operations. In response to Chair Pro-Tem Kirkmeyer, Mr. Carroll stated he is unaware about whether
terms have been negotiated by Slawson Exploration Company, Inc. Responding to Chair Pro-Tem
Kirkmeyer, Ms. Bauer stated the process began on September 29, 2010, for this Nonexclusive License
Agreement; however, Slawson Exploration Company, Inc., was in contact with the surrounding property
owners for quite some time before then. In response to Commissioner Garcia, Ms. Bauer reiterated
she works for the permitting agency, and she stated Paul Morris is the land person for Slawson
Exploration Company, Inc., and he has been coordinating with Mr. Anderson and Mr. Tracy, who are
both Project Managers. Chair Pro-Tem Kirkmeyer suggested the Board continue the matter, in order to
allow Mr. Carroll time to contact Mr. Horton to inquire whether Slawson Exploration Company, Inc., has
mitigated his concerns. She indicated she understands this is County right-of-way; however,
surrounding property owners often do not understand the right-of-way belongs to the County.
Commissioner Conway concurred with Chair Pro-Tem Kirkmeyer, and he stated although Slawson
Exploration Company, Inc., may have already worked on mitigating Mr. Horton's concerns, he is not
comfortable with approving the Nonexclusive License Agreement today. Commissioner Garcia moved
to continue the matter to October 20, 2010. Commissioner Conway seconded the motion, which
carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CR 116 AND AUTHORIZE CHAIR TO SIGN - SLAWSON EXPLORATION COMPANY, INC. (ROCKY
MOUNTAIN DIVISION): Mr. Carroll submitted two (2) photographs into the record, marked Exhibits A
and B. He stated this Nonexclusive License Agreement is for the Glory Hole site, which is located on
County Road 116 for one (1) mile between County Roads 43 and 45. He stated the County has
right-of-way on the south side of Section 22, and the north side contains railroad right-of-way and
U.S. Forest Service property. He stated Exhibit A is a photograph of the U.S. Forest Service road,
which is identified with a green pole, and if access is granted, it would be 30 feet on the south side of
Section 22. Mr. Carroll stated Larry Hoffner is the adjacent property owner and he is present today with
his wife, and staff has previously met with Mr. Hoffner to discuss the matter. He stated when Slawson
Minutes, October 13, 2010 2010-2445
Page 5 BC0016
Exploration Company, Inc., initially approached Mr. Hoffner, it wanted to access the site from County
Road 43, which travels north and south; however, now Slawson Exploration Company is requesting
access on the road traveling east and west.
Mr. Hoffner submitted three (3) soil samples for the Board to consider, and he submitted two (2) maps
and a photograph into the record, marked Exhibit C. He stated he owns Sections 21 and 22, and
Section 22 was farmed for approximately 14 or 15 years before he applied for the Conservation
Reserve Program for Section 22 in the year 1997. He stated Section 22 was accepted after a terracing
process was utilized, due to the soil conditions, and after the entire Section was planted twice and
120 acres of the Section were planted three (3) times, the Section was admitted into the Conservation
Reserve Program. Mr. Hoffner stated the Conservation Reserve Program agreed to leave 30 to 50 feet
of prairie sod on the south side of Section 22, which is where Slawson Exploration Company wants to
place the road. He stated there are approximately 110 to 120 acres which are not farmed due to hills
and watershed issues, and the road will ruin the watershed if it is approved, as well as causing
Section 22 to be removed from the Conservation Reserve Program. He indicated that if the
Nonexclusive License Agreement is approved, the road will alter the watershed, even with the proper
culverts, and he will lose his agreement with the Federal government for the Conservation Reserve
Program. Mr. Hoffner requested that the Board observe the soil samples he submitted, which he
referred to as "sugar sand", and the Board obliged. He stated the U.S. government rates the soil 25
and 23, which he does not fully understand, other than being told it means the soil is only five (5) parts
clay. He stated the road will disrupt the natural watershed on the property, since there is 110 feet of
rise in altitude; therefore, without proper construction of the road, there will be problems, and there may
be problems even with the proper construction. He stated County Road 114 is located approximately
one-quarter mile east of this location, and it has six (6) to eight (8) feet tall gullies, which the County has
tried to correct by placing concrete in the gullies, and the same problems will occur if a road is
constructed at this location. Mr. Hoffner stated the first half of the east section is not level; however, it
is mostly flat, and he has been in contact with another oil company which will be installing its wellhead
in the area and there will be a road installed to access it. He stated the area from the half-mile mark
west will be a real problem. He indicated Mr. Anderson, of Western Land Services, has contacted him;
however, they did not reach a resolution. In response to Commissioner Conway, Mr. Hoffner confirmed
he is concerned about the location of the access point, and he has identified alternative access points
he would prefer; however, any access point will jeopardize his agreement for the Conservation Reserve
Program. He stated there has always been access available on the west side of Section 21; there is a
non-maintained County Road which travels through the U.S. Department of Agriculture property, and
the road has been utilized to service the windmill, repair fences, and transport cattle. In response to
Chair Pro-Tern Kirkmeyer, Mr. Hoffner clarified the road is between Sections 21 and 20, and the road is
on the west side of Section Line 21. Further responding to Chair Pro-Tem Kirkmeyer, Mr. Hoffner
confirmed this road has been utilized to access Section 16. Chair Pro-Tem Kirkmeyer inquired as to
whether there is an access agreement in place. Mr. Hoffner indicated the road has been utilized for
many years for various purposes. In response to Chair Pro-Tem Kirkmeyer, Mr. Carroll indicated he is
unsure whether the County has right-of-way there, since access was being proposed at a different
location; therefore, he would have to research the matter. Ms. Bauer inquired as to who is accessing
the road west Section Line 21. Mr. Hoffner stated Slawson Exploration Company, Inc., is accessing the
road. Ms. Bauer indicated she was not unaware of that. Mr. Hoffner stated he was recently notified
Slawson Exploration Company, Inc., will be applying for a license to utilize the road on the west of
Section Line 21, and he received a letter via certified mail regarding surveying the property. He stated
there is apparently a Colorado law which states that if he does not reply within 14 days, the surveyors
can enter onto the property and he cannot have them removed. In response to Chair Pro-Tem
Kirkmeyer, Mr. Barker confirmed Mr. Hoffner is correct about the surveyor rules, which are located in
State statute and Title 38. Chair Pro-Tem Kirkmeyer inquired as to how many Nonexclusive License
Agreements have been applied for by Slawson Exploration Company, Inc., which the Board has not yet
seen. Ms. Bauer indicated she can only attest to the two (2) agreements on today's Agenda; however,
Minutes, October 13, 2010 2010-2445
Page 6 BC0016
Slawson Exploration Company, Inc., also utilizes Permitco as a permitting agency, in addition to Rocky
Mountain Permitting. Chair Pro-Tem Kirkmeyer suggested the matter be continued, and she indicated
it would be helpful if the Board could meet with Slawson Exploration Company, Inc., regarding all of the
upcoming proposed Nonexclusive License Agreements, as well as to meet with the surrounding
property owners, to determine the best routes, which will cause the least amount of disturbance, to the
sites. Mr. Carroll indicated he notified both Mr. Hoffman and Mr. Anderson about today's hearing, and
he estimated there are approximately six (6) proposed Nonexclusive License Agreements which have
not yet been presented to the Board, all of which are on either State or Federal land. Chair Pro-Tem
Kirkmeyer stated Slawson Exploration Company, Inc., bought these leases without determining how
access will be provided to the sites, and Mr. Carroll concurred. Chair Pro-Tem Kirkmeyer reiterated
she wants to involve the property owners, in order to figure out the least intrusive accesses.
Commissioner Conway indicated if he needed to vote on this matter today, he would vote against it,
and he concurred with Chair Pro-Tern Kirkmeyer that the Board needs all of the involved parties in the
same room to discuss the matter; therefore, he is willing to continue the matter. Commissioner Garcia
stated the Board needs to look at all the alternatives and consider the big picture with the adjacent land
owners. Commissioner Conway moved to continue the matter to October 20, 2010, with an
understanding there will be an update provided at that time, yet there will be another meeting
scheduled to consider all of the proposed upcoming Nonexclusive License Agreements with Slawson
Exploration Company, Inc. Commissioner Garcia seconded the motion, which carried unanimously.
(Clerk's Note: The soil samples were discarded after the meeting was adjourned, per the instruction of
Mr. Barker.)
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 62.5, BETWEEN COUNTY ROADS 49 AND 51, AND AUTHORIZE
CHAIR TO SIGN - PRODUCERS FEEDLOT, LLC: Ms. Carter indicated the Nonexclusive License
Agreement is to allow Producers Feedlot, LLC, to install a 10-inch irrigation pipe under County
Road 62.5, between County Roads 49 and 51. She stated when a private company is completing work
of this nature, as opposed to a public entity, the Department of Public Works requests it enter into a
Nonexclusive License Agreement. In response to Chair Pro-Tem Kirkmeyer, Ms. Carter confirmed
Producers Feedlot, LLC, will repair any damage caused to the roadway during the installation of the
pipe, and she stated a Right-of-Way Permit has been issued to Producer's Feedlot, LLC, for this
project, which requires the roadway be maintained at the same standard the roadway was at prior to
the construction commencing, and there will be a warranty period. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO KIVA PROPERTIES I, RLLLP,
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker indicated these Tax Lien Sale Certificates have been
purchased for the properties listed in Exhibit "A", and the principal taxes, interest, and fees have been
paid. Commissioner Conway moved to approve said assignment of Tax Lien Sale Certificates to Kiva
Properties I, RLLLP, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER COURT SECURITY GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN -
COLORADO OFFICE OF THE STATE COURT ADMINISTRATOR COURT SECURITY CASH FUND:
Monica Mika, Director of Finance and Administration, stated this application was presented to the
Board at a work session earlier in the week and she recommends approval of the application. She
stated there are several members of the Local Security Team present. Commissioner Garcia indicated
one (1) of the concerns the Board had was whether Affiliated Computer Services, Inc. (ACS) would be
capable of utilizing and integrating video conferencing.
Minutes, October 13, 2010 2010-2445
Page 7 BC0016
Anita Scrams, ACS, stated she is working on gathering information; however, there is nothing in place
at this time, and the video conferencing initiative needs to be well coordinated throughout the State, in
order to be the most beneficial. Commissioner Garcia indicated this is the grant application; therefore,
there will be some time before the grant is awarded, and he inquired as to how much time will be
necessary for ACS to be prepared to work on this project if the grant is awarded. Ms. Scrams indicated
she cannot estimate how much time will be necessary without more information being provided by the
State and the other participating Counties. She stated she strongly believes video arraignments are
very beneficial and the County needs to move in that direction; however, the effort needs to be
coordinated, to ensure it will work for all the participating agencies. Commissioner Conway inquired as
to how long it will take to implement the technology if the grant is approved; he remembers someone
indicating it may take up to one (1) year.
Toby Taylor, Department of Buildings and Grounds, confirmed it may be up to one (1) year. He stated
when considering video conferencing outside the realm of County operations, the medium which will be
utilized must be determined. He stated there are three (3) methods of communicating: through radio,
satellite, or buried copper or fiber, and the best method for the County, with the lowest cost, has not
been determined at this time. He indicated it may take up to a year, or longer, to determine the best
medium for the County, and there is agreement about the video technology being a great concept;
however, the costs are not known. Commissioner Conway stated the grant application specifies
$45,770.00 is needed for equipment, and he inquired as to how ACS knows how much the cost will be
without knowing what equipment will be needed. Mr. Taylor stated the equipment included in that
amount is the equipment which Weld County will need to connect locally. In response to Commissioner
Conway, Mr. Taylor indicated the part of the costs for the equipment which is unknown is how much it
will cost to connect to the State and other Counties' systems. He stated a lot of research is necessary
to determine all the costs and whether it is feasible at this time. He indicated that during his prior
career he witnessed a similar situation, where a video concept was considered, and the connection
costs were millions of dollars, in order to purchase buried fiber, towers, or satellite uplinks. In response
to Commissioner Conway, Ms. Scrams indicated the connection costs will be determined by the State.
Chief Judge Jim Hartmann, 19th Judicial District, stated he and Karen Salaz, 19th Judicial District, had
the opportunity yesterday to speak to Steve Steadman, who is in charge of this Program in the State
Court Administrators Office, and at that time Mr. Steadman indicated the State is envisioning the
Districts that are applying for this grant will seek a contribution of $45,770.00 for the necessary local
equipment to be purchased and all the Districts will utilize the same equipment. He indicated it is
envisioned that there will be a central State router, which all the participating jurisdictions will connect
to. Chief Judge Hartmann stated Mr. Steadman indicated grant applications for this Program have
been submitted by the 1st Judicial District, which is Jefferson County; the 18th Judicial District, which is
Arapahoe and Douglas Counties; the 8th Judicial District, which is Larimer and Jackson Counties; the
2nd Judicial District, which is Denver County; the 4th Judicial District, which is El Paso County; the
21st Judicial District, which is Mesa County; the 13th Judicial District, which includes the seven (7)
Counties which comprise Northeast Colorado, including Logan and Morgan Counties; the 15th Judicial
District; the 16th Judicial District; and the 7th Judicial District. He stated it is hoped the 19th Judicial
District will be able to tie into all of the participating Districts' jails and reduce the number of times the
Weld County Sheriff's Office has to transport people to Weld County. He stated he has completed
some rough calculations about how much money may be saved, using highly conservative numbers,
based on the number of writs this year. Chief Judge Hartmann stated there have already been 243
writs to the Denver Metropolitan area this year, not including the Department of Corrections (DOC), the
State hospital, or the western slope. He stated sometimes court appearances take five (5) minutes;
however, the people remain in our jail for one (1) to three (3) days, plus there are transportation costs
and security risks in moving people from one (1) secured facility to another. He stated the missing
piece is determining how to tie into a central routing system with the State; however, the 19th Judicial
District has a distinct advantage, since the majority of its courtrooms are already wired for video
Minutes, October 13, 2010 2010-2445
Page 8 BC0016
equipment. In response to Commissioner Conway, Chief Judge Hartmann stated Pueblo County has
not yet submitted an application; however, the transfers Commissioner Conway is referring to would be
from the State hospital; not from the 10th Judicial District. Responding further to Commissioner
Conway, Chief Judge Hartmann confirmed defendants may refuse a video conference and request an
in-court appearance in certain situations; however, he does not know how many of the 243 writs this
year would have been able to refuse appearing via video conference.
In response to Commissioner Conway, Sterling Geesaman, Weld County Sheriff's Office, stated
approximately 20 percent of current court appearances are being handled via video conferencing.
Commissioner Conway stated a minimum of 20 percent would result in a significant cost savings.
Ms. Salaz stated the 15th and 16th Judicial Districts, which include the Cities of Lamar and La Junta
and two (2) private prison systems are already utilizing this system, under a pilot project, and the
Districts are currently working with the State hospital and the DOC. She stated the 15th and
16th Judicial Districts are working through the glitches, and the paperwork transfer is the most
significant issue the 19th Judicial District is concerned about. In response to Commissioner Garcia,
Ms. Salaz confirmed the State will be supporting the inter-connectivity, in addition to providing the base
amount of $45,770.00 for the local equipment, and she indicated the base amount represents a
commitment by the State to make video advisements the number one (1) priority, since it will save
taxpayer money, it will exponentially increase public safety, and it will free up more officers to patrol,
since they will not have to invest as much time to transport defendants back and forth between
facilities. Chair Pro-Tern Kirkmeyer inquired as to whether the State will require dedicated lines for the
video conferencing, and she inquired as to whether the Districts will be connecting to the State's
Multi-Use Network (MNT). Ms. Salaz indicated the Districts will have to connect to the MNT lines, in
order to connect to some of the rural locations. Chair Pro-Tem Kirkmeyer stated the MNT lines are
fiber optic lines, and T1 lines travel between the fiber optic lines and the facilities, and she again
inquired as to whether a dedicated line will be required, She stated when she worked for the State on a
project with the Colorado Information Analysis Center, dedicated T1 lines were required, and the State
agency incurred the cost for installing those lines; therefore, there will be other costs involved for the
connection to be completed and for the ongoing maintenance, in addition to the video conferencing
equipment, and she wants to know what those costs will be. She inquired as to whether the County will
be responsible for the cost to replace equipment which fails, and she inquired as to what ongoing
monthly costs there will be to connect with the State's system. Ms. Salaz indicated she attended a
Judicial Business Integrated with Technology Services (JBITS) Standing Committee meeting yesterday,
and it was discussed that many of the jurisdictions which Chief Judge Hartmann mentioned as having
applied for this grant application are already utilizing video advisements internally, as is the
19th Judicial District, and it is the responsibility of JBITS personnel to determine solutions as to how to
utilize the Districts' existing systems, while connecting to the central trunk at the State. She indicated
the costs will vary based on what each District has in place, for example, the 13th Judicial District has
numerous jails and private prisons; therefore, it will have different needs from the 19th Judicial District,
which has just one (1) jail facility, and the State will work with each District to achieve the connection;
however, she does not know what the connection and maintenance costs will be. She stated this is a
brand new system and it is the best available resource to resolve the problem of prisoner transfer
expenses, and the State Judicial Department has made an investment into the Program, as well as the
Colorado Sheriff's Association and a County Commissioners organization. Chair Pro-Tem Kirkmeyer
indicated she understands the agencies want to reduce costs and consider public safety; however, she
is not certain whether an accurate picture of the true costs for the project has been provided, in order to
determine whether there will be a cost savings. She stated she served on the State MNT Committee,
and the fiber optic system was supposed to be installed in every courthouse in every County within the
State of Colorado; however, this was not completed and the State began shifting the associated costs
onto the County governments by requiring dedicated lines and monthly fees. She stated she
understands the public safety aspect of the matter; however, until she has more information, she is
Minutes, October 13, 2010 2010-2445
Page 9 BC0016
unsure about the proposed cost savings. Chair Pro-Tem Kirkmeyer stated the reason she asked if the
19th Judicial District will connect to the State MNT is because there is a monthly fee to do so, at least
there used to be a fee. She stated the State agencies often begin these projects, and when the
agencies discover the Joint Budget Committee is not going to provide the funding, the State agencies
shift the costs to other agencies. She stated it is wonderful the Colorado Sheriff's Association is in
support of video conferencing, as is she; however, the Colorado Sheriff's Association does not have to
consider the budgetary questions, which the Board must do. She reiterated she is not opposed to
video conferencing; however, she needs to know what the ongoing costs will be and cuts may need to
be made from other areas in the budget, in order to provide the funding for this project, if it is
determined to be a priority. Ms. Salaz stated within the enabling legislation that created the Court
Security Fund, there is an opportunity to request the fee. In response to Chair Pro-Tern Kirkmeyer,
Ms. Scrams confirmed a Digital Subscriber Line (DSL) will cost approximately $100.00 per month;
however, she does not know whether a DSL will provide sufficient bandwidth. Ms. Salaz indicated the
annual cost may be included as a part of the grant request, based on the related statute. Chair Pro-
Tern Kirkmeyer concurred the amount may be requested in the grant request; however, she indicated
that as a result of the budget crisis over the last few years, all of the fees which have been utilized for
projects similar to this one (1), or other projects for local governments, have been taken from the
Colorado Department of Public Health and Environment, the Department of Natural Resources, and the
Department of Local Affairs, and the fees have been utilized for other general fund purposes. She
stated there was a fee added for ambulance services for the Colorado Department of Public Health and
Environment, which was taken, for example, and those fees can be taken at any time. She stated the
State has indicated it will fund the equipment, and she inquired as to whether the State will fund the
replacement of the equipment and the maintenance of the equipment. Chair Pro-Tem Kirkmeyer stated
Great Outdoors Colorado, for example, funds numerous trails; however, none of the trail maintenance
is funded and after a few years the trails go by the wayside, since there is not the funding available to
maintain the trails. Ms. Salaz indicated the Local Security Team can request the maintenance costs be
covered in the annual grant. In response to Commissioner Conway, Ms. Salaz clarified the State
Commission on Court Security has designated the funding; not the Judicial Department. Commissioner
Conway inquired as to how secure the funding is, in light of the $1,400,000,000.00 budget shortfall for
next year. Ms. Salaz stated if the money is not spent, it will be a likely target; therefore, the State
Commission on Court Security is immediately dedicating $600,000.00, and the fund will be empty on
January 1, 2011. In response to Commissioner Conway, Ms. Salaz confirmed the State Commission
on Court Security is trying to complete this project before the end of the year, to prevent the money
from being raided for other purposes. Further responding to Commissioner Conway, Ms. Salaz
confirmed the funding is secure and may be spent, unless the project lapses into next legislative
session.
Chief Judge Hartmann indicated he appreciates the Board being responsible stewards for the
taxpayers. He stated if, for example, just 50 people are transported due to writs for five (5) minute
hearings, it will require two (2) deputies for two (2) round trips to pick up and return each person, and if
it costs $50.00 in gas for each round trip, it will cost $5,000.00 for the gas alone, not including the
personnel costs. He stated if each person is housed in the Weld County Jail for two (2) days at $75.00
per day, it will cost $7,500.00, for a total cost of $12,500.00, and that is just for the Denver Metropolitan
area, and it does not include the DOC or the State Mental Health Institute located in the City of Pueblo.
Chief Judge Hartmann stated there is also wear and tear on the vehicles, and deputies may travel
eight (8) hours to bring a person from Mesa County, when the person may only appear at the hearing
for five (5) minutes, due to the defense lawyer requesting additional time, and this seems to be a
tremendous waste of taxpayer money. In response to Commissioner Garcia, Ms. Salaz stated the
deadline to submit the grant application is tomorrow, and the 19th Judicial District may not be awarded
the grant amount requested. Further responding to Commissioner Garcia, Ms. Salaz confirmed there
will be time to discuss these issues further with staff and the State, prior to the grant amount being
awarded. She stated in the discussion with Mr. Steadman yesterday, he indicated Weld County may
Minutes, October 13, 2010 2010-2445
Page 10 BC0016
receive more or less funding, depending on its needs; therefore, the grant application is simply a place
holder at this point in time.
Mr. Geesaman indicated he just conducted a rough cost analysis, and he determined to pick up an
individual from the Denver Metropolitan area and to house the individual overnight in the Weld County
Jail, it costs approximately $500.00 for the round trip, including the deputies' wages and mileage;
therefore, even just one (1) person being transported would merit paying a monthly service fee to
provide connectivity. Commissioner Conway indicated there is an annual minimum impact of at least
$25,000.00, if all of the writs were for the Denver Metropolitan area. Mr. Geesaman concurred with
Commissioner Conway, and he stated there was a situation where one (1) transfer from the maximum
security DOC prison took approximately eight (8) hours per round trip, and the Weld County deputies
had to make the trip twice to pick up the defendant and then return the defendant, and the defendant
remained in the Weld County jail for two (2) days, only to appear via video conferencing from the Weld
County Jail to the courtroom for approximately 15 minutes, and it cost $3,000.00. Commissioner
Conway indicated he concurs that video conferencing has significant potential cost savings; however,
the Board is concerned about obtaining $45,770.00 worth of equipment which turns out to be worthless,
due to the rapid pace of changing technology; therefore, the Board wants to ensure the equipment will
be utilized. He stated he concurs with Commissioner Garcia that there is ample time to discuss the
Board's concerns further before the grant award is presented to the Board, and there will be time for
Ms. Scrams and Mr. Taylor to further investigate the matter. Chair Pro-Tem Kirkmeyer inquired as to
whether it is accurate that the Board will also have the opportunity to consider the grant award and that
it will be required to sign a proposed agreement. Ms. Mika stated in the years 2008 and 2009, the
process was completed differently each year; there was a contract for the receipt of funds in the year
2008; however, a contract was not considered the following year. In response to Chair Pro-Tem
Kirkmeyer, Ms. Mika confirmed that in the year 2009, there was an umbrella contract, which was
supplemented; however, the Board can request that formal action be taken for the receipt of the funds
resulting from this grant agreement. She stated the Board will also need to ensure that this be included
as an enterprise solution during the governance process, which is the process normally followed when
Departments request this type of computer enhancement. She stated another cost associated with the
request is the cost for dedicating ACS to work on this matter. Chair Pro-Tem Kirkmeyer stated she is
willing to vote in favor of the grant application, as long as the proposed agreement is also considered
by the Board for approval, when all the cost comparisons are in place, to allow the Board to understand
the complete cost associated with the project and whether it can be funded from the County budget.
Ms. Mika stated the products included in the grant application will also need to follow the bid process,
since there are potential cost savings in acquiring the equipment by utilizing the leveraging power
available through ACS. Chair Pro-Tem Kirkmeyer concurred with Ms. Mika, and she stated the request
for the equipment has not followed the procurement process or the governance process.
Commissioner Garcia moved to approve said grant application and authorize the Chair to sign
electronically, with the stipulation the resulting agreement must be presented to the Board before being
agreed to by staff, to allow the Board to complete the necessary actions, as directed by Ms. Mika.
Commissioner Conway seconded the motion and he inquired as to whether the conditions of approval
for the grant application are problematic in any way. Ms. Salaz indicated she does not foresee a
problem with the conditions of approval, in terms of implementing the grant, since the Court Security
Cash Fund Commission is striving to make this project work for as many Districts as is possible, while
knowing each County government is different. She stated since Weld County is a Home Rule
government, its situation will be different from the situation for other Counties. There being no further
discussion, the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORTS AND CERTIFICATIONS OF
PAY AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated the last time the Board considered the
Veterans Service Officers Monthly Reports and Certifications of Pay, the Board discussed what an
awesome administrator Dorothy Strong, Weld County Veterans Office, has been during her tenure with
Minutes, October 13, 2010 2010-2445
Page 11 BC0016
Weld County, and the Board indicated it would like to thank her in person. She stated she ordinarily
presents the Veterans Service Officers Monthly Reports and Certifications of Pay, on behalf of
Ms. Strong; however, Ms. Strong is present today; therefore, she will defer to her. She stated she
would like Mothers Against Debt to have the opportunity to speak to Ms. Strong and interface with her
about how prudent she has been in successfully overseeing the Veterans Office for Weld County.
Ms. Strong indicated she is not always able to attend the Board meetings when the Veterans Service
Officers Monthly Reports and Certifications of Pay are presented; however, she strives to be present
when she is able to, in case there are questions. Commissioner Conway stated the Board wanted her
to attend today simply because it wanted the opportunity to personally thank her and to express its
appreciation for the great job she does for the veterans and citizens of Weld County. He stated
Ms. Strong has been a wise steward of the taxpayers' money and she has provided a valuable service
to Weld County's veterans. Commissioner Garcia thanked Ms. Strong on behalf of Weld County's
citizens, and he stated Ms. Strong does a great job. Chair Pro-Tem Kirkmeyer thanked Ms. Strong for
attending the meeting, and she expressed her appreciation to Ms. Strong for her service. Ms. Strong
thanked the Board for all its comments. Commissioner Garcia moved to approve said Veterans Service
Officers Monthly Reports and Certifications of Pay and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER MINOR MODIFICATIONS TO AMENDED USE BY SPECIAL REVIEW PERMIT#737 FOR
TRUCKING OPERATION TO SERVICE THE AGRICULTURAL INDUSTRY IN THE
A (AGRICULTURAL) ZONE DISTRICT - MICHAEL WILLITS: Chair Pro-Tem Kirkmeyer stated there
are only three (3) Commissioners present today; therefore, if one (1) Commissioner votes in opposition
to the request, the request will be denied, and she inquired as to whether the applicant would prefer to
continue the matter to the next meeting on October 18, 2010, when there should be four (4)
Commissioners present. She stated if there is a tie vote when there are four (4) Commissioners
present on a land use matter, the fifth Commissioner reviews the information and has to make a
determination and break the tie.
Fred Otis, Attorney for the Applicant, indicated there are some time pressures regarding this matter,
including foreclosures, judgments, and collection activity. In response to Chair Pro-Tem Kirkmeyer,
Mr. Otis and Mr. Willits, indicated it is their desire to have the matter considered on October 18, 2010,
when four (4) Commissioners will be in attendance. Chair Pro-Tem Kirkmeyer gave the opportunity for
public testimony; however, none was provided. Commissioner Garcia moved to continue the matter to
October 18, 2010, at 9:00 a.m. 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, October 13, 2010 2010-2445
Page 12 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
' p ELD COUNTY, COLORADO
ATTEST: ;s USED
` "N• ,. s o **las Rademacher, 'hair
Weld County Clerk to the Board A v,z
ti g' . i► '�...... i A ..
( ara Kirkmeyer, ro-Tem
De u y Cler t the Board, �`�" T
Sean P. nway
WtIliam F. Garcia
David E. Long
Minutes, October 13, 2010 2010-2445
Page 13 BC0016
Hello