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Home My WebLink About20102213 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 20, 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 20, 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 September 15, 2010, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on September 14, 2010, as follows: 1) Violation Hearings. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, Weld County resident, read a document into the record, titled Nine Reasons for Avoiding Cooperating Agency Status, and marked Exhibit A. 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, DEPARTMENT OF PUBLIC WORKS — JOHNNY VAN METER: Chair Rademacher read the certificate into the record, recognizing Johnny Van Meter for nine (9) years of services with the Department of Public Works. Don Carroll, Department of Public Works, expressed his appreciation for the work Mr. Van Meter has completed for the Department. c'I I h Minutes, September 20, 2010 2010-2213 Page 1 BC0016 Mr. Van Meter, expressed his appreciation for the opportunity to work for Weld County. Commissioner Conway thanked Mr. Van Meter for his service to Weld County's citizens. NEW BUSINESS: CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - IT'S MY VERY OWN, INC.: Judy Griego, Director, Department of Human Services, stated the agreement was presented to the Board at a work session conducted on September 1, 2010, and it allows It's My Very Own, Inc., to lease certain property located at 340 Maple Street in the Town of Frederick for $1.00. She stated the term of the lease agreement is September 1, 2010, through August 31, 2011. In response to Chair Rademacher, Ms. Griego clarified the lease is for the utilization of some outside storage bins at a library. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - DYNAMIC FAMILY DESIGN, LLC: Ms. Griego stated the agreement was presented to the Board at a work session conducted on September 22, 2009, and at that time the Department indicated it was unable to complete the investigations at Platte Valley Youth Services Center (PVYSC), due to a perceived conflict of interests involving family members employed by each entity. She stated this is an ongoing agreement with Dynamic Family Design, LLC, to conduct the investigations at PVYSC, and the term of the agreement commenced June 17, 2010, and will end June 16, 2011. She stated the agreement is for an amount not to exceed $50,000.00. In response to Commissioner Conway, Ms. Griego confirmed Dynamic Family Design, LLC, will only be paid when it has conducted investigations at PVYSC. Responding to Commissioner Garcia, Ms. Griego confirmed the Dynamic Family Design, LLC, will be paid $35.00 per hour, and $2,000.00 will be available for training needs. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER EIGHTEEN (18) CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements were presented to the Board at a work session conducted on May 10, 2010, and she is close to concluding the Core Services plan agreements. She stated the agreements have been approved by the Families, Youth, and Children Commission. She indicated two (2) of the agreements are with Victor Cordero, PsyD, PC, to provide mental health services, for an amount not to exceed $25,000.00, and sex abuse treatment, for an amount not to exceed $500.00; Counseling Services of Longmont, Inc., will provide anger/domestic violence treatment, monitored sobriety, and substance abuse treatment, for a maximum of $25,000.00; and two (2) of the agreements are with Dynamic Family Design, LLC, to provide home study/relinquishment counseling, for an amount not to exceed $35,000.00, and home based services, for an amount not to exceed $3,000.00. She further indicated one (1) of the agreements is with Jon Garson for mental health services, in an amount not to exceed $20,000.00; and five (5) of the agreements are with Griffith Centers for Children-Chins Up to provide anger/domestic violence treatment, for an amount not to exceed $15,000.00, home based services, for an amount not to exceed $5,000.00, life skills, for an amount not to exceed $20,000.00, mental health services, for an amount not to exceed $10,000.00, and sex abuse treatment, for an amount not to exceed $500.00. Ms. Griego stated one (1) agreement is with the Kempe Center of the University of Colorado Denver — School of Medicine, AMC Campus, for foster parent consultation, home based services, life skills, and therapeutic visitation, at the rates indicated on the memorandum; three (3) agreements are with Milestones Counseling Services, LLC, for foster parent consultation, for an amount not to exceed $1,000.00, home study, for an amount not to exceed $10,000.00, and mental health services, for an amount not to exceed $5,000.00; and two (2) agreements are with Transitions Psychology Group, LLC, to provide life skills, for an amount not to exceed $78,500.00, and mental health services, for an amount not to exceed $70,000.00. She stated the final agreement is with Stephanie Walker to provide home studies, Minutes, September 20, 2010 2010-2213 Page 2 BC0016 for an amount not to exceed $10,000.00. Commissioner Long moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR RADON GAS MITIGATION AND AUTHORIZE CHAIR TO SIGN - DRENNEN CUSTOM CONTRACTING: Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, stated this is an agreement to complete radon gas mitigation and it was discussed at a work session last week with Trevor Jiricek, Department of Public Health and Environment and Director of Planning Services. He stated the Department of Public Health and Environment has participated in efforts to conduct radon gas testing before, and the memorandum provides details about the selection process and the conditions under which the mitigation will occur. He stated this is a good opportunity to promote public awareness about radon gas mitigation, since radon is a leading cause of illness. Dr. Wallace stated the Department is fortunate to be able to provide this example of radon gas mitigation in a Weld County resident's home. In response to Commissioner Conway, Dr. Wallace confirmed radon gas mitigation is inexpensive and simple. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION TO VACATE PORTIONS OF VARIOUS COUNTY ROADS AND ACCESS EASEMENT AGREEMENT - GUTTERSEN RANCHES, LLC: Don Carroll, Department of Public Works, introduced Jackie Johnson, representative for Guttersen Ranches, LLC, and he submitted a map into the record, marked Exhibit A, and he indicated the map is similar to one (1) which was previously provided; however, some of it is colored differently. He stated the green area in the middle of the map is Guttersen Ranches, LLC, and the areas within the thick black lines, within the green area, represent the section lines which the petitioners are requesting be vacated. He indicated the areas with the diagonal lines are rights-of-way the County obtained through a Resolution in the year 1889, and the sections without any diagonal lines do not contain any County rights-of-way. Mr. Carroll indicated there are two (2) blue squares on Exhibit A, which represent parcels that are not owned by Guttersen Ranches, LLC; one (1) is located within Section 24, and the other is located within Section 30. He stated Guttersen Ranches, LLC, has provided access to those parcels. He stated he has identified the adjacent property owners to Guttersen Ranches, LLC, on Exhibit A, as well as the paved and gravel roads. Mr. Carroll stated in the 1860s the railroad wanted to expand to the west and it acquired numerous properties, which were retained before the County's 1889 Resolution, and this is the reason there are no County rights-of-way within some of the sections, such as Sections 7 and 11. He stated he completed research on all the existing rights-of-way within Guttersen Ranches, LLC, through the Bureau of Land Management's website and railroad files. He stated if the Board chooses to vacate some of the rights-of-way within Guttersen Ranches, LLC, the Department of Public Works would like to at least retain the corridor between 1-76 and U.S. Highway 34, as a potential connection between the two (2) highways; however, the Department recommends the Board retain all the County rights-of-way, since rights-of-way are costly and difficult to replace. Ms. Johnson introduced Mike and Art Guttersen, the property owners requesting the vacations, and she stated Art Gutterson wants to provide some history about the ranch and explain why it is important the rights-of-way be vacated. Art Guttersen stated Guttersen Ranches, LLC, includes 40,000 acres, and is located south of the Town of Kersey. He indicated the ranch was initially operated by his grandfather, beginning in the 1950s, and his father later doubled the size of the ranch. He stated this is a working cattle ranch and it can accommodate approximately 5,000 yearlings, or 2,000 adult cows. Mr. Guttersen stated his main concern is about being able to control the roads to the oil and gas wells on the property, since there are approximately 600 oil and gas wells on the property, owned by Noble, Petroleum Development, Anadarko, and Bonanza Creek, and he submitted a map indicating the oil and gas well locations into the record, marked Exhibit B. He stated it is important to maintain control of the accesses, in order to Minutes, September 20, 2010 2010-2213 Page 3 BC0016 direct people to travel the shortest possible distance through the ranch, and he is concerned about people who will not cooperate with the oil and gas companies, or utilize the cattle guards and the existing network of roads. Mike Guttersen stated Exhibit B indicates where all the locked gates on the ranch are located, and he indicated the oil and gas employees have the combinations to the locks, in order to utilize the rights-of-way. In response to Ms. Johnson, Art Guttersen stated he and his father want people to utilize the main ranch roads, and they do not want to open new areas of the ranch for traffic. Chair Rademacher inquired as to whether the Guttersens are allowed to lock the gates, since the County rights-of-way do not include maintained roads. Bruce Barker, County Attorney, indicated the County rights-of-way are public road rights-of-way and need to be open to the public, to the extent which if a member of the public requests access to the rights-of-way, they must be allowed to utilize the rights-of-way. Chair Rademacher inquired as to whether it matters if there is an actual road or simply a lane up to a well site. Mr. Barker stated a public road right-of-way, which does not appear to be a road, remains a public right-of-way, and he reiterated that if a member of the public wants to utilize a County right-of-way for travel, they have a right to do so. In response to Commissioner Kirkmeyer, Mr. Barker clarified the public does not need a reason to be on the property, since the nature of public road rights-of-way is that any member of the public can utilize the rights-of-way for public travel at anytime. Responding to Chair Rademacher, Mr. Barker confirmed members of the public would still have the right to access the rights-of-way if there were no gates installed at the rights-of-way. In response to Commissioner Kirkmeyer, Mr. Barker confirmed members of the public may walk, or drive, on the public rights-of-way, since that is the nature of public rights-of-way, which is often the reason property owners request the vacation of the rights-of-way on their properties, in order to restrict the public's access to their properties. Commissioner Kirkmeyer inquired as to whether the surrounding properties have other accesses. Art Guttersen confirmed the properties have other accesses and people do not need to travel through the ranch to access those properties. Commissioner Kirkmeyer inquired as to whether vacating these rights-of-way will affect any County oil and gas leases. Mr. Barker stated the oil and gas operators have a right to access the wells, regardless of whether there is a public right-of-way. Commissioner Kirkmeyer indicated she understands that, and she clarified her question is whether any Weld County royalties will be affected if the rights-of-way are vacated. Mr. Barker stated he is unsure whether the County is receiving royalties for any of the rights-of-way being considered today, and the majority of Weld County's oil and gas leases are for areas not containing road rights-of-way; however, vacating the rights-of-way will not affect royalties, since the mineral rights will not be vacated with the public road rights-of-way. He indicated the County never claims mineral rights for the public road rights-of-way; however, the operators sometimes provide a lease, in order to protect the oil and gas companies, and the leases result in generating royalties for the County. Commissioner Garcia stated there are staff concerns in the memorandum regarding a potential need for future rights-of-way for a collector road and transmission lines, and he inquired as to whether there is a method to provide the petitioners with a way to secure their property without vacating the public road rights-of-way. Mr. Barker stated the method currently being utilized is to lock the gates over the road rights-of-way, and most members of the public do not need to utilize the rights-of-way. He stated if members of the public do need to utilize the rights-of-way, they will work out a method to access the rights-of-way, such as the provision of keys for the locked gates. He stated the County does not police its rights-of-way to ensure there are no obstructions, such as locked gates. In response to Commissioner Garcia, Mr. Barker confirmed there is not a process to formally allow the locked gates on Guttersen Ranches, LLC. Commissioner Garcia inquired as to whether there are any ways to satisfy Minutes, September 20, 2010 2010-2213 Page 4 BC0016 both the concerns of the Department of Public Works and the petitioners. Ms. Johnson indicated the petitioners and staff did not conceive of a resolution, which is why the matter is before the Board. Commissioner Conway inquired as to whether these rights-of-way are in the long term transportation plan. Mr. Carroll stated he circulated the petition around the Department and staff indicated it is willing to consider these rights-of-way in the long range planning, since there are no good corridors identified for future roadways in this area yet. He reiterated if the Board chooses to vacate some of the rights-of-way on the ranch, he requests at least the following rights-of-way be retained and removed from the petition: the rights-of-way between Sections 4 and 5, between Sections 8 and 9, between Sections 16 and 17, between Sections 28 and 29, and between Sections 32 and 33. In response to Commissioner Conway, Art Guttersen indicated he is amenable to amending the petition to remove the aforementioned rights-of-way. Responding to Commissioner Kirkmeyer, Mr. Carroll confirmed there is essentially 30-feet of right-of-way between Sections 8 and 9, between Sections 28 and 29, and Sections 32 and 33; therefore, the County will need to acquire additional right-of-way in the future to construct the potential roadway. Commissioner Kirkmeyer stated she understands Mr. Carroll wants to retain the County rights-of-way and she does not typically support vacating County rights-of-way; however, this has been a working ranch for at least 100 years and she understands the frustration with oil and gas companies making it increasingly difficult to ranch the property. She stated there needs to be two (2) conditions of approval; if a corridor is ever needed through the ranch, along County Roads 63 or 65, she does not want the County to be required to purchase the rights-of-way back from Guttersen Ranches, LLC, even though the likelihood of a transportation corridor being necessary within the next 25 years is low, due to limited transportation funding. She stated the second condition of approval she would require is that the petitioners grant private access easements to the two (2) property owners within the ranch, and they cannot charge for the easements, since the property owners have the right to access the parcels. Commissioner Conway asked whether Commissioner Kirkmeyer wants to include both County Roads 63 and 65 in the condition. Commissioner Kirkmeyer stated she wants a broad condition to be written, to indicate that the County would not have to purchase any of the rights-of-way back in future. Mr. Barker indicated he has seen these types of conditions in the past and it does not work out when the County approaches the property owner to request the return of the right- of-way. He suggested the petitioners donate the rights-of-way to the County at this time and the acceptance will not be made until a later date. He stated once the rights-of-way are vacated, the property owners will own it; therefore, the property owners need to donate the rights-of-way at this time, with the understanding the County can accept it at any point in time. Commissioner Kirkmeyer indicated if it is easier to remove certain rights-of-way from the petition, as Commissioner Conway suggested, she will support that. In response to Commissioner Conway, Art Guttersen confirmed County Roads 63 and 65 are on the eastern edge of the ranch, and he stated vacating the areas west of County Road 63 would be an excellent compromise. Commissioner Conway stated the County may never need to utilize the rights-of-way or it may be 50 years before it does. In response to Commissioner Conway, Mike Guttersen indicated he is satisfied with Commissioner Conway's suggestion. Chair Rademacher gave the opportunity for public testimony; however, none was provided. In response to Chair Rademacher, Mr. Carroll reiterated the Department of Public Works policy is to retain all existing public rights-of-way. Commissioner Garcia indicated he noticed Pioneer Communities is located in the far southwest corner of Exhibit A, and he inquired as to whether it received notice about the petition to vacate the County rights-of-way. Mr. Barker stated Pioneer Communities was not notified, since the Clerk to the Board's Office only notifies the adjacent property owners. Commissioner Garcia stated he is not typically in favor of vacating County road rights-of-way; however, there is a good reason to vacate the rights-of-way in this case. He indicated he is concerned about vacating the rights-of-way with the potential of a large, nearby development, such as Pioneer Communities; however, he would like to find a compromise, in order to provide security for the ranch. Commissioner Kirkmeyer stated County Road 26 would be located north of Section 5, where Pioneer Communities is located; however, there is Minutes, September 20, 2010 2010-2213 Page 5 BC0016 no roadway constructed there. She stated Pioneer Communities will have access from County Roads 22 and 49 and internal roadways within the subdivision; therefore, no access is being denied and she does not see a problem with vacating the rights-of-way in this area. Chair Rademacher stated the County does not typically vacate rights-of-way, since it cannot foretell the future, and this is a sizeable piece of land; therefore, he will not support vacating the rights-of-way. He stated it may be expensive to purchase the rights-of-way back in the future. Commissioner Long stated he supports the petition and the Board approved a similar petition, under the same premise, for Wells Ranch, LLLP, which was a historic ranch. He stated he supports vacating the rights-of-way under these circumstances. In response to Commissioner Conway, Mr. Barker suggested the Board require two (2) easements to be granted and recorded for the properties colored blue on Exhibit A, prior to the rights-of-way being vacated. Commissioner Kirkmeyer stated there is a paragraph in the proposed Resolution which indicates, "Be it further resolved by the Board that the granting of the Vacation is subject to full execution and recording of Access Easement Agreements between the petitioner and Robert and Carolyn Koerner, Theodore and Nancy Ravenswaay, and PanEnergy Field Services, Inc." Mr. Barker confirmed the paragraph addresses his concern. He suggested the Board also require an exclusion of any rights-of-way which are within 30 feet of either side of the Section Lines for County Roads 63 and 65, from 1-76 north to the end of the property, which is Section 8. In response to Commissioner Conway, Commissioner Kirkmeyer stated the language Mr. Barker proposed indicates the Board will not vacate any of the rights-of-way adjacent to County Roads 63 and 65, which includes the areas between Sections 8 and 9, Sections 5 and 6, Sections 7 and 8, Sections 16 and 17, Sections 19 and 20, Sections 29 and 30, and Sections 31 and 32. Mr. Barker stated the language not only includes the areas Commissioner Kirkmeyer specified; it also includes the east and west rights-of-way located within 30 feet of those sections. In response to Art Guttersen, Commissioner Conway confirmed the Board is referring to existing rights-of-way along County Roads 63 and 65, between 1-76 and U.S. Highway 34. Commissioner Kirkmeyer moved to approve the vacation of certain rights-of-way, amended with the language provided by Mr. Barker. Commissioner Conway seconded the motion. Upon request for a roll call vote, the motion carried four (4) to one (1), with Chair Rademacher being opposed. CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - MARY JENSEN, DBA HIGHLANDLAKE, INC.: Mr. Barker stated the Sheriff's Office does not have any concerns about the establishment, and he recommended approval of the renewal application. Commissioner Long moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVING SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barb Connolly, Controller, indicated the vehicles listed in Exhibit A will be auctioned on October 2, 2010, in a large combined auction with surrounding communities, including the City of Longmont and some of the surrounding School Districts. Commissioner Conway inquired as to whether the 2007 Ford Crown Victorias are being auctioned due to high mileage. Ms. Connolly indicated those are police vehicles, which adhere to a rotation schedule. Responding to Commissioner Conway, Ms. Connolly indicated the 2007 school bus has not been utilized for approximately six (6) to nine (9) months. In response to Chair Rademacher, Ms. Connolly stated the school bus has 16 seats; however, there is no wheel chair access. Commissioner Conway inquired as to whether the Department of Human Services or the Paramedic Service may be able to utilize the bus. Ms. Connolly stated the Paramedic Service acquired a small bus last year, and it is too large for the AmeriCorp or Teamwork, Innovation, Growth, Hope, and Training (TIGHT) Programs facilitated by the Department of Human Services. Commissioner Long moved to declare said equipment as surplus property and approve the sale of said equipment at the Minutes, September 20, 2010 2010-2213 Page 6 BC0016 auction with Roller and Associates on October 2, 2010. 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 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • � JJ E La As a Radem e , Chair Weld County f 'Clerk to the 41(-11-/1(-11- IA- BY: Rbr arbara Kirkmey r, Pro-Tem/ Deputy Clerk to the Boar:'h1 J j 1t ..— Sean P. Co7 y C illiam F. Garcia O,A C cc David E. 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