HomeMy WebLinkAbout20101406.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 28, 2010
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, June 28, 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 — EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 23, 2010, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on June 23, 2010, as follows: 1) USR #1743 — Lawrence and Linda Lopez, c/o
Tina DeZonia; and 2) USR #1741 — Roswell and Kerry Checketts. Commissioner Long seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SUPER AMERICA, LLC, C/O
DAVID LEWIS (CON'T FROM 6/14/10): Christopher Woodruff, Assessor, stated this item was
continued in order to allow the petitioner additional time to provide information about the contamination
on the property and to allow staff time to determine whether an adjustment is warranted; however, staff
did not receive the information; therefore, he recommends denial of the petition. He stated the
petitioner will have an opportunity to appeal. No representatives of Super America, LLC, or David
Minutes, June 28, 2010 2010-1406
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Lewis were present. Commissioner Long moved to deny said petition, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER STANDARD FORMS OF ADDENDUMS TO AGREEMENT TO PURCHASE
OUT-OF-HOME PLACEMENT SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF
HUMAN SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego,
Director, Department of Human Services, stated these standard forms for addendums for out-of-home
placement providers in Fiscal Year 2010-2011 were provided to the Board at a work session conducted
on June 21, 2010. Ms. Griego stated the standard forms will apply to the following types of agreements
and contracts: Residential Child Care Facility/Therapeutic Residential Child Care Facility; County
Certified Foster Care; Child Placement Agency; Child Placement Agency Group Home/Center;
Residential Child Care Facility/Children's Habilitation Residential Program, and Specialized Group
Home/Center. She stated the addendums will be included on the Consent Agenda if the Board
approves the Resolution, as opposed to considering each addendum as a new item of business.
Commissioner Garcia indicated he is experiencing difficulty locating the documents for this item of
business in the database. Commissioner Conway stated the Board covered this matter in a work
session and Chair Rademacher concurred. Ms. Griego stated the addendums are the same forms
approved for the Consent Agenda last year. In response to Commissioner Garcia, Mr. Barker stated
the forms of addendums have been scanned into the database. Commissioner Conway moved to
approve the standard forms of addendums to the aforementioned agreements and contracts.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL SERVICES
DIVISION POLICIES AND PROCEDURES: Ms. Griego stated the rate setting methodology was
reviewed by the Board at a work session conducted on June 21, 2010, and the Department of Human
Services will be required to provide rate methodology for out-of-home placement and adoption
providers to the State Department of Human Services by July 1 of each even numbered year.
Commissioner Long moved to approve said revisions to Section 2.000, Social Services Division
Policies and Procedures. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TWO AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these amendments
were reviewed by the Board at a work session conducted on June 21, 2010, and the amendments will
provide additional funding for the services provided by Savio House and Jubilee Retreat Center, for the
term ending May 31, 2010. She stated Savio House provided sex abuse treatment and the payment
amount will be increased from $20,000.00 to $25,000.00, and Jubilee Retreat Center provided lifeskills,
through its Bonding Program, and the payment amount will be increased from $65,000.00 to
$75,000.00. She stated all of the payments will be provided from the Core Services funding.
Commissioner Garcia moved to approve said amendments and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER ENTRY ON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, Weed Division, stated she must seek
approval from the Board to enter onto private property in order to carry out weed measures, according
to the Weld County Code. In response to Chair Rademacher, Ms. Booton confirmed there are five (5)
landowners listed on the request; however, the Gallegos Family Trust property was mowed this
morning; therefore, it may be removed from the list. Chair Rademacher stated many of these property
owners appear on the list year after year, and Ms. Booton concurred. Commissioner Long stated many
of the names have changed over the last ten (10) years; therefore, some of the property owners have
successfully removed noxious weeds from their properties. Commissioner Long moved to approve
entry onto various lands by Weld County Vegetation Management Specialist. Commissioner Garcia
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seconded the motion. In response to Chair Rademacher, Ms. Booton stated the property owners have
ten (10) days to respond after the legal notice is mailed; however, before the legal notice is mailed,
phone calls and informational letters are mailed, and the property owners have had the opportunity to
comply for more than (10) days. In response to Commissioner Conway, Ms. Booton stated staff's
attempts to contact the property owners are documented in the Department's records. There being no
further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 62.75 BETWEEN CRS 55 AND 57: Janet Carter,
Department of Public Works, stated said closure will commence June 29, 2010, through July 1, 2010, in
order to replace a culvert, and the average daily traffic count for County Road 62.75 is 127 vehicles,
according to a traffic count conducted in the year 2008. Ms. Carter stated water will be utilized for dust
control on the portions of the detour routes which are not paved, and road signs and barricades will be
utilized to notify drivers of the closure. Commissioner Conway moved to approve said temporary
closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 41 AND 43: Ms. Carter stated said
closure will commence July 12, 2010, through July 23, 2010, in order to replace a bridge deck, and the
average daily traffic count for County Road 74 is 1,541 vehicles, according to a traffic count conducted
in the year 2009. She stated magnesium chloride will be utilized for dust control on the gravel portion
of the detour route, and message boards, road signs, and barricades will be utilized to notify drivers of
the closure. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 49 BETWEEN CR 16 AND SH 52: Ms. Carter stated
said closure will commence July 12, 2010, through July 23, 2010, in order to complete tree work, repair
culverts, and barrow ditches, which are all damages which resulted from flooding. She stated water will
be utilized for dust abatement and there have not been any recent traffic counts conducted for this
section of County Road 49. She stated standard road signs and barricades will be utilized to notify
drivers of the closure. Chair Rademacher inquired as to whether Ms. Carter can estimate the cost of
the total flood damage. Ms. Carter stated staff is maintaining a running tally of the clean-up costs from
the flooding. Commissioner Garcia moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 65 BETWEEN CRS 14 AND 16: Ms. Carter stated said
closure will commence July 12, 2010, through July 15, 2010, in order to replace a culvert, and the
average daily traffic count for County Road 65 is 44 vehicles, according to a traffic count conducted in
the year 2008. She stated water will be utilized for dust abatement on the unpaved portions of the
detour route, and road signs and barricades will be utilized to notify drivers of the closure. Chair
Rademacher stated he is glad the 15 inch corrugated metal pipe is being replaced with a new 24 inch
corrugated metal pipe, and he hopes it improves the drainage issues for the area in the future.
Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 49.5 BETWEEN CR 58 AND U.S. HIGHWAY 34:
Ms. Carter stated said closure will commence June 28, 2010, through June 30, 2010, in order to
replace two (2) collapsed culverts, and the average daily traffic count for County Road 49.5 is 132
vehicles, according to a traffic count conducted in the year 2006. She stated dust control measures will
be taken as needed on the gravel portion of the detour route. She stated this is an emergency closure,
due to road signage being required along U.S. Highway 34 within the timeframe required by the
Colorado Department of Transportation (CDOT); therefore, the Department needed to hire a consultant,
and Northern Colorado Traffic Control (NCTC) has been hired. In response to Commissioner Conway,
Ms. Carter clarified CDOT does not require the County to hire a consultant for this road closure;
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however, the types of sign bases the Department had in stock were not bases CDOT allows on its
roadways, and there was too short of a timeframe for the Department to be able to order and install the
types of sign bases which are required by CDOT; therefore, the County hired NCTC, which had the
necessary sign bases in stock. Further responding to Commissioner Conway, Ms. Carter stated she is
unaware of the costs associated with hiring ENTC; however, there is an existing contract with NCTC for
this type of situation. Commissioner Conway moved to approve said temporary closure.
Commissioner Garcia seconded the motion. Chair Rademacher requested that Ms. Carter contact
CDOT to relay a citizen's concern about a situation with a ditch undermining State Highway 52, and he
stated he sent an e-mail to Pat Persichino, Director, Department of Public Works, regarding the matter;
however, he has not received a response. Ms. Carter stated she will contact CDOT about the matter.
There being no further discussion, the motion carried unanimously.
CONSIDER ACCEPTING EQUIPMENT FROM APPROVED 2010 HOMELAND SECURITY GRANT
PROPOSALS FOR VARIOUS PROJECTS: Roy Rudisill, Director, Office of Emergency Management,
stated he is requesting that the Board accept the equipment which has been awarded as the result of
various 2010 Homeland Security Grant Proposals, and the equipment awarded, as a result of the
baseline grant, includes tactical communications equipment, a rapid deployment vehicle, and a fiber
optic camera system. Mr. Rudisill stated the equipment, which is being awarded as the result of a
competitive grant, includes an Explosive Ordinance Disposal (EOD) MK3 Robot, an EOD 9 suit, an
EOD x-ray source, and a second trailer and other various items for the Northeast Region Animal
Response Team; and the total cost of all the equipment from both the baseline and competitive grants
is $214,621.00. He stated there are no matching funds required from the County and the equipment is
entirely paid for by the Governor's Office of Homeland Security; however, the County will be
responsible for the cost of supporting and maintaining the equipment. In response to Chair
Rademacher, Mr. Rudisill confirmed the Cop Link Project was removed from the list of equipment being
proposed to the Board for acceptance after feedback he received at the work session, since he wants
to first ensure Affiliated Computer Systems (ACS), Inc., is aware of the project, and he will come back
before the Board to request acceptance of the Cop Link Project. Commissioner Long moved to accept
said equipment. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND
AUTHORIZE CHAIR TO SIGN: Mr. Rudisill stated this is the agreement for the 2010 Emergency
Performance Grant (EMPG), for funding in the amount of $60,000.00, and the funding period
commenced October 1, 2009, and it will end June 30, 2011. Commissioner Garcia moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER SATELLITE SERVICE AGREEMENT FOR IRIDIUM PHONE AND AUTHORIZE CHAIR
TO SIGN - SATELLITEPHONESTORE.COM: Mr. Rudisill stated the satellite phone is an item of
equipment which the Office of Emergency Management possesses; however, he hopes it never needs
to be utilized, since if the satellite phone is utilized, it means the cellular phones and other
communication systems are out of service. He stated this is a separate phone agreement from the
cellular phone service agreements, and he has communicated with Susan Quick, Department of Phone
Services, about the satellite phone, and she is aware the payments will be made by the Sheriff's Office,
as opposed to the Department of Phone Services. He stated the options available for the agreement
include purchasing a lump sum of minutes or purchasing a monthly plan, and he elected to select a
monthly plan, in case the satellite phone is utilized, which may result in exceeding the number of
allotted minutes in the lump sum. Chair Rademacher stated the agreement indicates the service will
cost $44.00 per month for 20 minutes, and if the number of minutes allotted monthly is exceeded, it will
cost $1.29 per minute. Mr. Rudisill concurred. In response to Commissioner Conway, Mr. Rudisill
stated last year the Department utilized the satellite phone for a total of approximately 25 minutes for
training exercises; however, it was not utilized for any emergencies. Mr. Rudisill stated after the
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tornadoes created communications problems in the year 2008, grant funding was awarded to install an
antenna at the Emergency Operations Center (EOC) and to purchase the satellite phone. In response
to Commissioner Conway, Mr. Rudisill reiterated the monthly plan will provide 20 minutes of satellite
phone usage per month; however, the satellite phone was just utilized for approximately 25 minutes last
year. Commissioner Conway inquired as to how the monthly plan will save the County money and he
inquired as to what the reduced cost per minute is when entering into the monthly plan. He stated the
monthly plan will provide 20 minutes per month, which is 240 minutes per year, and he inquired how
much the usage will cost per minute without a monthly plan in place. Mr. Rudisill stated the satellite
phone customers must select a monthly plan or annual plan; one cannot elect to be billed only when
the phone is utilized. In response to Commissioner Conway, Mr. Rudisill stated the monthly plan he is
recommending is the least expensive, most efficient option, which will cost $43.95 per month.
Commissioner Conway stated the Office of Emergency Management should strive to utilize all the
minutes being purchased, and he suggested conducting training exercises when nearing the end of
month, if there are remaining unused minutes for the month.
Monica Mika, Director of Finance and Administration, inquired as to whether this is the only satellite
phone in Weld County. Mr. Rudisill stated the Office of Emergency Management has two (2) satellite
phones and the Weld County Sheriff's Office has one (1) satellite phone system in the command bus;
however, he is requesting a service contract for only one (1) of the phones. He stated the Union
Colony and Fort Lupton Fire Departments may also each have one (1) satellite phone. Ms. Mika
inquired as to whether there is a need for multiple satellite phones within Weld County, since this phone
was underutilized. She also inquired as to whether the training exercises will clearly benefit Weld
County, as opposed to the Homeland Security Region. Mr. Rudisill stated he has not examined the
usage of the other satellite phones within Weld County; however, this satellite phone was purchased
specifically for the Office of Emergency Management. He stated when the Homeland Security grant
was applied for and the equipment accepted, Weld County agreed to assist the region. Ms. Mika stated
when the County acquires equipment under Homeland Security grants to benefit region, she believes it
is appropriate when the equipment is paid for by the grant; however, when the equipment is retained by
Weld County and it is utilized by other areas in the region, there is not a process in place for cost
reimbursement from those areas which utilized the equipment. She stated she is in favor of supporting
the region if there is a process in place for cost reimbursement. Mr. Rudisill stated when the tornadoes
hit the Town of Windsor in the year 2008, the Town of Windsor received bills from the various
responding agencies before the Town of Windsor and the County knew the local governments would be
reimbursed by the Federal Emergency Management Agency (FEMA) or grant funds. He stated when
the County accepts equipment, it should consider what the cost will be to utilize and dispatch the
equipment. He stated if Weld County responds to Morgan County, for example, and Weld County
utilizes four (4) hours on the satellite phone, Morgan County would receive a bill from Weld County for
the satellite phone usage. Mr. Rudisill stated Weld County would ultimately be responsible for the bill;
however, it would be requesting reimbursement from Morgan County through the billing. He stated
there are no Memorandums of Understanding (MOU) in place regarding these types of matters;
however, he can draft a document which may be utilized in this type of circumstance. In response to
Chair Rademacher, Mr. Rudisill stated the only phone the County is paying the service agreement for is
the one (1) at the Sheriff's Office command bus, and the fire departments are responsible for paying for
service plans for the satellite phones at their facilities. Chair Rademacher indicated he would like a
work session to be conducted regarding this matter. Mr. Rudisill stated this phone will not be
operational until an agreement is signed and he is in favor of participating in a work session about this
matter. Commissioner Conway moved to continue the matter to July 12, 2010, at 9:00 a.m., in order to
conduct a work session. Commissioner Long seconded the motion. Ms. Mika requested the Board
provide Mr. Rudisill with specific information the Board would like to be informed about at the work
session, for example, information about the other satellite phones Weld County has access to, and the
MOU format it would like to see for equipment purchased through Homeland Security grants. Chair
Rademacher indicated Ms. Mika understands the issues and he directed her to meet with Mr. Rudisill
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after the meeting to relay the specifics of what the Board would like to be informed about at the work
session. Commissioner Conway indicated he would like to be shown a cost comparison for different
satellite phone service providers. Ms. Mika stated Weld County is arriving at a point where much of the
equipment purchased as the result of Homeland Security grants is now becoming Weld County's
responsibility financially; therefore, the regional impact needs to be evaluated. There being no further
discussion, the motion carried unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A BOARD
OF EQUALIZATION FOR CALENDAR YEAR 2010: Commissioner Garcia moved to authorize the
Board of County Commissioners to convene as a Board of Equalization for Calendar Year 2010.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER SUPPORT OF LOCAL ADMINISTRATION OF COLORADO'S HUMAN SERVICES
SYSTEM AND A COMMITMENT TO EXCELLENCE: Bruce Barker, County Attorney, stated an
example of this Resolution was mailed to Weld County by Colorado Counties, Inc., (CCI), which is
recommending all of Colorado's counties pass a similar resolution to provide support for the local
administration of Human Services, and he recommended approval of the proposed Resolution.
Commissioner Conway moved to approve said Resolution. Commissioner Long seconded the motion.
Commissioner Conway thanked Commissioners Kirkmeyer and Long for their contributions on this very
important matter. Commissioner Garcia stated this Resolution discusses a number of
recommendations to protect children which have been adopted by Weld County, and Weld County's
opposition to the centralization of Child Protection Services at the State level and limited local control.
Commissioner Long stated the State has taken the position that centralization will be more protective;
however, in the States where centralization has been implemented, it has been determined that a
County administered system is more effective in protecting children and it saves more lives. He stated
the reports and Resolutions are processed more quickly when completed at a local level, which results
in children being quickly protected. Commissioner Conway stated there have been a number of studies
conducted on locally and centrally operated Child Protection Services, and the most recent study he is
aware of indicated nine (9) of the ten (10) States with the highest incidents against children were State
operated, as opposed to being locally operated, and the ten (10) States with the lowest incidences
against children were all locally operated. He stated if Colorado's Child Protective Services become
centrally operated, Colorado may become one (1) of the States with the most incidences against
children. He stated another concern if the Child Protective Services become centrally operated is the
cost of operating the programs, which may significantly increase. There being no further discussion,
the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAMILIES, YOUTH, AND CHILDREN
COMMISSION: Commissioner Garcia moved to appoint Lawrence Raimer and Kynda Wolfrum to the
Families, Youth, and Children Commission, with terms to expire December 31, 2010, and
December 31, 2011, respectively, and to reappoint Cindy Almond and Joseph Bodine to said board,
with terms to expire December 31, 2012. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO HUMAN SERVICES COMMITTEE:
Commissioner Garcia moved to appoint Elizabeth Barber and Jodi Hartmann to the Human Services
Committee, with terms to expire December 31, 2011; appoint Beth Danielson to said board, with a term
to expire December 31, 2010; and to reappoint Cornelia Dietz and Kevin Thompson to said board, with
terms to expire December 31, 2012. Seconded by Commissioner Conway, the motion carried
unanimously.
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CONSIDER REAPPOINTMENT TO BOARD OF RETIREMENT: Commissioner Conway moved to
reappoint William Hughes to the Board of Retirement, with a term to expire July 31, 2014. Seconded
by Commissioner Long, the motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2010-8, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Commissioner Long moved to read Code Ordinance #2010-8 by title only.
Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Barker read the Ordinance
into the record by title. Mr. Barker stated there are a few changes being proposed for second reading,
one (1) of which includes adding the words, "calendar year", in order to provide clarity to
Section 3-5-20.
In response to Mr. Barker, Patti Russell, Director, Department of Human Resources, clarified the
calendar year will apply to Family Medical Leave Act (FMLA) absences when it is utilized for caring for
ill family members and when sick leave is utilized for caring for ill family members, in order to make all
the County benefits consistently based on the calendar year. Mr. Barker stated the other proposed
change in Section 3-5-20 indicates sick leave may not be utilized for a total of more than six (6) months
within any 12 month period, which is consistent with prior practice; however, a portion of the section is
being removed which referred to long term disability. In response to Mr. Barker, Ms. Russell stated a
work session was conducted on June 21, 2010, regarding the amount of time employees will be allotted
for use of the County medical clinic. She stated it has been determined four (4) visits will be allowed
per employee, per calendar year, and the Section addressing clinic time is 3-6-150. Mr. Barker stated
the last proposed change for the second reading is in Section 3-12-20, and it will increase the
percentage of employees' gross earnings which are contributed to the Weld County Retirement plan
from six (6) percent to (9) percent. Chair Rademacher gave the opportunity for public testimony;
however, none was provided. Commissioner Long thanked staff for bringing the necessary changes to
the Board's attention and he stated he is thrilled the County will be able to assist employees through
the introduction of the County medical clinic, and he moved to approve Code Ordinance #2010-8 on
second reading, with the proposed amendments. Seconded by Commissioner Garcia, the motion
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1723 - CEDAR CREEK II, LLC, C/O BP WIND ENERGY NORTH
AMERICA, INC.: Chris Gathman, Department of Planning Services, stated collateral was submitted on
June 21, 2010, in the amount of $1,128,472.00, and the collateral amount has been determined to be
sufficient to cover the proposed improvements. In response to Commissioner Garcia, Mr. Gathman
stated the amount includes the decommissioning costs, and staff and the County Attorney's Office have
reviewed the matter and find the proposed documents and collateral to be sufficient. Commissioner
Long thanked Mr. Barker for working with BP Wind Energy North America, Inc., to determine a long
term solution for the issue of decommissioning. Mr. Barker stated the decommissioning plan is
Exhibit F on Page 90 of the scanned documents, and it includes a provision stating that beginning on
the 10th year, after the value of the units has depreciated, an appraisal of the salvage value of the units
and the decommissioning costs will be conducted every five (5) years, to ensure the collateral is
sufficient and that an additional 20 percent above the proposed cost will be provided.
Jim Borgel, Hall and Hart, representative for Cedar Creek II, LLC, indicated he is available for
questions, and he thanked the Board and staff for their work. Chair Rademacher thanked Mr. Borgel
for attending. Mr. Barker stated Dave Bauer, Department of Public Works, and Mr. Gathman both
worked hard on this matter and they deserve to be acknowledged. Chair Rademacher thanked
Mr. Bauer and Mr. Gathman. Commissioner Long stated this is new territory and he is pleased a
Minutes, June 28, 2010 2010-1406
Page 7 BC0016
working plan has been developed. Mr. Borgel stated staff did a good job of protecting the County's
interests and the agreement is good for both parties. Commissioner Long moved to approve said
agreement, authorize the Chair to sign, and accept collateral for Use by Special Review Permit #1723.
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.
There being no further business, this meeting was adjourned at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
; WELD COUNTY,COLORADO
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Weld County Clerk to the "J:=
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, EXCUSED O 9 Barbara Kirkmeyer, Pro-Tem
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Minutes, June 28, 2010 2010-1406
Page 8 BC0016
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