HomeMy WebLinkAbout20101000.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 12, 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, May 12, 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 - EXCUSED
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 May 10, 2010, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, read part of the National Environmental Policy
Act (NEPA) into the record, stating "It is declared a national policy which will encourage productive and
enjoyable harmony between man and his environment; to promote efforts which will prevent or
eliminate damage to the environment and biosphere and stimulate the health and welfare of man, and
to further the critical importance of restoring and maintaining environmental quality to the overall
welfare of man declares that it is the continuing policy of the Federal government; to cooperate with
State and local governments and other concerned public and private organizations; to use all practical
means and measures, including financial and technical assistance, in a manner calculated to foster and
promote the general welfare; to create and maintain conditions under which man and nature can exist
in productive harmony; and to fulfill the social, economic, and other requirements of present and future
generations of Americans." Mr. Meyer stated this is the part of the Act which various agencies omit,
since the agencies do not want to comply with it. He stated the U.S. Department of Agriculture (USDA)
Forest Service conducted an Environmental Assessment, as opposed to completing an Environmental
Impact Study which requires the USDA Forest Service to conduct an entire NEPA study. He stated if
the Board does not require the full NEPA study, one will not be conducted; therefore, he requests that
the Board require a complete Environmental Impact Study from the USDA Forest Service. In response
to Chair Rademacher, Mr. Meyer stated NEPA relates to both prescribed burns and prairies dogs.
Mr. Meyer stated the U.S. Fish and Wildlife Service has shown through studies that when up to
90 percent of the prairie dog population is eliminated, it will regenerate 60 to 70 percent of the
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population within one (1) year. He stated that Lori Bell, USDA Forest Service, stated the Department
does not want to conduct a NEPA study because it will cost $250,000.00; however, he believes that is
untrue and that Ms. Bell does not want to conduct the study because it will expose that only an
Environmental Assessment was conducted. He stated the USDA Forest Service indicates it consulted
with the Board of County Commissioners; however, it did not coordinate with the Board. Mr. Meyer
stated coordination requires the Federal plans to be consistent with the local government plans.
Commissioner Conway inquired as to whether anyone has asked the USDA Forest Service if it is willing
to coordinate with Weld County. Mr. Meyer stated coordination was mentioned to Ms. Bell by the
Pawnee Grazing Association Board representatives and Ms. Bell indicated she met all the State and
Federal requirements; however, she did not coordinate under the National Forest Management Act or
the other Federal laws she mentioned in the Record of Decision. Chair Rademacher inquired as to
when the meeting occurred that Mr. Meyer attended. Mr. Meyer stated it was the end of December,
2010. In response to Commissioner Conway, Mr. Meyer confirmed the meeting was prior to the Board
meeting with Ms. Bell and before the Board drafted a related Ordinance. In response to Commissioner
Garcia, Mr. Meyer stated if the Board invokes coordination, the USDA Forest Service must coordinate
with the Board in order to make its plans consistent with local government plans. Mr. Meyer stated if
the Board drafts a Coordination Plan, or a Coordination Policy, which states the Board wants the prairie
dog population reduced by 90 percent and the prescribed burns reduced, the USDA Forest Service
must take the document into account, and if coordination cannot be reached, the matter is forwarded to
the Secretary of the Interior. In response to Commissioner Garcia, Mr. Meyer stated the USDA Forest
Services is only required to cooperate unless coordination is invoked by the Board. Mr. Meyer stated
under coordination, the financial and resource burdens are on the Federal agencies, as opposed to
cooperation, where the burdens fall on the local entities. He further stated that coordination, when
properly implemented, has a 100 percent success rate in winning State and Federal court cases for
local government entities, based on the consistency requirement of coordination. Mr. Meyer stated the
Board may also be able to utilize coordination to require Federal mandates to be fully funded.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL POLICE OFFICERS WEEK - MAY 9-15, 2010, AND NATIONAL PEACE OFFICERS
MEMORIAL DAY- MAY 14, 2010: Chair Rademacher read the proclamation into the record,
recognizing May 9-15, 2010, as National Police Officers Week, and May 14, 2010, as National Peace
Officers Memorial Day.
COMMISSIONER COORDINATOR REPORTS: Commissioner Garcia commended Commissioner
Conway for working hard for Weld County's citizens concerning Federal and State mandates and
exposing related issues. Commissioner Conway stated he is a part of a team, and the Board consists
of five (5) individuals who speak as one (1) and work in unison for the best interests of the citizens,
even though all the Commissioners do not agree on every issue.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND
AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Bruce
Barker, County Attorney, stated the Sheriff's Office does not have any concerns regarding the
establishment; therefore, he recommends approval of the application. In response to Chair
Rademacher, Mr. Barker stated a representative from the Sheriff's Office is only requested to be in
attendance when the Board is considering a Tavern Liquor License or a Hotel and Restaurant Liquor
License application. Commissioner Garcia moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, May 12, 2010 2010-1000
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CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE AND AUTHORIZE CHAIR TO
SIGN — DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated the Liquor/Beer
Renewal Review Form which the Sheriff's Office completes has not been signed; however, typically, if
there is a problem with the establishment, the Sheriff's Office brings the matter to his attention. In
response to Chair Rademacher, Mr. Barker recommended approving the application. Commissioner
Conway moved to approve said application, conditional upon the signed Liquor/Beer Renewal Review
Form being submitted by the Sheriff's Office, and authorize the Chair to sign. Seconded by
Commissioner Garcia, 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 9:20 a.m.
BOARD OF COUNTY COMMISSIONERS
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William F. Garcia
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David E. Long
Minutes, May 12, 2010 2010-1000
Page 3 BC0016
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