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Home My WebLink About20100583.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 22, 2010 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, March 22, 2010, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner William F. Garcia Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of March 17, 2010, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on March 17, 2010: 1) AmUSR #1679 — JLW Investment, LLC. Commissioner Kirkmeyer 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 Kirkmeyer seconded the motion, and it carried unanimously. NEW BUSINESS: CONSIDER LIVEWELL COLORADO COMMUNITY INVESTMENT CONTRACT AND AUTHORIZE CHAIR TO SIGN — LIVEWELL COLORADO: Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, stated the term of this contract will be retroactively effective from January 1, 2010, through December 31, 2010. He stated LiveWell Colorado is a statewide initiative aimed at reducing overweight and obesity rates and related chronic diseases. He further stated the program also strives to promote healthy eating, active living, and environmental changes, utilizing strategies to improve access to healthy foods and enhanced opportunities for physical activity in area communities, worksites, and schools. Dr. Wallace stated the contract provides $99,978.00 in private funding. In response to Commissioner Garcia, Dr. Wallace indicated the contract amount represents a gradual Minutes, March 22, 2010 2010-0583 Page 1 BC0016 a34ci/0 decrease in funding, as well as reduced staff levels, and he reiterated the programs endorse trail utilization and bring in experts to speak within municipalities on these issues. Commissioner Garcia moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER SCOPE OF WORK FOR 2010 PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this grant is received on an annual basis from the Center for Disease Control (CDC), with the funds being coordinated through State departments aligned with the LiveWell Program. He stated the term of the grant is from April 1, 2010, through December 31, 2010, and the project focuses on activities in east Greeley and the surrounding unincorporated areas in Weld County to provide affordable fresh foods. He stated the grant is for an amount not to exceed $55,000.00. In response to Commissioner Conway, Dr. Wallace indicated this program will benefit the neighborhoods in and around east Greeley, and this will serve as a pilot project that may expand into small rural communities throughout Weld County. Commissioner Kirkmeyer moved to approve said Scope of Work for the 2010 Preventive Health and Health Services Block Grant and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 21 BETWEEN CR 28 AND STATE HIGHWAY 66: Janet Carter, Department of Public Works, stated the closure will commence April 5, 2010, through April 9, 2010, in order to replace a culvert for irrigation drainage. She stated the average daily traffic count on County Road 21, in 2006, was approximately 676 vehicles, magnesium chloride will be used for dust control on the detour route, and standard barricades and message boards will be used for traffic control during the closure. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN CR 6 AND STATE HIGHWAY 52: Ms. Carter stated the closure will commence April 5, 2010, through April 9, 2010, in order to upgrade culverts prior to an overlay project. She stated the detour route is paved, standard road signs and barricades will be used for traffic control, and message boards will be placed for advance notice. In response to Commissioner Kirkmeyer, Ms. Carter stated she will forward her concerns regarding the significant timing delays caused by the traffic signal at the intersection of U.S. Highway 85 and County Road 6; however, she is uncertain whether any action will be taken by the Colorado Department of Transportation. Commissioner Garcia moved to approve said closure. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF EAST 18TH STREET BETWEEN ELDER AND FERN: Ms. Carter stated the closure will commence March 29, 2010, through April 2, 2010, in order to replace a culvert. She stated the detour route is paved, and standard road signs and barricades will be used for traffic control during the closure. Commissioner Conway moved to approve said closure. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 70 AND 72: Ms. Carter stated the closure will commence March 29, 2010, through April 2, 2010, in order to replace a culvert for irrigation drainage. She stated the average daily traffic count on County Road 47, taken in 2008, was approximately 245 vehicles, dust control will be provided by water trucks on the detour route, and standard road signs and barricades will be used for traffic control during the closure. Commissioner Garcia moved to approve said closure. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LEASE AGREEMENT FOR LUPTON BOTTOM WEST LATERAL DITCH WATER RIGHTS AND AUTHORIZE CHAIR TO SIGN — JOE MILLER: Clay Kimmi, Department of Public Works, stated Joe Miller has expressed interest in leasing two shares of the Lupton Bottom West Minutes, March 22, 2010 2010-0583 Page 2 BC0016 Lateral Ditch water rights, which will demonstrate Weld County's continued use of the water rights, which are not currently involved in any substitute water supply plans or court cases. In response to Chair Rademacher, Mr. Kimmi stated the consumptive use is approximately 110 acre feet, per share, for a total of approximately 220 acre feet. Commissioner Conway moved to approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER LEASE AGREEMENT FOR FULTON DITCH WATER RIGHTS AND AUTHORIZE CHAIR TO SIGN - PETROCCO FARMS, INC., C/O DAVID PETROCCO, SR.: Mr. Kimmi stated under this agreement Petrocco Farms, Inc., will continue to lease 28 shares of unused water rights, which will allow Weld County to demonstrate continued use of rights that are not part of any substitute water supply plan or court case. Commissioner Long moved to approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously FINAL READING OF CODE ORDINANCE #2010-2, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15 VEGETATION, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Ordinance #2010-2 by title only. Seconded by Commissioner Garcia, the motion carried unanimously. Bruce Barker, County Attorney, read said Ordinance into the record by title. He stated no changes are being proposed since the second reading and he recommends approval. No public testimony was offered concerning this matter. Commissioner Long moved to approve Ordinance #2010-2 on final reading. The motion was seconded by Commissioner Conway. Commissioner Long stated this matter was open to the public and the Forest Service was invited to attend. He stated although Forest Service representatives are not in attendance today, the Board does have a meeting with Pawnee National Grassland Ranger, Lori Bell, scheduled for tomorrow, at 9:15 a.m., to discuss the concept of Coordination, which will allow Weld County to be a part of the process when deciding whether to conduct a controlled burn. He stated Weld County and area residents are requesting involvement on deciding if, when, and where there will be a burn, how it will be conducted, as well as full disclosure of the cost for conducting a burn. He noted the County is still waiting on a response concerning the overall cost of the burn that was conducted last year, and he indicated the delayed response makes him wonder if the Forest Service is trying to keep something hidden concerning the cost to the taxpayers for that project. Commissioner Conway concurred, and he commended Commissioner Long for his leadership on this issue. He also noted the Forest Service has decided to cancel this year's burn, which indicates they are beginning to listen to Weld County on this issue. Commissioner Conway further stated that last Summer the Weld County Commissioners met with the Congressional delegation, including Congresswoman Betsy Markey and Senator Michael Bennett, who assured the Board that a cost analysis of last year's burn would be provided; however, he has been disappointed that it was not provided as promised. He stated he intends to raise that issue at the upcoming meeting, and he hopes the meeting with Lori Bell will begin a new era of Coordination among the Forest Service, Weld County representatives, and area citizens in terms of determining what activities are conducted on the Pawnee National Grassland. He further noted the burn cancellation action was done following a press release issued by the Forest Service stating drought conditions on the Grasslands are severe and open fires will be banned. Commissioner Garcia concurred with the previous comments and stated in past years there has been a barricade in place by the Forest Service; however, he looks forward to the opportunity for open discussions concerning future activities on the Grasslands. Chair Rademacher agreed, and stated it is very important that the discussions involve the Board and interested public, since this issue is very important to the livelihood of the area. There being no further discussion, the motion carried unanimously. PLANNING: CONSIDER RECORDED EXEMPTION #4911 - EDWARD AND JANET SCHMID: Chris Gathman, Department of Planning Services, stated Recorded Exemption #4911 was originally heard by the Board in June, 2009, and was referred back to staff to allow additional time for the property owner and the Minutes, March 22, 2010 2010-0583 Page 3 BC0016 Lower Latham Reservoir Company to resolve site layout issues. He displayed the agreed upon site layout, and indicated the boundary has been realigned, including a flagpole to access an existing irrigation well which will be conveyed to the Lower Latham Reservoir Company. He stated the ditch company is also proposing a new access from County Road 49.5, due to concerns regarding the placement of a guyed wire that may pose access complications for large equipment at the existing access. Mr. Gathman reiterated the proposed Recorded Exemption (RE) will create a residential lot for Edward and Janet Schmidt to the north, and an area to be constructed as a recharge pond for the Lower Latham Reservoir Company to the south. He stated this matter is being presented to the Board, since the original Recorded Exemption #4572 was recorded on March 7, 2007, and this application is being made within the restricted five-year timeframe. In response to Commissioner Kirkmeyer, Mr. Gathman explained the lot designations will actually be switched so that Lot B, consisting of approximately 41 acres, will be owned by the Schmidts and will be eligible for further division in five years, and Lot A, to the south, consisting of 34.9 acres, will be owned by the Lower Latham Reservoir Company. Responding further to Commissioner Kirkmeyer, Mr. Gathman indicated the proposed RE-4911 will be the third RE in the area. In response to Commissioner Kirkmeyer, Don Carroll, Department of Public Works, stated there will be a minimum of 75 feet between the two accesses, and the average daily traffic count for County Road 49.5, taken in 2006, was approximately 112 vehicles. Mr. Carroll stated he visited the site this morning and confirmed there is an existing guyed wire which may impose access problems for large equipment. Responding to Commissioner Conway, Mr. Carroll stated there is an access north of the ditch which is used to conduct ditch maintenance and field irrigation, and there is an existing residence on the south side of the ditch; however, it is not part of the subject RE parcel. He agreed that the proposed access would be a better location. In response to Chair Rademacher and Commissioner Kirkmeyer, Mr. Carroll stated the existing access will not be closed; rather, it will remain classified as an agricultural access, since it is used for ditch maintenance and irrigation. Edward Schmidt, applicant, stated the Lower Latham Reservoir Company has been looking for augmentation or recharge sites, and determined this area is very desirable due to suitable soils and water delivery options. In response to Commissioner Rademacher, Mr. Schmidt indicated the ditch representative will need to address the urgency of the request. Doug Seeley, Lower Latham Reservoir Company representative, stated he has been assisting the ditch company with its plans for augmentation development of approximately 90 wells in the Lower Latham system. He stated the ditch company has been borrowing water rights; however, it was determined that it will be more cost effective to construct recharge pond facilities. Mr. Seeley stated the subject site is an ideal location due to favorable soil conditions and suitable water table levels, and he indicated the existing reservoir storage is just a temporary solution. Responding to Commissioner Kirkmeyer, Mr. Seeley stated, if approved, he anticipates they will commence with pond construction immediately. Commissioner Kirkmeyer clarified she wants the record to be very clear concerning the reasons presented to justify granting a Recorded Exemption prior to the five-year requirement. Responding further to Commissioner Kirkmeyer, Mr. Seeley indicated there will be one individual, the ditch Superintendent, who will monitor deliveries into the pond, and Mr. Seeley will visit the site on a monthly basis to collect data. In response to Chair Rademacher, Mr. Seeley stated he is uncertain which access will be used for irrigation purposes. Dennis Hoshiko, Lower Latham Reservoir Company representative, stated the proposed recharge pond is needed for irrigation purposes of area agriculturalists and share holders, and he requested approval of a variance from the five-year requirement. He stated the end result will have a minimal impact on the surrounding area, since it will only be accessed by one or two individuals on a monthly basis, and it will be dry during the winter months. Mr. Hoshiko stated the ditch company has been very sensitive about the impact to surrounding land uses, and he indicated it is very difficult to find areas in the Lower Latham basin where water will seep back into the ground. He explained modern irrigation practices Minutes, March 22, 2010 2010-0583 Page 4 BC0016 have actually resulted in a rising of the water table, and the State Engineer's Office is reporting high water table levels throughout Weld County. In response to Commissioner Conway, Mr. Hoshiko stated the ditch company has been searching for an ideal site for approximately five years, and they have had an augmentation plan in process for approximately eleven years. He stated the recharge ponds are one of the last components necessary to complete the augmentation plan, and he explained the benefit of the recharge process is that it eliminates problems of frost, evaporation, etcetera, while seeping back to the river. In response to Chair Rademacher, Mr. Schmitt indicated he has reviewed, and concurs with, the Conditions of Approval, as proposed. Commissioner Garcia moved to approve Recorded Exemption #4911. The motion was seconded by Commissioner Conway. Commissioners Kirkmeyer and Conway indicated they support this request due to the urgency and beneficial aspects of the ditch company's augmentation plan. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2010-2 was approved on final reading. 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ('I. a C;>c,, % Q. • Y^ Do las,na emac er, air Weld County Clerk to th= t, "' - O RI � rba Kirkmeyer,Pro-Tem Deputy Clerk to the Bo- �►` � \ ea'. ay� ci W ' m F. Garcia Davi . Long I Minutes, March 22, 2010 2010-0583 Page 5 BC0016 Hello