HomeMy WebLinkAbout20093130.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 30, 2009
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, November 30, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
Assistant County Attorney, Cyndy Giauque
Acting Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of November 25, 2009, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on November 25, 2009, as follows: 1) AmUSR #485 - Colorado Interstate Gas
Company. Commissioner Conway 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 Rademacher seconded the motion, and it carried unanimously.
NEW BUSINESS:
CONSIDER AMENDED BYLAWS FOR WELD COUNTY WORKFORCE DEVELOPMENT BOARD:
Judy Griego, Director of Department of Human Services, stated the Bylaws were discussed at a work
session conducted on October 26, 2009, and include clarifications which will more broadly define public
assistance membership and non -voting status of associate members, and removes the reference of
"standing membership" for the Director of the Department of Human Services. In response to Chair
Garcia, Ms. Griego stated although the Board can have up to 29 members, she is not aware of
problems with obtaining a quorum for the meetings. Commissioner Conway stated he sits on the Board
as a Commissioner representative, and there was a quorum at the last meeting, with the average
attendance being approximately 15 to 20 members. He stated this is a fairly active group, there has
been a real push in terms of recruitment, and the members take their responsibilities very seriously.
Minutes, November 30, 2009 2009-3130
Page 1 BC0016
Chair Garcia clarified a quorum constitutes at least 50 percent of the members. Commissioner
Rademacher moved to approve said amended Bylaws for the Weld County Workforce Development
Board. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR FAMILY UNIFICATION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Memorandum of Understanding (MOU) was
discussed at a work session conducted on November 16, 2009, in conjunction with the Greeley -Weld
County Housing Authority. She stated the MOU is a requirement of the grant application for Section 8
Housing Vouchers which will be used in the Family Unification Program to help children who are
transitioning out of the foster care program. She further stated they will also be used in a continued
effort to keep families together and/or to reunite families in the child welfare system. Chair Garcia
stated the Board did have a work session with Tom Teixeira, Director of the Greeley -Weld County
Housing Authority, who indicated from the audience that he had no further comments. Commissioner
Conway stated this program is very helpful, especially in transitioning teenagers who experience
difficulties even under the best of circumstances. Chair Garcia commended the efforts of all involved in
this program. Commissioner Conway moved to approve said Memorandum of Understanding and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 24.5 BETWEEN CR 25.5 AND U.S. HIGHWAY 85:
Janet Carter, Department of Public Works, stated the closure will commence December 7, 2009,
through January 22, 2009, in order to replace a bridge. She stated although there are no current traffic
counts for County Road 24.5, magnesium chloride will be applied for dust control and standard road
signs will be posted for traffic control. Commissioner Long moved to approve said temporary closure.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANVASS BOARD CERTIFICATION OF NOVEMBER 3, 2009, COORDINATED
GENERAL ELECTION: Upon review of the submitted materials, Commissioner Conway moved to
approve said Canvass Board Certification of the November 3, 2009, Coordinated General Election.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT FOR
EMPLOYMENT OF ADMINISTRATIVE INTERN AND AUTHORIZE CHAIR TO SIGN: Monica Mika,
Director of Administrative Services, stated this grant contract is for a paid administrative support intern
position for the next two years. She stated the individual who has been selected will be spending three
to four months in various departments conducting a variety of activities throughout the County, as well
as participating in a Human Resources leadership program. She further stated the County is matching
$30,000.00 with the $35,000.00 provided by the State. In response to Chair Garcia, Ms. Mika stated
the County Attorney did review the contract and expressed no concerns. In response to Commissioner
Rademacher, Ms. Mika stated the funding, in the amount of $65,000.00, is for the full two-year period.
Chair Garcia stated he anticipates the selected individual will not just be observing, but actually working
to make a difference, and they will start working on January 4, 2010. Responding to Commissioner
Long, Ms. Mika stated the specific jobs and projects to be assigned were required as part of the grant
application and the individual will have direct oversight by Patti Russell, Director of Human Resources,
with traditional job reviews to help guide their progress and education. Commissioner Rademacher
moved to approve said grant contract and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
Minutes, November 30, 2009 2009-3130
Page 2 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION #4963 - JOURNEY VENTURES, LLC: Michelle Martin,
Department of Planning Services, gave a brief description of the location of the proposed Recorded
Exemption lots, and stated Lot B of the original Recorded Exemption #4744 was recorded in 2008,
therefore, it is not eligible for further division until February 11, 2013. She stated the application
materials indicate proposed Lot A is for the preservation of an archeological research site, with Lot B
remaining under open pit mining production, permitted under USR #1687, approved April 22, 2009. In
response to Commissioner Rademacher, Ms. Martin stated the applicant is proposing to create a
1.6 -acre lot, which meets the one -acre minimum for building if public water is available; however, the
applicant has indicated they have no intentions for building on the research site. In response to Chair
Garcia, Ms. Martin stated the applicant will need to address the width of the proposed parcel.
Don Carroll, Department of Public Works, stated the existing parcel has an approved Use by Special
Review (USR) permit for a mining operation, and the main access is from County Road 58, which is a
paved collector road. He stated County Road 51 is a dead end, the property is located about four miles
directly east of the City of Greeley, and no additional accesses will be created. Responding to
Commissioner Rademacher, Mr. Carroll stated County Road 54 contains 80 feet of right-of-way,
therefore, the applicant will be required to reserve an additional ten (10) feet of right-of-way.
J. C. York, J and T Consulting, Inc., stated the applicant was contacted by the Colorado Historical
Society following the submission of the Recorded Exemption application, as a result of the Division of
Mining, Reclamation and Safety (DRMS) process through the state. In response to Chair Garcia's
previous question, Mr. York stated the lot is approximately 75 feet wide, and he indicated there is only a
small portion of right-of-way dedication because County Road 58 veers away from the property toward
the southwest and does not impact the known location of the artifacts. He stated the applicant
coordinated with the Archeological Conservancy for how to preserve the site, entered into a sales
contract, in June 2009, and submitted the Recorded Exemption application, in August 2009. He stated,
although the application does not comply with the five-year criteria, the applicant feels this is the best
option for preserving the archeological artifacts. He further stated the applicant intends to close on the
property and record the Recorded Exemption plat prior to recording the USR plat. Responding to Chair
Garcia, Mr. York stated the historic site is located on the subject lot and will no longer be part of the
mining site. He further stated approximately 25 feet of the area is currently located within the
designated mining area. In response to Chair Garcia, Ms. Martin stated because the USR plat has not
been recorded, staff determined that, if approved, the proposal is a minor change and a partial vacation
will not be required; rather, the new lot will just be designated on the USR plat. Responding to
Commissioner Conway, Mr. York stated there is not an emergency, since the Archeological
Conservancy may enter into a preservation agreement; however, if the land is sold, a future owner may
not agree to the terms of an existing agreement. Commissioner Conway questioned why the process is
being changed when the artifacts are not in danger.
James Walker, Southwest Regional Director for the Archeological Conservancy, stated they are a
national non-profit organization whose goal, for the past 30 years, has been to acquire and set aside
national archeological sites. He stated there are 15 preserves in Colorado and they work very closely
with the Colorado Historical Society. He stated the subject site is referred to as the Frasier Site, which
they feel is one of most important sites in Colorado. He explained the artifacts were discovered in the
year 1965, along the edge of the Kersey Terrace, containing artifacts dating back approximately 9,500
years. He stated the site is located in the only known Agate Basin in Colorado containing artifacts from
a suspected bison processing site, with 43 bison already being removed from the area located south of
proposed Lot A. He stated initial testing in Lot A found intact deposits which have not been disturbed,
and he feels any archeological site remaining under private ownership is always in danger. He stated
funds are currently being raised which will be used to dedicate the site as a permanent archeological
preserve for the availability to research under controlled conditions. He confirmed there are no plans
for construction, and they are willing to include that as a restriction on the deed and plat. He stated the
Minutes, November 30, 2009 2009-3130
Page 3 BC0016
only other solution is to excavate the entire site; however, excavation also causes damage, and by
keeping the site intact, it preserves very valuable data for future archeological techniques. In response
to Chair Garcia, Mr. Walker stated the other preserves throughout the state are closed to the public, but
open for educational purposes, and Journey Ventures has volunteered to act as a site steward and
contact the Sheriff if there are any problems at the site. Responding to Chair Garcia, Mr. Walker stated
there is a small portion in the southwest corner that is designated for right-of-way reservation, and if the
road is widened in the future, they will excavate that portion first before the road work commences. He
submitted a quarterly members magazine, marked Exhibit A, and responding to Commissioner
Conway, Mr. Walker stated the closest preserve is the Lamb Spring Site near Chatfield Reservoir,
which is a mammoth kill site.
Shina Duvall, Colorado Historical Society, stated her main role is to review projects for federal
compliance with the Historical Preservation Act, and she became aware of the project through the
adjacent mining process review. She read a statement for the record, marked Exhibit B, and stated
although the site has not been officially nominated, it is eligible for listing on the National Register, and
the applicant and DRMS have been very receptive to requests for preservation of the site. In response
to Commissioner Long, Mr. Walker stated the Conservancy has agreed to fence the preserve, and
Journey Ventures has agreed to exclude the subject property from any mining activity by retaining a
30 -foot easement for right-of-way access. He stated if the property is included on the National
Register, the property owners to the south and east would be given the opportunity to participate;
however, their property rights will not be infringed upon. He stated the Register does require mitigation
action, such as excavation, prior to any activity on the site, and the Conservancy will have no authority
over the activities on surrounding properties; however, they would be willing to work with surrounding
owners to negotiate a purchase of their properties if they were interested. Responding to
Commissioner Conway, Mr. Walker stated once the property is obtained, there is no intent to nominate
the site for the State or National Register, unless required to do so as part of a future grant application
process. He further stated a determination of eligibility is typically a quick process at the State level,
and he described the registration process for the record. Responding further to Commissioner
Conway, Mr. Walker reiterated a site designation does not impact uses on surrounding properties.
In response to Chair Garcia, Mr. York stated he has no further presentation. In response to
Commissioners Conway and Rademacher, Mr. Carroll stated once right-of-way is acquired, he is not
certain who is responsible for the cost of an excavation, or how deep the excavation may go. Mr. York
stated approximately 150 to 200 feet will be impacted by the right-of-way reservation. Mr. Walker
commented that regardless of whether Lot A is created, or not, the site has already been determined as
eligible, therefore, any action by the County will require a surface survey, as well as subsurface testing.
He further stated if there is an archeological deposit within the road right-of-way, the entity doing the
road work would also be responsible for funding the archeological recovery work. He stated the
applicant is willing to dedicate the necessary ten (10) feet of right-of-way now; however, the protection
offered by the determination of eligibility will not go away, regardless of whether the land is purchased
or if the Recorded Exemption is granted or denied. Responding to Commissioner Conway,
Ms. Giauque concurred with Mr. Walker's statement. Responding to Commissioner Long, Ms. Martin
stated the closing is scheduled for mid December, and the Board could request a copy of the recorded
deed to ensure the lot is created and the plat recorded prior to the sale date. She stated if the land is
not transferred, then the matter could be brought back before the Board to vacate the Recorded
Exemption. Mr. Walker stated a Purchase Agreement is in place, they are raising funds, and the
closing date is set. Responding to Commissioner Conway, Mr. Walker stated the organization does
abide by its policy that any transfer of property must go to a local, state, or national entity; not to private
ownership, and only about five percent of the preserves have been transferred to entities such as
Native American tribes, universities, national parks, or to other conservation organizations.
Responding to Commissioner Rademacher, Mr. Walker stated there are no water or irrigation
structures within the subject site.
Minutes, November 30, 2009 2009-3130
Page 4 BC0016
In response to Chair Garcia, Ms. Martin confirmed the proposed Conditions of Approval do not include
a restriction on the placement of structures. Mr. York referred to Condition of Approval #3.H and stated
Journey Ventures is diligently working to complete all of the USR plat requirements, including approval
of the Air Permit and review of the existing septic system; however, he does not believe the plat will be
recorded prior to the scheduled closing date, which is set for December 18, 2009. Ms. Martin stated
the USR was approved in April 2009, and it was staffs' intent to use approval of the Recorded
Exemption as incentive to complete the USR requirements. She expressed no concern with eliminating
Condition of Approval #3.H, with the understanding that the applicant work to complete the USR and
have the plat recorded. Commissioner Rademacher agreed with allowing the Recorded Exemption to
proceed; however, he requested the applicant be given a deadline for completing the USR. Ms. Martin
suggested having the applicant agree to a date certain for the record; however, she recommended
against including a date in the Condition, which may prevent recording of the Recorded Exemption plat
until the USR plat is recorded. Mr. York indicated the USR could be finalized by end of March, 2010;
however, June, 2010, would be preferable. Ms. Martin suggested modifying Condition of Approval #1.H
to indicate the applicant will enter into a written agreement requiring the completion of USR #1687 by
June 30, 2010, and once the agreement is submitted, the Condition will be satisfied. In response to
Ms. Giauque, Commissioner Rademacher clarified his intent was to require a written agreement
stipulating the applicant will complete the USR on, or before, June 30, 2010, which would allow the
recording of the plat for the Recorded Exemption prior to the scheduled closing date, and the Board
concurred. Mr. York indicated he has reviewed, and agrees with, the Conditions of Approval, as
presented and modified.
Mr. Carroll requested clarification concerning the ten -foot right-of-way dedication. Commissioner
Rademacher indicated the right-of-way dedication is not crucial because if the road is widened at some
point in the future, the County will be responsible for the cost of mitigation. Commissioner Conway
indicated he prefers to have the right-of-way dedication issue resolved now, since the applicant is
willing, and then deal with the cost in the future if mitigation becomes necessary. Ms. Martin proposed
modifying Condition of Approval #3.F to read, "County Road 58 is designated on the Weld County Road
Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is
presently 60 feet of right-of-way. An additional ten (10) feet shall be delineated on the plat as 'County
Road 58 Right -of -Way', per separate document. All setbacks shall be measured from the edge of
future right-of-way. The applicant shall verify, and delineate on the plat, the existing right-of-way and
the documents creating the right-of-way." In response to Chair Garcia and Commissioner
Rademacher, Ms. Martin clarified the dedication would be accomplished through a separate document,
the recorded reception number would be placed on the plat, and the requirement would need to be
completed prior to the closing date on December 18, 2009. Ms. Giauque suggested the language be
further amended to indicate the separate document will be executed and submitted prior to the closing.
Commissioner Long indicated he would also like to include a clause which prevents the taxpayers from
being held liable for mitigation costs should the road be expanded in the future. Ms. Giauque stated
she will have to research the matter; however, she believes a "hold harmless" clause could be
addressed in the separate agreement, rather than the Conditions of Approval. Ms. Martin stated, based
on the previous discussion, an additional Condition may be added to state, "The applicant shall
dedicate, through a separate document, the additional right-of-way necessary for County Road 58
widening.", and she noted that Condition of Approval #3.F, as previously proposed, will require the
dedication to be shown on the plat. She also proposed modified language for Condition of Approval
#3.H to state, "The applicant shall enter into a written agreement to have the USR submitted for
recording on, or before, June 30, 2010." In response to Chair Garcia, Ms. Giauque reiterated a "hold
harmless" clause could be included in the separate Right -of -Way Agreement.
Commissioner Long suggested this matter be continued because, although he is not opposed to the
application, he does want to protect the taxpayers in the future, and the Board concurred a continuance
may be appropriate to allow adequate time to negotiate the terms of an agreement and finalize the
proposed language for the Conditions of Approval. In response to Commissioner Conway, Mr. York
Minutes, November 30, 2009 2009-3130
Page 5 BC0016
stated they will attempt to resolve the outstanding right-of-way and mitigation issues within the next
week to address possible unforeseen costs. In response to Mr. York, Commissioner Rademacher
stated his concerns will be addressed when the applicant submits a written statement from the
Conservancy and Colorado Historical Society indicating there are no artifacts in the right-of-way.
Ms. Giauque stated she will work on the matter during the upcoming week; however, she requested a
continuance until Wednesday, December 9, 2009, to allow adequate time for review of the matter by
Bruce Barker, County Attorney, when he returns to the office. Mr. York indicated one week is adequate
time to resolve the matter, and Mr. Walker stated he is willing to travel back from New Mexico.
Mr. Walker added there are state and federal laws in place which are tied to funding of federal permits,
and he stated, based on past experience, it is often very difficult to generate iron -clad language
ensuring the County will not be held liable for any of the mitigation costs at the site. He stated the site
has already been determined as eligible; however, they do have some preliminary testing results that
may indicate a high likelihood that there is nothing subsurface in the area of the designated right-of-
way. He stated there are approximately 800 to 1,000 archeological sites in Weld County, and it is not
uncommon for them to be located near County roads which are scheduled for expansion. He further
stated the best mitigation measure is avoidance, meaning the County may need to design the road so
the curve does not impact the subject site in an effort to avoid mitigation measures entirely, and it is
also quite possible that there is nothing on that portion of Lot A.
Commissioner Conway moved to continue Recorded Exemption #4963 to December 9, 2009, to allow
adequate time for staff, the applicant, and the other participants to negotiate the various items of
concern expressed by the Board. Seconded by Commissioner Long, 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the
BY:
WELD
COUTITY, COLORADO
William F. Garcia. C air
Sean P. Conway
EXCUSED
Barba Kirkmeyer
K
David E. Long
Minutes, November 30, 2009 2009-3130
Page 6 BC0016
Hello