HomeMy WebLinkAbout20091760.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 29, 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, July 29, 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 - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 27, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and
it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Long moved to read Emergency Ordinance No. 242-A by
tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Long stated he is ready to make a determination regarding
the Violation Hearing item for which there was a split vote on July 14, 2009. Commissioner Rademacher
moved to add New Item of Business #5) Consider ZCV #0900086 - Amaya/Simentel. Seconded by
Commissioner Long, the motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated she attended the
Highway 85 Coalition Meeting last night, along with Chair Garcia and Commissioner Conway, and all of
the municipalities have signed resolutions regarding forming the Highway 85 Coalition. She stated the next
meeting will include a "visioning session", and it will be conducted on August 20, 2009, at 6:30 p.m., at the
Fort Lupton Fire Department facility, for the purpose of discussing the functionality of the Corridor.
Commissioner Kirkmeyer stated there has been discussion regarding applying for a grant for the Corridor,
which is due August 1, 2009; however, the Coalition does not have the details figured out. She stated that
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she hopes the City of Evans will sponsor the grant, instead of Weld County, since it does not have any
grants for the upcoming cycle; however, ultimately it may not be important which one sponsors it, since
it is a regional grant.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 15
AND AUTHORIZE CHAIR TO SIGN - MATTHEW HAUSER: Don Dunker, Department of Public Works,
stated the right-of-way is located north of County Road 104 and approximately six miles northwest of the
Town of Nunn. Mr. Dunker stated the agreement is a requirement for RE #4927, which is a 2 -lot land split.
He stated Lot A will be 34 acres in size and Lot B will be 44.7 acres. He further stated the proposed
roadway will be constructed and maintained as an all-weather service road and Lot A will be accessible
from it, and there is existing access for Lot B on County Road 104. Mr. Dunker stated the average daily
traffic count for County Road 104 is 101 vehicles, according to a count taken in 2007. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (U.S.A)
PIPELINE COMPANY: Leon Sievers, Department of Public Works, stated this matter has been presented
to the Board twice before; once concerning the consideration of a permanent construction easement and
once concerning the consideration of a temporary construction easement. Mr. Sievers stated the
temporary construction easement has been modified, according to the changes requested by the Board,
and is for 0.063 acres of property the County owns. He stated the property is located adjacent to the
Koenig Pit; however, it is not part of the mining operations, and the temporary construction easement is
necessary for the construction of a 16 -inch crude oil pipeline. He stated Suncor Energy (U.S.A.) Pipeline
Company has offered to pay the County $513.00 for the easement, which is consistent with land values
in the area, and the land will be restored to its original condition and seeded upon the completion of the
construction. Mr. Sievers stated the County Attorney has reviewed the documents. Commissioner Long
moved to approve said receipt and temporary construction easement, and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER WATER EXCHANGE AGREEMENT AND AUTHORIZE CHAIR TO SIGN 2009: Clay Kimmi,
Department of Public Works, stated the agreement is for the proposed dust control well for the County's
grader station, which is located in the Town of Briggsdale. Mr. Kimmi stated the well will be available for
dust control; road construction projects; and for emergency response activities, for example, to extinguish
grass fires. He stated the reason the agreement is necessary is because, due to Colorado water laws, the
County must replace its water usage from Crow Creek, and since Weld County does not own any water
rights for Crow Creek, it must make an agreement with an entity who does possess such water rights. He
stated the New Cache Ditch Company owns a reservoir in the area which may be used for augmentation
purposes; therefore, the Department wants to enter into an agreement with the Company to provide the
augmentation water. Mr. Kimmi stated the Department staff worked closely on this agreement with Lee
Miller, the County's Water Rights Attorney, Steve Nguyen, the County's Water Rights Engineer, the New
Cache Ditch Company, and the City of Greeley. He indicated the agreement states Weld County will
provide 30 acre-feet of Greeley Effluent Lease Water in exchange for 15 acre-feet of the augmentation
water provided by the New Cache Ditch Company. Commissioner Long thanked Mr. Kimmi for his
diligence in working on this agreement over an extended period of time, and moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
EMERGENCY ORDINANCE NO. 242-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR: Don Warden, Director of Finance and Administration, stated this is the first Supplemental
Minutes, July 29, 2009 2009-1760
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Appropriation for the 2009 budget and there will probably be another one presented in December, 2009.
Mr. Warden submitted a document into the record, marked Exhibit I. He stated accounting rules require
all encumbrances to be reappropriated, and Exhibit I lists all of the allocations. He stated in the general
fund, computer hardware, software, and equipment have been reallocated from the Department of
Information Service's budget to the Departments that received the items. Mr. Warden stated there have
been additional grants received, particularly from American Reinvestment and Recovery Act (ARRA) funds;
additional Administrative funds were allocated to the Department of Social Services for new building
equipment and furniture, and a minimum of 35 percent of the cost for the equipment and furniture will be
recovered; the Extension Office budget was reduced, as a result of a Memorandum of Understanding; and
fund balances were transferred to the Insurance and Paramedic Funds. He stated the Department of
Public Works has added several bridge grants and funds have been reallocated from various projects to
other projects, within the Department; the Departments of Public Health and Environment and Human
Services only had adjustments to account for additional grant funds; the Department of Paramedic
Services received additional funds for new vehicles; and funds were transferred to the Insurance fund to
increase the reserve. There was no public testimony. Commissioner Kirkmeyer inquired as to what the
emergency is that would require the Ordinance to be considered on an emergency basis. Mr. Warden
explained according to statute, in order to process a Supplemental Appropriation, the circumstances must
be unforseen, and the grants and some of the transfers of equipment were unforseen. He clarified all
Supplemental Appropriations must be done on an emergency basis, in accordance with statute.
Commissioner Kirkmeyer moved to approve Emergency Ordinance No. 242-A. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER ZCV #0900086 - AMAYA/SIMENTEL: Clerk's Note: See Violations Hearing Certification for
July 14, 2009, for the summary of Commissioner Long's determination.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Emergency Ordinance No. 242-A was approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 29, 2009 2009-1760
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:25 a.m.
ATTEST:
Weld County Clerk to the Board
BY
Dep
to R1(
the Board
BOARD OF COU TY COMMISSIONERS
W LD,CQUNT'6COLORADO
demacherro-Tem
EXCUSED
Seen P. Conway
ra Kirkmeyer
David E. Long
Minutes, July 29, 2009 2009-1760
Page 4 BC0016
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