HomeMy WebLinkAbout20093194RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 9, 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, December 9, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 7, 2009, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following under New
Business and renumber accordingly: 3) Consider Rescission of Resolution #2009-3158, Dated
December 7, 2009, Concerning Lease Agreement for Storage Space with NORCO Athletic, Inc.
Commissioner Conway seconded the motion, which carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to remove Resolution #5) Approve Lease
Agreement for Storage Space — NORCO Athletic, Inc., from the consent agenda. Commissioner
Rademacher seconded the motion, which carried unanimously. Commissioner Rademacher moved to
approve the Consent Agenda, as amended. Commissioner Conway seconded the motion, and it
carried unanimously. (Clerk's Note: The action to remove Resolution #5 from the Consent Agenda was
not necessary, since New Item of Business #3 addresses the rescission of said Resolution, thus
Resolution #5 must remain on the Consent Agenda.)
BIDS:
PRESENT BID #B0900172, MARKET SWINE PANELS AND GATES - DEPARTMENT OF
FINANCE/FAIR BOARD: Monica Mika, Director of Administrative Services, stated said bid will be
presented for approval on December 23, 2009, and only one Colorado -based company submitted a bid
for this project. Commissioner Rademacher stated he wants local companies to be considered for this
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Page 1 BC0016
project. In response to Commissioner Conway, Ms. Mika stated the project was publicized; however,
she will research why there are not more local companies being considered for the project.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he attended a
Metropolitan Planning Organization (MPO) meeting last Thursday evening, and there will be an Air
Quality Control Commission meeting conducted on December 17, 2009, in order to discuss the
boundaries for the Enhanced Emissions Program. He stated for the fourth consecutive year, the ozone
levels in Weld County have decreased and this year reached a record low of .067, which is well below
the new standards which are scheduled to commence in the year 2013. He stated Weld County hopes
to avoid being subjected to the Enhanced Emissions Program as long as it is in compliance with air
quality standards, and the Colorado Department of Revenue has delayed the administration fee.
Commissioner Conway stated he was discouraged at the MPO meeting when he was shown a letter
from the Colorado Department of Public Health and Environment to a municipality, which indicated the
Department will begin working with the municipality to implement the Enhanced Emissions Program by
July 1, 2010; however, the Air Quality Control Commission has not yet ruled on the matter. He invited
the public to attend the Air Quality Control Commission meeting in the City of Denver on December 17,
2009.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director, Office of Emergency
Management, stated the grant provides a 50 percent cash match from the State for the Office of
Emergency Management budget and a portion of the employee salaries. Mr. Rudisill stated the total
amount being requested is $187,069.00, and up to $93,534.50 will be provided by the State grant. He
stated the amount awarded from the grant has increased for three consecutive years; therefore, he
expects to receive at least the amount which was awarded last year. In response to Commissioner
Conway, Mr. Rudisill stated the grant application has not been discussed at a work session. In
response to Commissioner Rademacher, Mr. Rudisill stated the application was due November 30,
2009, and he has already submitted it to the State without the portion which needs to be signed by the
Board, which the State has indicated is acceptable. Mr. Rudisill stated he is willing to schedule a work
session if the Board would like him to do so. Commissioner Rademacher indicated he is in favor of
participating in a work session. Commissioner Conway stated the Board has indicated it would like to
have the opportunity to consider grant items at work sessions prior to considering the items at Board
meetings, and he inquired as to whether a delay will create a problem. Mr. Rudisill stated the delay will
not create a problem and he will schedule a work session regarding the matter. Commissioner Conway
moved to continue the matter to December 16, 2009, in order to conduct a work session.
Commissioner Rademacher seconded the motion, which carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-14, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-14 by title
only. Seconded by Commissioner Conway, the motion carried unanimously. Bruce Barker, County
Attorney, read Ordinance #2009-14 into the record by title, and he stated there are no changes being
proposed for the final reading. Chair Garcia gave the opportunity for public testimony; however, none
was given. He stated he is in support of the fee increases due to the correlation between a higher
number of traffic unit staff and a lower number of traffic fatalities. Commissioner Conway moved to
approve Ordinance #2009-14 on final reading. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER RESCISSION OF RESOLUTION #2009-3158, DATED DECEMBER 7, 2009,
CONCERNING LEASE AGREEMENT FOR STORAGE SPACE WITH NORCO ATHLETIC, INC.:
Mr. Barker stated this is the lease agreement which was approved on Monday; however, there was
Minutes, December 9, 2009 2009-3194
Page 2 BC0016
some confusion regarding whether Community Development Institute (CDI) Head Start approved the
lease and he has discovered it did not. He stated CDI may want to continue the lease after January 1,
2010; however, it will have to initiate doing so, since CDI has indicated it does not want to be the
sub -lessee in any of its agreements. He recommended rescinding the Resolution approved on
Monday, and he stated Stephanie Arries, Assistant County Attorney, has been in contact with Norco
Athletic, Inc., regarding entering into a month -to -month lease. Chair Garcia stated the Resolution to
rescind Resolution #2009-3158 indicates the term of the lease will commence December 1, 2009,
through December 31, 2009. Commissioner Rademacher inquired as to whether the Board will be
approving the new lease if it approves the proposed Resolution. Mr. Barker stated the Board is only
considering rescinding the previous Resolution and it is not considering the lease agreement at this
time, since the agreement has not been finalized; however, the proposed lease agreement may be
considered on Monday. Commissioner Conway explained when the lease agreement was presented
on Monday he had inquired whether Judy Griego, Director, Department of Human Services, had
received the approval letter from CDI and she thought she had; however, when she returned to the
office she discovered the letter had not been received from CDI, and he moved to approve the
rescission of Resolution #2009-3158, dated December 7, 2009. The motion was seconded by
Commissioner Rademacher. Mr. Barker recommended the fourth and sixth paragraphs in the
Resolution be amended to state, "... which is to acquire control of the Weld County Head Start Grant,
effective January 1, 2010," as opposed to the previously proposed language, which stated, "... which is
to acquire control of the property, effective January 1, 2010," since it has not been determined whether
CDI wants to acquire control of the property. Commissioner Conway moved to amend the Resolution
as stated by Mr. Barker. Commissioner Rademacher seconded the motion, which carried unanimously.
(Clerk's Note: The finalized lease agreement was approved by the Board on December 14, 2009.)
PLANNING OLD BUSINESS:
CONSIDER RECORDED EXEMPTION #4963 - JOURNEY VENTURES, LLC (CON'T FROM
11/30/09): Michelle Martin, Department of Planning Services, stated on November 30, 2009, the Board
was presented with the request for Recorded Exemption #4963 by Journey Ventures, LLC, on Lot B of
Recorded Exemption #4744, which is eligible for a land exemption, according to Section 24-8-40.M of
the Weld County Code, if it is not part of the largest lot of a recorded exemption which was recorded
within the last five (5) years. She stated Lot B of Recorded Exemption #4744 was recorded on
February 11, 2008; therefore, it will not be eligible for an exemption until February 11, 2013; however,
the applicant is requesting an exception to the rule in order to create a lot for archeological preservation
and research. She stated Lot B is permitted under Use by Special Review (USR) Permit #1687 for
Mineral Resource Development Facilities, including open pit mining and materials processing in an
asphalt and concrete batch plant, in the A (Agricultural) Zone District. Ms. Martin stated the USR
permit was approved by the Board on April 22, 2009; however, the plat has not been recorded. She
stated at the hearing conducted on November 30, 2009, the Board instructed staff to work with the
applicants regarding the Conditions of Approval 1.F and 1.H, and she has provided a memorandum
with the proposed language for said Conditions of Approval, marked Exhibit C. She stated it is
proposed that the following language be removed from Condition of Approval 1.F: "An additional 10 feet
shall be delineated on the plat as future County Road 58 right-of-way." Ms. Martin stated Mr. Barker
and the Department of Public Works determined the additional 10 feet of right-of-way is not required.
She stated Condition of Approval 1.H previously indicated the written plat needs to be submitted prior to
the approval, and due to a closing scheduled in the month of December it is proposed that it be revised
to read as follows: "The applicant shall enter into a written agreement to have USR #1687 submitted for
recording on or before June 30, 2010. A copy of the agreement shall be submitted to the Weld County
Department of Planning Services." She indicated Chris Gathman was the case manager for
USR #1687 and he is available to answer questions. In response to Commissioner Conway,
Mr. Barker concurred with staff's recommendation to eliminate the requirement for an additional 10 feet
of right-of-way.
Minutes, December 9, 2009 2009-3194
Page 3 BC0016
Don Carroll, Department of Public Works, stated he is comfortable with the proposed Conditions of
Approval. Commissioner Rademacher inquired as to whether there are any utilities or irrigation
structures which will affect the easements.
J.C. York, representative for the applicant, stated there are no irrigation ditches in the lot proposed for
archeological preservation and research, and the only utility is an existing gas line which belongs to
DCP Midstream and is located in the southeast portion of the parcel. Responding to Commissioner
Rademacher, Mr. York stated there are no public easements in the proposed lot and DCP Midstream
has an access easement, which is not on the proposed lot, in order to be able to maintain the oil and
gas wells and gas line. Further responding to Commissioner Rademacher, Mr. York stated the
applicants also have a surface use agreement with Petroleum Development Corporation, which
requires access to the gas line.
Chair Garcia gave the opportunity for public testimony; however, there was none.
In response to Chair Garcia, Mr. York stated he has reviewed the Conditions of Approval and will
comply with said Conditions, as modified.
Commissioner Conway thanked the applicant for his patience regarding the process. He stated he is
pleased to have the archeological site preserved and studied, and he moved to approve Recorded
Exemption #4963. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-14 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 9:30 a.m.
ATTEST: '°"11
Weld County Clerk to the Board
B. 2 ''u t t
Depu. Clerk o the :oard
BOARD OF,CQUNTY COMMISSIONERS
WELD COUN r COLORADO
186I� �?YE ,=�':�Q..,o �[� illiam . Garcia,, hair
1/4f, la Ra .�r f+ r
Dougla Rademach r, Pro-Tee-Tem
Sean P. Conway
EXCUSED
Barbara Kirkmeyer
c)
EXCUSED
David E. Long
Minutes, December 9, 2009 2009-3194
Page 4 BC0016
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