HomeMy WebLinkAbout20140695.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 5, 2014
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
Administration Building, Greeley, Colorado, March 5, 2014, at the hour of 9:00 a.m.
El 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 Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of March 3, 2014, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
ID READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinance #2013-6
by tape. Commissioner Freeman seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
E CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
IIE!I PUBLIC INPUT: None was forthcoming.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported attending the
National Association of Counties (NACO) convention in Washington, D.C., where he met with Senator
Bennett, and heard programs on many topics, from transportation to flood management, and also had a
productive meeting with the Energy Committee to discuss the encroachment of the EPA on a range of
issues. IR Commissioner Kirkmeyer also spoke about attending NACO, and a meeting with the
Public Safety and Justice Steering Committee, where she talked with the FEMA Deputy Director and
asked about the issues Weld County is having with flood repairs. She said she and Commissioner
Conway also met with Senator Bennett regarding championing the 1-25 Corridor into the
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Page 1 BC0016
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reauthorization and getting additional funding for another lane. She said a meeting in D.C. with
Representative Shuster was canceled due to weather, but there may be a conference call on Friday,
and hopefully Representative Schuster will champion 1-25 as well. The 1-25 Coalition meeting is this
evening at 6:30 in the Southwest building. Commissioner Kirkmeyer also announced she will be
running for the 4th Congressional Seat, and she hopes that she can re resent the district on
agriculture, energy, transportation, small business and balancing the budget. el Chair Rademacher
added the South Platte Roundtable meeting is at 1:30, at the southwest building to give input on the
State's water plan. E Commissioner Garcia noted the St. Vrain and Left-hand Water Conservancy
Districts will have 11 ditches non-operational, so that is a problem to be addressed.
BIDS:
El 1) APPROVE BID#B1400041, 2014 STEEL- DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek,
Director of General Services, stated staff is recommending splitting the 15 different materials between Big
R Bridge, Norfolk Iron and Metal, and DBE Manufacturing, the lowest bids in all cases. Commissioner
Freeman moved to approve said staff recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously.
2) APPROVE BID#B1400042, CONCRETE WASHED ROCK AND SQUEEGEE - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek read the items individually; staff recommended other than the low bids,
in consideration of hauling costs. He reviewed the items, for supply to both the north and south part of
the County, and reported that Public Works staff said if Varra is not able to provide the squeegee that is
needed they may go to the next lowest bidder, which is Martin Marietta. In response to Commissioner
Kirkmeyer, Mr. Jiricek concurred that putting two contracts into place to have Martin Marietta as a
back-up is a good idea. Commissioner Kirkmeyer moved to approve said bids with direction to staff to
have a back-up contract in place in case of a shortage of material. Seconded by Commissioner Conway,
the motion carried unanimously.
lEti 3) APPROVE BID #61400052, RFQ - BRIDGE 26/25A REPLACEMENT/ENGINEERING
SERVICES - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff is requesting a continuance
to March 19, 2014; interviews are scheduled with three vendors and additional time is needed.
Commissioner Conway moved to approve said staff recommendation for a continuance. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Mr. Jiricek confirmed there are federal funds
involved with this project.
El 4) PRESENT AND APPROVE EMERGENCY BID #B1400024, BULK PORTLAND CEMENT -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek explained staff requested waiver of the ten-day waiting
period due to the time needed to mix and transport the concrete before the HRP projects' start date of
March 17, 2014, due to concern about the unusually high snow-pack and spring run-off, and recommends
the low bid from GCC of America, in the amount of $791,401.11. Commissioner Conway moved to
approve said staff recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
El 5) PRESENT BID #81400060, MOSQUITO SURVEILLANCE - DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT: Mr. Jiricek said there is one vendor, for the same rate'as three years
ago. There are only two vendors available for this, and the County has previously gotten poor service
from Otter Tail, which is probably why they chose not to bid this time. This item will be brought back
with a staff recommendation on March 19, 2014.
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NEW BUSINESS:
1) CONSIDER APPLICATION FOR JUVENILE RESTORATIVE JUSTICE DIVERSION
FUNDING FOR PILOT PROJECTS AND AUTHORIZE ELECTRONIC SUBMITTAL: Kirsta Britton,
Director of Juvenile Diversion, District Attorney's Office, and Michael Roarke, Assistant DA, presented
this pilot program, and explained these are funds, in the amount of $16, 500 (generated by a justice
surcharge on all offenders) to perform the duties outlined in the pilot legislation, from April 1, 2014,
through June 30, 2015. Commissioner Garcia moved to approve said application and authorize
electronic submittal. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 2) CONSIDER TEMPORARY CLOSURE OF CR 55 BETWEEN STATE HIGHWAY 392 AND
CR 66: Amy Joseph, Department of Public Works, reviewed the road closure for five weeks for
intersection improvements, and Chair Rademacher noted these are heavily used roads. Commissioner
Conway moved to approve said temporary road closure. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
El 3) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR IMPROVEMENTS TO EAST 18TH STREET AND HOLLY STREET AND
AUTHORIZE CHAIR TO SIGN - ROADIFER REVOCABLE LIVING TRUST: Jackie Hernandez-Barrow,
Department of Public Works, said this is one of many parcels for the CR 49 extension purchased from
Katherine Roadifer. She reviewed the acquisition and compensation determination, including damages
and fencing costs. Commissioner Freeman moved to approve said agreement and authorize the Chair
to sign. That motion was seconded by Commissioner Kirkmeyer. In response to Commissioner
Kirkmeyer, Ms. Hernandez-Barrow replied that the appraisals farther east were $5,000 an acre, and
she wants to ensure fairness and consistency. Commissioner Conway said if the landowner is
comfortable with the offer this should be approved. The motion carried unanimously.
El 4) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC RIGHT-OF-WAY AND
PERMANENT EASEMENT FOR IMPROVEMENTS TO EAST 18TH STREET AND HOLLY STREET
AND AUTHORIZE CHAIR TO SIGN - ROADIFER REVOCABLE LIVING TRUST: Ms. Hernandez-
Barrow noted this relates to the previous item. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
ID 5) CONSIDER AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT FOR
IMPROVEMENTS TO 'M' STREET, 'N' STREET, NORTH 25TH AVENUE COURT AND 26TH
AVENUE, AND AUTHORIZE CHAIR TO SIGN — BILLY YBARRA AND RUDY YBARRA: Ms.
Hernandez-Barrow said this the first of four parcels in the Espanola subdivision, with a minimum
payment for the permanent easement. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried
unanimously. Commissioner Garcia noted there will be a meeting today discussing four options
regarding Espanola Subdivision, but only a rejection of the project would affect these items.
Commissioner Kirkmeyer noted a direction to staff is that approval is contingent on what is decided at
that time.
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Page 3 BC0016
El 6) CONSIDER AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR IMPROVEMENTS TO 'M' STREET,
'N' STREET, NORTH 25TH AVENUE COURT AND 26TH AVENUE, AND AUTHORIZE CHAIR TO
SIGN - NICHOLAS BROWNWOOD: Ms. Hernandez-Barrow reviewed the details and compensation.
Commissioner Kirkmeyer moved to approve said agreement with direction to staff, and authorize the
Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
la 7) CONSIDER AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT AND
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT FOR IMPROVEMENTS TO 'M' STREET,
'N' STREET, NORTH 25TH AVENUE COURT AND 26TH AVENUE, AND AUTHORIZE CHAIR TO
SIGN -TEMPLO BETHEL ASSEMBLY OF GOD: Ms. Hernandez-Barrow said this is also related to the
previous items, and reviewed purchase/compensation details; the total amount is $3,405.00.
Commissioner Freeman moved to approve said agreement with direction to staff, and authorize the
Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
E 8) CONSIDER AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT FOR
IMPROVEMENTS TO 'M' STREET, 'N' STREET, NORTH 25TH AVENUE COURT AND 26TH
AVENUE, AND AUTHORIZE CHAIR TO SIGN —ANITA AND GUADALUPE YBARRA: Ms. Hernandez-
Barrow said this is also related to the previous items, and reviewed purchase/compensation details.
Commissioner Garcia moved to approve said agreement with direction to staff, and authorize the Chair
to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
la 9) CONSIDER APPOINTMENT TO NORTHEAST COLORADO REGIONAL EMERGENCY AND
TRAUMA SERVICES ADVISORY COUNCIL (RETAC): Commissioner Conway moved to approve said
appointment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
10) CONSIDER REASSIGNMENT, REAPPOINTMENTS, AND APPOINTMENTS TO JUVENILE
COMMUNITY REVIEW BOARD: Commissioner Conway moved to approve said reassignment,
reappointments, and appointments. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
E 11) CONSIDER REAPPOINTMENT OF RON WILDEMAN TO WELD-LARIMER REVOLVING
LOAN FUND COMMITTEE: Commissioner Conway moved to approve said reappointment. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
fa 12) CONSIDER REAPPOINTMENT OF BETH DANIELSON TO HUMAN SERVICES
COMMITTEE: Commissioner Conway moved to approve said reappointment. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
la 13) CONSIDER REAPPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Kirkmeyer moved to approve said reappointments. The motion was seconded by
Commissioner Conway, and it carried unanimously.
El 14) CONSIDER REAPPOINTMENT OF MATTHEW BRIAN SKAGGS TO 911 EMERGENCY
TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Kirkmeyer moved to approve said
reappointments. The motion was seconded by Commissioner Conway, and it carried unanimously.
Minutes, March 5, 2014 2014-0695
Page 4 BC0016
Ii 15) CONSIDER REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:
Commissioner Conway moved to approve said appointment and authorize the Chair to sign. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
16) SECOND READING OF WELD COUNTY CODE ORDINANCE #2014-3, IN THE MATTER
OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND
CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer
moved to read by title only. The motion was seconded by Commissioner Conway, and it carried
unanimously. Bruce Barker, County Attorney, read the title for the record. Mr. Jiricek explained these
changes codify the process Department of Public Works is using to rent equipment. Chair Rademacher
opened the floor to public input, and none was forthcoming. Commissioner Kirkmeyer moved to
approve said code ordinance on second reading. The motion, which was seconded by Commissioner
Garcia, carried unanimously.
E 17) SECOND READING OF WELD COUNTY CODE ORDINANCE #20144, IN THE MATTER
OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS,
OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion
was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the
record. Lauren Light, Department of Public Health and Environment explained this change is to scale
back the County's rules to match State regulations, while retaining the notification section, so a
purchaser does not unknowingly buy a polluted property. Chair Rademacher opened the floor to public
input, none was forthcoming. Commissioner Garcia moved to approve said code ordinance on second
reading. The motion, which was seconded by Commissioner Conway, carried unanimously.
E 18) FIRST READING OF WELD COUNTY CODE ORDINANCE #2014-6, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF
THE WELD COUNTY CODE: Ms. Light said they received revisions from the State. She noted the
addition of a sentence regarding sand filters, and the deletion of one sentence regarding reductions for
higher level treatment systems, and said the State will review the regulations again subsequent to
enactment. She said Weld County is one of the first to get these regulations in place before the July 1,
2014, deadline. Chair Rademacher opened the floor to public input; none was forthcoming.
Commissioner Conway moved to approve said code ordinance on first reading. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
PLANNING:
U 1) CONSIDER MINOR AMENDMENT (MUSR13-0023), AC TRUCKING, LLC, C/O ELISEO
ALCANTAR: Kim Ogle, Department of Planning Services, introduced this matter, which is in regard to
a minor amendment to a USR permit for extended hours of operation from 6:00 a.m. to 8:00 p.m., to
24/7. Tom Parko, Director of Planning Services, reported he felt a need to take action due to
complaints received and referred to a staff memorandum entered into the record. El Mr. Parko,
explained the process of a minor amendment, including postcard notification sent to surrounding
property owners, and stated that although there were no initial complaints, in January staff began
receiving phone complaints regarding this business from 25 percent of the surrounding property
owners. Mr. Ogle presented images of the posting, location, plat, site plan, and views of the property,
including another company's truck on the site. In response to Commissioner Garcia, Mr. Ogle said
when the USR was originally approved there was opposition from surrounding land owners to 24/7
operations, at which time they were limited. U Eliseo Alcantar, owner of AC Trucking, explained that
he is requesting a 24/7 operations because the oil field business is on-call and he has missed out on a
great deal of work due to limited hours. In response to Commissioner Conway, he said currently 7-10
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Page 5 BC0016
trucks are making one round trip per day, with 13 trucks available, and up to 24 allowed onsite; shifts
are anywhere from 8-13 hours in length. He said with extended night hours he is unclear as to how
many truck trips. In response to Chair Rademacher, he said he will not add additional staff, because
half of his drivers were laid-off due to lack of work, and he estimates 2-3 trucks leaving the premises
after hours. In response to Commissioner Conway, Mr. Alcantar said he now turns down three to four
after-hours calls per week.
Ej Jay Pointer stated he and his wife are the only landowners actually residing near the property, on
the lot to the west, and he also works in the oil industry. He said their hours of operation fluctuate
wildly, outside 6:00 a.m. - 8:00 p.m., and, that although they spoke directly with Mr. Alcantar, idling of
the trucks through the night continues, making sleep difficult or impossible. He also asserted that the
Development Standards have not been met; the road's magnesium chloride is applied by Anadarko, not
AC Trucking, there is no Stop sign, and there is no cattle guard or gravel at the entrance. He then
reviewed dates of calls/letters/emails regarding operating outside the hours allowed and allowing
another company's trucks to sublet parking there. There was additional discussion of AC Trucking's
subletting to another company, and it was determined that is allowed, as long as they abide by the rules
of the USR. Mr. Parko said the 24/7 hours of operation had already been approved when the
department began receiving complaints. Mr. Pointer said he would like the trucks to always exit from
the east, even though that would add three (3) miles in either direction. He also asked that the trucks
back in, that the truck lights are off while the trucks are not moving, and that they not make noise at
night, etc. He said his family is opposed to extended hours of operation.
Fi There was further discussion about mitigation and clarification of what Conditions of Approval
remain to be addressed, including installation of a Stop sign. Mr. Parko said, according to the owner,
Lujan Trucking is temporarily using this property while looking for another location, but would still have
to meet the restrictions of this USR, including hours and the number of trucks on-site. In response to
Commissioner Conway, Mr. Pointer said that the recent conversation with Mr. Alcantar was helpful, as
long as there is follow-through. Commissioner Kirkmeyer stated the bottom line is that trucks idling all
night long, causing noise, pollution, and vibrations, is unacceptable.
• Susan Pointer complained about a recent lack of response from the applicant and asserted that
Mr. Alcantar was not being honest. She asserted the trucks leave before 6:00 a.m., with banging,
honking, and idling, she does not feel respected, Mr. Alcantar 's drivers speed on a regular basis, and
she has taken video of trucks leaving in the middle of the night. She said they would consider the 24/7
operations, but only if there is honesty and an effort to mitigate. Commissioner Conway summarized
that the issue of trust needs to be remedied.
• Jackie Crespo, the applicant's wife, asserted Ms. Pointer is not being honest, the Pointers want to
purchase their mineral rights, there is a well that operates 24/7 by their house, and Anadarko nearby
has trucks coming and going all the time. E Mr. Alcantar stated that lack of work and funds have
limited what he has done on the property. He also stated he thinks this is more of a personal issue,
than an issue with the business and claimed the Pointers have requested to purchase their mineral
rights.
Commissioner Rademacher noted a lot of these things sound like good neighbor issues.
Mr. Pointer addressed the light pollution, and asked how long the Lujan trucks would be parking on the
site, and noted that they might agree to the 24/7 operations, if they felt AC Trucking was a good
neighbor. Mr. Alcantar said he would put in the Stop sign this week and exiting to the east would be
agreeable after hours, but during the day the traffic on that road is too intense, and stated he will no
Minutes, March 5, 2014 2014-0695
Page 6 BC0016
longer idle his trucks during the night. In response to Commissioner Kirkmeyer he said he is rarely at
9 9 p Y
the property. Commissioner Kirkmeyer concurred with Commissioner Conway that this is a good
neighbor issue, the standards of the current USR have not been met in over two years, and that, in
2011, truck traffic and noise were issues discussed. She said typically the Board puts hours of
operation on applicants having difficulty with the neighbors. She reviewed the problems and noted the
general lack of communication. Mr. Pointer said the magnesium chloride does not seem to be needed
and he is trying to find more work. Chair Rademacher concurred with Commissioner Kirkmeyer.
E Commissioner Garcia related that there was discussion about hours of operation when the USR
was approved, and they were put in place until concerns were alleviated; however, since they have not
been alleviated, increasing them to 24/7 should not even be a consideration. El Commissioner
Conway concurred this is failure to communicate, and noted the Pointers seem to have good
communication with the other business neighbors. He suggested continuing the matter for six months
to allow time for a resolution of issues preventing approval of the 24/7 operations request. Chair
Rademacher noted all the outstanding items for the USR need to be completed at that time, with
evidence of better communication, and said Mr. Alcantar needs to be on-site more, because he is likely
not seeing the problems as they happen. El Mr. Barker said the violations needs to be addressed
regardless, and the 24/7 should not be granted as a bonus for that. E Commissioner Kirkmeyer said
if the sub-letter is adhering to the USR there is no violation. Ei Commissioner Kirkmeyer stated
six-months is a reasonable amount of time to resolve these issues and repair the relationship, and will
save the applicants another $500 filing fee. El Commissioner Freeman concurred, but expressed
concern regarding the mineral rights issue mentioned by the applicants. IE Commissioner Garcia
said he still feels denial is the appropriate course. E Commissioner Conway moved to continue this
matter until August 4, 2014. The motion was seconded by Commissioner Freeman. E Commissioner
Conway spoke more about communication and said expressed everyone wants this business to be
successful. El Commissioner Garcia stated he will not support a continuance. El Commissioner
Kirkmeyer said she is willing to support the motion, because denial leaves everyone unhappy, and that
both parties should make an effort to work this out. The motion carried four to one, with Commissioner
Garcia opposed.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2014-3 and #2014-4 were approved on Second Reading, and
Code Ordinance#2014-6 was approved on First Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 5, 2014 2014-0695
Page 7 BC0016
There being no further business, this meeting was adjourned at 11:17 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: Cam( C1 r�..J_; I. P�
�c// G `.uro �.c gl s Radema her, Chair
Weld County Clerk to the Board Al'frn n 4 y
• Barbara�Kirkmeybr, Pro-Teyfi
Deputy Clerk to the Boar
4, Sean P. Conway
1 361 I •c'd
suir Mike Freem
Pite
i m F. Garcia
Minutes, March 5, 2014 2014-0695
Page 8 BC0016
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