HomeMy WebLinkAbout20141848.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 18, 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, June 18, 2014, 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 Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
ID MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 16, 2014, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Freeman seconded the motion, and it carried unanimously.
PRESENTATIONS:
ID 1) RECOGNITION OF SERVICES, DEPARTMENT OF BUILDINGS AND GROUNDS -
JOSE "PHIL" ESPINOZA: Chair Rademacher read the certificate for the record. Toby Taylor, Director
of the Department of Public Works, reminisced about Mr. Espinoza's 37 years of service to the County
and the Board expressed appreciation to Mr. Espinoza and wished him luck in his retirement.
Mr. Espinoza said his career has been a fantastic experience he wouldn't trade for anything, and also
thanked his mother, who was in the audience, for her support through the years.
Fl 2) NATIONAL GRASSLANDS COUNCIL, 2013 PRAIRIE PARTNER OF THE YEAR —
DOUG RADEMACHER: Tristam Post, Acting District Ranger, presented Chair Rademacher with the
2013 Prairie Partner of the Year award from the National Grasslands Council, noting that Lori Bell, the
previous District Ranger, submitted his nomination. Ms. Post stated this is a National Award and
praised Chair Rademacher for his efforts. Chair Rademacher expressed his thanks to Lori Bell and his
2!la
Minutes, June 18, 2014 2014-1848
Page 1 BC0016
fellow Commissioners for their support, including former Commissioner Dave Long and the Sheriff's
Office. Commissioner Garcia said great progress has been made over the last five years, in terms of
communication between the various interested parties and cultivating a relationship with the Pawnee
National Grasslands management. Commissioner Freeman said it is important to the ranchers in the
area to continue to maintain this partnership, and he would do his best to continue that legacy. The
Board also thanked Chair Rademacher for his efforts.
PUBLIC INPUT: No public input was given.
e COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer attended Accelerate
Colorado, an economic development tour, to meet with congressional staff and other decision makers
in Washington, D.C. In conversation with a representative of the EPA about new federal rule-making
regarding water use, it was indicated that agricultural irrigation ditches are being exempted, but that
person also recommended follow-up. a Commissioner Conway said he represented the Board at
the Greeley-Weld Airport Authority sponsored Honor Flight on Saturday, which has recognized 1,200
veterans; 600 of whom were in attendance. He added this Saturday is the United Way's Day of Caring;
there are still volunteer openings for working at the designated sites. a Commissioner Freeman
concurred and encouraged people to volunteer. a Chair Rademacher noted the importance of the
water issues addressed by Commissioner Kirkmeyer.
OLD BUSINESS:
CI 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — WALGREEN
COMPANY: Christopher Woodruff, Assessor, stated a negotiated stipulation agreement has been
reached regarding this 2011 petition for the former Toddy's building, which has been under renovation.
Due to the unfinished stated of renovations, a refund was granted in the amount of $28,350.17.
Commissioner Conway moved to approve said stipulation agreement and revised petition, as
recommended by staff. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
NEW BUSINESS:
EI 1) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR APRIL, 2014, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veterans Service
Officer, briefly presented the report. Commissioner Conway moved to approve said report and
certification of pay and authorize the Chair to sign. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously. Commissioner Conway said he had an opportunity last week to
speak with many veterans who have received services and had praise for the staff. Commissioner
Kirkmeyer concurred, sharing that she had heard positive feedback from around 20 people.
▪ 2) CONSIDER 2014 COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING AND
FINANCIAL PLAN AND AUTHORIZE CHAIR TO SIGN: Roger Ainsworth, Sheriff's Office Deputy,
referred to the work session on this item. Commissioner Kirkmeyer moved to approve said plan and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
• 3) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) SHORT FORM
GRANT APPLICATION FOR THE LAW ENFORCEMENT VICTIM'S SERVICES UNIT AND
AUTHORIZE CHAIR TO SIGN: Deputy Ainsworth explained this is a request for equipment funds in the
amount of $5,769.81, which will be used to buy shirts and vests for volunteers, children's car seats, and
digital tablets for the staff. Commissioner Kirkmeyer moved to approve said application and authorize
the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
Minutes, June 18, 2014 2014-1848
Page 2 BC0016
F 4) CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO
SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: Deputy Ainsworth said
this is the acceptance of $58,442.00 in approved funds to cover personnel costs. Commissioner
Conway moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
F 5) CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE UNIT FUNDING AND
AUTHORIZE CHAIR TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD:
JoAnn Holden, Director of Victim Services at the District Attorney's Office, said $125,755.00 in funding
was approved by the VALE Board for this annual grant. Commissioner Conway moved to approve said
contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman,
carried unanimously.
F 6) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Pest and Weed Division, explained she seeks permission,
in accordance with the Colorado Weed Management Act and the County Code, to enter private
properties for noxious weed management which have been contacted and have failed to respond or
comply. Commissioner Garcia moved to approve said entry. Seconded by Commissioner Conway,
the motion carried unanimously. Commissioner Conway mentioned the availability of possible grants
from the South Platte Roundtable to pursue eradication of invasives such as Russian Olive Trees, and
Ms. Booton reported that the Poudre has been largely cleaned up, and work has begun on the St. Vrain
and the Big and Little Thompson Rivers.
F 7) CONSIDER CONSTRUCTION AGREEMENT FOR WELD COUNTY PARKWAY PROJECT
AND AUTHORIZE CHAIR TO SIGN - DELTA IRRIGATION COMPANY, OPERATING PATTERSON
DITCH: Mike Bedell, Department of Public Works, explained this item is related to the Weld County
Parkway Project. The new road will cross the Patterson Ditch in a several places, and he said in a
situation like that staff likes to have a formal agreement with the ditch company, which allows them
some comment on the design. Public Works is putting a couple long concrete pipes within the existing
earthen ditch before building on top of it. Mr. Bedell said they typically have the contractor coordinate
the best time to do work with the ditch company and the contractors bidding are made aware of the
ditch contract. Commissioner Conway moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
E5 8) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO
SIGN - PETER AND HENRIETTA BOSCH: Brad Yatabe, Assistant County Attorney, explained the
next items are all related to the Weld County Parkway Project. He reviewed the purchase price and
noted locations. He said the possession date is not until September 5, 2014, in order to accommodate
the harvest of crops at that location prior to work. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
F 9) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 EXTENSION AND AUTHORIZE CHAIR TO
SIGN - PETER AND HENRIETTA BOSCH: Mr. Yatabe stated this is related to the previous item, but it
is separate because a temporary construction easement will not be recorded. Commissioner Freeman
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded
by Commissioner Conway, carried unanimously.
Minutes, June 18, 2014 2014-1848
Page 3 BC0016
10) CONSIDER AMENDMENT TO BYLAWS FOR UTILITIES COORDINATING ADVISORY
COMMITTEE: Tom Parko, Director of the Department of Planning Services, said two engineer
positions on this committee were shifted from Public Works to Planning Services. Commissioner
Rademacher opened the floor for public comment and none was forthcoming. Commissioner Kirkmeyer
noted the committee is supposed to look at utilities using public thorough-fares, so there should be a
representative from the Department of Public Works to address roads. She suggested making the
language broad; one representative from both Public Works and Planning Services, increasing the
Committee to six members. There was discussion of the passage referring to the committee not being
required to follow the charter. Mr. Barker concurred that language should be removed. Commissioner
Kirkmeyer made a motion to remove the last sentence of Article #3.B, "The appointment of Committee
members pursuant to this section shall not be construed to fall within the restrictions set forth in Section
16-8 of the Weld County Home Rule Charter." Seconded by Commissioner Conway, the motion carried
unanimously. Commissioner Kirkmeyer then moved to approve said amendment to bylaws. Seconded
by Commissioner Garcia, the motion carried unanimously.
PLANNING:
F 1) CONSIDER DEVELOPMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
GREENLEAF ACRES, LLC: Mr. Yatabe gave a history of this site, which is a part of the Pioneer PUD.
Greenleaf Acres, LLC, owns the agricultural property that remained after the Pioneer subdivision was
developed. The main restriction in this agreement is that it allows the construction of one residence
and no further building after that. Patrick Groom, attorney representing Barry Fehr, Manager of
Greenleaf, said this is a part of the Pioneer PUD Change of Zone. Mr. Fehr lives at that property with
his family and wants to build an additional residence; his in-laws will move to the original residence and
he and his wife will relocate to the new one. He understands that this agreement restricts any additional
building permits on that property. El Mr. Groom said Mr. Fehr had to be out-of-state but wanted to
proceed, and reiterated what Mr. Yatabe stated earlier. He confirmed that Mr. Fehr recognizes that he
will not be able to obtain permits for any additional new structures until certain eventualities are met,
and is prepared to operate under those restrictions. Chair Rademacher referenced the Board's work
session on this matter and Commissioner Kirkmeyer moved to approve said agreement and authorize
the Chair to sign. Commissioner Conway seconded the motion and it carried unanimously.
Commissioner Kirkmeyer commended staff and all the parties involved for getting this figured out.
El 2) CONSIDER VACATION OF RECORDED EXEMPTION, RE-4612 - NGL WATER SOLUTIONS:
Kim Ogle, Department of Planning Services, explained this exemption was originally approved in 2008,
and the applicants are now requesting to combine the two lots for the expansion of their facility.
F Trevor Thompson, Project Manager with NGL, gave a brief overview of the project. Mr. Barker
noted the resolution needs to be recorded so that the reversal is in the public record. He also
recommended the applicants do a unification deed for the entire property. Commissioner Kirkmeyer
moved to vacate the recorded exemption. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
Minutes, June 18, 2014 2014-1848
Page 4 BC0016
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 10:07 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d& CL , . / u , '-D r-+
N i nAlA
G' .� ch
Douglas adema
Weld County Clerk to the Board
arbara Kirkmeyer, P o-Tem�/
BY. ► t_, r_ i 11 1. . �- -
De. 0 Clerk to the Boar. I�'; CRI
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a% Seamen P. Conway / 1
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iui42. Mike Freeman
EXCUSED DATE OF APPROVAL
William F. Garcia
Minutes, June 18, 2014 2014-1848
Page 5 BC0016
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