HomeMy WebLinkAbout20140619.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 3, 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 3, 2014, at the hour of 9:00 a.m.
F1 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 - EXCUSED
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
El MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of February 26, 2014, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
El CERTIFICATIONS OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on February 26, 2014, as follows: 1) USR13-0054 - Tri-State Generation and
Transmission, Inc. Commissioner Freeman seconded the motion, which carried unanimously.
E AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
El PUBLIC INPUT: Gary Stoner spoke regarding public input on recorded exemption hearings.
Chair Rademacher said most recorded exemptions do not come before the Board for a hearing. Tom
Parko, Department of Planning Services, said most are administrative and there is no notification
process to surrounding property owners unless there are contact/updates requested; the information is
not posted on the property or on the Weld County website. Mr. Stoner also expressed concern
regarding the new code changes allowing the Board to consider"eventuating circumstances".
Mr. Parko ex lained that further, and noted that when an applicant is denied they can then appeal to
the Board. PA Bruce Barker, County Attorney, clarified this is a process for the dividing and splitting
of property; there are straightforward requirements they have to meet, but by statute there is no
3 Minutes, March 3, 2014 2014-0619
/// Page 1 BC0016
M
provision for input from surrounding landowners. F Milt Tokunaga, Mayor, expressed gratitude 9 , 9 attude on
behalf of the Town of Milliken to the Commissioners and various County Departments for their
extensive help during the 2013 Flooding. Chair Rademacher said it was really a team response,
everyone came together. He gave a brief report on the clean-up work, noting it will likely take over two
years to fully complete the process.
NEW BUSINESS:
El 1) CONSIDER GRANT CONTINUATION APPLICATION FOR FISCAL YEARS 2014 AND 2015
FOR NURSE HOME VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director
of Department of Public Health and Environment, explained this is to the Colorado Department of
Human Services. This program has 35 years of proven outcomes and Weld County has participated
since its initiation, and there is a $29,000 increase. This is funded by the Colorado State Tobacco
Settlement funds as well as Medicaid, and funds eight positions in the department. It is directed at
first-time low-income mothers from pregnancy until age two. Dr. Wallace confirmed they have been
doing better in recent years with documenting and negotiating costs, and getting increased funds as
nursing costs rise. Commissioner Garcia moved to approve said application and authorize the Chair to
sign. Seconded by Commissioner Freeman, the motion carried unanimously.
El 2) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT
APPLICATION FOR LAW ENFORCEMENT VICTIM'S SERVICES UNIT AND AUTHORIZE CHAIR TO
SIGN: Pete Wagoner, Sheriff's Deputy, explained they are asking for an additional $450.00, for office
supplies, with no additional funds from the County. Commissioner Freeman moved to approve said
grant application and authorize the Chair to sign. Commissioner Garcia seconded the motion and it
carried unanimously.
ID 3) CONSIDER PROPOSAUQUOTE FOR ACCELA AUTOMATION AND AUTHORIZE CHAIR
TO SIGN -TRUEPOINT SOLUTIONS, LLC: Ryan Rose, Director of Information Technology, explained
this proposal was originally for a broader scope of work, but due to regulatory issues changed by the
State, the focus was narrowed for the septic permit module to meet a due date of June, 2014.
Commissioner Garcia moved to approve said proposal/quote and authorize the Chair to sign. The
motion, which was seconded by Commissioner Freeman, carried unanimously.
El 4) CONSIDER QUOTE FOR ANNUAL LANDESK MAINTENANCE AND AUTHORIZE CHAIR TO
SIGN - NETWORK CONSULTING SERVICES, INC.: Mr. Rose explained this is annual maintenance
on the software that allows remote control and work station audit applications. He said the department
did a review/bid process for this item and Network Consulting was the low bid. Commissioner Garcia
moved to approve said quote and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
F 5) CONSIDER TEMPORARY ROAD CLOSURE OF CR 66 BETWEEN CRS 43 AND 45: Amy
Joseph, Department of Public Works, reviewed this closure for a bridge replacement. Commissioner
Garcia moved to approve said temporary road closure. Seconded by Commissioner Freeman, the
motion carried unanimously.
ID 6) CONSIDER TEMPORARY ROAD CLOSURE OF CR 37 BETWEEN STE HWY 52 AND
CR 14: Ms. Joseph reviewed the closure for a culvert replacement. Commissioner Freeman moved to
approve said temporary road closure. Seconded by Commissioner Garcia, the motion carried
unanimously.
Minutes, March 3, 2014 2014-0619
Page 2 BC0016
El 7) CONSIDER DECLARATION OF CERTAIN EQUIPMENT AS SURPLUS PROPERTY: Barbara
Connolly, Controller, noted this is the annual review sent out to all departments of their fixed asset list
to remove obsolete or unusable equipment. She confirmed the copy machines are being sent to
auction if they are in operable condition. Commissioner Freeman moved to approve said declaration.
Seconded by Commissioner Garcia, the motion carried unanimously.
El 8) CONSIDER COMMUNICATIONS TOWER AND TOWER SITE LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-10J: Jack Statler,
Operations Manager for Public Safety Communications, noted this will improve the public safety
telephone service system for Weld County; it is located in Briggsdale and will fill a hole in the system for
almost no cost. Commissioner Freeman moved to approve said agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
El 9) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - JERRICA PHILLIPS: Commissioner Garcia moved to approve said appointment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
El 10) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO (SW114, S26, T4N, R63W) - DJ RESOURCES, LLC:
Esther Gesick, Clerk to the Board, explained that this, and the following three items, each had base
leases in 2011 with an extension provision at the discretion of the Board, for the payment of 1/3 of the
original bonus, as well as a rental fee, which allows them an additional six-months to start production,
and she reviewed the details. Commissioner Freeman moved to approve said lease extension and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
ID 11) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO (SW1/4 NE1/4, S10, T3N, R63W) - DH RESOURCES,
LLC: Commissioner Garcia moved to approve said lease extension and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
IEI 12) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO (NW1/4 NE1/4, S10, T3N, R63W) - DJ RESOURCES,
LLC: Ms. Gesick said this is almost identical to the previous item. Commissioner Freeman moved to
approve said lease extension and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
13) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO (E1/2 NE1/4, S10, T3N, R63W) - DJ RESOURCES, LLC:
Ms. Gesick reviewed the parcel size and financial details. Commissioner Freeman moved to approve
said lease extension and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
14) CONSIDER REQUEST TO ACKNOWLEDGE RECEIPT OF 30-DAY MINERAL OWNER
NOTIFICATION FOR PROPOSED HORIZONTAL DRILLING, AND AUTHORIZE CHAIR TO SIGN -
HINER 36C-24W, NE1/4 NE1/4, S36, T6N, R66W: Ms. Gesick said this acknowledges (within 30 days)
that Weld County has received notice of their intent; however, there are additional and underlying
questions to look at, and a work session will be held to look at this notice and examine the issue of not
having an actual small tract lease on this parcel. Ms. Gesick reviewed some of these issues to be
Minutes, March 3, 2014 2014-0619
Page 3 BC0016
discussed in a work session, including the 25 percent royalty. Commissioner Freeman moved to
acknowledge receipt of notice and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
El 15) CONSIDER REQUEST TO ACKNOWLEDGE RECEIPT OF 30-DAY MINERAL OWNER
NOTIFICATION FOR PROPOSED HORIZONTAL DRILLING, AND AUTHORIZE CHAIR TO SIGN -
HINER 36C-17W, NE1/4 NE1/4, S36, T6N, R66W: Ms. Gesick noted this is a similar situation to the
previous item, and confirmed the request for a work session. Commissioner Garcia moved to
acknowledge receipt of notice and authorize the Chair to sign. Seconded by Commissioner Freeman,
the motion carried unanimously.
PLANNING:
E 1) FINAL READING OF CODE ORDINANCE #2014-1, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY
CODE: Commissioner Garcia moved to read by title only. The motion was seconded by Commissioner
Freeman, and it carried unanimously. Mr. Barker read the title for the record. Mr. Parko explained
these code changes give some flexibility to the Board of County Commissioners in regard to certain
criteria, such as the five-year provision and past lot B's which are less than 35 acres. It will be up to the
Board to determine extenuating circumstances. lel Sandra Stoner asked the Board to remember that
Weld County is an agricultural county and people move here for the spaciousness, open views and
wildlife when making these decisions and most residents would hate to see that change.
El Commissioner Garcia thanked Ms. Stoner for speaking, and reassured her that exemptions will be
determined strictly and narrowly, this modification is in response to the Board's belief the code was not
working well as written, and to improve fairness when there is good cause. Commissioner Freeman
said this allows the Board to use common sense for rare circumstances, and is in response to
restrictive code changes the Board made in 2010. Chair Rademacher said they look very carefully at
compatibility. Commissioner Garcia moved to approve said code ordinance on final reading.
Commissioner Freeman seconded the motion and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2014-1 was approved on Final Reading.
Minutes, March 3, 2014 2014-0619
Page 4 BC0016
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 9:42 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, C ORADO
ATTEST: r,..�� 61-ca C;ff
d "d'A Douglas ademache , Chair
Weld County Clerk to the Board
EXCUSED
/I n Barbara Kirkmeyer, Pro-Tem
BY: to t
Dep y Clerk to the Bo r EXCUSED
Sean P. Conway
dormartily
i Mike Freeman
/
` d William F. Garcia
/
%�...-
Minutes, March 3, 2014 2014-0619
Page 5 BC0016
d
h
f
J
z
Q
I-
1••
a
J
H Li)
TA
cc
ct
6
,
w t
z
Hello