HomeMy WebLinkAbout20120241.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 23, 2012
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, January 23, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 18, 2012, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on January 18, 2012, as follows: 1) USR11-0022 — Homestead Grange #215
Hall, Inc. (formerly Huwa Enterprises). Commissioner Rademacher seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to move New Item of Business #7 to
Presentations on the Agenda, to be placed before Public Input. Commissioner Rademacher seconded
the motion, which carried unanimously.
PRESENTATIONS:
CONSIDER RECOGNITION OF MEMBERSHIP INVITATION TO DAREN FORD BY THE SCIENTIFIC
WORKING GROUP ON DIGITAL EVIDENCE: Chair Conway read the Resolution into the record,
recognizing Darren Ford for being invited to work as a member of the Scientific Working Group on
Digital Evidence.
Sheriff John Cooke thanked the Board for the Resolution, and he stated he is proud of the work
Mr. Ford has done for the County. He stated Mr. Ford has been with the Sheriff's Office since the
year 1997 and in the Crime Laboratory since the year 2002. He stated the Crime Laboratory has
evolved to include people from the Colorado Bureau of Investigations (CBI), the Greeley and Fort
Collins Police Departments, and Larimer County. Sheriff Cooke stated the Crime Laboratory is so well
recognized, CBI and the City of Fort Morgan assigned agents to train and learn about digital evidence
Minutes, January 23, 2012 2012-0241
a I 9 Page 1 BC0016
from Mr. Ford. He stated Mr. Ford attended a meeting with the Scientific Working Group on Digital
Evidence last year, and the members were so impressed with his input, involvement, and casework that
they invited him to be a member of the group. He stated this is a Blue Ribbon Committee which will set
the protocol for processing digital evidence for all the crime laboratories across the country; therefore, it
will have a huge impact.
Mr. Ford stated he appreciates the recognition and he thanked Weld County for the opportunity to work
in this environment. He stated he has grown through his work and it will hopefully make the industry
better as a whole. He recognized his family for their support.
Commissioner Rademacher congratulated Mr. Ford for a job well done. Commissioner Garcia stated
receiving the invitation is impressive, and he thanked Mr. Ford for representing the County well. He
thanked Mr. Ford for the work he does, which makes the residents of Weld County safer.
Commissioner Long concurred with Commissioner Garcia's comments, and he recognized the
importance of the support Mr. Ford receives at home. Commissioner Kirkmeyer concurred with the
previous comments made by the other Commissioners, and she moved to approve the Resolution.
Commissioner Rademacher seconded the motion. Chair Conway thanked Mr. Ford for his great work
and commitment to the citizens of Weld County, and he thanked all of the Sheriff's deputies in
attendance and Ron Arndt, Director of the Regional Crime Laboratory, for their great work. There being
no further discussion, the motion carried unanimously.
PUBLIC INPUT: Skip Carlson, Weld County resident, stated his family has been in Weld County since
the year 1870, and it has bloomed and prospered from rattlesnakes and buffalo, as the result of hard
work, diligence, and trusting in God. He stated he has a website named Standing Tall USA, which
encourages organizations, Counties, and Cities to include "In God we Trust" as their Motto.
Doug Meyer, Weld County resident, stated he attended a property rights meeting in the City of Fort
Morgan, where a member brought an issue to his attention. He submitted, and read a portion of, a
document titled "Public Trust Initiatives Summary" into the record, marked Exhibit A. Chair Conway
stated the Title Board sets the titles for the Initiatives to obtain signatures to be placed on the ballot;
however, there needs to be a certain number of signatures obtained in order for the Initiatives to be
placed on the ballot. He concurred with Mr. Meyer's concern about the Initiatives and he stated he will
research the Initiatives which would have potentially huge ramifications; however, he cannot imagine
the Initiatives collecting the necessary number of signatures to be placed on the ballot. Commissioner
Kirkmeyer stated she is curious as to the constitutionality of the Initiatives. Mr. Meyer stated if the
Initiatives pass they will eliminate surface rights, and he is going to meet with the ditch companies on
February 8, 2012. Chair Conway thanked Mr. Meyer for bringing this matter to the Board's attention.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
BIDS:
REJECT BID #B1200001, ONE (1) FORD CROWN VICTORIA - SHERIFF'S OFFICE: Barb Connolly,
Controller, clarified this bid was for just one (1) vehicle, as opposed to 13, and staff wants the Board to
reject it, since the Sheriff's Office has decided to instead purchase two (2) SUVs on Bid #81200002.
Commissioner Kirkmeyer moved to reject said bid, based on staff's recommendation. Seconded by
Commissioner Rademacher, the motion carried unanimously.
APPROVE BID #B1200002, TWO (2) 4X4 SUVS - SHERIFF'S OFFICE: Ms. Connolly stated this bid
was originally for one vehicle; however, staff is now requesting approval of the low bid for two (2)
vehicles. Commissioner Rademacher moved to approve said low bid from Stone Motors, Inc., in the
amount of $55,254.00, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the
Minutes, January 23, 2012 2012-0241
Page 2 BC0016
motion carried unanimously. (Clerk's Note: Pursuant to discussion on February 27, 2012, this bid was
never finalized and vehicles were never purchased due to incorrect bid specifications. See new
separate Bid #81200051, SUV-4X4 [2012-0543], presented on February 27, 2012, and recommended
for approval on March 12, 2012.)
APPROVE BID #61200003, ONE (1) CIVILIAN VEHICLE - SHERIFF'S OFFICE: Ms. Connolly
recommended acceptance of the low bid. Commissioner Garcia moved to approve said low bid from
Korf Continental, in the amount of $20,938.00, based on staff's recommendation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #6120004, TWO (2) THREE-QUARTER TON 4X4 EXTENDED CAB LONG BOX
PICKUPS - SHERIFF'S OFFICE: Ms. Connolly recommended acceptance of the low bid, and she
stated the vehicles will be utilized for Code Enforcement. She stated one vehicle will include a box, and
the second one will be without a box. Commissioner Kirkmeyer moved to approve the low bid from
Stone Motors, Inc., in the amount of $46,775.00, based on staff's recommendation. Seconded by
Commissioner Rademacher, the motion carried unanimously.
APPROVE BID #B1200005, ONE (1) HALF-TON 4X4 CAB PICKUP WITH TOPPER - CORONER'S
OFFICE: Ms. Connolly stated staff wants the Board to reject the low bid, since it did not meet the bid
specifications, and accept the second lowest bid, which meets all of the bid requirements.
Commissioner Rademacher moved to approve the second lowest bid from Dellenbach Motors, in the
amount of $26,168.00, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
APPROVE BID #61200006, ONE (1) THREE-QUARTER TON 4X4 EXTENDED CAB PICKUP WITH
LONG BOX - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly recommended
acceptance of the low bid. Commissioner Kirkmeyer moved to approve the low bid from Pro Chrysler
Jeep Dodge Ram, in the amount of $23,277.00, based on staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE BID #61200007, ONE (1) HALF-TON 4X4 REGULAR CAB PICKUP - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Connolly recommended acceptance of the low bid. Commissioner
Rademacher moved to approve said low bid from Pro Chrysler Jeep Dodge Ram, in the amount of
$19,679.00, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
APPROVE BID #B1200012, TWO (2) 4X4 MEDIUM SUV - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly stated requested that the low bid be accepted and that the number of vehicles being
purchased be increased from one (1) to two (2), each costing $25,153.00. Commissioner Kirkmeyer
moved to approve the low bid from Korf Continental, for two (2) vehicles, in the amount of $25,153.00
each, based on staffs recommendation. Commissioner Garcia seconded the motion. In response to
Commissioner Kirkmeyer expressing she understood that a Compressed Natural Gas (CNG) vehicle
was going to be selected for the Office of Emergency Management, Ms. Connolly indicated she is
unsure as to whether or not that is still a possibility.
Monica Mika, Director of Finance and Administration, stated the Board indicated it desires to purchase
a CNG vehicle; however, Elizabeth Relford, Department of Public Works, was concerned she would not
be able to obtain the CNG vehicle until the end of the year, and the current OEM vehicle has
approximately 200,000 miles on it; therefore, staff decided to obtain this vehicle replacement first, and
obtain the CNG vehicle by the end of next year. Commissioner Kirkmeyer stated that Roy Rudisill,
Director, Office of Emergency Management, indicated he is willing to research the matter and try to
obtain a CNG vehicle. There being no further discussion, the motion carried unanimously.
Minutes, January 23, 2012 2012-0241
Page 3 BC0016
APPROVE BID #61200014, ONE (1) THREE-QUARTER TON 4X4 EXTENDED CAB PICKUP WITH
LONG BOX - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended acceptance of the
low bid. Commissioner Long moved to approve the low bid from Stone Motors, Inc., in the amount of
$27,128.00, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion
carried unanimously.
APPROVE BID #61200018, TWO (2) ONE-TON 4X4 REGULAR CAB PICKUPS WITH DUAL
WHEELS AND WELDER FLATBED - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly
recommended acceptance of the third lowest bid, and reject the two (2) lowest bids, since they do not
meet the bid specifications. Commissioner Rademacher moved to approve the third lowest bid from
Stone Motors, in the amount of $102,483.00, based on staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE BID #61200019, ONE (1) TRUCK CAB AND CHASSIS WITH ROADSIDE SPRAYING
SYSTEM - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended acceptance of the sole
bid. Commissioner Rademacher moved to approve the sole bid from Westfall-O'Dell of Colorado, in
the amount of $92,149.72, based on staff's recommendation. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
APPROVE BID #61200020, TWO (2) TANDEM AXLE MULTI-USE TRUCKS - DEPARTMENT OF
PUBLIC WORKS: Ms. Connolly stated the five (5) lowest bids do not meet the bid specifications;
therefore, she recommends the bids be rejected, and that the sixth lowest bid be accepted.
Commissioner Garcia moved to approve the sixth lowest bid from Transwest Trucks, in the amount of
$403,625.00, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion
carried unanimously.
APPROVE BID #61200021, ONE (1) QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF
PUBLIC WORKS: Ms. Connolly recommended acceptance of the low bid. Commissioner Garcia
moved to approve the low bid from Transwest Trailers, in the amount of $54,977.00, based on staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
APPROVE BID #B1200022, ONE (1) PULL BROOM SWEEPER - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly stated recommended accepting the bid from MacDonald Equipment Company,
since O.J. Watson's option with a diesel engine is more expensive. Commissioner Rademacher moved
to approve the low bid from MacDonald Equipment Company, in the amount of $23,206.00, based on
staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #61200023, ONE (1) 22-FOOT TILT DECK TRAILER - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly stated MacDonald Equipment Company rescinded its low bid, and the second
lowest bid did not meet the bid specifications; therefore, she recommended acceptance of the third
lowest bid. Commissioner Garcia moved to approve the third lowest bid from Power Equipment
Company, in the amount of $11,378.00. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
APPROVE BID #61200024, THREE (3) MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly recommended the second lowest bid. She stated the Department of Public Works
completed a cost analysis and determined the Volvo graders have extremely high costs for repair and
preventative maintenance costs, which more than exceeds the difference in cost for the John Deere
graders. Commissioner Rademacher moved to approve the second lowest bid from Colorado
Machinery, in the amount of $599,184.00. Seconded by Commissioner Garcia, the motion carried
unanimously.
Minutes, January 23, 2012 2012-0241
Page 4 BC0016
APPROVE BID #61200025, ONE (1) 25-TON PNEUMATIC TIRE ROLLER COMPACTOR -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended acceptance of the low bid.
Commissioner Kirkmeyer moved to approve the low bid from Power Equipment, in the amount of
$152,369.00, based on staff's recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously.
REJECT BID #B1200026, ONE (1) ASPHALT PICKUP MACHINE - DEPARTMENT OF PUBLIC
WORKS: Ms. Connolly recommended rejecting all of the bid proposals for this item, and rebidding with
a change to the horsepower specifications. Commissioner Rademacher moved to reject the bids at this
time. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER 2012-2015 COMMUNITY SERVICES BLOCK GRANT (CSBG) APPLICATION AND PLAN
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Department of Human Services, stated the grant
application and plan were previously reviewed by the Board at a work session, and it is a new
requirement from the Department of Local Affairs (DOLA) for a three-year plan to be submitted, as
opposed to an annual plan. She stated the Department of Human Services is requesting $290,912.00
per year, for a total amount of $872,736.00, and it is also requesting to carry over $80,000.00 from the
current year that ends on February 29, 2012. She stated the carried over funds must be spent by
September 30, 2012, or the funds will be remitted back to the Federal government. She stated the
Community Services Block Grant (CSBG) provides services for low-income individuals in Weld County,
and it supports the Senior Nutrition Program, Employment Services, Health Services, and Emergency
Services. Commissioner Rademacher moved to approve said application and plan and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES AND AUTHORIZE CHAIR
TO SIGN - DCP MIDSTREAM: Mike Bedell, Department of Public Works, stated this is an agreement
for the relocation of a gas line which is potentially in conflict with the new road construction located near
the intersection of County Roads 54 and 49. He stated DCP Midstream has a gas line traveling
through a pasture which was recently acquired by the County, and through design efforts it has been
determined approximately two (2) feet of cover material will be stripped from above the gas line. He
stated DCP Midstream is adamant there needs to be four (4) feet of cover material to protect its gas
line; therefore, the County will pay a subcontractor to lower the gas line prior to construction of the
roadway commencing. Mr. Bedell stated the County previously moved some overhead electrical lines,
some water lines, and some phone lines; and this will be the last utility it must address for the project.
He stated the project is scheduled for bidding on February 1, 2012, and construction will commence
around the month of April. In response to Commissioner Kirkmeyer, Mr. Bedell stated the difference
between the costs on the first and second pages of Exhibit C is that there are costs listed on the first
page that DCP Midstream added on for its lost production and items involved with isolating and
emptying the gas line. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - DIAMOND
RESOURCES COMPANY: Bruce Barker, County Attorney, stated this is a small tract lease for a parcel
which is 2.42 acres, and the amount Diamond Resources Company has provided is $1,815.00, which is
more than the minimum requirement of $400.00 per acre. He recommended approval of the lease.
Commissioner Kirkmeyer moved to approve the lease, waive the bid process, and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, January 23, 2012 2012-0241
Page 5 BC0016
CONSIDER RATIFICATION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED
BY WELD COUNTY, COLORADO AND AUTHORIZE CHAIR TO SIGN - N1/2SW1/4, S26; SE1/4,
S27; NE1/4, S34; AND NW1/4, S35, ALL IN T7N, R67W: Mr. Barker stated this is a request for a
ratification of a lease that Tigges Oil, LLC, provided, pursuant to an assignment of rights. He stated the
lease is from the year 1974; therefore, he is concerned about approving this item, since the County
generally did not get good deals back then, and he suspects the lease is not held by production and the
property can be put up for bid. He recommended continuing the matter or rejecting the request. In
response to Commissioner Kirkmeyer, Mr. Barker confirmed it would also be an appropriate motion to
refer the matter back to staff. Commissioner Rademacher moved to reject the ratification of the lease
provided by Tigges Oil, LLC. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
(Clerk's Note: At the following Board meeting on January 25, 2012, the Board moved to remove this
item of business from Resolutions and add it to Miscellaneous for approval, since evidence of
continuous production was provided by Tigges Oil, LLC, for this property.)
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAYMENTS OF FEDERAL MINERAL
LEASE FUNDS FOR GAS CHROMATOGRAPH MASS SPECTROMETRY INSTRUMENT AND
AUTHORIZE CHAIR TO SIGN - WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT:
Mr. Barker stated both this and the following agreement are with the Weld County Federal Mineral
Lease Act District to provide funding to Weld County. He stated this agreement is for funding for a Gas
Chromatograph Mass Spectrometry Instrument and the next agreement is for funding for certain
roadways. He stated both agreements were approved at the Federal Mineral Lease Act District
meeting on January 10, 2012, and he has e-mailed the Board Exhibits to be attached to each
agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAYMENTS OF FEDERAL MINERAL
LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS AND AUTHORIZE CHAIR TO
SIGN -WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT: Based on previous discussion,
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO REGIONAL COMMUNICATIONS
ADVISORY BOARD: Commissioner Kirkmeyer moved to appoint David Montgomery, who is the Police
Chief of the Town of Firestone; and reappoint Ken Poncelow, who is Police Chief of the City of Fort
Lupton, and Ricky Brandt, who is with the City of Evans Police Department, to the Regional
Communications Advisory Board. Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF CODE ORDINANCE #2012-2, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS AND CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read
the Ordinance into the record by title only. Seconded by Commissioner Rademacher, the motion
carried unanimously. Mr. Barker read Ordinance#2012-2 into the record by title.
Sarah Evans, Department of Public Health and Environment, stated the Board had a work session
regarding this Ordinance last week, where staff explained they are moving to repeal Article III in its
entirety, which is regarding Small Personal Care Boarding Homes, and they are proposing that
Section 14.70.1 be moved with Chapter 14 to the Section regarding Compliance and Enforcement, as
Section 14.5.140.B. Commissioner Garcia thanked Ms. Evans and Mr. Barker for their participation
and review of the proposed Ordinance, and he stated he feels the proposed changes support the
Board's desire to maintain the health and safety of those in Weld County who utilize these services,
while not inhibiting the opportunity for individuals with prior felonies to reintegrate into the business
Minutes, January 23, 2012 2012-0241
Page 6 BC0016
community. In response to Chair Conway, Mr. Barker confirmed he supports the proposed changes.
Chair Conway provided the opportunity for public testimony; however, none was given. Commissioner
Rademacher moved to approve Ordinance #2012-2 on second reading. Seconded by Commissioner
Garcia, the motion carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1719 - MARY ANN
PLONKA (CON'T FROM 12/19/2011): Chris Gathman, Department of Planning Services, stated staff
spoke to the applicant's daughter, Lynette Mount, on January 10, 2012, and she indicated she still
intends to submit a plat for recording, and staff received an e-mail from Ms. Mount yesterday,
requesting additional time. He recommended continuing the matter for a minimum of 60 days, since
the applicant's daughter will still have to complete an improvements agreement and address the septic
system, as well as address the City of Fort Lupton's concerns about the nature of the proposed
screening and fencing. Chair Conway inquired as to what has transpired in the last 30 days and
whether 60 days will be adequate time to complete the outstanding Conditions of Approval.
Mr. Gathman stated most of his correspondence had been with the applicant, Mary Ann Plonka, who
has passed away, and it is hard to say whether 60 days will be adequate, since the applicant's
daughter has not provided a timeframe for completing the outstanding items, and she needs to provide
him with documentation of power of attorney. No representatives of Mary Ann Plonka were present.
Commissioner Kirkmeyer suggested continuing the matter for 90 days, which is consistent with the
quarterly reports to staff that the Board has been requiring of other applicants. Commissioner
Rademacher moved to continue the matter to March 19, 2012, at 9:00 a.m. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4546 - ELAINE BRASWELL (CON'T FROM 01/16/12):
Mr. Gathman stated John Braswell has been granted power of attorney, and he is present to speak on
her behalf to request a one year continuance. Commissioner Rademacher inquired as to what the
outstanding issues are, since a year is a long period of time. Mr. Gathman stated the main issue is
finalizing the plat and completing a survey; all of the other Conditions of Approval are complete.
Mr. Braswell, husband of the applicant, thanked the Board for considering the one year extension for
his wife. In response to Commissioner Kirkmeyer, Mr. Braswell confirmed there are financial
constraints preventing his wife from completing the survey and recording the plat, and he indicated he
is willing to provide more detail; however, Commissioner Kirkmeyer indicated that was not necessary.
Commissioner Kirkmeyer moved to continue the matter to February 18, 2013, with the direction for
quarterly reports to be submitted to staff. Seconded by Commissioner Garcia, the motion carried
unanimously.
NEW PLANNING BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1650 - UNITED
FARMERS COOPERATIVE: Mr. Gathman stated this Use by Special Review (USR) Permit was
approved by the Board on June 4, 2008, and the remaining Conditions of Approval are addressing the
Department of Public Works requirements, including completing an improvements agreement and
clarifying how the landscape will be irrigated, as well as finalizing the plat and submitting it for
recording. He stated Michelle Martin, Department of Planning Services, is the Planner on this case and
she recommended scheduling the Final Hearing concerning rescission in 60 days.
Rob Spencer, United Energy, stated he thought they had completed all of the Conditions of Approval
and only the mylar plat was remaining. He stated there was apparently some change of staff in the
Department of Planning Services, and he was just notified in November about the additional
outstanding items. In response to Chair Conway, Mr. Spencer confirmed he believed 60 days would be
Minutes, January 23, 2012 2012-0241
Page 7 BC0016
long enough to complete the outstanding items. Commissioner Rademacher moved to continue the
matter to March 26, 2012. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1651 - JAY AND
SHERRIE WOODS: Mr. Gathman stated this USR Permit was approved on August 12, 2009, and staff
has been corresponding with the applicants, who are in the process of installing a septic system,
developing Waste Handling and Dust Abatement Plans; and the applicant's engineer submitted a letter
indicating they are in the process of submitting the application for a building permit. He further stated a
draft plat has been submitted, and the outstanding Conditions of Approval are submitting a Screening
Plan for review and completing an improvements agreement. Mr. Gathman stated the USR Permit is
for a lawn and tree care service, which is located immediately outside of the Greeley City Limits. He
stated the applicants have made significant progress, and he recommended continuing the matter for
30 days or referring the matter back to staff.
Brad Woods, son of the applicants, stated his father has cancer and he has been admitted to University
Hospital; therefore, he will be taking over this matter. In response to Commissioner Kirkmeyer,
Mr. Woods stated he is unsure as to how long the building permit will take; however, they are close to
completing the septic system. Further responding to Commissioner Kirkmeyer, Mr. Woods confirmed
he is comfortable with providing quarterly reports to staff. Commissioner Rademacher indicated he is
comfortable referring the matter back to staff, with the direction that Mr. Woods provide quarterly
reports of his progress to staff. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1764 - RODNEY AND
KAREN STEELY: Mr. Gathman stated this USR Permit was approved on February 9, 2011, and the
applicants have addressed all of the outstanding Conditions of Approval, other than submitting the plat,
which should occur this week; therefore, he recommends the matter be dismissed or referred back to
staff. There were no representatives for Rodney or Karen Steely present. Commissioner Garcia
moved to refer the matter back to staff. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER FINAL HEARING CONCERNING RESCINDING USR PERMIT #1524 — CARMAN AND
BART BECK: Mr. Gathman stated he is presenting this item on behalf of Kim Ogle, Department of
Planning Services, who has a sick child he is attending to. He stated the applicants still have pending
Conditions of Approval, including a septic system condition, and Mr. Ogle indicated the application for a
septic permit has not been submitted yet.
Carman Beck, applicant, stated she submitted a request regarding the septic system permit to the
Department of Public Health and Environment on January 1, 2012, requesting the number of dogs on
the site be lowered to 30, which will make the existing septic system adequate under the criteria. In
response to Chair Conway, Mr. Gathman stated the engineer's review indicated the current septic
system will allow for three (3) employees, five (5) customers per day, and 30 dogs, and the original
application was for 116 dogs. Commissioner Kirkmeyer inquired as to whether a change is necessary
within the USR Permit or whether a note needs to be added to the plat, since the original permit allows
for up to 116 dogs. Mr. Barker stated the information regarding the decreased number of dogs has
been submitted into the record today, and he advised the applicant that an increase in the number of
dogs will require changes to the septic system. Ms. Beck stated an engineer explained it would take
approximately $50,000.00 to install a septic system which would meet the criteria for up to 116 dogs,
and they do not have the financial resources available to do that. In response to Commissioner
Kirkmeyer, Ms. Beck requested 30 to 60 days to submit the final plat, and she stated she will submit a
document today to vacate the previous USRs on the property. Commissioner Kirkmeyer moved to
continue to the matter to March 19, 2012. Commissioner Rademacher seconded the motion. In
Minutes, January 23, 2012 2012-0241
Page 8 BC0016
response to Commissioner Kirkmeyer, Ms. Beck confirmed she understands she will need to resize the
septic system if she increases the number of animals on the site. Commissioner Kirkmeyer stated the
matter will be dismissed if the outstanding items are complete at the next hearing. There being no
further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance#2012-2 was approved on second 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 10:22 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: P
Sean P. Conway, Chair
Weld County Clerk to the Board (7
• William F. Garcia, Pro-T m
BY: c 1. ) _n i.__Ie�&► l g
Deputy (clerk to the Bo- 'tr�r I / �� �te/_� � �✓� ��i�
rbara Kirlcarin
1 '861 Iftetiksv UCIVIS) - d<•-‘A
♦ ; David E. Long
®�Lippy� ‘
d J ll L wAq vWii
-ton Dougl4 Radema er
Minutes, January 23, 2012 2012-0241
Page 9 BC0016
Public Trust Initiatives Summary
Initiative#3-The Adoption of the Public Trust Doctrine
Modifies Article XVI,Section 5 of the Colorado Constitution.
Key Provisions: THE PUBLIC CONFERS THE RIGHT TO THE USE OF ITS WATER,AND THE
DIVERSION OF THE WATER TO AN APPROPRIATOR FOR A BENEFICIAL USE AS A GRANT
FROM THE PEOPLE OF COLORADO TO THE APPROPRIATOR FOR THE COMMON GOOD.
THIS COLORADO PUBLIC TRUST DOCTRINE PROTECTS THE PUBLIC'S INTERESTS IN THE
WATER OF NATURAL STREAMS AND TO INSTRUCT THE STATE OF COLORADO TO
DEFEND THE PUBLIC'S WATER OWNERSHIP RIGHTS OF USE AND PUBLIC ENJOYMENT.
THIS COLORADO PUBLIC TRUST DOCTRINE PROVIDES THAT THE PUBLIC'S ESTATE IN
WATER IN COLORADO HAS A LEGAL AUTHORITY SUPERIOR TO RULES AND TERMS OF
CONTRACTS OR PROPERTY LAW. A USUFRUCT RIGHT IS SERVIENT TO THE PUBLIC'S
DOMINANT WATER ESTATE. A USUFRUCT WATER USER IS IMPRESSED UNDER THE
CONDITION THAT NO USE OF WATER HAS DOMINANCE OR PRIORITY OVER NATURAL
STREAM OR PUBLIC HEALTH WELL-BEING.
THE RIGHT OF THE PUBLIC TO THE USE OF THE WATER IN A NATURAL STREAM AND TO
THE LANDS OF THE BANKS OF THE STREAMS WITHIN COLORADO SHALL EXTEND TO
THE NATURALLY-WETTED HIGH WATER MARK OF THE STREAM AND IS IMPRESSED
WITH NAVIGATION SERVITUDE FOR COMMERCE AND PUBLIC USE AS RECOGNIZED IN
THIS COLORADO PUBLIC TRUST DOCTRINE.
Status:
Submitted—5/4/2010
Title Board Hearing- 12/21/2011
Initiative#45—Limits on Water Diversion
Modifies Article XVI,Section 6 of the Colorado Constitution.
Key Provisions: THE RIGHT TO DIVERT ANY WATERS WITHIN THE STATE OF COLORADO
TO BENEFICIAL USES SHALL NEVER BE DENIED,BUT MAY BE LIMITED,OR CURTAILED,
SO AS TO PROTECT NATURAL ELEMENTS OF THE PUBLIC'S DOMINANT WATER ESTATE
BY HOLDING UNLAWFUL ANY USUFRUCT USE OF WATER CAUSING IRREPARABLE HARM
TO THE PUBLIC'S ESTATE. REQUIRES THE WA ILK USE APPROPRIATOR TO RETURN
WATER UNIMPAIRED TO THE PUBLIC,AFTER USE,SO AS TO PROTECT THE NATURAL
ENVIRONMENT AND THE PUBLIC'S USE AND ENJOYMENT OF WATERS. THE PUBLIC
CONFERS THE PRIVILEGE FOR THE USE AND DIVESION OF ITS WATER TO ANY
APPROPRIATOR FOR THE COMMON GOOD. ENFORCEMENT AND IMPLEMENTATION OF
USES OF WATER SHALL BE PROTECTIVE OF THE PUBLIC'S RIGHTS AND INTERESTS,ARE
MANDATED TO THE EXECUTIVE,LEGISLATIVE,AND JUDICIAL BRANCHES OF
COLORADO STATE GOVERNMENT TO ACT,AS STEWARDS,TO PROTECT THE PUBLIC'S
INTERESTS IN ITS WATER ESTATE.
Status:
Submitted—11/17/2011
Review and Comment Hearing— 12/1/2011
Title Board—12/21/2011
A
Hello