HomeMy WebLinkAbout20120176 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 16, 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 16, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 11, 2012, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on January 11, 2012, as follows: 1) USR11-0009 — Francisco and Patricia Barron,
do Chet Thompson; 2) USR11-0020 — Miller Family Investments, LLC; and 3) USR11-0018 — Wells
Ranch, Go DCP Midstream, LP. Commissioner Garcia seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Steve Teets, Weld County Resident, stated the Chairman of WAND is working with
First Transit and the problems with First Transit are being worked out. He stated First Transit indicated
they will have a representative present at the WAND meeting on January 26, from 12:00 p.m., to
1:30 p.m., at 1331 8th Avenue, Greeley, Colorado, and he invited the Commissioners to attend.
Mr. Teets inquired as to why the Board is still entering into a FASTER-Transit Grant agreement, when
the funding is being eliminated by the State, and what the funds are to be utilized for purchasing. Chair
Conway stated Mr. Teets questions will be answered when that item of business is called up on the
Agenda, and if he still has questions on the matter, the Board will address those at that time.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
Minutes, January 16, 2012 2012-0176
�.��� Page 1 BC0016
OLD BUSINESS:
CONSIDER AGREEMENT FOR FASTER-TRANSIT GRANT AND AUTHORIZE CHAIR TO SIGN
(CON'T FROM 12/07/11): Barb Connolly, Controller, stated the FASTER grant is for vehicles, and it is
not awarded for operations of transportation. She requested a continuance until mid-February, to
determine whether the County wants to move forward with purchasing the vehicles. Commissioner
Rademacher moved to continue to February 15, 2012. Commissioner Kirkmeyer seconded the motion.
In response to Chair Kirkmeyer, Mr. Teets indicated he was satisfied with Ms. Connolly's explanation.
There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER EDUCATIONAL AFFILIATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF NORTHERN COLORADO: Judy Griego, Director, Department of Human Services,
stated this agreement outlines the relationship between the University of Northern Colorado and the
Area Agency on Aging, and it will provide for internships and other clinical practicum experiences. She
stated the agreement is non-financial, and it commenced January 1, 2012. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER NON-FINANCIAL LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - YOUTH
AND FAMILY CONNECTIONS: Ms. Griego stated this agreement will allow the Department to
collaborate with Youth and Family Connections in the southern portion of the County. She stated Youth
and Family Connections will provide services to clients, and the Department will provide office space in
the City of Fort Lupton at no cost. She stated the term of the agreement is December 1, 2011, through
November 30, 2012. In response to Commissioner Rademacher, Ms. Griego stated many of the
services will be conducted during evenings; therefore, there will be sufficient space. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER NON-FINANCIAL AGREEMENT FOR A FRAUD PREVENTION PILOT PROJECT AND
AUTHORIZE CHAIR TO SIGN - SOLUTION DESIGN TEAM: Ms. Griego stated this is a non-financial
agreement with Solution Design Team to implement a custom demonstration project to determine
whether specific predictive analysis and data mining tools can increase investigators efficiency and
effectiveness, and to score referral cases for fraud. In response to Chair Conway, Ms. Griego stated
Solution Design Team is a company which operates statewide, and it is licensed. Further responding
to Chair Conway, Ms. Griego stated Solution Design Team's parent company is working with the State
Department of Human Services. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - LUTHERAN FAMILY SERVICES OF COLORADO: Ms. Griego stated this has been an
ongoing agreement for Child Advocacy and Resource Education (CARE) to provide family support and
educational services for the Department of Human Services; however, CARE is ceasing operations,
and it has been acquired by Lutheran Family Services of Colorado. She stated the Department has a
long and positive history working with Lutheran Family Services of Colorado, which currently provides
other services to the Department, and she requested that it be reimbursed $30,635.00 from the Child
Welfare Block. Ms. Griego stated the amount is a decrease from last year's funding level. In response
to Chair Conway and Commissioner Garcia, Ms. Griego stated Lutheran Family Services of Colorado
will provide similar services to CARE, and it acquired some of the CARE staff; therefore, the quality of
the individuals providing the services is anticipated to remain the same. Commissioner Garcia moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
Minutes, January 16, 2012 2012-0176
Page 2 BC0016
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN -ARIEL CLINICAL SERVICES: Ms. Griego stated the agreement is for Ariel Clinical Services to
provide Life Skills (Supervised Visitations Services), for a term commencing December 19, 2011,
through May 31, 2012, and the rates are listed in the memorandum she submitted. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER FINAL REPORT FOR BUILDING HEALTH MARRIAGES PROGRAM AND AUTHORIZE
CHAIR TO SIGN AND SUBMIT ELECTRONICALLY: Ms. Griego stated this is the Final Report of the
Building Healthy Marriages Program, which served a total 1,824 couples and 1,514 individuals, and the
collaboration with other community agencies is outlined in the report. She stated this Final Report will
fulfill the Department's obligation to the Federal government. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chair to sign. Commissioner Rademacher seconded the
motion. Commissioner Kirkmeyer stated the staff members who were involved with this program did a
good job working with the Federal government's requirements and facilitating the program, and the
report is excellent. There being no further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 83 BETWEEN CRS 132 AND 390: Janet Carter,
Department of Public Works, stated said closure will commence January 23, 2012, through
February 10, 2012, in order to replace two (2) corrugated metal culvert pipes. She stated a traffic count
has not been completed for this area, since the traffic volume is low, and staff will place road signs and
barricades on the road. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN CRS 100 AND 102: Ms. Carter stated
said closure will commence January 16, 2012, through January 20, 2012, in order to replace two (2)
corrugated metal culvert pipes. She stated water will be utilized for dust abatement and the average
daily traffic count for County Road 23 is 24 vehicles, according to a traffic count taken in the year 1987.
She stated road signs and barricades will be utilized during the closure. Commissioner Rademacher
moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 53 BETWEEN CRS 60.5 AND 62.5: Ms. Carter stated
said closure will commence January 23, 2012, through February 3, 2012, in order to replace a culvert.
She stated magnesium-chloride will be utilized for dust control, and the average daily traffic count is
331 vehicles, according to a traffic count taken in the year 2011. She stated road signs and barricades
will be placed on the road. Commissioner Rademacher moved to approve said temporary closure.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO MMARI, LLC, AND AUTHORIZE
CHAIR TO SIGN: Bruce Barker, County Attorney, stated the Board will probably be considering a lot
more of these requests from now until the month of July. He stated the Board has the ability to transfer
the Tax Lien Sale Certificates, in order to collect the entire amount owed, including all the fees and
interest, and the advertising fees. He recommended approval of the assignment. Commissioner
Garcia moved to approve said assignment of Tax Lien Sale Certificates to MMARI, LLC, and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO
SIGN - HCA-HEALTHONE, LLC: Dave Bressler, Director, Paramedic Services, stated this is an
updated agreement with the HCA-HealthONE, LLC, Paramedic Program, for part of the paramedics'
certification requirements. He stated the contract has been in place for a long time, and HCA-
HealthONE, LLC, wanted to update it.
Minutes, January 16, 2012 2012-0176
Page 3 BC0016
Brad Yatabe, Assistant County Attorney, stated he reviewed the agreement; however, Stephanie
Arries, Assistant County Attorney, had reviewed and revised the agreement. He stated he returned the
agreement to HCA-HealthONE, LLC, at the beginning of last summer and they just recently returned it,
and they did not suggest any additional revisions. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER APPOINTMENT TO WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:
Commissioner Garcia moved to appoint Ralph Kreitler to the Weld/Larimer Revolving Loan Fund
Committee. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
US IMAGING, INC.: Steve Moreno, Clerk and Recorder, stated the agreement is for a historical
scanning project to digitize the Department's microfilm and books, and a thorough evaluation of the
vendor was completed. He strongly recommended the selected vendor, and he stated Mr. Barker has
reviewed the agreement. Mr. Barker clarified he actually wrote the agreement. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE - CULVER'S: Deb Adamson, Department of Public Health and Environment, stated the
Department has assessed Culver's three (3) civil penalties; therefore, it must bring the matter before
the Board, based on State statute. She stated Culver's has failed to maintain compliance with the
Colorado Retail Food Establishment Rules and Regulations, and staff recommends the Board accept a
Plan of Correction, in lieu of suspension or revocation. She read staff memorandum, dated January 16,
2012, into the record.
Dan Joseph, Department of Public Health and Environment, provided a PowerPoint presentation which
documented the various violations of the Colorado Retail Food Establishment Rules and Regulations,
including improper cold holding, moldy food, barehanded contact with ready to eat food, unlabeled
chemical bottles, and no running water at the hand sinks. In response to Chair Conway, Mr. Joseph
stated the reason the water was not running is that the sinks are motion activated and the infrared
sensor batteries were dead. He stated, at a meeting, the General Manager and Owner assured him the
equipment had been serviced to make sure the refrigeration was working properly and line checks were
occurring. Mr. Joseph stated a $500.00 civil penalty was assessed at that time; however, the facility
was allowed to utilize fifty percent of the civil penalty towards correction of the violations. He reviewed
the risk factors related to foodborne illness, and he stated that at a $750.00 penalty is now being
assessed.
Eric Powers, Assistant General Manager of Culver's, stated the problems began in the month of July
and the previous General Manager resigned without providing much notice, and he did not inform him
of the health violations the facility had been cited for. He stated there was an atmosphere of
employees not caring about their jobs and being lackadaisical. He stated Mr. Joseph informed him
about the previous health violations and he replaced the batteries that were in the hand sinks at that
time, once it was discovered the issue was the batteries. Mr. Powers stated some of the compressors
then went out in the cold holding units, and those have been replaced through their warranties. He
stated the issue with the moldy food occurred when a seasonal item containing strawberries was being
offered. He stated occasionally a case of strawberries would be delivered containing moldy
strawberries and there was a failure on staff's part to inspect the delivery. He stated that was the only
product mold occurred with, and it is no longer being offered. Mr. Powers stated he resolved the issue
Minutes, January 16, 2012 2012-0176
Page 4 BC0016
with the spray bottles by eliminating the excess bottles and reducing the number of bottles to two (2)
bottles for the front and two (2) bottles for the back of the restaurant's food preparation area. He stated
he was ServSafe Certified; however, his certification expired approximately two (2) months ago. He
stated he will become recertified in the next couple of months, and he and his staff will attend the Weld
Star training. Mr. Joseph stated the facility has also agreed to submit to refrigeration temperature
monitoring. In response to Chair Conway, Mr. Joseph stated the Weld Star training was discussed as
an option at the informal meeting; however, the ServSafe training offered by the Restaurant Association
is equivalent. Ms. Adamson stated Culver's also has a corporate training the employees can attend.
Mr. Powers stated at least half of his team has attended the corporate training so far, and he plans for
the entire team to participate in the training. In response to Commissioner Rademacher, Mr. Joseph
stated there will be a follow-up inspection next month and another inspection soon after. Further
responding to Commissioner Rademacher, Mr. Joseph confirmed the critical violations have been
corrected. He stated the last violation the facility had was improper cold-holding due to having too
many food items out of the refrigerator at one time, and the facility has changed its practice to prepare
just one (1) food item at a time, which has corrected the issue. Commissioner Garcia thanked
Mr. Powers for attending the hearing and implementing the Corrective Action Plan, and he inquired as
to question about why the deadline for participating in the Food Safety Training is not sooner.
Mr. Powers stated he plans to attend the training, along with one of the Assistant Managers, Hugh
Barnes, and he will train two (2) more employees each month. Mr. Joseph stated the Weld Star
classes are held approximately every other month. In response to Chair Conway, there was one illness
reported by an individual who ate at Culver's; however, it was more likely caused by another facility she
ate at, based on the timeframe of her illness. In response to Commissioner Rademacher, Mr. Joseph
stated if the facility complies, the matter will be resolved, and he will bring the matter back before the
Board if the facility does not maintain compliance; however, he is not requesting a continuance of the
matter.
Mr. Teets stated he has eaten at the facility and the dining area seems to be fairly clean. He suggested
the facility should have sinks that do not require batteries or at least have a back up sink which does
not require batteries. He stated there are many other restaurants which are in worse condition than
Culver's. Mr. Powers stated the owner is considering replacing the battery-operated sinks with foot
operated sinks.
In response to Commissioner Rademacher, Mr. Barker recommended referring the matter back to staff,
as Mr. Joseph suggested, and he will bring the matter back to the Board if the issues are not corrected.
In response to Commissioner Kirkmeyer, Mr. Barker stated a lengthy notice process will not be
necessary; staff can bring the matter back immediately before the Board if it is necessary.
Commissioner Rademacher moved to refer the matter back to staff, with the direction for staff to
promptly bring the matter back to the Board if any of the issues are not resolved, and that the
Corrective Action Plan and the civil penalty upheld. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER RECORDED EXEMPTION #4443 - SHAW FAMILY, LLLP (CON'T FROM 07/13/11):
Michelle Martin, Department of Planning Services, stated the applicant applied for a two-lot recorded
exemption on May 16, 2006, and none of the Conditions of Approval have been met to date. She
stated the property is encumbered by Use by Special Review (USR) Permit #1346, which is for an open
pit mining operation. In response to Commissioner Rademacher, Ms. Martin stated the applicants need
to address the referral from the Mountain View Fire District Fire Marshall, dated June 7, 2006, as a
Condition of Approval.
Minutes, January 16, 2012 2012-0176
Page 5 BC0016
Clay Kimmi, Department of Public Works, stated this property is located within the floodplain, and since
the last hearing, Lafarge has submitted a Letter of Map Revision, and the Federal Emergency
Management Agency (FEMA) is anticipated to respond in the next 30-45 days.
Mike Shaw, applicant, stated that at the hearing in July it was uncertain as to who would pay for the
LOMR study, and he feels the Board is to thank for Lafarge moving forward with it. He stated he has
not seen the study or the letter submitted to FEMA, and it is new knowledge to him that the LOMR was
submitted. He stated that last July there were no weed control measures occurring, and he has noticed
a vegetative services contractor has since been maintaining the site; however, he does not know what
Lafarge's plan is regarding weed control for 2012. Mr. Shaw stated the first meeting he has had with
Lafarge occurred last Monday, and it was a good meeting; however, nothing has been accomplished.
He stated they discussed the release of the south section of the property, in order for him to be able to
commence construction; however, there are still issues with the Department of Mining, Reclamation,
and Safety. He stated the top soil issue discussed a year ago has still not been addressed. He
requested the matter be continued again, to maintain Weld County's involvement in the matter.
Sean Frisch, Land Manager for Lafarge, stated since the last meeting Lafarge has produced a model of
the floodplain for the LOMR submittal, and they are awaiting comments from Mr. Kimmi and FEMA. He
stated Lafarge has also been providing weed control; however, the one lingering issue they need to
address is the top soil. He stated the Plant Manager met with the Shaws to identify areas where top
soil is needed; however, Lafarge has not yet received the top soil. He stated Lafarge participated in an
asset exchange with Martin Marietta Materials, which assumed all of the Front Range properties
Lafarge was operating, and in exchange Lafarge gained some properties in the Mississippi River
Valley; however, Lafarge has retained approximately 30 properties along the Front Range which are
currently in reclamation, one of which is the Shaw property, and they plan to release all of those
properties within the next 2 (two) years. Mr. Frisch stated the Shaw property is a priority on the list of
properties to be released, and Lafarge has requested a release of the southern portion of the property;
however, there are erosion issues caused by wind, rain, and boats which need to be addressed, and
the Shaws and Lafarge have differing opinions on how to correct the erosion. He stated he believes
Lafarge can facilitate at least a partial release of the southern portion of the property, for at least the
construction site, since Lafarge does not want construction activities occurring on its mining site. He
stated most of the operational employees were sent to other areas as a result of the asset exchange;
therefore, Lafarge is hiring third party contractors to complete the earthwork and vegetation services,
and Lafarge is going to send out Requests for Proposals (RFPs) this month. Mr. Frisch stated the
contracts will be for the entire area, including two (2) other pits near the Shaw property, and hopefully
work will commence in the Spring. Commissioner Rademacher expressed his disappointment with
Lafarge for not commencing work more quickly, and he inquired as to what the timeframe is for FEMA
to submit its comments to Lafarge. Mr. Kimmi stated his comments identified several minor issues
regarding the modeling, and he submitted those to FEMA and Lafarge. He stated FEMA will likely
provide comments similar to his and when FEMA submits its comments, Lafarge will have 90 days to
address those; therefore, the process could take approximately six (6) months. In response to
Commissioner Rademacher, Mr. Frisch stated the lake located on the southern portion of the property
is a groundwater lake, and the Shaws own it. Further responding to Commissioner Rademacher,
Mr. Frisch stated Lafarge is responsible for addressing the erosion, and it has corrected the erosion in
the past. He stated the erosion is affected by the groundwater elevation changes each season, and
installing a protective material has been discussed as a possible solution; however, it is expensive.
Commissioner Rademacher stated there are many possible ways to address erosion, and Mr. Frisch
concurred. In response to Commissioner Rademacher, Ms. Martin suggested continuing the matter for
six (6) months to give the Board a status update. In response to Chair Conway, Mr. Frisch stated weed
control measures will continue to occur in the year 2012, and the services have already been arranged.
Chair Conway requested that staff provide a copy of the LOMR to the Shaws. In response to Chair
Conway, Mr. Frisch stated the RFPs will be distributed within 30 days, and it the goal of Lafarge to hire
Minutes, January 16, 2012 2012-0176
Page 6 BC0016
a contractor this Spring. Further responding to Chair Conway, Mr. Frisch stated there is a release
inspection scheduled with the Department of Mining, Reclamation, and Safety, for this Friday, January
20, 2012. Commissioner Kirkmeyer stated she does not want to get in the middle of contractual items
between the Shaws and Lafarge, since it is out of the Board's purview to do so; however, it would be
great if Lafarge resolves the matter. Commissioner Garcia thanked Lafarge for taking this matter
seriously, and for completing the LOMR and completing weed control measures. Commissioner
Rademacher moved to continue the matter to June 18, 2012, with the instruction that staff bring the
matter back before the Board sooner if the items are completed earlier. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4546 - ELAINE BRASWELL (CON'T FROM 06/13/11):
Ms. Martin stated the applicant submitted a letter late Friday afternoon, indicating she wishes to
withdraw her application. In response to Commissioner Rademacher, Ms. Martin confirmed the only
item remaining is for the applicant to submit a mylar plat; however, the applicant has indicated she
lacks the funds to hire a surveyor. Further responding to Commissioner Rademacher, Ms. Martin
stated Ms. Braswell has invested $1,000.00 in County application fees; however, Ms. Braswell
indicated the survey will cost approximately an additional $2,500.00. No representatives of
Ms. Braswell were present. In response to Commissioner Rademacher, Mr. Barker indicated the
correct action would be for the Board to accept the request to withdraw the application. Commissioner
Garcia stated there is no reason to make hasty decisions, and he is willing to continue the matter for
another year. In response to Chair Conway, Ms. Martin reiterated the applicant requested a
withdrawal; however, they did not discuss the details of her financial situation. Chair Conway
suggested the Board continue the matter for 30 days, since Ms. Braswell may not have considered
other options. Commissioner Kirkmeyer suggested a one week continuance, in order to be sure
Ms. Braswell does not want to continue the matter for a year. Commissioner Rademacher moved to
continue the matter to January 23, 2012, in order to allow Ms. Braswell a chance to reconsider her
request for withdrawal. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
PLANNING NEW BUSINESS:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1733- SUSAN MAESTAS: Chris
Gathman, Department of Planning Services, stated this USR Permit is for a Kennel with up to 40 dogs,
and an Animal Grooming Shop for dogs and cats, in the Aristocrat subdivision. He stated all of the
Conditions of Approval have been satisfied or are in the process of being satisfied, and the one
remaining item is the finalization of the plat. He recommended the matter be referred back to staff,
since it is very close to completion.
Sue Maestas, applicant, confirmed she is very close to satisfying all the Conditions of Approval, and
she stated the largest hurdle has been the septic tank issue. Commissioner Rademacher moved to
refer the matter back to staff. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1741 - ROSWELL AND KERRY
CHECKETTS: Mr. Gathman stated this USR Permit is for the expansion of an existing dairy to
1,400 animals, and there are outstanding Conditions of Approval, including the lighting plan, which will
be included on the USR plat when it is prepared. He stated the most significant issue is ensuring the
applicant meets the State requirements, and the applicants also need to provide evidence they have
addressed mineral interests. He stated there was a complaint about the facility in May, 2011, and the
State inspected the site and issued a letter providing the applicant until August 31, 2012, to
demonstrate compliance with the State requirements; therefore, staff recommends either a continuance
or that a Final Determination Hearing be scheduled to consider rescission. In response to
Commissioner Rademacher, Mr. Gathman stated this USR Permit was approved July 21, 2010.
Minutes, January 16, 2012 2012-0176
Page 7 BC0016
Tim Naylor, AgPROfessionals, LLC, representative for the applicant, requested an extension to
August 31, 2012, in order to coincide with the State deadline. In response to Commissioner Kirkmeyer,
Mr. Naylor indicated he believes the applicants will be able to meet all of the State's regulations by the
deadline, and the applicants have chosen for the facility to remain under 700 milking cows; however,
they want to be sure the pond being constructed will be adequate for potential future growth.
Commissioner Rademacher stated the USR Permit allows up to 1,400 animals; however, the applicants
will have to comply with Concentrated Animal Feeding Operation (CAFO) if the facility exceeds 1,000
animals. Mr. Naylor stated the applicant does not plan on exceeding 1,000 animals; however, the site
will ultimately be adequate for a CAFO facility. Mr. Gathman recommended a continuance or a
scheduling a Final Hearing to consider rescission of the USR Permit. Commissioner Rademacher
indicated he is in favor of continuing the matter; however, he would like quarterly reports to be made to
staff. Commissioner Kirkmeyer moved to continue to September 10, 2012, with the direction that
quarterly reports be submitted by the applicants to staff. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER SECOND READING OF CODE ORDINANCE #2012-1, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING
REGULATIONS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read
Ordinance#2012-1 by title only. Seconded by Commissioner Rademacher, the motion carried
unanimously. Mr. Barker read the title into the record.
Tom Parko, Department of Planning Services, stated there have been no changes to the Ordinance
since the first reading. Chair Conway provided the opportunity for public testimony; however, none was
given. In response to Commissioner Rademacher, Commissioner Kirkmeyer confirmed there was a
work session regarding this Ordinance after the first reading. Commissioner Garcia stated the work
session provided a basic description of the violation program, and there will be updates from staff about
how it is being implemented. Commissioner Rademacher moved to approve Ordinance #2012-1 on
second reading. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2012-1 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.
Minutes, January 16, 2012 2012-0176
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Sean P. Co , Chair
Weld County Clerk to the Board C?;
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William Garcia, Pro-Tem
BY: �b1A-4///a..
Deputy Clerk to the BoardCIES7ta Kiorkme et
David E. Long \I
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'Doug) Rademac r
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Minutes, January 16, 2012 2012-0176
Page 9 BC0016
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