HomeMy WebLinkAbout20121624.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 27, 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, June 27, 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-Tern
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick/Debbie Heffel
Director of Finance and Administration, Monica Mika
(Clerk's Note: There is no audio associated with a majority of this hearing, due to technical difficulties.)
MINUTES: The minutes of the Board of County Commissioners meeting of June 25, 2012, were
approved, as printed.
AMENDMENTS TO AGENDA: The following was deleted from new business: 2) Consider Congestion
Mitigation and Air Quality (CMAQ) Grant Agreement for Compressed Natural Gas (CNG) for Upper
Front Range and authorize Chair to sign.
PUBLIC INPUT: Doug Meyer, County resident, expressed his concerns about the running of the wells,
stated he believes the residents of Weld County deserve to have answers since they have been waiting
so long, and he hopes that the Commissioners take this issue seriously.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
1) PROCLAMATION OF RECOGNITION - NEW HORIZONS CHRISTIAN CHURCH: Chair
Conway read the certificate and thanked them for all they do for the communities.
2) PROCLAMATION OF RECOGNITION - FIRST PRESBYTERIAN CHURCH: Chair Conway read
the certificate and thanked them for all they do for the communities.
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3) PROCLAMATION OF RECOGNITION - TOWER 21 AND WAYPOINTS FAITH COMMUNITY:
Chair Conway read the certificate and thanked them for all they do for the communities.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
1) APPROVE BID #81200108, GRADER BLADES - DEPARTMENT OF PUBLIC WORKS:
Monica Mika, Director of Finance and Administration, reviewed the recommendation of the memo dated
June 12, 2012. Commissioner Rademacher moved to approve the low bid as recommended by staff.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
2) PRESENT BID #B1200107, HVAC COMPONENTS FOR THE MOTOR POOL BUILDING -
DEPARTMENT OF BUILDINGS AND GROUNDS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated staff will review the bids received and make a recommendation for approval on July 11, 2012.
NEW BUSINESS:
1) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Department of Public Works, Pest and Weed Division,
stated she is working with the property owners in Sections 8 and 9; however, she requested approval
for entry on the remaining properties to mitigate the weeds. Commissioner Kirkmeyer moved to
approve said entry. The motion was seconded by Commissioner Long, and it carried unanimously.
2) CONSIDER ASSIGNMENT AND ACCEPTANCE OF LEASE FOR PROPERTY LOCATED AT
320 MAPLE DRIVE, FREDERICK, COLORADO 80530, AND AUTHORIZE CHAIR TO SIGN -
COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Bruce Baker, County Attorney, and Ms.
Mika stated this lease goes through the end of October. Commissioner Kirkmeyer moved to approve
said assignment and acceptance of lease and authorize the Chair to sign. The motion was seconded
by Commissioner Long, and it carried unanimously.
3) CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A
BOARD OF EQUALIZATION FOR CALENDAR YEAR 2012: Mr. Baker explained this is the annual
action necessary to convene as the Board of Equalization to hear property tax appeals. Commissioner
Kirkmeyer moved to approve said Resolution. The motion was seconded by Commissioner Long, and
it carried unanimously.
PLANNING:
e 1) CONSIDER MINOR AMENDMENT, MUSR12-0005, FOR SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #950 - PHIL AND MARYANNE
PENNOCK: Chris Gathman, Department of Planning Services, provided a brief summary of the
location, displayed photographs of the site and surrounding area, and explained the request in further
detail. He stated staff has received only one phone call and an e-mail in support, there have been no
prior complaints, and the Town of Berthoud indicated no concerns. Mr. Gathman stated there is a hog
farm to the west, and although he is not sure of the number of animals present, the property is very well
screened. He further stated the amendment was approved on June 6, 2001.
Tom Haren, AGPROfessionals, LLC, explained the property was once a turkey farm; however, the
owner intends to convert it to a 1,000-head dairy farm and he reviewed the pros and cons of the
property. In response to Commissioner Garcia, Mr. Haren indicated the location of proposed pond and
stated the application was reduced from 1,750 to 1,000 head.
Doug Pennock, applicant, stated he also farms land in sections north of the property to be developed.
Minutes, June 27, 2012 2012-1624
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Sarah Lincoln and Butch Hause, surrounding property owners, indicated the location of their property
and stated that they and the Greens, who live directly south of the property, are not in support of the
potential development. They expressed concerns with flies, odor, dust, heavy equipment, traffic,
impacts to water, and decreased property values.
Kevin Conlin, surrounding property owner, displayed a PowerPoint presentation and expressed
concerns regarding odor, flies, dust, health problems for his family, and the high volume of traffic that
goes through the area.
Mr. Pennock and Mr. Haren indicated this is a very clean farm, the flies and odor will be mitigated, and
traffic will increase on the site but not off site.
Following discussion, Commissioner Kirkmeyer moved to approve said Minor Amendment, MUSR12-
0005, for Site Specific Development Plan and Use by Special Review Permit #950 for Phil And
Maryanne Pennock, do Doug Pennock. Her motion included moving Condition of Approval #2.A.2 to
become a new Condition of Approval #7.A under the hearing "Prior to Operations"; modifying Condition
of Approval #8.A to state, "A building permit may be required for the new construction, and any
alteration or addition to any buildings or structures on the property."; amending Development Standard
#24 to state, "A building permit may be required for the new construction, and any alteration or addition
to any buildings or structures on the property."; and renumbering or re-lettering as appropriate. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
e 2) CONSIDER PROBABLE CAUSE HEARING, PCSC12-0002, CONCERNING SECOND
AMENDED USE BY SPECIAL REVIEW PERMIT #726 - RCJC, LLC (FORMERLY RALPH NIX
PRODUCE, INC.): Mr. Gathman displayed a PowerPoint presentation and reviewed the case history
leading to this hearing. He stated the tenant is in the process of clearing the site and he recommends
the hearing be continued to July 11, 2012. Rob McCrimmon, property owner, stated he is not happy
with the property's condition either, he has notified the tenant of a 30-day deadline to rectify the
situation, and he is in favor of a continuance. Commissioner Kirkmeyer moved to continue the hearing
to July 11, 2012, at 9:00 a.m. The motion was seconded by Commissioner Long, and it carried
unanimously.
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.
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There being no further business,this meeting was adjourned at 12:01 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:�j�„
Sean P.Conway,Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
Will am F.Garcia, Pro-T m
BY: 1)1FS
Deputy CI4 to a Board 3 «1 4Z�
Kirkme er
1861 t 0vP d E.Long - --
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(� Dougl Rademach r
Minutes,June 27,2012 2012-1624
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