HomeMy WebLinkAbout20120113 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 11, 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 11, 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:
Assistant County Attorney, Stephanie Arries
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 9, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Eric Doering, Mayor of the Town of Frederick, stated he is not present in his capacity
as Mayor; he is present as the Manager of the Saint Vrain Sanitation District, to inform the Board about
some happenings in Southwest Weld County. He stated it is the intention of the Saint Vrain Sanitation
District to work towards the inclusion of the East 1-25 Sanitation District. He stated the two (2) Districts
began working on an intergovernmental agreement regarding the Saint Vrain Sanitation District taking
over the East 1-25 Sanitation Districts Phase I of its project to install lines; however, both Districts have
come to the conclusion it is more useful to simply include and dissolve the East 1-25 Sanitation District.
Mr. Doering stated there was contention at one time between the Town of Mead and the East 1-25
Sanitation District over this matter; however, the East 1-25 Sanitation District is working the legal
process it needs to follow to dissolve, and there will be a Special District Election on May 8, 2012. He
stated Saint Vrain Sanitation District will not take over the East 1-25 Sanitation District's debt, and the
East 1-25 Sanitation District hopes to have the debt for the Phase I pipeline paid within two (2) years.
Commissioner Rademacher thanked Mr. Doering, and he indicated it is a great idea to consolidate both
Districts into a regional facility and he hopes the Town of Mead will join. Commissioner Kirkmeyer
thanked St Vrain Sanitation for following through with its promise from a previous hearing to strive to
bring these areas together. Chair Conway concurred with Commissioners Rademacher and Kirkmeyer,
he thanked Mr. Doering for keeping the Board informed on the matter, and he stated this is wonderful
news.
`{S\� Minutes, January 11 2012 2012-0113
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CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - KAREN RICHARDSON:
Chair Conway read the certificate into the record, recognizing Karen Richardson for 16 years of service
with the Department of Human Services.
Judy Griego, Director, Department of Human Services, stated Ms. Richardson is one of the nicest
people one could hope to work with, she is a great team player, and a well-regarded professional.
Nancy Lawson, Department of Human Services, thanked Ms. Richardson for all the work she has done
for the Department over the last 16 years. She stated Ms. Richardson has processed well over
100 million dollars in Child Support payments, and the quality of her work was excellent. She stated
she already misses Ms. Richardson's laughter in the office, and she wished her the best in her
retirement.
Ms. Richardson thanked the County for employing her for the last 16 years, she enjoyed the work she
did, and she loves her co-workers, who are fun, professional, and regarded as extended family.
Commissioner Garcia thanked Ms. Richardson for her service and the enjoyment she provided her
coworkers. Commissioners Rademacher and Kirkmeyer concurred with Commissioner Garcia's
comments. Commissioner Long wished her good luck in her future endeavors. Chair Conway stated
Ms. Richardson handled extremely difficult issues, which resulted in collections which benefited Weld
County's tax payers.
COMMISSIONER COORDINATOR REPORTS: Chair Conway stated he attended the Master
Gardener dinner at the Extension Office, and there were more than 50 people in attendance. He stated
the Master Gardener Program has flourished over the last three (3) years, and in 2011 there were
2,104 hours volunteered to the Program and 1,950 citizen contacts, which is astonishing. He stated the
Program is expanding its outreach, and the Island Grove Regional Board has extended the Master
Gardener Program the responsibility of designing the area outside the Extension Office, which is the
first time this has occurred. Chair Conway stated all of the members of the Master Gardener Program
are citizens volunteering their time, and the Community Garden Program is flourishing. He stated
Maria Sanchez attended the dinner and she has initiated an Immigrant Gardening Program for the
Somali and Burmese immigrants in the community, to help them grow their own food.
PLANNING:
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1030 - BURLINGTON
NORTHERN SANTA FE RAILROAD COMPANY: Kim Ogle, Department of Planning Services, stated
this application was approved October 6, 1993, for a Private Microwave Repeater Station. He stated
the site is located south of County Road 6, and east of County Road 31. He stated staff sent Burlington
the Northern Santa Fe Railroad Company a letter in the year 2001, Jacqueline Hatch, former employee
of the Department of Planning Services, followed the case through the year 2003, and he then acquired
the case. Mr. Ogle stated he has verified the applicant is in compliance with the Conditions of
Approval, and now they are working to create a plat and there is a meeting scheduled for next
Wednesday morning; therefore, he requests the matter be referred back to staff for processing. In
response to Commissioner Kirkmeyer, Mr. Ogle stated there is every indication the applicant's
representative is going to meet with staff next week and the representative confirmed the meeting
yesterday. No representatives for Burlington Northern Santa Fe Railroad Company were present.
Commissioner Kirkmeyer stated she is willing to continue the matter; however, she is not comfortable
referring it back to staff, in case the applicant's representative does not attend the scheduled meeting,
Minutes, January 11 2012 2012-0113
Page 2 BC0016
and she moved to continue the matter to January 25, 2012, at 9:00 a.m. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING AMUSR #1133 — FAULKNER
DAIRY II, LLC: Mr. Ogle stated this application was conditionally approved on June 27, 2007, for an
Agricultural Service Establishment, including a Livestock Confinement Operation (a dairy operation with
a total of 9,000 head), as well as the existing permitted Accessory to the Farm Mobile Homes (six (6)
total). He stated staff been corresponding with the applicant's representative, AGPROfessionals, LLC,
since the year 2008, and there are three (3) outstanding Conditions of Approval remaining.
Clay Kimmi, Department of Public Works, stated the Department requested a Flood Hazard Permit on
March 27, 2007, and the Condition of Approval has still not been met. In response to Commissioner
Rademacher, Mr. Kimmi read the outstanding Condition of Approval into the record. In response to
Commissioner Kirkmeyer, Mr. Kimmi stated the reason the applicant must obtain a Flood Hazard
Permit is the applicant is proposing placing improvements within the floodplain. Commissioner
Kirkmeyer stated that a letter from the Department of Planning Services to the applicant's
representative, dated September 2, 2011, states Condition of Approval 1.D has been met; therefore,
she understands how the applicant may have been confused.
In response to Chair Conway, Mr. Ogle stated the Division of Wildlife provided several
recommendations regarding the water storage facility, weed management, fencing, and land uses.
Tim Naylor, AgPROfessionals, LLC, representative for Faulkner Dairy II, LLC, stated he has not
received a copy of the letter dated January 9, 2012. He stated no mineral owners expressed concerns
in the original hearings, and he feels that the Conditions of Approval have been met. He further stated
the facility has been designed to meet the Division of Wildlife's guidelines, and the Department of
Planning Services sent a letter in April, 2008, which stated all of the Conditions of Approval had been
met except Condition of Approval 1.H, which addresses a CAFO (Concentrated Animal Feeding
Operations) Permit. He stated in the year 2009, he submitted a letter in response to Mr. Ogle, where
he referred to the letter received in April, 2008, and he explained his understanding was the Conditions
of Approval had been completed, other than Condition of Approval 1.H, and no response was received
to his letter. Mr. Naylor stated on August 10, 2011, he submitted proof of the CAFO application
submittal, and his applicant has an approved CAFO Permit at this time. He stated the existing ponds
have been located on the site since prior to the year 2000, and the applicant has satisfied the State's
requirements for flood protection for the CAFO Permit. He stated the applicant will submit a Grading
Plan and apply for a Flood Hazard Permit when there is a plan to construct new ponds; however, he
does not see a need to apply for the Permit at this time, since there are no plans to commence
construction of the new ponds. In response to Commissioner Rademacher, Mr. Kimmi stated he is
unsure as to whether the State reviewed the FEMA and floodplain requirements for the site or reviewed
the ponds for floodplain compliance when the applicant was granted the CAFO Permit. Further
responding to Commissioner Rademacher, Mr. Kimmi stated the existing ponds may be in violation of
the floodplain requirements, as well as the planned improvements. In response to Commissioner
Rademacher, Mr. Naylor stated he would have to speak to the applicant to determine exactly when the
existing ponds were created, He stated a Flood Hazard Permit may cost up to $25,000.00 to
$35,000.00, which is an expensive undertaking, particularly if no additional ponds are created, and he
will recommend the applicant design the ponds outside of the floodplain when there are plans for
additional ponds. Responding to Commissioner Rademacher, Mr. Naylor stated the applicant had to
demonstrate the existing ponds were protected from the 100-year floodplain when the CAFO Permit
was requested. Commissioner Kirkmeyer stated the State may have expressed observations or
comments; however, it was not in CAFO's purview. In response to Commissioner Kirkmeyer,
Mr. Kimmi stated there are existing ponds located both in the floodway and the floodplain, and if the
ponds were constructed after the year 1982, they would have required a Flood Hazard Permit. He
Minutes, January 11 2012 2012-0113
Page 3 BC0016
stated the proposed two (2) new ponds triggered the Condition of Approval for a Flood Hazard Permit;
however, a note could be placed on the plat that the new ponds cannot be constructed until a Flood
Hazard Permit is approved, which would allow the applicant to move forward and record the plat.
Mr. Naylor indicated he would have no objection to the suggested note being placed on the plat.
Commissioner Kirkmeyer inquired as to whether it is possible for Mr. Naylor to obtain letters from the
Division of Wildlife and the surrounding mineral owners to demonstrate adequate effort has been made
to mitigate the concerns. Chair Conway inquired as to whether there is a previous letter which can be
submitted for the file. Mr. Naylor indicated in the past when letters were sent to the surrounding mineral
owners, if there was no response, it was considered to be an adequate attempt by the applicant to
address concerns. Commissioner Kirkmeyer stated this is a different situation, since the Conditions of
Approval state the applicant must provide evidence that an adequate attempt has been made to
mitigate the concerns of the surrounding mineral owners and the Division of Wildlife. She stated if the
applicant does not have evidence, Mr. Naylor should write a letter stating the concerns have been
addressed and provide it to the Department of Planning Services, to have it on record. Commissioner
Rademacher stated it appears there is a letter from the Division of Wildlife already on record. In
response to Commissioner Kirkmeyer, Mr. Naylor stated they will add a note to the plat, as suggested
by Mr. Kimmi, to address the drainage issue, and he requested that Mr. Kimmi provide the language he
would like to appear on the plat. Mr. Kimmi stated that in a memorandum he composed in the
year 2008, he outlined language for four (4) proposed Development Standards which will address the
outstanding issues when added to the plat. Mr. Naylor expressed concern about a third party forcing
the applicant into a Surface Use Agreement, for example, this would be an opportune time for
Anadarko to state they want to renegotiate. Commissioner Kirkmeyer stated it is not the intent of the
Board for an applicant to be held hostage by another party, and the Board just needs evidence an
attempt to mitigate any concerns has been made, in order to meet the requirement. Mr. Ogle stated a
paper plat has been submitted by staff, and with the additional notes suggested by Mr. Kimmi, the
applicant will be in compliance. Commissioner Garcia stated he is satisfied the applicant is moving in
the correct direction, and he moved to refer the matter back to the Department of Planning Services for
processing. Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer concurred
that referring the matter back to staff is appropriate, and she stated the notes proposed by Mr. Kimmi
seem to address the outstanding Conditions of Approval. Chair Conway concurred with the other
Commissioners. There being no further discussion, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR #1709 - SUNCOR
ENERGY (USA) PIPELINE COMPANY: Chris Gathman, Department of Planning Services, stated this
application was approved by the Board on December 16, 2009, and most of the Conditions of Approval
have been addressed. He stated the one outstanding Condition of Approval is an Improvements
Agreement, and the applicant has participated in meetings with staff and the County Attorney regarding
finalizing the agreement. He requested a continuance of 60 days to complete the Improvements
Agreement and finalize the plat. No representatives of Suncor Energy (USA) Pipeline Company were
present. Commissioner Rademacher moved to continue the matter to March 12, 2012. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR#1714 -ANTHONY AND SHERRY
REIS: Mr. Gathman stated this application was approved by the Board on November 18, 2009, and the
site is located immediately east of the Town of Keenesburg. He stated additional requirements from
the State have been applied to the existing building; the State is now requiring the building have a
concrete or sealed wood floor. He stated the other outstanding requirement is that the applicant must
apply for a Building Permit for a Change of Use for the existing outbuilding on the site. Mr. Gathman
stated the State indicated the well on the site is acceptable, all the other Conditions of Approval have
been met, and staff has reviewed a copy of the draft plat. He requested 60 days for the applicants to
complete the two (2) outstanding requirements and submit the plat. In response to Commissioner
Minutes, January 11 2012 2012-0113
Page 4 BC0016
Rademacher, Mr. Gathman confirmed this is the first he has heard of the State requiring specific
flooring for a kennel.
In response to Chair Conway, Stephanie Arries, Assistant County Attorney, stated the flooring is a
State requirement, and the applicant will not be able to operate without meeting the State's
requirements. He inquired as to whether the Board has to acknowledge the new State flooring
requirement if the Use by Special Review (USR) application was approved prior to the new regulation
going into effect. Commissioner Kirkmeyer stated the applicant will have to deal with the State issues
regarding their license from the State, and the Board needs to only address the USR Permit Conditions
of Approval. Ms. Arries reiterated the flooring is not a Condition of Approval for the USR Permit. In
response to Chair Conway, Mr. Gathman confirmed County staff will not enforce the State
requirements; however, he requests that the applicants submit a copy of their State license when it is
issued, to demonstrate they are in compliance with the State. In response to Commissioner
Rademacher, Mr. Gathman confirmed the outstanding County items are the Building Permit and
recording the plat.
In response to Anthony Reis, applicant, Mr. Gathman confirmed just one permit is required by the
County. Mr. Reis stated the pea gravel floor was not a problem when the State inspected the facility
five (5) years ago; however, the State's requirement has since been changed, and the kennel has been
out of service since its last inspection, when he discovered there are new flooring requirements. He
stated he wants to request more than 60 days due to his financial situation, and major medical issues.
He stated he has been able to retain his home, avoid bankruptcy and foreclosure, has settled most of
his outstanding debt, and he should be able to settle his remaining debt over the next 18 months. He
stated his financial situation will change drastically in the next 18 months, and he would like to request
two (2) years to complete the Conditions of Approval. Mr. Reis stated he is pursuing loans and "go
green" grants, and even considering implementing solar power. He stated he has no disposable
income at this time; however, he sees light at the end of the tunnel.
Sherry Reis, applicant, stated the kennel business is her life. She stated she has been involved in this
field for many years and she loves it, and she can meet the Conditions of Approval if the Board is
patient and willing to work with her. Commissioner Rademacher inquired as to whether there are any
health or safety issues with the facility. Mr. Gathman inquired as to whether the grooming business is
being operated out of the kennel building or the residence. Ms. Reis stated the customers are coming
to the house. Commissioner Kirkmeyer suggested referring the matter back to staff, and requiring
quarterly reports on the progress to be submitted to staff, as opposed to continuing the matter for
two (2) years, based on the progress the applicants have made since their violation hearing occurred.
Chair Conway indicated he would support Commissioner Kirkmeyer's suggestion; however, he is
concerned about requiring the reports while Mr. Reis is facing the major short term challenges he has
ahead and he does not want Mr. Reis to have to worry about the reports. Commissioner Kirkmeyer
clarified the report can be as simple as an e-mail to Mr. Gathman. Mr. Reis indicated he will be able to
comply with the request for quarterly reports. Commissioner Garcia concurred with Commissioner
Kirkmeyer, and he indicated staff may bring the matter back before the Board for consideration if the
quarterly reports are not occurring. In response to Mr. Reis, Mr. Gathman confirmed he must obtain a
Building Permit before being able to submit the plat for recording. Commissioner Kirkmeyer inquired as
to whether placing a note on the plat that the Building Permit will be required could satisfy the
requirement. Mr. Gathman indicated he is not comfortable with a note on the plat addressing the
Condition of Approval since grooming is occurring within the residence and there may be some
accessibility requirements. Commissioner Kirkmeyer indicated she is not concerned about that since
many issues were resolved concerning this case as a previous violation hearing. Chair Conway
concurred with Commissioner Kirkmeyer that he does not see a problem with placing a note on the plat
to address the Building Permit issue. Mr. Kimmi indicated he is open to placing a note on the plat to
address the Building Permit issue. Commissioner Kirkmeyer moved to refer the matter back to staff,
Minutes, January 11 2012 2012-0113
Page 5 BC0016
with the direction for quarterly reports to be submitted to staff. Seconded by Commissioner Garcia, the
motion 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.
There being no further business, this meeting was adjourned at 10:03 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Sean P. C ay, Chair
Weld County Clerk to the Board
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Deputy Clcdc to the Boardaik +► �ti
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'Davi . Long
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Minutes, January 11 2012 2012-0113
Page 6 BC0016
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