HomeMy WebLinkAbout20111695.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 18, 2011
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
Centennial Center, Greeley, Colorado, July 18, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long — EXCUSED
Commissioner Douglas Rademacher
Also present:
Assistant County Attorney, Brad Yatabe
Acting Clerk to the Board, Elizabeth Strong
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of July 13, 2011, 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 July 12, 2011, as follows: 1) Violation Hearings. Commissioner Garcia
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
CHILD WELFARE DEPARTMENT OF THE YEAR AWARD - DEPARTMENT OF HUMAN SERVICES:
Chair Kirkmeyer read the certificate into the record, recognizing the Department of Human Services
Child Welfare Division for being the Statewide Winner of the Child Welfare Department of the Year
Award.
Judy Griego, Director, Department of Human Services, stated Gloria Romansik, Department of Human
Services, Child Welfare Division, has been the leader in establishing the environment within the
Department along with John Kruse, Department of Human Services. She indicated it is unique for
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one (1) Department of Human Services to receive numerous Statewide awards, and this award is the
ultimate recognition that the Department is the leader in the Fatherhood Program throughout the State.
Ms. Romansik thanked the Board and Ms. Griego for their support, and she thanked all her staff.
Commissioner Conway stated it is not surprising to him that the Department would be recognized by
the State, due to Ms. Romansik's leadership and her staff, and he congratulated them. Commissioner
Garcia stated today we are celebrating awards for the Fatherhood Program; however, the County has a
great Department of Human Services, which has been recognized for its success in many other areas,
including collections and fraud investigations, and he congratulated all the employees in the
Department of Human Services. Commissioner Rademacher congratulated Ms. Romansik, and he
stated "Team Weld" has risen to the top once again. Chair Kirkmeyer thanked Ms. Romansik for
another opportunity to brag about the Weld County Department of Human Services.
FATHERHOOD LEADER OF THE YEAR AWARD, STATEWIDE WINNER - TYLER OSTERHAUS:
Chair Kirkmeyer read the certificate into the record, recognizing Tyler Osterhaus for being the
Statewide Winner of the Fatherhood Leader of the Year Award.
Ms. Romansik indicated Mr. Osterhaus lives in accordance with the lessons he teaches through the
Fatherhood Program. She stated he takes his role as a father to his daughter seriously, and he
deserves this award.
Mr. Osterhaus thanked the Board, Ms. Romansik, Ms. Griego, and the Department of Human Services
for their support. He stated he could not have accomplished this without everyone's help. He stated
the Fatherhood Program took some healthy risks, and it is paying off. Mr. Osterhaus stated the
Program's success is a testimony to progressive leadership, and it has been wonderful to have the
opportunity to serve in this capacity. Commissioner Garcia stated Mr. Osterhaus' leadership ability is
evident from his speech. He stated Mr. Osterhaus is fun and energizing to be around. Commissioner
Rademacher congratulated Mr. Osterhaus, and he stated the award is well deserved, since he worked
hard to achieve what he has accomplished. Commissioner Conway stated he cannot think of a better
recipient for this award. He stated he has worked with Mr. Osterhaus on a number of issues and
committees and he has seen firsthand that he is a great role model and a great asset to the County.
Chair Kirkmeyer stated it is obvious Mr. Osterhaus loves what he is doing, and he deserves this award.
She stated Mr. Osterhaus exudes an amazing amount of energy and it is great to see someone so
engaged within the community.
COLORADO FATHERHOOD COUNCIL MEMBER OF THE YEAR AWARD, STATEWIDE WINNER —
ANN BRUCE: Chair Kirkmeyer read the certificate into the record, recognizing Ann Bruce for being the
State Winner of the Colorado Fatherhood Council Member of the Year Award.
Mr. Kruse stated the award speaks volumes about Ms. Bruce's personality, leadership, attitude,
motivation, drive, and collaboration skills, which extend beyond the Fatherhood Program.
Ms. Bruce thanked the Board, Mr. Kruse, and Ms. Griego for allowing her to work with the Fatherhood
Program and being able to connect it with the Building Healthy Marriages Program. She thanked
Mr. Osterhaus for his ideas and energy. Commissioner Rademacher stated he is very proud to be part
of a County which is recognized Statewide. Commissioner Conway stated the awards are impressive;
however, the awards do not come as a surprise to the Board or those who have had the opportunity to
work with Ms. Bruce. He thanked Ms. Bruce for her leadership and improving the lives of the citizens in
Weld County, and for setting a great example for the rest of the State. Commissioner Garcia stated he
is sure Commissioner Long would have really liked to have been here to share the history of the
Fatherhood Program. He stated Commissioners Geile and Long were instrumental in pushing through
a grant for more than $1,000,000.00 over a five (5) year period for the Building Healthy Marriages
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Program. He stated the Program was new and innovative when it was introduced and he was a brand
new commissioner when the County received this grant funding. Commissioner Garcia stated he
remembers some of the initial conversations with Ms. Griego and Ms. Bruce about how they envisioned
the partnerships developing, and they have done a wonderful job with the Program. Chair Kirkmeyer
stated the Board has recognized Ms. Bruce's quiet, unassuming leadership, and now the State has as
well, and she is proud of Ms. Bruce and her division.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #61100082, COMPRESSED NATURAL GAS (CNG) STATION UPGRADE -
DEPARTMENT OF PUBLIC WORKS: Barb Connolly, Controller, stated three (3) bid proposals have
been received and are being reviewed by the Department of Public Works, and said bid will be
presented for approval on August 1, 2011.
NEW BUSINESS:
CONSIDER EXTENSION AGREEMENT FOR MEMORANDUM OF UNDERSTANDING
CONCERNING COLORADO WORKS PROGRAM AND COLORADO CHILD CARE ASSISTANCE
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human
Services, stated this is an extension agreement for an existing Memorandum of Understanding
between the County and State Departments of Human Services, and the agreement was reviewed by
the Board, along with a "pass-around" memorandum dated June 28, 2011. She stated the State is
recommending the Department proceed with a one page extension agreement, since there are no
proposed changes to the Memorandum of Understanding, other than the term extension, which will end
June 30, 2012. She stated the Memorandum of Understanding allows the Department to implement
the Colorado Works and Colorado Child Care Assistance Programs, and Bruce Barker, County
Attorney, has reviewed the proposed agreement. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TASK ORDER CONTRACT FOR EMERGENCY PREPAREDNESS AND RESPONSE
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director, Department of
Public Health and Environment, stated this funding is requested annually, and the contract was
reviewed by the Board, along with a memorandum dated July 7, 2011. He stated the Board has
previously approved these task order contracts each year, under the master contract with the Colorado
Department of Public Health and Environment, and this particular contract offers the Department
funding in the amount of $205,569.00, for a period commencing August 10, 2011, through August 9,
2012. He stated this is a decrease in funding of approximately $36,000.00 from last year, which is
approximately 15 percent. Dr. Wallace stated 100 percent of the funding is Federal "pass-through"
funding from the U.S. Department of Health and Human Services, through the Centers of Disease
Control and Prevention. He stated the Scope of Work includes goals and measurements which support
the Centers for Disease Control and Prevention's Preparedness Cooperative Agreement, as well as the
10 essential public health services the Department of Public Health and Environment operates around.
He stated a downsized staff has been proposed to the Board in order to meet the reduced funding, and
he believes the Department will be able to continue to effectively meet the deliverables with the
decreased staff size. Dr. Wallace stated this is a particularly important year of funding because many
of the deliverables outlined will position the Department for future funding in the arena of Public Health
Emergency Preparedness. Commissioner Conway moved to approve said contract and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
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CONSIDER STATEMENT OF WORK FOR COLORADO IMMUNIZATION PROGRAM (CIP)
OUTREACH PROJECT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated vaccine
administration is an essential service of the Department and the Board has been very supportive of
immunization programs. He stated the proposed Statement of Work will allow the Department to
continue to provide vaccinations, particularly DtaP, to combat pertussis, and the term will end June 30,
2012. He stated the funding will not exceed $22,646.00. Commissioner Garcia stated he attended the
Immunization Coalition dinner last week with Commissioner Conway, and it was a wonderful
opportunity to learn. He stated there was a speaker from the Centers for Disease Control and
Prevention and pertussis was a main item of discussion. Commissioner Garcia moved to approve said
Statement of Work and authorize the Chair to sign. Commissioner Conway seconded the motion, and
he stated many people from within the community were recognized at the Immunization Coalition
dinner. He stated he has personally made phone calls for the Colorado Immunization Program, many
of which are to first-time mothers, and it is an important and successful program, which he supports
100 percent. He thanked Dr. Wallace for his leadership concerning the Colorado Immunization
Program. There being no further discussion, the motion carried unanimously.
CONSIDER STATEMENT OF WORK FOR COLORADO IMMUNIZATION INFORMATION
SYSTEM (CIIS) GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Board's support
has allowed the Department to increase Weld County and Northern Colorado's immunization rates;
however, a higher rate of immunization remains a goal of the Department. He stated the Department
needs to continue increasing the awareness of vaccines, as well as directly providing the vaccines. He
stated one tool which has been used to document childhood immunizations is the voluntary State
immunization system, which allows providers to determine whether a child has received vaccinations at
any providers' offices which participate in this system, and it is helpful to avoid duplication of
vaccinations, in order to utilize these precious resources as efficiently as possible and identify children
who require updated vaccinations. Dr. Wallace stated most of the providers throughout the State have
agreed to participate in the system; however, the Department has agreed to become a field coordinator,
to further improve immunization rates by providing training, consultation, and technical assistance to
clinicians in Larimer and Weld Counties. He stated the Department has the capacity and the expertise
to meet the deliverables in the Statement of Work and it would like to assume the role, and he believes
the State has requested the Department to assume the role because it has recognized the
Department's success at gaining community engagement in improving the immunization rate by
collaborating with providers. He stated the term of the grant is July 1, 2011, through June 30, 2012,
and the funding will be in the amount of $25,000.00. Dr. Wallace stated the majority of the work will be
completed by existing staff, who are already reaching out to providers, to promote understanding of the
vaccination schedule and how to outreach to families. Commissioner Conway stated he learned at the
Immunization Coalition dinner that this and the previous immunization program have allowed Weld to
move from being the County with the least immunization success to being a County within the upper
half, and he moved to approve said Statement of Work and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PATRICK WADSWORTH:
Brenda Dones, Assessor's Office, stated this petition is concerning a residential property located in the
Town of Johnstown, and the petition is for Tax Years 2009 and 2010. She recommended denial of the
petition and that the Board support the value staff has determined is appropriate for the property, which
is $227,490.00. She stated the Assessor's Office is required to consider sales from January 1, 2007,
through June 30, 2008, when determining the property value for Tax Year 2009. Ms. Dones stated the
property owner provided information to support his request for the value to be adjusted, including that
they purchased the property in the year 2009 for $198,000.00, which is outside of the data collection
period; therefore, staff was unable to consider it. She stated the property owner also utilized a service
named ValueAppeal.com, and paid $99.00 to obtain a list of sales to determine what the property
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owners believe the value of their properties should be, and the property owner determined the value
should be $170,000.00; however, the sales were from all over Johnstown. In response to
Commissioner Garcia, Ms. Dones stated the taxpayer selected 15 sales from all over Johnstown, and
the service specifically states it is not an appraisal, and the reason why this is not an appraisal is
because there are no adjustments for characteristic differences in the sales. She stated it is unclear
how ValueAppeal.com determines the property values; however, it seems service generally selects
sales from the area and completes some type of averaging to determine its values. In response to
Commissioner Conway, Ms. Dones stated the sales the property owner selected on ValueAppeal.com
were from within the data collection period; however, the sales were from all over Johnstown; whereas,
the sales selected by the Assessor's Office were from the same subdivision where the property is
located. She stated Red Stone Hills is a very well-maintained subdivision and there was only one
foreclosure sale in this subdivision during the data collection period; however, the sales the taxpayer
selected on ValueAppeal.com were almost all foreclosures. There were no representatives for Patrick
Wadsworth present. Commissioner Garcia moved to deny said petition, based on staffs
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 20.5 BETWEEN CRS 1 AND 7: Janet Carter,
Department of Public Works, stated said closure commenced July 13, 2011, due to a collapsed culvert,
and it is anticipated the closure will end tomorrow, July 19, 2011. She stated message boards have
been utilized to advise the traveling public of the closure, and the detour route is entirely paved. She
stated the average daily traffic count for County Road 20.5 is 1,985 vehicles, according to a traffic count
taken in the year 2009; however, the documentation mistakenly states the traffic count occurred in the
year 2007. Commissioner Rademacher moved to approve said temporary closure. Commissioner
Conway seconded the motion, and he inquired as to the size of the sinkhole on County Road 20.5.
Ms. Carter stated the sinkhole is large; it is approximately the entire width of the road. There being no
further discussion, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MINIATURE HORSE ASSOCIATION: In response to Chair Kirkmeyer, Brad Yatabe, Assistant County
Attorney, indicated he has reviewed the agreement and finds it acceptable. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
MOUNTAIN SHADOW CARRIAGES: Mr. Yatabe stated he has reviewed this agreement and he does
not have any issues with it. Commissioner Garcia moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL CONTRACT FOR EMERGENCY MEDICAL TRAINING
SERVICES (EMTS) PROVIDER GRANT AND AUTHORIZE CHAIR TO SIGN: Dave Bressler, Director,
Paramedic Service, stated this contract is for a grant which will allow the Department to purchase and
replace the ambulance which was lost in a storm last year. He stated the grant will cover the complete
cost of the ambulance, which is approximately $140,000.00. In response to Commissioner Conway,
Mr. Bressler confirmed the loss of the ambulance was not the Department's fault; the ambulance was
parked at an accident scene on 1-76 during a snowstorm and a member of the public drove into it. In
response to Commissioner Conway, Ms. Connolly stated the matter has been turned over to the
insurance company and it is up to the insurance company to pursue collection from the driver's
insurance company. Commissioner Conway moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
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CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVING
DONATION OF SAME TO AIMS COMMUNITY COLLEGE FOUNDATION, AND AUTHORIZING
CHAIR TO SIGN: Ms. Connolly stated this matter was discussed with the Board at a work session
conducted on June 9, 2011, and the Board requested that staff confirm Aims Community College will
be able to use the ambulance as matching funds for a grant, which it has verified to be the case, and
the paperwork is in order. Chair Kirkmeyer thanked Ms. Connolly for following up on this matter.
Commissioner Garcia moved to approve declaring certain equipment as surplus property and the
donation of the same to the Aims Community College Foundation, and to authorize the Chair to sign all
necessary documents. Commissioner Conway stated the reason the County has decided to donate
this ambulance is because of the wonderful relationship the Paramedic Program has with the County.
He stated Aims Community College has been a valued partner, in terms of training for the Paramedic
Service, and this is a way the County can help Aims Community College to continue to provide
educational opportunities for its students. Mr. Bressler stated Aims Community College has indicated it
is very appreciative and will be contacting the Board regarding the formal presentation of the
ambulance. There being no further discussion, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE SALE
OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Ms. Connolly indicated the equipment
listed on Exhibit "A" is some of the County's heavy equipment, and it will be auctioned on Wednesday,
July 20, 2011. Commissioner Rademacher moved to approve declaring certain equipment as surplus
property and approve the sale of the same at an auction with Roller and Associates. Seconded by
Commissioner Garcia, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2011-7, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE: Commissioner Garcia moved to read Ordinance #2011-7 by title only.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Yatabe read the Ordinance
into the record by title, and he indicated there are no changes being proposed for the second reading.
Chair Kirkmeyer stated this Ordinance is correcting a typographical error regarding household
appliances in the work place, where the language has been changed to indicate a maximum allowance
of 1,500 watts, instead of 500. She gave the opportunity for public testimony; however, none was
provided. Commissioner Rademacher moved to approve Ordinance #2011-7 on second reading.
Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2011-8, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS,
OF THE WELD COUNTY CODE: Commissioner Conway moved to read Ordinance #2011-8 by title
only. Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Yatabe read the
Ordinance into the record by title, and he stated there are no changes being proposed for the second
reading. Chair Kirkmeyer gave the opportunity for public testimony; however, none was provided.
Commissioner Conway moved to approve Ordinance #2011-8 on second reading. Seconded by
Commissioner Garcia, the motion carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER RECORDED EXEMPTION #4972 - BRAD AND ROBIN GUTKNECHT (CON'T FROM
06/13/11): Kim Ogle, Department of Planning Services, stated on May 31, 2011, the applicants
requested a six (6) month extension in a letter, and the Board deemed it advisable to continue the
matter from June 13, 2011, to today. In response to Chair Kirkmeyer, Mr. Ogle stated the applicants
have not met the Conditions of Approval and there has not been a plat submitted. In response to
Commissioner Rademacher, Mr. Ogle stated this Recorded Exemption was approved in June, 2009.
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Brad Gutknecht, property owner, stated he owns a rental property located near the Town of Hudson, at
the Hudson Nursery site, and he initially applied for the Recorded Exemption to be able to house
employees at the location; however, he has downsized his staff due to the economy, and he currently
has a renter at the property who is employed by a tire store in Hudson. He stated he does not know
when the economy will improve, and the current economy is what has slowed him down in completing
the process, since there are expenses associated with the septic work which needs to be completed.
He stated he provided a copy of the survey to Mr. Ogle, and he has met with the Town of Hudson,
which supports the Recorded Exemption; therefore, he has met some of the 21 requirements.
Mr. Gutknecht stated he is operating his business mostly on his own now, with three (3) helpers, and he
is requesting a six (6) month extension because the winter season is a slower time for his business. In
response to Chair Kirkmeyer, Mr. Gutknecht stated January and February are the slowest months for
his business. In response to Chair Kirkmeyer, Mr. Ogle stated the most difficult Condition of Approval
remaining is regarding the septic system, and Mr. Gutknecht has a zoning violation. Further
responding to Chair Kirkmeyer, Mr. Ogle stated the issue regarding the septic system is that there is no
septic system in place, and he confirmed Mr. Gutknecht will need to obtain a permit for the septic
system. Mr. Gutknecht stated one of the houses on the property is old and he needs to submit
something showing where its septic system is located and the size of the septic system; however, he
has not been able to identify those items. He stated he hopes he does not need to install a septic
system. In response to Chair Kirkmeyer, Mr. Gutknecht confirmed he needs an engineer or someone
similar to inspect the site for the septic system. He indicated he had temporary classrooms at the site,
which were responsible for the initial violation; however, those have been removed. Commissioner
Conway stated that Mr. Gutknecht has shown due diligence and he has just been slowed down in his
progress by the economy, and he is willing to grant a continuance until February, 2012. Commissioner
Garcia concurred. Commissioner Conway moved to continue the matter until February 6, 2012, at
9:00 a.m. Commissioner Garcia seconded the motion. Commissioner Rademacher strongly
encouraged Mr. Gutknecht to complete the Conditions of Approval prior to February 6, 2012. Chair
Kirkmeyer concurred with Commissioner Rademacher; however, she stated the Board understands the
situation with the economy, and she appreciates that Mr. Gutknecht has corrected some of the issues,
such as removing the temporary classroom structures from the site. Commissioner Conway thanked
Mr. Gutknecht for attending the hearing today to explain the situation and demonstrate he is serious
about completing the Recorded Exemption. Mr. Gutknecht stated there was a hail storm in the year
2007, which resulted in the loss of all his stock, and this past spring was the first good crop he has had
since then. He stated his crop is growing well this summer; therefore, he should have another quality
crop this fall. There being no further discussion, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4240 - JERRY WITHERSPOON/JEREMY SPIVEY (CON'T
FROM 06/13/11): Mr. Ogle stated he received an e-mail this morning from Jeremy Spivey, current
property owner, requesting that the application for Recorded Exemption #4240 be withdrawn, and he
has forwarded the request to the Clerk to the Board's Office. No representatives for Jerry Witherspoon
or Jeremy Spivey were present. Commissioner Garcia moved to accept the request for withdrawal of
the application for Recorded Exemption #4240. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER RECORDED EXEMPTION #4825 - ROBERT AND LISA NOVACK (CON'T FROM
06/13/11) (TO BE REFERRED BACK TO STAFF): Chris Gathman, Department of Planning Services,
stated the plat has been submitted for recording and all the Conditions of Approval have been
addressed; therefore, he recommends referring the matter back to staff for processing. No
representatives of Robert or Lisa Novack were present. Commissioner Rademacher moved to refer
Recorded Exemption #4825 back to the Department of Planning Services staff for processing.
Seconded by Commissioner Conway, the motion carried unanimously.
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CONSIDER RECORDED EXEMPTION #5025 - DAVID BUROUGH/DAVID POPHAM (CON'T FROM
06/13/11): Mr. Gathman stated an email was submitted to staff requesting the withdrawal of the
application for Recorded Exemption #5025. No representatives of David Burough or David Popham
were present. Commissioner Conway moved to accept the request for withdrawal of the application for
Recorded Exemption #5025. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER RECORDED EXEMPTION #3902 - STEVEN AND PAMELA ROWEN (CON'T FROM
06/13/11) (TO BE REFERRED BACK TO STAFF): In response to Chair Kirkmeyer, Mr. Gathman
confirmed it is being requested that Recorded Exemption #3902 be referred back to staff for
processing. No representatives of Steven or Pamela Rowen were present. Commissioner Garcia
moved to refer Recorded Exemption #3902 back to the Department of Planning Services staff for
processing. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3967 - JACK SWAYZE (CON'T FROM 06/13/11) (TO BE
REFERRED BACK TO STAFF): In response to Chair Kirkmeyer, Mr. Gathman confirmed it is being
requested that Recorded Exemption #3967 be referred back to staff for processing. No representatives
of Jack Swayze were present. Commissioner Rademacher moved to refer Recorded Exemption #3967
back to the Department of Planning Services staff for processing. Seconded by Commissioner
Conway, the motion carried
CONSIDER RECORDED EXEMPTION #4747 - TAMIJO, LLC/JOHN AND LAURA UNDERHILL
(CON'T FROM 06/13/11) (TO BE REFERRED BACK TO STAFF): In response to Chair Kirkmeyer,
Mr. Gathman confirmed it is being requested that Recorded Exemption #4747 be referred back to staff
for processing. No representatives of Tamijo, LLC, or John or Laura Underhill were present.
Commissioner Garcia moved to refer Recorded Exemption #4747 back to the Department of Planning
Services staff for processing. Commissioner Conway seconded the motion, which carried
unanimously.
CONSIDER RECORDED EXEMPTION #4893 - SCOUT ISLAND FARMS, LLC: Mr. Gathman stated
the applicant has addressed all the Conditions of Approval, with the exception of Condition of Approval
C, which states, "The applicant shall submit to the Weld County Department of Planning Services
evidence that any existing septic system meets all requirements of the Weld County Department of
Public Health and Environment" He stated staff has been unable to locate a septic permit for the
septic system located at 24702 County Road 60.5, and there is a representative for Scout Island
Farms, LLC, present, who has been diligently working with the Department of Public Health and
Environment to provide evidence of an existing permit application. He stated the Department of Public
Health and Environment has indicated after the application is submitted, there will be approximately a
one (1) week turn-around time for staff to inspect the site; therefore, the matter could potentially be
resolved quickly, unless there is an issue with the septic tank needing to be upgraded or replaced.
Mr. Gathman recommended a 30-day continuance, since the applicant has been diligently working on
the matter. In response to Chair Kirkmeyer, Mr. Gathman indicated he is not opposed to the Board
referring the matter back to staff for processing instead of continuing it.
Mark Cross, representative for Scout Island Farms, LLC, stated there was a sale on the property in the
year 2008, and a company was hired to complete the Recorded Exemption process; however, due to
the economy souring, the sale fell through. He stated he thought the Recorded Exemption process had
been completed until approximately two (2) months ago, and when he discovered it was not completed,
he appeared before the Board, and two (2) of the three (3) outstanding items have subsequently been
completed. He stated the challenge regarding the septic system is that it was for a house which was
constructed in the 1930s or 1940s, and it was destroyed in a fire; however, the same septic system has
continued to be used after a new home was constructed in the year 2006. He stated the owner of the
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house perished in the fire; therefore, it has been difficult to locate the records for the septic system and
to identify its location. Commissioner Rademacher moved to refer Recorded Exemption #4893 back to
the Department of Planning Services staff for processing. Commissioner Conway seconded the
motion, and he thanked Mr. Cross for attending the hearing and explaining the circumstances. There
being no further discussion, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4903 - BOYD AND HELEN ARNOLD (CON'T FROM
06/13/11): Mr. Gathman stated the one outstanding Condition of Approval is addressing the conditions
of the Henrilynn Irrigation District, and he was contacted by Steven Jansen, an attorney for the
Henrilynn Irrigation District, who indicated he has been in communication with Boyd and Helen Arnold
and that they are interested in proceeding with the Recorded Exemption process. He stated that
Mr. Jansen indicated it will take approximately two (2) months for the Henrilynn Irrigation District to
provide the appropriate notification and for the matter to be considered before its board for formal
action. He recommended either a 60-day continuance or a referral back to staff, since the applicants
are close to completion of the Conditions of Approval for Recorded Exemption #4903. No
representatives of Boyd or Helen Arnold were present. Commissioner Conway moved to refer
Recorded Exemption #4893 back to the Department of Planning Services staff for processing.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4904 - BOYD AND HELEN ARNOLD (CON'T FROM
06/13/11): Mr. Gathman stated there are several pending Conditions of Approval for this Recorded
Exemption, including providing a recorded copy of an access agreement, and there are outstanding
Conditions of Approval for the Weld County Departments of Public Works, Public Health and
Environment, and Building Inspections; the Henrilynn Irrigation District; the Town of Keenesburg; and
the RE-3 School District. He stated he has heard an access agreement has been worked out;
however, he does not have formal evidence of it. He stated he spoke to the applicants' representative,
Liz Sauter, on Friday, and she indicated the Arnolds still intend to proceed with this Recorded
Exemption and have contacted a surveyor; however, he has not received any evidence that any of the
Conditions of Approval have been addressed. He stated he had hoped the Arnolds would be present at
the hearing today and since there has not been any progress on this Recorded Exemption, he
recommends denial. Responding to Commissioner Rademacher, Mr. Gathman confirmed Recorded
Exemptions #4903 and #4904 are for separate properties. In response to Chair Kirkmeyer, Mr.
Gathman clarified conditional approval of Recorded Exemption #4904 was provided by staff; however,
the Conditions of Approval have not been completed; therefore, the Recorded Exemption was not
completed. Further responding to Chair Kirkmeyer, Mr. Gathman stated he has spoken to the Arnolds
about this Recorded Exemption on multiple occasions and Helen Arnold attended the hearing
conducted on June 13, 2011. He stated the last time he spoke with Boyd Arnold, he directed him to
contact his representative, Ms. Sauter. Commissioner Conway suggested the Board continue the
matter for 30 days, since Ms. Boyd attended the last hearing, and in order to provide another chance
for the Arnolds to explain where they are at in the process and what challenges they are facing. He
stated the Arnolds have made substantial progress with Recorded Exemption #4903, and perhaps that
is where they have been directing all their attention. Mr. Gathman stated it sounds as though the
agreement with the Henrilynn Irrigation District will not be finalized until September, 2011; however, the
Arnolds could provide a progress report to the Board in August. Commissioner Conway moved to
continue Recorded Exemption #4904 to August 15, 2011, at 9:00 a.m. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #1843 - LARRY RUMERY (CON'T FROM 06/13/11):
Mr. Gathman stated he has spoken to Larry Rumery, who is the current property owner, and
Mr. Rumery indicated he has been in communication with the Henrilynn Irrigation District regarding the
access issue. He stated there are two (2) outstanding Conditions of Approval, which both concern an
adjoining property, and Mr. Rumery indicated he has not yet discussed the matters with the neighboring
Minutes, July 18, 2011 2011-1695
Page 9 BC0016
property owner, and there has not been a plat submitted. In response to Chair Kirkmeyer,
Mr. Gathman confirmed he has been in communication with Mr. Rumery and he has indicated he is
continuing to work on meeting the outstanding Conditions of Approval. In response to Commissioner
Rademacher, Commissioner Conway clarified Mr. Rumery was not the owner of the property when the
application for Recorded Exemption #1843 was initially submitted. Commissioner Rademacher
inquired as to how long Mr. Gathman believes it will take for the remaining Conditions of Approval to be
completed. Mr. Gathman stated it will require approximately 45 to 60 days for Mr. Rumery to have an
amendment to Subdivision Exemption #137 approved, including the referral process. Chair Kirkmeyer
suggested continuing the matter for 60 days, and if Mr. Rumery has not made progress at that time,
denying the Recorded Exemption. Commissioner Rademacher concurred, and he moved to continue
to Recorded Exemption #1843 until September 19, 2011, at 9:00 a.m. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4663 - ANTHONY YEAGER (CON'T FROM 06/13/11):
Mr. Gathman stated he received a phone call from Anthony Yeager, who is the current property owner,
and he is requesting the withdrawal of the application for Recorded Exemption #4663. No
representatives of Anthony Yeager were present. Commissioner Conway moved to accept the request
for the withdrawal of the application for Recorded Exemption #4663. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER SUBDIVISION EXEMPTION #1149 - JAMES AND SANDRA MILLER (CON'T FROM
06/13/11): Mr. Gathman stated he spoke to James Miller, property owner, on Friday, and he indicated
he has the mylar plat in hand; however, his wife has been ill and she is in the hospital and has not
signed the plat. He recommended the matter be referred back to staff, and he expects the plat to be
signed by Sandra Miller and submitted to staff by the end of the week. No representatives of James
and Sandra Miller were present. Commissioner Garcia moved to refer Subdivision Exemption #1149
back to the Department of Planning Services staff for processing. Seconded by Commissioner
Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2011-7 and #2011-8 were 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, July 18, 2011 2011-1695
Page 10 BC0016
There being no further business, this meeting was adjourned at 10:16 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST: l'
a«Kirkmeye , Chair
Weld County Clerk to the BoardFg
•
n ay, Pro-Tem
BY: rI /�� i i /
Deputy erk to the Board .' .. i���1/'
i iam F. G. is
EXCUSED
David E. Long,/, C.`Q/�C.`vr,C .1�
Douglas Rademac er
Minutes, July 18, 2011 2011-1695
Page 11 BC0016
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