HomeMy WebLinkAbout20112983.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 14, 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
Administration Building, Greeley, Colorado, November 14, 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of November 9, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinance #2011-11 by
tape. Commissioner Rademacher 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF BUILDINGS AND GROUNDS - PETE
AMBROSE: Chair Kirkmeyer read the certificate into the record, recognizing Pete Ambrose for
13 years of service with the Department of Buildings and Grounds.
Toby Taylor, Department of Buildings and Grounds, stated this is a bittersweet day, since Mr. Ambrose
will be very much missed at the Missile Site. He stated the boyscout troupes which participate in
various activities at the Missile Site have already been calling and wondering where Mr. Ambrose is at;
it will not be same without him. He stated he is glad he had the opportunity to get to know
Mr. Ambrose.
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Mr. Ambrose stated he has enjoyed his time working for the County; however, the hardest part of his
job was over the last three years after the tornado damaged the site. He stated a friend of his owns a
bakery and he is going to teach him how to make fancy cakes and pastries, since he enjoys baking. He
thanked the Department of Buildings and Grounds for being a dependable group, and he thanked all
his co-workers for attending the presentation.
Commissioner Rademacher thanked Mr. Ambrose for his service and wished him good luck in his next
endeavor. He stated he would love to join him in making cakes, since he also loves to bake.
Steve Moreno, Clerk and Recorder, stated it was a pleasure to get to know Mr. Ambrose, and his
leadership has given new life to the Missile Site. He stated he participated in the most recent tour of
the Missile Site and Mr. Ambrose has an enormous amount of knowledge about the facility. He
expressed his appreciation for Mr. Ambrose providing careful storage of the County records, and for
notifying him about records that required storage changes for long-term preservation. Mr. Moreno
wished Mr. Ambrose well.
Commissioner Garcia concurred with the previous comments made by Mr. Moreno. He stated
Mr. Ambrose has provided wonderful tours of the Missile Site and he will be missed. He stated
Mr. Ambrose will bring the passion he brought into this job into his future endeavors as well.
Commissioners Long and Conway thanked Mr. Ambrose for his service. Commissioner Conway stated
Mr. Ambrose went above and beyond what was required.
Chair Kirkmeyer concurred with the other Commissioners comments, and she stated Mr. Ambrose is an
exceptional person and he has done a great job for Weld County. She also recognized the Buildings
and Grounds staff in attendance for keeping the County up and running, and the other Commissioners
concurred.
BIDS:
PRESENT AND APPROVE EMERGENCY BID #B1100153, COMMERCIAL STEAMER -
DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and
Administration, stated this bid was originally scheduled for approval on November 28, 2011; however,
she is requesting emergency approval be provided today. She stated this bid is for the commercial
vegetable steam tray at the Jail, and Mr. Taylor was concerned about it breaking when he began the
bid process. She stated the commercial steamer is no longer functional; therefore, the Jail is unable to
provide healthy grains to the inmates. Ms. Mika recommended the low bid from Federal Supply USA
be approved. Commissioner Rademacher moved to approve the low bid from Federal Supply USA, in
the amount of $11,613.96, based on staff's recommendation. Commissioner Conway seconded the
motion, which carried unanimously.
NEW BUSINESS:
FIRST READING OF ORDINANCE #2011-11, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: In response
to Chair Kirkmeyer, Bruce Barker, County Attorney, confirmed the Ordinance has been read by tape.
Pat Persichino, Department of Public Works, stated this Ordinance added information about the chain
of command, and it provides an explanation of what services the Department provides, without the
superfluous information previously included in Chapter 8, such as the number of pieces of equipment.
Chair Kirkmeyer clarified the Ordinance provides revisions to the County's snow policies. In response
to Chair Kirkmeyer, Mr. Persichino confirmed nothing has changed since the work session with the
Board occurred. Chair Kirkmeyer provided the opportunity for public testimony; however, none was
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given. Commissioner Conway moved to approve Ordinance #2011-11 on first reading. Seconded by
Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER ACCEPTING REQUEST TO WITHDRAW APPLICATION FOR 4TH AMUSR
PERMIT#589 - ENCANA OIL AND GAS (USA), INC., AND RESCINDING RESOLUTION #2008-0495:
Chris Gathman, Department of Planning Services, stated the amendment was to address a land farm
facility which was on the site at that time; however, it has subsequently been removed. He stated the
applicant is requesting that the application for the Fourth Amended Use by Special Review (AmUSR)
Permit be withdrawn, and that the site revert back to operating under the last approved Permit, which is
Second AmUSR #589, not the Third AmUSR, as mistakenly indicated in the applicant's letter. In
response to Chair Kirkmeyer, Mr. Gathman clarified the numbering is strange; however, the most
recent recorded plat was for the Second AmUSR, which will support the structures and equipment
remaining on the site. There were no representatives of Encana Oil and Gas (USA), Inc., present.
Commissioner Long moved to accept the request to withdraw said application, and rescind
Resolution #2008-0495. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1725 - BRIAN AND
SUSAN WILLIAMS: Michelle Martin, Department of Planning Services, stated the property is located
east of, and adjacent to, County Road 17; and approximately one-quarter mile north of County Road
42. She stated that on July 14, 2010, the Board approved a Site Specific Development Plan and Use
by Special Review Permit#1725 for a Use Permitted as a Use by Right or Accessory Use in the
Commercial Zone District (landscaping business) in the A (Agricultural) Zone District. She stated the
applicant requested additional time to complete the Conditions of Approval on October 25, 2010, and
the Board granted 30 days. She stated staff has sent three (3) letters to the applicant, dated July 28,
September 20, and October 11, 2011, indicating there are still outstanding Conditions of Approval and
plat revisions.
Brian Williams, applicant, stated he appreciates Ms. Martin's comments and the extra time the Board
has previously granted. He stated a lot has changed in his family's lives over the last year, for
example, they were not living on the property previously; however, they have now downsized quite a bit
and moved onto the property in January. He stated he has closed the doors of Empire Landscaping,
and he is currently working for another landscaping company. Mr. Williams stated that due to the
changes in his family's lifestyle, only a small portion of the property is being occupied with commercial
trailers and trucks, and the rest of the property is being utilized for agricultural purposes. He stated his
family owns horses, cows, and chickens. He stated he has a trial set for December 5, 2011, which
could dramatically change his life; therefore, he requests that the Board delay making a determination
on this matter until after the trial. Mr. Williams stated he has invested a lot of planning and money into
this USR Permit, and the only item he needs to complete the Conditions of Approval is a letter from
Little Thompson Water District indicating it will provide enough water to sustain the trees he has planted
on the property, and he needs to submit the mylar plat with changes. He stated he will work with
Ms. Martin on the plat changes over the next couple of months; however, whether he requests the
withdrawal of this application or completes the Conditions of Approval will be based on the trial
outcome in December. In response to Commissioner Rademacher, Mr. Williams stated he is
requesting 90 days from the date of his trial. In response to Commissioner Conway, Ms. Martin stated
that in addition to the applicant obtaining the letter from Little Thompson Water District and making the
plat changes, staff needs to inspect the landscaping on the property to verify whether it is still alive.
Further responding to Commissioner Conway, Ms. Martin stated 90 days should be more than enough
time to complete the above mentioned items. In response to Commissioner Garcia, Mr. Williams stated
he has sold the equipment and depleted his inventory, since he did not see any reason to keep it in the
current economy. He stated he was going to plant a lot of trees on the property; however, that is no
longer in the plan, although he is going to leave the few he has already planted, and with some small
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changes, including planting a dry land pasture for his animals, the property will not look so
commercialized and will benefit the area. In response to Commissioner Garcia, Ms. Martin stated the
property will remain in violation of the Weld County Code for retaining commercial equipment, even
though most of the uses have transitioned to agricultural. In response to Commissioner Conway, Mr.
Williams stated not all of the equipment on the site is used for agricultural purposes. Commissioners
Rademacher and Conway indicated they are in favor of continuing the matter to March. In response to
Chair Kirkmeyer, Mr. Williams stated he or his wife will attend the meeting on March 5, 2012. In
response to Commissioner Garcia, Mr. Williams stated he will continue to work with Ms. Martin before
the trial. In response to Commissioner Rademacher, Mr. Barker stated this matter cannot be referred
back to the Department of Planning Services, since the Board granted the USR Permit, and it is up to it
to handle the matter. Commissioner Conway moved to continue the matter to March 5, 2012.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT#1704-SHELTON LAND
AND CATTLE, LTD., AND HEARTLAND RENEWABLE ENERGY, LLC: Mr. Gathman stated the
property is located north of, and adjacent to, County Road 40; and one-half mile east of County Road
47. He stated this USR Permit was originally approved by the Board on July 21, 2010, and late plat
notification letters were sent on August 4, September 26, and October 17, 2011. He stated he has not
received a response from the applicant; however, he has received a response from its authorized
agent. He stated all of the Conditions of Approval remain outstanding and no evidence has been
provided indicating any of the Conditions of Approval have been addressed; therefore, he is
comfortable with proceeding with setting a Final Determination Hearing.
Tim Naylor AGPROfessionals, LLC, representative for Shelton Land and Cattle, Ltd., and Heartland
Renewable Energy, LLC, requested a three-year extension to complete the Conditions of Approval. He
stated ground water monitoring is currently being completed on the site on a bi-monthly basis, and
there are new advances in digester technology; therefore, the applicant is researching potential
modifications for the project. He stated there are several pilot projects currently in progress, and if the
new technologies can be incorporated in the project, they will have to be approved by the State, which
is a six-month process. Mr. Naylor stated most of the Conditions of Approval are predicated on the
construction designs, which are still being developed. In response to Commissioner Rademacher,
Mr. Naylor confirmed construction has not commenced. Commissioner Rademacher stated it is
unusual to request a three-year extension, and he inquired as to why such a long period of time is
being requested. Mr. Naylor stated the construction designs may take up to six (6) months to complete,
and another six (6) months may be necessary for the State solid waste approval process. In response
to Commissioner Conway, Mr. Naylor stated it was decided to request three (3) years as a starting
point. He stated AGPROfessionals, LLC, completed a lot of work selecting this property and it
determined this is the best piece of property for this use in this region, based on the nearby commercial
routes and the onsite gas pipeline valve. He stated if this USR Permit remains available, other
operators could follow through with completing the Conditions of Approval if Shelton Land and
Cattle, Ltd., and Heartland Renewable Energy, LLC, are not able to. Commissioner Conway stated
three (3) years seems to be a stretch; however, he finds a one-year extension justifiable, and it should
be enough time for AGPROfessionals, LLC, to know whether the current operator will be moving
forward with the project or the property needs to be marketed. Chair Kirkmeyer and Commissioners
Rademacher and Garcia concurred with Commissioner Conway. Commissioner Rademacher moved
to continue to the matter to November 14, 2012. Commissioner Conway seconded the motion, which
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance#2011-11 was approved on first reading.
Minutes, November 14, 2011 2011-2983
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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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:', 02„ — 4-'14:4";161-L4_ i:j S��.%'bi'4f,22
Barbara Kirkmeyer7, Chair I
Weld County Clerk to the Board 9
n Sean P. orway, Pro-Tem
BY: k� ' � i
Deputy C k to the Board U i 4
Wil _ F. Garcia
a David E. Long
ism f-•1 ))+11 , i
tr a Doug as Rade acher
Minutes, November 14, 2011 2011-2983
Page 5 BC0016
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