HomeMy WebLinkAbout20112986 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 19, 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, September 19, 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 — EXCUSED AFTER 11:20 A.M.
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 14, 2011, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinance #2011-10 by
tape. Commissioner Garcia seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on September 13, 2011, as follows: 1) Violation Hearings. Commissioner Conway
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to remove item #8 from the Consent
Agenda and consider the matter under New Business as item #8) Consider Change Order #3 to
Agreement for Remodeling of Weld County Administration Building (Bid #61000117) - Growling Bear
Company, Inc. [2010-1599]. The motion was seconded by Commissioner Rademacher and it carried
unanimously.
PUBLIC INPUT: Sherry Casper, Director of Weld Advocacy Network on Disabilities (WAND),
requested the Board reconsider the proposal for the City of Greeley to take over the County
Transportation Program. She stated there was previous discussion regarding the idea of contracting
with LogistiCare again; however, that organization generates a lot of complaints. She further stated it
has been expressed, after numerous discussions with various City of Greeley representatives, that if
the County is not willing to reconsider the use of City transportation, the City may not be as willing to
put forth the extra effort. Ms. Casper requested the Board consider the possibility of operating the
Minutes, September 19, 2011 2011-2986
��,\Lk Page 1 BC0016
Transportation Program through the City of Greeley and spending the funds locally before bringing in
an outside company with poor references.
Steve Teets, Greeley resident, stated he contacted the Director of the Colorado Disability Coalition who
indicated they have received both good and bad reports concerning LogisiCare. He suggested
assistance from the MPO or a Regional Transportation Authority may also be helpful.
Commissioner Long stated he is willing to look at the overall system and work within the State
specifications to provide a quality system. He stated he will coordinate with Toby Taylor, Department of
Buildings and Grounds/Transportation, to get a current status on the matter with the City of Greeley.
Ms. Casper stated she realizes the final decision may boil down to money; however, ridership has
increased and City representatives have indicated the City could handle what the County was doing.
Commissioner Conway stated the County previously worked very hard through the MPO to try and
expand the U.S. Highway 34/U.S. Highway 85 Express; however, they ran into some issues regarding
the fact that the County spans three different transportation districts (North Front Range MPO, Upper
Front Range, and the Tri-Town area within DRCOG), which is a very challenging environment. He
reiterated the Board is always open to listening to new ideas and he expressed appreciation for the
input.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda, as
amended. Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #61100131, WIDE/LARGE FORMAT COPIER - DEPARTMENT OF PLANNING
SERVICES: Monica Mika, Director, Department of Finance and Administration, presented the four bids
received and stated this matter will be reviewed and brought back before the Board with a
recommendation on October 3, 2011.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 24 AND 25, 2011 - HUGO BARRON SIERRA: Brad Yatabe, Assistant County Attorney,
reviewed the referral responses and indicated the applicant is being required to increase the number of
portable toilets and hand washing stations, and the applicant is amenable to complying. He stated they
are also working to get a Traffic Control Plan in place. Ismael Aldana stated he is helping Hugo Barron
Sierra, applicant, through the application process, and they were both present to answer questions.
Mr. Aldana stated they contacted Super Bowl Company to add three portable toilets and two hand
washing stations. He also indicated they will be meeting with Northern Colorado Traffic after this
meeting and they are recommending flaggers and posting signs for traffic control. In response to Chair
Kirkmeyer, Mr. Aldana confirmed the only activity will be quarter horse racing. He further stated the
local Fire Chief indicated no meeting was necessary, and he has a contract with the Weld County
Paramedic Service for the event. Responding further to Chair Kirkmeyer, Mr. Aldana reviewed the site
map and indicated the location of the designated parking on the northern part of the property, as well as
space west of the track, which is available if needed. He confirmed County Road 25 is paved and they
will have adequate parking for vehicles and horse trailers east of the track, away from the spectators.
Roy Rudisill, Director, Office of Emergency Management, stated he spoke with the Fort Lupton Fire
Chief and the Weld County Paramedic Service, and neither expressed concern with the proposal. He
noted the contracted security firm has provided coverage for similar events throughout the summer and
Minutes, September 19, 2011 2011-2986
Page 2 BC0016
it is aware of the County's requirements. He stated an Incident Action Plan does not seem necessary;
however, he will be communicating with the various emergency agencies. Responding to
Commissioner Conway, Mr. Rudisill stated there have been no reported complaints with any of the
previous similar events in the area, and he has been following up with the Sheriff's Office and Code
Enforcement to ensure the sites are cleaned up. Mr. Aldana stated they plan to have large 55-gallon
drums for trash, which will be emptied throughout the event in a large, roll-away dumpster which will be
covered if it is windy, to prevent trash from blowing.
In response to Chair Kirkmeyer, Janet Carter, Department of Public Works, stated the application
indicates a maximum of 1,500 people will attend the event and she estimates the number of vehicles
based on two-thirds of that number. She stated the site will allow parking for 1,000 vehicles, the
applicant will be meeting with Northern Colorado Traffic Control following today's meeting, and staff will
review the plan for standards of compliance with the MUTCD (Manual on Uniform Traffic Control
Devices). Ms. Carter confirmed the access road is paved; however, she does have some concern with
traffic traveling south and heading to U.S. Highway 85, which she will be looking at during her review.
Chair Kirkmeyer requested the Resolution be modified to ensure compliance with the State of Colorado
and the Weld County Code. Mr. Barker clarified a Temporary Assembly Permit is unique to Weld
County and the Resolution will be revised accordingly. Commissioner Rademacher moved to approve
said Temporary Assembly, with the amended language, as proposed by Chair Kirkmeyer.
Commissioner Garcia seconded the motion. In response to Commissioner Conway, the applicant
indicated agreement with the changes. There being no further discussion, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 15 BETWEEN CRS 72 AND 74: Ms. Carter requested
approval to temporarily close County Road 15, between County Roads 72 and 74, commencing
September 19, through September 23, 2011, to replace a sunken portion of the roadway. She stated
the detour will utilize an old portion of County Road 15, and area residents/businesses have been
notified of the closure. Ms. Carter stated the average daily traffic count for County Road 15, taken in
the year 2009, was 2,349 vehicles; magnesium chloride will be used for dust control; and message
boards will be placed in advance of the closure. Commissioner Conway moved to approve said
temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CR 84 AND SH 14: Ms. Carter requested
approval for the temporary closure of County Road 27, between County Road 84 and State
Highway 14, from October 3, to October 6, 2011, for the repair of a 15-inch irrigation culvert. She
stated the average daily traffic count on County Road 27, taken in the year 2008, was 19 vehicles; the
work crew will be using water for dust control; and standard road signs and barricades will be placed for
traffic control. Commissioner Garcia moved to approve said temporary closure. Commissioner
Conway seconded the motion, and it carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVING
SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barb Connolly, Controller,
presented a list of equipment to be sold at the auction to be held at the Budweiser Event Center on
October 1, 2011. Commissioner Rademacher moved to declare said equipment as surplus and
approve the sale of same at auction. Commissioner Garcia seconded the motion. In response to
Commissioner Conway, Ms. Connolly confirmed the DAV (Disabled American Veterans) indicated the
cost of insurance did not warrant the County pulling certain equipment from the auction for their use.
There being no further discussion, the motion carried unanimously.
Minutes, September 19, 2011 2011-2986
Page 3 BC0016
CONSIDER ADDENDUM #16 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN
- COLORADO TECHNICAL SERVICES, INC. (CTSI): Ms. Mika stated this addendum includes a cost
of living increase for next year, which is appropriate based on an annual cost of living calculation. In
response to Commissioner Conway, Ms. Mika confirmed this addendum is based on a twelve-month
period, versus a six-month period, which would have been to the County's advantage at 1.87 percent.
Chair Kirkmeyer commented CTSI consists of counties and they should be working on cutting
expenditures, instead of anticipating an increase. Responding to Commissioner Garcia, Ms. Mika
stated this is for a cost of living adjustment for the entire staff. Commissioner Garcia commented the
2012 Social Security cost of living adjustment is 1.7 percent. Commissioner Long moved to approve
said addendum and authorize the Chair to sign. Commissioner Rademacher seconded the motion.
Commissioner Garcia stated he will support the motion; however, he believes the cost of living
adjustment is out of line. Commissioner Conway concurred and stated there needs to be some
discussion to encourage reductions and better fiscal management. Responding to Chair Kirkmeyer,
Ms. Mika stated this addendum is for next year's budget and she suggested the matter be discussed at
the upcoming CCI conference. Chair Kirkmeyer stated the budget was not made available to the
County Commissioners in a timely manner, and although she will be voting for the addendum at this
time, it does not mean the budget cannot be adjusted and she would like to send a letter expressing the
Board's concerns. Commissioner Conway concurred, stating he attended the breakfast in July and this
adjustment was not discussed. Chair Kirkmeyer stated it would have been good to have a budget to
review prior to assuming the Board would agree to a contract amendment. There being no further
discussion, the motion carried unanimously.
CONSIDER TRANSFER AND ASSIGNMENT OF FRANCHISE AGREEMENT FROM US CABLE OF
COASTAL-TEXAS, L.P., TO BAJA BROADBAND, LLC: Mr. Barker stated this agreement is for the
transfer of the Franchise from US Cable Coastal-Texas, L.P., to Baja Broadband to serve the
Johnstown/Milliken area. He confirmed this comes up for renewal in December of next year and he will
work with the new company, in conjunction with the City of Greeley, to begin the process, using a
format similar to the Comcast Agreement. Commissioner Conway moved to approve said Transfer and
Assignment Agreement. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2012: Ms. Mika
stated the proposed holiday schedule has been reviewed and modified at the direction of the Board.
Commissioner Long moved to approve said list of legal holidays. Commissioner Conway seconded the
motion, and commended Ms. Gesick for her assistance in the review. There being no further
discussion, the motion carried unanimously.
CONSIDER CHANGE ORDER #3 TO AGREEMENT FOR REMODELING OF WELD COUNTY
ADMINISTRATION BUILDING (BID #61000117) - GROWLING BEAR COMPANY, INC.: Ms. Mika
stated this Change Order is to add two additional offices and an open area in the Administration
Building. Commissioner Rademacher moved to approve said Change Order. Seconded by
Commissioner Long, the motion carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER RECORDED EXEMPTION #1843 - LARRY RUMERY (CON'T FROM 07/18/11): Chris
Gathman, Department of Planning Services, stated this matter has been heard by the Board on two
prior occasions and was continued to this date to allow the applicant additional time to complete the
remaining Conditions of Approval and record the mylar plat. He stated a letter was sent to the applicant
to advise him of the continuance; however, staff has received no response or indication of intent to
complete the plat, and he recommended denial of the application. In response to Commissioner
Conway, Mr. Gathman stated his last conversation with the applicant was in July, at which time
Mr. Rumery stated he had participated in some conversation with the ditch company, but was very busy
with his landscaping business. Mr. Gathman explained if the case is denied, the applicant does have
Minutes, September 19, 2011 2011-2986
Page 4 BC0016
the option of going through the Substantial Change process to reapply. He also confirmed the
applicant has not attended any of the hearings. Chair Kirkmeyer indicated Staff approved the
application in February, 1996, and Mr. Gathman confirmed it is the oldest outstanding application on
file. Chair Garcia moved to deny the application of Larry Rumery for Recorded Exemption #1843.
Commissioner Rademacher seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE #2011-10, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE (CON'T FROM 8/22/11): David Bauer, Department of Public Works, stated the proposed
amendment is to formally adopt the written version of the process which is currently in place and
utilized by staff. No public testimony was offered concerning this matter. Commissioner Conway
moved to approve Code Ordinance #2011-10 on First reading. Commissioner Long seconded the
motion, which carried unanimously.
NEW PLANNING BUSINESS:
FINAL READING OF CODE ORDINANCE #2011-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD
COUNTY CODE: Commissioner Rademacher moved to read Code Ordinance #2011-6 by title only.
Commissioner Garcia seconded the motion, which carried unanimously. Mr. Barker read said title for
the record.
Frank Piacentino, Department of Building Inspection, proposed a minor change to
Section 29-3-20.B.13.a to state, "A certificate of compliance for agricultural exempt buildings is required
to be completed, signed, and filed with the Department of Planning Services so as to indicate the owner
will construct the structures in accordance with all adopted building codes, and to verify setbacks and
establish any applicable flood hazard requirements." (Clerk's Note: Italics indicate additional
language.)
Tom Parko, Department of Planning Services, stated this revision is follow-up to direction provided by
the Board in a previous work session. No public testimony was offered concerning this matter.
Commissioner Rademacher moved to approve Code Ordinance #2011-6 on Final reading.
Commissioner Garcia seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2011-9, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read Code Ordinance #2011-9 by title only. Commissioner
Garcia seconded the motion, which carried unanimously. Mr. Barker read said title for the record.
Mr. Parko stated the Ordinance reflects revisions to address the use of Cargo containers. He explained
some individuals and businesses have been showing interests in using cargo containers that have
been retrofitted for housing, office space, storage, scale houses, etcetera. In response to Mr. Barker,
Mr. Parko confirmed the changes were reviewed by the Planning Commission and recommended for
approval.
Duane Flack, Greeley area resident, stated his property is platted for housing development; however,
there is a long standing dairy farm in the vicinity and he expressed concern with the redefinition of
zoning to increase the number of allowed animal units and the lack of legal notice to area residents
regarding consideration of this matter. He stated in recent history the City of Greeley has suffered
major environmental problems with animal feedlots, primarily the Monfort facilities, and they pursued
expensive efforts to improve the impacts of stormwater runoff, dust, and odor, all with questionable
effects. Mr. Flack stated the City also purchased some of the properties and the lots were closed and
relocated, which was timely and expensive. He stated it would be to the detriment of area communities
for the Board of Commissioners to approve increasing the number of livestock, and he also requested
Minutes, September 19, 2011 2011-2986
Page 5 BC0016
the Board initiate, post, advertise and schedule public review before final acceptance of this Ordinance.
In response to Commissioner Rademacher, Mr. Flack stated he is not opposed to A-1 zoning; however,
he is opposed to the expansion of existing dairies in close proximity to municipalities.
Responding to Commissioner Rademacher, Troy Swain, Department of Public Health and
Environment, stated the dairies referred to by Mr. Flack are under the State level for CAFO (Confined
Animal Feeding Operation) Regulations, which is 700 dry or milking cows; however, they are subject to
Best Management Practices (BMP's) for storage capacity in the lined lagoons. He explained the
County numbers differ from the State because the County counts the younger smaller animals,
whereas CAFO only counts the mature animals. He stated a facility will reach the County threshold for
a USR before they trip the CAFO requirements, which addresses lagoon sizing and runoff. Responding
to Chair Kirkmeyer, Mr. Flack stated the Mossberg and Weideman dairies have been in operation for
several generations. Mr. Swain stated the Mossberg facility is supposed to be under the 700 limit for
the State, and under 640 animals for the County based on a contiguous 160-acre parcel.
(Clerk's Note: From this point forward, the minutes are typed by Elizabeth Strong, Deputy Clerk to the
Board, based on the notes provided by the Acting Clerk to the Board, Esther Gesick, who attended the
meeting in its entirety, and the digital recording of the meeting.)
Chair Kirkmeyer stated the County provided the appropriate public notice, in accordance with State
statute, and although she did not personally speak with the Mayors of Evans or Milliken, she discussed
the issue twice on KFKA radio. She stated the matter was also discussed at several "Economic Bottom
Up" meetings conducted within Weld County, most memorably, at one which occurred in the Town of
Keenesburg, which she attended along with Commissioners Conway and Long. She stated a work
group met over the course of two (2) to three (3) months to discuss the possibilities regarding this
matter.
Chair Kirkmeyer stated she understands Mr. Flack's comments and concerns; however, she has a
different perspective since she grew up on a dairy farm and owned one for approximately 15 years.
She stated she respects that Mr. Flack has a proposed subdivision development pending; however, it is
also important to support existing dairy operations, which have had a presence in the area for a very
long time. She stated when a dairy expands to include over a certain number of animal units, it will be
subject to a great deal of additional regulations. Chair Kirkmeyer stated there will be considerations
when there is an increase in the number of animal units, since the facility must show compatibility with
surrounding land uses, both present and future, when it completes the Change of Zone (COZ) process.
She further stated appropriate setbacks will be required for the larger dairies. Mr. Flack clarified his
property is not planned; it is platted.
Responding to Commissioner Conway, Mr. Swain confirmed the Mossberg Dairy currently has
640 animal units, which is the current County limit, and with the proposed Code change, it could have
up to 960 animal units. Further responding to Commissioner Conway, Mr. Swain confirmed if the
Mossberg Dairy obtains more than 700 animal units, it will then be subject to the CAFO regulations,
and if it plans to exceed 700, it must register with the State and it will be subject to an inspection
schedule. He stated there are new requirements, as of the end of May, where a Facility Management
Plan became necessary, which is similar to a Discharge Permit. He stated there have been a lot of
changes in regulations and their implementation over the years. He reiterated the Mossberg Dairy
could increase up to 940 animal units under the proposed change; however, it would be subject to the
State processes after reaching 700 animal units. Mr. Swain stated the County's number is more
restrictive than the CAFO definition. He indicated dry cows and calves may be sent to other locations,
in order to remain under a particular number of animal units, or dry cows and calves may be returned to
a facility, due to more lenient restrictions on the number of animal units, depending on how a facility is
managed. In response to Commissioner Conway, Mr. Swain stated there is no public process in place
Minutes, September 19, 2011 2011-2986
Page 6 BC0016
for when a facility increases its number of animal units to exceed 700, and typically the increase is
discovered by the Department of Public Health and Environment, when responding to citizen
complaints. He stated the Department typically completes discharges and submits evidence to the
State, and sometimes staff files complaint orders for matters involving the EPA (Environmental
Protection Agency). He stated quarterly meetings are conducted with other counties and the State
Agriculture Program to discuss the status of ongoing cases. He stated the cases need to be tracked
better; however, the Department needs to be cognizant of its time and resources. In response to
Commissioner Conway, Mr. Swain indicated there is a provision for animal feeding operations in the
Weld County Code, which refers to BMPs. He stated the County typically serves as the first responder
to problematic sites and then submits its report to the State, and the State initiates the enforcement
measures, which may include imposing civil penalties.
Gary Booton, County resident, stated it is his understanding that Weld County will be adding
approximately 60,000 head of cattle, in order to meet the need of the local Leprino cheese factory. He
stated impacts of this will be that the costs of hay and corn will increase, since they are finite resources.
He stated the construction of the ethanol plant has doubled the cost of grain and chicken feed;
therefore, the increased number of cattle will significantly impact livestock owners and poultry
operations in Weld County. He stated he is unsure as to exactly how much water cattle consume;
however, horses consume approximately 50 gallons per day, and based on that number, the additional
cattle will consume approximately three (3) million gallons of water per day, and he inquired as to
where the water will be obtained. Mr. Booton stated the head limits on the larger parcels will more than
double, which will create a significant impact; however, the CAFO regulations may address most of his
concerns about that. He inquired as to whether the various parcels owned by the dairy would be
considered individually or in total to determine the animal unit numbers.
Mr. Parko stated the Code indicates the animal unit restrictions are based on each parcel, and if there
are contiguous parcels owned by the same individual, the numbers will be based on the total acreage.
In response to Chair Kirkmeyer, Mr. Booton stated two (2) sections across from his property just sold,
and the previous owner had a small dairy operation as a Use by Right (UBR). Chair Kirkmeyer stated
A-1 Zoning is not automatic; it requires a COZ application to be submitted. She stated if a property
meets the number of animal units allowed by Code, it is a UBR and does not require a permit; however,
if the property owner wants to have more animal units, they may complete a Use by Special Review
(USR) process, which requires review by the Planning Commission and Board of County
Commissioners, and USRs have conditions to mitigate any anticipated potential negative impacts. She
stated the property owner may also apply for a COZ to A-1, which is similar to the USR Permit process.
In response to Mr. Booton, Chair Kirkmeyer stated if a person wanted to contain cattle on their property,
they would not necessarily have to be in the A-1 Zone, if it was a UBR; however, if they exceed 700
animal units, they will be subject to CAFO requirements. She stated Mr. Booton previously inquired as
to where the water will be provided from, which will need to be addressed by the dairy operators in their
permit processes, as with any new development. Mr. Booton stated he is unsure whether such a
drastic expansion of animal units is necessary in northern Colorado, especially since there are limited
water resources, and he inquired as to what the driving force is to allow the increase.
Chair Kirkmeyer stated one of the motivating factors for her is that the Board always strives to
encourage agriculture, its economic development, and its expansion in Weld County, in accordance
with the Goals and Policies in the Comprehensive Plan. She stated Weld County was built on
agriculture, and agriculture is an important economic driver in Weld County. She stated the agriculture
assessment went up by 17 percent this year for Weld County. Chair Kirkmeyer indicated another
motivating factor is the anticipated arrival of the Leprino plant in the next one (1) to three (3) years,
which will require additional animals in Weld County. She stated the County has permitted a lot of dairy
farms for expansion over the last 15 years, and most of them have not fully expanded yet; therefore,
there is a potential for approximately 15,000 to 20,000 additional animal units without any additional
Minutes, September 19, 2011 2011-2986
Page 7 BC0016
processes. Chair Kirkmeyer stated it is similar to when residential subdivisions are permitted and the
lots are platted, yet they are not constructed for a long time. She stated at the beginning of the year
Governor Hickenlooper conducted meetings throughout the State and challenged all counties to create
an Economic Development Plan. She stated the Board took the challenge very seriously and the
Commissioners conducted seven (7) public regional economic development meetings throughout the
County, which were highly attended and a lot of comments were received, and at meetings she
attended, agriculture was discussed as being an area which needs to be concentrated on. Chair
Kirkmeyer stated at the meeting held in the Town of Keenesburg, dairy operators were present and
they inquired as to how the Commissioners were going to address expansion and profitability of dairy
operations, and the Ordinance will promote the retention and expansion of those businesses.
Commissioner Conway stated this issue was brought to the Board by the citizens, and he stated the
Department of Planning Services webpage contains the comments from the Economic Development
meetings that the Board facilitated. He stated a working group was created to address the impact of
Leprino and promote agriculture in Weld County. He stated all of the comments from the Economic
Development meetings in Weld County were taken and combined into a Regional Economic
Development Plan with Larimer County. Commissioner Conway stated two (2) public meetings were
conducted with the Weld and Larimer County Commissioners, where every aspect of the Economic
Development Plan was discussed, and this became an integral piece of the plan. He stated he feels all
these proposed changes to the Weld County Code will be covered by the CAFO regulations and the
other regulations in place, in terms of mitigation issues. He stated some of the Commissioners have
attended hundreds of hours of meetings on this subject, between the Economic Development meetings
and the Dairy Round Table meetings. He stated the Greeley Tribune printed a front page article on this
matter after the first reading of the Ordinance and the Board encouraged people to attend future
meetings if there were questions and concerns, and the Denver Post Business Section also printed an
article on the matter. Commissioner Conway stated this has been a transparent process and the Board
has strived to address concerns, and the purpose of having a three (3) reading process for Ordinances
is to allow for citizen input and the Board can then make adjustments, based on testimony, if it chooses.
Commissioner Long stated when the public brought this to the Board's attention, it had to acknowledge
that the technology and practices have changed for the dairy industry, allowing for the production of
more feed, better conservation of feed, and better stewardship of the land. He stated the Board wants
to accommodate the changing trends, in order to substantiate and promote the industry, and the land
can handle the proposed increase, due to the new practices and trends.
Commissioner Conway stated the Board has been very proactive on capturing the unallocated water
through the Northern Integrated Supply Project (NISP), and one of the reasons the Board has been so
involved with NISP is because the Galeton Reservoir, which is owned by the Rural Ditch Company, will
be totally dedicated to agricultural use. In response to Mr. Booton, Commissioner Conway clarified that
whether the NISP reservoir will move forward is currently being considered before the Corps of
Engineers, and he is hoping next year it will issue a permit. He stated the matter will then have to be
considered by the Environmental Protection Agency (EPA), which may take a significant amount of
time. He stated all the Commissioners have actively promoted NISP and attended/hosted various
meetings promoting solution, and the Board has been communicating the project's importance to the
Congressional delegation, Governor, and other elected officials. Commissioner Conway stated the
article in yesterday's Greeley Tribune addressed the issue where municipalities are purchasing the
agricultural land for the water rights and drying up the farmland. He further stated he and
Commissioner Rademacher sit on the South Platte Round Table, and its report demonstrates not only
one (1) NISP is needed; two (2) will be needed by the year 2015, in order to address the area's water
needs.
Minutes, September 19, 2011 2011-2986
Page 8 BC0016
Commissioner Rademacher stated the price of grain is driven by a global economy; Weld County does
not determine it. He stated that as a grain producer he appreciates the increase; however, as a
cattleman, he understands the impact of the increased cost.
Ron Witke, Johnstown Resident, stated he grew up on dairy farms; however, as a microbiologist he is
concerned with the environmental issues that will be increased with the proposed increase in the
number of animals allowed. He stated he recently moved here from Wyoming, and his realtor told him
there were not any odor problems and the water quality was good; however, after purchasing his
property, he has experienced the odor and had an area restaurant tell him that they could not serve the
water there. He stated animals can cause disease in food products, such as the Listeria outbreak
caused by contaminated cantaloupe from the Western Slope. He stated the impact would have been
disastrous to the industry in the area if it had been linked to it sooner; however, since it was not
connected until later on, the farmers were able to sell a lot of their product, and it may continue to affect
the sales next summer. Mr. Witke stated in the State of Kansas dairy cattle are being more strictly
regulated by the EPA. He stated he has family that own a feedlot with 200 cattle, and they were
required to provide waste retention on the property, including addressing seepage from silage, in order
to prevent disease. He stated Escherichia coli (E. coli) can result in serious illness, chronic health
issues, neurological issues, and death. Mr. Witke stated he recently returned home on a Sunday
afternoon and was confronted by a very strong odor when he opened the door to his vehicle. He stated
he noticed all of the neighborhood windows were closed and everyone was indoors; therefore, the odor
is affecting his community, and the odor problem will worsen with additional animals. He stated he was
driving around the County and took some photographs of the skyline near a feedlot, where the skyline
looked like the Denver skyline when its smog was heavy and there was a brown cloud, and there was
not any wind on the day he took the photographs, yet the dust almost completely blocked the view of
the mountains. Mr. Witke summarized his concern with increased disease and he referenced research
from his background in Iowa. He expressed concern about contamination in developments and
recreational areas, and he stated without factual basis, it is not wise to increase the number of animal
units. He stated the distances specified in the Ordinance between the dairy operations and the nearest
residences are not realistic; it will decrease property values, and the operations need to consider their
neighbors. Mr. Witke stated he is primarily concerned with pathogens and environmental issues, and
the Ordinance, as proposed, will affect a lot of people in the County. He stated the consequences are
not limited to the property; these types of uses seep into the ground, affecting the nitrate levels and
water table, and produce dust and pathogens in the air, which can pose health issues for people for
miles around. In response to Commissioner Conway, Mr. Witke stated the technology has improved;
however, it depends upon the operator's management and their willingness to incur the expense.
Zack Allely, Greeley resident, stated he supports the intent of the Ordinance, the proposed changes,
and economic development. He stated he grew up on a farm next to two (2) dairies and he requested
that the Board support the Department of Public Health and Environment to address those instances
where a dairy operator does not remain in compliance with the Weld County Code.
Kenneth Klaus, Weld County resident, stated there was a dairy plan presented to the Board and this
particular dairy is not following through with what was proposed to the Board. He stated this particular
dairy has less than 800 animals, and it does not have adequate roads or a detention pond. He inquired
about who is responsible for the oversight for the dairy operations. He stated an increase of
60,000 animal units will affect people in the community; however, he is in favor of the proposed
Ordinance. Mr. Klaus stated he simply wants to make sure there will be adequate oversight and
enforcement. Commissioner Long stated there have been a number of instances of enforcement on
complaints brought to the Board's attention by the public concerning dairies and feedlots. He stated the
Department of Public Health and Environment inspected the facilities for air or drainage issues and
provided its recommendations to the Board, and either improvements were made to the facilities or
Minutes, September 19, 2011 2011-2986
Page 9 BC0016
enforcement measures were taken, and the Board strives to address these compliance matters in a
timely manner. Chair Kirkmeyer stated there is a process in place to address compliance issues, and it
is the Board's responsibility to enforce compliance with the Weld County Code and the County's
permits, and enforcement is carried out by County staff.
Tim Naylor, AGPROfessionals, LLC, stated with four (4) animal units per acre, a person could have
320 animals on 80 acres, and at 300 animals, the regulations apply for capturing processed water in a
lined pond. He stated the CAFO permitting requires any facility with over 700 animal units to submit an
engineered plan showing the facility's capacity for storm water, and the Weld County Code has taken
these requirements into account. He stated the USR Permits he has assisted with processing have
ranged from 15 to 50 animal units per acre, and the same development standards and CAFO
regulations apply; therefore, 10 animal units per acre is not a huge number, when you consider a
regular USR Permit for a confined animal operation.
Commissioner Rademacher stated discussion on this Ordinance began early in 2011, and a working
group was created which included appoximately 80 to 90 percent of the dairy operators in Weld County.
He stated the Board knew there would be impacts; however, he supports the Ordinance, and the
Leprino Plant will require more milk than Weld County currently can provide.
Chair Garcia stated he supports the previous statements made by the other Commissioners and the
proposed Ordinance. He thanked the Colorado State University (CSU) Extension Office for studying
the potential impacts of the proposed Ordinance, including animal health and rangeland issues.
Commissioner Long stated extensive input was received from the dairy industry regarding this
Ordinance and he thanked everyone for the comments provided today. He stated the Board has
reviewed the different issues and angles and it has strived to prevent any unintended consequences,
and when negative reports are received, the County will work with the facilities to correct the issues.
Commissioner Conway thanked those in attendance today and he apologized for the notification
regarding the first and second readings not reaching everyone, although the Board made numerous
efforts to publicize the Ordinance and did everything it could to obtain public input. He stated he heard
a lot of support of agriculture today and if there are problems, the Board intends to support staff and
work expeditiously to mitigate and improve the situation. He stated he is comfortable with the proposed
numbers, based on the State regulations and governance, and he encouraged the public to
communicate when there are issues.
Chair Kirkmeyer stated she supports the proposed Code changes. She stated the Comprehensive
Plan went through a stringent review and revision approximately three (3) years ago, and each time the
Comprehensive Plan is reviewed, agriculture remains an important goal. She stated the
Comprehensive Plan supports retention, growth, and expansion in the industry. She stated the Board
met with representatives from the dairy industry to discuss the challenges they were facing, and for
those facilities that do not abide by the Code, the Board will support the Departments of Planning
Service, Public Health and Environment, and Public Works to enforce compliance. Chair Kirkmeyer
stated if there are unintended consequences to the Ordinance, the Board is very open to changing the
Code to again in the future to address those matters. She stated this Ordinance will support local
industry and jobs.
Commissioner Rademacher moved to approve Code Ordinance #2011-9 on final reading. Seconded
by Commissioner Long, the motion carried unanimously.
(Clerk's Note: Commissioner Conway excused himself from the remainder of the meeting due to a
previously scheduled commitment and Chair Kirkmeyer called a three (3) minute recess.)
Minutes, September 19, 2011 2011-2986
Page 10 BC0016
HEALTH BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF RETAIL FOOD ESTABLISHMENT LICENSE - TACO
EXPRESS: Upon reconvening, Dan Joseph, Department of Public Health and Environment, read his
memorandum, dated September 19, 2011, into the record, recommending revocation or suspension, or
at least assessing a civil penalty, directing the facility to hire an outside consulting firm, and directing
staff to attend formal food safety training, as conditions of continued operation.
Deb Adamson, Department of Public Health and Environment, displayed and reviewed a PowerPoint
presentation for the record. She stated, in accordance with State statute, the facility has been
assessed three (3) civil penalties and an informal hearing was held at the Department of Public Health
and Environment to discuss all of the unresolved issues, potential solutions, and the ramifications of
remaining out of compliance. She stated the operator was also provided with a hand delivered notice
of this hearing, since he does not accept certified mail. She reviewed the various inspections and
number of violations cited, as well as the types of health symptoms and problems caused by food borne
illnesses, including death. Ms. Adamson displayed a summary of the inspection history, resulting in
violations which pose health risks, critical violations, and non-critical violations. She stated that
following the last hearing, staff requested the operator close the facility to resolve severe plumbing
issues that resulted in inadequate refrigeration, and several violations remain unresolved: 1) improper
storage of employee food and drink, 2) improper discharge on plumbing (displayed embedded video)
resulting in sewage odor from the backflow into the food preparation sink, and 3) improper refrigeration
in food storage. She displayed photographs taken during an inspection and indicated approximately
$730.00 in food was destroyed. Ms. Adamson stated the informal hearing was held on July 13, 2011,
at which time they discussed all of the issues and Efrain Ortiz, owner/operator, provided a corrective
action plan addressing each of the violations he has been cited for over the last four (4) inspections.
She stated Mr. Ortiz also paid half of the civil penalty and spent the remainder of the balance to cover
the cost of plumbing services. She stated the operator has repeatedly demonstrated a lack of
knowledge and, to date, has not registered himself or his employees for the training class offered by the
Department of Public Health and Environment. She stated that since the year 2008, the Department
has issued this facility 14 enforcement letters. In summary, Ms. Adamson stated the management
does not have control over the food-borne risk factors and staff is requesting revocation, or suspension
with payment of the civil penalty, if the Board allows the facility to remain open.
In response to Commissioner Garcia, Mr. Joseph stated he returned to check the cooler and plumbing
after the work had been completed, at which time the facility was allowed to re-open; however, he did
not inspect for other issues.
Mr. Ortiz stated he fixed the plumbing and the cooler/freezer in an attempt to come into compliance;
however, his biggest challenge is with employees not abiding by the rules. He reiterated he made the
corrections because he wants to operate a safe business.
Marcella Swain, Department of Public Health and Environment, served as a translator for Mr. Ortiz, who
explained the employees who were part of the problem are no longer working at the facility, and he also
provided copies of bills for the construction repairs. In response to Commissioner Rademacher,
Mr. Joseph stated the operator and his staff need to attend the formal education classes and then be
observed maintaining compliance to satisfy staff's concerns. Ms. Swain explained, on behalf of
Mr. Ortiz, he has not registered for the class since the former cook is no longer employed and he needs
to figure out his staffing. In response to Chair Kirkmeyer, Mr. Ortiz indicated the staff consists of
himself, his wife, and two outside employees and no one has attended the local training, although he
previously attended a class in the State of California. In response to Commissioner Rademacher,
Ms. Adamson stated there is a training session scheduled for this coming Wednesday, and Mr. Ortiz
has been encouraged to attend at previous meetings. Responding to Commissioner Garcia,
Minutes, September 19, 2011 2011-2986
Page 11 BC0016
Mr. Joseph stated staff had not previously discussed hiring a consultant because they were hopeful the
issue would be resolved prior to this hearing; however, he acknowledged on-site consultant training
would be beneficial to reinforce the proper operating methods. In response to Commissioner Garcia,
Mr. Ortiz stated he is willing to pay the $1,000.00 penalty; however, he does not currently have the
funds due to the recent structural improvements. He indicated he is also willing to register and attend
the class with all of the other employees. In response to Mr. Ortiz, Commissioner Garcia explained the
consultant will need to be someone the County recommends; however, it will not be a County
employee, and he will have to pay for their services. Responding to Commissioner Rademacher,
Mr. Joseph stated the training will help; however, many of the issues have previously been discussed
and without the check and balance of an on-site consultant, there is little likelihood of improved
managerial control. In response to Chair Kirkmeyer, Mr. Joseph stated staff recommends revoking or
suspending the license, with payment of the civil penalty, and Mr. Ortiz indicated he understood. Chair
Kirkmeyer stated she supports a one-week suspension of the facility and she believes on-site training
will be very beneficial, especially for the owners. She clarified the operator will be required to attend
the training and hire a consultant during the next week, although she believes the $1,000.00 penalty is
too much to require at this point. Commissioners Rademacher and Long concurred with a suspension,
as long as the civil penalty is waived. Mr. Joseph responded to Commissioner Rademacher indicating
it should be possible for the operator to complete the requirements within one (1) week. Ms. Swain
translated the Board's intent and Mr. Ortiz indicated he understood, and he concurred with the waiver of
the penalty, since he cannot afford it at this time. Chair Kirkmeyer confirmed Mr. Ortiz will also need to
attend another hearing next Monday to provide follow-up on his progress, and the business will need to
be closed today and cannot re-open for one (1) week, during which time he must hire an outside
consultant. She further stated that if the conditions are not met by next Monday, the Board may
enforce a different decision at that time.
Commissioner Garcia moved to suspend the Colorado Retail Food Establishment License issued to
Taco Express for one (1) week, hold the $1,000.00 civil penalty in abeyance, direct Mr. Ortiz and his
employees to attend the training provided by the Department of Public Health and Environment and
obtain an outside consultant, and to set this matter to be reconsidered on September 26, 2011,
at 9:00 a.m. Commissioner Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2011-1 was approved on first reading, and Ordinances #2011-6
and #2011-9 were approved on Final 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, September 19, 2011 2011-2986
Page 12 BC0016
There being no further business, this meeting was adjourned at 12:05 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:aj ,,,e EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board ------- �_,
C . Conwp
ro-T,em
BY: r / (.9
Deputy Cl to the Board
William F. Garcia ('--
," ��S EEXCUSED4-iND EL
o DATE OF APPROVAL ng
' 1861 ", -ce Ls 2.
♦7 ouglas adema her
'� .,
Minutes, September 19, 2011 2011-2986
Page 13 BC0016
Hello