HomeMy WebLinkAbout20111687.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 13, 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 13, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of July 11, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following New Item of
Business to the Agenda: 9) Consider Expression of Opposition to Decision by United States Postal
Service to Place Milliken Post Office in Delivery Unit Optimization Program. Seconded by
Commissioner Garcia, the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he wants to know whether the
Comprehensive Plan will be amended to include the previous language regarding compensation for
open space which was removed. He stated the language was within Section 22-5-50 in the previous
version of the Comprehensive Plan, under Open Space, Parks, and Recreation, Goals and Policies,
and it stated, "Compensation for the acquisition of privately owned land for public open space will be
required".
Bruce Barker, County Attorney, stated he sent an e-mail to the Board after Mr. Meyer previously
inquired about this matter, indicating where compensation is addressed within the Comprehensive
Plan. He stated there are two (2) or three (3) places it addresses providing fair and adequate
compensation for any property obtained by eminent domain, and State statute requires that fair and
adequate compensation be provided as well. He stated as a home rule county, the County has the
ability to use eminent domain for a few items, including roads, certain park facilities, and certain
buildings, such as jails, and it could condemn a property if a reasonable agreement could not be
reached regarding fair compensation. Mr. Barker stated he cannot recall which sections of the
Comprehensive Plan he found the matter addressed in; however, he listed the sections in the e-mail he
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sent to the Board. Chair Kirkmeyer reiterated there is also language addressing compensation in the
State statutes, and the situations where the County could exercise eminent domain are very limited.
She stated the County does not have the power of condemnation for open space, and Mr. Barker
concurred. In response to Chair Kirkmeyer, Mr. Barker stated the County has exercised the powers of
eminent domain and condemnation on rare occasion. Mr. Meyer stated the Comprehensive Plan
indicates the County will not take land through condemnation. Chair Kirkmeyer stated she is unsure as
to whether the Comprehensive Plan states that; however, she cannot remember a single occurrence
where the County has exercised the powers of eminent domain or condemnation. Commissioner
Conway inquired as to whether there is a downside to reaffirming there will be compensation for
acquired open space in the section Mr. Meyer has requested it to be listed. Mr. Meyer stated the
reason he was given for the revision of the Comprehensive Plan was that the revision was to make the
Plan clearer; however, the language he is proposing to be returned will make the matter clearer.
Commissioner Long stated he finds the current version of the Comprehensive Plan to be clearer with
the removal of the previous language, since the County does not condemn land for open space. Chair
Kirkmeyer stated the language would imply the County has the authority to condemn land for open
space, which it does not. In response to Commissioner Conway, Chair Kirkmeyer and Commissioner
Long clarified the language Mr. Meyer read into the record was in a previous version of the
Comprehensive Plan and it has been removed from the current version. Mr. Meyer inquired as to
whether the Board will be adding the language back into the Comprehensive Plan. Chair Kirkmeyer
and Commissioner Rademacher indicated they concur with the points made my Commissioner Long.
Commissioner Long reiterated it does not make good sense to add the language, which may
erroneously give people the notion the County has an open space program, and there is no reason to
draw attention to a practice the County does not participate in. Commissioner Rademacher reiterated
the County does not have the ability to condemn land for open space. In response to Commissioner
Conway, Mr. Meyer confirmed the language he read into the record was from a previous version of the
Comprehensive Plan. He stated people have been asking him why the County chose to remove the
language, since it was clear and concise, and it supported the Fifth Amendment. Commissioner
Conway stated the other Commissioners have explained the Board does not have the authority to
condemn open space. In response to Mr. Meyer, Chair Kirkmeyer stated the Board will not be
changing the language back to the previous version, since the Board does not have the statutory or
constitutional authority to condemn open space land, and it is clearer to omit the language, so as to not
imply the County does have the authority. Mr. Meyer stated the Home Rule Charter states the County
shall have the powers of eminent domain to the fullest extent authorized by State law. Chair Kirkmeyer
confirmed the Board has the powers of eminent domain as authorized by law and as explained by the
County Attorney, primarily for roads. Mr. Meyer inquired as to whether all of the Board members are
opposed to adding the language back to the Comprehensive Plan. Commissioner Rademacher stated
he is opposed to adding the language, since the Comprehensive Plan seems to be clearer without it.
Commissioner Conway stated he is willing to listen to Mr. Meyer; however, he does not understand the
concern since the Board does not have the authority to condemn open space. Chair Kirkmeyer stated
the language will not be changed, since the majority of the Board does not feel it is necessary, and that
adding the language would imply the County has powers it does not have; however, Mr. Meyer can
schedule a time to discuss the matter with Commissioner Conway. Mr. Barker stated he would be
happy to meet with Mr. Meyer after the meeting, in order to review the sections he found that address
the matter, and he apologized he did not review the language with Mr. Meyer earlier. Mr. Meyer stated
he cannot stay after the meeting today; however, he will schedule a time to discuss the matter.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
GOVERNMENT FINANCE OFFICERS ASSOCIATION, NOTICE OF DISTINGUISHED BUDGET
PRESENTATION AWARD - DON WARDEN: Chair Kirkmeyer read the award into the record,
Minutes, July 13, 2011 2011-1687
Page 2 BC0016
recognizing Don Warden for receiving the Distinguished Budget Presentation Award from the
Government Finance Officers Association, for the year 2011.
Mr. Warden stated Weld County has received this award since it originated in the year 1984, and there
are just two (2) other counties which have always received it; one is in the State of Florida, and the
other is in the State of Texas. He stated Weld County has consistently met the standards and he is
proud of the County's practices. He stated the budget is a team effort beginning with the departments
initiating the requests and ending with the Board's approval. Commissioner Conway stated Weld
County's strong fiscal position, with no debt and no sales tax, is a credit to Mr. Warden and his fiscal
management over the years, and this award is justly deserved. He thanked Mr. Warden for his years of
service to Weld County. Commissioner Long stated Mr. Warden's legacy will be hard to follow, and it is
incredible what he has been able to accomplish. Chair Kirkmeyer thanked Mr. Warden for his service.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1100094, ELEVATOR UPDATE FOR PROBATION BUILDING - DEPARTMENT OF
BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated this bid
was initially presented to the Board on June 29, 2011, and the low bid is being recommended for
approval. She stated this bid will modernize the elevator by replacing the car, hoist way, and doors.
Commissioner Rademacher moved to approve the low bid from Kone, Inc., based on staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND
AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Emergency Manager, Sheriff's Office, stated $63,300.00
of funding is being awarded by the State, which is surprising, since last year $60,000.00 was awarded
and the State indicated the funding would be the same, or be reduced, this year. He stated the
performance period typically begins October 1, through September 30; however, the performance
period for this agreement will end June 30, 2012. Mr. Rudisill indicated the reason for the extended
performance period is the Federal budget has not been approved, and the leftover funds will be moved
forward to the first quarter of next year. Ms. Mika stated Mr. Rudisill is being very modest, and the
reason the State has awarded more money this year is because of the credibility being established by
Weld County, which is greatly due to Mr. Rudisill's leadership and innovation. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER RATIFICATION OF OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - NOBLE
ENERGY WYCO, LLC: Mr. Barker stated the Board has never considered an item quite like this one
before. He stated that in the year 2008 the Board leased a mineral interest to Noble Energy
WyCo, LLC, and the lease was recorded; however, an ending date was not included. He stated the
ending date has been added to the lease and it has been recorded again; however, it was discovered
by auditors the corrected lease was not approved by the Board. Mr. Barker stated the auditors are
requesting that the corrected lease be confirmed by the Board. He stated the lease is being held by
production; therefore, this is just a technical correction. Commissioner Conway moved to approve said
ratification of oil and gas lease and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SPLASH
DOGS, INC.: Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Commissioner Conway seconded the motion, and inquired as to whether Mr. Barker has reviewed the
agreement. Mr. Barker indicated he has reviewed the agreement and it is satisfactory, and the
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Page 3 BC0016
requisite insurance has been provided. There being no further discussion, the motion carried
unanimously.
CONSIDER ADDITIONAL HOURS OF OPERATION FOR CLERK AND RECORDER TO ACCEPT
FILING DOCUMENTS RELATING TO FDIC APPOINTMENT AS RECEIVER FOR THE PURPOSE OF
LIQUIDATING SIGNATURE BANK, WINDSOR, COLORADO, ON JULY 8, 2011: Mr. Barker stated
that pursuant to Section 30-10-109, C.R.S., the Board must authorize the hours of operation for all the
County offices, and the hours it has authorized for the Clerk and Recorder's Office are 8:00 a.m., to
5:00 p.m. He indicated the documents related to the Federal Deposit Insurance Corporation (FDIC)
appointment as Receiver for the purpose of liquidating Signature Bank were filed at 5:30 p.m., outside
of normal business hours, in order to avoid causing concern to depositors; therefore, this Resolution is
necessary to extend the hours of operation. He stated a similar Resolution was approved two (2) years
ago concerning New Frontier Bank. Commissioner Garcia moved to approve said additional hours of
operation for the Clerk and Recorder to accept filing documents relating to FDIC appointment as
Receiver for the purpose of liquidating Signature Bank, Windsor, Colorado, on July 8, 2011.
Commissioner Rademacher seconded the motion. Commissioner Conway stated he will approve this
Resolution; however, he finds the seizure of Signature Bank by the FDIC to be unconscionable and
fraudulent, based on conversations he subsequently had with the Directors of Signature Bank. He
stated there will be a filing of protest regarding this seizure and he is deeply troubled as an elected
official by the actions of the FDIC in regards to the seizure of Signature Bank. Commissioners Long
and Rademacher concurred with Commissioner Conway. Mr. Barker recommended that this be the
last time the Board approve this type of Resolution, and that the FDIC conduct its business during
regular hours of operation, or submit its request to the Board in advance for consideration.
Commissioner Conway stated he will heed Mr. Barker's advice in the future, since the manner in which
the FDIC has conducted itself in recent years raises serious concerns. He stated he will not be very
considerate of any FDIC requests in the future. Chair Kirkmeyer stated she did not want to approve
this request when it was presented to her, and this is the last time she will vote in favor of a Resolution
such as this one. She stated the FDIC needs to follow the rules, regulations, and laws that are in place,
just as it expects the Board to do the same. There being no further discussion, the motion carried
unanimously.
CONSIDER SERVICE EXPANSION REQUEST AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
ACS GOVERNMENT SYSTEMS, INC.: Ms. Mika stated this agreement will expand the services
provided by ACS Government Systems, Inc., to provide a support staff member for the Department of
Human Services. She stated the reason for the agreement is the Department is complex and
continually expanding. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF MARK WARD AS WELD COUNTY CORONER: Commissioner
Conway moved to appoint Mark Ward as the Weld County Coroner. Commissioner Garcia seconded
the motion.
Mark Ward, Coroner, stated this role is important and not to be taken lightly, and he appreciates the
Boards confidence and trust in his appointment. He stated he feels well-supported by the Board, the
Department heads, and a core staff, which is highly motivated and dedicated. He stated he intends to
perform his duties in accordance with the Weld County Code, guided by the core values of reliability,
flexibility, integrity, diversity, and accountability. Commissioner Conway thanked Mr. Ward for his
previous service in the Coroner's office and his professionalism, and he expressed his confidence that
Mr. Ward will be outstanding in his role as Coroner. Chair Kirkmeyer stated Mr. Ward always conducts
himself in a professional manner, and she is confident he will do a great job in the role of Coroner.
There being no further discussion, the motion carried unanimously.
Minutes, July 13, 2011 2011-1687
Page 4 BC0016
CONSIDER AGREEMENT FOR MEDICAL EXAMINER SERVICES AND AUTHORIZE CHAIR TO
SIGN: Mr. Barker stated the change is that the County is not going to enter into the agreement with the
medical group; it will be entering into the agreement with each of the three (3) doctors individually.
Chair Kirkmeyer thanked Mr. Barker for working on this agreement, and taking time with the wording, to
ensure it accurately reflects what the Board wants. She also thanked Ms. Mika for the time she has
invested into getting this agreement in place and making the requested changes. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR UNITED STATES POSTAL SERVICE RETAINING
THE POST OFFICE AT NEW RAYMER, COLORADO: Commissioner Rademacher moved to approve
said Expression of Support for the United States Postal Service retaining the post office at New
Raymer, Colorado. Commissioner Long seconded the motion, and he thanked the Board for
supporting this issue. He stated this situation has called into question the common sense of the United
States Postal Service's methods, and it deserves the concern of both local entities and Congress, since
there is a lack of oversight and no clear business model in place. Commissioner Conway thanked
Commissioner Long for his leadership and effort on this issue, and he thanked Senators Mark Udall
and Michael Bennet for writing a letter to the United States Postal Service. He also thanked
Representative Cory Gardner, who has also been involved with the issue. He requested that copies of
this Resolution be sent to each of their offices. There being no further discussion, the motion carried
unanimously.
CONSIDER EXPRESSION OF OPPOSITION TO DECISION BY UNITED STATES POSTAL SERVICE
TO PLACE MILLIKEN POST OFFICE IN DELIVERY UNIT OPTIMIZATION PROGRAM: Chair
Kirkmeyer stated this item was placed on the agenda at the request of the Town of Milliken.
Commissioner Rademacher moved to approve said Expression of Support for the United States Postal
Service retaining full postal services at the post office located in Milliken, Colorado. Commissioner
Long seconded the motion. Commissioner Garcia stated the United States Postal Service's Delivery
Unit Optimization Program indicates the Post Masters are not to get the community involved, which is
the opposite of good government action, which should be transparent and have open channels of
communication. Commissioner Conway concurred with Commissioner Garcia, and he thanked Chair
Kirkmeyer and Commissioner Rademacher for their leadership on this Resolution. There being no
further discussion, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1048, MOREA MANOR NORTH - WELD 45 ACRE, LLC: Chris
Gathman, Department of Planning Services, stated the applicant is requesting a three (3) year
extension to finalize and record the plan, and the reason for the request is the applicant is still trying to
obtain collateral, to finalize the improvements agreement. He stated the Board already granted a
two (2) year extension in the year 2009, and staff recommends the Board now grant a one (1) year
extension.
Lee Petrides, Manager, Weld 45 Acre, LLC, indicated the housing market does not have a lot of activity
occurring currently; however, there has been some improvement. He stated the Apartment Market
Place in the City of Denver has a 4.4 percent vacancy rate, which is the lowest it has been in 10 years,
and people are still moving to Colorado; however, the banks have not loosened up their loan
restrictions. He stated he thinks it will be approximately five (5) more years before people resume
building again. Mr. Petrides stated he wants to continue with this project and he believes in it; however,
the market has frozen. He stated he cannot even get bids back for paving the main road because
companies do not want to invest the time to formulate a bid proposal without assurance the project is
moving forward. He requested a two (2) to three (3) year extension, since he will likely be back in a
Minutes, July 13, 2011 2011-1687
Page 5 BC0016
year to request more time if the Board only grants a one (1) year extension. In response to
Commissioner Conway, Mr. Petrides confirmed a two (2) year extension would be great as long as staff
is comfortable with that. In response to Chair Kirkmeyer, Mr. Gathman stated Jacqueline Hatch was
the original planner for this case; however, he is not aware of any outstanding issues, besides
submitting the final plan. Commissioner Rademacher moved to extend the deadline for submitting the
final plan for two (2) years, until October 26, 2013. Commissioner Conway seconded the motion, and
he stated two years is fair, since this is the worst economic downturn to occur in his lifetime, and he
appreciates Mr. Petrides' honesty about the situation. There being no further discussion, the motion
carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER RECORDED EXEMPTION #4443 - SHAW FAMILY, LLLP (CON'T FROM 01/17/11):
Michelle Martin, Department of Planning Services, stated this property is located south of and adjacent
to County Road 16.5, and east of and adjacent to County Road 3.25. She stated the Recorded
Exemption was approved May 16, 2006, and none of the Conditions of Approval have been met. She
stated the property is encumbered by Use by Special Review Permit #1346 for an open pit sand and
gravel mining operation.
Clay Kimmi, Department of Public Works, stated the Recorded Exemption is located within a floodplain
and Lafarge's entire gravel mine is located within a floodplain, and the Federal Emergency
Management Agency (FEMA) sent a letter to the County in January, 2011, which stated in order for the
County to remain compliant with their flood insurance program, the County must require a Letter of Map
Revision (LOMR) for this Recorded Exemption. He stated Lafarge has completed the topography and
is in the modeling process; however, nothing has been submitted to FEMA yet. In response to
Commissioner Rademacher, Mr. Kimmi stated the process typically takes three (3) to six (6) months,
once the information has been submitted to FEMA; however, if there are problems with the modeling, it
may take up to a year. In response to Chair Kirkmeyer, Mr. Kimmi stated he has not had the
opportunity to review the modeling; it has not been provided to him. He stated he suspects the
Recorded Exemption lot will be outside of the flood plain; however, he cannot be sure until the LOMR
has been completed. In response to Commissioner Conway, Mr. Kimmi confirmed it is his
recommendation to continue the matter for six (6) months, to avoid coming out of compliance with the
flood insurance program.
Mike Shaw, applicant, thanked the Board for being concerned about the situation at the last hearing
and motivating Lafarge. He stated at the last hearing Lafarge was questioning whether they had to
complete a LOMR study, and thanks to the Board and Mr. Kimmi, Lafarge went forward with the LOMR
study. He stated a small amount of top soil has been added, and trees and shrubs have been planted,
in accordance with the reclamation program. Mr. Shaw stated some of the shrubs have died and some
of the trees are in poor condition; however, the rain has helped. He stated there is a continuing issue
with weeds, including a large thistle patch on the property. He invited the Board to visit the property.
He stated it bothers him that no timelines have been established. Mr. Shaw stated Lafarge and Front
Range are operating on strict budgets, which may be a part of the problem. He inquired as to what
Weld County's accountability is regarding this matter, since it issues the permits with standards as to
how the mining and reclamation will occur; however, there is no monitoring of the site occurring. He
stated he and his wife would like to be able to build a house, and they need to be able to place a
storage shed on the property for equipment to, at the least, be able to mow the property, since he has
been maintaining it, even though it is supposed to be Lafarge's responsibility. Mr. Shaw stated he and
his wife want the property to look decent; therefore, he has sprayed weeds, mowed, and watered the
trees. He inquired as to whether a conditional building permit can be issued, to allow him to arrange his
finances and utilities. Commissioner Rademacher stated he is willing to visit the property and he is
anxious to hear about timelines from Lafarge as to submitting the LOMR study to FEMA. He stated if
Lafarge does not remove noxious weeds from the property, Mr. Shaw can report the information to Tina
Minutes, July 13, 2011 2011-1687
Page 6 BC0016
Booton, Department of Public Works, Weed Division, and the County will remove the noxious weeds if
Lafarge will not and then it will charge Lafarge for the removal cost. He stated the pits are overseen by
the Division of Reclamation, Mining, and Safety (DRMS), and outside of the County's purview.
Mr. Barker stated it is a good idea for the County to check if the Conditions of Approval and
Development Standards are being met. He stated the system is complaint driven, and inspections are
not automatically completed on a periodic basis. He stated based on the concerns Mr. Shaw has
expressed, he recommends staff verify whether the Development Standards are being met.
Commissioners Rademacher and Conway indicated they are willing to visit the property over the
weekend.
Ginny Shaw, applicant, stated she and her husband initially requested the Recorded Exemption lot be
located closer to County Road 3.25; however, the southeast portion of the property is at a much higher
elevation. She stated she is anxious to move forward with obtaining a building permit for a house, and
she inquired as to whether she and her husband may be able to construct a house on a piece of the
property with a higher elevation than the area they initially identified for the Recorded Exemption. She
stated she has spoken to the DRMS, and they indicated it would not be a problem to break off a two (2)
acre parcel for a building site which is located on higher ground; however, Lafarge does not want to do
it. Ms. Shaw stated Lafarge indicated breaking off a parcel will result in traffic interfering with
reclamation activity at the site; however, it is not working in that area of the property any longer and has
not worked there for approximately four (4) years. Commissioner Rademacher stated FEMA may not
concur with the State; therefore, the Board needs to wait for FEMA's direction. Ms. Shaw indicated she
is certain the new area she is proposing is outside of the floodplain. Mr. Kimmi stated Lafarge's
reclamation may have removed the area from the floodplain; however, FEMA's map has not changed;
therefore, if Mr. and Ms. Shaw want to build on the property they will have to complete a similar study to
what Lafarge is completing. Ms. Shaw stated she and her husband have waited approximately five (5)
years to commence building their home and they had mistakenly believed all along that it could not
occur, simply because Lafarge would not release the lot to them.
Sean Frisch, Land Manager, Lafarge, stated they are in the process of completing the LOMR study, as
requested in January. He stated he had to complete a bid process and Tetra Tech is the consultant
that Lafarge selected to complete the project. He stated Tetra Tech was selected in late February,
2011, and they commenced work in March, 2011. Mr. Frisch stated an aerial survey was completed
and they are now working on the model. He stated there has been an issue with high water over the
last few weeks, and they were not able to complete the field contours due to the water. He stated once
they are able to complete the field surveying, they will complete the model and submit it to FEMA.
Mr. Frisch stated Lafarge has completed a number of corrective items, and the DRMS has inspected
and approved those items. He stated top soil still needs to be added on the northern portion of the
property. He stated Lafarge is prepared to request a release from the DRMS; however, it will not
change much with the Recorded Exemption because of the FEMA requirements regarding the LOMR.
He stated Lafarge has had discussions about releasing a two (2) acre parcel; however, it is concerned
about construction vehicles and activity and adequately fencing the parcel, in accordance with the
mining permit rules and requirements for safety. Mr. Frisch stated there are also two (2) new oil and
gas wells on the property. He stated they are working on the matter and trying to get as much of the
southern portion of the property released as possible in the next few months, including the Shaws'
building site. In response to Commissioner Rademacher, Mr. Frisch stated both the Boulder Creek and
the Idaho Creek currently have high water. Commissioner Rademacher stated this situation has been
going on too long, and he encouraged Lafarge to complete the LOMR study as soon as possible. He
stated Lafarge also needs to remove the noxious weeds from the property, or the County will enforce
the removal. Mr. Frisch stated Lafarge has a weed program in place and he will check on the matter
today to inquire as to why there are weeds on the property. He stated he assumes there are weeds
due to how wet the season has been; however, he will make sure the weeds are being sprayed and
mowed. He stated Lafarge has completed a lot of work to remove Russian Olives from the property,
Minutes, July 13, 2011 2011-1687
Page 7 BC0016
and it is difficult to remove the thistle from the property due to it being located between two (2) creeks.
He stated the DRMS also inspects for noxious weeds; therefore, it is a requirement of the State, as well
as the County to address the weeds. In response to Chair Kirkmeyer, Mr. Frisch confirmed Lafarge has
a reclamation agreement with the Shaw family, and it had a lease that expired when the mining was
completed. He stated an emergency access road has been installed for the Shaws; therefore, there
are items Lafarge has completed which were above and beyond the reclamation plan; however, he
admits Lafarge needs to complete its work and release the site as soon as possible. He stated the
situation has continued for too long, and he has been pushing the General Operations Manager to
expedite the completion of this project. In response to Chair Kirkmeyer, Mr. Frisch stated the LOMR
study was a new requirement introduced within approximately the last year, and Lafarge would have to
complete the LOMR study even without the proposed home being involved, with the new regulations.
Chair Kirkmeyer and Commissioner Conway concurred with Commissioner Rademacher's comments
that Lafarge has been on the site for too long. Responding to Chair Kirkmeyer, Mr. Barker stated the
Board could accommodate the request for the early release of building permits with a Letter of
Agreement which states the Shaws accept the risk that the requisite permits may not be issued, and it
is something the Board has chosen to offer before. Commissioner Rademacher inquired as to whether
there could be a problem with the early release of the building permits if the property may still be within
the floodplain, and the Shaws would have to retrofit the building to appease FEMA, which is a
significant risk. Mr. Barker stated that situation would also place the County in a bad situation, since it
issued the building permits. Chair Kirkmeyer stated there was a request for the Shaws to be able to
place a shed or barn, in order to store their equipment, and she inquired as to whether Commissioner
Rademacher would have an issue with releasing building permits early for the outbuilding.
Commissioner Rademacher stated he does not have an issue with it, and he inquired as to whether the
outbuilding may need to be retrofit to allow water to pass through it. Mr. Kimmi confirmed Chair
Rademacher is correct; however, since a barn is a non-residential structure, it can be constructed at
any elevation, when a Flood Hazard Permit has been obtained. Commissioner Rademacher moved to
continue the matter until January 16, 2012, at 9:00 a.m., with the instruction to allow for the early
release of building permits in relation to the non-residential structure. Commissioner Conway seconded
the motion. Commissioner Rademacher requested that staff from the Department of Planning Services
inspect the facility to ensure the Conditions of Approval and Development Standards are being met.
There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 13, 2011 2011-1687
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:16 a.m.
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