HomeMy WebLinkAbout20101688.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 26, 2010
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 26, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
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 21, 2010, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on July 21, 2010, as follows: 1) USR #1739 — Carma Bayshore, LLC,
do Kerr-McGee Oil and Gas Onshore, LP; 2) USR #1704 - Shelton Land and Cattle, Ltd., and
Heartland Renewable Energy, LLC; and 3) USR #1741 — Roswell and Kerry Checketts. Commissioner
Conway 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 Long moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY RURAL TASK FORCE - TED CARLSON, LES
HARDESTY, TOM HAREN, JERRY HERGENREDER, TOM HOLTON, MARK PELZEL, LYNDA
PRUETT, LAR VOSS, AND FRED WALKER: Chair Rademacher read the certificates into the record,
recognizing Ted Carlson, Les Hardesty, Tom Haren, Jerry Hergenreder, Tom Holton, Mark Pelzel,
Lynda Pruett, Lar Voss, and Fred Walker for their service on the Weld County Rural Task Force.
Commissioner Conway thanked the members who served on the Weld County Rural Task Force, and
he stated the process required many meetings and the members performed a great public service.
Minutes, July 26, 2010 2010-1688
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COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1000125, BI-FUEL CONVERSION KITS AND INSTALLATION FOR VARIOUS
VEHICLES — DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT/FLEET MAINTENANCE:
Monica Mika, Director of Finance and Administration, stated said bid will be presented for approval on
August 9, 2010, and although staff spoke to four (4) potential vendors, only one (1) vendor submitted a
bid. She stated several work sessions have been conducted regarding this matter and she is
comfortable with proceeding with the one (1) vendor that submitted a bid due to the uniqueness and
proprietary nature of the project.
NEW BUSINESS:
CONSIDER TWO COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department
of Human Services, stated these items are two (2) Multi-Disciplinary Youth Assessment Team (MYAT)
agreements and leases with LifeBridge Christian Church and Saint Vrain Valley School District RE-1J
for a term which commenced July 1, 2009, and ended June 30, 2010. She stated the agreements and
leases were reviewed in a work session; however, the items were mistakenly not presented to the
Board for formal approval; therefore, she must now request approval. She stated the agreement with
LifeBridge Christian Church is for$50,753.00, and the agreement with Saint Vrain Valley School District
RE-1J is for $40,483.90, for the agencies to serve a minimum of 100 eligible youth and families.
Commissioner Conway moved to approve said agreements and leases and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN — EATON EARLY
LEARNING CENTER: Ms. Griego stated this agreement is for the Therapeutic Pre-School Program,
for children ages 2.5 through five (5), and it is for an amount of $9,600.00. She stated this agreement
was also reviewed at a work session and not formally approved, and the term of the agreement
commenced January 1, 2009, and ended December 31, 2009. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY PERMIT FOR SEPTEMBER 24, 25,
AND 26, 2010 - LOVE-AIR R/C, INC.: Michael Harrington, Event Co-Director for Warbirds Over the
Rockies, stated this is the fourth year the event has been conducted at a field owned by Love-Air
R/C, Inc., and each year a permit has been obtained from the County. He stated traffic control has
been arranged with a new company based out of the Town of Windsor, portable toilets will be provided
by Portable Rental Systems, which is based out of the Town of Ault, and Waste Management will
provide a dumpster for trash disposal. He further stated that he is trained in wilderness first aid, and
the Ault Fire Department will be the first responder for emergency medical services. Mr. Harrington
stated security will be provided by the club members, food and drinks will be available from Famous
Dave's BBQ, and spectator seating will be available. In response to Chair Rademacher, Mr. Harrington
stated alcohol will not be served at the event, and approximately 2,000 people attended the event last
year on its busiest day. He stated last year there were some issues with the parking situation and he
has made arrangements to better facilitate parking this year. He clarified there was plenty of room for
parking last year; however, people were not being instructed where to park and they were taking more
space than was necessary. Chair Rademacher stated the permit application indicates Mr. Harrington
anticipates up to 2,000 people may attend the event; however, perhaps he should indicate up to 2,500
people may attend the event each day, since more people may attend the event this year.
Minutes, July 26, 2010 2010-1688
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Bruce Barker, County Attorney, stated a temporary assembly permit is required in order to have more
than 350 people attend an event; however, there is no maximum number of people allowed, and the
number of people the applicant anticipates attending is just an estimate. Commissioner Kirkmeyer
requested that Mr. Harrington meet with Roy Rudisill, Office of Emergency Management, to ensure an
emergency management plan is in place. Mr. Harrington stated he is familiar with emergency
management plans and he appreciates Commissioner Kirkmeyer's suggestion. In response to
Commissioner Conway, Mr. Harrington stated the traffic control will work in conjunction with the
Colorado Department of Transportation (CDOT) and the Weld County Sheriff's Office. Commissioner
Garcia moved to approve said Temporary Assembly Permit for September 24, 25, and 26, 2010.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF CR 26 TO THE EAST OF THE INTERSECTION
OF CRS 26 AND 21.5 - MULTIPLE PETITIONERS: Don Carroll, Department of Public Works, stated
multiple property owners have submitted a petition for the County to vacate a portion of County
Road 26 right-of-way, which is located east of County Road 21.5 for approximately one (1) mile on the
south side. He stated the Kiyota Greenhouses buildings have encroached onto the surrounding
property; therefore, Daisy and Howard Kiyota have entered into an agreement to purchase 4.7 acres
from Golden Dome Aggregates, LLC. He stated Golden Dome Aggregates, LLC, and the Kiyotas have
been working with Michelle Martin, Department of Planning Services, to amend Lot B of Recorded
Exemption #4153; however, Lot B cannot be amended until this section of right-of-way has been
vacated. He stated in addition to Daisy and Howard Kiyota, Golden Dome Aggregates, LLC, and
Donald and Shirley Ann Kanzler are petitioning for the vacation of this section of roadway, and the
Department of Public Works supports the petitions. Mr. Carroll stated if the County decided to utilize
this road right-of-way to extend County Road 26, it would have to address numerous issues, including
existing structures, crossing the river, and flood plain issues.
Larry Clark, Golden Dome Aggregates, LLC, stated his company acquired the property adjacent to
Kiyota Greenhouses approximately seven (7) months ago and he discovered Kiyota Greenhouses had
been leasing the north property line for many years; therefore, he offered to sell the leased property to
the Kiyotas and they began the process to amend Lot B. He stated after beginning the process, it was
discovered the road right-of-way had been in existence for over 100 years; however, it has never been
utilized by the County, and Ms. Martin instructed the involved parties to resolve the right-of-way issue
prior to pursuing amending Lot B. In response to Chair Rademacher, Mr. Barker stated he concurs with
staff that vacation is appropriate in this case. Mr. Carroll stated generally the County prefers to retain
its right-of-way; however, this particular portion of right-of-way is not a good fit for the County. Chair
Rademacher stated he is hesitant to vacate anymore rights-of-way. In response to Commissioner
Long, Mr. Clark confirmed this right-of-way has never been utilized as a roadway and there are
structures constructed within it. Responding to Commissioner Long, Mr. Carroll stated none of the
property owners will become landlocked by vacating this right-of-way. In response to Commissioner
Kirkmeyer, Mr. Carroll stated there are existing accesses in place and staff will not be creating any new
accesses, and the request is to vacate a 30 foot section of right-of-way located south of the section line.
In response to Commissioner Kirkmeyer, Mr. Clark clarified the Kiyotas will become the owners of the
former right-of-way when they purchase 4.7 acres of property from Golden Dome Aggregates, LLC,
which includes the section of County right-of-way. Commissioner Long moved to approve said petition.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 122 AT CR 89: Janet Carter,
Department of Public Works, stated she is proposing installing two (2) stop signs at the intersection of
County Roads 89 and 122 near the Town of Grover, which owns half of the intersection. She stated
since she submitted the documentation the Board is viewing, more recent traffic counts have been
conducted, and she is now recommending stopping eastbound and westbound traffic, as opposed to
northbound and southbound traffic. She stated the average daily traffic count on County Road 89 was
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157 vehicles, according to a traffic count conducted in the year 2009, and as of last week, the average
daily traffic count was 439 vehicles, and approximately 55 percent of traffic in the area is trucks. In
response to Chair Rademacher, Ms. Carter stated a portion of County Road 89 was recently treated
with Recycled Asphalt Pavement (RAP), and Noble Energy paved a portion of County Road 89 and will
be paving a portion of County Road 87. Commissioner Long stated the paving which Noble Energy will
be completing on County Road 87 will be on the west side and it will also be paving the north part of
County Road 22 within the Town of Grover. He stated Noble Energy paved a portion of County
Road 89 last year; however, it is north of the intersection, and he moved to approve said installation of
stop signs on County Roads 122 at County Road 89. In response to Commissioner Conway, Ms.
Carter stated the Town of Grover approved the installation of the stop signs on July 15, 2010.
Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT (JABG) AND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Weld County Sheriff's Office, stated this application
was discussed at a work session and it is applying for $28,281.00. He stated a cash match will be
provided by North Range Behavioral Health and there is no cost to the County, and the funds will
enable North Range Behavioral Health to provide services to at risk youth who are involved in the
criminal justice system. Commissioner Long moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE NO. 243-A SUPPLEMENTAL APPROPRIATION FOR 2010: In response to
Commissioner Kirkmeyer, Ms. Mika stated this Resolution must be published two (2) weeks before the
Board reviews the Ordinance and the specific appropriation. Commissioner Long moved to approve
said Resolution directing the Clerk to the Board to publish Emergency Ordinance No. 243-A
Supplemental Appropriation for 2010. Seconded by Commissioner Garcia, the motion carried
unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE #2010-6, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE
INTEREST, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 RUA, CHAPTER 27
PUD, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE:
Commissioner Long moved to read Code Ordinance #2010-6 by title only. Seconded by Commissioner
Garcia, the motion carried unanimously. Mr. Barker read the Ordinance into record by title.
Tom Parko, Department of Planning Services, stated staff made several changes to the Ordinance text
following the work session, based on the Board's direction. He stated there was a change made to the
language regarding Class II commercial vehicles, in Section 23-1-90, on Page 7 of the Ordinance.
Chair Rademacher stated the language addresses his concerns. In response to Chair Rademacher,
Mr. Parko confirmed there is a proposed change to the language regarding non-commercial towers on
Page 8, which states: "Any mast or pole taller than 40 feet and permanently attached to the property"
Mr. Parko clarified the height was increased from thirty (30) to forty (40) feet. He stated the next
proposed change to the Ordinance is on Page 35, Section 23-4-895.C, which will state:
"Non-commercial towers must be setback from any existing or planned overhead transmission lines a
distance equal to the height of the tower." He stated the word transmission should be added to the
language, since many lines on private property are not transmission lines and the existing language
was too general. Mr. Parko stated specifying transmission lines will adequately address staff's
concerns, since staff is not concerned about a tower falling and damaging other types of lines, which
the property owner would be responsible for repairing, and the damage to other types of overhead lines
will not affect an entire region; only the property owner will be affected. Commissioner Long suggested
that Item C state "a height more than the height of the tower,"as opposed to "equal to the height of the
Minutes, July 26, 2010 2010-1688
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tower." In response to Mr. Parko, Commissioner Long stated he does not need the language to specify
how much greater in height. Mr. Barker stated "greater than" is sufficient for the proposed language.
Mr. Parko stated on Page 47, under the Notes on Appendix 23-F, the tower height needs to be
changed from thirty (30) to forty (40) feet and the language specifying a specific weight needs to be
removed, in order to be consistent with the other proposed changes. In response to Mr. Barker,
Mr. Parko confirmed there is a proposed change on Page 12 regarding commercial vehicles, which
states: "In no case is a tractor-trailer and two (2) additional two rear axle vehicles permitted on a parcel
of land less than eighty (80) acres, without the appropriate land use permits." In response to
Mr. Barker, Mr. Parko confirmed the appropriate land use permits include a Class II home occupation
permit. Commissioner Long suggested the proposed language be changed to state "and no more than
one (1) tractor trailer and one (1) two rear axle vehicle will be permitted, without the appropriate land
use permits,"instead of stating "and two (2) additional rear axle vehicles". He clarified one (1) rear axle
vehicle is allowed without a permit, and he suggesting the section state what is allowed without a
permit. Mr. Barker suggested the Board consider amending the Ordinance with the proposed language
before moving forward. Commissioner Kirkmeyer suggested the language state, "Without the
appropriate land use permits, only one (1) tractor trailer and one (1) two rear axle vehicle are permitted
on a parcel of land less than eighty (80) acres." Commissioner Long moved to amend the language to
Section 23-3-30, to include the language proposed by Commissioner Kirkmeyer. Commissioner
Kirkmeyer seconded the motion, which carried unanimously. Commissioner Kirkmeyer moved to
amend all the references to non-commercial towers in the Code to be changed from thirty (30) to forty
(40) feet, with no weight limit. Commissioner Long seconded the motion, which carried unanimously.
(Clerk's Note: Definition also modified in Section 23-4-804.) Commissioner Kirkmeyer moved to amend
the language in Section 23-4-895.C to state, "Non-commercial towers must be setback from any
existing or planned overhead transmission lines a distance greater than the height of the tower"
Commissioner Conway seconded the motion, which carried unanimously.
Bill Bartlett, Weld County resident, stated he spoke to Mr. Barker last week regarding medical
marijuana and he mentioned the Board has concerns about the potential pressures which may result on
local police and fire departments in unincorporated areas. He stated he is not in favor of prohibition
and it creates more problems than it solves. He inquired as to whether there has been an increase in
crime in unincorporated Weld County and if this is the motivation for the Board banning medical
marijuana facilities. Chair Rademacher stated there have not been any medical marijuana facilities
approved in unincorporated Weld County. In response to Mr. Bartlett, Chair Rademacher confirmed the
Ordinance is a pre-emptive measure. Commissioner Kirkmeyer stated the Ordinance addresses the
land use issues concerning medical marijuana facilities; however, the Sheriff would need to respond to
questions about law enforcement issues. Commissioner Long stated there have been some sites
illegally growing medical marijuana in northeast Weld County and the facilities have been a challenge
to law enforcement and required a great deal of time. In response to Mr. Bartlett, Chair Rademacher
confirmed this is the final reading of the proposed Ordinance. He stated the Board is aware medical
marijuana will be grown within Weld County and the Ordinance allows for authorized caregivers and
patients to grow medical marijuana. He stated growing and selling marijuana is against Federal law,
which is the main reason he is opposed to it, and the Federal government may begin enforcing its laws
regarding marijuana at any point. Mr. Bartlett stated he heard legalizing recreational marijuana use will
be proposed in the future, and he inquired as to how the Board feels about it. Chair Rademacher
stated as long as it is illegal at the Federal level, he is opposed to it. He stated any operators of
medical marijuana facilities which can prove they were operating as of June 1, 2010, will be able to
continue operating until July 1, 2011, and after that date, they will need to be licensed by the State;
however, Weld County will not be issuing any local licenses.
Commissioner Long stated he would like to remove a portion of the Ordinance regarding subdivision
design standards from Page 42 of the Ordinance and continue this portion of the Ordinance to another
date, to allow time for additional discussion. He stated the Board seems to be in agreement with all the
Minutes, July 26, 2010 2010-1688
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other issues discussed from the Ordinance; however, it seems to need additional time to provide more
direction and clarification on this issue. Commissioner Kirkmeyer concurred with Commissioner Long
that more time is needed to discuss the matter; however, she indicated she does not want to start the
Ordinance process over from the beginning. She stated if this portion can be removed and continued
to a particular date, she is in favor of it. In response to Mr. Barker, Commissioner Long clarified he
would like to continue just this portion of the Ordinance; however, he would like to approve the rest of
the Ordinance today. Mr. Barker stated if the Board removes a portion of the Ordinance on the final
reading, it will have to restart the Ordinance process and conduct three (3) readings for the removed
portion of the Ordinance. In response to Commissioner Long, Mr. Barker stated the Board may
continue the third reading of the Ordinance in its entirety; however, it cannot continue one (1) portion of
the Ordinance. He recommended the Board continue the Ordinance and the Board can determine
whether it would like to remove the portion in question. Commissioner Long stated he does not want to
continue the entire Ordinance because he does not want to delay the portion pertaining to medical
marijuana, and he moved to withdraw the proposed amendments to Section 24-8-20 regarding
recorded exemptions from the Ordinance. He stated there are some other planning matters which may
be addressed in the same Ordinance as where the recorded exemptions are addressed.
Commissioner Conway seconded the motion, and he stated he wants to make sure the issue is
resolved; however, he does not want to delay the rest of the Ordinance. Commissioner Garcia inquired
as to whether there are any concerns about delaying the portion of the Ordinance pertaining to
recorded exemptions. Commissioner Kirkmeyer stated people may try to further divide Lot Bs which
are less than 35 acres in size. There being no further discussion, the motion carried unanimously.
Commissioner Long expressed his appreciation to the public for their feedback, he stated the Board
has been deliberate in process, and he moved to approve Code Ordinance#2010-6 on final reading, as
amended. Commissioner Garcia seconded the motion. Chair Rademacher thanked the Weld County
Rural Task Force, staff, and the members of the public who provided input regarding the Ordinance.
Commissioner Conway stated as long as the Federal government deems marijuana to be an illegal
product, he does not feel comfortable allowing Weld County citizens to operate medical marijuana
facilities, since a new U.S. Attorney could choose to begin enforcing the Federal laws against
marijuana. Commissioner Kirkmeyer stated the Commissioners take an oath of office to uphold the
State and Federal laws and growing and selling marijuana is not legal. There being no further
discussion, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JAMES WRENFROW FOR VIOLATION OF WELD COUNTY CODE: Troy Swain,
Department of Public Health and Environment, stated he is requesting that the Board order the
abatement of a nuisance condition. He stated James Wrenfrow has disposed of household trash which
was collected on his service route, onto his property, which is in violation of Section 30-20-102, C.R.S.,
and the Weld County Code. He stated the household waste on Mr. Wrenfrow's property constitutes a
nuisance and health hazard, and notice of the nuisance condition and today's hearing were delivered to
Mr. Wrenfrow on July 22, 2010. Mr. Swain stated he received a complaint from a citizen on July 21,
2010, as well as complaints and spill reports from the Weld County Sheriff's Office and the Colorado
Department of Public Health and Environment. He stated an inspection revealed that compacted
household trash from Mr. Wrenfrow's service route had a strong foul odor and was attracting flies and
birds. He stated the Department requested that Mr. Wrenfrow remove and properly dispose of the
household trash on his property, which has not been completed. Mr. Swain requested that the Board
of County Commissioners, acting in its capacity as the Board of Health, orders Mr. Wrenfrow to abate
the nuisance condition on his property within 24 hours, in accordance with Section 25-1-518, C.R.S.
He stated staff has provided photographs and other documentation to the Board, and the property
conditions remain the same as in the photographs. Chair Rademacher inquired as to why this matter is
not being considered at a regular violation hearing and he stated there appear to be numerous
violations on the property. Mr. Swain stated this hearing is just to address the trash on the property,
Minutes, July 26, 2010 2010-1688
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and it is being addressed today, as opposed to waiting for the next violation hearing, because the trash
is compacted; therefore, the trash is not bagged and it is exposed, and the matter is time sensitive.
Mr. Barker stated he has just e-mailed the Board a copy of Section 25-1-518, C.R.S., and he stated the
Board of County Commissioners is acting as the Board of Health on this matter, in accordance with the
Home Rule Charter. He stated the Board can order the property to be cleaned up within 24 hours and
if it does not happen, the Board can bill the property owner for the County's clean-up costs. He stated
the zoning violation will also be considered on August 9, 2010. Mr. Swain stated he spoke to
Mr. Wrenfrow this morning and he indicated he will not be able to attend today's hearing since he is
driving another company's truck to be able to pick up the trash on his routes today. He stated
Mr. Wrenfrow indicated last Wednesday it would take five (5) to seven (7) days for him to remove the
trash from the property; however, he is now unsure of how long it will be before he has the necessary
funds to remove the trash from his property. In response to Commissioner Conway, Mr. Swain stated
that Mr. Wrenfrow has stopped hauling new trash onto the property and the last load he brought to the
property was on Monday of last week. He stated there were approximately five (5) or six (6) loads of
compacted trash dumped on Mr. Wrenfrow's property, and the trash will expand if it remains on the
property. He stated last Wednesday staff requested that Mr. Wrenfrow cover the trash on the property,
and he subsequently covered a portion of the trash with plastic, which he weighted down with tires and
wood. In response to Commissioner Conway, Mr. Swain stated this situation is an immediate health
hazard, particularly due to the current high temperatures. He stated the Department may have to
initiate a bid process for removal of the trash or it may request assistance from the Department of
Public Works. Commissioner Conway stated he concurs the situation is serious, and he inquired as to
how long it will be before the County can commence the trash removal. Mr. Swain stated Mr. Wrenfrow
will have 24 hours to remove the trash from the property and if he does not, staff can initiate the bid
process tomorrow or the following day. He recommended enlisting the assistance of the Department of
Public Works if the companies that submit bids cannot commence the clean-up immediately. In
response to Commissioner Conway, Chair Rademacher and Commissioner Kirkmeyer indicated it is
unclear as to whether there is any hazardous waste among the trash. Mr. Swain stated hazardous
materials are sometimes disposed of with the household trash; however, he is mainly concerned about
potential rain events, which may create additional problems underneath the trash piles. Chair
Rademacher inquired as to whether the Board can forego the bid process and instruct the Department
of Public Works to clean up the property. Mr. Barker stated Chair Rademacher's suggestion is an
option; however, the Board does not have to decide on that issue today, and the Department of Public
Works may not have the necessary staff available to remove the trash from the property. Mr. Barker
stated the Board needs to determine whether the situation is a nuisance and if it is determined to be,
the Board needs to order the abatement of the nuisance situation within 24 hours, and if the nuisance is
not abated within 24 hours, the County can abate the nuisance and bill the property owner for the
expenses incurred. In response to Commissioner Kirkmeyer, Mr. Swain stated Mr. Wrenfrow indicated
his trucks are inoperable and he has hired another company to pick up the trash on his routes, which
he is participating in with one (1) of the contracted company's trucks. Commissioner Kirkmeyer stated
the Board will not have any patience regarding this issue, since Mr. Wrenfrow should not have been
dumping the trash on his property to begin with, and the Board should be considering who will be
completing the trash removal, since it is unlikely Mr. Wrenfrow will complete the trash removal within
24 hours. She stated the Board should also consider having the remainder of the trash covered with
tarps, since she is concerned about it raining and Mr. Wrenfrow's property being near numerous
irrigation ditches and canals. Mr. Swain stated he told Mr. Wrenfrow this morning that all the trash piles
need to be covered, and the Board can direct him to cover the trash piles; however, he needs the staff
and materials to do it. Commissioner Kirkmeyer stated the County can also hire someone to cover the
trash piles, and Mr. Swain concurred. Chair Rademacher provided the opportunity for public testimony;
however, none was given. In response to Commissioner Conway, Mr. Swain reiterated the matter was
brought to his attention as the result of a citizen complaint he received on Wednesday morning, and he
subsequently received a spill report from the Colorado Department of Public Health and Environment.
He stated there was also a spill report called into the National Response Center, which the
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Environmental Protection Agency informed the Department about. Further responding to
Commissioner Conway, Mr. Swain stated Mr. Wrenfrow indicated he dumped four (4) loads of
compacted trash on his property; however, it appears to be approximately six (6) loads, which he
estimates will fill approximately three (3) tractor trailers. He stated a portion of the trash remains
compacted; therefore, it is difficult to estimate the volume, and Mr. Wrenfrow has added some
household furniture to the trash piles. Chair Rademacher stated the matter needs to be quickly
resolved. Mr. Swain stated he does not believe simply covering the trash will resolve the matter. Chair
Rademacher stated he would like the Department of Public Works to immediately begin hauling trash
from the property. Mr. Barker stated the Board has to give the property 24 hours to resolve the matter,
according to State statute. Commissioner Garcia stated there is no monetary penalty listed in the
Resolution; however, Section 25-1-518, C.R.S., indicates a penalty can be assessed in the amount of
$100.00, if the property is not cleaned up within 24 hours. Mr. Barker stated the penalty applies to
situations when the property is successfully cleaned up, yet the process exceeded the 24-hour time
allowance. He stated the statute allows for the County to collect the expenses of the abatement, and
another section specifies the County can collect against the property owner personally. He stated the
expense of abating the entire nuisance will be far more substantial than $100.00. Commissioner
Conway moved to authorize the County Attorney to proceed with immediate legal action against James
Wrenfrow, to find the trash conditions are a health hazard, which constitute a nuisance, and to order
that the nuisance condition be abated within 24 hours or the property owner will be assessed the cost
of abatement. Commissioner Garcia seconded the motion. Commissioner Conway inquired as to how
soon the Board can waive the bid process, since he is worried about the ground and irrigation water.
Mr. Barker clarified the Board does not need to initiate a bid process, since the cost will be less than
$10,000.00 and a professional service contract can be drafted, which the Chair may sign without the
Board's approval. He stated if the cost is more than $10,000.00, the contract will be presented to the
Board at the following Board meeting. Commissioner Conway indicated he simply wants to ensure the
Weld County Department of Public Health and Environment has the tools necessary to quickly begin
abating the nuisance after the 24 hours have expired. In response to Commissioner Kirkmeyer,
Mr. Barker reiterated the State statute limits the potential fine the Board may impose to $100.00 and it
is generally applied to clean up efforts which exceed 24 hours, and he stated the fine must be against
the individual personally, as opposed to an assessment against the property. Responding to
Commissioner Kirkmeyer, Mr. Swain stated if staff suspects criminal activity is occurring on a property,
a referral is made to the District Attorney's Office. There being no further discussion, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance#2010-6 was 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, July 26, 2010 2010-1688
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:22 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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Weld County Clerk to B•:rd , ..
p i, rbara Kirkmeyer Pro-Tem
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Deputy Clerk to th= -e "5�'�/'
-91.11M1 Sean P. Conway
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Minutes, July 26, 2010 2010-1688
Page 9 BC0016
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