HomeMy WebLinkAbout20102866.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 6, 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, December 6, 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 — EXCUSED
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 November 29, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County citizen, indicated he spoke about the most dangerous
session in congress approximately a month ago, and he previously spoke about Winkelman, Arizona,
invoking the Data Quality Act regarding the Endangered Desert Tortoise. He stated the environmental
group, Wilder's Guardians, sued the U.S. Forest Service in the year 2008 to have the Desert Tortoise
listed under the Endangered Species Act, and the regional office is currently reviewing the State's
recommendation as to whether or not the tortoise warrants protection. He stated the study surveyed a
23 square-mile area, where three (3) different grazing techniques were used, and a strict protocol was
used in gathering the data. He stated the study showed no impact to the species from livestock grazing
and the primary impact had occurred years prior when people flocked to the desert to pick jojoba
berries and, as they camped, they relied on the Desert Tortoise for food. Mr. Meyer stated the Arizona
field office forwarded the listing recommendation to the regional office in August, 2010, and now that
the recommendation has been made, the Town of Winkelman can seek to verify the credibility of the
data provided by the Forest Service, based on the Data Quality Act passed by Congress in the year
2001. He stated the Data Quality Act was passed to ensure Federal agencies provide transparency to
the process of developing data, reviewing it for veracity and credibility, and using it accurately and in an
unbiased fashion. He stated this means that every report relied upon by the agency to make its
recommendation regarding the tortoise must ensure and maximize the quality, objectivity, utility, and
integrity of the information disseminated. Mr. Meyer stated the Data Quality Act guidelines create a
0 Minutes, December 6, 2010 2010-2866
Page 1 BC0016
path for local governments to require disclosure and verification from the Forest Service as to the
validity of the data relied upon. He indicated the data was determined to be unreliable as the result of a
coordination meeting.
Mr. Meyer stated the FCC (Federal Communications Commission) has decided to bypass Congress
and enact a Net Neutrality Act, which will take control of the internet.
Mr. Meyer stated the Obama administration, along with the Department of the Interior, has set aside
187,000 square-miles in the State of Alaska for the polar bear, under the Endangered Species Act. He
stated unbiased science has shown the number of polar bears is increasing and polar bears are not a
threatened species, and this will have a chilling effect on off-shore oil and gas exploration. He stated
this action is not about the polar bear and this is what the American Stewards of Liberty have been
warning people about. He stated what cannot be passed through the lame duck session of Congress
will be handled through regulations of the agencies, circumventing the vote of the Congress. Mr. Meyer
stated this is one (1) reason why Weld County needs a strong and legally sound coordination
Resolution. He stated the American Stewards of Liberty met in Morgan County with a group of citizens
from Lincoln County on November 17, 2010, who indicated they are facing a problem regarding the
Black-Footed Ferret in their County. He stated he hopes Weld County will consider an endangered
species coordination Resolution similar to the Resolution passed in Logan County, Kansas, to protect
Weld County from the introduction of any endangered, threatened, or sensitive species into the County,
and he encourages the Commissioners to enter into coordination meetings with the U.S. Fish and
Wildlife Service, and to use the Data Quality Act, to ensure that all scientific information and studies are
accurate and factual. He stated he hopes the Board will also officially notify the BLM (Bureau of Land
Management) and the EPA (Environmental Protection Agency) of its coordination status. Mr. Meyer
stated information is circulating that the EPA will circumvent Congress and take control of all the water
in the United States through new regulations; however, if Weld County has a proper coordination
Resolution, it will have legal standing.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1000162, RECYCLING OF WASTE TIRES - DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT: Monica Mika, Director of Finance and Administration, stated this bid was
presented to the Board on November 17, 2010, and Trevor Jiricek, Department of Public Health and
Environment, is recommending acceptance of the low bid from Snowy River Enterprises, which is
located within the City of Longmont, and the County has been using its services for the past three (3)
years. Commissioner Kirkmeyer moved to approve the low bid from Snowy River Enterprises.
Seconded by Commissioner Long, the motion carried unanimously
OLD BUSINESS:
CONSIDER AMENDMENT #3 TO TASK ORDER CONTRACT FOR DISEASE SURVEILLANCE
PROGRAM (WEST NILE VIRUS SURVEILLANCE AND TESTING) AND AUTHORIZE CHAIR TO
SIGN (CON'T FROM 11/29/10): Dr. Mark Wallace, M.D., Director, Department of Public Health and
Environment, stated this amendment is for the renewal of the West Nile Virus Surveillance Program,
and the County has been operating a Surveillance Program for a number of years, in conjunction with
the State. He stated the term of the amendment will be January 1, 2011, through December 31, 2011,
and the funds originate from the U.S. Centers for Disease Control and help to offset the costs for the
Department to collect, identify, and submit birds and vector mosquitoes for testing. He stated the
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amount of the funding will not exceed $21,350.00; it is an important program, which allows the
Department to work closely with surrounding communities, and to help notify the communities when the
human risk increases. In response to Chair Rademacher, Dr. Wallace stated West Nile Virus will
continue to exist, it has continued to affect a small number of people, and individuals continue to
occasionally die from the severe neuro-invasive form of the virus. He stated Weld, Boulder, and
Larimer Counties have the highest number of cases in the State of Colorado, and it is largely correlated
to the amount of irrigated lands within those areas. He stated water and temperature conditions will
affect the mosquito cycles and the Program monitors and traps mosquitoes, in order to notify people
when there is an increased human risk, based on the number of mosquitoes and the number of
mosquitoes carrying West Nile Virus.
Commissioner Conway inquired as to whether steps were taken to mitigate the Asian Tiger Mosquitoes
found near the City of Fort Lupton. Dr. Wallace stated there were no infections reported as a result of
the Asian Tiger Mosquitoes, and this is the second time Weld County has identified Asian Tiger
Mosquitoes. He stated there is not enough information available to suggest there is an issue the
Department can act on; therefore, the Department will continue surveillance and working closely with
others, in an effort to identify where the Asian Tiger Mosquitoes are coming from. He stated currently
there is not a belief that the Asian Tiger Mosquitoes will establish in the area. Dr. Wallace stated the
Department will monitor the area next summer to determine whether any action needs to be taken to
ensure the Asian Tiger Mosquitoes are not imported, since it is an imported mosquito. In response to
Commissioner Conway, Dr. Wallace stated it was thought the Asian Tiger Mosquitoes were being
imported in tire shipments and then breeding in areas where tires hold water; however, it does not
appear the mosquitoes are being established in the area in this way. He stated it was at the end of the
mosquito season when the Asian Tiger Mosquitoes surfaced in the area. Commissioner Kirkmeyer
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 11 AND 13 (CON'T FROM
11/29/10): Janet Carter, Department of Public Works, stated the closure will commence December 6,
2010, through December 12, 2010, in order to replace a culvert. She stated message boards were
used in advance of the closure, and road signs and barricades will be used throughout the closure.
She indicated the average daily traffic count for County Road 44 is 948 vehicles per day, according to a
traffic count taken this year, and the detour route is paved; therefore, no dust abatement measures will
be necessary. Commissioner Conway moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - LOT HOLDING
INVESTMENTS, LLC: Christopher Woodruff, Assessor, stated there are two (2) petitions for two (2)
subdivisions within this one (1) item of business. He indicated the petitioner is Lot Holding
Investments, LLC, for both of the petitions, and the subdivisions are Colony Point and Settlers Village,
which are both located within the Town of Milliken. He stated several lots have been valued as fully
developed over the years which were actually raw land; therefore, the lots were not correctly classified
according to stage of development. Mr. Woodruff stated many of the lots still have not been developed;
however, the property owner never filed any appeals and the mistakes did not come to staffs attention
until this year. He stated he will be making recommendations for the years 2008 and 2009, and the
changes have been implemented for the year 2010. He stated the original assessed value for the year
2008 was $337,316, for Settler's Village, and the corrected assessed value is $18,792.00, which results
in a tax abatement in the amount $44,156.00. He stated for the year 2009, the original assessed value
for Settler's Village was $275,010.00, and the corrected assessed value is $29,232.00, resulting in an
abatement of taxes in the amount of $32,362.00. Mr. Woodruff indicated the original assessed value
for Colony Point, for the year 2008, was $101,707.00, and the corrected assessed value is $6,612.00,
Minutes, December 6, 2010 2010-2866
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which results in a tax abatement in the amount of $13,095.00. He stated for Colony Point, for the year
2009, the original assessed value was $32,489.00, and the corrected assessed value is $10,440.00,
which results in a tax abatement in the amount of $2,903.00. Commissioner Long moved to approve
said tax abatements, based on staff's recommendation. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Bruce Barker,
County Attorney, indicated this and the next two (2) items are applications for licenses to conduct public
dances, and the licenses are valid for a period of one (1) year, commencing January 1, 2011, through
December 31, 2011. He stated there are no reported incidents involving the establishment; therefore,
he recommends approval of this application. Commissioner Long moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - A AND G CONCEPTS, INC., DBA BEARS SPORTS SALOON:
Mr. Barker recommended approval of the application. Commissioner Conway moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN — EATON COUNTRY CLUB: Mr. Barker recommended approval of the
application. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR A TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
EL CENTENARIO, INC., DBA EL CENTENARIO NIGHT CLUB: Mr. Barker stated this is a situation
where there were two (2) partners and one (1) of them surrendered the liquor license to the State. He
stated the State recommended the remaining partner follow the process to obtain a new license;
however, this establishment has been licensed at the same location for approximately three (3) or
four (4) decades. He indicated there have been no reported incidents at the establishment since the
applicant has been involved with it, and the applicant has submitted all the necessary documents and
the requisite fee. Mr. Barker stated the Board needs to find the evidence discloses that the applicant
has sustained the burden of proof as to the desires of the inhabitants, the applicant is of good character
and reputation, and the applicant has proven the reasonable requirements of the neighborhood.
Jose Rosales, Applicant, indicated he is present with a translator and available to answer questions.
Chair Rademacher stated Commissioner Garcia conducted an inspection and he reported it went well,
everything was in order, and he did not have any issues of concern. He gave the opportunity for public
testimony; however, none was provided. Commissioner Long moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 46 BETWEEN CRS 53 AND 57, AND CR 55 BETWEEN
CRS 44 AND 48: Ms. Carter stated said closure will commence December 13, 2010, through
December 17, 2010, in order to replace a culvert. She stated the majority of the detour route is paved;
however, there are two (2) segments which are not and will be treated with water for dust abatement.
She stated the average daily traffic count for the intersection is 85 vehicles, according to a traffic count
taken in the year 2008. Commissioner Conway moved to approve said temporary closure. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, December 6, 2010 2010-2866
Page 4 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 10 BETWEEN CR 71 AND SH 79: Ms. Carter indicated
this closure was originally scheduled for two (2) days and closures of this duration are not presented to
the Board as new items of business; however, due to scheduling conflicts, the road was closed for
four (4) days; from November 30, 2010, through December 3, 2010. She indicated she is presenting
the closure in order to follow the established protocol. Commissioner Conway moved to approve said
temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR RIGHT-OF-WAY ALONG STATE
HIGHWAY 392 BETWEEN CRS 74 AND 69 AND AUTHORIZE CHAIR TO SIGN - RODNEY WILSON:
Leon Sievers, Department of Public Works, stated this Deed of Dedication is for three-tenths of an acre
of right-of-way along the west side of County Road 69, north of County Road 74, and west of State
Highway 392. He stated this item was brought to his attention by the Department of Planning Services.
He stated Rodney Wilson is the owner of this property and he developed it into Recorded
Exemption #5008, and during the application process, the surveyor discovered a portion of County
Road 69 was on Mr. Wilson's property and outside of the County's right-of-way. He stated Mr. Wilson
would like to correct the situation by providing this Deed of Dedication for the portion of County
Road 69 which is on his property, at no cost to the County.
In response to Commissioner Kirkmeyer, Kim Ogle, Department of Planning Services, stated
Mr. Wilson's access point is on County Road 74. Commissioner Conway moved to accept said Deed of
Dedication and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF CR 137 RIGHT-OF-WAY - VICTOR AND
GREGORY HANSON AND VICKIE GREEN: Don Carroll, Department of Public Works, stated the
petition is to vacate one-half of the right-of-way identified as the County Road 137 Section Line,
between Sections 8 and 9, located approximately one-half mile north of County Road 82. He clarified
the petition is to vacate one-half mile on the west side of the Section Line, where County Road 137
would be located. He stated the adjacent property owner, Susie Kester, is located on the east side of
the half-mile Section, and she is not a signatory on the petition. Mr. Carroll stated the vacation would
not benefit the County, and the right-of-way is being used for seismograph and oil exploration, as well
as providing access to landlocked parcels. He recommended retaining the existing right-of-way
associated with the road petition, since it is costly and difficult to replace rights-of-way, and he indicated
the Department of Public Works requests that Ms. Kester relocate the fence and gate she placed on the
County right-of-way. He stated Section 8-6-170, Obstructions within rights-of-way, of the Weld County
Code, indicates the County reserves the right to maintain its rights-of-way without objects, such as
fences and gates, being located within the County rights-of-way. In response to Commissioner Long,
Mr. Carroll confirmed there is an existing County right-of-way and staff wants the gate installed by
Ms. Kester to be removed from the right-of-way, and he referred to a photograph within the submitted
documentation, which shows the end of the right-of-way has been gated from the Kester property to the
adjacent property located to the west. He stated the existing fence has been placed on the Section
Line, and the access is on the side where Victor and Gregory Hanson and Vickie Green own property.
In response to Commissioner Kirkmeyer, Mr. Carroll confirmed Ms. Kester is accessing the property
from the side where Victor and Gregory Hanson and Vickie Green own property.
John Berry, Attorney for Victor and Gregory Hanson and Vickie Green, indicated Victor Hanson is
86 years of age and he is confined to a wheel chair and living in an assisted living center; therefore, he
is unable to attend the meeting today; however, his son and daughter, Gregory Hanson and Vickie
Green, are present, who are also part-owners of the property, in addition to Victor Hanson. He stated
Victor Hanson farmed the property for many years before purchasing the property in the year 1988, and
he has added both his son and daughter to the title for the property. He stated Ms. Kester has
constructed a fence directly on the Section Line, which is approximately one-half mile long, and she has
Minutes, December 6, 2010 2010-2866
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blocked the right-of-way on her side of the fence and uses the right-of-way on the side with the
Hanson/Green property. Mr. Berry stated the farmer of the Hanson/Green property, Del Northup, could
not be here today; however, he has indicated he has trouble negotiating large equipment through the
30-foot right-of-way, since there are telephone poles along the west side of the right-of-way and the
fence is on the east side of the right-of-way, and as a result, Mr. Northup has had to bring some of the
equipment in through the Hanson/Green field, causing some loss of crop acreage. He stated it is
anticipated there may be additional oilfield traffic in the upcoming months if oil and gas drilling activity
increases as is expected. Mr. Berry stated the fence has been in the right-of-way for at least two (2)
years and the Hansons and Ms. Green have submitted the petition to vacate a portion of the County
Road 137 right-of-way since they have been unable to resolve this issue with Ms. Kester. He stated if
this portion of the right-of-way is vacated, the Hansons and Ms. Green would continue to utilize it and
Ms. Kester could utilize the east portion of the County Road 137 right-of-way or the other access she
has to her property. He indicated if this portion of right-of-way is vacated, it will not provide a solution
for the farmer; he will continue to have difficulty navigating his equipment. In response to
Commissioner Long, Mr. Berry confirmed the Section Line is not being disputed.
Ms. Kester stated she is the owner of the west half of Section 9, and she uses the road on the
Hanson/Green side of the fence for agricultural practices. She reiterated the fence is located on the
Section Line, and she indicated the gate is necessary to keep her bulls within the pasture. She stated
she would only be able to drive about 500 feet on the east side of the right-of-way before reaching a
huge washout area, and she would have to travel for 2,100 feet through her pasture, and then come
back in line with the route along the fence. Ms. Kester stated she uses the west side of the right-of-way
on a limited basis for heavy equipment, which requires a larger gate. She stated she bought the
property in the year 1994, and in the year 1995, her father installed two (2) corner markers and 12 line
posts along the Section Line, and then the Morgan County REA poles were installed. She indicated
Mr. Northup would continue to have trouble navigating his equipment, regardless of whether the fence
is there, due to the Morgan County REA poles and the telephone poles. Ms. Kester submitted a packet
into the record, marked Exhibit A. She indicated the fences for the Littlefields and Steffens properties
are on the west side of the right-of-way, and her fence is on the Section Line, which is why she needs
the 30-foot gate between the Section Line fence and the Littlefield/Steffen fences, to keep her livestock
on her property. In response to Commissioner Kirkmeyer, Ms. Kester clarified the Wetherbee property
is the same as the Littlefield property; she is unsure as to whether the Littlefields or the Weatherbees
currently own the property. Further responding to Commissioner Kirkmeyer, Ms. Kester stated the
Morgan County REA poles are located approximately two (2) feet to the west of the right-of-way, within
the Hanson/Green property. Mr. Carroll stated utility companies will typically install poles either directly
next to a right-of-way, or within a right-of-way. In response to Commissioner Kirkmeyer, Ms. Kester
indicated she began installing the Section Line fence in the year 1995; however, the fence was not
completed until the year 2007, which was the first year emergency grazing of CRP (Conservation
Reserve Program) properties was allowed, and this parcel was in the CRP until the year 2009.
Commissioner Kirkmeyer inquired as to why Ms. Kester installed a fence along the Section Line, within
the County right-of-way. Ms. Kester stated she wanted to install the fence on the west side of the right-
of-way 30 feet, to line up with the two (2) existing fences; however, there was an old fence buried in the
ground along the Section Line, and she decided to install the fence where the existing fence had been
placed. She indicated that if she had installed the fence 15 feet to the east of the easement, there is
the large washout area and other eroded areas which would have been problematic. Commissioner
Kirkmeyer inquired as to why Ms. Kester did not place the fence on her property. Ms. Kester reiterated
there was an existing fence on the Section Line and there are erosion problems on her side of the
fence. In response to Commissioner Kirkmeyer, Ms. Kester stated it is typical to place fences on
Section Lines in this area. Chair Rademacher and Commissioner Kirkmeyer indicated that is
problematic if people are placing fences along the Section Lines in this area. In response to
Commissioner Kirkmeyer, Ms. Kester indicated the trees shown in some of the photographs are located
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Page 6 BC0016
one-half mile east of the Section Line, within the east half of the west half of Section 9, and the trees
are not within the right-of-way.
Jim Green, husband of Vickie Green, indicated he would like to speak on behalf of his father-in-law,
who was unable to attend due to his physical condition. He stated this situation has been ongoing for
quite some time and there was originally a discussion about the fence being placed along the power
lines; however, Ms. Kester indicated it would be most fair to place the fence along the Section Line,
which would be fine if Ms. Kester utilized the right-of-way on her side of the Section Line. He indicated
his father-in-law wants to be able to enjoy the right-of-way on his side of the fence, and it could be
utilized as farmland until the road right-of-way is needed by the County. He stated Ms. Kester indicated
there is a ravine washout on her side of the fence; however, there is no more than approximately
30 feet of the ravine within the right-of-way on Ms. Kester's side of the fence, which is not an issue.
Mr. Green stated that Ms. Kester informed his father-in-law she was going to place road base on the
right-of-way on his side of the fence, and his father-in-law indicated he would prefer that Ms. Kester
place the road base on her side of the fence. He stated his father-in-law has tried to be a good
neighbor to Ms. Kester and he seeded approximately 100 feet of grass upstream of the washout, in
order to help prevent water from going onto Ms. Kester's property. He stated his father-in-law has
always tried to appropriately handle the situation with Ms. Kester. Commissioner Kirkmeyer inquired as
to whether the Littlefield/Wetherbee property utilizes the right-of-way for access. Mr. Green indicated
he is unsure; however, he doubts it very much because the property has been fenced on that side for
some time, and the Morgan County REA poles have been there for some time.
In response to Commissioner Kirkmeyer, Ms. Green indicated the Littlefield/Wetherbee property is
accessed from County Road 135. Ms. Kester stated Jim Walker raised cattle on the
Littlefield/Wetherbee parcel at one time, and he used her well and the County right-of-way to access
the cattle in the pasture and the well. Commissioner Long indicated there are various issues occurring;
however, the Board is only able to consider the petition to vacate the right-of-way, regardless of the
other issues surrounding the matter. Commissioner Kirkmeyer stated she is not willing to vacate any
portion of the County right-of-way in this area, and it would only exasperate the developing
neighborhood feud. She stated the Board can order that the fence and gate be removed from the
County right-of-way; the items should not have been placed there. Commissioner Long indicated there
needs to be a discriminating line for the right-of-way on either side of the Section Line. In response to
Commissioner Long, Mr. Carroll stated the County has 60 feet of right-of-way at this location.
Commissioner Kirkmeyer clarified there is 30 feet of right-of-way on either side of the Section Line.
Chair Rademacher stated part of staff's recommendation is that the removal of the fence and gate from
the County right-of-way be ordered by Board. Chair Rademacher indicated he is not willing to vacate
the County right-of-way, since there will be a lot of oil and gas activity occurring in this part of the
County, and the fence and gate should be removed from the right-of-way. Commissioner Kirkmeyer
moved to approve the Resolution. In response to Commissioner Long, Commissioner Kirkmeyer
indicated she believes the Resolution was written to support a denial of the petition. Commissioner
Conway seconded the motion. Mr. Barker clarified the Resolution was written as though the petition
were to be approved; not denied. Commissioner Kirkmeyer modified her motion to deny the petition to
vacate a portion of County Road 137 right-of-way. Commissioner Conway seconded the motion.
Commissioner Kirkmeyer indicated she rarely votes in favor of vacating County right-of-way, particularly
in this area of the County, where there is a lot of oil and gas activity and a lot of people needing the
County right-of-way to access their property. She reiterated she is also concerned that vacating the
right-of-way would exasperate the neighborhood feud, and she indicated the fence and gate should not
have been placed in the County right-of-way, and the fence and gate should be removed from the
County right-of-way. Chair Rademacher concurred with Commissioner Kirkmeyer. In response to
Commissioner Conway, Mr. Barker stated the fence and gate matters will not be considered in a
violation hearing if Ms. Kester does not remove the items from the right-of-way. He indicated
Section 8-6-170 of the Weld County Code refers to rights-of-way; however, typically, the County has
Minutes, December 6, 2010 2010-2866
Page 7 BC0016
used the Section to keep maintained County rights-of-way clear. He stated there are fences and gates
within County road rights-of-way throughout the County for the purpose of keeping people from entering
or dumping trash on the adjacent properties; however, the public has the right to utilize County
rights-of-way. Mr. Barker stated Section 8-6-170 of the Weld County Code has not typically been used
for the purpose of enforcing on rights-of-way the County is not maintaining on an ongoing basis. He
clarified the Section is broad enough to include any County rights-of-way, whether it is a maintained
road right-of-way or not; however, since this type of situation is prevalent throughout the County,
typically the County Attorney's Office has only enforced action against individuals who place objects in
maintained road rights-of-way. He stated the public has the ability to pursue an injunction against the
owner of the fence in court, in order to have the fence removed, and he has advised the Hansons that
they have the ability to do that. Mr. Barker indicated a number of oil companies have obtained
injunctions to have fences removed from County rights-of-way, when the fences are not voluntarily
removed and the companies need to utilize the rights-of-way. There being no further discussion, the
motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SPR #425 - RUBY
HAMMOND: Rich Hastings, Department of Public Works, stated, this is the final release of collateral
associated with Jessup Transportation, which is located north of County Road 4 and immediately east
of U.S. Highway 85, near Vestas Blades America, Inc. He indicated the drainage and access
improvements are complete and site inspections have been completed by staff, and he recommended
approval of the release of the collateral. In response to Chair Rademacher, Mr. Hastings stated the
amount being released is $588.45. Commissioner Long moved to approve said cancellation and
release of collateral for Site Plan Review #425. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #895 - WASTE
MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.: Mr. Hastings stated this is the North
Weld Landfill, which is managed by Waste Management Disposal Services of Colorado, Inc., and this
particular improvement was the construction of a new scale house further back from County Road 25,
to prevent the trucks from impeding traffic. He stated the facility also improved the access and all the
drainage and transportation items are complete, and both the Departments of Planning Services and
Public Works have completed inspections and recommend approval of the cancellation and release of
the collateral. In response to Chair Rademacher, Mr. Hastings confirmed the amount of collateral being
released is $60,000.00. Commissioner Kirkmeyer moved to approve said cancellation and release of
collateral for Use by Special Review #895. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #966 - WASTE
MANAGEMENT OF COLORADO, DBA BUFFALO RIDGE LANDFILL: Mr. Hastings stated the Buffalo
Ridge Landfill site is located north of the Town of Keenesburg, on County Road 59, and Waste
Management of Colorado has been involved in a long term maintenance agreement with the County
regarding County Road 59, as well as A-1 Organics. He indicated the Department of Public Works
determined an overlay was necessary, and Waste Management of Colorado and A-1 Organics
subcontracted with Asphalt Specialties to overlay the road, and each company paid its proportional
share. He stated the overlay was completed one (1) year ago and the Department of Public Works has
completed the final inspection of the overlay. Mr. Hastings stated Waste Management of Colorado has
a bond it has been using as the warranty collateral and the bond is getting ready to expire in a few
weeks. Mr. Hastings stated all the participants did a great job in completing the project, and he
recommended the bond be allowed to expire. In response to Chair Rademacher, Mr. Hastings
confirmed the collateral being released is in the amount of $380,000.00. Commissioner Kirkmeyer
Minutes, December 6, 2010 2010-2866
Page 8 BC0016
moved to approve said cancellation and release of collateral for Use by Special Review #966.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ACCEPTANCE OF FILING OF AMENDED SERVICE PLAN, REFERRAL TO WELD
COUNTY PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET HEARING
DATE FOR CONSIDERATION - SAINT VRAIN SANITATION DISTRICT: Mr. Barker indicated that
approximately two (2) months ago some discussions occurred among the Board of County
Commissioners and Dick Lyons, Attorney for the Saint Vrain Sanitation District, about the need for an
amendment due to the intent for an increased number of gallons to travel through the plant each day
and the intent of the District to expand the Service Area. He stated the amendments to the Service
Plan will make the District current in these aspects, and the dates listed within the Resolution have
been cleared with Mr. Lyons. He indicated that if the Resolution is approved, the Planning Commission
hearing will be scheduled on January 18, 2011, the Planning Commission recommendation will be
provided to the Board of County Commissioners by January 26, 2011, and the hearing before the
Board of County Commissioners will be scheduled for February 2, 2011.
Eric Doering, Manager, Saint Vrain Sanitation District, stated the District is glad to provide the
information to the County and to update the Service Plan with the amendment. He stated the
southwest portion of Weld County continues to grow, and the Saint Vrain Sanitation District provides
sanitation service to the communities in the area. He stated approximately 90 percent of the design
plans for the new plant are complete, and it is hoped that construction will commence in the spring of
the year 2011.
Mr. Lyons stated the State statute imposes a 30-day timeline; however, the District is willing to waive
the 30-day time period, in order to allow the Planning Commission adequate time to review the
amendment and make its recommendation to the Board of County Commissioners. Commissioner
Kirkmeyer inquired as to whether the proposed Service Area is consistent with the area voted on in the
election, to consolidate Dacono and the Tri-City Sanitation. Mr. Doering stated this is a new Service
Plan, to include an area which is not serviced by any municipality or District, and it is being included in
the Service Plan in anticipation of additional growth in the area and will be considered by the North
Front Range Water Quality Board early in the year 2011. He stated the current Service Area is
illustrated in Map 6, and Map 7 includes the area the District is anticipating providing service to in the
future. In response to Commissioner Kirkmeyer, Mr. Doering stated letters of support have been
submitted by the Towns of Milliken, Johnstown, and Platteville. Further responding to Commissioner
Kirkmeyer, Mr. Doering stated the proposed Service Area does not conflict with any existing
208 boundaries, and it may overlap with the Town of Milliken's Urban Planning Area boundary, south of
the river; however, the Town of Milliken has indicated it feels Saint Vrain Sanitation District will be better
able to serve the area in the future. Commissioner Kirkmeyer inquired as to whether there has been
any discussion regarding consolidating with the Town of Platteville, since it recently approved a large
development in the area, as well as annexing some areas up to County Road 38. Mr. Doering stated
the District is beginning to have discussions with the Town of Platteville, and there is a meeting
scheduled on Monday to discuss ways to cooperate, which may be consolidation, or it may be Saint
Vrain Sanitation District being identified to meet the Town's sanitation service needs. Commissioner
Kirkmeyer stated the City of Dacono shares a demarcation line with the City of Fort Lupton, and she
inquired as to whether the area between County Roads 19 and 21 was included in the Service Plan.
She stated the area was at one time serviced by Dacono Sanitation. Mr. Doering stated the Saint Vrain
Sanitation District serves the area, and the area up to County Road 21, through an intergovernmental
agreement with the City of Fort Lupton, which was developed approximately two (2) or three (3) years
ago. Chair Rademacher gave the opportunity for public testimony; however, none was provided.
Commissioner Kirkmeyer moved to accept the filing of an Amended Service Plan, refer the matter to
the Weld County Planning Commission for study and recommendation, and set a hearing date of
February 2, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, December 6, 2010 2010-2866
Page 9 BC0016
CONSIDER RECORDED EXEMPTION #5059 - TSUNAMI COMMUNICATION, INC., CIO TOWN OF
FIRESTONE: Kim Ogle, Department of Planning Services, stated the Town of Firestone submitted
two (2) Recorded Exemption applications for a land split in the same parcel. He indicated the first
Recorded Exemption was administratively approved in mid-November of this year, since the parcel was
eligible for a land split, in accordance with the Weld County Code; however, the second application has
been brought before the Board of County Commissioners today, since the applicants are seeking to
create an additional parcel within five (5) years of the previous Recorded Exemption on the same
property, which is not allowed without seeking approval from the Board, as indicated in
Section 24-8-40.M.1 of the Weld County Code. He stated Lot B of Recorded Exemption #5060 is not
eligible for a Recorded Exemption until five (5) years after the recording of the plat, and the plat has not
been submitted for recording as of today. Mr. Ogle stated the Recorded Exemptions are necessary to
subdivide the property and allow the Town of Firestone to purchase and take ownership of the lots, for
the existing and future water tanks. He stated the Town of Firestone was approved for two (2)
1.5 million gallon water tanks, under USR #1555 and SE #1118, in the year 2006. He stated the
locations of the existing and future water tanks are north and south of an all-weather access road,
which traverses a Public Service of Colorado power line. He stated Public Service of Colorado has
submitted a referral response that indicated the proposed USR presents no conflicts with its interests.
In response to Commissioner Kirkmeyer, Mr. Ogle confirmed there will be a water tank on each of the
proposed lots of the proposed Recorded Exemption, and he indicated the Town of Firestone chose to
apply for two (2) Recorded Exemptions, as opposed to one (1) Recorded Exemption.
Dave Lindsay, Engineer for the Town of Firestone, stated there is an existing access road which serves
Tsunami Communication, Inc.'s, radio tower and the oil and gas facilities on the property, which have
easements granted. He indicated the road travels along the highest portion of the property; therefore, it
is ideal for the tanks to be on either side of the road, since the key to tank location is high elevation. He
stated Tsunami Communication, Inc., did not want to convey a parcel to the Town of Firestone and then
have the Town of Firestone convey an easement back to Tsunami Communication, Inc., which is the
reason for the two (2) parcels. In response to Commissioner Kirkmeyer, Mr. Lindsay confirmed there
will be a small sliver of land which remains in the possession of Tsunami Communication, Inc. He
stated the Town of Firestone also has a small easement from Tsunami Communication, Inc., to access
both of the Town's facilities along the road, and the easement extends to the west, across the property
owned by Public Service of Colorado. In response to Chair Rademacher, Mr. Lindsay stated there is
only one (1) access to the property, and the proposed Recorded Exemption will utilize the existing
access. He stated Tsunami Communication, Inc., does not have a representative present; however, it
has been involved with the process from the onset and it has approved the proposed plats. Mr. Lindsay
stated the final payment has been made in the lease purchase arrangement the Town of Firestone has
with Tsunami Communication, Inc., and once the parcels have been created, the Town of Firestone will
take ownership of the two (2) properties. In response to Mr. Barker, Mr. Lindsay stated there is nothing
in writing from Tsunami Communication, Inc., acknowledging the Conditions of Approval. In response
to Commissioner Kirkmeyer, Mr. Lindsay clarified he is representing Tsunami Communication, Inc.,
regarding this matter and applied for the Recorded Exemption on its behalf; however, the Town of
Firestone is not the land owner. Further responding to Commissioner Kirkmeyer, Mr. Lindsay
confirmed the Town of Firestone has reviewed the Conditions of Approval. Commissioner Kirkmeyer
moved to approve Recorded Exemption #5059. Seconded by Commissioner Long, 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, December 6, 2010 2010-2866
Page 10 BC0016
There being no further business, this meeting was adjourned at 10:25 a.m.
BOARD OF COUNTY COMMISSIONERS
3E1 WELD COUNTY, C. •RADO
ATTEST: - �V
1861 ter!* > -s "ademache Chai
Wel' ounty Clerk to the Board '4O
O) ace. r.ara Kirkmeyer, Pro em em
Dept Clerk ' the Board
Sean P. Conway
EXCUSED
Willi F. Garcia
David E. Long
Minutes, December 6, 2010 2010-2866
Page 11 BC0016
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