HomeMy WebLinkAbout20090810.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 6, 2009
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, April 6, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - TARDY
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of April 1, 2009, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on April 1, 2009, as follows: 1) USR #1685 - Benjamin Hansford, Sr.; and
2) USR #1686 - Turnpike Limited Liability Company. Commissioner Long seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER AGREEMENT FOR JANITORIAL SERVICES FOR HUMAN SERVICES BUILDINGS AND
AUTHORIZE CHAIR TO SIGN - PORTER INDUSTRIES, INC.: Bruce Barker, County Attorney, stated the
agreement is the same form as previous agreements with Porter Industries, Inc., for other County
buildings, and he recommended approval of the agreement. In response to Chair Garcia, Barb Connolly,
Controller, confirmed this agreement is for the new Human Services Building. Mr. Barker clarified the
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County has been pleased with the janitorial services provided by Porter Industries. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF HOLLYAVENUE BETWEEN EAST 18TH STREETAND DEAD
END: Janet Carter, Department of Public Works, stated Holly Avenue, between East 18th Street and a
dead end, will be closed from April 13, through April 17, 2009, for a culvert replacement. She clarified the
culvert will be upgraded with a 48 -inch corrugated metal pipe, there is no current traffic count on Holly
Avenue, and no formal detour route has been established, therefore, dust abatement will not be provided.
In response to Chair Garcia, Ms. Carter confirmed there are several residences within the vicinity, and the
residents have been properly notified of the road closure. She clarified, although there is no detour route,
alternate access will be provided for any of the affected property owners, therefore, no property owners
will be denied access to or from their property during the closure period. Commissioner Rademacher
moved to approve said temporary closure. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AGREEMENT FOR EMERGENCY MANAGEMENT PERFORMANCE GRANT AND
AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Office of Emergency Management, stated the grant funds
provided by the State help to supplement the annual budget of the Office of Emergency Management. He
confirmed the application was approved by the Board, and submitted to the State in December, 2008. He
clarified he expected to receive approximately $47,000.00 in grant funds; however, $51,000.00 of grant
funds have been awarded. In response to Commissioner Rademacher, Mr. Rudisill clarified the annual
budget amount is submitted to the State, with a request for grant funds in the approximate amount of 50
percent; however, the amount determined to be eligible for reimbursement from the State is in the amount
of $51,000.00. Responding to Commissioner Conway, Mr. Rudisill further clarified the annual budget is
in the amount of $181,969.00, therefore, the eligible portion for reimbursement amounts to $90,984.00,
and the State approved grant funds in the amount of $51,400.00. He clarified the State is working with
FEMA in order to try and provide the entire 50 percent reimbursement level in the future. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
(Commissioner Kirkmeyer is now present).
CONSIDER DUST BLOWING COMPLAINT- PAT THORPE AND MARTHA FISCHER: Stephanie Arries,
Assistant County Attorney, stated the complaint was initiated by the Department of Public Health and
Environment. She confirmed Trevor Jiricek, Department of Public Health and Environment, indicated he
has worked with representative Boyd Byelich of the Longmont office of the Natural Resources
Conservation Service (NRCS). She indicated a site visit was conducted, and the tenant of the property,
Pat Thorpe, telephoned the County Attorney's Office to indicate she would like to meet with Mr. Byelich,
therefore, a meeting between the two was scheduled. Ms. Arries indicated she has only had contact with
the tenant of the property in question, Ms. Thorpe, who operates a boarding facility on the property, and
Ms. Thorpe is present today. She further indicated Allan and Shelley Carlson, surrounding property
owners, are the complainants, and they are in attendance today as well. In response to Commissioner
Rademacher, Ms. Arries clarified she has not had any contact with Martha Fischer, the property owner;
however, a notice of today's hearing was provided to her. She further clarified Ms. Thorpe is responsible
for any property issues which arise, and has been providing the necessary maintenance operations on the
property. Responding to Chair Garcia, Ms. Arries stated Mr. Byelich indicated he would be present at the
hearing today; however, he is not in attendance.
In response to Chair Garcia, Allan Carlson, surrounding property owner, indicated Ms. Thorpe has several
horses on the property, which have over -grazed the property down to bare dirt. He indicated any time the
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wind blows, the dirt blows from the site, making it impossible to see, and his house and yard are completely
covered with dust. He clarified he grows alfalfa in a field directly east of Ms. Thorpe's property, and the
alfalfa is covered by at least five inches of dust, which has choked out most of the hillside. He further
clarified the fence row contains a buildup of dust as well. Responding to Chair Garcia, Mr. Carlson
confirmed the dust problems began approximately four years ago, and the problems with the dust have
steadily increased in that time. He indicated a staff member from the Department of Public Health and
Environment finally came to view the site, and he met with a representative from the NRCS, and together
they viewed the property. In response to Commissioner Conway, Mr. Carlson confirmed the initial dust
concerns began approximately four years ago; however, the past two years have been unbearable anytime
the wind blows. He further indicated another surrounding property has also been affected by the dust,
which contains a renter who has lived on the site for only a few months; however, the previous tenant did
erect a tall wooden privacy fence, to try and eliminate the dust. Responding to Chair Garcia, Mr. Carlson
confirmed he raises cattle and has alfalfa and grass planted on his property, and the blowing dust has
choked out approximately three acres of alfalfa directly east of Ms. Thorpe's property.
Ms. Thorpe indicated her rental property contains just under40 acres, on which she boards 33 horses, and
the portion of the property directly adjacent to Mr. Carlson's property is approximately one -half -acre in size,
and contains a burn pit. She clarified there are also two horse pens, which are each approximately
one -quarter of an acre in size, and the property overall contains ten paddocks/horse pens. She indicated
a total of approximately ten acres have been re -seeded in native grass five times within the past thirteen
years; however, she is not sure what native grass was planted. She confirmed the dust conditions are
horrible, and the winds and drought conditions within the past two years have been significant. She
indicated her husband is battling lung cancer, and she is willing to do whatever she can to mitigate the dust
situation. She stated seven horses are contained within the paddock adjacent to Mr. Carlson's property,
only six horses are currently out to pasture, on the area where the native grass is planted, and she
confirmed the horses are kept in pens and are fed hay year-round, up to 200 tons per year.
Ms. Thorpe stated Mr. Byelich, the NCRS representative, has indicated that the construction of a snow
fence between the properties will help to mitigate the problem for Mr. Carlson, and the construction of
another fence, to be placed on the other side of the paddock, between the paddock and the pasture, was
also suggested. She confirmed she has agreed to construct the fence, and she clarified a previous tenant
on a surrounding property constructed a large wooden privacy fence to block the view of the new pool in
front of the garage. She clarified she has not met the new tenant of the property; however, she has
spoken with her son, who has installed a dirt track on the property which is utilized by go-karts. She
indicated another surrounding property owner, Mr. Docheff, operates a dairy, and Mr. Docheff has agreed
to partially re -seed the north pasture for her. She clarified Mr. Docheff has experienced complications with
his manure containment system, and her pasture has been significantly flooded with his manure, and the
small amount of grass at the top of the hill was killed by the overflow. She confirmed the property contains
little to no irrigation water, and each year her allowable usage gets cut back further. She indicated she has
concentrated on irrigating the north pasture, she is able to provide two adequate doses of irrigation water,
and the rest of the year she is dependent upon natural moisture. She confirmed she is trying to provide
adequate provisions for the animals in her care, and the dust has been blowing onto her property from the
construction of a treatment facility operated by the Town of Mead. She indicated she believed the dust
coming onto her property was just a way of life, which is why she hasn't provided any complaints. She
reiterated she agrees to construct a fence, as suggested by the NRCS representative. Chair Garcia
indicated the response provided by the NRCS representative also recommended spreading manure across
the soil surface and then ripping the soil on the site to create surface roughness. In response, Ms. Thorpe
clarified the NRCS representative did not address those recommendations with her, and the letter was
written before the representative had ever been on her property. She further clarified the representative
visited her property last week and suggested to her that the construction of a snow fence would be the best
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alternative. She indicated she believed the representative would have written a second, follow-up letter,
and in response, Ms. Arries confirmed a second letter has not been received from Mr. Byelich.
Commissioner Rademacher indicated he normally recommends that the property be watered down to avoid
dust problems; however, he understands that Ms. Thorpe does not have adequate water rights to do so.
Ms. Thorpe confirmed she only received 180 inches of water last year, and the pasture directly adjacent
to the Carlson property contains a big sink hole, therefore, whenever any irrigation is conducted, or a big
rainstorm occurs, the area fills up with water. She further confirmed when she moved to the property
thirteen years ago, the area was unusable and was actually fenced off. Responding to Commissioner
Rademacher, Ms. Thorpe stated the area has never been seeded, and is currently utilized as a paddock,
due to the size, and she believes Mr. Byelich suggested the construction of the fence due to the water
situation on her property. Commissioner Rademacher indicated he concurs with the recommendation of
the construction of the snow fence; however, he does not agree with the recommendation of applying thick
manure to the site, or ripping the soil, as it will only make the problem worse.
Ms. Thorpe clarified Mr. Carlson has not recently communicated with her, nor has he asked her to create
any improvements on her site, and she would have done whatever was requested of her. Chair Garcia
indicated the matter is difficult since it has been very dry within the past year. Ms. Thorpe indicated the
dust problems on the site are also hindering her financially, as she is currently experiencing increased
costs for hay. Responding to Commissioner Kirkmeyer, Ms. Thorpe indicated she does not own the
property; however, she does have a partnership with Ms. Fischer, the property owner, in which Ms. Fischer
is the mortgage holder, and she is responsible for all maintenance of the property, as well as providing
funds for the payment of the mortgage. In response to Commissioner Kirkmeyer, Ms. Arries confirmed
Ms. Fischer, as the property owner, also holds responsibility in this situation; however, no response was
provided by Ms. Fischer, and Ms. Thorpe has indicated she has assumed full responsibility forthe property.
Mr. Barker clarified State statute allows for an order to be made for either the owner or the occupant of the
property, and he recommends addressing the order to both Ms. Fischer and Ms. Thorpe. Responding to
Chair Garcia, Ms. Thorpe confirmed she speaks with Ms. Fischer on a daily basis, and she did receive the
letter sent by Ms. Arries. Ms. Arries clarified she did not receive a return receipt on the certified letter she
sent to Ms. Fischer. In response to Commissioner Rademacher, Ms. Thorpe confirmed she received the
letter from Mr. Byelich, dated March 26, 2009; however, she has not received any further letters from
Mr. Byelich or another representative of the NRCS. Further responding to Commissioner Rademacher,
Ms. Thorpe reiterated she is willing to construct a snow fence; however, she will need to speak with
Mr. Byelich again regarding the specifics of the fence because she is unsure of where the fence should
be placed.
Commissioner Rademacher confirmed the blowing dust is a problem, and an emergency exists. He
indicated he lives in close proximity, and he has personally witnessed the dry and windy conditions in the
area. He further indicated complaints have been received from all areas within the County, and dust
blowing is a difficult situation; however, Ms. Thorpe does have steps she can take to help mitigate the
problem. Mr. Barker suggested the Board make the appropriate Findings, and indicate that the
recommendations of the spreading of manure and ripping or chiseling the soil will not be beneficial.
Commissioner Rademacher concurred spreading manure will create other nuisance conditions. Chair
Garcia questioned whether re -seeding the soil could be considered as a part of the treatment, and
Mr. Barker confirmed that it is. Chair Garcia indicated he believes Ms. Thorpe should be required to
re -seed the area and to build the snow fence, as requested by the NRCS. Commissioner Rademacher
indicated the two paddocks in question may be too small to re -seed, so he is not sure if a recommendation
of re -seeding is appropriate.
Commissioner Kirkmeyer explained there has been horrible weather in the area; there is not adequate
irrigation water for this property; the horses on the site are confined, therefore she is not sure if some areas
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could be re -seeded; and Ms. Thorpe is experiencing dust blowing onto her property from other properties
as well. She indicated the dust blowing is a problem which is occurring across the county, and property
owners with common sense have already tried to re -seed the affected properties. She clarified State
statute does not allow the Board to order the construction of a fence, since it does directly treat the soil;
however, the Board can request that Ms. Thorpe construct the snow fence, as requested by the NRCS.
She indicated she is at a loss as to how to direct Ms. Thorpe, and an emergency will continue to exist as
long as the wind is blowing and a drought is occurring. Commissioner Conway indicated Ms. Thorpe has
agreed to take whatever action is necessary, and the testimony provided today confirms the problem has
been occurring longer than the drought. Chair Garcia indicated in other types of court cases, when the
respondents wish to comply in order to remedy a situation, an informal adjustment may be entered into,
in which the steps to be taken are agreed to, instead of issuing an order. He questioned whether it would
be possible to create an informal adjustment for dust blowing concerns, and in response, Ms. Arries
indicated State statute does not authorize such suggestions. Mr. Barker concurred with Ms. Arries and
stated the Board may make the appropriate Findings, and indicate there is no action to be ordered.
Commissioner Kirkmeyer moved to include all five Findings of Fact, pursuant to Section 35-72-103(1),
C.R.S., and ordered that the owner and tenant of the land re -seed all applicable areas, and work in
conjunction with representatives of the NRCS or Colorado State University (CSU) Extension Program, to
determine the best treatment of the soil. Her motion further included the request for the owner or tenant
to construct fences, as recommended by the NRCS, to help prevent the blowing of soil on the site. In
response to Chair Garcia, Commissioner Kirkmeyer clarified her motion does not include an order to
spread manure or to provide a deep ripping of the soil, as originally recommended by the NRCS, as both
would cause a worse problem. Commissioner Rademacher seconded the motion. There being no further
discussion, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND APPROVE SALE OF
SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barb Connolly, Controller, stated two plotters
utilized within Information Services have become obsolete, and two new plotters have already been
purchased as replacements. She indicated the plotters will be moved to the site for the Roller and
Associates Auction, and will be sold during the next scheduled auction for office equipment. In response
to Commissioner Rademacher, Ms. Connolly clarified plotters are utilized forthe creation of the large maps
which depict County Roads and legal descriptions throughout the County. Commissioner Conway moved
to declare certain equipment as surplus and approve sale of the same at auction with Roller and
Associates. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE SALE
OF SAME TO CARS -N -PARTS: Ms. Connolly stated a vehicle utilized within the Sheriff's Office was
involved in an accident, the vehicle was rendered to be totaled, and the necessary payment was provided
by the insurance company; however, the insurance company does not want to take possession of the
vehicle. She confirmed vendor Cars -N -Parts has offered the salvage fee of $500.00 for possession of the
vehicle, and staff recommends approval. Commissioner Rademacher moved to declare certain equipment
as surplus property and authorize sale of the same to Car -N -Parts. Seconded by Commissioner Conway,
the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC.: Brad Mueller,
Department of Planning Services, stated the agreement is required through Amended Use by Special
Review Permit #1259, which is known as the Riverbend site operated by LaFarge West, Inc., located west
of U.S. Highway 85 in the southern portion of the County. He indicated the business on the site is a gravel
mine, and prior to any mining activity occurring, collateral, in the amount of $342,553.10 will be submitted,
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Page 5 BC0016
and the Departments of Planning Services and Public Works recommend approval. Don Carroll,
Department of Public Works, indicated the site is located adjacent to County Road 6 and U.S. Highway 85,
and stretches north towards State Highway 52. He confirmed the agreement contains provisions for both
on -site and off -site improvements. Rich Hastings, Department of Public Works, stated the surrounding
properties owned by Asphalt Paving and Ag Industries are participating within a proportional share
agreement for the overlay of County Road 6, and once the LaFarge site is operational, a proportional share
for maintenance and improvements will be provided by the company. Commissioner Rademacher moved
to approve said improvements agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL FOR USR#1584 -GERRARD FAMILY LIMITED PARTNERSHIP, LLLP:
Mr. Mueller stated the facility was built over a year ago, and is located less than one mile south of
U.S. Highway 34 on County Road 13, and he confirmed the approval of this USR permit triggered the need
to re -pave a portion of County Road 13. He indicated the applicant is requesting a partial release of
collateral for the on -site improvements, in the amount of $40,923.87, therefore, the remaining amount of
collateral to be held is $29,996.40. He further indicated the procedures for collateral have been modified
and the amounts for both on -site and off -site improvements will be combined into a single agreement.
Mr. Hastings stated there have been a few minor issues with the off -site drainage for this facility, therefore
he completed an inspection on the outlet culvert. He confirmed the applicant was quick to mitigate the
issues, and all issues were repaired and are acceptable. Commissioner Kirkmeyer moved to approve said
partial cancellation and release of collateral and accept said replacement collateral. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER HOLDING IN ABEYANCE OF APPEAL OF DECISION OF THE BOARD OF DIRECTORS OF
BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 REGARDING THE GRANTING OF A
PETITION FOR EXCLUSION OF 39 ACRE PROPERTY: Mr. Barker stated he sent an e-mail to the Board
members, indicating a second appeal has been received, concerning the additional 39 acre parcel, and
the first petition concerned approximately 2,300 acres. He clarified the Board reviewed the first appeal
submitted, and reversed the decision of the Board of Directors, therefore, the matter has been referred to
District Court. He confirmed all parties involved have agreed to hold the second appeal in abeyance,
pending the outcome of the first appeal from the District Court. Responding to Commissioner Kirkmeyer,
Mr. Barker clarified the second appeal will be held in abeyance for as long as it takes for the District Court
to make a ruling, which could take up to a year. In response to Commissioner Long, Mr. Barker indicated
once the appeal is received, action must be taken, and if the matter is held in abeyance until a District
Court ruling, the matter will most likely resolve itself. Commissioner Long moved to approve said
resolution. Seconded by Commissioner Conway, 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, April 6, 2009 2009-0810
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
Weld County Clerk to the Boar
BY:� Z �u -4),/ 1,011
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,QOLORADO
Douglas ademacherPro-Tem
Sea9 P. Conway
C,Cuc t 7 /2��
ra Kirkmeyer / / i_ ti
Poc
David E. Long
Minutes, April 6, 2009 2009-0810
Page 7 BC0016
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