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HomeMy WebLinkAbout20090672.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 18, 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, March 18, 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 - EXCUSED Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick Controller, Barbara Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of March 16, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICE, COMPREHENSIVE PLAN REVIEW COMMITTEE - FRED WALKER, MARC ARNUSCH, DIANA AUNGST, JULIE COZAD, STAN EVERITT, BRUCE FITZGERALD, KARLA GRIESER, BILL HALL, TOM HOLTON, RICHARD MACOMBER, LARRY ROGSTAD, KAREN SEKICH, PAM SHADDOCK: Chair Garcia read said certificates for the record recognizing the various members of the Comprehensive Plan Review Committee. Julie Cozad thanked the Board for the opportunity to participate in this fulfilling experience. She also thanked the various staff members involved, and stated she thinks it is a good plan that will serve the County for a long time. Mr. Fitzgerald agreed and expressed his appreciation for the opportunity to serve on the Committee. He noted he resigned from being a Planning Commissioner so he could pursue this project, and he thanked his fellow Committee members for their positive interaction and also his wife for her support. Tom Holton thanked the Board for the opportunity to serve. He stated the review required a large time commitment, and he also expressed his thanks to the County staff. Bill Hall agreed with all of the previous comments, and stated he did not realize 2009-0672 O314O9 BC0016 certain County staff worked so many hours, and he appreciated their support. Chair Garcia stated this was a heavy-duty activity and he really appreciates the Committee members and their families for their dedication of time to provide Weld County citizens with a quality document. Commissioner Conway thanked the Committee members for their commitment of time away from their families, businesses, and other obligations. He stated this was a huge undertaking, the members did an outstanding job, and they took the responsibility very seriously. He further stated their legacy will be the foundation which has been laid for the Commissioners to use in striving to make Weld County a better place. Commissioner Long agreed with all of the previous comments. Commissioner Kirkmeyer added the updates and revisions were necessary, and the Board intends to follow-up and implement the plan in the future. COMMISSIONER COORDINATOR REPORTS: Commissioner Long stated yesterday he observed a prescribed burn on the Pawnee National Grasslands and talked with some of the Federal staff regarding the process that goes into creating a burn situation. He stated they take their jobs very seriously and strive to make sure all safety concerns are met and that the fire is kept away from any unintended consequences. However, he was discouraged by what he did hear in talking with the staff who indicated this is part of a National Burn Plan that is implemented, starting in Washington, D.C., prior to any burning event taking place. He stated the National Burn Plan establishes quotas to meet and a budget, and although they were not able to share the details of the budget, he would like to look at that aspect of the situation. Commissioner Long stated he expressed the Board's concern regarding the lack of moisture reserve being left in the land to regenerate and sustain growth; however, it became apparent that sustaining the land is not a priority of the National Burn Plan. He stated, starting in the 1990's, the National Forest Service has never not burned due to lack of moisture, and it only temporarily postpones burns due to high winds. He stated the impetus to do the burns is based on the National Burn Plan, and burning can be done cheaper in the Pawnee National Grasslands, rather than up in the mountains where there would be a benefit. He stated they bring trucks in from the Dakotas and fly in personnel, with a reported cost of $60,000.00 to implement, in addition to $66,000.00 to plan, and he questions the public benefit and what the real burden is to the tax payer. Commissioner Long stated, in the beginning, the main reason for burning on the Grasslands was to provide habitat for the Mountain Plover; however, studies have since indicated the Plover are not nesting in the burn areas. He stated, since the Plover habitat can no longer be used as a an excuse, the current claim is that the burns will re-establish historical burn patterns and provide a recreational opportunity. He stated it makes no sense to use taxpayer money to char the land and reduce the amount of protein available to the rancher to create a recreational venue for anything, and the County needs to investigate the matter further. Commissioner Conway commended Commissioner Long for his involvement through the years. He stated, based on Commissioner Long's report, he contacted Senator Udall's Office and indicated they are greatly concerned by the County's findings. He stated Senator Udall has requested the Board send a letter outlining the information and concerns, and he supports sending the letter to the entire Congressional delegation. He further stated, although it may have been a well-intentioned idea, it has been proven that the burns do not benefit the Plover, it does not enhance recreation in the area, and it certainly is not beneficial to the ranchers. Commissioner Conway stated yesterday's burn was planned a year and a half ago, with no local input, and it begs the question of why not. He stated the County has local fire resources available that could have done the job at a substantially less cost, if indeed a burn was needed, compared to bringing in outside personnel and resources. He stated it is unlikely that it only required $60,000.00 to drive the crews and equipment here, house the personnel, and the cost of a year's worth of planning. He further stated this forest service region has been struggling to find the appropriate funding for bark beetle suppression and other priorities, so, to see this type of expenditure of resources is outrageous. Commissioner Conway suggested the Board consider sending a letter to the Congressional delegation to ask key questions and raise an awareness regarding the National Fire Plan, which may have an impact much larger than Weld County. He stated the bark beetle infestation is creating a huge watershed issue Minutes, March 18, 2009 2009-0672 Page 2 BC0016 in the mountains, and he would prefer to see the funds protecting Grand Lake and the water that flows into the Big Thompson Water Project, which provides farmers, ranchers and communities with clean water. Commissioner Long stated the goal of the Forest Service is to lower the vegetative cover on the ground; however, the area ranchers have volunteered to provide land management and range cattle management, at no cost to the taxpayers, and even provide revenue through the purchase of grazing permits, therefore, he finds this whole burning practice unconscionable. He stated he supports sending a letter to the Congressional delegation, and he noted a copy of the Resolution, dated March 16, 2009, expressing opposition to the burns, was sent to the Congressional delegation and Interior Secretary Salazar; however, a response has not been received. Commissioner Kirkmeyer stated although she understands the intent of the National Fire Plan, the practice of prescribed burns in the Pawnee National Grassland region is very poor land management. She stated it is a result of two federal agencies which are not communicating, spending taxpayer money in an inappropriate way, not using Best Management Practices for the land, and doing it without local input. BIDS: APPROVE BID #B0900079, STEEL - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, referred to the Memorandum from the Department of Public Works, dated March 9, 2009, and reviewed the recommendations of approval for each product category for the record. Commissioner Long moved to approve said bid, as recommended by staff. Commissioner Conway seconded the motion, which carried unanimously. APPROVE BID #B0900080, CATTLE GUARDS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated the Department of Public Works recommends approval of the low bid from DBE Manufacturing, in the amount of $30,408.00 for eight complete cattle guards, and an additional $15,212.00 for 16 -foot panels and additional concrete foundations. Commissioner Conway moved to approve said bid, as recommended by staff. Commissioner Kirkmeyer seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER YEAR FOUR CONTINUATION APPLICATION FOR BUILDING HEALTHY MARRIAGES PROGRAM DEMONSTRATION GRANT AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of Human Services, stated this application is for the fourth year of funding for the Building Healthy Marriages Demonstration Grant. She stated the application is requesting $974,358.00 in federal funds, along with $110,190.00 of local cash match from the Colorado Works Maintenance of Effort Reduction Reserve, for a total of $1,084,548.00. Ms. Griego state the program will continue to serve couples in areas of pre -marital education, marriage enhancement, and marriage mentoring. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER 2009-2010 COMMUNITY SERVICES BLOCK GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the term of this agreement is from March 1, 2009, through February 28, 2010. She stated the Grant Agreement will help fund the Area Agency on Aging Volunteer and Senior Coordinator Services, which provide direction of the 21 senior nutrition sites, training to volunteers, the Transportation Unit through the Department of Public Works, pre and post employment services, door-to-door transportation for senior citizens (including volunteer and coordinator milage), and the Department's emergency assistance of low-income individuals. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER FOUR AMENDMENTS TO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated additional funds were recently Minutes, March 18, 2009 2009-0672 Page 3 BC0016 released through the supplemental process at the State level. She stated the funds must be spent by June 30, 2009, therefore, the term of the original agreements is being amended to the period of February 1, 2009, through June 30, 2009. Ms. Griego stated Meals on Wheels will receive an additional $10,000.00 to provide additional adult day services, North Range Behavioral Health will receive an additional $10,000.00 to provide adult day services, and Eldergarden and Catholic Charities will receive an additional $25,000.00 and $10,000.00, respectively, to provide increased meals and therapeutic and adult services. In response to Chair Garcia, Ms. Griego confirmed the additional funds will go directly to the provision of services and must be expended by June 30, 2009. Commissioner Kirkmeyer moved to approve said amendments. The motion was seconded by Commissioner Long, and it carried unanimously. CONSIDER TWO AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the two amendments are for specific children at the Griffith Centers for Children located in Colorado Springs and Larkspur, to provide day treatment and educational services. She stated the services will be funded by the Child Welfare Block Grant. Commissioner Long moved to approve said amendments and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 29 (71ST AVENUE) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - RICHARD, MARY ANN, AND ELSIE GOETZEL: Leon Sievers, Department of Public Works, stated this agreement is for the second of three parcels involved in the joint venture project with the City of Greeley. He stated the property is located west of 71st Avenue, at O Street, and the County will acquire 0.4588 acres of right-of-way, in the amount of $7,800.00, which is $17,000.00 per acre based on comparable sales in the immediate area. In response to Commissioner Conway, Mr. Sievers stated the Goetzels are a willing seller. Commissioner Conway moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. CONSIDER SUSPENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO - W1/2 NE1/4, S18, T7N, R66W: Mr. Barker stated Petro -Canada has requested a one-year suspension of the Oil and Gas Lease for the purpose of waiting until they get a market to sell the gas to and to install the necessary delivery pipelines. He stated the Code allows for the extension of time during periods when there is no marketability, and $240.00 is not due until the second year of suspension; however, they must request a suspension on a yearly basis. Mr. Barker stated he recommends approval of the request, and he noted the company also has one more lease in this section on which it will be making a similar request, since there is not a market in the area. In response to Commissioner Conway, Mr. Barker stated suspensions are not common; however, in this instance the company may have been caught off guard due to the recent steep decline in the market. He further stated a lot of wells were drilled in an effort to avoid the impending new rules that have been put in place, and many others were drilled when the market was booming and then got caught when it dropped. Responding further to Commissioner Conway, Mr. Barker stated approval of this request is not setting a precedent, and the terms of a suspension are clearly stated in the terms of the lease. Commissioner Conway moved to approve said one-year lease suspension. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER DUST BLOWING COMPLAINT - ARGY GEORGIOU: Stephanie Arries, Assistant County Attorney, stated Ms. Georgiou and the complainants are present, as well as Joyce Wallace from the Weld Greeley Conservation District. She further stated Tammy Segrua, Department of Human Services, is present to translate the discussion on behalf of Juan Ramirez and Maria Del Carmen. Mr. Barker supplied copies of Section 35-72-103(1), C.R.S., including five findings that must be made in order to proceed with an action concerning the matter. Minutes, March 18, 2009 2009-0672 Page 4 BC0016 Joyce Wallace, District Manager, stated she received a call from the County Attorney's Office, as well as from the complainant's daughter regarding blowing dust and onion skins caused by grazing and feeding of sheep on the Georgiou property. She stated she inspected the property and found the site in a de -vegetated state with a lot of sheep. Ms. Wallace stated she did speak with Ms. Georgiou and provided recommendations, including de -stocking the property, ripping the property into the prevailing wind to stop the dust from blowing, and clearing the silt line; however, she suggested keeping approximately 8 to12 inches to serve as a wind break. She further stated the fence line will need to be monitored, and she also suggested the spreading of cow manure to help stabilize the ground, and installing a silt fence, if necessary. Ms. Wallace indicated in speaking with the complainants, she believes the problem actually lies with a problem they are having with their neighbor to the south and previous actions that were taken against them. She stated the use of onions are biodegradable, and the District does not discourage their use as animal feed. Chair Garcia recommended Ms. Segrua sit with the complainants to relay to them the discussion provided by the consultant. Ms. Wallace indicated Ms. Georgiou's property will be treated much like range land, and she can use a dryland cover crop in order for the District to assist with re -seeding next fall if the region receives some much needed moisture. She further stated she intends to go out to the subject site this afternoon to check on the current conditions and any progress that has been made. In response to Commissioner Conway, Ms. Wallace estimated the property contains approximately 25 sheep and the primary areas of concern are the dry lots in the center and along the south end. She further stated the property is divided into three pens; the north lot does have vegetation to hold some soil in place, and the center and southern lots are bare ground. Responding further to Commissioner Conway, Ms. Wallace stated the property is not considered a Confined Animals Feeding Operation (CAFO). Chair Garcia clarified the Agricultural Zone District determines how many animals are allowed on the site; however, that matter may need to be addressed through a separate process. In response to Chair Garcia, Ms. Wallace stated there is a significant amount of silt built up on the northern end of the Ramirez property; however, there is not buildup along the entire property line. She noted the complainants seem to be more concerned with the onion debris blowing from the Georgiou property; however, it is a nonhazardous material and onions are an approved agronomic method for feeding animals. She further stated there is considerable risk of blowing dirt from the south lot; however, a silt fence would minimize the risk. Ms. Wallace stated her recommendation is based upon what needs to be done to stop the dust from blowing and restore good neighbor relations. (Clerk's Note: The following comments made by Ms. Del Carmen were translated by Ms. Segrua.) Ms. Del Carmen stated they have not been very clear on the process due to the language barrier; however, she expressed concern with the amount of animals on the Georgiou property and their method of feeding. She stated the onion debris and dirt are blowing onto her property, and she does not agree with Ms. Wallace regarding the basis of their complaint. She stated they want to be good neighbors, and they have been picking up the area and burning the trash that blows onto their property. Ms. Del Carmen requested consideration of mitigating the number of animals, since the dirt and trash is blowing across their property and onto the next neighbor to the south, who has consequently filed a law suit for a problem they are not causing. In response to Chair Garcia, Ms. Del Carmen stated they understand the testimony needs to be directed at the dust blowing issues on their property. She stated the excess dirt is killing their grass and damaging the fence line, and she submitted photographs of the conditions on the property, marked Exhibits A through D, which Ms. Segrua described for the record. Ms. Del Carmen indicated they have been unable to burn the tumble weeds because of the problems they are having with the neighbor to the south. Responding to Chair Garcia, Ms. Del Carmen requested the Board take action to prevent further damage from dust blowing onto her property. In response to Commissioner Conway, Ms. Del Carmen stated the problem is not just a result of a dry year, rather, the animal pens have no vegetation and there is nothing to prevent the dirt and trash from blowing onto her property. In response to Chair Garcia, Ms. Del Carmen stated this blowing situation has been going on for about 18 months. Minutes, March 18, 2009 2009-0672 Page 5 BC0016 Argy Georgiou stated they did not have problems with the complainants until they were faced with separate issues with their neighbor to the south. She stated she has worked to clean the silt away from the fence, they burn the tumbleweeds when they blow in, the ground has been chiseled, 23 loads of cattle manure have been spread across the area, and she is willing to install an electric wire to relocate the sheep. In response to Chair Garcia, Ms. Georgiou stated she prefers not to do a silt fence until they see how the manure works, and she noted the number of animals is currently higher since the sheep are lambing. She explained the lambs will be separated from the ewes at the end of April and kept in a separate pen. Responding to Commissioner Kirkmeyer, Ms. Georgiou stated they have reviewed the Land Management Plan, and although Ms. Wallace indicated it is too dry right now, they intend to plant seed when the conditions are right. She further stated they use the onion sacks to pick up trash, and other area neighbors will testify that they eliminate any tumble weeds. There being no further comments, Chair Garcia closed public testimony. Mr. Barker stated the statute indicates the Board must find that the blowing soil is injurious to private property, that an emergency exists, that blowing is occurring, that it can be materially lessened by curing the soil, and that property damage is occurring. Based on those criteria, he stated the only recommendation included in the Land Management Plan which could be included in the order is under item #2. Mr. Barker stated the plans provided by the various Conservation Districts are always very helpful; however, in this case the plan includes mitigation items that cannot be ordered pursuant to the statute as it relates to treatment of the soil. Commissioner Kirkmeyer stated it does not appear that there is an emergency, as the property owner has already taken action with the soil management, and relocating animals, etcetera. Mr. Barker explained often the emergency has passed by the time the inspection and report takes place, therefore, the Board must consider the terms of an emergency based on when it was happening, knowing that subsequent weather incidents may have temporarily ended the emergency, but if not treated the emergency will come back. Responding to Commissioner Conway, Mr. Barker stated if the Board cannot determine that an emergency exists, then the matter must be dismissed. Commissioner Conway stated it is tough to determine that an emergency exists considering the amount of work that has taken place on the Georgiou property through the consultation of the Conservation District. He stated the ground has been chiseled, manure has been placed, and it appears they have done a lot to try and foster neighbor relations. He stated it does not appear that an emergency exists, therefore, the matter should be dismissed. Commissioner Kirkmeyer stated there are times when people have done nothing to correct the situation; however, in this case, there is a Management Plan that is being implemented, and she thanked the Georgious for their efforts. She stated the emergency factor no longer exists, and Ms. Georgiou has indicated they will continue to work with the Conservation District. Chair Garcia agreed and added the difficulty in the matter seems to be issues other than dust blowing, such as the onion skins, number of animals, etcetera, and he encouraged the complainants to continue to communicate and resolve the outstanding issues with the neighbor to the south. He explained there have been other instances where an emergency was found, despite recent rainfall, based on ongoing land management practices; however, in this case, he feels the photographs do not show the severity of the amount of damage from 18 months of time. Commissioner Kirkmeyer moved to dismiss the complaint. Commissioner Conway seconded the motion, which carried unanimously. Chair Garcia thanked all those who attended, and Mr. Barker thanked Ms. Wallace for her review. Ms. Wallace stated they do their best to help resolve these types of issues, and for future reference she noted an emergency may also exist when the blowing dust affects range health. CONSIDER ESTABLISHING CHANGE FUND FOR SHERIFF'S OFFICE, WORK RELEASE: Barbara Connolly, Controller, stated the Work Release facility is now providing finger printing services for non -custodial individuals, and a $100.00 change fund is necessary to accommodate the service. Minutes, March 18, 2009 2009-0672 Page 6 BC0016 Commissioner Kirkmeyer moved to establish said change fund. The motion, which was seconded by Commissioner Conway, carried unanimously. CONSIDER COST TARGET ADJUSTMENT FOR 2009 FLEET MAINTENANCE - ALL STAR TECHNICAL SERVICES: Ms. Connolly stated All Star is the contractor which maintains County vehicles. She stated the company is requesting a 3.5 percent increase for a new contract amount of $1,577,180.95, and she recommends approval, with the adjustment to be effective as of January 1, 2009. Responding to Chair Garcia, Ms. Connolly stated the original contract did not establish a set annual increase. Commissioner Kirkmeyer moved to approve said Cost Target Adjustment. The motion was seconded by Commissioner Long. In response to Commissioner Conway, Ms. Connolly stated the increased amount is covered in the 2009 Budget. There being no further discussion, the motion carried unanimously. PLANNING: CONSIDER AMENDED RECORDED EXEMPTION #4745 - NPK INVESTMENTS, LLC: Chris Gathman, Department of Planning Services, stated the applicant has requested an amendment to the Recorded Exemption for a lot line adjustment. He stated Section 24-8-20.B.1 of the Weld County Code indicates the minimum size of any lot proposed with a public water supply is not less than one acre. He stated the minimum lot sizes do not apply in zone districts which allow smaller lots, or, where exempted by the Board of County Commissioners. Mr. Gathman stated the property is zoned Agricultural, therefore, the one -acre minimum does apply, per the Recorded Exemption regulations. He stated the applicant is proposing to straighten the lot line so that the southern parcel will include all of the existing improvements. He further stated the only concern is that the lot line adjustment will result in a 0.9 acre parcel on the north. Mr. Gathman stated the Department of Public Works is recommending the proposed access be moved further south to ensure the safety of the traveling public and improve sight distance issues. He also noted the property is completely surrounded by the municipal boundary for the Town of Pierce. Responding to Commissioner Conway, Mr. Gathman stated the applicant's representative can address the relocation of the proposed access. Don Dunker, Department of Public Works, stated the property is accessed from Carr Street, which is under the jurisdiction of the Town of Pierce. He further stated the parcel is not within a FEMA 100 -year floodplain, and the access should be relocated to avoid conflict with traffic from Schaefer Street to the north. Nolan Ulmer represented the applicant and stated he has no concerns with relocating the access on the plat. He stated the Town of Pierce may have some input on the exact placement, since the Town does intend to annex the property in the near future. Commissioner Long moved to approve said Amended Recorded Exemption #4745 for NPK Investments, LLC, with the Conditions of Approval and the modified access point. Commissioner Conway seconded the motion, which 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, March 18, 2009 2009-0672 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:40 a.m. ATTEST: Weld County Clerk to the Boa BY: Deputy Cler o the Board BOARD OF COUNTY COMMISSIONERS WELD OU COLORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sean P. Conway rbaye'$irkmeyer CC pre_ David E. Long Minutes, March 18, 2009 2009-0672 Page 8 BC0016 Hello