HomeMy WebLinkAbout20090792.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 1, 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 1, 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 - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 30, 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - MARK GONZALES, JERRY
BORGER, PATTY HUGHES, RICHARD BRADY, AND PAULETTE TARNASKY: Chair Garcia read the
certificates into the record, recognizing Mark Gonzales, Jerry Borger, Patty Hughes, Richard Brady, and
Paulette Tarnasky for their service on the Juvenile Community Review Board. Magistrate Mark Gonzales,
District Court, stated he served as an alternate for Richard Brady, Greeley City Attorney, on the Board;
therefore, he did not serve as much as Mr. Brady; however, he did participate on the Board and he
believes it is worthwhile and serves the community well.
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - DANA RUTZ, SARAH ELLIOT
CHACON, LUCILLE MANTELLI, AND PATTY JONES: Chair Garcia read the certificates into the record,
recognizing Dana Rutz, Sarah Elliot Chacon, Lucille Mantelli, and Patty Jones for their service on the
Workforce Development Board.
2009-0792
BC0016
RECOGNITION OF SERVICES, WELD COUNTY FAITH PARTNERSHIP COUNCIL- ROGER WALTER:
Chair Garcia read the certificate into the record, recognizing Roger Walter for his service on the Weld Faith
Partnership Council. Chair Garcia thanked everyone who voluntarily serves on Weld County's Boards and
Commissions; he appreciates them dedicating their time to public service. Commissioners Rademacher
and Kirkmeyer concurred with Chair Garcia's comments.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B0900074, ENGINEERING SERVICES FOR IMPROVEMENTS ON CR 7 (SH 56 TO
CR 48) - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, read
the names of the 29 vendors that submitted a bid into the record and stated all of the vendors that
submitted a bid are located in Colorado. Said bid will be presented for approval on April 15, 2009. She
stated the process was based on a Quality Based Proposal; therefore, some of the vendors have already
been ranked based on interviews with staff; however, additional documentation will be forthcoming.
NEW BUSINESS:
CONSIDER THREE AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Human Services,
stated the amendments were reviewed at the work session conducted on March 23, 2009. Ms. Griego
stated the agreement with Luis Guillermo Calle, LPC, will be amended to increase the amount in the
agreement from $5,000.00 to $8,000.00, and the term of the agreement will remain the same. She stated
the agreement with Reflections for Youth, Inc., will be amended to increase the amount in the agreement
from $60,000.00 to $80,000.00; and the agreement with Sabio House will be amended to increase the
amount of the agreement from $30,000.00 to $50,000.00. Commissioner Long moved to approve said
amendments and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
LUTHERAN FAMILY SERVICES: Ms. Griego stated the agreement is for a short term, commencing
March 18, 2009, through April 20, 2009. She stated Lutheran Family Services has agreed to help the
Department with its case management services for foster care parents and group home parents. She
stated the maximum cost for the services will be $3,800.00 and it will be paid from the Child Welfare fund.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
EL PUEBLO: Ms. Griego stated the agreement is for day treatment services and will cost an amount not
to exceed $6,000.00, which will be paid out of the Core Services fund. She stated the term of the
agreement is March 16, 2009, through May 31, 2009. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR WELD COUNTY YOUTH
CONSERVATION CORPS, AMERICORPS PROGRAM, AND AUTHORIZE ELECTRONIC SUBMITTAL:
Ms. Griego stated the application is for an expansion grant to commence June 1, 2009, through
May 31, 2010, and it was reviewed at the Board's work session conducted on March 23, 2009. She stated
the application is for an additional eight -member corp and for a total award of $100,800.00 from the
Federal government. She stated the County will provide a cash match in the amount of $44,000 and an
additional in -kind match, for a total County contribution of $115,712.00 and a total funding amount of
Minutes, April 1, 2009 2009-0792
Page 2 BC0016
$216,512.00. Commissioner Long moved to approve said application and authorize electronic submittal.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 7 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - AURORA
LOAN SERVICES, LLC: Leon Sievers, Department of Public Works, stated this is the third of five parcels
to be acquired on the County Roads 7 and 48 Strategic Roads Project, and the parcel is located east of
County Road 7 and approximately one-half mile south of State Highway 60. Mr. Sievers stated the County
is acquiring 0.138 acres of right-of-way for $2,000.00, which is $15,000.00 per acre and based on an
appraisal report by Foster Valuation Company. He stated the land owner will also be reimbursed $650.00,
for the cost of replacing two trees and some other landscaping materials. In response to Chair Garcia,
Mr. Sievers stated the seller is a willing seller, and the amount to be reimbursed for the two trees is a fair
amount. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign
any necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 23.75 BETWEEN CRS 64.75 AND 66: Janet Carter,
Department of Public Works, stated the closure will commence April 6, 2009, through April 9, 2009, for the
purpose of replacing a culvert and the detour route is entirely paved; therefore, no dust abatement
measures are necessary. She stated the average daily traffic count for County Road 23.75 is 145 vehicles,
according to a 2007 traffic study, and road signs and barricades will be used to advise drivers of the
closure. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PERFORMANCE OF ACCOUNTING
SERVICES AND AUTHORIZE CHAIR TO SIGN - GREELEY-WELD COUNTY AIRPORT AUTHORITY:
Mike Reisman, Greeley -Weld County Airport, stated the Airport Authority and Weld County have had an
informal administrative arrangement for accounting services, and the intergovernmental agreement will
formalize the arrangement. Mr. Reisman stated various County staff members and Chair Garcia were
involved in the creation of the agreement, and all of the issues the Airport Authority had with the agreement
have been resolved. Chair Garcia stated Stephanie Arries, Assistant County Attorney, and Barb Connolly,
Controller, did a great job with their involvement in creating the agreement. Mr. Reisman stated Janet
Reichert, Accounting, also did a great job and he thanked everyone for their input and coordination. In
response to Commissioner Kirkmeyer, Mr. Reisman stated the County pays for the accounting services
for the Airport. Responding to Commissioner Kirkmeyer, Ms. Connolly stated the County has an Indirect
Cost Plan prepared each year, and the charges for last year's Plan were approximately $24,000.00.
Commissioner Kirkmeyer stated the agreement requires the County provide six months notice if it is going
to terminate the arrangement; however, the Airport can terminate at any time. Mr. Barker stated the
reason the agreement is drafted this way is because if the County terminates, the Airport will have to find
another service provider; however, if the Airport terminates, the County will simply no longer provide the
accounting services for them. Mr. Reisman concurred with Mr. Barker's explanation, and he stated he
agrees with the statement that there is no direct payment from the Airport for the accounting services
provided by the County; however, there is a fiscal consideration the County receives, which is that the bank
interest on the Airport's treasury balance is retained by the County. In response to Commissioner
Kirkmeyer, Mr. Reisman stated he is unsure of the amount of the interest generated; however, it is
probably less than the value of the services provided to the Airport from the County. Further responding
to Commissioner Kirkmeyer, Mr. Reisman stated the reason the agreement process was initiated is former
Commissioner Bill Jerke felt it was important for an agreement to be in place between the Airport and the
County. Commissioner Kirkmeyer inquired how much revenue is generated by the Airport. Mr. Reisman
stated the Airport annually generates approximately $500,000.00 to $600,000.00, and the oil and gas
revenue has historically been under $10,000.00 per year; however, the amount may become more
significant in this and future years since the Airport received its first payment for a three-year project, in
Minutes, April 1, 2009 2009-0792
Page 3 BC0016
the amount of approximately $67,000.00. He stated he is unable to project the oil and gas revenue for the
year this early; however, it is a goal of the Airport Board to invest the majority, and possibly all, of the
money generated from oil and gas into a variety of investments which will hopefully create a large enough
principle balance to generate interest to be funneled back into the Airport budget. Commissioner
Kirkmeyer stated she wants to make sure the Airport Board understands the County has been providing
the accounting services for free since its inception. Commissioner Rademacher stated the increased
revenue generated from oil and gas should be able to cover the Airport's accounting expenses and the
Board may want to reconsider the arrangement next year. Mr. Reisman expressed his appreciation for
the service the County has provided. Chair Garcia stated the Airport Authority does recognize the service
provided by the County. Commissioner Rademacher moved to approve said intergovernmental agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated there
were no concerns expressed by the Sheriff's Office regarding this renewal, and representatives from the
Sheriff's Office do not attend the meetings when the Board is considering liquor store license renewals.
Commissioner Rademacher moved to approve said renewal application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SUSPENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY
WELD COUNTY, COLORADO - NW1/4, S11, T1 N, R61 W: Mr. Barker stated this is a request to suspend
the requirements of an oil and gas lease for a period of one year, due to the pipeline being at full capacity
and unable to handle more production. Commissioner Kirkmeyer moved to approve said suspension of
lease for one year, based on staff's recommendation. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM FOR
CR 49 OVERLAY PROJECT (TIER I) AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Mika stated
the application is being submitted for an overlay project for a four mile stretch of roadway on County Road
49, which was originally on the 2010 Work Plan; however, this is an ideal project to pursue Tier I funding
for this year and there will also be stimulus money available to help cover the expense. She stated the
total cost will be $413,320.00, and the County match will be $231,320.00. In response to Commissioner
Rademacher, Ms. Mika stated the money for the Project has been budgeted. Ms. Connolly clarified the
money will be taken out of the budget for current projects. Commissioner Kirkmeyer stated it is more
important to consider the Project in the 2010 budget, rather than in the 2009 budget, since it may be 2010
before the Project is contracted. In response to Commissioner Kirkmeyer, Ms. Mika stated the Project will
proceed in 2010 if the application is not approved. Commissioner Rademacher moved to approve said
application and authorize electronic submittal. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM FOR
CR 74 PAVING PROJECT (TIER II) AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Mika stated the
Project is for improvements to the gravel portion of County Road 74, between State Highway 392 and
County Road 61, which is a four mile stretch. She stated two types of projects are proposed for County
Road 74; this one is for paving, and the other is an overlay project. She stated the overall proposed
construction cost is $1,491,000.00, including a County cash match in the amount of $775,500.00. In
response to Commissioner Kirkmeyer, Ms. Mika stated the Project is proposed for this year.
Commissioner Kirkmeyer stated after reviewing the JVC documents for the 2008-2009 Budget
Supplemental, she is aware they need another 204 million dollars due to the economical conditions and
changes in funding sources. She stated the Federal Mineral Lease Program and the Severance Tax funds
may be used for the budget shortfall; therefore, there may not be a Mineral Impact Assistance Program
Minutes, April 1, 2009 2009-0792
Page 4 BC0016
in six to twelve months. Ms. Mika stated a portion of the road was identified for stimulus funding;
therefore, a portion of the improvements on County Road 74 will be considered by the Board at another
time. Commissioner Kirkmeyer stated the use of these funds is supposed to be used for local government
impacts related to the energy industry; specifically, the production, conversion, and operation of energy.
She reiterated the State is considering using all of the funds to cover its budget problems. Chair Garcia
thanked Commissioner Kirkmeyer for bringing it to the Board's attention that the funding may not be
available for the Project next year. Mr. Barker stated it is good to have this information. Commissioner
Kirkmeyer moved to approve said application and authorize electronic submittal. Seconded by
Commissioner Rademacher, the motion carried unanimously.
OLD BUSINESS:
CONSIDER DUST BLOWING COMPLAINT - LUIS NUNEZ AND ROGELIO NUNEZ (CON'T FROM
03/30/09): Stephanie Arries, Assistant County Attorney, stated the complainants, Michael and Karen
Grillos, and representatives of the Nunez family, Rogelio Nunez, Jr., and Rogelio Nunez, Sr., are all
present today. Ms. Arries stated she spoke with the representative for the Adams County Conservation
District, Karen Mandujano, on Monday and she was attending to a family matter concerning a terminally
ill relative and she has not heard from her since then. In response to Chair Garcia, Ms. Arries stated
Tammy Segura, Department of Human Services, will be translating for the Nunez family. Chair Garcia
requested that Ms. Segura sit with the Nunez family. In response to Mr. Barker, Ms. Arries stated the
County became aware of the complaint when Mr. Grillos submitted a letter, at which time she forwarded
the information to the Adams County Conservation District, since the property is located outside of Weld
County, and the matter was investigated by an Adams County conservationist, Ms. Mandujano. She stated
Ms. Mandujano indicated she conducted a site visit to the location the complaint is regarding and her report
indicated she did not observe a foot of soil along the fence line from blowing; however, there were six to
eight inches of soil deposited, and she indicated the Nunez family has strived to comply with the
recommendations made last year; however, as a result of the drought, it will take some time to fully
comply. She further stated Ms. Mandujano provided recommendations to correct the dust blowing issue
to the Nunez family and she indicated the willingness of her office to assist in implementing the steps for
planting and achieving an adequate reduction of dust blowing. Ms. Arries stated Ms. Mandujano will
provide a more detailed report once the follow-up visit occurs. She stated the Nunez family had used dry
manure and Ms. Mandujano indicated the manure needs to be wet. Commissioner Rademacher stated
under the temporary options listed, Ms. Mandujano suggests spreading 30-40 tons of manure per acre and
the amount seems extremely excessive. He further stated the recommendation specifies the manure be
free of weeds and he is not sure where weed -free manure can be obtained. In response to Commissioner
Rademacher, Ms. Arries stated the recommendations were made by the Natural Resources Conservation
Service (NRCS). Commissioner Rademacher stated he is not sure he could comply with the suggestions
given to the Nunez family. Chair Garcia inquired as to the standard number of tons per acre used in other
dust blowing cases. Mr. Barker stated each situation is reviewed on a case by case basis. Commissioner
Kirkmeyer concurred with Commissioner Rademacher that the amount of manure suggested seems
excessive and she stated after the first rain, the large amount of manure will create another issue; odor.
She stated if she were a neighbor of the Nunez family, she would not want 30-40 tons of manure per acre
to be applied as a resolution to the dust blowing issue. Ms. Arries stated if the Board has specific
recommendations for practical solutions for the Resolution she is interested in hearing them, since some
of the Board members have experience with farming, and she wants to know if the NRCS
recommendations seem impractical or inappropriate to the Board. Commissioner Kirkmeyer stated the
recommendation regarding manure is impractical and other nuisance factors need to be considered, such
as flies and odor, which will occur as a result of following the recommendation. Commissioner
Rademacher stated the manure suggestion is not practical at all; however, there is no easy answer due
to the dry conditions and high winds.
Minutes, April 1, 2009 2009-0792
Page 5 BC0016
Mr. Grillos, complainant, stated this matter came before the Board last June and the dust blowing
conditions are caused by overgrazing the land. He stated the Board's findings were partially implemented;
however, the seeding/crop cover suggestion has not been followed, and he wants the Board to follow up
on the findings from last year's report. Mr. Grillos submitted two photographs into the record, marked
Exhibits A and B. He explained Exhibit A is a photograph of his property and Exhibit B is a photograph of
the same area on a windy day. He submitted Exhibit C into the record and explained these are two
photographs from before there was a dust blowing concern to illustrate the condition of the field on the
property approximately four years ago. In response to Commissioner Rademacher, Mr. Grillos stated the
dust blowing situation significantly worsened approximately three years ago. In response to Commissioner
Kirkmeyer, Mr. Grillos clarified Exhibit C's photographs were taken when the Grillos initially purchased their
property. Commissioner Kirkmeyer inquired as to which Board findings have not been implemented.
Ms. Grillos stated the Nunez family was directed to complete the process on or before July 4, 2008, and
if they did not do so, the County was to employ a person to perform the steps listed, according to the
Board's findings on June 2, 2008. She stated the Nunez family has not begun implementation of any of
the steps to remedy the dust situation, and the condition of the property is not related to the drought; it is
caused by overgrazing the land. In response to Chair Garcia, Mr. Barker stated the remedial measures
listed in the Board's findings included deep chiseling of the soil and spreading of manure, and the
measures were to be taken on or before July 4, 2008. Commissioner Rademacher stated the Resolution
proposed today recommends leaving the manure on top of the soil and not incorporating it. Commissioner
Kirkmeyer stated this years recommendations are different than last year's. In response to Commissioner
Kirkmeyer, Mr. Barker stated last year's Resolution did not require any seeding to occur. Mr. Grillos stated
there was a finding provided to the Board, regarding seeding, from the Adams County Conservationist.
Mr. Barker clarified the orders specified chiseling and manure being spread. In response to Mr. Barker,
Ms. Grillos stated she was not aware chiseling was plowing; however, the Nunez family has plowed the
property and manure was introduced on a portion of the property; however, it remains in mounds and has
not been spread. In response to Commissioner Kirkmeyer, Mr. Grillos stated his family owns five acres,
and the Nunez family owns 30 acres. Ms. Grillos stated it was highly recommended that the grazing cease
and the animals be removed; however, the Nunez family did not follow the recommendation. In response
to Chair Garcia, Mr. Grillos stated he would much rather see a seeding effort take place to stabilize the soil,
rather than 30-40 tons of manure spread on the property. Mr. Grillos stated there is dryland agriculture
located to the west and south; therefore, there must be some kind of known agricultural practices available
to stabilize the soil. Mr. Grillos submitted another photograph into the record, marked Exhibit D. In
response to Chair Garcia, Ms. Grillos stated Exhibit D was photographed approximately March 22, 2009.
In response to Commissioner Rademacher, Mr. and Ms. Grillos stated the NRCS never met with them
regarding the matter and they did not have any input regarding the remedial steps recommended by the
NRCS.
Rogelio Nunez, Jr., Town of Hudson resident, stated his family has taken steps to farm the land; however,
when the order was given to his family last summer by the Board to chisel the field, the soil was dry and
it did not rain until August, at which time he chiseled the soil once more. Mr. Nunez stated his family has
applied manure and made the effort to resolve the dust blowing; however, without rain they have not been
able to plant seeds. He stated once the snow melts he will chisel the soil again and plant seeds. He stated
he does not believe the land was overgrazed; the family owns one horse, four goats, and three cows. In
response to Chair Garcia, Mr. Nunez stated sand blows from the land east of his family's property also,
and the dust is unstoppable and blowing from all directions; however, surrounding properties have not
been chiseled. Mr. Nunez stated his family does not complain about dust blowing from surrounding
properties because the wind cannot be controlled, and even if one million tons of manure are applied to
the soil, it will simply dry up and blow away, more so than the dirt because it is lighter than the dirt. In
response to Chair Garcia, Mr. Nunez stated the NRCS recommendations include planting a cover crop and
removing the animals from the field, which the family is willing to do; however, the drought is severe and
Minutes, April 1, 2009 2009-0792
Page 6 BC0016
not many plants will grow in the sandy portion of the field. Commissioner Rademacher inquired how many
animals the Nunez family is permitted to have on 30 acres. Mr. Barker stated the Nunez family may have
approximately 35 animals on the property.
Michelle Martin, Department of Planning Services, stated the number of animals permitted depends on the
type of animal being considered, for example, the family may have four horses or cows per acre; however,
the family may have 40 goats per acre. In response to Commissioner Rademacher, Ms. Martin stated the
Nunez family is far under the use by right limits concerning animals.
Responding to Commissioner Rademacher, Mr. Nunez stated his family has not tried to plant seeds since
the year the property was purchased, at which time they planted wheat, and it grew well; however, he
would prefer to plant something like dryland grass, or alfalfa, which will regenerate. Mr. Nunez stated the
NRCS provided paperwork for the family to submit to request assistance, which he plans to complete, and
after doing so the NRCS will provide suggestions regarding which crops will grow best. He stated when
the Board told the family to chisel the land and spread manure, his family did so within three weeks of
Board's recommendation; however, due to the drought, the chiseling was not effective; therefore, he
chiseled again after it rained in August. He stated his father had warned him if they followed the
recommendation of the Board and chiseled the soil during the drought, the sand would blow more, as a
result of the chiseling, than it was blowing at the time, and this is what occurred; therefore, it was a mistake
to chisel the soil before it had rained.
Commissioner Kirkmeyer inquired if the NRCS option of using silt fabric fencing along the southwest of
the property line is an acceptable solution to the Nunez family. Mr. Nunez indicated he is not familiar with
silk fencing. Commissioner Rademacher explained the black fences which are approximately three feet
tall and around oil and construction sites is silt fencing. Commissioner Kirkmeyer stated the NRCS
recommendations state native grasses can be drilled into sorghum and sudangrass; however, the deadline
given is April 30, 2009. Mr. Nunez stated as soon as the snow thaws he will chisel the soil again and will
plant seeds for sorghum and sudangrass; however, it will take a month or two to grow. Commissioner
Kirkmeyer stated the sudangrass grows quickly and will be noticeable in approximately one month and it
will be helpful to have the sudangrass if the Nunez family intends to plant other grasses in the future.
Mr. Barker stated the State statute indicates the Board can order the treatment of soil; however, the Board
cannot order a fence to be installed. In response to Commissioner Rademacher, Mr. Barker stated the
Board can request the fence even though it cannot require the fence. Commissioner Rademacher stated
he feels for both parties and he disagrees with all of the NRCS recommendations. He stated he would
rather see recommendations from Agland or American Pride, and the Nunez family is correct about
chiseling the land; it is drying the land out even more and making the dust blowing situation worse;
therefore, he does not recommend the Nunez family chisel the soil again before planting. He further stated
if the Nunez family had planted grass last year it would have been a waste of money since there was no
rain until August. Commissioner Rademacher stated the silk fence is the best short term solution, if the
Nunez family is willing to use it.
Ms. Grillos stated she lives with the same drought and has been able to maintain the native grasses with
some effort. Mr. Grillos read the rainfall totals for July, August, September, October, and December.
Mr. Nunez stated the Grillos do have native grass on their property; however, they have no animals grazing
on the property. Commissioner Kirkmeyer stated the horse and goats will eat the grass down to its roots;
therefore, the animals are causing a lot of the problem.
Minutes, April 1, 2009 2009-0792
Page 7 BC0016
Rogelio Nunez, Sr., property owner, stated after he was here June 2, 2008, the family chiseled the soil and
then the weeds came out and the dust blew more. Mr. Nunez stated he has removed the animals from
grazing and will plant grass when rains.
Commissioner Kirkmeyer stated there will likely be a lot of dust blowing complaints the Board will be asked
to consider due to the drought; however, there are some steps the property owners may take to alleviate
some of the problems. She indicated she believes the soil is blowing in a sufficient quantity to be injurious
to private property and an emergency exists regarding the property, pursuant to Section 35-72-103, C.R.S.
She further stated she finds the operation has been in existence for a period longer than one year, such
blowing can be prevented or at least lessened by a treatment of the soil, and she recommends planting
a cover crop, as suggested by the NRCS, and for the property owner to try to plant seeds as soon as
possible and before April 30, 2009, otherwise the season will be missed. Commissioner Kirkmeyer stated
the property owners need to continue to not allow the livestock to graze in the field, particularly the horse
and goats. She further stated though the Board cannot require the fence, she encourages the property
owner to install a silt fabric fence along the fence line, as recommended by the NRCS, and she indicated
she finds the property owners have been negligent of the operation, even though they have made efforts.
In response to Commissioner Rademacher, Commissioner Kirkmeyer clarified the silt fence is a
recommendation; however, planting the cover crop is a requirement. In response to Commissioner
Rademacher, Mr. Barker stated the Board may require a cover crop because it is a treatment of the soil.
Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer reiterated chiseling the soil
and spreading manure will not solve the dust blowing matter, and those methods are not included in her
recommendations. Chair Garcia stated it is the responsibility of the property owner to do their part to
lessen the dust blowing effects. Commissioner Rademacher recommended the property owner pursue
a crop consultant from the CSU Extension Office or Agland, because the NRCS may not have as much
experience with these matters. There being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER CORRECTED RESOLUTION FOR USE BY SPECIAL REVIEW PERMIT #1667 - MARK
BRINKMAN: Mr. Barker stated the original Resolution was passed by the Board in February, 2009,
regarding an application submitted by Mark Brinkman. He stated the Board did not understand at the time
the Resolution was passed, that Mark Brinkman, Foothills Landscape Maintenance, LLC (FLM), and FLM
Asset Management, LLC, are each separate entities. He stated the three applicants are referred to
throughout the Corrected Resolution and Development Standard #3 clarifies the property cannot be
transferred to someone other than one of the three applicants. Commissioner Long moved to approve said
corrected Resolution. Seconded by Commissioner Kirkmeyer, 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, April 1, 2009 2009-0792
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:21 a.m.
BOARD OF OUNTY COMMISSIONERS
D= .VIII_ COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cl rk to the Board ' XCUSED
a- ademac er, Pro-Tem
Seep P. Conway
ara Kirkmeyer
David E. Long
Minutes, April 1, 2009 2009-0792
Page 9 BC0016
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