HomeMy WebLinkAbout20090550.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 4, 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 4, 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
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of March 2, 2009, as printed. Commissioner seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add New Item of Business
#6) Reconsider Intergovernmental Agreement Concerning Administration of the State of Colorado
Neighborhood Stabilization Program and authorize Chair to sign - City of Greeley, and to remove the item
from the Consent Agenda. Commissioner Conway seconded the motion, which carried unanimously.
PUBLIC INPUT: Sam Reed, Weld County resident, stated the speed limit on County Road 22, between
U.S. Highway 85 and County Road 31, is 45 miles per hour, which is an outrageously dangerous speed
limit and he would like to see it changed. Mr. Reed stated there are no shoulders along much of County
Road 22, and he believes the roadway is a speed trap that the County uses to generate revenue. He
indicated he counted 1,000 vehicles traveling on County Road 22 this morning between 6:00 a.m. and
6:30 a.m., and he stated it is unsafe for the Sheriffs deputies to be pulling people over in the lane of traffic
on such a busy road. He stated he has requested that the Sheriff's deputies not use his driveway to
monitor traffic; however, they continue to do so. Mr. Reed stated another matter he is concerned about
is he has been before the Board regarding previous zoning violations and he does not feel zoning
violations are consistently addressed and enforced in Weld County. He stated there are six wells in his
immediate neighborhood, with 20-30 frac tanks for each well, and it is an industrialized area. He stated
when his step -brother parked some oil -related vehicles on his property, he received a letter from the
Department of Planning Services indicating he must remove the vehicles because the area is zoned
agriculture, and this is not consistent with the uses being permitted in the area. He stated zoning violations
need to be addressed fairly, and the Department should not be able to selectively choose which properties
2009-0550
BC0016
will be addressed as being in violation, and to not address other properties which are in violation. Chair
Garcia stated the answers to Mr. Reed's questions will be investigated. Commissioner Rademacher
inquired if the speed limit was recently changed for County Road 22. Mr. Reed stated he bought the
property nine years ago and there was never a speed limit posted on County Road 22, between U.S.
Highway 85 and County Road 49, and last fall the 45 m.p.h. speed limit was posted for two miles, between
U.S. Highway 85 and County Road 31. He stated the road is on a hill, and the traffic never traveled that
speed before. He stated it was unsafe to pull out onto the road from his home; therefore, he moved his
driveway 75 feet to be able to see better. In response to Commissioner Rademacher, Mr. Reed clarified
he thinks the speed limit is too slow, opposed to being too fast, and he believes County Road 22 will be
able to better handle the traffic with a faster speed limit. Chair Garcia stated he will contact the Sheriff
regarding the matter. Mr. Reed stated both the Sheriffs deputies and the public are at risk when the cars
are pulled over in the lane of traffic. In response to Commissioner Conway, Mr. Reed stated the Sheriff's
Office did not ask for his permission to use his driveway. Commissioner Conway stated he would like to
learn the Sheriff's Office's policy on using private property. Mr. Reed stated he has a recycled asphalt
driveway and it has spin marks in it from Sheriff's deputies trying to quickly pull out onto County Road 22,
and the tires throw asphalt around and leave tracks in the driveway. Chair Garcia stated he will discuss
those two issues with the Sheriff, and Commissioner Long will check on the speed limit matter. Janet
Carter, Department of Public Works, stated staff can perform a speed study and research the speed limit
reduction, and she will follow up with Commissioner Long and Mr. Reed, if he provides her with his contact
information. She stated if a speed limit is reduced, there is usually a reason, for example, an increase in
the number of accidents or traffic volume. Commissioner Rademacher indicated he will speak to Tom
Honn, Director of Planning Services, regarding the zoning violation.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda, as amended.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #0900079, STEEL - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of
Administrative Services, read the names of the seven vendors that submitted a bid into the record, and
stated the bid will be presented for approval on March 18, 2009.
PRESENT BID #0900080, CATTLE GUARDS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the
names of the three vendors that submitted a bid into the record, and stated the bid will be presented for
approval on March 18, 2009.
APPROVE BID #B0900053, HOT BITUMINOUS/ASPHALT SUPPLY - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated the Department of Public Works recommends acceptance of the low bids from
Aggregate Industries - WCR, for the City of Greeley and County Road 20.5 locations, and from Asphalt
Specialties Co. for the County Road 8 and Henderson location. In response to Chair Garcia, Dean Dreher,
Department of Public Works, stated the engineering estimate is based on last year's prices, which were
$38.00, per ton, at the year of the year. Mr. Dreher stated over the past five years, the asphalt supply cost
has increased approximately 25 percent each year; however, this year the cost decreased. In response
to Commissioner Rademacher, Mr. Dreher stated the prices for Alternatives #1 and #2 have been locked
in; however, Alternatives #3 and #4 were figured using the Colorado Department of Transportation (CDOT)
adjustment tables. He explained the disadvantage of using the CDOT adjustment tables is the prices
fluctuate throughout the year, for example, last year liquid AC varied from $300.00 to $600.00 per liquid
ton; therefore, the County may be locked into a higher price. Commissioner Rademacher moved to
approve said low bids, based on staff's recommendations. Commissioner Long seconded the motion,
which carried unanimously.
Minutes, March 4, 2009 2009-0550
Page 2 BC0016
APPROVE BID #B0900059, CRACK FILLER MATERIAL - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated the Department of Public Works recommends acceptance of the low bid from Deary America
Corporation, in the amount of $20,950.00. Commissioner Long moved to approve said low bid, in the
amount of $20,950.00, from DearyAmerica Corporation, based on staff's recommendation. Commissioner
Conway seconded the motion, which carried unanimously.
APPROVE BID #60900067, CONCRETE/WASHED ROCK/SQUEEGEE "ON -CALL" - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika stated there are three different types of product being considered for this bid;
therefore, multiple bids are recommended for acceptance. She recommended acceptance of the bid from
Varra Companies for the concrete; the bids from Varra Companies and Rock Products for the washed
rock; and the bids from Aggregate Industries, Varra Companies, and Pioneer Sand Company for the
squeegee product. She stated the vendor selections are based on close proximity to the locations where
the products will be delivered. Commissioner Conway moved to approve said bids, based on staff's
recommendations. Commissioner Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 68.5 AND 74: Janet Carter,
Department of Public Works, stated the closure will commence March 9, 2009, through March 27, 2009.
Ms. Carter stated roads signs, barricades, and message boards will be used to advise drivers of the
closure. She stated the detour route is paved; therefore, dust abatement is not necessary. She stated
the average daily traffic count for County Road 13 is 436 vehicles, according to a traffic study conducted
this year. Ms. Carter stated the purpose of the closure is to stabilize the road and prepare for a Recycled
Asphalt Pavement (RAP) Upgrade Project. Commissioner Long moved to approve said temporary closure.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CR 84 AND SH 14: Ms. Carter stated the
closure will commence March 9, 2009, through April 30, 2009. She stated road signs and barricades will
be used to advise drivers of the closure. She stated the gravel segments of the detour route will be treated
with magnesium chloride for dust abatement, and County Road 19 has an average daily traffic count of
150 vehicles. In response to Commissioner Rademacher, Ms. Carter stated the closure is to replace a
bridge above a drainage canal. Commissioner Rademacher moved to approve said temporary closure.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 64 BETWEEN CRS 53 AND 55: Ms. Carter stated the
Department of Public Works is requesting the closure on behalf of the North Weld County Water District,
which wants to install a 16 -inch potable water main line under County Road 64, and the closure will
commence March 5, 2009, through March 20,2009. She stated due to a low traffic count on County Road
64, no dust abatement will be necessary for the gravel portions of the detour. She stated road signs and
barricades will be used to advise drivers of the closure. In response to Commissioner Rademacher, Ms.
Carter stated County Road 64 is a gravel road. Responding to Commissioner Rademacher, Mr. Warden
stated the project will have a one-year warranty period following its completion. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD (VALE) EQUIPMENT GRANT
AGREEMENT FOR DISTRICT ATTORNEY VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE
CHAIR TO SIGN: Amanda Henry, District Attorney's Office, stated the Board previously approved the
application and the Department has been granted $2,109.00 to purchase furniture and equipment for the
waiting rooms. Commissioner Conway moved to approve said grant equipment and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, March 4, 2009 2009-0550
Page 3 BC0016
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS - LEAHY
FAMILY FARM, LLC: Bruce Barker, County Attorney, stated the Use by Special Review (USR) Permit was
granted for this property more than ten years ago, and each year the applicants apply for a Temporary
Assembly Permit, which allows up to ten dates to be designated for events, per year, for a period of up to
three days each. Mr. Barker stated he has reviewed the application and recommends approval. In
response to Chair Garcia, David Leahy, applicant and part owner of the Leahy Family Farm, LLC, stated
the events are motocross and motorcycle related, and the largest age group of competitors consists of
people in their 30s and the next largest age group is children; therefore, the events are family -oriented.
Commissioner Kirkmeyer stated she was a commissioner when the USR Permit was initially granted and
it is nice to know the operation is still successful. Ms. Carter stated the project site is not in the flood plain,
participants and spectators enter and exit the facility from a paved road, and the Department has no
objections to granting the permit. In response to Commissioner Rademacher, Ms. Carter stated parking
is not allowed on County Road 19; however, the applicant has gravel parking available for 650 to 700
vehicles, which is on approximately 20 acres; therefore, there is more than a sufficient amount of parking
available for people attending any of the events conducted on the property. Commissioner Rademacher
moved to approve said application. Seconded by Commissioner Conway, the motion carried unanimously.
RECONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTRATION OF THE
STATE OF COLORADO NEIGHBORHOOD STABILIZATION PROGRAM AND AUTHORIZE CHAIR TO
SIGN - CITY OF GREELEY: Commissioner Kirkmeyer explained she made the motion to reconsider the
agreement because the item was placed on the agenda the same day as it was considered, the Board was
not aware of the agreement in advance of the meeting, and they did not have a chance to study the
agreement. Commissioner Long explained his support for reconsidering the agreement is due to a lack
of clearly defined accountability in the agreement, and he needs to have some questions answered before
approving the agreement. Commissioner Conway stated this was added to the agenda at the last minute
and the agreement needs to be more closely examined. Chair Garcia stated he is supportive of the
principles in the agreement, and he is favor of revitalizing the neighborhoods through purchasing certain
foreclosures; however, he feels a work session is appropriate to be able to address the Board's concerns
before making a determination on the matter. In response to Chair Garcia, Mr. Barker stated the
appropriate motion to be made today is a motion to deny the agreement because the item has been placed
on the agenda for the purpose of reconsideration today. In response to Commissioner Conway, Ms. Mika
stated the Greeley City Council considered this item on its agenda last night, and may have already taken
action based on the assumption that the Board passed the agreement. Further responding to
Commissioner Conway, Ms. Mika stated the agreement is necessary to receive the available funds, and
the 18 -month time -frame in which the funds may be utilized has already commenced. Commissioner
Conway stated the fact that the time -frame has already commenced is one of the Board's concerns with
the agreement, along with the fact that the Board did not have a chance to discuss the agreement in
advance and another concern is accountability. Commissioner Kirkmeyer stated there is no reason the
City of Greeley cannot begin proceedings, as long as a contract is not entered into. She further stated it
typically takes at least 30 days for the Department of Local Affairs (DOLA) to process a contract; therefore,
the City of Greeley may wish to immediately begin some of the proceedings, regardless of whether the
Board approves the agreement today. In response to Commissioner Rademacher, Mr. Barker stated the
agreement does not need to be continued for the Board to consider it further on another date. Mr. Barker
stated the Board needs to make a motion to reverse the action taken on Monday, to reject the agreement,
and the item may be placed on another agenda at a later date. Commissioner Rademacher moved to
reject the agreement. Commissioner Long seconded the motion and stated he is not rejecting the concept;
however, the agreement needs to be improved and he needs some questions answered before he will be
comfortable accepting the agreement. Chair Garcia concurred with Commissioner Long. He stated he
is supportive of the idea and he wants the efforts to move forward; however, he needs to clearly
understand the rules, responsibilities, and financial obligations in the agreement. Commissioner Conway
stated he is supportive of the Program; however, he has unanswered questions and he felt rushed to make
Minutes, March 4, 2009 2009-0550
Page 4 BC0016
a decision regarding the agreement. He stated he is pleased the area is able to receive a sizeable grant;
however, the Board needs a better understanding of the agreement's functions. Chair Garcia requested
that Ms. Mika include Tom Teixiera, Greeley -Weld County Housing Authority, in any work sessions she
may organize regarding the matter, since Becky Safarik, City of Greeley, indicated on Monday that Mr.
Teixiera will be involved with the coordination of the Program. There being no further discussion, the
motion carried unanimously.
PLANNING:
CONSIDER EMERGENCY VIOLATION HEARING - JAMES WARNER: Mr. Barker stated the Board
considered granting a Use by Special Review (USR)Permit last fall, for the purpose of servicing water
trucks, for this property and the Board denied the request. He stated several of the surrounding residents
have expressed concerns that water trucks are utilizing the site, regardless of the USR request being
denied. He stated Tom Honn, Director of Planning Services, indicated in a letter to Roger Kenney,
complainant, that he was unable to verify a continued use occurring on the property, other than the allowed
uses for the property. Mr. Barker stated the Board of Adjustment reversed Mr. Honn's decision and
determined the uses occurring on the property do require a USR permit, including filling water trucks used
for servicing the oil and gas facilities in the area. In response to Commissioner Rademacher, Mr. Barker
clarified the Board of Adjustment determined a USR is required for the property even for instances in which
the property owner is servicing wells on the property with trucks he owns, based on the Board of
Adjustment's interpretation of the Weld County Code. Commissioner Rademacher inquired if the
determination is consistent with past practices. Mr. Barker stated he unsure and suggested Mr. Honn may
be able to better answer Commissioner Rademacher's inquiry. In response to Commissioner Kirkmeyer,
Mr. Barker reiterated Mr. Honn's interpretation of the code was that James Warner, the property owner,
did not require a USR for the desired uses; however, Mr. Kenney interpreted the code to state a USR is
required. Mr. Barker stated there was a situation in which a similar case occurred; an adjacent neighbor
claimed a USR was required for a hog farm, and the Board of Adjustment determined a permit was
necessary. He clarified the issue the Board is considering today is not whether a USR is required; the
Board of Adjustment has made the determination a USR is required for the use. He stated the issue being
considered by the Board today is whether or not the activity is occurring on the property.
Bethany Salzman, Department of Planning Services, stated staff has conducted numerous on -site visits
to confirm the violations have occurred; however, staff has not witnessed any commercial activities
occurring on the property. Ms. Salzman stated one of the Department's staff members lives in the
immediate vicinity of the property and drives past the property every day on his way to and from work, and
the staff member has never witnessed a water truck present on the property; however, occasionally he has
observed an oil truck on the property.
Stewart Olive, Attorney for Mr. Kenney, stated on January 16, 2008, the Board unanimously denied
Mr. Warner's request for a USR, following a denial by the Planning Commission. Mr. Olive stated the
Resolution stated a USR is needed to utilize the commercial water tap for servicing off -site oil facilities.
He stated on May 6, 2008, Mr. Warner requested use of the water tap for off -site oil and gas wells he
owns, via letter, and a violation hearing was scheduled for June 17, 2008; however, on May 30, 2008, the
Department of Planning Services sent a letter stating the water tap may be used by Mr. Warner as long
as he only utilizes it for wells he owns, and the violation hearing was cancelled. Mr. Olive stated on
October 1, 2008, the Department of Planning Services sent a letter stating staff's determination is that
utilization of the commercial water tap is a right to use matter, which was appealed on December 16, 2008,
before the Board of Adjustment. He stated the Board of Adjustment determined the USR permit must be
obtained for this use to occur in this area. He stated on December 30, 2008 and January 7, 2009, use of
the facility's commercial water tap occurred, which was in violation of the determination made by the Board
of Adjustment. Mr. Olive stated after the use on January 7, 2009, the Department of Planning Services
was notified of the activity. He submitted several photographs into the record, marked Exhibits A and B,
Minutes, March 4, 2009 2009-0550
Page 5 BC0016
which were taken on December 30, 2008, and January 13, 2009. In response to Chair Garcia, Mr. Olive
stated the photographs were also submitted to the Department of Planning Services. Mr. Olive stated this
is an ongoing situation and water trucks were observed at the facility on January 20, 2009; January 27,
2009; and January 28, 2009, after which Mr. Olive sent a letter to the Department of Planning Services and
the County Attorney's Office to notify the County the violations were occurring. He stated the Planning
Commission, the Board of County Commissioners, and the Board of Adjustment have all determined the
property cannot be used for the type of activity which is occurring. He stated other members of the
community have submitted letters stating they have observed the unauthorized use occurring on the
property. Mr. Olive stated there is ample evidence there is an ongoing problem, and the only way to
remedy the problem is to remove the water tap from the property. He stated the County Attorney and the
Board of County Commissioners have the ability to do this, according to Sections 23-10-120, 22-10-130,
and 22-10-140, of the Weld County Code. He stated one of the photographs shows ice, which was created
from the water trucks leaking when overfilled, and is further evidence the use is occurring on the property.
Mr. Olive stated Mr. Kenney can testify the truck drivers wait on a hill with their radio or loop around
property when he is watching them.
Ryan Warner, Vice President of Magpie Operating, Inc., which is the operator of the oil and gas facility,
stated the water tap is shut down and has not been used. Mr. Warner clarified Little Thompson Water
District repaired a line leak; therefore, the line is presently completely disabled. He stated the site is
accessed daily because oil tanks and metering equipment are present on the property; however, access
to the site does not indicate the water tap is being used. In response to Chair Garcia, Mr. Warner stated
he has not seen the pictures taken by Mr. Kenney. The photographs were presented to Mr. Warner, upon
Chair Garcia's request. Mr. Warner stated the truck in the photographs is his truck; however, he is unsure
what the reason is for its presence on the property and it does not appear to be hooked up to the water
tap. He stated the water tap was shut off on December 30, 2008, and January 13, 2009, when the
photographs were taken, and the truck in the photographs is likely at the site to access the metering
equipment, or for another purpose, other than using the water tap. He further stated trucks access the site
for authorized purposes on a daily basis. Commissioner Kirkmeyer stated in the letter submitted by
Clarissa Norris, it states that on the Sunday prior to the letter being written, Ms. Norris witnessed five trucks
filling up from the water tap within three hours. She stated the letter was written on February 21, 2009;
therefore, the previous Sunday would have been February 15, 2009. Responding to Commissioner
Kirkmeyer, Mr. Warner stated his company does not keep a log; however, he receives a bill from Little
Thompson Water District, which documents the water usage, and there is a master meter just out of view
from the area the photographs capture. Mr. Warner stated a typical bill is approximately $7,000.00, when
the water tap is being utilized; however, the bill for the previous month was in the amount of $6.58.
Commissioner Kirkmeyer stated the amount may be a base rate for the water meter being present, and
the easiest way to determine if the tap is being used is to examine the water bill. The letters submitted by
surrounding property owners were presented to Mr. Warner to review, upon Chair Garcia's request.
Commissioner Long inquired if Mr. Warner would mind having the water tap removed from the property,
since it is not in use. Mr. Warner stated he would be upset to lose an asset, and he would prefer the water
tap not be dismantled at this time, since there is still a possibility of a USR being granted. Mr. Warner
stated he would eventually like to pursue the USR or remove the water tap in its entirety and place it
somewhere else where it may be used. In response to Commissioner Long, Mr. Warner stated the master
meter has been disabled and he cannot use it. He stated he can provide pictures of the meter being
locked up. Commissioner Kirkmeyer stated the meter gages water use; however, there may still be water
remaining in the line. Mr. Warner stated the valve can be turned off at the tap and locked. In response
to Commissioner Conway, Mr. Warner stated he believes the surrounding property owners are not correctly
perceiving what the trucks are doing on the property, and maintenance of the tanks and facilities is
permitted on the property. Further responding to Commissioner Conway, Mr. Warner stated his employees
typically do not work on Sunday and he does not believe five trucks were observed on the property on a
Sunday, and trucks normally service the four wells on the property several times per week. Mr. Warner
further stated the number of trucks present on the property may greatly vary, and there may be a
Minutes, March 4, 2009 2009-0550
Page 6 BC0016
significantly higher amount of trucks present on the property at the end of the month due to tanks being
prepared. In response to Commissioner Conway, Mr. Warner reiterated there is no log available, and the
only record kept is a pumper's gage sheet which records measurements taken from the oil tank.
Commissioner Conway stated he is interested in ideas to demonstrate to the neighbors the pump is not
in use, as Commissioner Long suggested earlier. Mr. Warner stated he can request documentation from
Little Thompson Water District to verify the water tap is not being used and the valve has been shut and
locked and he can provide a copy of the water bill to demonstrate the tap is not being used.
Mr. Kenney stated an oil well has existed on Mr. Warner's property since he moved to the area; however,
there was not a water tap on the property. He stated the oil well was serviced once or twice per week;
however, when the water tap was added to the property, it became a full commercial operation and this
is the point at which he became involved. He stated in the photographs, the truck is parked directly next
to the building that the hose comes out of, and it is close enough to the oil tank to service it; therefore, the
trucks are parked at the building to be filled with water. Mr. Kenney stated it is unfortunate he did not
capture a picture of the hose in the truck. He stated the property is on the border of Weld and Larimer
Counties, and the trucks are gone before a staff member from the Department of Planning Services would
have a chance to verify its presence on the property. He stated after the Board denied the request for a
USR, the trucks laid low for a few weeks and then the activity picked back up, and the same situation
occurred when the Board of Adjustment made its determination. He stated it was only after notice of
today's hearing was sent that Mr. Warner removed the hose from the water tap, and the Board needs to
take action or the unauthorized activity will commence again. Mr. Kenney stated Little Thompson Water
District will credit Mr. Warner for the water tap if it is removed. He stated he has been battling this situation
for four years, and he does not want to have to come back before the Board regarding the matter again.
Commissioner Conway inquired if Mr. Kenney has any suggestions for acceptable alternatives to removing
the tap from the property. Mr. Kenney stated he cannot think of anything other than removing the meter,
and Little Thompson Water District has the capability to turn the water tap off. He explained the water
comes through a 4 -inch water tap, which runs approximately 200 feet into a large meter, then it travels
another approximately 200 feet into a building, and that is the building in the photographs and it is where
the trucks fill up with water. He stated he would prefer to see the water tap removed; however, he would
be satisfied with Little Thompson Water District turning the water off.
Mr. Warner stated he is willing to shut off the water because he can turn it back on if a USR is obtained.
In response to Commissioner Conway, Mr. Warner stated the easiest access to turn off the water is the
valve in the master vault, and he is willing to make the request of Little Thompson Water District and to
provide documentation it has been turned off. Commissioner Rademacher stated Little Thompson Water
District can also place a lock on the master vault, and Mr. Warner concurred. In response to
Commissioner Long, Commissioner Kirkmeyer stated this type of request can usually be accommodated
within 24 hours. In response to Commissioner Conway, Mr. Warner stated the solution is acceptable to
him. Commissioner Kirkmeyer stated the Weld County Code, Section 23-10-30, does give the Board the
authority to institute an injunction or take other appropriate action; therefore, the Board may remedy the
issue by removing the water tap, if it chooses to do so. She stated having the water shut off and requiring
that Little Thompson Water District provide a letter of confirmation to the Department of Planning Services
to indicate the water has been turned off, and that they are aware a USR must be granted before the tap
may again be used on the property is an acceptable remedy. Commissioner Kirkmeyer moved to refer the
matter to the to the County Attorney's Office, with the instruction to delay action for ten days, to allow
adequate time for Mr. Warner to have Little Thompson Water District turn the water off and provide a
confirmation letter. Commissioner Conway seconded the motion. Commissioner Rademacher stated he
wants the Department of Planning Services and the County Attorney's Office to investigate the history of
determinations made regarding similar matters because he wants to clearly understand if historically these
situations have been deemed use by right matters and he wants to ensure the matters are being handled
with consistency. There being no further discussion, the motion carried unanimously.
Minutes, March 4, 2009 2009-0550
Page 7 BC0016
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.
There being no further business, this meeting was adjourned at 10:32 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD cOU,hj.T'fl, COLORADO
ATTEST: i7'1
Weld County Clerk to the B
BY:
Deputy Cler
David E. Long
William F. Garcia, Chair
DouglaRademac'Iier, Pro-Tem
Minutes, March 4, 2009 2009-0550
Page 8 BC0016
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