HomeMy WebLinkAbout20093099.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 23, 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, November 23, 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 F. 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 Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 18, 2009, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on November 18, 2009, as follows: 1) USR #1705 - Land Airport LLC; 2) USR #1714 —
Anthony and Sherry Reis; and 3) USR #1715 — Carlos Cisneros. Commissioner Kirkmeyer seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
Minutes, November 23, 2009 2009-3099
Page 1 BC0016
/W/4,709
OLD BUSINESS:
CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED
BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM
11/16/09): Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, stated the
fee schedules were discussed at a work session conducted on November 19, 2009, and he
recommends approval of the limited fee increases, in order to recover the County's costs for providing
the environmental health services. Commissioner Kirkmeyer moved to approve said revisions to the
fee schedule. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM 11/16/09): Dr. Wallace stated these fees are
for the public health services, which is mainly the clinical division, and he recommended increasing the
fees by three percent, in order to cover the increasing cost for providing the public health services and
supplies, and to be in compliance with the Federal programs administered by the Weld County
Department of Public Health and Environment.
Chair Garcia stated at the work session there was discussion about a sliding payment scale for family
planning supplies. Dr. Wallace stated the Family Planning Program has been operated by the
Department for a number of years, it is largely supported by Federal Title 10 funds, the Department
recently underwent an inspection, and one of the Federal guidelines is the Department must offer a
sliding fee schedule, in order to allow low income individuals to have access to the services. He stated
the guidelines also require the Department to offer an array of services, and the methods of
contraception and supplies the Department offers are structured to be in compliance with the Federal
guidelines.
In response to Chair Garcia, Dr. Wallace stated Plan B is different from RU486; Plan B contains
levonorgestrel, a synthetic form of the hormone progesterone, which is present in birth control pills, and
it prevents ovulation. Dr. Wallace stated the dosage for Plan B consists of two pills, which are
equivalent to multiple pills, and research has shown it prevents ovulation; therefore, the timing of when
it is taken is important. He further stated Plan B has been studied in order to determine if it may be
able to disrupt an established pregnancy, and it has been determined Plan B cannot disrupt existing
pregnancies; however, pregnancy tests will be administered to women who are interested in utilizing
Plan B, in order to ensure they are not pregnant. He stated Plan B may also affect the ability of sperm
to move, which would prevent the sperm from being able to fertilize an egg. Commissioner
Rademacher thanked Dr. Wallace for the clarification of Plan B, and he stated that he read Plan B can
be taken for up to 10 days after intercourse to prevent a pregnancy. Dr. Wallace clarified Plan B must
be taken within 72 hours of intercourse in order to be effective; however, some people believe it may be
effective up to five days after intercourse. He reiterated women will be tested for pregnancy prior to
Plan B being administered, and it will not be administered to women whose tests indicate they are
pregnant. He further stated women sometimes continue to take their birth control pills before they
become aware that they have become pregnant and modern birth control pills do cause harm in those
early pregnancies. Dr. Wallace stated this birth control method is paid for by the State Medicaid
Program and private insurance. Commissioner Kirkmeyer moved to approve said revisions to the fee
schedule. Commissioner Long seconded the motion. Chair Garcia stated he has concerns regarding
providing Plan B since it prevents the egg from attaching to the uterus wall. Dr. Wallace clarified Plan B
is most effective when it is provided prior to ovulation and prevents the egg from being released, in the
same way other contraceptive pills prevent ovulation, and if Plan B is provided too late, it will not
prevent a pregnancy from occurring. Chair Garcia stated he read several articles which indicated
Plan B prevents the egg from attaching to the uterine wall, which concerns him, and he is also
concerned about the sliding payment scale being utilized to obtain Plan B. He further stated concerned
members of the community brought this matter to his attention. Commissioner Rademacher stated he
Minutes, November 23, 2009 2009-3099
Page 2 BC0016
remains undecided on the matter at this point, and he initially thought Plan B was an abortion pill;
however, he has learned from Dr. Wallace, Plan B is not an abortion pill and it will not be given to
women who are pregnant. Dr. Wallace reiterated Plan B is very different from those designed to cause
an abortion and he can provide recent research on the matter. He stated if the Board determines it is
not going to offer levonorgestrel to women, it will affect many more contraceptive options besides
Plan B, since levonorgestrel is in many of the contraceptive options the Department currently offers
women. He reiterated Plan B is given after intercourse; however, it will not abort a pregnancy.
Commissioner Kirkmeyer stated Plan B is similar to traditional birth control pills; it is simply a higher
dosage which will prevent ovulation and fertilization of the egg. She stated the sliding scale applies to
all of the family planning supplies, it is a State and Federal requirement to offer the sliding payment
scale, and the Board cannot single out one particular family planning option to remove from being
eligible for the sliding payment scale. Dr. Wallace stated recent research further supports that Plan B is
acting before fertilization occurs, and that it is not acting post fertilization. Commissioner Long stated
when considering public feedback, the Board needs to consider that people may have received
misinformation, or have misconceptions, regarding an issue. He stated he is comfortable with Plan B,
based on the information Dr. Wallace has provided. Upon the request for a roll call vote, the motion
passed three to one, with Chair Garcia in opposition.
NEW BUSINESS:
CONSIDER PROPOSAL AND SYSTEM INSTALLATION AGREEMENT FOR THREE (3) HITACHI
SMART BOARDS AND AUTHORIZE CHAIR TO SIGN - FORD AUDIO -VIDEO SYSTEMS, INC.: Judy
Griego, Director, Department of Human Services, stated the proposal has been approved by Affiliated
Computer Systems, Inc., (ACS) the County's technical support provider, it has gone through the
governance process, and the proposal includes the purchase, installation, and configuration of three (3)
Hitachi Smart Boards. Ms. Griego stated the Smart Boards will be installed in two training rooms in
Building C and one training room in Building A, the project will take approximately six (6) weeks to
complete, and the cost will be $17,634.00. In response to Commissioner Kirkmeyer, Ms. Griego stated
the Smart Boards will be installed in two training rooms and in the Learning Lab, in order to train staff,
and ACS will assist with training staff. Commissioner Kirkmeyer stated she will be angry if the County
spends the money to acquire the Smart Boards and staff does not use the Smart Boards to their full
capability. Commissioner Rademacher moved to approve said proposal and agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TWO COLORADO WORKS PROGRAM AGREEMENTS FOR SERVICES AND LEASES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these
agreements were presented at work sessions conducted on June 22, 2009 and August 31, 2009, and
the agreements are for the continued development of the Multidisciplinary Youth Assessment
Team (MYAT). She stated the Department is continuing a relationship with North Range Behavioral
Health and beginning a new relationship with Weld County School District RE -8, which will replace
Weld County School District 6 on the team. She stated both of the agreements will be paid from
Temporary Assistance for Needy Families (TANF) funding, and the Department will provide office
space within the City of Greeley and the City of Longmont. Ms. Griego stated North Range Behavioral
Health will be paid a maximum amount of $88,266.88, and Weld County School District RE -8 will be
paid $30,526.16. Commissioner Long moved to approve said agreements and leases, and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TWO CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements were presented
to the Board at a work session conducted on November 16, 2009. She stated the first agreement is
with Jubilee Retreat Center for a term commencing November 16, 2009, through May 31, 2010, in
order to provide neurofeedback services, for an amount not to exceed $50,000.00. She further stated
the second agreement is with Counseling Services of Longmont, Inc., for a term commencing
Minutes, November 23, 2009 2009-3099
Page 3 BC0016
November 16, 2009, through May 31, 2010, in order to provide substance abuse monitoring and anger
management counseling, for an amount not to exceed $25,000.00. Commissioner Kirkmeyer moved to
approve said agreements and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO:
Ms. Griego stated the agreement was presented to the Board at a work session conducted on
November 16, 2009, and the agreement is for the University of Northern Colorado (UNC) to be able to
conduct an evaluation for the Building Healthy Marriages Program. She stated the term of the
agreement will commence October 1, 2009, through November 30, 2010, and the Department will pay
UNC $73,300.00 from the Federal Healthy Marriage Demonstration Grant funds. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER SEMI-ANNUAL PROGRESS REPORT #6 FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the report was presented to the
Board at a work session conducted on November 16, 2009, and it is a requirement of the Federal grant.
He stated the Building Healthy Marriages Program's successes were discussed at the work session,
this is the completion of the third year of the Program, and the number of people served increased by
258 percent from the second year of the Program. She stated the Building Health Marriages Program
served 355 couples and 431 individuals in its third year. Commissioner Long moved to approve
Semi -Annual Progress Report #6 for the Building Healthy Marriages Program and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR BUILDING HEALTHY MARRIAGES PROGRAM AND
AUTHORIZE CHAIR TO SIGN - VINEYARD CHRISTIAN FELLOWSHIP OF GREELEY, INC.:
Ms. Griego stated the lease agreement was presented to the Board at a work session conducted on
November 16, 2009, and it is to continue the arrangement for the Department to lease Vineyard
Christian Fellowship of Greeley, Inc., which is located in downtown Greeley. She stated the rent will be
$3,063.34 per month, and the term of the agreement will commence November 1, 2009, through
November 1, 2010. Commissioner Rademacher moved to approve said lease agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN CRS 29 AND 31: Janet Carter,
Department of Public Works, stated the closure will commence November 30, 2009, through
December 11, 2009, in order to replace a bridge with a concrete box culvert. Ms. Carter stated the
detour route is entirely paved; therefore, no dust control measures will be necessary. She stated the
average daily traffic count for County Road 16 is 2,583 vehicles, and road signs, barricades, and
message boards will be used to advise drivers of the closure. In response to Commissioner
Rademacher, Ms. Carter stated the closure will be slightly longer than usual due to some issues with
overhead power lines, which will require alternative methods to be utilized to construct the concrete
box. Further responding to Commissioner Rademacher, Ms. Carter stated the bridge is over a natural
drainage ditch. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE FAST TRACK
PROGRAM AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office, stated this
is a Federal grant, which is distributed by the State, and the Department has received the grant for a
number of years. Ms. Holden stated the Department of Justice consolidated two grants into one and
she has spoken to the administrators of both, in order to determine which funding was most
appropriate, and it was determined the Stop Violence Against Women Act (VAWA) funding is more
Minutes, November 23, 2009 2009-3099
Page 4 BC0016
appropriate than the Victims of Crime Act (VOCA) funding. She stated the amount of funding, which is
$50,390.00, appears to be significantly higher than in the past; however, it is the same funding amount
which is normally awarded; however, the VOCA funds have been included in the same grant award.
She further stated the change will result in less reporting for her to perform, since she will be reporting
for one grant, as opposed to two grants. Ms. Holden stated the grant will partly fund two positions; the
County Court Victim Witness Assistant position and one of the District Attorney's Office Victim Witness
Assistant positions. In response to Commissioner Rademacher, Barb Connolly, Controller, stated the
County cash match, in the amount of $16,797.00, has been included in the County budget.
Commissioner Long moved to approve said Statement of Grant Award and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES
AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC.: Bruce Barker, County Attorney, stated
Lafarge West, Inc., is requesting permission to mine approximately 52 feet away from the Poudre River
Trail, which is owned by Weld County, and a waiver is necessary from the owners within 200 feet of the
proposed mining location. Mr. Barker stated if damage occurs to the trail, Larfarge West, Inc., will
replace the trail or pay the value of the trail. He stated Lafarge West, Inc., has provided a report which
indicates the mining is not anticipated to affect the trail, and the Poudre River Trail Board does not have
any objections. He stated the agreement only applies to the concrete bike path and it does not apply to
any nearby roadways. Commissioner Kirkmeyer inquired as to whether the County has any liability
regarding the trail and whether the trail will be closed when the mining occurs. Mr. Barker stated the
County does not have any liability and it will not close the trail. He stated there is currently mining
occurring within the same distance of the trail. Responding to Commissioner Rademacher, Mr. Barker
stated there is a barbed wire fence between the two properties, and Lafarge West, Inc., will be required
to install a more substantial fence, and the Board can require signs to be installed. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ACCEPTANCE OF FILING AMENDED AND RESTATED CONSOLIDATED SERVICE
PLAN, REFERRAL TO WELD COUNTY PLANNING COMMISSION FOR STUDY AND
RECOMMENDATION, AND SET HEARING DATE FOR CONSIDERATION - BEEBE DRAW FARMS
METROPOLITAN DISTRICT NO. 1 AND NO. 2: Mr. Barker, stated he received the service plan
approximately one week ago and the Board needs to schedule the hearing. He stated the State statute
requires the service plan to be considered by the Planning Commission, which was going to be
scheduled for December 1, 2009; however, it was determined to be too soon; therefore, the Planning
Commission will consider the service plan on January 5, 2010, and the Board hearing will occur shortly
after the Planning Commission meeting. He stated there are some changes to the service plan which
are anticipated to occur prior to the Planning Commission meeting, and notice has been provided to the
residents of the Beebe Draw Farms Metropolitan Districts. Mr. Barker stated the Planning Commission
meeting and the Board hearing need to occur prior to February, 2010, in order for the matter to be
considered in the May, 2010, election, and all the involved parties are waiving the 30 -day period of time
which would usually occur between filing the service plan and the date of the Planning Commission
meeting, in order to be able to maintain the necessary schedule. He stated the other parties have
reviewed the Resolution and they have approved it. Commissioner Rademacher moved to accept the
amended and restated Consolidated Service Plan, refer the matter to the Planning Commission for
study and recommendation, and set the hearing date of January 20, 2010, at 9:00 a.m. Seconded by
Commissioner Long, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-13, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-13 by title
only. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the
Minutes, November 23, 2009 2009-3099
Page 5 BC0016
Ordinance into the record by title. In response to Chair Garcia, Mr. Barker stated there are no changes
to the final reading of the Ordinance.
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Rademacher stated he will support the Ordinance; however, he hopes this is the last
time increases are proposed to these fees for awhile. In response to Chair Garcia, Commissioner
Rademacher stated several of the fee increases concerned him; however, he will support the
Ordinance, and he moved to approve Ordinance #2009-13 on final reading. Seconded by
Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER RESUBDIVISION, RS #1155, FOR LOT LINE ADJUSTMENT IN ARISTOCRAT
RANCHETTES, INC., SUBDIVISION — DEBBIE COUCH/DON KRUGER: Chris Gathman, Department
of Planning Services, stated this is a request for a resubdivision and to formalize a lot line adjustment
between two lots. Mr. Gathman stated a portion of Lot 7 was sold to Lot 8 in the year 1999, which was
an illegal land split; therefore, the property owners are now following the formal process in order to
resolve the matter. He stated this matter was considered and approved by the Board of Adjustment in
September, 2009. He stated Aristocrat Ranchettes, Inc., is a legal nonconforming subdivision, all of
the lots are zoned A (Agriculture), and approval was required from the Board of Adjustment in order to
reduce the size of Lot 7. Mr. Gathman recommended that Items 1.B, 1.C, and 1.D from the
memorandum he submitted, marked Exhibit C, be added under Note A and that Note B be renumbered
as E. He stated the proposed additional items include requiring the applicant to indicate a vicinity map
on the plat, requiring the applicant to indicate the existing access points for Lot 7A and Lot 8A on the
plat, and specifying the applicant shall attempt to address the recommendations of the Department of
Public Health and Environment regarding the designation of a septic system replacement envelope. He
also recommended replacing Note 4 with the following: "Topographic or physical features of the
proposed lot, such as ravines, ditches, outbuildings, et cetera, may limit the area available for a new or
replacement septic system. The Division recommends that the applicant reviews the County Code
pertaining to Septic Systems to assure that any installed septic system will comply with all setback
requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the
installation of a septic system the lot may need to be enlarged," since the right-of-way for Caroline and
Hart Street is already included on the plat. Commissioner Kirkmeyer suggested that Note 4 remain on
the plat, since it specifies important information, including which section of the Weld County Code
defines setbacks. Mr. Gathman concurred with Commissioner Kirkmeyer's suggestion; therefore, the
existing Note 4 will remain on the plat and the new note regarding septic systems will be Note 5.
Todd Hodges, representative for the applicant, Debbie Couch, who resides on Lot 7, stated the lot line
adjustment is necessary in order to clean up a land split which occurred prior to the current ownership
of either property and it has been approved by the Board of Adjustment.
In response to Commissioner Rademacher, Mr. Gathman stated the oil and gas radiuses listed in the
Resolution, which are 200 feet for tank batteries and 150 feet for wellheads, are determined by the
Zoning Code for the A (Agricultural) Zone District, and he believes the distances will be sufficient.
Further responding to Commissioner Rademacher, Mr. Gathman stated he is unaware of any oil and
gas companies requesting a larger radius. Mr. Barker stated the oil and gas companies do not have
the right to request more than the required minimum distance of 150 feet, which the oil and gas
companies have to abide by pursuant to the the Oil and Gas Conservation Commission rules.
Commissioner Kirkmeyer stated the Board could have requested larger radiuses based on urban
density and it has done so for other areas; however, she does not believe the request was made for
this area.
Minutes, November 23, 2009 2009-3099
Page 6 BC0016
Chair Garcia gave the opportunity for public testimony; however, there was none.
Commissioner Kirkmeyer moved to approve Resubdivision, RS #1155, with the revisions suggested by
staff. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE
PLAN REVIEW, SPR #427 - COLORADO SWEET GOLD/LAFARGE NORTH AMERICA, INC.: Kim
Ogle, Department of Planning Services, stated a Surety Bond, in the amount of $180,000.00, has been
issued to the County as collateral for the following improvements: site grading, street grading, street
base, street paving, storm water and drainage facilities, retention and detention facilities, and erosion
control measures. Mr. Ogle stated the Departments of Public Works and Planning Services, and the
County Attorney, have determined the amount of the Surety Bond is sufficient. In response to
Commissioner Kirkmeyer, Mr. Ogle confirmed the necessary improvements are entirely on -site.
Commissioner Kirkmeyer stated it appears there will be some improvements to State Highway 60, and
she inquired as to where the off -site improvements are addressed.
Rich Hastings, Department of Public Works, stated the expanded access onto State Highway 60 will
include off -site improvements, for the portion of the access which is on the State Highway right-of-way.
Mr. Hastings stated there is a new provision in the improvements agreements which states if the
collateral is predominantly for on -site improvements, and there is a minimal amount of off -site
improvements, the collateral for the off -site improvements can be included within the on -site collateral.
In response to Commissioner Kirkmeyer, Mr. Hastings confirmed the County will retain the on -site
collateral if the off -site improvements are not fulfilled. Mr. Hastings stated this method was requested
by numerous companies that did not want to have to provide two separate collaterals and staff deemed
it to be an appropriate change; however, separate collateral will continue to be required for off -site
improvements in situations where there are a significant amount of off -site improvements. In response
to Commissioner Rademacher, Mr. Hastings stated the Colorado Department of Transportation (CDOT)
determined there are adequate accesses and did not require acceleration and deceleration lanes to be
constructed. Commissioner Kirkmeyer stated Item 7.2 in the improvements agreement states,
"Collateral for off -site improvements mentioned in Section A.1 of this agreement that include only
improvements involving turning radii and approaches can be included as part of the on -site collateral
amount, if clearly delineated on accepted construction plans and differentiated on Exhibit A;" however,
she does not see the off -site improvements identified on Exhibit A. Mr. Hastings stated Exhibit A needs
to be clearer. Commissioner Kirkmeyer stated the off -site exhibits must be specified on Exhibit A for
the County to be able to retain the collateral for those improvements. Mr. Hastings concurred and
stated he will add more details to Exhibit A.
Commissioner Rademacher stated Item 7.4 in the improvements agreement states, "Road
maintenance collateral shall not be used for repairs to improvements that immediately access the
facility, such as acceleration and deceleration lanes at the entrance," and the improvements seem to
include the facility's immediate access. Mr. Hastings stated the access improvements are technically
off -site improvements. In response to Commissioner Rademacher, Mr. Hastings stated expanding the
radii at the entrances will increase safety by preventing the trucks from needing to cross into oncoming
lanes of traffic in order to turn.
Commissioner Kirkmeyer reiterated she wants to see the off -site improvements clearly delineated on
Exhibit A, in order to ensure the collateral can be retained until the off -site improvements are complete.
She stated the Board is concerned because there have been instances that collateral has been
released without the necessary improvements to State highways being completed. Mr. Barker stated
he will work with Mr. Hastings to finalize the language for Exhibit A today. Commissioner Kirkmeyer
moved to approve said improvements agreement, authorize the Chair to sign, and accept said collateral
Minutes, November 23, 2009 2009-3099
Page 7 BC0016
for Site Plan Review, SPR #427, with the direction to amend Exhibit A, to delineate the required off -site
improvements and to clearly state the collateral for the on -site improvements will be retained until the
on -site and off -site improvements are complete. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1662 - NOBLE ENERGY, INC.: Mr. Ogle stated on November 13, 2009,
the Department of Planning Services received a cash deposit, in the amount of $4,940.00, for the
off -site improvements associated with the Noble Energy, Inc., pipe yard facility. He stated the
Departments of Planning Services and Public Works and the County Attorney have determined the
amount is sufficient.
Mr. Hastings stated the site is located west of the intersection of State Highway 60 and County
Road 38, and CDOT does not have any concerns regarding the intersection. Commissioner Long
moved to approve said improvements agreement, authorize the Chair to sign, and accept said collateral
for Use by Special Review Permit #1662. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #425 - RUBY HAMMOND: Mr. Ogle stated staff from the Department of Public Works conducted
a field check on October 20, 2009, and staff determined the site is in compliance with all transportation
related items; and staff from the Department of Planning Services has also conducted an inspection
and determined all of the non -transportation related improvements have been completed. He stated
the Department of Public Works has determined the private on -site improvements are complete and
recommends release of collateral, in the amount of $5,058.00, and it finds the off -site improvements
acceptable and it recommends releasing 85 percent of the collateral, in the amount of $3,334.55, and
retaining 15 percent of the collateral, in the amount of $588.45, for the warranty period.
Commissioner Kirkmeyer stated the amount listed in the fourth paragraph of the Resolution is incorrect;
it should be $8,818.00, rather than $8,828.00. Mr. Ogle concurred.
Mr. Hastings stated the property is located at County Roads 4 and 27, east of U.S. Highway 85, and
near Vestas Blades America, Inc, and concurred with the recommendation for the partial release of the
collateral.
Commissioner Rademacher moved to approve said partial cancellation and release of collateral for Site
Plan Review, SPR #425, with the correction to the incorrect amount listed in the Resolution. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT #1607 - DONALD EYMANN, DBA RECREATIONAL STORAGE SOLUTIONS, LLC: Mr. Ogle
stated the Department of Planning Services received a letter from the applicant, dated
November 5, 2009, which indicated the on -site improvements have been completed. He stated site
inspections have been conducted by the Departments of Planning Services and Public Works and staff
has determined all of improvements have been completed; therefore, release of the collateral is
recommended, in the amount of $65,539.00.
Mr. Hastings stated this property is a recreational vehicle storage site and it is located on County
Road 6. He concurred with the recommendation for the release of the collateral.
Minutes, November 23, 2009 2009-3099
Page 8 BC0016
Commissioner Long moved to approve said cancellation and release of Collateral for Use by Special
Review Permit #1607. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR FINAL PLAT, S #381 - WEST
HILL -N -PARK, INC., FOURTH FILING: Mr. Ogle stated this item of business was discovered as a
result of staff's effort to clean up the collateral list. He stated staff from the Department of Planning
Services inspected the property in September, 2009, and it determined the required improvements are
complete; therefore, the full release of collateral is recommended, in the amount of $6,000.00. In
response to Chair Garcia, Mr. Ogle confirmed the collateral was submitted in the year 1996. Mr. Ogle
stated the collateral was being retained until grass was planted in the open space on the site and an
irrigation system was installed, and both of those improvements are complete. In response to Chair
Garcia, Mr. Hastings indicated he does not have any additional information regarding this item of
business. Commissioner Rademacher moved to approve said cancellation and release of collateral for
Final Plat, S #381. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR FINAL PLAN, S #315 -
BALDRIDGE PUD, FIRST FILING: Mr. Ogle stated this item of business was also discovered as the
result of staff's effort to clean up the case files, and he recommended approval the full release of the
collateral.
Mr. Hastings stated the property is located south of County Road 119 and it is adjacent to Vestas
Blades America, Inc.
Commissioner Kirkmeyer inquired as to why the Resolution refers to two different collateral amounts,
and she inquired as to whether there is still a road maintenance agreement in effect with the applicant,
since there is a road maintenance agreement and an improvements agreement mentioned in the
Resolution. Mr. Hastings stated he was unable to locate any road maintenance agreements associated
with the site; however, there should have been one. Mr. Ogle stated he located a Resolution, dated
November 5, 1992, which states $15,000.00 from the full collateral amount was retained for on -site
improvements. Commissioner Rademacher moved to approve said cancellation and release of
collateral for Final Plan, S#315. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR WIND MONITORING TOWERS
- GREENLIGHT ENERGY, INC.: Mr. Ogle stated Greenlight Energy, Inc., installed a wind farm near
the State of Wyoming border, and an agreement was entered into which allowed a wind monitoring
tower to be installed prior to the application for a Use by Special Review permit. He stated the wind
monitoring tower has been removed; therefore, it is recommended the collateral, in the amount of
$5,750.00, be released. Commissioner Kirkmeyer moved to approve said cancellation and release of
collateral. Seconded by Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, November 23, 2009 2009-3099
Page 9 BC0016
There being no further business, this meeting was adjourned at 10:20 a.m.
Weld County Clerk to the Board
/Th i )
BY. _ 4,l Lao
De. Clerk t. the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Minutes, November 23, 2009 2009-3099
Page 10 BC0016
Hello