HomeMy WebLinkAbout20081583.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 2, 2008
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, June 2, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 28, 2008, and the minutes of the Board of Social Services meeting of May 28, 2008, as
printed. Commissioner Garcia seconded the motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on May 28, 2008, as follows: 1) USR#1644- Jack and Vicki Pierson. Commissioner Garcia
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 Masden moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $246,770.59
Electronic Transfers -All Funds $1,789,264.14
Human Services $54,651.74
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Garcia seconded the motion, which carried unanimously.
OLD BUSINESS:
FINAL READING OF ORDINANCE #2008-3, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY CODE (CON'T
FROM 05/19/08): Commissioner Masden moved to read Ordinance #2008-3 by title only. Seconded by
Commissioner Long, the motion carried unanimously. Bruce Barker, County Attorney, read said title into
the record and stated the matter was continued from May 19, 2008, in order to obtain further information
regarding the definition of an oversized vehicle. He indicated after speaking with Bethany Salzman,
Department of Planning Services, he concurs with the language as presented, stating, "Oversized Vehicle
means any vehicle which exceeds thirty(30) feet in length, or seven (7) feet in width, or seven (7) feet in
height," as it gives a broader description for semi-trucks, which will be prohibited from parking on
right-of-ways within rural subdivisions.
Ms. Salzman clarified this language is being added to the Weld County Code, in conjunction with the
requirement for a zoning permit for a commercial vehicle to be parked within a subdivision. She explained
due to the density of a subdivision, children are more likely to be present, and the commercial vehicles
block views while parked on the side of the street. Chair Jerke indicated the previous decision was
whether the definition should contain the words "or" or"and", and he believes the limitation of seven (7)
feet in height is too restrictive for some pickups or camper trailers. Ms. Salzman indicated camper trailers
were excluded from the definition, and indicated the definition, as stated with the word "or"will prohibit the
parking of flatbed semi-trailers. She clarified oversized vehicles will be prevented from parking on road
right-of-ways; however, a property owner may park an oversized vehicle on their own personal property.
Chair Jerke indicated he does not remember the work session discussions including concerns regarding
the safety of children within subdivisions, and he remembers the discussion centering on the concern of
neighbors. Commissioner Masden indicated he concurs with the language as presented. Chair Jerke
indicated the definition, as presented, means that any vehicle parked on a road, which exceeds seven (7)
feet in height, may be ticketed. Commissioner Garcia indicated he concurs with the presented language,
since this definition is only for vehicles which are parked within right-of-ways, and not on personal property,
and Ms. Salzman concurred. Chair Jerke expressed his desire to ensure the intent of the language is
appropriate, and he does not want residents of rural subdivisions to receive mixed messages from staff.
No public testimony was provided regarding the matter. Commissioner Garcia moved to approve
Ordinance#2008-3 on final reading. The motion was seconded by Commissioner Masden,and he clarified
it is the Board's desire that the language does not create unintended consequences; however, the
language may be revisited in the future for further adjustment, if necessary. There being no further
discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER ADDENDUM TO AGREEMENT TO PURCHASE GROUP HOME/GROUP CENTER CARE
SERVICES AND AUTHORIZE CHAIR TO SIGN - A KIDZ HOPE HOMES, INC.: Judy Griego, Director,
Department of Human Services, stated the addendum is for the time period ending June 30, 2008. She
and explained the base rate of$95.00 per day has been negotiated, based upon care and services, and
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was set by the Colorado Department of Human Services. In response to Commissioner Long, Ms. Griego
indicated this vendor is an entirely different entity than Kidz Ark. Commissioner Long moved to approve
said addendum and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH
RANGE BEHAVIORAL HEALTH MULTI-CULTURAL SERVICES: Ms. Griego stated the term of the
agreement is June 1, 2008, through May 31, 2009, and the source of funding is Head Start and Migrant
Head Start funds. She stated North Range Behavioral Health will provide mental health and wellness
services for eligible families, children, and staff of the Family Educational Network of Weld County
(FENWC). She further stated FENWC will provide all reasonable facilities, equipment, and supplies to
North Range Behavioral Health,and a maximum reimbursement of$10,000.00 will be provided, calculated
at a hourly rate of$55.00, for a total of approximately 182 annual hours. In response to Chair Jerke, Ms.
Griego stated this agreement deals with the division of North Range Behavioral Health which specializes
in bilingual services, and confirmed the services will be provided to migrant families. Commissioner Long
clarified the Multi-Cultural division is a separate division of North Range Behavioral Health,which contains
separate funding. Chair Jerke indicated he was not aware that mental health services contained a
separate cultural context. Ms. Griego indicated future FENWC agreements will be reviewed by the Board
within work sessions. Commissioner Long moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER 2009 ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Department is requesting approval of the Annual
Plan and Budget for the Area Agency on Aging, in the amount of $1,127,203.00, and she named the
various programs which are supported through the Budget. She stated the Budget is for the time period
of July 1, 2008, through June 30, 2009. Commissioner Long moved to approve said Annual Plan and
Budget and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF 25TH AVENUE BETWEEN "F" STREET AND "O" STREET:
Don Carroll, Department of Public Works, stated 25th Avenue, between F Street and O Street, adjacent
to the Spanish Colony north of the City of Greeley, will be closed from June 9, 2008, through June 19,
2008,for rotomill work and the installation of a culvert. He gave a brief description of the detour route, and
indicated there are no current traffic counts within the immediate area. In response to Commissioner
Garcia, Mr. Carroll confirmed that local access will be accommodated for residents within the adjoining
subdivision. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 24 AND 26: Mr. Carroll stated County
Road 19, between County Roads 24 and 26,will be closed from May 27, 2008, through May 30, 2008, due
to a collapsed culvert. He gave a brief description of the detour route, and indicated the average daily
traffic count is approximately 1,500 vehicle trips. He clarified the Department will replace irrigation pipe,
and up size the pipe from 19 inches to 24 inches. Chair Jerke requested that the Department provide a
road closure warning for motorists traveling on State Highways 66 and 52, since County Road 19 is a
heavily traveled road. Mr. Carroll indicated he will pass along the request for additional signage.
Commissioner Masden moved to approve said temporary closure. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 76 BETWEEN CRS 53 AND 55, AND CR 55 BETWEEN
CRS 74 AND 76: Mr. Carroll stated the North Weld County Water District has requested closure of County
Road 76, between County Roads 53 and 55, and closure of County Road 55, between County Roads 74
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and 76, which is located one mile east of the Galeton grader shed. He stated the District owns two water
tanks, and is proposing to up size the water line in the area,which will include trenching work along County
Road 76, for approximately 5,300 feet, and then south for an additional 2,800 feet to the location of the
elevated tank. He further stated a 12-inch water line will be installed, in order to help water flow from the
elevated tank, and to increase pressure for adjacent property owners. He indicated the roads will be
closed for approximately fifteen to twenty days, the average daily traffic count within the area is
approximately 165 vehicle trips, local traffic will be accommodated, and no trenches will be left open
overnight. In response to Chair Jerke, Mr. Carroll indicated there shall be no disruptions to irrigation flows.
Commissioner Masden moved to approve said temporary closure. The motion was seconded by
Commissioner Garcia. Commissioner Masden stated the irrigation water is critical for surrounding property
owners at this time of year, therefore, he requested that the required work not affect any of the irrigation
ditches in the surrounding area. There being no further discussion, the motion carried unanimously.
CONSIDER APPROVAL OF EXTENSION OF TEMPORARY PERMIT FORA HOTEL AND RESTAURANT
LIQUOR LICENSE FOR JENSEN ENTERTAINMENT, LLC,DBAT-BONES RESTAURANT AND LOUNGE
AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the Board previously granted a temporary license
to the applicant, which is valid for a period of 120 days, for the purpose of completing the transfer of
ownership requirements. He indicated there was a mis-communication regarding the background
investigation and fingerprint results from the Colorado Bureau of Investigations, and the temporary permit
has expired. He indicated the Board may extend the temporary permit for an additional period of 60 days,
in order to allow time to obtain the necessary information to complete the transfer of ownership request.
In response to Chair Jerke, Mr. Barker indicated only one extension, for a period of 60 days, is allowed by
State statute. He clarified the procedure for receiving fingerprint results has recently changed, therefore,
the results for this applicant were unexpectedly delayed, and the hearing for the transfer of ownership will
be scheduled within the next couple of weeks. Commissioner Garcia moved to approve said extension
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR REHABILITATING RUNWAY 9/27 COMPLEX AND AUTHORIZE
CHAIR TO SIGN: Mike Riesman, Greeley-Weld County Airport, requested approval of a grant agreement
from the Federal Aviation Administration (FAA), in the amount of$261,240.00. He stated the grant funds
will be utilized to complete a seal coat and re-striping project for Runway 9/27, and the remaining funds,
along with funds from a separate grant with the State, will be utilized to complete Phase Three of the
security fencing project. He indicated the Greeley-Weld County Airport Authority has authorized approval
of the grant agreement, and the City of Greeley is expected to approve the grant at the City Council
meeting on June 3, 2008. In response to Commissioner Masden, Mr. Riesman indicated 95 percent of the
funds will be provided by the FAA, a five percent match will be provided by a State grant, and the City of
Greeley and Weld County will each provide half of the remaining 2.5 percent match, in the amount of
$1,973.50. Further responding to Commissioner Masden, Mr. Riesman indicated the completed
improvements will extend the life of the runway pavement by approximately five years, and the fencing
improvements will provide a long-term solution for security issues. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (P0012682) - TPI PETROLEUM,
INC.: Christopher Woodruff, Assessor, stated the petition is for personal property located within the
Diamond Shamrock gas station within the City of Fort Lupton. He indicated the request is to adjust the
2005 tax value, in order to match the stipulation which was approved for tax year 2006. He clarified TPI
Petroleum, Inc., and Diamond Shamrock Stations, Inc., filed appeals throughout the State of Colorado,
and Weld County chose to resolve the issue independently of the decision by the State, which is still in
negotiations. He indicated a 26.5 percent reduction has been issued for the value of the person property,
to account for obsolete equipment. He stated the change in value for year 2005 will create a refund in the
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amount of$1,290.27. Chair Jerke indicated the petitioner had a very different perspective of the worth of
the property, and he is pleased that the Assessor's Office has been able to agree upon a stipulated
agreement. Commissioner Masden moved to approve said petition, based upon staffs recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R6167586) - TPI PETROLEUM,
INC.: Mr. Woodruff stated this petition is for the real property for the same gas station mentioned in the
previous item of business. He clarified the 2005 valuation has been adjusted to reflect the valuation
stipulated for tax year 2006, resulting in a tax refund in the amount of$2,289.34. Commissioner Garcia
moved to approve said petition, based upon staffs recommendation. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R2396786) - DIAMOND
SHAMROCK STATIONS, INC.: Mr. Woodruff stated this petition is similar to the previously discussed
items of business, for the gas station located on 35th Avenue, within the City of Greeley. He clarified the
2005 valuation has been adjusted to reflect the valuation stipulated for tax year 2006, resulting in a tax
refund in the amount of$2,582.01. In response to Chair Jerke, Mr. Woodruff confirmed this gas station
is located at the intersection of U.S. Highway 34 and 35th Avenue, within the City of Greeley, and he
provided a brief explanation of how the assessed valuation is determined. Commissioner Long moved to
approve said petition, based upon staff's recommendation. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R4060986) - DIAMOND
SHAMROCK STATIONS, INC.: Mr. Woodruff stated this petition is for the gas station located within the
Town of LaSalle, and indicated the situation is similar to the previously discussed items of business. He
stated the 2005 valuation has been adjusted to reflect the valuation stipulated for tax year 2006, resulting
in a tax refund in the amount of$1,267.98. Commissioner Masden moved to approve said petition, based
upon staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CHARLES MANTER: Mr.Woodruff
stated the petition was filed in error for tax year 2007, and included non-taxable items within the list of
personal property, including a patient list and trade name costs, which are intangibles and not taxable as
personal property. He further stated the applicant included three leased assets which should not have
been included within the assessment. He stated the petitioner did not file a protest, therefore, the petition
requests adjustment of the valuation for 2007, which will result in a refund in the amount of$5,291.39. In
response to Chair Jerke, Mr. Woodruff the client list was included as an asset; however, it was not listed
as a client list. Commissioner Long moved to approve said petition, based upon staffs recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER DUST BLOWING COMPLAINT- LUIS AND ROGELIO NUNEZ: Stephanie Arries, Assistant
County Attorney, stated a complaint was received from surrounding property owners, Michael and Karen
Grillos, and a letter was sent to Luis and Rogelio Nunez, as well as the complainant. She indicated the
Natural Resources Conservation Service (NRCS) was also contacted, and a representative from the
Adams County office,Jan Fritch, completed a site inspection; however, Mr. Fritch was unable to speak with
the landowners. Mr. Barker recommended the Board allow the complainant to speak first,so that the items
of concern may be addressed, as they relate to Section 35-72-103, of the Colorado Revised Statutes. He
stated the Board must determine whether the dust which has been blowing constitutes an emergency,and
whether the dust blowing has caused damage, therefore, Mr. Grillos can present testimony of the damage
he has suffered. He further recommended the Board hear testimony from Mr. Fritch and then testimony
from the property owner. He indicated the Board must adhere to State statute, and he read
Section 35-72-103(1), C.R.S., into the record, indicating the Board may issue a citation to the property
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owner, and occupant, if known, specifying the nature of the treatment required, and the date by which such
treatment shall commence and shall be completed, and he clarified the Board's action is limited to the
treatment of the soil. He further indicated past recommendations have included fencing, and placement
of tree limbs, etcetera; however, State statute is clear that the Board may only order what may be done
to the soil to make it stop blowing. Upon request by Rogelio Nunez, property owner, Chair Jerke issued
a recess in order for staff to locate a translator for the proceedings.
Upon reconvening, Chair Jerke requested that Mr. Barker provide a brief summary of the matter to be
considered by the Board. Mr. Barker read the State statute references previously provided into the record,
and suggested the Board first obtain testimony from the complainant, Mr. Grillos, followed by testimony
from the NRCS representative, Mr. Fritch.
Michael Grillos, complainant, submitted a copy of the site plan for his property, marked Exhibit A, and
stated he has highlighted the site plan to indicate the soils migrating from the adjacent property,specifically
the southwest corner of the site. Mr. Barker requested the dialogue be kept at a slower pace, so that the
interpreter is able to adequately interpret what is being stated. Mr. Grillos indicated the soil is migrating
and is now in excess of a foot deep, and has created a wedge-shaped drift along an area of approximately
15 feet from the fence line. He submitted a compact disc, marked Exhibit B, which contains four videos,
each approximately 30 seconds in length, which depict the blowing soil conditions on his site. He further
indicated the videos were taken from various perspectives on his property, and there are also several still
pictures on the disc as well. Chair Jerke requested Mr. Barker load the disc so that the Board may view
the videos. In response to Chair Jerke, Mr. Grillos indicated the videos and pictures illustrate the problems
associated with the blowing dirt, and he indicated he is here today to seek remedy from the damage
caused by the blowing dirt. In response to Commissioner Garcia, Mr. Grillos stated the areas highlighted
on the provided site plan are grassland areas which have been planted with various grass seeds to
encourage re-vegetation of the area. Further responding to Commissioner Garcia, Mr. Grillos indicated
he has experienced problems with blowing dirt for approximately six or seven months, and he believes the
Nunez family has owned the adjacent parcel for approximately three years. He further stated he previously
sent an e-mail to Commissioner Masden regarding the situation, a copy of which was submitted as
Exhibit C, and the e-mail provides an overview of the problems he has been experiencing. He clarified the
adjacent property is approximately 29 acres in size, and contains approximately 46 animals, therefore, he
believes the property may be over grazed. Responding to Chair Jerke, Mr. Grillos indicated the adjacent
property is dryland, not irrigated, and contains goats, cows, and horses; however, he is not able to identify
how many acres are necessary to support the livestock on the land. Chair Jerke clarified the
representative from the NRCS will be able to address this issue during his presentation. In response to
Commissioner Masden, Mr. Grillos stated the blowing dirt is extending onto his property for a distance of
approximately 20 feet at the southeast corner, and approximately two to three feet at the northeast corner.
He further stated the dirt is burying his grass and trees, and is piling up along the fence line. Mr. Barker
indicated he is not able to open the videos on the disc, and is only able to open one photograph. Mr.
Grillos indicated the photograph on the disc depicts the condition of the property approximately three years
ago, indicating the various grasses which grow on the site. Mr. Barker indicated he will try another
program to try and open the videos on the disc.
In response to Chair Jerke, Jan Fritch, NRCS representative, confirmed he contacted the Nunez family
on several occasions; however, he was not able to speak with any member of the family, therefore, he was
not able to enter the property. He indicated he wrote up possible mitigation measures; however, he was
not able to verify whether the dirt was indeed blowing, as described by Mr. Grillos. In response to Chair
Jerke, Mr. Fritch indicated the date he visited the site was the same date as the recent tornado within Weld
County, and it was visible that dirt was blowing on the site from the south to north. He further indicated
a lack of vegetation on the site was visible from the adjacent road. Further responding to Chair Jerke,
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Mr. Fritch indicated the Nunez property may be chiseled; however, the dirt is very sandy, and unless the
chisel is able to get deep into the soil, the process will dry out the soil, and continued problems will persist.
Noelia Nunez, daughter of Rogelio Nunez, stated the field has been chiseled before; however, turning the
dirt created a bigger problem. Mr. Fritch indicated the next step would be to apply heavy manure after
chiseling. Ms. Nunez indicated she is concerned the neighbors will complain about the smell of the
manure.
Rogelio Nunez, property owner, through interpretation by Rose Lopez, stated there has been a lot of dirt
on his property this year, and it has been difficult to contain. Ms. Nunez confirmed it has been a hard year
due to excess wind, a lot of the dirt has even blown inside the residence, and there has been an excessive
amount of tumbleweeds on the property.
Rogelio Nunez, Jr., son of Rogelio Nunez, stated there is excessive dirt all along County Road 4, and he
is not sure where the dirt is blowing from. He indicated in the winter time, the dirt blows from north to
south; however, during the past few months, the dirt has been blowing from south to north. He further
indicated there are many agricultural fields surrounding the property, and it is impossible to determine
where the dirt is actually blowing from. In response to Chair Jerke, Mr. Fritch indicated the blowing dirt
creates a problem for the entire region. Further responding to Chair Jerke, Mr. Fritch indicated he could
provide suggestions for sustainability of the property; however, he was not able to discuss the long-term
goals for the property with Mr. Nunez, therefore, his recommendations may not be relevant. He stated Mr.
Nunez could rent the field to a local farmer, in order to establish a ground cover, and to control blowing soil;
however, it is a multi-year process to correctly establish a ground cover. He explained the field could be
farmed by the Nunez family; however, the family has indicated they do not have the proper equipment.
He indicated another option would be to plant sorghum or sudan grass, and with sufficient moisture, the
crop growth will control erosion. He clarified other options may be adequate; however, he will need to be
made aware of the applicant's long-term plans for the property.
In response to Commissioner Masden, Mr. Fritch indicated the area which is being over grazed may be
fenced off as a buffer area, and it would be proper to place manure and plant some type of grass.
Ms. Nunez indicated the property contains 35 acres, and the site does not contain an excessive amount
of animals. Mr. Nunez clarified he owns eighteen goats, two cows, and two horses. Ms. Nunez confirmed
the animals are fed, and are not allowed to graze. Ms. Nunez indicated she is not sure where the animals
will be placed if the ground is fenced off in order to provide re-vegetation. Commissioner Masden indicated
a strip of land will need to be fenced off, in order to plant material to re-vegetate the area near the property
of Mr. Grillos. Chair Jerke clarified it seems like the entire property requires re-vegetation.
Mr. Nunez clarified he does not have the adequate funds to purchase the required material to re-vegetate
the property. Ms. Nunez confirmed the family is not knowledgeable about farming operations, since the
family moved to Weld County from inner-city Los Angeles approximately three years ago. She stated the
family is at a loss as to how to re-vegetate the soil, since it is not feasible to remove the animals from the
property while the soil is being re-vegetated.
Mr. Barker indicated he is still having problems trying to open the videos on the disc, therefore, the Board
did not view the provided videos. In response to Chair Jerke, Mr. Barker clarified the Board has the ability
to make an order in accordance with the findings; however,the order may only be for treatment of soil,and
clarified an order of keeping the animals off of the property, or placement of a fence, is outside of the
provisions provided by State statute.
Commissioner Masden indicated he believes an emergency exists, and that there has been negligent
operations on the Nunez property, which has created damage to neighboring properties. He cited the
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findings, as described in Section 35-72-103(1), C.R.S., and indicated the overgrazing of the property has
led to negligence of the operation. In response to Chair Jerke, Mr. Barker indicated the Board must specify
the treatment necessary to prevent or lessen the soil blowing, a date to commence the treatment, and a
date by which the treatment must be completed.
Chair Jerke indicated he believes the correct treatment will be to deeply chisel the soil, followed by the
application of manure. Commissioner Masden concurred, and indicated the application of manure and the
planting of material will re-vegetate the ground cover. Chair Jerke indicated the treatment provided shall
be completed to the standards of the NRCS, therefore, the expertise regarding the correct type of plant
material in order to re-vegetate the soil will be provided to the property owner. Following discussion
between the Board and Mr. Barker, Chair Jerke suggested the applicant begin the treatment process by
June 16, 2008, and complete the re-vegetation process by the end of Fall, 2008. Mr. Barker clarified the
Statute references provide for treatment on an emergency basis only, and the Board's jurisdiction ends
when the property owner is able to prevent the soil from blowing. He indicated typically some type of
material will need to be planted to control the dirt blowing, and when the soil is prevented from blowing
temporarily, the Board's jurisdiction ends. Chair Jerke indicated a date of July 4, 2008, will be a sufficient
date to complete the immediate treatment necessary.
Ms. Nunez indicated the family is willing to provide the necessary treatment to the soil; however, they do
not desire to be back in front of the Board next year with the same problem. Chair Jerke indicated the
Nunez family should meet with the representative of the NRCS, and an agent with the Weld County
Extension Office, in order to discuss ways in which the soil may be adequately re-vegetated. Mr. Nunez
indicated he is concerned that he may not have adequate funds to complete the necessary work. Chair
Jerke indicated it is a possibility to contract with a neighboring farmer to grow winter wheat on the property,
through a landlord-tenant relationship,which will allow Mr. Nunez to also derive some income from the land
without having to do all the work. In response to Ms. Nunez, Chair Jerke indicated the Weld County
Extension Office will be able to provide contacts of farmers wishing to rent the land. Commissioner
Masden suggested the Nunez family contact the Henrylyn Irrigation Ditch Company, since the ditch
company knows all of the local farmers within the immediate area. Ms. Nunez questioned how much of
the land will be expected to be planted for re-vegetation purposes. Chair Jerke indicated the family will
need to consult with the NRCS representative and the Extension officers, who are experts in soil treatment
and re-vegetation, so that the matter can be accomplished appropriately. He stated Commissioner
Masden previously indicated the statement of findings, and recommended the deep chiseling of the soil
and manure application as treatment, to begin by June 16, 2008, and to be completed by July 4, 2008,
therefore, a motion needs to be made with these provisions. Mr. Barker cautioned Mr. Nunez that if the
appropriate steps are not taken, the Board has the ability, through State statute, to order the necessary
work to be completed, and the necessary costs will be assessed as a lien on the property, in the amount
of up to $15.00 per acre. Commissioner Masden further cautioned Mr. Nunez if the situation is not
rectified, surrounding property owners have to the right to initiate a civil lawsuit, and may prove, in court,
that they have been injured by the blowing of soil onto their respective properties. Mr. Nunez questioned
what will happen if he is not able to find a farmer to rent the land, and in response, Chair Jerke indicated
he must take care of the situation in whatever way possible, in order to cease blowing dirt from his
property.
Commissioner Garcia moved to adopt the findings as previously stated, and order the treatment methods
as previously stated, to commence no later than June 16, 2008, and to be completed by July 4, 2008.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN-BOULDER VALLEY SCHOOL DISTRICT RE-2: Mr. Barker stated a form of agreement
has been approved for these types of agreements; however, the Boulder Valley School District RE-2
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Page 8 BC0016
requested a modification of the language, therefore, the Board must consider this agreement separately,
as modified. He stated the School District requested that instead of automatically shipping the data to the
GIS Department, the data will be shipped when the GIS Department requests it, which is actually the
typical process. He indicated he concurs with the modification. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER APPOINTMENT TO FAITH PARTNERSHIP COUNCIL: Commissioner Long moved to appoint
Kelly Cocroft and Wayne Syas to the Faith Partnership Council. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER ESTABLISHING VOTE CENTERS FOR 2008 PRIMARY AND GENERAL ELECTIONS:
Mr. Barker stated the vote centers and precincts are typically approved within the same Resolution;
however, four new precincts were approved in February, 2008, therefore, this Resolution approves the
various locations of the vote centers. In response to Chair Jerke, Mr. Barker indicated he is not aware of
this item being discussed within a work session, and clarified the vote centers must be approved prior to
the primary election in August, 2008. Chair Jerke indicated he would like to schedule a work session to
review the proposed locations with Steve Moreno, Clerk and Recorder. Mr. Barker suggested approving
the matter today, and he will set up a work session for Mr. Moreno to discuss the locations of the vote
centers with the Board. He clarified there were some problems with a couple of the vote centers utilized
the previous year; however, a majority of the vote centers are the same vote centers utilized last year.
Chair Jerke indicated his concurrence with approving the matter today; however, Commissioner Masden
indicated he prefers to continue the matter, in order the discuss the need for a vote center within the Town
of Hudson. Following discussion among the Board regarding the need to add additional vote centers,
Commissioner Masden moved to continue the matter to June 9, 2008, at 9:00 a.m. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR STATE HIGHWAY 119 ACCESS CONTROL
PLAN AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated he has reviewed the plan, and a disc was
sent, which indicates the details of the plan, marked Exhibit A. He indicated the agreement is between
Weld County,the City of Longmont,and the Colorado Department of Transportation(CDOT),and is similar
to the previous agreements approved for U.S. Highways 34 and 85. In response to Chair Jerke, Mr. Barker
confirmed the plan was not drafted in conjunction with any annexation requests, and is an agreement for
a good access plan along State Highway 119. David Bauer, Department of Public Works, concurred with
Mr. Barker and stated the existing and proposed signals are indicated on the provided map, and the plan
will facilitate the projected future count of 60,000 vehicle trips per day. He further stated this is a solid
long-term plan which is consistent with CDOT's standards. Commissioner Masden indicated the plan is
necessary for the anticipated traffic within the area, and he moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-3 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, June 2, 2008 2008-1583
Page 9 BC0016
There being no further business, this meeting was adjourned at 11:10 a.m.
-- BOARD OF COUNTY COMMISSIONERS
Lf ; WELD COUNTY, COLORADO
ATTEST: -- _ �
1liam H. Jerke, �
Chair
Weld County Clerk to the B L I 6\ \,I�t,
Wwi' ,,r Robert D. Masden, Pro-Tem
BY.
9 i it '/ 1
Deputy Cler the oard 7 e, L-
Willi I F. Garcia
ci
David E. Long j
EXCUSED v/
Douglas Rademacher
Minutes, June 2, 2008 2008-1583
Page 10 BC0016
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