HomeMy WebLinkAbout20080661.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 25, 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, February 25, 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 - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 20,2008,as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on February 20, 2008, as follows: 1) USR#1626-Jeffrey Seewald; 2) USR#1634- Reynaldo
and Mayra Bonilla, do The Carroll Group, Ltd.; 3) USR#1635 - Opal Elaine Stuart and Larry Speer; and
4) USR #1625 - Aurora Dairy Corporation. Commissioner Masden 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2008-0661
BC0016
03-04-6g
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $695,644.76
Electronic Transfers - All Funds $1,503.26
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY TREASURER TO CANCEL COUNTY TAX
LIEN SALE CERTIFICATE: Bruce Barker, County Attorney,stated the Treasurer is requesting that County
Tax Lien Sale Certificate #615/03 be cancelled since there was a subsequent County Tax Lien Sale
Certificate, #568/04, issued on November 4, 2004. Mr. Barker explained Dave Becker, owner of County
Tax Lien Sale Certificate #615/03, did not endorse nor seek redemption of the Certificate. He stated
pursuant to State Statute, the Board has the authority to cancel the County Tax Lien Sale Certificate.
There were no representatives of Dave Becker nor Thomas Green present. Commissioner Rademacher
moved to approve said authorization. Seconded by Commissioner Masden, the motion carried
unanimously.
PLANNING:
CONSIDER EMERGENCY VIOLATION HEARING FOR ZCV #0800049 - JACK WALKER: Bethany
Salzman, Department of Planning Services, stated the property owner is Jack Walker, and the property
is 5.9 acres in size. Ms. Salzman stated to bring the property into compliance, a Use by Special Review
(USR) Permit shall be obtained and recorded. She stated the property has been "Red Tagged" by the
Building Department due to installation of the structure without first obtaining the necessary permits. She
further stated the Fort Lupton Fire Department has ordered that painting in the building shall cease due
to the highly combustible and flammable paints, and the Colorado Division of Air Quality Control has
required that an APEN permit be obtained prior to any further painting activity. In response to Chair Jerke,
Ms. Salzman stated there is not a USR permit for this property; however, it has been segmented by a
Recorded Exemption. Further responding to Chair Jerke, Ms. Salzman stated historically the use on this
property has been solely agricultural. In response to Commissioner Masden, Ms. Salzman stated she is
unaware of the electrical status and she will allow Roger Vigil, Building Department, to answer questions
of this nature. Further responding to Commissioner Masden, Ms. Salzman stated last November
Mr. Walker met with the on-call planner, Roger Caruso, Department of Planning Services, and he was
informed a USR permit is required for the desired use. In response to Commissioner Rademacher,
Ms. Salzman stated there is not a water supply on the site, including wells. In response to Commissioner
Masden, Phil Brewer, Department of Public Health and Environment, stated the air permit was supposed
to have been applied for and issued prior to commencing painting on this site. He stated no application
was received by the State Air Pollution Control Division until February 13, 2008. Further responding to
Commissioner Masden, Mr. Brewer stated the emission of particulate materials and hazardous air
pollutants are environmental concerns regarding the activity on this site. Responding to Commissioner
Masden, Mr. Brewer stated the paints and thinners are stored in original containers until used and the
waste materials are appropriately stored and disposed of by an approved hazardous waste disposal
company. In response to Commissioner Garcia, Mr. Brewer stated he has not observed the employee
practices at the site. In response to Commissioner Garcia, Laurie Exby, Department of Public Health and
Environment, stated she observed some of the employees on the site on February 4, 2008 and the
employees were wearing suits and head coverings; however, she did not observe any respirators at that
time. Mr. Vigil stated he has not been to the site; however, he has seen pictures and the site does not
meet code standards. He stated even temporary structures require a permit, and the site needs to meet
Minutes, February 25, 2008 2008-0661
Page 2 BC0016
the ingress/egress requirements. In response to Commissioner Masden, Mr. Vigil stated all of the
international codes will need to be met by the establishment regarding ventilation, ingress/egress,
plumbing, and electrical requirements. In response to Commissioner Rademacher, Mr. Vigil stated there
has been no building permit issued for the structure. In response to Chair Jerke, Mr. Vigil stated a
generator is acceptable; however,the indoor electrical system must meet code standards. Ted Bendelow,
attorney for Mr. Walker, stated Mr. Walker is seriously ill and unable to attend. Mr. Bendelow explained
Mr. Walker is the landlord of the property and his position on the matter is neutral. He stated the tenant
does not have the right to engage in illegal activity, and if the tenant is engaging in an illegal act,
Mr. Walker will notify the tenant to cease the activity or they will be evicted from the premises. Christopher
Ernst, attorney for Dalvin Ickler, tenant, stated when his client initially contacted the Department of
Planning Services regarding applying for a USR there was confusion about whether the structure was
covered under an existing USR permit. Mr. Ernst stated he subsequently met with Kim Ogle, Department
of Planning Services, regarding establishing a schedule for the application process for a USR permit. He
stated regarding the storage of chemicals, he has a letter from the State Department of Public Health and
Environment indicating there are no violations in this area, and he entered the letter into the record,
marked Exhibit A. In response to Chair Jerke, Mr. Ernst stated it is the intention of his client to obtain a
USR permit to change the permitted uses of property, and they will work in conjunction with the owner of
the property. In response to Commissioner Rademacher, Mr. Ernst confirmed he understands the Board
has determined the painting activity on the site shall cease and desist until a USR permit has been issued.
In response to Commissioner Garcia, Mr. Ernst stated the painting did not commence until January and
the inspection by the State occurred in December. He stated the State APEN permit has been applied for
and is currently being processed. In response to Commissioner Rademacher, Ms. Salzman stated
Mr. Ernst has not begun the process of applying for a USR permit, which typically takes approximately 60
days to process if it is diligently worked on. She stated staff recommends the painting operation be halted
until the plat is recorded for a USR, due to safety concerns. Larry Richardson, Fire Marshal, Fort Lupton
Fire Protection District, stated he made a complete report on his findings, and has met with Mr. Ickler on
multiple occasions. Mr. Richardson stated he has not observed the painting in progress; however, it was
requested that Mr. Ickler move the workers outside to paint. Phil Tiffany, Fire Chief, Fort Lupton Fire
Protection District, stated the structure is not an appropriate one to paint in, due to the lack of ventilation
and being a fire hazard. Mr. Tiffany stated if a new structure is built, it must meet the fire code. In
response to Commissioner Rademacher, Mr. Ernst stated a fire suppression system has been ordered,
and will be a part of the structure. Mr. Vigil stated a brand new structure is needed, since the current
structure is unable to meet code standards. Mr. Bendelow stated a range of concerns were expressed
today; however,the letter to his client only addressed stopping painting at the facility,and a comprehensive
letter detailing the violations and requirements will be helpful for the owner. Mr. Ernst stated he would also
find such a letter helpful since his job is to assist the client in achieving compliance on the property.
Mr. Barker stated all of the information the Board is able to review on this matter is available to the clients'
attorneys; however, the Board should also include a list of items which are in noncompliance with the
County Code, in the Resolution, including the lack of a USR permit and building permits. He stated the
operation must be brought into compliance with the Code before obtaining the necessary permits. He
further stated the Board may give him permission to take immediate legal action so he may begin the
process of seeking an injunction against the tenant, to keep the activity from occurring. Commissioner
Garcia moved to require that all painting operations cease until the Code requirements have been met,
and to refer to the County Attorney, with a delay of seven days to allow time for the USR application to be
submitted. Mr. Barker stated he would prefer the opportunity to bring action against the tenant at this time.
Commissioner Garcia amended his motion to indicate that immediate legal action may be taken by the
County Attorney if it is determined painting is still occurring on the property. Commissioner Masden
seconded the motion. Commissioner Rademacher moved to refer the matter to the County Attorney, for
immediate legal action, for the reasons previously discussed. In response to Commissioner Garcia,
Mr. Barker stated the Resolution does not demand a cease and desist because the Board may not make
such a determination, the court may. Mr. Barker further explained the Board does not have the authority
Minutes, February 25, 2008 2008-0661
Page 3 BC0016
to require the tenant cease and desist; however, the County Attorney may seek an injunction to keep an
activity from occurring. Commissioner Masden seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:56 a.m.
BOARD OF COUNTY COMMISSIONERS
urtetia/a/4 WELD COUNTY, COLORADO
ATTEST: '� 71-c 71A-'J" V il,i@m H. Jerke, Chair
Weld County Clerk to the Board "` ��rZif
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�+£ Robert D. Arid n%hem
BY:
Deputy erk to the Board b
William F. Garcia
EXCUSED
David E. Long
ouglas ademacher
Minutes, February 25, 2008 2008-0661
Page 4 BC0016
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