HomeMy WebLinkAbout20080917.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 24, 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, March 24, 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, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of March 19, 2008, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on March 19, 2008, as follows: 1) Hearings conducted on March 19, 2008: 1) USR #1625 -
Aurora Dairy Corporation; and 2) USR #1645 - Bradford and Jolene Luster. 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.
2008-0917
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $486,070.37
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER SHUTTLE TRANSPORTATION AGREEMENT FOR MIGRANT AND SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN - LAIDLAW TRANSIT, INC.: Walt Speckman,
Director, Department of Human services,stated the agreement is similar to the previous year's agreement,
which provides for transportation of children enrolled in the Head Start Program on the western slope. In
response to Chair Jerke, Mr. Speckman stated the transportation is provided between the months of March
and October. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZED PROVIDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN-AMERICAN
RED CROSS: Mr. Speckman stated the American Red Cross provides staff training for health and safety
issues within Head Start Classrooms. Responding to Chair Jerke, Mr. Speckman indicated this training
is provided for classrooms within Weld County, as well as on the western slope. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 23 AND 25: Wayne Howard,
Department of Public Works, stated County Road 38, between County Roads 23 and 25, will be closed
from March 24, 2008, to March 28, 2008, to replace a 15-inch culvert. He stated dust suppression will be
provided on the detour route, if necessary. In response to Chair Jerke, Mr. Howard confirmed that Platte
Sand and Gravel did have an agreement with Weld County for the upgrade of County Road 38; however,
the replacement of this culvert is for routine maintenance, and is not associated with that road project.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 59 AND 61: Mr. Howard stated County
Road 74, between County Roads 59 and 61, will be closed from March 24, 2008, to April 11, 2008, in
conjunction with a capital improvement project. He stated this section of County Road 74 is scheduled to
be paved this summer, and the work on the irrigation culverts will take place before spring irrigation
season. He further stated this section of road will again be closed this summer during the paving project.
In response to Chair Jerke, Mr. Howard confirmed that County Road 74 will be paved all the way to State
Highway 392 within the next two to three years, and the current traffic count within the area is
approximately 350 vehicle trips per day. Responding to Commissioner Rademacher, Mr. Howard indicated
the closure is expected to last three weeks due to the detailed work involved with replacing a 40-inch
culvert, including the necessary rip-rap work, and relocation of the necessary utilities. He further stated
the channel is degrading, therefore, extensive work is necessary to prevent roadway erosion. In response
to Chair Jerke, Mr. Howard reiterated this road is currently a gravel road; however, it will be paved within
the next few months. Commissioner Garcia moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 21 BETWEEN CRS 14 AND 14.5: Mr. Howard stated
County Road 21, between County Roads 14 and 14.5, will be closed from March 31, 2008,to April 4, 2008,
to replace a culvert. He indicated dust suppressant will be utilized along the detour route, if necessary.
Minutes, March 24, 2008 2008-0917
Page 2 BC0016
In response to Chair Jerke, Mr. Howard indicated the size of the culvert is 60 inches. Responding to
Commissioner Masden, Mr. Howard stated a steel culvert is more affordable than a concrete box culvert.
In response to Chair Jerke, Mr. Howard indicated he is not familiar with the culvert location; however,
County maintenance staff is recommending replacement of the culvert, and he believes the culvert is
utilized for storm drainage. Commissioner Rademacher moved to approve said temporary closure.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO CR29
(71ST AVE) BETWEEN C STREET AND CR 64 AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY: Mr. Howard stated the City has proposed modifications to the original agreement, which was
approved by the Board on January 7, 2008. He explained City of Greeley staff will now complete the road
design of 71st Avenue, between C Street and County Road 64; however, Weld County was originally
responsible for the design, surveying, and construction of the road. He stated the City of Greeley will now
be responsible for the design responsibilities, and the Department of Public Works concurs that the City
of Greeley is capable to provide the design. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CAMPUS POLICE OFFICER PROGRAM AND
AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE: Ken Poncelow, Sheriff's Office, stated
the agreement provides for the placement of Sheriff Deputies on the campuses of AIMS Community
College, and the arrangement has been working very smoothly. In response to Commissioner
Rademacher, Mr. Poncelow indicated Deputies are stationed at all of the AIMS campuses, and AIMS
provides the necessary funds for the Deputies. In response to Chair Jerke, Mr. Poncelow indicated the
agreement provides for 2.5 full-time equivalent positions. Mr. Warden clarified the County is providing the
capital for the necessary vehicles, which will be amortized and reimbursed over a period of three years.
Commissioner Masden indicated the communication process will be smoother by utilizing one agency
instead of several municipalities working together. Mr. Poncelow indicated AIMS has also contracted with
the Sheriff's Office for the Loveland campus as well. Commissioner Garcia expressed his appreciation
for the increased Sheriff's presence on campus, and he indicated many of the students and staff
appreciate the increased presence as well. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN -YE'O JR. INC., DBA BOLDT IN GRILL: Bruce Barker, County Attorney,
stated this is a standard renewal application, and he recommended approval. Pete Wagoner, Sheriff's
Office, stated the establishment has not experienced any significant issues within the past year. In
response to Commissioner Rademacher, Mr. Wagoner indicated there have been no documented
incidents of over-service, nor incidents of service to minors. He further stated the establishment is located
in close proximity to Interstate 25 and Highway 119. Commissioner Rademacher moved to approve said
renewal application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME TO CENTER FOR FAMILY JUSTICE AND EQUITY: Barb Connolly, Controller, stated the
Department of Social Services currently has an outdated risograph machine which does not operate
properly, and the Center for Family Justice and Equity, a non-profit agency, desires to purchase the
machine for salvage parts. She stated the agency has offered to purchase the machine for an amount of
$125.00. She further stated other local vendors were notified of the machine; however, a negative
response was received from all of the local vendors, as the machine is too outdated to be useful. In
response to Chair Jerke, Ms. Connolly explained that a risograph machine is a high speed printer, which
has become an obsolete piece of equipment. Further responding to Chair Jerke, Ms. Connolly stated the
Minutes, March 24, 2008 2008-0917
Page 3 BC0016
agency desiring to purchase the machine was through a contact initiated by Tony Groeger of the
Department of Social Services. Commissioner Masden moved to declare certain equipment as surplus
property and authorize sale of the same to the Center for Family Justice and Equity. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Rademacher
moved to appoint Steve McCarthy and Roger Walter to the Weld Faith Partnership Council, with terms to
expire November 1, 2009, and November 1,2010, respectively. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDER APPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Garcia
moved to appoint Terry Gertge to the Island Grove Park Advisory Board, with a term to expire
March 1, 2011. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Rademacher
moved to appoint Charles Archibeque to the Community Corrections Board, with a term to expire
August 1, 2009. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Masden moved to appoint
Linda Banghart to the Area Agency on Aging, with a term to expire January 31, 2011. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Rademacher moved to reappoint Stacey Campbell, to reassign James Upward and Susan Brucker, and
to appoint John Cordova, to the Child Protection Citizen Review Panel. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER VETERAN'S SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the reports and certifications of pay are an
administrative requirement in order to obtain the necessary reimbursement from the State. In response
to Chair Jerke, Mr. Warden indicated the reports and certifications of pay are normally considered on a
quarterly basis. Commissioner Rademacher moved to approve the Veteran's Service Officer's Monthly
Reports and Certifications of Pay and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
SECOND READING OF ORDINANCE#2008-1, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD
COUNTY CODE: Commissioner Masden moved to read Ordinance #2008-1 by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record and
stated the Board has a work session set for this afternoon regarding the material within this Ordinance.
He indicated there have been no modifications to the Ordinance since the first reading. He indicated staff
has been in contact with several concerned citizens; however, no official opposition or support of the matter
has been received by staff. Mr. Barker recommended approval of the second reading, and indicated any
modifications discussed within the work session may be incorporated into the third reading. No Public
testimony was provided concerning the matter. Commissioner Rademacher moved to approve
Ordinance #2008-1, on second reading. Seconded by Commissioner Masden, the motion carried
unanimously.
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Page 4 BC0016
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST GREELEY COMFORT INN FOR VIOLATION OF WELD COUNTY CODE: Dan Joseph,
Department of Public Health and Environment, indicated a representative of the establishment does not
appear to be present for the matter. He stated the establishment is currently providing food which requires
a Retail Food Establishment License,and the Department has contacted the operator of the establishment
numerous times to try to get the operator to obtain a license in order to come into compliance. He further
stated the facility has not provided any of the required paperwork, therefore, the Department is requesting
that the facility be required to cease and desist until all issues of compliance are resolved. In response
to Chair Jerke, Mr. Joseph indicated the establishment is located adjacent to U.S. Highway 34, within the
City of Greeley, west of the Red Lobster restaurant. He clarified the establishment is providing a
continental breakfast for hotel customers,which includes a waffle bar, milk and cereal, and other assorted
foods, therefore, a license is required. He stated the five other hotels located within the immediate vicinity
of this establishment all require a license. In response to Commissioner Rademacher, Mr. Joseph
indicated he has had in-person and phone contact with the manager, as well as a conversation with
another manager in Wyoming. He stated he was led to believe that the facility would take action and
complete the necessary paperwork; however, this process began in November, 2007, and the facility has
still not taken any steps to rectify the violation. Responding to Chair Jerke, Mr. Joseph indicated the
establishment was notified of the hearing by certified mail, which was accepted by the manager of the
establishment. Commissioner Rademacher moved to assess a civil penalty of$750.00, and authorize the
Weld County Attorney to proceed with immediate legal action against the Greeley Comfort Inn for violation
of the Weld County Code. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
AGAINST LINDA LOU'S FOR VIOLATION OF WELD COUNTY CODE: Mr. Joseph stated the
establishment was assessed a civil penalty as a result of a repeat violation, and Linda Gray, operator, has
requested a hearing before the Board, to consider waiving the civil penalty. In response to Chair Jerke,
Mr. Joseph explained the establishment has the right to appeal the assessment of a civil penalty, and the
civil penalty assessed is in the amount of $250.00. Responding to Commissioner Rademacher,
Mr. Joseph confirmed the operator was notified of the civil penalty, before the penalty was assessed,
through a letter of non-compliance, and resulting follow-up inspections. He clarified the establishment was
inspected on three separate occasions with the same repeat violation, which was a lack of paper towels
located at the hand sink.
Linda Gray, owner, stated her facility is a small deli and pizza establishment, providing carry-out and
delivery service, and she mainly utilizes disposable service items instead of traditional dishes and utensils.
She stated the establishment contains seven sinks, including two in the restrooms, and she has towel
dispensers located at several of the sinks. She explained during a previous inspection, she was notified
that an additional sink was necessary, therefore, she had a new sink installed, including the push pedals
for the feet. She stated she tries to always have paper towels located at the sinks; however, several of
the inspections were completed on her day off, and her employee did not set out the paper towels
appropriately. She clarified there are always paper towels somewhere within the establishment, but
sometimes they are not located in the dispensers. In response to Chair Jerke, Mr. Joseph indicated the
paper towels referenced within the violation are utilized for food preparation. Ms. Gray further stated three
sinks are located within the kitchen, and another sink was installed up front,which was a financial hardship
for her to install. She indicated she also installed an automatic dispenser at the new sink up front,and only
two employees work at the establishment.
Megan Townsend, Department of Public Health and Environment, stated during inspections, it is required
for the establishment to maintain paper towels and soap at the hand sinks, and one of sinks within the back
of establishment is designated as a hand sink. She clarified during the previous inspections, no paper
Minutes, March 24, 2008 2008-0917
Page 5 BC0016
towels were present at the hand sink when she washed her hands, she asked the employee where the
paper towels were located, and she supplied the paper towels. She further clarified during the last
inspection, the employee indicated there were no paper towels to utilize, and she instructed the employee
that the issue needed to be corrected immediately.
Ms. Gray stated she does not believe her employee completely understood what Ms. Townsend was
asking her, since there are always paper towels within the establishment. In response to Chair Jerke,
Ms. Townsend indicated she has not completed an inspection since the owner installed the automatic
paper towel dispenser, and the civil penalty was assessed in 2007. In response to Ms. Gray,
Ms.Townsend stated the additional hand sink was requested by a previous inspector of the establishment,
within a memo dated November, 2006, and it was not cited as a violation at that time. She further stated
the Department typically allows six months for the establishment to come into compliance with the request,
and if the request is not met at that time, a violation is issued. Ms. Gray reiterated the process for installing
the additional sink was expensive, and she did not understand why she was suddenly expected to install
an additional sink after operating for fifteen years; however, she did install the sink so that she would not
be issued a violation.
In response to Chair Jerke, Mr. Joseph indicated the$250.00 civil penalty fee is deposited into the general
fund, and in some instances may be utilized towards future equipment purchases. He further stated 31
civil penalties were issued last year, at various establishments, in conjunction with repeat violations.
Ms. Gray indicated her business is currently struggling, and she does not have the funds to pay the civil
penalty fee. She stated she tries very hard to remain in compliance and she does desire to run her
establishment properly. She further stated she has talked with her employee about the importance of the
complying with all food service regulations.
In response to Commissioner Masden, Ms. Townsend indicated she has not inspected this establishment
within the past month. Responding to Chair Jerke, Mr. Joseph indicated he visited the establishment
approximately twenty days ago to discuss the issue of the appeal of the civil penalty with Ms. Gray;
however, an inspection was not completed at that time. Commissioner Masden indicated he supports a
continuance of the matter in order to allow time for staff to complete an additional inspection; however,
Chair Jerke questioned how an additional inspection will indicate an adequate effort for future compliance.
Commissioner Masden indicated he believes Ms. Gray has proved that she will maintain future compliance
by complying with other provisions expected of her, such as the installation of the additional sink. Ms. Gray
reiterated there are always paper towels located within the establishment since she buys in bulk and stores
the paper towels within close reach.
Mr. Joseph indicated if the establishment is inspected and found to be in repeat violation, the civil penalty
will increase to $500.00. Chair Jerke cautioned Ms. Gray that it is imperative that she have a supply of
paper towels readily accessible at the establishment. Commissioner Rademacher moved to authorize the
Weld County Attorney to proceed with legal action against Linda Lou's for violation of the Weld County
Code, with a delay of action for a period of 30 days. The motion was seconded by Commissioner Garcia.
Commissioner Rademacher instructed Ms. Gray to ensure that her employee understands the regulations
and complies accordingly. In response to Chair Jerke, Mr. Rademacher indicated the intent of his motion
includes that an inspection be completed by the Department of Public Health and Environment within the
next 30 days, and Commissioner Garcia concurred. Responding to Commissioner Rademacher,
Mr. Joseph indicated inspections are not scheduled in advance, and are typically done every six months;
however, if there are violations which require follow-up,the inspections take place more frequently. There
being no further discussion, the motion carried unanimously.
Minutes, March 24, 2008 2008-0917
Page 6 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR MAJOR SUBDIVISION FINAL
PLAN, MJF #1062 FOR HILL-N-PARK THIRD FILING - JER, A PARTNERSHIP: Rich Hastings,
Department of Public Works, stated the development has now completed the one-year warranty phase for
the expansion of Lot B. He stated the Department has inspected the improvements, and recommends
release of the collateral, in the amount of $15,384.00. Commissioner Masden moved to approve said
cancellation and release of collateral. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW #402 - WPD, LLC, C/O THE CARROLL GROUP,
LTD.: Michelle Martin, Department of Planning Services, stated staff has received a letter of credit, in the
amount of$39,821.00, for on-site improvements. She indicated the agreement has been reviewed by the
County Attorney and the Departments of Planning Services and Public Works,and the amount of collateral
is sufficient to complete the required improvements. Commissioner Garcia moved to approve said
agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD
PROPERTIES, LLC: Mr. Hastings stated Breakneck Weld Properties, LLC, will be completing
improvements in conjunction with the Keller Estates development located on County Road 1, between
County Roads 36 and 38. He stated the public road maintenance is for a small entrance lane into the
development, and collateral, in the amount of$77,372.00, has been deemed acceptable to complete the
required improvements. Commissioner Garcia moved to approve said agreement, authorize the Chair to
sign, and accept said collateral. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1097-BREAKNECK
WELD PROPERTIES, LLC: Chris Gathman, Department of Planning Services,stated the Department has
received a letter of credit, in the amount of$365,578.00,for on-site improvements within the Keller Estates
development. He indicated the Departments of Public Works and Planning Services have reviewed the
agreement, and the County Attorney recommends approval. In response to Commissioner Rademacher,
Mr. Gathman stated the various improvements to be completed are listed within an exhibit to the
agreement, and the time frame for completion of each improvement varies. Commissioner Rademacher
moved to approve said improvements agreement, authorize the Chair to sign, and accept said collateral.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER SETTING HEARING DATE CONCERNING APPEAL OF PLANNING COMMISSION DENIAL
OF USR#1629-A. DALE SLATER TRUST B/UNITED POWER: Mr. Barker stated on January 15, 2008,
the Planning Commission considered, and denied, a request from United Power for the location of a
transmission facility. He clarified the Planning Commission reviews Major Facilities of a Public Utility,
pursuant to State statute and the Weld County Home Rule Charter,and the Planning Commission provides
the final decision. He stated if the request is denied, a provision exists which allows for appeals to the
Board of County Commissioners regarding decisions made by a lower commission body, which is
described in Section 2-4-10 of the Weld County Code. He stated United Power has submitted an appeal,
and time for oral arguments has been set up for April 23, 2008, and the Resolution states public response
to the appeal, including positions of opposition, must be received by April 8, 2008. He further stated United
Minutes, March 24, 2008 2008-0917
Page 7 BC0016
Power must provide the response to the public comments by April 15, 2008, which will allow the period of
one week for the Board to review the case file before the hearing on April 23, 2008. He clarified on
April 23, 2008, testimony may only be provided on the specifics of the appeal, by United Power. He
indicated he notified Attorney David Foster of the action taken by the Board today in order to set the future
dates. In response to Chair Jerke, Mr. Barker indicated the Board may open up the matter today only to
receive testimony regarding the date of the hearing to be set, as it is not proper to take substantive
testimony at this time. Further responding to Chair Jerke, Ms.VanEgdom indicated all five Commissioners
are currently scheduled to be present on April 23, 2008.
In response to Commissioner Garcia, Mr. Barker indicated the Planning Commission has never previously
denied a Major Facility of a Public Utility, therefore, no criteria exists for the appeal process. He stated the
appeal process is vague so that an appeal may be considered to determine whether a decision shall be
overturned. Responding to Chair Jerke, Mr. Barker stated the Attorney representing surrounding property
owners, David Foster, will present his opinion of the standards and criteria, and United Power will provide
a response, and he will advise the Board of the appropriate action once he hears the testimony of both.
In response to Commissioner Masden, Mr. Barker stated the matter is an appeal; however, it is considered
to be quasi-judicial. Responding to Chair Jerke, Mr. Barker indicated United Power is appealing that a
mistake was made within the decision of denial. No public testimony was provided concerning the matter.
Commissioner Masden moved to set a hearing date of April 23,2008. Seconded by Commissioner Garcia,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-1 was approved on second reading.
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � ,2Lt` / G1.---'
it
c s W • m H. Jerke, Chair
Weld County Clerk to the Board i , t4��'
Robert D. asde , Pro-Tern
BY: I `\ L
De�� Clerk to the Board �, /
William F. Garcia
EXCUSED
David E. Long
Douglas ademache
Minutes, March 24, 2008 2008-0917
Page 8 BC0016
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