HomeMy WebLinkAbout20071299.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 7, 2007
TAPE #2007-12
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, May 7, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
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 May 2, 2007, 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 2,2007, as follows: 1) USR#1586-Justin and Wendy Markwardt; and 2)USR#1259-
Lafarge West, Inc., Attn: Eric Reckentine. Commissioner Jerke seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: Chair Long deleted Item #3 under New Business: Consider Temporary
Closure of WCR 13 between WCR 84 and State Highway 14
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.
2007-1299
BC0016
95- %6-0?
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $594,370.87
Electronic Transfers - All Funds $64,383.22
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM
SERVICES AND AUTHORIZE CHAIR TO SIGN-CATHY LOESCH: Walt Speckman, Director of Human
Services, stated Cathy Loesch will work with children who have disabilities, for a term of June through
September of 2007. He explained the Department hires consultants on a part time basis as needed,rather
than adding additional permanent staff. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION FOR WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated there will be a transfer of
$100,000.00 out of the Fiscal Year 2007 Dislocated Worker Program to the Fiscal Year 2007 Adult Worker
Program, and a$10,000.00 transfer from the Fiscal Year2007 Dislocated Worker Program administrative
cost pool to the Fiscal Year 2007 Adult Worker Program administrative costs. He stated there will also be
modifications to the number of clients to be served in the programs since more clients are being served
than was initially anticipated. Commissioner Jerke moved to approve said modification and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PREMIUM SOURCE AG, LLC:
Christopher Woodruff, Assessor, stated the amount of the abatement will be $3,840.06. Commissioner
Rademacher moved to approve said refund, based on staffs recommendation. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-TOWN OF MEAD: Mr. Woodruff
stated the property was mistakenly taxed, and the refund amount will be $1,551.04. Commissioner
Rademacher moved to approve said refund, based on staff's recommendation. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TRI-STATE GENERATION AND
TRANSMISSION ASSOCIATION, INC.: Mr. Woodruff stated the property was taxed under the wrong tax
area, and the refund amount will be $4,551.58. Commissioner Masden moved to approve said refund,
based on staffs recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER COOPERATIVE LAW ENFORCEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN:
Bruce Barker,County Attorney,stated the terms of the agreement are consistent with previous years, and
John Cooke, Sheriff, has signed the agreement. In response to Commissioner Jerke, Mr. Barker stated
the agreement is for the Weld County Sheriffs Office to serve as law enforcement on Pawnee National
Grasslands. He further stated on Page 2, ExhibitA describes the proposed patrol activities, and lists which
roadways going through the Pawnee National Grasslands will be patrolled by the County law enforcement.
Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
Minutes, May 7, 2007 2007-1299
Page 2 BC0016
CONSIDER GRANT APPLICATION FOR COURTHOUSE PNEUMATIC CLOCK PRESERVATION -
COLORADO HISTORICAL SOCIETY: Mr. Warden stated the $25,000.00 requested in the grant will be
used to renovate the internal and external pneumatic clock system. He stated there is one external clock,
which is located on the peak of the courthouse. He further stated the project will include rerouting internal
pipes, installing a second bellow, replacing rubber components in the master and secondary clocks.
Mr. Warden stated these tasks will restore the functionality of the clock system. Commissioner
Rademacher moved to approve said grant application. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT
TO AUCTION,AND AUTHORIZE CHAIR TO SIGN- RITCHIE BROS.AUCTIONEERS (AMERICA) INC.:
Mr. Warden stated there is a total of 18 items which staff from the Department of Public Works has
discovered while cleaning the work facilities. He stated some of the items to be declared surplus and
auctioned include six hitches, motor grader wheels, a large fuel tank, screens from gravel operations, six
conveyor pieces,and a digger. He stated the conveyor pieces will be held by the Department until autumn.
Commissioner Masden moved to approve certain equipment as surplus property, approve contract to
auction, and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER DUST BLOWING COMPLAINT-JUAN RAMIREZAND MARIA DEL CARMEN:Commissioner
Garcia stated he has previously been in a client-attorney relationship with Ms. Del Carmen, and recused
himself from the matter. In response to Chair Long, Mr. Barker explained Commissioner Garcia may
remain in the room but will not be able to participate in the discussion of the matter. Mr. Barker stated this
property was heard before the Board last year. Stephanie Arries, Assistant County Attorney, stated the
property owner is present. Steven Lyons, surrounding property owner, stated this is the third hearing he
has attended regarding the matter, as it has been an ongoing issue. He stated the blowing dust has been
detrimental to his property, and nothing has been done to correct the problem. He explained he was
informed by Craig Emil,Assistant County Attorney, that Juan Ramirez, property owner,was instructed not
to graze animals on the property; however, Mr. Ramirez is currently grazing goats. Mr. Lyons stated it
seems he spends all of his time trying to remedy this problem and he has spent significant amounts of
money to remove sand from his property. He stated the property is not being maintained and Mr. Ramirez
is in violation of the Dust Blowing Act. He further stated he is unable to grow a lawn on his property due
to the situation. Mr. Lyons stated he does not believe Mr. Ramirez is living on the property, and there is
a camper on the property with a man residing in it. Mr. Ramirez, via an interpreter, stated he resides in
the City of Evans; however, he visits the property daily, and he has a man living there who maintains the
property. He stated he has spent time cleaning the property and burning weeds. In response to Chair
Long, Mr. Ramirez stated that last year when he was informed of the dust blowing complaint, he paid for
a tractor to remove sand and cleaned the fences, and he is presently taking the same measures. Chair
Long stated there is not sufficient grass on the property. Mr. Ramirez stated he has a photograph which
shows there is presently grass on the property marked Exhibit A was entered into the record. He stated
there was dust around the fences and he paid for a tractor to remove it. He further stated his neighbor has
not removed all of the dust which has accumulated on his property. In response to Commissioner
Rademacher, Mr. Ramirez stated there are animals on the property in a much smaller pen than before and
he has not allowed them to graze in order to allow the grass to grow. Further responding to Commissioner
Rademacher, Mr. Ramirez stated presently the animals spend the majority of the time in the pen. He
stated he is considering removing the animals from the property entirely. In response to Commissioner
Rademacher, Mr. Ramirez stated he presently has a ten goats and twelve sheep on 80 acres of land. In
response to Commissioner Masden, Mr. Ramirez stated the picture was taken last week. Mr. Lyons stated
he has never met Mr. Ramirez before today, and he has not seen any weeds burned on the property. He
admitted he has not removed the sand from his property, though he has removed some of it from the
fences, since the Ramirez' property has not resolved its dust blowing issue. He stated he purchased the
property in 2005 and spent a significant amount of money refencing the property, and to due to the dust
Minutes, May 7, 2007 2007-1299
Page 3 BC0016
blowing, his animals are able to walk over portions of the fencing. He stated Mr. Ramirez did not remove
the sand on his property, he simply pulled the sand back from the fence, and now it has blown back.
Mr. Barker stated Exhibit B consists of photographs from this year and Exhibit C consists of photographs
from last year, and were provided by Mr. Lyons. Ms. Arries stated she has provided the letter from the
Department of Agriculture which details the recommended steps to correct the dust blowing problem. She
stated the letter states the property has been severely overgrazed and is unable to be fixed by plowing,
therefore, Mr. Ramirez will need to incorporate manure into the soil and eliminate all grazing. She
explained the letter also states there is a problem with a huge population of prairie dogs, which eat the
vegetation, and a dust bowl has been created on the property. Ms. Aries stated a representative of the
Department of Agriculture has offered to meet and speak with Mr. Ramirez this Thursday to go over steps
to correct the problem. In response to Chair Long, Ms.Arries stated the wind was not blowing the day the
representative of the Department of Agriculture visited the property; therefore, it was difficult to evaluate
the current dust movement. Ms. Arries stated since the necessary steps to eliminate dust blowing on the
Ramirez property were not taken by the property owners, the Board authorized the County to take these
steps last year. She stated Ms. Lyons and Mr. Emil communicated for several months regarding the
matter; however, the work did not commence. In response to Commissioner Rademacher, Ms. Arries
stated there has not been a wood lath fence erected, as was directed by the Board last year. She
reiterated the Board requested the step be taken; however, it has not occurred. She further stated State
Statute dictates a limitation on reimbursement of $15.00 per acre, and the cost of the project may be
considerably more expensive than that. Mr. Barker stated the goal is to encourage new grass growth in
order to help prevent future dust blowing. In response to Chair Long, Mr. Barker stated the steps to
remedy the situation are listed in the letter from the Department of Agriculture. Further responding to Chair
Long, Mr. Barker stated if Mr. Ramirez does not comply with the Resolution, the Board will have the option
to order the County to complete the work. Mr. Barker suggested allowing two weeks, rather than one
week, for Mr. Ramirez to complete the work, and placing the matter back on the agenda at that time. He
stated if the work has not been completed by that time the Board can make certain it happens by ordering
the County to remedy the matter. In response to Chair Long, Mr. Barker stated the County may charge
$15.00 per acre in the form of a lien on the property, which would need to be paid at the time property
taxes come due for 2007, and the County could seek the remainder of the expense paid back through a
judgement. Commissioner Masden stated the matter is perplexing since the Board ruled on this over a
year ago and the situation has not been rectified, and the situation may be worse than it was last year.
Mr. Barker stated the first action required of the Board is to order that the matter be remedied by the
property owner,then if not completed in the time-frame specified,the Board may proceed to the additional
steps discussed. Commissioner Masden stated since the ground is presently wet, it is a good time to
spread manure. In response to Commissioner Jerke, Mr. Barker stated the Board's only way to enforce
a cease and desist order would be to attain an injunction from the district court; however, the Board can
simply order that no grazing shall occur until grass has been established and not to over-graze the area
after grass has been established. Commissioner Masden stated he believes the Board needs to order
grazing to cease for a minimum of a year, as well as ordering all of the steps listed in the letter from the
Department of Agriculture be completed. In response to Ms. Arries, Commissioner Masden stated the
removal of prairie dogs from the property will be included. Mr. Barker stated the Resolution has been
written in a way which the matter does not need to come back before the Board as he previously stated.
He explained an alteration to the Resolution was made for that purpose and he had previously forgotten
that. Commissioner Rademacher stated he does not believe one week is enough time for Mr. Ramirez to
complete the project. In response to Chair Long, Mr. Ramirez stated he understands the steps to be
ordered and what he needs to do; however, he stated he is not the only property owner in the area who
has prairie dogs on their property. Mr. Ramirez stated there is a problem with removing prairie dogs from
his property since the surrounding properties also have prairie dogs. He explained the issue needs to be
resolved with the surrounding property owners as well, otherwise the prairie dogs from surrounding
properties will enter his property. Mr. Lyons stated he has spent$3,000.00 trying to remedy the prairie dog
problem on his property, and the surrounding property owners are taking steps to attempt to control the
prairie dog population; however, Mr. Ramirez has not made an effort on his property. Chair Long stated
Minutes, May 7, 2007 2007-1299
Page 4 BC0016
it is hard to eliminate prairie dogs entirely; however, the goals are to help control the population and to
reestablish the ground. Mr. Ramirez stated he understands the goals and that he did what was directed
by the Board last year, with the exemption of adding manure into the soil. He stated he did plow last year
and some grass and weeds have grown back. Chair Long stated the problem is eminent, if not already
occurring, according to the Department of Agriculture report. Mr. Barker entered Exhibits D and E into the
record,which are photographs of damage to Mr. Lyons property. Commissioner Jerke moved to approve
said Resolution, with the amendment to allow two weeks for the completion of the steps listed to remedy
the dust blowing problem, rather than one week, and not to allow any grazing animals to be on the property
until the Department of Agriculture deems it appropriate. Commissioner Jerke seconded the motion. Mr.
Barker read into the record the pertaining portion of the State Statute which is used to determine if a
violation of the Dust Blowing Act has occurred. There being no further discussion, the motion carried
unanimously. Chair Long stated he will be available for questions after the meeting if Mr. Ramirez needs
him. Ms. Arries reminded Mr. Ramirez a federal office representative will be available on Thursday to
speak to him. Commissioner Jerke excused himself to leave for another meeting.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW,SPR#407-FOSTER EQUIPMENT COMPANY, DBA
FOSTER AND FOSTER, LLC,CIO NEAL AND JUDITH FOSTER: Michelle Martin, Department of Planning
Services, stated the collateral for the improvements is in the amount$87,408.00, and the Departments of
Public Works and Planning Services agree the collateral amount is sufficient. Commissioner Masden
moved to approve said agreement, authorize the Chair to sign, and accept collateral. Commissioner
Garcia seconded the motion, which carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR WATERFORD HILL
PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1095 - WHITE WOLF, LLC: Chris Gathman,
Department of Planning Services, stated the applicant is requesting a partial release of collateral in the
amount of$182,712.00,which will leave a balance of$94,376.00. He explained$7,500.00 is to cover the
spraying of weeds on the property, if necessary. He stated staff recommends approval. Commissioner
Garcia moved to approve said partial cancellation and release of collateral. Seconded by Commissioner
Rademacher, 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, May 7, 2007 2007-1299
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BO OF COUNTY COMMISSIONERS
WEL UN FL ADO
ATTEST: 1,7K 402 ]E La e
David E. Long, Chair
Weld County Clerk to the Bo
tit
(Z) Willia H. e, ro-Tem
BY: gl�//'c2, 7
Deputy Clerk o the Board , , /
WillWil IVA
F. Garcia
Ake____,
Robert D. Masden
�q v tci e r
ouglas Rademacher
Minutes, May 7, 2007 2007-1299
Page 6 BC0016
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