HomeMy WebLinkAbout20073547.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 19, 2007
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, November 19, 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 - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of November 14, 2007, as printed. Commissioner Jerke seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on November 13, 2007, as follows: 1) Violation Hearings; and on November 14, 2007:
1)PZ#1126-HF Holdings, LLC. 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-3547
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,511,958.37
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Ms. Connolly stated there are no bids to present today.
APPROVE FORKLIFT BID- DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly stated this
bid was presented on November 14, 2007, and was scheduled to be heard for approval
November 28, 2007; however,there is a need for the bid to be approved immediately due to Buildings and
Grounds facilities moving next week. She stated two vendors submitted bids, FMH Materials and Western
Materials,and staff recommends approval of the bid from FMH Materials for the Clark C15S, in the amount
of$20,219.00. In response to Commissioner Jerke, Ms. Connolly stated it is the recommendation of staff
to purchase the new model, opposed to the used unit, due to the service hours available and the condition
of the equipment. Commissioner Rademacher moved to approve said bid from FMH Materials, in the
amount of$20,219.00, based on staff's recommendation. Seconded by Commissioner Garcia,the motion
carried unanimously.
NEW BUSINESS:
CONSIDER 2007-2008 EMERGENCY PREPAREDNESS AND RESPONSE DIVISION PAN FLUE III
FUNDING TASK ORDER CONTRACT AND AUTHORIZE CHAIR TO SIGN:John Surbek, Department of
Public Health and Environment, stated this is a continuation of a task order contract, it is the third of three
phases, and it is entirely federally funded. Commissioner Rademacher moved to approve said task order
contract and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-NORTHERN
COLORADO CYTOLOGY SERVICES: Linda Henry, Department of Public Health and Environment,
requested a continuation of this item to the next Board meeting. In response to Commissioner Jerke,
Ms. Henry stated she is unsure of the reason for the continuance; however, it has been requested by
Dr. Mark Wallace, Director of the Department of Public Health and Environment. Commissioner
Rademacher moved to continue said matter to November 21, 2007, as requested by staff. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO FAMILY PLANNING TASK ORDER CONTRACT AND AUTHORIZE
CHAIR TO SIGN: Ms. Henry stated this amendment will provide additional funding, in the amount of
$4,935.00, to be used to purchase methods of contraception including one or more of the following: Evra,
Nuvaring, Depo Provera, Inplanon, IUDs, and/or oral contraceptives. She stated the additional funds must
be spent by December 31, 2007. In response to Commissioner Jerke, Ms. Henry stated it is not possible
to purchase the morning after pill with these funds, since it is not on the list. Commissioner Rademacher
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 8 AND 12: Wayne Howard,
Department of Public Works, stated the temporary closure will commence November 26, 2007, and last
through January 14, 2008, for the purpose of replacing an irrigation culvert. In response to Commissioner
Rademacher, Mr. Howard stated the detour route is on County Road 11, and it is mostly paved.
Minutes, November 19, 2007 2007-3547
Page 2 BC0016
Mr. Howard stated the County will work in conjunction with the City of Dacono on this project.
Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 63 BETWEEN CR 14 AND SH 52: Mr. Howard stated the
temporary closure will commence November 26, 2007, and last through November 30, 2007, for the
purpose of replacing an irrigation culvert. Commissioner Rademacher moved to approved said temporary
closure. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 42 BETWEEN CRS 39 AND 41: Mr. Howard stated the
temporary closure will commence November 26, 2007, and will last through December 7 2007, for the
purpose of culvert replacement. In response to Commissioner Jerke, Mr. Howard stated some culvert
replacements require a longer closure because the culverts are larger or more complicated than most.
Commissioner Jerke moved to approve said temporary closure. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER CROSSING AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FULTON IRRIGATING
DITCH COMPANY: Mr. Howard stated the agreement is to replace a bridge and to realign County
Road 18. He stated the Department intends to complete the irrigation work before next summer and to
begin construction of the road next spring. He further stated the agreement is to place a 272 foot, by 48
inch, by 76 inch concrete pipe in the Fulton Ditch,to service the road crossing the ditch. Mr. Howard stated
the agreement also specifies reimbursement of engineering costs and attorney fees, for up to$5,000.00.
In response to Commissioner Rademacher, Mr. Howard stated the engineering costs are capped at
$5,000.00; however, a ten percent fee may be added, in which case, the cost may be as much as
$5,500.00 Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD AND CERTIFICATE OF COMPLIANCE FOR WELD
COUNTY JUVENILE ACCOUNTABILITY PROJECT AND AUTHORIZE CHAIR TO SIGN: No
representatives of the Sheriffs Office were present;therefore,Commissioner Jerke moved to continue the
matter to November 21, 2007. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER RESCINDING CERTAIN DOCUMENTS APPROVED UNDER RESOLUTION #2007-3038,
DATED SEPTEMBER 26, 2007; APPROVE REVISED RELEASE AND TWO AGREEMENTS FOR
DISTRIBUTION OF ROYALTIES; AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC./NOBLE
ENERGY PRODUCTION, INC.: Bruce Barker, County Attorney, stated a settlement was reached, in the
amount of $235,000.00, for royalties due to the County. Mr. Barker stated it has since been discovered
that several of the properties included in the settlement are leased by Kerr-McGee and they should not
have been included in the settlement figures, only leases with Noble Energy Production, Inc. should be
included in the figures. Mr. Barker stated in order to have the opportunity to closely review the documents,
he is requesting the matter be continued for two weeks. In response to Commissioner Jerke, Mr. Barker
stated the County has already received payment; however, he needs to review which properties were
included. Commissioner Garcia moved to continue said matter to December 5, 2007. Seconded by
Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO PREADVERTISE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND
AMENDED USE BY SPECIAL REVIEW PERMIT #1405 - AURORA DAIRY CORPORATION: Hannah
Hippely, Department of Planning Services, stated the applicants have requested preadvertisement, due
to economic variables and demand; however, staff has determined there is not an emergency
circumstance nor will an economic hardship occur if the preadvertisement request is not granted;therefore,
Minutes, November 19, 2007 2007-3547
Page 3 BC0016
denial is recommended. In response to Commissioner Rademacher, Ms. Hippely stated this Amended Use
by Special Review Permit is for the expansion of an existing plant. Cody Hollingsworth,AGPROfessionals,
LLC, stated the reason for the preadvertisement request is that the majority of the expansion is for a cooler
for product storage, and presently the applicant must ship the product to a cooler storage facility in
Commerce City, and there is presently construction on 1-25 which causes delays in delivering the product
to storage;therefore,the applicant requests the preadvertisement to expedite the construction. There was
no public input. Commissioner Jerke stated he has served as a commissioner for seven years, and he has
voted in favor of every preadvertisement request he has been presented with, in order to expedite the
process; however, he does not have the same level of confidence regarding this request, as there seems
to be very little potential savings for the applicant. Commissioner Jerke moved to deny said request.
Seconded by Commissioner Rademacher, the motion carried unanimously. The motion carried three to
one, with Commissioner Garcia in opposition.
CONSIDER ZPMH #2521 - JOHN AND NORMA HOGARTH: Wendi Inloes, Department of Planning
Services, stated the site is approximately one acre in size, and is located in Aristocrat Ranchettes.
Ms. Inloes stated staff recommends denial of the request, since a recreational vehicle is not an approved
use for medical hardship, per the Weld County Code. She stated this case was heard at a violation
hearing on August 14, 2007, and a site inspection was conducted on November 2, 2007, and staff
discovered there are multiple electrical issues which need to be addressed. Ms. Inloes stated the
recreational vehicle is presently using power from the shed, and no corrections to the electrical violations
have been made to date. She stated if the Board chooses to approve the request, Conditions of Approval
have been provided by staff. In response to Commissioner Jerke, Ms. Inloes stated there are several
vehicles and camping trailers on the property, and the property is currently in violation of the Weld County
Code. Commissioner Long stated in the violation hearing it was stated that John Hogarth, property owner,
is not able to utilize the bathroom facilities in the mobile home; however, he is able to access the bathroom
facilities in the motor home. In response to Commissioner Garcia, Ms. Inloes clarified John and Norma
Hogarth want to move into the recreational vehicle, from the mobile home, for accessibility purposes. Ms.
Hogarth stated the sewer is self-contained and the waste is dumped at the campground in the Town of
Hudson. She stated she has a receipt from last week for dumping the waste. In response to Chair Long,
Ms. Hogarth stated she tries to dump the waste once a month; however, she was unemployed from March
until October; therefore, it went longer than usual without being disposed of. She stated the tanks did not
overflow during the summer months since they limited their use of the bathroom facilities. Further
responding to Chair Long, Ms. Hogarth stated they will not be able to complete the electrical improvements
by the date specified by staff since they lack the financial means to do so. She stated if the Board
chooses to deny the residential use of the motor home, they will be homeless since Mr. Hogarth cannot
access most of the mobile home. She stated she is going to visit Clayton Mobile Homes to try and obtain
a new mobile home; however, she needs to establish a longer work history first. In response to Chair
Long, Ms. Hogarth stated they are not able to remodel the current mobile home because it would have to
be completely redone and would be less cost effective than purchasing a new one. In response to
Commissioner Rademacher, Ms. Inloes stated the upcoming violation will be heard on October 14, 2007.
Mike Landerson, surrounding property owner, submitted photographs of the property marked Exhibit A.
Mr. Landerson stated there is an excessive sewer smell coming from the Hogarth's property. He stated
the tanks should be dumped every week, not only once a month. In response to Commissioner Garcia,
Mr. Landerson stated his property is located to the east of the Hogarth's property. Ms. Inloes stated one
of the Conditions of Approval submitted by staff is developing a plan for how often the sewage must be
dumped. Christine Anderson, surrounding property owner, stated the smell of human waste coming from
the Hogarth's property is unbearable. Ms. Anderson stated the mobile home is full of cats, and she has
made efforts to work with Ms. Hogarth to find homes for some of the cats. She stated the mobile home
has a wheelchair ramp; therefore, she does not understand how the motor home is more accessible than
the mobile home. She stated the Hogarths have been living in the motor home for over a year. Ms. Inloes
stated after staff inspected the property on November 2, 2007, animal control was contacted.
Minutes, November 19, 2007 2007-3547
Page 4 BC0016
Ms. Anderson stated animal control has not intervened and upon contacting animal control she was told
they cannot act until the legal issues have been resolved. Ms. Inloes stated Social Services staff have
been contacted and offered assistance to the Hogarths. Ms. Hogarth stated they do not qualify for low
income assistance now that she is working again. In response to Commissioner Rademacher,
Ms. Hogarth stated the mobile home is hooked up to a septic system and their son is living in the
residence. In response to Chair Long, Ms. Hogarth stated the problem with accessibility to the mobile
home is not with the ramp, it is with the interior of the home, since her husband cannot access the
bathroom or the bedroom. Commissioner Jerke stated he will not support the applicant's request and
alternative options need to be discussed. Commissioner Garcia stated he is in favor of people living
independently of government services; however, he will not approve the request due to the
inappropriateness of the living conditions of the motor home. Commissioner Rademacher concurred with
Commissioners Jerke and Garcia and stated a mobile home is a better option. Chair Long concurred with
the other Board members, and stated the Hogarths need to explore other options with Social Services
since there may be extenuating circumstances qualifying them for assistance, above and beyond income.
Commissioner Jerke moved to deny said request. Commissioner Rademacher seconded the motion.
Chair Long stated the Board will not put the Hogarth's out on the street, County staff will work with them.
He stated this decision is to their benefit, not to their detriment. In response to Ms. Hogarth, Chair Long
stated County staff will work with them and they will not be forced from the motor home immediately.
There being no further discussion, 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.
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL OS
TY, COLORADO
ATTEST: r, n ' �. A ( 2
�N:vid E. Long, Chair 1
Weld County Clerk to the Board
+ c � ' / 7
t dliam J race,,-Tem
BY: Va61 20/1 44
Dept Cler o the Board ♦
William F. Garcia
EXCUSED
Robert D. Masden
D uglas ademache
Minutes, November 19, 2007 2007-3547
Page 5 BC0016
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