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HomeMy WebLinkAbout20070739.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 21, 2007 TAPE #2007-06 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 21, 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, Jenny VanEgdom Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of March 19, 2007, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA:Chair Long added New Item of Business#5:Consider Temporary Closure of WCR 122 between the Town of Grover and WCR 103. PUBLIC INPUT: No public input was given. CONSENT AGENDA: Commissioner Rademacher 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. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,047,445.58 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Garcia seconded the motion, which carried unanimously. 2007-0739 ott-oS-0 oS-o 7 BIDS: PRESENT BIDS: Mr. Warden stated there were no bids to present. NEW BUSINESS: CONSIDERAPPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZECHAIR TO SIGN - DEWEY'S BAR AND GRILL, LLC, DBA DEWEY'S BAR AND GRILL: Bruce Barker, County Attorney,stated the Sheriffs Office had no concerns,therefore,he recommended approval. Les Weimers, Sheriffs Office, stated a physical inspection of the licensed premises has been completed, and the only call for service within the pastyearwas for an unrelated dog bite incident which happened down the street from the establishment. Commissioner Garcia moved to approve said application for renewal and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR WELD COUNTY JAIL DIVERSION PROJECT AND AUTHORIZE CHAIR TO SIGN: Chair Long stated North Range Behavioral Health has found the opportunity to apply for grant funds to assist with diversion of inmates within the Weld County Jail. Jackie Kennedy, North Range Behavioral Health, stated the Substance Abuse Mental Health Services Administration(SAMSA)may provide available federal grant funds;however,a government entity must apply for the funds, in the amount of approximately$361,000.000 each year for three years. She stated the grant will require a twenty-five percent match of non-federal dollars from within the community. She further stated staff from North Range has been working with the District Attorney's Office,and other legal representatives, to design a diversion program,and the opportunity of the grant funds was a determining factor in completing the plan for the project. Ms. Kennedy stated approval of the grant requires that a plan for continuation be in place after the grant period of three years. She suggested part of the matching funds to be utilized could come from the savings associated with reducing the jail population, and a portion of jail booking fees. She further stated the grant is estimated to serve a minimum of 50 people per year, and the goal is to serve approximately 75 people per year, at an approximate cost per person of$5,560.00. Ms. Kennedy stated the approximate cost per person is considered inexpensive compared to the costs of incarceration,and the costs include in-patient and out-patient mental health care. She stated the 25 percent match will amount to approximately $90,375.00, and six percent of the overall grant funds have been reserved for the administrative costs of the County. Mr.Warden stated six percent of the overall grant funds will be sufficient to cover the administrative costs associated with the project. He further stated a law was passed two years ago that requires a separate surcharge to be collected from inmates booked into the jail, and last year approximately$36,000.00 was collected through this surcharge. He stated Rick Dill,Sheriffs Office,has been investigating an appropriate way the collected funds may be utilized since they have to be used for mental health services. He stated the collected surcharge funds may be utilized for the diversion project, and if the collected funds are not applied to the project, the funds must be returned to the State of Colorado. He further stated the Sheriffs Office expects the collected surcharges will increase in 2007 and subsequent years. Kendall Alexander, Island Grove Regional Treatment Center,expressed his appreciation to Ms. Kennedy for her organization and dedication to putting the diversion project together. He stated the project addresses the needs for mental health services and substance abuse services within the community. He expressed his support of the project, and urged the Commissioners to support the request for grant funds. He further stated letters of support from other agencies within the County have been attached to the application. Mr.Alexander stated the diversion project is an opportunity to address needs within the community,and to divert offenders out of the overcrowded jail system. In response to Commissioner Jerke,Mr.Warden stated the Sheriffs Office has already identified 51 inmates who meet the criteria for the program. He further stated resources have been set aside to be utilized within the 2008 Budget to provide mental health services and resources for the widespread methamphetamine abuse issues among inmates,and the Sheriffs Office Minutes, March 21, 2007 2007-0739 Page 2 BC0016 is very supportive of the project. Chair Long stated the project will provide help for repeat offenders. Ms. Kennedy stated the inmates expected to be served by this project have committed minor types of crimes; however, they have been incarcerated numerous times due to mental health disorders or substance abuse issues. She stated these types of inmates are not receiving the services they need,and put a financial strain on the jail system. She further stated the goal of this project is provide an intervention to help these inmates become productive citizens within the community. In response to Commissioner Rademacher, Ms. Kennedy stated the project participants will be involved with intensive services between five and thirty hours per week for the participants living individually, and some participants will have 24-hour per day supervision through residential programs at Island Grove Regional Treatment Center or North Range Behavioral Health. She further stated a diversion agreement will be developed with each participant, in conjunction with the District Attorney's Office and each participant's defense attorney. She stated the diversion agreement will outline consequences for participants who do not follow through with the requirements of the project,and the consequences include further charges of crimes committed while enrolled in the project. Ms. Kennedy stated the participants will be closely supervised,and most likely will have better supervision than other offenders working through the Probation Department. She stated participants will complete the analysis procedures to detect drug and/or alcohol abuse, and will be monitored. She further stated an 80 percent correlation rate exists for inmates who have substance abuse issues and mental health disorders; however,the project is designed to work with inmates who struggle with only substance abuse issues or mental health disorders. She stated the project will aim to meet the needs of the community and serve the participants which need intervention and care. In response to Mr. Warden, Ms. Kennedy stated most of the participants will receive services for a time period of six to twelve months. She stated many of the participants will have fairly serious mental illness disorders, and will eventually graduate to community-based treatments and less intensive services. She further stated participants will be discharged when they are no longer in need of services. Further responding to Mr.Warden,Ms. Kennedy stated aftera period of three months to complete staff training and enact the service plan, the project should be able to absorb a caseload of approximately 45 participants. Commissioner Garcia expressed his appreciation to Ms. Kennedy for her dedication to the project, and stated he hopes the project will help to determine the root causes of recidivism within the jail population. Wayne Maxwell, North Range Behavioral Health, stated a long history exists of trying to put together a project such as this, and the project will have great payoff dividends. He stated the dividends will be both financially to the community and for the individuals who will receive help to change their lives. He further stated the symptoms of mental health disorders cause repeat offenses for incarceration,and dealing with the problem on the front end will make a difference within the community. Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER DUST BLOWING COMPLAINT-CITY OF THORNTON: Chair Long stated a work session has been held regarding the complaint,and the City of Thornton will first describe how it plans to rectify the dust blowing situation and soil erosion problems. Mr. Barker stated a draft Resolution has been provided for the Board,and pursuant to State statute,the Board shall make Findings of Fact in regards to the issue. He shall stated the order may obligate the property owner to complete remedial measures to take care of the dust blowing issues. He stated notice of the meeting was provided to adjacent property owners and the City of Thornton, and notice was also provided to the property owners who attended the previous work session. Mr. Barker stated a letter was received from Stu MacFarland, National Resources Conservation Service (NRCS), and his letter provides a recommendation of remedial measures. Minutes, March 21, 2007 2007-0739 Page 3 BC0016 Mark Koleber, Water Resources Manager, City of Thornton, stated he received a letter after the work session took place, and the City is working with contractors to spread manure on the land to hold the soil in place,based upon the recommendations from Mr.MacFarland. Mr. Koleber provided photographs of the property, marked Exhibit A and B, and stated a majority of the land has been ripped and tilled, and employees are working closely to meet the recommendations. He further stated a center strip of land had signs of grass coming back, therefore, it was recommended that the specific area not be ripped or tilled. He stated the City of Thornton has met the recommendations and requirements of the NRCS,and the City is working to be a responsible landowner within Weld County. Mr. Koleber stated the City is proud of the work completed by tenants of the land, and it is a goal of the City to keep the farms in agricultural production. He stated at the request of Mr. Barker, he has prepared information to present to the Board, and a packet of information has been added to the record. He further stated the location of the farms is east of the Town of Pierce,adjacent to Weld County Road 88,and each farm is approximately 160 acres in size. Mr. Koleber stated he has proceeded to mitigate the problems occurring on the farms, and a cover crop is planned to be planted within the next few weeks to keep the soil in place until Fall 2007. He stated natural grass seed will be planted in Fall 2007,and as the grass grows over a five-year establishment time period, weed control will be maintained. He further stated he has made contact with adjacent property owners to the south, Craig and Liza Liftee, and Lana Cozad, and a contractor is working with the property owners to mediate the dust problem accumulating on their properties. He stated the contractor is working to remove the dust from the properties, and is providing a way to address other impacts. He further stated the contractor will complete improvements on the borrow ditches and the adjacent roads. Mr. Koleber stated he has included an excerpt of the water rights decree for the property and the revegetation requirements, and the County Attorney has been provided with a full copy of the decree,with additional exhibits. He stated revegetation must be achieved on the farms before the City may use the water for municipal purposes; however,the water does not have to remain on the farm. He stated he has received information from revegetation professionals that it is best to not irrigate the dryland grass due to possible drought conditions. He clarified the water will not be used for municipal purposes until the revegetation process is complete. Mr. Koleber stated the City must establish a ground cover for the land once the water is removed, and the options include dryland farming practices, if it is a viable option. He further stated the City is focusing on the option of establishing natural grasses or other suitable dryland ground cover since the grasses will not suffer in drought conditions. He stated the determination of the land drying up is determined by the NRCS and the Soil Conservation Service,and the revegetation process lasts until the last of the farmland has been taken out of production, or ground cover is established, plus an additional three-year period. He further stated the City does not anticipate removing the farms from production until after the year 2050, therefore, the revegetation process is a long-term obligation. Mr. Koleber stated the time line of the revegetation process is a five-year process, which starts with the harvesting of the final irrigated crop, and includes planting the cover crop and managing weeds until the cover crop is established and certifiable by the NRCS. He stated the City is currently researching the grazing practices,and understands that a problem has existed on the farms. He further stated the City has been working with the tenant to address the problems; however, a suitable response was not previously identified. He stated the City is researching options for the future as to how to address issues concerning forcing the tenant to remove animals from over-grazed land. Mr. Koleber stated the City of Thornton has been paying voluntary payments to organizations within Weld County,totaling over$2.66 million,and the City has worked with local producers to identify areas for expansion. He stated the City has also arranged the sale of properties to several Districts within Weld County to help with expansion needs,and 38,000 acre feet of water have been leased to the Central Colorado Water Conservancy District to augment wells within the South Platte Basin. (CHANGED TO TAPE#2007-07). He further stated the City is continuing to lease the farmland to local farmers,which is an important contribution to Weld County's economy. Mr. Koleber extended an invitation for the Board to tour the operating farms and revegetation efforts. Minutes, March 21, 2007 2007-0739 Page 4 BC0016 In response to Commissioner Jerke, Brian Foss, Farms Operations Administrator,City of Thornton,stated animals may be placed on the land for grazing purposes once NRCS certification has been achieved,which is a minimum of five years. He stated certification is dependant upon the establishment of the native grasses, weed control, and moisture levels. He further stated once animals are allowed to graze, the grazing will be limited and highly managed. Responding to Commissioner Garcia, Mr. Foss stated the previous lease with the tenant did not allow for the removal of the animals in a timely manner since the tenant was current with all payments. He further stated once an emergency situation was determined, he was allowed to remove the animals from the property,and the City is researching different leasing practices to avoid this situation in the future. Mr. Koleber stated most of the tenants have been great stewards of the land; however, the City is working to ensure a situation like this does not happen again. In response to Commissioner Garcia,Mr. Koleber stated the water associated with the property is forwarded along to other users along the storage company ditch,and storage of water for the City of Thornton's use is not occurring at this time. Andrew Dennis,surrounding property owner, stated he owns approximately 80 acres of land adjacent to Weld County Roads 96 and 43, and his land is having the same problem as the lands identified in this complaint. He submitted photographs depicting the overgrazing and tumbleweed problems on his property as a result of the City's negligence. Mr. Barker stated Mr. Dennis owns a separate property,therefore,the Board may accept the photographs as a separate dust blowing complaint; however, the issue must be addressed separately. Chair Long expressed his appreciation to Mr. Dennis for his complaint, and assured him that County staff will research his complaint separately. Charles Tucker, surrounding property owner, stated it appears that the City of Thornton is making efforts to correct the problem; however,the City is in violation of a court order requiring it to obtain vegetation on the land so that surrounding property owners are not affected. He stated he would like to see the City submit an assurance to ensure this situation does not happen again, and the County should provide oversight. He further stated he appreciates that the City is taking steps to correct the problem; however, planting dryland grasses will not solve the problem, and more dirt blowing will occur. In response to Commissioner Jerke, Mr. Barker stated the Board may issue an order that the City of Thornton must complete specific actions by a specific date,and then staff may ensure that the actions are completed. He further stated the County does not have oversight capability of the property itself; however,the NRCS may complete oversight of the property. Commissioner Jerke stated it is unreasonable to expect the City to complete certain actions by a specified date since nature determines the growth of the vegetation. Mr. Tucker stated the hard part of the dryland farming is the lack of current moisture. In response to Commissioner Jerke, Mr. Barker stated the Board may request the NRCS,as a courtesy, to complete inspections of the property and provide periodic reports on a bi-annual basis. He clarified the Board may request the NRCS to complete the inspections as a separate letter, and it does not have to be a part of the Resolution. Chair Long stated he would like to find a way for the Board to be able to be made aware of the long-term progress of the situation. Responding to Chair Long,Mr. Barker stated State statute is very specific regarding this type of issue, and the Board is only allowed to act on a property in which an emergency is occurring for a specific incident only. He further stated the Board does not have the authority to keep a running update on the dust blowing complaints of a property. Chair Long requested that Mr.Tucker voluntarily provide updates for the Board. In response to Mr.Tucker, Mr. Barker stated the dust blowing complaint is not recognized as a matter of State interest under 1041 Regulations; however, it addressed,through the dust blowing statutes,that a property owner who has suffered damage has a private right of action against the property owner of the property from which the dust developed. Responding to Commissioner Jerke, Mr. Barker stated the Board would not be involved in a private right of action. Craig Liftee, along with his wife, Liza Liftee, surrounding property owners,stated he is not sure what he is supposed to do with the pile of dust in his yard. He stated representatives from the City of Thornton visited Minutes, March 21, 2007 2007-0739 Page 5 BC0016 his property the day after the work session was held, and he was requested to obtain bids to clean up the property. In response to Mr. Liftee, Chair Long stated the County cannot interfere with the private action offered by the City of Thornton, since the County does not have jurisdiction over private property issues. Responding to Ms. Liftee, Chair Long stated each individual property owner must work to reach an agreement with the City of Thornton, and if the terms of the agreement are not met, each property owner must seek legal action privately. Commissioner Jerke stated property owners have the right to contact the press as a way to place pressure on a neighbor to have a situation corrected. He further stated he understands that a good relationship with neighboring property owners is beneficial. In response to Mr. Dennis,Mr. Koleber provided contact information for the City of Thornton so that other surrounding property owners could contact him directly about any additional complaints or issues. Chair Long reiterated to Mr. Dennis that the Board will initiate a separate complaint for his property,according to the procedure set forth by State statute. Mr. Koleber stated the City of Thornton would be happy to provide periodic updates to the Board regarding the progress of the dust complaints. He stated the City owns several parcels of property to the north which have been under revegetation for several years, and these pastures do not experience dust blowing problems. He clarified that the City is willing to work with surrounding property owners, and provide knowledgeable updates to the Board and other residents of the County. Mr. Barker stated the Board may determine the five Findings of Fact exist, or the Board may dismiss the complaint,which means the complaint, as an emergency measure, has been satisfied by the work of the City of Thornton. Responding to Chair Long,Mr. Barker stated should the Board make the Findings of Fact, the Board will have to order that the remedial measures take place. In response to Commissioner Garcia, Mr. Barker stated the Town of Thornton has been in control of the property for more than one year,as stated in Findings of Fact#3. Chair Long stated it appears that a remedy is in place, and the five Findings of Fact have been resolved. Mr. Barker explained State statute mandates that the remedial measures take place, and the order cannot enforce any other actions than what has already taken place in this situation. He stated the order will not affect measures taken by the City of Thornton in the future. Commissioner Jerke stated some of the remedial measures are future measures, including planting grass when appropriate and other techniques to hold the soil. He stated the situation has been immediately remediated; however, roughing the soil is a long-term process. In response to Commissioner Jerke, Mr. Barker stated State statute only allows the Board to act upon an emergency situation and orders a property owner to complete remedial measures. He further stated the Statute is difficult to deal with since the problem is long-term; however, the Board does not have the authority to make a long-term order. In response to CommissionerJerke,Mr. Barker stated the Board may make a request within the Resolution that the NRCS provide updates of the revegetation of the properties on a bi-annual basis. Chair Long concurred with Commissioner Jerke regarding requesting the NRCS to provide bi-annual updates on the properties. Mr. Barker stated if road right-of-way becomes covered with dirt, the County may also initiate a complaint against the responsible property owner. He clarified that the Board cannot force the NRCS to provide updates;however,the N RCS may voluntarily provide the information if requested. He stated he will draft language to add to the Resolution, requesting that the NRCS provide updates on the process of the revegetation. Commissioner Garcia stated he has reviewed the five Findings of Fact,and he believes an ongoing pattern of an emergency situation has occurred and all five Findings of Fact are valid. Responding to Commissioner Jerke, Mr. Barker stated the Board must vote to make all five Findings of Fact. Chair Long stated the City of Thornton is already completing the recommendations from the NRCS, therefore, the Findings of Fact have already been remedied. Commissioner Garcia stated making the five Findings of Fact will ensure that the City of Thornton must adhere to the treatment plan. Mr. Barker stated the Board may make the determination that the Findings of Fact exist, and make an additional finding that the Minutes, March 21, 2007 2007-0739 Page 6 BC0016 recommendations are already happening;therefore, no order is necessary. He further stated the Findings of Fact will not be substantive without an Order. Chair Long clarified that the Order is mandated for a property owner who is reluctant to provide remedial measures on its property,and this is not the case for the City of Thornton since they are willing to provide remediation. CommissionerJerke stated the Findings of Fact are accurate,and an emergency exists. He further stated the City of Thornton has been taking care of the issues; however, the issue needs to be formally recognized and the property owner needs to be ordered to provide relief from the emergency situation. Chair Long stated he concurred with Commissioner Jerke and Commissioner Rademacher stated the request for the N RCS to provide periodic updates on the property would be beneficial. In response to Commissioner Rademacher, Mr. Barker stated if an order is not issued to correct the problem,the issue would have to be treated as a new complaint in order to come before the Board again. He further stated State statute does not give the Board the ability to monitor the complaint long-term;the Board may only review separate complaints. Commissioner Rademacher stated if the complaint is dismissed,the surrounding property owners could initiate another complaint. In response to CommissionerJerke, Mr. Barker stated the request for periodic updates will be placed in the Resolution, and he will draft the language. CommissionerJerke moved to include all five Findings of Fact, pursuant to Section 35-72-103(1), C.R.S.,and that the property must be roughened to prevent soil from blowing. The motion was seconded by Commissioner Garcia,and the motion carried unanimously. Chair Long assured other property owners in the audience that future dust blowing complaints will be taken seriously,and dealt with as the information is provided to the Board. CONSIDER AMENDMENT TO BYLAWS-WELD COUNTY REGIONAL COMMUNICATIONS ADVISORY BOARD: Mr. Barker stated the amendment regards membership qualification, and the language will be modified to state that three representatives will be selected to serve from the Fire Protection Districts compiled in Zone A and Zone B. He stated the language in B.1.k will be modified to state "Only one representative per entity may serve on the Board at the same time." He further stated the Board typically approves any changes to the bylaws for advisory boards. Commissioner Garcia moved to approve said amendment. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 122 BETWEEN THE TOWN OF GROVER AND WCR 103: Pat Persichino, Director of Public Works, stated the Department of Public Works staff recently held a third meeting with Cedar Creek Wind Energy, and it was determined at the meeting that Weld County Road 122 is now impassible and dangerous for motorists. He stated Cedar Creek Wind Energy has done a good job maintaining the road and providing grading work; however,there are soft spots in the road which would severely impact smaller vehicles. He further stated the Board has the right to close the road until the standard established by the County is being maintained on the road by the company. Mr. Persichino stated Cedar Creek Wind Energy has agreed to close their operations for approximately six days,to begin repair work on Weld County Road 122. He stated the work will consist of digging up the pumped areas and replacing with dry materials to make the road safe for vehicles. He further stated the road will be closed between Weld County Roads 89 and 103,and the alternate route to be utilized is the originally established haul route. In response to Commissioner Jerke, Mr. Persichino stated the road will be closed only for commercial traffic, and residents along the road will still have access to their properties. He further stated the closure is not expected to exceed two weeks. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Jerke, the motion carried unanimously. PLANNING: CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT#1093-STEVEN AND LORI STEERMAN: Brad Mueller, Department of Planning Services, stated current property owner, Jose Bermudez, is requesting vacation of Use by Special Review Permit #1093, which was approved by the Board November 1, 1995. He stated the property is located within the Country Estates Subdivision, and the taxidermy business is no longer located on the site. Responding to Commissioner Jerke,Mr. Mueller stated Steven and Lori Steerman were the previous owners of the property,and the Use by Special Review Permit Minutes, March 21, 2007 2007-0739 Page 7 BC0016 was granted to them. Commissioner Jerke moved to approve said vacation. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SHILOH ESTATES, AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN,AMPF#354-JAMES AND CHERI SCOTT: Mr. Mueller stated the waterline and fire hydrants have been installed for Shiloh Estates; therefore, staff recommends approval of a partial release of collateral, in the amount of$26,195.30. CommissionerJerke moved to approve said partial cancellation and release of collateral. Seconded by Commissioner Garcia, 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 10:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLD DO ATTEST: LI/ ` /l ! E LA, �J co j `, C k. David E. Long, Chair Weld County Clerk to the • � �f`,' �� �✓ I CZ( ',� ,���+ � Willi Pro-Tem BY: C.Cs a4eY i 1n �� Deputy Clerk to the Board _may illia F. Garcia EXCUSED Robert D. Masden tDouglas ademac r Minutes, March 21, 2007 2007-0739 Page 8 BC0016 Hello