HomeMy WebLinkAbout20061189.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 24, 2006
TAPE #2006-17
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, April 24, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Donna Bechler
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of April 19, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on April 19, 2006, as follows: 1) USR#1543-Cozy Cow Dairy, LLC, c/o LANDPROfessionals,
LLC. Commissioner Jerke 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 Jerke moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 23-29, 2006: Chair Geile read the certificate
proclaiming April 23-29, 2006, as National Crime Victims' Rights Week. JoAnn Holden, Victim's Witness
Coordinator, District Attorney's Office, accepted the certificate. Ken Buck, District Attorney, thanked the
County Commissioners and those who attended the hearing for their support for victims of crime. He
stated the Weld County Budget for the District Attorney's Office and the Sheriffs Office shows there is a
moral commitment for funding this program. Mr. Buck also thanked those who work in Victim's Services
because it is a very difficult and emotionally draining area to work in. Sheri Mann, Probation Victim
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Services, stated we live in a phenomenal community. She stated Victim's Services could not survive
without the District Attorney and Law Enforcement agencies and thanked them for being part of that
community. John Cooke, Weld County Sheriff, thanked the Commissioners for the proclamation. He
stated that for so long in our society, it seemed like we cared more about criminals and their rights;
however, now the pendulum is swinging back and the victims are being recognized. Commissioner Jerke
stated he was in the legislature about fifteen years ago when the Constitutional Amendment was launched
to enter this program. Historically,the perpetrators had all the rights and the victims of violent crime would
often see the perpetrators on the street within the week because people could bond out, and the victim
would get no information. He further stated State Representative, Jeannie Fox, who served in the late
1980's and mid 1990's, saw this as an incredible wrong, spearheaded the entire program, and launched
it as a movement through the entire state of Colorado. Therefore, victims no longer have to see the
perpetrator out on the street; they are now advised as to where the perpetrator is.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barbara Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,301,008.93
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF HEALTH REGULATIONS - BUFFALO SPIRIT CAFE (CON'T FROM
04/17/06): Trevor Jiricek, Department of Public Health and Environment, stated two weeks ago several
cases were brought before the Board of County Commissioners regarding food service establishments,
some of which had not paid the civil penalty assessed against the facility. At that time, staff was instructed
to try to resolve the matter with Debra Eaves, owner of Buffalo Spirit Cafe. Mr.Jiricek stated he spoke with
Ms. Eaves on several occasions, however, he does not feel he is in a position to waive the civil penalty.
He further stated Ms. Eaves acknowledged she received the notice to renew her license in early
December, 2005, she has had some issues with the Department of Revenue concerning the Sales Tax
License, and did not pay her Food Service license until the end of March. Debra Eaves, owner, stated she
returned to the Department of Revenue on April 19, 2006, at which time they made some corrections to
her file. She stated an employee from Denver, who works with problem accounts, got it straightened out
and gave her a print-out. She further stated when she received the notice, she went to get the license and
was told the number was incorrect on the Department of Revenue certificate that had been sent out, so
they could not renew it until it had been corrected. When she received the hand-delivered notice, she went
back to the Department of Public Health and Environment, and the supervisor did a name change addition
to the file. She stated her 2006 license has been paid for, although her business has since closed. She
further stated she called the Attorney General's Office in Denver concerning the deadlines for not receiving
proper notices before the penalty is applied, and she still has questions about the proper procedure.
Mr. Jiricek stated out of the 759 license facilities in the County, 99 percent of them paid in a timely fashion.
Ms. Eaves is a long time operator and was aware the license needed to be renewed prior to the new year,
and Mr. Jiricek recommends that the fine remain. Responding to Commissioner Vaad, Ms. Eaves stated
she was still in operation after January 1, 2006, so she did go ahead and get the license so she would not
be penalized. When she received the hand-delivered notice from the Department of Public Health and
Environment stating there would be a penalty accessed, she went in immediately and purchased the
license on March 29, 2006, even though she knew she would be closing the business. Responding to
Commissioner Vaad, Mr. Jiricek stated the license is not transferrable to other locations. Responding to
Commissioner Vaad, Bruce Barker, County Attorney, stated if Ms. Eaves surrenders her license, the
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Department of Public Health and Environment will not have to charge her the fee. Ms. Eaves stated she
surrendered her license back to the Department of Public Health and Environment last week.
Commissioner Vaad moved to dismiss the case since the license had been surrendered. Seconded by
Commissioner Jerke, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 54 BETWEEN WCR 17 AND STATE HIGHWAY 257:
Frank Hempen, Jr., Director of Public Works, requested closure of Weld County Road 54 between Weld
County Road 17 and State Highway 257, beginning April 24,2006, and continuing through Thursday,April
28, 2006, to replace a crossroad irrigation pipe. He stated lighted signboards were installed on April 19,
2006, in anticipation of this closure. Commissioner Jerke moved to approve said closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER DUST BLOWING COMPLAINT-JUAN RAMIREZ: (Chair Geile called a recess to allow staff
to locate an interpreter with Luis Mendoza interpreting.) Chair Geile stated the Assistant County Attorney
will present the issues that need to be considered, the Ramirez'will have a chance to respond, and public
testimony will be allowed prior to final determination. Mr. Barker stated with dust blowing complaints, the
adjacent property owners have a right to explain the damages incurred,which is part of the findings. Craig
Emil, Assistant County Attorney, read the five items listed under the Findings of Fact and the
recommendations offered by Nick Hoban of the West Greeley Conservation District. Responding to
Commissioner Vaad, Juan Ramirez, property owner, stated he received the letter from Mr. Hoban
describing the results of his inspection and recommendations made to prevent the dust blowing from his
property. Mr. Emil stated the property was deeded to Mr. Ramirez on November 21, 1997; however, he
does not know if the grazing operation began at that time. Mr. Ramirez stated there has been a lot of wind
this year and they did not have these problems last year. He further stated about three weeks ago he
asked a gentleman to clean up around the fences and , after working approximately one hour, someone
started throwing dirt back over the fence to his side, therefore, he quit working. Maria Del Carmen,
property owner, stated they tried to solve the problem, however, she does not feel it was right for Mr. Davis
to take dirt from his side of the property and throw it back on theirs. She feels this situation is a struggle
against nature. Commissioner Vaad stated the property owner acknowledged he did receive a copy of
the letter from Mr. Hoban from the Soil Conservation District, in which he suggested what needed to be
done to stop the dust blowing. He ensured, through the interpreter, that Mr. Ramirez is aware of what
needs to be done. Chair Geile asked Mr. Mendoza to interpret the response letter from Mr. Hoban and
have the property owners respond to the recommendations. Mr. Ramirez stated the animals have already
been confined to a smaller area, they do not have a lot of animals, and they have removed the dirt from
the fences. Ms. Del Carmen stated they have taken down some of the fences to see if the soil stops
blowing, and they are willing to do what is asked of them.
Darrell Brasier, surrounding property owner, stated he could see there was going to be a problem when
he first moved out there, he has lived in this state all his life and is aware the reason for not overgrazing
is to keep the dirt down. He feels the Ramirez'need to be educated regarding the conservation of pasture
grass, and if the grass comes back, it may be two to three years before it is ready to be pastured again.
Mr. Brasier further stated he has 70 acres of property and has lost three to four acres because of the sand,
the prairie dogs have migrated to his side of the property, and by taking the fences out, the dirt moves
faster. Responding to Commissioner Jerke, Mr. Brasier stated there is no irrigation.nearby, and they only
have a domestic well. Lynne Lyons, adjacent property owner, stated if the wind caused all the damage
to the Ramirez' property,the surrounding properties would look just like theirs. She stated approximately
one-eighth of a mile of her property is under sand, and she introduced pictures, marked Exhibit A, showing
the ditch that runs along Weld County Road 65, filled with dust. She requested the County help repair the
ditch, which is totally full of sand. She further stated she purchased her property one year ago because
it was well maintained, and it is now severely damaged. She stated she has put up a snow fence on her
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property, and has been doing everything she can to reduce further damage. Ms. Lyons thanked the
County for taking an interest in this issue and trying to help the landowners. Responding to Chair Geile,
the fence has been installed over the last two weeks. Ms. Lyons stated two weeks ago she put up part of
the fence from the road to the barn, and a neighbor donated part of the fence that she put up one week
ago to try to protect her animals and livestock from the blowing dirt. Chair Geile explained to Mr. Ramirez
that damage has taken place on the other properties because of the blowing sand, and there are pictures
to prove that: there is evidence from the Soil Conservation Service that states they do not have a
management plan in place to take care of the vegetation; and the purpose of this hearing is to determine
whether erosion is occuring. There was no one present from the West Greeley Soil Conservation District.
Mr. Barker stated if the Board wishes to order the work to be completed, the wording in the second
paragraph of Mr. Hoban's letter should be included on the second page of the resolution. He stated
typically the time frame for completing the work goes from one to two weeks to make certain they get those
things completed. Chair Geile stated these projects would not be able to be completed in two weeks, and
requested help with determining the time period allowed. Mr. Barker stated the removal of the animals
has already taken place, the roughening of the property is the most critical item, there can be no more
pasture activity until the grass comes back, and possibly application of a heavy manure if the prior
recommendations do not work. He further stated the roughening of the property should be completed
within the next ten days, and an inspection done by Mr. Hoben in ten to twenty days
Commissioner Vaad moved to include all five listed Findings of Fact, pursuant to Section 35-72-103(1),
C.R.S., and that the soil must be roughened, as determined by Mr. Hoban,within ten days, with a followup
inspection by Mr. Hovan within ten to twenty days. Responding to Chair Geile, Commission Vaad stated
the timing and further treatment should be at the discretion of the West Greeley Soil Conservation District.
The motion was seconded by Commissioner Long. Before voting, Chair Geile ensured Mr. Ramirez
understood the motion. The motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY
AND AUTHORIZE CHAIR TO SIGN - MARCH, 2006: Commissioner Jerke moved to approve said report
and certification of pay and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion
carried unanimously.
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#371 -TACORONTE FAMILY,LLC,C/O JESUS
AMD ESTHER BARRON:Chris Gathman, Department of Planning Services,stated staff received collateral
in the form of Irrevocable Letter of Credit,#666, in the amount of$9,400.00 for SPR#371. He stated staff
has determined that the amount is sufficient to cover the proposed improvements, and recommended
approval. Don Carroll, Department of Public Works, stated he has reviewed the transportation items and
is agreeable with the items and the quantities. Commissioner Masden moved to approve said agreement,
authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT#1216 - LANCE
MESSINGER: Mr. Gathman stated staff received a letter from Lance Messinger, requesting a partial
vacation of Amended Use by Special Review#1216, for Mineral Resource Development Facilities which
was approved by the Board on January 28, 2004. He stated Mr. Messinger is dividing the property through
a Recorded Exemption and plans to sell Lot A to another party. He stated the current operation for the oil
and gas support facility is located on Lot B of the Recorded Exemption. He further stated staff
recommended two amendments to the plat map: that a vicinity map be inserted to show boundaries of the
USR site and the Planning Commission signature block be removed. Mr. Gathman displayed the map,
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Page 4 BC0016
marked Exhibit A, showing the area to be excluded. He stated there is one building on the property and
a site for a future warehouse that has not yet been built. Commissioner Vaad moved to approve said
partial vacation including adding the vicinity map. Seconded by Commissioner Jerke, 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 10:10 a.m.
Imo; E '<`� WELD C BOARD F OUNTY NTY, COLORADO COMMISSIONERS li ATTEST: ���"ewrl , ,7 , s:,.'( 41 �l P�l4i✓
' �I M. J. eile, hair
Weld County Clerk to the Boar%r ,t r I
` , f ��. - David E. Long, Pro-Tem
BY: 11 f14-6L1 4 .( l,Cl"yI, _
Asti
Clerto the Board) �t _ /l
Wil ' H. Je e �� nn
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Robe Masde
Glenn Vaad
Minutes, April 24, 2006 2006-1189
Page 5 BC0016
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