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Home My WebLink About20060336.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 30, 2006 TAPE #2006-02 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, January 30, 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, Jenny VanEgdom Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of January 25, 2006, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. READORDINANCEBYTAPE:Commissioner Masden moved to read Code Ordinance#2006-1 by tape. Commissioner Vaad seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on January 25, 2006, as follows: 1) USR#1531 -George and Mary Carlson Revocable Living Trusts, do Kevin and Debbie Martin;2)USR#1510-Alvin and Gail Brand,Jr.,c/o Flatirons Surveying, Inc.; and 3) USR #1513 - Joe and Chris Miller. Commissioner Long 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. 2006-0336 BC0016 o�- is-©6 PRESENTATIONS: CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION-BARB EURICH: Chair Geile read the certificate into the record, recognizing Barb Eurich for excellence in financial reporting. Barb Eurich,Controller,stated she takes great pride in her work. Commissioner Vaad stated Weld County is an open government, and the public is able to see how money is spent. He stated the hard work completed by staff in the Accounting Department is reflected in the quality of reports. Chair Geile expressed his appreciation to Ms. Eurich. RECOGNITION OF SERVICES,DEPARTMENTOF SOCIAL SERVICES-DAVID LAWLEY: Chair Geile read the certificate into the record, recognizing David Lawley for 20 years of service with the Department of Social Services. Judy Griego, Director of Social Services, stated Mr. Lawley has had a distinguished career with the Department,and has been a Lead Investigator researching fraudulent activity in the Welfare Programs. She stated Mr. Lawley has previous law enforcement and military experience, and has given very dedicated service to the Department. Mr. Lawley stated he has enjoyed his time working at the Department,and it has been a very enlightening job. Chair Geile expressed his appreciation to Mr. Lawley. 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 $1,020,808.01 Electronic Transfers -All Funds $2,895,818.89 Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT FOR EARLY CHILDHOOD EDUCATION SERVICES AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-3J: Walt Speckman, Director of Human Services, stated School District RE-3J will provide Head Start Program services,and Colorado Preschool Programs. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER 2005 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR THE HIGHWAY USERS TAX FUND: Frank Hempen, Jr., Director of Public Works, stated the Department is required to certify the number of miles of maintained roads within the County to be able to access Highway User Trust Funds. He stated the County maintained 3,075 miles of roads in 2005,compared to 3,096 miles of roads in 2004. He further stated of 668 miles of the roads maintained by the County are paved, 2,406 miles of roads are gravel roads, annexations claimed 18 miles of roads in 2005, and 5.38 miles were acquired through new subdivisions. Mr. Hempen stated the total mileage is down approximately 20 miles from the previous year,and the annual update is completed through the GIS system. In response to Commissioner Vaad, Mr. Hempen stated the County will receive approximately $8.3 million dollars in trust funds. Commissioner Jerke moved to approve said certification report. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER AMENDED HIPAA COMPLIANCE PLAN TO INCLUDE GENERAL HIPPA SECURITY POLICIES FOR WELD COUNTY: Mr.Warden stated the Health Insurance Portability and Accountability Act (HIPAA)was enacted in 1996, and the Board adopted a mandatory plan in 2003, which covers the Department of Public Health and Environment, the Department of Human Services, the Department of Minutes, January 30, 2006 2006-0336 Page 2 BC0016 Paramedic Services, and the employee Health and Dental Plans. He stated the Department of Social Services and the North Jail will now be included in the plan. He further stated inmates do not have coverage while incarcerated; however, privacy rights will be enacted upon release. Mr. Warden stated the County now needs to have insurance policies in place,which keep records in a secure manner. He stated Digicare completed a compliance audit last year, to evaluate the security within the County, and no major issues were found as a result of the audit. He stated the policies include the minimal requirements of the Federal Government. He further stated Affiliated Computer Services must complete background checks on potential employees,development of training programs, periodic reviews,and the creation of a response team. Mr. Warden stated the business associates agreement must reflect the security requirements contingency plan,and upon approval,Weld County will be in compliance with the security issues regarding HIPAA. He stated the audit found that Weld County is rated at the top of the list for good security measures, which is partly due to the security upgrades with computer systems, and remodeling completed in the Department of Public Health and Environment. Commissioner Long moved to approve said compliance plan. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER AMENDED HIPAA BUSI NESS ASSOCIATES STANDARD AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated any business transactions concerning access to Health Records requires an agreement to be signed stating personal information will not be divulged. He stated examples of those expected to sign the agreement would be auditors,accounts receivable staff from the Department of Paramedic Services,and the nursing services staff at the North Jail complex. He further stated a change to the existing agreement is requested, which adds Paragraph 19. He stated approval of the standard agreement will allow the Chair to sign the individual agreements, instead of bringing each individual agreement before the Board. Commissioner Jerke moved to approve said standard agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEYAND AUTHORIZE CHAIR TO SIGN- SUSIE VELASQUEZ: Commissioner Jerke moved to appoint Susie Velasquez as a Deputy District Attorney. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER APPOINTMENT OF DEPUTY DISTRICTATTORNEY AND AUTHORIZE CHAIR TO SIGN- BRANDY ELLISS: Commissioner Jerke moved to appoint Brandy Elliss as a Deputy District Attorney. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: FIRST READING OF ORDINANCE#2006-1, IN THE MATTER OF AMENDING MAP 2.1,STRUCTURAL LAND USE MAP,TO MODIFY THE LAND USE DESIGNATIONS-BENSON FARMS,LLC: Michelle Martin, Department of Planning Services, stated the application is for the modification to parcels of land located within the Mixed Use Development(MUD)area, changes to Chapter 22 of the Comprehensive Plan, and Chapter 26 of the Mixed Use Development Plan,Structural Land Use Map 2.1. Ms. Martin stated the parcels associated with the proposal are located in Sections 23 and 24,north of State Highway 66,and east of Weld County Road 9.5., and Map 2.1 reflects the existing area to be modified. She stated the two criteria for review of the proposal are located in Sections 26-1-30 and 22-1-150 of the Weld County Code. She stated the proposed change to Map 2.1 eliminates the commercial component and the employment center in Sections 23 and 24, and will include residential components. In response to Commissioner Vaad, Ms. Martin stated the boundaries of the MUD area will not be altered. Chair Geile stated several changes are proposed within the boundaries, which will create changes within the Sanitation District and the Town of Mead service area. Chair Geile instructed staff to contact Connie O'Neill at the North Front Range Water Quality Management Association, and retrieve current maps, as well as proposed maps prior to second reading. Commissioner Vaad moved to approve Ordinance#2006-1 on first reading. The motion was seconded by Commissioner Masden. Commissioner Jerke stated he would like detailed explanations of the proposed changes from the applicant at the time of second reading. In response to Commissioner Minutes, January 30, 2006 2006-0336 Page 3 BC0016 Long, Ms. Martin stated the proposed changes will be included for review by the Southwest Weld County 1-25 Corridor Study Technical Committee. There being no further discussion, the motion carried unanimously. CONSIDER REQUEST TO PREADVERTISE CHANGE OF ZONE, PZ #1090, FROM THE A (AGRICULTURAL)ZONE DISTRICT TO THE PUD(PLANNED UNIT DEVELOPMENT)ZONE DISTRICT- RIDGEVIEW FARMS, LLC, C/O CASSEDAY CREATIVE DESIGNS: Sheri Lockman, Department of Planning Services,stated the applicant has requested preadvertisement for Change of Zone, PS#1090, She stated staff sent out the 30-day notification as required,and received notice that the mineral rights had seen sold to a different entity; therefore, the application process has been delayed. In response to Commissioner Jerke, Ms. Lockman stated the applicant has been working with the new mineral owner,and the Conditions of Approval needing to be completed before the Board hearing will be completed quickly. Robb Casseday, Casseday Creative Designs, represented the applicant and stated the applicant was meeting with representatives of the new company on the same morning, and was not able to come to the Board meeting. He stated the new company is based out of Texas, and recently opened a branch office in the Denver area. He stated the Denver representatives are researching the original agreements and making a visit to the site. Mr. Casseday stated he is confident that the transition will progress smoothly. In response to Commissioner Masden, Ms. Lockman stated she conferred with the Clerk to the Board office, and the scheduling should not overload the docket. Commissioner Jerke moved to approve said request. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER LETTER AGREEMENT FOR PILOT OPERATION OF AN IN-VESSEUDIGESTER COMPOSTING PROCESS AT THE A-1 ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY AND AUTHORIZE CHAIR TO SIGN- LAMBLAND, INC., DBAA-1 ORGANICS: Lee Morrison, Assistant County Attorney, stated the letter agreement is listed as item of business so that the matter could be publicly noticed to the surrounding property owners. He stated a permit is not being issued for the site at this time; however,the applicant is requesting permission for a temporary pilot project. He further stated the applicant has proposed a guarantee agreement which assures the removal of equipment at the site upon completion of the pilot project,and the County has the authority to ensure operations cease at the end of the project. Mr. Morrison stated approval of the pilot project does not determine whether the applicant will apply for an amendment to the Use by Special Review Permit; therefore, approval of the letter agreement only allows the pilot project to operate. In response to Chair Geile, Mr. Morrison stated the applicant/permit holder and members of the public should be allowed to provide testimony. Chuck Wilson, Owner of A-1 Organics, stated a work session was held with the Board, and the plans for the pilot project were presented at that time. In response to Commissioner Vaad, Bob Yost, Vice President of New Business Development for A-1 Organics, stated the pilot systems will be in place prior to the processing of any materials, and no processing of materials will be completed outside of what is currently permitted. Gary Parish,Attorney,stated he was representing the Guttersen family, surrounding property owners. He stated Art Guttersen was scheduled for surgery, and could not attend the hearing today. He stated the Guttersens did not receive notice of the hearing until Friday, January 27, 2006, upon returning from an extended vacation. (Change to Tape#2006-03). Mr. Parish stated the Guttersens have a high interest in what happens at the facility, since they live next to it. He stated the Guttersens do not believe the A-1 Organics Company has been a good neighbor to the surrounding area because unbearable odors are generated,an extreme accumulation of flies exist in the area,and there have been numerous deliveries of materials at the site when attendants are not available. He further stated the Guttersens believe the company has failed to show adequate technical and financial resources, and approval of the pilot project should not be granted to a facility without appropriate financial resources. He stated the Guttersen family requests that the Board not approve the request for a pilot facility until the company can prove it has adequate resources to run the facility. Minutes, January 30, 2006 2006-0336 Page 4 BC0016 In response to the concerns stated by Mr. Parish, Mr.Yost stated A-1 Organics has completed composting operations since 1974. He stated the company has attempted to correspond with the Guttersen family,and he would be happy to give a full accounting of the plans and documents submitted to the Board. He further stated A-1 Organics has facilities in Jefferson County, and another facility within Weld County, and the company has been responsive regarding violation issues. Mr.Yost stated the completion of the pilot project will allow the facility to process many materials which have unique challenges, and the company wants to improve operations to be capable of handling these materials without harming the environment. He stated the pilot project will allow the company to review several in-vessel systems, and the process currently in place has been operating for over a year. He further stated the company has provided details and answered all of the County's questions with scientific data proving the operation will be feasible. Mr. Yost stated delaying the pilot project will not be beneficial to the next phase of operations, since there is a need within the community to divert the unique materials to be processed by the company. In response to Commissioner Vaad, Mr.Yost stated all materials delivered to the site must be processed by the end of each day. He further stated sub-contractors complete the pre-processing work, dump and cover the loads,and the operators then process the loads. Further responding to Commissioner Vaad,Mr. Yost stated the process is completed seven days a week. Mr. Morrison stated the letter agreement provides for the opportunity to complete the pilot project under the existing Use by Special Review Permit, and the applicant agrees to apply for an amendment of the permit before making any permanent additions to the site. He further stated the applicant will complete the application within eight months of the commencement of the pilot operation,and$30,000.00 has been provided as a guarantee of removal of the pilot. He stated the funds will be returned to the applicant upon removal of the pilot operation, or upon an approved amendment; however,if the amendment is denied,the applicant will have six months to restore the site to its current condition, which could retain structures allowed under the current Use by Special Review Permit. In response to Chair Geile, Mr. Morrison stated notice of the of hearing was provided to surrounding property owners; however,details of the operation were not included within the notice. Further responding to Chair Geile, Mr.Yost stated the letter agreement has not been discussed with surrounding property owners,the County and the State were petitioned,and the Department of Planning Services issued a letter to proceed with the pilot operations. He stated he was informed by Mr. Morrison to draft a letter agreement and provide the bonding requirement. Commissioner Vaad stated the Board has previously met with officials from A-I Organics,and more information has been provided to the Board than to surrounding property owners. He stated the applicant has approached the matter in good faith, and followed up with a letter that met the requirements. He further stated it would be appropriate to delay action on the matter until the information regarding the pilot project is made available to the surrounding property owners. Commissioner Vaad further stated the pilot project does not conflict with the current Use by Special Review Permit, and if the pilot is successful, the applicant has agreed to amend the permit. Commissioner Jerke stated he agreed with the sentiments expressed by Commissioner Vaad. Commissioner Masden recommended continuing the matter to allow discussion from Department of Public Health and Environment staff. Commissioner Vaad stated the letter agreement should be opened to the public, to provide the information that Board has been given. In response to Chair Geile,Mr.Yost stated the company has made numerous attempts to show the information to the surrounding property owners, and he has no objection to the proposed delay of one week to provide information to the surrounding property owners. Commissioner Vaad moved to continue said matter to February 6, 2006, at 9:00 a.m. Seconded by Commissioner Masden, the motion carried unanimously. RECONSI DER CONDITION OF APPROVAL FOR SUBDIVISION EXEMPTION#45-JAMES AND SALLY ORR ECKHARDT: Ms. Martin stated James and Sally Eckhardt, applicants, have requested the Board reconsider the Condition of Approval for Subdivision Exemption,SE#45,dated June 1, 1977. She stated the Condition required that Lot B of SE#45 be used as a reservoir site,and not to be utilized as a residential building site. Mr. Morrison stated the next item of business may be called up to be heard concurrent with this matter. Chair Geile called up Recorded Exemption#4196. Ms. Martin displayed photos of the existing Minutes, January 30, 2006 2006-0336 Page 5 BC0016 site, and gave a brief description of the location of the site. Peter Schei, Department of Public Works, stated the site is adjacent to Weld County Roads 57 and 50, and both roads are local gravel roads with a 60-foot right-of-way available at full buildout. He stated staff recommended approval of the application,and requested that direct access to the site be limited to one access per legal parcel, with adequate site distance. James Eckhardt,applicant,stated he would like to retire and build his retirement home on Lot B. He stated the Latham Ditch Company was interested in the reservoir located on Lot B when SE#45 was approved in 1977; however, upon completion of a feasibility study, the Ditch Company determined not enough water was available in the reservoir. He further stated he would like the Condition of Approval removed so that a house may be built on the lot. Ms. Martin stated the removal of the Condition of Approval will make both Lots A and B buildable lots. She stated the applicant have proposed a building envelope for Lot B, to ensure construction of a home does not affect the body of water. Mr. Eckhardt stated the southwestern portion of the lot is irrigated cropland, and the reservoir is located in an area of wetlands, which is separate from the proposed building envelope area. In response to Commissioner Jerke, Mr. Eckhardt stated the proposed house will not be built within a floodway, and the house located on Lot A is actually closer to the reservoir than the proposed house for Lot B. Commissioner Jerke moved to delete said Condition of Approval for Subdivision Exemption#45. Seconded by Commissioner Vaad,the motion carried unanimously. CONSIDER RECORDED EXEMPTION#4196-JAMES AND SALLY ORR ECKHARDT: Commissioner Jerke moved to approve Recorded Exemption #4196. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinance#2006-1 was approved on first 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 10:20 a.m. ��..� BOARD OF CO NTY COMMISSIONERS sk, E La WELD COU , COLORADO ATTEST: • _ e I I6c � ' 1 iN �.� M. J. ile, Chair C.) Weld County Clerk to the Boar 1 BY:� "� " �i /aLt ' I� David . Long, Pro-Tern De ty CI the Board ,� 77,7 Will Jerke e Robert D. Masddee/n/ ACV �Glenn Vaad c-- Minutes, January 30, 2006 2006-0336 Page 6 BC0016 Hello