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Home My WebLink About20021646 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 24, 2002 TAPE #2002-20 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, June 24, 2002, 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 Glenn Vaad, Chair Commissioner David E. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke - EXCUSED Commissioner Robert D. Masden Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Controller, Claud Hanes MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of June 19, 2002, as printed. Commissioner Geile seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on June 19, 2002, as follows: 1) Community Development Block Grant Application, Island Grove Regional Treatment Center; 2) Community Development Block Grant Application, Greeley Center for Independent Living; 3) Change of Zone #632 from the A (Agricultural) Zone District to the PUD (Planned Unit Development)Zone District,National Hog Farms,c/o Upland Pointe, LLC,dba John Kadavy, c/o Todd Hodges Design, LLC; and 4) A Site Specific Development Plan and Use by Special Review Permit #1381, Linda Daniel, c/o Witwer, Oldenburg, Barry, and Bedingfield, LLP, Attn: Tim Clancy. Commissioner Geile seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. 2002-1646 BC0016 PRESENTATIONS: PRESENTATION OF FAIR BOOKS TO BOARD - WELD COUNTY FAIR ROYALTY: Jennifer Lockman and Maggie Adams, Fair Royalty, were present to present the 2002 Weld County Fair Book. Ms. Adams reviewed the various activities which the Fair Royalty have participated in this year. Ms. Lockman stated there will also be many activities during the Greeley Independence Stampede and other events throughout the upcoming summer. She stated the Weld County Fair will be from July 20 to July 29, 2002, and she presented the Board with invitations to an appreciation dinner. Commissioners Geile, Long, and Masden congratulated the Fair Royalty and commended them for all of their work and involvement in the community. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. WARRANTS: Claud Hanes, Controller, presented the following warrants for approval by the Board: All Funds $566,591.42 Commissioner Masden moved to approve the warrants as presented by Mr. Hanes. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION AND PLANNING FORM FOR 2003 STATE FUNDING OF SENIOR SERVICES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the application and plan are for State funding anticipated for this year. He stated the amount has been reduced slightly; however, the Area Agency on Aging recommends approval of the funding, which will be used to provide various senior services. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER APPLICATION FOR PLATTE VALLEY MEDICAL CENTER COMMUNITY HEALTH INVESTMENT PROGRAM: Mr. Speckman stated this application is requesting $10,000 for seniors living in southern Weld County. He stated the funds will be used to provide continued dental,vision,and hearing aid services to seniors 60 years of age and older. Commissioner Masden moved to approve said application. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER ENTRY ON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST: Frank Hempen,Jr., Director of Public Works, stated this is a standard request for entry onto properties which have noxious weeds. He stated most property owners are cooperative in working with the Vegetation Management Specialist in controlling the weeds, but the entry request will be in place if needed. Chair Vaad thanked Commissioners Geile and Long for attending the Mead Tour. Commissioner Masden moved to approve said entry. Commissioner Geile seconded the motion, and commended Ron Broda, Department of Public Works, for coordinating the Weed Board meeting at Mead. He stated the members of the Weed Board are very knowledgeable and committed to addressing the issues in Weld County. There being no further discussion, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WCR 65 BETWEEN WCR 8 AND STATE HIGHWAY 52: Mr. Hempen stated Weld County Road 65 will be closed today, for a period of two months. He stated this project is part of the five-year plan, and there has been warning signs at both ends of the road segment for advance notice of the closure. Commissioner Geile moved to approve said temporary closure as recommended by staff. Commissioner Long seconded the motion, which carried unanimously. Minutes, June 24, 2002 2002-1646 Page 2 BC0016 CONSIDER AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN - TOWN OF SEVERANCE: Mr. Hempen stated this is a standard agreement under which the County will provide weed control on Severance roads contiguous with Weld County roads. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER RESOLUTION RE: AUTHORIZE WELD COUNTY TREASURER TO ESTABLISH SOCIAL SERVICES TRUST FUND: Mr. Hanes explained the State Auditor has recommended the Department of Social Services establish a trust fund which earns interest on funds which are being held for children who are under the custody of the Department of Social Services. He stated $96,000 is currently being held for various children and he recommends approval. Commissioner Masden moved to approve said Resolution. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER SCOPE OF SERVICES CONTRACT FOR PURCHASE, INSTALLATION, AND MAINTENANCE OF A COMPRESSED NATURAL GAS VEHICLE FUELING FACILITY AND AUTHORIZE CHAIR TO SIGN -NATURAL FUELS COMPANY, LLC: Mr. Hanes stated the Department of Public Health and Environment received a grant from the State, in the amount of$238,500. He stated these funds will allow the County to build a natural gas vehicle fueling facility on the northern portion of the County fuel site. Commissioner Long moved to approve said contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER RESOLUTION RE: REFINANCING OF CERTAIN SOLID WASTE DISPOSAL REVENUE AND REFUNDING BONDS;DELEGATING TO THE COLORADO HOUSING AND FINANCE AUTHORITY THE POWER TO ISSUE REFUNDING REVENUE BONDS OR OTHER REFUNDING OBLIGATIONS IN ORDER TO EFFECT SUCH REFINANCING; AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT;PROVIDING OTHER DETAILS IN CONNECTION THEREWITH,AND PROVIDING AN EFFECTIVE DATE: Bruce Barker, County Attorney, stated in August of 1991, Weld County issued Bonds 1990A and 1990B. He stated this Resolution will delegate authority to the Colorado Finance Authority to refinance and refund the bonds as of August of this year. Commissioner Geile commented the Colorado Housing and Finance Act has a lot of authority to issue low-interest rate loans. Responding to Commissioner Geile, Mr. Barker stated he is uncertain of the amounts of details of this issue; however, he will research the matter further and bring it back before the Board on Wednesday. Commissioner Geile moved to continue said Resolution and Delegation Agreement to Wednesday, June 26, 2002, at 9:00 a.m. The motion was seconded by Commissioner Masden, and it carried unanimously. PLANNING: CONSIDER MOBILE HOME PERMIT, ZPMH #2309 - JAIME RINCON: Wendi Inloes, Department of Planning Services,gave a brief description of the location of the site and stated although the applicant was unable to obtain the required 70 percent of signatures from the surrounding property owners, staff is recommending approval, with Conditions of Approval. In response to Chair Vaad, Ms. Inloes stated the Town of Eaton indicated no conflict with this request. No public testimony was offered concerning this matter. Commissioner Long moved to approve the application of Jaime Rincon for a Mobile Home Permit, ZPMH#2309, with the Conditions of Approval as recommended by staff. Commissioner Geile seconded the motion, which carried unanimously. PROBABLE CAUSE HEARING FOR AMENDED USE BY SPECIAL REVIEW PERMIT #820 - KERBS DAIRY/FIRST COMMERCIAL BANK: Cindi Etcheverry, Department of Public Health and Environment, gave a brief description of the location of the site. She stated this case was initiated due to a recent discharge and various complaints received from surrounding property owners. She reviewed the case summary for the record, and stated although staff has sent numerous letters to the applicant's Minutes, June 24, 2002 2002-1646 Page 3 BC0016 representative, the site remains in violation. Ms. Etcheverry reviewed her recommendations, as cited in a Memorandum, dated June 21, 2002, and she requested a Show Cause hearing be set 180 days from today to allow the property owner adequate time to address the issues. Thomas Haren, AgPro Environmental Services, LLC, stated he did verify the overflow incident on the site, and he submitted photographs, marked Exhibits A and B. He explained on June 3, 2002, one of the lagoons overflowed. He reviewed the site design and stated a majority of feed from the pens was washed across the site plugging the pipe which should have diverted the water to some of the other waste water lagoons. Mr. Haren stated since that time he has talked with staff, and the property owner has begun corrections. He stated the pipes have been removed and are currently being replaced with open concrete structures to alleviate any future blockage. He stated he concurs with staff's recommendation and will include the details in the Plan of Correction, which will be submitted within the next five days. In response to Chair Vaad, Mr. Haren stated the feed from the site and other miscellaneous debris from the properties to the north combined to block the drainage path. He stated the site manager reported the storm only lasted 20 minutes,which did not allow any time to go out and correct the situation before the damage was done. He stated he was personally on site within an hour and observed that the rain came so fast the ground did not absorb the water resulting in complete runoff. Mr. Haren reviewed the long range improvements to the site, and stated the property owner began the cleanup process the next day. In response to Commissioner Geile, Mr. Haren stated odor was not an issue with this occurrence; however, odor has been an issue in the past. He stated the facility has been double cropping to address excessive nitrates in the soil,which were present when the applicant purchased the site. He further stated the ponds will all be tested to ensure they are in conformance with the State regulations. Responding to Commissioner Masden, Mr. Haren stated they did not investigate how far the overflow materials went offsite. Ms. Etcheverry stated she received reports of fences being flooded out, and during a site investigation, she observed waste water flowing up to the foundation of the Vance home. She further stated one of the surrounding roads was also flooded due to a combination of the dairy overflow and hail. Mr. Haren reiterated the properties further north also drain south and the culvert near the Vance home is not adequate to handle the amount of water created by this storm. Responding to Chair Vaad, Ms. Etcheverry reviewed the various complaints received, and stated there has been three other discharges verified on April 4 and 11, 2001, and May 3, 2002, in addition to the recent storm event on June 3, 2002. She stated the June 3,2002,storm was not classified as a 24-hour,25-year storm event. Mr. Haren stated there was approximately 1.5 inches of rain within 20 minutes. Kent Vance, surrounding property owner, stated he called in a complaint on June 3, 2002, because his property was heavily flooded. He stated he did not report the damage which occurred on July 7, 2001, because they received 4.5 inches of rain in 20 minutes and 1 foot of hail that caused the flooding. He stated this is the fourth storm that was more than three inches in the past six years and due to the irregular weather patterns in this area, it is a poor location for a dairy. He stated the diary operator knew about the drainage problems prior to purchasing the site; however, the application for a dairy was approved and it has negative impacts on the surrounding properties. Mr. Vance stated the diary operators have constructed large lagoons since they have owned the site and made other large improvements; however, it is not enough to accommodate the severe weather patterns common in this area. He stated it is unlikely the owner will ever be able to contain the manure on the site during storm events, and added there were also large amounts of hay and garbage which flowed onto his property during the storm. He further stated the diary operator has never offered assistance in the clean up efforts around his home. Mr.Vance stated the culvert at the intersection of Highways 392 and 37 needs to be improved. He stated the existing culvert would have been adequate for the water flow created by the most recent storm; however, there was too much debris and he does not personally have the resources to increase the size of the culvert. He stated his new driveway has a 3.5-foot culvert, but the lower driveway only has a 2.5-foot culvert, which was blocked with hay and weeds causing most of the flooding. In response to Chair Vaad, Mr. Vance stated both Highways end at this corner, and he is not sure whether the culvert is maintained by the County or Minutes, June 24, 2002 2002-1646 Page 4 BC0016 the State. He explained in the past the State did place a concrete reinforcement around the culvert, and once the water flows through the culvert it empties into a large canal on the west side of Highway 37, south of Weld County Road 55. Responding to Chair Vaad, Ms. Etcheverry stated the applicant has made many improvements, so staff felt it would be appropriate for the Board determine whether there is Probable Cause or if staff should work with the applicant to come into compliance with the Conditions of Approval and Development Standards. Mr. Barker stated the Board can set a date for a Show Cause hearing, continue the Probable Cause hearing to a date certain, which allows the property owner to address staff's concerns, or dismiss the hearing if there is adequate evidence that the issue has been resolved. Mr. Barker stated the applicant's representative has already indicated they will submit a Plan of Correction within the next five days to address the first recommendation of the Health Department. Mr. Haren stated he and the applicant agree with all of staffs' comments and recommendations for correction. He stated there are still some issues with the Colorado Water Quality Control Permit so he is concerned they may not be completed within the allotted time. He further stated some of the separation ponds were pre-existing and will need to be tested; however, he feels they can be done with that project within 60 days. He explained the State is backlogged and may not even review the Water Quality Control Permit for six months; however,the property owner will at least make a good faith effort to apply and follow up appropriately. Ms. Etcheverry stated the application being submitted within 60 days is sufficient and they have done some work on the liner to ensure it meets the seepage rate. She stated the new lagoons were tested at the construction phase, the soils are good, and she feels the prior lagoons will be adequate but the technical review may take longer. Responding to Commissioner Geile, Mr. Haren stated these corrections will not entirely correct the drainage problems on the Vance property; however, the lagoons are designed for a 25-year, 24-hour storm and the regulations allow for some discharge from storms greater than a 25-year, 24-hour storm classification. He stated the 30-inch culvert on the site is adequate; however, the combined flows from various properties are too much for a 30-inch culvert at the highway intersection. He stated the storm water lagoon would have been adequate to contain the water from this storm; however, it was empty because the pipe was blocked with debris resulting in an overflow. He stated they are not required to contain storm water which flows across their property from sites to the north, and that water will likely continue to affect the Vance property even if the dairy is completely contained. Commissioner Geile moved to continue the Probable Cause Hearing for 180 days to January 6, 2003, at 9:00 a.m. Commissioner Masden seconded the motion. Commissioner Geile commented this has been a difficult situation for the Vances,and he requested Mr.Vance continue to report the situations at the site. He also requested the Department of Public Health and Environment work with the Department of Public Works to address the culvert at the intersection of Highways 392 and 37. Commissioner Long commented the site operator did take immediate action and he feels the situation is larger that just Kerbs Dairy. In response to Trevor Jiricek, Weld County Department of Public Health and Environment, Chair Vaad commented the applicant has indicated agreement to all four recommendations of staff. 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. Minutes, June 24, 2002 2002-1646 Page 5 BC0016 There being no further business, this meeting was adjourned at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESTn � IE4`O EXCUSED DATE OF APPROVAL / c, < a\ elgiL. Vaad, Chair Weld County Clerk to th. 'o- �� ' �� [ 1861 ('((['��'.� sv�� 1 , C c�, / / / t N 4��i �O David E. g, Pro-Tem BY: _./i _ .. Sil!_,G_;L as Deputy Clerk to the BoY4 (! ° '\ ?F Q.c."-•• M. J. Geile EXCUSED liLS Minutes, June 24, 2002 2002-1646 Page 6 BC0016 Hello