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Home My WebLink About20040065.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 7, 2004 TAPE #2004-01 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 7, 2004, 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 Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol A. Harding Controller/Treasurer, Claud Hanes MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners meeting of January 5, 2004, as printed. Commissioner Geile seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA:Chair Masden Added Item#2 under New Business,"Consider Task Order for Abstinence Education Program and authorize Chair to sign" CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed. Commissioner Jerke seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS-GARY HOVEY: Chair Masden read the certificate recognizing Gary Hoveyfor 15 years of service. Frank Hempen, Jr., Director of Public Works, presented a retirement pin to Mr. Hovey. RECOGNITION OF SERVICES,EXTENSION ADVISORY COUNCIL-TIM CROISSANT,JOE INTERMILL: Chair Masden read the certificates recognizing Tim Croissant and Joe Intermill for their services on the Extension Advisory Council. Neither were present to receive their awards. 2004-0065 BC0016 01- 13-c(( RECOGNITION OF SERVICES,WELD COUNTY FAIR BOARD-STACY CRAVEN,JEFF MAXEY, PHILIP MORGAN, KENTON OCHSNER, SCOTT PRALLE,AND SONNY SCHNEIDER: Chair Masden read the certificates recognizing Stacy Craven,Jeff Maxey, Philip Morgan,Kenton Ochsner,Scott Pralle and Sonny Schneider for their services on the Fair Board. None were present to receive their awards. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the Board: All Funds $668,724.03 Commissioner Long moved to approve the warrants as presented by Mr. Hanes. Commissioner Jerke seconded the motion, which carried unanimously. BIDS: Present Bids: Mr. Hanes stated there are no bids to present. NEW BUSINESS: CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF PAY AND AUTHORIZE CHAIR TO SIGN-JUNE THROUGH NOVEMBER,2003: Commissioner Geile moved to approve said reports and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER TASK ORDER FOR ABSTINENCE EDUCATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Gaye Morrison, Department of Public Health and Environment,stated this is Title V funding for the abstinence program,and the term of the agreement is January 26,2004,through December 31,2004. She stated the program goals are to increase the number of adolescents who are making positive choices to remain sexually abstinent in preparation for marriage and for sexually active teens to commit to renewed virginity. Commissioner Vaad moved to approve said task order and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. PLANNING: CONSIDER SECOND READING OF CODE ORDINANCE#2003-9, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19, ARTICLES V, VII, IX, XI, XII, AND XIII (KENNESBURG,EATON,KERSEY, LASALLE, FORT LUPTON,AND AULT IGAAGREEMENTS),OF THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was seconded by Commissioner Geile, carried unanimously. Bruce Barker, County Attorney, read the title of Ordinance#2003-9 into the record. Monica Mika, Director of Planning Services,stated she has not received any comments from citizens, and indicated the Eaton map has been corrected and no longer shows the Town of Ault. Responding to Commissioner Jerke regarding the lower left-hand portion of the Eaton map, showing an area of the municipality which is not included in the Urban Growth Boundary(UGB)area, Ms. Mika stated sometimes an annexation is done,which goes beyond the UGB area, and in order to square that off,the Town Board would have to approve it. Mr. Barker stated the UGB area is within the County,and if a portion is in the municipality, the Board could redraw the map without harming the intent of the Intergovernmental Agreement. Commissioners Jerke and Geile stated they would rather redraw the map. Commissioner Jerke moved to modify the map for Eaton to correspond with the intersection of Weld County Roads 72 and 35. The motion was seconded by Commissioner Geile. Commissioner Vaad questioned whether notification would be required of landowners if this property were included, and Chair Masden Minutes, January 7, 2004 2004-0065 Page 2 BC0016 suggested the boundaries could follow the municipality boundaries in this section. Commissioners Jerke and Geile amended the motion to follow the municipality boundaries. The motion carried unanimously. Commissioner Jerke also questioned the LaSalle map,stating the Town has only grown by 50 houses in last 20 years, and all of the homes built were on the west side. He stated the current map includes the intersection of Weld County Roads 43 and 46,although there has not been any growth east of Weld County Road 39 or south of Weld County Road 48.5. Commissioner Jerke indicated he talked to the Mayor and Acting Administrator,Carl Harvey,who stated they have no interest in serving that specific area. Therefore, Commissioner Jerke proposed changing the line to Weld County Roads 48 and 41,thereby excluding the area east of Weld County Road 41 and south of Weld County Road 48. Mr. Barker indicated the City of Fort Lupton will be meeting in February and will be updating its map at that time; therefore, he suggested LaSalle's map could also be amended later. Mr. Barker further stated the purpose of this amendment is to deal with the expiration clause,and by removing property from the area at a later time the County would not have any notification requirements. Commissioner Jerke also stated the huge land mass he is indicating was included without notification of landowners. Ms. Mika stated the original maps were drawn in 1999 and used primary and secondary growth areas. She stated although the County does not recognize the secondary areas,they have been retained on the maps. Responding to CommissionerJerke,Ms Mika stated the primary area is where the municipality stated they could provide water and sewer,therefore,the County considered it to be the UGB area. She stated the remainder is the municipality's concept of where growth might occur. Ms. Mika stated Kersey is the same way; however,staff can modify the maps to make all the Intergovernmental Agreement areas more consistent. Commissioners Geile and Vaad stated the County did not propose these boundaries,the communities did. The Board concurred with Commissioner Jerke that staff be directed to contact LaSalle,as well as any other municipalities with boundaries beyond recognition, to discuss refining the boundaries into tighter and more manageable areas before the third reading. Mr. Barker reiterated this amendment is only to deal with the expiration date,and recommended the Board approve them. Staff will revise the maps at a later date. Therefore,Commissioner Vaad moved to approve Ordinance#2003-9 on second reading. Seconded by Commissioner Geile,the motion carried unanimously. CONSIDER PROBABLE CAUSE HEARING CONCERNING AMENDED USE BY SPECIAL REVIEW PERMIT #673 FOR A POTTERY STUDIO AND DOG KENNEL WITH A MAXIMUM OF 16 DOGS, LOCATED IN THE A (AGRICULTURAL) ZONE DISTRICT - CATHERINE CARIASO: Chris Gathman, Department of Planning Services, stated the site is four acres and the original permit was issued in 1985 for a pottery studio. In 1988 the Use by Special Review Permit was amended to include a dog kennel for 16 dogs. On October 17,2003,the Colorado Department of Agriculture received a complaint under the Pet Animal Care Facility Act, in response to which Scott Leach inspected the property. A followup inspection by Mr. Leach was performed on December 4, 2003. On December 10, 2003, a complaint was received by the Weld County Sheriff's Department, Animal Control Division, and the Department of Planning Services. In response, the property was inspected by Gary Schwartz, Weld County Sheriff's Office, Mr. Gathman,and Char Davis,Department of Public Health and Environment. The applicant clearly had more than the 16 dogs for which she was permitted,a number of which were living in crates, covered with urine and feces. A letter of notification for Probable Cause Hearing was mailed December 19,2003. On January 5, 2004,a followup inspection indicated the applicant was clearly over her 16-dog limit and Mr. Schwartz stated he had assisted in removing a number of dogs from the site. Mr. Gathman stated the house appeared to be cleaner; however, Ms. Cariaso admitted she still had 30 dogs, not counting the puppies. Therefore,staff recommends a Show Cause Hearing be scheduled. Responding to Commissioner Geile, Mr.Gathman stated there are approximately 7 to 10 puppies under 6 months of age,which are apparently kept in one area of the house. Catherine Cariaso,stated she breeds Labradors,and she started her business in Boulder with four dogs She stated this propertywas purchased in 1981,and she moved in with eight dogs,although she purchased Minutes, January 7, 2004 2004-0065 Page 3 BC0016 the property for her pottery business and to have space enough for her horses. Ms. Cariaso stated she does breeding strictly as a hobby. She stated through the years she has had many requests and gradually increased her breeding program to accommodate the requests. She stated her dogs are quiet, obedient dogs often used as service dogs for handicapped individuals and children, and she sells them all over the country. Ms. Cariaso stated she was caught in a position of having eight-or ten-year old dogs who could not be placed, all of which were happy, healthy dogs. She kept them since they are too much like family to be euthanized when they reach a certain age. Ms. Cariaso stated she has been breeding dogs a long time, and she has the money and facilities to care for them,and she is requesting an amendment for the Special Review Permit allowing her to keep 30 dogs. Mr. Barker stated an amendment would need to be processed as an amendment to a Use by Special Review Permit; however, in the meantime she appears to be in violation. He stated the permit does not distinguish between dogs and puppies,therefore, 16 must be the limit unless an amendment is processed. Mr. Barker stated the Board has the option of continuing the Probable Cause to a date certain to allow the application for an amendment to be submitted. Responding to Chair Masden, Mr. Barker stated the options are to continue the Probable Cause or set a Show Cause, either of which would allow Ms. Cariaso time to deal with the situation. Ms. Cariaso stated it was only this year that she had too many dogs; she had 33 puppies in December,and is now down to 7. Commissioner Vaad stated he is prepared to continue this matter, and he further stated a complaint was received,therefore,someone was bothered by the number or care of the dogs. He suggested Ms.Cariaso consider how to mitigate the situation when applying for the amendment to her Special Review Permit. Responding to Commissioner Jerke she stated her property is not under contract to sell at this time; however, a foreclosure is pending. Ms. Cariaso stated she has until June 1, 2004, before foreclosure is completed. Mr. Barker stated the Board could find it more probable than not that the property is in violation of standards, and set a Show Cause in approximately 45 days to allow time for an amendment to be processed. Mr. Gathman stated the Special Review Permit will expire if she leaves the property. Gary Schwartz,Weld County Sheriff's Department,stated Ms.Cariaso voluntarily gave 33 dogs up for transport to the Humane Society,although through our agreement with the Humane Society,the County has spent several thousand dollars on those dogs. He stated the original problem included the condition of the dogs, which were living in crates,lying in urine and feces. Although those conditions have improved,he indicated the reduction in the number of dogs is the deciding factor in her being able to care for them properly; therefore,the solution to the problem is not simply to amend the permit to include a greater number of dogs. Commissioner Vaad moved to find,through evidence presented by staff and testimony of the applicant,that there is Probable Cause to show the property is in violation of Amended Use by Special Review Permit #673, and to set a Show Cause Hearing for February 18, 2004, at 10:00 a.m. The motion, which was seconded by Commissioner Geile, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Code Ordinance #2003-9 was approved on second reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, January 7, 2004 2004-0065 Page 4 BC0016 There being no further business, this meeting was adjourned at 10:15 a.m. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, C\OL RADO ATTEST: h/ �/ (��S cLa�`` V US Robert D. Masden, Chair Weld County Clerk to t 8,,.��': ozr �I -3)C n 4 ti William H. rke, Pro-Tern BY: Deputy Clerk to the Boa�� . TSeile David. Long Glenn Vaad ! Minutes, January 7, 2004 2004-0065 Page 5 BC0016 Hello