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Home My WebLink About20030732.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 24, 2003 TAPE#2003-10 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 24, 2003, 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 Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke - EXCUSED Commissioner Glenn Vaad Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Carol A. Harding Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of March 17, 2003, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on March 17, 2003, as follows: 1) Hearing to show whether good cause exists for revocation of Use By Special Review Permit#1098 - Prairie Mountain Pipeline Company. Commissioner Geile seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: "Consider Application for 2003 Emergency Shelter Grant - Colorado Division of Housing"was added as Item #1 of New Business on the Housing Authority agenda. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Vaad seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. Chair Long recognized Weld County employees in the Armed Services who have been called into service - -Jim Figeroa, Department of Social Services; Jerry Sanchez, Assessor's Office; Eloy Silva, Department of Human Services; and Jeff Jerome, Department of Public Works. PUBLIC INPUT: There was no public input. 2003-0732 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,034,623.02 Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad seconded the motion, which carried unanimously. BIDS: PRESENT 2003 SLURRY SEAL PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of General Services, read the names of three vendors who submitted bids into the record. Said bid will be considered for approval on April 7, 2003. PRESENT ROADWAY DESIGN OF WELD COUNTY ROAD 13 (ROADS 2-8) - DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of General Services, read the names of 13 vendors who submitted bids into the record. Said bid will be considered for approval on April 7, 2003. APPROVE GROUP CHAIRS FOR ISLAND GROVE OUTPATIENT TREATMENT BUILDING - FINANCE DEPARTMENT: Mr. Persichino stated BJ Dean, Executive Director of the Island Grove Regional Treatment Center, Inc., has recommended approval of the low bid from Nelson's Office Supply, in the amount of$10,136.16. Commissioner Vaad moved to approve said low bid. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BLUE CHIP OIL, INC.: Mary Hazen, Assessor's Representative, recommended approval of said abatement and stated staff had double assessed the parcel. Commissioner Vaad moved to approve said Petition for Abatement or Refund of Taxes. The motion, which was seconded by Commissioner Geile, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JOHNSTOWN GATEWAY, LLC: Mike Sampson, Assessor's Representative, stated this was a request for 2000 and 2001, for which there was a Board of Equalization appeal in 2002. Staff stipulated the value for 2002, and since both 2001 and 2002 are in the same base period, staff is recommending approval of only the 2001 petition for abatement, and a denial for 2000. Commissioner Vaad moved to approve in part, as stated by Mr. Sampson. The motion, which was seconded by Commissioner Masden, carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TOWN OF EATON: Mr. Sampson, Assessor's Representative, stated staff was not aware the Town of Eaton had acquired this property, therefore, he is recommending approval. Commissioner Geile moved to approve said Petition for Abatement or Refund of Taxes. The motion, which was seconded by Commissioner Masden, carried unanimously. CONSIDER DUST BLOWING COMPLAINT- RICHARD AND SHARON STEWART: Bruce Barker, County Attorney, stated on or about March 13th, a complaint was received by Phil Brewer, Department of Public Health and Environment, upon which he investigated the property and found it to be free of vegetation, with dust blowing in large amounts onto neighboring properties. Mr. Brewer also stated concerns about the amount of dust blowing onto a nearby elementary school and possible effect on the health and safety of the children. Mr. Barker also stated someone named Jennifer, from the Town of Keenesburg, called and said they had received several letters of complaint and they also had concerns. All of the complaints are regarding dust which was blowing from property owned by Richard and Sharon Stewart. Mr. Barker further stated he contacted Norm Wells, Brighton Soil Conservation Minutes, March 24, 2003 2003-0732 Page 2 BC0016 District, on March 14, 2003. Mr. Wells was present and presented a letter, marked Exhibit A, responding to Mr. Barker's call. Mr. Barker stated the Board needs to make a Finding of Fact on five items and if they can Find the property is in need of remedial work they can order it be done by a certain date. If not completed by that date, the Board can contract to have the work completed with the bill being sent to the landowner. Mr. Wells stated he found the field that is blowing contains approximately 30 or 40 acres, it has apparently been irrigated in the past, it appears to be seriously overgrazed during the past couple of years, and now supports a number of prairie dogs. He noted a considerable amount of soil had blown off the field onto Cedar and Pine Streets, and soil had been deposited in the front yards of residences, as well as into a garage (the door was open when he went past). He noted considerable deposition around the houses, in the landscaping, trees, and shrubs. He also noted several prairie dogs in the front yards of the residences, since there is no vegetation left on the field, the prairie dogs are apparently moving in search of food. Mr. Wells stated in the short term, ripping or chiseling are the most viable options to control the blowing, although a snow fence could also be installed perpendicular to the wind direction. In the long term, reseeding to permanent vegetation or the growing of a crop will be required. Responding to Commissioner Vaad, Mr. Wells stated an emergency exists because of the effects of the deposition of soil being blown and deposited on lawns and around shrubbery. He also stated there is an individual living nearby who is currently on oxygen, who is having a hard time because of the amount of dust blowing in the area. Commissioner Masden stated he has received a number of phone calls, therefore, he went and looked at the situation, finding that quite a bit was blowing into the streets, with some going into houses, all of which is creating health hazards. No public testimony was given regarding this matter. Mr. Barker stated statute does not require the landowners to be present before action is taken, and the County does not have to prove they were notified. He also pointed out the Town of Keenesburg had been in contact with the landowners, although nothing has been done. Commissioner Vaad stated he would like to require them to meet with the Soil Conservation Service and work out a plan for the abatement of the blowing dust, and if they can show evidence that they have done that, this matter would not have to be continued. Commissioner Vaad moved to continue to March 31, 2003, at 9:00 a.m., and the motion was seconded by Commissioner Geile. Commissioner Masden stated he would like to have Mr. Wells try to get in touch with the landowner as soon as possible to begin working with them right away, instead of waiting. Mr. Wells concurred and the motion carried unanimously. CONSIDER AGREEMENT FOR PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NONURBANIZED AREAS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this is a requirement fo the Colorado Department of Transportation for the continuation of the 5311 Grant funding. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WCR 39, AND TEMPORARY CONSTRUCTION EASEMENT, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TED AND JIM OSTER: Drew Scheltinga, Department of Public Works, stated this is for right-of-way and a temporary construction easement for the project at the intersection of Weld County Roads 39 and 40. He stated the agreement covers 0.32 acres of right-of-way and the adjacent ten feet for a construction easement, for a total of$1,150. Mr. Scheltinga stated there are no other aspects to this agreement. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. CHANGE ORDER LETTER #1 TO CONTRACT FOR 2002-2003 COMMUNITY CORRECTIONS BUDGET AND AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board, stated this is in response to the State's eight percent budget cut, and it reduces the contract by that amount. Responding to Mr. Warden, Ms. Zuber stated this is not a cut in the program, rather it is a cut in the per Minutes, March 24, 2003 2003-0732 Page 3 BC0016 diem amount. Commissioner Geile moved to approve said change order letter and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT #828 FOR A KENNEL (64 ADULT DOGS AND 120 PUPPIES) IN THE A (AGRICULTURAL) ZONE DISTRICT - JUDY OAKLEY: Chris Gathman, Department of Planning Services, stated this also includes VI #9900355, and is located in the northeast quarter of Section 30, Township 2 North, Range 66 West. Mr. Gathman stated on February 26, 2003, he received a complaint regarding the number of dogs and related health issues. Because of a pending violation (#9900355), he stated Bethany Salzman had been working with applicant and staff has determined Ms. Oakley currently has a contract with a real estate agent in an attempt to sell the property, effective until August 25, 2003. Mr. Gathman stated that, because additional complaints were received, staff felt the Probable Cause should be brought to the Board. He stated Ms. Oakley has not agreed to inspection by staff because she is concerned about the health of her dogs, although new information indicates Scott Leech, of the Colorado Department of Public Health and Environment, performed a field inspection and found no concerns at the site. Mr. Gathman stated staff is requesting a 30-day continuance with the stipulation that staff be allowed to do a field inspection to verify all problems have been resolved. Responding to Commissioner Vaad, Mr. Gathman stated the issue is that typically before any violation case is closed a field inspection is done in order to provide first hand verification that the problems have been resolved. Judy Oakley, property owner, submitted copies of reports from the Colorado Department of Agriculture, dated February 26, 2003, and March 21, 2003, a copy of the sales advertisement, a letter from Kevin and Becky Parker, next door neighbors, and a letter from Millissa Culver, Culver Veterinary Hospital, marked Exhibits A through E, respectively. She stated the State inspection indicates no problems exist, and the vet who inspects her facility annually is the one who said not to let people onto the property. Ms. Oakley said the State inspection was in response to a complaint, which was deemed invalid, and she has submitted a water sample to the Health Department, although she has not yet received the results. She stated she spends between $4,000 - $8,000 per year on medicine and $500 - $600 per month on food. Responding to Commissioner Vaad, Mr. Gathman stated staff would like to verify that the number of dogs does not exceed 64 adult and 120 puppies, which are permitted, and that the standard requiring quarterly samples of water to be submitted to the Weld County Department of Public Health and Environment is satisfied. He also stated that Development Standard #17 requires staff from the Departments of Planning Services and Public Health and Environment to be granted access onto property to ensure activities comply. Responding to Chair Long, Ms. Oakley explained the procedure followed by the State inspector, and stated he has the authority to shut her down if there are problems. No public testimony was presented. Commissioner Geile stated according to the report from the Colorado Department of Agriculture, Ms. Oakley is in compliance, therefore, he moved to dismiss the Probable Cause. The motion was seconded by Commissioner Vaad. Mr. Barker stated there is still the concern about water samples being submitted, and Ms. Oakley presented verification the sample has been submitted, marked Exhibit F. 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, March 24, 2003 2003-0732 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:55 a.m. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: Lu4 & avid E. L��p\\nag, Ch r Weld County Clerk to the Board F "")', �� ` U I Robert D. sden, Pro-Tem BY: i tt.k Deputy Clerk to the = `aft: EXCUSED William H. Jerke actaVaad Minutes, March 24, 2003 2003-0732 Page 5 BC0016 Hello