HomeMy WebLinkAbout20033493.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 29, 2003
TAPE #2003-51
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, December 29, 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- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of December 24, 2003, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,DISTRICT ATTORNEY'S OFFICE-REBECCA BRUNSWIG: Chair Pro-
Tem Masden presented Rebecca Brunswig a retirement pin and certificate recognizing herfor 20 years of
service.
PUBLIC INPUT: There was no public input.
2003-3493
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $35,515.02
Electronic Transfers -All Funds $2,530,889.24
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER RESOLUTION RE: REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT(CON'T FROM 12/22/03):
Trevor Jiricek,Department of Public Health and Environment,explained the changes being requested for
fees in 2004. Commissioner Jerke stated he did not have a comparison available on December 22,2003,
and he requested the comparison to show where increases were made. Responding to Commissioner
Jerke, Mr. Jiricek indicated the fees that are set by the Colorado Department of Public Health and
Environment,over which Weld County has no discretion. Responding to Mr.Warden, Mr.Jiricek stated a
cost study is completed each year during the budget process, to determine which fees should be raised.
He commented that the septic permit fees have been allowed to increase since a 1999 bill was passed
allowing for full cost recovery of septic fees. He said they have incrementally increased each year since
1999,following cost studies each year. Mr.Jiricek also stated he compared the fees to other counties,and
found that relevant since Weld County's fees are lower, showing staff has been more efficient than other
counties. Mr. Jiricek stated those fees listed under medical/environmental are basically new fees which
were established statewide and will not likely be used,and water testing fees are set to offer a reasonable
rate which remains locally competitive. Responding to Commissioner Jerke, Mr.Jiricek stated only one or
two cistern usage permits are issued each year;therefore,the percentage of increase is higher. He stated
it is based on cost recovery, with a significant amount of time spent working with each applicant.
Responding further to Commissioner Jerke, Mr. Jiricek stated the septic permit fee has increased due to
a decreasing number of permits being processed. After further discussion, Commissioner Jerke moved
to amend the motion to set the I.S.D.S. Permit fee at $375, leaving the remainder of fees as presented;
however, there was no second to the motion. Commissioner Geile stated staff has had to juggle many
resources,with increased demand being placed on those resources, and they have been making it work.
He stated he appreciates the comparison with other counties. Responding to Mr.Warden,Mr.Jiricek stated
the department will not fully recover costs at $375. Commissioner Vaad moved to approve the draft
resolution as proposed. The motion,which was seconded by Commissioner Geile, carried unanimously;
however,Commissioner Jerke stated his dissatisfaction with the septic permit,since it does hit people hard
when they are trying to build homes and improve their lives.
NEW BUSINESS:
CONSIDER LETTER OF AGREEMENT ON CHARITABLE PROJECT FUNDING: HOLIDAY SUPPORT,
GRANDPARENT INFORMATION CENTER AND AUTHORIZE CHAIR TO SIGN - AARP: Eva Jewell,
Department of Human Services, stated this is a $2,000 award to focus on grandparents raising
grandchildren. Responding to Commissioner Geile, she stated there are 1,300 households with the
grandparent being the primary supporter for their grandchildren. Commissioner Geile moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WCR 94 BETWEEN WCRS 29 AND 31 SUBJECT
TO DEDICATED AND RECORDED EASEMENTS AND RIGHTS-OF-WAY: Don Carroll, Department of
Public Works, stated a petition was received requesting the vacation of right-of-way on Weld County
Minutes, December 29, 2003 2003-3493
Page 2 BC0016
Road 94 between Weld County Roads 29 and 31,at which location there is currently no road in existence.
He stated the petition was appropriately circulated; however, staff recommends denial because of
numerous parcel splits in the nearby area demonstrating the possibility of further splits which may occur.
He stated Section 9 contains multiple 40 and 80 acre tracts, and if those were split further, it could create
a landlocked parcel without direct public access. He further stated approval of this request would remove
the east/west connection on Weld County Road 94. Responding to Commissioner Vaad regarding the
responsibility of an applicant to assure access is available,Mr.Carroll stated when a case is received,staff
does ensure access is present, and if not, a Nonexclusive License Agreement would be utilized.
Commissioner Vaad stated the burden would be on the future applicant to assure there is no access, not
on the County; therefore, a landlocked parcel would not be created. Mr. Barker stated an applicant for a
building permit must prove he has adequate access; therefore a split could be denied by the Board of
County Commissioners on the grounds that adequate access does not exist and a building permit could
not be issued. Lee Tedesco,whose property is the NW 1/4 of Section 16,stated he and his neighbors feel
there is no need for Weld County Road 94 at this location. He said all the adjacent landowners are
petitioners and each one is present. Sharon Scheller, whose property is the east portion of Section 16,
stated access is available off Weld County Road 85 onto Weld County Road 31, which could be more
appropriately developed than Weld County Road 94. Responding to Commissioner Geile,Crystal Dirkes,
stated her property is the SW portion of Section 9,and the main concern is the traffic that would be traveling
along the road if it were to be developed. She stated there is enough traffic on the other roads in the area,
and this one is not necessary. Ruby Scheller, who is on the east side at the end of the portion of road
proposed for vacation,stated the road stopped where it is because that was where the house was located
when the school bus was stopping by and there has never been a need for it to go through. She stated
there is always someone trying to drive through, even though it is gated, and she does not want the road
opened. After further discussion, Commissioner Geile moved to accept the petition to vacate a portion of
Weld County Road 94 between Weld County Roads 29 and 31. The motion was seconded by
Commissioner Jerke,who stated all the owners are in support;therefore,it is not up to the Board to oppose
their desires. Commissioner Vaad stated he agrees with Commissioner Jerke, however, his hesitation is
based on the expectations of subsequent owners,and whether future Boards will be placed in the position
of having to purchase right-of-way at some time. Commissioner Jerke stated if the future owners desire
a road,it would be appropriate for the Board of Commissioners to require the land be donated, rather than
having to purchase the right-of-way at that time. On a call for the vote, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO BOARD OF ADJUSTMENT: Commissioner
Geile moved to appoint Anita Owens and reappoint Larry Wilson, Syl Manlove, Mary O'Neal, and Randy
Peterson to the Board of Adjustment. The motion,which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER APPOINTMENTS TO ECONOMIC DEVELOPMENT ACTION PARTNERSHIP BOARD:
Commissioner Vaad moved to appoint Bruce White and Bradley Leafgren to the Economic Development
Action Partnership Board. The motion,which was seconded by Commissioner Jerke,carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:
Commissioner Geile moved to appoint Mary Freitag and to reappoint Dennis Trego, Dale McCall, Nancy
Fox, Ron Wildeman,and Marilynn Liddell to the Workforce Development Board. The motion,which was
seconded by Commissioner Jerke, carried unanimously.
CONSIDER REAPPOINTMENT TO WELD/LARIMER REVOLVING FUND LOAN COMMITTEE:
Commissioner Jerke moved to reappoint Thomas Baur to the Weld/Larimer Revolving Fund Loan
Committee. The motion, which was seconded by Commissioner Vaad, carried unanimously.
Minutes, December 29, 2003 2003-3493
Page 3 BC0016
CONSIDER REAPPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Jerke moved to reappoint Rabun Moss and Jerry Ward to the Regional Communications
Advisory Board. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER REAPPOINTMENTS TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner
Vaad moved to reappoint Mark Muse and Greg Thompson to the Uniform Building Code Board of Appeals.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RENEWAL OF INVESTMENT ADVISORY AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN-MBIA MUNICIPAL INVESTORS SERVICE CORPORATION:Claud Hanes,Controller/Treasurer,
stated this is the continuance of an agreement signed in May,which has been utilized for approximately
eight months. He stated he has been very satisfied with performance over the life of the contract,and this
will extend the contract through December 31, 2004, with the option to renew for each successive year
through 2007. Commissioner Geile moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
PLANNING NEW BUSINESS:
CONSIDER REQUEST FROM CORNISH PLAINS LIVESTOCK, LLLP, TO PREADVERTISE SITE
SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#227: Michelle
Katyryniuk, Department of Planning Services,stated the applicant requested preadvertisementforfinancial
reasons;since a party proposing to purchase the property is locked into a specific interest rate fora certain
term. Staff recommended denial, stating the reason given is not adequate. Claire Orr, representing the
applicant, Dr. Gordon Brown, stated the reason is primarily financial; however, the feedlot has been in
existence for over 30 years, and they do not expect any concerns from neighbors. Mr. Orr stated the
applicant is not adding onto the feedlot,and it will continue to run as it is currently; however,the amendment
to the permit is for the purpose of decreasing the size of the acreage. Dr. Brown stated he has lived in the
area since he was born, although he has owned this property since 1972. Mr. Orr stated the proposed
purchaser has a locked in rate of interest, and he is concerned that this be completed while his rate is
locked in. Responding to CommissionerJerke,Ms. Katyryniuk stated staff recommended denial because
adequate justification was not presented. Responding to Commissioner Vaad,Mr. Barker stated the Weld
County Code states sufficient reason should be given;however,it does not list specific reasons for approval
or denial. Commissioner Jerke stated every request based on time carries a reason that is financial,and
he moved to approve the request from Cornish Plains Livestock,LLLP,for pre-advertisement of Amended
Use by Special Review Permit#227,and set the hearing for February 11,2004,at 10:00 a.m. The motion,
which was seconded by Commissioner Geile, carried unanimously.
CONSIDER RECORDED EXEMPTION #3701 - THOMAS HOLTON: Sheri Lockman, Department of
Planning Services,stated this case is being considered by the Board because Thomas Holton,applicant,
has requested variance from the ten-year rule for Recorded Exemptions. Ms. Lockman explained that on
November 24,2004,the applicant applied for a Recorded Exemption to subdivide the property; however,
the Certificate of Conveyance that was included with the application indicated that a five-acre parcel was
illegally subdivided from the parcel in 1975 by the previous owner. Mr. Holton did complete a Recorded
Exemption on September 10, 2003,to correct the illegal land split; however, he is now within the ten year
time frame for Recorded Exemptions;therefore, staff is recommending denial. Mr. Barker reiterated the
only reason Mr.Holton did the previous Recorded Exemption was to correct the illegal land split. Mr. Holton
stated he was just trying to clean it up and he did not know the property was illegal when he purchased it.
He stated he does not want to be penalized because he has spent time and money to make the first split
legal. There was no public testimony given. Commissioner Jerke moved to approve Recorded
Exemption#3701 for Thomas Holton with Conditions of Approval as presented. The motion, which was
seconded by Commissioner Geile, carried unanimously.
Minutes, December 29, 2003 2003-3493
Page 4 BC0016
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PLANNING OLD BUSINESS:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1262
FOR AN AGRICULTURAL SERVICE ESTABLISHMENT FORA LIVESTOCK CONFINEMENT OPERATION
(DAIRY)AND ANIMAL FEEDING OPERATION FOR 800 HEAD OF CATTLE IN THE A(AGRICULTURAL)
ZONE DISTRICT-JAMES AND KRISTIE DOCHEFF,DIAMOND D DAIRY(CON'T FROM 06/30/03):Cindi
Etcheverry, Department of Public Health and Environment,stated staff recommends the Probable Cause
Hearing be vacated,since the facility has satisfactorily addressed the conditions that were required during
the June 30,2003, Probable Cause Hearing. She stated a newly constructed retention structure complies
with the Confined Animal Feeding Operations Control Regulations(CAFO),and runoff was directed from
corrals and compost areas into the retention structure. Ms. Etcheverry also stated the Manure and Waste
Water Management Plan was revised,and,in consultation with the Colorado Department of Public Health
and Environment, Water Quality Control Division,the facility has satisfactorily addressed all items in the
May 22, 2003, compliance advisory. Responding to Commissioner Geile, Ms. Etcheverry stated the
operation is approximately 700 animal units, and therefore falls below CAFO regulations. Jim Docheff,
respondent, stated he currently has less than 600 head of cattle at the facility;and the new retention pond
and other changes do meet CAFO requirements, even though he is not required to do so. No public
testimony was given. Commissioner Vaad moved to dismiss the Probable Cause. The motion,which was
seconded by Commissioner Jerke, 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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 44 ?„ EXCUSED
a D id E. Long, Chair
Weld County Clerk to the B•
4 Robert . asden, Pro-Tem
BY:
Deputy Clerk to the 7•i.( � ,� /G� id
M. J. Geile
William H. Jerk
Glenn Vaad
Minutes, December 29, 2003 2003-3493
Page 5 BC0016
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