HomeMy WebLinkAbout20012758.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 1, 2001
TAPE#2001-39
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, October 1, 2001, 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- EXCUSED
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 26, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on September 26, 2001, as follows: 1)A Site Specific Development Plan and Use by Special
Review Permit#1345, Kaye Montera and Seth Ward, do Bob Mechels, Vaught Frye Architects; and 2)
A Site Specific Development Plan and Use by Special Review Permit#1349, Robert and Diane Tateyama;
and 3) Change of Zone #557 from the A (Agricultural) Zone District to the PUD (Planned Unit
Development) Zone District, Colorado Elk Ranch, LLLP, do Mikal Torgerson Architects, PC.
Commissioner Jerke seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-2758
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $768,354.51
Electronic Transfers -All Funds $919,885.37
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT FOR IN-HOME SERVICES
AND AUTHORIZE THE CHAIR TO SIGN-RVNA HOME HEALTH CARE, INC.: Walt Speckman, Director
of Human Services, stated this is an expansion to provide more senior services,which will help keep them
out of assisted living situations. Commissioner Long moved to approve said amendment and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER VALE GRANT APPLICATION FOR VICTIM/WITNESS PROGRAM: Gary Rathke, District
Attorney's Office, stated this is an annual application to the VALE Board and the Crime Victim
Compensation Board, requesting funding in the amount of $138,864.00. In response to Commissioner
Masden, Mr. Rathke stated the funds are collected from defendants in penalty assessments at the District
and County court level; these are not received from tax sources. Commissioner Long moved to approve
said application. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2001: Mr.Warden
stated this and the following item are similar. He stated Grazing Fees are received from Federal funds,
and PILT funds are received for the Pawnee National Grasslands. He explained State statute requires the
County to share five percent of the funds with schools for road improvements; however, they actually
received fifty percent from each of the funds. Mr. Warden stated the allocations are based on acreage in
each school district, the Bankhead-Jones amount is less than last year, and the County also deducts one
percent to cover CCI dues. Commissioner Jerke moved to approve said Resolution. Commissioner Long
seconded the motion. In response to Commissioner Vaad, Mr. Warden stated the school districts do not
receive much notification of an increase or decrease of funding because the County only received the
information last week and the money will come the last week of the fiscal year. In response to
Commissioner Masden, Mr. Warden stated the reduction is based on a cut back on grazing fees. There
being no further discussion, the motion carried unanimously.
CONSIDER RESOLUTION RE: DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2001:
Mr. Warden stated PILT funds will be received in the amount of$104,197.00, which will result in a slight
increase to the school districts. Commissioner Long moved to approve said Resolution. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER ADOPTION OF POLICY AND PROCEDURE GUIDE FOR WORKSTATION REMOTE
CONTROL POLICY: Mr. Warden stated this policy will allow the Information Services to remotely access
employee terminals for maintenance and repairs. He stated there was some initial concern with
maintaining privacy in cases where the employee is working on documents regarding sensitive issues.
He explained the system will flash a notice and notify the user and allow them time to close any documents
or respond with instructions not to take down the system. Mr. Warden stated the system will allow more
efficient maintenance and repairs,while still protecting the privacy of the users. He further stated the Weld
County Information Services Governance Board feels this policy addresses the concerns of the Criminal
Justice system, Health Department, and other departments which generate sensitive documents and
Minutes, October 1, 2001 2001-2758
Page 2 BC0016
records. In response to Commissioner Vaad, Mr. Warden stated a review of the process and system will
be conducted in 90 days,with a report provided to the Board. Commissioner Masden moved to adopt said
Policy and Procedure. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER WELD COUNTY PLAN AND REPORT ON EMERGENCY MEDICAL SERVICES: Mr.Warden
stated each year the County is required to put a plan together to report on emergency medical services.
He stated the EMS Council reviews the plan and it requires approval by the Board. He further stated there
is an allocation from the State for emergency medical services in the amount of$15,092.33. He stated
the EMS Council recommends the funds be used to finance a portion of the EMS Coordinator position held
by Barb Foster. He stated she is an employee of Aims Community College, and there are various other
entities who also contribute toward her salary. Mr. Warden stated this will report on the status of various
emergency medical services in the County. In response to Commissioner Vaad, Mr. Warden stated the
EMS Council has already reviewed this matter. Commissioner Masden moved to approve said plan and
report. Commissioner Jerke seconded the motion, which carried unanimously.
PLANNING:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ROGGEN DISPOSAL FOR VIOLATION OF HEALTH REGULATIONS(CON'T FROM
06/04/01): Charlotte Davis, Department of Public Health and Environment, stated staff recommends this
matter be continued to March 5, 2002, based on progress that is being made toward the closure of this
facility. She stated this will allow them additional time to complete closure procedures. Ms. Davis stated
the property owner is making progress, they have completed the cleaning of contaminated soils, and the
sludge has been disposed of at an approved facility and staff is waiting on the test results. Lee Morrison,
Assistant County Attorney, stated this is a Class II oil field waste disposal facility which relied on
evaporative ponds rather than injection wells which resulted in contamination problems. He stated this
facility did not operate very long before the problems were identified, and the operator is now working to
clean the site. He further stated this facility served as an example and this type of disposal will no longer
be proposed or approved. Commissioner Masden moved to continue this matter to March 5,2002, at 9:00
a.m. to allow the property owner additional time to continue cleaning the site and completing closure
procedures. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST SELECT MATERIALS, C/O ROBERT OMAN FOR VIOLATION OF THE WELD
COUNTY CODE: Bethany Salzman, Department of Planning Services, gave a brief description of the
location of the site, which is 39 acres. She reviewed the case summary and stated Special Use Permit
#460 was approved for this site; however, it does not allow for composting or other materials which she
found on the site. She stated a complaint received by a surrounding property owner initiated this violation
and there is evidence that the existing operation has resulted in increased traffic. Ms. Salzman
recommended the case be forwarded to the County Attorney's Office, with instruction to delay action for
60 days, which will allow the property owner adequate time to complete and submit an application to the
Department of Planning Services to address the new use. Commissioner Masden stated he met with the
property owner last Friday and he did not see any composting activities on the property. He reported the
site to be neat and orderly, with piles of various materials which are mixed with dirt for landscaping
materials.
Todd Hodges, Todd Hodges Design, LLC, represented the property owner and stated the property was
purchased with the understanding that the proposed uses would be consistent with the existing permit.
He stated the violation was discovered when Mr. Omen applied for a building permit. Mr. Hodges stated
there is no onsite composting. The property owner does mix various materials used for landscaping
products. He further stated the application is almost complete,and the property owner has met with Mitch
Martin, surrounding property owner, to discuss his concerns. He stated delaying action on this matter
Minutes, October 1, 2001 2001-2758
Page 3 BC0016
should allow sufficient time to complete the application materials and clear the violation. Mr. Hodges stated
the property owner has improved Weld County Road 12, and applied dust control chemicals due to the
additional truck traffic. He stated the current use generates less traffic than other surrounding uses and
he feels the use is consistent with uses allowed in the Agricultural Zone District. He requested the property
owner be allowed to continue operations during the review process. Ms. Salzman displayed a video of the
site, which was taken last week. In response to Commissioner Masden, Mr. Hodges reiterated there will
be no composting at this site,the owner blends or mixes the completed materials for landscaping products,
and also has wood chips and rock.
Mitch Martin,surrounding property owner,stated he is more concerned with the additional traffic than with
the composting operation. Mr. Martin stated Weld County Road 35 is the only access into the Buffalo
Ridge Subdivision, which has 52 homes and school buses for the children. He stated there is already a
composting facility across the road,which has remained in compliance. He gave a brief description of the
surrounding industrial/commercial uses which generate a lot of truck traffic,and this additional use should
not be allowed. Mr. Martin stated Highway 52 is not adequately designed to handle an additional 100
trucks per day, and the operation needs to be screened. Commissioner Vaad commented these
comments may be more appropriate to propose in the Use by Special Review hearing. Mr. Martin stated
this site is in violation and should not be allowed to continue operating until they have the appropriate
permits. In response to Commissioner Vaad, Ms. Salzman stated 60 days should be a sufficient amount
of time for the property owner to submit an application for a Use by Special Review Permit.
In response to Commissioner Long, Robert Omen, property owner, stated he purchased the property in
July 2000. (Switched to Tape#2001-40.) In response to Commissioner Vaad, Ms. Salzman stated she
received complaints from a surrounding property owner on a couple of occasions.
Commissioner Jerke moved to refer this matter to the County Attorney, with a delay in action for 60 days.
Commissioner Masden seconded the motion, which carried unanimously.
(Clerk's Note: Commissioner Jerke excused from the remainder of the Board meeting.)
SECOND READING OF CODE ORDINANCE#2001-6, IN THE MATTER OF ENACTING CHAPTER 21,
AREAS OF ACTIVITIES OF STATE INTEREST (§ 1041 REGULATIONS), OF THE WELD COUNTY
CODE: Mr. Barker stated the changes discussed during the Board's work session have been incorporated
into this document, with exception to input from Rich Thompson, Excel Energy, who indicated he would
not be able to provide comment until later in the week. Mr. Barker stated the issues regarding balancing
the intent and separating linear facilities have not yet been addressed. Commissioner Long moved to read
Ordinance #2001-6 by title only. Commissioner Masden seconded the motion. Bruce Barker, County
Attorney,read said title for the record. He reviewed the changes for the record and explained as proposed,
the Director of Planning Services could be authorized request input from a consultant at the pre-application
stage of the process if the County does not have qualified staff to review the case elements. Additional
changes including language to indicate the cost, plus a fixed fee,for a consultant will be the responsibility
of the applicant. Also, the terms of the consultation may be reviewed by the Board at the applicant's
request. Mr. Barker stated language has been added to allow the waiver of certain building materials,and
require the Department of Planning Services to set a Planning Commission hearing,which must take place
not more than 30 days after the complete application has been submitted. A paragraph has been added
regarding the posting requirements. Commissioner Vaad commented the proposed language may not
meet the intent of what was desired by the Board since the County's legal paper is not received throughout
the County. Commissioner Masden concurred and stated notice of this type of application may need to
be published in a larger publication. Mr. Barker suggested making the word "newspaper" plural to allow
the Board flexibility in choosing more than one paper in Weld County if necessary. Commissioner Masden
stated the selection of an additional newspaper will depend on what region is affected by the proposal.
Minutes, October 1, 2001 2001-2758
Page 4 BC0016
Mr. Morrison stated Section 21-2-260.8.5 already allows designation of a second publication at the
direction of the Board. In response to Commissioner Long, Mr. Morrison stated that although failure to
publish a notice does not create a jurisdictional defect in the process, that does not imply that the
publication can be ignored. Mr. Barker concurred and stated the language should be left as initially
proposed. Mr. Barker stated the change on Page 19 ensures there are sufficient guarantees and allows
more flexibility, and an asterisk was added to Page 22 for clarification. Mr. Barker stated the definitions
of"Appurtenant facilities"and "Major facilities of a public utility" have been amended at the suggestion of
Planning Services and outside agencies. He further stated minor changes were made on pages 25 and
26 to keep the text consistent with the title. Mr. Morrison stated it needs to be understood that part of the
review process is to look at alternatives, and selecting a site should not mean that other sites will not be
considered by the board. Mr. Morrison further stated the site is selected by the applicant, and they need
to show that other sites were eliminated to the Board's satisfaction. Mr. Barker stated language has been
added to clarify that the merits of the substance of the application are preliminary,and allows for comments
as to what needs to be submitted. He further stated a map will also be accepted as part of the submittal
packet, and the changes made on Page 32 move language to a more appropriate place or delete
redundant language. Mr. Barker stated the word "reasonable" has been added to Section 21-3-330.B.10
at the request of an outside agency, Section 21-3-330.C.2.d has been amended to remain consistent with
current air quality standards and review procedures, Section 21-3-330.C.3.b now addresses what the
public sources for capital investment will be, Section 21-3-330.C.5.a pertains to overhead transmission
lines only, and Section 21-3-340.A has additional language to allow the Board to waive findings of other
governmental entities. In response to Commissioner Vaad, Mr. Barker stated an outside agency
suggested the restriction to overhead lines, and he is not sure whether it applies to buried lines.
John Beyer,Tri-State Generation Transmission,stated they are still preparing written comments regarding
this matter; however, he anticipates they will propose similar comments to those already received from
other agencies. In response to Mr. Beyer, Commissioner Vaad commented the selection of additional
newspapers is not intended to delay the process and would be determined once the site selection has been
narrowed down by the applicant. He further stated the duty of selecting the additional newspaper could
be delegated to staff. Commissioner Masden reiterated an additional newspaper would be used to better
notify the general area where a project is proposed. Mr. Beyer expressed concern with additional
requirements included under this Ordinance. He encouraged the Board to consider reducing the amount
of submittal requirements. Commissioner Vaad suggested Mr. Beyer work with staff to ensure duplications
are not created. Mr. Buyer stated much of the information now being requested is very technical and would
not likely make sense to members of the Planning Commission or Board of Commissioners.
Commissioner Vaad stated the laypeople are interested in the location, substation, and lines in question.
Mr. Beyer stated the additional information seems to be excessive; however, he has no objection to
providing relevant information of interest to the laypeople. Mr. Barker stated Section 21-2-230 is written
to allow flexibility on a case-by-case basis, and items can be waived as determined by the planner. He
further stated the difference between overhead and underground transmission lines needs to be reviewed.
Commissioners Vaad and Long concurred and suggested the word "overhead" be removed from
Section 21-3-230.A so the language applies to all transmission lines. There being no further comments,
Commissioner Vaad closed public testimony. Mr. Barker stated there may still be a few more changes and
he recommended this matter be continued to Monday, October 8, 2001, to finalize all of the changes prior
to proceeding to the final reading.
Commissioner Long moved to continue second reading of Code Ordinance#2001-6 to Monday,October 8,
2001, at 9:00 a.m. Commissioner Masden seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Minutes, October 1, 2001 2001-2758
Page 5 BC0016
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 COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LAW i
' min N, EXCUSED
M. J. Geile, Chair
Weld County Clerk to the ra
'"rot" /`
�I EXCUSED DATE OF APPROVAL
1l#' �. Glenn Vaad, Pro-Tem
Deputy Clerk to the BoaltZ U y cl I ' It ' 1v kof
1' Will' H. Jerke
vid E. Long
J
Robert . Masden
Minutes, October 1, 2001 2001-2758
Page 6 BC0016
Hello