HomeMy WebLinkAbout20141805.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 16, 2014
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
Administration Building, Greeley, Colorado, June 16, 2014, at the hour of 9:00 a.m.
e 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
▪ MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 11, 2014, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
▪ AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
El 1) GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), DISTINGUISHED BUDGET
PRESENTATION AWARD - DON WARDEN, DIRECTOR OF BUDGET AND MANAGEMENT
ANALYSIS: Chair Rademacher read the certificate from the Government Finance Officers Association
into the record recognizing Don Warden as a recipient of the Distinguished Budget Presentation Award.
The Board commended Mr. Warden on his achievement and thanked him for his financial expertise.
Mr. Warden also thanked the various departments for their contributions to the process.
• PUBLIC INPUT: Jay McDonald, Director of the Department of Public Works, recognized
Elizabeth Relford for her efforts in compiling and submitting a Community Development Block Grant
and following through on the Espanola Subdivision Improvement Project to bring it to completion. The
Board expressed their appreciation for all of Ms. Relford's hard work. Ms. Relford thanked the Board
for their support of the community and the employees involved.
Minutes, June 16, 2014 2014-1805
Page 1 BC0016
BIDS:
In 1) APPROVE BID #61400058, WIDE FORMAT COPIER/SCANNER/PRINTER - DEPARTMENT
OF INFORMATION TECHNOLOGY FOR THE CLERK AND RECORDER'S OFFICE: Ryan Rose,
Director of Department of Information Technology, referenced the 11 bids received and stated staff
recommends approval of the bid from United Reprographic Supply, in the amount of $12,995.00.
Commissioner Conway moved to approve said bid as recommended by staff. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
��-- 2) APPROVE BID #B1400085, WCR 49/SH 34 INTERSECTION IMPROVEMENTS -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated six vendors
submitted bids and staff recommends approval of the low bid from Lawson Construction Company, in
the amount of $2,237,272.33. In response to Commissioner Conway, Michael Bedell, Department of
Public Works, indicated the County has not previously worked with Lawson Construction Company;
however, they are a reputable company and staff recommends approval. He also noted that
construction is scheduled to commence in two weeks and should be completed in mid-October.
Commissioner Kirkmeyer moved to approve said bid, as recommended by staff. Seconded by
Commissioner Conway, the motion carried unanimously.
El 3) PRESENT BID #B1400113, WCR 49/CORRIDOR PHASE I - RIGHT-OF-WAY ACQUISITION
- DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff received three bids and will make a
recommendation on June 30, 2014.
NEW BUSINESS:
1) CONSIDER CONTINUATION CONTRACT FOR NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and
Environment, reviewed the terms of the contract, as detailed in the Memorandum dated June 12, 2014.
Commissioner Conway expressed his support of this valuable program and moved to approve said
contract and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
la 2) CONSIDER TASK ORDER AMENDMENT #2 FOR PUBLIC HEALTH EMERGENCY
PREPAREDNESS AND RESPONSE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace
gave a brief summary of the amendment provisions. Commissioner Garcia moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
la 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — WALGREEN
COMPANY: Christopher Woodruff, Assessor, reviewed the historical uses of the property, valuation
analysis and staffs recommendation for approval, in part, for an abatement refund in the amount of
$20,254.10. Brenda Fearn, Sterling Property Tax Specialists, Inc., referenced supplemental
documentation which had been previously submitted and reviewed the petitioner's argument for a
revised valuation. In response to Commissioner Garcia, Ms. Fearn indicated there is a dental office in
25% of the building, and the remainder of the space will require substantial updates and improvements.
Noel Lawrence, Assessor's Office, further described the property and, based on the supplemental
information, clarified the vacancy percentage. Ms. Fearn referenced the Excess Vacancy Discounting
Summary and asserted there should be a further reduction in the value. Commissioner Conway moved
to continue the matter to Wednesday, June 18, 2014, at 9:00 a.m., with the option for Ms. Fearn to
teleconference, if necessary. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
Minutes, June 16, 2014 2014-1805
Page 2 BC0016
El 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WESTLAKE
VILLAGE I AND II, LLC: Mr. Woodruff reviewed the status of the property, and, based on a review of
the income and market valuation, staff recommends approval, in part, for a refund in the amount of
$13,479.59 for 2011, and $13,516.19 for 2012. In response to Commissioner Garcia, Mr. Woodruff
stated the petitioner did submit some data, but not enough to fully support their request. Commissioner
Garcia moved to approve said petition, in part, as recommended by staff. The motion was seconded by
Commissioner Conway, and it carried unanimously.
Fl 5) CONSIDER CHANGE ORDER #3 FOR WELD COUNTY PARKWAY DESIGN SERVICES
(BID #81200045) AND AUTHORIZE CHAIR TO SIGN -ATKINS NORTH AMERICA, INC.: Mr. Bedell
reviewed the additional design provisions of the Change Order, in the amount of $37,816.00. In
response to Commissioner Kirkmeyer, Mr. Bedell explained $9,190.00 will be designated for design
plans for the traffic signal and the remaining $27,810.00 is related to construction support services. At
the request of Commissioner Kirkmeyer, Mr. Bedell agreed to provide a copy of the original contract,
which only addressed a two-lane roadway, and he explained the provisions of the previous Change
Orders. Ms. Relford indicated this amount will be available if there is a need; however, the hope is to
avoid spending, if possible. Commissioner Garcia moved to approve said Change Order and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
El 6) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S23, T8N, R60W - PARCEL 3),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Esther Gesick, Clerk to the
Board, reviewed the new provisions of the small tract lease and recommended approval.
Commissioner Freeman moved to waive the bid procedure, approve said lease, and authorize the
Chair to sign. Commissioner Conway seconded the motion and it carried unanimously.
Fl 7) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S23, TSN, R60W - PARCEL 4),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Commissioner Conway
moved to waive the bid procedure, approve said lease, and authorize the Chair to sign. Commissioner
Freeman seconded the motion and it carried unanimously.
IR 8) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S22, T8N, R60W - PARCEL 5),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Commissioner Freeman
moved to waive the bid procedure, approve said lease, and authorize the Chair to sign. Commissioner
Garcia seconded the motion and it carried unanimously.
F 9) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S22, T8N, R60W - PARCEL 6),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Commissioner Garcia moved
to waive the bid procedure, approve said lease, and authorize the Chair to sign. Commissioner
Conway seconded the motion and it carried unanimously.
10) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S25, T8N, R60W - PARCEL 12),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Commissioner Freeman
moved to waive the bid procedure, approve said lease, and authorize the Chair to sign. Commissioner
Conway seconded the motion and it carried unanimously.
Minutes, June 16, 2014 2014-1805
Page 3 BC0016
e 11) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE (S25, T8N, R60W - PARCEL 13),
AND AUTHORIZE CHAIR TO SIGN - IRONHORSE RESOURCES, LLC: Commissioner Garcia moved
to waive the bid procedure, approve said lease, and authorize the Chair to sign. Commissioner
Conway seconded the motion and it carried unanimously.
El 12) FINAL READING OF CODE ORDINANCE #2014-2, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Commissioner Conway moved to read Code Ordinance #2014-2 by title only. Commissioner
Kirkmeyer seconded the motion, which carried unanimously. Bruce Barker, County Attorney read the
title for the record and explained the change to the small tract mineral leasing policy to reduce the
royalty rate to 18.5% and require a $1,200 minimum bonus. No public testimony was offered
concerning this matter. Commissioner Conway moved to approve Code Ordinance #2014-2 on final
reading. Commissioner Garcia seconded the motion and it carried unanimously.
PLANNING:
1) CONSIDER ZONING PERMIT FOR A HOME BUSINESS, ZPHB13-0005, FOR THE
TRANSPORTATION OF DOMESTIC SEPTIC SLUDGE - KENNETH AND JAMIE STARMAN:
e Tiffane Johnson, Department of Planning Services, provided a brief summary of the application
request, described the location of the site, and displayed an aerial map of the area. She also submitted
copies of additional correspondence from Judith Scott, Lynn Walter, and Cynthia Haugen (Exhibits Al
through A3), as well as the applicant's PowerPoint presentation (Exhibits A4). She referenced the
referral responses and criteria for review of this matter, because staff received letters of opposition from
more than thirty percent (30%) of the surrounding property owners. Ms. Johnson explained the
applicants have been operating a Class II Septic Hauling Business without the appropriate zoning
permit; however, upon notification, they submitted the subject application to bring the property into
compliance. She noted the need to obtain the proper building permits for the two storage tanks and
stated staff determined the use of three vehicles still meets the intent of the permit, since the traffic
count is still less than the allowed number of vehicle trips. She indicated staff did propose the option of
pursuing a USR permit; however, the applicants opted to pursue this process. Ms. Johnson further
described the applicant's operating plan, as detailed in the application materials. e She also cited
the various issues of concern expressed in letters of opposition, as well as statements of support. She
noted the Department of Public Health and Environment does not have any odor complaints on record
and staff advised the neighboring property owners to contact the County if they encounter problems in
the future. Ms. Johnson displayed photographs of the site and surrounding area. In response to
Commissioner Rademacher, Ms. Johnson clarified the applicants own both lots of the Recorded
Exemption, they bring septage to the tanks for temporary storage, and McDonald's Farm comes to the
facility to load the septage into trucks to be hauled to their facility for final disposal.
El Jennifer Petrik, Department of Planning Services/Engineering, reviewed the transportation access
and roadway classification. She stated staff has issued a small commercial access permit, which
allows 16 trips per day, and staging of vehicles is not allowed on the public roadway.
El Lauren Light, Department of Public Health and Environment, indicated the North Weld County
Water District provides water to the site and the property currently utilizes a septic system. She
described the regulations concerning septage haulers, as well as explaining the difference between
septage and biosolids. In researching the matter, Ms. Light contacted the Colorado Water Quality
Control Division, which indicated State regulations only pertain to treatment facilities; however, as a
Minutes, June 16, 2014 2014-1805
Page 4 BC0016
transfer facility, the site is subject to Section 7 regulations and requires an Operation Plan under the
jurisdiction of the County for enforcement. Regarding the storage tanks, Ms. Light stated they do not
meet the definition of a vault; however, they will be subject to the septage regulations, which she
reviewed for the record. She further explained the odor regulations are similar to, or higher than, the
biosolids regulations, therefore, she proposed the addition of a Condition stating: "Prior to the operation
of any storage of septage that meets the definition of a transfer facility, an Operations Plan, in
accordance with Section 7 of the Solid Waste Regulations, shall be submitted to, and approved by, the
Environmental Health Division of the Weld County Department of Public Health and Environment"
Vince Harris, Baseline Corporation, reviewed the PowerPoint presentation (Exhibit A4) for the
record, including a description of the existing Home Occupation, proposed realignment of the Recorded
Exemption parcel and location of structures and proposed underground storage tanks. He indicated a
USR process would allow for a more intensive operation; however, the applicants intend to relocate the
business should it need further expansion. He also stated the applicants are in agreement with the
proposed Conditions of Approval and are willing to accommodate the proposed Condition for an
operations plan, as suggested by the Health Department. He further stated the application does
comply with Sections 23-4-990.D.1 through D.8 of the Weld County Code. Mr. Harris requested the
opportunity to have a couple of tanker trucks to store the septage on the site while the new
underground tanks are installed (a period up to 30 days). He also clarified the new underground tanks
will be 25-30,000 gallon capacity storage, versus 16,000 as reflected in the application.
e In response to Commissioner Conway, Mr. Harris clarified the maximum truck trips will be four
trucks per day and he gave a brief explanation of the business operations. He stated McDonald Farms
comes to the site an average of one to two times per week, with an occasional increase depending on
demand.
El Sheri Gulley, surrounding property owner, submitted an aerial photo demonstrating the distance
from her home to the tanks, as well as a photograph of the tanks, marked Exhibits B and C. She
expressed concern with odor associated with the open topped tanks and asserted the septage should
be hauled directly to the McDonald disposal facility, versus temporarily stored on the subject site. In
response to Commissioner Conway, Ms. Gulley stated she has lived on her property for ten years,
although the tanks have not been there the whole time.
e Ron Farmer, surrounding property owner, expressed concern with seepage potentially affecting
ground water, the health of his livestock, and potential growth in the future.
• Shelly Casper stated she rents the nearby Starman property and asserted the odor is comparable
to other agricultural activities in the area. She stated truck traffic on Highway 392 is constant,
regardless of this application, and she is confident of her family's safety and wellbeing when spending
time around the subject site.
El Rick Casper, renter, stated he is a State trooper and is familiar with traffic control. Living in the
area he observes the applicants' trucks driving slowly, the drivers are friendly and courteous, and the
Jake brakes used by the Starman trucks are quiet compared to other unrelated traffic. He referenced
the photographs and confirmed he has observed the pumping process and found it to be well managed
and clean. He stated they live 1/8 mile southwest of the site and do not smell the operations, although
he did acknowledge there is an odor associated with the transfer when actually on the site.
Minutes, June 16, 2014 2014-1805
Page 5 BC0016
Brion Gavette, surrounding property owner, questioned why the applicants are going through the
permitting process now after operating for years. He stated the hours are occasionally earlier and the
proposed hours of operation (7:00 a.m. - 7:00 p.m.) are in conflict with the truck advertisement of
24-hour emergency service.
ID Winifred Pfeif, surrounding property owner, stated the buildings and sheds are recent additions,
but the pumping/storage activity has been going on for some time. She expressed opposition to the
truck activity, associated smell, potential health hazards, and negative impact to the neighborhood.
She submitted articles, marked Exhibit D.
IR Steve Gulley, surrounding property owner adjacent to the north, expressed concern with the odor
when pumping and asked how it will be mitigated. He also inquired concerning who monitors the
storage logs.
El Don Pfeif, surrounding property owner, expressed concern with the potential health hazard.
El Dave Ehrich, surrounding property owner 1/2 mile north, stated he has done business with the
applicant in the past, he has been a good neighbor, and he does not notice any odor from his property.
ID Dennis Francen, surrounding property owner, stated his property is not directly impacted,
although he has observed the company trucks to be well maintained and clean, and he knows
Mr. Starman to be a good neighbor. There being no further comments, Chair Rademacher closed
public testimony.
U Mr. Harris addressed the previous comments by confirming there are vents in the existing tanks,
Home Occupations are non-transferable, and if the business is sold, the permitted use would cease or
require separate permitting for the new owner. He stated the current tanks were placed in 2009-2010,
the proposed tanks will be below ground, and the applicants voluntarily submitted their application
because they were previously unaware they needed permit. In response to Commissioner Conway,
Mr. Harris confirmed the vent hatch currently remains open for proper function of the system; however,
once the underground tanks are installed, they will only vent during a 15-20 minute pumping process.
He further stated the water table will be protected by double-walled, self-contained tanks.
El Ken Starman, applicant, stated he has been working with the Health Department to develop an
emergency response plan, which will also be reviewed by local emergency responders and the Office
of Emergency Management. He further stated he is in agreement with changing the advertising from
24/7 operations to 7:00 a.m., to 7:00 p.m.
El In response to Commissioner Kirkmeyer, Ms. Light stated the septage is not stored in an open
pond but is applied to farm fields as fertilizer via direct injection; therefore, the health concerns are
limited. Responding further to Commissioner Kirkmeyer, Ms. Johnson confirmed there is no violation; it
was a voluntary inquiry and through the referral process, staff became aware of the existing conditions
that need to be rectified. She also confirmed that if the Home Occupation ceases, there is not currently
a Condition requiring removal of the tanks. Ms. Light stated McDonald Farms is operating under a Use
by Special Review Permit, they maintain and compare the logs to ensure they are consistent, and they
are also monitored by the State/EPA. She also reiterated there are no odor complaints on record.
Minutes, June 16, 2014 2014-1805
Page 6 BC0016
Commissioner Conway thanked all those present for attending and stated he believes the
applicant is trying to be a good neighbor. He stated they have been in operation for seven years
without complaint, the testimony indicates the company trucks are operating appropriately, and once
they became aware of the necessary permits, they opted to come in and make it right. He stated he
believes the underground tanks will mitigate many of the issues of concern regarding impacts to the
water table, the use will cease if the property is sold, and, based on those findings, he is in support of
the application.
e In response to Chair Rademacher, Mr. Harris stated he and the applicants have reviewed, and
agree to abide by, the Conditions of Approval, with the request that they be allowed to operate in the
interim with tanker trucks while the new underground tanks are being installed.
Commissioner Kirkmeyer proposed modifying Condition of Approval #1.A.17 to add the following
to the end of the second sentence, ". . . and the existing underground tanks shall be abandoned and
removed." Upon clarification, she indicated Condition #1.A.14 adequately addresses the requirement
for a spill containment and response plan, and she requested additional language concerning the
requirement for an Emergency Response Plan and language to clarify the waste is limited to septage.
Lastly, she proposed to modify Condition #1.A.3 to delete "for public access". Upon clarification,
Mr. Harris concurred with the changes but requested the ability to respond in the event of an
emergency.
e Michelle Martin, Department of Planning Services, agreed the public will not be coming to the site;
however, the definition is from the Code and it is up to the discretion of the Board to remove that
phrase. Mr. Harris offered the option of sending a truck to respond to emergency, with the
understanding that they may return to the site but not conduct pumping operations until after 7:00 a.m.
Mr. Barker proposed inserting language for a new Condition of Approval #1.A.11 to state: "The waste
accepted on site shall be septage only." Following discussion, the Board agreed to further modify
Condition of Approval #1.A.3 to state: "Hours of operation for off loading of septage shall be limited
between 7:00 a.m. and 7:00 p.m."
e In response to Chair Rademacher, Mr. Harris stated he and the applicant have reviewed, and
agree to abide by, the Conditions of Approval, as amended.
▪ Commissioner Garcia commented there are merits to having a USR that can be viewed as an
asset to the property; however, in this case, relocating will result in a substantial loss to the applicant
because the permit is not transferrable. Regardless, he expressed support of the application based on
the agreed upon mitigation efforts.
▪ Commissioner Freeman agreed.
▪ Chair Rademacher agreed.
▪ Commissioner Garcia moved to approve ZPHB13-0005, with the associated Conditions of
Approval, as amended. Commissioner Freeman seconded the motion and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, June 16, 2014 2014-1805
Page 7 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 12:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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