HomeMy WebLinkAbout20080797.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 10, 2008
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 10, 2008, 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 William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 5, 2008, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinance #2008-3 and
#2008-4 by tape. Commissioner Garcia seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on March 5, 2008, as follows: 1) USR #1638 - Bartez, LLC, do Daniel Glantz;
2) USR#1606 - Connell Resources, Inc.; 3) USR#1628-Ogilvy Irrigating and Land Company, do TARH
E and P Holdings, LP, and Texas American Resources Company; and 4) USR #1647 - Public Service
Company of Colorado. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Masden moved to remove Miscellaneous Item#5 from the
Consent Agenda, and re-number accordingly. Seconded by Commissioner Garcia, the motion carried
unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as amended.
Commissioner Masden seconded the motion, and it carried unanimously.
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PRESENTATIONS:
RECOGNITION OF SERVICES,COUNTY ATTORNEY'S OFFICE-ROBERT KNEPEL: Chair Jerke read
the certificate into the record, recognizing Robert Knepel for 23 years of service with Weld County as an
Attorney. Bruce Barker, County Attorney, presented the certificate to Mr. Knepel and stated Mr. Knepel
worked with the District Attorney's Office until 2005, at which time he began working for the County
Attorney's Office, handling dependency and neglect cases through the Department of Social Services.
He stated Mr. Knepel has been a very dependable employee, has done an excellent job of interpreting the
law, and has always received positive feedback from Weld County Judges. Mr. Barker indicated
Mr. Knepel is a devoted baseball fan of the Colorado Rockies, and he wished him well in his retirement.
Mr. Knepel expressed his appreciation to Mr. Barker for the opportunity to work as a County Attorney after
his tenure within the District Attorney's Office, and indicated he has enjoyed working for the County.
Commissioner Long stated he had the pleasure of getting to know Mr. Knepel, and he expressed his
appreciation to Mr. Knepel for his interest in, and dedication to, Social Services issues. Commissioner
Garcia indicated he had the opportunity to work with Mr. Knepel during his tenure as a private attorney,
and affirmed that Mr. Knepel always maintained a high level of professionalism. He explained that
emotions run high in this type of work, and Mr. Knepel always dealt with clients and other staff with
professional courtesy, decency, and honesty. Chair Jerke expressed his best wishes to Mr. Knepel in his
retirement.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $398,459.14
Commissioner Rademacher moved to approve the warrants as presented by Ms. Connolly. Commissioner
Long seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER ACCEPTING TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR2 AND AUTHORIZE CHAIR TO SIGN-WILLIAM AND KAREN ANTICO LIVING
TRUST: Leon Sievers, Department of Public Works, stated this is the first of twelve parcels to be acquired
for the County Road 2 construction project, being done in conjunction with Adams County. He stated the
parcel is located on the north side of County Road 2, one-half mile west of County Road 45. He further
stated the Department will be acquiring 2,314 square feet of temporary construction easement, in the
minimum amount of $300.00, and there are no other costs associated with this parcel. In response to
Chair Jerke, Mr. Sievers stated the real estate values are significantly lower than the values for the County
Road 13 construction project; however, the values are dependent upon the proximity to Interstate 76. He
further stated the southern portion of the County has experienced dramatic increases in cost per acre.
Commissioner Rademacher moved to accept said temporary construction easement and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 23 AND 25: Mr. Sievers stated County
Road 38, between County Roads 23 and 25, will be closed for a total of five days for a culvert replacement.
He stated the detour route has been set, dust abatement will be provided, if necessary, and the average
daily traffic count is approximately 292 vehicle trips per day. In response to Chair Jerke, Mr. Sievers
indicated the culvert to be replaced is an irrigation culvert. Commissioner Garcia moved to approve said
temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CRS 44 AND 46: Mr. Sievers stated County
Road 43, between County Roads 44 and 46,will be closed for a total of five days for a culvert replacement.
Minutes, March 10, 2008 2008-0797
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He stated the detour route contains three miles of gravel roads, dust abatement will be provided, if
necessary, and the average daily traffic count is approximately 544 vehicle trips per day. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JESS RODRIQUEZ: Brenda
Dones,Assessor's Office, stated the petition is for the 2006 tax year,and explained the parcel should have
been deleted upon completion of the Recorded Exemption process; however, the parcel was double
assessed. She indicated the original value of the parcel is $67,264.00, which will create a refund in the
amount of $1,203.22. In response to Chair Jerke, Ms. Dones indicated the parcel is located within the
northern portion of the County; however, she is unsure of the exact location of the property. Mr. Barker
further stated the property owner operates an AM radio station, and the radio tower is located on property
within the vicinity of the of the Town of Windsor. Commissioner Rademacher moved to approve said
petition, based on staffs recommendation. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - US HOME CORPORATION:
Ms. Dones stated the petition is for tax years 2005 and 2006, and explained a model home on the parcel
was sold in year 2004, therefore, the personal property assessed within the home will be abated for the
2005 and 2006 tax years. She stated the refund will total $1,674.76 for year 2005, and $1,469.90 for year
2006. Commissioner Masden moved to approve said petition, based on staff's recommendation.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - TOP NOTCH MASONRY OF
COLORADO: Ms. Dones stated the personal property is no longer located within Weld County, and is
located within Boulder County, therefore, it is necessary to remove the property from the Weld County tax
roll. She indicated the actual value of the personal property is $68,185.00, which will result in a refund in
the amount of $1,918.76. In response to Chair Jerke, Ms. Dones clarified the equipment is now located
on a storage yard within the City of Longmont. Commissioner Rademacher moved to approve said
petition, based on staffs recommendation. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENT TO NOXIOUS WEED MANAGEMENT ADVISORY BOARD: Commissioner
Long moved to appoint Guy Grigsby to the Noxious Weed Management Advisory Board, to replace
Benjamin Farmer, with a term to expire August 19, 2010. Seconded by Commissioner Rademacher, the
motion carried unanimously.
FIRST READING OF ORDINANCE #2008-3, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT,OF THE WELD COUNTY CODE: Mr. Barker
indicated following a recent work session, some changes were recommended by Paul Wood, Sheriffs
Office. He stated Mr. Wood has sent the necessary changes; however, he has not had a chance to review
the content and make the appropriate changes. He requested the matter be continued for a period of
approximately 30 days, in order to incorporate the necessary changes and conduct another work session
with the Board. He further stated he will also speak with Judge Marcelo Kopcow regarding the proposed
changes to the fees for traffic offenses. No public testimony was provided concerning the matter. Upon
conferring a date with the Acting Clerk, Commissioner Masden moved to continue the first reading of
Ordinance #2008-3 to April 7, 2008, at 9:00 a.m. Seconded by Commissioner Rademacher, the motion
carried unanimously.
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FIRST READING OF ORDINANCE #2008-4, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE:
Mr. Barker stated the changes to this Ordinance are concerning noise regulations, and the Board did
desire to provide exceptions for hunting activities, agricultural uses, and for oil and gas operations. He
explained the amount of noise allowed on a property has two categories, between 7:00 p.m., and
9:00 a.m., and between 9:00 a.m., and 7:00 p.m. He recommended approval of the first reading of
Ordinance #2008-4. In response to Chair Jerke, Mr. Barker stated current noise regulations are
determined by State statute, which provides for levels of noise within specific zone districts. He further
stated the proposed changes will provide some alteration to the current regulations, and explained that
State statute allows for the County to impose stricter noise regulations than what is set by the State.
Commissioner Masden indicated the new noise regulations will provide better clarification and control for
subdivisions within the County, such as Aristocrat Ranchettes, from which staff receives many noise
complaints during warm weather periods. Chair Jerke stated the language does provide an exemption for
vehicles which were created for agricultural uses; however, he is concerned that equipment utilized for
agricultural uses, such as a backhoe, will not be exempt since it is technically a piece of equipment which
was created for construction uses. He requested that the Board discuss potential issues of violation in an
upcoming work session. Commissioner Long concurred with Chair Jerke, and stated a work session is
necessary before the second reading as some of the definitions may need to be expanded. Chair Jerke
stated he believes the language concerning the prohibition of repeatedly sounding a horn may be
construed as culturally insensitive, therefore, he requested the language be studied further within a work
session. No public testimony was provided concerning the matter. Commissioner Masden moved to
continue the first reading of Ordinance #2008-4 to April 7, 2008, at 9:00 a.m, in order to conduct an
additional work session, and the motion was seconded by Commissioner Rademacher. Upon request for
a roll call vote, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-3 and #2008-4 were continued on first reading to April 7, 2008.
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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, March 10, 2008 2008-0797
Page 4 BC0016
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