HomeMy WebLinkAbout20081046.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 7, 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, April 7, 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-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of April 2, 2008, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on April 2, 2008, as follows: 1) PZ#1098 - Wayne Harsh and Randy Lamp; 2) USR#1625 -
Aurora Dairy Corporation; and 3) USR #1645 - Bradford and Jolene Luster. Commissioner Masden
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY NATIONAL CRIME VICTIMS' RIGHTS WEEK - APRIL 13-19, 2008: Chair Jerke read
the proclamation into the record, recognizing the week of April 13, 2008, as Weld County National Crime
Victims' Rights Week. Carol Patch, District Attorney's Office, stated she is the Chairperson of this year's
Victims' Rights Week Event, and the focus this year will be on senior citizens' needs. Ms. Patch thanked
the community of Weld County for supporting victims' needs. Commissioner Rademacher stated he
applauds Ms. Patch for her efforts and the time she has invested. Chair Jerke thanked Ms. Patch for her
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efforts and stated it is important to keep senior citizens as valuable and protected members of our community.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $897,293.22
Electronic Transfers - All Funds $2,866.75
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - THERMO FLUIDS, INC.:
Mr. Warden stated this agreement is for the Health and Hazardous Waste portion of the Weld County
Department of Public Health and Environment,and addresses anti-freeze, used oil filters,oil contaminated
with water, and contaminated fuels being delivered from Thermo Fluids, Inc. In response to Chair Jerke,
Mr. Warden stated Thermo Fluids, Inc.will pay the County approximately$2,000.00, per year,for disposal
and recycling of these items. In response to Chair Jerke, Bruce Barker, County Attorney, stated Stephanie
Arries, Assistant County Attorney, reviewed this contract. Commissioner Rademacher moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
TEMPORARY CLOSURE OF INTERSECTION OF CRS 72 AND 57: David Bauer, Department of Public
Works, stated the closure will commence April 14, 2008, through April 25, 2008, for culvert replacement.
In response to Commissioner Rademacher, Mr. Bauer stated he is unsure if the culvert is used for
drainage or irrigation purposes. Commissioner Rademacher stated he is concerned if it is an irrigation
culvert, since the farmers will need to begin irrigating in the next few weeks. Chair Jerke stated based on
the location, it is more likely to be a drainage culvert. In response to Commissioner Rademacher,
Mr. Bauer stated the surrounding property owners are able to express their concerns when a culvert is
being replaced by the County. Commissioner Rademacher moved to approve said temporary closure.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 10 BETWEEN CRS 55 AND 59: Mr. Bauer stated this will
be a four day closure, commencing April 14, 2008, to replace an existing culvert. He stated approximately
54 vehicles per day travel the road. Commissioner Masden moved to approve said temporary closure.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR WEED SPRAYING AND AUTHORIZE CHAIR TO SIGN - TOWN OF
ERIE: Tina Booton, Department of Public Works, stated the Department has entered into
Intergovernmental Agreements with several towns to spray annexed roads for weed control, and this
agreement is with the Town of Erie. She stated the County will provide no more than $2,000.00 worth of
work. In response to Commissioner Rademacher, Ms. Booton stated $2,000.00 will typically cover all of
the roads in the Town requiring the County's service. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WASTE MANAGEMENT
CORPORATION: Christopher Woodruff, Assessor, stated this petition is for 2007 and is a piece of
Minutes, April 7, 2008 2008-1046
Page 2 BC0016
personal property. Mr.Woodruff stated there has been a correction regarding the location, and the correct
address is 1925 1st Avenue, Greeley, Colorado 80631. He stated it has been verified by staff that the
previous location has been closed;therefore, an abatement in the amount of$9,780.62 is recommended.
In response to Commissioner Rademacher, Mr. Woodruff stated the company will file a form for each of
its locations;therefore,the equipment will be taxed at the new location, unless it is not used in the business
any longer. Commissioner Garcia moved to approve said petition for abatement, based on staff's
recommendation. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DENNIS SPEICHER: Mr.Woodruff
stated this is a rural property located on County Road 70, between County Roads 55 and 57. He stated
staff has determined the inventory of the outbuildings and the value of the house were inaccurate for 2007,
and now a complete inventory has been taken. He stated an abatement in the amount of $2,845.00 is
recommended. In response to Chair Jerke, Mr. Woodruff stated buildings were listed which didn't exist
and he is unsure of how the errors occurred, since the employee who performed the assessment is no
longer employed by Weld County. He stated some of the buildings are located on other parcels; however,
they do not exist on this parcel. Commissioner Rademacher moved to approve said petition for abatement,
based on staff's recommendation. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BALDEOBHAI AND MEENA
PATEL: Mr. Woodruff stated this petitioner is requesting abatements for tax years 2005 and 2006, and
it is for the Greeley Travel Lodge. He stated the petitioners provide both long term and overnight rentals,
which are assessed at different rates, long term rentals are assessed as residential property, at 7.9 percent
and overnight rentals as commercial property, assessed at 29 percent. He explained the petitioners
provided their financial records to determine what percentage would be taxed as residential versus
commercial property. Mr. Woodruff stated for 2005, the property was determined to be 13.68 percent
residential and 86.32 percent commercial; therefore, an abatement of $1,107.44 is recommended. He
stated in 2006 there were more long term rentals; therefore, an abatement of$1,574.14 is recommended.
Commissioner Masden moved to approve said petition for abatement, based on staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Rademacher moved to appoint Hugh Martens and Robert Standen to the Regional Communications
Advisory Board. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER ESTABLISHING DISTRICT ATTORNEY'S SALARY FOR TERM OF JANUARY 1, 2009,
THROUGH DECEMBER 31, 2012: Mr. Warden stated the Colorado Revised Statutes stated the District
Attorney's salary must be paid at a salary no less than $67,000.00, and any amount above $67,000.00
must be approved by the Board. He stated a work session was held and the salaries of District Attorneys
in northern Colorado were reviewed, with the average salary being $131,000, for District Attorneys in the
north front range area. He further stated it is recommended that the Board raise the District Attorney's
annual salary to $130,000 beginning January 1, 2009; to $140,000.00 beginning January 1, 2010; to
$150,000.00 beginning January 1, 2011; and to $160,000.00 beginning January 1, 2012. Mr. Warden
stated the Larimer County District Attorney presently makes$162,000.00. Commissioner Masden stated
this salary is equitable, considering the size of Weld County. Commissioner Rademacher stated he would
be in favor of a higher salary. Commissioner Garcia stated this is a good investment. Chair Jerke
concurred with Commissioner Garcia, and stated he feels this seems to be a fair salary. Commissioner
Masden moved to establish the District Attorney's salary. 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 (CON'T
Minutes, April 7, 2008 2008-1046
Page 3 BC0016
FROM 03/10/08): Commissioner Masden moved to read the Ordinance by title only. Seconded by
Commissioner Rademacher, the motion carried unanimously. Mr. Barker read the Ordinance into the
record. He stated during a work session the Board requested that two changes be made to the Ordinance,
the first change is located on the second page, reducing the length, height, and width of vehicles to be
considered oversize, and the second change is defining aggressive driving as committing three or more
specified offenses in a single act or a series of acts in close proximity to another motor vehicle. Chair
Jerke stated the changes accurately reflect the concerns addressed in the work session. There was no
public input. Commissioner Rademacher moved to approve Ordinance #2008-3, on first reading.
Seconded by Commissioner Garcia, the motion carried unanimously. (Clerk's Note: Ordinance#2008-3
was read by tape on 3/10/08)
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(CON'T
FROM 03/10/08): Commissioner Masden moved to read the Ordinance by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Mr. Barker read the Ordinance into the record.
He stated the changes made to this Ordinance are regarding noise and are located under Section 14-9-20,
and will allow the Sheriff's Office to cite individuals who violate the guidelines. He stated a change was
made to exempt construction sites, and the times were updated to 7:00 a.m. - 9:00 p.m., rather than
7:00 a.m - 9:00 a.m., in the first column under Maximum Noise. In response to Commissioner
Rademacher, Mr. Barker stated agricultural activities will be exempt from the noise rules. Chair Jerke
stated there seems to be broad discretion given to the Sheriff's Office, Health Officials, and Zoning
Administrators and he has a problem with the Code not being clearly defined. Commissioner Rademacher
stated he can imagine several situations during which the time constraints on noise would present a
problem, for example, outdoor arenas. Commissioner Garcia stated he is in favor of a regulated noise
level and for the exceptions to be clearly defined. Commissioner Garcia moved to strike Section 14-9-
40.B. Commissioner Rademacher seconded the motion. Commissioner Rademacher stated there needs
to be some level of discretion; however, clearer parameters need to be defined. There was no public input.
Upon request for a roll call vote, the motion carried unanimously. (Clerk's Note: Mr. Barker stated the in
the second column under Maximum Noise the time should be 7:00 p.m. - 7:00 a.m.; however, the
information he submitted in writing stated 9:00 p.m -7:00 a.m.) Commissioner Masden moved to approve
Ordinance #2008-4, on first reading. Commissioner Rademacher seconded the motion. Chair Jerke
stated this Ordinance is a noble effort to address a problem; however, it is difficult to appropriately cover
this material. Commissioner Garcia stated from a suburban perspective he does not enjoy being subjected
to loud music at 12:30 a.m.; therefore, he hopes this Ordinance will restrict this type of noise.
Commissioner Rademacher stated it is a tough line to address. Commissioner Masden stated presently
the County is unable to rectify situations in which neighbors are playing loud music late at night; therefore,
he is in favor of this Ordinance. There being no further discussion, the motion carried unanimously.
(Clerk's Note: Ordinance #2008-4 was read by tape on 3/10/08)
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR CR 9.5 - CARMA
BAYSHORE, LLC: Dave Bauer, Department of Public Works, stated the title should not read for Planned
Unit Development Final Plan, PF #1078, but for County Road 9.5. Mr. Bauer stated it is recommended
that the Subdivision Performance Bond, in the amount of $1,353,674.00, be partially cancelled and
released, and that a remaining balance of $203,051.00 be retained. In response to Commissioner
Masden, Mr. Bauer stated the road is presently open and operational and the drainage system is
acceptable. In response to Commissioner Rademacher, Mr. Bauer stated the County had quite a bit input
on the road design. Commissioner Rademacher stated he is concerned about some of the turns in the
road. Mr. Bauer stated the goal is to build the road around the west side of lake. Commissioner Garcia
moved to approve partial cancellation and release of collateral. Seconded by Commissioner Masden, the
motion carried unanimously.
Minutes, April 7, 2008 2008-1046
Page 4 BC0016
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 9:57 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: i
>',. e>�i4/-1�'LG.I
� \Xi," m H. Jerke, Chair
Weld County Clerk to the Board tit f p
Robert Ma Pro-Tem
BY: /4�i�f i&2Z7' 4/ s
Deputy alerk to the Board "-- —'
(/ William F. Garcia
EXCUSED
David E. Long
ougla Rademac er
Minutes, April 7, 2008 2008-1046
Page 5 BC0016
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