HomeMy WebLinkAbout20080029.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 2, 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, January 2, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order and on roll call the following members were present,
constituting a quorum of the members thereof:
Commissioner William F. Garcia
Commissioner William H. Jerke - EXCUSED
Commissioner David E. Long - EXCUSED
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
ELECTION OF CHAIR: Commissioner Garcia nominated William H. Jerke as Chair for the year 2008.
The nomination was seconded by Commissioner Rademacher,and Commissioner Jerke was unanimously
elected Chair.
ELECTION OF CHAIR PRO-TEM: Commissioner Rademacher nominated Robert D. Masden as Chair
Pro-Tem for the year 2008. The nomination was seconded by Commissioner Garcia. Commissioner
Masden was unanimously elected Chair Pro-Tem, and he began Chairing the meeting.
ASSIGNMENTS: Commissioner Garcia moved to approve the Commissioner Coordinator assignments
for 2008, as listed in the draft Resolution. Commissioner Rademacher seconded the motion,which carried
unanimously.
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 26, 2007, 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 December 26, 2007, as follows: 1) Hearing to allow citizens to review and comment on the
performance of Weld County in carrying out the acquisition of project related furniture and equipment to
be constructed at the North Range Behavioral Health facility. Commissioner Rademacher seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
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PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, SHERIFF'S OFFICE- RICHARD BAUER: John Cooke, Sheriff, read the
certificate into the record, recognizing Richard Bauer for 31 years of service with the Sheriffs Office. He
stated Mr. Bauer has worked in several various capacities within the Sheriffs Office, and he has been a
dedicated employee. He stated Mr. Bauer has successfully solved many cases, and he is very impressed
with the dedication of Mr. Bauer to his position. Mr. Bauer stated he has had fun during his career, and
encouraged other Deputies to continue working hard. Commissioner Rademacher stated the experience
of Mr. Bauer is invaluable, and he expressed his appreciation to Mr. Bauer for his service with the Sheriff's
Office. Chair Pro-Tem Masden stated Mr. Bauer has positively represented Weld County throughout his
career, and expressed his appreciation to Mr. Bauer for his longevity and dedication to his duties.
Commissioner Garcia confirmed Mr. Bauer has maintained an impressive record and expressed his
appreciation to Mr. Bauer for his service.
COMMISSIONER COORDINATOR REPORTS: Chair Pro-Tem Masden stated he was contacted during
the holiday weekend by the Colorado Department of Natural Resources, requesting that he be a part of
a committee considering regulatory changes for the Colorado Oil and Gas Conservation Commission.
WARRANTS: Barb Connolly, presented the following warrants for approval by the Board:
All Funds $241,550.63
Electronic Transfers - All Funds $1,601,215.16
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner
Rademacher seconded the motion, which carried unanimously.
BIDS:
PRESENT COMPUTER/TELEPHONE CABLING AND FIBER BID: Ms. Connolly read the names of the
two vendors who submitted a bid into the record. Said bid will be presented for approval on
January 16, 2008.
NEW BUSINESS:
CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2008:
Commissioner Rademacher moved to approve said Resolution. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2008:
Commissioner Garcia moved to approve said Resolution. The motion was seconded by Commissioner
Rademacher. In response to Commissioner Rademacher, Chair Pro-Tem Masden indicated the
newspaper designated for publications is determined by the bid process each year, and the Fort Lupton
Press has been the designated newspaper for several years in a row. Bruce Barker, County Attorney,
stated occasionally additional notices are published within other newspapers within the County; however,
as required by State statute, the Board must utilize one newspaper to regularly publish notices. Chair
Pro-Tem Masden indicated residents within Weld County often question why the notices are not published
within the Greeley Tribune, which has the largest circulation within Weld County; however, he clarified any
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and all newspapers are welcome to place a bid. There being no further discussion, the motion carried
unanimously.
CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF
PUBLIC NOTICES: Mr. Barker stated as required by State statute, the particular public place for the
posting of public notices has been designated as the bulletin board on the third floor of the Centennial
Building, outside of the Clerk to the Board's office. Commissioner Rademacher moved to approve said
Resolution. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM H. JERKE TO CERTAIN ADVISORY
BOARDS: Commissioner Garcia moved to approve said appointments. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER ROBERT D. MASDEN TO CERTAIN ADVISORY
BOARDS: Commissioner Rademacher moved to approve said appointments. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM F. GARCIA TO CERTAIN ADVISORY
BOARDS: Commissioner Rademacher moved to approve said appointments. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DAVID E. LONG TO CERTAIN ADVISORY BOARDS:
Commissioner Garcia moved to approve said appointments. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DOUGLAS RADEMACHERTO CERTAIN ADVISORY
BOARDS: Commissioner Garcia moved to approve said appointments. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT TO WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:
Commissioner Rademacher moved to appoint Robert Hessler to the Weld/Larimer Revolving Loan Fund
Committee, with a term to expire December 31, 2010. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Garcia moved
to appoint Dennis Trego, and to reappoint Larry Burkhardt to the Workforce Development Board, with
terms to expire December 31, 2009, and December 31, 2010, respectively. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Rademacher moved to reappoint Randall Jacobson to the Regional Communications Advisory Board,with
a term to expire December 31,2010. Seconded by Commissioner Garcia,the motion carried unanimously.
CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Garcia moved to
appoint Terry Gertge to the Extension Advisory Council,with a term to expire February 1, 2009. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 18, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
ANDERS BROTHERS PARTNERSHIP: Leon Sievers, Department of Public Works,stated this agreement
is required to obtain right-of-way for the County Road 18 Road Improvements Project. He stated the parcel
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Page 3 BC0016
is located along the north side of County Road 18, adjacent to the bridge, and a total of 0.98 acres of
right-of-way will be acquired for $6,125.00. He stated the compensation value has been determined by
an appraisal report prepared by Foster Valuation Company. He further stated the Department will acquire
0.935 acres for the purposes of a temporary construction easement, in two separate parcels, for a total
amount of$660.00. Mr. Sievers stated the landowner will be reimbursed an amount of$6,500.00 for the
replacement and relocation of the existing irrigation system, appraisal report, and crop damage,therefore,
total compensation to the landowner will be in the amount of $13,285.00. In response to Commissioner
Rademacher, Mr. Sievers stated the reimbursement amount for crop damage is for the upcoming season,
and he clarified the construction work will be completed in Spring, 2008; however, part of the land utilized
will prevent the landowner from planting a crop. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - ROSCOE ELLIOTT: Mr. Sievers
stated the Department is acquiring 14,211 square feet of temporary construction easement, in two
separate parcels, for an amount of $500.00. Commissioner Garcia moved to accept said easement.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - ROSCOE AND DEBRA ELLIOTT:
Mr. Sievers stated this parcel is located on the west side County Road 13, south of State Highway 52, and
the Department is acquiring 20,379 square feet of temporary construction easement, for an amount of
$500.00. Commissioner Rademacher moved to accept said easement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Commissioner
Rademacher moved to read said Ordinance by title only. Seconded by Commissioner Garcia, the motion
carried unanimously. Mr. Barker read said title into the record. Brad Mueller, Department of Planning
Services, stated at the first reading on December 10, 2007, the Board requested that a work session be
conducted in order to discuss the changes to Ordinances#2007-14 through#2007-17. He clarified a work
session has been scheduled for Monday, January 7, 2008, at 10:00 a.m., therefore, he requested the
second reading of the Ordinances be continued to January 16, 2008. He stated Dean Secord was present
for the first readings of the Ordinances, at which time he presented his concerns, regarding proposed
changes to Appendix 23-F, to the Board. He clarified staff contacted Mr. Secord following the first
readings, and worked in conjunction with Mr. Secord and the County Attorney to incorporate his
suggestions into the revisions proposed to be discussed at the upcoming work session. In response to
Commissioner Rademacher, Mr. Mueller requested the second reading of Ordinances #2007-14,
#2007-15, #2007-16, and #2007-17 be continued to January 16, 2008, at 9:00 a.m.
Dean Secord, Weld County resident, stated he supports the recommendation to continue the second
readings of the Ordinances to January 16, 2008. He indicated he would like the chance to discuss the
proposed changes to Appendix 23-F with the Board at the upcoming work session. Mr. Mueller clarified
staff will provide Mr. Secord with a document describing the proposed changes in advance of the work
session, and staff will also provide the document to other representatives or citizens who have expressed
an interest in the proposed changes. He expressed his appreciation to Mr. Secord and to representatives
from Union Pacific Railroad (UPRR) for the input and information provided regarding the proposed
changes. In response to Mr. Secord, Mr. Barker indicated there have been no other requests for
information by other railroad companies, although he understands Mr. Secord previously mentioned to the
Board that Burlington Northern Santa Fe (BNSF) may be proposing a facility along the Interstate 76
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corridor. He stated staff will send notice of the upcoming work session to BNSF. Chair Pro-Tern Masden
indicated no other proposals regarding railroad facilities have been received, therefore, staff has only
received comments from representatives of UPRR. He expressed his appreciation to Mr. Secord for his
participation. In response to Commissioner Rademacher, Mr. Barker indicated he concurs with the
recommendation for a continuance of the second readings of the Ordinances. Responding to Mr. Secord,
Mr. Barker indicated the work session will be open to the public and input may be provided at that time.
In response to Commissioner Rademacher, Mr. Mueller confirmed the work session is scheduled to last
approximately 1.5 hours, therefore, ample time will exist to gain public input. Commissioner Rademacher
moved to continue the second reading of Ordinance #2007-14 to January 16, 2008, at 9:00 a.m.
Seconded by Commissioner Garcia, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-15, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Commissioner
Garcia moved to read said Ordinance by title only. Seconded by Commissioner Rademacher, the motion
carried unanimously. Mr. Barker read said title into the record. In response to Commissioner
Rademacher, Mr. Barker indicated Commissioner Jerke had requested that all four Ordinances be
discussed at the work session, therefore, staff recommends continuing the remaining Ordinances to
January 16, 2008. He explained the proposed changes to Chapters 24, 26, and 27 are fairly minimal, and
the continuance of the Ordinances will not negatively impact the new regulations regarding providing notice
of land use matters to mineral owners. Commissioner Garcia moved to continue the second reading of
Ordinance #2007-15 to January 16, 2008, at 9:00 a.m. Seconded by Commissioner Rademacher, the
motion carried unanimously.
SECOND READING OF ORDINANCE#2007-16, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 26 MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read said Ordinance by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read said title into the record. In response to
Commissioner Rademacher, Mr. Mueller indicated the discussions taking place within the Comprehensive
Plan Committee will not have a direct effect on the proposed changes for Chapter 26 through
Ordinance#2007-16. Based upon the previous discussion,Commissioner Rademacher moved to continue
the second reading of Ordinance#2007-16 to January 16, 2008, at 9:00 a.m. Seconded by Commissioner
Garcia, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-17, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read said Ordinance by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record, and
based upon the previous discussion, Commissioner Garcia moved to continue the second reading of
Ordinance #2007-17 to January 16, 2008, at 9:00 a.m. Seconded by Commissioner Rademacher, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances#2007-14,#2007-15,#2007-16, and#2007-17 were continued on second reading to
January 16, 2008, at 9:00 a.m.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, January 2, 2008 2008-0029
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
, BOARD OF COUNTY COMMISSIONERS
/ 1'_ WELD COUNTY, COLORADO
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Minutes, January 2, 2008 2008-0029
Page 6 BC0016
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