HomeMy WebLinkAbout20080977.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 31, 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 31, 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
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 March 26, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance#2008-2 by
tape. 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.
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 $886,639.96
Electronic Transfers - All Funds $5,054,203.17
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Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CR 84 AND SH 14: Wayne Howard,
Department of Public Works,stated this is the final phase of a capital improvement project,and this section
of road will be paved in early April. In response to Chair Jerke, Mr. Howard stated these improvements
were arranged in response to the needs of a nearby subdivision, and the subdivision is contributing
$90,000.00 to the project. Commissioner Long moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 18 BETWEEN CR 25 AND SH 85: Mr. Howard stated this
closure is needed to complete the final phase of road construction and the closure will commence
April 7, 2008, through April 18, 2008. In response to Commissioner Rademacher, Mr. Howard stated
three irrigation culverts were replaced in this area; however, this closure is for the purpose of road
construction. In response to Commissioner Masden, Mr. Howard stated the local gravel companies are
responsible for approximately 95 percent of the project; however, the box culvert is solely the County's
responsibility. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 70 BETWEEN CRS 39 AND 41: Mr. Howard stated this
closure will commence today, through April 4, 2008, to replace an 18-inch culvert. He stated one mile of
the detour route is gravel and water will be used to control the dust on this portion of the route, if
necessary. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 8 AND 12: Mr. Howard stated the
closure will commence March 26, 2008, through April 3, 2008, to replace several irrigation culverts. He
stated the detour routes will be County Road 11, or County Road 15, depending on which section of the
road is closed at a particular time. In response to Chair Jerke, Mr. Howard stated the work south of County
Road 8 is complete; however, 85 percent of the overall project remains to be completed this year.
Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
COUNTY ROAD 86 AND AUTHORIZE CHAIR TO SIGN - DENNIS AND DAVID DRAKE: David Snyder,
Department of Public Works, stated this agreement will provide access to the proposed Recorded
Exemption. Mr. Snyder stated the agreement is for a quarter-mile section of County Road 86, and it is
located directly west of Black Hollow Reservoir. In response to Commissioner Long, Mr. Snyder stated
there is 60 feet of right-of-way along the property line. Commissioner Long moved to approve said
nonexclusive license agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER CONSENT TO ENFORCEMENT BY PLATTE VALLEY FIRE PROTECTION DISTRICT FOR
THE 2006 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY: Barry Schaefer, Chief of Platte Valley Fire
Protection District, stated this Resolution is to adopt the 2006 International Fire Code for the
unincorporated areas of Weld County. Bruce Barker, County Attorney, stated the minutes from the Board
of Directors of Platte Valley Fire Protection District meeting, held on February 5, 2008, are included in the
scanned documents accompanying this Resolution; however,the scanned documents do not include the
amendments and modifications approved at the meeting. In response to Chair Jerke, Mr. Barker stated
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the Resolution does not require an amendment. Commissioner Garcia moved to approve said consent
to enforcement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER FORM OF WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS: Mr. Warden stated this document was
presented to Weld County Department Heads on Thursday and a work session was held with staff
regarding it. He stated there has been a program allowing County employees to retire and continue
working since 2001, and concerns have been raised regarding clarifying the status of these individuals as
"at will"employees. He further stated these changes will make the County standards consistent with what
the Internal Revenue Service (IRS) requires of private employers. Mr. Warden stated the County will no
longer refer to the Program as Phase Retirement, but as Working After Retirement. He stated the
contracts will list the maximum amount of hours an employee may work and the benefits the employee is
eligible for. He further stated the contracts will be prepared by the Human Resources Department and
listed on the consent agenda,similar to the way contracts regarding health insurance for retirees are listed.
Chair Jerke stated this is an extremely important step for the County to take, to clearly define the terms
for working after retirement. He stated before this contract was drafted, he was concerned there was an
inferred right of employment after retirement by some County employees. Commissioner Masden
concurred the contract clarifies the conditions for both the County and the employee. Commissioner
Garcia stated this contract is an important step in addressing changing workforce needs. Chair Jerke
reiterated it is important to clearly define the terms of working after retirement, and the contract will help
the County to do so. Commissioner Garcia moved to approve said form and authorize the Chair to sign
any necessary documents. Commissioner Rademacher seconded the motion. Mr. Warden stated he
spoke to a woman who recently retired from the federal government, and the federal government is using
a similar contract. He further stated he read about a similar program in the State of California, called the
Boomerang Program; therefore, many government agencies are starting to address this issue. There
being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USE BY SPECIAL REVIEW PERMIT #43 - XCEL ENERGY/PUBLIC
SERVICE COMPANY OF COLORADO: Hannah Hippely, Department of Planning Services, stated the
applicant is required to vacate all existing permits as a Condition of Approval for Use by Special #1647,
to clarify which permits are applicable to the site. Commissioner Masden moved to approve said vacation.
Seconded by Commissioner Rademacher, the motion carried unanimously.
FIRST READING OF ORDINANCE #2008-2, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE:
Roger Vigil, Department of Planning Services, stated the proposed changes have been reviewed and
approved by the Building Trades Advisory Board, and the Planning Commission approved the changes,
with one clarification. Mr. Vigil stated Section 29-2-90 will be called International Energy Conservation
Code, rather then Energy conservation standards,the year will be updated from 2005 to 2008, in reference
to the edition of the National Electrical Code, and the following language will be added to Section 19-2-90:
"The publication of the International Code Council, Inc. known as the International Energy Conservation
Code, 2006 Edition, is incorporated by this reference as a part of this Building Code, with the following
amendments: A. Amend Section 201.3 by substituting 'adopted Electrical Code' for the 'ICC Electrical
Code' in all sections throughout this code. B. Amend Section 401.3, first sentence as follows, 'A
permanent certificate shall be posted in a conspicuous location on the job site.- He stated Table 402.1.1,
"Simplified Insulation Requirement Single-Family Prescriptive Zone 5" will replace Table 21.1. He stated
Section 29-3-70, Moved Buildings,will change B.2 and B.3 to read as follows:"2. Insulation. Ceilings shall
be insulated to R-38. Walls that are opened shall have the cavity completely filled with insulation or be
insulated to R-19. Foundations systems shall be insulated according to Section 29-2-90 of this Chapter.
3. Mechanical. Mechanical Systems and equipment serving the building, heating, cooling, or ventilation
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needs shall comply with Section 403 of the International Energy Conservation Code. Gas appliances must
meet IMC requirements for combustion air, venting, and required shut valves." He further stated B.5 will
add the following sections: "g. Arc-fault circuit interrupter protection must be installed, as required by the
Electrical Code. h. Electrical devices, fixtures, and penetrations shall be durably sealed to limit infiltration,
according to adopted Energy Code." Gary DeJohn, President of DeJohn House Moving, Inc., stated he
has found the County Inspection Department to be reasonable regarding moving houses, and the rules
have been appropriate. Mr. DeJohn stated he would like to see a statement in the Ordinance to give
County staff discretion on matters which are not a health or safety issue. Commissioner Masden stated
County staff has discussed this matter and the County is moving in the direction of granting more discretion
to staff on these types of issues. Mr. DeJohn stated he has moved 2,500 homes in his career and kept
3,500-4,500 tons from being added to the land fill each year. Mr.Vigil stated the forms regarding the home
moving industry are currently being revised by staff. In response to Commissioner Rademacher, Mr. Vigil
stated the appeal process in place is a process to determine if the code was correctly interpreted, not to
request leniency on negotiable matters. Mr. DeJohn reiterated he has never had an issue with Weld
County; however, there was a recent issue he encountered with the State due to a stair case being 3/8 of
an inch short of the rise and run requirement. He stated he was able to resolve the issue by carpeting the
stairs; however, the matter delayed the entire process. Chair Jerke suggested Mr. DeJohn meet with
Mr. Vigil and if he has concerns about the Ordinance language for the second reading, he can express
them in a work session. In response to Chair Jerke, Mr. Vigil stated the IRC will address egress matters
and the Energy Code will address insulation matters; therefore, the two documents will not conflict since
each addresses a different issue. Commissioner Long suggested scheduling a work session and Mr. Vigil
stated he will do so. Commissioner Long moved to approve Ordinance #2008-2 on first reading.
Seconded by Commissioner Masden, the motion carried unanimously.
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 9:51 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, March 31, 2008 2008-0977
Page 4 BC0016
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