HomeMy WebLinkAbout20071072 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 16, 2007
TAPE #2007-11
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 16, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 11, 2007, as printed. Commissioner Masden seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on April 11,2007,as follows: Hearings conducted on April 10,2007: 1)Violation Hearings;and
on April 11, 2007: 1) USR #1578 - Shawn Sarchet, Go Joseph Engels; 2) USR #1589 - Roland and
Theresa Wagner, do Thomas Hellerich; 3) USR #1596 - Scott and Kristie Fisher; and 4) USR #1585 -
Union Pacific Railroad Company,d/o Tony Love and Gregg Larsen. 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. (Clerk's Note: At the request
of the Department of Public Works, Miscellaneous Item #3, Agreement for Relocation of Pipeline and
Surface Facilities on WCR 9.5 - Kerr-McGee Gathering, LLC, will be reconsidered as New Item of
Business #1 on April 18, 2007.)
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-1072
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $424,038.61
Commissioner Masden moved to approve the warrants as presented by Mn Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER LEASE AGREEMENT FOR FULTON DITCH RIGHTS AND AUTHORIZE CHAIR TO SIGN -
PETROCCO FARMS, C/O DAVE PETROCCO, SR. (CON'T FROM 4/11/07): Bruce Barker, County
Attorney, stated this item was continued in order to receive information from Steve Nyugen prior to making
a decision and he has not heard from Mr. Nyugen. CommissionerJerke explained the Commissioners had
inquired if the County is receiving the market rate for the Fulton Ditch water rights. Commissioner
Rademacher stated he would like to approve the agreement today since it is late in the season; however,
the Board needs more information on the matter to make better informed decisions in the future.
Commissioner Rademacher moved to approve said lease agreement and authorize the Chair to sign.
Commissioner Jerke seconded the motion. Commissioner Jerke concurred with Commissioner
Rademacher's comment and stated the Board owes it to the tax payers to secure a market rate for assets
owned by the County. There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER MASTER CONTRACT WITH COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, MD, Director of the Department of
Public Health and Environment, stated this is a renewal of the Master Contract with the Colorado
Department of Public Health and Environment which specifies the procedures for executing and
considering the task orders and how the Department will act as an agent of the State. He stated the
contract is for a five-year period beginning July 1, 2007, through June 30, 2012. He further stated the
Department may consider future task order contracts on a case by case basis and may reject any of the
task order contracts presented in the future. Commissioner Rademacher moved to approve said master
contract and authorize the Chair to sign. Commissioner Garcia seconded the motion. In response to Chair
Long, Dr. Wallace stated there are no new elements in the master contract. There being no further
discussion, the motion carried unanimously.
CONSIDER TASK ORDER CHANGE ORDER LETTER #3 FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is the third task order change order letter for the
tuberculosis program. He stated the State occasionally provides additional funding than the original task
order specified for additional caseload, and in this case the State is providing an additional amount of
$4,500.00 which will equal a total amount will be $56,013.00. Dr. Wallace explained the task order is to
provide directly observed therapy and new contact investigation to control the spread of tuberculosis. He
stated there have been two active cases in the first quarter of this year and usually there are approximately
five cases identified in a year. Commissioner Masden moved to approve said task order change order
letter and authorize the Chair to sign. Seconded by CommissionerJerke,the motion carried unanimously.
CONSIDER AMENDMENT#2 TO EARLYAND PERIODIC SCREENING, DIAGNOSIS,AND TREATMENT
(EPSDT) PROGRAM CONTRACT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this program
is part of the State Medicaid Program, and the Department provides case management and support for
children from birth through age 21 who are in the Medicaid Program in the northeastern region of Colorado.
He stated the staff contacts clients,families,organizations,and agencies to ensure Medicaid beneficiaries
Minutes, April 16, 2007 2007-1072
Page 2 BC0016
are receiving preventative services in a timely manner. He further stated staff makes contact with
approximately 1,060 clients and 300-400 agencies per month. Dr. Wallace stated for the period of July
1, 2007, through June 30, 2008, the County will be reimbursed a sum not to exceed $125,317.00.
Commissioner Garcia moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR REGIONAL EMERGENCY
PREPAREDNESS PLANNING AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is an
agreement between the County and Mike Burnett for Mr. Burnett to provide support for emergency
preparedness planning for the Northeast Health District. He stated Mr. Burnett currently provides other
services to the Northeast Health District and is highly qualified to provide the required emergency
preparedness planning support. Dr. Wallace stated Mr. Burnett will be paid a sum not to exceed
$17,600.00 for the time period of April 1, 2007, through August 31, 2007. He stated there will be no local
funding to support these activities, and the full amount will be provided by the State. In response to
CommissionerJerke, Dr.Wallace stated there are similar programs which are processed through the Weld
County Office of Emergency Management; however, this agreement will not be processed through the
Weld County Office of Emergency Management. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER GRANT AGREEMENT FOR EMPLOYMENT AND TRAINING PROGRAMS AND AUTHORIZE
CHAIR TO SIGN:Walter Speckman, Director of Human Services, stated this a three-year agreement with
the State Department of Labor and Employment for all the employment training services. In response to
Commissioner Jerke, Mr. Speckman stated this agreement does not involve finances, and the finances
will be approved on a year by year basis through separate agreements. Commissioner Garcia moved to
approve said grant agreement and authorize the Chair to sign. Commissioner Masden seconded the
agreement, which carried unanimously.
CONSIDER INTERGOVERNMENTAL DATA ACCESS CONTRACT AND AUTHORIZE CHAIR TO SIGN:
Mr. Speckman stated this is a five-year agreement to allow the Department to access the State data
systems to obtain information required by Weld County Employment Services. Commissioner
Rademacher moved to approve said contract and authorize the Chair to sign. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 3 BETWEEN WCRS 38 AND 40: Leon Sievers,
Department of Public Works, stated this closure will be for a three-week duration to replace a bridge. He
stated detour signs will be in place, and if problems arise regarding dust, staff will take the appropriate
action. In response to Commissioner Masden, Mr. Sievers stated there are currently no plans for paving
this section of Weld County Road 3. Commissioner Jerke moved to approve said closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 70, BETWEEN WCRS 39 AND 41: Mr. Sievers stated
this closure will be for a culvert replacement, for a duration of four days. He stated the Department will
place the required signs on Weld County Road 70. Commissioner Masden moved to approve said closure.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 3AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
- ROBERT AND MARGARET IHRIG: Mr. Sievers stated this is the second of approximately nineteen
parcels which will be acquired for the Weld County Roads 3 and 1.5 Project. He stated this parcel will
provide .0147 acres of right-of way, and will cost $2,440.00, which is determined by using the cost of
Minutes, April 16, 2007 2007-1072
Page 3 BC0016
$16,600 per acre. He stated there are no replacement or damage costs. In response to Commissioner
Jerke, Mr. Sievers stated the location of this parcel is northeast of the Town of Erie. Further responding
to Commissioner Jerke, Mr. Sievers stated the road will be paved this year and construction has
commenced in the form of replacing driveway culverts. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Commissioner Garcia seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 3AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
- TERENCE AND JANICE RICE: Mr. Sievers stated this is the third parcel to be acquired for the Weld
County Roads 3 and 1.5 Project, and is located on the west side of Weld County Road 3 and south of
Weld County Road 10.5. He stated the parcel will provide .004 acres of right of way, and the County is
purchasing the parcel for$500.00 and reimbursing the property owners $100.00 for fence replacement,
for a total cost of$600.00. Commissioner Masden moved to approve said agreement and authorize the
Chair to sign. Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 3AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
- HIGH VIEW DEVELOPMENT, LLC: Mr. Sievers stated this is the fourth parcel to be acquired for the
Weld County Roads 3 and 1.5 Project, and it is located on the east side of Weld County Road 3 and
one-half mile north of Weld County Road 12. He stated there are no replacement or damage costs, and
the total compensation will be $3,360.00 for.084 acres of right-of-way. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. CommissionerJerke seconded the motion,which
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCRS 3AND 1.5 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
-CAROLYN WHITE: Mr. Sievers stated this is the fifth parcel to be acquired for the Weld County Roads 3
and 1.5 Project, and it is located on the east side of Weld County Road 3 and north of Weld County
Road 12. He stated the parcel will provide .135 acres of right-of-way at a cost of$5,416.00 and $300.00
for .069 acres for a temporary construction easement. He further stated the County is reimbursing the
property owner $1,500.00 to replace the existing fence, for a total cost of $7,216.00. Commissioner
Masden moved to approve said agreement and authorize the Chair to sign. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS-JOHN AND PATTY WAGNER: Mr. Sievers stated this is the sixth parcel
to be acquired for the Weld County Roads 3 and 1.5 Project, and the property is located on the east side
of Weld County Road 3, at Highway 52. He stated the County is acquiring 465 square feet of a permanent
easement for a cost of $500.00 and is reimbursing the property owners $100.00 for replacement of a
fence, for a total amount of $600.00. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - FIRST NATIONAL EQUIPMENT
FINANCING, INC.: Christopher Woodruff, Assessor, stated this is in regards to a personal property
valuation which was double taxed, and staff recommends approval of a refund in the amount of$1,825.18,
including the late penalty. Commissioner Jerke moved to approve said refund. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (P3432806) - DIVERSIFIED
FINANCIAL SERVICES: Mr. Woodruff stated this item and the next are both personal property accounts
Minutes, April 16, 2007 2007-1072
Page 4 BC0016
and the reason for refund is the same for both items. He stated this property is located in Kersey.
Mr.Woodruff stated staff did not realize the people leasing the property were using agricultural equipment
on a farm/ranch;therefore,a refund in the amount of$699.66 is due. Commissioner Rademacher moved
to approve said refund. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (P3432706) - DIVERSIFIED
FINANCIAL SERVICES: Mr.Woodruff stated this property is located in Keenesburg, and has been leased
to for agricultural purposes; therefore, a refund of $1,311.62 is due. Commissioner Jerke moved to
approve said refund. Seconded by Commissioner Masden, the motion carried unanimously
CONSIDER FIRST AMENDMENT TO COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN-SPRINT SPECTRUM REALTY COMPANY, L.P.: Mr. Barker stated
this is an amendment to the Sprint lease agreement to allow additional equipment on the tower and to
update figures in accordance with amounts which were negotiated with Sprint. Commissioner Garcia
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN-
CHRISTIAN SCHULTE : Mr. Warden stated this is an administrative process for the Board to set the
salary of Deputy District Attorneys. Commissioner Jerke moved to appoint Christian Schulte as a Deputy
District Attorney and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER REAPPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Garcia moved to
reappoint Nancy Meek, Marcia Osborne,and Lorna Losh to the Area Agency on Aging,with terms to expire
January 31, 2010. Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING OLD BUSINESS:
FINAL READING OF ORDINANCE #2007-2, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE
(CON'T FROM 03/26/07): Commissioner Masden moved to read Ordinance #2007-2 by title only.
Seconded by Commissioner Garcia, the motion carried unanimously. Mr. Barker read the ordinance into
the record. Brian Horgen, Department of Planning Services,stated the Department is requesting five items
in the Ordinance be changed. He explained four of the five changes are wording changes to maintain
consistency and the fifth item addresses fees. He stated the first change requested is to strike out the last
sentence of the definition of mobile homes in Section 29-1-20, which reads"Pre-1976 mobile homes may
be relocated after a pre-move inspection determines that they meet ANSI A 225.1, 1994 Annex D." He
explained since the Department will not be performing pre-move inspections on pre-1976 mobile homes,
the sentence is no longer required. In response to Commissioner Jerke, Mr. Horgen stated the American
National Standards Institute (ANSI) standards address similar safety issues; however, they are not the
same as the Housing Urban Development(HUD) standards. Mr. Barker reiterated the County will not be
allowing pre-1976 mobile homes to be relocated here;therefore, the sentence is not needed. Mr. Horgen
stated the next change is to strike the reference to the International Existing Building Code in Section 29-3-
70 since staff has decided not to utilize that Code on this issue. He stated the third change is to delete the
proposed amendments to Section 29-8-40, and to add the previously deleted table back into the Code. He
further stated the fourth change is to delete the amendments to Section 29-11-40, and to add the previous
language which reads,"All buildings, structures,or portions thereof,which are determined after inspection
by the Building Official to be dangerous, according to the provisions of Chapter 3 of the Uniform Code for
the Abatement of Dangerous Buildings as adopted in Section 29-2-80 of this Chapter,are hereby declared
to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance
with the procedure specified in said Uniform Code for the Abatement of Dangerous buildings. (Weld
Minutes, April 16, 2007 2007-1072
Page 5 BC0016
County Code Ordinance 2003-11)" Mr. Horgen stated the fifth item addresses permit fees in Appendix 5K,
and staff requests two changes. He stated the first change requested is to increase the pre-move
inspection fees to$200.00, and the second change requested is to adjust the fee modifier from .81 to .96.
He explained when an individual obtains a building permit for a building to be moved, the pre-move
inspection takes the place of the Plan Review Fee, which is 65 percent of the Building Permit Fee. He
further stated the Fee Modifier is a national chart used to address valuations of buildings, and increasing
the Fee Modifierwill consequently increase the permit fees. Mr. Horgen stated the fees after the proposed
increase will remain less expensive than those charged by the City of Greeley, the County of Larimer, and
the City of Longmont. He stated there will be a 12.9 percent increase on average, and will increase the
value of homes rather than simply an increase in fees. He further stated expensive projects will have a
lower percent of increase. In response to Commissioner Garcia, Mr. Horgen stated the fees charged by
other jurisdictions were quoted over a month ago. Commissioner Jerke stated a fee that impacts the
wealthy less and punishes the poor is a regressive tax and he does not understand why the Building
Inspection Department would propose a regressive tax. There was no public input. Commissioner Jerke
stated he is interested in severing the Ordinance in order to be able to vote for the changes he is
supportive of and against the one he is in opposition of. Mr. Barker stated Commissioner Jerke must vote
for or against the Ordinance; however, the Board can choose which amendments to the Ordinance they
will adopt. Commissioner Jerke moved to approve the proposed amendments, with the exception of the
one modification proposing changing the Fee Modifier in Appendix 5k. Commissioner Garcia seconded
the motion, which carried unanimously. Commissioner Jerke stated in a work session he was informed
that Weld County building inspections and permits are down 25 percent from the amount which were
issued in the first quarter of last year, and he would prefer that, rather than raising rates, the Department
delay hiring unfilled positions since there is less work than at this time last year. Commissioner Garcia
stated he does not see a clear need for the increase in the Fee Modifier. Mr. Barker clarified the Fee
Modifier will remain at .81 instead of being raised to .96. Commissioner Jerke moved to approve
Ordinance 2007-2 on final reading. Commissioner Masden seconded the motion, which carried
unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4240 - JEREMY SPIVEY: Jacqueline Hatch, Department of
Planning Services, stated the property is located north of and adjacent to Weld County Road 36, and west
of and adjacent to Weld County Road 31. She stated the original applicant, Jerry Witherspoon, applied
for the Recorded Exemption with the understanding that he would apply for a Subdivision Exemption for
the parcel of land that was sold on October 16, 1974 to the Public Service Company of Colorado. She
explained since then the property was sold to Jeremy Spivey, he has been working on completing the
Recorded Exemption by submitting the Subdivision Exemption;however,he has not obtained supportfrom
the Public Service Company of Colorado, and has not been able to meet Condition of Approval 4.B. She
stated a letterwas received from Melinda Beck stating the exclusion relevant to the situation excludes from
the definition of subdivision,those parcels of land which can be created by any court in this state pursuant
to the law of Eminent Domain; therefore, any parcel of land that could be created by exercise of the law
of Eminent Domain, also known as condemnation, does not fall within the definitions of subdivision, and
is not subject to County subdivision regulations. Ms. Hatch stated staff previously determined a
Subdivision Exemption needs to be applied for; however,without approval of the Public Service Company
of Colorado,staff recommends approval of the Recorded Exemption,since this approval will legally create
the Public Service Company of Colorado parcel, and as a result, no subdivision exemption will need to be
applied for. She further stated staff recommends Condition of Approval 4.6 be deleted. Mr. Barker stated
this is a difficult scenario since it was split in 1974. He stated the parcel the Public Service Company of
Colorado will have if the Recorded Exemption is approved is not a buildable lot. Ms. Hatch stated staff can
add a lock on the parcel which ensures the lot will always remain a Public Utility. Mr. Barker recommended
the lock be placed on the parcel and stated this gives the County some control over the Public Service
Minutes, April 16, 2007 2007-1072
Page 6 BC0016
Company of Colorado not being able to sell the parcel for building purposes. Jeremy Spivey, applicant,
stated applying for the Recorded Exemption has been an educational experience for him, and he
requested approval of the Recorded Exemption. Commissioner Jerke moved to approve Recorded
Exemption #4240. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SECOND AMENDED SITE PLAN
REVIEW, 2ND AMSPR #41 - FRED AND MARCIA ROTHAUGE: Ms. Hatch stated the applicants have
requested the full release of collateral, and both the Departments of Planning Services and Public Works
have conducted site visits and found the site to be in compliance with the recorded plat. She stated the
collateral is in the amount of$25,125.00, and staff recommends approval of the release of collateral. Don
Carroll, Department of Public Works, stated he conducted a site visit, and the outstanding items he was
checking on have been completed to his satisfaction, which were the sidewalks and parking.
Commissioner Masden moved to approve said cancellation and release of collateral forAmended Site Plan
Review, 2nd AMSPR #41. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance 2007-2 was approved on final reading.
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
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�` David E. Long, Chair
Weld County Clerk to the Boar' '' � ,I
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Depa, Clerk t• the :oard " L •••-
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Wi liam F. Garcia
Robert D. Mas en
Douglas ademache
Minutes, April 16, 2007 2007-1072
Page 7 BC0016
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