HomeMy WebLinkAbout20072494.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 6, 2007
TAPE #2007-23
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, August 6, 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 - EXCUSED
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 1, 2007, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on August 1, 2007, as follows: 1)USR#1561 -Strear Farms Company, do DCP Midstream,
f/k/a Duke Energy Field Services, Inc., do Witwer, Oldenburg, Barry,and Johnson, LLP; 2)USR#1565-
TARH E and P Holdings, L.P., do William G. Crews, CPL;3)USR#1611 -Lot Holding Investments, LLC,
and Robert and Valerie Parker,c/o Hall-Irwin Corporation;4)USR#1610-Michael and Melanie Scott,Sr.;
and Certification of Board of Equalization Hearings Conducted on July 30, 2007 - August 3, 2007.
Commissioner Rademacher 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.
2007-2494
BC0016
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WARRANTS: Donald Warden,Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $821,638.47
Electronic Transfers - All Funds $66,218.71
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER LEASE AGREEMENT FOR VACANT LAND AND AUTHORIZE CHAIR TO SIGN: Leon Sievers,
Department of Public Works, stated the Colorado Department of Transportation (CDOT) has requested
to lease 45,000 square feet within the County's motor grader storage facility located in Briggsdale. He
stated CDOT will utilize the leased area as a sand storage facility, and the facility is located adjacent to
State Highways 14 and 392. He further stated a fence separates the leased area from the County's
operations area, therefore, no conflicts are expected. In response to Commissioner Rademacher,
Mr. Sievers stated CDOT will not utilize any of the County's equipment. Commissioner Garcia moved to
approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND STATE HIGHWAY 52 AND AUTHORIZE CHAIR TO SIGN-LORRAINE
BURRESON: Mr. Sievers stated this is the first of four parcels to be acquired for the County Road 13
Strategic Road Improvements Project. He stated this parcel is the only parcel to be acquired for the project,
and the other three required parcels will be dedicated or donated to the County. He clarified the property
is located to the east of County Road 13,and north of State Highway 52. Mr.Sievers stated approximately
3,928 square feet of right-of-way will be acquired in the amount of$6,000.00,and the reimbursement value
was determined by an appraisal report completed by Foster Valuation Company. He stated there are no
other compensation costs associated with this parcel,therefore,the total reimbursement to the landowner
is$6,000.00. In response to Commissioner Rademacher, Mr.Sievers stated the parcel is 25 feet in width
by 175 feet in length, and part of a former grain bin operation used to be located on this parcel. He further
stated a railroad company owned the remainder of the adjacent property, which was leased to Colorado
Feed and Grain. He stated the railroad right-of-way has been conveyed to the Towns of Frederick and
Firestone for the Rails to Trails Program. Responding to Commissioner Garcia, Mr. Sievers stated the
amount of compensation is a counter offer presented by the landowner. He clarified the original offer made
by staff was$3,340.00; however, after a counter offer was provided by the landowner, staff determined it
was more feasible to accept the counter offer than to delay the project or proceed with the process of
condemnation. He further stated the landowner actually lives outside of the State of Colorado,therefore,
communication is difficult. Further responding to Commissioner Garcia, Mr. Sievers reiterated all other
parcels to be acquired for this project will be donated or dedicated to the County by the landowners,
therefore,the reimbursement value will not affect reimbursement provided for the other necessary parcels.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER ACCEPTING DEED OF DEDICATION FOR CR 29.5 AND AUTHORIZE CHAIR TO SIGN -
RICHARD AND MARGARET BARKEY: Mr. Sievers stated the parcel owned by Richard and Margaret
Barkey is located adjacent to County Roads 29.5 and 18.5. He stated the landowners have submitted a
Recorded Exemption plat, and during review of the plat, it was determined the existing gravel road did not
have documentation of right-of-way. He further stated the landowners have volunteered to donate the
necessary right-of-way required, approximately 1.75 acres, at no cost to the County. He stated staff
Minutes, August 6, 2007 2007-2494
Page 2 BC0016
recommends approval. Commissioner Rademacher moved to accept said deed of dedication and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, stated she must seek approval from the Board
for the right of entry on lands to complete weed control measures. In response to Chair Long, Ms. Booton
stated the City of Thornton is listed as one the landowners, and the property has a small amount of work
left to be completed. She stated the adjacent property of another landowner will also need to complete
weed control work,and both parcels were listed so as not to show favoritism. Further responding to Chair
Long, Ms. Booton stated the City of Thornton has done a better job this year of helping the tenants on the
lands comply with the necessary weed work,and she has discussed the possibility of the City sending out
a letter to the tenants every spring with a reminder to control the weeds on the site. In response to
Commissioner Rademacher, Ms. Booton stated she is not aware of the exact location of the property
owned by the E-470 Public Highway Authority. She further stated it is very late in the season for noxious
weeds, and these properties will be mowed; however, the regrowth can by sprayed after September.
Responding to Chair Long, Ms. Booton stated Salt Cedar is listed for mandatory eradication within Weld
County and the State will continue to work with Counties regarding Salt Cedar eradication within the vicinity
of various rivers. Commissioner Masden stated he recently attended Energy Impact hearings, and a
request for funding from various soil districts was made, which was denied due to incompatibility.
Ms. Booton stated the State works in conjunction with soil conservation districts and the weed programs
of various counties. She further stated a coalition was created on the western slope to help eradicate the
Salt Cedar within the Grand Junction area. In response to Commissioner Masden, Ms. Booton stated all
funding provided for weed control is from local sources. Commissioner Masden moved to approve said
entry upon various lands. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION AND AUTHORIZE
CHAIR TO SIGN: Mr.Warden stated the application is for Phase 2 of the County Road 2 Project,which will
pave County Road 2 between Interstate 76 and County Road 45. He stated the application requests
reimbursement in the amount of $1 million, and the funding for Phase 1 of the project was previously
approved. Commissioner Masden stated he was in attendance at the time the application for Phase 1 was
presented, and the application was very well received since it is a regional project with a large impact. He
expects that Phase 2 will also be funded. Commissioner Rademacher moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER DEFERRED COMPENSATION TRANSACTIONS-GREAT WEST RETIREMENT SERVICES:
Mr. Warden stated a Resolution is required, which states who is authorized to sign documents for
withdrawals or enrollment for the 457 Retirement Plan. He stated due to the switch in responsibilities of
Pat Persichino, the Resolution will now name Monica Mika and Don Warden as authorized signers.
Commissioner Rademacher moved to approve said transactions. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER REAPPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD:
Commissioner Garcia moved to reappoint Rod Deroo to the 911 Emergency Telephone Service Advisory
Board, with a term to expire January 13, 2009. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO ADJOURN AS BOARD OF
EQUALIZATION FOR CALENDAR YEAR 2007: Commissioner Masden moved to authorize the Board of
County Commissioners to adjourn as the Board of Equalization for calendar year 2007. Seconded by
Commissioner Rademacher, the motion carried unanimously.
Minutes, August 6, 2007 2007-2494
Page 3 BC0016
FINAL READING OF ORDINANCE #2007-3, IN THE MATTER OF AMENDING CHAPTER 19
COORDINATED PLANNING AGREEMENTS,ARTICLE XV HUDSON PLAN,OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read Ordinance #2007-3 by title only. Seconded by
Commissioner Masden,the motion carried unanimously. Bruce Barker,County Attorney,read said title into
the record. Tom Honn, Director, Department of Planning Services, stated since the second reading date
of the Ordinance,he has been able to confirm that the boundary adjustment is strictly related to land which
has been annexed into the Town of Hudson. In response to Commissioner Masden, Mr. Honn stated he
is not aware of the status of the women's prison proposed to be built within the Town of Hudson. No public
testimony was offered concerning this matter. Commissioner Masden moved to approve
Ordinance #2007-3 on final reading. Seconded by Commissioner Rademacher, the motion carried
unanimously.
FINAL READING OF ORDINANCE#2007-4,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 3 HUMAN RESOURCES,OF THE WELD COUNTY CODE: Commissioner
Masden moved to read Ordinance#2007-4 by title only. Seconded by Commissioner Rademacher, the
motion carried unanimously. Mr. Barker read said title into the record and stated no changes have been
made since the second reading,and he gave a brief description of the changes made on second reading.
No public testimony was offered concerning this matter. Commissioner Rademacher moved to approve
Ordinance#2007-4 on final reading. Seconded by Commissioner Garcia,the motion carried unanimously.
FINAL READING OF ORDINANCE#2007-5, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE: Commissioner
Garcia moved to read Ordinance#2007-5 by title only. Seconded by Commissioner Masden,the motion
carried unanimously. Mr. Barker read said title into the record. Trevor Jiricek, Department of Public Health
and Environment,stated the changes incorporated for Chapter 30 Sewage Systems will provide explanation
to prospective property purchasers of septic systems with a moveable part located on a specific property.
No public testimony was offered concerning this matter. Commissioner Masden moved to approve
Ordinance#2007-5 on final reading. Seconded by Commissioner Garcia,the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZING LEGAL ACTION TO REMOVE CONDITIONS/DEBRIS CREATING A
NUISANCE: Mr.Jiricek stated he has provided a memorandum detailing the chronology of the matter,and
pictures which depict the debris creating a nuisance at the address of 3715 Yosemite Drive, Greeley,
Colorado 80634. He clarified the Department believes the conditions at the site constitute a public
nuisance,and the Department recommends that the Board direct the County Attorney to pursue legal action
against Lynette Scoggins, to allow for removal of the debris creating the nuisance condition. He stated
several notices have been sent to Ms. Scoggins within the past 2.5 years, and she has been cooperative
in the past;however,debris continues to accumulate on the property,and the mobile home on the property
continues to deteriorate. Mr. Jiricek stated the mobile home is currently vacant and is not properly
maintained,and Weld County has redeemed 2004 and 2005 tax certificates for the property;however,the
2006 tax certificate remains unpaid. He clarified the property is listed in the name of Margaret Scoggins,
who is deceased,and daughter Lynette Scoggins has been the primary contact since she is the only living
relative. He stated Ms. Scoggins is present for the hearing today and she would like to propose a
compliance schedule. Commissioner Garcia stated he does not understand the difference between a
violation which proceeds through the Department of Public Health and Environment as opposed to a
violation which proceeds through the Department of Planning Services. In response, Mr.Jiricek stated the
Department of Planning Services will handle violations in which items may be screened or removed from
the property to come into compliance,and the Department of Public Health and Environment must handle
violations in which debris becomes a nuisance condition attractive to rodents, etcetera. Responding to
Chair Long, Mr.Jiricek stated the property contains an accumulation of primarily household trash,including
food debris, furniture, and clothing.
Minutes, August 6, 2007 2007-2494
Page 4 BC0016
Ms.Scoggins stated she currently resides at The Villa,and she realizes she is behind on the property taxes;
however, she is working a solution to pay the required fees. She stated she also realizes the property
needs to be cleaned up, and she has hired a contractor which can have the property cleaned up within
approximately 1.5 months. She stated the existing trailer will be torn down,and eventually a new trailer will
be placed on the property. In response to Chair Long,Mr.Jiricek stated Ms.Scoggins has taken action after
receiving past notices from the Department; however, the property has continued to deteriorate. He
requested Ms.Scoggins be required to provide proof of a contract within ten days,stating the clean up work
can be completed within 45 days. Chair Long stated it is possible that the contractor may not be able to
provide a contract within ten days, nor complete the work on the property within 45 days, therefore,
Ms. Scoggins would need to enlist other help in order to get the property cleaned up. He stated he wants
to make sure that this in not a continuing problem. Ms. Scoggins stated most of the debris located on the
property is a result of other residents within the area throwing debris over the fence of the property and she
clarified she has resided at The Villa for the past year. She stated her contractor, Sam's Concrete, will
complete the trash removal on the property,and he has already started cleaning the property;however,he
needs more time since he is completing the work by himself. She explained she plans to tear down the
trailer, and a large fence will be placed around the perimeter of the property in order to limit trespassing;
however, the necessary improvements are costly, and she will have to provide payment to the contractor
on a payment schedule.
Commissioner Rademacher stated 1.5 months may not be enough time to entirely clean up the property,
and he suggested allowing Ms.Scoggins a period of two months to bring the property into compliance. In
response to Commissioner Garcia,Ms.Scoggins stated she is not entirely sure when she will be released
from The Villa; however, she expects to be released within the next three weeks. Responding to
Commissioner Garcia, Mr.Jiricek requested that Ms.Scoggins be directed to focus on the removal of the
exterior household debris first, which would require a large dumpster to be placed on the property.
Ms. Scoggins stated the contractor has ordered a large dumpster for the removal of the debris; however,
it cannot be placed on the property until the coming weekend. In response to Chair Long, Mr. Barker
suggested a motion for this matter resemble the way zoning violations are processed. He recommended
the last paragraph of the Resolution be modified to state the clean-up of the property will be ordered on the
60th day from the date of the Resolution, unless the property is properly cleaned in the meantime. He
further stated the alternative is to continue the matter for a period of 60 days,and hear testimony again at
that time. Commissioner Garcia moved to amend the last paragraph of the Resolution, to provide for a
delay of action for 60 days, and to include that the clean-up focus on the exterior debris located on the
property. Commissioner Rademacher seconded the motion, and it carried unanimously. Chair Long
explained to Ms. Scoggins that she has 60 days to clean up the exterior of the property,and if the property
is not satisfactorily cleaned up in that period of time,the County will proceed with clean-up of the property
and she will be charged for the costs. He clarified Ms. Scoggins must address the outside trash on the
property, and the replacement of the mobile home is a separate issue. In response to Chair Long,
Mr. Jiricek stated the mobile home has deteriorated to a point where it is now considered an attractive
nuisance as well; however, action against the mobile home will have to be dealt with in a separate action.
Sam Guerrero, Sam's Concrete, stated he lives within the same subdivision as Ms. Scoggins and
confirmed he has ordered a dumpster to be located on the property,and it will be delivered this weekend.
He confirmed that he is committed to helping Ms. Scoggins by removing the debris from the property,and
eventually the mobile home will be removed as well. In response to Mr. Guerrero, Chair Long stated an
extension of 60 days has been granted to Ms.Scoggins. There being no further discussion, Commissioner
Garcia moved to approve said amended Resolution. Seconded by Commissioner Masden, the motion
carried unanimously.
Minutes, August 6, 2007 2007-2494
Page 5 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #2007-3, #2007-4, and #2007-5 were 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 9:45 a.m.
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Minutes, August 6, 2007 2007-2494
Page 6 BC0016
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