HomeMy WebLinkAbout20060858.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 22, 2006
TAPE #2006-11
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, March 22, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny 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 March 20, 2006, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Geile added New Item of Business#12-Consider Voting System
Agreement and authorize Chair to sign - Diebold Election Systems, Inc.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke 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 $574,776.41
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
2006-0858
BC0016
BIDS:
PRESENT MOW-HERBICIDAL BID- DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of
General Services, read the names of the nine vendors who submitted a bid into the record. Said bid will
be considered for approval on April 5, 2006.
PRESENT SLURRY SEAL, REJUVENATOR, AND CRACK SEAL BID - DEPARTMENT OF PUBLIC
WORKS: Mr. Persichino read the names of the four vendors who submitted a bid into the record. Said bid
will be considered for approval on April 5, 2006.
PRESENT 2006 DUST PALLIATIVE PROJECT BID-DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
read the names of the two vendors who submitted a bid into the record. Said bid will be considered for
approval on April 5, 2006.
NEW BUSINESS:
CONSIDER REVISED APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services,stated the budget revision
will implement a one percent reduction for the Head Start Program. In response to Commissioner Vaad,
Mr. Speckman stated the one percent reduction will impact the current year's budget. Further responding
to Commissioner Vaad, Mr. Speckman stated a possibility exists for the backfill of funds during the next
billing cycle. In response to Commissioner Jerke, Mr.Warden stated a work session has been scheduled
regarding the changes thatwill need to be made to the budget. He further stated the cost-of-living increases
for Head Start staff will be frozen, and Head Start staff are separate from County staff. In response to
Commissioner Masden, Mr. Warden stated the salaries of Head Start staff will not be reduced by one
percent; however, Head Start staff will not receive a cost-of-living adjustment to their salaries.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER REVISEDAPPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT/SEASONAL HEAD
START PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the budget revision will
implement a one percent reduction for the Migrant/Seasonal Head Start Program. Commissioner Long
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Jerke,the
motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR THE SPECIAL EDUCATION SERVICE
AGREEMENT CONCERNING THE MIGRANT/SEASONAL HEAD START PROGRAM AND AUTHORIZE
CHAIR TO SIGN-MESA COUNTYVALLEY SCHOOL DISTRICT 51: Mr.Speckman stated Mesa County
Valley School District 51 will provide special education and related services for children enrolled in the
program on the Western Slope. Commissioner Masden moved to approve said Memorandum of
Understanding and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER CONSULTANT AGREEMENT FOR EARLYCHILDHOOD SPECIAL EDUCATION SERVICES
AND AUTHORIZE CHAIRTO SIGN-PATRICIA LEWIS: Mr.Speckman stated Patricia Lewis will provide
special education services for children enrolled in the Head Start Program on the Western Slope.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, March 22, 2006 2006-0858
Page 2 BC0016
CONSIDER CONSULTANTAGREEMENT FOR SPEECH AND LANGUAGE SERVICES AND AUTHORIZE
CHAIR TO SIGN-JENNIFER MCCLASKEY: Mr.Speckman stated Jennifer McClaskey will provide speech
and language services for children enrolled in the Head Start Program on the Western Slope. In response
to Commissioner Masden, Mr. Speckman stated the services are for special education students.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL SUBGRANTAGREEMENT FOR THE PURCHASE OR LEASE OF
HAVA COMPLIANT VOTING SYSTEMS AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County
Attorney, stated this agreement with the Office of the Secretary of State will provide for the ability to
purchase equipment from Diebold Voting Systems, Inc. In response to Commissioner Masden, Mr. Barker
stated the agreement provides for the purchase of new certified equipment. Further responding to
Commissioner Masden, Mr. Warden stated the Federal Government provided funds to the State, in the
amount of approximately$10 million, in order for Counties to purchase certified equipment. He stated the
allocation for Weld County is$669,700.00, and the agreement will provide for a volume discount from the
vendor. He stated Weld County will be able to replace all the voting equipment with a total of 318
touch-screen machines. He further stated the County has been budgeting for this purchase for the past
several years, and approximately $70,000.00 will be taken out of the fund balance to purchase the
machines. Mr. Warden stated the cost of the equipment will be off-set partially due to decreased printing
costs of ballots and other materials, since not as many will need to be printed. He stated the touch-screen
machines meet the Help America Vote Act(HAVA)and Handicap Accessible regulations,and the election
will be much simpler to conduct. In response to Commissioner Masden, Mr. Warden stated absentee
ballots, which are mailed in, will still need be printed; however, no other ballots will be printed. In response
to Commissioner Vaad, Mr.Warden stated two elections will take place in 2006,the primary in August,and
the general election in November. Commissioner Vaad moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER FOR
VIDEO VISITATIONS FOR NORTH JAIL COMPLEX,PHASES I AND II,AND AUTHORIZE CHAIR TO SIGN-
SIERRA STEEL COMPANY: Mr. Persichino stated this agreement is for the purchase of video visitation
equipment for the new jail and to retrofit the old jail with video visitation equipment. He stated the installation
of the video visitation equipment will cut out five positions since inmates will no longer need to be
transported throughout the facility, and the public will not be allowed past the lobby of the facility.
Responding to Commissioner Jerke, Mr. Persichino stated a television with a microphone will be placed
in the inmates pod,and a television with a microphone will be placed in the lobby,and the visitation will take
place through the television monitors, and not face-to-face. Further responding to Commissioner Jerke,
Mr. Persichino stated the equipment has been tested, and wiring will be put in place to conduct video
arraignments,which will save money by reducing the transport of prisoners. Commissioner Jerke moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER FOR
DETENTION EQUIPMENT FOR NORTH JAIL COMPLEX, PHASE III,AND AUTHORIZE CHAIR TO SIGN-
SIERRA STEEL COMPANY: Mr. Persichino stated this agreement will provide for the installation of metal
cells, metal doors, security doors, locks, and bulletproof glass for Phase Three of the new facility. In
response to Commissioner Geile,Mr. Persichino stated the Department of Building Inspection will complete
all the necessary inspections during the construction. Mr. Persichino stated a proposal regarding the
elimination of sprinklers in the metal cells was presented to the Fire Department and rejected; however,an
appeal has been filed. He stated the inmates constantly tamper with the sprinkler heads within the cells,
and because the system is pressurized, the cell will fill with dust when the sprinkler head is removed. In
response to Commissioner Vaad, Mr. Persichino stated Sierra Steel Company is the same vendor who has
completed all the work in Phases I and II. He further stated the company is based out of Denver;however,
Minutes, March 22, 2006 2006-0858
Page 3 BC0016
one of the owners of the company is a Weld County resident. Commissioner Masden moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER FOR
DETENTION ELECTRONICS FOR NORTH JAIL COMPLEX,PHASE III,AND AUTHORIZE CHAIR TO SIGN
-SIERRA STEEL COMPANY: Mr. Persichino stated this agreement will provide for the electronics within
master control that control doors, alarm systems, communications with cell blocks, and all the cameras
within the facility. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT TO THE BOARD OF TRUSTEES FOR NORTH COLORADO MEDICAL
CENTER: Commissioner Jerke moved to appoint Kevin Schwindt to the Board of Trustees for North
Colorado Medical Center,with a term to expire January 13, 2009. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER APPOINTMENT TO THE BOARD OF PUBLIC HEALTH: Commissioner Vaad moved to
appoint Doug Printz to the Board of Public Health, with a term to expire May 23, 2008. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER VOTING SYSTEM AGREEMENT AND AUTHORIZE CHAIR TO SIGN-DIEBOLD ELECTION
SYSTEMS, INC.: Mr. Barker stated this agreement with Diebold is for the purchase of the new voting
machines, previously referenced. He stated Exhibit A gives detail regarding the cost of the agreement;
however, it is not currently attached to the agreement. He stated the agreement needs to be approved as
soon at possible, in order to have the equipment ordered and delivered in a timely manner. He stated
Diebold will be sending Exhibit A as soon as possible, and the costs must outline what was previously
discussed. Mr. Barker stated the Secretary of State must also review the agreement before the equipment
may be purchased,and recommended approval of the agreement conditional upon receiving Exhibit A,and
approval from the Secretary of State. He stated the agreement is a standard form of agreement which other
counties are using. Mr. Warden stated the overall cost of the machines will be approximately
$1,000,000.00. In response to Chair Geile, Mr. Warden stated more than 1,500 pieces of equipment will
be ordered for the State of Colorado,and the company has committed to delivering the equipment by early
June 2006. In response to Commissioner Jerke, Mr. Barker stated approval of the agreement should be
made conditional upon receiving Exhibit A; and he will verify the amounts listed. Further responding to
Commissioner Jerke, Mr.Warden stated the Resolution will be listed on the Consent Agenda on Monday,
March 27,2006. CommissionerJerke moved to approve said agreement,conditional upon receiving Exhibit
A from the vendor, and approval of the agreement by the Secretary of State. Seconded by Commissioner
Vaad, the motion carried unanimously. (Clerk's Note: Exhibit A was received March 22, 2006.)
PLANNING OLD BUSINESS:
SECOND READING OF ORDINANCE#2006-2, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 22(COMPREHENSIVE PLAN),CHAPTER 23(ZONING),CHAPTER 24
(SUBDIVISIONS), CHAPTER 27 (PLANNED UNIT DEVELOPMENT),AND CHAPTER 29 (BUILDING
REGULATIONS), OF THE WELD COUNTY CODE (CON'T FROM 03/08/06): Commissioner Masden
moved to read by title only. Seconded by Commissioner Long,the motion carried unanimously. Chair Geile
read said title into the record. Mr. Barker summarized the changes discussed in the Board's previous work
session. He stated a clause regarding single-family dwelling units will be added to Section 5-7-40,
Establishment of Impact Fees. He further stated under Section 22-2-210, Planned Unit Development goals
and policies, a modification is proposed to the ten percent minimum of common open space. Mr. Barker
stated a change will be made with respect to the allowance of commercial vehicles in Section 23-3-30.M,
which will now allow upto five commercial vehicles. He stated changes to Sections 23-4-165 and 23-4-950
will state that the zoning permit for a semi-trailer is not transferrable to any successor.
Minutes, March 22, 2006 2006-0858
Page 4 BC0016
Monica Mika, Department of Planning Services, provided a outline of the proposed changes. She stated
Section 22-1-150 will be amended to delete the language regarding applying for a change to the
Comprehensive Plan. She stated the Planning Commission recommends Section 22-2-210 be modified
to keep the phrase that states some Planned Unit Developments may not require common open space,
and requested that the proposed language, regarding the ten percent minimum of common open space be
deleted. She further requested the modifications to Appendix 22-E remain as recommended from the
Planning Commission. Bethany Salzman, Department of Planning Services, requested the commercial
vehicle definition, located in Section 23-1-90, be modified to clarify the use of commercial vehicles. She
requested the Home Occupation definition, located in Section 23-1-90, be modified to state commercial
vehicles associated with a home occupation shall refer to Section 23-3-30. Commissioner Jerke stated
he believes Creative Memories,Tupperware,and Mary Kay Cosmetics businesses should be not subject
to the regulations of a home business. Following discussion between Commissioner Jerke,Commissioner
Masden, and Ms. Salzman regarding home occupations, the Board decided to discuss possible changes
to the definition in a work session. Ms. Salzman requested the term "noncommerical junkyard" be
capitalized, since it is a definition listed under Section 23-1-90. She requested Section 23-3-110 be
modified for the addition of the language which states parking of one commercial vehicle be allowed for
properties not located within a subdivision. She stated properties located within subdivisions will follow a
permitting process, so that neighbors may voice their opinion. In response to Commissioner Jerke, Ms.
Salzman stated a hearing regarding this type of matter would only come before the Board if 30 percent or
more of the surrounding property owners were in opposition. In response to Chair Geile, Ms. Salzman
stated properties created through a Recorded Exemption would not be subject to the same process as a
subdivision. She further stated the Planning Commission recommended parcels larger than 80 acres be
allowed to utilize up to five commercial vehicles without requiring permits. She further stated under the
Residential and Estate Zone Districts,one commercial vehicle is proposed through an application process.
Ms.Salzman also requested the addition of Section 23-4-950, Permit Requirements,and Section 23-4-960,
Delegation of Authority, regarding receiving opposition from surrounding property owners.
Chris Gathman, Department of Planning Services, stated cargo containers and semi-trailers are two
different types of storage,one cargo container is allowed as a Use by Right in the A(Agricultural)Zone, and
anything beyond that would require a Use by Special Review Permit. He stated cargo containers are
considered to be structures; therefore, building permits are required. He further stated semi-trailers are
considered to be a commercial vehicle,and one semi-trailer would be allowed within a platted subdivision,
with an Accessory Structure Permit; however, if 30 percent of the surrounding property owners indicate
concern, a hearing would be held before the Board. He stated semi-trailers are permitted as Accessory
Structures, instead of Temporary Accessory Structures; however, they may not be used a dwelling unit.
Mr.Gathman stated within the rural areas of the County,a property owner may have up to two semi-trailers
as a Use by Right. In response to Commissioner Masden, Mr. Gathman stated the semi-trailers may be
used as storage only on a lot that is not part of a subdivision. In response to Chair Geile, Mr. Gathman
stated a property owner of a one-acre lot could potentially have one cargo container and one semi-trailer
used for storage on the property as a Use by Right. He further stated definitions for cargo containers and
semi-trailers have been modified,and recommended the word"temporary", in reference to cargo containers
and semi-trailers,be removed throughout Chapter 23. In response to Commissioner Masden, Mr.Gathman
stated an exit plan for storage containers will be part of the application.
Sheri Lockman, Department of Planning Services, stated the proposed sign code was initiated because
the current language is difficult to interpret. She stated a chart has been created which will allow the general
public to understand what is allowed on their property. She recommended the definition of a political sign
be added to Section 23-4-75. Ms. Lockman further recommended that political signs be allowed in all
categories listed in Appendix 23-C. Ms. Lockman stated an issue regarding sign illumination of LED signs
surfaced recently at a Board of Adjustment hearing. She stated she has found evidence of three
jurisdictions which enforce the brightness of signs,and Douglas County limits the illuminations of signs to
a maximum of 1,000 nits. She further stated personal computer screens emit approximately 200 nits, and
Minutes, March 22, 2006 2006-0858
Page 5 BC0016
LED signs are capable of emitting up to 9,000 nits. Ms. Lockman stated the average nighttime level that
signs emit is between 600 and 900 nits, and staff believes a maximum of 1,000 nits is reasonable. She
recommended placing the regulations regarding the illumination of signs in Section 23-4-120,and read the
proposed language into the record. In response to Commissioner Vaad, Ms. Lockman stated the brightness
that the signs emit may be adjusted by computer. In response to Commissioner Masden, Ms. Lockman
stated highway traffic safety signs are illuminated at an average of 10,000 nits,which is required for safety
reasons, and she was not aware of the illumination levels of traffic signals. In response to Commissioner
Vaad, Ms. Lockman stated she would research the illumination of the signs located at K and C RV, and
Johnson's Corner before the third reading. (Changed to Tape#2006-12). Responding to Ms. Lockman,
Mr. Gathman stated the discussion held at the Board of Adjustment hearing for K and C RV was regarding
the number of times the message could be changed, and he was not aware of the level of illumination of
the sign. Ms. Mika stated the language listed in Section 27-2-140 allows for flexibility,and recommended
that no additional language be added. She stated the Code discourages unusable areas of open space.
In response to Commissioner Masden, Ms. Mika stated language regarding open space requirements is
being considered within the Mixed Use Development section of the Code.
Roger Vigil, Department of Planning Services, recommended changes to Section 3307.1 of the Building
Code, which would allow the inspector to take care of stormwater issues as they appear. He
recommended changes to Section 29-3-120, Plot Plan, with additional language to state what is to be
included on the application. He stated applicants will need to clearly identify each structure to be located
on the property,including septic requirements. He further stated the language will help to identify whether
stormwater practices are being well managed. In response to Chair Geile,Mr.Vigil stated electric lines and
gas lines should be noted on the plat if their location is known.
Peter Schei, Department of Public Works,stated modifications to the Chapter 24 Appendix were discussed
in a work session, and the Planning Commission did not have any comments regarding the proposed
changes. Mr. Schei stated the Department is proposing to reduce the number of cross sections located
within the Code from thirteen to seven.
In response to ChairGeile,Mr. Barker reviewed the suggested changes, including modifications to Section
5-7-40, regarding single-family dwelling units; no modification to Section 22-2-210, PUD.Policy 4.2; the
addition of 23-3-30.M, regarding commercial vehicles; the addition of Section 23-4-165.B, and Section
23-4950.J,regarding the transference of zoning permits;and all other changes may be considered on third
reading. Commissioner Jerke recommended the words "may not" listed in PUD.Policy 4.2 should be
modified to state "do not" to provide a better definition. Commissioners Vaad and Long concurred. In
response to Commissioner Jerke, Mr. Barker stated the modifications regarding political signs and
illumination of signs should be included on third reading. Mr. Barker further stated the proposed language
by Commissioner Jerke will be a good fit. In response to Carol Harding, Deputy Clerk to the Board, Mr.
Barker stated the deletion of text in Section 22-1-150.6.3, recommended by Ms. Mika,will be included on
second reading. Further responding to Ms. Harding,Mr. Barker stated the deletion of the word"temporary"
throughout Section 23-4-160, as mentioned by Mr. Gathman, will be included on second reading.
Commissioner Jerke moved to approve Ordinance #2006-2 on second reading with the modifications
recommended by Department of Planning Services staff and the County Attorney. Seconded by
Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2006-2 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, March 22, 2006 2006-0858
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF C UNTY COMMISSIONERS
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Weld County Clerk to the Board s!� �
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Robert D. Masden
Glenn Vaad
Minutes, March 22, 2006 2006-0858
Page 7 BC0016
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