HomeMy WebLinkAbout20062734.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 2, 2006
TAPE #2006-35
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, October 2, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of September 27, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Emergency Ordinance#235-A by
tape. Commissioner Jerke seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on September 27, 2006, as follows: 1) PF#521 -Don and Linda Owens,do Coldwell Banker,
Attn: Ed Pruss; 2)Amended USR#842-Tire Recycling, Inc. Commissioner Long seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: Chair Geile moved New Item of Business #6 to become New Item of
Business #1, and renumbered the remaining items of business as necessary.
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.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,003,735.02
Electronic Transfers -All Funds $1,316,279.51
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER EMERGENCY ORDINANCE #235-A, IN THE MATTER OF SUPPLEMENTAL
APPROPRIATION FOR THE YEAR OF 2006: Mr.Warden stated this is the first supplemental ordinance
for the 2006 Budget, and the Ordinance has been published to meet legal requirements. He stated the
items included in the supplemental appropriation are: allocation of computer software and hardware;
grants; reallocation of small equipment to Departments; Island Grove Park capital; Upstate Colorado
Economic Development CDBG grant; Election machines and grant revenue; MUD study and grant;
contribution to the Capital Fund for the jail,courts,and Southeast Services building expansion; reduced GIS
photography; Public Trustee revenue; interest revenue; mineral leasing revenue;severance tax revenue;
Treasurer's fees revenue; Department of Public Health and Environment grants received mid-year;and the
encumbrances which have to be re-appropriated each year. In response to Commissioner Jerke,
Mr. Warden stated the Weld County Road 13 Project was not completed during the year 2006, and is a
good example of an encumbrance. Commissioner Vaad moved to approve Emergency Ordinance#235-A.
Seconded by Commissioner Long, the motion carried unanimously.
(Commissioner Long is now excused.)
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTSTO WCR 74 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-
WINDSOR RESERVOIRAND CANAL COMPANY: Frank Hempen,Jr., Director of Department of Public
Works, stated the agreement, in the amount of$31,085.00,will provide for acquisition of right-of-way and
replacement of fencing and gates in association with improvements to the intersection of Weld County
Roads 74 and 19. He stated the acquisition costs were determined through an appraisal report completed
by Foster Valuation Company. Commissioner Jerke moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSI DER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADEAND MAINTENANCE OF
WELD COUNTY ROAD 98 AND AUTHORIZE THE CHAIR TO SIGN-BEVERLY ENSLEY: Don Carroll,
Department of Public Works, stated the agreement is required through Recorded Exemption#4494, and
the property will have access from Weld County Road 98, east of Weld County Road 13. He stated a
60-foot right-of-way is available for access,and no objections have been received from surrounding property
owners; therefore, staff recommends approval. Commissioner Vaad moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR VICTIM WITNESS ASSISTANT UNIT AND
AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office,stated the Victim Witness Assistant
Unit has been awarded a grant in the amount of$40,758.00, which includes a cash match of$8,152.00.
Commissioner Vaad moved to approve said grant award and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, October 2, 2006 2006-2734
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CONSIDER TWO PETITIONS FOR ABATEMENT OR REFUND OF TAXES(P2475803 AND P1507199)-
CIT TECHNOLOGY FINANCING SERVICES, INC.: Christopher Woodruff, Assessor's Office,stated CIT
Technology Financing Services terminated the lease in 2003, and the equipment was removed from the
property. He stated staff recommends a refund, in the amount of$1,011.24, for account P2475803, and
a refund, in the amount of$1,951.68,for account P1507199. Commissioner Vaad moved to approve said
petitions. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2007: Mr.Warden stated
the list of legal holidays was circulated among the Board, and the decision was made to substitute the
floating holiday of Columbus Day to be taken on December26,2007,and to substitute the floating holiday
of Colorado Day to be taken December 31,2007. He further stated the floating holiday of Martin Luther King
Day will be taken the day after Thanksgiving,as has been done in previous years. Mr.Warden stated Court
personnel will follow the holiday scheduled as set forth by the State of Colorado. Commissioner Vaad
moved to approve said list. Seconded by Commissioner Jerke, the motion carried unanimously.
SECOND READING OF ORDINANCE#2006-7, IN THE MATTER OF REPEALINGAND REENACTING,
WITH AMENDMENTS,CHAPTER 8 PUBLIC WORKS,OF THE WELD COUNTY CODE: Commissioner
Vaad moved to read by title only. Seconded by Commissioner Jerke, the motion carried unanimously.
Bruce Barker, County Attorney, read said title into the record. Commissioner Jerke suggested the
ordinance matters should be continued due to the fact that only three Commissioners are present, and
technical difficulties exist with the computers. Chair Geile and Commissioner Vaad concurred.
Commissioner Jerke moved to continue the second reading of Ordinance#2006-7 to October 9, 2006,
at 9:00 a.m. Seconded by Commissioner Vaad, the motion carried unanimously.
SECOND READING OF ORDINANCE#2006-8, IN THE MATTER OF REPEALINGAND REENACTING,
WITH AMENDMENTS,CHAPTER 3 PERSONNEL,OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read by title only. Seconded by Commissioner Jerke,the motion carried unanimously. Mr. Barker
read said title into the record. Commissioner Jerke moved to continue the second reading of
Ordinance#2006-8 to October 9,2006,at 9:00 a.m. Seconded by Commissioner Vaad,the motion carried
unanimously.
PLANNING OLD BUSINESS:
CONSIDER MINOR RESUBDIVISION, RS#1072, FOR VACATION OF CERTAIN ROADS,STREETS OR
ALLEYS(MUSTANG AVENUE)WITHIN GREEN ACRES SUBDIVISION-DENNIE HOFF/RONALD AND
SALLY HARMS: Mr. Barker advised the applicants, Ron Harms and Anka Crabdree, that they have the
option of continuing the matter to a date when the full Board will be present. However, if they decide to
proceed today, it will require three affirmative votes. In response to Mr. Barker, Mr. Harms and
Ms. Crabdree requested a short recess to discuss the option of continuing the matter. Chair Geile issued
a five minute recess.
Upon reconvening, Ms. Crabdree stated she and Mr. Harms desired to withdraw the application in its
entirety,which would allow the road to remain as an access,with the understanding that Mustang Avenue
remains available right-of-way. In response to Chair Geile, Mr. Barker stated the right-of-way will remain
available for access, and upgrades may be completed on the actual roadway. He further stated the
applicants have a right to withdraw the application, and the Board will approve a Resolution allowing the
withdrawal. In response to Chair Geile, Ms.Crabdree stated she understood that if the new property owner
needed to utilize Mustang Avenue for access, he would be responsible for completing the necessary work
to the road. Further responding to Chair Geile, Ms. Crabdree stated her property is adjacent to Mustang
Avenue,and Mr. Harms'property is also adjacent to Mustang Avenue. In response to Commissioner Jerke,
Mr. Barker stated the right-of-way is part of the platted subdivision,a surrounding property owner is currently
completing the Recorded Exemption process,and Mustang Avenue will be utilized as access to the newly
Minutes, October 2, 2006 2006-2734
Page 3 BC0016
created parcel. He further stated the Recorded Exemption process will address the issues of utilizing
Mustang Avenue. No public testimony was offered concerning this matter. Commissioner Vaad moved
to approve the applicant's request to withdraw the application for Minor Resubdivision, RS #1072.
Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER MINOR RESUBDIVISION, RS#1122, FOR VACATION OF CERTAIN ROADS,STREETS,OR
ALLEYS(197TH WAY BETWEEN LOTS 13AND 14)WITHIN VANTAGE ACRES SUBDIVISION-GEORGE
AND VICKI KENNEDY: Jacqueline Hatch, Department of Planning Services,stated applicants have applied
for the vacation of 197th Way,between Lots 13 and 14,within Vantage Acres Subdivision. She stated 197th
Way is one-half mile north of Weld County Road 8,and one-half mile west of Weld County Road 41. She
stated seven referral agencies reviewed the application; however, no comments were received from the
Towns of Hudson and Lochbuie or the Weld County Sheriffs Office. Ms. Hatch stated the application has
met the criteria listed in the Weld County Code,and the road has not been utilized for its intended purpose
for the past twenty-one years. She stated the applicants currently own both lots adjacent to the road, and
over 70 percent of the surrounding property owners have signed a petition stating no objections. She further
stated the vacation will be compatible with the surrounding area, all properties in the subdivision currently
have access to a County Road, and the road is currently utilized as the applicant's driveway.
Mr. Barker advised the applicant,George Kennedy,that he has the option of continuing the matter to a date
when the full Board will be present. However, if he decides to proceed today,it will require three affirmative
votes. Mr. Kennedy indicated he would like to proceed today. Beth Ritchie, surrounding property owner,
stated she supports the application, and has no objections to the vacation of 197th Way. Commissioner
Jerke moved to approve said Minor Resubdivision. Seconded by Commissioner Vaad,the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#235-A was approved on an emergency basis,and Ordinances#2006-7 and
#2006-8 were continued on second reading to October 9, 2006.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
Minutes, October 2, 2006 2006-2734
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
ess...... BOARD OF LINTY COMMISSIONERS
,t‘g lEI(,a• WELD CO , COLORADO
ATTEST: �I.. ,, o� . /Oil
"w"r y2.IIV M. J. i , Chair
Weld County Clerk to the Boa IfOBY: f'','�'`�,emWien e
g ,� David E. Long, Pro-Tem
Depu lerk Board ,y
William H. Jerke
EXCUSED
Robert D. Masden
Stu 4 ezefrigi
Glenn Vaad
Minutes, October 2, 2006 2006-2734
Page 5 BC0016
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