HomeMy WebLinkAbout20061759.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 28, 2006
TAPE #2006-24
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, June 28, 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, Elizabeth Strong
Director of Finance and Administration, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 26, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Robin Perez stated she would like to appeal the decision of the Board made June 26,
2006 to deny her request for a Recorded Exemption.She stated her family is moving out of state and trying
to sell their home, which is the reason they have requested a Recorded Exemption. She further stated
there is a contract on a home in Wisconsin, with a closing scheduled for July 14, 2006, and the closing on
the sale of their home is scheduled in August, pending the approval of the Recorded Exemption. She stated
she spoke to the City of Greeley regarding its concerns and agreed to not fight annexation or new roads and
came to an agreement for the easement. Bruce Barker, County Attorney, stated there is nothing in the
County Code regarding appeal of a Board decision; however,according to Robert's Rules of Order a motion
may be reconsidered by any member of the Board who voted in favor of the motion to deny. In response
to Commissioner Jerke, Ms. Perez stated she can provide written evidence of the contract on her home
at the next meeting. Chair Geile stated he would also like to see the listing agreement which states the sale
of the property is contingent on the Recorded Exemption. Commissioner Jerke moved to reconsider the
application for Recorded Exemption #4414. Seconded by Commissioner Vaad, the motion carried
unanimously. Commissioner Vaad stated he will look closely at the City's plans at the next meeting since
the incompatibility with City plans was the chief reason he was not in support of the Recorded Exemption.
Commissioner Masden stated he will also scrutinize the materials for compatibility with the City plans.
2006-1759
BC0016
•J7 42-06
a legal and binding contract. In response to Chair Geile, Ms. Perez stated the closing date for the sale of
her home was scheduled to be August 11, 2006. Commissioner Vaad moved to continue the request for
reconsideration of Recorded Exemption#4414 to July 10,2006, at 9:00 am. Seconded by Commissioner
Jerke, the motion carried unanimously. (Clerk's Note:Albert and Robin Perez submitted a written request
for reconsideration, marked Exhibit A, attached hereto.)
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, ACCOUNTING DEPARTMENT - CAROLYN MITCHELL: Chair Geile
read the certificate into the record, recognizing Carolyn Mitchell for 15 years of service with the Accounting
Department. Barb Connolly, Controller, stated Ms. Mitchell always took pride in her work and was diligent
about making certain payroll was processed as timely and accurately as possible. She further stated Ms.
Mitchell exercised patience with upset employees and was usually able to calm them, that her knowledge
of the payroll system will be greatly missed, and she thanked her for the years she dedicated to the
Department.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Ms. Connolly presented the following warrants for approval by the Board:
All Funds $262,583.69
Electronic Transfers - All Funds $3,099,549.36
Commissioner Masden moved to approve the warrants as presented by Ms. Connolly. Commissioner
Jerke seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: No bids were presented.
NEW BUSINESS:
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN - CATHY LOESCH: Walt Speckman, Director of Human Services, stated
this agreement is for a contract with the Migrant/Seasonal Head Start Program. In response to Chair
Geile, Mr. Speckman stated Cathy Loesch will work will special needs children and their parents providing
understanding of their rights and responsibilities, completing and submitting appropriate forms, working
with the School Districts,and evaluating work. Commissioner Long moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 50 BETWEEN WCRS 59 AND 61: Frank Hempen, Jr.,
Director of Public Works, stated the temporary closure, for the purpose of replacing Bridge 50/59A will
commence on July 5, 2006, and end no later than August 18, 2006. In response to Commissioner Jerke,
Mr. Hempen stated the bridge is over Box Elder Creek and the project will not interrupt irrigation.
Commissioner Jerke moved to approve said closure. Seconded by Commissioner Masden, the motion
carried unanimously.
Minutes, June 28, 2006 2006-1759
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF WCR 41 (1ST AVENUE) BETWEEN WCRS 64 (O STREET)
AND 62 (C STREET): Mr. Hempen stated the closure is requested based on an application received from
GLH Contruction. He stated the closure will be for a six-day period between July 10, 2006, and
August 21, 2006, for the purpose of constructing a new section of sewer line that serves Swift and
Company. He further stated construction will take three to four days and connecting pipes to the old sewer
lines will require one to two days. GLH has agreed to post message boards in advance of the closure.
In response to Chair Geile, Mr. Hempen stated this is a forced main specifically for Swift, and part of the
line either has failed or is about to fail. Responding to Commissioner Jerke, he stated the facilities are on
8th Avenue. Commissioner Vaad moved to approve said closure. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 14 AND AUTHORIZE CHAIR TO SIGN - EVELYN YURK : Don Carroll, Department of Public
Works, stated the Nonexclusive License Agreement is for upgrades and maintenance of Weld County
Road 55. He stated the Department has contacted the adjacent property owner, there is 60 feet
of right-of-way available, and the road is in good condition. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
OCTOBER 14, 2006 - NICK SEKICH: Mr. Barker stated Nick Sekich is not present and it would be
appropriate to continue this and the following item and the next to July 5, 2006. In response to
Commissioner Jerke, Commissioner Vaad stated he has been in communication with Mr. Sekich and the
event is for a Sugarbeet Festival, similar to a Farm Show or Hay Days, and is across the road from a major
sugarbeet receiving station. He further stated the Sekich family tried to organize this event last year and
ran out of time, but there is a lot of support for the event, including the Mead Chamber of Commerce. In
response to Chair Geile, Mr. Barker stated the Sheriffs Office has expressed concern regarding the
number of cars that will utilize Weld County Road 13 and State Highway 66. Chair Geile stated the Board
could approve the request and ask that Mr. Sekich work out the issue with the Sheriffs Office. Craig Emil,
Assistant County Attorney, stated Mr. Sekich is also requesting the bond be waived, since the event is
being held on his property. In response to Chair Geile, Mr. Emil stated the purpose of the bond is to
ensure that clean up occurs. Commissioner Vaad stated the Sekich family has a great reputation for
taking care of their property and if any debris blew into another area he is confident they would take care
of it. In response to Chair Geile, Mr. Barker explained the following item involves getting permission from
local and state authorities to serve alcohol. Commissioner Vaad moved to approve said application and
waive the bond requirement. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MEAD AREA CHAMBER OF COMMERCE: CommissionerJerke moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: DUST BLOWING COMPLAINT-JUAN RAMIREZ/MARIA DEL CARMEN:
Mr. Emil stated notification of the hearing was sent to Juan Ramirez and Maria Del Carmen via certified
mail, but evidence of receipt has not been forwarded to the office. He stated Nick Hoban, West Greeley
Conservation District, recommended the County take care of the issues that he identified and that have
not been resolved by the property owners. He stated there are 10 to 20 acres that still need to be
roughened with a chisel plow, and a wooden lath snow fence needs to be erected to ensure the soil stays
on the property. In response to Chair Geile, Mr. Emil stated the Board's approval is necessary in order
to use County funds to hire a third party to bring the property into compliance. He further stated there is
a provision in which reimbursement can be sought by the County in the amount of $15.00 per acre;
however, the reimbursement amount will not cover the entire cost. In response to Chair Geile, Mr. Emil
Minutes, June 28, 2006 2006-1759
Page 3 BC0016
stated the animals have been moved to a contained area, some of the property is recovering and has new
growth; however, there is a portion of the property that may not recover. In response to Commissioner
Jerke, Mr. Emil explained State Statute mandates that the County is only able to seek reimbursement of
the actual cost or upto $15.00 per acre, whichever is less. In response to Chair Geile, Mr. Barker stated
the reimbursement issue is not something the County can address in the Charter because the authorization
for the action is through State statute. Commissioner Long moved to approve said resolution.
Commissioner Jerke seconded the motion. Mr. Barker stated the Board needs to decide on authorization
to do the work and to collect the reimbursement. Commissioner Long and Commissioner Jerke modified
their motions to include both additions, and the motion carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE BOARD OF COUNTY COMMISSIONERS TO CONVENE
AS A BOARD OF EQUALIZATION FOR CALENDAR YEAR 2006: CommissionerJerke moved to approve
said resolution. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENT TO UTILITIES COORDINATION ADVISORY COMMITTEE BYLAWS:
Mr. Barker stated the Utilities Coordinating Advisory Committee has approved the changes.Commissioner
Masden moved to approve said amendment. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER AMENDMENT TO BOARD OF ADJUSTMENT BYLAWS: Mr. Barker stated the purpose of
the amendment is to bring the bylaws into conformance with the Weld County Charter provision which was
amended last fall. Commissioner Masden moved to approve said amendment. Seconded by
Commissioner Long, 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 9:57 a.m.
� . ` BOARD OF COUNTY COMMISSIONERS
I ♦ WELD COUNTY, COLORADO
/4. 4/
ATTEST: t. �'1` „owl 1 vim' EXCUSED DATE OF APPROVAL
tt ��� M. J eile, Chair
Weld County Clerk to the Boa : .;;,..
•
BY. , David E. Long, Pro-Tem
Dep Clerk the Board
William �
H. Jerke
Robe D. Masden
Glenn aad
Minutes, June 28, 2006 2006-1759
Page 4 BC0016
June 26,2006
Weld County Commissioners
950 10th Street
Greeley, CO 80631
Re: Proposed Recorded Exemption on 24 Acres, aka 1330 71S`Avenue, Greeley, Co.
Dear County Commissioners,
We are asking the county commissioners to please reconsider our request for a recorded
exemption on our property at 1330 71S`Avenue.
We have a job related transfer out of state and my husband is presently commuting from
Wisconsin. We have signed a contract on a home in Wisconsin that is scheduled to close
on July 14, 2006,and have a contract to sell our home at 1330 71st Avenue,pending the
outcome of the Recorded Exemption. Our entire 24 acres are listed with Orr Land
Company for sale but,three different Real Estate firms all agreed that the house should
be sold separate from the balance of the land for future development.
The denial of the Recorded Exemption has placed a great financial burden on our family
to close on our home in Wisconsin without executing the sale of our home on 71g
Avenue.
For sixteen years we have left our property in an agriculture setting and managed it with
the utmost care as requested by the county commissioners in 1990 when we purchased
the property. Now we are requesting your cooperation to help us in making our property
more marketable by granting us this request.
The city has two main oppositions to this Recorded Exemption request. The first is
access,which can be remedied by utilizing the existing access to the property until the
16th Street roadway is constructed. The second opposition is the water, which could be
serviced by a domestic well until which time development occurs.
By granting the Recorded Exemption we can accomplish our moving objectives and the
city can have everything it needs for future development of this area. Your
reconsideration into this matter is greatly appreciated.
Sincerely,
Albert and Robin Perez
C 6-411-04 fowl
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