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HomeMy WebLinkAbout20062545 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 11, 2006 TAPE #2006-33 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, September 11, 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, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of September 6, 2006, as printed. Commissioner Long seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinances #2006-7 and #2006-8 by tape. Commissioner Long seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on September 6, 2006, as follows: 1) PZ#1041 - William and Carol Cessna, do Robert Parsons. Commissioner Long 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 Masden moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, SHERIFF'S OFFICE - MICHAEL JEGLUM: John Cooke, Sheriff, read the certificate into the record, recognizing Michael Jeglum for 17 years of service. He stated Mr. Jeglum has worked in law enforcement in Weld County for 30 years. He further stated prior to working for the Weld County Sheriffs Office, Mr.Jeglum worked for the LaSalle and Eaton police departments. He stated 2006-2545 BC0016 �t-aQ ‘)Co their relationship was not only an employer-employee one, but also a friendship, and his job would not be possible without people like Mr. Jeglum. Chair Geile thanked Mr. Jeglum for his service and dedication to Weld County and stated it is a tremendous opportunity for the citizens of Weld County to have such dedicated employees. He further stated the staff at the Sheriff's Office has demonstrated tremendous performance and they deserve our respect and gratitude. Mr. Jeglum stated it has been a pleasure to serve the people of Weld County and the people he has worked with have been fantastic. He stated the County should be proud of the crew at the Sheriff's Office and he already misses the Department even though he has only been gone a month. Chair Geile requested that everyone stand to recognize Mr. Jeglum and the rest of the Sheriffs Department for their contributions to Weld County. 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 $446,185.81 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER LABORATORY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER (CON'T FROM 09/06/06): Chair Geile stated the Health Department has requested the item be continued due to no representatives being able to attend today's meeting. Commissioner Jerke moved to continue the item to September 13, 2006. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: FIRST READING OF ORDINANCE #2006-7, IN THE MATTER OF REPEALING AND REENACTING, AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: David Bauer, Department of Public Works, stated previous work sessions have been held to discuss drainage issues and criteria, including two with the Board last year. He stated open houses were held on April 11th and April 12th, 2006, at the Southwest Service Center and the Greeley Training Center to encourage public input. He stated there was one visitor at the Southwest Services Center and nobody came to the open house at the Greeley Training Center. He stated he believes most area engineers are already familiar with the criteria. He stated the regional drainage code is covered in Chapters 8, 23, and 24 and short mentions in Chapters 26, 27, and 29 of the Weld County Code. He stated the criteria provide guidance to developers and contractors who will design,construct,and maintain storm water and flood control facilities in the County and will provide design guidance to the drainage engineers using the Urban Drainage Manual which includes spreadsheets and examples of calculations to speed up the work and provide simplified approaches to drainage issues, and the criteria provide design options known to work on the Colorado front range. In response to CommissionerJerke,Mr. Bauer stated the document was created by the Urban Drainage District in Denver; however, surburban would be a more accurate term than urban, and the manual describes the kinds of subdivisions Weld County has containing largely green areas with detention ponds and channels. He stated he wrote an addendum to address specific Weld County conditions, including the rainfall, which is significantly different than the Denver area. Further responding to Commissioner Jerke, Mr. Bauer stated rural and undeveloped areas will not bring development designs to the County. He further stated it is detailed in the County Code how to detain a 100-year storm and release the five-year undeveloped rate which reduces the flood impact of large rain storms and would be the only part that would be applicable to the undeveloped areas and only at a point in which development is proposed. Commissioner Jerke suggested a work session should occur before the second reading in Minutes, September 11, 2006 2006-2545 Page 2 BC0016 Commissioner Jerke suggested a work session should occur before the second reading in order to review all the main points of the ordinance,therefore, if amendments are required,they can be written prior to the second reading. Bruce Barker, County Attorney, stated the process to schedule a work session has already begun. There was no public input. Commissioner Vaad moved to approve Ordinance#2006-7 on first reading. Seconded by Commissioner Masden, the motion carried unanimously. FIRST READING OF ORDINANCE#2006-8, IN THE MATTER OF REPEALING AND REENACTING, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Pat Persichino, Director of General Services, stated the first amendment is completely new to Chapter 3, Section 3-2-120, Re-assignment of duties in the event of an emergency,which states,"As a condition of employment,in the event of a declared emergency by the Board of County Commissioners, employees that are not required to perform essential functions in their own departments may be re-assigned to assist with an emergency at the direction of the Board of County Commissioners." He stated the other amendment is in Section 3-5-20, Resignation/retirement, and adds the following statement to the end of the paragraph,"The last day worked will be considered the termination date, with the exception of retiring employees." In response to Chair Geile, Mr. Perischino stated complying with re-assignment would be a condition of employment. Further responding to Chair Geile he stated re-assignment could include time outside of the employee's normal work day,including evenings,weekends,and holidays if needed; however,the employee would receive the appropriate overtime compensation. He further stated assigned overtime has been upheld by the courts. There was no public input. Commissioner Vaad moved to approve Ordinance#2006-8 on first reading. Seconded by Commissioner Long, the motion carried unanimously. PLANNING: CONSIDER REQUEST TO PRE-ADVERTISE USE BY SPECIAL REVIEW PERMIT#1573 - CEDAR CREEK WIND ENERGY, LLC: Chris Gathman, Department of Planning Services, stated the pre-advertisement is for a Mineral Resource Development Facility for a concrete batch plant and is associated with USR#1573 which was approved on August 2,2006. He stated the company is utilizing an operation to provide concrete for the wind turbine foundations. He stated pre-advertisement for the hearing is requested so the company may begin construction on the wind-farm project and it is scheduled to be heard by the Planning Commissioner on October 3, 2006. He stated the Department recommends a hearing date before the Board on October 18,2006. In response to Commissioner Masden, Mr.Gathman stated the company is working with a contractor, by the name of Mortenson, out of Minnesota. He stated it is a temporary batching operation,and will be removed after completion of the project. Chair Geile stated he would like to learn more about the Minnesota contractor and its corporate structure at the hearing. Commissioner Masden stated he would like to know if local companies were considered for the job. No representatives of Cedar Creek Wind Energy,LLC,were present. Commissioner Long moved to approve said request. Seconded by Commissioner Vaad, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Ordinances #2006-7 and #2006-8 were approved on first 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, September 11, 2006 2006-2545 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:30 a.m. olos^' ► BOARD OF OUNTY COMMISSIONERS ,i `� j IJ WELD CO NTY, COLORADO ATTEST: Lid .I ,,/ , �..; `i , ea„/ i 1 I Oil _ Nu M. J. G , Chair Weld County Clerk to the Boat , 4' �f J C / BY. \ l LY %C4 \ I David E. Long, Pro-Tem Deput lerk to Board / /'/,/ Wi Jerke 11^�\`i Robert D. Masden / AeLm 1/ Glenn Vaad Minutes, September 11, 2006 2006-2545 Page 4 BC0016 Hello