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HomeMy WebLinkAbout20023069 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 25, 2002 TAPE #2002-39 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, November 25, 2002, 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 Glenn Vaad, Chair Commissioner David E. Long, Pro-Tem Commissioner M. J. Geile - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of November 20, 2002, as printed. Commissioner Masden seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings conducted on November 20, 2002, as follows: 1) Change of Zone #603 from the A (Agricultural) Zone District to the E (Estate) Zone District, Harold and Doris Buxman and Don and Lisa Buxman, c/o AgPro Environmental Services, LLC. Commissioner Jerke seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2002-3069 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $545,597.25 Electronic Transfers -All Funds $2,504,370.08 Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated this is the standard application for dance licenses which must be renewed on an annual basis. He stated the applicant's liquor license was renewed in August. In response to Commissioner Masden, Mr. Barker stated he has received no incident reports regarding this establishment. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATION FOR WORKFORCE INVESTMENT ACT (W IA) 25% ENHANCED DISLOCATED WORKER FUNDS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated under this Expenditure Authorization the Department of Human Services will receive a funding increase for the Job Service Program, in the amount of $16,894. Commissioner Masden moved to approve said Expenditure Authorization and authorize the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously. CONSIDER AGREEMENT FOR COPIES OF COUNTY RECORDS AND AUTHORIZE CHAIR TO SIGN- ZENODATA CORPORATION, C/O BRAD HAYES: Mr. Barker stated this is a standard agreement for access to the Clerk and Recorder's records. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously. CONSIDER AGREEMENT CONCERNING EMS SERVICES IN DESIGNATED AREA AND FOR PROVIDING MUTUAL AID AND AUTHORIZE CHAIR TO SIGN - THOMPSON VALLEY EMERGENCY MEDICAL SERVICES, INC.: In response to CommissionerJerke, Dave Bressler,Weld County Paramedic Services, stated under this agreement the Weld County dispatch center will receive all the 911 calls for the Windsor area. He stated the calls, which previously went to Larimer County, will now come to the Greeley center. He further stated this includes law enforcement and medical response. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENT TO FAIR BOARD: Commissioner Long moved to appoint Brian Allmer and reappoint Thomas Holton to the Fair Board. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER CONSENT TO ENFORCEMENT BY THE JOHNSTOWN FIRE PROTECTION DISTRICT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS,WITH AMENDMENTS,WITHIN THE DISTRICTS UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated the Johnstown Fire Protection District has requested the Board's consent to its enforcement of the 1997 Uniform Fire Code in the District's unincorporated areas of Weld County. He stated the District has provided evidence of publication in the Johnstown Breeze on two occasions, as well as a public meeting which was held on November 12, 2002. He further indicated a notice was sent to the Johnstown Chamber of Commerce and a local Realtor. Minutes, November 25, 2002 2002-3069 Page 2 BC0016 Responding to Commissioner Masden, Mr. Barker stated they have provided adequate notice and are not required to do anything further. In response to Commissioner Jerke, Mr. Barker stated there is not a formal agreement; however, this Resolution would grant the Board's consent into perpetuity or until a new fire code is adopted. Commissioner Jerke commented it may be helpful to have a renewal date to give the Board the option of abandoning an agreement when enforcement practices of a Fire Protection District contradict the intent of the Board. Mr. Barker reiterated there are no formal agreement terms, and the Board can retract its consent at any time upon notification to the appropriate Fire Protection District. No public testimony was offered concerning this matter. Commissioner Masden moved to consent to the enforcement of the 1997 Uniform Fire Code by the Johnstown Fire Protection District. The motion, which was seconded by Commissioner Long, carried unanimously. PLANNING: CONSIDER MOBILE HOME PERMIT,ZPMH#2343-FAY AND BETTY MAVITY, C/O ROBERT MAVITY: Wendy Inloes, Department of Planning Services, gave a brief description of the location of the site, and stated staff recommends denial because the applicant has been unable to provide evidence supporting the need for full time care. Robert Mavity,applicant,stated this application is no longer necessary because his mother does not intend to move into the mobile home vacated by his late sister, Jackie Gorman. He requested an extension to allow him adequate time to sell the existing mobile home, and to save enough money to find a new home. In response to Chair Vaad, Ms. Inloes stated Mobile Home Zoning Permit#2201 was originally granted in August 2000 as a temporary use during a medical hardship for the applicant's sister, Jackie Gorman. She explained during the updating process, it was found that Ms. Gorman had passed away, so the permit had to be re-justified. Mr. Mavity explained his niece and her husband are now planning to move into the mobile home vacated by his sister. Ms. Inloes commented that if the applicant's niece moves in, a permit will still need to be obtained and one of the mobile homes will need to be removed. In response to Chair Vaad, Ms. Inloes stated the site is currently in violation because use for a medical hardship has ceased and the mobile home should have been removed within 30 days. Following discussion, Mr. Mavity indicated once they have a new residence he will either sell his mobile home or have it hauled away to be scrapped out. Mr. Barker stated if a permit is not approved today, the site is considered in violation. He recommended the Board refer this matter to the County Attorney's Office, with a delay in action, similar to the violation process. In response to Commissioner Jerke, Mr. Mavity stated his mobile home was constructed in 1970 home,and many mobile home parks do not accept homes constructed before 1976. In response to Mr. Mavity, Mr. Barker stated even if his mobile home is removed from the site,the remaining mobile home will need to be permitted. In response to Commissioner Jerke,Mr. Barker clarified the application for Mobile Home Zoning Permit#2343 for a temporary use during a medical hardship has been withdrawn, therefore, he recommends the matter be forwarded to his office as a violation, with instruction to delay action. Commissioner Jerke moved to find the property owned by Fay and Betty Mavity, do Robert Mavity, in violation of the Weld County Code, and to refer the matter to the County Attorney's Office, with a delay in action for 90 days. Commissioner Masden seconded the motion, which 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. Minutes, November 25, 2002 2002-3069 Page 3 BC0016 There being no further business, this meeting was adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD /COUNTY, C LORADO ATTEST: '�'/ .1 E is f�fpa. .x I /d& 6�F. a GI n Vaa , Chair Weld County Clerk to the I Oartt,` ,A-, ::\A gd e ___ �,Q � O l'" Fir David E. Long, Pro-Te BY: , Cam• Deputy Clerk to the Boar EXCUSED M. J. Geile illiam H. Jerke Robert D. Masden Minutes, November 25, 2002 2002-3069 Page 4 BC0016 Hello