HomeMy WebLinkAbout20022549 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 16, 2002
TAPE #2002-30
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 16, 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
Commissioner William H. Jerke
Commissioner Robert D. Masden - EXCUSED
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 September 11, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on September 10, 2002: 1) Violation Hearings; and hearings conducted on September 11,
2002: 1)A Site Specific Development Plan and Use by Special Review Permit#1386, Brett and Chrisann
Reese; and 2) A Site Specific Development Plan and Use by Special Review Permit #1347, Aggregate
Industries West Central Region, do Banks and Gesso, LLC. Commissioner Geile seconded the motion,
which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
2002 GOVERNOR'S COLORADO CARES VOLUNTEER SERVICE AWARDS - ROGER HARBERT,
DEEANN MIDCAP, NORMA ALKIRE, ANN HEIMAN, CAROL KARRE, DR. RHOTEN SMITH, FRIENDS
OF THE GREELEY MUSEUMS, GREELEY CHILDREN'S CHORALE BOARD OF DIRECTORS, RSVP
SHOP PROGRAM,AND VICTIM ASSISTANCE TEAM: Chair Vaad stated this presentation is sponsored
by Governor Bill Owens recognizing various individuals and organizations for their volunteer services.
Chair Vaad presented the Good Samaritan Award to Roger Harbert for providing a community furniture
2002-2549
BC0016
bank; the Health Award to DeeAnn Midcap for her efforts in the hospice center of North Colorado Medical
Center; and the Centennial Award to Ann Heinman for 70 years of service in the community. Chair Vaad
stated Carol Karre, Norma Alkire, and Dr. Rhoten Smith could not be present; however, Ms. Karre was
recognized for the Children/Youth Award for her involvement in 4-H and youth activities, and Ms. Alkire
and Dr. Smith were recognized for the Education and Health Awards, respectively. Chair Vaad presented
the Friends of the Greeley Museums volunteers with the Community Pride Award. Ann Norman spoke on
behalf of the group by stating they take pride in preserving the past of this community. The Greeley
Children's Chorale Board of Directors was present to receive the Arts and Culture Award. Bev Bell
accepted the award on behalf of the Board of Directors and stated this is the 13th season for the Chorale,
which works with children in grades three through eight to provide training and experience with choral
music. Chair Vaad presented the Victim Assistance Team, Greeley Police Department with the Civic
Award. John Bates stated the Team has assisted approximately 3,500 victims and donated 16,000 hours
of volunteer service. Chair Vaad presented the Seniors Award to the five volunteers present for the
RSVP's SHOP Program. Pam Brown, United Way, explained ten volunteer nominees were forwarded to
State, and noted that two of the nominees won eleven of the awards presented at the State. She thanked
Vicky Sprague, Commissioners Office, and commended all the volunteers for their efforts and service.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $771,369.12
Electronic Transfers -All Funds $1,091.35
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER RESOLUTION RE: CONSENT TO ENFORCEMENT BY THE BERTHOUD FIRE
PROTECTION DISTRICT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS, WITH
AMENDMENTS, WITHIN THE DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY
(CON'T FROM 08/28/2002): Bruce Barker, County Attorney, stated this item was continued to allow input
from the Little Thompson Water District and responses from the Berthoud Fire Protection District. Steve
Charles, Fire Chief for Berthoud Fire Protection District, stated he has received no response from the Little
Thompson Water District, and when he called yesterday they had not reviewed the request. Mr. Charles
stated they have held a public meeting and received no objections. In response to Commissioner Geile,
Mr. Charles stated they have not made any modifications to the 1997 Fire Code; it was adopted in its
entirety. No public testimony was offered concerning this matter. Commissioner Geile moved to approve
said Resolution. Commissioner Long seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CATERPILLAR FINANCIAL
SERVICES CORPORATION: Duane Robson,Assessor's Office,stated the leasing company reported this
equipment; however, the lessee also registered the equipment, which resulted in a double assessment.
Commissioner Long moved to approve said petition as recommended by staff. Commissioner Jerke
seconded the motion, which carried unanimously.
Minutes, September 16, 2002 2002-2549
Page 2 BC0016
CONSIDER EXPENDITURE AUTHORIZATION AND MODIFICATION REQUEST FOR WAGNER
PEYSER ADJUSTMENT FUNDS AND WAGNER PEYSER 10% SPECIAL NEEDS GROUPS AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this modification
request will add $41,286.78 to the existing resources to provide basic labor exchange services to
employers and job seekers. The modification also requests an additional $40,000 for Special Needs
Funds to provide enhanced and focused basic labor exchange and intensive services to individuals with
disabilities, offenders, and non-English speaking clients seeking assistance. Commissioner Long moved
to approve said Expenditure Authorization and Modification Request and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO WORKFORCE INVESTMENT ACT CONTRACT AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated all the counties are being required by the State to amend their
contracts to clarify the services provided under various programs, and the actions to be taken in the event
State FTE vacancies occur in County-operated regions. Responding to Commissioner Geile, Mr.
Speckman stated these changes do not apply to Weld County, but it does establish the procedures.
Commissioner Jerke moved to approve said amendment and authorize the Chair to sign. The motion was
seconded by Commissioner Long, and it carried unanimously.
CONSIDER APPLICATION FOR 2003 IMMUNIZATION GRANT AND AUTHORIZE CHAIR TO SIGN:
Linda Henry, Department of Public Health and Environment, stated this application is requesting funds in
the amount of$5,863.69, for a term beginning October 1, 2002, through June 30, 2003. She stated the
funds will be used to provide immunization clinics in three outlying school district areas. Commissioner
Long moved to approve said application and authorize the Chair to sign. The motion,which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 17 AND AUTHORIZE CHAIR TO SIGN -WOODY KISLOWSKI: Frank Hempen, Jr.,
Director of Department of Public Works, stated this Nonexclusive License Agreement is for the Upgrade
and Maintenance of Weld County Road 17 from Weld County Road 96 north for one-half mile to access
Mr. Kislowski's property. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner
Geile moved to appoint Danny Sandoval to the Regional Communications Advisory Board, with a term
ending December 31, 2003. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) AND AUTHORIZE CHAIR TO SIGN - ISLAND GROVE REGIONAL TREATMENT
CENTER: Mr. Warden stated the County received $110,000 in Community Development Block Grant
(CDBG)funds to purchase the equipment for the Island Grove Regional Treatment facility. He stated this
Memorandum of Understanding spells out the terms and conditions of the subgrantee, and specifies that
the ownership will transfer to Island Grove after 10 years if the use remains the same. Mr.Warden stated
if there is any disallowance, Island Grove will be required to reimburse the County, and added the
equipment will be under warranty by the manufacturer, not the County. In response to Commissioner
Jerke, Mr. Warden stated Island Grove withdrew its request for general funds in this year's budget due to
the receipt of these grant funds and the land that was also provided by the County. Commissioner Long
moved to approve said Memorandum of Understanding and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, September 16, 2002 2002-2549
Page 3 BC0016
PLANNING:
CONSIDER RECORDED EXEMPTION#3333-GREG AND PATTY REEVES: Carla Angeli, Department
of Planning Services, stated staff recommends denial of this and the two following items of business. She
stated the three Recorded Exemptions will divide 240 acres into three 80-acre parcels and result in six
buildable lots. She stated this request appears to be an evasion of the Subdivision Process, and will not
be required to make the appropriate improvements. She gave a brief description of the location of the site
and surrounding uses. Ms. Angeli stated a Nonexclusive License Agreement is required as a Condition
of Approval for Recorded Exemption #3333 to provide access along the section line for Weld County
Road 25. She explained Recorded Exemptions #3334 and #3335 will have access from Weld County
Road 110, and all of the lots will utilize wells and septic systems. Responding to Commissioner Geile, Ms.
Angeli stated the three parcels will be 80-acre lots and the Recorded Exemptions will allow six lots rather
than three. Don Carroll, Department of Public Works, stated Weld County Road 25 is designated as a
Section Line access, which is not maintained by Weld County. He further stated Weld County Road 110
is a local gravel road maintained by Weld County and will provide adequate access to the lots for Recorded
Exemptions #3334 and #3335. Chair Vaad advised Patty Reeves, applicant, that she has the option of
continuing this matter to a date when the full board will be present. However, if she decides to proceed
today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen
to the record and make the determining vote. Ms. Reeves indicated she would like to proceed today. She
stated this will not create a higher density than what the Recorded Exemption process allows,and the only
difference is that the parcels are contiguous and under the same ownership. She stated the survey will
ensure that each lot is 80 acres, and the Recorded Exemption process is adequate because there is no
public water or sewer in the area, there is no paved access to any of the parcels, and she feels the use
will be compatible because they intend to keep the larger lots in agricultural production. Ms. Reeves stated
they have farmed for 22 years, and they have experienced hail, drought, and low crop yields and prices,
and this request will allow them to continue agricultural operations in Weld County. Responding to Chair
Vaad, Ms. Reeves stated there is a recorded easement on both sides of the section line, and they no
longer own the lot located south of Recorded Exemption#3333. She further stated she has reviewed and
agrees with the Conditions of Approval as proposed by staff. Responding to Ms. Reeves, Mr. Carroll
stated the Nonexclusive License Agreement would provide access along the Section line using County
right-of-way if it exists. In response to Commissioner Geile, Ms. Reeves stated they will list the smaller
lots for sale, and currently intend to continue farming the larger lots, with the option to sell in the future,
if necessary. In response to Commissioner Jerke, Mr. Carroll stated they will research the existence of
right-of-way upon approval. Mr. Barker stated the access easements may be adequate regardless of
whether County right-of-way exists, and his only concern is that the adjacent land owner needs to be
notified of the increased use of the access easement. Chair Vaad expressed concern with involving a third
party,and Commissioner Jerke commented there will be adequate access using the easements or County
right-of-way. Commissioner Jerke moved to approve Recorded Exemption #3333 for Greg and Patty
Reeves, with the Conditions of Approval as recommended by staff. The motion was seconded by
Commissioner Long. Mr. Barker stated Condition#3.E addresses the Nonexclusive License Agreement;
however, if the access easements are utilized for access to Lot A, there needs to be an additional access
easement across Lot A, shown on the plat, to access Lot B. Ms. Reeves concurred; however, if there is
County right-of-way,they would prefer to use that for access. Mr. Barker suggested Condition of Approval
#3.E be amended to state, "The applicant shall complete a Nonexclusive License Agreement for the
upgrade and maintenance of Weld County Road 25 right-of-way. In the event that such Weld County
Road 25 right-of-way does not exist,the applicant shall submit to the Weld County Department of Planning
Services a copy of the deed, wherein, the applicant retained an access easement over property located
adjacent to and immediately south of Lots A and B of Recorded Exemption#3333,which access easement
benefits both lots. Additionally,a 30-foot wide joint access and utility easement extending across the west
side of Lot A of Recorded Exemption#3333 for the benefit of Lots A and B, shall be shown clearly on the
plat. The joint easement shall be dedicated for the use as shown using the language set forth in Appendix
24-F.E of the Weld County Code. The easement shall be graded and drained to provide all-weather
Minutes, September 16, 2002 2002-2549
Page 4 BC0016
access." Ms. Reeves stated they will likely extend along the west side of Lot A rather than the south side.
Commissioners Jerke and Long agreed to amend their motion to include the amendment to Condition
#3.E. There being no further discussion, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #3334 - GREG AND PATTY REEVES: Based on the previous
discussion Ms. Reeves stated there will be adequate access from Weld County Road 110 and she has
reviewed and agrees with the Conditions of Approval. Commissioner Long moved to approve Recorded
Exemption #3334 for Greg and Patty Reeves, with the Conditions of Approval as recommended by staff.
The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER RECORDED EXEMPTION #3335 - GREG AND PATTY REEVES: Based on the previous
discussion, Ms. Reeves stated she has reviewed and agrees with the Conditions of Approval.
Commissioner Long moved to approve Recorded Exemption#3335 for Greg and Patty Reeves, with the
Conditions of Approval as recommended by staff. The motion, which was seconded by Commissioner
Jerke, 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 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
_ WELD COUN COLORADO
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William H. Jerke
EXCUSED
Robert D. Masden
Minutes, September 16, 2002 2002-2549
Page 5 BC0016
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