HomeMy WebLinkAbout20022917.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 30, 2002
TAPE #2002-35
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 30, 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
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 October 28, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Geile moved to read Code Ordinance #2002-9 by tape.
Commissioner Long 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 Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF SOCIAL SERVICES- FRED RUTHERFORD: Chair
Vaad read the certificate recognizing Fred Rutherford for 37 years of service with the Department of Social
Services. Judy Griego, Director of Social Services, presented Mr. Rutherford with a pin and stated he has
provided significant contributions to the community while serving more than 5,000 households under the
Medicare Program. Mr. Rutherford stated during his time here there have been many changes in the
County; however, he has continued to enjoy working with various staff members and Commissioners
throughout the years.
2002-2917
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RECOGNITION OF SERVICES, SHERIFF'S OFFICE - ELVIN PATTEN: Chair Vaad read the certificate
recognizing Elvin Patten for 15 years of service with the Weld County Sheriff's Office. Kim Fliethman,
Weld County Sheriff's Office, was present to accept the recognition on behalf of Mr. Patten.
COMMISSIONER COORDINATOR REPORTS: At the request of Commissioner Geile, Frank Hempen,
Jr., Director of Public Works, stated due to the recent snow storm, the Department of Public Works' road
crews started working at 10:00 p.m. and continued through the night. He stated they changed crews early
in the morning and were back on the roads by 7:00 a.m. He stated the ice has been a problem, so they
are continuing to spread skid control materials at the intersections.
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 $246,108.43
Electronic Transfers - All Funds $2,565,519.92
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT MOTORGRADER BLADES BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden presented
the six bids received. Said bids will be considered for approval on Wednesday, November 13, 2002.
APPROVE 2002-2003 WINTER SEEDING AT VARIOUS LOCATIONS BID-DEPARTMENT OF PUBLIC
WORKS: Mr. Warden stated the Department of Public Works recommends approval of the low bid from
Custom Services of Colorado, in the amount of$30,739.50. Commissioner Jerke moved to approve said
bid as recommended by staff. Commissioner Geile seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLORADO CORN
ADMINISTRATIVE COMMITTEE: Michael Sampson,Assessor's Office, stated this property is State land
and is, therefore, exempt. Commissioner Geile moved to approve said petition as recommended by staff.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - THOMAS PFANKUCH: Mr.
Sampson stated staff recommends denial of this petition because the petitioner did not own the property
as of January 1, 2001, and the appraisal staff feels the value is fair. Thomas Pfankuch, petitioner, stated
they purchased this property as part of the County tax sale. He stated he invested a large amount of
money to comply with municipal regulations,as well as bring the building up to code. He further stated his
proposed value is consistent with the price for new construction on a building this size. Mr. Sampson
stated the 2002 valuation amounted to half of what the petitioner purchased the property for in 2001.
Responding to Commissioner Geile, Mr. Sampson stated this property was tax exempt at one time, and
later classified as a commercial property with a residence. He further stated it is currently listed as
residential with an income-producing property. Mr. Pfankuch clarified the classification was changed from
commercial to residential after he had purchased and remodeled the property, as of January 1, 2002.
Commissioner Jerke moved to deny the petition of Thomas Pfankuch, as recommended by staff, because
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if the property was not worth the listed price, the petitioner would not have paid that amount.
Commissioner Masden seconded the motion, which carried unanimously. Mr. Barker informed Mr.
Pfankuch of his right to appeal to the Board of Assessment Appeals.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RANDY AND SANDRA FISCUS:
Mr. Sampson stated the petitioner has submitted adequate evidence that this property was being farmed
by a third party and should have been classified as agricultural. Commissioner Long moved to approve
said petition as recommended by staff. The motion, which was seconded by Commissioner Masden,
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CATFISH, LLC, CARPFISH, LLC,
AND SUCKER, LLC: Mr. Sampson stated the ground on this property is considered contaminated,and due
to the cost to remedy the situation, staff feels the property value is significantly reduced and the abatement
should be granted. Responding to Commissioner Geile, Mr. Sampson gave a brief description of the
location of the site, and explained the contamination was caused by an underground oil and gas leak. He
stated this factor will be taken into consideration for future assessments until the site is cleaned and
returned to the tax rolls. Commissioner Geile moved to approve said petition as recommended by staff.
The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION FOR WAGNER PEYSER ADJUSTMENT
FUNDS AND EXPENDITURE AUTHORIZATION FOR WORKFORCE INVESTMENT ACT (WIA) 10%
PERFORMANCE INCENTIVE FUNDS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of
Human Services, stated this modification is requesting two increments of funding for Wagner Peyser, to
be used to provide basic labor exchange services to employers and job seekers in Weld County. The
expenditure authorization is for WIA funds which will be used to enhance the Adult, Dislocated Worker,
and Youth Programs in Weld County, as well as support the administrative costs. Commissioner Masden
moved to approve said Expenditure Authorization Modification and Expenditure Authorization and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TASK ORDER FOR TUBERCULOSIS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr.
Mark Wallace, Director of Department of Public Health and Environment, stated the Department of Public
Health and Environment has received notice that it is eligible to receive Federal funds through the Center
for Disease Control, which are being passed through the State Health Department to the local level. He
stated the money will be used to continue funding a staff position which was created through the
Cooperative Task Order which is soon to expire. Dr. Wallace stated the position will be funded into 2003,
and the remainder of the funds, in the amount of$14,582.00, must be spent prior to October 30, 2003.
Commissioner Long moved to approve said Task Order and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER TASK ORDER OPTION TO RENEW LETTER #2 FOR AIR POLLUTION CONTROL
DIVISION/MONITORING PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this renewal
letter will fund the Air Quality Program as it currently exists. He stated they operate under State protocol
and guidelines,conducting inspections and providing enforcement and surveillance of stationary sources.
Dr. Wallace stated the term of this renewal letter will begin January 1, 2003, and end December 31, 2003,
in the amount of $67,711.80. He further stated the scope of work will not change and there will be
additional funding. In response to Commissioner Jerke, Dr. Wallace stated this program will continue to
do air monitoring, send filters for processing and changing, and review stationary sources. Mr. Warden
stated the Air Monitoring Program will not be amended until responses are received from the various
entities involved. Responding to Commissioner Jerke, Dr. Wallace concurred that this contract will be
Minutes, October 30, 2002 2002-2917
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contingent upon any changes that may happen at the State level because under this contract the Health
Department operates entirely as an agent of the State. Dr. Wallace stated this does not apply to mobile
sources. Commissioner Geile moved to approve said renewal letter and authorize the Chair to sign. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER TASK ORDER CHANGE ORDER LETTER #2 FOR FAMILY PLANNING PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this change order letter will provide additional funding
from the Federal Title X Program through the Colorado Department of Public Health and Environment.
He stated the additional funding, in the amount of $12,592, will be applied toward personnel costs and
program costs for both men and women. Dr. Wallace stated the term of this change order letter began
July 1, 2002, and will end June 30, 2003. Commissioner Long moved to approve said change order letter
and authorize the Chair to sign. The motion was seconded by Commissioner Masden, and it carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR CONSULTANT PHARMACIST SERVICES
AND AUTHORIZE CHAIR TO SIGN - CHRISTOPHER HARTZ: Dr. Wallace stated this agreement is
required by the State because the Health Department dispenses antibiotics, as well as medications for
family planning. Dr. Wallace stated the consultant pharmacist oversees formulary, dispensing, etcetera.
He stated the consultant will also participate in emergency preparedness of bioterrorism. Responding to
Commissioner Geile, Dr. Wallace stated this program is separate from the services provided through
Sunrise. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR GRADING SERVICES AND AUTHORIZE CHAIR TO SIGN -TOWN OF
KERSEY: Frank Hempen, Jr., Director of Department of Public Works, stated under this agreement, the
County will maintain Weld County Road 55 for one-half mile from Weld County Road 54 north to the U.S.
Highway 34 Frontage Road. Commissioner Geile moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AMENDMENT TO BYLAWS FOR FAIR BOARD: Bruce Barker, County Attorney, stated this
amendment will change the membership from a Cache La Poudre FFA member to any Weld County FFA
Chapter member. Commissioner Long commented in the past it has been difficult to get FFA members
in attendance, and the following appointments will designate one specific FFA member. Commissioner
Long moved to approve said amendment. Commissioner Geile seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Commissioner Long moved
to appoint Jim Dwyer, Randy Spaedt, and Judy Stevens, and to reappoint Gordan Ledall, Barbara Carter,
and Jane Evans Cornelius to the Fair Board, with terms expiring September 30, 2005. Commissioner
Jerke seconded the motion, which carried unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE EATON FIRE PROTECTION DISTRICT OF
THE 1997 UNIFORM FIRE CODE AND STANDARDS,WITH AMENDMENTS,WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated the Eaton Fire Protection District
has adopted the 1997 Uniform Fire Code, with some amendments, and is requesting the Board of
Commissioners consent to enforcement in the unincorporated areas of Weld County within the District's
boundary. Mr. Barker stated initially he had expressed concern with the amount of water available in the
area; however, it appears that has been addressed through the amendments. Mr. Barker stated the 1997
Uniform Fire Code has also been adopted by the Town of Eaton, following a series of notices and public
Minutes, October 30, 2002 2002-2917
Page 4 BC0016
hearings. Harry Zeitlin and Andy Moorehead were present to address this matter. Mr. Zeitlin stated they
have come to an agreement with the North Weld County Water District regarding ways to provide water
within the unincorporated areas of the District, which will be reasonable for rural housing. Responding to
Commissioner Geile, Mr. Zeitlin stated the amendments dealt primarily with hydrant placement to
accommodate the small municipality and surrounding rural areas. He reviewed the District boundaries for
the record, and stated there is typically 500 feet between fire hydrants, but they can allow for flexibility on
a case-by-case basis. He further stated they also have other options to supplement the water supply, if
needed, in the event of a small water line. No public testimony was offered concerning this matter.
Commissioner Geile moved to consent to the enforcement by the Eaton Fire Protection District of the 1997
Uniform Fire Code and Standards,with amendments. The motion was seconded by Commissioner Long,
and it carried unanimously.
PLANNING:
FIRST READING OF CODE ORDINANCE #2002-9, IN THE MATTER OF REPEAL AND REENACT,
WITH AMENDMENTS, CHAPTERS OF THE WELD COUNTY CODE, SPECIFICALLY, CHAPTER 23
ZONING, CHAPTER 24 SUBDIVISIONS, CHAPTER 26 MIXED USE DEVELOPMENT, CHAPTER 27
PLANNED UNIT DEVELOPMENT, AND CHAPTER 29 BUILDING REGULATIONS: Chair Vaad clarified
Code Ordinance #2002-9 had been read by tape. Robert Anderson, Department of Planning Services,
stated this amendment includes various changes throughout the code regarding the following: 1)definition
and permitting process of commercial vehicles, construction sales, trailers, and manufactured structures;
2) word change from "gravel and asphalt" to "pavement"; 3) amended and streamlined mobile home
permitting/review process;4)rewrite and simplification of the subdivision and exemption sections;5)a new
section regarding commercial towers; and 6) addition of language to require the surveying of all lots of a
Recorded Exemption. Mr.Anderson stated one item proposed for consideration,which was not addressed
by the Planning Commission or at the previous Board work sessions, is Section 23-1-90 regarding
definitions, specifically home occupations. He stated the modification involves the addition of a paragraph
regarding the storage of vehicles. No public testimony was offered concerning this matter. Commissioner
Masden moved to approve Code Ordinance#2002-9 on first reading. Commissioner Geile seconded the
motion, which carried unanimously.
CONSIDER VACATION OF RECORDED EXEMPTION #2664 - GUDKA/SACK: Sheri Lockman,
Department of Planning Services, stated the applicants have reconsidered this proposal and now intend
to do a three-lot Recorded Exemption,and approval is conditional upon this vacation. Commissioner Long
moved to vacate Recorded Exemption#2664. 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, October 30, 2002 2002-2917
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
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GI �Vaad, Chair
Weld County Clerk to the B� {g dP $)r;' '
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David E. ng, Pro-Tern
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Deputy Clerk to the Board
M. i. G-ile
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Will
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Robert
D. Masden
Minutes, October 30, 2002 2002-2917
Page 6 BC0016
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