HomeMy WebLinkAbout20021102.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 29, 2002
TAPE #2002-16
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, April 29, 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 April 24, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on April 24, 2002, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit #1360, Western Mobile, Inc., c/o Hart Environmental; 2) A Site Specific Development Plan and
Second Amended Use by Special Review Permit #1125, Hall-Irwin Corporation; 3) A Site Specific
Development Plan and Use by Special Review Permit#1375, James Terry, do Jim Sell Design, Inc.; and
4) Change of Zone from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District, Olson Bros., LLC, do Todd Hodges Design, LLC. Commissioner Masden seconded the motion,
which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-1102
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $442,114.55
Electronic Transfers -All Funds $3,447,801.50
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CIT TECHNOLOGY FINANCING
SERVICES: Duane Robson, Assessor's Office, stated this was a duplicate leasing account and he
recommends approval of the petition. Commissioner Long moved to approve said petition as
recommended by staff. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR AGE-APPROPRIATE
TRAINING ACTIVITIES TO REDUCE TRAFFIC FATALITIES IN HIGH SCHOOL STUDENTS AND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriff's Office, stated this grant application is being
submitted to the Colorado Department of Transportation(CDOT)requesting$16,000. Mr. Poncelow stated
the funds will be used to conduct traffic awareness programs in high schools, and this is the first of three
years of funding. In response to Commissioner Masden, Mr. Poncelow gave a brief description of some
of the programs. Commissioner Masden moved to approve said application and authorize the Chair to
sign. The motion was seconded by Commissioner Geile, and it carried unanimously.
CONSIDER HIGHWAY TRAFFIC SAFETY PROJECT APPLICATION FOR TRAFFIC UNIT CONSISTING
OF FIVE OFFICERS AND ONE SUPERVISOR AND AUTHORIZE CHAIR TO SIGN: Mr. Poncelow stated
this is the third year of a traffic grant, there is a 25/75 match with CDOT, and the County is responsible for
$311,920, which is a slight increase to cover two pay raises. Responding to Commissioner Geile, Mr.
Poncelow stated the grant funds will be used to add one officer position for a total of five, and one
supervisor. Responding to Commissioner Jerke, Mr.Warden stated when the Board initially approved this
program, he provided a long range cost which was funded through December 31, 2002. He stated the
Board will need to reconfirm or alter the amount during the 2003 budget process, and the program will be
completely funded by the County under the 2004 Budget. Commissioner Jerke commented he would like
to review some documentation of hours involved, number of officers on the job, number of tickets
distributed, and warrants, to provide some monitoring to ensure the funds are spent accordingly. Mr.
Poncelow stated that information is kept as part of the grant process and he will provide the Board with
summaries. Commissioner Geile moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CONTRACT FOR ENGINEERING SERVICES FOR WELD COUNTY ROAD 15 AT
JOHNSTOWN AND AUTHORIZE CHAIR TO SIGN - KIRKHAM MICHAEL CONSULTING ENGINEERS:
Frank Hempen, Jr., Director of Public Works, stated under this contract Kirkham Michael Consulting
Engineers will be paid $26,435 to provide all necessary design work and services for projects scheduled
for the next year. Commissioner Jerke moved to approve said contract and authorize the Chair to sign.
The motion, which was seconded by Commissioner Masden, carried unanimously
Minutes, April 29, 2002 2002-1102
Page 2 BC0016
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 65 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
PROSPECT VALLEY FARMS, LTD.: Mr. Hempen stated under this agreement the County will purchase
approximately .013 acres as an easement needed for the adjustment of drainage improvements on the
Weld County Road 65 project. Commissioner Long moved to approve said agreement and authorize the
Chair to sign all necessary documents. Commissioner Geile seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO
WELD COUNTY ROAD 4 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - GEORGE
D. KILKER TRUST/CATHERINE NEWTON/NORAH BISHOP: Mr. Hempen stated under this agreement
the County will purchase approximately .044 acres of a permanent easement. The project will cost the
County $17,068 for the relocation of an irrigation ditch as part of the Weld County Road 4 project
scheduled for this year. Commissioner Masden moved to approve said agreement and authorize the Chair
to sign all necessary documents. The motion was seconded by Commissioner Jerke, and it carried
unanimously.
CONSIDER CHANGE ORDER LETTER#2 FOR FY2001-2002 RESIDENTIAL TRANSITION CONTRACT
ALLOCATION LETTER#02-19 AND AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections
Board,stated this contract is with the Division of Criminal Justice and will reduce the Residential Transition
funding for this year. In response to Commissioner Geile, Ms. Zuber stated the County has a subcontract
with the Villa to provide the services. Commissioner Geile moved to approve said change order letter and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NOTICE OF RENEWAL FOR COMMUNITY CORRECTIONS NONRESIDENTIAL INMATE
SUPERVISION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Commissioner Long moved to approve
said notice of renewal and authorize the Chair to sign. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER DUST BLOWING COMPLAINT-NW1/4NW1/4,1/4, S11,T4N, R66W (WESTERN EQUIPMENT
AND TRUCK, INC./WETCO FARMS, INC.): Mr. Barker stated a complaint from Laura Cook was received
regarding dust blowing from surrounding properties and causing damage on her property. Mr. Barker
stated the complaint was forwarded to the West Greeley Soil Conservation District to research and make
a recommendation. Mr. Barker gave a brief description of the two properties of concern,which are owned
by separate corporations,which have the same address and appear to be operated by the same individual.
In response to Commissioner Jerke, Mr. Barker stated the site is located near the intersection of Weld
County Roads 46 and 63. John Wicke, West Greeley Soil Conservation District, stated he reviewed the
complaint on April 22, 2002, because a complaint was also filed with the Farm Service Agency. Upon
review he found evidence that soil had blown into surrounding ditches and onto the Cook property;
however, the land operator was running a pivot sprinkler and had ripped and chiseled one of the fields to
correct the situation. Mr.Wicke stated he also visited the site on April 25, 2002,with the District Manager
and met with Ms. Cook to inform her that it appeared her neighbors were taking the necessary actions to
correct the problem. In response to Chair Vaad, Mr. Barker stated notices were sent by certified mail and
return receipts indicate they were all received. He stated the draft resolution lists the five items which must
be found before corrective action can be taken. He stated item #4 has been addressed, and based on
testimony from the Soil Conservation District, he recommends the matter be dismissed. In response to
Commissioner Geile, Mr. Barker stated although the problem has been addressed, the Board still needs
to make that determination and dismiss the case. Commissioner Jerke moved to dismiss the Dust Blowing
Complaint. Commissioner Long seconded the motion, which carried unanimously.
Minutes, April 29, 2002 2002-1102
Page 3 BC0016
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Geile moved
to appoint Dana Rutz to the Workforce Development Board, with a term expiring December 31, 2002.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER RESOLUTION RE: BAN OF OPEN FIRES WITHIN UNINCORPORATED AREAS OF WELD
COUNTY: Margie Martinez, Sheriff's Office, stated the Sheriff has indicated he would like to enforce a fire
ban on open fires unless the appropriate permits are obtained. She stated recent weather conditions have
resulted in several fires which have burned out of control. In response to Commissioner Geile, Ms.
Martinez stated the ban would also include agricultural ditch burning unless permits are granted, and she
added there are no designated fire zones. Commissioner Jerke commented he is not in favor of this
request because it is so early in the season and this would create a burden for the agricultural community.
Responding to Chair Vaad, Ms. Martinez reviewed the permitting process. Commissioner Masden
commented he concurs with Commissioner Jerke, and he feels there is room for an exemption of
agricultural burning. Chair Vaad commented the Board has an opportunity to protect life and property for
areas which are located adjacent to agricultural operations. Commissioner Long commented this is a good
proposition; however, he does not support the Resolution this early in the season because there is still so
much ditch burning to complete before the heavy irrigation season begins. Commissioner Geile
commented this process would create an awareness at the local jurisdiction of those who are intending
to burn and where. Commissioner Geile moved to approve said Resolution. The motion failed for lack
of a second.
PLANNING (OLD BUSINESS):
RECONSIDER REQUEST FROM JOHN KADAVY, CIO TODD HODGES DESIGN, LLC, TO PRE-
ADVERTISE CHANGE OF ZONE#632: Chair Vaad stated due to a scheduling conflict this item needs to
be reconsidered. He stated the Clerk to the Board recommends scheduling a hearing on June 19, 2002,
at 10:00 a.m. Commissioner Masden moved to approve said pre-advertisement request, and to
reschedule the hearing for June 19, 2002, at 10:00 a.m. Commissioner Geile seconded the motion,which
carried unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE #2002-2, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY,THE ADDITION OF ARTICLE XI II -AULT PLANNING AGREEMENT,
TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS: Commissioner Geile moved to read Code
Ordinance#2002-2 by title only. Commissioner Masden seconded the motion,which carried unanimously.
Mr. Barker read said title for the record. Robert Anderson, Department of Planning Services, stated staff
has no additional comments or changes to present since the second reading. No public testimony was
offered concerning this matter. Commissioner Geile commended the County Attorney for his efforts in
bringing this matter to completion. Commissioner Masden moved to approve Code Ordinance#2002-2 on
final reading. Commissioner Jerke seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance#2002-2 was approved on final 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, April 29, 2002 2002-1102
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WE L COUNTY,VOLO
ATTEST: gay ��� E/La Y.0
Gin Vaad, Chair
Weld County Clerk tot B.:
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David E. Lo , Pro-Te
BY:
Deputy Clerk to the Bo!1C
. J. eeile
XT Je�ke
Robert D. Masden
Minutes, April 29, 2002 2002-1102
Page 5 BC0016
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