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Home My WebLink About20022410.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 4, 2002 TAPE #2002-28 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 4, 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- EXCUSED Commissioner David E. Long, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Robert D. Masden Also present: Assistant County Attorney, Lee D. Morrison Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of August 28, 2002, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearing conducted on August 28, 2002, as follows: 1)A Site Specific Development Plan and Final Plan for a four (4) lot Minor Subdivision, MF#1006- Blue Sky Estates, Guy Jensen, do The Bell 5 Land Company, Attn: Kirk Goble. Commissioner Jerke 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 Masden seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. 2002-2410 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,289,759.79 Electronic Transfers - All Funds $1,049,648.45 Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. BIDS: PRESENT BIDS: Mr. Warden stated there are no bids to present. NEW BUSINESS: CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- KELLY FARMS, LLC: Christopher Woodruff, Assessor's Office, stated this is an abatement request for 63 lots which were incorrectly assessed as though they were developed, and they should have been valued at a lower rate for 2001. He stated the amounts shown on the petition are per lot for a total abatement amount of $37,143.54. Commissioner Geile moved to approve said petition as recommended by staff. Commissioner Masden seconded the motion, which carried unanimously. CONSIDER TASK ORDER RENEWAL LETTER#1 FOR MATERNAL AND CHILD HEALTH SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and Environment, stated this is a continuation of funding supported through Title V pass through funds, in the amount of$114,823. He stated this funding will provide prenatal and child health programs, including education and counseling, the increase of early entry into prenatal care, and maintaining the Health Department's status as a Presumptive Eligibility site. Dr. Wallace stated the funding will also be used to provide continuing education for car seat safety and inspection check points,written materials for parents, and education to parents in immunization clinics. He stated they are currently serving 250 women, and the term of this renewal letter is from October 1, 2002, through September 30, 2003. Commissioner Geile moved to approve said task order renewal letter#1 and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TASK ORDER RENEWAL LETTER #2 FOR HEALTH CARE PROGRAM FOR CHILDREN WITH SPECIAL NEEDS AND AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this renewal letter is also for Title V pass through funds, in the amount of$133,328. He stated these funds will be used to provide case finding, community outreach, care coordination, clinic management, program management, parent and family involvement, and interagency collaboration to children and their families who are determined to be eligible for services. He stated there are approximately 250-320 people involved in the program, and staff will attempt to more accurately identify any others who may eligible. Commissioner Masden moved to approve said task order renewal letter#2 and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it carried unanimously. CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT APPLICATION FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Gary Rathke, District Attorney's Office, stated this application is requesting $152,068, which will provide approximately half of the Victim/Witness Program funding. Commissioner Geile moved to approve said grant application and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. Minutes, September 4, 2002 2002-2410 Page 2 BC0016 CONSIDER VIOLENCE AGAINST WOMEN ACT(VAWA)GRANT APPLICATION FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Rathke stated this is a new source of funding for 2003. He stated the Victim/Witness Program will not change; however, they are requesting consideration of this funding to cover the program shortfall, in the amount of$10,832. Commissioner Jerke moved to approve said grant application and authorize the Chair to sign. The motion, which was seconded by Commissioner Masden, carried unanimously. EMERGENCY ORDINANCE#224-A, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2002: Mr. Warden reviewed the summary, marked Exhibit A, for the record. He read said ordinance text for the record as required by State statute. No public testimony was offered concerning this matter. Commissioner Geile moved to approve Ordinance#224-A on an emergency basis. Commissioner Jerke seconded the motion, which carried unanimously. PLANNING: CONSIDER REQUEST FROM CATTAIL CREEK GROUP, LLC, C/O GEORGE DUBARD, TO PRE- ADVERTISE CHANGE OF ZONE#613: Sheri Lockman,Department of Planning Services,stated planning staff inadvertently neglected to notify the surrounding property owners for this case, which resulted in a delay in consideration by the Planning Commission. Commissioner Masden moved to approve said pre- advertisement request,and to set the hearing date for October 2,2002,at 10:00 a.m. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER REQUEST FOR EXTENSION OF PLANNED UNIT DEVELOPMENT FINAL PLAN SUBMITTAL - HARVEY MARKHAM: Chris Gathman, Department of Planning Services, stated the applicant is requesting an extension of the submittal of the PUD Final Plan. He stated Change of Zone #545 was approved by the Board on August 9, 2002, and the applicant has indicated the PUD Final Plan application will be submitted by October 15, 2002. In response to Commissioner Geile, Mr. Gathman gave a brief description of the location of the site. Commissioner Jerke moved to approve said submittal extension request from Harvey Markham. Commissioner Geile seconded the motion, which carried unanimously. SECOND READING OF CODE ORDINANCE #2002-6, IN THE MATTER OF AMENDING THE WELD COUNTY CODE,SPECIFICALLY,CHAPTER 22, COMPREHENSIVE PLAN:Commissioner Geile moved to read Code Ordinance #2002-6 by title only. Commissioner Jerke seconded the motion, which carried unanimously. Lee Morrison, Assistant County Attorney, read said title for the record. Carol Harding, Deputy Clerk to the Board, submitted and reviewed a summary of issues which still need to be addressed, marked Exhibit O. Following discussion,the Board indicated a preference to modify Section 22-1-50.C.2.d to replace the words"rely, in part"with"consider."(Switched to Tape#2002-29.) They also concurred that Section 22-1-140 remain as proposed by the Planning Commission and Comprehensive Plan Committee. As discussed in previous work sessions, Monica Mika, Director of Planning Services, clarified that the definition of Urban Growth Nodes should be moved and added as Section 22-2-100.F. Ms. Harding provided copies of the appendices,and the Board indicated acceptance of the addition of Appendices 22-D and 22-I regarding the 2000 Base Economic Analysis and the Weld County Agricultural Study Committee Summary. Ms. Harding also referenced Section 22-4-50 regarding Air Goals and Policies. She explained the current designation is the same as that used for the Agricultural Goals and Policies. Following discussion, the Board indicated the designation should be changed to AIR. Arlan Marrs, Comprehensive Plan Committee member, stated Karla Grieser, Comprehensive Plan Committee member, has also reviewed the revised document following the work sessions and has submitted a summary of minor inconsistencies, marked Exhibit N, which will need to be reviewed by third reading. He stated he is still concerned with removal of the language for"highest and best use."He stated the current text is too encompassing, and the more restrictive language would assist in protecting the Minutes, September 4, 2002 2002-2410 Page 3 BC0016 County from applicants being able to say their private property rights have been taken away. Commissioner Geile commented that the"highest and best use" is only one methodology for valuing land. He stated by working to protect the private property rights and the health, safety and welfare of County residents gives the County flexibility which he feels is important. In response to Commissioner Jerke, Mr. Marrs stated the reference to "highest and best use" was located on page three of the Preface and in paragraph Eon page 12. Mr. Morrison stated the Board is required to protect the rights of private property owners; however,that does not mean that noxious uses are afforded protection. Responding to Mr. Marrs, Ms. Harding stated the third reading is scheduled for September 23,2002. Commissioner Geile suggested the Department of Planning Services and the County Attorney work with the Committee to review any additional inconsistencies for third reading, and make the changes available prior to third reading. Commissioner Geile commended the Comprehensive Plan Committee, Planning Commission,and County staff for their efforts in completing this project. Commissioner Jerke concurred and added he does not want it to appear as a double-hurdle where both"available and obtainable"are used in the Comprehensive Plan. Commissioner Masden commended the individuals who have been involved in creating a document which he feels will serve the County for many years. Commissioner Long stated this document has evolved and adapted, and although there have been differences of opinion, he feels the variety lends to creating a better document which will guide future development and growth in the County. Commissioner Geile moved to approve Code Ordinance#2002-6 on second reading with the changes as determined throughout the previous work sessions. His motion also included the changes discussed above. 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 #2002-6 was approved on second reading, with changes. 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 10:25 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST��^�� ' `` EXCUSED GI Vaad, Ch Weld County Clerk to th, .o. r WI 4 , David E. L g, Pro-Te BY: /i i :\1�t' Deputy Clerk to the Board r M. J. eile —/ (77-- 17m H. Jet_ ce `�� Robert Masden Minutes, September 4, 2002 2002-2410 Page 4 BC0016 Hello