HomeMy WebLinkAbout20021174.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 6, 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, May 6, 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 - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke - TARDY
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 1,2002,as printed. Commissioner Geile seconded the motion,and it 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 Geile seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MENTAL HEALTH MONTH- MAY 2002: Chair Vaad read the certificate proclaiming May 2002 as Mental
Health Month. Sally Warde stated she appreciates the support of the Board and public recognition to
promote education on mental health. Ms. Warde also introduced Alvina Derrera, past President of the
North Range Behavioral Health, Dr. Rhotten Smith, current Board Member, and Dr. Wayne Maxwell,
Executive Director.
(Clerk's Note: Commissioner Jerke is now in attendance.)
PUBLIC INPUT: There was no public input.
2002-1174
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $900,234.86
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PETROLEUM DEVELOPMENT
CORPORATION: Mary Hazen, Assessor's Office, stated there were two accounts for the same well and
after checking their records to confirm the duplication, staff recommends approval of this abatement.
Commissioner Jerke moved to approve said petition. Commissioner Geile seconded the motion, which
carried unanimously.
CONSIDER 2002 AGREEMENTS FOR#5310(CAPITAL EQUIPMENT)AND#5311 (ADMINISTRATION
AND OPERATIONS) GRANTS AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF
TRANSPORTATION: Walt Speckman, Director of Human Services, stated the Grant Agreement #5310
will provide increased services for seniors and the disabled population in Weld County, with a $16,000
match, and Grant Agreement#5311 is for administration and operational costs,with a match requirement
of$67,700. Commissioner Geile moved to approve said grant agreements and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MIGRANT HEAD START TRANSPORTATION
AND AUTHORIZE CHAIR TO SIGN - MESABILITY, DBA GRAND VALLEY TRANSIT: Mr. Speckman
stated MesAbility provided transportation in Mesa County last year and he has been pleased with their
work. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR EARLY HEAD START AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated this is a competitive grant application for funding the Early Head
Start Program. He stated, if received, the grant funds will provide services to pregnant mothers and their
children from birth to age three. He further stated they will work with parents in their homes and with
children in child care homes. In response to Commissioner Jerke, Mr. Speckman stated applications have
been submitted in the past; however, the County has not yet received funding. 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 CHANGE ORDER LETTER #1 FOR STATE PER CAPITA CONTRACT AND AUTHORIZE
CHAIR TO SIGN-COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Judy Nero,
Department of Public Health and Environment, stated due to an unexpected shortage of revenue, the
Colorado Department of Public Health and Environment has been directed to reduce their general fund
spending. She stated this fund reduction has resulted in a reduced appropriation from $253,257 to
$249,205,which is a net decrease of approximately$4,052. In response to Commissioner Geile, Ms. Nero
stated the original amount was$1.40 per person,and this change order letter reduces the amount to$1.37
per person. Commissioner Geile moved to approve said Change Order Letter and authorize the Chair to
sign. The motion, which was seconded by Commissioner Masden, carried unanimously.
Minutes, May 6, 2002 2002-1174
Page 2 BC0016
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR WCR 4 PROJECT AND AUTHORIZE
CHAIR TO SIGN - WILLIAM AND JOHN BRASSINGTON: Leon Sievers, Department of Public Works,
stated this is one of three remaining easements needed for the Weld County Road 4 project. Mr. Sievers
gave a brief description of the parcel to be obtained, which will cost $300. Commissioner Geile
commended Mr. Sievers for his work on this project. Commissioner Masden moved to approve said
Temporary Construction Easement and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
PORTIONS OF WCRS 104 AND 13 AND AUTHORIZE CHAIR TO SIGN - ROSE CAVALIERE AND
KEVIN LONG: Don Carroll, Department of Public Works, stated Recorded Exemption#3262 requires this
agreement as a Condition of Approval. He gave a brief description of the right-of-way to be upgraded and
maintained on Weld County Roads 104 and 13. In response to Commissioner Jerke, Robert Anderson,
Department of Planning Services, stated a referral response is typically sent to Larimer County; however,
he was not the planner for this Recorded Exemption, nor does he have a copy of the file. Commissioner
Jerke commented it is unusual to have a Nonexclusive License Agreement on a County line road.
Commissioner Jerke moved to continue said agreement until Wednesday, May 8, 2002, at 9:00 a.m., to
allow staff time to determine whether a response was received from Larimer County. The motion was
seconded by Commissioner Masden, and it carried unanimously.
CONSIDER AGREEMENT FOR WATER LINE SURVEY COSTS ALONG WCRS 13 AND 38 AND
AUTHORIZE CHAIR TO SIGN - CENTRAL WELD COUNTY WATER DISTRICT: Mr. Sievers stated that
under this agreement the County will share in the cost for a survey necessary in constructing a 36-inch
water line. He gave a brief description of the location for the line, and stated the survey is needed by the
Water District for the design and construction process, and Weld County will use the survey information
in the preliminary design for the Weld County Road 13 Corridor to minimize the impacts and conflicts
between the two projects. Commissioner Masden moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Geile, and it carried unanimously.
CONSIDER DUST BLOWING COMPLAINT - S21, T3N, R68W (MARK AND JACQUELYN EBERL): Mr.
Barker stated on April 23, 2002, staff received a complaint from Lorraine Tarver, regarding dust blowing
from property owned by Mark and Jacqueline Eberl. He gave a brief description of the location of the
properties involved. Tim Carney, Longmont Soil Conservation District, stated he inspected the property
on Thursday, May 2, 2002, and found the fields had been prepared for crops following normal practices;
however,due to unusually dry weather conditions,the seed had not established itself. Mark Eberl,property
owner, stated he would like to apologize to his neighbors and stated he has tried to resolve the problem
by planting grass seed; however, the weather did not cooperate. In response to Commissioner Geile, Mr.
Eberl stated he does hold water rights in the Highland Ditch, and there will be enough water to irrigate the
site; however, the water will not be delivered until mid-May. No public testimony was offeredconcerning
this matter. Mr. Barker stated there are five criteria which must be met in order to take action. He stated
it appears the property owner taken the necessary measures to resolve this problem, and the case can
be dismissed. Commissioner Jerke moved to dismiss the dust blowing complaint. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT TO UNDESIRABLE PLANT MANAGEMENT ADVISORY COMMISSION:
Commissioner Masden moved to appoint John Folsom to the Undesirable Plant Management Advisory
Commissioner, to replace Mary Miller, with a term expiring August 19, 2002. Commissioner Geile
seconded the motion, which carried unanimously.
Minutes, May 6, 2002 2002-1174
Page 3 BC0016
CONSIDER APPOINTMENT OF SHARON KAHL AS DEPUTY CLERK TO THE BOARD: Commissioner
Geile moved to appoint Sharon Kahl as a Deputy Clerk to the Board and rescind the appointment of
Kimberlee Schuett. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AUTHORIZE CERTAIN WELD COUNTY OFFICIALS TO HAVE ACCESS TO THE SAFE
DEPOSIT BOX AT WELLS FARGO BANK COLORADO- GREELEY: Mr. Warden stated this Resolution
will authorize Donald Warden, Carol Harding, Esther Gesick, and Donna Bechler to have access to the
safe deposit box, rented by the County from Wells Fargo Bank. Commissioner Masden moved to approve
said Resolution. Commissioner Geile seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-3, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE V SANITARY STANDARDS FOR JAIL
FACILITIES, TO CHAPTER 17 PUBLIC PLACES: Commissioner Geile moved to read Code Ordinance
#2002-3 by title only. Commissioner Masden seconded the motion,which carried unanimously. Mr. Barker
read said title for the record. No public testimony was offered concerning this matter. Commissioner Geile
moved to approve Code Ordinance#2002-3 on final reading. Commissioner Geile seconded the motion,
which carried unanimously. Commissioner Masden seconded the motion, which carried unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE #2002-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER 26
MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE: Commissioner Jerke moved to read
Code Ordinance #2002-4 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 at the second reading the applicant requested the option of withdrawing the 53-acre
Reynolds property. He stated there was also discussion regrading a correction to the figures listed in
Table 22.4 - Land Use Plan Distribution. He stated corrected figures were submitted to the Clerk to the
Board and have been incorporated into the version before the Board today. He stated prior to this meeting,
the applicant indicated they would like to amend their request and withdraw the Reynolds property.
Thomas Haren, AgPro Environmental Services, LLC, stated this request involves the Reynolds/Woods
application with 800 acres located north of Highway 66, and the Reynolds application with 53 acres south
of Highway 66. He stated they would like to withdraw the Reynolds application for 53 acres. Responding
to Commissioner Geile, Mr. Haren stated they are withdrawing that particular application due to timing and
the fact that it is an existing feedlot,which is for sale and adjacent to an existing dairy operation. No public
testimony was offered concerning this matter. Commissioner Masden moved to approve Code Ordinance
#2002-4 on final reading,with a direction to staff to amend the figures to reflect the withdrawn application.
Commissioner Jerke seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances #2002-3 and #2002-4 were 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, May 6, 2002 2002-1174
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
1 / WELD COUNTY, C LORADO
ATTEST: ) /��/'7// ,ilk , jt � X 0, a..,A
n � �Tjl/ ��� Glenn Vaad, Chair
Weld County Clerk to the :C:rd i3'
1861 '�-� ., EXCUSED
David E. L g, Pro-Tem
BY: ��
Deputy Clerk to the Boar\ =�e• , 2,7, kAL
M. J. ails
IQC1% 17
William H. Jerke
EXCUSED DATE OF APPROVAL
Robert D. Masden
Minutes, May 6, 2002 2002-1174
Page 5 BC0016
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