HomeMy WebLinkAbout20021782.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 1, 2002
TAPE #2002-21
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, July 1, 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 June 26, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on June 26, 2002, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1385, William Ward; and 2) Change of Zone #602 from the A (Agricultural) Zone District to the
PUD(Planned Unit Development), Mike Siegrist. Commissioner Long seconded the motion,which carried
unanimously.
ADDITIONS TO AGENDA: The following was added to the agenda under New Business: 10) Consider
Declare Certain Real Estate as Surplus Property, Consider Contract to Buy and Sell Real Estate for Zion
Street Property and authorize Chair to sign - Ford Land and Property Management [2002-1788].
Additionally, the following was added under Planning: 4) Reconsider the Application of Mike Siegrist for
Change of Zone#602 from the A(Agricultural)Zone District to the PUD (Planned Unit Development)Zone
District for the purpose of considering the referral and testimony of the Town of Mead and any testimony
of the applicant or members of the public relating to new evidence presented by the Town of Mead and
set hearing date [2002-1789]
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2002-1782
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $784,313.86
Electronic Transfers -All Funds $1,012,971.68
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL AGREEMENT FOR SATELLITE ELIGIBILITY DETERMINATION SITE FOR
CHILD HEALTH PLAN PLUS AND AUTHORIZE CHAIR TO SIGN - CHILD HEALTH
ADVOCATES/POLICY STUDIES, INC.: Mark Wallace, Director of Public Health and Environment, stated
this is an addendum to the Memorandum of Understanding with Policy Studies, Inc., under which the
Department of Public Health and Environment serves as a satellite site for the Child Health Plan Plus.
Dr.Wallace stated they assist families in applying for insurance,and determine their eligibility and payment
schedule. He stated the Child Health Advocates group is attempting to get all contracting agencies on the
same terms, and this six-month extension will put the County on an annual renewal term. Dr. Wallace
explained the program connects participants with funding sources for child health care. In response to
Commissioner Geile, Dr. Wallace stated the three main clinics working with this program are Monfort
Children's Clinic, Sunrise Community Health Center and the Residency Training Center. He stated they
are trying to increase the number of eligible children in the County. He further stated currently
approximately 70 percent of the eligible children in the County have been successfully enrolled in this
program. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TASK ORDER FOR BIOTERRORISM RESPONSE AND AUTHORIZE CHAIR TO SIGN: Dr.
Wallace stated this is the first Task Order for this program and, if approved, it will become part of the
Master Contract. Dr. Wallace stated the U.S. Department of Health and Human Services has awarded
the State of Colorado with funds for Public Health Preparedness and Response for Bioterrorism activities.
He stated the plan was approved by the Center for Disease Control, and this task order will provide
$91,619 for this phase, with two additional phases. He stated this task order allows the County to invoice
the State for training, and to recoup any costs which have been incurred since September 11, 2001. He
further stated the funds will also be used to develop and implement emergency preparedness plans. In
response to Commissioner Geile, Dr. Wallace stated this money was granted before the President began
forming the new Home Land Security Department, and it has not yet been determined whether the funds
will be designated to the new Department. He stated if the funds are rerouted, he hopes it will still
ultimately be forwarded back to the counties. Chair Vaad suggested this item be clarified as Bioterrorism
Response. Commissioner Jerke moved to approve said task order and authorize the Chair to sign. The
motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER ENTRY ON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Frank Hempen, Jr., Director of Public Works, stated approval of this request will allow staff
to enter onto private lands for weed enforcement measures, if necessary. Commissioner Geile moved to
approve said entry. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER ACCEPTANCE OF QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN-RODNEY AND
DIANE WOLFE: Mr. Hempen stated this is for the final improvements to Weld County Road 24.5. He
stated this Quit Claim Deed is for a tract of land needed on the west end to make a perpendicular
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connection to Weld County Road 73. Commissioner Geile moved to accept said Deed of Dedication and
authorize the Chair to sign. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER COMMUNITY CORRECTIONS CHANGE ORDER LETTER #4 FOR RESIDENTIAL
DIVERSION AND AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board, explained
the State fiscal year ended on Friday, June 28, 2002. She stated this change order will allow the
Community Corrections Board to complete the contract for fiscal year 2002 to 2003. She clarified that the
program was not over spent; however, there have been several change orders where the State has taken
money away from the program. She stated expenditures were higher in May and June, and after
discussion, it was determined they should transfer in $44,000 to cover the additional expenses.
Commissioner Long moved to approve said change order letter and authorize the Chair to sign. Seconded
by Commissioner Geile, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR TWO SHARES OF LUPTON BOTTOMS DITCH RIGHTS AND
AUTHORIZE CHAIR TO SIGN - CORKY CANTRELL, ARNIE HART, AND BILL LEWIS: Lee Morrison,
Assistant County Attorney, stated under this agreement, other users of the ditch will be allowed to access
County water that is not currently being used, but is required for augmentation at the gravel pits near Fort
Lupton. He stated this arrangement will be reconsidered each year, and there is no guarantee that the
water will be made available in following years. Mr. Morrison explained Corky Cantrell is the president of
the ditch company, and this will establish a historic use of the water. In response to Commissioner Geile,
Mr. Morrison stated the County must show a historic use; however, he is not certain of the exact amount
available. Commissioner Jerke also inquired as to the consumptive use historically per share.
Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENTS TO NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL AND
TRAUMA SERVICES ADVISORY COUNCIL: Commissioner Long moved to appoint Dave Bressler and
Gary McCabe to the Northeast Colorado Regional Emergency Medical and Trauma Services Advisory
Council, with terms expiring June 30, 2004. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Geile moved
to appoint Joanne Fenton to the Workforce Development Board,with a term expiring December 31, 2002.
He commended Sue Bjordland for her efforts on the Workforce Development Board. Commissioner Long
seconded the motion, which carried unanimously.
CONSIDER CONSENT TO RESTRUCTURING OF AT&T CORP. ORGANIZATION CONCERNING AT&T
BROADBAND CABLE FRANCHISE HOLDERS: Cyndy Giauque, Assistant County Attorney,stated there
are several cable franchises in Weld County,which she reviewed for the record. Ms. Giauque stated AT&
T is a minority share holder in the US Cable of Texas, LP,franchise, and AT&T is planning to merge with
Comcast. She stated the separate franchises will continue to operate as they currently are; however, the
franchise agreement requires the franchise to notify the County of any activity. Wendy Farley, Attorney
for AT& T Broadband, stated all the franchises will remain in place and continue to operate the same. In
response to Commissioner Geile, Ms. Farley explained the franchise regulates cable services, and in
March the FCC declared that high-speed data(Internet)is no longer a cable service and it will now function
as a separate service. She further stated the FCC is considering how it will be regulate the interstate
services, and telephone services are regulated under the PUC. She reiterated this franchise change is
for cable television only. Responding to Commissioner Jerke, Ms. Giauque stated John Dill expressed
concerns re: payment of franchise fees, and whether the agreement terms are being complied with. She
stated upon reviewed, the file indicates the franchise fees are being paid and the terms of the agreement
are being followed. She further stated the terms of the agreement are not being renegotiated, and she
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Page 3 BC0016
has no concerns with this request. No public testimony was offered concerning this matter. Commissioner
Geile moved to consent to the restructuring of AT&T Corp. Commissioner Long seconded the motion,
which carried unanimously.
DECLARE CERTAIN REAL ESTATE AS SURPLUS PROPERTY,CONSIDER CONTRACT TO BUY AND
SELL REAL ESTATE FOR ZION STREET PROPERTY AND AUTHORIZE CHAIR TO SIGN - FORD
LAND AND PROPERTY MANAGEMENT, LLC/RICHARD PRESHAW: Mr. Warden stated the Drug Task
Force confiscated this home in Hill-N-park, and the property was listed with The Group, Inc. He stated The
Group agreed a three-percent fee would not be charged unless the property sold for more than $45,000.
Mr. Warden stated two bids were received in the amounts of $35,000 and $50,000. After review he
recommends the Board declare the Real Estate as surplus property because the County has no need for
it, and to accept the high bid and contract from Ford Land and Property Management, LLC, in the amount
of $50,000. Commissioner Jerke moved to declare said Real Estate as surplus property, approve the
contract to buy and sell real estate (Zion Street Property), and authorize the Chair to sign. Commissioner
Long seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR LANDSCAPING ONLY FOR SITE
PLAN REVIEW,SPR#310-NORFOLK IRON AND METAL COMPANY, DBA WINOGRAD'S STEEL AND
SUPPLY: Kim Ogle, Department of Planning Services, stated the required improvements have been
completed and he recommends the collateral for Site Plan Review, SPR #310, in the amount of
$24,100.00, be released. Commissioner Geile moved to cancel and release said collateral. Commissioner
Jerke seconded the motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR #346 - ECKSTINE ELECTRIC COMPANY, C/O MIKE ECKSTINE: Mr. Ogle
stated the Departments of Public Works and Planning have reviewed the Surety Bond submitted by
Eckstine Electric Company, do Mike Eckstine, and find the collateral to be adequate for the required
improvements. In response to Commissioner Geile, Mr. Ogle stated once this collateral is accepted, the
applicant will be able to obtain the necessary Building Permits, and a final inspection still needs to be
completed for the septic system. Commissioner Jerke moved to approve said Improvements Agreement
and accept the form of collateral for Site Plan Review, SPR #346. Commissioner Long seconded the
motion, which carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT
FORM OF COLLATERAL FOR DOS RIOS ESTATES, FILING 2, PHASE 3, S #385 - JOYCE ALLELY:
Mr. Ogle stated the Department of Planning Services received a Development Loan for Joyce Alley, in the
amount of $492,100.00, which staff feels is adequate to cover the necessary improvements.
Commissioner Long moved to approve said Improvements Agreement, authorize the Chair to sign, and
accept the form of collateral for Dos Rios Estates, Filing 2, Phase 3, S #385, for Joyce Allely.
Commissioner Jerke seconded the motion, which carried unanimously.
RECONSIDER THE APPLICATION OF MIKE SIEGRIST FOR CHANGE OF ZONE #602 FROM THE
A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE
DISTRICT FOR THE PURPOSE OF CONSIDERING THE REFERRAL AND TESTIMONY OF THE TOWN
OF MEAD AND ANY TESTIMONY OF THE APPLICANT OR MEMBERS OF THE PUBLIC RELATING TO
NEW EVIDENCE PRESENTED BY THE TOWN OF MEAD AND SET HEARING DATE: Commissioner
Jerke moved to reconsider the application of Mike Siegrist for Change of Zone #602 from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for the purpose of
Minutes, July 1, 2002 2002-1782
Page 4 BC0016
considering the referral and testimony of the Town of Mead and any testimony of the applicant or members
of the public relating to new evidence presented by the Town of Mead and to set a hearing date.
Commissioner Long seconded the motion,which carried unanimously. Chair Vaad clarified he will abstain
from any action on this matter because he was not present for the initial consideration. Bruce Barker,
County Attorney,stated the Intergovernmental Agreement with the Town of Mead requires referrals be sent
to the municipality regarding any proposed development within the area designated on a map which is
included in the Agreement. Mr. Barker explained that last week it was discovered that the Town of Mead
did not receive a referral and has expressed concerns regarding this development. He recommended
reconsideration of this matter be set for August 7, 2002, to allow Planning Staff adequate time to send a
referral to the Town of Mead and also allow staff and the applicant the opportunity to review and address
any comments received. Richard Kramer, Mayor for the Town of Mead, stated this development will
significantly impact the Town of Mead and he was disappointed to discover the matter had been approved
without their input. Commissioner Geile commented the County is very interested in ensuring there is
positive communication process with the Town, and the Board will work to ensure this type of oversight
does not occur again in the future. Chair Vaad stated the applicant was present; however, he indicated
no desire to comment regarding this matter. No further public testimony was offered concerning this
matter, and Chair Vaad closed public testimony. Commissioner Long moved to reconsider Change of
Zone#602 and set the hearing date for August 7, 2002, at 10:00 a.m. Commissioner Jerke seconded the
motion. Mr. Barker noted that Commissioner Masden will not be present on that date. Following
discussion, Commissioners Long and Jerke agreed to amend the motion to reconsider the application of
Mike Siegrist for Change of Zone #602 from the A (Agricultural) Zone District to the PUD (Planned Unit
Development)Zone District for the purpose of considering the referral and testimony of the Town of Mead
and any testimony of the applicant or members of the public relating to new evidence presented by the
Town of Mead, and set a hearing for August 12, 2002, at 9:00 a.m.
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WEL COUN Y, OLORADO
ATTEST: (4/,/)
Glen a , Chair
Weld County Clerk to th=�oa � , �r�� %;'
is6t Ki C y � Ciq
L� 1 ``�x_` �j;i David E. Long, ro-Tem
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BY: ..,f (o� Ir� �` r'r /‘.
Deputy Clerk to the Boa��� K.: *. ;/ EXCUSED DATE OF APP VAL
M. J. Geile �
William H. Jerke
EXCUSED
Robert D. Masden
Minutes, July 1, 2002 2002-1782
Page 5 BC0016
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