HomeMy WebLinkAbout20053610.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 12, 2005
TAPE #2005-47
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, December 12, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of December 7, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on December 7, 2005, as follows: 1) PZ#1089 - MBM Enterprises, LLC, do Todd Hodges
Design, LLC;2)USR#1497-Clement McNaney III,c/oJCB Engineering, LLC;and 3)USR#1522-Alberto
Loya, c/o Todd Hodges Design, LLC. Commissioner Masden seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-3610
BC0016
42 -O5-
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $859,552.60
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ARTHUR KOHN (CON'T FROM
11/28/05): Mike Sampson, Assessor's Office, stated the appraiser recommended approval of the
abatement, based upon the filing of a copy of Schedule F, which had been submitted to the Internal
Revenue Service;however,there is no backup material with it. Mr.Sampson stated the Schedule may not
have been filed for this particular property. He stated he has also talked to the Zoning Compliance Officer,
and there appears to be an existing violation on the property. The property owner was not present or
represented. Responding to Chair Jerke, Mr. Sampson stated this is a small tract in the Ranch Eggs
Subdivision. Commissioner Geile moved to deny said petition for abatement. Seconded by Commissioner
Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER STANDARD FORM OF MEMORANDUM OF UNDERSTANDING CONCERNING USE OF
BUILDING AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,County Attorney,stated a similar agreement
was completed several years ago; however,approving the standard form of agreement at this time would
allow the agreements to be in place for each of the required facilities,without having Board approval on each
individual case. Responding to Commissioner Geile,Mr. Barker stated Dr.Wallace referred to nine specific
sites. Commissioner Vaad moved to approve said standard form and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TASK ORDER OPTION TO RENEW LETTER #2 FOR THE COLORADO ABSTINENCE
EDUCATION COMMUNITY IMPLEMENTATION GRANT AND AUTHORIZE CHAIR TO SIGN: Gaye
Morrison, Department of Public Health and Environment, stated the term is January 1, 2006, through
December 31, 2006. Commissioner Vaad moved to approve said task order and authorize the Chair to
sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 45 BETWEEN WCRS 74 AND 76: Frank Hempen, Jr.,
Director of Public Works,stated the closure is for the purpose of replacing Bridge 75/45A,which is 60 years
old. Responding to Chair Jerke, Mr. Hempen stated the sufficiency rating is 47.6 percent, and anything
under 50 percent should be replaced. Commissioner Geile moved to approve said temporary closure.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 72 BETWEEN WCRS 49 AND 51: Mr. Hempen stated
this closure will be effective December 19, 2005, to December 23, 2005, for the purpose of repairing the
bridge deck. Commissioner Long moved to approve said temporary closure. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE
CHAIR TO SIGN- READY MIXED CONCRETE COMPANY: Don Carroll, Department of Public Works,
stated this agreement was before the Board in October,2002,with Owens Brothers as the applicants,for
property adjacent to the Barr gravel pits. He stated the agreement was negotiated with Owens Brothers,
as well as Ready Mixed Concrete Company,and both parties agreed to all of the required conditions. Mr.
Carroll stated the haul route is south on Weld County Road 19,to the intersection of Weld County Road 24.
Minutes, December 12, 2005 2005-3610
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He stated the route was created to keep the drivers from going north towards State Highway 66 until
adequate safety improvements are made at that intersection. He stated Ready Mixed Concrete Company
will be improving the existing access with acceleration/deceleration lanes, and the volume of company
trucks is estimated to be 95 in and 95 out in a 24-hour period. Responding to Commissioner Geile, Mr.
Carroll stated that the haul route ends at Weld County Road 24; however, as a courtesy during the Land
Use Hearing, the Town of Firestone was contacted through the referral process. He stated there is no
further obligation for noticing Firestone of changes. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER INTER-GOVERNMENTAL CONTRACT FOR TEEN SEATBELT EDUCATION IN WELD
COUNTY AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriffs Office, stated the total grant is
$44,912.00,with the State providing$23,000,and the Sheriffs Office providing$21,900.00 in soft dollars,
mainly officers's time. He stated the program consists of three parts. The first part is a presentation to
elementary schools,regarding wearing seatbelts and the kids being involved in having everyone in the car
buckle up. He stated notes are sent home with the kids,which are then signed by the parents and returned,
and the classroom returning the most notes being allowed to have ice cream with the officers. The second
part is the high school program,which takes place in the parking lot of every high school in the County,with
discussions about seat belt safety. Two drivers who are wearing their seatbelts will be identified at each
school, and they will be awarded $5.00 gift cards from various businesses in the area, as well as having
a letter of thanks sent to their parents. Mr.Poncelow stated approximately 300 gift cards have been donated
by local businesses. Coincidentally at each school,ten kids not wearing their seat belts will be identified,
and letters will be sent to the owners of the vehicles. The third part of the grant includes 1,000
Spanish-speaking videos about seatbelt safety for use in homes. Chair Jerke requested a one-page
write-up to be used by Board members who are addressing various groups. Responding to Commissioner
Masden,Mr. Poncelow stated the program will cover all high schools and elementary schools in the County.
Responding to Commissioner Vaad,Mr. Poncelow stated the funds will be authorized after full execution
of this contract. Responding further to Commissioner Masden, Mr. Poncelow stated the performance
measure will be a followup survey of seat belts at various high school parking lots to determine how many
are wearing seat belts. He stated 62 percent of students are currently doing so, and the success of the
program would increase that percentage. Commissioner Geile moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDERAGREEMENTFOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE CHAIR TO
SIGN-COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Mr.Warden stated this agreement
is the continuation of County insurance, which is self-insured under Colorado Counties Casualty and
Property Pool,with the same retention amounts. Commissioner Vaad moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER DESIGNATION OF ADDITIONAL BANK AS A DEPOSITORY FOR WELD COUNTY FUNDS-
COLORADO EAST BANK AND TRUST OF LASALLE: Mr. Warden stated Colorado Statute requires
depositories to be authorized by the Board of County Commissioners. He stated this is the addition of
Colorado East Bank and Trust of LaSalle, which has been requested by Don Mueller, Treasurer.
Responding to Commissioner Geile, Mr. Warden stated the bank does meet all the requirements for a
depository,and reiterated Mr.Mueller's recommendation for approval. Commissioner Masden moved to
approve said designation. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RATIFICATION OF APPOINTMENT TO THE WELD LIBRARY DISTRICT BOARD:
Commissioner Vaad moved to ratify the appointment of William Farnum to the Weld Library District Board,
with a term to expire December 31, 2010. Seconded by Commissioner Long, the motion carried
unanimously.
Minutes, December 12, 2005 2005-3610
Page 3 BC0016
CONSIDER APPOINTMENT OF DAVID BAUER TO THE BIG DRY CREEK WATERSHED ASSOCIATION:
Mr.Warden stated the Board agreed to participate in the Big Dry Creek Watershed Association,with$1,000
in the budget. He stated staff has recommended the appointment of David Bauer, Department of Public
Works, as the Weld County representative on the Board. Commissioner Long moved to appoint David
Bauer to the Big Dry Creek Watershed Association. Seconded by Commissioner Masden, the motion
carried unanimously.
SECOND READING OF ORDINANCE#2005-11, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 2ADMINISTRATION,AND CHAPTER 3 PERSONNEL,OF THE WELD
COUNTY CODE(CON'T FROM 11/21/05): Commissioner Vaad moved to read by title only. Seconded
by Commissioner Masden,the motion carried unanimously. Mr. Barker read the title into the record. Lee
Morrison,Assistant County Attorney,reviewed the work sessions held on this matter,and stated the Draft
Resolution contains Chris Fellows'draft,without the changes discussed at the last work session. He stated
Mr.Fellows,who is the Consultant hired by the County,drafted additional language,which has been marked
Exhibit"H",and which places the burden on the Board of Directors of the Special District to send a postcard
notice to everyone in the District before making one of four changes to the Service Plan. He stated the four
changes are IGA's, inclusions or exclusions, service agreements, and eminent domain, and each would
have to be published prior to being submitted to the Board of Commissioners. He referenced Exhibit"D",
which is a side-by-side comparison of the versions, and Exhibit G, which is the new McGeady version,
which allows deletion of the notice to the Board of Commissioners. Mr.Morrison stated the Board will have
to determine whether to add the new language for notice requirements,and whether the Land Use process
should substitute for notice to the Board of Commissioners for those four areas of change. Responding
to Chair Jerke,Mr.Morrison stated one of the versions should be adopted,and the side-by-side comparison
is available electronically. Responding to Mr.Warden,Chris Fellows,Consultant,stated his draft includes
the mill levy hard cap. Regarding the mill levy cap, after discussion, Chair Jerke clarified the draft is a
legislative action,which will serve as a guideline,and the appropriate numbers will be discussed later and,
if necessary,inserted on third reading. Mr.Fellows stated the most substantive difference between his two
versions is the additional notice provision added after the last work session, which requires that all
residents, landowners,and electors in the District be notified by the District Board of any proposed action
concerning one of the four changes listed above. His latest version also requires a notice to the County.
Responding to Commissioner Geile, Mr. Fellows stated paragraphs D, E, F, G, I, and K contain changes
regarding notification. He also stated his latest version requires the District provide written notification, no
less than 14 days, or more than 30 days, to all residents, electors, and landowners prior to the District
meeting concerning one of the four listed changes. He stated that after the District Board meeting, notice
must be given to the County,with a 45-day provision for review. Mr. Fellows stated during the 45-day period
the County would either schedule a hearing or determine no further action to be necessary,at which time
the District would automatically move forward with its plans.
Responding to CommissionerGeile's question regarding a change in the financial projection from the one
approved under the original Service Plan,Mr. Fellows stated it would also tie back to the cap on the mill levy.
He explained there are two issues remaining to be decided;first,whether a hard cap will be placed on the
mill levy or whether it would "burn off' over time, and the amount of the hard cap. Mr. Fellows stated he
began with instructions to include a hard cap of 50 mills; however, in discussions with staff and other
concerned parties it was shown that large districts may have significant operation and maintenance costs
in future years; therefore, he included an extra 15 mills for operation and maintenance costs,with a hard
cap of 65 total mills, with only 50 mills of that total allowed for debt service. Mr. Fellows stated that Mr.
Morrison and Mr.Warden both felt 65 to be a reasonable total, and it is included in his latest revision for
Board consideration. Mr. Fellows strongly recommended a hard cap. Responding to Mr. Warden, Mr.
Fellows stated his draft does include allowance for the TABOR Amendment. He stated the mill levy would
always have the potential to increase,although a 65 mill cap appears to be very liberal. Mr.Fellows agreed
with Commissioner Geile that any possible increases or fluctuations should be included in the evaluation
Minutes, December 12, 2005 2005-3610
Page 4 BC0016
of the initial Service Plan;however,he stated it is possible for bond counsels to make errors;therefore, he
believes the hard cap is necessary. Responding further to Commissioner Geile regarding the obligation
of the property owners to pay off the debt in case of failure of the District,Mr.Fellows stated standards need
to be determined as to when burn off would occur, even though the probability of failure is remote. He
reiterated that if burn off on the mill levy is allowed,the responsibility and risk for paying off the debt shifts
to the homeowners;however,with a hard cap in place,the debt remains a responsibility of the District. Mr.
Morrison stated Special District issues are not typically rated. Mr. Fellows stated that is usually true,
although the credit behind the District may be rated. Responding to Commissioner Masden regarding the
effects of bond rating,Mr. Fellows stated only the credit behind the District,such as the Letter of Credit, U.S.
Securities,etcetera, could be used for rating. Responding further to Commissioner Masden,Mr. Fellows
stated there would not be much difference between the hard cap and burn off, until after the District has
matured and becomes eligible for bond insurance. He stated the insurance or refinancing may cost more
with a hard cap in place,although bond insurance might not be required without the hard cap. Chair Jerke
stated it is a game of risk, and the only way for the developer to receive a good rate would be to risk some
level of personal wealth to buy a better rating.
Commissioner Masden noted that in the final draft by Mr. Fellows, when the Board of County
Commissioners receives the 45-day notice,it may schedule a hearing; however,under the McGeady draft
the Board of Commissioners would not have the ability to schedule it for hearing if the Special District were
in the Land Use process. Mr. Fellows explained that in his draft the two processes are not coincidental and
require two separate approvals; although if the Board of Commissioners has concerns about the District
issue, it may schedule the hearing, irrespective of the outcome of the Land Use application. He further
explained that, as written,through the 45-day period,the Board may decide not to schedule a hearing, in
which case the District would go forward automatically. He stated the full discretion is with the Board of
County Commissioners,and approval is automatic if the County does not respond within the 45-day period.
Responding to Commissioner Long,Mr.Morrison agreed that the hearing does not have to occur within the
45-day period;although the process has not yet been clearly defined. He stated the process will evolve as
more cases are presented for review,although it will be necessary to also follow the amendment process
for a Service Plan. Mr. Morrison stated at this point not enough is known to define the entire process,
although after receiving the 45-day notice a work session or instructions for staff to review would be
appropriate, to determine whether issues exist, instead of holding a full hearing. Responding to
Commissioner Masden,Mr.Fellows stated that any action taken would have to fall within the 45-day period.
Responding to Commissioner Geile,Mr. Fellows stated he has never heard of a Homeowners Association
tying itself to a Metro District for financial responsibility of bond repayment. He further stated that with recent
legislative changes, Districts do not have covenant enforcement or security issues, and developers may
now forgo the Homeowners Association and require the District to cover some of the maintenance and
operational items.
Chris Paulsen,Pioneer Communities,stated he is currently processing the Pioneer Metro Districts Service
Plans. He stated that, although the proposed changes appear to be beneficial, it appears the Planning
Department staff is beginning to require a Special District to undertake additional operational issues. He
stated any limitation will effect the services that can be provided, and he emphasized that Pioneer is
proposing seven Districts,which will allow citizen boards to immediately begin taking over functions of the
District. He stated the citizens will run the Districts instead of the developer; and the Board of
Commissioners is asking for another branch of government to be involved in decisions. Mr.Paulsen stated
he does not oppose the 30-day notice to citizens; however, it is a precursor of the general 45-day notice
to the County. He suggested a change in wording in the requirement for notice from"given"to"provided".
He stated the change would allow the District to show postcards were sent, rather than having to prove the
postcards were received. Mr. Paulsen stated he does not oppose the 45 days of review by the County after
the District hearing, if the District can automatically go forward at the end of 45 days if no action is taken
by the County. He stated the timing is especially critical for condemnation issues, and this gives
Minutes, December 12, 2005 2005-3610
Page 5 BC0016
landowners 45 days to lack up"the price of property. Mr. Paulsen stated the compromise is workable,
although he would like the word"given"changed to"provided". Mr. Fellow stated he is not opposed to that
change, although he reiterated if there is no change to the original Service Plan,the District can continue
without the 45-day period; it is only when the Service Plan is changing that County approval is necessary.
Responding to Commissioner Vaad, Mr. Morrison agreed, and Chair Jerke suggested"sent"would work
as well. The Board concurred, changing "given" to "sent" throughout the draft.
Mary Ann McGeady,McGeady Sisneros, PC,stated the revision,as discussed,is acceptable;however,an
existing district, with a new development including a Land Use application should be allowed approval
through the Land Use process instead of the District also having to obtain Board of County Commissioner
approval through this process. She suggested the District go through this process, with a community
meeting and 45-days notice, "conditional upon the Land Use being approved",with the District providing
service. She stated if staff does not agree, the possibility of a "can do" loop exists, with no exit. Ms.
McGeady stated the conditions would be unclear from the District's perspective,since the outcome of the
Land Use application would not be known. She stated the drafted policy would require the District to do a
full Service Plan revision after the Land Use application is approved. Mr.Fellows stated his agreement,and
added that the 45-day notice would be much quicker than the Land Use approval, and that degree of
specificity would not be required in the 45-day notice. Mr.Morrison stated he agreed with Mr.Fellows,and
part of the process would be differentiating between the legislative function of the Board and the
administrative function of staff. He stated general authority to provide or extend service,could be carried
forward by staff,which would eliminate the"do loop"concern. He stated the general agreement to extend
to an area could be completed prior to staff completing the zoning process,since staff would have to have
specific information regarding the manner in which services would be provided. Responding to
Commissioner Geile and Chair Jerke,Mr.Fellows stated the language suggested by Ms.McGeady mirrors
State statutes, stating the cap on the mill levy is eliminated when the District's Assessed Value reaches
twice it's debt. He stated the mill levy could then increase,and the District would soon be eligible for"burn
off', making refinancing cheaper,since long-term insurance would be cheaper. He stated at that point the
payoff burden would shift to homeowners from the District . Mr. Paulsen stated by the time the District
reaches that point, citizen boards would be in place instead of District boards, and flexibility would be
eliminated since financing would cost more,thereby allowing less for services. Responding to Chair Jerke,
Ms.McGeady stated if new debt were being considered, it could not be included in the 50 mill levy cap;the
District would have to refinance. She stated a trail,for instance,would be maintained or improved through
operational funds,leaving less to expend for general maintenance and upkeep,especially if the District were
paying more in interest charges. Responding to Commissioner Masden,Ms.McGeady stated there is more
efficiency in obtaining an interest rate and more allowance for new debt without the hard cap. She stated
the 50 mill levy cap would always be in place,restricting new debt,which would basically become a second
financial obligation. Mr. Morrison clarified there is a potential of higher interest causing a shortage of
maintenance funds in the future; however, the District could seek an amendment to the Service Plan,
specifically asking for exemption from the hard cap. He stated the drafted policy does not forgo an
opportunity for the District, and reiterated it could always request an amended Service Plan, asking
permission to exceed that cap. Ms.McGeady concurred,stating it would leave the discretion to the Board
of Commissioners; however, she also stated her preference is that the elimination of the hard cap be
included in the initial application. Commissioner Geile stated a hard cap will insure that homeowners would
not become responsible for debt repayment instead of the developer,or that devaluation of property would
increase the mill levy over an acceptable amount. Mr. Paulsen stated staff has included a very conservative
approach,and the entire policy is very conservative. Chair Jerke stated the Board needs to determine the
appropriate limits, providing the greatest protection to property owners while also allowing the greatest
opportunity for developers. Mr.Fellows stated he included the hard cap because he was directed to err on
the side of preventing any horrendous occurrence. He reiterated that the District can submit an amendment
for removal of the cap at anytime in the future. Mr. Fellows stated since Mr.Paulsen stated agreement with
the hard cap, he definitely would like it included.
Minutes, December 12, 2005 2005-3610
Page 6 BC0016
Prior to Board discussion,ChairJerke ascertained the Board is in agreement with the basic concept of the
drafted policy, as well as the amendment offered to change the word "given" to "sent". Chair Jerke
questioned why the mill levy for a Special District would need to be so high, at a time that the County is
reducing its mill levy to less than 18 percent. Mr. Warden stated there are several reasons, although it
would be more appropriate to compare a special district with municipalities,since the base services offered
are more in line. He stated Greeley, for example, is close to 10 mills and also has sales tax, which pays
at least one-half of expenses. He stated without sales tax,the Greeley mill levy would be 20 or more. Mr.
Warden stated the other issue is that one-third of the County's Assessed Value is derived from oil and gas
which would not be allowed a Special District. Mr.Warden added that without oil and gas,the County's mill
levy would be approximately 27 mills, therefore, 15 mills is not unreasonable. He also stated a special
district would include types of services not typically included in base County services. Responding to Chair
Jerke concerning whether a portion of the 15 mills could be put aside to fund replacement costs for water
and sewer, Mr. Warden stated it would depend on the structure of the District. He stated most Districts
would purchase water and sewer services,using operational and maintenance funds for more generalized
maintenance, such as street repair and open space maintenance.
Responding to Commissioner Geile regarding the 50 mill cap, Mr. Fellows stated that during approval of
the Service Plan, there is provision for the County to engage an outside expert to review the financial
projection which is submitted with the Service Plan. Mr.Warden stated that the County did take that option
for the Pioneer Service Plan,which is currently under review. Commissioner Masden stated a 50-mill cap
appears to be very conservative, although it may not be fair, since it would be like a municipality with no
sales tax,even with the seven districts being proposed by Pioneer,which would be under the 50 mill cap.
Mr.Warden reiterated 50 mills is only for debt service,and 15 mills is for operation and maintenance. He
stated that,in most municipal budgets,a large portion is for police protection,whereas,the Special Districts
will most often use a Law Enforcement Authority,thereby allowing another seven mills to be included under
State statutes. He further stated that with 15 mills for amenities,the total would be adequate. Mr.Warden
also indicated if it were a high end,upscale development,the Homeowners Association would still exist,and
the buyers would be willing to pay for those extra amenities. Responding to Commissioner Vaad regarding
the Pioneer Plan, Mr.Warden stated the seven districts are not overlapping. He stated they are creating
a service district with six financing districts that all relate to the service district,all being included in the total
of 65 mills.
Responding to ChairJerke,the Board concurred with the 50 mill cap. Responding to Commissioner Vaad
regarding Paragraph H, Mr. Fellows stated debt service cannot exceed 50 mills; however, 15 mills for
operation and maintenance may be exceeded, if the total does not exceed 65 mills. He stated there may
be cases of large districts for which 15 mills is not enough to cover operation and maintenance,therefore,
25 or30 mills of the total 65 may be used,leaving the amount for debt service smaller. Responding to Chair
Jerke, the Board concurred on Paragraph"H",as written. Responding to Chair Jerke, Mr. Fellows stated
Paragraph "K" includes the legislative power changes.
Mr. Barker stated one item in the Draft Resolution presented for second reading prior to these changes
being made includes Section 2-13-50,regarding approved access,which should be deleted. Mr.Warden
explained that a corrected notice needs to be published for Second Reading,which will change the date of
third reading to January 4, 2006, becoming effective January 16, 2006.
Commissioner Vaad moved to approve Ordinance #2005-11 on second reading, with the deletion of
Section 2-13-50, and including Mr. Fellows' final version replacing "given"with "sent". The motion was
seconded by Commissioner Geile, and by roll call, carried unanimously.
(Chair Jerke called a 5-minute recess.)
Minutes, December 12, 2005 2005-3610
Page 7 BC0016
SECOND READING OF ORDINANCE#2005-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE (CON'T FROM
11/21/05): Commissioner Masden moved to read by title only. Seconded by Commissioner Vaad, the
motion carried unanimously. Mr. Barker read the title into the record. Sue Elton, Department of Personnel,
stated this draft includes the minor change suggested in Section 3-3-50.A. Mr. Warden stated all of the
specific changes were reviewed in a work session. No public testimony was given. Commissioner Vaad
moved to approve Ordinance#2005-14 on second reading. Seconded by Commissioner Long,the motion
carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW#387-NEIGHBORHOOD, INC.,THROUGH DBM CONSULTING,
LLC AND LEHIGH ENTERPRISES ACQUISITION CORPORATION, C/O GLENN WILLIAMS: Sheri
Lockman, Department of Planning Services, stated this agreement is in conjunction with Site Plan
Review#387,for individual condominiums for indoor self storage,office space and vehicle maintenance,
and staff recommends approval. Don Carroll, Department of Public Works, stated the location is near Del
Camino, in the Milky Way Subdivision. He stated Peter Schei has reviewed all transportation items and
recommended approval. Commissioner Vaad moved to approve said improvements agreement,authorize
the Chair to sign, and accept said collateral. Seconded by Commissioner Masden, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances#2005-11 and #2005-14 were approved on second reading.
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 11:15 a.m.
'fir` BOARD OF COUNTY COMMISSIONERS
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Minutes, December 12, 2005 2005-3610
Page 8 BC0016
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