HomeMy WebLinkAbout20051378.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 4, 2005
TAPE #2005-23
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 4, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of May 2,2005,as printed. Commissioner Geile seconded the motion,and it 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.
PRESENTATIONS:
RECOGNITION OF SERVICES, BOARD OF ADJUSTMENT - SYL MANLOVE, RANDY PETERSON,
MICHAEL WILLITS, DON BEIERBACH, JOHN DONLEY, AND LARRY WILSON: Chair Jerke read the
certificates recognizing the listed individuals fortheir work on the Board of Adjustment. Don Beierbach was
the only one present to receive his award. Commissioner Vaad expressed his gratitude to Mr. Beierbach
for his commitment and stated he served seven years on the Board.
RECOGNITION OF SERVICES,JUVENILE COMMUNITY REVIEW BOARD-PATRYCE ENGEL AND JIM
GAULT: Chair Jerke read the certificates recognizing the listed individuals for their work on the Juvenile
Community Review Board.
2005-1378
BC0016
05-
COMMISSIONER COORDINATOR REPORTS:Commissioner Vaad stated there was one owl found with
the West Nile virus several weeks ago, and he urged everyone to begin wearing repellant. He stated Dr.
Wallace felt it is not significant at this point in the season.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $505,886.84
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT STATEMENT OF QUALIFICATIONS FOR THE NORTH JAIL COMPLEX, PHASE III BID -
FINANCE DEPARTMENT:Mr.Warden read the names of three vendors who submitted bids into the record.
Said bid will be considered for approval on May 18,2005. [Clerk's note: This bid was approved on May 11,
2005.]
PRESENT COPIER BID-PRINT SHOP: Mr.Warden read the names of seventeen vendors who submitted
bids into the record. Said bid will be considered for approval on May 18, 2005.
APPROVE ROAD RECLAIMER RENTAL MACHINE W/OPERATOR SERVICE BID-DEPARTMENT OF
PUBLIC WORKS: Mr. Warden stated staff recommended approval of the bid from ARS, Inc.
Commissioner Geile moved to accept the low bid from ARS, Inc.,in the amount of$73,497.60. The motion,
which was seconded by Commissioner Long, carried unanimously.
APPROVE ALLOWABLE ALTERNATIVE VEHICLES-PARA-TRANSIT BUSES BID-HUMAN SERVICES:
Mr. Warden requested this bid be continued one more week, because it is still being evaluated.
Commissioner Long moved to continue said bid to May 18, 2005, at 9:00 a.m. The motion, which was
seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER CHANGE ORDER LETTER#2 FOR NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and
Environment,stated this change order will increase the amount eligible for reimbursement for the current
term of July 1, 2004,through June 30,2005, Dr.Wallace stated this is the third year of the grant, and the
total amount will be$482,302. He stated that since last year, a portion of funding comes from the Master
Tobacco Settlement Fund, which offsets the short fall in Medicaid funds, therefore, there is no actual
increase in the program. Responding to Commissioner Geile, Dr. Wallace stated the increased tax on
cigarettes will bring in some funds of for health care for under insured and uninsured individuals throughout
the State, and, perhaps, some funding for health education. Responding to Commissioner Vaad, Dr.
Wallace stated there are six nurses and one support person in the program. Commissioner Vaad
requested Dr. Wallace write a contingency plan to keep this program funded in case the tobacco money
disappears,since he feels this is a very worthwhile program. Dr.Wallace stated he will incorporate it into
his strategic planning currently being considered during the 2006 budget process. Responding to Mr.
Warden, Dr. Wallace stated the slowdown caused by CBMS is directly affecting this program, because
many times the new mothers are awaiting approval; therefore, the program results will show ups and
downs. Responding to Commissioner Geile, Dr. Wallace stated the program serves first time moms, of
low income,many of whom are teenagers. Commissioner Vaad moved to approve said change order and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, May 4, 2005 2005-1378
Page 2 BC0016
CONSIDER TASK ORDER OPTION TO RENEW LETTER#4 FOR FAMILY PLANNING PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this option to renew provides for reimbursement of an
amount not to exceed $147,651 for the term July 1, 2005, through June 30, 2006. He stated the funds
support the on-going operation of the Family Planning Program, and two-thirds of the funding is Federal
from Title X, while the remainder comes from State sources. Responding to Chair Jerke, Dr. Wallace
stated this is separate from the abstinence program; although staff tries to incorporate the two to offer
complete counseling to each individual. At Commissioner Vaad's request, Dr. Wallace stated the
Department recently participated in a teen fair at the Greeley Mall, as did many agencies, and he has
received good feedback regarding the fairthrough student evaluations. He stated he was concerned about
a report that the department distributed condoms, and he stated that is not true. Dr. Wallace said the
various agencies determined,in advance,that birth control materials would not be distributed;only those
materials informative and educational in nature. He stated the fair was successful. Commissioner Long
moved to approve said option to renew and authorize the Chair to sign. Seconded by Commissioner Vaad,
the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF STEPS TO A HEALTHIER US PROGRAM GRANT AND
AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this is the application for renewal of the STEPS grant.
He stated the term is September 21,2005,through September20,2006,fora total amount of$525,723.00.
Dr.Wallace stated this is the third year of the program which is designed to reduce asthma,diabetes,and
obesity. He stated it focuses on the community, school, work-site and health care setting to change
behavior. Responding to Commissioner Vaad regarding an exit strategy if this is not funded next year, Dr.
Wallace stated he and staff have already had a planning session with partner agencies,and this program
was designed to be incorporated into the partner agencies, when funding ceases. He stated there is a
broad base commitment from those agencies to begin incorporating the program. Dr.Wallace noted this
was one of only four States to receive this grant, and the commitment was to continue it for five years.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
Referring to the newspaper article regarding the West Nile Virus, Dr.Wallace stated the contaminated owl
was a fledgling owl who apparently dropped out of the nest,and was infected by overwintering mosquitos.
He stated it was not infected by the mother, and the information dispersed this year will include all newly
recommended and approved repellants.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 11
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - BRENDA LEE YOUNG: Chris Gathman,
Department of Planning Services,presented two letters received from adjacent property owners,marked
Exhibit A,and stated access needs to be resolved prior to Recorded Exemption#3867 being approved,and
explained previous splits of the property resulted in a 60-acre Lot B,and two nine to ten acre parcel Lot A's
south of Lot B. The current access is through an easement agreement between those two Lot A's,
currently owned by David Martini and Jennifer and William Casey. This request would place an additional
access road,which Ms.Young would build,along the Section line where Weld County Road 11 would be,
north of Weld County Road 38. Don Carroll, Department of Public Works, stated there is 30 feet of
right-of-way available on the west side of the Section line,therefore,the road could be placed completely
off the property owned by Mr. Martini. He stated notice was mailed to adjacent property owners,and he has
had no response from adjacent owners on the west side of the parcel. Mr. Carroll presented a packet of
materials, marked Exhibit B,and indicated page two,which is a picture of the wetland area. He stated he
has been in contact with Terry Young,Army Corp of Engineers,who conducted a site visit to the wetlands,
which is on the west side of the Section line where the new access road would be built. Mr.Young's finding
was that the wetlands are non-jurisdictional, which means, Ms. Young can build a road which is not
restricted in width,although it would have to remain in the right-of-way;and the drainage pattern works its
way down towards the St.Vrain River, being captured in a pond one-half mile from the river, because of a
Minutes, May 4, 2005 2005-1378
Page 3 BC0016
dam structure which stops the flow. Mr. Carroll stated Ms.Young agreed to place culverts wherever the
County determines is appropriate,to allow the drainage to continue. Responding to Commissioners Geile
and Vaad,Brenda Young,applicant,stated the Recorded Exemption parcel is approximately 60 acres,and
the existing access would remain for the benefit of the existing house, which is on Lot A of Recorded
Exemption#3867. She stated the farm is dryland farming north of the ditch and flood irrigated south of the
ditch. Ms. Young stated the road through the middle of Lot B is most conducive to irrigating the property
without interrupting fields.
Responding to Commissioner Geile,Ms.Young stated the water,electric,and phone lines are on the east
side of the roadwaythrough Lot B,all underground. Responding to Commissioner Vaad,Mr. Carroll stated
the road would not have to go the full half mile,and could be somewhat shorter,traveling through Lot B to
the existing driveway, north across the ditch. Ms. Young stated the Casey's and Mr. Martini have stated
there is lot of extra traffic on the current access; however, part of the traffic is due to an oil well on Lot B,
as well as ditch riders,and members of the Johnstown Hunting Club,which lies north of her property. She
stated both families discussed their concerns with her before writing their letters, and she agrees the
existing access would be better as a secondary access. Ms. Young stated the bridge across the ditch
cannot be moved without great expense,and she cannot install a gate which would impede the ditch rider.
Responding to Chair Jerke, Ms. Young stated she has not explored the possibility of gaining access by
going south from Weld County Road 40, however, she would have to build a much longer road,since the
one going north would take only 600 feet to get to her property line. She stated the wetlands are very
minimal.
David Martini, adjacent property owner, stated the ditch rider does not usually go through the existing
access, he usually accesses the entire ditch from an access further west on Weld County Road 38. Mr.
Martini stated his main concern is a storage pond on his property with a spillway which dumps water into
the wetlands on the west side of his property. He stated his concerns about the effect on the remaining
wetlands on his property and the fear that theywill dry up and cease to exist. Mr. Martini stated the culverts
do not seem to be a solution except for extreme events;and some provision is needed fora large boulder
base or some other way to allow seepage to continue. Mr. Martini stated traffic by way of the current
access is intrusive,and it is directly in line with the back of his house. He stated that there will be a larger
impact on his property if Ms.Young only builds her road the minimum amount to reach Lot B,then crosses
east to the current road. Mr. Martini stated Ms. Young had access to Weld County Road 38 previously;
however,she chose to sell the entire parcel instead of owning the easement. He stated that constructing
a road over wetlands is a marginal solution at best, and it is not appropriate to destroy wetlands for the
benefit of one individual. He requested the Board give consideration to the effect a road through the
wetlands would have on his adjacent property. Responding to Commissioner Geile,Mr. Martini indicated
the location of his pond and spillway, and stated he does not have a study which indicates harm would
come to the wetlands. (Changed to Tape #2005-24.) Responding to Commissioner Geile, Mr. Martini
stated his preference is no access; however, if one of the two options must be taken, he would prefer
having the access located west of his property,rather than the current access. Responding to ChairJerke,
he stated he would prefer the current easement be abandoned, with access being west of his property,
even though the road would be 30 feet from his house. Responding to Commissioner Vaad, Mr. Martini
stated the water in the pond belongs to him, through a 1994 pond decree by the Water Court, and it was
built primarily for recreation.
Ms.Young stated she does not personally have a problem with abandoning the current access; however,
oil and gas personnel would still need access. She also stated if the current access is abandoned,she will
construct the road along the section line to the bottom portion of Lot B,then follow the property line over to
the current access road. Responding to Commissioner Geile, Ms. Young stated she is not a real estate
agent, and she did not represent to the Casey's that there would be no development on her property.
Minutes, May 4, 2005 2005-1378
Page 4 BC0016
ChairJerke state he is troubled by this application because the applicant currently has access. He stated
that a road crossing the wetlands would have to be structurally functional,which would increase the cost
substantially, and no one is sure what the water drainage issues will be. He stated he believes there are
significant problems, and he is not currently in favor of approving the agreement. Commissioner Vaad
stated he agrees with Chair Jerke and the agreement would likely set up the potential for more problems
in the future if there is any desire forfurtherdivisions,and it would not solve anything. He stated that control
of the current access between two lots does not solve the problem, and any further divisions are going to
make the situation worse. Commissioner Geile stated he agrees,and the solution will require a much more
concerted effort to review how the entire property will be handled. Responding to ChairJerke,Lee Morrison,
Assistant County Attorney,stated there are no legalities or time limits with which Ms.Young would have to
comply in the case this agreement is not approved, since it does not fall within the Substantial Change
process and is not a quasi-judicial process. He stated Ms.Young could reapply at anytime. Chair Jerke
stated he feels Ms.Young has heard the concerns of the Board regarding this agreement and will be able
to work further with staff to find a workable solution. Responding to Commissioner Vaad, Mr. Gathman
stated the Recorded Exemption process is pending;however,it can be delayed until the access issues are
solved. Responding further to Commissioner Vaad,Mr.Gathman stated delaying the Recorded Exemption
will not cause additional expense to the applicant.
Commissioner Vaad moved to deny the Nonexclusive License Agreement requested by Brenda Young.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RENEWAL OF RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN -
DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Morrison stated he is not aware of any
concerns posed by the Sheriffs Office. Commissioner Long moved to approve said renewal and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER RESOLUTION RE:CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR JUNE 8, 2005: Commissioner Vaad moved to approve the draft resolution to cancel
the Board's regular meeting on June 8,2005,since a quorum will not be present. The motion,which was
seconded by Commissioner Geile, carried unanimously.
(Chair Jerke called a five-minute recess.)
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT,#1458-KENNETH SHANNON: Mr.Gathman
stated this Improvements Agreement is a Condition of Approval for Use by Special Review Permit#1458
for Kenneth Shannon. He stated a personal check was received, in the amount of$4,373.13 for lighting,
and staff has determined the amount is sufficient to complete the work. Responding to Chair Jerke, Mr.
Gathman stated this is an oil and gas facility,with screened lighting to solve a problem with the neighbors.
Commissioner Geile moved to approve said agreement, authorize the Chair to sign, and accept said
collateral. Seconded by Commissioner Vaad, the motion carried unanimously.
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.
Minutes, May 4, 2005 2005-1378
Page 5 BC0016
? '•. no further business, this meeting was adjourned at 10:35 a.m.
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Davi . Long
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Glenn Vaad -_
Minutes, May 4, 2005 2005-1378
Page 6 BC0016
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