HomeMy WebLinkAbout20052622.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 7, 2005
TAPE #2005-34
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 7, 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-Tern
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Van Egdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 31, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:Commissioner Geile moved to read Code Ordinances#2005-9,#2005-10,
#2005-11,and#2005-12 by tape. Commissioner Long seconded the motion,which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on August 31,2005,as follows: 1)USR#1518-John and Kellie Hathaway;and 2)AMUSR#729
- Lyster Family Farms, a partnership, c/o Marcum Midstream 1995-2 Business Trust, dba Conquest
Disposal Service. Commissioner Geile seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added New Business Item #13, Consider Expression of
Opposition to H.R. 3447 Introduced by Representative Mark Udall in the U.S. House of Representatives on
July 26, 2005; and New Business Item #14, Consider Mileage Reimbursement Rate Due to Hurricane
Katrina.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as modified.
Commissioner Long seconded the motion, and it carried unanimously.
2005-2622
BC0016
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,876,430.60
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 15 BETWEEN WCRS 86 AND 88: Keith Meyer,
Department of Public Works,stated Weld County Road 15 will be closed between Weld County Roads 86
and 88 from September 12,2005,through September 16,2005,to replace a culvert. Commissioner Geile
moved to approve said road closure. The motion,which was seconded by Commissioner Vaad , carried
unanimously.
CONSIDER CONTRACT FOR IMPROVEMENTS TO INTERSECTION OF STATE HIGHWAY 257 AND
WCR 74 AND AUTHORIZE CHAIR TO SIGN: Mr. Meyer stated the County previously entered into a
contract with the Colorado Department of Transportation(CDOT)to administer road improvements at the
intersection of Weld County Road 74, and State Highway 257. He stated after budget negotiations, staff
realized the County could manage the project as a local agency project at a significantly lower cost, saving
approximately$200,000.00. He further stated the previous contract with CDOT has been terminated,and
staff is seeking approval of the new contract allowing the County to complete the road improvements.
Responding to Commissioner Geile and Chair Jerke, Mr. Meyer stated the Towns of Severance and
Windsor have signed an agreement regarding financial commitment, and have each agreed to pay one-
third of the project costs. Further responding to ChairJerke, Mr. Meyer stated CDOT charges a twenty-one
percent markup on construction project costs to cover staff and administrative costs;however,the County
can perform the work for a markup of approximately nine percent over construction project costs. Mr. Meyer
stated as the County completes the improvements, the project management is kept in house, and
consultant fees are significantly less. In response to Commissioner Vaad, Mr. Meyer stated the Town of
Windsor has jurisdiction over Weld County Road 74 west of State Highway 257,and the Town of Severance
has jurisdiction to the east. Further responding to Commissioner Vaad, Mr. Meyer stated the Town of
Windsor has jurisdiction over Weld County Road 19, north of Highway 392, for one mile. Commissioner
Geile moved to approve said contract and authorize Chair to sign. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCEAND IMPROVEMENTSAGREEMENTANDAUTHORIZE
CHAIR TO SIGN - CONQUEST OIL COMPANY: Don Carroll, Department of Public Works, stated the
Improvements Agreement is a requirement of the Conditions of Approval for Amended Use by Special
Review Permit#729. Mr. Carroll stated the terms of the agreement are similar to an agreement enteren
into with Conquest regarding property south of Kersey. He stated the designated haul route to the facility
is on Weld County Road 64,west of Weld County Road 47, and is approximately 2,000 feet. As a part of
the Improvements Agreement, the road will be upgraded with three inches of additional road base, and
magnesium chloride will be applied to the road twice a year, or as designated by Public Works staff. Mr.
Carroll stated Pickett Engineering is developing adequate turning radiuses at the intersection, and laying
additional asphalt as necessary. Commissioner Geile moved to approve said agreement and authorize
Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously.
Minutes, September 7, 2005 2005-2622
Page 2 BC0016
CONSIDER GRANT APPLICATION FOR 2006 LAW ENFORCEMENT ASSISTANCE FUNDS AND
AUTHORIZE CHAIR TO SIGN: Ken Poncelow,Sheriff's Office,stated the application for the LEAF Grant
requests funds in the amount of$39,000.00 to provide overtime pay for officers providing DUI enforcement.
He stated an additional $7,000.00 is requested and will be provided to help supplement the budgets of
surrounding municipalities. Responding to Chair Jerke, Mr. Poncelow stated the funds are Federal funds
passed through the Colorado Department of Transportation. Commissioner Geile moved to approve said
grant application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER RENEWAL OF 3.2 PERCENT BEER RETAIL LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - MARY JENSEN, DBA HIGHLANDLAKE, INC.: Bruce Barker, County Attorney, stated no
concerns were expressed in response to the referrals regarding this renewal,therefore,he recommended
approval. Responding to Chair Jerke, Mr. Barker stated the establishment is near the Town of Mead.
Commissioner Vaad moved to approve said renewal and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RESCINDING RESOLUTION #2005-2155, DATED AUGUST 1, 2005, FOR A LETTER
AGREEMENT FOR USE OF CONDUIT AND CONSIDER AMENDED LETTER AGREEMENT FOR USE
OF CONDUIT AND AUTHORIZE CHAIR TO SIGN-ICG TELECOM GROUP, INC.: Mr. Barker stated an
agreement was previously approved with ICG Telecom Group for use of a conduit to place a fiber to send
to CDOT. He stated after review, ICG Telecom decided it would be better, and more cost effective, to
intercept the County's conduit that travels to CDOT,construct a vault over it,and place new fiber in with the
Building and Grounds fiber. Commissioner Vaad moved to rescind said resolution and approve said
amended letter agreement and authorize the Chair to sign. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER GRANT OF EASEMENTS FOR WELD COUNTY BUSINESS PARKANDAUTHORIZE CHAIR
TO SIGN - REQUEST FROM THE CITY OF GREELEY: Mr. Barker stated the Grant of Easements is for
the new County building in the Weld County Business Park,and the City of Greeley is requesting the Grant
of Easements from Weld County to Weld County. Responding to Chair Jerke, Mr. Barker stated the City
of Greeley will not be using the easements. Commissioner Long moved to approve said grant of
easements and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER AMENDMENT TO FORM OF STANDARD AGREEMENT FOR CONTINUATION OF HEALTH
INSURANCE FOR FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL WHO IS NOW
DRAWING BENEFITS FROM THE WELD COUNTY RETIREMENT PLAN: Mr.Warden the continuation
of health insurance program, which was created in 1998, was amended in 2002, and needs more
clarification regarding the COBRA rights. He stated an employee may continue to receive coverage after
termination for eighteen months, and the dependents of the employee may only receive coverage for six
months. He further stated the COBRA time limits run concurrent with the age regulations for the Medicare
program, meaning at age 65, a former employee's health coverage must transfer over to the Medicare
program. Mr.Warden stated certification of continued eligibility will be required to be submitted every six
months by former employees. Responding to Commissioner Geile,Mr.Warden stated a former employee
is eligible for COBRA benefits until the age of 65, provided the former employee is not working for another
company that offers health insurance. Commissioner Geile moved to approve said amended form. The
motion, which was seconded by Commissioner Long, carried unanimously.
FIRST READING OF ORDINANCE#2005-9, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: Mr. Barker stated
Minutes, September 7, 2005 2005-2622
Page 3 BC0016
Ordinance #2005-9 deals with issues regarding stormwater management. He stated three areas are
required to be regulated, and agreements with the cities in the MS4 areas have been reached. He stated
the Cities of Evans and Greeley will follow the Illicit Discharge Regulations,and part of the agreement was
that the County adopt similar regulations,so that the municipalities can enforce in the County's MS4 area.
Mr. Barker stated the proposed Chapter 8, Article IX, follows the Illicit Discharge Plan the City of Evans
adopted earlier this year, and the regulations only apply in MS4 areas, to comply with Federal legislation.
He stated the second part of the Ordinance concerns site construction,and will regulate that no stormwater
runs off of construction sites, creating pollution problems. He further stated the regulations follow exactly
what is already done for the State, and need to be placed in the Code as required by the Federal
Government. Commissioner Geile moved to approve said ordinance on first reading. The motion was
seconded by Commissioner Long. Upon request of a roll call vote, the motion carried three to one, with
Chair Jerke in opposition.
FIRST READING OF ORDINANCE#2005-10, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Mr.
Barker stated Ordinance#2005-10 regards methamphetamine regulations,and a few changes in grammar
and statutory references will be made. Trevor Jiricek, Department of Public Health and Environment,
stated the Department of Public Health and Department will placard an identified meth lab, and require a
preliminary assessment to be completed. He stated should the preliminary assessment yield meth in the
presence, a work plan will be required to be submitted, and a report of post sampling will be required for
review to verify a property has been cleaned in accordance with the State rules. He stated the County rules
reference the State rules in terms of scientific criteria. Responding to Chair Jerke, Mr. Jiricek stated the
Department is not required to write local rules.
Lee Morrison, Assistant County Attorney, stated the program is not mandated to be performed by the
Department of Public Health and Environment;however,the general charge to protect the public health and
prevent nuisances must be met. Mr. Morrison stated the program will give the Department a framework
and guidelines for a better understanding of how to approach these types of problems. Responding to
CommissionerGeile, Mr.Jiricek stated a property subject to cleanup will not have notification placed on the
title of the property unless the property owner is uncooperative to clean the property in accordance with the
rules,and a certificate of non-compliance would be issued. He further stated the issue would be disclosed
to a prospective buyer through the certificate of non-compliance.
Further responding to CommissionerGeile,Mr.Morrison stated an industrial hygentistwill provide the initial
determination of cleanup,which will be reviewed by the Department. He stated once a property has been
deemed clean, it is no longer a health risk;therefore,there is no need to disclose the property as a health
risk. In response to CommissionerGeile, Mr. Morrison stated the County does not have a formal obligation
of disclosure. Mr. Morrison further stated the obligation of disclosure falls on the property owner.
Responding to ChairJerke, Mr. Morrison stated if a property falls into foreclosure, notification of the issue
would be attached to the title of the property; however,the issue will not be fully defined. He further stated
the notification will provide a contact to obtain the current status of the property. Commissioner Geile
moved to approve said ordinance on first reading. The motion, which was seconded by Commissioner
Vaad, carried unanimously.
FIRST 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: Mr. Barker stated Ordinance#2005-11 is a variety of administrative items to clean up
and placement of a new policy. He stated authority will be granted for the Chair to sign any agreements
that come up repeatedly before the Board once a Form Agreement has been approved by the Board. He
further stated a modification has been proposed to the term of"Approved Access"; however,he requested
it be deleted. He stated a change to the Personnel chapter deals with the phased retirement option, and
Minutes, September 7, 2005 2005-2622
Page 4 BC0016
adds that an employee does not have a right to phased retirement. He stated the option of phased
retirement depends on the work needs of the department, and the approval of the Department Head or
Elected Official. Mr. Barker stated a retiree working under a phased retirement option may be eligible for
continued health insurance through Weld County. Responding to Chair Jerke, Mr.Warden stated the IRS
has recently clarified that any employee working less than full-time may be considered as a part-time
employee. Mr.Warden further stated Governmental employees are not covered by URISA,which places
a restriction on retiring before the age of 59 and one-half years, and the IRS is considering phased
retirement rules to allow private employers to have the same flexibility. He further stated the changes are
in response to the change of the labor market as baby boomers reach retirement age. Responding to Chair
Jerke, Mr.Warden stated over one-third of County employees will reach retirement age within the next six
years. ChairJerke stated a work session will be scheduled regarding retirement issues within the County.
Mr. Morrison stated Article XIV is a new policy regarding Special Districts, including Metropolitan Districts.
He stated some language changes will need to be made; however,they are not of a significant nature. He
stated the policy indicates the Board does accept Districts as a means to more effectively put together
quality developments. Mr. Morrison stated imposing limits on the amount of debt,and placing a cap on the
levy,will protect the future property owners. He stated the Planning Commission reviewed the new policy,
and was supportive in general; however, the issue of potential abuse of condemnation powers was
discussed. The policy, as originally written, indicated a District must expressly define what it expected to
need the powers for, and without further approval from the Board, the District could not expand the use.
Mr. Morrison stated Special Districts do not have the power,at this time,to condemn for purposes of open
space; however, a provision was added that the Special District understand Board approval must still be
obtained for expansion of powers. Responding to Chair Jerke, Mr. Morrison stated the Districts do not have
greater powers than the Board, and the Board defines what powers are exercised by the District.
Responding further to Chair Jerke, Mr.Morrison stated the Board cannot grant the powers of urban renewal
authority ability. Responding to Mr. Morrison, Mr. Barker stated only municipalities have the power. Mr.
Morrison stated Special Districts need eminent domain powers to grant utility easements, or other truly
public purposes. Commissioner Long moved to approve said ordinance on first reading. The motion,which
was seconded by Commissioner Geile, carried unanimously.
FIRST READING OF ORDINANCE#2005-12, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 5 REVENUE AND FINANCE,AND CHAPTER 6 LAW ENFORCEMENT,
OF THE WELD COUNTY CODE: Mr. Barker stated there are two additions to the model traffic code. He
stated the first addition is a reduction of five dollars if the driver is wearing a seatbeltwhen stopped,and the
second change corrects a typo in maximum speed limits. Mr. Warden stated the P-Card Resolution was
approved, effective June 1, 2005, and will now be placed in the Code. Responding to Chair Jerke, Mr.
Warden stated the P-Card Program has been piloted by six Departments, and will be available in all
Departments by January 2006. Commissioner Long moved to approve said ordinance on first reading. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER EXPRESSION OF OPPOSITION TO H.R.3447 INTRODUCED BY REPRESENTATIVE MARK
UDALL IN THE U.S. HOUSE OF REPRESENTATIVES ON JULY 26, 2005: Mr. Barker stated H.R. 3447
makes changes to the current law with RS2477 Roadways,which are roadways that were designated and
dedicated by the Federal Government, in 1866,to be used as public roadways as long as county and local
Governments accepted the grant. He stated the new bill requires: 1)a claim to be filed with a designated
Government official,which is yet to be designated; 2)a survey of the roadway; 3)notice to be provided to
individuals owning property which would be impacted by the change; and 4) proof of claim which proves
the roadway was constructed before the property was taken out of the public domain. Mr. Barker stated
he believes it will be difficult to make the proof of claim, as many of the roadways were built up over 75
years ago. He stated the bill has been sent to one of the committees in the House of Representatives, and
it is wise to express opposition early. Responding to Commissioner Geile, Mr. Barker stated a notice of the
Minutes, September 7, 2005 2005-2622
Page 5 BC0016
County's opposition will be sent to other affected Counties and the Colorado Counties Incorporated. In
response to Chair Jerke and Commissioner Geile, Mr. Barker stated a call will be placed to each County
Attorney's office, and to the area Congressmen explaining Weld County's opposition to the bill.
Commissioner Geile moved to approve said expression of opposition. The motion,which was seconded
by Commissioner Vaad, carried unanimously.
CONSIDER MILEAGE REIMBURSEMENT RATE DUE TO HURRICANE KATRINA:Mr.Warden stated the
County's current mileage reimbursement policy is in accordance with State statute,which states mileage
may not be reimbursed at a rate of less than twenty cents per mile, or at a rate greater than the IRS limits.
He stated the County has indexed the mileage reimbursement rate to be two cents less than the maximum
allowed, and recently has been reimbursing at a rate of thirty-eight and one-half cents per mile. Mr.Warden
stated because of the recent increase of gas costs,the County will reimburse mileage at a rate of forty and
one-half cents per mile until January 1,2006,and then will refer back to the current policy. He further stated
the rate increase will be effective as of September 1, 2005. Commissioner Vaad moved to approve said
mileage reimbursement. The motion,which was seconded by Commissioner Long,carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER MOBILE HOME PERMIT ZPMH #2438 - JACK SWAYZE AND SHEILA KRUGER (CON'T
FROM 8/29/05): Wendi Inloes, Department of Planning Services,stated the mobile home will be used as
a Principle Dwelling. She stated the property is a one-acre parcel located south of Weld County Road 40
and north of Weld County Road 17. She further stated staff recommends approval, as the applicant has
met all requirements; however, the case is before the Board because more than thirty percent of
surrounding property owners are in opposition to the request. Ms. Inloes stated a hearing was held before
the Board of Public Health on August 30,2005,and a cistern permit for water was approved. Responding
to Commissioner Geile, Ms. Inloes stated the proposed mobile and a carportwill be placed on the one-acre
parcel of property, and the four-acre adjacent property contains a residence, and several outbuildings.
Responding to Commissioner Vaad, Ms. Inloes stated property north of Weld County Road 40 has been
annexed to the Town of Johnstown;however,there is a small parcel of land that has not been annexed,and
is still in unincorporated Weld County. In response to ChairJerke, Ms. Inloes stated the mobile home would
be allowed as a Use by Right on the one-acre parcel; however, the matter must be heard by the Board
when greater than thirty percent of surrounding property owners are in opposition. Responding to
Commissioner Geile, Ms. Inloes stated the ownership of the one-acre parcel will stay within the same
family; however, it could be sold in the future.
Sharyn Frazer,AGPROfessionals, LLC, represented the applicant and stated upon the death of an elderly
friend, the mobile home was deeded to the applicant, and was placed on the property. She stated the
applicant completed the Recorded Exemption process, and was approved for a one-acre parcel. She
further stated all building,septic,and water permits have been sought,and tentatively approved. Ms. Frazer
stated the Little Thompson Water District was to service the property and allow a tap to be shared between
the two parcels of property, or allow a private line to be placed through private property. However the
process was abandoned for unknown reasons, and the applicant was forced to apply for a cistern permit,
and gained approval. She stated the applicant and her husband reside in the existing residence,which is
owned by her father,Jack Swayze. She further stated the applicant is proposing to block,tie, and skirt the
mobile home, and build a nice carport and deck, as well as plant trees to screen the view from the road.
Responding to Chair Jerke, Ms. Frazer stated the mobile home was built in 1974, and entered pictures of
the mobile home into the record as Exhibit A. She further stated a septic system is currently in place from
an old chicken agricultural processing facility, and a Statement of Existing System was applied for and
determined to be adequate for the mobile home.
Steve Koester, surrounding property owner, stated he represented several opposed surrounding
landowners, and he understands that the four letters sent to surrounding property owners all came back
Minutes, September 7, 2005 2005-2622
Page 6 BC0016
in opposition. Mr. Koester stated the parcel of land is an obvious corner property on Weld County Road 17,
and the proposed mobile home is an eyesore and does not fit into the surrounding area. He stated no
mobile homes have been placed in the area for over20 years,and most of the housing in the area is valued
at over$300,000.00. He further stated the area has recently had numerous developments,and most of the
homeowners do not wish to see a tin-sided, older mobile home near their properties. Mr. Koester stated
he would not be opposed to a newer modular home with a pitched roof and aesthetically-pleasing features,
and asked the Board to deny the request for the proposed mobile home. Responding to Chair Jerke, Mr.
Koester stated he owns property to the east of the property, directly across Weld County Road 17.
Responding to ChairJerke, Ms. Inloes stated a referral from the Town of Johnstown was received by staff
with no comments.
Ms. Frazer stated the applicant does not own an expensive home on the existing property; however, they
have lived on the property for over twelve years. She further stated the use the applicant is proposing is
permitted by right,regardless of the cost of houses on surrounding properties. Responding to Chair Jerke,
Ms. Frazer stated the applicant has reviewed and concurs with the Conditions of Approval as proposed.
In response to Chair Jerke, Ms. Inloes stated 100 percent of the legitimate votes were in opposition to the
placement of the mobile home,and the nature of the concerns were regarding decreased property values.
Chair Jerke stated he is opposed to placing mobile homes in unincorporated areas,especially if neighbors
are in opposition. He further stated the area of the surrounding property is changing,and the mobile home
will have a negative impact on the area because of its age and its potential difficulties. Commissioner Vaad
stated he is concerned with the current and future compatibility with the surrounding properties,and agrees
that a mobile home built 31 years ago is not compatible with the area. Commissioner Geile stated he is in
opposition of staffs recommendation. Commissioner Vaad moved to deny Mobile Home Permit
ZPMH #2438. The motion, which was seconded by Commissioner Geile, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #2005-9, #2005-10, #2005-11, and #2005-12 were approved on First
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, September 7, 2005 2005-2622
Page 7 BC0016
There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ikaladiaWilliam H. Je e, Chair
1861 3 !„- r `' Clerk to the Board
27
M. J. le, ro-Tem
Duty Clerk tv e Board
David E. Long
EXCUSED
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Masd n
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Minutes, September 7, 2005 2005-2622
Page 8 BC0016
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