HomeMy WebLinkAbout20030539.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 24, 2003
TAPE#2003-06
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, February 24, 2003, 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 David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol 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 February 19, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinances #2003-1 and
#2003-3 by tape. Commissioner Masden seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on February 19, 2003, as follows: 1) Hearing to Create a Local Improvement District in Weld
County, Colorado, to be known as Weld County Chambers Tracts Subdivision Water and Sewer Local
Improvement District No.2003-1;2)Hearing for Ascertainment of Costs of Improvements for Weld County
Chambers Tracts Subdivision Water and Sewer Local Improvement District No. 2003-1; 3)A Site Specific
Development Plan and Use by Special Review Permit #1408, Charles and Marian Baum; and 4) A Site
Specific Development Plan and Amended Use by Special Review Permit #794, Galeton Community
Church, do Todd Hodges Design, LLC. Commissioner Masden seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
2003-0539
BC0016
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $986,528.04
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MARCH 30, APRIL 26 AND 27, JUNE 1, JULY 6, AND OCTOBER 4 AND 5, 2003 - LEAHY FAMILY
FARM, LLC: Bruce Barker, County Attorney, stated the applicant applies for events with over 350 people
attending on an annual basis. Responding to Commissioner Jerke, David Leahy, co-owner, stated these
are AMA Motorcycle events. Commissioner Geile moved to approve said application. Commissioner Vaad
seconded the motion, which carried unanimously.
CONSIDER REQUEST FOR RENEWAL AND EXPANSION FUNDING FOR COLORADO NURSE HOME
VISITOR PROGRAM: Dr. Mark Wallace, Director of Department of Public Health and Environment,stated
this request contains two components of the Colorado Nurse Home Visitor Program. He stated it will
renew the program for the second year, and expand the program capacity to serve eligible clients in Weld
County to support health education and other resources for new young mothers during pregnancy and the
first years of their infants'lives. Dr.Wallace stated if State funding is reduced,the program will be reduced
accordingly. Responding to CommissionerJerke,Mr.Warden explained the State has total discretion over
how to spend the tobacco settlement dollars. Commissioner Vaad moved to approve said request.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR NUCLEAR TECHNOLOGIST TRAINING PROGRAM AND AUTHORIZE
CHAIR TO SIGN - AIMS COMMUNITY COLLEGE: Walt Speckman, Director of Department of Human
Services, stated this agreement is to continue the implementation of the Nuclear Medicine Technologist
Training Program. The term of the agreement is March 1,2003,through October 31,2004. Commissioner
Geile moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Masden, and it carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR WAGNER-PEYSER 10% FUNDS FOR
GOVERNOR'S SUMMER JOB HUNT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman
stated this request is in the amount of$19,063.78 for the summer youth program. Commissioner Masden
moved to approve said Expenditure Authorization and authorize the Chair to sign. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR ADULT DAY CARE AND AUTHORIZE CHAIR
TO SIGN - ELDERGARDEN, INC.: Mr. Speckman stated this agreement purchases 9,000 units of adult
day care services for a term of January 1,2003,through December 31,2003. Commissioner Geile moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion
carried unanimously.
Minutes, February 24, 2003 2003-0539
Page 2 BC0016
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR PEER COUNSELING AND AUTHORIZE
CHAIR T O SIGN - N ORTH RANGE BEHAVIORAL H EALTH: M r. S peckman stated t his a greement
purchases 1,800 units of peer counseling services for 110 seniors. Commissioner Vaad moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR HOME DELIVERED MEALS AND
AUTHORIZE CHAIR TO SIGN - MEALS ON WHEELS, INC.: Mr. Speckman stated this agreement
purchases 24,000 units of home delivered meals for 175 homebound seniors. The term of the agreement
is January 1, 2003,through December 31, 2003. Commissioner Jerke moved to approve said agreement
and authorize the Chair to sign. Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR HOME HEALTH CARE AND AUTHORIZE
CHAIR TO SIGN - RVNA HOME HEALTH CARE, INC.: Mr. Speckman stated this agreement purchases
1,540 units of homemaker and personal care services for 30 frail and disabled seniors. Commissioner
Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR OUTREACH TO HISPANIC ELDERS AND
AUTHORIZE CHAIR TO SIGN - CATHOLIC CHARITIES NORTHERN: Mr. Speckman stated this
agreement purchases 2,400 units of outreach services for 170 Hispanic seniors 60 years and older.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR LEGAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - CHARLES CONNELL: Mr. Speckman stated the agreement purchases legal services
at the rate of$32.50 per hour for consultation and$42.50 per hour for court appearance, but not to exceed
the sum of$7,500. Responding to Commissioner Jerke, Mr. Speckman stated this is used most often for
those seniors who need help preparing wills. Responding to Commissioner Jerke's comments regarding
the government's role in obtaining legal services, Mr. Speckman stated there is no income test; however,
the program is used most often by people who are renting,with either immediate heirs, or many immediate
heirs, and does not often include real property. Mr. Warden stated the Area Agency on Aging identified
this as a need in Weld County, and subsequently, funding was received. Commissioner Masden moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Geile, and it carried unanimously.
CONSIDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) BUSINESS
ASSOCIATE ADDENDUM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this addendum
brings the County into compliance with the Health Insurance Portability and Accountability Act of 1996 to
provide confidentiality to clients' medical records. Mr. Warden stated the Board will be seeing many of
these before April 15, and that he is working on a procedure manual for Board approval. Commissioner
Jerke moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER FOUR-YEAR PLANNING AND SERVICE AREA AGING PLAN FOR TITLE III AND TITLE VII
OLDER AMERICANS ACT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this includes the
needs assessment, which is a draft overview of what the next four years will look like programmatically.
Commissioner Masden moved to approve said plan and authorize the Chair to sign. Commissioner Jerke
seconded the motion, which carried unanimously.
Minutes, February 24, 2003 2003-0539
Page 3 BC0016
CONSIDER TEMPORARY CLOSURE OF WCR 53 BETWEEN WCRS 44 AND 46: Frank Hempen, Jr.,
Director of Department of Public Works, requested closure, beginning February 25, 2003, for four days
to replace an irrigation pipe. Commissioner Jerke moved to approve said temporary closure.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 39 AND AUTHORIZE CHAIR TO SIGN - ROOT FARMS, LLC: Mr. Hempen
stated this is for the project at the intersection of Weld County Roads 39 and 44. It includes acquisition
of right-of-way, and the reconstruction of an irrigation pond and concrete ditch. Mr. Hempen stated the
County will, based on the bid price, give Root Farms, LLC, the money to have the work completed.
(Changed to Tape #2003-07.) Commissioner Masden moved to approve said agreement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 77 AND AUTHORIZE CHAIR TO SIGN - MARIAN J. ALTERGOTT TRUST: Don
Carroll, Department of Public Works, stated this agreement derived from Recorded Exemption #3484,
when it became apparent the applicant was utilizing Weld County Road 77 to access the Subdivision lot
and the northeast quarter of Section 8. Per the agreement, approval would be given to utilize the west 30
feet of right-of-way on Weld County Road 77,south from State Highway 52. Responding to Commissioner
Jerke, Mr. Carroll stated there is also 30 feet of right-of-way east of the Section line, in case a future road
is desired. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2003-3, IN THE MATTER OF ENACTING CHAPTER 3,
ARTICLE 13, OF THE WELD COUNTY CODE: Mr. Warden stated Code Ordinance #2003-3 has been
read by tape. Mr. Barker stated this is the drug and alcohol testing policy for the Federal Transit Authority,
which was originally adopted in 1976. He stated the Colorado Department of Transportation has reviewed
the changes to make sure they comply. No public input was given. Commissioner Vaad moved to approve
Code Ordinance #2003-3 on first reading. Commissioner Masden seconded the motion, which carried
unanimously.
SECOND READING OF CODE ORDINANCE #2003-2, IN THE MATTER OF ENACTING CHAPTER 8,
PUBLIC WORKS,ARTICLE VII STORM WATER MANAGEMENT PROGRAMS,OF THE WELD COUNTY
CODE: Commissioner Vaad moved to read Code Ordinance#2003-2 by title only. Commissioner Jerke
seconded the motion, which carried unanimously. Mr. Barker read said title for the record. Mr. Barker
stated since first reading it was determined by staff that it should be moved from Chapter 16 to Chapter
8, Public Works. Originally, it was thought that each of the agreements would require its own article;
however, Mr. Barker has determined the Intergovernmental Agreements are all the same. Therefore,they
will be consolidated into one policy. He stated there is an agreement with Evans/LaSalle, Greeley, and
Erie,currently,and Longmont's will be added in the future. Mr.Warden stated Longmont is signing a letter
of intent, which allows us a year to work out the Intergovernmental Agreement. He explained they are
being cautious because of a dairy farm that gives them concern. No public input was given on this matter.
Commissioner Vaad moved to approve Code Ordinance#2003-2 on second reading and requested a roll
call vote. Commissioner Masden seconded the motion, which carried four to one, with Commissioner
Jerke voting against approval.
PLANNING:
CONSIDER MOBILE HOME PERMIT,ZPMH#2354-GARYAND JOYCE KNIGHT AND BRUCE KNIGHT:
Wendy Inloes, Department of Planning Services, stated the request is for a mobile home to be used for
temporary use during a medical hardship; however, staff recommends denial, since the information
provided by the applicant does not justify that full-time care is required. Butch Knight, applicant, stated he
Minutes, February 24, 2003 2003-0539
Page 4 BC0016
suffers from seizures, and everyone keeps an eye on him. Responding to Commissioner Masden, Mr.
Knight stated he did have a Commercial Drivers License; however, he currently holds a Class A License.
He said he has a steel plate in his head, and suffers seizures. Responding to Commissioner Jerke, Ms.
Inloes stated staff did discuss options with the applicant; however, a Recorded Exemption was done in
January 2000, therefore, it is not now eligible for another one. She stated they also discussed the
possibility of a Use by Special Review Permit; however, the applicant wants the mobile home immediately,
and there was no guarantee it would be approved. Responding to Commissioner Jerke, Mr. Barker stated
the time requirement between filing Recorded Exemption applications applies to amendments, as well as
original applications. Janice Beach,a friend of the applicant,stated Mr. Knight is currently working in order
to pay child support, but he should not be working. She stated he does have seizures, and they are
currently applying for disability; however, because of the child support he owes, he has no choice but to
work. Commissioner Jerke moved to deny ZPMH #2354 for Gary and Joyce Knight and Bruce Knight for
a mobile home to be used as a temporary use during a Medical Hardship, because the applicant has not
proven a medical condition which would require medical care at the residence, pursuant to the Weld
County Code. Commissioner Masden seconded the motion, which carried unanimously. Commissioner
Geile stated he has had experience with this type of injury, and it does create a safety issue for other
employees. Since it has to be substantiated annually, he would view it as a medical hardship. He
requested a roll call vote. Commissioner Vaad stated he will support the motion, after ascertaining from
Ms. Inloes that the applicant, upon receipt of disability from the State, could reapply at that time. The
motion carried three to two,with Commissioners Geile and Long against the motion. Commissioners Jerke
and Masden stated they are concerned about the exit strategy, which somehow has to be addressed for
this type of approval.
FIRST READING OF CODE ORDINANCE #2003-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26
MIXED USE DEVELOPMENT,OF THE WELD COUNTY CODE-WELD COUNTY ROAD 1 COALITION:
Mr. Warden stated Code Ordinance #2003-1 has been read by tape. Robert Anderson, Department of
Planning Services, stated this is a joint application from the owners of 13 parcels of land along the western
boundary of Union Reservoir. He stated the application parcels comprise 387 acres to be designated for
potential residential development. Mr.Anderson stated since the application was submitted in April 2002,
the Longmont IGA Comprehensive Plan and Code Revisions, as well as the County Road Impact Fee,
have been approved and adopted by this Board.The proposed amendment area falls within the boundaries
of the adopted IGA area, is indirectly affected by the changes to the Comprehensive Plan and Code
changes, and falls within Road Impact Fee Area 3. Based upon a review of the submitted application
materials, the Weld County Planning Commission has found that the applicant has not complied with
Articles 1 and 2 of Chapter 26 of the Weld County Code, which describes the intent, purpose, goals and
policies, and development standards of the Mixed Use Development Area. Mr. Anderson stated the
applicant has not demonstrated compliance with Section 22-1-50 of the Weld County Code,which defines
the Comprehensive Plan amendment procedure. He stated the application materials indicate the proposed
amendments for inclusion into the MUD propose service by the Saint Vrain Sanitation District, Little
Thompson and Saint Vrain Water Districts, Mountain View Fire Protection District, and Saint Vrain Valley
School District, although confirmation of such services has not been presented. The Saint Vrain Valley
School District opposes this inclusion into the MUD. Mr. Anderson stated 12 agency referrals were
distributed;seven agencies responded,with six agencies including conditions which have been addressed
through Development Standards and Conditions of Approval. He stated it was the opinion of the Planning
Commission that the applicant has not demonstrated that the proposed amendment is adjacent or
contiguous to the existing 1-25 MUD area. The parcel of land, which is owned fee simple by the Union
Reservoir Company, is not a part of this application and is located on the northern perimeter of the parcel
owned by Clover Industrial, LLC, which physically separates the remaining parcels included in the
application. Mr.Anderson further stated the Planning Commission found continuity cannot be established
using Weld County Road 1, since addition of the word "adjacent" to the requirement of adjacent and
Minutes, February 24, 2003 2003-0539
Page 5 BC0016
contiguous appears to be intended to differentiate inclusion into the MUD from general annexation statutes.
It is the opinion of the Planning Commission that approval of this application may set a precedent for
flagpole inclusions into the MUD and recommended denial of this application. Mr. Barker advised that,
since the applicant is not present, the Board approve the ordinance on first reading, then be sure the
applicant is present for second reading. Responding to Commissioner Vaad, Mr. Anderson stated the
Saint Vrain School District recommended denial based on the impact on already over-crowded schools.
No public testimony was given. Commissioner Jerke moved to approve Code Ordinance#2003-1 on first
reading. Commissioner Vaad seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances #2003-3 and #2003-1 were approved on first reading, and Code Ordinance
#2003-2 was 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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
���® WEISOUNTY, COLORADO
ATTEST: ill 1. EC\ cam/
vii.Long, Chair
Weld County Clerk to th.
Robert D. a den, Pro-Te
BY: 7Deputy Clerk to the Boar
M. J. Geile
W ilberke/tteke
Glenn Vaad
Minutes, February 24, 2003 2003-0539
Page 6 BC0016
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