HomeMy WebLinkAbout20033147.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 12, 2003
TAPE #2003-43
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, November 12, 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 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 November 10, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,JUVENILE COMMUNITY REVIEW BOARD-JOYCE HAUSE:Chair Long
read the certificate recognizing Joyce Hause for her work on the Juvenile Community Review Board. Ms.
Hause was not present to receive her award.
RECOGNITION OF SERVICES,WORKFORCE DEVELOPMENT BOARD-PEGGY AUKER: Chair Long
read the certificate recognizing Peggy Auker for herwork on the Workforce Development Board. Ms.Auker
was not present to receive her award.
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad reported that the Department of
Public Works took advantage of the recent moisture received, by having road grader operators work
nine-hour days.
2003-3147
BC0016
// - zs-03
•
Commissioner Masden stated he went to Estes Park for the Energy Impact grant applications and all Weld
County projects were voted on favorably.
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 $96,325.95
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE CABLING FOR THE CENTENNIAL CENTER 1ST FLOOR REMODEL BID - DEPARTMENT
OF FINANCE: Mr. Warden stated the Department of Finance recommends approval of the low bid from
Piper Communication Services, Inc., in the amount of $14,919. Responding to Commissioner Geile
regarding the remodeling project in the Centennial Center, Mr.Warden stated the communications area on
first floor will become records for the Court, then the records area in the Courthouse will be turned into a
courtroom. Commissioner Vaad moved to approve said bid as recommended by staff. Commissioner
Jerke seconded the motion, which carried unanimously.
APPROVE INMATE MEDICAL SERVICES BID - SHERIFF'S OFFICE: Mr. Warden stated the Sheriff's
Office recommends approval of the low bid from Dream Team Medical, Inc., in the amount of$850,000.
He stated all the vendors have a problem with obtaining bonding; however,the recommended vendor has
provided a Letter of Credit for 30 days, therefore, the County is adequately covered. Rick Dill, Jail
Administrator,stated the stop loss caps are better with this vendor,and staff is satisfied that,with the Letter
of Credit,the vendor has met all the requirements of the bid. Commissioner Geile moved to approve said
bid as recommended by staff. Commissioner Vaad seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER GRANT AGREEMENT FOR WEED MANAGEMENT COOPERATIVES IN WELD COUNTY
AND AUTHORIZE CHAIR TO SIGN - NATIONAL FISH AND WILDLIFE FOUNDATION (CON'T FROM
11/03/2003): Ron Broda, Department of Public Works,stated$25,000 has been awarded for final approval
of the Board. Bruce Barker,County Attorney,stated the grant application does not require a Federal audit
other than that Weld County provide in-kind services or matching funds. Responding to Commissioner
Masden, Mr. Broda stated he will work with landowners along the three rivers to allow property owners to
organize as a group to fight common weeds. He further stated approximately$52,000 will be costs to the
landowners. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HLC FINANCIAL, INC.: Raelene
Anderson,Assessor's Office,stated the taxpayer originally reported a computer system including software,
which is exempt; therefore, the abatement is to remove the software from the valuation. Ms. Anderson
recommended approval. Commissioner Masden moved to approve said petition as recommended by staff.
The motion, which was seconded by Commissioner Jerke, carried unanimously.
Minutes, November 12, 2003 2003-3147
Page 2 BC0016
CONSIDER TASK ORDER OPTION TO RENEW LETTER #3 FOR AIR POLLUTION CONTROL
DIVISION/MONITORING PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of
Public Health and Environment,stated this is a renewal letter for the Air Quality Program,which has been
operating the last few years. He stated it is basically unchanged, and under this program,staff maintains
an air quality monitoring network, conducts inspections, and provides enforcement and surveillance of
stationary sources. He stated staff will also process permits for open burning, locate and identify
unpermitted air pollution sources,and conduct other air quality program activities. Dr.Wallace stated the
term of the agreement is January 1, 2004, through December 31, 2004. Responding to Commissioner
Masden, Dr.Wallace stated we are monitoring particulate matter,as well as carbon monoxide and ozone
containment. He stated the EPA will be making changes in ozone levels; however,the changes have not
yet been totally defined, although Weld County will be affected. Commissioner Masden stated the new
attainment numbers may have a great impact, particularly with the oil and gas activity currently occurring
in Weld County. Commissioner Vaad stated the North Front Range Air Quality Council is meeting on the
21st to hear the attainment issue. Responding to Commissioner Jerke, Dr. Wallace stated Weld County
did achieve attainment status on carbon monitoring. Commissioner Geile moved to approve said task order
option to renew letter and authorize the Chair to sign. The motion was seconded by Commissioner Vaad,
and it carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR PATHOLOGIST SERVICES PURSUANT TO FEDERAL
CLINICAL LABORATORY IMPROVEMENT ACT(CLIA)AND AUTHORIZE CHAIR TO SIGN-JERRY WEIL,
M.D.: Dr.Wallace stated this amendment concerns the operation of the laboratory. He stated the County
originally entered into the agreement with a consulting pathologist on November 1, 1995,with no changes
being made since the agreement was approved. This amendment changes the hourly rate from$75 to$80
and increases mileage to $.34 per mile. Commissioner Vaad moved to approve said amendment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Geile, carried
unanimously.
CONSIDER AGREEMENT FOR CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN -
UNIVERSITY OF NORTHERN COLORADO: Dr. Wallace stated under this agreement, the department
provides clinical training experience for the University of Northern Colorado School of Nursing,and the term
is from December 1, 2003, through November 30, 2006. He stated there is no monetary compensation,
we only provide a site for student nurses. Commissioner Geile moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 35 BETWEEN WCRS 48 AND 394: Dale Elliott,
Department of Public Works, stated Weld County Road 35 will be closed November 17, 2003, for
approximately five days for a culvert replacement. Commissioner Vaad moved to approve said temporary
closure as recommended by staff. Commissioner Geile seconded the motion,which carried unanimously.
CONSIDER REQUEST FROM NOXIOUS WEED CONTROL ADVISORY BOARD FOR INTEGRATED
WEED MANAGEMENT PLANS: Mr. Broda stated a copy of the letters have been sent to leasees where
appropriate,and the concerns of the Board have been addressed. Commissioner Geile stated Mary Jane
Blets, who is on the list, is involved in negotiations which are somewhat sensitive regarding the Poudre
River Trail, which he does not want to be compromised. Mr. Barker stated he and Mr. Broda have had
some discussion with her, and they will contact her again. Commissioner Jerke moved to approve said
request. Commissioner Vaad seconded the motion, which carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#3636-A. R. (ALVIN)BRAND,JR.: Chris Gathman, Department
of Planning Services, stated this applicant has a pending zoning violation on the property for having two
residences on a single parcel. He stated the vacation of the older residence as a dwelling unit was a
Minutes, November 12, 2003 2003-3147
Page 3 BC0016
Condition of Approval for Recorded Exemption #2505, and was not completed, resulting in the zoning
violation. He stated the applicant intends to use the older residence as housing for people starting out in
the teaching profession. Mr. Gathman stated an ISDS evaluation has not been required; however, if
approved, he requests it be required by adding a Condition of Approval. Mr. Gathman stated a flag lot
easement is necessary for access, which does not meet the recorded exemption requirements. Alvin
Brand,Jr., applicant,stated on September 10,2002, he presented information to the Board in a Violation
Hearing regarding the request from the principal in Fort Lupton for housing for school teachers. At that time
he stated he instructed him to apply for a Recorded Exemption and the Board waived the ten-year rule.
When he came in to apply,Department of Planning Services staff recommended a Use by Special Review;
however, his technical representative, Bob Rickard of Flatiron Surveying, recommended he apply for the
Recorded Exemption because of the Board's waiver. Responding to Commissioner Geile,Mr.Brand stated
the older residence was built in approximately 1908, and is an 800 square foot house. Responding to
Commissioner Vaad,Mr. Brand stated he was the owner when Recorded Exemption#2505 was approved,
and the house was going to be abandoned and used for storage; however,the solicitation from the school
district was received after that. He stated many teachers are repaying loans and have a limited ability to
rent houses. Commissioner Vaad stated a Use by Special Review appears to be a better approach than
a Recorded Exemption. Although he agrees with the ultimate goal,Commissioner Vaad stated he was not
present when the ten-year rule was waived. Responding to Commissioner Jerke,Mr. Brand stated he rents
the house for $400 per month, and he resides on Lot A. Mr. Brand stated the petroleum apparatus is
approximately 225 feet from the residence,there is no public water,and the closest road is Weld County
Road 19. Mr.Brand stated there is one domestic well,shared through a pipeline to the older house,as well
as his mother's house, which is located on proposed Lot B. Responding to further questions from the
Board, Mr. Brand stated there are three septic systems, and he is prepared to write easements as
necessary to access all three parcels. No public testimony was given. Commissioner Jerke stated he is
reluctant to separate properties with only one water source. Mr.Gathman stated a well permit was issued
in 1978 for the entire 40 acres before Recorded Exemption#2505 was approved. Condition#3.1 required
a shared well agreement. Mr. Barker stated there would be a problem with a parcel of 1.5 acres,since the
State is reluctant to grant water permits for lots less than 2.5 acres in size. Mr. Gathman stated he is
uncertain whether there is a regulation against it at the State level,however,there are setback issues with
Weld County's Code. Responding to Commissioner Vaad, Mr. Gathman stated a Use by Special Review
is the best way to proceed,rather than splitting the parcels. Mr.Barker stated a Subdivision Exemption with
the Recorded Exemption would not have worked because one residence was not there at the time
Recorded Exemption #2505 was approved. Responding to Commissioner Vaad, Deborah Blandin,
Department of Public Health and Environment, stated the applicant did submit a permit for each of the
existing homes,however,the one submitted for the older residence was not attached to a physical address,
therefore,staff could not determine whether the proposed LotA has a septic permit. Ms.Blandin stated that
since the older home has not received an ISDS evaluation, the septic system would have to meet any
setback requirements, and staff may have to physically locate the system to insure the requirements are
met. She stated the system would also have to be reviewed to determine whether it is adequately sized
and functioning properly, since there is only a grandfather clause for size.
Commissioner Vaad stated approval of this application would create a saleable property without a water
source,and he cannot justify a residence being allowed without water and septic in place. Responding to
Commissioner Jerke, Mr. Rickard stated proposed Lot A is currently 1.5 acres; however, it could be
increased to 2.5 acres to meet the minimum lot requirement. He stated the Board of Commissioners
instructed the applicant to apply for a Recorded Exemption,not a Use by Special Review,and he would be
willing to work with staff to reconfigure the lots. Commissioner Vaad stated he cannot justify approving the
Recorded Exemption and he does not remember the instruction to apply for a Recorded Exemption. He
stated the Use by Special Review is a better way to deal with this issue; however, he does not want to
cause more expense for the applicant. He stated the lot is isolated and, although the intent is not to sell,
it could be sold at some time in the future and he cannot support approval of the Recorded Exemption.
Minutes, November 12, 2003 2003-3147
Page 4 BC0016
CommissionerJerke stated he concurs with Commissioner Vaad,and he is concerned that a house which
was supposed to be destroyed suddenly has a new life and a creation of a new property is being
contemplated, which may allow for a future sale. Commissioner Jerke stated sharing a water source is
problematic, as is the older septic system. Mr. Rickard clarified the Condition of Approval did not require
destruction of the house,but stated it would be used for storage. Commissioner Geile stated he does not
remember this case,however,after reviewing the resolution from the Violation Hearing,the instruction was
given. Therefore, he moved to approve the Recorded Exemption with the understanding that the lot size
be increased to 2.5 acres. He stated the Board is obligated to fulfill the instruction given to the applicant.
Commissioner Masden seconded the motion.
Chair Long stated the question of the water had not been raised at the time of the Violation Hearing,and he
was not aware that a committed water source was not available. Commissioner Jerke stated Mr. Rickard
indicated the applicant could configure the lots to obtain the 2.5 acre minimum lot size,and he questioned
whether the applicant would also be amenable to applying to the State for two more wells. Mr.Brand stated
he is agreeable to applying for separate wells;however,the cost of digging a well is too high to agree to that.
He stated the properties are one mile from Dacono City water, and he does intend to apply for separate
wells at some time in the future. Commissioner Jerke stated it would have to be a Condition of Approval
that two new wells be installed. Mr. Brand stated it would cost almost$50,000, and Commissioner Jerke
responded that it would cost$20,000 for each water tap hookup,which would be the alternative if Dacono
water is brought in. Mr. Brand stated he will do whatever is required; however, it is a lot of expense and he
would rather apply for the permits without installing the wells. Mr. Gathman stated when Recorded
Exemption#2505 was approved,the applicant was granted a shared well between the two lots,therefore
he would recommend a separate well only on proposed Lot A. Responding to Commissioner Vaad, Mr.
Gathman stated Recorded Exemption#2505 was approved administratively. Commissioner Vaad stated
since he was not in attendance at the Violation Hearing, he does not remember discussion regarding the
Recorded Exemption; however, he agrees with Commissioner Jerke. Commissioner Vaad stated that
during the process of reviewing Recorded Exemption#2505 the applicant agreed to use the older home only
as storage; however, because of the request of the school district, it has again become a residence. He
indicated he would also require the installation of a water source to all three properties,in order that if and
when a parcel is sold, it would be complete.
CommissionerJerke questioned whether the motion included a requirement for the applicant to receive two
additional well permits and install wells on the two front properties. Commissioner Geile stated he would
like to deal with this application in the same manner as any other Recorded Exemption, in order to avoid
inconsistency;therefore,he amended his motion to include requirements that the two parcels be required
to have wells permitted and installed, and receive ISDS evaluations. Commissioner Masden, who
seconded the motion,stated he agrees with the amended motion. Mr. Barker stated the onlyway staff can
monitor the application for and receipt of a well permit and installation of the well is if it is required prior to
recording the plat; however,generally a well permit insures water is available,and the applicant has a year
and a half to install the well. Responding to Commissioner Vaad, Mr. Gathman stated there is a 45 day
process after the application is submitted, then a one-year period in which to drill the well or renew the
permit. Commissioner Vaad stated he would like to have the well permits approved without the expense
for the applicant to build the wells immediately,then if the lots are sold,they will be buildable,although they
will all have to be a minimum of 2.5 acres. Responding to Mr. Brand, Chair Long stated the original
Recorded Exemption was granted administratively,and he directed staff to give more detailed attention to
approval when water is not available. Commissioner Geile stated his intention was to include a minimum
lot size of 2.5 in his motion. Commissioner Vaad questioned whether it would be wise to continue this
matter to allow Mr. Barker and staff to review the configuration,as well as the issue of the well, in order to
determine the time frame for processing. Commissioner Geile stated he does not mind continuing the
issue;however,there is a resolution that must be honored,and the Board is obligated,because of its prior
action. Therefore, he will withdraw his motion for approval. Commissioner Masden stated he would
Minutes, November 12, 2003 2003-3147
Page 5 BC0016
withdraw his second,and Commissioner Jerke stated honoring the past action of the Board is paramount;
however,the Board must also ensure properties are established and separated properly. Commissioner
Vaad moved to continue this matter to December 10,2003,at 9:00 a.m.,with no action to be taken on the
violation until the question is resolved. Seconded by CommissionerJerke,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.
There being no further business, this meeting was adjourned at 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ikeil 1 tr r�IC": ��` EXCUSED DATE OF APPROVAL
„`���'11 , 'r avid E. L ng, Chair
Weld County Clerk to the Bard f, _
I " Robert D. den, Pro-Tem
Deputy Clerk to the Board-&' ; �I
. J. eile
William H. Jerke
rnJLA
Glenn Vaad
Minutes, November 12, 2003 2003-3147
Page 6 BC0016
Hello