HomeMy WebLinkAbout20031306.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 2003
TAPE #2003-19 & 20
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 21, 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:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of May 19, 2003, as printed. Commissioner Masden seconded the motion, and it 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 Geile seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MENTAL HEALTH MONTH, MAY 2003: Chair Long read the certificate recognizing May as Mental Health
Month, and April Casteel, North Range Behavorial Health accepted the certificate and issued an invitation
to everyone to a"Picnic in the Park"on May 28, 2003, at 5:00 p.m., at Island Grove Park. Ms. Casteel also
introduced three volunteers who accompanied her.
GREELEY INDEPENDENCE STAMPEDE, JUNE 26 - JULY 6, 2003: Chair Long read the certificate
proclaiming Greeley Independence Stampede to be June 26 through July 6, 2003. Lynn Casseday and
Joe Naly, Stampede Committee Members, read and presented a certificate from the 81st Annual Greeley
Independence Stampede, recognizing Weld county's support of the Stampede. Responding to
Commissioner Geile, Mr. Casseday stated the Stampede is successful because of the efforts of 400
Wranglers and 2,500 total volunteers. He explained the Stampede does pay groups, such as bands and
schools, to assist. Mr. Casseday also introduced Mark Geile, who will be a committee member next year,
and stated last year the Stampede attracted visitors from all 50 states and 13 countries.
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COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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 $56,488.26
Electronic Transfers -All Funds $2,078.89
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 ROTOMILLING BID FOR VARIOUS AREAS FOR 2003-DEPARTMENT OF PUBLIC WORKS:
Mr.Warden stated the Department of Public Works has recommended approval of the low bid from Dustrol,
Inc., for a total bid price of$28,614.18. Commissioner Vaad moved to accept said bid. The motion,which
was seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER OPTION TO RENEW LETTER#3 FOR COLORADO NURSE HOME VISITOR
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Public Health and
Environment, stated this program is continuing after several years, and it is now being funded with Master
Tobacco Settlement money. He stated it supports 4.5 FTE's in the nursing staff and the focus is on
services to first-time mothers living in poverty. Dr. Wallace stated the term of the agreement is July 1,
2003, through June 30, 2004, and the total amount is $366,231. Commissioner Geile moved to approve
said renewal and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER TASK ORDER FOR TUBERCULOSIS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr.
Wallace stated this task order is funded by Federal dollars which are passed through the State. He stated
the contract is in the amount of$56,289, plus $12.50 per visit for directly observed therapy, which is not
to exceed an additional $20,000. Term of said agreement is July 1, 2003, through June 30, 2004.
Responding to Commissioner Masden, Dr. Wallace stated the recent outbreak has been completed and
all treatment given,with no further outbreaks. He said this contract returns the County to the base program
and, although the County continues to have an occasional case, it has not had another outbreak or a drug-
resistant case. Commissioner Masden moved to approve said task order and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER CONTRACT FOR EARLY AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT
SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr.Wallace stated this is a new contract with
the Colorado Health Care Policy and Finance Division, although the County has previously had this
program through the Colorado Health Department. He stated this is a regional contract and includes six
northeastern counties, which Weld County will administer. Dr. Wallace explained there is a change in the
calculation of cost, and the program has increased to a maximum of$119,850. Term will be July 1, 2003,
through June 30, 2004, and will continue to connect Medicaid children, ages zero to 21, with services. He
stated last year 6,000 clients were served. Commissioner Geile commented on the changes made at the
Minutes, May 21, 2003 2003-1306
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State, and moved to approve said contract and authorize the Chair to sign. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER 2003 FISCAL YEAR FEDERAL BUDGET AND AUTHORIZE CHAIR TO SIGN - AREA
AGENCY ON AGING: Walt Speckman, Department of Human Services, stated this is the final budget for
the current fiscal year, which runs from January 1, 2003, through December 31, 2003. Commissioner
Masden moved to approve said budget and authorize the Chairto sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER APPLICATION FOR COMMUNITY HEALTH INVESTMENT PROGRAM AND AUTHORIZE
CHAIR TO SIGN - PLATTE VALLEY MEDICAL CENTER: Mr. Speckman stated this is an on-going
program to work with residents in south Weld County. Commissioner Jerke moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WCR 57 BETWEEN WCRS 74 AND 76 -
DYER/DYER/LANG: Don Carroll, Department of Public Works, stated said petition was received to vacate
Weld County Road 56 right-of-way between Weld County Roads 74 and 76. He said there are three
adjacent property owners, and there is a lake in the center of the mile which splits the sectional line. He
said there is agricultural uses at both ends, and there is currently no County road. Mr. Carroll stated staff
supports the vacation. Responding to Commissioner Jerke, Mr. Carroll stated there will be a flagpole
access to the parcel which is north of Weld County Road 74. Robert Dyer, adjacent property owner, stated
he has lived there for 75 years and the County has never maintained the right-of-way, since it is only a
path. Commissioner Jerke moved to approve said vacation. The motion, which was seconded by
Commissioner Geile, carried unanimously.
PLANNING:
CONSIDER REQUEST TO VACATE USE BY SPECIAL REVIEW#1000 FOR A DRY-PIT GRAVEL MINE
IN THE A (AGRICULTURAL)ZONE DISTRICT-T AND T CONCRETE: Jacqueline Hatch, Department of
Planning Services, stated the request to vacate Use By Special Review #1000 was submitted as a
condition of Amended Recorded Exemption #1535. She said the Division of Minerals and Geology has
signed off on the property. Responding to Commissioners Jerke and Geile, Ms. Hatch said mining is no
longer being done on site, and Mr. Morrison stated the permit is no longer needed since the Division does
not maintain a permit after reclamation has been considered successful. Commissioner Vaad moved to
vacate Use By Special Review #1000. The motion, which was seconded by Commissioner Masden,
carried unanimously.
CONSIDER RECORDED EXEMPTION #3111 - MARVIN AND KAREN STERKEL: Sheri Lockman,
Department of Planning Services, stated this request is for a two-lot Recorded Exemption located one-half
mile west of Berthoud. She stated 10 agencies reviewed the application, and nine responded favorably,
with one requesting conditions be included. Ms. Lockman stated access is staffs only concern, and
explained the applicant plans to access from Weld County Road 46 across an existing property. She stated
the applicant was unable to obtain a new access agreement since the neighbors are reluctant to enter into
one. Ms. Lockman stated she has received numerous calls and two letters of opposition. Ms. Lockman
displayed pictures of the site. Responding to Commissioner Geile, Ms. Lockman explained the current
access is off Weld County Road 46, south to the property. She said it does not follow the easement, and
is partially on the adjacent property. Responding to Chair Long, she stated the property would be
landlocked without an easement to the north. Randolph Starr, Attorney representing the applicant,
explained that four parties, William and Jeanette Franek, Lyle and Ella Ratashak, James and Helen Parks
(currently Adwyn Lim owns the property), and Marvin and Karen Sterkel, signed the original agreement for
driveway easement 22 years ago, which expired after ten years. Upon request of Department of Planning
Services staff, Ms. Sterkle asked him to draft a new agreement, which was done in the maximum amount
Minutes, May 21, 2003 2003-1306
Page 3 BC0016
and included a cost sharing provision for all. Mr. Starr stated he has not looked at title records to see if
anyone else might also have title to adjacent properties; and he explained he cannot say whether the
Sterkels have a legal right to access their property through the easement which has expired; however,their
property cannot legally be landlocked. Steve Lyons stated he lives directly east of the Sterkels, and he
feels a new road would be a deterrent, since it would place a road directly behind his house. He stated
there was never an issue or problem until the Sterkels decided to sell part of their property, he sees
absolutely no benefit to himself, and is unwilling to help pay for a new road. Adwyn Lim stated he lives
directly north of the property, and has been there approximately 1-1/2 years. He stated one reason he
bought the property was that it was on a private road, with only one neighbor passing his home. Mr. Lim
stated he spoke to an appraiser, who told him his property would suffer in value if traffic on the road
increases, and he stated he is not in favor of the proposed split of the property. Jeanette Franek stated
she lives north of Mr. Lim and was a signor of the original agreement. She stated she was not initially
opposed to having an additional road for access; however, with the proposed agreement including
covenants and an association for upkeep of the road, she feels it is only being done to make the other
landowners share the cost of the road and is of benefit only to the Sterkels. Ms. Franek stated she
certainly opposes the proposal now. She further stated it is only a driveway, and the Sterkels should be
responsible for maintaining it. Responding to Commissioner Jerke, Ms. Franek stated she accesses her
property by a driveway from Weld County Road 46. (Changed to tape #2003-20.) Ella Ratashak stated
she lives east of and adjacent to Ms. Franek, and she does not feel it is necessary to change the existing
agreement with covenants and a road association, which no one wants. She stated one reason for living
in the country is not to be bothered with covenants, and that is why she will not sign the new agreement.
Responding to Commissioner Geile, Ms. Ratashak stated she has two accesses on her property, this one
and another driveway, and she feels the people living on the property using the access should be
responsible for maintaining it; therefore, she is opposed to this split. Lynn Lyons stated she lives on Weld
County Road 7 and she believes this will lower the value of her property; therefore she does not want to
participate in any agreement to change the road, or establish a road association with cost sharing. Ms.
Lyons stated there is no benefit whatsoever to her. Mr. Lyons stated he is not sure who is currently
responsible for the upkeep of the road, but he thought after the snow storm earlier this year, Mr. Lim plowed
it, not the Sterkels.
Mr. Starr explained the Covenants and road agreement would not have been prepared if Department of
Planning Services staff had not asked for it. He said the Sterkels are perfectly content to leave everything
the way it is, with only the extension of the road to the new parcel being created. Karen Sterkel, applicant,
clarified that Mr. Lim did clear part of the road after the storm; however, she paid to have the largest portion
cleared. She stated they have always done most of the maintenance on that road. Responding to
Commissioner Geile and Chair Long, Mr. Starr stated the road will remain as is if the application is
approved, and the purchaser will decide where to put any improvements, with the Sterkels giving them an
easement. Responding to Commissioner Vaad, Mr. Starr stated his clients have not pursued any other
access because they already have lawful access,and he indicated the agreement states what the driveway
is for, and that no substantial increase in the type or quantity of vehicles shall be allowed. He stated he
does not believe one additional home will increase traffic significantly, and the County does not need to
concern itself with that provision. Responding to Commissioner Vaad, Mr. Morrison stated it would be up
to the original signators to determine whether to take action to let the Court determine whether this would
be a "substantial increase"; however, the agreement would not expire because they felt it was substantial.
He said they would have to take legal action. Mr. Morrison stated staff typically asks for access
agreements, and if one is executed, the Board of Commissioners does not hear the case. He reiterated
the issue of whether or not a substantial change occurs is a civil issue; however, if the Board feels it is
substantial enough, it could be a determining factor in making a decision. Responding further to
Commissioner Vaad regarding the impact of denial by the Board, Mr. Morrison stated it would not prevent
a future application for a Recorded Exemption being submitted; however, they would first have to
demonstrate a substantial change had occurred in the application, which may include alternative access
or the Court adjudicating that this is not a substantial increase in the type and quantify of vehicles. Mrs.
Minutes, May 21, 2003 2003-1306
Page 4 BC0016
Sterkle clarified that with the new agreement, anyone not using the road, would have no cost to them;
however, if access is desired in the future, they would need to help maintain it. She stated Lim's
responsibility would be for one-third of the cost of gravel and she would be responsible for two-thirds of the
cost. Ms. Sterkel stated one residence does not add enough traffic to be considered significant. She
further stated the Covenants in the agreement were very minimal, and they did not intend to move ditch,
or cause problems; however, they have done the majority of maintenance in the past. She apologized to
the neighbors for upsetting them, but stated this has been their dream and investment to maintain the
property through retirement. She stated sale of the parcel would allow them to reach their dream.
Responding to Commissioner Geile, Mr. Starr said he has not been asked to look at whether the agreement
is in effect past the ten-year period of the original agreement; however, Mr. Morrison stated he would
assume access had been established by use. Mr. Starr indicated easement was given prior to the
agreement, and Mr. Morrison stated as a general rule in similar cases, the user cannot substantially
increase the usage of an easement beyond what was anticipated at the time the easement was granted.
Responding further to Commissioner Geile, Mr. Morrison stated the law provides the user of an easement
is obligated to maintain the easement, although there may be different degrees of users. Commissioner
Vaad stated he does not find the access to be settled, and using four property owners being the original
signators of the agreement, it is a 25 percent increase. He stated, until this issue is cleared up by some
litigation or agreement, it would only create future potential problems by adding another property owner.
Therefore, since access to the additional lot is not substantially clear, Commissioner Vaad moved to deny
the request of Marvin and Karen Sterkel for Recorded Exemption#3111. The motion,which was seconded
by Commissioner Jerke, 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
W F OUNTY, COLORADO
ATTEST: at, !,j,' m '''p
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vid E. Lon , Chair ,\
Weld County Clerk to the 'oa � ,,
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� , Robert D. en, Pro-Tern
BY: �/L aC12.
Deputy Clerk to the Boa'
M. J. eile
William H. Jerke
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Glenn Vaad
Minutes, May 21, 2003 2003-1306
Page 5 BC0016
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