HomeMy WebLinkAbout20031999.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 4, 2003
TAPE #2003-30
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, August 4, 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 July 30,2003,as printed. Commissioner Vaad seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on July 30,2003,as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1423-Heather Weir;and 2)Change of Zone,MZ#1017-Jeff and Teresa Stamp c/o 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 Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
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 $293,070.95
Electronic Transfers -All Funds $1,098,877.02
2003-1999
BC0016
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 39 AND AUTHORIZE CHAIR TO SIGN -CARLOS OJEDA, SERGIO OJEDA, AND
MARCELINO OJEDA, (CON'T FROM 07/21/2003): Don Carroll, Department of Public Works,stated this
matter was continued from July 21, 2003, and, although he has tried working with the adjacent property
owners to resolve the access issue, he has not been able to do so. Mr. Carroll stated the applicant is
currently accessing his property down the ditch road, and stated there is 30 feet of right-of-way adjacent
to the English Feedlot. Mr. Carroll stated several options have been investigated; however, none of the
options are agreeable to all property owners. Therefore, he asked all property owners to be here today.
Responding to Commissioner Jerke, Mr. Carroll reiterated the applicant and Mr. Torres both access their
properties from Weld County Road 10, north on the Weld County Road 39 right-of-way, on the east side
of the English Feedlot. Mr. Barker stated the property owned by Mr. Torrez and Mr. Ojeda was illegally
split. He stated that, even though split, neither lot will be eligible for a Building Permit, and needs to go
through the Recorded Exemption process. Responding further to CommissionerJerke,Mr. Barker stated
the first action to correct this would be to correct the Recorded Exemption which gave each of them 40
acres, and they could both apply together to correct that. Responding to Mrs. Ojeda, Mr. Barker stated
the previous owner is out of the picture,and Mr.Ojeda should work with Mr. Torrez to correct the Recorded
Exemption. Commissioner Geile stated the Ojeda's may have legal recourse since they were
misrepresented during the sale of the property, and he indicated that, with right-of-way available, an
agreement would improve the situation, since they could then develop the road. Responding to
Commissioner Vaad, Mr. Carroll indicatd the fence is on the section line,and the right-of-way is on the east
side of the section only, on the English property. Tom Barrowman, English Feedlot, stated there is a
sprinkler head used for dust control, isolation valves,and utility lines present near the line,therefore,they
cannot move their fences in. He reviewed the condition of the road,and explained there is a low spot in the
road which collects water, and to build up a road for adequate drainage would be cost prohibitive.
Responding to Chair Long, Mr. Carroll stated the right-of-way was established in 1889. Responding to
Commissioner Vaad,Mr. Carroll stated the owner before Mr. Torrez was Mr. Stewart,who accesses from
Weld County Road 37. He stated they have been trying to reach him to acquire a 12 foot access easement;
however, have not be able to do so. Commissioner Geile stated the agreement is the only solution, if it is
not approved,there is a landlocked property. Mr. Barker stated it would landlock the property; however,
they still have a right to use public road right-of-way,and the agreement would provide some responsibility
with respect to maintenance for those roadways which are not maintained bythe County. He reiterated the
public has a right to use it, until it is vacated. After further discussion about possible options, Mr. Warden
questioned the consequences of the Board of Commissioners choosing not to act on this agreement. Mr.
Barker stated if a Recorded Exemption is done,an agreement or easement would be required,and if the
applicant is applying for a Building Permit, he would have to prove access. Mr. Carroll stated there is a
residence on the Torrez property,which they live on. After further discussion of the Board,Commissioner
Geile moved to approve said agreement and authorize the Chair to sign. Commissioner Vaad seconded
the motion,which failed four to one,with only Commissioner Geile voting in favor of the motion. Chair Long
referred the applicants to work with staff for the next part of the process to fix the problem.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES- REUBEN AND RUBY EHRLICH:
Mike Sampson,Assessor's Office,stated this parcel was listed as a vacant piece of residential land,and
it should have been classified as agricultural. Commissioner Vaad moved to approve said petition. The
motion, which was seconded by Commissioner Masden, carried unanimously.
Minutes, August 4, 2003 2003-1999
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-RONALD AND PEGGY ELLIOTT:
Mr. Sampson stated this land was changed from vacant to improved,and an inspection was done to add
a shed. At the time of inspection, a modular was discovered on the property. He stated staff is
recommending abatement for the land correction, they will then add the modular. Commissioner Vaad
moved to approve said petition. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-FORMBY INTERSTATE FORD INC.:
Duane Robson,Assessor's Office,stated this was a computer glitch which re-added the value each time
an override was attempted,therefore,he recommends approval. Commissioner Masden moved to approve
said petition. The motion, which was seconded by Commissioner Vaad, carried unanimously
CONSIDER APPLICATION FOR COLORADO YOUTH SERVICES BETWEEN WELD COUNTY
EMPLOYMENT SERVICES AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIRMAN TO SIGN:Walt Speckman,Director of Human Services,
stated this is an extension of the TonyGrampas Youth Services Program which is designed to assist young
people who are dropouts, expelled youth, or youth on waiting lists for alternative schools in obtaining the
needed remedial and basic skills development to either successfully return to school or obtain a GED and
continue to post secondary education or employment. Commissioner Jerke moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN-COLORADO YOUTH
CORPS ASSOCIATION: Mr.Speckman stated this agreement would allow Youth Conservation Corps to
perform service on projects through the Colorado State Parks Project for work at Saint Vrain Park. Mr.
Speckman stated the term of the agreement is May 30,2003,through June 30,2004. CommissionerJerke
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR NATIONAL EMERGENCY GRANT FUNDS AND
AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this grant serves Weld County residents who have
experienced a job loss due to a layoff or plant closure subsequent to September 11,2001. Commissioner
Jerke moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Frank Hempen, Jr., Director of Public Works,stated this is the procedural step necessary
to insure control of noxious weeds is carried out on private property. Responding to Commissioner
Masden,Mr. Hempen stated the first pass on spraying County right-of-ways has been completed,staff is
starting the second pass,and will begin to hit the difficult spots where water is running between the road
and fence. Commissioner Vaad moved to approve said entry. The motion, which was seconded by
Commissioner Geile, carried unanimously.
CONSIDER APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OF A NEW DOMESTIC
WASTEWATER TREATMENT PLANT AND AUTHORIZE CHAIR TO SIGN - HEMINGWAY LODGE,
EQUUS FARMS:TrevorJiricek,Department of Public Health and Environment,stated this site application
is located east of Kersey. He stated the Hemingway Lodge is expanding to 27 bedrooms and a locker room
and exercise facility,therefore,the septic system needs to be enlarged accordingly. Mr. Jiricek stated this
amounts to a large septic system being installed. Responding to Commissioner Geile, Mr. Jiricek stated
the septic system should be addressed prior to obtaining a Building Permit; however,the Building Permit
was issued in error,and the physical structure is near completion and ready for installation of the system.
Minutes, August 4, 2003 2003-1999
Page 3 BC0016
- _ 1
Mr. Jiricek stated the applicant is working through a very onerous State process of approvals, and the
Certificate of Occupancy will not be issued until the septic system is installed. Commissioner Geile moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN PROPERTY AS SURPLUS PROPERTY,
AUTHORIZE SALE OF SAME TO WELD COUNTY HUMANE SOCIETYAND AUTHORIZE CHAIR TO SIGN
BILL OF SALE: Mr. Warden stated this is the animal control truck, once used by the Sheriff's Office, and
a memo was circulated requesting sale to the Humane Society. He stated fair market value was used to
set the amount for purchase, and stated they will use it to transfer animals from one facility to another for
adoption. Responding to Commissioner Jerke,Mr. Warden stated the Humane Society has paid$4,000,
leaving a balance of$4,000 to be paid in 2004 and $4,000 to be paid in 2005. Commissioner Masden
moved to approve said draft resolution and authorize the Chair to sign the bill of sale. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF RETIREMENT: Mr. Warden stated
these are the members elected by County employees. Commissioner Vaad moved to reappoint Tony
Molocznik, and to appoint Richard Bauer to replace Drew Scheltinga on the Board of Retirement. The
motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY-AMANDA MASH IN:Mr. Warden stated
this is an administrative formality to establish the salary of Deputy District Attorneys. Commissioner Jerke
moved to approve the salary for Amanda Mashin as Deputy District Attorney. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE PLAN REVIEW,
SPR#99-MOBILE HOME SERVICES:Chris Gathman, Department of Planning Services,stated a Letter
of Credit is on file, and staff has reviewed the site and recommends release of collateral. Commissioner
Jerke moved to release said collateral. The motion, which was seconded by Commissioner Masden,
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT
COLLATERAL FOR FINAL PLAN,PF#564-GARCIA PUD:Mr.Gathman stated this request was received
from the applicant,who has also posted replacement collateral,in the amount of$13,090.00. Mr. Gathman
stated a memo was received from Don Carroll, Department of Public Works, indicating all transportation
items had been completed; however, the fencing and landscaping remain unfinished, for which the
replacement collateral has been tendered. Commissioner Jerke moved to release said collateral and
accept the replacement collateral. The motion, which was seconded by Commissioner Vaad, 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, August 4, 2003 2003-1999
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WEL OUNTY, COLORADO
ATTEST: �� _�O�e!leue4
„^� `� v� vid . Long, Chair
Weld County Clerk to the Board
Robert D. Ma n, Pro-Tem
B
D>. - t e Board
t 4'O
W Aj ] . Jerkeo
Glenn Vaad
Minutes, August 4, 2003 2003-1999
Page 5 BC0016
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