HomeMy WebLinkAbout20032855.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 13, 2003
TAPE #2003-38
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, October 13, 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-Tern
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of October 8, 2003, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on October 8,2003,as follows: 1)Substantial Change regarding application submitted by Cattail
Creek Group SCH #23 for Change of Zone #613, do Todd Hodges Design, LLC. Commissioner Jerke
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.
PUBLIC INPUT: There was no public input.
2003-2855
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $669,152.01
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-BUSY, INC., DBA BORDERLINE: Bruce Barker,County Attorney,stated Deputy Rudisill inspected
the property and found no underage sign posted. He met with the owner and the problem is now resolved.
Responding to Commissioner Jerke, Mr. Barker clarified it was only a concern because it was not posted,
the establishment was not alleged to have served minors. Commissioner Vaad moved to approve said
renewal and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER TASK ORDER FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE FOR
BIOTERRORISM PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Public
Health and Environment, stated this task order will become part of the master contract with the Colorado
Department of Public Health and Environment. Dr. Wallace stated funding is in the amount of$328,035,
and the term is September 1,2003,through August 31,2004. Dr.Wallace stated staff has been negotiating
the number of deliverables, therefore, the contract begin date has passed. He also stated there are two
new areas included this year,one titled Risk Communication and Public Health Information Dissemination
and one titled Strategic National Stockpile. Commissioner Geile moved to approve said task order and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER VALE GRANT APPLICATION FOR LONG TERM CARE OMBUDSMAN ADVOCATE/
FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human
Services, stated this is an on-going program and the amount of funding is $8,500. He stated the term is
January 1,2004,through December 31,2004. CommissionerJerke moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR WELD COUNTY LEARNING LAB AND AUTHORIZE CHAIR TO
SIGN -THE UNIVERSITY OF COLORADO, BUENO CENTER: Mr. Speckman stated this is a lease for
the Learning Lab. The term of the agreement is September 1, 2003, through June 30, 2004, and the
University will pay$150.00 per month to the County. Commissioner Vaad moved to approve said lease and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 3.25 AND
AUTHORIZE CHAIR TO SIGN-DAVID A. HOGLUND: Frank Hempen,Jr., Director of Public Works,stated
this easement will be in effect from October 1, 2003, through the completion of improvements to Weld
County Road 3.25 or July 31, 2004, whichever is earlier. He stated the County will also relocate ten
sprinkler heads for a negotiated price of$1,000. Commissioner Vaad moved to approve said easement
and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER SUBORDINATION AGREEMENT FOR WELD FOOD BANK AND AUTHORIZE CHAIR TO
SIGN-CACHE BANK AND TRUST: Mr. Barker stated he has reviewed this agreement and recommends
approval. Mr.Warden explained the Weld Food Bank has obtained a construction loan,and this agreement
would make the loan for the land subordinate to that. Responding to Commissioner Jerke regarding fund
for repayment, Mr. Warden explained there are some federal dollars, the supplemental food contract for
Minutes, October 13, 2003 2003-2855
Page 2 BC0016
distribution of commodities, some donations, and certain foundations give operating cash. Mr. Warden
stated the Weld Food Bank determines eligibility of individuals,as well as providing distribution,which brings
in revenue. He also stated United Way gives them $50,000 or$60,000. Mr. Warden stated the County's
Promissory Note is moving to second place. Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER CERTIFICATE OF COMPLIANCE, COC-99-0036, FOR A MOBILE HOME TO BE USED AS
A TEMPORARY ACCESSORY TO THE FARM - JEAN BROWN, C/O JACKIE BRUCE (CON'T FROM
10/06/03): Wendi Inloes, Department of Planning Services,stated Jean Brown passed away,leaving the
property to her daughter, Jackie Bruce. Ms. Inloes stated Department of Planning Services staff
recommends denial of the request because there is not enough justification as an Accessory to the Farm.
She stated a stick-built house, a mobile home, and a shed are located on an 80-acre parcel, and the
occupant of the Mobile Home provides maintenance of the farm; however, he is also employed by King
Soopers in a 40-hour per week job. If the Board chooses to approve this request, staff requests a Zoning
Permit for a Mobile Homes(ZPMH)be applied for since a Certificate of Compliance is no longer used in the
Department of Planning Services. Jackie Bruce,applicant,stated the farmer who has been renting the farm
is quitting this year and she might need the mobile home fora laborer or whoever will help. She further
stated she goes to Arizona six months each year,and needs someone on-site to oversee the property. She
also stated she leases out the house. Responding to questions from the Board,she stated Harvey Ewing
has been farming the property,and his brother was living in the mobile home until recently. She stated she
would like to get another farmer to lease the property, and clarified the house is being leased to another
party. Ms. Bruce stated the house and mobile home share a Central Weld Water tap. Bob Bruce,
applicant's husband,stated there are separate electric meters and septic systems. Commissioner Geile
stated since the Mobile Home is the issue, it is apparent it is necessary to the farm, and he is willing to
move for approval. Commissioner Jerke stated on its face, agriculture is changing, where 40 years ago
an individual could make a living from an 80-acre parcel,in today's world he cannot. (Changed to tape#39).
Commissioner Jerke stated his problem is that when these types of permits were approved a good exit
strategy was not created, and he is not interested in the proliferation of mobile homes in rural areas;
therefore, he is not in support of the request. He stated testimony does not support the assertion it is
necessary, since it is apparent the stick built house could be used, and he is interested in getting rid of
mobile homes that were approved on a temporary basis. Commissioner Jerke stated the applicant might
work with the Department of Planning Services to see about a Recorded Exemption in order to have two
separate legal parcels for the second residence. Commissioner Masden stated the Weld County Code is
pretty explicit in requiring the mobile home to be a primary source of income for the individual living in it,and
stated with all the changes made last year, this one was left intact. He stated he feels strongly that
temporary permits are only allowed for a medical hardship or an accessory to the farm, however, in this
instance it is more part-time in nature. Commissioner Vaad stated in looking at the overall implication of
what the County is doing, the goal is to reduce the number of mobile homes throughout the County.
Commissioner Geile moved to approve the request, citing the continuing need for the mobile home,
because of an absentee landowner. The motion failed due to the lack of a second. Commissioner Jerke
moved to deny said request for an extension of Certificate of Compliance,COC-99-0036,for a Mobile Home
to be used as a Temporary Accessory to the Farm. The motion, which was seconded by Commissioner
Masden, carried four to one, with Commissioner Geile opposed.
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, October 13, 2003 2003-2855
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
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Minutes, October 13, 2003 2003-2855
Page 4 BC0016
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