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Home My WebLink About20013074.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 29, 2001 TAPE #2001-45 &#2001-46 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 29, 2001, 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 M. J. Geile, Chair Commissioner Glenn Vaad, Pro-Tem Commissioner William H. Jerke Commissioner David E. Long Commissioner Robert D. Masden 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 October 24, 2001, as printed. Commissioner Long seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on October 24, 2001, as follows: 1) Change of Zone #562 from the A (Agricultural) Zone District to the 1-3(Industrial)Zone District, Margaret Ruhge; 2)A Site Specific Development Plan and Use by Special Review Permit#1353, HS Gathering, LLC; 3) Change of Zone #543 from the A (Agricultural) Zone District to the PUD (Planned Unit Development)Zone District, Daryll and Carol Propp/Propp Realty, Inc., c/o Robert Gollick, LLC; and 4)A Site Specific Development Plan and Use by Special Review Permit #1341, Pasquale and Jacqueline Varra, do Varra Companies, Inc. Commissioner Jerke seconded the motion, which carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2001-3074 BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $392,835.75 Electronic Transfers -All Funds $2,260,546.00 Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long seconded the motion, which carried unanimously. OLD BUSINESS: CONSIDER AMENDMENT TO JAIL MEDICAL UNIT SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CORRECTIONAL HEALTHCARE MANAGEMENT, INC. (CONTINUED FROM 10/24/2001): Dave Malcom, Weld County Sheriffs Office, stated he received a letter explaining the increase is based upon a shortage of qualified nursing staff over the last nine months. Since their research found the prevailing wage for RN's in Greeley to be $25.00 and LPN's to be $18.00, they would like to supplement the budgeted amount to raise their current salaries to meet the prevailing wage. He also stated the pharmaceutical monthly budget is being overspent, and should be increased. Responding to Chair Geile, Sgt. Malcom stated the agency does use Physician Practitioners to some extent. Commissioner Jerke moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. NEW BUSINESS: CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION REQUEST FOR WAGNER-PEYSER ADJUSTMENT FUNDS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this request is an increase in the amount of$44,642.60, to be used to provide basic labor exchange services to employers and job seekers in Weld County. Commissioner Vaad moved to approve said request and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. • CONSIDER AMENDMENT #1 FOR EXTENSION OF WELFARE TO WORK CONTRACT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is to extend the period of performance and change the end date from September 28, 2002, to September 28, 2004. Commissioner Jerke moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER HIGH PLAINS REGIONAL LIBRARY SERVICE SYSTEM APPLICATION FOR COUNTY EQUALIZATION GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden explained that each year the State disburses monies for libraries within the State, and in Weld County the libraries get together and decide how to distribute the monies;therefore,this grant represents a pass-through of dollars to the library. Commissioner Long moved to approve said grant application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 62 BETWEEN WCRS 15 AND 17: Frank Hempen, Jr., Director of Public Works, stated this closure is necessary for the installation of cross culvert pipes by Poudre Valley REA,and the road will be closed for ten days. Commissioner Jerke moved to approve said closure. The motion, which was seconded by Commissioner Vaad, carried unanimously. Minutes, October 29, 2001 2001-3074 Page 2 BC0016 CONSIDER CHANGE ORDER#1 FOR TRAPPING OF PREBLE'S MEADOW JUMPING MOUSE AND DOCUMENT FINDING IN AN ENVIRONMENTAL REPORT FOR BRIDGE PROJECT ON WELD COUNTY ROAD 27 AND AUTHORIZE CHAIR TO SIGN - SEAR-BROWN: Mr. Hempen explained staff did not originally include an environmental report for the Federal bridge project to replace the bridge at the 83rd Avenue crossing of Sheep's Draw; however, it has now been determined the report must be completed. Mr. Hempen stated the funds are 80 percent Federal and 20 percent County. Commissioner Jerke moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CHANGE ORDER#1 FOR ADDITIONAL PERSONNEL FOR BRIDGE PROJECT ON WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN-SEAR-BROWN: Mr. Hempen stated this is the other Federal bridge replacement project. He explained that following Colorado Department of Transportation procedure, every person who might work on the project must be listed on the contract with their specific rate of pay. Sear-Brown has requested additional people be entered so they are available if needed; however, there is no effect to the overall cost. Commissioner Masden moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER CHANGE ORDER#2 FOR ADDITIONAL PERSONNEL FOR BRIDGE PROJECT ON WELD COUNTY ROAD 27 AND AUTHORIZE CHAIR TO SIGN -SEAR-BROWN: Mr. Hempen stated this is the same administrative adjustment as explained for the previous item; however, it is for the Sheep's Draw project. Commissioner Masden moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN- NORTHEASTERN JUNIOR COLLEGE: Gary McCabe, Director of Ambulance Services, stated said agreement is to provide experience for EMT Basics and Intermediates from Northeastern Junior College, and it is very similar to our agreement with other community colleges in the area. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long,the motion carried unanimously. CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE CHAIR TO SIGN - CREWS AND ZEREN: Bruce Barker, County Attorney, recommended approval and stated this is the standard agreement for the Clerk and Recorder's data base, at the rate of 25 cents per minute of access time. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER REVISIONS TO BYLAWS FOR SICK BANK: Mr. Warden reviewed the history of the Sick Leave Bank and explained the procedure followed for processing requests. He stated the County, in establishing the Sick Leave Bank minimized the liability of the County by having the sick leave bank board make all decisions. He further stated this change in the Bylaws eliminates the two non-voting members, who were from Personnel and Payroll and acted as staff support for the Bank Board. The other amendment was elimination of the provision to respond within three days of request, since there are times a physician needs to be consulted, etc. Responding to questions from the Board, Mr. Warden indicated members are elected by County employees, and there are generally only a few requests each year; however,this allows an employee without adequate personal leave time built up to remain on paid sick time until he is eligible for long-term disability. Commissioner Long moved to approve the amendments to said Bylaws. The motion, which was seconded by Commissioner Masden, carried unanimously. Minutes, October 29, 2001 2001-3074 Page 3 BC0016 CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR NOVEMBER 28, 2001: Chair Geile stated the Board will be at the Colorado Counties, Inc., Conference on November 28, 2001. Commissioner Vaad moved to cancel the regular Board meeting on that date. The motion, which was seconded by Commissioner Masden, carried unanimously. PLANNING: CONSIDER RESOLUTION RE: ACCEPT REQUEST TO WITHDRAW THE REQUEST FOR 2ND AMENDED USE BY SPECIAL REVIEW PERMIT #248 FOR A SOLID WASTE DISPOSAL FACILITY (COAL ASH BURIAL PROJECT) IN THE A(AGRICULTURAL)ZONE DISTRICT: Kim Ogle, Department of Planning Services, explained that Condition of Approval #2.J for 3rd Amended Use by Special Review Permit#248 required the applicant to withdraw 2nd Amended Use by Special Review Permit#248, which was heard only by the Planning Commission and was never forwarded to the Board of County Commissioners. He further explained that at the hearing for the 3rd amended request, it was determined the 2nd amended request had never been heard, therefore, Condition of Approval #2.J was added prior to approval. Commissioner Vaad moved to accept the request to withdraw 2nd Amended Use by Special Review Permit#248. The motion,which was seconded by Commissioner Masden, carried unanimously. CONSIDER CORRECTED RESOLUTION FOR 3RD AMENDED USE BY SPECIAL REVIEW PERMIT #248 TO REMOVE ALL REFERENCES TO 2ND AMENDED USE BY SPECIAL REVIEW PERMIT#248: Mr. Ogle explained this would further clarify the Resolution which approves 3rd Amended Use by Special Review Permit, because of the previous item. Commissioner Masden moved to remove all references to 2nd Amended Use by Special Review Permit#248 from the Resolution approving 3rd Amended Use by Special Review Permit#248. Commissioner Vaad seconded the motion, which carried unanimously. CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST STANLEY HILLER FOR VIOLATION OF THE WELD COUNTY CODE: Trudy Halsey, Department of Planning Services, presented the violation case report for the record. Mr. Barker informed the Board is not a violation and, therefore, this procedure is out of order. He stated the case should be taken to the Building Code Board of Appeals instead of the Board of County Commissioners. He indicated the Weld County Code includes procedures for abatement of dangerous buildings,which is for the Building Official to issue an order without coming to the Board of County Commissioners. If the property owner then so wishes, he may appeal to the Board of Appeals. Mr. Barker further indicated Ms. Halsey's memo correctly quotes the appropriate Sections of the Code; however,the only process whereby the case would come before the Board of County Commissioners would be if all orders have occurred, to make certain the work is done and to place a lien against the property to assure costs. Responding to Chair Geile, Mr. Barker stated it is not appropriate for the Board of Commissioners to hear the matter today, and the item should not be on the agenda. Stanley Hiller, property owner, was present and made a statement to the Board; however, the consensus of the Board was to take no action on this matter. FINAL READING OF CODE ORDINANCE #2001-6, IN THE MATTER OF ENACTING CHAPTER 21, AREAS OF ACTIVITIES OF STATE INTEREST (§ 1041 REGULATIONS), OF THE WELD COUNTY CODE: Commissioner Masden moved to read by title only. Seconded by Commissioner Long,the motion carried unanimously. Mr. Barker read the title of Ordinance#201-6 and indicated he has received only one communication,from Steve Weber,Western Area Power Authority,which is a federal agency not subject to state and local agencies. Mr. Weber asked for Western Area Power Authority to be exempted under Section 21-1-50. Mr. Barker stated Section 21-1-60.G already includes a supremacy clause,which states the Code will regulate unless federal law prevents one from doing so. Responding to Chair Geile, Mr. Barker stated when a federal agency takes the lead on a shared project it may require litigation to determine whether they are subject to the Code or not; however, he stated the requested amendment Minutes, October 29, 2001 2001-3074 Page 4 BC0016 would definitely affect the County's ability to litigate future cases. After further discussion, Chair Geile asked for public testimony. There was none. Commissioner Vaad moved to approve Code Ordinance #2001-6 on final reading. Seconded by Commissioner Masden, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. Code Ordinance#2001-6 was approved on final 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 9:50 a.m. BOARD OF C UNTY COMMISSIONERS WELD CO , COLORADO ATTEST: JI St � 'r/v �� //li / NO i 4I ,'�' fin. J. eile, Ch it Weld County Clerk to the Bo.Y 1861 Sat o` .' Glenn Vaad, Prd*em BY: /G Deputy Clerk to the Board`® t� ' / 17L"_✓ f o �Tx 2� Willi H. Jerke dc \k, E. ti g , Robert D. Masden Minutes, October 29, 2001 2001-3074 Page 5 BC0016 Hello