HomeMy WebLinkAbout990842 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 19, 1999
TAPE #99-12
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,
April 19, 1999, 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 Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County
Commissioners meeting of April 14, 1999, as printed. Commissioner Geile
seconded the motion, and it carried unanimously.
CERTIFICATION
OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted
on April 13, 1999, as follows: 1) Violation Hearings. Commissioner Kirkmeyer
seconded the motion, which carried unanimously.
ADDITIONS TO
AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as printed.
Commissioner Baxter seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
990842
(i, (/ ;ma-kf° VOXfi (7 BC0016
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following
warrants for approval by the Board:
All Funds $547,720.65
Commissioner Baxter moved to approve the warrants as presented by Mr.
Warden. Commissioner Vaad seconded the motion,which carried unanimously.
BUSINESS:
NEW: CONSIDER INTERGOVERNMENTAL AGREEMENT FOR SERVICES BY
AMERICORPS PROGRAM VOLUNTEERS AND AUTHORIZE CHAIR TO
SIGN: Walt Speckman, Director of Human Services, stated under this
agreement the City of Greeley will reimburse the Weld County AmeriCorps at
the rate of$3.00 per service hour. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Baxter,
the motion carried unanimously.
CONSIDER CONTRACT FOR HIV PREVENTION SERVICES AND
AUTHORIZE CHAIR TO SIGN: John Pickle, Director of Health Department,
stated this is a continuation of an existing contract which provides HIV
prevention services for street and community outreach, group risk-reduction
education and public information. Mr. Pickle explained this contract was
awarded January 1, 1999; however there was a dispute resolution which
delayed the process until the end of March. Commissioner Vaad moved to
approve said contract and authorize the Chair to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER 11 AGREEMENTS FOR SAMPLING AND ANALYSIS OF
DRINKING WATER WITH VARIOUS ENTITIES AND AUTHORIZE CHAIR TO
SIGN: Mr. Pickle stated these eleven agreements are with various Weld County
entities for the EPA required testing of drinking water. Commissioner Baxter
moved to approve said agreements and authorize the Chair to sign. Seconded
by Commissioner Vaad, the motion carried unanimously.
CONSIDER 5 AGREEMENTS FOR SAMPLING AND ANALYSIS OF
POLLUTANT DISCHARGE AND AUTHORIZE CHAIR TO SIGN: Mr. Pickle
stated these five agreements are with various entities for waste water testing to
ensure it meets EPA requirements. Commissioner Vaad moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER DESIGNATION OF WELD COUNTY HEALTH DEPARTMENT AS
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
Mr. Pickle stated often there is confusion as to whether the Environmental
Health Division is part of the State or Weld County Health Department. He
requested the Weld County Health Department title be changed to the Weld
County Department of Public Health and Environment, to avoid confusion and
clarify the services provided. Commissioner Vaad moved to approve said
designation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
Minutes, April 19, 1999 990842
Page 2 BC0016
CONSIDER ACCEPTANCE OF GRANT OF EASEMENT AND AGREEMENT
FOR PURCHASE OF PERMANENT SLOPE EASEMENT AS PART OF
CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 35 AND AUTHORIZE
CHAIR TO SIGN - SPILMAN: Frank Hempen, Jr., Director of Public Works,
stated this and the following matter are for the same project which is in the 1999
Plan, and further stated the Slope Easement is necessary to construct a four-
foot shoulder and slope to the west to allow for erosion control, seeding, and
maintenance for the benefit of the traveling public. The cost to Weld County for
this project will be $780.00. Mr. Hempen also stated the following item will be
completed and returned to the property owner at no expense to the County.
Commissioner Baxter moved to accept said Grant of Easement, approve said
agreement, and authorize the Chair to sign. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER AGREEMENT FOR OBTAINING PERMISSION TO SHAPE AND
RESEED PROPERTY AS PART OF CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD 35 AND AUTHORIZE CHAIR TO SIGN - HAKE:
Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WELD COUNTY ROAD 90
BETWEEN WELD COUNTY ROADS 41 AND 43;AND WELD COUNTY ROAD
38 BETWEEN WELD COUNTY ROAD 13 AND I-25 SERVICE ROAD:
Commissioner Vaad moved to approve said closures. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO LONG TERM
CARE BIO-ETHICS COMMITTEE: Commissioner Geile moved to approve the
appointment of Robbyn Wacker, Mindy Rickert, Karyn Prochoda, James Hicks
and Dawn Miller, as well as the reappointment of Terry Kearns, Nancy Jones,
Tami Reich, Jennifer Small Peterson, and Ruth Varallo. Seconded by
Commissioner Baxter, the motion carried unanimously.
CONSIDER APPROVAL OF REVISIONS OF GENERAL ADMINISTRATION
SECTION OF THE WELD COUNTY ADMINISTRATIVE MANUAL: Mr.Warden
stated as part of the codification process, the Administrative Manual needs to
be updated to include various changes which have been formally adopted by the
Board in other actions, and reviewed the changes being made. Commissioner
Vaad moved to approve said revisions. Commissioner Baxter seconded the
motion. In response to Commissioner Kirkmeyer, Mr. Warden stated the
subscription fee was eliminated due to the high demand for electronic copies of
various Board documents; however, if a person does not have access to E-mail
or the Internet, the fee of$1.25 per page will apply. Mr. Warden further stated
the policy added on page 83, went into effect in 1995, and was added to the
manual to maintain consistency for codification purposes. There being no
further discussion, the motion carried unanimously.
PLANNING: CONSIDER ZPMH#2134-WAREHIME:Wendi Inloes, Department of Planning
Services, stated Clinton and Julia Warehime have applied for a Mobile Home
to be used during a Medical Hardship located on 120 acres. She stated staff
Minutes, April 19, 1999 990842
Page 3 BC0016
recommends approval because the application is in compliance with Section
43.2.4 of the Zoning Ordinance. Ms. Inloes stated two letters were received
from surrounding property owners and their concerns have been addressed in
the Conditions of Approval and a Non-Exclusive License Agreement. She
requested Condition of Approval #7 be amended to state, "The applicant shall
maintain compliance with Section 43.2.4 at all times."
Brent Coan, attorney, represented the applicants and stated there is an existing
mobile home which is allowed under a Temporary Accessory to Farm Permit.
He explained the applicants recently applied for a Recorded Exemption and as
a result, William Danks, surrounding property owner, is requesting the
applicants either pay to have Weld County Road 48 improved or get a Non-
Exclusive License Agreement on Weld County Road 63 to access the property.
Mr. Coan stated the Zoning Ordinance states an Accessory to Farm Permit
requires that a person be principally employed at the location of use. He
explained the applicant's daughter lives in the second mobile home and helps
with the farm, as well as provides care for her father. Due to an accident in
March 1998, Mr. Warehime was blacking out; however, since that time, he is
receiving medication which helps to reduce the frequency of blackouts, but he
still needs assistance. Mr. Coan stated the daughter now has a part-time job
and the applicants feel a Medical Hardship Permit may be more appropriate
than a Temporary Accessory to Farm. In response to Commissioners Baxter
and Geile, Mr. Coan stated the applicants are aware that a Medical Hardship
Permit is reviewed by staff on an annual basis, and Mr. Warehime had a
medical exam on March 23, 1999; however, they have not yet received a letter
determining his condition. In response to Commissioner Kirkmeyer, Mr. Coan
stated Mr. Warehime fell from a multiple story building causing damage to the
left side of his body and frequent blackouts. He further stated the applicant
does not need 24-hour supervision; however, he does need assisted care for
personal needs, as well as maintenance of the farm. Responding to Chair Hall
and Commissioner Geile, Mr. Coan explained the applicants are requesting a
Medical Hardship until Mr. Warehime is able to resume his work and although
he does not have as many blackouts, he still has difficulty with the left side of
his body which prevents him from working. Mr. Coan clarified this request will
not add a new use of the property, nor will there be a new impact to the
surrounding area, the applicant simply feels this type of permit may be more
consistent with the current use. In response to Commissioner Vaad, Mr. Coan
explained the previous agreement with Mr. Danks allowed use of an easement
across Mr. Dank's property extending from Weld County Road 48 to access the
site with the condition that only two residences be allowed. Since that time, a
neighbor to the south built a new home and Mr. Danks requested the applicants
pay $15,000 for improvements to the easement for the increasing use. The
applicants decided to find another access to the property and the Non-Exclusive
License Agreement is in progress. Responding to Commissioner Kirkmeyer,
Ms. Inloes stated there is no current documentation of the need for a Medical
Hardship Permit. Monica Mika, Director of Planning Services, explained in
November 1998, staff approved a Recorded Exemption with a Condition of
Approval that the applicants justify the need of the second mobile home, and
they felt a Medical Hardship Permit may be more easily justified at this time.
Commissioner Kirkmeyer read Section 43.2.4.1 for the record, and stated there
is no current letter of proof stating a Medical Hardship Permit is justified. In
Minutes, April 19, 1999 990842
Page 4 800016
response to Commissioner Vaad, Mr. Barker stated the Board does not have to
have evidence in writing, they can base their decision on testimony from the
applicant. He further stated the Board has the option of adding a Condition of
Approval requiring a letter from the doctor justifying a medical hardship.
Commissioner Geile commented continuing the matter until a letter is available
may be an option. Ms. Mika read Section 43.4.2.1.1 for the record indicating
there are two other criteria the applicants must meet. Commissioner Vaad
commented once the permit is approved, staff reviews it annually and
suggested if the matter is approved with the condition requiring proof from a
doctor, staff could determine if the condition has been met. Mr. Barker stated
the Board needs to determine if the content of the letter is sufficient. In
response to Mr. Coan, Commissioner Kirkmeyer stated the Temporary
Accessory to Farm Permit ceases when the use ceases so there may not be an
existing permit. Mr. Coan requested the matter be continued until the applicants
can submit sufficient evidence that a medical hardship does exist.
Commissioner Baxter commented the daughter's mobile home falls partially
under both a Temporary Accessory to Farm, as well as a Medical Hardship
because she helps with the farm and her father. Commissioner Geile stated
that because there is opposition to the application, documentation of a medical
hardship will help the Board determine clear justification. In response to Mr.
Coan, Commissioner Kirkmeyer stated she interprets the definition of full-time
care to apply to the person, not the property.
Julia Warehime, applicant, stated her husband does not need full-time care;
however, he does need a lot of help with the farm and they just want to have the
appropriate permit. She clarified her husband has been disabled since February
1994. In response to Chair Hall, Ms. Mika stated the term "principally employed
or engaged at" covers people who earn wages working on a farm, as well as
those who are engaged in farm activities and work on the farm but do not
receive regular wages. Ms. Mika submitted a letter from Robert Frank and her
staff approval of Recorded Exemption #2334, marked Exhibits A and B
respectively. Ms. Warehime stated the original Mobile Home Zoning Permit
#115 was approved in April 1988, and added they provide their daughter's
mobile home in exchange for helping care for her father. She stated they do not
pay their daughter regular wages, therefore she was required to get a part-time
job to help raise her daughter. In response to Chair Hall, Ms. Warehime stated
they do dryland farming, raise livestock and maintenance. Mr. Coan stated
when the applicant was considering their options for justifying the mobile home,
Ms. Mika stated a Medical Hardship Permit may be more appropriate. In
response to Mr. Barker, Mr. Coan stated there are eight or nine signature to get
for the Non-Exclusive License Agreement and it has been difficult to arrange to
have all of the signature notarized.
Commissioner Kirkmeyer moved to continue this matter to May 3, 1999, at 9:00
a.m. Commissioner Geile seconded the motion. There was no public testimony
concerning this matter. Chair Hall commented it may be easier for the applicant
to justify a Temporary Accessory to Farm at the next meeting. Mr. Barker
stated due to notification procedures, the applicant cannot switch their
application in the middle of the process. Ms. Inloes stated staff has concerns
with the applicant trying to justify a Temporary Accessory to Farm Permit any
longer. There being no further discussion, the motion carried unanimously.
Minutes, April 19, 1999 990842
Page 5 BC0016
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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
- ELD COUNTY, OLORADO
ATTEST: /� ►� I,�1.'� _�
Dale K. Hall, Chair
Weld County Clerk tot Fcy_ ti) 1
BY: C� . C\ -c4, arbara J. Kirkmeyer, Pro-Tem /,
Deputy Clerk to the Boa�� yri
George Baxter
Q
.^ 2212ir4 / i cat ' \
Glenn Vaad -----
Minutes, April 19, 1999 990842
Page 6 BC0016
Hello