HomeMy WebLinkAbout991053.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 12, 1999
TAPE #99-17
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 12, 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 - TARDY
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 Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of May 10, 1999, as printed. Commissioner Vaad
seconded the motion, and it 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 Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS: EMERGENCY MEDICAL SERVICES WEEK - MAY 16-22, 1999: Chair Hall
read the certificate proclaiming the week of May 16, 1999, as Emergency
Medical Services Week into the record.
PRESENTATIONS: RECOGNITION OF SERVICES, WELD COUNTY FAIR BOARD - TODD
THOMAS; SANDEE LEGINO; TOM BLEDSOE; TRAVIS HOESLI; JIM
WELCH; LINDA ORLOVSKI; JIM GABEL; JEREMY SCHNEIDER; AND
BOBBI LEINWEBER: Chair Hall read the certificates for the record recognizing
Todd Thomas; Sandee Legino; Tom Bledsoe; Travis Hoesli; Jim Welch; Linda
Orlovski; Jim Gabel; Jeremy Schneider; and Bobbi Leinweber for their services
on the Fair Board and presented the certificates to Jim Smith, Director of the
Weld County Extension Service.
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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 $328,472.54
Commissioner Kirkmeyer 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 new bids to present.
APPROVE ASBESTOS REMOVAL FROM PROBATION OFFICES BID -
FINANCE DEPARTMENT: Mr. Warden recommended approval of the low bid
from Schauer and Associates, Inc., in the amount of $21,525. Commissioner
Kirkmeyer moved to approve said bid. Commissioner Geile seconded the
motion, which carried unanimously.
BUSINESS:
NEW: CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER
DATA BASE AND AUTHORIZE CHAIR TO SIGN - COLORADO ESCROW
AND TITLE SERVICES, INC.: Bruce Barker, County Attorney, stated this is a
standard agreement to allow access to the Clerk and Recorder's records.
Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Kirk:meyer, the motion carried
unanimously.
CONSIDER AMENDMENT TO MEMORANDUM OF AGREEMENT FOR
ANIMAL CARE SERVICES AND AUTHORIZE CHAIR TO SIGN -NORTHERN
COLORADO ANIMAL LEAGUE: Mr.Warden explained Senate Bill 99-137 was
signed on April 20, 1999, which increased the requirement of animal shelters to
hold animals from three days to five days prior to disposal. He stated this
additional time will cost$14.53 per animal for a total of$6,030 for the remainder
of the year. In response to Chair Hall, Mr. Warden stated the total amount is a
flat rate based on the annual average. Commissioner Vaad moved to approve
said amendment and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR SERVICES OF
DISPATCHING NORTH COLORADO MEDICAL CENTER AIR LIFE
PERSONNEL AND AUTHORIZE CHAIR TO SIGN - LUTHERAN HEALTH
SYSTEMS: Mr. Warden stated this is an on-going agreement and the
amendment will increase the reimbursement amount by four percent.
Commissioner Vaad moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, May 12, 1999 991053
Page 2 BC0016
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:
Commissioner Geile moved to approve the appointments of William Garcia,
Fernando Rodriquez, and Renee Williams to the Workforce Development Board
with their terms to expire December 31, 2001. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO EMERGENCY
MEDICAL SERVICES COUNCIL: Commissioner Vaad moved to approve the
appointments of Randy Carleton, Randy Houchen, Pat Romansik, and Jim
McEachron, as well as the reappointments of Ron Dever, Mary Mast, and
Yvonne Duarte. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
PLANNING: FINAL READING OF ORDINANCE #119-O, IN THE MATTER OF THE
REPEAL AND RE-ENACTMENT OF THE WELD COUNTY BUILDING CODE
ORDINANCE: Commissioner Kirkmeyer moved to read Ordinance #119-O by
title only. Seconded by Commissioner Vaad, the motion carried unanimously.
Mr. Barker read said title for the record. David Sprague, Department of
Planning Services, stated he has received no public comment regarding the
Ordinance in general; however, he has received concerns regarding the
International Plumbing Code (IPC). Mr. Sprague read a letter from John
Swallow, City of Fort Lupton, marked Exhibit K,for the record. He stated he has
also talked to plumbing contractors who have found no major conflicts between
the IPC and the Uniform Plumbing Code (UPC). Mr. Sprague stated neither
code requires the inspection of a backflow prevention device upon installation;
however, this is a State amendment which many entities adopt. He explained
the inspections are approximately$25 to$35 per device and this may be a large
expense for an individual if devices are installed on several systems within the
home. He stated it is common to check the bac:kflow device at the main line;
however, the amendment will open up the requirement to inspect the various
other devices in a home. Mr. Sprague clarified he is not trying to degrade the
UPC because it is a good code; however, he supports the IPC which he feels
will provide more uniformity for the contractors and inspectors, as well as be
more cost effective. Mr. Barker clarified Department of Planning Services staff
submitted two videos and a notebook of information prior to the hearing, marked
Exhibits I and J.
Larry Frank, plumber, stated he is opposed lo adoption of the IPC. He
displayed a sample of polybutal piping which was found to be unsafe and is no
longer used; however, it would be allowed by the IPC. Mr. Frank stated the IPC
also allows for the use of plastic piping in multi-level buildings, which is a
violation of the Fire Code. He further stated schools and institutions will still be
inspected by State inspectors under the UPC.
Steve Pierce, State Plumbing Board, stated the Board's purpose is to adopt a
code which provides the minimum standards for protection of the citizens of
Colorado. He stated hearings were held to compare the UPC and IPC and
found that the UPC is still a better code and has worked well for the past 20
years. Mr. Pierce stated the UPC is updated every three years and until several
years ago, the building officials were a part of the process to help keep the code
Minutes, May 12, 1999 991053
Page 3 BC0016
current; however, they have since split off and created their own code, referred
to as the International Plumbing Code. Mr. Pierce referred to the State Code
and stated it is not clear whether Home Rule entities have the authority to
amend the State Code. He stated the UPC is used by 40 of the 50 states and
the IPC Code book requires supplement books, whereas the UPC is all
inclusive. In response to Commissioner Geile, Mr. Pierce stated Jefferson
County did do a comparison of the two codes; however, he is not sure whether
consideration of the IPC has ceased. Commissioner Geile expressed concern
with various codes being lumped together under one Ordinance rather than
being adopted on their own merit and stated he does not feel adequate notice
was provided to the people involved in construction who will be directly affected
by this change. Mr. Pierce expressed concern that Senate Bill #1145 was
presented by building officials and various supporters which spent $200,000 in
lobbying expenses; however, the Bill died due to a finding that it was not
necessary. He also expressed concern with the conflict between which
products are allowed since a company whose product is denied may sue. In
response to Commissioner Kirkmeyer, Mr. Pierce stated some of the major
differences include different standards, book costs, products not being tested,
and use of plastic piping which is toxic during a fire. He added 400 changes to
the UPC every three years may seem drastic; however,the concept remains the
same. He stated the standards are revised to remain current with the increasing
technology, and the UPC has been working well for the past 20 years.
Commissioner Kirkmeyer commented there is inconsistency between the
various government entities and stated CCI did not lobby with the building
officials; however, it did agree with their position.
Greg Wheeler, City of Thornton, stated each entity has the authority to
determine which materials will be allowed. For example, polybutal was
proposed, however, he denied it. Mr. Wheeler stated the IPC may allow certain
products but this does not mean they have to be accepted. Regarding the use
of plastic pipe in multi-level buildings, Mr. Wheeler stated the piping is enclosed
in a one-hour shaft which allows adequate time to evacuate the building before
the fire reaches the piping. He further stated Senate Bill#11-45 died when the
Legislative Services Committee ruled it to be unnecessary, and Colorado law
allows jurisdictions to amend the State Code as long as the amendment meets
minimum requirements.
In response to Commissioner Vaad, Mr. Barker stated he agrees with the
statement in a memorandum from Senator Norma Anderson, marked Exhibit A,
which cites Section 12.58.104.5(2), C.R.S., allowing local jurisdictions to make
amendments to the State Code as long as they meet minimum standards.
Commissioner Geile commented it appears the building officials support the IPC
and the contractors and plumbers support the UPC. He expressed concern with
a code which is opposed by the people who would use it daily and added
approving this Ordinance lumps together various codes that should be
considered on an individual basis. He stated there is not enough evidence to
prove switching codes would improve the efficiency or cost of construction. In
response to Commissioner Vaad, Mr. Sprague reiterated the code is new;
however, the concept remains the same while giving more flexibility.
(Clerk's Note: Commissioner Baxter is present.)
Minutes, May 12, 1999 991053
Page 4 BC0016
Responding to Commissioner Kirkmeyer, Mr. Sprague stated if this Ordinance
is not approved, the Board will need to determine which codes they want
enforced. Commissioner Geile suggested separating the codes and approving
the various codes on an individual basis to allow for better notification to the
appropriate people. Mr. Morrison assured Commissioner Geile that each code
is reviewed by the Building Trades Advisory Committee which represents all
facets of the construction community, and explained the Board is not required
to have a code; however, if one is not adopted, the public must rely on State
inspectors. Mr. Morrison further stated in the event of a law suit there is a
severability clause which will prevent the rest pf the Ordinance from being
abandoned if one portion is found to be unconstitutional or invalid. In response
to Chair Hall, Mr. Barker stated this is a quasi-legislative hearing process;
therefore, Commissioner Baxter may vote on the motion. Commissioner Vaad
stated he has spoken with several plumbers who recently moved into the area
from the State of Michigan and they expressed no concern over the differences
between the codes, stating a plumber needs to be aware of the various codes
for each municipality regardless of whether it is the UPC or the IPC.
Commissioner Vaad moved to approve Ordinance #119-O on final reading.
Commissioner Kirkmeyer seconded the motion. Commissioner Geile stated he
is still concerned with the amount of opposition from plumbers and contractors
and is opposed to the Ordinance as having too many codes. Mr. Barker
clarified the motion to Find that Ordinance#119-O with amendments meets the
minimum State Code requirements as defined in Section 12-58-104.5(2),C.R.S.
Commissioner Kirkmeyer stated the fifth Whereas paragraph of the Ordinance
states that Finding and stated she is voting in favor of the Ordinance because
the IPC has been adopted by the Colorado Manufactured Housing Authority, as
well as many local government entities, She added the State and National
Building Trades Advisory Board are in support of the Code, and stated there are
not substantial differences, it will provide more flexibility and choices,will be less
expensive, and will not compromise the health safety and welfare of Weld
County citizens. On a call for the vote, the motion carried four to one with
Commissioner Geile opposed.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as lasted on the consent agenda.
Ordinance #119-O 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.
Minutes, May 12, 1999 991053
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, May 12, 1999 991053
Page 6 BC0016
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