HomeMy WebLinkAbout20110290.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 24, 2011
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, January 24, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher— EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 19, 2011, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on January 19, 2011, as follows: 1) Show Cause Hearing re: USR #1250 —
Donald and Margaret larussi; 2) PZ #1140 — Merino Conservation Group, LLC; 3) USR #1762 —
Randall and Robin Anders; and 4) USR #1767 — Michael Konig. Commissioner Conway seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #61100001, ONE (1) THREE-QUARTER TON 4X4 PICKUP WITH LONG BOX -
DEPARTMENT OF PUBLIC WORKS: Barb Connolly, Controller, recommended approval of the low bid
from Phil Long Ford of Denver. Commissioner Conway moved to approve the low bid from Phil Long
Ford, in the amount of $26,434.00, based on staff's recommendation. Seconded by Commissioner
Long, the motion carried unanimously. (Clerk's Note: Ms. Connolly mistakenly indicated the price is
$26,438.00; however, the correct cost is $26,434.00.)
0O1 Minutes, January 24, 2011 2011-0290
Page 1 BC0016
APPROVE BID #61100002, ONE (1) THREE-QUARTER TON 4X4 FULL-SIZE CREW CAB PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly indicated the lowest and second to lowest bids do
not meet the bid specifications; therefore, she recommended approval of the third lowest bid from
Stone Motors. In response to Commissioner Garcia, Ms. Connolly indicated there are two (2) options
being added to the base price. In response to Commissioner Conway, Ms. Connolly stated the two (2)
lowest bids did not meet the flex fuel specification. Commissioner Garcia moved to approve the bid
from Stone Motors, in the amount of $27,912.00, based on staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously. (Clerk's Note: Ms. Connolly mistakenly
indicated the price is $26,912.00; however, the correct cost for the vehicle is $27,912.00, including the
two (2) options.)
APPROVE BID #B1100003, TWO (2) ONE-TON EXTENDED CAB 4X4 PICKUPS WITH DUAL
WHEELS AND UTILITY BOXES - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended
rejecting the lowest bid, since it does not meet the minimum GAWR (Gross Axle Weight Rating)
specifications, and awarding the bid to the second lowest bidder, Phil Long Ford of Denver, for a total
cost of $100,132.00 for two (2) vehicles with options. Commissioner Long moved to approve said bid
from Phil Long Ford, in the amount of $100,132.00, based on staffs recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
APPROVE BID #B1100004, ONE (1) HALF-TON 4X4 SHORT BED EXTENDED CAB PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended approval of the lowest bid from
Spradley Barr Ford, and this vehicle will be CNG (Compressed Natural Gas) converted, which staff will
notify the vendor about, to ensure the appropriate engine is ordered. Commissioner Conway moved to
approve the low bid from Spradley Barr Ford, in the amount of $22,664.05. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE BID #B1100005, ONE (1) 4X4 FULL-SIZE REGULAR CAB DIESEL PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended approving the lowest bid from
Transwest GMC Truck. Commissioner Conway moved to approve the low bid from Transwest GMC
Truck, in the amount of $34,253.00, based on staff's recommendation. Seconded by Commissioner
Long, the motion carried unanimously. (Clerk's Note: Ms. Connolly mistakenly indicated the price is
$34,235.00; however, the correct cost is $34,253.00. This bid was subsequently reconsidered on
January 31, 2011.)
APPROVE BID #B1100006, ONE (1) HALF-TON 4X4 PICKUP - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly recommended approving the lowest bid from Dellenbach Motors for a total, with options,
in the amount of $18,711.00. She stated this vehicle will be CNG-converted and staff will make sure
the necessary information is provided to the vendor. Commissioner Long moved to approve the low bid
from Dellenbach Motors, in the amount of$18,711.00, based on staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
APPROVE BID #B1100007, ONE (1) HALF-TON 4X4 EXTENDED CAB STANDARD SHORT BOX
PICKUP - DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended approving the lowest bid
from Stone Motors, in the amount of $22,220.00, and she stated this vehicle will be CNG-converted,
which staff will notify the vendor about, and staff will provide the vendor with the necessary information.
Commissioner Conway moved to approve the low bid from Stone Motors, in the amount of $22,220.00,
based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
Minutes, January 24, 2010 2011-0290
Page 2 BC0016
APPROVE BID #B1100008, ONE (1) SMALL VAN - DEPARTMENT OF PUBLIC WORKS:
Ms. Connolly recommended rejecting the lowest and second lowest bids, and awarding the bid to a
local vendor, for $20,302.62. In response to Chair Kirkmeyer, Ms. Connolly confirmed the local vendor
that she is recommending the bid be awarded to is Spradley Barr Ford. Commissioner Conway stated
in a work session it was determined $2,423.00 will be saved over the life of the vehicle, based on CNG
prices. Chair Kirkmeyer clarified the cost savings of $2,423.00 is regarding the vehicle, and does not
include the maintenance or the fuel costs. Commissioner Conway moved to approve said bid from
Spradley Barr Ford, in the amount of $20,302.62, based on staff's recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE BID #61100010, ONE (1) HALF-TON 4X4 SHORT BOX PICKUP WITH SNOW PLOW -
DEPARTMENT OF PUBLIC WORKS: Ms. Connolly recommended approval of the low bid from Rush
Medium Duty Truck Centers of Colorado, Inc., in the amount of $24,211.10. Commissioner Garcia
moved to approve said low bid from Rush Medium Duty Truck Centers of Colorado, Inc., in the amount
of $24,211.10, based on staff's recommendation. Seconded by Commissioner Long, the motion carried
unanimously. (Clerk's Note: This bid was subsequently reconsidered on January 31, 2011.)
APPROVE BID #61100018, ONE (1) THREE-QUARTER 4X4 TON EXTENDED CAB LONG BED
PICKUP - SHERIFF'S OFFICE: Ms. Connolly stated this vehicle will be utilized by the Sheriff's Office
for code enforcement, and she recommended rejecting the lowest and second to lowest bids, since the
vehicle has the potential to carry a box on it. She indicated the estimated cost to transfer the animal
containment unit from the current vehicle to another manufacturer's chassis is approximately
$6,600.00; however, to transfer the unit to another Ford chassis will be approximately $1,000.00. She
stated staff also indicated the suspension and transmission performance has not been as good with
GM vehicles. Ms. Connolly recommended acceptance of the bid from Rush Medium Duty Truck
Centers of Colorado for a total of $23,915.00. Commissioner Conway indicated the cost savings when
transferring the animal containment unit will be approximately $5,000.00 with the recommended
vendor, and the cost difference between the lowest bid and the recommended bid is approximately
$700.00. Ms. Connolly concurred with Commissioner Conway. Commissioner Conway moved to
approve said bid from Rush Medium Duty Trucks, in the amount of $23,915.00, based on staff's
recommendation. Seconded by Commissioner Long, the motion carried unanimously.
APPROVE BID #B1100019, THREE (3) HALF-TON 4X4 EXTENDED CAB PICKUPS - DEPARTMENT
OF PLANNING SERVICES: Ms. Connolly recommended approval of the lowest bid from Spradley Barr
Ford, in the amount of $22,296.05, and the vehicle will be CNG-converted. She requested to purchase
a total of three (3) of these vehicles, as opposed to the one (1) originally requested, since there have
been some cost savings regarding other vehicle purchases which will cover the cost of the additional
two (2) vehicles. She stated there are two (2) additional vehicles with high mileage that staff would like
to replace. Commissioner Garcia moved to approve said low bid from Spradley Barr Ford of Greeley
for three (3) vehicles, in the amount of $22,296.05 per vehicle. Commissioner Conway seconded the
motion. Chair Kirkmeyer explained for the record that the CNG conversions are paid from
SEF (Sustainable Energy Funds) awarded to the County, and will not be paid from the General Fund.
There being no further discussion, the motion carried unanimously.
APPROVE BID #61100020, ONE (1) THREE-QUARTER TON 4X4 REGULAR CAB SHORT BOX
PICKUP - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly recommended approval of
the lowest bid from Phil Long of Denver. Commissioner Long moved to approve the low bid from Phil
Long Ford of Denver, in the amount of $20,913.00. Seconded by Commissioner Conway, the motion
carried unanimously.
Minutes, January 24, 2010 2011-0290
Page 3 BC0016
APPROVE BID #61100021, ONE (1) TRANSPORT MINI VAN - SHERIFF'S OFFICE: Ms. Connolly
recommended approval of the lowest bid from Korf Continental, in the amount of $22,504.00.
Commissioner Conway moved to approve the low bid from Korf Continental, in the amount of
$22,504.00, based on staff's recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
APPROVE BID #61100022, FOUR (4) FULL-SIZE PATROL VEHICLES - SHERIFF'S OFFICE:
Ms. Connolly recommended approval of the lowest bid from Phil Long Ford, in the amount of
$21,591.00 per vehicle, for a total cost of $86,364.00. Commissioner Long moved to approve the low
bid from Phil Long Ford, in the amount of $86,364.00, based on staffs recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
APPROVE BID #B1100023, ONE (1) CIVILIAN/UNMARKED VEHICLE WITH POLICE PACKAGE -
SHERIFF'S OFFICE: Ms. Connolly recommended approval of the lowest bid from Korf Continental, in
the amount of $19,756.00. Commissioner Conway moved to approve the low bid from Korf
Continental, in the amount of $19,756.00, based on staffs recommendation. Seconded by
Commissioner Long, the motion carried unanimously.
APPROVE BID #61100024, ONE (1) FOUR-DOOR 4X4 SPORT UTILITY VEHICLE (SUV) -
DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Connolly recommended approval of the low bid
from Pro Chrysler Jeep, in the amount of $18,779.00. Commissioner Garcia moved to approve the low
bid from Pro Chrysler Jeep, in the amount of $18,779.00, based on staffs recommendation. Seconded
by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT #4 TO TASK ORDER CONTRACT FOR COLORADO FAMILY PLANNING
INITIATIVE: Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, stated
this amendment was reviewed by the Board at a work session conducted on January 17, 2011, and it is
the fourth year the Department has been utilizing these funds to purchase supplies which focus on
increasing access to long-acting reversible forms of contraception. He stated there is a waiting list of
approximately 90-100 people who are interested in the available methods, which are provided at lower
costs. He stated a private donor provides this money to the State, which then distributes the funds to
Programs around the State. Dr. Wallace stated the term of the amendment is January 15, 2011,
through June 30, 2011, and it is for an amount not to exceed $31,590.00. Commissioner Long moved
to approve said amendment. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPLICATION FOR A TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB: Bruce Barker, County Attorney, stated this is an
application for a new license; however, this location has previously been licensed. He stated there are
three (3) items listed as findings on the first page of the proposed Resolution, and the applicant has a
representative present to answer questions. In response to Commissioner Garcia, Mr. Barker
confirmed Commissioner Rademacher inspected the facility and his report has been included in the
materials provided to the Board.
In response to Chair Kirkmeyer, Lili Jara, Lonestar, LLC, dba Vaqueras Night Club, indicated the
County staff has been helpful in the application process, and the process seems to be going well.
Deputy Julie Mercer, Sheriff's Office, stated she inspected the facility; however, since it had no liquor at
the facility, she could not complete the liquor inspection. She stated she has had a good working
relationship with Ms. Jara, and Ms. Jara is very willing to work with law enforcement. She stated there
was one (1) item that the applicant indicated she would be correcting, based on instruction from a
previous inspection of the facility; however, the Sheriff's Office has no concerns regarding the liquor
Minutes, January 24, 2010 2011-0290
Page 4 BC0016
license application. Chair Kirkmeyer provided the opportunity for public testimony; however, none was
given. Commissioner Garcia moved to approve said application and the findings stated in the
Resolution, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER APPLICATION TO CONDUCT PUBLIC DANCE OR DANCES AND AUTHORIZE CHAIR
TO SIGN - LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB: Mr. Barker indicated this application is
for a dance license, which will commence January 1, 2011, through December 31, 2011. In response
to Chair Kirkmeyer, Mr. Barker indicated the opportunity for public testimony does not need to be
provided regarding this application. Commissioner Long moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE:
Mr. Barker stated this is a standard renewal application for a hotel and restaurant liquor license.
Deputy Mercer indicated she completed an inspection at the facility, and everything is in order;
therefore, she has no concerns about the application. Chair Kirkmeyer provided the opportunity for
public testimony; however, none was given. Commissioner Conway moved to approve said
application. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF COUNTY ROAD 43.5 RIGHT-OF-WAY -
ROCKY'S AUTOS, INC./DAVID ROTHROCK: Don Carroll, Department of Public Works, stated this is
a petition to vacate a portion of County Road 43.5, at, and adjacent to, County Road 12.5. He stated
this area is near the new truck stop in the Town of Hudson, and conversations have taken place
between the County and the Town of Hudson about realigning this stretch of County Road 12.5. He
stated the portion of County Road 43 the petitioner is requesting to be vacated provides access to his
ranch and it does not provide through access for traffic. Mr. Carroll stated vacating this portion of
right-of-way will not landlock any parcels, and it is only utilized as a private driveway to access two (2)
vacant dwellings, which may be scheduled for removal. He stated the road is becoming a nuisance
because people are driving to the end of the road and then trespassing onto the private property,
including the ponds. He stated people are trying to access the Hudson Correctional Facility from the
road; however, the road does not provide access to the facility. Mr. Carroll stated Mel Everhart, Grader
Division Supervisor, has recommended this section of roadway be removed from the County
maintenance schedule. He stated if the Board decides to vacate the right-of-way, any existing utilities
must be retained, along with adequate access, in order for the utilities to be maintained. He stated the
applicant indicated he would reinstate the right-of-way if the County requires it at some point in the
future. Mr. Carroll stated the Town of Hudson has no objections to this portion of right-of-way being
vacated, and he has provided a written summary of his recommendations to the Board, which include
closing the road to the public and allowing the petitioner to gate and maintain the roadway as a private
driveway, removing the County maintenance status, and retaining the right-of-way for future use. He
indicated there will still be a problem for the petitioner with not being able to ask people to leave if they
access the private driveway, since the driveway will technically remain a public right-of-way.
Mike Miller, Corporate Counsel for Rocky's Autos, indicated he appreciates the effort Mr. Carroll and
his Department have put forth in trying to create a resolution to put an end to the trespassing and
vandalism on his client's property, and he thanked Elizabeth Strong, Deputy Clerk to the Board, for
communicating with him throughout the application process. He indicated that he provided a letter
summarizing his client's position, in addition to the petition materials, and most of his position was
restated well by Mr. Carroll. He stated this is a road which intersects County Road 12.5, and it only
extends approximately one-half mile and leads to two (2) dwellings, which are not occupied, and there
was not much of a problem for his client until the Hudson Correctional Facility was constructed and the
traffic increased in the area. Mr. Miller stated there has been a lot of vandalism on the property,
Minutes, January 24, 2010 2011-0290
Page 5 BC0016
including more than $18,000.00 in copper wire being stolen, which his client filed police reports for on
two (2) separate occasions; however, nothing has been recovered. He stated his client feels it is
important to vacate the road, in order for him to be able to protect his property and to restrict the use of
the road. He stated the ponds are attractive to people, and people have been picnicking on his clients
property and accessing the ponds, often unaware that the ponds are on private property. Mr. Miller
indicated he appreciates the proposal made by the Department of Public Works, and it would eliminate
90 percent of the problems; however, it does not provide a solution for the situations where people
continue to access the road, since it will still be a public right-of-way. He stated if the Board will not
consider vacating the road, his client will accept the proposal. He reiterated that if the Board vacates
the road, his client is willing to transfer the road back to the County at no cost if the road is ever
needed. Mr. Miller recommended vacating the road, with some type of a reversionary interest.
David Rothrock, President of Rocky's Autos, and owner of the adjacent private property, stated the
copper wire was stolen off of a well situated near the road that he is requesting to be vacated. He
indicated people frequently try to hunt and fish on his property, and sometimes conflicts occur when he
explains it is a private property. He stated vacating the road will provide a cost savings for the County,
since it will no longer incur the cost of maintaining the road, and it will be a value to the public to no
longer have people accidentally driving onto a dead end road. Mr. Rothrock stated there are often beer
cans left behind on his property, and he would appreciate the Board vacating the road until it is needed,
which will save the County money in the interim. In response to Commissioner Garcia, Mr. Rothrock
stated there is no other access to the property besides County Road 43.5, and there are numerous oil
and gas wells throughout the property. He stated the oil companies have the right to enter and exit the
property. In response to Commissioner Garcia, Mr. Rothrock confirmed the oil and gas companies will
retain access to the property if the road is vacated by the County. Mr. Miller stated the oil and gas
companies have recorded easements which allow them access to the property, and Mr. Rothrock
provides the companies with the combinations and keys to the locked gates on the property. He stated
the vacation will not affect the rights of the oil and gas companies. In response to Commissioner
Garcia, Mr. Barker stated the statute does not provide for reversionary interest, and road vacations are
often compared to quit claims deeds in terms of the types of action available. He clarified the County
can either vacate the right-of-way or retain it, and if the County vacates the right-of-way, it must follow
the statutory procedure, which indicates the only reservations which can be retained after vacation are
utilities, such as sewer and power lines. He stated to do what is being proposed would require an
easement which is executed and recorded, yet not accepted by the County until it is needed, which is
difficult, and there is no process is place for what is being proposed. Mr. Rothrock stated the County
vacated County Road 43, to the north of the property, a few years ago, and it has been a good change,
which has worked wonderfully and functionally, with no complications. Commissioner Conway inquired
about the e-mail response from the Town of Hudson regarding County Road 12.5. Chair Kirkmeyer
stated the County is working with the Town of Hudson to turn County Road 12.5 over to the Town, and
the County is working with the Colorado Department of Transportation (CDOT) to vacate the access at
County Road 12.5 and State Highway 52. She stated CDOT is going to close the access at the
Frontage Road and then provide access at Hickory Street. Commissioner Conway read the e-mail from
Joe Racine, Town Administrator for Hudson, into the record. Mr. Carroll indicated that he is familiar
with the e-mail and what Mr. Racine is referring to is a 30 foot by 30 foot section, which was not
included in the legal description in the public notice. Mr. Miller stated that Mr. Rothrock has no
objection to amending the legal description to be accurate, and Rocky's Autos, Inc., is willing to pay for
a survey to be completed if it is necessary. He clarified the Town of Hudson has no objections to
vacating the right-of-way; the Town just wants the legal description to be correct. Chair Kirkmeyer
indicated the Town of Hudson should have a legal description on file from when it annexed this portion
of County Road 12.5. Mr. Miller stated the Town of Hudson's legal description conflicts with the
County's legal description. Chair Kirkmeyer provided the opportunity for public testimony; however,
none was given. Commissioner Garcia indicated the legal description in the Resolution states
"Sections 3 and 4, Township 1 North, and Section 34, Township 2 North, Range 65 West of the
Minutes, January 24, 2010 2011-0290
Page 6 BC0016
6th P.M., Weld County, Colorado, EXCEPT the south 30 feet thereof" He inquired as to whether the
language accurately addresses the issue. Mr. Carroll stated the language "EXCEPT the south 30 feet
thereof' was added to the end of the legal description to correct it upon receiving Mr. Racine's e-mail.
Commissioner Conway inquired as to what the difference is whether the Board vacates the right-of-
way, as opposed to gating the road. Mr. Miller stated staff's recommendation provides most of what is
needed; however, he envisioned a problem with enforcing non-trespassing if people climb over the
gate, since there is no way to enforce trespassing on a public right-of-way. Chair Kirkmeyer inquired as
to whether a sign can be placed on the right-of-way which states "No Public Access." Mr. Barker
indicated such a sign cannot be placed on a public right-of-way. Responding to Chair Kirkmeyer,
Mr. Barker clarified the Board can either choose to vacate the right-of-way or retain it. He stated there
is no way to close the roadway other than to vacate it. He stated Mr. Miller has adequately addressed
the issue that every member of the public has the right to access public road right-of-way. Further
responding to Chair Kirkmeyer, Mr. Barker clarified the County sometimes closes roads when it is not
maintaining the roads; however, the public may still access the roads. Commissioner Conway stated
the public has access to the road; however, the public does not have the right to access the private
property; therefore, when members of the public stray from the road, the property owner has the right to
call the Sheriff. Mr. Miller stated there is no public purpose for the road, since it is not a through road,
and it ends at the private residences. Chair Kirkmeyer stated when the Board vacated various rights-
of-way for the Guttersen Ranch there was a provision included in the Resolution regarding access for
oil and gas companies, and she inquired as to whether Mr. Barker has access to the language, in order
to include it in this Resolution if the Board chooses to vacate the right-of-way in this instance. She
stated there was also language regarding future access to materials in the Guttersen Ranch
Resolution. Mr. Barker stated there is an implied easement to be able to access those materials
anywhere in the County; however, it can be specified in the Resolution as well. Mr. Carroll indicated he
vaguely remembers the Guttersen Ranch petition; he recalls the Department was trying to clean up
small portions of roads that it did not make sense for the County to maintain. Commissioner Conway
inquired as to what is located north of County Road 43 and the vacant houses. In response to Chair
Kirkmeyer, Mr. Carroll confirmed there will not be any parcels landlocked as a result of this portion of
right-of-way being vacated.
Janet Carter, Department of Public Works, presented a map on the overhead projector for
Commissioner Conway and she indicated the location of the properties and the roads being
considered. Commissioner Garcia stated he typically is opposed to vacating rights-of-way; however,
this is an interesting issue due to the Town of Hudson's plans regarding County Road 12.5, which will
cause this portion of right-of-way to be an orphan road if the County continues to maintain it. He stated
this portion of right-of-way does not serve any other property owners than the petitioner and there seem
to be concessions for oil and gas companies to access the property. He stated Mr. Rothrock has
demonstrated a need to limit the public's ability to access the private property. Commissioner Garcia
stated he really favored the idea of reversionary interest; however, he understands it cannot be
achieved under the statute. He stated he is in support of the option of allowing the property owner to
close the road with a gate, which meets most of the petitioner's needs, more than he supports a
vacation. Mr. Miller inquired as to whether it would be possible to have an unrecorded quit claim deed
which is backdated. Mr. Barker stated it is possible; however, he is concerned that if the property sold,
the quit claim deed would not be in the record. Mr. Miller stated the property owner would be required
to disclose the information if the property was sold. Mr. Barker stated he would prefer to have a deed
of dedication which would be recorded; however, the Board would not accept the deed of dedication
until it needs the right-of-way, and the action of acceptance could take place at any point in the future.
Chair Kirkmeyer stated she does not usually like to vacate rights-of-way; however, she would be in
favor in this instance, with the condition the oil and gas companies maintain their subsurface rights on
the property. She stated the reason she is favor of the vacation is the public is not utilizing the road for
purposes other than vandalizing and trespassing on the adjacent property. She stated Rocky's Autos,
Inc., owns all the surrounding property and if the property is sold or developed, it would be the property
Minutes, January 24, 2010 2011-0290
Page 7 BC0016
owner's responsibility to construct a road and to ensure none of the parcels are landlocked. She stated
the reversionary component does not sway her one way or the other, since the property owner will be
required to bring the road up to the County standards if the County decides to accept the deed of
acceptance, which it may never decide to accept. Chair Kirkmeyer stated she would not be in favor of
providing any additional access to County Road 12.5, based on the amount of current and anticipated
traffic; however, it likely would not be up to the Board anyhow, since most of the property is adjacent to
the Town of Hudson. Commissioner Long stated he does not see much difference between this
situation and the one east of the Town of New Raymer, where the Board was unwilling to vacate the
right-of-way, due to a potential need for the right-of-way, and the potential need for growth in this area
is far more likely than the case near the Town of New Raymer. He indicated he wants to be fair in the
Board's deliberations and decisions from one application to the next and he is seeing an inconsistency
regarding petitions to vacate rights-of-way. Chair Kirkmeyer stated the situation where the Board did
not grant a vacation to the petitioners up north was because it appeared the property owners did not
want to allow oil and gas companies access to the property, and they were requesting the vacation to
specifically limit the oil and gas companies' access. She indicated the other situation where the Board
has recently denied a petition for vacation was where there was a fence placed on the County's
right-of-way and where they were forcing everyone to access the adjacent properties by utilizing an
adjacent property, and it did not seem right to vacate the right-of-way in the situation. She stated the
property owners in that situation did not own all the surrounding property, as is the case in this
situation. Commissioner Conway stated he is on the fence on this matter; however, he thinks
Commissioner Garcia made a good point about a potential orphan road, and he concurred that this
area will likely be the Town of Hudson's responsibility in the future. He stated the problem is the Board
has to try to anticipate where the growth will be in the County in 50 years and what the transportation
needs will be at that time. Chair Kirkmeyer clarified this right-of-way be the property owner's
responsibility, as opposed to the Town of Hudson's. In response to Commissioner Conway, Mr. Barker
reiterated his recommendation is that the Board requires a deed of dedication, where the Board must
accept the deed of dedication when the County needs the right-of-way. He clarified the deed of
dedication will be signed by the property owner, and it will be recorded, with the provision that it will be
accepted at such time as the Board deems acceptable, and maybe the Town of Hudson can be
included as an entity which may accept the deed of dedication. In response to Commissioner Garcia,
Mr. Barker suggested the Board's motion make the vacation contingent upon the deed of dedication
being received. He stated the vacation will not become effective until the Resolution is recorded;
therefore, the Board should require that the deed of dedication be recorded prior to this Resolution
being recorded. Commissioner Conway stated staff's suggestion to close the road is a good
suggestion which solves 90 percent of the petitioner's problems. He suggested the Board does not
approve the vacation at this time; however, it allows the petitioner to gate the road, and if this does not
resolve the problem, the petitioner can return to the Board at a later time to further consider vacating
the road. Commissioner Garcia stated he is willing to support approval of the vacation, contingent on
deed of dedication, as suggested by Mr. Barker; however, he would also support the suggestion of
Commissioner Conway, if the majority of the Board prefers it. He moved to approve said petition to
vacate a portion of County Road 43.5, contingent on a deed of dedication being recorded.
Commissioner Long seconded the motion. Commissioner Conway stated he will support the motion,
since he finds it to be a fair resolution. Mr. Miller stated he will work with Mr. Barker to complete the
deed of the dedication. Mr. Rothrock thanked the Board, and he stated the Department of Public
Works staff was wonderful to work with. There being no further discussion, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CR 41 AND ELM STREET: Ms. Carter
stated said closure will commence today, January 24, 2011, through February 11, 2011, in order to
replace a bridge. She stated the average daily traffic count for County Road 50 is 706 vehicles,
according to a traffic count taken in the year 2006, and magnesium chloride will be used for dust control
on the gravel portions of the detour route. She stated message boards will be utilized in advance of the
Minutes, January 24, 2010 2011-0290
Page 8 BC0016
closure, in order to warn commuters, and road signs and barricades will be utilized throughout the
closure. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER GRANT CONTINUATION APPLICATION FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Alice Ong, student intern for the District Attorney's Office, indicated this
grant application is being submitted to the Colorado Division of Criminal Justice, and the grant will
require a 25 percent cash match from the County. She stated the total grant amount will be
$84,186.00; $63,140.00 will be paid by the State, and $21,046.00 will be paid by the County.
Commissioner Conway moved to approve said application and authorize the Chair to sign.
Commissioner Garcia seconded the motion. Chair Kirkmeyer inquired as to whether the amount from
the State is absolute.
Kirsta Britton, District Attorney's Office, stated $63,140.00 is just the amount staff is requesting from the
State. Responding to Chair Kirkmeyer, Ms. Britton confirmed staff will notify the Board of any changes
to the amount, whether the amount awarded is higher or lower than anticipated. There being no further
discussion, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Garcia moved to reappoint Carl Harvey to the Regional Communications Advisory Board
as the Police Zone 2 representative and to reappoint Robert Standen and Hugh Kane as the Fire
Zone A representatives, all with terms to expire December 31, 2013. Seconded by Commissioner
Conway, the motion carried unanimously.
PLANNING:
CONSIDER VACATION OF USR PERMIT #374 - RANCHVIEW INVESTMENTS COMPANY, LLC:
Kim Ogle, Department of Planning Services, stated staff received a letter from Joseph Knopinski,
representative for Ranchview Investments Company, LLC, which indicates that when applying for a
loan, Mr. Knopinski's client discovered their property is encumbered by Use by Special Review (USR)
Permit #374. He stated staff supports the request to vacate USR Permit #374. Chair Kirkmeyer
indicated there is a typographical error in the second paragraph of the Resolution; the year needs to be
corrected to state 1978, as opposed to 2978. There were no representatives of Ranchview
Investments, LLC, present, and there was no public testimony provided. Commissioner Long moved to
approve the vacation of USR Permit #374. Seconded by Commissioner Garcia, the motion 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, January 24, 2010 2011-0290
Page 9 BC0016
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
_ W COUNTY, COL RADO
ATTEST: � �- ;) , _ ������ /
-, `A rbara Kirkmey hair
Weld County Clerk to th-(oa ynt:it- I
c
' 1861 ^."O 4 f `
/ ,Sean P. ConAay, Pro-Tem �-)
BY: i ✓/' � .,,�1 ,s c • , d„ (-
Deputy Clerk to the Boa ff_l . A- +' 'LZ�
`a. Will' F. Garcia
ED O M:
/� David E. Long
l/ t/-_
ou y Attorney EXCUSED
Douglas Rademacher
Minutes, January 24, 2010 2011-0290
Page 10 BC0016
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