HomeMy WebLinkAbout20103001.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 20, 2010
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, December 20, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia — EXCUSED
Commissioner David E. Long
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 December 15, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on December 14, 2010: 1) Violation Hearings, and on December 15, 2010:
1) Annual Meeting and 2011 Budget for Beebe Draw Law Enforcement District Authority Board,
2) Annual Meeting and 2011 Budget for Weld County Pioneer Community Law Enforcement Authority
Board, 3) Annual Meeting and 2011 Budget for Southwestern Weld County Law Enforcement Authority
Board, and 4) 2011 Final Budget. Commissioner Long seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Bob Stack, Pablo Perez, and Kim Parker, representatives for the Greeley Convention
and Visitors Bureau, presented cookies to the Board members and thanked them for their support of
the Greeley Convention and Visitors Bureau.
In response to Doug Meyer, Weld County resident, Commissioner Conway indicated he is unable to
confirm a change in the designation of the Preble's Meadow Jumping Mouse, and a City of Greeley
employee indicated it has not been placed on the Endangered Species list. He stated the employee
indicated the City of Greeley is trying to expand its reservoir areas, and the area around the expansion
has been deemed prime habitat for the Preble's Meadow Jumping Mouse, which affects the
Environmental Impact Statement. Further responding to Mr. Meyer, Commissioner Conway stated the
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area surrounding Halligan Reservoir may be affected; however, he heard it only impacted Seaman
Reservoir from someone he spoke to on a water board.
Mr. Meyer stated there was an article by Bill Jackson in the Greeley Tribune last week regarding easing
water limitations and the article is a prime example of how the NEPA (National Environmental Policy
Act of 1969) process would help Weld County with well matters and the Air Quality Control Commission
hearing.
Mr. Meyer stated he has read the Record of Decision regarding Pawnee National Grassland several
times and he thought there was an agreement regarding salt being placed in boxes which were to
remain in the same locations; however, the record of decision indicated the salt will be placed wherever
the U.S. Forest Service wants to place it. He stated the Record of Decision also indicated the
U.S. Forest Service will be closing certain roads, some of which may be permanently closed, which
would limit public access and access for emergency services. Chair Rademacher indicated he will
investigate both of these matters. Mr. Meyer stated initial discussions indicated temporary closures
may occur due to watershed issues; however, the Record of Decision indicates the roads may be
permanently closed.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #61100009, 4X4 CAB AND CHASSIS - DEPARTMENT OF PUBLIC WORKS: Pat
Persichino, Director, Department of Public Works, recommended acceptance of the low bid from Stone
Motors, in the amount of $37,704.00, and he stated this bid was discussed at a work session. Chair
Rademacher indicated his documentation shows a bid amount of $36,975.95 from Stone Motors, Inc.
Commissioners Long and Conway indicated the amount of $37,704.00 includes some of the available
options. In response to Chair Rademacher, Mr. Persichino confirmed the base amount of $36,975.95
does not include all the necessary options. Commissioner Long moved to approve the low bid from
Stone Motors, Inc., in the amount of $37,704.00, based on staff's recommendation. Seconded by
Commissioner Conway, the motion carried unanimously.
APPROVE BID #61100011, TANDEM AXLE DUMP TRUCK WITH SANDER/PLOW - DEPARTMENT
OF PUBLIC WORKS: Ms. Persichino stated the low bid is in the amount of $141,000.00; however, the
Department would like to add Option #1, which is a battery kill switch, for $200.00, and a 20,000-pound
front axle, for $2,000.00, to provide more stability on the plow route. He stated this vehicle has a dump
body, and there are representatives for the dump body manufacturers present who want to speak to the
Board. He stated there is a local vendor within $2,000.00 of the low bid for the dump body portion of
the bid. In response to Chair Rademacher, Mr. Persichino confirmed the low bid is from Transwest
Trucks; however, the issue is with the dump body which slips into the truck.
Keith Daylor, Layton Truck Equipment, stated Layton Truck Equipment offers the best overall value
proposition due to the price advantage and the features offered on the equipment. He stated the
Department of Public Works has indicated it would like to have an adjustable attack angle on the snow
plow, and Layton Truck Equipment offers this as a standard feature on its product, which OJ Watson
does not, and Layton Truck Equipment provides adjustable trip tension, which is easily adjustable and
allows the operator to quickly adjust the snow plow to the conditions. He stated another advantage of
Layton Truck Equipment is its dump bodies have an approximately eight (8) inch lower center of gravity
than OJ Watson's dump bodies, which is a great safety feature as far as maneuverability. In response
to Chair Rademacher, Mr. Persichino stated both vendors meet the specifications, and he recommends
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acceptance of the low bid; however, the Board has the option to select the local vendor when bids are
alike in quality.
Derrick Dewey, General Manager of OJ Watson, stated Page 2 of the bid specifications states the box
must not be less than a 14 cubic-yard truck capacity and the 15-foot RDS complies with the
specification by using channel sideboards, which are included in the bid; however, Layton Truck
Equipment's bid describes the Henderson Unibody as having 14 cubic-yard capacity only with the use
of the boards, which are not included in its base price; therefore, the County must pay an additional
$875.00. He stated if OJ Watson is selected, the truck will be built within one (1) mile of here;
therefore, there will be no freight cost, and Layton Truck Equipment included $350.00 for freight,
bringing its total bid amount to $50,975.00. He stated when considering these items, the bids
submitted by Layton Truck Equipment and OJ Watson are $1,020.00 apart, which is .02 percent.
Mr. Dewey stated the bid specifies the Board will give preference to bidders residing within Weld
County, he built a truck for the County earlier this year, and he gives preference to the County trucks
when the trucks encounter a problem. Commissioner Kirkmeyer inquired as to whether Mr. Persichino
feels one of the vendors products will be safer than the other's products. Mr. Persichino indicated the
Department has not encountered any issues with either vendor's products, both vendors produce
excellent products, and since he has not experienced any safety concerns with either vendor's
products, safety is not a factor in his decision. Commissioner Conway inquired as to whether it is
easier to obtain service from the local vendor. Mr. Persichino stated the Department of Public Works
has never experienced any major problems with the dump bodies from either of the vendors; however,
if a unit does need to be repaired, the local vendor's shop would, of course, be closer. In response to
Commissioner Conway, Mr. Persichino confirmed the warranties between the vendors are comparable.
Commissioner Long expressed his appreciation to both representatives for attending the meeting, and
he stated the County strives to give local preference. He moved to approve the low bid from Transwest
Trucks, as recommended by staff, yet to award the dump body portion of the bid to the local vendor,
OJ Watson. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #61100012, THREE (3) AXLE TRUCK TRACTOR - DEPARTMENT OF PUBLIC
WORKS: Mr. Persichino recommended rejecting the two (2) lowest bids from Volvo of Denver and
Transwest Trucks, since the bids do not meet the specifications, and awarding the bid to the third
lowest bidder; MHC Kenworth, for a total amount of $119,717.00. Commissioner Long moved to
approve the bid from MHC Kenworth, in the amount of $119,717.00, based on staff's recommendation.
Commissioner Conway seconded the motion. Commissioner Kirkmeyer stated she wants to point out
Transwest Trucks has businesses within Weld County, even though its corporate office is located
outside of Weld County. Mr. Persichino reiterated Transwest Truck's bid did not meet specifications.
Commissioner Kirkmeyer indicated she understands Transwest Trucks did not meet bid specifications;
however, she wanted to note it is a local vendor. There being no further discussion, the motion carried
unanimously.
APPROVE BID #B1100013, TANK TRAILER - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
recommended acceptance of the low bid from Utility Trailer Sales of Colorado, in the amount of
$94,508.00. Commissioner Long moved to approve the low bid from Utility Trailer Sales of Colorado, in
the amount of $94,508.00, based on staffs recommendation. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
APPROVE BID #61100014, SINGLE AXLE TRUCK WITH DISTRIBUTOR TANK- DEPARTMENT OF
PUBLIC WORKS: Mr. Perichino recommended rejecting the low bid from Klein Products of
Kansas, Inc., since it does not meet the specifications, and awarding the bid to the second lowest
bidder; Transwest Trucks, in the amount of $150,551.00. Commissioner Kirkmeyer moved to approve
the low bid from Transwest Trucks, in the amount of $150,551.00, based on staff's recommendation.
Seconded by Commissioner Long, the motion carried unanimously.
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Page 3 BC0016
APPROVE BID #61100015, THREE (3) MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino recommended acceptance of the low bid from Power Equipment Company for two (2)
motorgraders with all the options except Option G, for $207,255.00 each, and one (1) motorgrader with
all the options, for $217,120.00, totaling $631,630.00. Commissioner Long moved to approve the low
bid from Power Equipment Company, in the amount of $631,030.00, based on staff's recommendation.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #B1100016, QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF PUBLIC
WORKS: Mr. Persichino recommended acceptance of the low bid from Utility Trailer Sales of
Colorado, in the amount of $49,950.00. Commissioner Conway moved to approve the low bid from
Utility Trailer Sales of Colorado, in the amount of $49,950.00, based on staffs recommendation.
Seconded by Commissioner Long, the motion carried unanimously.
APPROVE BID #B1100017, MINI SKID LOADER - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino recommended acceptance of the second lowest bid from Ditch Witch of the Rockies,
with Option 1, for a total of $22,218.00. In response to Chair Rademacher, Mr. Persichino clarified the
low bid does not the meet specifications regarding horse power. Commissioner Kirkmeyer moved to
approve the second lowest bid from Ditch Witch of the Rockies, in the amount of $22,218.00, based on
staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director,
Department of Human Services, stated the first Expenditure Authorization modification is for the
Weld-Adams County Sustainable Manufacturing Alliance Grant funding, and Employment Services was
awarded a grant in the amount of $50,000.00. She indicated there is an agreement within the
Expenditure Authorization, between Upstate Colorado Economic Development and Employment
Services, and the Department would like to award $45,000.00, which is 90 percent of the funds, to
Upstate Colorado Economic Development, to begin the implementation of the Weld-Adams Sustainable
Manufacturing Alliance and to complete the deliverables identified in the Expenditure Authorization by
June 30, 2011; not April 30, 2011, which was mistakenly typed in the memorandum provided by her
staff. She stated Employment Services will use $5,000.00, which is ten (10) percent of the funds, for
the costs incurred in overseeing the project. Ms. Griego stated the second Expenditure Authorization
modification is for the Trade Adjustment Act (TAA) Case Management Funds, and the Department was
awarded $14,111.00 to help cover a portion of the direct staff costs associated with the case
management of clients who are determined eligible for services under the TAA Program. She stated
the last Expenditure Authorization is for the Workforce Investment Act (WIA) Performance Incentive
funding, since the Department was awarded $41,972.00, which the Department would like to use to
provide marketing and staff training for special populations. Commissioner Kirkmeyer moved to
approve said Expenditure Authorization Modifications and authorize the Chair to sign, with the
clarification that Upstate Colorado Economic Development will complete the project by June 30, 2011,
as opposed to the incorrect date which appeared on the staff memorandum. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - WELD
COUNTY SCHOOL DISTRICT 6: Ms. Griego stated this is a continuation of a Memorandum of
Understanding with Weld County School District 6 to assign a Medicaid intake specialist at the Health
Center located at Centennial Elementary School for three (3) days per week, to support all the District's
students. She stated Weld County School District 6 will reimburse the Department an amount not to
exceed $14,000.00, and the term of the Memorandum of Understanding commenced October 1, 2010,
and it will terminate on June 30, 2011. Commissioner Conway moved to approve said Memorandum of
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Page 4 BC0016
Understanding and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SIX (6) AMENDMENTS TO CHILD PROTECTION AGREEMENTS WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the purpose of the amendments
is to keep the Department within its Core funding allocation. She stated the first amendment is to an
agreement with Jubilee Retreat Center to provide Life Skills/Bonding Program Services, to increase the
funding amount by $40,000.00, for a new maximum funding amount of$95,000.00. She stated the next
amendment is to an agreement with Child Advocacy Resource Education, Inc., for Life SkillsNisitation
Services, to decrease the funding by $40,000.00, for a new maximum funding amount of $60,000.00.
Ms. Griego stated the next amendment will be to an agreement with Perklen Center for Psychotherapy
for Mental Health Services, to increase the amount of funding by $4,000.00, for a new maximum
amount of $6,000.00. She stated the amendment to the agreement with Family Matters of
Colorado, LLC, will decrease the funding amount for Mental Health Services by $4,000.00, to a new
maximum amount of $16,000.00. She stated the next amendment is to an agreement with Perklen
Center for Psychotherapy, to increase the funding for Sexual Abuse Treatment/Offense Specific
Treatment Services by $7,000.00, for a new maximum funding amount of $13,625.00. Ms. Griego
stated the final amendment is to an agreement with Ackerman and Associates, P.C., to decrease the
funding amount for Sexual Abuse Treatment/Safe-T Program Services by $7,000.00, for a new
maximum funding amount of $18,000.00. Commissioner Kirkmeyer moved to approve said
amendments and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER COMMUNITY FAMILY SUPPORT FUNDING AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - UNITED WAY OF WELD COUNTY, ON BEHALF OF PROMISES FOR CHILDREN: Debbie
Drew, Director of Public Health Services at the Weld County Department of Public Health and
Environment, stated this is a small grant from United Way, Promises for Children, in the amount of
$511.75, which will be used to purchase books and educational toys for the Nurse Family Partnership
Program. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - STERIS CORPORATION:
Trevor Jiricek, Director of Environmental Health at the Weld County Department of Public Health and
Environment, stated this is a five (5) year service agreement for the autoclave in the laboratory, for
$2,006.73 per year. He indicated that Stephanie Arries, Assistant County Attorney, reviewed and
amended the original agreement, resulting in the agreement presented to the Board today.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CONTRACT FOR HEALTHY COMMUNITIES OUTREACH AND CASE MANAGEMENT
(PREVIOUSLY EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT PROGRAM)
AND AUTHORIZE CHAIR TO SIGN: Ms. Drew stated this contract is for $60,000.00, which is the first
half of the total grant amount budgeted for the fiscal year, to provide outreach to families concerning
Medicaid and Child Health Plan Plus resources. Commissioner Conway moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER CANCER, CARDIOVASCULAR DISEASE, AND PULMONARY DISEASE PREVENTION
COMPETITIVE GRANT RENEWAL APPLICATION FOR THE WELD COUNTY CARDIOVASCULAR
DISEASE PREVENTION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Gaye Morrison, Weld
County Department of Public Health and Environment, stated this is a grant application to the Colorado
Department of Public Health and Environment, Office of Health Disparities, to conduct a Cardiovascular
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Disease Prevention Program for Hispanics and other minorities within Weld County. She stated the
application requests funding for two (2) years, commencing July 1, 2011, through June 30, 2013, in the
amount of $193,881.00. She stated the Department will provide education and training, including
risk-reduction classes, and the Department will work through existing health providers and the hospital
to recruit clients. Ms. Morrison stated the classes will be conducted in churches, community centers,
food banks, and other locations. She stated this Program will be very similar to the Heart of Weld
Program that the Department has conducted over the last couple of years, and it will be operated by
existing staff. In response to Commissioner Conway, Ms. Morrison stated there is no County match
requirement for the grant. Commissioner Conway moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BOULDER CREEK TRADING
COMPANY, INC.: Christopher Woodruff, Assessor, stated this petition is for a personal property
account, for the year 2009. He stated there was an incorrect business type assigned to this property,
which resulted in an incorrect valuation, and when the corrected information was received, it resulted in
a change in the value. He stated the original actual value was $158,725.00, and the corrected actual
value is $14,721.00; therefore, he recommends a tax abatement in the amount of $3,538.37.
Commissioner Long moved to approve said tax abatement in the amount of $3,538.37, based on staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JH SEMP AND SONS
MACHINE, INC.: Mr. Woodruff stated this petition is for a personal property, and in the year 2009, the
property owners included a piece of leased equipment in the listing and the equipment was double
taxed, since the leasing company also claimed the equipment. He stated the original actual value was
$484,111.00, and the corrected actual value is $392,558.00, which is an abatement in value of
$91,553.00, and an abatement in taxes in the amount of $2,271.38. Commissioner Conway moved to
approve said tax abatement in the amount of $2,271.38, based on staff's recommendation. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PROBUILD COMPANY, LLC:
Mr. Woodruff stated this petition is for a personal property located in the Town of Lucerne and the lease
for the property terminated in May, 2008, when the property was removed from the location; therefore,
there is no property to value for the year 2009. He stated the original actual value was $82,936.00, and
the corrected actual value is $0.00, resulting in an abatement of taxes in the amount of $1,584.94.
Commissioner Kirkmeyer moved to approve said tax abatement, in the amount of $1,584.94, based on
staff's recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2011 AND AUTHORIZE CHAIR
TO SIGN: Mr. Woodruff stated the certification of tax levies for all the taxing authorities within Weld
County for the year 2011 has been provided to the Board, and the Board's approval of the certification
is a necessary statutory step for him to be able to create and deliver the tax warrants. Commissioner
Kirkmeyer stated she has only counted 30 cities and towns, and she inquired as to which ones are
missing. Mr. Woodruff stated there may be some taxing authorities missing because when a District
does not certify a levy to the Board before December 15, the levy can be extended for one (1) year,
based on the direction of the division of local government; however, if the taxing authority does not
certify a levy within the year, it can be suspended. He stated it is the responsibility of the taxing
authorities to meet the requirements of the law and certify a levy to the Board. Commissioner
Kirkmeyer moved to approve the certification of tax levies and revenue for 2011 and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
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CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - EL CENTENARIO NIGHT CLUB, INC., DBA EL CENTENARIO
NIGHT CLUB: Bruce Barker, County Attorney, stated the Board recently approved the liquor license for
this establishment and this is an application for a dance license, and he recommended approval of the
application. Commissioner Conway moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
CRS 59 AND 124 AND AUTHORIZE CHAIR TO SIGN - EOG RESOURCES, INC.: Janet Carter,
Department of Public Works, stated EOG Resources, Inc., petitioned the Department for the use of the
right-of-way on County Road 59, which travels north and south and is located south of County
Road 124. She stated the Section Line is adjacent to two (2) property owners; the State, and Meader
Ranch, Inc., which has a lease agreement with EOG Resources, Inc., for a well on the property. She
stated no letters of opposition have been received regarding the matter. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 68.5 BETWEEN THE OFF-SETS OF CR 13: Ms. Carter
stated said closure will commence January 3, 2011, through March 4, 2011, in order to replace a
bridge. She stated the detour route is entirely paved; therefore, no dust abatement will be necessary,
and the average daily traffic count for County Road 68.5 is 1,235 vehicles, according to a traffic count
taken in the year 2008. She stated road signs and barricades will be used throughout the closure. In
response to Chair Rademacher, Ms. Carter indicated the bridge is over a drainage canal, and this is the
best time of the year to complete the project. Commissioner Conway moved to approve said temporary
closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 7 AND 9.5: Ms. Carter stated said
closure will commence January 3, 2011, through January 21, 2011, in order to replace a 48-inch
corrugated metal irrigation pipe. She stated the detour route is paved and the average daily traffic
count on County Road 28 is 268 vehicles, according to a traffic count taken in the year 2010. She
indicated the Department is in the process of upgrading County Road 28 to a magnesium-treated road,
or potentially a RAP (Recycled Asphalt Product) road; therefore, the Department is trying to complete
basic repairs to the road before spring, when the upgrade will commence. In response to Chair
Rademacher, Ms. Carter indicated there has been no progress with the Waterfront development and it
is difficult to know whether the area will be developed, based on the recent economy, yet the road
needs to be upgraded; therefore, the Department chose not to wait for a developer to upgrade the road.
Further responding to Chair Rademacher, Ms. Carter indicated there is a request for a traffic count on
County Road 28, west of Interstate 25, in January, 2011, and it will be scheduled after school is back in
session, in order to obtain a more accurate traffic count. In response to Commissioner Kirkmeyer,
Ms. Carter stated there is not an off-site improvements agreement in place with Waterfront because it is
not far enough into the process to determine whether it will be responsible for the road. She stated
Waterfront began the Change of Zone process and submitted a sketch plan; however, nothing has
progressed past that point. Chair Rademacher indicated he does not foresee the development
progressing over the next 10 years. Commissioner Kirkmeyer moved to approve said temporary
closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 61 BETWEEN CR 50 AND U.S. HIGHWAY 34:
Ms. Carter stated said closure will commence January 3, 2011, through January 7, 2011, in order to
replace an irrigation culvert. She stated water will be used for dust control on the gravel portions of the
detour route, and the average daily traffic count for County Road 61 is 75 vehicles, according to a traffic
count completed in the year 2008. She stated a 54-inch corrugated metal pipe is being replaced with a
Minutes, December 20, 2010 2010-3001
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48-inch corrugated metal pipe, and road signs and barricades will be used throughout the closure.
Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Conway,
the motion carried unanimously.
CONSIDER AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES
AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC.: Mr. Barker indicated this agreement is
for a gravel mine being created on a property owned by Tim and Jeanne Iverson, located north of
F Street, and the County has a trail which travels from a dog park, around the Iversons' driveway, and
through an easement next to a fence on the Iversons' property; however, there is a ditch in between
where the gravel mining will occur and the trail. He stated the Division of Minerals and Geology
requires permitees to obtain consent from the adjacent property owners, and the Board approved this
type of agreement for a mine on the Parsons' property. He recommended approval of the agreement.
Commissioner Kirkmeyer moved to approve said agreement. Commissioner Long seconded the
motion, which carried unanimously.
CONSIDER SEISMIC MINERAL PERMIT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
GEOKINETICS USA, INC.: Mr. Barker indicated this is a seismic mineral permit agreement for
minerals owned by the County and there will be no payment for the permit, since the County is not the
surface owner. In response to Commissioner Kirkmeyer, Mr. Barker confirmed the County receives
$5.00 per acre when it has surface interests, which is the current going rate. Commissioner Kirkmeyer
indicated the current going rate for these permits is $7.50 per acre. Responding to Commissioner
Kirkmeyer, Mr. Barker reiterated mineral owners do not receive a payment for the permits; however, the
County's consent is requested. He stated he will request $7.50 per acre on the next permit agreement
that he processes where the County is the surface owner. In response to Chair Rademacher,
Mr. Barker stated these permit agreements are typically for parcels of land varying from one (1) to
five (5) acres in size. Commissioner Long moved to approve said agreement and authorize the Chair
to sign. Commissioner Kirkmeyer seconded the motion, and she directed Mr. Barker to request the
current going rate when he receives the next seismic permit agreement for property the County owns.
CONSIDER APPOINTMENT OF WELD COUNTY CORONER/MEDICAL EXAMINER: Commissioner
Conway moved to appoint Dr. James Wilkerson as the Weld County Coroner/Medical Examiner,
effective January 1, 2011. Commissioner Kirkmeyer seconded the motion.
In response to Commissioner Kirkmeyer, Monica Mika, Director of Finance and Administration,
indicated the appointment will not have a negative impact on the existing contract or cause any
changes to it, and Cyndy Giauque, Assistant County Attorney, previously reviewed and amended the
contract. There being no further discussion, the motion carried unanimously.
FINAL READING OF CODE ORDINANCE #2010-10, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Commissioner Kirkmeyer moved to read Ordinance #2010-10 by title only. Commissioner
Conway seconded the motion, which carried unanimously. Mr. Barker read the Ordinance into the
record by title, and he indicated there are no changes for the final reading. In response to
Commissioner Kirkmeyer, Mr. Barker confirmed this Ordinance addresses toasters and space heaters
in the work place. Chair Rademacher gave the opportunity for public testimony; however, none was
provided. Commissioner Long moved to approve Ordinance #2010-10, on final reading.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2010-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read Ordinance #2010-11 by title only.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance
Minutes, December 20, 2010 2010-3001
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into the record by title, and he indicated there are no changes for the final reading. Chair Rademacher
provided the opportunity for public testimony; however, none was given. Commissioner Conway
moved to approve Ordinance #2010-11, on final reading. Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2010-10 and #2010-11 were 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 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
��..` WELD COUNTY
11. '4 a, �
ATTEST:
o •I.s Radem- her hair
Weld County Clerk to the Board ir.s1 - 452
' arbara Kirkmeyer, Pro-Tem
BY: t tAn = I► /)De. Clerk o;the Board -�
1
Sean Conwwayay
EXCUSED
Wi 'am F. Garcia
Cokt
David E. Long
Minutes, December 20, 2010 2010-3001
Page 9 BC0016
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