HomeMy WebLinkAbout20091246.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 27, 2009
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 27, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of May 20, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on May 20, 2009, as follows: 1) USR #1684 - Zapien Bros. Concrete, Inc.; and
2) USR #1693 - Katherine O'Keefe, c/o Michael O'Keefe. Commissioner Rademacher 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
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PRESENTATIONS:
GREELEY INDEPENDENCE STAMPEDE PROCLAMATION FOR 2009: Mark Reinert, General Chairman,
Greeley Independence Stampede, read the proclamation into the record, recognizing Weld County for its
support of the Greeley Independence Stampede and proclaiming July 2, 2009, as Weld County Day at the
Greeley Independence Stampede. Chair Garcia thanked Mr. Reinert for the proclamation.
RECOGNITION OF SERVICES, SHERIFF'S OFFICE - JOHN CHRISMAN: Chair Garcia read the
certificate into the record, recognizing John Chrisman for 30 years of service with the Weld County
Sheriff's Office.
John Cooke, Sheriff, stated Mr. Chrisman worked 20 years in the patrol division as a field evidence
technician and he transferred to the jail in 1999. Mr. Cooke stated Mr. Chrisman is a talented
photographer and a steady, hard working employee, and he is proud of Mr. Chrisman's dedication to the
Sheriff's Office and the community.
Mr. Chrisman expressed his appreciation for the time he spent working for the Sheriffs Office.
Chair Garcia wished Mr. Chrisman good luck with his future endeavors
Commissioner Rademacher stated it is amazing when an individual is able to survive in the public safety
field for 30 years because it is a largely thankless and difficult job. He congratulated Mr. Chrisman and
wished him luck.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he and Commissioner
Kirkmeyer attended the City of Dacono Council meeting last night and the Council expressed it's
appreciation for the Board's support regarding County Road 13. He stated he also represented the Board
at the Veteran's Ceremony at Linn Grove Cemetery last night and presented the County Memorial Day
Proclamation.
Chair Garcia stated he attended the Memorial Event at Sunset Memorial Gardens the day before Memorial
Day and presented the County Memorial Day Proclamation.
BIDS:
PRESENT BID #B0900102, EMERGENCY PAGING SYSTEM -DISPATCH E-911 - DEPARTMENT OF
FINANCE AND WELD COUNTY REGIONAL COMMUNICATIONS CENTER: Monica Mika, Director of
Administrative Services, stated said bid will be presented for approval on June 15, 2009, and the bid is to
purchase replacement equipment. Commissioner Rademacher inquired as to the large disparity between
the bid amounts. Ms. Mika stated the disparity will be specifically addressed when the bid is presented for
approval and the apparent low bid has additional fees associated with it.
PRESENT BID #B0900112, AGGREGATE CRUSHING AT FISCUS GRAVEL PIT - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika stated said bid will be presented for approval on June 15, 2009, the
Department is performing a cost comparison between conducting the activity internally and awarding the
bid to a contractor, and the bid is for 130,000 tons of crushing material.
APPROVE BID #B007-09, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE: Ms. Mika thanked
Esther Gesick, Deputy Clerk to the Board, for her diligent efforts regarding this bid. She stated the low bid
is from the Greeley Tribune; however, the bid was awarded to this company the previous year and it
resulted in numerous complaints and inconsistent service quality; therefore, the next lowest bid from the
Windsor Beacon, in the amount of $10,305.12, is recommended.
Minutes, May 27, 2009 2009-1246
Page 2 BC0016
Commissioner Conway stated the documentation indicates there is $8,000.00 in credit and inquired if the
County will be pursuing reimbursement of the amount. Ms. Mika indicated Ms. Gesick has been working
on the matter and will continue to do so. Chair Garcia thanked Ms. Gesick for her efforts regarding the
matter. Commissioner Rademacher moved to approve said bid, in the amount of $10,305.12, from the
Windsor Beacon, as recommended by staff. Seconded by Commissioner Long, the motion carried
unanimously.
APPROVE BID #60900105, CR 29 CEMENT/MODIFIED SOIL - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated the low bid, in the amount of $98,426.50, from Mountain Constructors is recommended,
and the County has worked with the company before and been satisfied with the quality of work provided.
Commissioner Long moved to approve said low bid, in the amount of $98,426.50, from Mountain
Constructors, as recommended by staff. Seconded by Commissioner Conway, the motion carried
unanimously.
APPROVE BID #60900116, EMERGENCY GENERATORS #2 - DEPARTMENT OF FINANCE: Roy
Rudisill, Office of Emergency Management, stated the bid is for the generators to be purchased with the
funds from the grant awarded by the Department of Local Affairs (DOLA). Mr. Rudisill stated Grainger
submitted the low bid for the 80 kilowatt (Kw) and 45 Kw generators and the 400 Amp transfer switch, in
the amount of $48,811.02, and acceptance of the bid is recommended. He stated the bid from Colorado
Standby for the 150 Kw generator and the 2600 Amp transfer switch, in the amount of $68,101.00, is also
recommended for approval. He explained Colorado Standby did not submit the low bid; however, the low
bid did not meet the bid specifications and the Town of Windsor's needs.
Commissioner Rademacher inquired if the Town of Windsor is not receiving a siren due to the cost of the
generator. Mr. Rudisill stated the Town of Windsor chose not to receive a siren.
Commissioner Long stated the Town of New Raimer expressed a 45 Kw generator may work; however,
the Town preferred a 60 Kw generator. He explained he had encouraged the Town to ask for the minimum
needed in order to stay within the confines of the budget; however, since there are remaining funds
available, he would like the Town of New Raymer to be awarded a 60 Kw generator. Mr. Rudisill stated
another bid process will need to occur in order to obtain the 60 Kw generator for New Raymer.
Commissioner Long stated he would like to see another bid process take place so the Town of New
Raymer may obtain a 60 Kw generator. In response to Commissioner Long, Mr. Rudisill stated the Board
may approve the generators for the other communities, and rebid the generator needed for the Town of
New Raymer.
In response to Commissioner Kirkmeyer, Mr. Rudisill stated the transfer switches are included in the
generator bids.
In response to Commissioner Long, Mr. Rudisill stated he will have the representatives for the vendors
conduct site visits to ensure the site needs will be met.
Commissioner Long moved to approve the bid from Grainger for the 80 Kw generator and the bid from
Colorado Standby for the 150 Kw generator and transfer switch, and to reject the bid from Grainger for the
45 Kw generator. Commissioner Conway seconded the motion. Commissioner Kirkmeyer stated through
her experience with regional grants, she is aware many generators are back ordered, and since there is
an existing bid for a 60 Kw generator, perhaps the Board should approve it. In response to Commissioner
Kirkmeyer, Mr. Rudisill stated there has been a bid submitted for a 60 Kw generator; however, it does not
have the necessary voltage. Commissioner Kirkmeyer inquired as to if the generator for New Raymer
needs to be rebid. Ms. Mika stated staff should be able to use the existing bids to obtain the correct
generator. Commissioner Kirkmeyer stated Commissioner Long's intent is to provide the best generator
Minutes, May 27, 2009 2009-1246
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for the area; however, it is also important to place an order immediately. Commissioner Rademacher
suggested approving the bid for the 60KW generator.
Ms. Mika stated due to the additional funding provided by DOLA, the City of Evans will be able to
participate in the siren bid.
Commissioner Long rescinded his previous motion and moved to approve the bids for the 80 Kw generator,
the 60 Kw generator, the 150 Kw generator, and the transfer switches, from Grainger and Colorado
Standby, respectively, with the understanding that a 60 Kw generator with the correct voltage will be able
to be obtained for the Town of New Raymer, and, if the correct generator cannot be obtained for the Town
of New Raymer, to not include the bid for the 60 Kw generator and to begin the bid process anew for the
60 Kw generator. Commissioner Conway seconded the motion. Commissioner Kirkmeyer thanked
everyone involved in the process and she stated the additional grant funds will allow the Town of LaSalle
to receive a siren, and the County is striving to provide sirens for all of the communities in the Highway 85
Corridor. There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER STANDARD FORMS FOR AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT
SERVICES AND ADDENDUMS THERETO BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS, AND RATIFY CERTAIN AGREEMENTS PREVIOUSLY
SIGNED BY THE CHAIR: Bruce Barker, County Attorney, stated this and the following item are regarding
standard forms. Mr. Barker stated an agreement was approved by the State in February, commencing
March 1, 2009, through June 30, 2009, and subsequently addendums to the agreement were received by
the County. He explained typically the standard form of the agreement is approved by the Board and used
for all of the other providers; however, in this case, the Board did not approve the standard form; therefore,
the Board may today approve the standard form for the agreement, commencing March 1, 2009, through
June 30, 2009, and the addendums for a one-year period, commencing July 1, 2009, through
June 30, 2009. Commissioner Long moved to approve said standard forms and addendums, and ratify
certain agreements previously signed by the Chair. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER STANDARD FORMS FOR INDIVIDUAL PROVIDER CONTRACT FOR PURPOSE OF
FOSTER CARE SERVICES AND FOSTER CARE FACILITY AGREEMENT AND ADDENDUM THERETO
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS:
Mr. Barker stated this item concerns the standard forms for agreements and subsequent addendums, as
the last item did, with a term commencing July 1, 2009, through June 30, 2010. Commissioner
Rademacher moved to approve said standard forms and addendums. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER ADDENDUM TO AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT SERVICES
FOR THERAPEUTIC RESIDENTIAL CHILD CARE FACILITY SERVICES AND RESIDENTIAL CHILD
CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN - SHILOH HOUSE: Mr. Barker stated
this and the following item are two agreements specific to particular providers and the addendums will
extend both agreements for terms commencing July 1, 2009, through June 30, 2010. Commissioner
Conway moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER ADDENDUM TO AGREEMENT TO PURCHASE OUT -OF -HOME PLACEMENT SERVICES
FOR THERAPEUTIC RESIDENTIAL CHILD CARE FACILITY SERVICES AND RESIDENTIAL CHILD
CARE FACILITY SERVICES AND AUTHORIZE CHAIR TO SIGN - REFLECTIONS FOR YOUTH, INC.:
Minutes, May 27, 2009 2009-1246
Page 4 BC0016
Based on the previous discussion, Commissioner Long moved to approve said addendum and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #1 FOR THE NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and Environment,
stated the Department offers a nurse to low-income, first-time mothers and their children. Dr. Wallace
stated the Program is funded by Medicaid and Tobacco Settlement Funds and there have been proposed
changes to the Medicaid reimbursement rates discussed in recent work sessions. He submitted a revised
memorandum and version of Paragraph 19 into the record, marked Exhibit A, and stated the new language
effectively communicates the Department's intent regarding the Program to the State. He further stated
the State recognizes the Department's concerns and understands it wishes to keep the Program in its
entirety, and between the Medicaid rates and Tobacco Settlement Funds, the Program will remain whole.
He stated the term of the amendment is July 1, 2009, through June 30, 2010, for an amount not to exceed
$545,633.00. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to
sign. Commissioner Conway seconded the motion. Commissioner Kirkmeyer thanked Dr. Wallace and
Mr. Barker for their work to revise the language to meet the Board's standards; however, if the State does
not execute the contract with the revised language, staff will have to resubmit the contract with new
language. Dr. Wallace concurred. There being no further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 70 BETWEEN CRS 43 AND 45: Janet Carter, Department
of Public Works, stated the closure will commence June 1, 2009, through June 12, 2009, for the purpose
of replacing a bridge deck. Ms. Carter stated barricades and road signs will be used, and water will be
used for dust control on the portions of the detour route which are not paved. She stated the average daily
traffic count on County Road 70 is 153 vehicles, according to a traffic count taken in 2008. Commissioner
Rademacher inquired if the bridge travels over an irrigation canal.
Wayne Howard, Department of Public Works, stated the existing deck will be removed and replaced;
however, flowing water will not affect the construction.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 19 AND 21: Ms. Carter stated the
closure will commence May 26, 2009, through May 29, 2009, for the purpose of replacing a collapsed
culvert. She stated the average daily traffic count on County Road 28 is 142 vehicles, according to a 2006
traffic count. She stated the detour route is entirely paved; therefore, there is no need for dust abatement
measures, and road signs and barricades will be used to advise drivers of the closure. Commissioner
Long moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - LIND LAND COMPANY, INC.: Leon
Sievers, Department of Public Works, stated this is the third parcel out of five the County is acquiring for
the joint venture project with Larimer County on County Road 13. Mr. Sievers stated the property is
located east of County Road 13 and south of County Road 62. He stated the County is acquiring 0.094
acres of right-of-way for $1,880.00, according to an appraisal report prepared by Messick Bowes.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING CONVEYANCE OF EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - THOMAS AND SHERRI FRANK:
Minutes, May 27, 2009 2009-1246
Page 5 BC0016
Mr. Sievers stated this is the fourth parcel out five for the same Project as the last item, and the property
is located east of County Road 13 and north of County Road 60. He stated the County is purchasing 0.17
acres of permanent easement for $1,700.00, based on appraisal an report prepared by Messick Bowes.
He further stated the County will also reimburse the landowner for $1,110.00 for the cost of replacing a
fence, for a total compensation in the amount of $2,810.00. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 29 (71ST AVENUE) AND AUTHORIZE CHAIR TO SIGN - AGGREGATE
INDUSTRIES - WCR, INC.: Mr. Sievers stated this the third and final parcel for the joint project with the
City of Greeley, and the parcel is located on the west side of 71st Avenue and one -quarter mile south of
O Street. He stated the County is acquiring 0.362 acres of right-of-way for $6,155.00, based on
comparable sales in the area. He further stated the County is also acquiring 0.246 acres of temporary
construction easement for $809.00, for a total compensation in the amount of $6,964.00. Chair Garcia
inquired as to why the right-of-way compensation was determined using comparable land sales since it
is typically appraised in these types of situations. Mr. Sievers explained the land was recently purchased;
therefore, an appraisal did not seem necessary. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER MASTER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE
CHAIR TO SIGN: Doug Erler, Community Corrections, stated this is a five-year master contract with the
Division of Criminal Justice for the ongoing provision of community corrections services, and there are no
concerns regarding the contract, which has been reviewed by the County Attorney and the Department
of Finance. Commissioner Conway moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE PROGRAM AND AUTHORIZE CHAIR
TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: JoAnn Holden, District
Attorney's Office, stated this is the contract for the VALE grant which the Victim Assistance Program at
the District Attorney's Office receives each year, and more money has been awarded this year than last
year. Ms. Holden stated there are no matching County funds required for the acceptance of the grant
award. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CONDUCTING GENERAL ELECTION ON NOVEMBER 3, 2009, BY MAIL BALLOT
ELECTION: Steve Moreno, Clerk and Recorder, stated a work session was previously conducted to
discuss the matter; however, it is his responsibility to present the reasons for conducting a mail ballot
election. Mr. Moreno stated the residents of Weld County have moved toward using mail ballots, and there
are 56,000 permanent mail voters registered in the database. He stated according to State statute, the
Clerk and Recorder has the opportunity to conduct a mail ballot election on odd years. He stated in
addition to the growing number of people electing to use mail ballots, there has been turmoil with the touch
screen voting machines, which may be decertified by the State as of July 1, 2009. Mr. Moreno stated mail
ballots also minimize costs since fewer election judges are needed. Commissioner Conway stated he
attended the Clerk and Recorder's meeting with all of the municipal clerks and the mail ballots were
discussed at this time and near unanimous support was expressed by the municipal clerks to have the mail
ballot election this year. He commended Steve Moreno for his communication with the clerks and involving
them in the decision process. Mr. Moreno stated 22 of the 31 municipalities invited to the meeting had
representatives in attendance and all of the representatives were in favor of coordinating with the County
to conduct a mail ballot election. In response to Chair Garcia, Mr. Moreno reiterated mail ballot elections
Minutes, May 27, 2009 2009-1246
Page 6 BC0016
may occur only for odd year elections. Commissioner Conway moved to approve the Resolution to
conduct said election November 3, 2009, by mail ballot election. Commissioner Kirkmeyer seconded the
motion. Chair Garcia stated he is in favor of the mail ballot election because of the cost savings even
though he enjoys voting in person. Commissioner Conway commended Steve Moreno for his leadership
regarding the mail ballot election. In response to Commissioner Conway, Mr. Moreno stated in the last
general election 70 percent of the voters either voted by mail ballot or voted early. Commissioner Conway
stated he expects a higher percentage of participation in the election due to the mail ballot process. There
being no further discussion, the motion carried unanimously.
CONSIDER FORM OF 2009 MASTER VERSION OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS: Mr. Barker stated this is the standard agreement for municipalities and
special districts to enter into in order to participate in the coordinated general election. Commissioner
Rademacher moved to approve said Form of 2009 Master Version of Memorandum of Intergovernmental
Agreement for Conduct of General Elections and authorize Chair to sign. Commissioner Conway
seconded the motion.
In response to Commissioner Kirkmeyer, Mr. Moreno stated the process of calculating the cost per person
is complicated; however, the County has a very reasonable in fee of $1.00 per person. He stated the fee
will not cover the cost of the election.
In response to Commissioner Conway, Mr. Moreno stated some of the other counties are calculating costs
which should not be included in the fee, for example, staff who would already be working, and there is
some discussion as to whether the State statute should address how much the Counties may charge. He
stated in comparison to Larimer County, Weld County's fee is half of the amount. In response to
Commissioner Conway, Mr. Moreno said there has not been an increase to Weld County's fee in a number
of years.
Responding to Commissioner Conway, Don Warden, Director of the Department of Finance and
Administration, stated the fee was $1.00 prior to 1996, then in 1996 it was lowered to 75 cents, and it
remained 75 cents for approximately 13 years. Mr. Moreno stated it is difficult to calculate the budget
because the County does not know which municipalities want to coordinate with it at this time and the more
municipalities that choose to coordinate with the County, the more the cost may be lowered. He stated
the school districts are mandated to coordinate with the County for a school board election; however, none
of the other municipalities are mandated to coordinate with the County. Commissioner Kirkmeyer stated
it is financially a good deal for the municipalities to coordinate with the County, especially for the smaller
municipalities. There being no further discussion, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR CATERING SERVICES FOR WELD COUNTY
BARBEQUE AND AUTHORIZE CHAIR TO SIGN - CARLSON BBQ SPECIALITIES: Mr. Barker stated
the Memorandum of Understanding is for the purpose of Carlson BBQ Specialities catering a lunch on
Sunday, August 2, 2009, as a part of the Fair, for $1,750.00. In response to Commissioner Rademacher,
Commissioner Kirkmeyer stated there is a charge to the people participating in the barbeque and the
proceeds go to the Fair. Commissioner Rademacher moved to approve said Memorandum of
Understanding and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-6, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read said Ordinance by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Mr. Barker read said title into the record and
Minutes, May 27, 2009 2009-1246
Page 7 BC0016
stated the Ordinance makes some changes to the law enforcement fees; certain fees and penalties for
traffic offenses will be increased and a couple of fees will be decreased. He stated there have been no
changes to the Ordinance since the second reading. There was no public testimony. Commissioner
Kirkmeyer moved to approve Ordinance #2009-6 on final reading. Seconded by Commissioner Conway,
the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#369 -
LANOGA CORPORATION, DBA UNITED BUILDING CENTER: Kim Ogle, Department of Planning
Services, stated staff performed a site investigation on May 1, 2009, to verify the transportation and
non -transportation items are in compliance, and determined the necessary steps have been satisfactorily
completed; therefore, the full release of collateral is recommended. Commissioner Long moved to approve
said cancellation and release of collateral for SPR #369. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #308 -
JOHN HEFFLEY: Mr. Ogle stated the site has been annexed by the Town of Mead; therefore, Weld
County no longer has jurisdiction regarding the matter and staff recommends the full release of the
collateral. Chair Garcia inquired if the collateral is typically returned to the applicant or given to the
annexing entity. Mr. Ogle stated the money is typically returned to the applicant. In response to Chair
Garcia, Mr. Barker stated in recent improvements agreements, when staff has been aware the property
is going to be annexed, a provision has been included which specifies the applicant will still be obligated
to make the improvements and the collateral needs to be arranged with the appropriate municipality. Mr.
Barker stated he does not believe the provision was included in this agreement and there is no way to
transfer the collateral; it is the responsibility of the municipality to ensure collateral arrangements are made.
In response to Chair Garcia, Mr. Barker stated even if the County requires that arrangements be made with
the municipality, it is the responsibility of the municipality to ensure it is done. In response to
Commissioner Conway, Mr. Barker stated in most cases improvements and collateral matters are covered
in the annexation agreements. Commissioner Conway moved to approve said cancellation and release
of collateral for SPR #308. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance 2009-6 was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, May 27, 2009 2009-1246
Page 8 BC0016
There being no further business, this meeting was adjourned at 10:06 a.m.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy - erk to the Board
BOARD OF COUNTY MMISSIONERS
WE ■ T , ii�RADO
Minutes, May 27, 2009 2009-1246
Page 9 BC0016
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