Loading...
HomeMy WebLinkAbout20090130.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 12, 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, January 12, 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 F. Garcia, Chair Commissioner Douglas Rademacher, Pro -Tern 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 January 7, 2009, as printed. Commissioner Long seconded the motion, and it 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 Conway seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT FULL-SIZED PATROL VEHICLES BID - SHERIFF'S OFFICE: Monica Mika, Director of the Department of Administrative Services, stated all of the following bids will be presented for approval on January 26, 2009. Ms. Mika stated the first bid is for four full-sized patrol vehicles, and Spradley-Barr Greeley and Perkins Motor City Dodge submitted bids. In response to Commissioner Rademacher, Ms. Mika stated the total is the amount for all four of the vehicles. Responding to Commissioner Conway, Ms. Mika stated the total amount submitted by Spradley-Barr Greeley is $85,918.40, which is the low bid and it is for four 2009 Ford Crown Victorias, and she advised the Board that the paper copies of the bids are much easier to read than the scanned pages. (Clerk's Note: All of the bids presented on this date will be considered for approval on January 28, 2008, rather than on January 26, 2008, due to a scheduling conflict.) 2009-0130 BC0016 O.;- mot PRESENT MID -SIZED PATROL VEHICLES BID - SHERIFF'S OFFICE: Ms. Mika stated Champion Chevrolet and Perkins Motor City Dodge submitted bids for four mid -sized patrol vehicles. Responding to Commissioner Rademacher, Ms. Mika stated staff requested that the vendors submit bids for both 2009 and 2008 vehicles, if the vendor had vehicles from both years in stock; however, there were no 2008 vehicles available. Don Warden, Director of Finance and Administration, stated patrol vehicles are manufactured for only a short period of time each year and it is difficult to obtain them if the County does not secure them early in the bid process. Responding to Commissioner Rademacher, Ms. Mika stated Ford and GMC vehicles were also researched and those dealerships did not have any 2008 patrol vehicles available. In response to Commissioner Kirkmeyer, Ms. Mika stated the County was able to secure lower bids than the State on these particular vehicles; however, the State obtained more competitive bids on some of the other vehicles being presented today. PRESENT 4X4 SUV VEHICLES BID - SHERIFF'S OFFICE (COMMANDERS): Ms. Mika read the names of the five vendors that submitted a bid into the record, and stated the low bid is from Pro Chrysler Jeep for three 2009 Jeep Grand Cherokees, in the amount of $73,098.00. In response to Commissioner Garcia, who stated there is quite a bit of difference between the Grand Cherokee and Ford Expedition models, Ms. Mika stated the Sheriffs Office will determine if the Grand Cherokee will be able to meet its needs. PRESENT 4X4 SUV VEHICLES BID - SHERIFF'S OFFICE (INVESTIGATIONS): Ms. Mika read the names of the four vendors that submitted a bid into the record, and stated the low bid is from Pro Chrysler Jeep for a 2009 Jeep Grand Cherokee, in the amount of $24,366.00. PRESENT 4X2 SUV VEHICLES BID - SHERIFF'S OFFICE (K-9 OPERATIONS): Ms. Mika read the names of the five vendors that submitted a bid into the record, and stated the low bid is from Pro Chrysler Jeep for two 2009 Jeep Grand Cherokees, in the amount of $43,866.40. PRESENT TRANSPORT VAN FOR PRISONERS BID - SHERIFF'S OFFICE: Ms. Mika stated Spradley-Barr Greeley and Weld County Garage submitted bids, and Spradley-Barr Greeley submitted the low bid for a 2009 Ford S31, in the amount of $24,768.00. PRESENT CIVILIAN VEHICLES BID - SHERIFF'S OFFICE: Ms. Mika stated Champion Chevrolet, Inc., and Perkins Motor City Dodge submitted bids, and the low bid was submitted from Champion Chevrolet, Inc., for six 2009 Chevrolet Impalas, in the amount of $110,340.00; however, they rescinded the bid. She stated under the State bid the cost for the six vehicles from Champion Chevrolet, Inc., is in the amount of $119,226.00; however, Champion Chevrolet, Inc., offered the State bid price and an additional discount for Weld County, for a total bid amount of $113,580.00. In response to Commissioner Conway, Ms. Mika stated the reason the original bid was rescinded is because the incorrect bid amount was listed due to a typographical error. Responding to Chair Jerke, Ms. Mika explained two of the numbers were transposed in the original bid paperwork. In response to Commissioner Rademacher, Mr. Warden stated these vehicles will be used by civil process servers and they may also be used by investigators who require the use of unmarked vehicles. PRESENT 3/4 TON 4X4 EXTENDED CAB PICKUP WITH TOWING PACKAGE BID - SHERIFF'S OFFICE: Ms. Mika read the names of the four vendors that submitted a bid into the record, and stated the low bid if from Spradley-Barr Greeley for a 2009 Ford F-250, in the amount of $24,698.95. In response to Commissioner Kirkmeyer, Ken Poncelow, Weld County Sheriff's Office, stated the vehicle is needed for occasions when travel is required during inclement weather; for off -road assignments, including animal control matters; and to be able to tow trailers with emergency supplies for the Office of Emergency Management, and trailers which display the speed at which vehicles are traveling. Minutes, January 12, 2009 2009-0130 Page 2 BC0016 PRESENT 1/2 TON 4X4 EXTENDED CAB COMPACT SHORT BOX PICKUP BID - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika read the names of the four vendors that submitted a bid into the record, and stated the low bid is from Spradley-Barr Greeley for three 2009 Ford Rangers, in the amount of $53,364.00. PRESENT 4X4 EXTENDED CAB SMALL PICKUP BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the three vendors that submitted a bid into the record, and stated the low bid is from Spradley-Barr Greeley for a 2009 Ford Ranger, in the amount of $17,263.00. PRESENT SUV OR CROSSOVER SMALL VEHICLE BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the five vendors that submitted a bid into the record, and stated the low bid is from Pro Chrysler Jeep for a 2009 Jeep Patriot, in the amount of $18,359.00. PRESENT 4X4 FULL SIZE REGULAR CAB BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the four vendors that submitted a bid into the record, and stated the low bid is from Spradley-Barr Greeley for a 2009 Ford F-150, in the amount of $21,702.00. PRESENT 4X4 SHORT BED EXTENDED CAB BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the four vendors that submitted a bid into the record, and stated the low bid is from Champion Chevrolet for two 2009 Chevy Silverados, in the amount of $47,340.00. PRESENT 4X4 CREW CAB PICKUP BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the six vendors that submitted a bid into the record and stated Rush Medium Duty Truck Center submitted the low bid for a 2009 Ford F-150, in the amount of $23,825.00. In response to Commissioner Conway, Ms. Mika stated she will present more details, including the horsepower of the vehicles, when she presents the bids for approval. (Clerk's Note: It was later clarified the low bid is for a 2009 Ford F-250, rather than a Ford F-150) PRESENT TANDEM TRUCK WITH TANK BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the five vendors that submitted a bid into the record, and stated the low bid is from Transwest Trucks for a 2010 FTL M2-112, in the amount of $164,702.00. PRESENT 4X4 CAB AND CHASSIS BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the seven vendors who submitted a bid into the record, and stated the low bid is from Champion Chryser-Jeep-Dodge for two 2009 Dodge Rams, in the amount of $63,256.00. PRESENT TRENCH PLATE VIBRATORY COMPACTOR BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated one vendor submitted a bid, Power Equipment Company, in the amount of $15,808.33. She stated staff is researching if there are any potential State bids available to purchase comparable equipment, and staff was unable to find any in its preliminary research; however, it will continue to investigate the matter until the bid is presented for approval. PRESENT CONCRETE PULVERIZER ATTACHMENT BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated this is the same situation as the last bid, Power Equipment Company submitted the only bid, in the amount of $66,262.00, and staff is researching additional resources. PRESENT WELDING GENERATOR BID - DEPARTMENT OF PUBLIC WORKS: Ms. Mika read the names of the six vendors that submitted a bid into the record, and stated KD Technologies, LTD, submitted the low bid for a 2009 Lincoln Vantage 400 K-2410-3, in the amount of $11,041.42. In response to Commissioner Rademacher, Mr. Warden stated all of the vehicles and equipment presented have been figured into the 2009 budget. Further responding to Commissioner Rademacher, Mr. Warden explained Minutes, January 12, 2009 2009-0130 Page 3 BC0016 one year twice as many vehicles as usual were purchased for the Sheriff's office, based on availability from the manufactures; therefore, many of the vehicles are requiring replacement at the same time. In response to Commissioner Conway, Mr. Warden stated most of the vehicles damaged by hail were covered by the County's self -insured policy, in the amount of $125,000.00, and there were two vehicles which the County decided not to repair. Further responding to Commissioner Conway, Mr. Warden stated patrol vehicles are typically replaced every three years. In response to Commissioner Kirkmeyer, Mr. Warden stated the vehicles usually have at least 100,000 miles on them before they are replaced; therefore, cars used by the District Attorneys and process servers will likely be used for a longer period of time than a patrol vehicle. OLD BUSINESS: CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - ALFRED AND CAROLINE LOPEZ, DBA EL VAQUERO (CON'T FROM 12/29/08): Bruce Barker, County Attorney, stated this matter was continued to allow a representative from the Department of Public Health and Environment to inform the Board about the establishment's food service license. Dan Joseph , Department of Public Health and Environment, stated he conducted an inspection at the establishment on December 30, 2008, and some of the previously documented violations were corrected and others were not; therefore, follow-up visits will be required and civil penalties will be applied. He stated there were also seven new critical violations observed during the most recent inspection. In response to Chair Garcia, Mr. Joseph stated the new violations observed included moldy food, plumbing issues, dented cans, soap and paper towels not being readily available at the hand washing sinks, and evidence of rodent infestation. Mr. Joseph stated a repeat violation which was observed is food being washed in the hand washing sinks instead of the food preparation sinks. In response to Chair Garcia, Bruce Barker, County Attorney, stated a requirement for the liquor license is that the establishment possess a food service license; however, there is nothing stating the food service operations must be without problems. Mr. Barker stated technically the establishment is in compliance, in respect to the liquor license; however, if the food service license is revoked it will affect the establishment's liquor license status. Responding to Commissioner Rademacher, Mr. Barker stated the establishment will not automatically have its liquor license revoked if the food service license is revoked; however, the establishment will be required to come before the Board regarding the matter. In response to Chair Garcia, Mr. Joseph stated most of the violations which were observed were corrected at the time of the inspection and most of the violations which were observed in previous inspections have been corrected. Mr. Joseph stated the establishment is working hard to bring the establishment into compliance and he is hopeful that the newest violations will be corrected before the next inspection is conducted. In response to Commissioner Conway, Mr. Joseph reiterated only one of the violations observed in the earlier inspections was observed at the most recent inspection and it was using the hand washing sink to clean some chiles, rather than the food preparation sink, and he is convinced the establishment is working diligently to correct the remaining violations. Commissioner Rademacher stated he feels comfortable moving forward with the renewal since the Sheriff's Office has no issues with it, and he moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Ken Poncelow, Sheriff's Office, stated the Department has no concerns regarding this establishment. Commissioner Long moved to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO LCR 1/WCR 13 AND AUTHORIZE CHAIR TO SIGN - LARIMER COUNTY: Wayne Howard, Department of Public Works, stated this is an intergovernmental agreement between the Weld and Larimer Counties Minutes, January 12, 2009 2009-0130 Page 4 BC0016 for improvements to a County Line Road, which is County Road 1 in Larimer County and County Road 13 in Weld County. Mr. Howard stated the long term maintenance is divided between the two jurisdictions on any County Line road, and the costs are shared for capital improvement projects to the road. He stated the project will cover 1.5 miles of roadway, beginning at County Road 62 and continuing for 1.5 miles south, and it does not connect to U.S. Highway 34, since the first one-half mile of roadway, which is located north of U.S. Highway 34, is under the jurisdiction of the Town of Johnstown, due to a recent annexation. He further stated the current intergovernmental agreement, which is in place, is for an amount of 1.75 million dollars. Mr. Howard stated Larimer County will perform the design and construction administration for the project, since it is responsible for maintaining this section of the road. He stated the projected is currently in the design phase, the right-of-way is being purchased, and the project is estimated to begin in the middle of the summer, pending right-of-way acquisition; therefore, Leon Sievers, Department of Public Works, will present right-of-way acquisition proposals to the Board within the next month or two and Larimer County will be following the same process for its section of roadway. In response to Commissioner Rademacher, Mr. Howard stated he has had three conversations with the Town of Johnstown regarding improving its section of the roadway; however, it does not look as though the Town is able to fund the project at this time. Commissioner Conway inquired if there are any imminent domain issues at this juncture. Mr. Howard stated there are currently no imminent domain issues related to the project and the surrounding landowners are in favor of the project; however, due to the high cost of the necessary right-of-way, the County is only purchasing the amount of right-of-way which is needed to build two lanes and six feet of area for the road shoulders. He stated the County will eventually require 140 feet of roadway width. In response to Commissioner Kirkmeyer, Mr. Howard stated there will be one-half mile of gravel roadway on County Road 13, north of U.S. Highway 34. Commissioner Kirkmeyer stated she does not see any collaboration with the Town of Johnstown regarding the 1.5 miles of roadway to be paved to ensure the roadway plans are in line with any future plans the Town may have for the section of roadway which is in its jurisdiction. Mr. Howard stated Larimer County designed the roadway for the one-half mile in the Town of Johnstown's jurisdiction, with the hope there may be money available from the Town of Johnstown by the time construction commences. Commissioner Kirkmeyer inquired if the Town of Johnstown has had the opportunity to review the plans. Mr. Howard stated the plans are not yet available for review; however, the Town of Johnstown is in support of the concept of constructing twelve -foot lanes with six-foot shoulders. Commissioner Kirkmeyer stated it is important that the Town of Johnstown is in support of the construction plans in order to ensure the Town's section of roadway matches up appropriately with the rest of the road when the Town is able to improve its section of the roadway. Commissioner Kirkmeyer inquired if the County has approached the Town of Johnstown regarding applying for an energy impact grant and using matching County funds. Mr. Warden stated the concept was proposed to the Board; however, the Board was hesitant to do so due to a previous experience with the City of Dacono, in which the City failed to participate in a project for County Road 13. Responding to Commissioner Kirkmeyer, Mr. Warden stated the Board directed him not to pursue the matter and Commissioner Rademacher was particularly opposed to the idea. Commissioner Rademacher stated he does not want to see the same situation occur as with the City of Dacono. Commissioner Kirkmeyer stated she understands Commissioner Rademacher's concern; however, the money the County is providing towards the project may be used to match grant funds obtained by the Town of Johnstown and the County could enter into an intergovernmental agreement with the Town of Johnstown. Commissioner Rademacher expressed his support for investigating the grant. Commissioner Kirkmeyer stated it is a viable option considering the time frame of the project, since the Town of Johnstown may apply for a grant prior to April 1, 2009, and hopefully be awarded grant funds in July, 2009. Mr. Howard stated the Town of Johnstown indicated it is applying for energy impact funds for other projects and it is not applying for a grant for this section of roadway; however, perhaps the Town will be willing to reconsider. Commissioner Kirkmeyer stated she believes it will behoove the Board to discuss the matter with the Mayor and the Town Manager for the Town of Johnstown and to encourage the Town to pursue the grant funds. She stated perhaps it was not sufficiently explained that the County funds, in the amount of nearly $900,000.00, may be used as a match for the Town of Johnstown. She stated, if possible, it makes sense to complete the Minutes, January 12, 2009 2009-0130 Page 5 BC0016 entire two mile -section of roadway at the same time. In response to Chair Garcia, Commissioner Kirkmeyer stated she is in favor of a work session to further discuss the matter. In response to Mr. Warden, Mr. Howard explained Johnstown annexed the road due to a proposed development, in which the developer planned to maintain the road; however, the developer backed out due to the poor economy. Mr. Howard stated now the Town of Johnstown may pursue deannexation of the road or hope another developer will come forward and complete the improvements to the roadway. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AT INTERSECTION OF CR 9.5 AND SH 66 AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION: Mr. Howard stated the contract will permit the Colorado Department of Transportation (CDOT) to place a traffic signal at the intersection of County Road 9.5 and State Highway 66 for the 1-25 Project. He stated improvements were made to County Road 9.5 by Weld County and the Town of Mead approximately one year ago, and there was a plan to install a traffic signal; however, CDOT regulations require that a warrant be met before a signal may be placed on a State Highway and a signal warrant could not be justified at the time. He stated the road was opened up and a signal warrant analysis was applied for, at which time, the analysis indicated a signal warrant was justified; therefore, CDOT will permit a traffic signal to be installed on the road. Mr. Howard stated CDOT is available to contract for the installation of the traffic signal and the cost will be $323,253.39. He stated the supplemental addendum to the County's intergovernmental agreement with the Town of Mead specifies funds will be reserved from the original project to place the traffic signal on the road when necessary; therefore, a portion of the reserved funds will be used for the installation of the traffic signal and the remaining amount of the reserved funds will be divided between the County and the Town of Mead for future road maintenance costs. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN SH 392 AND CR 66: Janet Carter, Department of Public Works, stated the closure is required to replace a bridge and the closure will be for a period from January 19, 2009, through May 12, 2009. Ms. Carter stated there is approximately two miles of gravel roadway on the detour route and magnesium chloride will be used for dust abatement. She stated the average daily traffic count for County Road 27 is 778 vehicles, according to a 2006 traffic study, and Highway Technologies will perform the traffic control services for the closure. Commissioner Rademacher stated he has a problem with the timing of the project and would prefer the closure to occur during the fall and winter, rather than into the spring season. Ms. Carter stated she is not sure why staff chose this time of year to begin the project. Responding to Commissioner Rademacher, Mr. Howard stated this project is the result of a federal bridge grant and it took approximately a year and a half to have the design, right-of-way, and utilities cleared. He stated since it is a canal project, staff needs to perform the work at a time when no water is present in the canal; therefore, it is the Department's goal to complete the project prior to April, 2009, when the canal will be filled with water. He further stated he intends to complete the foundation prior to April, 2009; however, the Department may finish the paving and the deck at a later date, if desired. Commissioner Rademacher stated it is not necessary to delay any of the project and he is satisfied with Mr. Howard's explanation regarding the timing of the project since the bridge is for an irrigation canal. Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR13 BETWEEN CRS 54 AND 56: Ms. Carter stated the closure is for the replacement of a bridge and the period of the closure will be January 19, 2009, through June 15, 2009. She stated one mile of the detour route will be gravel roadway and magnesium chloride or water will be used for dust abatement. She stated the average daily traffic count for County Road 13 is 255 vehicles, according to a 2007 traffic study, and the traffic control services for the closure will be Minutes, January 12, 2009 2009-0130 Page 6 BC0016 performed by Flatiron Constructors. Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DECLARATION OF CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE REMOVAL OF SAME FROM INVENTORY.LIST: Barb Connolly, Controller, stated the equipment being referred to is a County pick-up truck, which was in an accident, and the insurance company has declared the vehicle totaled; therefore, staff intends to sell the vehicle for salvage. Commissioner Conway moved to declare certain equipment as surplus property and authorize removal of same from the inventory list. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER DECLARATION OF CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE SALE OF SAME TO FORT MORGAN AMBULANCE SERVICES AND NORTHERN COLORADO RETAC: Ms. Connolly stated the equipment being referred to is the cots for the ambulances, and twelve new cots have been purchased this year. She stated Stryker Medical, the company from which the cots were purchased, will purchase the used cots back from the County; however, Northern Colorado RETAC and the Fort Morgan Ambulance Service are willing to purchase the used cots at same price as Styker Medical pays for them, and Stryker Medical is in favor of the sales to Northern Colorado RETAC and the Fort Morgan Ambulance Service because it saves them the trip to pick up the equipment. Commissioner Conway moved to declare certain equipment as surplus property and authorize the sale of the same. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER ELIMINATION OF CHANGE FUND IN DEPARTMENT OF HUMAN SERVICES: Ms. Connolly stated the Departments of Social Services and Human Services each had a change fund prior to merging, and it has been determined one fund is sufficient; therefore, staff wishes to eliminate the change fund for the Department of Human Services. Commissioner Conway moved to eliminate the change fund in the Department of Human Services. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER INCREASE TO CHANGE FUNDS AT SOUTHWEST AND SOUTHEAST BRANCH OFFICES FOR THE OFFICE OF THE CLERK AND RECORDER: Ms. Connolly stated this request is for the Motor Vehicles Division of the Clerk and Recorder's Office, at the Southwest and Southeast Branch Offices. She explained Steve Moreno, Clerk and Recorder, has indicated the change fund has not been sufficient for the locations mentioned on a number of occasions. Commissioner Rademacher moved to increase the change funds at the Southwest and Southeast Branch Offices for the Office of the Clerk and Recorder. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER DECLARATION OF CERTAIN PROPERTY AS SURPLUS, APPROVE VARIOUS DOCUMENTS FOR PURCHASE OF PROPERTY, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - WELD COUNTY SCHOOL DISTRICT NO. 6: Mr. Barker stated this is a modular which is located on Weld County School District 6 property; however, the County owns the modular. He stated the modular has been used by the County for Head Start services, and the School District is willing to purchase the modular for the amount of $15,000.00. Commissioner Kirkmeyer stated the Bill of Sale lists the cost of the modular as one dollar, rather than $15,000.00, in one place. Mr. Barker stated he will correct the error. Commissioner Conway moved to approve said declaration of certain property as surplus, approve various documents for purchase of property, and authorize Chair to sign necessary documents. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE ADVISORY BOARD: Commissioner Kirkmeyer moved to appoint Dave Bressler and to reappoint Gary Sandau to the 911 Emergency Telephone Service Advisory Board. Commissioner Conway seconded the motion, which carried unanimously. Minutes, January 12, 2009 2009-0130 Page 7 BC0016 CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF TRUSTEES FOR NCMC: Commissioner Kirkmeyer moved to appoint Ehren Hunter, to replace Larry James, and to reappoint Robert Noffsinger to the Board of Trustees for NCMC. Commissioner Conway seconded the motion, which carried unanimously. FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE: Commissioner Long moved to read Ordinance #2009-1 by title only. Seconded by Commissioner Rademacher, the motion carried unanimously. Mr. Barker read the Ordinance into the record. Ms. Mika stated there has been no input from any citizens or staff regarding any of the changes from the first or second readings, and there are no changes being proposed for final reading. Chair Garcia stated a work session was conducted by the Board regarding the Ordinance. There was no public testimony. Commissioner Conway moved to approve Ordinance #2009-1 on final reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SHILOH ESTATES, AMENDED PLANNED UNIT DEVELOPMENT FINAL PLAN, AMPF#354-JAMES AND CHERI SCOTT: Brad Mueller, Department of Planning Services, stated the release of collateral is requested for Shiloh Estates, which is a 17 -lot subdivision, and it is located north of the Town of Windsor on County Road 72 and one-half mile east of Highway 275. Mr. Mueller stated the application was the first amendment to the subdivision and it created three additional lots, and it was approved approximately two years ago. He stated the approved lots have subsequently been created and recorded, and the remaining collateral, in the amount of $13,815.90, which was retained for the final warranty period of one year, is now recommended for release by the Departments of Planning Services and Public Works. Commissioner Conway moved to approve said cancellation and release of collateral. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1099 - SOARING SKIES VENTURES, LLC: Mr. Mueller stated the request is for an extension of the submittal of Site Development Plan and Planned Unit Development Final Plan, PF #1099. He stated the Sorrel Ridge Subdivision is a 9 -lot subdivision located near Severance, east of County Road 15, and 1/4 mile north of County Road 84, and it is approximately 54 acres in size. He stated the application was approved approximately two years ago; however, due to poor economic conditions, the owners are requesting an extension and the Board has the discretion to allow for extensions of the deadline. In response to Commissioner Rademacher, Mr. Mueller stated this is the second extension request that has been made for this subdivision, and the Weld County Code permits the Board to grant each extension for a one-year period of time. Responding to Commissioner Conway, Mr. Mueller stated the proposed time frame for the extension is October 20, 2009, which is exactly two years from when the application was initially approved. In response to Commissioner Rademacher, Mr. Mueller stated this type of request is fairly routine and, typically, one to two extensions have been granted to applicants; however, these requests may become much more prevalent than in the past, given the current housing market. Mr. Mueller stated if a request is not approved for extension, the applicant must immediately record the final plan and there are a large number of conditions they must meet, including paying fees to the local school districts and providing collateral for the final design, which the applicants in this situation are likely unable to do; therefore, the subdivision development would likely be abandoned. He further stated given the time and effort that the applicants invest into the subdivision process, it would be a punitive action for the land owners, and though he would not recommend extending the process indefinitely, a second, or even a third, year of extension seems to be a reasonable request. In response to Commissioner Rademacher, Mr. Mueller stated he is unsure if the Board has ever granted an extension three times; however, he will research the matter. Commissioner Kirkmeyer stated it is past Minutes, January 12, 2009 2009-0130 Page 8 BC0016 the deadline by nearly three months. Mr. Mueller stated the applicants submitted the request in early October; however, the Department has been struggling to keep up with the workload. Commissioner Rademacher moved to approve said extension of submittal for a period of one year, until October 20, 2009. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1102 - TRINITY PROPERTIES, LP: Mr. Mueller stated this request is similar in nature to the previous item; however, the circumstances and the location are different. He stated the subdivision is located near the Town of Briggsdale, which is not a high growth area; it is a larger subdivision, consisting of 17 lots; and it is a unique type of subdivision, called a Cluster PUD. He stated he is aware of only one Cluster PUD that has been recorded in Weld County and this will be the second, if recorded, and the Cluster PUDs follow allowances under State Statute which give the land owner the option of dedicating two thirds of the site as open space and being able to build higher density development on the remainder of the site. Mr. Mueller stated the site consists of 300 acres and it is located north of County Road 70 and east of County Road 61. He stated the owners of the subdivision are in a similar situation as the last applicants regarding the economy and they are requesting a one-year extension. In response to Commissioner Kirkmeyer, Mr. Mueller stated staff is requesting a one-year extension, not the three-year extension the applicant would prefer, based on previous discussions with the Board, in which the Board expressed it is not comfortable granting an extension for a period longer than one year. Commissioner Rademacher moved to approve said extension of submittal for one year, until October 13, 2009. Seconded by Commissioner Conway, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance #2009-1 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. There being no further business, this meeting was adjourned at 10:08 a.m. ATTEST: Weld County Clerk to the BY: / Deputy Cler the Board David E. Long BOARD OF COU N COMMISSIONERS WELD CpUNTj LORADO Dougl• Rade acher, Pro-Tem Sean P. Conway Ala ara Kirkmeyer, Coc Minutes, January 12, 2009 2009-0130 BC0016 Page 9 Hello