HomeMy WebLinkAbout20080996.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 2, 2008
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, April 2, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of March 31, 2008, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added New Item of Business #9) Consider Appointment of
Wayne Howard and David Bauer, As County Engineers
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, FAIR BOARD-BOB GORMAN: Chair Jerke read the certificate into the
record, recognizing Bob Gorman for two years of service on the Weld County Fair Board.
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - RICK WETMORE,
MICHAEL ROURKE: Chair Jerke read the certificates into the record, recognizing Rick Wetmore and
Michael Rourke for their service on the Juvenile Community Review Board.
2008-0996
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RECOGNITION OF SERVICES, AREA AGENCY ON AGING ADVISORY BOARD - MICHELLE
HERNANDEZ ADLER, BETTY JONES, ALBERTO ARRIESSEQ: Chair Jerke read the certificates into
the record, recognizing Michelle Hernandez Adler, Betty Jones, and Alberto Arriesseq for their service on
the Area Agency on Aging Advisory Board. Mr. Arriesseq was present to receive his certificate.
Commissioner Long stated Mr. Arriesseq's involvement has been invaluable to the County and the
community, and he appreciates his investments.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,505,339.23
Electronic Transfers - All Funds $277,819.67
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Garcia
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE 2008 AGGREGATE SUPPLY BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Warden read the names of the five vendors that submitted a bid into the record. He read the
explanation of the bid provided by Pat Persichino, Director, Department of Public Works, into the record,
stating Weld County will require only a portion of the actual bid for 2008, and new construction will require
approximately 10,000 tons of Class 6 and 10,000 tons of RAP. He stated the low bids for both the Class 6,
at $4.95, and the Rap, at $4.95, were submitted by Aggregate Industries. In response to Chair Jerke,
Mr. Warden stated the lowest rates are recommended rather than the lowest cumulative totals since the
County is in possession of certain materials obtained during previous years. Dean Dreher, Department
of Public Works, stated many of the materials the County has stockpiled are not conducive to road
construction, as they are not stable enough. He explained the materials being purchased will be used for
the construction of paved roads. In response to Chair Jerke, Mr. Dreher stated the stored materials will
be depleted this year and then the County will begin purchasing more materials from the private industry,
since it is less expensive than making the materials within the Department. Commissioner Rademacher
moved to approve the low bids from Aggregate Industries, based on staff's recommendation. Seconded
by Commissioner Garcia, the motion carried unanimously.
APPROVE MOW-HERBICIDAL BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden read the names
of the three vendors into the record that submitted a bid. He stated due to the importance of timely
mowing and spraying for effective weed control, two vendors are awarded each bid when possible. He
explained the first contractor listed is the low bid and will be the primary contractor; however, if the primary
contractor is unavailable, the alternate contractor will be utilized, which will be the next lowest bidder.
Mr. Warden stated it is recommended that the Mowing part of the bid, for both Class I and Class II, be
awarded to Custom Services of Colorado; that the Herbicidal Applications, for Class I, be awarded to
August Services, Inc., as the primary vendor, and Paratex Colorado, Inc., as the alternate vendor; that
August Services, Inc. be awarded the bid for Class IV as the primary vendor and Paratex Colorado, Inc.
as the alternate vendor; and that August Services, Inc. be awarded the bid as the Class V primary vendor.
In response to Chair Jerke, Tina Booton, Department of Public Works, stated staff is now able to remedy
some of the problems with trees in County river bottoms which consume a lot of water. Commissioner
Long moved to award the different portions of the bid as recommended by staff, to the respective primary
and alternate vendors. Seconded by Commissioner Garcia, the motion carried unanimously.
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Page 2 BC0016
OLD BUSINESS:
CONSIDER AMENDMENT TO BYLAWS FOR WELD COUNTY REGIONAL COMMUNICATIONS
ADVISORY BOARD (CON'T FROM 3/26/08): Mr. Warden stated last week this item was continued in
order to determine if removing the District Attorney from the Regional Communications Advisory Board
would affect the law enforcement representative requirement adversely. He stated the Board may wish
to refer this matter back to the Regional Communications Advisory Board to determine if expansion should
occur, for example, increasing the amount of law enforcement representatives to two per region. Chair
Jerke stated anyone taxed should have representation on this Board. Bruce Barker, County Attorney,
concurred and recommended continuing the item for approximately thirty days to allow the Regional
Communications Advisory Board the chance to review the matter and submit its determinations.
Commissioner Rademacher moved to continue the matter to May 7, 2008, upon staff's recommendation.
Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 61 BETWEEN CRS 70 AND 74: Leon Sievers, Department
of Public Works, stated the road is being closed to replace a culvert, and road signs and barricades will
be placed on the road. Mr. Sievers stated there will be a four mile detour on gravel roads and water will
be used for dust abatement. He stated the average daily traffic count is 150 vehicles. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT,GRANT OF PERMANENT EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 2 AND AUTHORIZE
CHAIR TO SIGN ANY NECESSARY DOCUMENTS-MOUNTAIN STATES LINE CONSTRUCTORS JACT
BUILDING CORPORATION: Mr. Sievers stated this is the third of twelve parcels being acquired for the
Rural County Road 2 Project. He stated the parcel is located on the north side of County Road 2,
approximately one half mile east of County Road 39. He further stated the County is acquiring 2,000
square feet of temporary construction easement for$300.00,and 500 square feet of permanent easement
for $500.00. Mr. Sievers stated the County will also reimburse the land owner $1,400.00 for the
replacement of a fence, for a total compensation of $2,200.00. Commissioner Long moved to approve
said agreement and easements, and authorize the Chair to sign any necessary documents. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 2 AND
AUTHORIZE CHAIR TO SIGN - WADE AND BETH SPECHT: Mr. Sievers stated this is the fourth of
twelve parcels being acquired for the Rural County Road 2 Project, and the parcel is located north of
County Road 2 and approximately one-half mile west of County Road 45. He stated the County is
acquiring 1,000 square feet of temporary construction easement for$300.00, and there are no other costs.
Commissioner Garcia moved to approve said easement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT,GRANT OF PERMANENT EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO COUNTY ROAD 74 AND
AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - STEPHEN AND JOANN CECIL:
Mr. Sievers stated this is the only parcel the County needs to acquire for the County Road 74 Project, and
the property is located on the north and south sides of County Road 74 and is east of County Road 59.
He stated the County is acquiring 5,146 square feet of temporary construction easement for$300.00, and
2,680 square feet of permanent construction easement for $500.00. He further stated the County will
reimburse $112.50 for fence removal, for a total compensation of$912.50. Commissioner Rademacher
moved to approve said agreement and easements, and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, April 2, 2008 2008-0996
Page 3 BC0016
CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR RIGHT-OF-WAY ON CR 47.5 AND
AUTHORIZE CHAIR TO SIGN - WILLIAM AND LENNA JOHNSON: Mr. Sievers stated there is no
documented existing right-of-way on this property; however, the County is maintaining the existing road.
He explained when the applicant began the Recorded Exemption application process, the oversight was
discovered, and the applicant is providing this deed of dedication at no cost to the County. Mr. Sievers
stated it is approximately 0.094 acres of rural right-of-way being donated. In response to Chair Jerke,
Mr. Sievers stated the property is not on a section line, it is on a half section line, and it was initially
constructed by an oil company which needed access to the area. He further stated in the 1980's the
School Board requested that the County maintain the road for the school bus use, and the County has
maintained the road since this time; however, there is no documentation. In response to Chair Jerke,
Mr. Sievers stated this situation is different from other situations where property owners maintain the road.
In response to Commissioner Rademacher, Mr. Sievers stated there are six residences along the road.
He stated the County only maintains a portion of the road and other parts are maintained by property
owners and oil companies. In response to Mr. Warden, Mr. Sievers stated he believes there is still a
school bus utilizing this portion of road. Commissioner Rademacher moved to accept said deed of
dedication and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - DEWEY'S BAR AND GRILL, LLC, DBA DEWEY'S BAR AND GRILL: Mr. Barker stated the
application is complete and no concerns have been reported by the Sheriff's Office. Commissioner Long
moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - DOROTHY ZITEK, DBA HEREFORD PACKAGE LIQUOR: Mr. Barker stated the
application is complete and there are no concerns from the Sheriff's Office. Commissioner Long moved
to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION FOR COUNTY
ROAD 7 AND 48 PROJECT AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director, Department of
Administration, stated the application is for construction on 1.5 miles of roadway on County Roads 7
and 48, and the total project cost is 1.3 million. She stated the County is requesting $500,000.00 from the
Energy and Mineral Impact Assistance funds. In response to Commissioner Rademacher, Ms. Mika stated
the funds will allow the roads to be paved. Further responding to Commissioner Rademacher, Ms. Mika
stated the paving will occur on County Road 48, to County 60, and on County Road 7, to the Johnstown
city limits. Commissioner Rademacher moved to approve said application and authorize Chair to sign.
Commissioner Garcia seconded the motion. In response to Chair Jerke, Ms. Mika stated the reason the
County is applying for this particular grant is because a long-term application is not appropriate for the
intensity of use on these roads. Further responding to Chair Jerke, Ms. Mika stated Johnstown has
indicated it does not plan to annex the road. In response to Commissioner Rademacher, Ms. Mika stated
County Road 7 is about one-half mile shy of the Johnstown city limits. There being no further discussion,
the motion carried unanimously.
CONSIDER APPOINTMENT OF WAYNE HOWARD AND DAVID BAUER, AS COUNTY ENGINEERS:
Mr. Warden stated the Home Rule Charter requires appointment of a professional engineer; however, the
Board may organize the division of engineering responsibilities how it chooses. He stated it is
recommended that Wayne Howard be appointed as the County Engineer for Engineering Design Project
Management and as the Surveyor, and it is recommended that David Bauer be appointed as the County
Minutes, April 2, 2008 2008-0996
Page 4 BC0016
Engineer for Development. In response to Chair Jerke, Mr. Barker stated the Charter only specifies
appointing a minimum of one County Engineer; however,the Board has the flexibility to appoint more than
one. Mr. Warden stated the Charter specifies since the County does not have a Surveyor, a County
Engineer must be appointed as a Surveyor. Commissioner Rademacher moved to approve said
appointments. Commissioner Garcia seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: ' � �
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� t w�; - ham H. Jerke, Chair
Weld County Clerk to the Board a F
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f Robe D. n, Pro-Tem
BY: E//774—e4
Deputy Clerk to the Board
Wil • m F. Garcia
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Davi E. Long
Dougl Rade cher
Minutes, April 2, 2008 2008-0996
Page 5 BC0016
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