HomeMy WebLinkAbout20081987.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 16, 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, July 16, 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-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 14, 2008, as printed. Commissioner Rademacher 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden stated he serves on the Board
of Directors for the Upstate Colorado Economic Development, along with Commissioner Jerke, and it was
recently announced that Weld County is 25th in the nation of top communities for business growth and
prosperity. He indicated the Greeley Tribune recently published an article regarding the announcement,
and overall, the national economy has not been well; however, the economy is prospering within Weld
County. He further indicated Weld County was first in economic development and job growth within the
State of Colorado the previous year, and first in the nation for wage growth within the previous five years.
He clarified businesses are still locating and conducting business within Weld County, and the economy
here is not as"gloom and doom"as many people think. Chair Jerke concurred that Weld County is a good
place to live.
2008-1987
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,866,959.64
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
APPROVE CIVILIAN VEHICLES BID - SHERIFF'S OFFICE: Barb Connolly, Controller, stated it is
necessary to replace two civilian vehicles, and she indicated three of the six bids received did not meet the
required specifications. She indicated the low bid from Dellenbach Motors was for model year 2008
in-stock vehicles; however, the vehicles have been sold, therefore, staff recommends accepting the bid
from Dellenbach Motors for model year 2009 vehicles, which must be ordered. She indicated the total
amount of the bid is $40,736.00. In response to Chair Jerke, Ms. Connolly stated civilian vehicles are
utilized by the Sheriff and the Bureau Chief to perform the duties of their positions, as well as by detectives
and civil process servers. Mr. Warden clarified it is necessary to replace the vehicles due to the hail
damage experienced during the recent tornado within the Town of Windsor. Commissioner Rademacher
moved to approve said bid, based upon staff's recommendation. Seconded by Commissioner Masden,
the motion carried unanimously.
CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE - N1/2NE1/4 AND SW1/4NE1/4, S34, T5N,
R63W: Mr. Warden read the legal description of the 120-acre parcel into the record, and indicated three
bids were received. He stated Bonanza Creek Energy submitted the high bid, in the amount of$3,100.00
per acre, for a total amount of$372,000.00. He further stated bids were submitted by Lone Tree Energy,
in the amount of $700.00 per acre, and by Contex Energy, in the amount of $250.00 per acre. He
indicated the companies with the top two bids may participate in the auction, or any company submitting
a bid within 10 percent of the high bid, therefore, Bonanza Creek Energy and Lone Tree Energy may
participate in the auction today. Responding to Mr. Warden, a representative from Lone Tree Energy
indicated he did not wish to participate. Mr. Warden stated the lease will be awarded to Bonanza Creek
Energy, in the amount of $3,100.00 per acre, for an overall total of $372,010.00. Responding to Chair
Jerke, Mr. Warden confirmed Weld County will retain ownership of the mineral rights, and will receive a
royalty interest, in the amount of 20 percent, on all oil and gas produced. Commissioner Masden moved
to approve said oil and gas lease, and authorize the Chair to sign. Seconded by Commissioner Garcia,
the motion carried unanimously.
OLD BUSINESS:
CONSIDER SUSPENSION OF RETAIL FOOD ESTABLISHMENT LICENSE - ARMADILLO
RESTAURANT: Dan Joseph, Department of Public Health and Environment, stated the Department
conducted an inspection over the lunch hour on Monday, July 14, 2008, and no critical violations were
observed during the inspection. He stated the establishment still has some outstanding non-critical
violations to address, and he requested that a deadline be set by which the establishment must have all
of the non-critical violations corrected. He indicated overall the facility is in much better shape; however,
several spots on floors and walls needs to be patched, and the grease trap outside of the facility needs
a thorough cleaning. Responding to Chair Jerke, Mr. Joseph confirmed fifteen employees attended a
training session hosted by the Department on Tuesday, July 15, 2008,which was approximately 2.5 hours
in length. He indicated all of the employees took a test at the end of the training session, which was
difficult for the Spanish-speaking employees; however, all employees were able to understand all of the
concepts presented through the training. He further indicated, in the future, the Spanish-speaking
employees may attend a class presented in Spanish so that the employees are able to completely
understand the test provided. In response to Commissioner Masden, Mr. Joseph confirmed that all critical
Minutes, July 16, 2008 2008-1987
Page 2 BC0016
violations have been addressed, equipment was operating at proper temperature levels, and employees
were following regulations during the recent site visit. He further stated he expects the remaining items
of non-compliance will be corrected within the next two to four weeks, and some of the repairs have
already been scheduled to be completed this week.
Jerry Schott, manager of the Armadillo Restaurant, stated he has scheduled a pressure washing for the
grease trap, and Coca-Cola will be providing some service configurations of the dispensers. He stated
the necessary tiles will be repaired Wednesday night, in conjunction with the necessary wall patching. He
further stated the dishwasher has been re-calibrated, a recycling system has been setup through a
different contractor for grease removal service, and Coca-Cola will most likely be able to complete all the
remaining work by the end of next week. Responding to Commissioner Masden, Mr. Schott indicated he
believes all of the non-critical items of non-compliance will be corrected within the time frame provided by
Mr. Joseph. Commissioner Rademacher expressed his desire for the Department to complete a follow-up
inspection within the next two weeks. Mr. Joseph indicated once all of the improvements are completed,
the Department will complete an additional inspection to review the recent modifications to the
establishment, and to ensure no further critical violations are occurring.
In response to Chair Jerke, Mr. Joseph indicated the Department recommends that the remainder of the
suspension period be held in abeyance, allowing the establishment to operate until the next inspection is
completed, at which time a final progress report will be given to the Board. He indicated if the final
progress report indicates full compliance, the Department will recommend that the matter be dismissed
at that time. He clarified the next inspection will be not be scheduled for an exact date, but rather, will be
an un-announced inspection.
No public testimony was provided regarding the matter. In response to Chair Jerke, Commissioner
Rademacher indicated the Department shall complete an inspection within the next 30 days, and then
notify the Board whether further action is necessary. He indicated he believes the establishment has
worked hard to address all of the items of non-compliance, and he concurs with the staff recommendation.
Chair Jerke indicated he understands that the establishment must wait on the contractor's availability to
complete some of the necessary improvements, therefore, he believes a period of 30 days is adequate.
In response to Commissioner Rademacher, Mr. Barker recommended that a formal progress report be
presented to the Board during a regularly scheduled Board meeting, at which time, if there are no
outstanding issues of compliance, the matter may be dismissed. Commissioner Masden stated he
believes the establishment has addressed the critical issues of non-compliance to the point where the
health, safety, and welfare of the public is no longer at risk. He stated the Department of Public Health
and Environment has been vigilant to work with the establishment, and he believes the rest of the
non-critical issues may be addressed within the next 30 days. He made a motion to hold the remaining
six (6) days of the suspension in abeyance, for a period of one (1) month, until a final progress report is
provided from the Department of Public Health and Environment during the Board meeting scheduled on
August 18, 2008, at 9:00 a.m. Commissioner Rademacher seconded the motion. Commissioner Garcia
expressed his appreciation to Mr. Schott for working quickly to address the issues of non-compliance, and
indicated he looks forward to the improvements to be completed at the establishment. There being no
further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER CONTINUATION APPLICATION FOR COLORADO PREVENTION PARTNERS STRATEGIC
PREVENTION FRAMEWORK STATE INCENTIVE GRANT AND AUTHORIZE CHAIR TO SIGN: Judy
Griego, Director, Department of Human Services, stated the Department is requesting approval of the
application for a continuation grant on behalf of the Interagency Oversight Group, which provides the
oversight of the project, and North Range Behavioral Health (NRBH), the program administrator. She
clarified the Department of Human Services acts as the fiscal agent for NRBH for this grant. She stated
Minutes, July 16, 2008 2008-1987
Page 3 BC0016
the goal of the program is to reduce substance abuse within Weld County, using a multi-tiered approach,
and she clarified the prevention program primarily focuses on preventing school-aged youth from becoming
involved in substance abuse. She further stated funds,in the amount of$183,876.56,will be utilized during
the time period of September 30, 2008, through September 29, 2009. In response to Commissioner
Rademacher, Ms. Griego confirmed the program will be presented to all Weld County school districts.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-BRIDLE
CREEK, LLC: Leon Sievers, Department of Public Works, stated the agreement, in conjunction with the
County Road 13 Strategic Road Improvements Project, is a follow-up agreement to reimburse the
landowner for the cost of removal and replacement of an existing irrigation system. He indicated this item
for reimbursement was not included in the original negotiations with the landowner, and it was previously
determined that the County's contractor would provide the necessary work; however, the applicant is able
to perform the required work for an amount less than charged by the contractor. He indicated the total
amount of reimbursement to the landowner is $10,300.00. In response to Chair Jerke, Mr. Sievers
indicated the property is located south of State Highway 52, on the east side of County Road 13. He
further stated one more agreement for this project will be coming forth for Board approval. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign any necessary documents.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR USE OF WELD COUNTY PROPERTY FOR STORAGE AND
AUTHORIZE CHAIR TO SIGN - HAMLIN ELECTRIC COMPANY: Mr. Barker stated the agreement
authorizes Hamlin Electric Company, the company restoring the power lines within the vicinity of the Town
of Windsor in conjunction with Poudre Valley REA, to utilize Weld County property for storage. He
indicated Toby Taylor, Director, Department of Buildings and Grounds, arranged the agreement with the
electric company, and in consideration for the use of storage space, the company has agreed to remove
several power lines located on County property, at no cost to the County. In response to Commissioner
Rademacher, Mr. Barker confirmed the company will utilize space at the Weld County Missile Park for
storage, and this agreement is not contrary to the agreement already in place with the Armed Forces. He
clarified the agreement has not been set up as a lease, rather, it is an agreement indicating the company
may store materials on County property during the time frame necessary to complete work within the area.
Further responding to Commissioner Rademacher, Mr. Barker indicated the agreement ends on
October 31, 2008, at which time the company is expected to have completed all necessary work. In
response to Chair Jerke, Mr. Warden clarified the County holds the deed to the Missile Site Park; however,
the Department of Interior has placed conditions on the uses allowed,and he confirmed the temporary use
will not present a concern. Responding to Commissioner Garcia, Mr. Barker indicated the items to be
stored will be large pieces of equipment, therefore, the items will not be stored within the silo. He further
stated the company has provided adequate insurance coverage, which indemnifies the County.
Commissioner Rademacher moved to approve said agreement 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 - RLF, INC., DBA C J'S LIQUORS: Mr. Barker stated the Sheriffs Office has indicated
no concerns with the establishment, therefore, approval is recommended. In response to Chair Jerke,
Mr. Barker indicated the establishment is located near the City of Longmont. Commissioner Rademacher
moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
Minutes, July 16, 2008 2008-1987
Page 4 BC0016
CONSIDER PROFESSIONAL SERVICE AGREEMENT FOR RODEO PERFORMANCE AND AUTHORIZE
CHAIR TO SIGN - WILD WEST CATTLE, LLLP: Mr. Barker stated the agreement provides for a rodeo
performance for the upcoming Weld County Fair. He stated the Weld County Fair Board has approved
two performances,to be considered today,and two other agreements will be considered by the Board next
week. He stated Wild West Cattle, LLLP, will provide a rodeo performance, including providing all
necessary equipment, animals, and staff. He further stated a portion of the amount collected by the
company for the rodeo activity will be donated back to the Fair Board, and he recommended approval of
the agreement. In response to Chair Jerke, Mr. Barker confirmed the rodeo will be a one-time event, held
in the evening hours on August 1, 2008. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT FOR DRAFT HORSE SHOW AND PULL AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO DRAFT HORSE ASSOCIATION: Mr. Barker
stated the agreement is similar to the previous item of business; however, the event will take place on
August 3, 2008. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Garcia. In response to Commissioner Rademacher,
Mr. Barker confirmed the contractor is required to provide proof of the necessary insurance. There being
no further discussion, the motion carried unanimously.
CONSIDER APPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner Long
moved to appoint Colleen Anthony to the Child Protection Citizen Review Panel, with a term to expire
March 4, 2011. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT
COLLATERAL FOR PUD FINAL PLAN, PF #1129 - THE HOME RANCH, LLC: Chris Gathman,
Department of Planning Services, stated staff has received an Improvements Agreement, in conjunction
with collateral in the amount of$332,651.52, for PUD Final Plan, PF#1129. He stated the improvements
to be completed at the site total $312,742.30; however, the landscaping items were omitted from the
amount, therefore, the Department recommends retaining the additional collateral, in the amount of
$19,909.22, as collateral for the landscaping improvements. He clarified he contacted the applicant, who
indicated it was acceptable to accept the additional amount of funds for the landscaping requirements.
Don Dunker, Department of Public Works, indicated the Department is also agreeable with retaining the
additional amount. Commissioner Masden moved to approve said agreement,authorize the Chair to sign,
and accept said collateral. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 16, 2008 2008-1987
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
JELA,, WELD COUNTY, COLORADO
i�Iatdiri
ATTEST:
""--2,17)- 61/
Iasi (' (�� 4. Wi ' m H. Jerke, Chair
Weld County Clerk to the Bard
(7, t` fi
Robert D. den, P -Tem
BY: I��1 L/G/. 2��7%✓i?�4
Deputy Clerk ! he board
. Garcia
0,ti, CC 41
David E. Long
ce" Co y�Le-�
DouglaiR emac r
Minutes, July 16, 2008 2008-19.87
Page 6 BC0016
Hello