HomeMy WebLinkAbout20081728.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 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, June 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 9, 2008, as printed. Commissioner Masden seconded the motion, and
it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinances #2008-6 and
#2008-7 by tape. Commissioner Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Manuel Martinez, Attorney, stated he represents Community Education Centers(CEC),
and he submitted a letter from CEC, dated June 16, 2008, marked Exhibit A, requesting that the Board
reconsider the action taken on June 4, 2008, regarding the approval of a bid proposal from Intervention
Community Corrections Services(ICCS). He indicated he is requesting reconsideration of the matter orally
at today's meeting, in conjunction with the written request provided. In response to Chair Jerke, Bruce
Barker, County Attorney, stated a member of the Board which voted in favor of the previous motion, which
was unanimous with four Commissioners present, may move to reconsider the motion made on that date.
Chair Jerke indicated he is under the impression that a request for reconsideration must happen at the next
scheduled Board meeting. Mr. Barker clarified Robert's Rules indicate that reconsideration of a matter
must happen the next time the governing body meets. He indicated he was under the impression that the
matter was considered on Monday, June 9, 2008, which would make today's meeting the next regularly
scheduled meeting; however, since the matter was previously considered on June 4, 2008, it is at the
Board's discretion to grant the request for reconsideration of the matter. He clarified he sent an e-mail to
the company's representative indicating it was appropriate to make a request for reconsideration; however,
he was mistaken regarding the date the matter was previously approved. He requested, due to the error,
2008-1728
BC0016
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that the Board waive the time limit in this instance, in order for the request to be presented. Commissioner
Masden stated he believes the action taken by the Board on June 4, 2008, was appropriate, therefore, his
decision stands as is. Chair Jerke indicated he is hearing silence from the other members of the Board,
therefore, he is led to believe that the Board is not interested in reconsideration of the matter. He
expressed his appreciation to Mr. Martinez for his request.
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, SOCIAL SERVICES - PHYLLIS YOUNGMAN: Chair Jerke read the
certificate into the record, recognizing Phyllis Youngman for 17 years of service within the Department of
Social Services. Judy Griego, Director, Department of Human Services, presented the certificate to
Ms. Youngman, and indicated Ms. Youngman has proven herself to be a team member of great value
within the Department. She stated she has never heard an unkind word spoken about Ms. Youngman,
from both clients nor other staff members, and she has received numerous e-mails requesting that
Ms. Youngman not be allowed to leave the Department. She further stated Ms. Youngman has worked
with a quiet competence, and has always answered questions in a very positive and reassuring manner.
Ms. Griego expressed her appreciation to Ms. Youngman for her service within the Department, and
wished her a happy retirement. Commissioner Long expressed his appreciation to Ms. Youngman, and
indicated she has been a great employee. He stated Ms. Youngman was able to give confidence and care
through her personal relationships with her clients, and he expressed appreciation to all staff within the
Department for their sense of team work. Commissioner Masden expressed his appreciation to
Ms. Youngman for her service and dedication, indicated her co-workers have proven that she is highly
regarded, and confirmed she has been a tremendous asset to the citizens of Weld County. Chair Jerke
expressed his appreciation to Ms. Youngman, as well as to all of the staff members of the Department,
for their dedicated work to help citizens rebuild their lives.
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 $1,385,406.53
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT V-PLOWS BID- DEPARTMENT OF PUBLIC WORKS: Mr. Warden read the names of the six
vendors who submitted a bid into the record. Said bid will be presented for approval on June 30, 2008.
PRESENT LEASED/PURCHASED MOTORGRADERS BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Warden read the names of the three vendors who submitted a bid into the record. Said bid will be
presented for approval on June 30, 2008. He indicated a thorough cost analysis will be completed, and
a work session will be scheduled before the approval date.
Minutes, June 16, 2008 2008-1728
Page 2 BC0016
NEW BUSINESS:
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP REQUEST FOR HOTEL AND
RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - JENSEN ENTERTAINMENT,
LLC, DBA T-BONES RESTAURANT AND LOUNGE: Mr. Barker stated this is a request for a transfer of
ownership, and the background investigation check has now been completed. He indicated information
has been added to the file, regarding the backgrounds of the individuals, which he deems appropriate.
Tony Jensen,applicant, indicated this is his first venture into the restaurant business, and he was formerly
the Chief Building Engineer of the Federal office facilities and courthouses in the City of Denver.
Pete Wagoner, Sheriffs Office, stated he originally reviewed the request for a transfer of ownership from
Simon Corporation, dba Simon's Bar and Grill, in January, 2008, and upon review, only one incident was
reported in the previous year, for an assault which occurred before the transfer of ownership took place.
He stated he checked the calls for service from January, 2008, to today, and found two instances of
reports due to assaults, including domestic situations. He indicated the reports do not indicate the assaults
were a result of over-service at the bar, and he was not able to find any documented instances of service
to minors. Commissioner Garcia moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN -JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT AND
LOUNGE: Mr. Barker stated dance licenses are issued upon a calendar year basis, and the license will
expire at the end of the year. He indicated since the transfer of ownership was approved, the dance
license must now be issued in the new owner's name. Commissioner Long moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN CRS 18 AND 20: Wayne Howard,
Department of Public Works, stated County Road 7, between County Roads 18 and 20, was closed from
June 9, 2008, to June 13, 2008, on an emergency basis, due to a collapsed culvert as a result of damage
during the installation of Qwest telephone cables. He indicated the cost of repair will be billed to Qwest.
In response to Commissioner Rademacher, Mr. Howard indicated the culvert was irrigation related;
however, it was a small culvert, therefore, the crew was able to fix the culvert in a timely fashion, and there
have been no complaints regarding water flows from surrounding property owners. Commissioner
Rademacher moved to approve said temporary closure, on an emergency basis. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 2 BETWEEN CR 39 AND 1-76: Mr. Howard stated County
Road 2, between County Road 39 and Interstate 76, will be closed from June 18, 2008, through July 21,
2008. He indicated this closure is for the first phase of construction improvements for the County Road 2
Road Improvements Project, being completed one mile at a time, in conjunction with Adams County.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 60.5 BETWEEN CRS 49 AND 51: Mr. Howard stated
County Road 60.5 will be closed, between County Roads 49 and 51, in order to repair a bridge deck,which
contains damage excessive of what was anticipated through the bridge rehabilitation project. He indicated
the road will be closed through July 25, 2008, and he gave a brief description of the detour route. In
response to Chair Jerke, Mr. Howard indicated County Road 60.5 was previously known as State
Highway 263; however,the road was part of a recent swap with the Colorado Department of Transportation
(CDOT). Commissioner Rademacher moved to approve said temporary closure. The motion was
seconded by Commissioner Masden. In response to Commissioner Masden, Mr. Howard clarified it is
Minutes, June 16, 2008 2008-1728
Page 3 BC0016
difficult to determine the structural integrity of concrete bridge decks, unless the bridge deck is physically
cored. He stated the latest inspection report for the bridge, which is only a year old, did not indicate any
severe damage to the bridge deck. He clarified once the concrete is covered by asphalt, it is almost
impossible to see any severe damage until the asphalt is removed. Further responding to Commissioner
Masden, Mr. Howard confirmed the roads which were swapped with CDOT were accepted on an "as-is"
basis. There being no further discusssion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CRS 8 AND 10: Mr. Howard stated County
Road 13, between County Roads 8 and 10, will be closed from June 18, 2008, through July 2, 2008, in
order for Mountain Constructors to provide construction activities on soft spots in the road due to the Little
Dry Creek. He gave a brief description of the detour route, and indicated the expected improvements are
a part of the on-going improvements along County Road 13. Commissioner Masden moved to approve
said temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
CRS 75 AND 6 AND AUTHORIZE THE CHAIR TO SIGN-JOAN GUSTAFSON: Don Carroll, Department
of Public Works, stated the Nonexclusive License Agreement provides for access along Section Line 75,
south to County Road 8,then east to the Gustafson property. He indicated adjacent property owners have
been contacted, and no concerns have been received,therefore, he recommended approval. In response
to the Acting Clerk, Mr. Carroll confirmed the access to the property will be on County Road 8, and not
County Road 6, as previously stated, and the Resolution requires modification to reflect County Road 8.
(Clerk's Note: Upon further review at the conclusion of the Board meeting, Mr. Carroll confirmed County
Road 6 was indeed the correct road, therefore, the Resolution was not modified to state County Road 8.)
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ORMAN AND MARGUERITE
RUYLE REVOCABLE LIVING TRUST: Christopher Woodruff, Assessor, stated the property is located
on the northwest corner of 35th Avenue and 4th Street,within the City of Greeley. He stated staff received
additional information within a 2008 protest, indicating the property was overvalued, and he clarified the
property is mixed use, including residential, commercial, and agricultural uses. He further stated a portion
of the land value, utilized for commercial uses, was reduced from $2.50 per square foot, to $1.25 per
square foot. He indicated the assessed valuation was reduced to$54,178.00, resulting in a refund in the
amount of $2,919.60. Commissioner Rademacher moved to approve said petition, based upon staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR THE JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Robb Miller, District Attorney's Office, stated the grant application was
approved, and he requested approval of the Statement of Grant Award, in the amount of $116,743.00.
He stated Kim Kinne, Director of the Juvenile Diversion Program, has successfully run the program for the
past three years; however, she has resigned, and staff member, Kirsta Britton, will become the Director
of the Program. Commissioner Masden moved to approve said statement of grant award and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER RESOLUTION RE: EXPRESSION OF THANKS TO LARIMER COUNTY: Mr. Warden stated
Larimer County provided financial assistance in response to the tornado which affected the Town of
Windsor on May 22, 2008, in the amount of $1 million of TANF reserve funds. He indicated Larimer
County was providing the funds on a volunteer basis; however, due to upcoming changes regarding the
utilization of TANF reserve funds, Larimer County would not be able to utilize the funds. He clarified the
Workforce Allocation Committee,at CCI,has approved the transfer of funds,and the Resolution expresses
appreciation to Larimer County for the assistance. Chair Jerke indicated Weld County is very appreciative
Minutes, June 16, 2008 2008-1728
Page 4 BC0016
of the financial assistance that Larimer County has been able to provide. Commissioner Rademacher
moved to approve said Resolution. Seconded by Commissioner Masden,the motion carried unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE WESTERN HILLS FIRE PROTECTION
DISTRICT OF THE 2006 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN THE
DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated the Resolution will
consent to the enforcement of the 2006 International Fire Code, within the unincorporated portions of the
Weld County,which are served by the Western Hills Fire Protection District. He indicated the District held
a public meeting regarding the matter, and notice was provided to residents within the District. He clarified
he has reviewed the modifications and has determined there are no significant changes from the 2003
International Fire Code, therefore, he recommended approval. Commissioner Rademacher moved to
approve said consent. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Garcia moved to appoint
Alexander Zauder to the Area Agency on Aging, with a term to expire January 31, 2011. Seconded by
Commissioner Masden, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE 2008-6, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Mr. Barker stated the modification of Section 3-2-100 of the Weld County Code is in
regards to a new retirement agreement, to allow for individuals to work after retirement. He indicated
clarifications have been made to the language, Table 3.3 has also been modified, and the new agreement
has been added as Appendix 3-C. He further stated the modification of Section 3-6-100 is in regards to
jury duty or serving as a witness, and the additional language is intended to prevent employees from
voluntarily becoming witnesses, or attending a court hearing without being subpoenaed. He indicated the
modification of Section 3-8-20 is in regards to reporting of injuries for worker's compensation claims. He
clarified employees must report the injury within 24 hours, as well as other modifications to provide
consistency of the claim process. He confirmed a work session for review of the modifications will take
place before the second reading of the Ordinance on July 7, 2008. In response to Chair Jerke, Mr. Barker
indicated if an employee does not follow the listed requirements for worker's compensation claims,
disciplinary actions will lead to a loss of benefits. No public testimony was provided concerning the matter.
Commissioner Masden moved to approve Ordinance #2008-6, on first reading. Seconded by
Commissioner Long, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE 2008-7, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Mr. Barker stated the modification to Section 8-6-180 of the Weld County Code explains the
provisions for placement of roadside memorial signs along County maintained rights-of-way. He clarified
State statute allows the Board of County Commissioners to set its own rules regarding the placement of
roadway memorial signs, which will be controlled by the Department of Public Works. He indicated
Appendix 8-L is the application for a roadside memorial sign, and Appendix 8-M provides an example of
a completed sign. No public testimony was provided concerning the matter. Commissioner Rademacher
moved to approve Ordinance#2008-7, on first reading. Seconded by Commissioner Garcia, the motion
carried unanimously.
OLD BUSINESS:
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 7
(HUNTER'S RIDGE ANNEXATION) AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD (CON'T
FROM 06/04/08): Mr. Barker suggested the Board also call up old business items#2, #3, #4, #5, and #6
to be considered concurrently with this item, and Chair Jerke read said titles for the record. Mr. Barker
stated his interpretation of State statute is that due to the desire of the municipality to annex only the
Minutes, June 16, 2008 2008-1728
Page 5 BC0016
roadways, a petition from the Board of County Commissioners to the Town of Mead is necessary. He
indicated this matter is different than the previous situation with the City of Longmont, since at that time
the municipality was annexing a parcel of property and the roadway; therefore, the municipality had the
ability to annex the roadway without a petition. He clarified these petitions are only for roadways; three of
the petitions are for segments of County Road 7, one petition each for segments of County Roads 34 and
36, and one petition for a segment of County Road 13, east of Interstate 25.
David Bauer, Department of Public Works, stated the Department recommends approval of the
annexations so that road maintenance may be consolidated. He stated the annexation will reduce the
amount of interspersed maintenance of the roads by the County. Dan Dean, Town of Mead, stated the
consolidation of the roads will provide for good maintenance of the roads.
Chair Jerke indicated the Board has received e-mails from, and has engaged in conversation with, Weld
County citizens regarding concerns of the quality of maintenance the Town of Mead provides on roadways
within its jurisdiction. He indicated he understands maintenance issues are more likely to happen when
jurisdiction of a roadway is scattered; however, he is concerned that the area residents believe the Town
of Mead is not providing the best possible road maintenance work. He further stated when a roadway
annexation is completed, and property on at least one side of the roadway is still located within
unincorporated Weld County, the Commissioners still have land use jurisdiction; however, the access to
the property will be determined by the municipality, which causes concern. He clarified he has several
concerns regarding this matter, and he does not believe his concerns may be alleviated.
Commissioner Rademacher indicated the negative comments he received came from property owners
within the Highland Estates Subdivision. He concurred with Mr. Bauer, and indicated the annexation of
the roadways will provide for better maintenance operations; however, he share the same concerns
expressed by Chair Jerke. He indicated all of the property owners within the subdivisions currently obtain
access from County rights-of-way, and if the subdivisions were annexed into a municipality, access would
not be an issue. He indicated he is not sure if the time is right to move forward with this matter.
Mr. Barker stated an Annexation Agreement has been drafted for each petition, which includes specific
language regarding paving the intersection of County Roads 7 and 38, the allowance for existing accesses
to private properties, and weight limitations for vehicles traveling on the roadways. He clarified the intent
of the language is to continue to provide for accesses which are already allowed, and that agricultural
equipment utilizing these roadways will be allowed to continue to do so. He indicated the Annexation
Agreement language is similar to the agreement completed with the Town of Lochbuie. Chair Jerke stated
new State law has been enacted which directs a municipality to honor traditional agricultural uses,
especially regarding agricultural access on roadways. He questioned whether a municipality with changing
population densities will have to honor the new law, since it could be considered as a Change of Use. In
response, Mr. Barker indicated the current uses and accesses, which are allowed at the time of
annexation, will be allowed to continue after annexation. He stated if the municipality desires to limit the
growth on adjacent properties by limiting access, it will not be allowed because State statute allows the
access. He indicated all of the municipalities within Weld County have done a good job of not actively
limiting growth by restricting access.
Commissioner Garcia stated a committee is currently reviewing the Comprehensive Plan, and many
municipalities do not desire to enter into Intergovernmental Agreements (IGA) with the County until the
updates to the Comprehensive Plan are approved. Responding to Commissioner Garcia, Chris Gathman,
Department of Planning Services,stated Intergovernmental Agreements are usually submitted with growth
proposals, therefore, they typically do not relate to existing uses, and he clarified how the referral process
works for a property located within an IGA boundary. Further responding to Commissioner Garcia,
Mr. Gathman stated the current Comprehensive Plan does not directly address issues such as annexation
Minutes, June 16, 2008 2008-1728
Page 6 BC0016
of a roadway; however, he has not been involved with the current committee reviewing the Comprehensive
Plan, therefore, he is unaware of proposed changes.
In response to Commissioner Rademacher, Mr. Dean indicated the Town of Mead does not currently have
a strategic plan for roadways, and confirmed the Town provides maintenance on an as-needed basis. He
further indicated the Town is developing some long-range goals for all capital improvements, and it is
imperative for the Town to evaluate the roadways. He confirmed the Town has provided maintenance on
the roadways, including chip sealing, crack sealing, etcetera, a specific process has been enacted for the
maintenance of the roads, and these roadways will be added to that process. Further responding to
Commissioner Rademacher, Mr. Dean confirmed the Town has a line item within the Budget for road
maintenance, there are only a few roadways within the urbanized area which need to be paved; and the
Town works in conjunction with developers regarding pavement of the necessary roadways.
Commissioner Rademacher indicated the condition of the proposed roadways are generally acceptable;
however, County Road 13 is in bad shape due to the installation of a water line. He indicated it may be
over ten years before some of the areas are developed, and the citizens are concerned that resurfacing
of the roads will not be completed for many years. Mr. Dean clarified he was previously speaking about
roads which are currently not paved, and when development occurs adjacent to these roads,the roads will
be paved. Commissioner Rademacher stated the property surrounding the Highland Estates Subdivision
may not be developed within the near future, and in fact, may become open space. Mr. Dean confirmed
the road is already paved, therefore the Town will maintain the road, and will not wait until development
occurs to make the necessary improvements. Commissioner Rademacher indicated his concerns could
be addressed through an IGA with the Town of Mead, and it does make sense to transfer these roads to
the Town; however, he would like for the citizens within the area to be happy as well. He clarified he does
not have concerns with any of the other petitions, since he has not heard complaints.
Mr. Barker stated the County has previously worked with municipalities regarding providing maintenance
on segments of roads,therefore, options do exist regarding how the roads will be maintained. Chair Jerke
indicated he has not been persuaded to grant approval, since the citizens within the area may not receive
as good of road maintenance as is currently provided by the Department of Public Works. He stated as
Town Councilmembers change,the attitude regarding future development may be altered,and he believes
approving these petitions takes away from the options of developers.
No public testimony was provided regarding the matter.
Commissioner Long stated he believes members of the Board may be ambivalent, and he would like to
ensure that the rights of property owners are protected. He indicated it may not be the right time to
approve these petitions, and instead, it might be possible to create a hybrid resolution to alleviate the
concerns of the surrounding property owners. Chair Jerke indicated he does not believe a hybrid solution
exists; either the roads are annexed by the Town of Mead, or the County retains control of the roads.
Mr. Barker stated the Town of Mead has already been reasonable to provide the necessary access to
properties still located within unincorporated Weld County. He clarified the language of the petition, in
Section 2.k, states, "...the Town of Mead will not deny reasonable access to any landowners, owners of
any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed
to the Town of Mead," and he recommended the remainder of the sentence, "but is not bounded on both
sides by the Town of Mead," be deleted. In response to Mr. Barker, Mr. Dean indicated he cannot speak
on behalf of the Town of Mead Board members; however, he does not expect any opposition to the
proposed change. Mr. Barker indicated if the Town did have opposition to the proposed modification, the
petition could be sent back to the County for clarification. In response to Chair Jerke, Mr. Barker
recommended that the same modification be made to all of the petitions, and he reiterated the
modification, as previously described. Commissioner Rademacher reiterated it does make sense to
transfer these portions of roads to the Town of Mead; however, he still has concerns regarding the
Minutes, June 16, 2008 2008-1728
Page 7 BC0016
segment of County Road 7, adjacent to the Highland Estates Subdivision. Commissioner Rademacher
moved to approve said petition and agreement for annexation, as amended by Mr. Barker, and authorize
the Chair Pro-Tem to sign. The motion was seconded by Commissioner Masden. Upon request for a roll
call vote, the motion carried four to one, with Chair Jerke opposed.
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 7
(HIGHLAND ESTATES ANNEXATIONS#1 -#5)AND AUTHORIZE CHAIR TO SIGN -TOWN OF MEAD
(CON'T FROM 06/04/08): Based upon the previous discussion, Commissioner Rademacher moved to
deny said petition and agreement for annexation, due to the concerns presented by the property owners
within the Highland Estates Subdivision. The motion was seconded by Commissioner Garcia. Mr. Barker
clarified due to the fact that the County is presenting the petition to the Town of Mead, a more appropriate
motion would be to not authorize the Chairman's signature of this specific petition. Commissioner
Rademacher amended his motion, as described by Mr. Barker, and Commissioner Garcia seconded.
Chair Jerke indicated he will not sign any of these petitions, therefore, it will be necessary for the Chair
Pro-tem to sign the approved petitions. Upon request for a roll call vote, the motion carried unanimously.
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 7
(STATE LAND BOARD ANNEXATIONS#1 -#4)AND AUTHORIZE CHAIR TO SIGN -TOWN OF MEAD
(CON'T FROM 06/04/08): Based upon the previous discussion, Commissioner Garcia moved to approve
said petition and agreement for annexation, as amended by Mr. Barker, and authorize the Chair Pro-Tem
to sign. The motion was seconded by Commissioner Rademacher, and upon request for a roll call vote,
the motion carried four to one, with Chair Jerke opposed.
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 13
AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD (CON'T FROM 06/04/08): Commissioner
Rademacher indicated this portion is located in front of Grandview Estates, and is located within the
Southwest Weld MUD(Mixed Use Development)area. He indicated he understands that the surrounding
property will be developed within the next year, therefore, the Annexation Agreement will require that the
road be improved to the standards of both Weld County and the Town of Mead. Commissioner
Rademacher moved to approve said petition and agreement for annexation, as amended by Mr. Barker,
and authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Garcia. In
response to Commissioner Masden, Commissioner Rademacher indicated the future development plans
will be referred to the Town of Mead; however, the property is located within the MUD area, and will
proceed through the County for development. In response to Commissioner Rademacher, Mr. Dean
indicated the access to Grandview Estates in on State Highway 66. Upon request for a roll call vote, the
motion carried four to one, with Chair Jerke opposed.
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 34
AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD (CON'T FROM 06/04/08): Based upon the
previous discussion, Commissioner Rademacher moved to approve said petition and agreement for
annexation, as amended by Mr. Barker, and authorize the Chair Pro-Tem to sign. The motion was
seconded by Commissioner Garcia, and upon request for a roll call vote, the motion carried four to one,
with Chair Jerke opposed.
CONSIDER PETITION AND AGREEMENT FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 36
(VALE VIEW ANNEXATION) AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD (CON'T FROM
06/04/08): Based upon the previous discussion,Commissioner Garcia moved to approve said petition and
agreement for annexation, as amended by Mr. Barker, and authorize the Chair Pro-Tem to sign. The
motion was seconded by Commissioner Rademacher. In response to Commissioner Masden, Mr. Dean
indicated this portion of road is currently paved. Upon request for a roll call vote, the motion carried four
to one, with Chair Jerke opposed.
Minutes, June 16, 2008 2008-1728
Page 8 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR WATERFORD HILL PLANNED
UNIT DEVELOPMENTAL FINAL PLAN, PF #1095 - WHITE WOLF, LLC: Chris Gathman, Department
of Planning Services, stated the applicant has requested final release of the remaining collateral, in the
amount of$94,376.00,and the Departments of Planning Services and Public Works recommend approval.
Mr. Carroll concurred that the Department of Public Works recommends release of the remaining
collateral. Commissioner Masden moved to approve said cancellation and release of collateral. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#408-
APOLLO, LLC, C/O KEVIN CONLON: Mr. Gathman stated staff has conducted a site visit, and has
determined that the site is in full compliance; therefore, he recommended release of the collateral, in the
amount of$184,808.00. Commissioner Long moved to approve said cancellation and release of collateral.
Seconded by Commissioner Garcia the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-6 and #2008-7 were approved on first 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
-"", WELD COUNTY, COLORADO
ATTEST: L `^ r !l{ /Uri E Gar
,d2,
t\ ti i 'am H. Jerke, Chair
Weld County Clerk to the Bo _ & 4 .% l
/b.&
Ro.ert D. Masden, Pro-Tem
BY. ,
Deputy Cler o the Board
i F. Garcia
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David E. Long
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Minutes, June 16, 2008 2008-1728
Page 9 BC0016
COMMUNITY EDUCATION CENTERS
June 16, 2008
Via facsimile and Overnight Mail
County Board of Commissioners
Weld County
915 Tenth Street
Greeley, CO 80632
Weld County Community Corrections
909 10th Avenue
Greeley, CO 80631
Re: RFP # 012-08
Honorable Sirs/Madams:
We respectfully request reconsideration of the Board's vote to award a contract to ICCS
pursuant to the above issued RFP. It is urged that the Board instead award the contract to
Community Education Centers as we have fully complied with the RFP specifications and have
received a favorable recommendation from the Community Corrections Board.
Respectfully submitted, A /
Debra Shannon
General Counsel
35 Fairfield Place•West Caldwell, NJ 07006•Tel: (973) 226-2900• Fax: (973) 740-
www.cecintl.com b/,EXHIBIT6
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