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Home My WebLink About20082932.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 3, 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, November 3, 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, Elizabeth Strong Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of October 29, 2008, as printed. Commissioner Masden seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance # 2008-17 by tape. Commissioner Masden seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on October 29, 2008: 1) USR#1668 - Pete and Heather Valconesi; and 2) USR#1665 - High Plains Disposal, Inc. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Chair Jerke added New Item of Business 12)Consider Intergovernmental Agreement for Construction, Maintenance, and Use of a Parking Lot Facility and authorize Chair to sign. PUBLIC INPUT: Tina Booton, Department of Public Works, presented each of the Board members with a pen, on behalf of the Colorado Division of Wildlife, to recognize their contributions toward controlling the spread of noxious weeds. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Long seconded the motion, and it carried unanimously. 2008-2932 BC0016 /,7 - VO PRESENTATIONS: RECOGNITION OF SERVICES, NOXIOUS WEED MANAGEMENT ADVISORY BOARD - SHIRLEY SOTO: Chair Jerke read the certificate into the record, recognizing Shirley Soto for her service on the Noxious Weed Management Advisory Board. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. NEW BUSINESS: CONSIDER ELEVEN PETITIONS FOR ABATEMENT OR REFUND OF TAXES - SIERRA VISTA ESTATES, LLC: Christopher Woodruff,Assessor,stated the petitions are for eleven lots in the Sierra Vista Estates, LLC, which were valued as fully buildable lots in 2007. Mr. Woodruff stated the builder protested the assessments in 2008, at which time staff became aware the lots were not buildable lots. He stated the lots consist of sites with retention ponds or oils wells; therefore, an adjustment has been made and a refund in the amount of$1,032.19 is recommended for each of the eleven lots. In response to Chair Jerke, Mr. Woodruff stated Sierra Vista Estates, LLC, contains many lots in addition to the eleven which have been deemed unbuildable. Commissioner Rademacher moved to approve said petitions for abatement, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GOLDEN ALUMINUM, INC.: Mr. Woodruff stated the appraisal was received only a couple of weeks ago and staff has not had the opportunity to discuss it with the petitioner; therefore, a continuance is requested. Commissioner Garcia moved to continue said matter to November 10, 2008, at 9:00 a.m., based on staff's recommendation. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER STATEMENT OF GRANT AWARD AND CERTIFICATE OF COMPLIANCE FOR VICTIM WITNESS ASSISTANT UNIT SPECIALIZED VICTIM PROJECT AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office, stated this grant has been received by the District Attorney's Office for many years. Ms. Holden stated this is the second year of a two year funding process. She stated the grant was applied for last year, and at this time the Department is simply accepting the funds, in the amount of $35,418.00, allocated for 2009. Commissioner Rademacher moved to approve said statement of grant award and certificate of compliance and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER STANDARD OPERATING PROCEDURES AND AGREEMENT FOR MANAGING NOXIOUS WEEDS AND AUTHORIZE CHAIR TO SIGN - SOUTH PLATTE RIVER WATERSHED WEED MANAGEMENT AREA: Ms. Booton stated Weld County is one of nine counties working to development a South Platte River Watershed Plan to address salt cedar and Russian olive. She stated part of the plan is to establish a formal South Platte River Watershed Weed Management area. In response to Chair Jerke, Ms. Booton stated all of the counties along the South Platte River are involved, except for the counties located on the head waters, since there is another group working on the matters in that geographical area. In response to Commissioner Garcia, Ms. Booton stated costs are not being discussed at this point, other than the cost of committing her time to attend the meetings, and only the agreement to participate in the Plan is being considered this time. She further stated the County may remove itself from the group at any point. In response to Commissioner Garcia, Ms. Booton stated there are no dues associated with joining the group. Responding to Commissioner Masden, Ms. Booton stated she will invest approximately 80 hours to the Platte Invasive Endeavor (PIE) Plan; however, she is unsure of the full amount of time to be invested. Ms. Booton stated many things will depend on how much funding is awarded. She stated once the PIE Plan is complete, each of the counties will be able to work independently for the most part, and she will likely not have to dedicate as much time to the Plan as she will be until that point. Commissioner Rademacher thanked Ms. Booton for taking the lead on this project and he moved to approve said standard operating procedures and agreement and authorize the Chair to Minutes, November 3, 2008 2008-2932 Page 2 BC0016 sign. The motion was seconded by Commissioner Masden. Chair Jerke thanked Ms. Booton for her work with the South Platte Round Table work. There being no further discussion, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN SH 52 AND CR 14.5: Janet Carter, Department of Public Works, stated the closure will commence November 10, 2008, through November 14, 2008. Ms. Carter stated the closure is to replace a 40-inch pipe with a 48-inch elliptical pipe. She stated there will be two miles of gravel roadway on the detour route, which will be treated with magnesium chloride for dust control. She further stated the average daily traffic count for this road is 613 vehicles; therefore, road signs, barricades, and message boards will be used to advise drivers of the closure. Commissioner Masden moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER ACCEPTANCE OF DONATION OF$3,900.00 FROM JAN LEMAY FOR VICTIMS SERVICES, DIVIDED EQUALLY BETWEEN THE SHERIFF'S OFFICE AND GREELEY POLICE DEPARTMENT: Susan Cvancara, Sheriffs Office, stated this is a donation, in the amount of$3,900.00, to be distributed between the Greeley Police Department and the Sheriffs Office for victim services. Commissioner Masden moved to accept said donation. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER QUIT CLAIM DEED AND ASSIGNMENT OF EASEMENT AND AUTHORIZE CHAIR TO SIGN - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Bruce Barker, County Attorney, stated this and the next item of business are related to the Mesa County properties associated with the Head Start Program. He stated one of the properties is located in the City of Grand Junction and is classified real property, includes two modular homes,and an assignment of drainage easement for an adjacent property. He stated the second property consists of two modular homes,which have no real property associated with them, and there is a quit claim deed and a bill of sale associated with these modular homes. In response to Chair Jerke, Mr. Barker stated we are donating the properties to the Community Development Institute Head Start, and Don Warden, Director of Finance and Adminstration, researched to verify there is no general fund money connected to either of these properties. Commissioner Long moved to accept said quit claim deed and assignment of easement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER QUIT CLAIM DEED AND BILL OF SALE AND AUTHORIZE CHAIR TO SIGN-COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on previous discussion, Commissioner Masden moved to approve said quit claim deed and bill of sale and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER RATIFICATION OF REAPPOINTMENT TO BOARD OF TRUSTEES FOR HIGH PLAINS LIBRARY DISTRICT: Chair Jerke stated over the past eight years he has attended meetings to vote on the appointments to the Board of Trustees for the High Plains Library District. Mr. Barker stated only a letter requesting the Board to ratify the reappointment of Ray Peterson was received. Chair Jerke stated it is likely the reason there was not a vote is because this is a reappointment. He stated if Mr. Peterson was a new member there would have been a formal election and interviewing process. Commissioner Masden moved to ratify the reappointment of Ray Peterson to the High Plains Library District. Commissioner Garcia seconded the motion, which carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENTS TO FAITH PARTNERSHIP COUNCIL: Commissioner Long moved to appoint Ronald Wittow, to replace Charles Archibeque, and to reappoint Michael Stotts and Kelly Cocroftto the Faith Partnership Council. Seconded by Commissioner Garcia,the motion carried uanimously. Minutes, November 3, 2008 2008-2932 Page 3 BC0016 FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-17, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 APPENDICES, OF THE WELD COUNTY CODE: Monica Mika, Director of Administration, stated the Board reviewed all of the fees in a work session last week. Ms. Mika stated the Paramedic Fees are listed on Page 3 and the changes proposed reflect a change in methodology,from straight fees to bundled fees. She stated the District Attorney's Fee Schedule is listed on Page 4 and the minor fee changes pertain to dissemination of information to the public, including paper, evidence, and electronic discovery. She further stated the Geographical Information Systems (GIS) Fee Schedule is listed next on Page 9 and it includes minor changes to basic street book mapping, and mobile home parks are changing to high density mapping, in order to be consistent with the Weld County Code and other regulations. Ms. Mika stated there are changes to the orthophotography fees due to the County gaining the ability to access color data as a result of its relationship with the Denver Regional Council of Governments (DRCOG). She stated the Fees for 3.2% Beer and Liquor Licenses are listed on Page 12 and the changes are consistent with State Statute changes, and fees will now be assessed for wine and cheese art galleries. She further stated the Department of Planning Services Land Use Application Fees are listed on Page 13 and the first change will be to add the fee for the temporary storage of a mobile home which was approved last year; however, it was not added to the fee schedule. Ms. Mika stated there is the introduction of a temporary seasonal permit to be assessed, in the amount of$75.00,for Christmas tree and fireworks stands. Ms. Mika stated the next change in this section is the site plan review fees,which will be based on square footage from now on, opposed to other types of impacts. She stated the Required Bid Amount on Page 16 simply needs the year updated to 2009. There was no public input. Commissioner Masden stated he does not see the need for another work session regarding fee schedule changes and he moved to approve Ordinance#2008-17 on first reading. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION MAINTENANCE,AND USE OF A PARKING LOT FACILITY AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the parking lot facility is located in the Island Grove Park area and is north of "D" Street, and it is presently being constructed. He stated this agreement is related to another agreement which was approved in 2006 for the parking lots around the Social Services Building. In response to Commissioner Jerke, Mr. Barker stated there is no rent to be paid for the parking facility and the construction is being paid for entirely by the County. He further stated the agreement allows the County to use the parking lot facility from 7:30 a.m. to 5:30 p.m., Monday through Friday, in exchange for the County constructing and maintaining the parking lot facility. Mr. Barker stated the City of Greeley may use the parking lot facility outside of the previously stated hours. He stated all of the construction must be in accordance with the City Code. Responding to Chair Jerke, Mr. Barker stated the County will always have the maintenance obligation. Mr. Barker stated the agreement included a provision for the City to be able to cancel the agreement at any point,with 30 days notice; however, he removed the provision from the agreement and replaced it with a provision for the City to have a meeting with the County, if they would like to change or discontinue the agreement. In response to Commissioner Masden, Mr. Barker stated the time constraints apply to the City even during the Greeley Independence Stampede; however, parking is usually not required for events until after 5:30 p.m. Chair Jerke stated this seems to be a win-win situation for the City of Greeley, and they will have more paid parking available for the Greeley Independence Stampede overflow. Commissioner Masden moved to approve said agreement and use of a parking lot facility and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. PLANNING: CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR SPR#399-JOHN AND EULALIE LAURIDSON/EULALIE LAURIDSON TRUST, C/O TOM LAURIDSON: Chris Gathman, Department of Planning Services, stated the original collateral is in the amount of $97,856.00 for site improvements, and staff recommends 15 percent of collateral, in the amount of $14,678.40, be held for a one year warranty period. In response to Chair Jerke, David Synder, Department of Public Works,stated Minutes, November 3, 2008 2008-2932 Page 4 BC0016 the Lauridson's have completed everything staff has asked of them and the Department of Public Works recommends approval of the partial cancellation and release of collateral. In response to Chair Jerke, Mr. Barker stated he will make certain the check is being issued to the correct person. Esther Gesick, Deputy Clerk to the Board, stated Donna Bechler, Deputy Clerk to the Board, spoke to the applicants and a replacement form of collateral has been submitted for the balance of the remaining work needing to be completed. Commissioner Masden moved to continue said cancellation and release of collateral to November 10, 2008. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USR#1575-MARILYN TAYLOR/EAGLE'S NEST AVIATOR HOMES, INC.: Mr. Gathman stated the collateral was originally approved on January 31, 2007. He stated there are improvements remaining to be completed, including a street based parking lot, a retention pond, a trash receptacle, and a culvert; therefore, staff recommends 15 percent of the collateral, in the amount of $4,875.00, be held for the one-year warranty period, In response to Commissioner Masden, Mr. Gathman stated this agreement is not an off-site agreement. Responding to Commissioner Masden, Mr. Snyder stated he is unsure if the work on County Road 16 has been completed. In response to Commissioner Rademacher, Mr. Gathman stated the amount of collateral staff is requesting to be held will be enough to complete the improvements. Commissioner Rademacher moved to approve said partial 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. Ordinance #2008-17 was 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 9:45 a.m. BOARD OF COUNTY COMMISSIONERS ILA/ WELD COUNTY, COLORADO ATTEST: e L, . I ' William H. Jerke, Chair Weld County Clerk to the B.!r r —) � _ � Sr '�ti"--tic/A,/� Robed D. M �� Pro-Tem BY: /�.✓// [' _, ►� I,ia� ;Jf . Si C%SA Deputy Cler !/ .,t the Board �� Wilt F. Garcia David E. Long n/ ouglas ademacher Minutes, November 3, 2008 2008-2932 Page 5 BC0016 Hello