HomeMy WebLinkAbout20070606.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 7, 2007
TAPE #2007-06
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, March 7, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of March 5, 2007, as printed. Commissioner Masden 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, ASSESSOR'S OFFICE - MICHAEL SAMPSON: Chair Long read the
certificate into the record, recognizing Michael Sampson for nineteen years of service with the Assessor's
Office. Mr. Sampson stated the County has many quality employees and he was fortunate to spend time
with them. He thanked his wife and friends. Commissioner Jerke thanked Mr.Sampson for his hard work,
and explained Mr.Sampson dealtwith the most difficult appraisals. Chair Long expressed his appreciation
to Mr. Sampson for his abilities to listen and compromise.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-0606
Bcp,01
s7'{/o2/70 7
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $522,296.95
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE CHEMICAL PURCHASES - DEPARTMENT OF PUBLIC WORKS/ WEED
AND PEST DIVISION: Mr. Warden explained this bid will be presented and considered for emergency
approval. He stated the bid is for chemicals used by the Weed and Pest Unit in the Department of Public
Works. He explained the chemicals are purchased through a Municipal Assembly of Procurement
Officials, which is a joint bid with numerous jurisdictions throughout Colorado, and this method provides
the biggest volume discount. He further explained the County staff has determined the following
chemicals are needed: Impel Red from Helena Chemical; Liberate, Garlon 3A, and Garlon 4 from UAP
Timberland, LLC; 2, 4 D amine, aquatic, and Poly-Control from Van Diest; Tordon 22K, Milestone, and
Vanquish from Estes, Inc.; and Super Trace Blue Dye from American Pride Coop. He stated the total cost
for the needed chemicals will be$29,663.20, and he recommended emergency approval. Commissioner
Jerke moved to approve the low bids from Helena Chemical, UAP Timberland, LLC, Van Diest, Estes Inc.,
and American Pride Coop, based on staffs recommendations. Commissioner Masden seconded the
motion, which carried unanimously.
APPROVE DUST PALLIATIVE CHEMICAL BID- DEPARTMENT OF PUBLIC WORKS: Mr. Warden read
the names of the two vendors which placed bids, and recommended approval of the lowest bid, which is
from Envirotech Services, Inc. Commissioner Masden moved to approve said bid, as recommended by
staff. Seconded by Commissioner Jerke, the motion carried unanimously.
APPROVE SIGN FACING AND MATERIAL BID- DEPARTMENT OF PUBLIC WORKS: Mr. Warden read
the names of twelve vendors which placed bids, and recommended approval of the lowest bids,with three
exceptions in which case staff recommends acceptance of the second lowest bids. He explained Vulcan
Signs did not meet specifications for Item 39, Nippon Carbide would not warranty the product, and 3M did
not bid on Item 44. Commissioner Garcia moved to approve said bids, as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE - RJML, LLC, DBA LA
MARAVILLA (CON'T FROM 02/26/07): Mike Ornelas, Sheriff's Office, stated the applicant has been
cooperative. He stated the only problem the Sheriffs Office has been involved with at the establishment
was a stabbing in January, which occurred after business hours, and on-site security broke up the fight
and then contacted the Sheriff's Office when they became aware there had been a stabbing injury. He
further stated there was a concern that the security employees were not distinguishable from the patrons,
and Rueben Rodriguez, owner, assured him he will find a way to easily differentiate between the security
officers and patrons. Mr. Ornelas stated the City of Fort Lupton has not expressed any concerns. In
response to Commissioner Masden, Mr. Ornelas stated he is not aware of a traffic issue. In response to
Commissioner Jerke, Mr. Ornelas stated the blood alcohol levels of the stabbing victim and the suspect
is ordinarily taken in the course of an investigation; however, he is unable to comment about this case as
it is still under investigation. He further stated when an individual is suspected of being intoxicated or their
blood alcohol level is over the legal limit, it is up to the discretion of the officer involved whether or not to
inquire where the individual was served alcohol. There was no public input. Mr. Rodriguez stated they
are still directing traffic to the traffic signal on Weld County Road 14.5 in Fort Lupton to access
Minutes, March 7, 2007 2007-0606
Page 2 BC0016
U.S. Highway 85. CommissionerJerke explained the reason the renewal request was delayed was to wait
for a list compiled by the Sheriff's Office indicating the number of DUI stops and possible related
establishments. He stated the Board will be able to use the information in making determinations on
establishments which are known to serve patrons beyond the legal limit. Mr. Rodriguez stated they still
conduct employee training every six months, they are providing rides for patrons, if needed, and he
thanked the Sheriff's Office for its cooperation and assistance. In response to Commissioner Masden,
Mr. Rodriguez stated for the past four years they have been using a rope dividerto separate the adults and
minors, and security patrols both sides. Bruce Barker, County Attorney, suggested the negotiated
Conditions remain in effect. Commissioner Garcia moved to approve said renewal, with the inclusion of
the negotiated Conditions. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER ACCEPTANCE OF DONATION OF $500.00 TO WELD COUNTY SHERIFF'S OFFICE K-9
UNIT, BY STARTEK: Mr. Warden stated Startek is making a$500.00 donation toward the Sheriffs Office
K-9 Unit. Commander Roger Ainsworth, Sheriffs Office, stated they have been soliciting donations for the
past twelve months. He stated the K-9 Unit has been in existence since 1979, and since that time the
deputies have always purchased their own dogs, paid for the training, with an average value of$10,000,
for a total of$150,000 that has been donated by various deputies over the years. Mr. Ainsworth stated
they had encountered problems with the dogs getting too hot or too cold while waiting in the cars,
therefore, they are currently trying to solicit donations to purchase "Hot Dog" systems which notify the
handlers if the car is overheating. In response to Commissioner Masden, Mr.Ainsworth stated the sensors
measure the inside temperature of the car and the engine compartment, and then honk the car horn, flash
the lights, and alert a pager indicating the car is overheating. Chair Long thanked Mr. Ainsworth for his
work on the project. Commissioner Masden moved to accept said donation. Commissioner Rademacher
seconded the motion. Chair Long also thanked Startek for the donation. In response to Commissioner
Masden, Mr.Ainsworth stated once a dog is fully trained and providing a service to the County, the County
pays any necessary medical bills. There being no further discussion, the motion carried unanimously.
CONSIDER AMENDMENT TO THE LETTER OF AGREEMENT TO TEMPORARILY CLOSE PORTION
OF THE POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the Board was
previously presented with an agreement regarding the closure of portions of the Poudre River Trail, for the
purpose of allowing Petro-Canada Resources(USA) Inc., access to certain property for drilling two wells.
He stated this amendment includes an indemnification paragraph. Commissioner Masden moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER LETTER OF AGREEMENT TO TEMPORARILY CLOSE A PORTION OF THE POUDRE
VALLEY TRAIL AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this Letter of Agreement provides
for the drilling of three additional wells, and Petro-Canada Resources (USA) Inc., will pay $5,000.00 per
well. In response to Commissioners Rademacher and Masden, Mr. Barker stated the property owners will
receive the royalties, and the closure is necessary because Petro-Canada must cross the trail to access
the well sites. He stated the goal is to minimize any damage, the trail is concrete, and they are required
to fix any damage incurred. Commissioner Garcia stated there was some damage caused in gaining
access to the first wells, and the Poudre River Trail Board decided to have Petro-Canada complete the
drilling projects while the trail is closed to minimize impact on trail users. Commissioner Rademacher
moved to approve said Letter of Agreement and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
Minutes, March 7, 2007 2007-0606
Page 3 BC0016
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD 74; ACCEPTANCE OF DEED OF DEDICATION; JOINT
MOTION TO APPROVE AGREEMENT BETWEEN PARTIES AND DISMISSAL OF ACTION; AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JOHN AND WENDY HOUSTOUN
REVOCABLE LIVING TRUST: Leon Sievers, Department of Public Works, stated this property is part of
the 74/19 Strategic Road Project. He stated the parcel was presented to the Board in November 2006,
at which time the Board approved a Resolution to proceed with Eminent Domain proceedings. Mr. Sievers
stated since that time the County Attorney's Office has successfully negotiated a purchase agreementwith
the property owners. Mr. Barker stated the initial offer was$62,000.00, and the current amount being paid
is$55,898.00,which will include a left-hand turn lane, fencing, and a siphon. Chair Long thanked staff for
their efforts on this project. Mr. Barker stated there is one more property which will need to be acquired
to complete the project, and the property owners are agreeable to completing the necessary paperwork.
Commissioner Masden moved to approve said agreement, accept the deed of dedication, and authorize
the Chair to sign all necessary documents. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER MEMBERSHIP TO ROCKY MOUNTAIN RAIL AUTHORITY AND AUTHORIZE CHAIR TO
SIGN: Mr. Warden stated the Board previously held a Work Session with representatives of the Rocky
Mountain Rail Authority. He stated the Authority is conducting a feasibility study regarding the construction
of a passenger rail line from Wyoming to Albuquerque, New Mexico, crossing portions of Weld County.
He stated they have a grant from the Colorado Department of Transportation, in the amount of
$1,246,000.00, with$311,000.00 in matching funds,to complete the feasibility study. Mr. Warden stated
jurisdictions can join the Rocky Mountain Rail Authority by approving an Addendum calling for membership,
and noted Commissioner Rademacher was appointed to sit on the Board of Directors,with Commissioner
Garcia as an alternate member. Mr. Warden stated Weld County will also be required to commit to giving
$10,000.00 both in 2007, and 2008, which will go toward the$311,000.00 grant match. He further stated
the Addendum does include a provision which allows the County to cease membership and responsibilities
at any time. In response to Commissioner Jerke, Mr. Warden stated the $20,000.00 will come from the
General Fund. Commissioner Masden moved to approve said membership and authorize the Chairto sign
said Addendum. Seconded by Commissioner Garcia, 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, March 7, 2007 2007-0606
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
���� WEI OUNTY, COL
L RADO
iL ATTEST: el EL j cxj C
VI
David E. Long, Chair
Weld County Clerk to the Bola d (4 b /
° " "� Willis -P -Tem
BY:
Deputy Cler to the Board 7
-_:_,__y • is . Gars
Robert D. Ma n
Doug a a ocher
Minutes, March 7, 2007 2007-0606
Page 5 BC0016
Hello