HomeMy WebLinkAbout20073851.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 26, 2007
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, December 26, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia - EXCUSED
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 19, 2007, as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on December 19, 2007, as follows: 1) USR #1622 - Robert and Karen Lovewell; and
2) USR #1623 - Jacob and Wendy Simmons, Ill, do Brink, Inc., Attn: Philip Brink. Commissioner
Rademacher seconded the motion, which 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.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden stated he recently spoke with Pat
Persichino, Director, Department of Public Works, who confirmed that motorgrader operators are doing
a thorough job plowing the necessary County Roads. He stated the southern portion of the County has
accumulated more snow that the northern portion of the County; however, the northern portion of the
County has experienced issues with high winds creating blowing snow. He confirmed the motorgrader
crews have done a great job in keeping the roads clear. In response to Chair Pro-Tem Jerke,
Commissioner Masden indicated the crews are utilizing magnesium chloride along County Roads 74
and 49, which is helping to keep the roads passable.
2007-3851
BC0016
et
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $740,400.98
Electronic Transfers - All Funds $3,362,919.14
Commissioner Rademacher moved to approve the warrants as presented by Ms.Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Ms. Connolly stated there are no bids to present.
NEW BUSINESS:
CONSIDER CANCELLATION OF 2007 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Ms. Connolly stated the
outstanding balances which have had no activity since July 1, 2007, will be cancelled, in the amount of
$10,785.20. In response to Chair Pro-Tem Jerke, Ms. Connolly indicated the Department will still attempt
to collect on the accounts. Commissioner Rademacher indicated all of the individual amounts to be
cancelled appear to be less than $200.00, and he moved to approve said cancellation of outstanding
accounts. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER LIMITED AMENDMENT FOR TASK ORDER #1 FOR IMMUNIZATION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Linda Henry, Department of Public Health and Environment, stated the
amendment will provide additional funding, in the amount of $8,399.00, for the Immunization Program.
She stated the total amount of the task order, for a time period of July 1, 2007, through December 31,
2007, is $32,093.00, all of which is federal pass through funding. She clarified the funds are utlized to
increase immunization activities,including increasing community education regarding school immunization
laws. In response to Commissioner Masden, Ms. Henry indicated the Immunization Program is primarily
focused on vaccines for school-aged children and infants. Commissioner Rademacher moved to approve
said amendment and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR MIGRANT/SEASONAL HEAD START
PROGRAM AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Walt
Speckman, Director, Department of Human Services, stated the memorandum is a standard agreement
with School District 6, which allows for the identification of children with special needs in order to provide
the necessary services. In response to Commissioner Rademacher, Mr. Speckman stated approximately
40 to 50 children will receive services for their identified special needs,and the Family Educational Network
of Weld County may provide these services for approximately ten percent of the total number of children
served through the entire program. He clarified the number of children identified with special needs
increases each year; however,the funding levels remain steady each year. Responding to Commissioner
Masden, Mr. Speckman stated the children identified with special needs also participate within the English
immersion activities with all of the other children within the Head Start Program. Commissioner Masden
moved to approve said memorandum and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TRINITY HOUSING
CORPORATION: Mr. Speckman stated the ongoing lease agreement provides for classroom space for
the Head Start Program at the Island Grove Apartments within the City of Greeley. He stated the site is
a great location for the classroom,and is very convenient for the Department. Commissioner Rademacher
Minutes, December 26, 2007 2007-3851
Page 2 BC0016
moved to approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 2 BETWEEN CRS 37 AND 39: Wayne Howard,
Department of Public Works, stated County Road 2, between County Roads 37 and 39,will be closed from
January 7, 2008,through January 18, 2008, in order to replace two culverts. He clarified the detour routes
are in place,and the Department has obtained permission from the Colorado Department of Transportation
(CDOT) in order to utilize Interstate 76 for a portion of the detour route. In response to Commissioner
Rademacher, Mr. Howard stated County Road 2 is currently a gravel road; however, the road will be
paved, in conjunction with a project with Adams County, during Summer, 2008. Commissioner Masden
indicated Weld County has received two Energy Impact and Mineral Assistance Grants from the Colorado
Department of Local Affairs,in conjunction with Adams County, in order to provide improvements to County
Road 2. Mr. Howard stated bridges on the road have already been replaced,the culverts will be completed
before irrigation season begins, and the pavement project will be completed by Fall, 2008. Commissioner
Masden moved to approve said temporary closure. Seconded by Commissioner Rademacher,the motion
carried unanimously.
CONSIDER AGREEMENT FOR SH 52 AND CR 13 TRAFFIC SIGNAL AND INTERSECTION
IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN-MOUNTAIN CONSTRUCTORS, INC.:
Mr. Howard stated the agreement is for the second phase of the County Road 13 Road Improvements
Project, and clarified Phase One was for County Road 13, between County Road 8 and State Highway 52.
He stated federal funds have been provided for the project, and a new traffic signal will be installed at the
intersection of State Highway 52 and County Road 13, along with other necessary road improvements.
He stated the amount of the contract is $1,254,874.00, the contractor will begin the project in May, 2008,
and the project will be completed within 90 days. Commissioner Masden indicated CDOT only provided
three Congestion Relief Grants for the entire State of Colorado, and this project was awarded one of the
three grants, receiving funds in the amount of approximately$800,000.00. In response to Commissioner
Rademacher, Mr. Howard indicated the total amount of the contract includes all the necessary
improvements, including turn lanes and the replacement of utilities, and the traffic signalization will cost
approximately $300,000.00. Responding to Chair Pro-Tem Jerke, Mr. Howard indicated the County is
providing approximately $450,000.00 for the project. In response to Commissioner Rademacher,
Mr. Howard stated some cost sharing has been provided by the Town of Frederick in order to match some
unique curb and gutter specifications within an adjacent development. Commissioner Rademacher moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER CANCELLATION OF 2007 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD
COUNTY PARAMEDIC SERVICE: Ms. Connolly stated the Weld County Paramedic Service annually
cancels accounts which are deemed to be outstanding, and the amount of cancellation for 2007 is
$3,291,169.10. She stated the accounts have been sent to a collection agency, and there will be an
ongoing effort to collect as much as possible. In response to Commissioner Rademacher, Ms. Connolly
indicated approximately 30 percent of outstanding funds may be collected from accounts handled by the
collection agency. Responding to Chair Pro-Tem Jerke, Ms. Connolly stated if the Board does not approve
the cancellation, auditors will still require the Accounting Office to provide provisions for the funds, as a
part of General Accounting Principles, in order to provide an accurate assessment of the potential
collection. Commissioner Masden moved to approve said cancellation of accounts. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZING CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL
MEETING OF THE LUPTON MEADOWS DITCH COMPANY: Bruce Barker, County Attorney, stated the
Resolution allows for the Board to appoint a proxy for the annual meeting to be held on January 19, 2008;
Minutes, December 26, 2007 2007-3851
Page 3 BC0016
however, he clarified that either he, Greg Nelson, or Steve Nguyen will attend the meeting to represent the
County's interests. Commissioner Masden moved to approve authorizing the Chair to sign said proxy.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZING CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL
MEETING OF THE LUPTON BOTTOM DITCH COMPANY: Based upon the previous discussion,
Commissioner Rademacher moved to approve authorizing the Chair to sign said proxy. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER REAPPOINTMENT OF H.DANIEL FAHRENHOLTZ TO FAMILIES,YOUTH,AND CHILDREN
COMMISSION: Commissioner Rademacher moved to appoint Dr. H. Daniel Fahrenholtz to the Families,
Youth, and Children Commission, with a term to expire December 31, 2010. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER FINAL READING OF ORDINANCE #2007-18, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 APPENDICES, OF THE WELD COUNTY CODE:
Commissioner Masden moved to read said Ordinance by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read the title into the record and stated no
changes have occurred since second reading. No public testimony was provided concerning the matter.
Commissioner Masden moved to approve Ordinance #2007-18 on final reading. Seconded by
Commissioner Rademacher, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR THREE
IMPROVEMENTS AGREEMENTS, AND APPROVING AN AMENDMENT TO THE IMPROVEMENTS
AGREEMENT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,PF#1011 -RIVER RUNS THROUGH
IT, LLC, C/O DOUG TIEFEL: Brad Mueller, Department of Planning Services, stated the applicant has
requested release of the required collateral, accepted through two Irrevocable Letters of Credit, and the
fifteen percent paving warranty, in the amount of $184,532.85, will be retained for a period of one year.
He clarified the applicant has presented a Deed of Trust to secure the remaining fifteen percent, and staff
recommends approval of the partial release of collateral. In response to Chair Pro-Tem Jerke, Mr. Barker
indicated the development was completed in two phases, and three Improvements Agreements were
required for the internal road as well as for County Road 26. He indicated all of the requirement
improvements have been completed, and the applicant has requested that the presented Deed of Trust
be accepted as a replacement for the Letters of Credit. He stated the replacement collateral is sufficient,
the one-year warranty period began on September 15, 2007, and he recommended approval to release
the Letters of Credit, and to accept the Deed of Trust in substitution. Commissioner Rademacher moved
to approve said partial cancellation and release of collateral and the amendment of said agreement.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1093, SAGE HILL, INC. - TERRA FIRMA VENTURES, LLC: Mr. Mueller stated the
applicant has completed all of the required improvements on the site and has requested the release of the
full amount of collateral. He clarified staff recommends approval of the cancellation and release of
collateral, in the amount of $40,610.15. In response to Chair Pro-Tem Jerke, Mr. Mueller indicated the
development is located north of the Town of Windsor and west of the Town of Severance. Commissioner
Masden moved to approve said partial cancellation and release of collateral. Seconded by Commissioner
Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2007-18 was approved on final reading.
Minutes, December 26, 2007 2007-3851
Page 4 BC0016
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 9:40 a.m.
^.,
oC'— BOARD OF COUNTY COMMISSIONERS
.1 - WELD COUNTY, COLORADO 7. ie ' EXCUSED
ATTEST: �� �((JfirDavid E. Long, Chair
Weld County Clerk to the Boa .-
g , ' ' v�
1 "t! ' ,, William H. Jerke, Pro-Tern
BY:
Dep Clerk the Board EXCUSED
liam F. Garcia O
Robert D. Masden
flinActoLtr
DouglaslRademache
Minutes, December 26, 2007 2007-3851
Page 5 BC0016
Hello