HomeMy WebLinkAbout20070430.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 21, 2007
TAPE #2007-04
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, February 21, 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, Jenny Luna
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 14, 2007, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on February 13, 2007, as follows: 1) Violation Hearings; and Hearings conducted on
February 14, 2007: 1)USR#1580-Justin and Andrea Davis; and 2)USR#1584-Gerrard Family Limited
Partnership, LLLP, Go Nathan Gerrard. Commissioner Masden 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $123,649.11
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion,which carried unanimously. (Clerk's Note: A corrected warrant, in the
amount of$1,488,684.33, was presented for approval on February 26, 2007.)
BIDS:
PRESENT DUST PALLIATIVE CHEMICALS BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden read
the names of the two vendors who submitted a bid into the record. Said bid will be considered for approval
on March 7, 2007.
PRESENT 2007 SIGN FACING AND MATERIAL BID-DEPARTMENTOF PUBLIC WORKS: Mr.Warden
read the names of the twelve vendors who submitted a bid into the record. Said bid will be considered for
approval on March 7, 2007.
APPROVE 2007 STEEL BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated staff recommends
acceptance of the low bid or sole bid for each item, as follows: Big R Manufacturing for corrugated metal
pipe; DBE Manufacturing for corrugated plastic pipe; Big R Manufacturing for structural plate pipe; Norfolk
Iron and Metal for beam sections; DBE Manufacturing for steel piling; Norforlk Iron and Metal for steel angles,
tubing,black pipe,and flat plate; DBE Manufacturing for channel iron,fabricated guard rail post,guard rail
and guard rail ends,curved guard rail sections,and tubular guard rail; Big R Manufacturing for sheet piling
and steel bridge deck; DBE Manufacturing for cattle guard cross bars,fence posts,fencing,straw wattles,
erosion blankets, and waterproofing materials; and Foothills Concrete Pipe for concrete products. He
stated tabulations have been provided, which compare the cost of each of the items. Commissioner
Masden moved to approve said bid, based upon staffs recommendation. Seconded by Commissioner
Rademacher, the motion carried unanimously.
APPROVE ONE TON 4X4 CAB AND CHASSIS BID-DEPARTMENTOF PUBLIC WORKS: Mr.Warden
stated staff recommends approval of the low bid from Garnsey and Wheeler Ford, in the amount of
$34,159.70. Commissioner Masden moved to approve said bid, based upon staffs recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR THE BUILDING HEALTHY MARRIAGES
PROJECT AND AUTHORIZE CHAIR TO SIGN-SAVAGE HEALING THROUGH THE ARTS,C/O VIRGINIA
SAVAGE: Walt Speckman, Director of Human Services,stated the contractor will provide educational and
supportive child care services for children of couples participating in the Building Healthy Marriages
education workshops. He stated the services will be provided for ages eight through fifteen, and it is not
expected that a large group of children will receive these services. In response to Commissioner Jerke,
Mr. Speckman stated the contractor will be reimbursed ata rate of$50.00 per hour. Commissioner Jerke
stated he is not in support of approval, and daycare services should be arranged by each of the individual
families. Commissioner Garcia stated the goal of the Building Healthy Marriages Project is to bring in
families to address problems and concerns within the family. He further stated the parents will need to have
peace of mind during the sessions, and should not be preoccupied with the care of their children. Chair
Long stated an important aspect of the services provided for this age range is that the contractor may be
able to identify needs of the children and provide direction to appropriate referral agencies. He further stated
kids in conflict create additional issues for a family to address, and it is mandatory that child care be
provided as a part of the project. Commissioner Masden moved to approve said agreement and authorize
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the Chair to sign. The motion was seconded by Commissioner Garcia. Upon request for a rollcall vote,
the motion carried four to one, with Commissioner Jerke opposed.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MIGRANT/SEASONAL HEAD START
THERAPEUTIC SERVICES AND AUTHORIZE CHAIR TO SIGN - COLORADO WEST REGIONAL
MENTAL HEALTH CENTER: Mr. Speckman stated Colorado West Regional Mental Health Center will
provide therapeutic services for children enrolled in the Migrant and Seasonal Head Start Program on the
western slope. Commissioner Masden moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER COLORADO EMS PROVIDER GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN:
Dave Bressler, Director of Paramedic Service, stated the application will be submitted to the Colorado
Department of Public Health and Environment, to provide funds for an ambulance re-mount and for data
collection computers. He stated the amount of the grant requested is $77,120.00, and Weld County will
provide matching funds, for a total grant amount of$154,240.00. Commissioner Rademacher moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER INTERGOVERNMENTAL CONTRACT FOR THE 2007 LAW ENFORCEMENT ASSISTANCE
FUND(LEAF)GRANTANDAUTHORIZECHAIRTOSIGN: Randy Carter,Sheriffs Office,stated the Law
Enforcement Assistance Fund(LEAF)Grant is provided by the Colorado Department of Transportation,and
it is a non-matching grant. He stated the grant funds are utilized to provide overtime wages for officers
performing DUI enforcement and saturation patrols. He further stated the overtime wages are provided to
officers who are a part of the DUI Task Force,and the contract is through December 31,2007. In response
to Commissioner Masden, Mr. Carter stated twenty checkpoint stations were setup with grant funds last
year; however, he does not have the exact statistics of how many DUI arrests were made due to the
checkpoints. Further responding to Commissioner Masden,Mr.Carter stated the Sheriffs Office believes
the checkpoints are one of the main reasons the number of traffic fatalities has dropped in the past two
years. He stated over 60 DUI arrests were made in one weekend at a checkpoint stationed in Fort Lupton
last year. In response to Chair Long, Mr. Carter stated the officer is required to ask where a driver
suspected of a DUI had been drinking; however,the driver is not required to name a specific establishment.
He further stated officers work in conjunction with the owners of the liquor licensed establishments to offer
various alternatives that aim to reduce incidents of driving while intoxicated.
In response to Chair Long, Mr.Carter stated the information collected from the officer is available through
DUI recrods; however, a report of specific establishments where a driver had purchased alcohol has not
been created. Commissioner Jerke stated he would like a report to be created, and he would like staff to
use the report as a part of the requirements for a liquor license renewal. Bruce Barker, County Attorney,
stated the Board may schedule a work session to determine the feasibility of requesting information from
officer reports. Mr. Carter stated the Sheriffs Office does not have access to the records of the individual
municipality reports. He further stated a new database could be generated; however, it would require a
large amount of staff time to pull the information out of each separate report to create one database.
Responding to Mr.Warden, Mr. Carter stated an intern in the GIS Department has been working with the
Sheriffs Office reports to pinpoint the location of each DUI arrest on a special map. He further stated the
District Attorney's Office has been exploring the idea of requiring a driver to answer the question of where
alcohol was purchased during a DUI arrest. Commissioner Jerke suggested the Board setup a work
session with the Sheriffs Office and the District Attorney's Office to determine the tracking process. In
response to Commissioner Rademacher, Mr. Carter stated police officers from the City of Greeley are
included in the DUI Task Force, and the overtime funds are dispersed as they are available. He further
stated the DUI Task Force is allowed to receive grant funds every year, instead of a three-year cycle.
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Commissioner Jerke moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE ROAD AND STREET DESIGN,
CONSTRUCTION,AND/OR MAINTENANCE SERVICES FOR WCR 9.5 PROJECT AND AUTHORIZE
CHAIR TO SIGN -TOWN OF MEAD: Mr. Barker stated the agreement is for the construction of Weld
County Road 9.5, and the construction costs will be paid by Weld County, the Colorado Department of
Transportation (CDOT), and the Town of Mead. He stated the construction costs for Weld County
Road 9.5, south of Weld County Road 28,will be paid by Carma Colorado. Mr.Warden stated CDOT has
already provided a check for its share of the construction costs. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER AMENDMENT TO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
AND AUTHORIZE CHAIR TO SIGN-CEDAR CREEKWIND ENERGY,LLC: Don Carroll, Department of
Public Works,stated the amendment to the Long-Term Road Maintenance and Improvements Agreement
will create additional haul routes to the Cedar Creek Wind Energy facility adjacent to Weld County
Roads 105 and 22. He stated Weld County Roads 136 and 89 will be added as alternative haul routes since
Weld County Road 122 has been closed several times due to blowing snow conditions. He further stated
the additional routes are needed in order to accommodate the delivery of the wind turbines to the facility.
Mr.Carroll stated adjacent property owners have been contacted,and no concerns have been expressed.
In response to Chair Long,Mr.Carroll stated Cedar Creek Wind Energy believes the additional haul routes
will be able to accommodate the delivery traffic, and the company is obligated to repair the roads,if needed.
He further stated the company is currently completing improvements on Weld County Road 105, one of the
main haul routes. No public testimony was provided concerning the matter. Commissioner Jerke moved
to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER RESCINDING RESOLUTION #2006-3028, DATED OCTOBER 30, 2006, FOR MINOR
RESUBDIVISION RS #1126, FOR VACATION OF PLATTED ROADS, STREETS, AND ALLEY
RIGHTS-OF-WAY LOCATED WITHIN THE PLATTED TOWNSITE OF PURCELL (CON'T FROM
02/12/07): Chris Gathman, Department of Planning Services,stated the applicant originally requested that
Resolution#2006-3028,dated October30,2006,be rescinded so that the well rights of the property would
not be affected. He stated staff has been in contact the Colorado Division of Water Resources, and
correspondence has indicated that the lots within the platted townsite would still be considered as created
prior to 1972. He further stated the well permits would not be affected, therefore, the applicant no longer
wishes to have the original Resolution rescinded.
Jay Scolnick, applicant representative, requested that the previous request to rescind
Resolution#2006-3028,dated October30, 2006, be withdrawn. Mr. Barker stated the current Resolution
is drafted to reverse the vacation,therefore denial of the Resolution will essentially leave the situation as-is.
Mr.Scolnick stated he did not want to lose the water rights on the property,and he does not anticipate that
he will file a new plat, as he has designed exhibits depicting the vacated roads to add to the original plat.
In response to Commissioner Jerke, Mr. Scolnick stated the townsite includes 189 lots, and the minimum
lot size is one-half acre. He stated the lots are required to have 100-foot setbacks between the well and
the septic systems, and septic envelopes have been designated on each lot. He further stated a copy of
the plat has been sent to the Department of Public Health and Environment. Further responding to
CommissionerJerke, Mr.Scolnick stated he anticipates at least ten years until full buildoutwill be achieved.
He stated he will provide upgrades, such as paving the roads, to create a pleasant surrounding. In
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Page 4 BC0016
response to Chair Long, Mr. Scolnick stated he has studied the option of installing a centralized water
delivery system; however, he would have to proceed through water court and the process would be very
expensive and time consuming. Responding to Commissioner Jerke, Mr. Scolnick stated the townsite is
located within a designated water basin, and it would be difficult to complete a plan of augmentation. He
further stated the State was not able to provide information regarding the availability of water for multiple
wells within the area. Mr. Barker clarified that the Board would need a motion to not rescind
Resolution #2006-3028, and not just a motion of denial. Commissioner Masden moved to accept the
request to not rescind said Resolution. 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.
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: $ David E. Long, Chai
r
Weld County Clerk to the Bo rd
BY: 561 e- William H J k o-Tem
Deputy Cle to the Board �a\\
£ Farcia
Robert D. M s
s Rademacher
Minutes, February 21, 2007 2007-0430
Page 5 BC0016
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