HomeMy WebLinkAbout20073666 RECORD OF PROCEEDINGS
CORRECTED MINUTES
(Please refer to the Clerk's Note regarding distribution of royalties for Noble Energy, Inc./Noble
Energy Production.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 5, 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 5, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 3, 2007, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PRESENTATIONS:
2007 EMPLOYEE SERVICE AWARDS - 10 AND 20 YEAR EMPLOYEES: Chair Long read the
presentation into the record. Department heads presented the service awards according to the attached
list. Commissioners Masden, Garcia, Rademacher, and Jerke stated their appreciation to the recognized
employees.
2007 INDIVIDUAL SAFETY AND WELLNESS AWARD - VERMEDA EVANS AND TERI SHIPP: Chair
Long read the certificate into the record, recognizing Vermeda Evans and Teri Shipp for outlining various
walking trails throughout north Weld County, researching the distance and safety recommendations for
beginning a new exercise program, and planning the Project. He stated the walking routes and the other
related data the ladies researched will be posted on the safety and wellness website. Commissioner
Garcia thanked the ladies for their efforts, and stated he is particularly impressed with Ms. Shipp, who
assumed a leadership role in looking out for the health and wellness of her colleagues during her first year
of employment.
PUBLIC INPUT: No public input was given.
2007-3666
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CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
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 $844,051.13
Electronic Transfers - All Funds $133,027.73
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE TAX NOTICES AND ENVELOPES BID - TREASURER'S OFFICE:
Mr. Warden stated this bid will be presented for emergency approval. He read the names of the two
vendors who submitted bids into the record, and stated it is recommended the Board approve the low bid,
submitted by Data Prose Incorporated in the amount of $25,609.00. Mr. Warden stated Data Prose,
Incorporated has provided this service for the County for the past two years. In response to Commissioner
Garcia, Mr. Warden stated the bid includes folding the notices and stuffing the envelopes. Responding
to Commissioner Jerke, Renee Fielder,Treasurer's Office,stated the postage cost is based on an estimate
determined from the amount spent on postage over the last two years. She further stated Direct Mailing
services assured a postage rate which is approximately$6,000.00 less than the fee quoted by Data Prose,
Incorporated; however, taking the postage costs into consideration, Data Prose Incorporated has still
provided the lowest bid. Further responding to Commissioner Jerke, Ms. Fielder stated Direct Mailing
Services prints data on the notices in addition to mailing the notices; however, the cost of folding and
sorting through Data Prose, Incorporated is 15 cents per item, as opposed to 21 cents per piece if utilizing
All-Pro Forms, Inc. and Direct Mailing Services. Commissioner Rademacher moved to approve said low
bid, in the amount of$25,609.00, per staff's recommendation. Commissioner Jerke seconded the motion,
which carried unanimously.;
OLD BUSINESS:
CONSIDER RESCINDING CERTAIN DOCUMENTS APPROVED UNDER RESOLUTION #2007-3038,
DATED SEPTEMBER 26, 2007; APPROVE REVISED RELEASE AND TWO AGREEMENTS FOR
DISTRIBUTION OF ROYALTIES; AND AUTHORIZE CHAIR TO SIGN- NOBLE ENERGY, INC./NOBLE
ENERGY PRODUCTION, INC. (CON'T FROM 11/19/07): Mr. Barker stated he did not have the
opportunity to review the original and revised Resolutions when this was initially listed on the agenda;
therefore, he requested the continuation and he has since reviewed the Resolutions and completed the
necessary changes. He stated the only change is the addition of Kerr-McGee Oil and Gas Onshore, LP
to the first paragraph of the Resolution, since Noble Energy has paid royalties on its behalf. (Clerk's Note:
Upon further review, Mr. Barker determined the Resolution did not require this modification.)
Commissioner Jerke moved to approve rescinding Resolution #2007-3038, to approve revised release,
and to approve two agreements, and to authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
Minutes, December 5, 2007 2007-3666
Page 2 BC0016
NEW BUSINESS:
CONSIDER THREE PURCHASE OF SERVICES AGREEMENTS FOR OPERATIONAL EXPENSES FOR
RURAL SENIOR CENTERS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human
Services, stated the Area Agency on Aging is recommending approval of awarding $500.00 to Pierce
Senior Center, Hill N Park Senior Center, and Lochbuie Senior Center for operational expenses. In
response to Commissioner Masden, Mr. Speckman stated the new Lochbuie Senior Center is not making
progress as quickly as staff would like to see; however, he does not know the details. Responding to
Chair Long, Mr. Speckman stated the current Lochbuie Senior Center facility is functional and safe, and
it still has telephone service. Commissioner Garcia moved to approve said agreements and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AMENDED NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 22 AND AUTHORIZE CHAIR TO SIGN -JOHN AND JAN JERVIS:
David Snyder, Department of Public Works, stated the proposed Amended Nonexclusive License
Agreement for the Upgrade and Maintenance of County Road 22 is for Recorded Exemption #4620.
Mr. Snyder stated the amendment proposed by John Jervis, property owner, will change the access from
Mr. Jervis's property to an access that crosses the Gray family property. Mr. Snyder stated staff has not
heard from the Gray family. There was no public input. Commissioner Jerke moved to approve said
amended agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MARCH 29 AND 30, AND SEPTEMBER 20 AND 21, 2008 - RICK FISHER: Mr. Barker stated one permit
can cover up to six events, pursuant to the terms of a Use by Special Review (USR) Permit. He stated
upon his request, Stephanie Arries drafted a memorandum, pursuant to the County Code and the
application. Mr. Barker stated the Planning Services staff does not have any concerns; however, he has
a concern. He explained he is not comfortable allowing temporary assemblage to occur on two separate
dates, without a USR for the property. Rick Fisher, applicant, stated he has contacted the Colorado
Department of Transportation(CDOT)and a representative stated he needs to provide a traffic control plan
to CDOT and the Highway Patrol for use of Highway 392 during the events. Mr. Fisher stated the
temporary assembly permit does allow for two events to occur without a USR. He stated he wishes to first
evaluate how successful these two events are before applying to modify his current USR permit to include
this use. Mr. Fisher stated the City of Sterling conducts an event similar to this and the Chamber of
Commerce estimates a $40,000.00 increase in revenue to the City when a two-day event is held in the
area, due to money spent at restaurants, convenience stores, hotels, and other local businesses. He
stated if these events are successful, he will amend his USR. In response to Commissioner Jerke,
Mr. Fisher stated his current USR is for his landscaping business. Further responding to Commissioner
Jerke, Mr. Fisher explained his property is located east of Lucerne,and two-tenths of a mile west of County
Road 43, on County Road 392. Responding to Commissioner Garcia, Mr. Fisher stated he will have
emergency medical personnel onsite during the event since it is required by the insurance company, and
the crew is an upgrade from a standard paramedic group because it contains up to six members and an
ambulance, and has been used at other events he has conducted. He stated he has been in contact with
North Colorado Medical Center (NCMC) and the fire and police departments. Further responding to
Commissioner Garcia, Mr. Fisher stated there will be paramedics and an ambulance on the site throughout
the entire duration of the event. In response to Commissioner Garcia, Mr. Fisher stated there is not much
security required at events like this one. Further responding to Commissioner Garcia, Mr. Fisher stated
he has sufficient parking available for the event. He stated he owns a 70-acre farm, and ten of those acres
is a hard surface gravel parking area and there are forty acres of farmland available for overflow parking.
He further stated he is considering using two to four staff members for security. In response to
Commissioner Masden, Mr. Fisher stated racers in the event are not permitted to drink alcohol and there
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Page 3 BC0016
will not be any alcohol sold on the premises; however, people may bring their own alcohol in coolers. He
stated he is willing to hire a licensed security company if it is required by the County. Further responding
to Commissioner Masden, Mr. Fisher stated he does not plan on having anyone direct traffic on State
Highway 392 for the event because his driveway is one-half mile long and will allow vehicles to directly
access State Highway 392 without waiting in a line; therefore, no traffic control is required. In response
to Chair Long, Mr. Fisher stated he will continue to communicate with the Highway Patrol, CDOT, and the
Eaton Fire Department, as has been recommended. Mr. Barker stated he disagrees with the statement
Mr. Fisher made that an individual can have two events on one temporary assembly permit. He explained
the County Code states a permit is required for each event, unless the location is properly zoned through
a USR, for assembly at multiple events. Mr. Barker stated the Board may approve one event at this time,
however, not both events. In response to Chair Long, Mr. Barker clarified up to ten events may occur per
year, under one USR permit. Mr. Fisher stated he received misinformation since he was told a temporary
assembly permit could be obtained for each event. Les Weimers, Sheriffs Office, stated the Department
has several concerns, which have been outlined in a memorandum. Mr. Weimers stated the speed limit
near the entry and exit is 65 miles per hour, and the one lane road needs to be widened to allow traffic to
travel in both directions for this type of event. He stated the Sheriff's Office is also concerned about
potential issues resulting from alcohol consumption, including event attendees driving under the influence.
Responding to Chair Long, Mr. Fisher stated he discussed an entry lane with CDOT and it was indicated
the one lane will be acceptable for the two proposed events; however, if more events are planned the one
lane road will need to widened. In response to Commissioner Jerke, Mr. Barker stated there are no
notification provisions regarding surrounding property owners required under the terms of a temporary
assemblage permit; however a notice is published. Mr. Fisher stated he has contacted all of his neighbors
except one, and all of the neighbors he has communicated with have given their approval for the events.
He further stated the event facilities are approximately one-half mile away from any residences, and a
sound buffer will be provided. Commissioner Jerke stated due to the significant number of concerns,
including public safety, he believes these events must be conducted under a USR permit. He stated
typically events approved under temporary assembly permits are for localized entertainment that will not
be loud nor dangerous. Commissioner Masden stated he has concerns regarding the traffic since there
are no traffic plans coordinated with CDOT at this time, as well as concerns regarding alcohol consumption
on the premises; therefore, he believes this event should be conducted under a USR permit.
Commissioner Garcia stated Mr. Fisher's arrangements regarding the emergency staff to be on the
premises alleviated his concerns in that area and he would like to see more of this kind of use occurring
since there are few opportunities for children to attend outdoor events; however, he is still concerned about
insufficient security. Commissioner Jerke moved to deny said application. Seconded by Commissioner
Masden, the motion was denied.
CONSIDER FIRST AMENDMENT TO AMBULANCE SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN-BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dave Bressler, Paramedic
Service,stated this is a contract the Board approved last year. Mr. Bressler stated prior to last year, Banner
Health did not require a contract regarding payment for services. He stated this is simply a renewal of the
previous year's contract; however, it will reflect the rate increases. Commissioner Rademacher moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Garcia,the motion
carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Barb Connolly, Accounting, stated ten vehicles
from the Transportation Department will be added to the inventory of items to be sold at auction on
December 19, 2007. Commissioner Masden moved to declare certain equipment as surplus property and
authorize sale of said property. Commissioner Garcia seconded the motion, which carried unanimously.
Minutes, December 5, 2007 2007-3666
Page 4 BC0016
CONSIDER ACCEPTANCE OF ROADS FROM COLORADO DEPARTMENT OF TRANSPORTATION
(CDOT)AND TRANSFER OF ROAD FROM WELD COUNTY TO CDOT: Drew Scheltinga, Department
of Public Works, stated this is the final paperwork to complete swapping roadways with CDOT.
Mr. Scheltinga stated this portion of the process will quitclaim County Road 392 and it will become State
Highway 392, and the County will accept portions of State Highways 263, 256,and 237. He explained this
step is being done in accordance with previously approved agreements. He stated the reason this piece
of the process is occurring several months later is because it was necessary to determine if CDOT required
a legal description for County Road 392, rather than the general description the County received when it
was acquired by a railroad company, and it was determined the legal description is not necessary.
Mr. Scheltinga stated it would have been expensive to conduct the survey required to provide a legal
description if it would have been determined necessary. Commissioner Jerke stated former County
Commissioner, Glenn Vaad, initiated this process many years ago. Commissioner Masden stated there
has been an extensive history of swapping County Road 392 with CDOT. Mr.Scheltinga concurred County
Road 392 has been passed back and forth between the County and the State multiple times. He stated
it was actually a dirt State Highway at one time and the County paved it. Responding to Commissioner
Masden, Mr. Scheltinga stated it is a straight up trade of roadway, there will be no cash involved. He
stated the swap is a good deal for both CDOT and the County. Commissioner Masden stated in a letter
dated October 9, 2006, there was discussion about the transfer of the 1-25 East Frontage Road and he
inquired if the Frontage Road is part of this roadway swap. Mr. Scheltinga stated the 1-25 East Frontage
Road status has already been separately addressed. Chair Long stated he is aware CDOT does not
enforce"no passing zones"; however,the County's policy has helped to maintain road safety and he asked
Mr. Scheltinga to continue communicating with CDOT regarding encouraging them to utilize the "no pass
zone" on Highway 392. Commissioner Masden moved to accept said roadways from CDOT and to
transfer said roadway to CDOT. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION FOR SOCIAL
AND HUMAN SERVICES BUILDING AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this is a
million dollar grant application to the Energy and Mineral Impact Assistance Program for the construction
of the new Social Services/Human Services building in the 2008 budget plans. Commissioner Masden
moved to approve said application and authorize the Chair to sign. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER MASTER SOFTWARE LICENSE AND SUPPORT AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - ADVANCED PUBLIC SAFETY, INC.: Mr. Warden stated paperless tickets have been in the
works for two years, and this is the license agreement to make it a reality. He stated it will cost
approximately$72,500.00 and the City of Greeley will pay$53,000.00. He further stated the funds have
been figured into the 2008. Commissioner Masden moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner Jerke
moved to appoint Joseph Murphy as the regular Probation Representative, Joe Gerber as the alternate
Probation Representative,to reassign John Miller as the regular Citizen Representative,and Bill McAdams
as the alternate Citizen Representative. Commissioner Rademacher seconded the motion, which carried
unanimously.
SECOND 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 Garcia, the motion
carried unanimously. Mr. Barker read the title into the record. Mr. Warden stated at a work session, it was
determined there will be one change to the Ordinance on second reading. He stated the change is located
Minutes, December 5, 2007 2007-3666
Page 5 BC0016
on Page 3, in Appendix 5B. He stated the paramedic service fee should not be removed as indicated in
the first reading; therefore, the fee will be added back into Appendix 5B on second reading. There was
no public input. Commissioner Garcia moved to approve Ordinance #2007-18 on second reading, with
the addition of said fee. Commissioner Masden seconded the motion, which carried unanimously.
PLANNING:
CONSIDER EXTENSION CERTIFICATE FOR BOND #GP97-0504-OB FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS), AND MAINTENANCE AGREEMENT FOR USE BY SPECIAL
REVIEW PERMIT#966-WASTE MANAGEMENT OF COLORADO, DBA BUFFALO RIDGE LANDFILL:
Mr. Barker stated this is an extension certificate for a bond. Commissioner Masden stated there is a letter
from Waste Management of Colorado regarding a bond in the amount of $242,000.00 for work to be
performed periodically on the County Road leading to the landfill. He inquired as to what the terms are
involving this bond. Don Carroll, Department of Public Works, stated this certificate has carried over from
year to year, and the location is on County Roads 59 and 18. Mr. Carroll stated it was determined, upon
inspection, that an overlay was not warranted; however, when the overlay is needed, the money is
available to complete the task. Commissioner Masden inquired when the bond was initiated. Mr. Barker
stated this bond is for USR Permit#966. Mr. Carroll stated the bond was initiated in 2001, he believes,
for approximately two miles of roadway. Commissioner Masden moved to approve said extension
certificate and maintenance agreement. Commissioner Garcia seconded the motion, which 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 11:10 a.m.
BOARD OF COUNTY COMMISSIONERS
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i '1 (� s?� 452 David E. Long, Chair -4-\\/
Weld County Clerk to the Boa,• .-� f )
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Dep Cl/tuerk t the Board a
Wi . F. Garcia
Robert D. Masden
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Minutes, December 5, 2007 2007-3666
Page 6 BC0016
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