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Home My WebLink About20071655.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 11, 2007 TAPE #2007-17 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, June 11, 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 June 6, 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 June 6, 2007, as follows: 1) USR#1604- Marcum Midstream 1995-2 Business Trust, Go Dale Butcher; and 2)PZ#1120-William and Linda Ownes,Go David Shoup. Commissioner Rademacher seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Chair Long added New Planning Item of Business#1: Consider Partial Vacation of Amended Use by Special Review Permit#1255-L.G. Everist, Inc.; and New Item of Business #8: Consider Accepting Recommendations of Alignment Options from County Road 27 (Two Rivers Parkway) Alternative Alignment Study to be Used by Weld County for Future Transportation Planning. 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. PRESENTATIONS: GREELEY INDEPENDENCE STAMPEDE PROCLAMATION FOR 2006:John Gates, General Chairman of the Greeley Independence Stampede Committee, read the proclamation into the record, recognizing the County for their support of the Greeley Independence Stampede. Chair Long stated the County is 2007-1655 BC0016 honored to participate in Weld County Day, and the Board is a strong supporter of the Greeley Independence Stampede. He thanked Mr. Gates for the proclamation, and stated the Greeley Independence Stampede is a great event and it reflects well on the area. RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - PAUL FRITZLER: Chair Long read the certificate into the record, recognizing Paul Fritzler for 17 years of service. Pat Persichino, Director of Public Works, stated Mr. Fritzler began working in the Human Resources Program and then began working as a full time seasonal employee in 1987; therefore, Mr. Fritzler has actually served twenty years with the County. Commissioner Long wished Mr. Fritzler good luck in his retirement and thanked him for his services. 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 $417,610.51 Electronic Transfers - All Funds $65,300.45 CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER SITE LICENSE AND SERVICES AGREEMENT FOR SOFTWARE AND TRAINING; AND SERVICE AND LICENSE AGREEMENTS, AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS: Walt Speckman, Director of Human Services,stated this is an agreement with Vision Link, Inc. and Mile High United Way, to provide a software operating program, and it is a pay for performance contract. Chair Long stated this is an effort to bring everyone involved with client services together on the same database. He stated other counties have attempted this; however, Weld County has succeeded at it. In response to Commissioner Rademacher, Mr. Speckman stated the users of the database will be entitled and held to the same confidentiality regulations as County employees. Commissioner Garcia stated in regards to the contract, it will be paid upon the County's acceptance of the product, whereas usually this type of contract would be paid on delivery. He further stated the operating system has been tailor made to fit the Project's needs, and Mr. Speckman did an excellent job negotiating the terms of the contract. Commissioner Rademacher moved to approve said agreements and authorize the Chair to sign all necessary documents. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER REVISIONS TO FEE SCHEDULES FOR FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Trevor Jiricek, Department of Public Health and Environment,stated the fees for Individual Sewage Disposal Systems Permits and Individual Sewage Disposal Repair/Alteration Permits will be raised from$470.00 to $500.00. In response to Commissioner Jerke, Mr. Jiricek stated the new fees do include the $23.00 dollar increase the State has required. Mr.Jiricek stated the new fee will be effective July 1,2007. Commissioner Rademacher moved to approve said fee revisions. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 80 BETWEEN CR 15 AND STATE HIGHWAY 257: Mr. Persichino stated this is a three day closure to commence June 18, 2007, through June 21, 2007, to replace a culvert. Commissioner Masden moved to approve said temporary closure. Seconded by Commissioner Jerke, the motion carried unanimously. Minutes, June 11, 2007 2007-1655 Page 2 BC0016 CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - H. INVESTMENTS COMPANY: Leon Sievers, Department of Public Works, stated this is the first of seventeen parcels the County is acquiring for the County Road 13 Strategic Road project, and it is located east of County Road 13 and approximately one-half mile south of County Road 12. Mr. Sievers stated the County is acquiring 2.031 acres of right-of-way for $35,542.00, and 4,433 square feet of temporary construction easement in two parcels for$178.00, for a total compensation of$35,720.00. In response to Commissioner Rademacher, Mr. Sievers stated all of the seventeen parcels being acquired for this project are south of State Highway 52;however,there are several parcels north of State Highway 52 being acquired for a different project. Commissioner Rademacher moved to approve said agreement and authorize Chair to necessary documents. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER INTERGOVERNMENTALAGREEMENT FOR HAZARDOUS SUBSTANCE INCIDENTSAND AUTHORIZE CHAIR TO SIGN - UNION COLONY FIRE RESCUE AUTHORITY: Roy Rudisell, Office of Emergency Management, stated this agreement is a combination of three prior resolutions,and it has been updated to reflect current agencies and regulations. In response to Commissioner Rademacher, Mr. Rudisell stated there will not be a need for reimbursement to the County for hazardous material handling, as Union Colony Fire Rescue authority will handle those issues within the City of Greeley, and the other cities will be responsible fortheir own hazardous material handling. Mr. Rudisell stated in regards to the unincorporated areas of Weld County,the Office of Emergency Managementwill work in conjunction with Union Colony Fire Rescue Authority, and will establish a reimbursement plan if one is needed for a hazardous spill. Commissioner Rademacher said a hazardous spill should first be resolved by the company which is responsible for spilling the hazardous material, if possible. Mr. Rudisell concurred with Commissioner Rademacher and stated conversations have occurred with the Union Colony Fire Rescue Authority regarding in which circumstances fines will be issued to companies for negligence; however, these decisions will be left up to the jurisdictions where incidents occur. In response to Commissioner Rademacher, Mr. Rudisell stated the Office of Emergency Management does not oversee the City of Greeley. Mr. Warden stated the County has successfully collected reimbursement funds in the past; however, it is a problem when illegal dumping occurs anonymously, since there are no means to collect in those circumstances. In response to Commissioner Jerke, Mr. Rudisell stated the State Statute indicates it is the responsibility of each jurisdiction to identify a Designated Emergency Response Authority (DERA), and if there is not a law enforcement agency in the town, it reverts to the fire department. He stated the Town of Hudson does not have law enforcement and it contracts with the Weld County Sheriffs Office to provide services, and the Town may request the Office of Emergency Management to be their DERA, in which case a Memorandum of Understanding would be drafted to reflect the arrangement. In response to Mr. Warden, Mr. Rudisell stated if a spill occurs on a highway, even within a town, the Colorado State Patrol would be responsible for the clean up. He stated sometimes the State Patrol calls Union Colony Fire Rescue Authority to help since they only have a small hazardous waste team, and the State will handle billing the offending companies; however, there is a problem when the company which spills or dumps hazardous waste is unidentified. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER ADDENDUM TO MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT: Mr. Warden stated some unanticipated grant funds have been received from the State and he recommends the funds be used for the Memorandum of Understanding, to promote economic development. Commissioner Jerke moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, June 11, 2007 2007-1655 Page 3 BC0016 CONSIDER REAPPOINTMENT OF PAT PERSICHINO AS VETERANS SERVICE OFFICER: Mr.Warden stated every two years the County must identify an individual, who is a veteran, as the Veterans Service Officer. Commissioner Jerke moved to reappoint Pat Persichino as the Veterans Service Officer, with a term to begin July 1, 2007, through June 30, 2009. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER ACCEPTING RECOMMENDATIONS OF ALIGNMENT OPTIONS FROM COUNTY ROAD 27(TWO RIVERS PARKWAY)ALTERNATIVE ALIGNMENT STUDY TO BE USED BY WELD COUNTY FOR FUTURE TRANSPORTATION PLANNING: Bruce Barker, County Attorney, stated this is the Resolution which follows up on the public hearing. Debbie Shable, property owner, stated her property is located on the intersection of Highway 60 and Two Rivers Parkway, where the new stoplight is being proposed. She stated the roadway will go through her farm if the road is straightened, and she inquired what this will mean for her, as a land owner. Mr. Barker stated for planning purposes the land owners will need to make certain development is planned around the planned roadway route. He stated if there is no development, and the roadway is installed, a purchase of right-of-way will occur. Chair Long stated the route is reserved for future use and it will be purchased from the property owner, not taken from them. In response to Ms. Shable, Chair Long stated this will not prevent the property owner from developing their property and the County will work with the land owners when the roadway development occurs. Commissioner Rademacher moved to approve said recommendations of alignment options. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER PARTIAL VACATION OF AMENDED USE BY SPECIAL REVIEW PERMIT #1255 - L.G. EVERIST, INC.: Roger Caruso, Department of Planning Services, stated staff received a letter from the property owner requesting a partial vacation of Use by Special Review Permit#1255,which was approved January 26, 2005. Mr. Caruso stated the property is located east and west of the Section Line for County Road 25 and south of County Road 18. In response to Commissioner Masden, Mr. Caruso stated the property owner applied for a Recorded Exemption and was administratively approved; however, staff did not realize the applicant was in a subdivision. He stated the property owner holds the Use by Special Review Permit; therefore, the applicant requests the County amend or vacate a small portion of the property. In response to Commissioner Jerke, Mr. Caruso stated the property owners are continuing to mine on the property, and the portion of land being used for mining would be separated from the rest of the property in the event of a sale. Lynn Mayer-Schultz, representative of L.G. Everist, Inc., stated the five acres the property owners are requesting be vacated have not been mined at all, there is a house and a large shed on this portion of the property. She stated this portion of the property has always been set aside; however, now the property owners want to remove the five acres from the permit limits. In response to Commissioner Masden,Ms. Mayer-Schultz stated the five-acre portion of the property does have its own water well, and there will be berms on two sides of the well while the area is being mined; therefore, the homeowner will be buffered from the mining operation. CommissionerJerke moved to approve said partial vacation. Seconded by Commissioner Masden, 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, June 11, 2007 2007-1655 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:38 a.m. ��,Q �,�,�� BO OF COUNTY COMMISSIONERS „ N /�'vV fra WEL OUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Bo I ) 41/49 William . J IPro-Tem BY: �� / Dep y Cler o the Board CT/7 7- Wil i m F. Garcia Robert D. Masden �� ouglas ademache! Minutes, June 11, 2007 2007-1655 Page 5 BC0016 Hello