HomeMy WebLinkAbout20071025.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 11, 2007
TAPE #2007-10
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, April 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- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
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 April 9, 2007, as printed. Commissioner Garcia 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia 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 $1,808,615.24
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Persichino stated there were no bids to present.
2007-1025
BC0016
APPROVE RE-ROOFING OF THE COURTHOUSE ROOF BID - DEPARTMENT OF BUILDINGS AND
GROUNDS: Mr. Persichino stated there is one bid to present for approval today, and it was initially
presented on March 28, 2007. He stated the low bid is from Front Range Roofing, which has performed
work in the past for Weld County, and he recommended approval for a black roof since it is the least
expensive option. In response to Chair Pro-Tem Jerke, Mr. Warden stated the dark colored roof will not
create a significant increase in the inside building temperature. Commissioner Rademacher moved to
approve the low bid from Front Range Roofing, as recommended by staff. Seconded by Commissioner
Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Bruce Barker, County
Attorney, stated the Sheriff's Office has no concerns regarding renewal of this liquor license. Les Weimer,
Sheriff's Office, stated the Department has not received any calls for service from the establishment nor
any complaints regarding the establishment. Commissioner Rademacher moved to approve said renewal
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 49 BETWEEN WCR 66 AND STATE HIGHWAY 392:
Wayne Howard, Department of Public Works, stated the road closure is requested in order to replace a
culvert and the project will commence April 16, 2007. Commissioner Garcia moved to approve said
temporary closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 15 BETWEEN WCRS 42 AND 38: Mr. Howard stated
the closure is requested in order to perform culvert replacement and the project will commence
April 16, 2007. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER CHANGE ORDER NO. 1 FOR INTERSECTION IMPROVEMENTS PROJECT ON WCRS 74
AND 19 AND AUTHORIZE CHAIR TO SIGN - DEFALCO CONSTRUCTION COMPANY: Mr. Howard
stated this item was previously discussed at a work session. He stated most of the projected cost increase
is to purchase the required dirt supply. Commissioner Garcia moved to approve said change order and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR
83 AND AUTHORIZE CHAIR TO SIGN - BONI FREEMAN: Donald Carroll, Department of Public Works,
stated the Freeman family will be splitting Parcels A and B, and they own property south of Section
Line 26. He stated the Nonexclusive License Agreement will include access to Parcels A and B and part
of Section 26. He further stated there is 60 feet of right-of-way along the Section Line. Mr. Carroll stated
staff has contacted Stan Cass, the adjacent property owner whose property is located east of the
Freeman's property, and Mr. Cass has no objections. He stated staff recommends approval of the
Nonexclusive License Agreement to split the parcels and provide access to Section 26. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER DESIGNATION OF BROKER/DEALER FOR INVESTMENT OF WELD COUNTY FUNDS:
Mr. Barker stated there have been several of these designations previously made, and the Treasurer's
Office has requested Sterne Agee and Leach, Inc., also be designated as a potential broker for Weld
County. In response to Commissioner Jerke, Mr. Warden clarified there are several companies which are
already designated brokers for the County, and this will simply be adding another company to the list of
companies the Treasurer's Office may conduct business with. He further stated that the more brokers
which are designated as potential brokers for the County, the more competition it creates, which is
Minutes, April 11, 2007 2007-1025
Page 2 BC0016
beneficial to the County. Commissioner Rademacher moved to approve said designation. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER VICTIMS OF CRIME ACT (VOCA) GRANT APPLICATION FOR VICTIM WITNESS
ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office, stated
this is a grant from the Colorado Department of Justice and it has been awarded to the Department for
several years. She stated the County match will be increased by $703.00 to equal a full match amount
of$8,855.00. She stated the Victims of Crime Act (VOCA) Program has advised the Department there
is less money available to be awarded this year, and there are a minimum of fifteen new projects applying
for the funding. In response to Chair Pro-Tem Jerke, Ms. Holden stated there is no assurance the grant
money will be received. She stated she is requesting$2,800.00 in addition to what was awarded last year.
She explained each year she generally requests a slightly higher amount and she has received it in the
past. She stated she only asks for the amount of grant funding which is needed, and she does not request
money for things which are not necessary. She explained previously the Department requested
$32,000.00 for all of the Victim Witness Units; however, this year staff has been asked to address the
amount needed for each specific project. In response to Chair Pro-Tem Jerke, Ms. Holden stated it is
unlikely the State would not award the Department any money;however,the entire requested amount may
not be granted. In response to Commissioner Garcia, Mr. Warden stated the County grant match funds
will available if the grant is approved since this will be for Calendar Year 2008 and is not from a previously
determined budget. Commissioner Rademacher moved to approve said grant application and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER VICTIMS OF CRIME ACT (VOCA) GRANT APPLICATION FOR WELD COUNTY LAW
ENFORCEMENT VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN: Susan Cvancara,
Sheriff's Office, stated this is a new project seeking funding. She stated the project is currently funded by
the Victim's of Crime Act (VALE) Board and the VALE Board has requested that the Program obtain
diversified funding. She explained the Department is only able to request half of the salary and benefits
for an assistant since the VALE grant is awarded twice a year. In response to Commissioner Rademacher,
Ms. Cvancara stated the grant request is in the amount of $26,754.00. In response to Chair Pro-Tem
Jerke, Ms. Cvancara stated the County match will be in the amount of $6689.00. In response to Mr.
Warden, Ms. Cvarcara stated the County is covering part of the expense. Commissioner Garcia moved
to approve said grant application and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously
CONSIDER REVISED GRANT APPLICATION FOR WELD COUNTY JUVENILE DIVERSION PROJECT
AND AUTHORIZE CHAIR TO SIGN: Kim Kinne, District Attorney's Office, stated the grant proposal
submitted requests a lower amount than was originally requested. She stated the Truancy Diversion
Program was removed from the proposal since it was discovered the Colorado Department of Justice does
not support programs of that nature; therefore, the Department is seeking alternative funding for the
Program. In response to Chair Pro-Tern Jerke, Ms. Kinne stated the County funds will stay the same;
however, there in an employee the Department will need to utilize less or obtain other funds for, to keep
the previous work schedule. Commissioner Garcia moved to approve said grant application and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER POUDRE RIVER TRAIL CROSSING STRUCTUREAGREEMENTANDAUTHORIZE CHAIR
TO SIGN - GREELEY IRRIGATION COMPANY: Chair Pro-Tern Jerke disclosed for the record that he
owns stock in a company which owns stock in the Greeley Irrigation Company; however, it is not a
controlling interest nor a substantial stake. Mr. Barker stated the agreement allows the County to cross
the#3 Ditch in order to construct the Poudre River Trail, and the crossing is located at a place which will
be beneficial for the Poudre River Trail and Ditch #3. He stated there were some liability provisions
removed from the agreement, and$5,000 will be paid for by the Poudre River Trail Corridor Board for the
Minutes, April 11, 2007 2007-1025
Page 3 BC0016
ditch crossing fee. Commissioner Garcia moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PARTICIPATION AGREEMENT FOR ALTERNATIVE FORMS OF PAYMENT SERVICES
BETWEEN BANK OF AMERICA, N.A.AND BA MERCHANT SERVICES,AND AUTHORIZE THE CHAIR
TO SIGN: Barb Connolly, Controller, stated the State Department of the Treasury previously accepted
bids with various banks to provide credit card services rates, and it was able to secure a better rate for
government agencies within Colorado. She stated this agreement is to accept the contract negotiated by
the State Department. In response to Chair Pro-Tem Jerke, Ms. Connolly stated the agreement will be
for payments being made to the County, and not for the County employee purchase cards. In response
to Commissioner Garcia, Ms. Connolly stated the rate will depend on the type of credit card; however,the
rate is approximately .02 percent. In response to Chair Pro-Tem Jerke, Ms. Connolly concurred the retail
rate is much higher. Mr. Warden stated the public has indicated they would like the option to pay with a
credit card; therefore, the County is working to provide the service. He stated the County may need to
utilize the provision for convenience fees at some departments, which is currently applied at the
Treasurer's Office. He further stated the Clerk and Recorder and Sheriff's Office have their fees set by
the State and convenience fees may need to be required to pay the credit card fee. In response to
Commissioner Rademacher, Ms. Connolly stated there are no more than 100 employee purchase cards.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Commissioner Garcia seconded the motion and stated he hopes individuals will use debit cards, rather
than credit cards. He stated people paying for license plates with credit cards is a sad and frightening
statement of American consumerism; however, he will support the motion due to the public desire for
flexibility in payment options. There being no further discussion, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR FULTON DITCH RIGHTS - PETROCCO FARMS AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the County has some additional water which may be
leased out from the Fulton Ditch, and this has been done in the past. He stated Steve Nyugen sent an
email recommending the County approve the lease agreement with Petrocco Farms. In response to Chair
Pro-Tern Jerke, Mr. Warden stated he can get back to the Board with the rate information. In response to
Commissioner Rademacher, Chair Pro-Tem Jerke stated one share is equal to one consumable acre.
Mr. Barker stated the lease fee provides the cost for the annual assessment. Chair Pro-Tem Jerke stated
historically the water rights have been leased for the cost of the annual assessment; however, the Board
needs to be sure the County is receiving the market rate. In response to Commissioner Rademacher,
Mr. Barker stated in the past the lease has not been made available for bid and it has not been advertised.
Commissioner Rademacher stated he is interested in seeing the figures in regards to market rates before
making a decision on this matter. Mr. Barker suggested delaying the motion until after the planning issue
is heard in order to allow him to try to find the answer to the Commissioners'questions via an email inquiry.
Upon returning to the matter, Mr. Barker had not received the required information, and he suggested
continuing the matter. Commissioner Garcia moved to continue the matter to April 16, 2007 to allow time
for Mr. Barker to research the answers to the Commissioners' questions. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR THE NORTHERN INTEGRATED SUPPLY PROJECT:
Mr. Barker stated this item is related to the next one since the Northern Colorado Water Conservancy
District is sponsoring the Northern Integrated Supply Project. Chair Pro-Tem Jerke stated the Northern
Integrated Supply Project is helpful because it provides 30,000 to 40,000 acres of potable water for use
in Northern Colorado without drying an acre of land by taking water from the South Platte River and
exchanging it with water from the Poudre River and water from the Poudre River is stored and used
domestically. He stated there is some environmental opposition,which he feels is not being mindful of the
agricultural repercussions of when farm land is dried out. Commissioner Rademacher moved to approve
said expression of support. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, April 11, 2007 2007-1025
Page 4 BC0016
CONSIDER EXPRESSION OF SUPPORT FOR THE CHATFIELD RESERVOIR REALLOCATION
PROJECT: Mr. Barker stated the expression of support uses the same language as the Senate Joint
Resolution which was passed approximately one month ago; however, it was modified to be specific to
Weld County. He stated the Chatfield Reallocation Project will enable Chatfield Reservoir to hold more
water which will be collected partly from storm run-off. Chair Pro-Tern Jerke stated this Project will hold
approximately 20,000 acres of water. He stated the project has the environmental community's support,
and the project manager is the Greenway Trail Project which is the group that manages the South Platte
Trail through the Denver metropolitan area. He further stated there are benefits for domestic use,
environment, agriculture, and recreation. Chair Pro-Tem Jerke stated this is a new style of water project
which is good for everyone. Commissioner Rademacher moved to approve said expression of support.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER NOTICE OF TERMINATION OF THE SECOND AMENDED MINING LEASE FOR DERR
PROPERTY FOR SAND, GRAVEL, AND AGGREGATE AND AUTHORIZE CHAIR TO SIGN: Mr. Barker
stated he intended to have the letter signed by the Chair and sent to the Derr family before this item was
placed on the agenda; therefore, the item may need to be on a future agenda. Chair Pro-Tem Jerke
explained there were conflicting ideas between the County and the Derrs regarding the responsibilities of
each party in the lease, and the differences were deemed irreconcilable. He stated the decision is to
provide the Derr brothers with the paperwork the County has thus far regarding obtaining a mining permit
and the County will purchase gravel from the Derr brothers as needed, and the Derr brothers will be able
to sell gravel to others as well. In response to Commissioner Rademacher, Chair Pro-Tem Jerke stated
the County did not get the money invested in the project back in gravel; however, the County would need
to spend more money to continue the partnership which may still not provide what the County needs. In
response to Commissioner Rademacher, Chair Pro-Tem Jerke stated there are not any other County
investments, such as equipment, on the property. Commissioner Rademacher moved to approve said
termination of the Second Amended Mining Lease and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF#1081 -GOLD STONE CENTER,
LLC: Brad Mueller, Department of Planning Services, stated the site is located between the Towns of
Nunn and Pierce, and it is a nine-lot rural subdivision. He stated the Departments of Public Works and
Planning Services have reviewed the request and recommend approval of the collateral, which has been
submitted in the form of a Letter of Credit in the amount of$157,517.15. Commissioner Garcia moved to
approve said agreement,authorize the Chairto sign,and accept collateral for Minor Subdivision Final Plan,
MF #1081. Seconded by Commissioner Rademacher, 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, April 11, 2007 2007-1025
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
//� 4O11111S3/44. WELD
WELD COUNTY, COLORADO
l/A, E
ATTEST: _EL,
FxcusFn
,�a m1 David E. Long, Chair
Weld County Clerk to the B •_ if
•-�was ell J
,��,,� -� William Jeri , 5o/rem
BY: . a 4 /afi ifito : e /
Dep ,t Clerk to the Board �'� i
William F. Garcia
EXCUSED
Robert D. Masden
.c a� .r e ,,n .�
Douglas ade ocher
Minutes, April 11, 2007 2007-1025
Page 6 BC0016
Hello