HomeMy WebLinkAbout20072799.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 10, 2007
TAPE#2007-27
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, September 10, 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 - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdpm
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 5, 2007, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 5, 2007, as follows: 1) PZ #1131 - Robert Buderus, c/o TEAM Engineering;
2)PZ#1130-Gary,Vicky, Bryon, and Jaime Mackey, and Michael Cohrs; and 3)Serbousek Family, LLC,
c/o Merrick and Company. Commissioner Jerke 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 Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CLERK AND RECORDER'S OFFICE-DONNA CHANDLER: Chair Long
read the certificate into the record, recognizing Donna Chandler for nine years of service with the Clerk
and Recorder's Office. Steve Moreno, Clerk and Recorder, expressed his appreciation to Ms. Chandler
for her service and stated she will be missed. He invited the Board to attend the retirement party being
held for Ms. Chandler on Friday, September 14.
2007-2799
BC0016
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BANNER HEALTH 2007 PERFORMANCE EXCELLENCE VISION AWARD - WELD COUNTY
PARAMEDIC SERVICE: Chair Long expressed his appreciation to Dave Bressler, Director, Weld County
Paramedic Service, for the vision to implement the Cardiac Alert Program and stated the Weld County
Paramedic Service has talented and dedicated employees. Mr. Bressler stated one Banner Vision Award
is presented each year nationwide, and the Cardiac Alert Program competed in the benchmark and
performance criteria. He clarified the national standard for cardiac care is 90 minutes, and locally the
response time averages less than 60 minutes, and in several instances, less than 15 minutes. He stated
the Program deserves recognition due to the hard work involved, and he expressed his appreciation to
Paul LaFleur, Mitch Wagy, and Rod DeRoo, for their contributions to the Program. Commissioner
Rademacher expressed his appreciation to Mr. Bressler and the whole Paramedic Service crew for their
dedication and service provided. Chair Long reiterated his appreciation to the Paramedic Service crew.
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 $855,020.85
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TOWN OF JOHNSTOWN: Leon Sievers,
Department of Public Works, stated the Town of Johnstown is seeking a 20-foot exclusive permanent
easement through the motorgrader shed property located within the Town. He stated the easement is
0.28 acres in size and will be utilized for the construction of a 48-inch storm sewer line across the property.
He stated the Town will provide reimbursement in the amount of$500.00, which is comparable to similar
values for easements. He stated the Department of Public Works recommends approval. In response to
Commissioner Jerke, Mr. Sievers stated the easement will bisect the lot; however, the lot size is sufficient
for any required expansions. He clarified the lot is approximately 800 feet by 600 feet in size. Further
responding to Commissioner Jerke, Mr. Sievers stated structures may be placed on top of the permanent
easement; however, if repairs are required to the storm sewer line, any structures would need to be
removed or demolished. Commissioner Jerke requested a work session be scheduled to discuss the
matter in depth and stated the easement should run along the boundaries of the property. Mr. Sievers
confirmed he will schedule a work session,and clarified the negotiation process began in November 2006,
therefore he does not believe a continuance of the matter will present a problem. Commissioner Jerke
requested the Town of Johnstown, Department of Public Works Director, be invited to attend the work
session. Upon conferring with the Acting Clerk to the Board, Commissioner Jerke moved to continue said
agreement to September 24, 2007, at 9:00 a.m. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 13 AND
AUTHORIZE CHAIR TO SIGN - SHIRLEY LANDWEHR: Mr. Sievers stated this is the eighth of fifteen
temporary construction easements to be acquired for the County Road 13 Strategic Road Project south
of State Highway 52. He stated the property is located on the east side of County Road 13, and south of
County Road 12. He further stated 3,606 square feet of temporary construction easement will be acquired
for an amount of $300.00, which is the minimum allowable reimbursement amount. Commissioner
Rademacher moved to approve said easement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, September 10, 2007 2007-2799
Page 2 BC0016
CONSIDER LONG-TEM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE
CHAIR TO SIGN -ASSOCIATED PIPE LINE CONTRACTORS, INC.: Don Carroll, Department of Public
Works, stated a 42-inch natural gas pipeline will be installed within the northeastern portion of Weld
County,and the Improvements Agreement covers maintenance and improvements for the designated haul
route. He clarified heavy trucks will haul in the necessary pipe, and the company is responsible for any
repair to damages created by the truck traffic. He stated the placement of the pipeline will be
accommodated through private easements, and the pipeline is federally regulated, therefore, it will not
proceed through the County's process for a Use by Special Review Permit. He further stated the
Department of Public Works recommends approval. In response to Commissioner Jerke, Mr. Carroll
reiterated all sections of the pipeline will be placed underneath private property and not within road
right-of-way. Commissioner Rademacher moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF CRS 128.5 AND 149 - CERVI ENTERPRISES,
BURNS RANCHES, AND STATE BOARD OF LAND COMMISSIONERS: Mr. Carroll stated a petition to
vacate a portion of County Roads 128.5 and 149 was received from the three applicants listed, all of which
have frontage to the portions of roads to be vacated. He stated the petition was circulated through the
Department of Public Works, and the Department recommends retaining the existing rights-of-way as it
is very costly to replace right-of-way. In response to Chair Long, Mr. Carroll stated the roads are
maintained by Weld County, and all of the property owners which border the sections of the roads were
notified of today's hearing. Responding to Commissioner Garcia, Mr.Carroll stated an existing ranch road,
which is not maintained by the County, exists to the east of the area of the proposed vacation. He further
stated the State Land Board of Commissioners has signed the petition, indicating support of the request.
Jim Coakley, representing Cervi Ranches, stated the roads are mostly utilized by employees of the Cervi
and Burns Ranches. He clarified that all of the surrounding lands are owned by Cervi Enterprises and
County Road 128.5 passes right in front of the headquarters for the Cervi Ranches. He stated the property
is left open to potential tampering if the road remains public, and Burns Ranches has traffic which tends
to get lost and ends up driving in the yard. He explained the ranch road mentioned by Commissioner
Garcia contains a dead end, and the area is very remote. He stated the petitioners would like to keep
unncessary traffic off of the yards of the ranches and would prefer to provide maintenance as a private
road.
No public testimony was offered concerning this matter.
Mr. Carroll indicated the Department recommends the rights-of-way be retained,therefore, it recommends
denial of the petition. Mr. Coakley explained the County is spending money to provide maintenance for
these roads; however, only ranch traffic utilizes the roads.
Chair Long indicated he would like to hear input from other property owners within a larger area. He stated
many motorists within the area might be caught off-guard if the roads were to be closed to public traffic.
CommissionerJerke concurred with Chair Long,and stated he would like to know how many motorists may
utilize this road, even on an occasional basis. In response to Chair Long, Mr. Barker recommended notice
be sent to property owners who may utilize the road, and suggested the matter be continued to obtain
additional input. Mr. Coakley clarified all of the property within several sections to the east of County
Road 149 is owned by Cervi Enterprises. Mr. Carroll clarified no property owners will be landlocked
through the vacation of the portions of roads, and suggested signs be placed along the road for solicitation
of additional comments. Chair Long stated County Road 128.5 has been built to County standard, and
he does not want access to be hampered in the future; however, he would prefer to obtain additional
comments from other surrounding property owners. Upon conferring with the Acting Clerk to the Board,
Minutes, September 10, 2007 2007-2799
Page 3 BC0016
Commissioner Garcia moved to continue the matter to October 8, 2007, at 9:00 a.m. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PARAMEDIC SUPPORT TO GREELEY SWAT
TEAM AND AUTHORIZE CHAIR TO SIGN -CITY OF GREELEY POLICE DEPARTMENT: Mr. Bressler
stated the agreement has been reviewed by the County Attorney's Office, and has been in negotiations
for over six years. He explained the Greeley SWAT Team has requested an Emergency Medical Services
(EMS) staff member be available to the SWAT Team on an as-needed basis. He stated the agreement
for a designated staff member will be beneficial since an ambulance crew will not be tied up and kept from
answering other emergency calls. He clarified designated employees will receive the necessary training
to stay on-scene with the SWAT Team during an operation, and would take the place of an ambulance
team on standby. He further stated the ambulances which respond to emergency calls would not be tied
up for extended amounts of time, enabling better response to emergency calls. Mr. Bressler stated the
designated staff member will have direct communication with dispatch operators and other law
enforcement officials, and will be able to provide the appropriate resources, as necessary. In response
to Commissioner Rademacher, Mr. Bressler stated the designated employee will be notified of the
operation, and will pick up a staged ambulance to take to the scene of the operation. Commissioner Jerke
expressed his concerns about an employee being placed in the middle of a dangerous situation at the
scene of an operation. In response, Mr. Bressler stated when an operation rises to an emergency level,
another ambulance may be dispatched to the scene. He clarified the operations have a full-duty crew on
standby, expecting a short-term operation; however, many times the operation is on-going for several
hours. He stated designated staff will be at the scene with a fully stocked ambulance, and possibly a
partner, if it is deemed necessary.
In response to Commissioner Rademacher, Mr. Bressler stated he does not currently have the statistics
of how many times EMS care has been necessary during SWAT Team operations. Mr. Warden stated
the Sheriff has proposed the conception of a Rapid Response Team with funds derived from the 2008
Budget, therefore, this service may be necessary for additional agencies within the future. Mr. Bressler
clarified many agencies also utilize assistance from local fire departments due to distance and response
time issues; however, many of the employees within the local fire departments are volunteer employees.
He clarified the agreement provides for coordination with dispatch when additional staff or resources are
necessary. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT#1376-JENNIFER BARGEN:
Chris Gathman, Department of Planning Services, stated Jennifer Bargen has requested Use by Special
Review Permit#1376,for a landscaping materials yard,be partially vacated,as required through Recorded
Exemption #4670. He stated the vacation will remove approximately five acres located within the
southeast corner of the property, and the vacation will not impact the operations of the landscaping
materials yard. Commissioner Jerke moved to approve said partial vacation. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING WIND MONITORING TOWERS AND FORM OF
COLLATERAL AND AUTHORIZE CHAIR TO SIGN - BRITISH PETROLEUM (BP) WIND ENERGY
NORTH AMERICA, INC.: Mr. Gathman stated British Petroleum (BP) Wind Energy North America, Inc.,
has requested early release of building permits for five wind monitoring towers, to determine feasibility for
the placement of a wind energy facility. He stated the applicant will apply for a Use by Special Review
Permit no later than October 1, 2008, and in the event that the application is denied, the applicant will be
required to dismantle the towers and return the property to its original condition within six months. He
further stated the applicant has provided collateral, in the amount of $14,375.00, to cover the cost to
Minutes, September 10, 2007 2007-2799
Page 4 BC0016
remove the wind towers if it is determined that the wind energy facility is not feasible. In response to
Commissioner Rademacher, Mr. Gathman stated the sites are generally located within the northeast
portion of Weld County, and encompass five separate sections within a remote area. He further stated
the sites for the placement of the five towers are all adjacent to County Roads, and are located east of the
current Cedar Creek Wind Energy facility. Further responding to Commissioner Rademacher, Mr.
Gathman stated the applicant has obtained lease agreements for the placement of the wind monitoring
towers, and the towers will be approximately 100 feet in height. In response to Mr. Barker, Mr. Gathman
stated adjacent landowners were not notified; however, the applicant has secured the necessary lease
agreements. Responding to Commissioner Jerke, Mr. Gathman stated the Use by Special Review Permit
application may contain permission for the use of up to approximately 100 towers, and the facility will not
be as large as the current Cedar Creek facility. Commissioner Jerke moved to approve said agreement,
accept said collateral, and authorize the Chair to sign. 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.
There being no further business, this meeting was adjourned at 9:50 a.m.
1 ��� BOARD OF COUNTY COMMISSIONERS
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ATTEST: N . _ACwt C
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1�.-� David E. Long, Chair
Weld County Clerk to the Boa t` %
tWit
t Williamf Je ke, Pro-Tem
DeBY:c\ ty Cle to the Boatd
William F. Garcia
EXCUSED
Robert D. Masden
ougla ademacher
Minutes, September 10, 2007 2007-2799
Page 5 BC0016
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