HomeMy WebLinkAbout20073360.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 24, 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, October 24, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem 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
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 22, 2007, as printed. Commissioner Rademacher 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 Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY FARMERS UNION DAY-OCTOBER 27,2007: Chair Pro-Tem Jerke read the certificate
into the record, proclaiming October 27, 2007 as Weld County Farmers Union Day.
PRESENTATIONS:
RECOGNITION OF SERVICES, BOARD OF ADJUSTMENT - CHAD AUER AND TONY EVANS: Chair
Pro-Tern Jerke read the certificates into the record, recognizing Chad Auer and Tony Evans for their
service on the Board of Adjustment.
RECOGNITION OF SERVICES, RETIREMENT BOARD-TONY MOLOCZNIK: Chair Pro-Tern Jerke read
the certificate into the record, recognizing Tony Molocznik for his service on the Retirement Board.
2007-3360
BC0016
/I/ R-o7
RECOGNITION OF SERVICES, NOXIOUS WEED MANAGEMENT ADVISORY BOARD - BENJAMIN
FARMER: Chair Pro-Tern Jerke read the certificate into the record, recognizing Benjamin Farmer for his
service on the Noxious Weed Management Advisory Board.
RECOGNITION OF SERVICES, COMMUNITY CORRECTIONS BOARD -JAMES FOX: Chair Pro-Tem
Jerke read the certificate into the record, recognizing James Fox for his service on the Community
Corrections Board. Mr. Fox was present to receive the certificate and stated he has enjoyed the six years
he has served on the Community Corrections Board. He further stated the Community Corrections Board
serves as a very important function and urged the Commissioners to place more emphasis on the Board.
Chair Pro-Tern Jerke stated he understands the Community Corrections Board functions in part to help
keep the community safe and prepares inmates for re-entry into the community. He concurred that the
functions of the Board are very important.
RECOGNITION OF SERVICES, AREA AGENCY ON AGING ADVISORY BOARD - BEVERLY DANIEL
AND GEORGE PHIL SHOVAR: Chair Pro-Tem Jerke read the certificates into the record, recognizing
Beverly Daniel and George Phil Shovar for their service on the Area Agency on Aging Advisory Board.
Commissioner Masden stated many of the people serving on Advisory Boards are volunteers who
contribute a large amount of time and energy to give back to the community in which they live. He stated
the County is privileged to have residents providing various services among the appointed Boards, and the
Boards help to provide a vital part of County services. Commissioner Rademacher concurred with
Commissioner Masden and expressed his appreciation to all volunteers which serve on the Advisory
Boards.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden stated he recently attended the
Energy Impact Hearings, and the committee considered 72 grant requests from across the State of
Colorado. He stated Weld County presented two grant requests,and the request for funds associated with
the County Road 2 Project was fully funded at the request of$1 million. He stated all the grant proposals
from Weld County and the municipalities within Weld County were well received and the funds received
will be helpful for the smaller municipalities to complete necessary construction on roads. Chair Pro-Tern
Jerke indicated changes for the severance tax are forthcoming, and he believes it is appropriate to host
a work session with members of the legislative interim committee, including Representative Jerry
Sonnenberg and Representative Randy Fisher from Larimer County. He further stated he would like to
discuss what type of legislature will be proposed since the proposals could create ramifications to the
funding received through these types of grants.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $360,766.90
Electronic Transfers - All Funds $304,400.67
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE REPLACEMENT OF BRIDGE NO. 13/54A - THOMPSON RIVER BID - DEPARTMENT OF
PUBLIC WORKS: Mr. Warden stated staff recommends acceptance of the bid from J.F. Sato and
Associates, in the amount of$27,927.50. In response to Chair Pro-Tern Jerke, Mr. Warden indicated the
Minutes, October 24, 2007 2007-3360
Page 2 BC0016
associated costs are for the design portion of the project, and the project will be completed in conjunction
with Larimer County. Commissioner Masden moved to approve said bid, based upon staffs
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER REVISIONS TO RETAC BIENNIAL PLAN AND AUTHORIZE CHAIR TO SIGN: Dave
Bressler, Director of Paramedic Services, stated the revisions are for the yearly update of the RETAC
Biennial Plan, which depicts what the Department intends to do with the funds received for the upcoming
year. He stated the funds will be utilized for the prevention programs, including the Alcohol and Risk
Related Trauma in Youth Program, Safe Kids Colorado, and the Buckle Up/Car Seat Safety Program. He
further stated funds were also received through a cooperative effort with North Colorado Medical Center
and backboards will now be cleaned through an automated process so that paramedics are not exposed
to potential biohazards. Commissioner Rademacher moved to approve said revisions and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN CRS 53 AND 55: Leon Sievers, Department
of Public Works, stated County Road 16, between County Roads 53 and 55, will be closed from
November 5, through November 9, 2007, for culvert replacement over the Montgomery Lateral Ditch. He
stated the average daily traffic count on County Road 16 is approximately 68 vehicle trips per day, and
water will be utilized for dust control, if necessary. Commissioner Masden moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER POSSESSION AND USE AGREEMENT CONCERNING CERTAIN IMPROVEMENTS TO
CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - BRIDLE CREEK, LLC:
Mr. Sievers stated this is the tenth parcel to be acquired for the County Road 13 Improvement Project, and
the parcel is located on the east side of County Road 13, north of County Road 8. He stated the
Department is still completing negotiations regarding the value of the property; however, the landowner
has agreed to the Possession and Use Agreement to allow road construction activities to begin. He further
stated the current offer is to acquire 1.818 acres of right-of-way in the amount of $43,452.00, which
equates to $24,000.00 per acre, to acquire 0.008 acre of permanent easement in the amount of$96.00,
which is approximately fifty percent of the land value, and to acquire 1.522 acres of temporary construction
easement, in three parcels, for a total amount of$3,677.00. Mr. Sievers stated all values are based upon
an appraisal report supplied by Foster Valuation Company,and an additional reimbursement in the amount
of $6,323.00 for the cost of the appraisal secured by the landowner; therefore, the total compensation
offered to the landowner is in the amount of$53,548.00. He clarified the agreement allows for negotiations
to continue for a period of up to 90 days, and if no agreement is reached within that time, the Department
will begin eminent domain proceedings; however, he is confident an agreement will be reached with the
landowner. In response to Chair Pro-Tem Jerke, Mr. Sievers clarified the County may begin construction
activities; however, the amount of reimbursement may be modified. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13,AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-TIMYAN
BLACK: Mr. Sievers stated this is the eleventh parcel to be acquired for the County Road 13
Improvements Project, and the parcel is located on the west side of County Road 13, south of County
Road 12. He stated approximately 461 square feet of right-of-way will be acquired in the amount of
$1,152.50, which is $2.50 per square foot. He stated the compensation value was provided through an
appraisal report from H.C. Peck and Associates. He further stated 3,383 feet of temporary construction
easement will be acquired in the amount of$845.75, which is approximately ten percent of the land value,
and reimbursement, in the amount of$1,050.00, will be provided to the landowner for the replacement of
Minutes, October 24, 2007 2007-3360
Page 3 BC0016
landscaping, sod, bushes, and a tree. He clarified the total compensation to be provided to the landowner
is in the amount of $3,048.25. In response to Commissioner Masden, Mr. Sievers indicated this small
parcel is located near the City of Dacono and the values within the area indicate $2.50 per square foot is
an acceptable value. He further stated the reimbursement costs are provided to the landowner for
modifications to the front yard of the property. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR CR 59 AND AUTHORIZE
CHAIR TO SIGN - BRAD AND SCOTT COCKROFT DAIRY, LLC: In response to Chair Pro-Tem Jerke,
Bruce Barker, County Attorney, indicated this item of business involves the same property for the Show
Cause Hearing regarding Use by Special Review Permit#1602, scheduled before the Board at 10:00 a.m.
Don Carroll, Department of Public Works, stated this item of business concerns the dust abatement
measures required through the Development Standards of Use by Special Review Permit #1602.
Mr. Barker advised the Board to continue this item for discussion after the 10:00 Show Cause Hearing, and
the Board concurred. (CLERK'S NOTE: Upon reconvening the Board meeting, following the 10:00 land
use hearings, Chair Long is now present for this item of business, and he began Chairing the meeting.
He called up New Item of Business#5 to be discussed.) Mr. Carroll stated the agreement will provide for
dust abatement measures to take place on County Road 59, which provides access to the scale house at
the dairy. He stated the haul route was established in order to keep the heavy amount of truck traffic away
from as many surrounding residences as possible. He indicated there are currently three existing
residences along the haul route, and the agreement states the applicant shall apply dust abatement for
a length of 300 feet in front of each residence, a minimum of twice per year, not to exceed five times per
year. In response to Commissioner Jerke, Mr. Carroll stated the necessary frequency for the application
of dust abatement will be determined by the Department of Public Works, Motor Grader Supervisor. He
further stated the agreement is required through Development Standard #10 of Use by Special Review
Permit #1602. Responding to Commissioner Masden, Mr. Carroll indicated the agreement previously
contained language which stated the dust abatement applications were to take place as needed; however,
the applicant wanted to ensure the costs for the applications could be budgeted on a yearly basis,
therefore, it was agreed that no more than five applications in any given year would be necessary. Mr.
Gathman read Development Standard #10 into the record, and clarified the language within the standard
states the dust abatement applications shall not exceed five per year. Commissioner Rademacher moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER AUTHORIZATION TO CERTIFY EXPENSES TO THE WELD COUNTY TREASURER
INCURRED IN THE ABATEMENT OF A DANGEROUS BUILDING KNOWN AS THE RESIDENTIAL
STRUCTURE LOCATED AT 33039 COUNTY ROAD 39, LUCERNE, COLORADO, TITLED TO
RICHARD J. GERSTENBERGER: Stephanie Arries, Assistant County Attorney, stated the Board
approved the abatement of the building located on the site, and a bill was sent to Richard Gerstenberger,
property owner; however, the bill remains unpaid. She stated the associated costs will be certified so that
they may be added to the tax roll for the property in 2008. She further stated two individuals have
expressed interest in acquiring the property, including one who has already paid for some of the back taxes
on the property. Ms.Arries explained there are currently negotiations concerning the property,and another
gentleman also desires to acquire the property. She stated it is appropriate to add the expenses to the
taxes received in 2008 so that there are no surprise costs to any future purchaser of the property. In
response to Chair Pro-Tern Jerke, Ms.Arries indicated a tax lien, in the amount of$5,380.00, plus the cost
of the $1,200.00 asbestos study, will be placed upon the property. Responding to Commissioner
Rademacher, Ms. Arries indicated she has never been in direct contact with Mr. Gerstenberger and
explained she has sent all correspondence by certified mail to the post office box of Mr. Gerstenberger,
and none of the mail has ever been returned. She stated she understands that Mr. Gerstenberger resides
Minutes, October 24, 2007 2007-3360
Page 4 BC0016
with various family members and has at times been homeless,therefore,all correspondence has been sent
to the post office box to be delivered to Mr. Gerstenberger. Further responding to Commissioner
Rademacher, Mr. Barker indicated he believes there has been sufficient contact with Mr. Gerstenberger
regarding this matter, and he stated the Assessor's and Treasurer's Office have also made contact with
Mr. Gerstenberger. He stated the Department of Planning Services has also sent numerous items through
certified mail, and he believes Mr. Gerstenberger is receiving the notices; however, he is most likely
ignoring the notices. Mr. Warden indicated the title of the Resolution contains an error, and the expenses
should be certified to the Treasurer instead of the Assessor. Commissioner Rademacher moved to amend
said title. Seconded by Commissioner Garcia, the motion carried unanimously. Commissioner Masden
moved to approve said authorization. Seconded by Commissioner Garcia,the motion carried unanimously.
Chair Pro-Tem Jerke issued a recess in order to complete the land use hearings scheduled for 10:00 a.m.
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 3:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
r, it tl r
ATTEST. ' . i EXCUSED
'V.i David E. Long, Chair
Weld County Clerk to the Board 361 '
' 'William H. Je , Pro-Tem
BY: 4t4 a r �W�1 . \ �� 2
Dep t Clerk the Board
William . Garcia
Robert'D. Masden
Ca,
Douglas ademacher
Minutes, October 24, 2007 2007-3360
Page 5 BC0016
Hello