HomeMy WebLinkAbout20062372.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 28, 2006
TAPE #2006-31
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, August 28, 2006, 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 M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
Commissioner William H. Jerke - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 23, 2006, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 23, 2006, as follows: 1) USR #1467 - Eastman Kodak Company/Broe Land
Acquisitions II, LLC, do Petro-Canada Resources (USA) Inc. Commissioner Masden 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 Masden moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
2006-2372
BC0016
Q Y-U'7-OG
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF BUILDINGS AND GROUNDS - MICHAEL HAYS:
Chair Geile read the certificate into the record, recognizing Michael Hays for ten years of service in the
Department of Buildings and Grounds. Mr. Hays stated he has worked with a fine group of people, is
happy to have served the County, and his experience has been a pleasant one. Steve Boeck, Department
of Buildings and Grounds, stated he appreciates everything Mr. Hays has done for the County and the
horrible hours he has worked. Commissioner Masden stated he will miss seeing him. He stated the
Commissioners also work unusual hours at times and it made him feel secure to know Mr. Hays was there.
He stated the Board appreciates the high standard of work done by Mr. Hays and the amount of pride he
put into his work. He stated security is an increasingly important item and Mr. Hays has done a great job.
Commissioner Long stated Mr. Hays was thorough, pleasant, courteous, and friendly. Chair Geile stated
his performance has been outstanding, the Board appreciates all he has done to help them and the
citizens of Weld County, and wished him the best in his retirement.
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 $800,155.96
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE MOTORGRADER SWAP PROPOSAL - COLORADO MACHINERY: Jeff
Jerome, Department of Public Works, stated this is a proposal by Colorado Machinery to replace two of
the County's motorgraders with two brand new, 2007, motorgraders. He stated the swap would be at the
expense of Colorado Machinery and benefits the company because it builds their rental fleet,allowing them
to resell and rent out reliable used equipment. He stated in 2004 Colorado Machinery exchanged some
of the County's 2002 motorgraders for2005 motorgraders,and in this swap proposal,Colorado Machinery
will swap out two of the twelve motorgraders the County leases fortwo 2007 motorgraders. Commissioner
Masden stated the proposal appears to be a good deal for the County. In response to Commissioner
Masden, Mr. Jerome stated the swap is for the remainder of the lease period, which is two more years.
He stated John Deere offers this swap to 20 motorgraders across the country. Commisisoner Masden
stated the County is lucky to receive two of those 20 motorgrader updates. In response to Chair Geile,
Mr. Jerome stated the County has had good experiences with John Deere. Further responding to Chair
Geile, he stated there is no expense to the County for the swap. Mr. Warden stated John Deere has done
this for the County for several years for items such as backhoes. He further stated John Deere gets the
manufactor's government prices and are able to provide a supply for the used market at a good price
through these swaps. Commissioner Masden moved to approve said proposal. Seconded by
Commissioner Long, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
J. MONTES, INC., DBA EL RODEO NIGHT CLUB (CON'T FROM 8/07/06): Bruce Barker, County
Attorney, stated Commissioner Jerke had voiced a concern about the identification that is required under
House Bill 1023;therefore,the renewal was continued until the guidelines from the Department of Revenue
were received. He stated the rules are that for a corporation, LLC partnership, it is not required that
identification is collected because the corporations are entities; however,when individuals apply for liquor
licenses the County will be required to collect identification. He stated the Sheriff's Office has no concerns.
Minutes, August 28, 2006 2006-2372
Page 2 BC0016
No representatives of El Rodeo were present. Commissioner Long moved to approve said renewal.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL CONTRACT FOR INTENSIVE SUPERVISION PROGRAM
SERVICES AND AUTHORIZE CHAIR TO SIGN (CON'T FROM 08/21/06): Serena Dodder, Department
of Community Corrections Board, stated these contracts are to extend funding in order to continue the
Intensive Supervision Program (ISP). She stated the parole office utilizes the ISP for 75-100 parolees
each month who have behavioral and mental health problems. In response to Chair Geile, Ms. Dodder
stated there are both residential and non-residential clients in the program. Commissioner Masden moved
to approve said contract. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER RESOLUTION RE: CANVASS BOARD CERTIFICATION OF ELECTION FOR
AUGUST 8, 2006 PRIMARY ELECTION: Mr. Barker stated this is the typical acceptance of the Canvass
Board certification. In response to Chair Geile, Mr. Barker stated all of the equipment worked well during
the primary election. Commissioner Long moved to approve said Resolution. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER FIRST AMENDMENT TO THE ESTABLISHING CONTRACT FOR THE NORTHWEST
PARKWAY PUBLIC HIGHWAY AUTHORITY AND AUTHORIZE CHAIR TO SIGN: Cindy Giauque,
Assistant County Attorney, stated it has come to the County Attorneys'attention that a necessary provision
for distribution, which other Highway Authorities include in their establishing contracts, was not initially
included in the County Contract. In response to Chair Geile, Ms. Giauque stated paragraph 14 in the
Establishing Contract stated upon dissolution, the Public Highway Authority would distribute assets in a
certain manner; however, it only addressed the event of dissolution of the Highway Authority and did not
provide for any other distributions, and the amendment will change the paragraph to provide for other
potential distributions. Commissioner Masden stated this is a much needed amendment and Ms. Giauque
has done a great job putting this together, and he moved to approve said amendment. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY, COLORADO DIVISION: Mr. Warden stated this is a standard agreement
under Senate Bill 118 for companies that meet the criteria of either a fifty percent expansion ora one-million
dollar increase to personal property taxes. He stated Eastman Kodak is adding six-million dollars worth of
new production equipment which will fall under the personal property roles and will give the company the
50 percent rebate of the personal property tax over a ten-year period in the amount of$230,000.00, and
approval is recommended. In response to Commissioner Masden, Mr. Warden stated to his best
knowledge, the workforce will be maintained, however, not increased with the addition of the new
equipment. Commissioner Masden stated this will help keep them as a mainstay employer in the region.
Commissioner Masden moved to approve said agreement. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER ACCEPTANCE OF 2006 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden stated there is not a representative of the Assessor's Office present. He stated this is the
assessed value from 2006 that will be used in the 2007 budgets for all taxing jurisdictions in Weld County.
He stated the assessed value less the tax increment is $4,184,249,430.00, which is an increase of
$573,215,860.00 which equals a 16 percent increase. He stated the bulk of the increase is in oil and gas
which equaled $457,000,000.00, and is a 36 percent increase. He stated the next largest increase is
residential which increased $80.6 million dollars, and other increases occurred with commercial and
industrial. He stated state assessed and vacant property assessments went down. In response to Chair
Minutes, August 28, 2006 2006-2372
Page 3 BC0016
Geile, Mr. Warden stated the bottom line is $4,184,249,430.00, which is a 16 percent increase compared
to last year. Chair Geile stated it is important to communicate this information to the press and the public,
and suggested the Board issue a news release. Mr.Warden stated the Assessor's Office may have already
issued a news release, and he will verify it has been done. Commissioner Masden moved to approve said
agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 5 BETWEEN STATE HIGHWAY60 AND WCR 48: Frank
Hempen, Jr., Director of Public Works, stated the Department is requesting closure of a section of Weld
County Road 5,from today through August 31,2006,for the purpose of redecking a bridge. No public input
was given. Commissioner Long moved to approve said closure. Seconded by Commissioner Masden,the
motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXCHANGE OF ROADWAY JURISDICTIONS
AND AUTHORIZE CHAIR TO SIGN-COLORADO DEPARTMENT OF TRANSPORTATION: Mr. Hempen
stated the proposal is for Weld County and the Colorado Department of Transportation(CDOT)to exchange
roadway jurisdictions. He stated there have been years of discussion between Weld County, La rimer
County, and CDOT regarding fundamental principles of road maintenance, and it was determined CDOT
should maintain longer regional connective roads, and the cities and/or counties should maintain local
roads. He further stated the County has for some time discussed the potential of exchanging the County's
section of Road 392 with CDOT, which would make it State Highway 392 continuously from where it ends
now at State Highway 37, located east of the airport and directly North of Gill, to State Highway 14. He
further stated, in exchange, Weld County would assume the maintenance responsibilities for the
unincorporated portion of State Highway 263, in particular, from the eastern airport driveway easterly to its
intersection with State Highway 37, and from 392 South to US Highway 34, and to State Highway 256,
between State Highway 60 and US Highway 85, south of LaSalle. Mr. Hempen stated CDOT has a general
philosophy that they will not accept additional mileage; therefore, the County cooperated with Larimer
County and Fort Collins to determine an equitable combination of roads to exchange with CDOT. He stated
State Highways 37, 263, and 256 would become local jurisdiction roads for Weld County, and Larimer
County Road 32, which is an extension of Road 392, would be assumed by CDOT. He stated Larimer
County would assume the responsibility of a short segment of State Highway 56 and State Highway 66 in
Estes Park. He stated the Larimer and Weld County officials and CDOT agreed to the exchange, and
Larimer County and Fort Collins signed an agreement that the proposed exchange makes sense for their
locations. He stated an open house was held on May 23, 2006 to gather public input on the proposal and
the County sent out 350 notices to property owners, and six land owners attended the open house. He
stated of the six attendees, four submitted written comments. He stated three of the four individuals
indicated they are not opposed to the exchange, and the fourth property owner expressed concerns about
snow and ice control. Mr. Hempen stated prior to the meeting, ten calls were received by the Department,
and a summary of phone calls has been provided for the record. He stated the two key issues the calls
were regarding were snow and ice control and address changes. He stated regarding snow control, CDOT
plows and intermittently spreads sand and salt mixtures on hills, intersections, and curves, and after initial
efforts are complete, CDOT spreads sand and salt mixtures on snow-packed and other critical areas as
needed. He stated the policy is very similar to the Weld County Department of Public Works' policy. He
stated in regards to the other issue, address changes will occur with the switch in jurisdiction because
CDOT prefers State Highway is not used in the title of a road that is not under state jurisdiction.
Mr. Hempen stated in the exchange Weld County Road 392 will become State Highway 392,State Highway
263 will be changed to Weld County Road 60.5, State Highway 37 will be changed to Weld County Roads
53, 55, and 60.5, and State Highway 257 will be changed to Weld County Road 44. He stated in response
to questions about when the exchange will take place, it will take approximately 30-45 days to consummate
the exchange of quick claim deeds if the Board approves the exchange today. He further stated the
exchange will not be considered by the State Highway Commission until October, at the earliest, and the
County intends to provide continuous snow and ice control through the winter, and it is important to give
Minutes, August 28, 2006 2006-2372
Page 4 BC0016
residents along the changed routes time to complete the address change transitions; therefore, the
Department recommends April 1, 2007 as the official exchange date. He stated the Department
recommends the Board sign the Memorandum of Understanding. In response to Chair Geile, Mr. Barker
stated after the exchange of quick claim deeds, the accesses and public utilities will remain the same;
however, the County interests and responsiblities will be transferred to the state, and vice versa. Rick
Gable, CDOT Program Engineer, Gloria Highsidler, CDOT Region Four Access Manager, and Philip
Anderly,CDOT Deputy Maintenance Superintendent for Region Four, introduced themselves to the Board.
Mr. Gable thanked Mr. Hempen for his efforts in putting the exchange together and stated it has been quite
an endeavor and that the groups have worked on organizing the exchange for two years. He stated Weld
County will be the last group to sign the Memorandum of Understanding. He stated it will be beneficial to
everyone, and that the Highway 392 corridor doesn't make sense as a regionally significant corridor. He
stated the exchange will help CDOT fulfill their obligation of maintaining the regionally significant corridors.
Chair Geile stated the commissioners from CDOT have been adamant in the past that any exchange be
equal, mile for mile, and in the proposed exchange CDOT would receive 22.5 miles and the County would
receive 22.6 miles; therefore, the exchange is for an equal amount of lane miles. In response to Chair
Geile, Mr. Gable stated the approval of the exchange by the CDOT commissioners will be the final step in
the process. Commissioner Masden stated the exchange has been in the works for a couple of years and
expressed his appreciation for what Mr. Hempen has done in collaboration with CDOT. In response to
Chair Geile, Virginia Harvey, property owner, stated she had several questions for the CDOT
representatives about upgrading culverts, maintenance, and railroad rights-of-way. She stated the open
house invitation was received, however, she was unable to attend due to health issues. In response to
Ms. Harvey, Mr. Gable stated there are no road upgrade plans, however, routine maintenance will be done
by CDOT. Further responding to Ms. Harvey he stated speed limits and drainage issues will be investigated
on a case by case basis. Ms. Harvey stated several years ago a similar exchange occurred in which the
County did not realize it owned the railroad right-of-way, and quick claim deeds were used to resolve the
situation. Ms. Harvey stated there is currently no maintenance of the rail road by the County and each
property owner manages a 15-20 mile section. Mr. Barker stated the County does not have jurisdiction over
the property; therefore, CDOT will not have jurisdiction over the property. Chair Geile stated there are
resources available for property owners to obtain information and resolve issues. In response to Chair
Geile, Mr. Hempen stated until April 1, 2007, property owners can contact the Weld County Department of
Public works, and after that date CDOT will be the contact point for citizens. There was no additional public
input. Commissioner Long moved to approve said Memorandum. 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, August 28, 2006 2006-2372
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
S I'e, BOARD OF COUNTY COMMISSIONERS
y WELD COU QTY, COLORADO
ATTEST: J4411/40 el
V.C�, +. . I. J. ei e, air
Weld County Clerk to the Board
David E. Long, Pro-Tem
BY: A) - �
Depu Clerk t e Board EXCUSED
Wi ' m . JerkN}
Robe D. Masd�n '
EXCUSED
Glenn Vaad
Minutes, August 28, 2006 2006-2372
Page 6 BC0016
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