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Home My WebLink About20061922 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 17, 2006 TAPE #2006-25 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, July 17, 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 - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad 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 July 12, 2006, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on July 11, 2006: 1) Violation Hearings; and July 12, 2006, as follows: 1) USR #1551- Great Western Oil and Gas Company, LLC. 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 Vaad moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2006-1922 BC0016 ev7• o2S—O� WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $1,443,487.16 Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER CANCELLATION OF 2006 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Warden stated these cancellations total $15,330.90 and have been deemed non-collectable for various reasons. He further stated the cancellations are identified only by account number, in accordance with HIPAA regulations. Commissioner Vaad moved to approve said cancellation. Seconded by Commissioner Masden,the motion carried unanimously. CONSIDER RESOLUTION RE: CHANGE FUND FOR DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, NORTH COUNTY: Mr. Warden recommended establishment of a change fund in the amount of$200.00. He stated the new fee to obtain a birth or death certificate is $17.00, which requires more one-dollar bills for the employees to make change. He further stated the Department is expecting an increase in the amount of requests for birth certificates due to the new immigration laws. Commissioner Masden moved to approve said Resolution. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER TWO PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS MIGRANT/SEASONAL HEAD START PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated these are mental health agreements for the Western Slope, one in Grand Junction and one in Montrose. Commissioner Vaad moved to approve said agreements. Commissioner Masden seconded the motion. In response to Commissioner Jerke, Mr. Speckman stated the mental health services are provided for Head Start children and their families. He further stated when participants are eligible for the Head Start Program, they are eligible for all the services included in the Program, including mental health care. Mr. Speckman stated entire families are eligible for the Head Start Program services, not only the children. He further stated any federally mandated law has precedence over state or local laws. There being no further discussion, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR 2006-2007 WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is a plan modification to reflect new funding levels. In response to Commissioner Vaad, Mr. Speckman stated PY06 stands for fiscal year 2006. He further stated the Workforce Investment Act has not yet been reauthorized. Commissioner Vaad moved to approve said authorization. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR WORKFORCE INVESTMENT ACT 10% YOUTH PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr Speckman stated this a $1,000.00 award to work with youth involved in the Workforce Investment Act and will be used to purchase incentives for youth who successfully complete goals in the Program. Commissioner Vaad moved to approve said authorization. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -COLORADO YOUTH CORPS ASSOCIATION: Mr. Speckman stated the agreement is with the State Parks Department to work on the Saint Vrain Park Trails and Habitat Restoration Projects. Commissioner Vaad stated Jay Molock Minutes, July 17, 2006 2006-1922 Page 2 BC0016 and his crew have provided the County with positive public relations regarding the work they have been doing in various areas throughout the County. Commissioner Vaad moved to approve said agreement. Commissioner Masden seconded the motion. Chair Geile stated it may make sense to send a letter informing the Town of Firestone that this project is in place and that this group will be completing work, within the area. Commissioner Vaad stated a notice in the Farmer Miner, or the Longmont Times-Call, would be appropriate. Chair Geile concurred that a notice would be the best method of notifying the public. Commissioner Jerke suggested a letter be sent to the Town of Firestone, including a copy of the Resolution, and a copy of the notification submitted to the newspaper. There being no further discussion, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 33 BETWEEN WCRS 106 AND 108;WCR 37 BETWEEN WCRS 106 AND 104; AND WCR 106 BETWEEN WCRS 33 AND 37: Frank Hempen Jr., Director of Public Works, stated the emergency closures exceeded the 72-hour limit; however, the closures were necessary to repair damage to the roads caused by wash-outs. Commissioner Vaad moved to approve said temporary closures. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON 28TH AVENUE AT F STREET: Mr. Hempen stated a Stop sign will be installed on 28th Avenue at the intersection of F Street. He stated the road provides access to Pulliam subdivision, and during recent work performed in the area, it came to staff's attention that there has never been a stop sign placed at the intersection. He further stated staff is only requesting placement of a stop sign, and not the 20 Miles per Hour sign requested in the memorandum. Commissioner Vaad moved to approve said installation. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT SPECIALIST: Mr. Hempen stated the Department is requesting right-of-entry for the listed properties for the purpose of controlling noxious weeds. CommissionerJerke moved to approve said entry. The motion was seconded by Commissioner Vaad. In response to Commissioners Vaad and Jerke, Mr. Hempen stated he will research whether the billboard on the 85 bypass is producing responses. There being no further discussion, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LYON FINANCIAL SERVICES: Tim Seador, Assessor's Office, stated the Department recommends a refund in the amount of$1,333.54 since assets that were reported as inactive were valued in error. In response to Bruce Barker, County Attorney, Mr. Seador stated there is a$50.00 declaration penalty included in the refund amount since the business didn't report by April 15, and the computer system automatically charges the penalty. In response to Commissioner Jerke, Mr. Seador stated the refund is for personal property. Commissioner Vaad moved to approve said petition based on staff's recommendation. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-FIRSTBANK HOLDING COMPANY, C/O TAX PROFILE SERVICES, INC.: Raelene Churyk, Assessor's Office, stated several assets were duplicated,therefore staff recommends a refund in the amount of$1,228.64. Commissioner Jerke moved to approve said petition based on staff's recommendation. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS - ANDERSON FARMS, DBA AMAIZEING FARM EVENTS, LLC: Mr. Barker requested continuance of the matter to July 19, 2006, to allow time for the Sheriff's Office to respond. Commissioner Vaad moved to continue said application to July 19, 2006, at 9:00 a.m. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, July 17, 2006 2006-1922 Page 3 BC0016 CONSIDER RENEWAL APPLICATION AND CORPORATE REPORT OF CHANGES FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -VIPER2, INC., DBA BORDERLINE: Mr. Barker stated the Sheriff's Office has no concerns regarding this renewal. Commissioner Masden moved to approve said application and report of changes, and authorize the Chair to sign. Commissioner Vaad seconded the motion. In response to Chair Geile, Mr. Barker stated the establishment is located just south of the Wyoming border in Colorado, and the applicant also owns an establishment in Wyoming. There being no further discussion, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-THE FORT 21, LTD., DBA THE FORT 21: Mr. Barker stated the Sheriff's Office has no concerns regarding this renewal. Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. OLD PLANNING: CONSIDER PARTIAL VACATION OF SECOND AMENDED USE BY SPECIAL REVIEW PERMIT#488- LAFARGE WEST, INC. (CON'T FROM 07/10/06): Jacqueline Hatch, Department of Planning Services, stated staff received a letter from the applicant, requesting Use by Special Review Permit#488 be partially vacated. Ms. Hatch indicated the existing boundary lines on a provided map,and stated the site is located south of Weld County Road 20.5, and west of Weld County Road 7. In response to Commissioner Vaad, Ms. Hatch stated The Town of Frederick has annexed property to the east of the site, and south of the site. She stated the applicants have requested to vacate approximately 6.95 acres along the western boundary, described as Lot A of Recorded Exemption#4395. She further stated the land is not currently utilized for gravel mining operations, a portion of the Boulder Creek is located within the property, and a barn and corral currently exist on the lot. Ms. Hatch stated a surrounding property owner desires to purchase the vacated property, and it is a Condition of Approval for Recorded Exemption#4395 that the portion of land be vacated from the Use by Special Review Permit boundary. In response to Commissioner Vaad, Ms. Hatch stated the surrounding property owner does not intend to join Lot A with her current property. In response to Chair Geile, Ms. Hach stated the recorded exemption process will be approved administratively by staff. She further stated staff requests Condition of Approval#1, which requires the applicant to submit a revised plat, pursuant to Section 23-2-200.G.5, of the Weld County Code. Commissioner Vaad moved to approve said partial vacation. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR SAGE HILL, PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1093 - TERRA FIRMA VENTURES, LLC: Brad Mueller, Department of Planning Services, stated collateral has been provided in the form of a letter of credit, in the amount of$311,200.00. He stated staff has reviewed the collateral and recommends approval. Commissioner Masden moved to approve said agreement and authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (SITE GRADING ACTIVITIES - FILING I), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR CHANGE OF ZONE, PZ #1078 - CARMA (COLORADO), INC./CARMA BAYSHORE, LLC: Perry Eisenach, Department of Public Works, stated the company is in the process of submitting materials for the final plat. He stated a grading plan has been submitted and the applicant has requested approval to begin grading the site. He stated the Department has requested that an improvements agreement be executed and collateral be provided for the grading activities. He further Minutes, July 17, 2006 2006-1922 Page 4 BC0016 stated approval of this agreement be executed does not imply that the final plat will be approved, and the grading work will be done at Carma's own risk. Mr. Eisenach stated a portion of the grading activity is adjacent to the construction of Weld County Road 9.5. He stated collateral in the amount of$3,345,095.00 has been provided in the form of a subdivision bond. In response to Commissioner Vaad, Mr. Eisenach stated the collateral may be utilized for erosion and sediment control, and any necessary re-grading activities, including restoring vegetation. In response to Commissioner Masden, Mr. Eisenach stated over three million yards of dirt will be moved during the grading process. Representatives of Carma were present; however, they declined to comment on the matter. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign. 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. There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF OUNTY COMMISSIONERS 4._�� ,�,�� / Q j"'44a WELD C J4 NTY, COLORADO ATTEST: "'ed ��'v"' �! . Geile, Chair Weld County Clerk to the Board a► 4,‘ EXCUSED 1 CJ 11 David E. Long, Pro-Tem BY: Itt 11617L� Dep Clerk the 71-1"\,/,1.2.l"\//iLi f Will' H. Jerke cat_Q Robert . Masde Glenn Vaad Minutes, July 17, 2006 2006-1922 Page 5 BC0016 Hello