HomeMy WebLinkAbout20062893 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 16, 2006
TAPE #2006-36
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 16, 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-Tern - EXCUSED
Commissioner William H. Jerke - EXCUSED
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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of October 11, 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 October 10, 2006: 1)Violation Hearings; and on October 11, 2006: 1) USR#1476-Fusaro,
LLC, do Donnie Fetters, Jr. 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 Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $802,253.75
Electronic Transfers -All Funds $1,476.89
Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR THE 2007 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN-COLORADO DIVISION OF EMERGENCY MANAGEMENT:
Roy Rudisill, Director of the Office of Emergency Management, stated the grant will provide partial funding
for various functions of the Weld County Office of Emergency Management. He stated the grant covers
15 emergency management functions, and one of the main topics which will be covered this year is the
National Instant Management Training. He stated the grant also covers funding and expenses for part of
the employees' salaries, and the total application amount is for$154,000, of which the Department will
receive approximately$30,000.00. Commissioner Masden moved to approve said application. Seconded
by Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR15 AND AUTHORIZE CHAIR TO SIGN-JOHN AND NEVADA ROHDE: Donald Carroll, Department
of Public Works, stated the location of the section of road is in the northwest corner of the County, on Weld
County Road 15, south of Weld County Road 110. He stated the County has been granting Nonexclusive
License Agreements for parcels as they are split on the section line to ensure the residents along the
section line are aware they are responsible for the road maintenance. He stated both Lots A and B are
accessed from Weld County Road 15. He stated there is 60 feet of right of way, the adjacent property
owners have been contacted, and the Department recommends approval. In response to Commissioner
Vaad, he stated there are homes on nearly every parcel split. Further responding to Commissioner Vaad,
he stated as the splits have been completed, owners have entered into the Nonexclusive License
Agreements with the County. He stated the County's goal is for all the residents on this stretch of road to
share responsibility for its maintenance. In response to Chair Geile, Mr. Carroll stated some gravel and
grader costs have been shared by the residents on this stretch of Weld County Road 15, and it has been
well maintained. Further responding to Chair Geile, Mr. Carroll stated people traveling on Weld County
Roads 100 and 104 will still have public right-of-way as an available route. He further stated he strives to
split the land at the nearest road maintained by the County. Commissioner Vaad moved to approve said
agreement. Commissioner Masden seconded the motion, and stated there may be a point at which a
Local Improvements District, a Special Improvements District, or the County needs to construct an entire
road in the area. He stated the County needs to further examine the issue, as this is not an isolated
incident. He stated the County will have to address the requirements and development standards
concerning when a certain density is reached in an area and, perhaps a certain density should trigger the
creation of a Special Improvements District. In response to Chair Geile, Commissioner Masden stated he
would like to set up a work session to discuss the matter further. In response to Chair Geile, Mr. Carroll
stated he is familiar with the land splits and can identify other areas where this situation is occurring. He
further stated he will schedule a work session with the Commissioners to discuss related road issues.
Mr. Warden stated the purpose of the Nonexclusive License Agreement is to let residents know it is their
responsibility to maintain the road. Bruce Barker, County Attorney, stated the idea of adding the
requirement of proof of access to Recorded Exemptions has been discussed. He stated one of the
reasons for doing so would be that either the residents would need to maintain the road or form a Local
Improvements District. He stated at the time of the discussion, it was decided not to assign the
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responsibility to the resident, however, these situations may be different as there are three miles of
roadway and there are at least two other situations like this one in Weld County. Commissioner Masden
stated the County will have to address the issue in the future, and he would like to do what can be done
now to prepare for the future. Mr. Warden stated if ten years from now the home owners complain the
road is inadequate, the County will have the agreement which states it is their responsibility to maintain
the road. Mr. Barker stated some individuals rely on the other responsible property owners to maintain the
road. Commissioner Masden stated the people and conditions may change over the next ten years. There
being no further discussion, the motion carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - LOVELAND READY MIX, DBA JOHNSTOWN READY MIX: Donald
Carroll, Department of Public Works, stated the agreement is for USR #1329, and is located on Weld
County Roads 54 and 13. He stated the original applicants completed the road improvements. He stated
Johnstown Ready Mix has acquired a gravel pit, north of the facility, on Weld County Road 13 on the
Larimer County side. He stated the company wants to haul raw and processed product from the pit to
Weld County Road 54, and either west to 1-25, or to a pit to be processed. He stated the County asked
Johnstown Ready Mix to pave Weld County Road 13, north of Weld County Road 54, up to the plant
entrance, with adequate turning radiuses. He stated they agreed to pave the road, and the typical cross
section will be six inches of hot pavement over eight inches of aggregate base course,which is the heavy
section. He stated the total width of the pavement will be 28 feet. He stated the traffic will travel south
from the existing pit to Weld County Road 54 and then west, or across the intersection, to be processed.
He stated there will be no traffic permitted to travel north on Weld County Road 13, toward Highway 34.
He stated Larimer County has also requested improvements for their side. Commissioner Vaad moved
to approve said agreement. Commissioner Masden seconded the motion. Commissioner Vaad stated
Johnstown Ready Mix has done a good job with the improvements on Weld County Road 54, and the
unobtrusive manner in which they conduct business. There being no further discussion, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 16.5 BETWEEN WCRS 1 AND 3.25: Pat Persichino,
Acting Director of the Department of Public Works, stated the closure is necessary for a culvert
replacement, and will be closed October 23, 2006, through October 27, 2006. Commissioner Masden
moved to approve said closure. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 67 BETWEEN WCRS 14 AND 16: Mr. Perishino stated
the closure is for replacement of a culvert, and the dates of closure dates are October 9, 2006, through
October 20, 2006. Commissioner Vaad moved to approve said closure. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN-NEW
HORIZONS COMPUTER LEARNING CENTERS, DBA COMPUTER LEARNING CENTERS OF UTAH,
LLC: Mr. Barker stated this is an agreement Steve Moreno, Clerk and Recorder, is working on for the
training of election judges. He stated New Horizons will instruct the election judges on the new security
procedures, which have been put in place by the Secretary of State. He stated the one change in the
agreement is removal of a redundant section. Commissioner Masden moved to approve said agreement.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY,COLORADO-SE1/4,S10,T7N, R64W: Mr. Barker stated this and the next
item are both with requests for extensions of oil and gas leases with EnCana Oil and Gas (USA) Inc. He
stated the company is requesting a six-month extension, which County policy allows, and approval is
Minutes, October 16, 2006 2006-2893
Page 3 BC0016
recommended. Commissioner Vaad moved to approve said agreement. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - NW1/4, S12, T7N, R64W: Commissioner Vaad moved to
approve said agreement. 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 9:30 a.m.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
/ J�4q
ATTEST: i�a�17N �` � jJ , '? e 'Chair
Weld County Clerk to the : g A' `7 _ ' ,
! EXCUSED
• 7 � I ► '1 David E. Long, Pro-Tem
it
BY: I /IA r. L rs� `-
Depu $ Clerk to t e Board �' fi � EXCUSED
am H. Jerke
Robert . Mas e
Glenn Vaad
Minutes, October 16, 2006 2006-2893
Page 4 BC0016
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