HomeMy WebLinkAbout20062247.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 16, 2006
TAPE #2006-30
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 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-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny Luna
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 14, 2006, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Geile added New Item of Business#7: Consider Partial Cancellation
and Release of Collateral for Weld County Road 38 - Platte Sand and Gravel, LLC.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL-ROGER MULLER: Chair Geile read
the certificate into the record, recognizing Roger Muller for his service on the Extension Advisory Council.
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD -GEORGANNE HUGHES:
Chair Geile read the certificate into the record, recognizing Georganne Hughes for three years of service
with the Workforce Development Board. Ms. Hughes was present to receive the certificate, and stated she
has recently retired as the Executive Director of the Right to Read Adult Education Center. She expressed
her appreciation to the Board for allowing her to serve on the Workforce Development Board, and stated
2006-2247
BC0016
it has been a good experience to participate in Community-wide efforts. She further stated there are many
adults within the community that desire to learn, and support from the community helps tremendously.
RECOGNITION OF SERVICES,COMMUNITY CORRECTIONS BOARD-GEORGE MARIETTA,MICHAEL
GUTHRIE: Chair Geile read the certificates into the record, recognizing George Marietta and Michael
Guthrie for their service on the Community Corrections Board.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS:Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $265,976.57
Commissioner Jerke moved to approve the warrants as presented by Ms. Connolly. Commissioner
Masden seconded the motion, which carried unanimously.
BIDS:
PRESENT WELD COUNTY ROADS 74 AND 19 INTERSECTION IMPROVEMENT PROJECT BID -
DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of General Services, read the names of
the nine vendors who submitted a bid into the record. Said bid will be considered for approval on
August 30, 2006.
APPROVE DELINQUENT TAX LIST ADVERTISEMENT BID-TREASURER'S OFFICE: Mr. Persichino
stated staff recommends acceptance of the sole bid from the Greeley Tribune,in the amount of$17,222.06.
In response to Commissioner Jerke, Mr. Persichino stated the cost associated with the advertisement is
comparable to previous years. He further stated the Greeley Tribune will publish the delinquent tax list
several times, which gives the most exposure of all the newspapers within Weld County. Chair Geile
commented that many of the smaller newspapers within the County are not capable of printing such a large
advertisement. Commissioner Jerke moved to approve said bid, based upon staffs recommendation.
Seconded by Commissioner Masden, the motion carried unanimously.
APPROVE COPIER FOR SOCIAL SERVICES MAIL ROOM BID-DEPARTMENT OF SOCIAL SERVICES:
Mr. Persichino stated staff recommends acceptance of the bids from Bratton's Office Equipment,for either
the Canon IR5570 or the Canon IR6570 model. He stated accepting the two bids will give the Department
the flexibility of purchasing a machine that produces 55 copies per minute, or 65 copies per minute. He
stated the bid from vendor Konica Minolta Business Solutions was approximately $300.00 less over a
five-year term; however, he recommended giving local preference to Bratton's Office Equipment. In
response to Commissioner Jerke, Mr. Persichino stated accepting two bids will allow the Department to
purchase a replacement copier if the original copier malfunctions. Further responding to Commissioner
Jerke, Mr. Persichino stated the copier should last approximately five years. Mr. Persichino stated a large
amount of copiers within the Countywill be replaced in 2007; however,the Department needs to purchase
a copier immediately. In response to Commissioner Masden, Mr. Persichino stated the price for the
back-up bid will remain as long as the vendor honors it. Commissioner Masden moved to approve said
bids, based upon staffs recommendation. Seconded by Commissioner Jerke, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT AND AUTHORIZE CHAIR
TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AMERICORPS
PROGRAM: Walt Speckman, Director of Human Services, stated the contract provides funds, in the
amount of$151,200.00,for the continued operation of the Youth Conservation Corps/AmeriCorps Program.
Minutes, August 16, 2006 2006-2247
Page 2 BC0016
Commissioner Masden moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR 2006 SEASONAL AND MIGRANT
EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN-U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES: Mr. Speckman stated the following two items of business are very similar to this item;
however,the applications must be submitted separately. He stated approval of this grant will allow more
children listed on the Migrant Head Start Program waiting list to be able to enroll in the program, and will
better serve the children presently enrolled. In response to Commissioner Jerke, Mr.Speckman stated the
grant funds will allow the program to be expanded,therefore, more children on the waiting list can enter the
program. Commissioner Masden moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR 2006 SEASONAL AND MIGRANT START-
UP EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN- U. S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES: Mr. Speckman stated the Department expects that only one of the three grants will
be funded, and the available funds are being shifted at the Federal level from states which are not meeting
the minimum requirements for enrollment. Commissioner Masden moved to approve said application and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR 2006 SEASONALAND MIGRANT ON-
GOING EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN-U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES: Mr. Speckman stated he does not have exact figures of what amount of funds are
available; however, the Department was instructed to apply for funds through three different grants.
Commissioner Jerke moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADEAND MAINTENANCEOF
WELD COUNTY ROAD 102 ANDAUTHORIZE CHAIR TO SIGN-JEFFERYAND RHONDATHOMPSON:
Don Carroll, Department of Public Works, stated the agreement is required through Recorded
Exemption #4470. He stated the site is accessed from Weld County Road 57, north of Weld County
Road 102. He stated 60-foot right-of-way is available, and no objections have been received from
surrounding property owners. He further stated there appears to be several trees which have grown into
the section line right-of-way;however,there is enough room to drive around the trees to gain access to the
property. Commissioner Masden moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER RECOMMENDATION OF APPOINTMENTS TO THE JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Masden moved to approve said recommendation. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER PARTIALCANCELLATIONAND RELEASE OF COLLATERAL FOR WELD COUNTY ROAD
38-PLATTE SANDAND GRAVEL, LLC: Bruce Barker,County Attorney,stated a letter was submitted by
Tim Pike, Platte Sand and Gravel, LLC, to Perry Eisenach, Department of Public Works, requesting the
release of collateral in the amount of $328,928.01. He stated an email was sent on August 14, 2006, to
Mr. Eisenach which stated the submitted bills totaled$350,094.61. He further stated the Department has
concerns regarding some of the improvements to be completed; however,Mr. Eisenach feels comfortable
with releasing collateral in the amount of$200,000.00. Mr. Eisenach stated the applicant has placed the
first lift of asphalt on Weld County Road 38,except at the intersections where culverts need to be replaced
which cannot be completed until irrigation season is over. He stated the roadside drainage has not been
completed, and additional testing results are required before the Department can formally approve the first
Minutes, August 16, 2006 2006-2247
Page 3 BC0016
lift of asphalt. He further stated he is comfortable with the release of funds in the amount of$200,000.00.
In response to Commissioner Jerke, Mr. Eisenach stated the County would retain funds of approximately
$560,000.00 if the request for release by the applicant were to be approved. Further responding to
Commissioner Jerke, Mr. Eisenach stated the Department does not recommend releasing the full amount
requested since the work has not been formally accepted by the County. Chair Geile stated he is not
comfortable releasing any amount of collateral until the entire project is completed. In response to
Commissioner Masden, Mr. Eisenach stated the second lift of asphalt will be placed on the road after the
roadside drainage improvements are completed. Commissioner Masden concurred with Chair Geile and
stated he is uncomfortable releasing any amount of collateral until all County standards are met.
Frederick Ginsburg,attorney,represented Platte Sand and Gravel, LLC,and stated he suspected that the
County would have concerns regarding the release of collateral. He stated he has been working with
Mr. Barker, and he believes there has been positive progress regarding the project. He stated a Letter of
Credit, in the amount of $911,042.00 has been submitted,which covers all required work. He further stated
the County will cost-share a portion of the required costs, therefore, there will be money due back to the
applicant. Mr. Ginsburg stated the remaining cost of completing the pavement, based upon Hall-Irwin's
estimation, is approximately$175,000.00. He stated the applicant needs to finalize two intersections,and
complete the drainage work; however, the cost of improvements to the intersections are included in
Hall-Irwin's estimation. He further stated an excess of over$300,000.00 of collateral will remain once the
improvements are completed and paid. Mr.Ginsburg stated the bank does not want to be responsible for
improvements that have been completed, and there is no risk to the County at this point. He stated
postponing the release of the requested collateral is not fair to the applicant,and he believes the Department
is requesting to retain an excessive amount of collateral even though much of the work has been completed
and the issues surrounding the project have been brought under control. Mr. Ginsburg submitted copies
of invoices paid by the applicant, marked Exhibit A.
In response to Chair Geile,Tim Pike, Platte Sand and Gravel, LLC,stated the company has paid in full for
the utility locating and pipe placement, and he is in the process of making payment for approximately
$370,000.00 worth of submitted invoices. He stated the roadside drainage improvements have essentially
been completed since the drywells have been installed,and the ditches have been cut. He stated the Town
of Platteville recently received a large amount of rain,therefore,there is some standing water;however,he
will hand dig the ditches once it dries out. He further stated a 15-inch culvert will be installed to facilitate
drainage. Mr. Pike stated Department staff requested that the second lift of asphalt not be placed on the
road before August 15, 2006, so that any soft spots from the first lift could be detected. He stated the
construction schedule was pushed back, and Hall-Irwin will place the top lift of asphalt once the ditches
have dried out. He further stated the County will replace the culvert at the intersection of Weld County Road
25.5 after the irrigation season ends. He stated two culverts need to be expanded at the intersection of
Weld County Road 25 even though company trucks do not turn onto the road. Mr. Pike estimated the two
intersections will account for approximately three percent of the total job cost. He stated Tracy Dyer,
Department of Public Works, has signed off on all testing results,and the testing agency has approved all
of the testing results. Mr. Ginsburg stated a new Letter of Credit will be issued by the bank upon approval
of release of collateral requested,and the applicant has the money available to pay the presented invoices.
Commissioner Masden stated he understands that the County will provide funds through cost-sharing;
however, the Department has not accepted the work, therefore he does support releasing collateral. In
response to Commissioner Masden, Mr. Ginsburg stated a procedure needs to be established for
acceptance. In response to Chair Geile, Mr. Eisenach stated the Department has not formally accepted
the improvements. Commissioner Jerke stated the Department needs to work with the applicant to
establish a procedure to provide acceptance at various levels, and after acceptance happens, then the
Board may approve release of collateral. Chair Geile stated the Letter of Credit guarantees that the
applicant can provide proof that the contractors have been paid for the completed improvements.
Mr. Barker stated the applicant will provide the County with a bill for the cost-share, and the County will
Minutes, August 16, 2006 2006-2247
Page 4 BC0016
provide payment. Commissioner Masden moved to deny said partial cancellation and release of collateral.
The motion was seconded by Commissioner Jerke. Chair Geile instructed the Department to establish
guidelines for reconsideration. There being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER RESOLUTION RE: RECONSIDER CONDITION OF APPROVAL #1.D FOR USE BY
SPECIAL REVIEW PERMIT#1543 - COZY COW DAIRY, LLC: Brad Mueller, Department of Planning
Services,stated the Board approved Use by Special Review Perm it#1543 on April 19,2006. He stated the
applicant has been preparing to record the plat; however,a concern with Condition of Approval#1.D exists,
regarding the septic system review. Mr. Mueller read Condition of Approval #1.D into the record.
Trevor Jiricek,Department of Public Health and Environment,stated the Department is requesting additional
clarification from the Board regarding Condition of Approval#1.D. He stated the Condition requires the
septic system to be adequately sized;however,during the hearing on April 19,2006,discussion may have
lessened the requirement, and the Condition was not formally amended. He stated the discussion at the
hearing was not consistent with previous applications and County and State rules regarding sizing of septic
systems. Mr.Jiricek read a portion of the hearing certification from April 19,2006 into the record. He stated
the Department is seeking clarification regarding consistency with requiring the applicant to have a septic
system that is appropriately sized for the proposed load. He stated the existing system is adequately sized
for a 21-seat restaurant, or up to approximately 105 visitors per day; however,the proposed load is for a
21-seat restaurant and up to 400 visitors per day.
Pam Smith, Department of Public Health and Environment,stated she has been working with the applicant,
and due to the difference of opinion, Mr. Barker was contacted. She stated staff is following the guidelines
listed in the Resolution, and clarification is needed. In response to Chair Geile, Mr. Jiricek stated staff
understood the discussion that took place during the hearing,during which it was stated that if the existing
system fails, it must be replaced with an adequate system;however,the Resolution clearly states that the
septic system must handle the proposed use. He stated the Board discussion during the hearing is not
consistent with previous Board actions, and represents a variance from County rules. In response to
Commissioner Jerke, Mr. Jiricek stated the existing system is adequate for the restaurant; however, it is
not adequate for visitors to the facility, in the amount of up to 400 people per day. He further stated the
system would be adequate for approximately 100 visitors per day if the restaurant were excluded.
Tom Haren,AGPROfessionals, represented the applicant and stated the existing septic system is permitted
for up to 105 visitors,and at the hearing it was agreed that any number of visitors beyond that number could
be serviced with portable toilets. He stated an adequate category was not available for the proposed snack
bar use,therefore, it was considered as a restaurant for regulation purposes. He stated he believes it was
the direction of the Board to let the septic system handle the load for up to 105 visitors, and let portable
toilets handle any load in excess. Mr. Haren stated he has been in correspondence with staff, and he
agrees with what happened in the hearing; however,he does not agree with staff regarding the direction of
the Board in its entirety.
Les Hardesty,applicant,stated he is frustrated that he is still not able to conduct full operations. He stated
he feels like the Board gave a clear direction and granted the ability to begin operations. He stated he
cannot begin operations until he obtains a Retail Food Establishment License,which the Department will
not issue until septic issues are resolved. He further stated the summer season is almost over, which is
the most popular time of year for ice cream. Mr. Hardesty stated Weld County Road 17 will be expanded,
and the septic system will have to be replaced when the road is widened. In response to Chair Geile,
Mr. Hardesty stated the Southgate development, which is to the south of the dairy, has annexed into and
is serviced by the Town of Windsor, and if the dairy is annexed into the Town in the future, sewer service
would be provided. In response to Commissioner Jerke, Mr. Mueller stated the Use by Special Review
Minutes, August 16, 2006 2006-2247
Page 5 BC0016
Permit has not yet been recorded,therefore, activities on the site would not be permitted until the process
is completed. He further stated the applicant is currently conducting operations as previously permitted;
however, the restaurant uses have not yet been permitted. Mr. Jiricek stated the applicant would be
required to obtain a Retail Food Establishment License; however, the septic issue is the only matter that
needs to be resolved in order to issue the license. Mr. Hardesty stated the facility is ready,and just a final
inspection is needed. He stated he is currently selling dairy products,as his permit allows;however,there
have been no restaurant operations. Mr. Haren stated a draft plat was submitted for review on August 3,
2006, and the Department of Public Health and Environment cannot issue the license until the plat is
recorded; however, the plat cannot be recorded until the septic issue is resolved.
Commissioner Masden stated he remembers speaking about expansion issues at the hearing,and that the
Board agreed to let the applicant operate with portable toilets, if needed. He recommended following
through with what was discussed at the hearing, and to allow the applicant to conduct operations on the
current system,with the addition of portable toilets. Commissioner Jerke concurred with Commissioner
Masden and stated it was the intent of the Board to allow the applicant to begin operations, with the
understanding that as the business expanded, the necessity of expanding the septic system could be
revisited. He stated the septic system will be adequate for the time being, and the Board should take action
to allow the applicant to finish the needed requirements. Chair Geile stated he concurred with
Commissioners Masden and Jerke. In response to Chair Geile, Mr.Jiricek stated the applicant would need
to place two, possibly three, portable toilets at the site. Mr. Barker stated the first three sentences of
Condition of Approval#1.D should remain, and the existing parts of the Condition regarding the review are
not the issue. He stated language needs to be conveyed that will allow the use of portable toilets if
attendance at the dairy exceeds 105 people. He further stated as the road expands,and it is necessary to
reconfigure the leach field,the septic system would need to be resized to handle the increase. (Changed
to Tape #2006-31). He stated the language of the Condition after the word "therefore" will need to be
modified. In response to Mr. Barker, Commissioner Masden stated it was the Board's intent to allow the
applicant to continue operations at the current capacity, with the addition of portable toilets; then when
expansion of the road takes place, the applicant will need to update the septic system. Responding to
Mr.Jiricek, Commissioner Masden stated when the septic system has to be redesigned, it will need to be
built to serve the total capacity. Commissioner Jerke stated the applicant will most likely be served with a
sewer line from the Town of Windsor by the time the system will need to be redesigned. In response to
Commissioner Jerke, Ms. Smith stated the Town of Windsor's sewer line is one-half mile west of Weld
County Road 17, and the Town of Windsor will not provide sewer service unless the property is annexed
into the Town. In response to Chair Geile, Mr. Barker suggested deleting the text of the Condition after the
first three sentences, and replace with"The applicant shall provide portable toilets to accommodate the
number of persons greater than 105, until such time it is necessary to change the leach field, and at that
time the leach field will be designed and built to accommodate the full buildout of 400 people, or the
applicant shall connect to an existing sewer system as required pursuant to State law." Mr.Jiricek clarified
that the system will need to built to accommodate the full buildout of 400 people and the capacity for a
21-seat restaurant. Mr. Haren stated he drafted similar language to consider for incorporation into Condition
of Approval#1.D, which states"The existing septic system shall be utilized in combination with portable
toilets in the amount necessary to serve the activities of people outlined in the Use by Special Review
Permit application. At such time the septic system fails, or is moved due to the expansion of Weld County
Road 17, adequate sewage facilities meeting regulations at the time must be installed and approved."
Mr. Barker and the Board concurred with Mr. Haren's proposed language, and Mr. Barker stated a motion
would need to be made to modify the language in Condition of Approval #1.D. Commissioner Masden
moved to modify the language in Condition of Approval 1.D as presented by Mr. Haren, and as stated in
Exhibit A. Seconded by Commissioner Jerke, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Minutes, August 16, 2006 2006-2247
Page 6 BC0016
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 10:20 a.m.
,_ BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
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Weld County Clerk to the Boa �tat
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aF David E. Long, Pro-Tern
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Depu Jerk to the Board `fit, 1 /'AA
Will H Jerke�
Robert D. Mas en
EXCUSED
Glenn Vaad
Minutes, August 16, 2006 2006-2247
Page 7 BC0016
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