HomeMy WebLinkAbout20063168.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 15, 2006
TAPE #2006-40
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, November 15, 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
Controller, Barb Connolly
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 13, 2006, as printed. Commissioner Jerke 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 Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY ADOPTION DAY-NOVEMBER 17,2006: Chair Geile read the certificate into the record,
recognizing November 17, 2006, as Weld County Adoption Day. Dave Aldridge, Department of Social
Services, stated there are eight adoption cases scheduled for finalization on November 17, 2006. Chair
Geile stated adoption opportunities are a very important function to the community. Commissioner Jerke
stated he is an adoptive parent and it has been both a challenging and a rewarding experience. He stated
he has been able to expand the opportunities available to a child with limited opportunities, and
encouraged others to consider adopting a child.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2006-3168
BC0016
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $565,233.89
CommissionerJerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT COPIERSNARIOUS DEPARTMENTS BID: Ms. Connolly read the names of twelve vendors
who submitted a bid into the record. Said bid will be considered for approval on November 29, 2006.
APPROVE DESIGN BUILD FOR ALTERNATIVE PROGRAMS BID- DEPARTMENT OF FINANCE AND
ADMINISTRATION: Pat Persichino, Department of Public Works, stated staff recommends acceptance
of the low bid from Growling Bear Construction, Inc. He stated Growling Bear Constructions, Inc.will use
consultants which are all located in Weld County. In response to Chair Geile, Mr. Persichino stated the
bid is for a 30,000 square foot building at the Business Park which will contain Work Release and the
Sheriff's Administrative Offices. There was no public input. Commissioner Vaad moved to approve said
bid, based upon staff's recommendation. Seconded by Commissioner Jerke, the motion carried
unanimously.
APPROVE CONCRETE SAND FOR ICE AND SNOW REMOVAL BID - DEPARTMENT OF PUBLIC
WORKS: Mr. Persichino stated staff recommends acceptance of the low bid from Varra Companies, Inc.
in the amount of$3.00 per ton. There was no public input. Commissioner Vaad moved to approve said
bid, based upon staff's recommendation. Seconded by Commissioner Masden, the motion carried
unanimously.
APPROVE FOOD SERVICES FOR THE WELD COUNTY JAIL AND WORK RELEASE PROGRAM BID-
SHERIFF'S OFFICE: Mr. Persichino stated staff recommends acceptance of the bid from Aramark
Correctional Services, based on the work session with the Board and the ratings received by the Selection
Committee. There was no public input. In response to Commissioner Vaad, Mr. Persichino concurred the
two other vendors were non-responsive to what was requested of them, which was the reason the work
session generated support for Aramark Correctional Services. In response to Chair Geile, Sterling
Geesaman, Sheriffs Office, stated the cost per meal for the jail is 96.5 cents and $2.94 per day for the
Centennial Center. Chair Geile stated it is an efficient meal provision service. Commissioner Vaad moved
to approve said bid, based upon staff's recommendation. The motion, which was seconded by
Commissioner Masden, carried unanimously.
OLD BUSINESS:
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -A AND G
CONCEPTS, INC., DBA BEARS SPORTS SALOON (CON'T FROM 11/08/06): Bruce Barker, County
Attorney, stated the matter was continued to today in order to have a representative of the establishment
and a representative of the Sheriff's Office present. Pete Wagoner, Sheriff's Office, stated he has
maintained records from November 1, 2005 for Bears Sports Saloon, and the Sheriffs Office responded
to the establishment 127 times in between that date and today. He stated 61 visits were officer initiated
bar checks and 66 visits were calls for service initiated from the bar ranging from a medical assistance call
to physical assaults, and one sexual assault. He stated his research has not revealed any documentation
of over-serving customers nor any other liquor or narcotic violations. In response to Chair Geile,
Mr. Wagoner stated there is no documentation of any violations for serving individuals under the legal
drinking age. He stated he periodically visits the bar to talk to the management and collect false
identifications which are seized at the door when underage individuals attempt to gain entry. In response
to Chair Geile, Mr. Wagoner stated the agreements between the Sheriff's Office and the establishment
Minutes, November 15, 2006 2006-3168
Page 2 BC0016
are to update staff training, to call the Sheriffs Office as problems arise, and to continue collecting false
identifications at the door. Further responding to Chair Geile, Mr. Wagoner stated he has no reason for
denial of the liquor license renewal. Robert Dean, owner, stated all new employees have been trained in
recognizing false identification and the establishment has not had any citations in four years, which is an
exemplary record. He stated he remodeled the building, by removing a laundry area and adding a kitchen
in order to provide food since eating helps to counteract the effects of alcohol. He stated he also uses
identification scanners at the door. He stated he has a great relationship with the Sheriffs Office and has
been instructed to call the police when there is any reason to do so and he will continue to do so.
Mr. Barker recommended approval of the renewal. Commissioner Jerke stated it is hard to rationalize the
excessive amount of calls the establishment has made to the Sheriffs Office, and there should be another
level of support due to the limited amount of police resources and the cost involved. He stated he is also
concerned the owner does not have a local address. Commissioner Vaad moved to approve said renewal
and authorize the Chair to sign, given the improvements over the situation of the establishment four years
ago. Commissioner Masden seconded the motion, however, he stated there is a burden to society in the
cost incurred generating a large number of response calls to a business. He suggested in-house security
may limit the number of calls made to the Sheriff's Office. Mr. Dean stated there are eight to nine staff
members working each night, including two bartenders, one employee at each door, and three members
of floor staff, which are all involved with patrolling the premises and he also has a surveillance system.
He further stated at an establishment he owns in Garden City he was cited for not calling the police before
a patron did. He stated he only calls the Sheriff's Office as often as he does because he has been told
to and he wants to cooperate with the Sheriff's Office. Mr. Wagoner stated the establishment caters to
a college crowd, and there are generally more incidents with that age group than older clientele. He stated
officers are proactively visiting the bar at least once a night to monitor the crowd,therefore,there has been
a shift to more bar checks and fewer calls. He stated employees are working diligently to resolve problems
as quickly as possible and they do need to call when a situation escalates to violence. In response to
Chair Geile, Mr. Wagoner stated the Sheriff's Office is proactive in other bars as well, including Rafferty's
and Rancho Allegre. In response to Commissioner Jerke, Mr. Dean recalled an incident where an
employee took an identification card and used it, the charges were dropped and the employee was
reprimanded, however, the employee still works there. He stated the incident will not occur again since
confiscated identification cards are now locked up in the office after being given to the onsite manager.
There being no further discussion, the motion carried three to one, with Commissioner Jerke opposed.
CONSIDER CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT
APPLICATION AND AUTHORIZE CHAIR TO SIGN (CON'T FROM 10/18/06): Mr. Barker stated staff is
waiting for information to make determinations. Mr. Barker suggested continuing the matter.
CommissionerJerke moved to continue the matter to November22,2006. Commissioner Vaad seconded
the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 20 BETWEEN U.S. HIGHWAY 85 AND WCR 31:
Mr. Barker stated Weld County Road 20, between U.S. Highway 85 and Weld County Road 31, will be
closed from November 27, 2006, through December 8, 2006, to replace a bridge. Commissioner Vaad
moved to approve said temporary closure. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 40.5 AT WCR 3; ON WCR
40.5 BETWEEN WCRS 3 AND 5; AND ON WCR 5 BETWEEN STATE HIGHWAY 56 AND WCR 40.5:
Commissioner Jerke moved to continue the matter to November 20, 2006, to allow for the attendance of
a staff member. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, November 15, 2006 2006-3168
Page 3 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 55 AND AUTHORIZE CHAIR TO SIGN - CEDAR CREEK WIND ENERGY, LLC: Don Carroll,
Department of Public Works, stated both this and the next item are both related to the Cedar Creek Wind
Energy wind farm. He stated there is a substation at this location, which will have access from the 1-25
East Frontage Road. He stated the County Section line is being utilized and Cedar Creek Wind Energy,
LLC, has completed an application for a non-exclusive license agreement. He stated this agreement is
part of Use by Special Review Permits#1562 and#1563, and staff recommends approval. Commissioner
Jerke moved to approve said agreement and authorize the Chair to sign. Commissioner Vaad seconded
the motion. In response to Commissioner Vaad, Mr. Carroll stated this is the final alignment of the
substation. There being no further discussion, the motion carried unanimously.
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - CEDAR CREEK WIND ENERGY, LLC: Mr. Carroll reiterated Cedar
Creek Wind Energy, LLC, is utilizing the County Section line to gain access to the batch plant and the
parking lot; therefore, an application for a non-exclusive license agreement was completed, and staff
recommends approval. Commissioner Jerke moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION AND AUTHORIZE VACATION OF PORTIONS OF WELD COUNTY ROADS -
WELLS RANCH, LLLP: Mr. Barker stated the roads are detailed in a map submitted by the petitioner. He
stated the County Attorney's Office reviewed the roadways for access with the petitioner,and each parcel
in the grouping has access. He stated the petitioner was careful to make sure none of the State Land
Board properties would be excluded from County road access. Mr. Carroll stated he has also examined
the accesses to ensure no individuals are landlocked, and there appears to be adequate access. He
stated the Department prefers to retain right-of-way in case there are future land divisions. There was no
public input. Commissioner Vaad moved to continue said matter to November 20, 2006 to allow the
petitioner to attend. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
MATTHEW CASSELL: Commissioner Jerke moved to appoint Matthew Cassell as a Deputy District
Attorney. Seconded by Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1045- HIGHLAND ACQUISITION GROUP, LLC: Peter Schei, Department of Public
Works, stated the Department recommends approval of the release of collateral, plus interest.
Commissioner Vaad moved to approve said cancellation and release of collateral. 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, November 15, 2006 2006-3168
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: I PAClei
e �� I� j,j
imt IX\ M. J. eile, Chair
Weld County Clerk to the Bo o V-1\
1861 Y r-t EXCUSED
David E. Long, Pro-Tem
BY: ``,, J
Depu Clerk t he and
Willi H. JerkkP�ee ��nn
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Robert . Masdenak_
Glenn Vaad
Minutes, November 15, 2006 2006-3168
Page 5 BC0016
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