HomeMy WebLinkAbout20020630.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 13, 2002
TAPE #2002-10
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, March 13, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 11, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: Chair Vaad added "Approve Creating Fugitive Particulate Emissions
Remediation Trust Fund" as Item #7 under New Business.
CONSENT AGENDA: Chair Vaad corrected the agenda to indicate Lawrence Person, who is being
recognized for services rendered to Weld County, is with the Assessor's Office. Commissioner Geile
moved to approve the consent agenda as printed. Commissioner Long seconded the motion,and it carried
unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS-JERRY LITTLE: Chair Vaad read
the certificate recognizing Jerry Little for his years of service,and Frank Hempen, Director of Public Works
presented his retirement pin to him.
RECOGNITION OF SERVICES, ASSESSOR'S OFFICE - LAWRENCE PERSON: Chair Vaad reao the
certificate recognizing Lawrence Person for his years of service, and Stan Sessions, Assessor presented
him with a Weld County retirement pin.
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COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $135,899.88
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
CONSIDER NORTH JAIL FIBER CONDUIT RE-ROUTE AND REPAIR - FINANCE DEPARTMENT ON
AN EMERGENCY BASIS: Pat Persichino, Director of General Services, read the names of two vendors
who submitted bids and requested emergency approval of the low bid because construction of the building
will begin on April 1, 2002, and it is best to have the cables installed prior to beginning construction.
Commissioner Jerke moved to approve the low bid from Metrowest Communications, LLC, on an
emergency basis. Seconded by Commissioner Long, the motion carried unanimously.
PRESENT 2002 SLURRY SEAL PROJECT - PUBLIC WORKS/ENGINEERING DEPARTMENT: Mr.
Persichino read the names of the four vendors who submitted bids. Said bid will be considered for
approval on March 27, 2002.
PRESENT MOW HERBICIDAL BID - PEST AND WEEDS: Mr. Persichino read the names of three
vendors who submitted bids. Said bid will be considered for approval on March 27, 2002.
PRESENT 2002 STEEL BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the names of
nine vendors who submitted bids. Said bid will be considered for approval on March 27, 2002.
PRESENT CATTLE GUARDS- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the names of
one vendor who submitted a bid. Said bid will be considered for approval on March 27, 2002.
CONDUCT ORAL AUCTION OF OIL AND GAS LEASE - DEPARTMENT OF FINANCE: Mr. Warden
opened the bids and stated this is for 160 mineral acres located in the NW1/4 of Section 12,
Township 3 North, Range 61 West of the 6th P. M., Weld County, Colorado. He stated only one bid was
received, in the amount of$10.00 per mineral acre, from Pool Oil and Gas, LLC. Mr. Warden stated a
check in the amount of $1,600.00 is enclosed, as well as the $10.00 filing fee. Commissioner Masden
moved to accept the bid from Pool Oil and Gas, LLC, and authorize the Chair to sign said lease.
Seconded by Commissioner Geile, the motion carried unanimously.
OLD BUSINESS:
CONSIDER AMENDED INTERGOVERNMENTAL AGREEMENT PURSUANT TO SECTION 29-1-204.2,
C.R.S.,FOR THE CREATION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY AND AUTHORIZE
CHAIR TO SIGN (CON'T FROM 03/11/2002): Bruce Barker, County Attorney, stated this was previously
approved in November, 2001; however, the Tri-area Sanitation District proposed several amendments,
which include the addition of#4.k.1 to specify each person would only pay for the benefit received, and
the addition of language to#5 and #5.a to specify the intent is only to have elected officials on the board
and requiring that any appointee name be submitted to the Authority by Resolution. He further stated #8
will be changed to indicate if a contracting party wishes to withdraw, the area withdrawn would still be
Minutes, March 13, 2002 2002-0630
Page 2 BC0016
obligated for expenses, and#25 indicates the Drainage Authority shall work cooperatively with each of the
contracting parties. Chair Vaad stated these last few amendments, which were requested by Tri-Area
Sanitation District's attorney,took almost four months, and most of the entities have already approved the
agreement,as well as the amendments. He stated they are planning a formal recognition of the document
on March 27, 2002. Commissioner Jerke commended Chair Vaad for his work on this project, although
he stated he will be voting against the creation of this Drainage Authority since citizens in the proposed
district will not be asked to vote on it and the spirit of the TABOR law implies a new tax should be voted
upon by the citizens. Commissioner Geile also commended Chair Vaad and Mr. Barker for all their work
and stated the importance of this Authority to avert disaster in the future in the event of a major storm.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden,the motion carried three to two,with Commissioners Jerke and Long voting against
the motion.
NEW BUSINESS:
CONSIDER PETITION OF ABATEMENT OR REFUND OF TAXES- BFI MEDICAL WASTE, INC.: Mike
Sampson,Chief Appraiser,stated this was over the six-month timeframe allowed to process an abatement
because of staff's investigation revealing an over-valuation of land on this property. Therefore, staff
resubmitted the abatement after agreeing with the petitioner on $20,000 per acre for the land and no
change to the value of improvements. Commissioner Jerke moved to approve said petition as
recommended. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 6 BETWEEN WCRS 47 AND 49; AND WCR 398
BETWEEN WCRS 59 AND 63: Frank Hempen, Jr., Director of Public Works, stated these roads will be
closed March 25, 2002, and April 1, 2002, consecutively, for a five-day period to replace culverts.
Commissioner Long moved to approve said road closures. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER APPLICATION TO CONSTRUCT CROSSING SIGNALS AND GATES AT THE EXISTING
GRADE CROSSING OF WCR 51 AND BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY, AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated one of the Conditions of Approval
for Use by Special Review Permit#1339, required a crossing with signals and gates be placed at Weld
County Road 51, south of the frontage road. He further stated the project has to be sponsored by a public
entity instead of a private company; therefore, this is the beginning of that process. Mr. Hempen stated
Weld County will need to enter into an agreement with Calpine regarding costs when they are known.
Commissioner Masden moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER RESOLUTION RE: ESTABLISH CHANGE FUND FOR DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT FOR USE AT SOUTHWEST WELD COUNTY ADMINISTRATIVE BUILDING: Mr.
Warden stated Dr. Mark Wallace, Director of Public Health and Environment, has requested a separate
change fund to handle the transactions at the Southwest Weld County Administration Building.
Responding to Commissioner Geile,Mr.Warden explained the auditing process and reconciliation process
required for change funds. Commissioner Long moved to approve said resolution. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA AND AUTHORIZE
CHAIR TO SIGN - AIMS COMMUNITY COLLEGE: Mr. Barker stated this is a standard agreement.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, March 13, 2002 2002-0630
Page 3 BC0016
CONSIDER AGREEMENT FOR IMPROVEMENTS FOR WCR 40.5, ACCEPT FORM OF ESCROW
AGREEMENT AND AUTHORIZE CHAIR TO SIGN - HOSKINS CONSTRUCTION, INC., CIO DAVID
HOSKINS: Lee Morrison, Assistant County Attorney, stated this agreement is for a small, five-lot
development known as Dove Haven PUD. He explained that as lots are sold, Mr. Hoskins will accumulate
an escrow fund and, if the County paves Weld County Road 40.5 within a five-year period, the money in
the escrow account will be applied to the cost. He further explained Contributions are phased to
correspond with an increase in traffic. He said the form of the escrow agreement, which is a standard
form, needs to be modified before it is acceptable, to specifically include instructions that the escrow fund
can only be released after five years or at the direction of the Chair of the Board of County Commissioners
if before the five year period. Responding to Chair Vaad, Mr. Morrison stated this is on Weld County
Road 40.5 between Weld County Roads 3 and 5. Responding to Commissioner Geile, Mr. Morrison stated
the escrow account is with the title company, and is paid in cash at the time of closing. He stated if Mr.
Hoskins does not fund the escrow fund, he would independently be obligated to pay the agreed upon cost.
Responding to Commissioner Jerke, Mr. Morrison stated that if the road is not paved, after five years, Mr.
Hoskins would get back any monies in the Escrow fund, and Mr. Hempen stated the road is not currently
within the five-year plan; however, the PUD is already underway and a second development in the area
is pending, therefore, it may become necessary to pave it within the five-year period. Commissioner Geile
moved to approve said agreement, accept the form of the Escrow Agreement as modified by Mr. Morrison,
and authorize the Chair to sign said improvements agreement. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER CREATING FUGITIVE PARTICULATE EMISSIONS REMEDIATION TRUST FUND: Mr.
Morrison stated a favorable outgrowth of discussion with the Colorado Department of Public Health and
Environment regarding a violation on Weld County Road 2, is that the State agency does levy penalties
on individuals and companies found guilty of violating certain environmental laws and regulations relating
to air pollution. The proceeds from such fines may be used for supplemental environmental projects within
the County where the violation occurs. He stated the State does require a specific fund be designated for
these funds. Mr. Warden stated the County has had similar funds, but with specific projects identified,
such as National Hog Farms. He further stated all of these funds in future would go into this fund, and
would be disbursed for dust abatement as necessary. Responding to Commissioner Long, Mr. Morrison
stated there are no time limits or other conditions for use of these funds, although his discussion with State
health officials included a review of the Fugitive Dust Control Policy currently in the process of adoption
by Weld County. Responding to Commissioner Jerke regarding the mechanism for enforcement, Mr.
Morrison stated the enforcement varies since the penalties are from a variety of violations, although, the
Weld County Department of Public Health and Environment would be doing inspections and writing
violations, with a hearing by the Colorado Air Quality Control Division, which would ultimately find the
violation and assess the penalty. Commissioner Long moved to create said fund. 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.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 13, 2002 2002-0630
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
,Q4 �" ♦ATTEST: � i/ _
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Gle *u aad, Chair ,
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Robert D. M sden n
Minutes, March 13, 2002 2002-0630
Page 5 BC0016
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