HomeMy WebLinkAbout20050151.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 10, 2005
TAPE #2005-03
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, January 10, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of January 5, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on January 5,2005,as follows: 1)USR#1483, Martin and Berta Gutierrez. Commissioner Long
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.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $556,595.64
2005-0151
BC0016
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Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADEAND MAINTENANCE OF WELD
COUNTY RIGHT-OF-WAYAND AUTHORIZE CHAIR TO SIGN-GRADYAND NAOMI DYER: Don Carroll,
Department of Public Works, identified the location of the property and right-of-way. Mr. Carroll stated the
applicant is splitting parcels and adjacent property owners have been notified. He stated staff has
researched the section and determined 30 feet of right-of-way is available on each side. Responding to
Chair Jerke, Mr.Carroll explained this is a three-lot recorded exemption split. Commissioner Geile moved
to approve said agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CHANGE ORDER#1 FOR BRIDGE REHABILITATION CONTRACT AND AUTHORIZE CHAIR
TO SIGN - CAN-DO CONCRETE CONSTRUCTION, INC.: Frank Hempen, Jr., Department of Public
Works, reviewed the original terms of the contract. He explained said change order will delete one of the
original bridges and add three structures to the rehabilitation project. Mr. Hempen stated the net increase
to the cost of the project will be $33,745, which is within the budgeted amount for the project.
Commissioner Masden moved to approve said Change Order#1 for the Bridge Rehabilitation Contract.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR THE ANNEXATION OF PORTIONS OF WELD COUNTY ROADS 27.5 AND
52 TO THE CITY OF EVANS AND AUTHORIZE CHAIR TO SIGN: Bruce Barker,CountyAttorney,reviewed
the request from the City of Evans and the location of the annexation. Mr. Barker explained adjacent
property owners were contacted. He referenced the letter received from the City of Evans, requesting a
continuance of the matter. Commissioner Geile requested testimony from the City of Evans and the Town
of Milliken be heard. Harold Weisberg, Mayor, City of Evans, stated there are issues between the City of
Evans and the Town of Milliken regarding growth boundaries and a meeting has been scheduled for January
11, 2005 between the two municipality's council members. He requested that the Board of County
Commissioners continue said matter until after the January 11th council meeting and a subsequent public
hearing. Responding to Chair Jerke, Mayor Weisberg stated the discussions with the Town of Milliken will
not be open to the affected property owners; however, there will be a public hearing on January 18, 2005.
Linda Measner, Mayor,Town of Milliken,requested a continuance of the matter to allow the municipalities
to have their Board meetings. Chair Jerke opened the matter to the public, requesting all comments be
kept to the continuance issue and not particular testimony regarding the facts of the case.
Cindy Telep Turner, property owner,stated her property will be impacted by said petition. Ms.Turner stated
she has hired surveyors and consultants for the development of her property and requested inclusion in any
future municipality meetings and asked the Board of County Commissioners to continue said matter for
several months to allow collection of data. Richard Weiss,property owner, stated he had no issue with the
continuance timing; however, the City of Evans has not contacted the public regarding the proposed
annexation. Louisa Worfield, property owner, requested dismissal of the matter. Ms. Turner added a
dismissal of the application was more appropriate so that the City of Greeley, City of Evans and Town of
Milliken could all have input.
Responding to Chair Jerke, Mayor Measner stated she would be open to property owners being involved
in municipality discussions regarding said annexation, and the Town of Milliken has held numerous
meetings with property owners. Mayor Weisberg stated property owners have applied for annexation to the
City of Evans, and the Board of County Commissioner's meeting is not an appropriate forum for discussion
regarding those annexations until public hearings have taken place. Russell Anson, Attorney for City of
Evans, stated the City of Evans is not excluding property owners;however, he is advising the City of Evans
not to take evidence or comment before a public hearing has been held. Mr. Anson explained that during
Minutes, January 10, 2005 2005-0151
Page 2 BC0016
the public hearing, the municipality will allow input from property owners and any evidence heard prior to
the annexation hearing would be improper. He stated that a short continuance is reasonable, because
negotiations between the City of Evans and Town of Milliken have been ongoing for a year and by setting
reasonable deadlines, the municipalities will be forced to resolve the issues.
Mr. Barker stated the matter is an administrative request for the Board of County Commissioners to approve
a petition for an annexation and not a request to approve the annexation itself and,therefore, a dismissal
is not appropriate. Chair Jerke responded that the general public sometimes needs to be heard and
because it appears there has not been a forum for the property owners involved in said matter, he wanted
to allow time for the public to respond regarding the timing of the continuance. Chair Jerke added the job
of the Board of County Commissioners is not to divide communities but to act as arbitrators,and suggested
questions from the public be referred to Bruce Barker. Mr. Barker stated an open date would be appropriate
in said matter and the appropriate action would be to give the matter back to the City of Evans and the City
of Evans would have to resubmit the request for the matter to be heard again. He stated upon receiving the
request, notice would be given to surrounding property owners ten days prior to the public meeting.
Commissioner Geile complimented the City of Evans and the Town of Milliken for coming together to
resolve the issues, and he supports the delay in a very complicated land issue. He stated territorial
negotiations are complex and timeline goals are often not realistic. Commissioner Long stated there is
always opportunity to use time wisely and he is conflicted between the open ended date and being able to
capture the scope for a timely solution. He compelled the municipalities to involve their respective
communities in the decision-making process. Commissioner Vaad stated it will take a couple of months
to get the necessary data together and a continuance to March 14, 2005 will give plenty of opportunity for
the municipalities and the property owners to prepare for a final decision. Commissioner Vaad moved to
continue the matter to March 14,2005. Seconded by Commissioner Long,the motion carried unanimously.
AUTHORIZE CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL MEETING OF THE
FULTON IRRIGATING DITCH COMPANY: Mr. Barker stated the annual meeting of stockholders is
scheduled for January 24, 2005 and Lee Morrison,Assistant County Attorney, Greg Nelson, Department
of Public Works or Steve Nguyen, representative for Diversified Consulting Solutions, Inc. will represent
Weld County at said meeting. Commissioner Vaad moved to authorize the Chair to sign Proxy for voting
stock for the annual meeting of the Fulton Irrigating Ditch Company. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES AND AUTHORIZE
CHAIR TO SIGN-MAXIMUS, INC.: Mr.Warden stated Maximus, Inc.will assist in developing an indirect
cost plan to allow the County to receive reimbursements from Federal grants. He explained the agreement
amount is$5,500 and Maximus, Inc. is the only company that has the computer program and the expertise
to provide the services. Responding to Commissioner Masden, Mr.Warden stated the indirect cost plan
allocates support costs to the various departments and the costs are then paid through Federal grants. He
stated Weld County is the first county in the state to incorporate the plan. Commissioner Masden moved
to approve said agreement. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO NORTH COLORADO MEDICAL CENTER
BOARD OF TRUSTEES: Commissioner Vaad moved to approve said appointments and reappointments
to North Colorado Medical Center Board of Trustees. Seconded by Commissioner Masden, the motion
carried unanimously.
Minutes, January 10, 2005 2005-0151
Page 3 BC0016
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 10:55 a.m.
BOARD OF COUNTY COMMISSIONERS
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WELD COUNTY, COLORADO
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1861 William H. Je e, Chair
the Board 1RP®i.',!'�_� ' . J. le, Pro-Tem
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David . Long
Rob; D. asde
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Minutes, January 10, 2005 2005-0151
Page 4 BC0016
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