HomeMy WebLinkAbout20053473.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 28, 2005
TAPE #2005-44
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 28, 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:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Jenny VanEgdom
Controller, Barbara Eurich
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 23, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on November 23,2005, as follows: 1) USR#1520-Mike Johnson, Go Jacqueline Johnson;2)
USR#1524-Carman and Bart Beck; 3) PZ#1074- Frank and Loretta Wright; and 4) USR#1521 - Ruth
Bucy. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA:Chair Jerke removed Planning Item of Business#1 -Consider Recorded
Exemption #3966 - Edward and Eileen Fritzler.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Barbara Eurich, Controller, presented the following warrants for approval by the Board:
Electronic Transfers - All Funds $2,898,518.47
Commissioner Vaad moved to approve the warrants as presented by Ms. Eurich. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
APPROVE FLEET MANAGEMENT SERVICES BID - DEPARTMENT OF PUBLIC WORKS: Pat
Persichino, Director of General Services, stated bids were received from two vendors , and he
recommended approval of the bid from Tecom Fleet Services, in the annual amount of$1,346,966.82. He
stated the contract is for a term of 39 months. In response to Chair Jerke, Mr. Persichino stated the bid was
presented on November 16, 2005, and was to be approved on December 7, 2005; however, the review
committee finished the review process early, and staff requested early approval. Further responding to
Chair Jerke, Mr. Persichino stated emergency approval of the bid is not required since the bid was
presented more than ten days prior to acceptance. He stated the dates of service listed in the contract will
remain the same. In response to Commissioner Masden,Mr. Persichino stated Tecom Fleet Services will
provide manpower and inventory/supplies, and Weld County will provide the necessary equipment and
building space. Responding to Commissioner Geile,Mr. Persichino stated a cost comparison analysis has
been completed in the past, and using an outside contractor to oversee the Fleet Management Services
is the best financial alternative for the County. (Changed to Tape#2005-45.) In response to Chair Jerke,
Lee Morrison,Assistant County Attorney,stated Tecom Fleet Services should have been notified that the
bid would be considered for approval on an earlier date so that, if necessary, a representative could be
present to provide comment. Commissioner Vaad moved to approve said bid, based upon staffs
recommendations. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADEAND MAINTENANCE OF WCR 6
AND AUTHORIZE CHAIR TO SIGN-ELIZABETH VIGIL: Don Carroll, Department of Public Works,stated
the Nonexclusive License Agreement is required through Recorded Exemption #4206. He stated the
property will be accessed from Weld County Road 6,west of Weld County Road 53,to the Denver-Hudson
Canal (Henrylyn Canal). He further stated adjacent property owners were contacted, and no negative
feedback was received. Responding to Commissioner Masden, Mr.Carroll stated the right-of-way utilized
to access the properties is approximately 3/4 mile in length. Commissioner Masden moved to approve said
nonexclusive license agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSEAGREEMENTFOR UPGRADEAND MAINTENANCE OF WCR
8 AND AUTHORIZE CHAIR TO SIGN -JOHN CARLSON: Mr. Carroll stated the Nonexclusive License
Agreement is required through Recorded Exemption#4116,which is a four-lot split. He stated the property
will be accessed from Weld County Road 8, adjacent to Weld County Road 55. He further stated 30 feet
of right-of-way is requested in Section 21;however,right-of-way is not available in Section 16 since the land
belongs to the State of Colorado. In response to Commissioner Geile, Mr. Carroll stated the size of
parcels A, B, and C will be 5 acres each, and the size of parcel D will be 145 acres. In response to Chair
Jerke,Mr.Carroll explained the boundary lines of the properties on the displayed map. Responding to Chair
Jerke,John Carlson, applicant, stated the half section is owned by his family,and explained the divisions
of property on the provided map. He stated the intent is to create two parcels of 160 acres which will be
quick deeded. Mr.Carlson stated the property owners are willing to use the 30 feet of right-of-way on their
side of the section line to provide an access road to the landlocked parcels. In response to ChairJerke,Mr.
Carlson stated the map is drawn out of scale. Mr. Carlson stated he had a copy of a map drawn to scale;
however, he did not submit the map. Chris Gathman, Department of Planning Services, stated approval
Minutes, November 28, 2005 2005-3473
Page 2 BC0016
of the Recorded Exemption is conditional upon the completion of a quitclaim deed prior to recording the plat.
In response to Chair Jerke, Mr. Carlson stated he is representing all property owners. Mr. Carroll stated
the map shown to the Board was obtained through the Assessor's Office. Commissioner Masden moved
to approve said nonexclusive license agreement and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENTOR REFUND OF TAXES-JAMES AND CHERIEBALL: Mike
Sampson, Assessor's Office, stated the property was assessed as vacant land, and the applicant has
provided proof that the property is used for agricultural purposes. He stated approval of the abatement is
recommended for years 2003, and 2004. In response to Commissioner Geile, Mr. Sampson stated the
parcel of property is large; however, he was not aware of the exact acreage. In response to Chair Jerke,
Mr. Sampson stated he is not aware of the type of crops planted on the parcel. Chair Jerke stated the
petition stated the applicant uses the property to raise livestock. Commissioner Geile moved to approve
said petition. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ARTHUR KOHN: Mr. Sampson
stated the property was assessed as vacant land,and the applicant provided proof that the property is used
for agricultural purposes. He stated approval of the abatement is recommended for year 2003. ChairJerke
stated he believes the property is located within a subdivision,and the parcel is less than five acres in size;
therefore, he is not in favor of approval. Commissioner Masden suggested continuing the matter to a later
date, to allow staff to present more information regarding the property. Commissioner Vaad moved to
continue said petition to December 12,2005,at 9:00 a.m. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING AND AUTHORIZE
CHAIR TO SIGN - STOCK BUILDING SUPPLY: Chair Jerke suggested the matter be continued since
information regarding the Memorandum of Understanding was not presented by staff. Commissioner Geile
moved to continue said Memorandum of Understanding to December 5,2005. Seconded by Commissioner
Masden, the motion carried unanimously.
SECOND READING OF ORDINANCE#2005-15, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS,CHAPTER 5 APPENDICES,OF THE WELD COUNTY CODE: Commissioner
Vaad moved to read by title only. Seconded by Commissioner Geile, the motion carried unanimously.
Mr. Morrison read said title into the record. Ms. Eurich gave a brief summary of the fees to be changed,and
stated all fees were included in the 2006 Budget. No public testimony was offered concerning this matter.
Commissioner Vaad moved to approve Ordinance #2005-15 on second reading. Seconded by
Commissioner Masden, the motion carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR RECORDED EXEMPTION#3966-EDWARD AND EILEEN FRITZLER: Mr.Gathman
stated a check, in the amount of $3,126.00, was received from the applicant for the Improvements
Agreement, required through Recorded Exemption#3966. He stated staff has determined the amount of
the collateral will be sufficient to complete the onsite improvements. In response to Chair Jerke,
Mr. Gathman stated only road improvements are required. Mr. Carroll stated the property is located
adjacent to Highway 85,and Weld County Road 33,and the applicant has created a four-lot split. He stated
an access road with a cul-de-sac will be implemented,and there is 60 foot right-of-way available. He stated
road base and a street name sign are the required road improvements. In response to Chair Jerke,
Mr.Carroll stated the access road will have a separate name from Weld County Road 33, and the road is
not required to be paved. Commissioner Masden moved to approve said improvements agreement,
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Page 3 BC0016
authorize Chair to sign, and accept said collateral. Seconded by Commissioner Long,the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance #2005-15 was approved on second reading.
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 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
IEII,,a WELD COUNTY, COLORADO
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ATTEST: _�A Ifta4O
illiam H. J: e,,
Chair
Weld County Clerk to the Board - ►
J`���� �I M. . e , Pro-Tem
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Deity Cler to the Board id
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Dav . . Lon' I
Robe D. Masde
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Glenn Vaad
Minutes, November 28, 2005 2005-3473
Page 4 BC0016
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