HomeMy WebLinkAbout20050615.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 23, 2005
TAPE #2005-13
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, February 23, 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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of February 16, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on February 14,2005: 1)Service Plan for proposed East 1-25 Sanitation District,and Hearings
conducted on February 16,2005: 1)USR#1495,Marcelle Geudner,c/o Jess Aragon. Commissioner Vaad
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Add New Business#20, "Consider Application for Tony Grampsas Youth
Services Program Grant"and New Business#21,"Consider Letter of Engagement for Services for Health
Insurance Portability and Accountability Act (HIPAA) Compliance - DigitalCare, Inc."
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
2005-0615
BC0016
Of l�-a
PRESENTATIONS:
RECOGNITION OF SERVICES,WELD 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD-
KIM FLIETHMAN AND RICK WEBER: ChairJerke read the presentations into the record. Neither recipient
was present to receive their award.
RECOGNITION OF SERVICES, NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES -
EDWIN LESH AND DR. RONALD CLARK: Chair Jerke read the presentations into the record. Neither
recipient was present to receive their award.
RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH-LYNN MICHAUD: Chair Jerke read the
presentation into the record. Lynn Michaud was not present to receive the award.
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL-JUDY GRIEGO AND TOM HAREN:
Chair Jerke read the presentations into the record. Neither recipient was present to receive their award.
RECOGNITION OF SERVICES, AREA AGENCY ON AGING - DIANE WARREN AND JOSEPHINE
SANCHEZ: Chair Jerke read the presentations into the record. Commissioner Vaad stated he had the
privilege of serving with Ms. Sanchez and stated she was a great contributor to the Area Agency on Aging
Board. Diane Warren was not present to receive the award. Chair Jerke stated the efforts of the volunteers
are appreciated and their dedication brings a lot of help to the various boards.
COMMISSIONER COORDINATOR REPORTS: ChairJerke stated he met with Congresswoman Marilyn
Musgrave regarding an air traffic control tower for the Greeley-Weld Airport. He stated Ms. Musgrave will
seek Federal funding for the project,which will bring safety and economic development to Weld County.
He explained the project,which would cost 3.2 million dollars,would be funded by excise taxes generated
from airline fees.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $379,405.54
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE 2005 TRAFFIC PAINT AND PAINT BEADS BID-PUBLIC WORKS: Mr.Warden recommended
rejection of the low bid from Vogel Paint and Wax because they are unable to provide a specified bladder.
He stated the Department of Public Works recommends the next low bid from Ennis Paint, Inc., in the
amount of$136,957, for the yellow and white traffic paint, and the low bid from Swarco Reflex, Inc., in the
amount of$38,320, for the glass beads. Commissioner Vaad moved to approve said bids. Seconded by
Commissioner Geile, the motion carried unanimously.
APPROVE REVEGETATION SERVICES FOR 2005 BID - PUBLIC WORKS: Mr. Warden stated
the Department of Public Works recommends the low bid from Custom Services of Colorado, Inc., in the
amount of$20,160, for revegetation services for 2005. Ron Broda, Department of Public Works, stated
Custom Services of Colorado, Inc., has been a contractor for Weld County for seven years. He explained
the bid specification is requesting various services and each road project will be different. Commissioner
Geile moved to approve said bid. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, February 23, 2005 2005-0615
Page 2 BC0016
OLD BUSINESS:
CONSIDER LONG-TERM ROAD MAINTENANCEAND IMPROVEMENTS AGREEMENT ANDAUTHORIZE
CHAIR TO SIGN-CONQUEST OIL COMPANY(CON'T FROM 01/24/05): Bruce Barker,County Attorney,
reviewed the original agreement, stating Conquest Oil Company had originally been approved for twenty
trucks per day and is now requesting thirty trucks per day. Mr. Barker recommended the Board of County
Commissioners take no action upon said Resolution because Conquest Oil Company will be submitting
an Amendment to the Use by Special Review. Chris Gathman, Department of Planning Services, stated
the applicant has provided a letter indicating the Amended Use by Special Review application is in process.
Bill Hall, local real estate developer,asked if the applicant would be required to pave the road being utilized
by the trucks. Chair Jerke responded it would depend upon the amount of usage and a road agreement
would stipulate the maintenance requirements. He suggested Mr. Hall contact staff to obtain notification
of future meetings concerning the issue. The applicant was not present. After much discussion regarding
a proposed motion,Commissioner Vaad moved to approve a revised resolution with Mr. Barker to provide
the appropriate verbiage,stating the Board of County Commissioners is taking no action,since the applicant
is going to apply for an Amended Use by Special Review permit. Seconded by Commissioner Geile, the
motion carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD
COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-ESTATE OF ARVILLA SARCHET, C/O
DENNY AND JAMES SARCHET: Mr. Carroll identified the location of the property. He verified that there
is 60 feet of right-of-way between Sections 23 and 24 and all adjacent property owners were contacted.
The applicant was not present and there was no public comment. Commissioner Long moved to approve
said agreement. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 28 BETWEEN STATE HIGHWAY 85 AND WCR 31:
Frank Hempen,Jr., Director, Department of Public Works,stated the closure is requested to replace Bridge
28/25A. He stated said closure will take place March 1, 2005 through April 22, 2005. Responding to
Commissioner Masden, Mr. Hempen stated the County will abate dust in front of the houses located on the
detour route. Commissioner Vaad moved to approve said closure. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 17 BETWEEN WCRS 36 AND 38: Mr. Hempen stated
said closure will take place February 28,2005 through March 11,2005 to replace drainage pipes. He stated
the County will abate dust in front of the houses located on the detour route. Commissioner Geile moved
to approve said closure. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN - VERA GLENDENNING: Mr.
Hempen stated the property owner has paid the weed control bill and release of said lien is requested.
Commissioner Masden moved to approve said release. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN-MARILYN ROBINSON AND JOHN
RHOADS: Mr. Hempen stated the property owner has paid the weed control bill and release of said lien is
requested. Commissioner Geile moved to approve said release. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER TWO EXPENDITURE AUTHORIZATIONS FOR WAGNER-PEYSER AND WORKFORCE
INVESTMENT ACT 10%GOVERNOR'S SUMMER JOB HUNT PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Walt Speckman, Director, Department of Human Services,stated funds, in the amount of$30,000,
will be used to provide basic labor exchange services to youth seeking summer employment. Responding
Minutes, February 23, 2005 2005-0615
Page 3 BC0016
to Commissioner Masden, Mr. Speckman explained the program is entirely Federally funded.
Commissioner Geile moved to approve said authorizations. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER APPLICATION FOR COMMUNITY HEALTH INVESTMENT PROGRAM-PLATTE VALLEY
MEDICAL CENTER: Mr.Speckman stated the Platte Valley Medical Center has provided$10,000 to Weld
CountyArea Agency on Aging to enhance the dental,hearing and vision services to seniors 60 years of age
and older who reside in south Weld County. Chair Jerke stated Platte Valley Medical Center has a tithing
program and suggested staff pursue the hospital as a source of funding. Commissioner Long moved to
approve said application. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR LEARNING LABAND AUTHORIZE CHAIR TO SIGN-UNIVERSITY
OF COLORADO: Mr. Speckman stated this in an ongoing program with the BUENO Center for the
continuation of General Education Equivalency Diploma(GED)and English as a Second Language(ESL)
Program being held at Weld County Employment Services. He explained the BUENO Center conducts
classes and provides funding to cover the cost of the program. Responding to Chair Jerke, Mr. Speckman
stated this program conducts both English and GED classes. He stated the GED is the best test to
determine job performance abilities. Chair Jerke expressed his concern over individuals receiving a high
school diploma when they cannot speak English. Mr. Speckman stated the goal of the program is to
prepare individuals for employment. Commissioner Geile moved to approve said agreement. Seconded
by Commissioner Vaad, the motion carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN-HEREFORD
BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Mr. Barker stated no concerns were
expressed in response to the referrals regarding this renewal, therefore, he recommended approval.
Commissioner Long moved to approve said renewal. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM
SHERRY LEE GEORGE, DBA GEORGE'S LUCKY STAR RESTAURANT AND NITE CLUB.,TO BAYOU
HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE AND AUTHORIZE CHAIR TO SIGN: Mr. Barker
stated the application has been reviewed and is complete. Frank Piacentino, Building and Inspections,
stated a meeting was held between Eaton Fire District and the applicant. Mr. Piacentino stated because
the fire wall in the establishment has been dismantled and the applicant has proposed an occupancy load
of over 300, a sprinkler system is required. Responding to Chair Jerke, Mr. Barker stated the Transfer of
Ownership approval is not contingent upon the building inspection results. Bill Hall, applicant, stated the
sprinkler system is the best solution for a safe occupancy load. He stated there are water line issues and
he has met with several sprinkler system vendors to find a solution. Responding to Commissioner Geile,
Mr. Hall stated the expected opening date will depend on the approval and installation of the sprinkler
system. Responding to Chair Jerke, Mr. Hall explained the establishment will cater to a more mature
audience, 25 years of age and older, who are interested in dinner and music. He stated they are
encouraging a different atmosphere than the previous establishment. There was no public comment.
Responding to CommissionerGeile, Mr. Barker stated the sprinkler system issue needs to be resolved with
the Certificate of Occupancy and could be a Condition of Approval. CommissionerGeile moved to approve
said application with the issuance of a Certificate of Occupancy as a Condition of Approval. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, February 23, 2005 2005-0615
Page 4 BC0016
CONSIDER AGREEMENT FOR NON-RESIDENTIAL INTENSIVE SUPERVISION SERVICES PROGRAM
AND AUTHORIZE CHAIR TO SIGN-6I, INC.: Commissioner Masden moved to continue the matter until
February 28, 2005 at 9:00 a.m. to allow staff attendance. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER AGREEMENT FOR COMMUNITY CORRECTIONS INMATE INTENSIVE SUPERVISION
PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN-BI, INC.: Commissioner Masden moved to
continued said matter to February 28, 2005 at 9:00 a.m. to allow staff attendance. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE COURT PROJECT AND
AUTHORIZE CHAIR TO SIGN: Joann Holden, District Attorney's Office, stated the grant is a renewal, in
the amount of$9,000, to supplement salaries for employees working in the Domestic Violence Program.
Commissioner Geile moved to approve said grant award. Seconded by Commissioner Masden,the motion
carried unanimously.
CONSIDER DESIGNATION OF BROKERS/DEALERS FOR INVESTMENT OF WELD COUNTY FUNDS:
Mr.Warden stated the Weld County Treasurer has requested authorization for the brokers and/or dealers
who will be investing Weld County funds. He listed the names of the brokers and dealers, stating they are
designated to handle investment transactions,as instructed by the Weld County Treasurer. Commissioner
Geile moved to approve said designation. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER BROKERAGE ACCOUNT FOR THE PURCHASE AND SALE OF SECURITIES AND OTHER
PROPERTIES ANDAUTHORIZE CHAIR TO SIGN-UBS FINANCIAL SERVICES, INC.: Mr.Warden stated
this Resolution designates Donald Mueller, Donald Warden and Sue Young as the Investment Officers
authorized to act on behalf of Weld County when dealing with UBS Financial Services, Inc. Commissioner
Geile moved to approve said brokerage account. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
AUTHORIZE REMOVAL OF SAME FROM INVENTORY LIST: Mr. Warden stated this Resolution
addresses equipment that is surplus or obsolete. He stated some of the equipment may be sold; however,
most of the equipment will be disposed of. Commissioner Geile moved to approve said resolution.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RECOMMENDATION OF APPOINTMENTS TO JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Long moved to appoint Mike Geile, Dave Tuttle, Paulette Tarnasky and Dana
Wilks to the Juvenile Services Planning Committee. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER REAPPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Masden
moved to reappoint Mary Bohlenderto the Island Grove Park Advisory Board. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENT TO BOARD OF ADJUSTMENT: Commissioner
Geile moved to appoint Chad Auer, Don Beierbach, Bryant Gimlin and Doug Ochsner;and to reappointment
Tony Evans to the Board of Adjustment. Seconded by Commissioner Masden, the motion carried
unanimously.
Minutes, February 23, 2005 2005-0615
Page 5 BC0016
CONSIDER APPLICATION FOR TONY GRAMPSAS YOUTH SERVICES PROGRAM GRANT AND
AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated the program is designed to assist young people who
are dropouts,expelled youth,or youth who are on waiting lists for alternative schools in obtaining the needed
remedial and basic skills development to return to the educational system. Commissioner Masden moved
to approve said application. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER LETTER OF ENGAGEMENT FOR SERVICES FOR HEALTH INSURANCE PORTABILITY
ANDACCOUNTABILITYACT(HIPAA)COMPLIANCE ANDAUTHORIZE CHAIR TO SIGN-DIGITALCARE,
INC.: Mr. Warden stated that to be in compliance with HIPAA regulations,Weld County must go through
a security compliance assessment. He explained DigitalCare, Inc., has been contracted to perform a
Security Gap Analysis, a Security Risk Assessment, prepare a Recommendations Report, perform an
on-site audit of Weld County policies,and provide workforce training to Weld County employees impacted
by the HIPAA Security Rule. He stated there are heavy fines for noncompliance. Commissioner Geile
moved to approve said letter of engagement. Seconded by Commissioner Vaad, the motion carried
unanimously.
PLANNING OLD BUSINESS:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1394-
NORTHERN COLORADO CONSTRUCTORS, INC.: Chris Gathman, Department of Planning Services,
reviewed said Use by Special Review Permit and associated Conditions of Approval. He stated the
applicant has met the Conditions of Approval and staff recommends dismissal of the Probable Cause
Hearing. Char Davis, Department of Public Health and Environment, stated the applicant is working with
staff on the vault system. Keith Meyer, Department of Public Works, stated the applicant has signed the
road improvements agreement and it will be presented to the Board for approval. Responding to
Commissioner Masden, Mr. Meyer stated the various haulers have broken up the road improvements into
phases and the improvements will occur within six months of signing road improvement agreements.
Responding to Commissioner Masden, Mr. Gathman stated the applicant has applied for building permits
for the trailer office. John Zadel, applicant, expressed his appreciation for the spirit of cooperation by the
Board of County Commissioners and the many hours staff spent working with him. Commissioner Vaad
moved to dismiss the Probable Cause Hearing. Seconded by Commissioner Masden,the motion carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1382-
VETERINARY PROPERTIES, LLC(CON'T FROM 11/22/04): Jacqueline Hatch, Department of Planning
Services, reviewed the Conditions of Approval, stating the applicant has requested the planted materials
on site be accepted and the collateral be released. She stated staff conducted a site inventory and found
the plants used are not in compliance with the recorded plat. She stated the applicant has provided a list
of materials recommended by the West Greeley Soil Conservation District (WGSCD). She stated the
Poplars planted are in sapling stage and the other plants are very small;she stated staff is requesting denial
of release of collateral and recommends retaining$5,000 to give the applicant time to replace the Poplars
with sixteen foot Blue Spruce trees, as stated in the resolution dated July 10, 2002. Responding to
Commissioner Masden, Ms. Hatch stated WGSCD recommended and provided the plant material.
Responding to Commissioner Vaad, Ms. Hatch stated the material planted is so small in size, staff
maintains itwill not provide adequate screening and windbreak requirement. Shawn Bott, applicant,stated
the application process was overwhelming and agrees the plat does not coincide with what has been
planted; however,to plant a windbreak and have it effective the same year,or subsequent years, seemed
unreasonable. He stated WGSCD was consulted and recommended the plant material used. He stated
he flood irrigates the property and planted the Poplars because they will grow fast and provide the windbreak
and protection for the Austrian Pines that were planted. Christy Bott,applicant,stated drought tolerant plant
species were chosen and she did not realize the plants were not in compliance. There was no public
comment. Chair Jerke stated Austrian Pines and Junipers are an excellent choice because they
Minutes, February 23, 2005 2005-0615
Page 6 BC0016
accomplish the screening and windbreak requirement and to purchase trees six feet tall would be cost
prohibitive. In response to Commissioner Geile, Mr. Barker recommended adding a statement to the
resolution regarding the plant material being in compliance. Commissioner Geile moved to release the
collateral. Seconded by Commissioner Long, 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.
Therebeing no further business, this meeting was adjourned at 10:35 a.m.
‘1/211Elisa BOARD OF COUNTY COMMISSIONERS
I
WELD COUNTY, COLORADO
1861Imp
William H. rke, Chair
k to the Board
M. r.- em
BY:
Deputy Clerk to e , o:rd �
D= 'd Long
Rob-7 D. •asdert
fid /1
Glenn Vaad ---
Minutes, February 23, 2005 2005-0615
Page 7 BC0016
Hello