HomeMy WebLinkAbout20052430.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 15, 2005
TAPE #2005-32
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, August 15, 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, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 8, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Hearing conducted on
August 8,2005: 1)Creation of Southwestern Weld County Law Enforcement Authority; Hearings conducted
on August 9,2005: 1)Violation Hearings;and Hearings Conducted on July 28, 29,and August 2,4,and 5,
2005: 1) Board of Equalization Hearings. 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 Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,SHERIFF'S OFFICE-CHARLES CLARK: ChairJerke read the certificate
into the record, recognizing Charles Clark for 25 years of service with the Sheriffs Office.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-2430
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $944,568.38
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR RECYCLING OF OBSOLETE ELECTRONIC EQUIPMENT AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden stated the agreement is in conjunction with the Household
Hazardous Waste Program which will receive and recycle old electronic equipment on a limited basis in
order to conserve space in landfills. Commissioner Vaad stated he has discussed the agreement with
Dr. Mark Wallace, Director of Public Health and Environment, and is in support of the agreement. Chair
Jerke stated the agreement states there is no cost to the County for this program. Commissioner Vaad
moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by
Commissioner Long, carried unanimously.
CONSIDER AMERICORPS CONTRACT FOR YOUTH CONSERVATION CORPS AND AUTHORIZE
CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated the period of performance for the
Program is September 7,2005 through September 6,2005,and the total Federal funding provided for the
Program is $148,800.00. Responding to Chair Jerke, Mr. Speckman stated the work is performed
year-round. Commissioner Vaad expressed his appreciation for the people involved in the AmeriCorps
program. Commissioner Geile moved to approve said contract and authorize the Chair to sign. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER AGREEMENT FOR SERVICES FOR YOUTH CONSERVATION CORPS AND AUTHORIZE
CHAIR TO SIGN -COLORADO YOUTH CORPS ASSOCIATION: Mr. Speckman stated the agreement
will allow the Weld County Youth Conservation Corps to perform service through the 2005 Colorado State
Parks St.Vrain Habitat Restoration and Trail projects,the 2005 Recreational Trails Grant Poudre River Trail
Volunteer Maintenance and Patrol project, and the 2005 Recreational Trail Grants Poudre Trail - Bison
Arroyo Section project. He stated the period of performance for the projects is June 1, 2005 through
June 30,2006,with funds totaling$18,550.00 for the three projects. Commissioner Geile moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
REHABILITATION AND VISITING NURSE ASSOCIATION: Mr.Speckman stated the Rehabilitation and
Visiting Nurse Association (RVNA)will provide 2,030 units of homemaker/personal care services for 50
Weld County low-income frail seniors and a total of 24 units of skilled services to five low-income frail
seniors. He stated the term of the agreement is July 1, 2005 through June 30, 2006, with a total funding
amount of$35,000.00. Responding to Chair Jerke, Mr.Speckman stated the nurse visitations are not done
in conjunction with the Department of Public Health and Environment. Further responding to Chair Jerke,
Mr.Speckman stated this program allows the elderly to remain in their homes. Commissioner Vaad stated
the RVNA is a national organization which provides volunteer nursing services and Hospice services, to
defray the cost for seniors. Commissioner Vaad moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, August 15, 2005 2005-2430
Page 2 BC0016
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-SUNRISE
COMMUNITY HEALTH CENTER: Mr.Speckman stated the agreement is for the Migrant/Seasonal Head
Start Program. Sunrise Community Health Center will provide medical services in the amount of
$25,000.00, and dental services in the amount of $10,000.00, for children enrolled in the program.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN - JEAN MCCARTHY: Mr. Speckman stated Ms. McCarthy will provide
ophthalmology services within 45 days of enrollment for the Migrant/Seasonal Head Start children. He
stated Ms. McCarthy will be reimbursed for 10 to 20 hours per week, at a rate of$40.00 per hour, and the
term of the agreement is from August 22, 2005 through June 2, 2006. Commissioner Geile moved to
approve said consultant agreement and authorize the Chair to sign. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
FARNSWORTH GROUP: Frank Hempen, Jr., Director of Public Works, stated the agreement is a
continuation of a previous on-call agreement with the Farnsworth Group. He stated staff was pleased with
the efficiency and quality of work during previous projects. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER DISBURSEMENT CERTIFICATE FOR IMPROVEMENTS ESCROW AGREEMENT NO.
13685600 AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O
CALPINE CORPORATION: Mr. Hempen stated the first disbursement is for improvements at a railroad
crossing on Weld County Road 51, north of the 1-76 frontage road. He stated the disbursement, in the
amount of $129,865.19, will be payable to the Burlington Northern and Santa Fe Railway Company.
Responding to Commissioner Geile, Mr. Hempen stated the Escrow account has total funds of
$165,000.00. Commissioner Masden moved to approve said disbursement certificate and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER LIMITED IMPACT OPERATION (110) RECLAMATION PERMIT APPLICATION AND
PERFORMANCE WARRANTY FOR ASHBAUGH GRAVEL PIT TO COLORADO MINED LAND
RECLAMATION DIVISION AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated obtaining approval of
the 110 Permit application is the first step necessary to begin operations at the gravel pit,as well as starting
the process of obtaining a future permanent permit. Responding to Chair Jerke, Mr. Hempen stated the
Ashbaugh Gravel Pit is located on Weld County Road 115, approximately one-half mile north of Weld
County Road 80. Commissioner Long moved to approve said permit application and performance warranty
and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
LOCK\LINE, LLC: Mr.Warden stated lock\line, LLC, recently began operations in the TriPointe Business
Center. He stated the agreement is valid for four years, based on the nature of the equipment and
depreciation costs, and the incentives received are in the amount of$11,599.00. Chair Jerke stated this
will be a tremendous investment in the future of the citizens of Weld County, and lock\line will provide a
good opportunity forfirst-time jobs in a professional market. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
Minutes, August 15, 2005 2005-2430
Page 3 BC0016
CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Vaad moved
to appoint Cindy Olivas, Dwayne Newkirk, and Jeffrey Carlson,with terms to expire December 31, 2007,
and Ronnella Reisler,with a term to expire December 31,2006,to the Workforce Development Board. The
motion, which was seconded by Commissioner Masden, carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER ZONING PERMIT FOR A MOBILE HOME, ZPMH #2457 -J. ROBERT MAY (CONTINUED
FROM 08/08/05): Wendi Inloes, Department of Planning Services, stated after discussion with the
applicant, a deadline of December 2008 was determined to be a reasonable date for the applicant to
complete the necessary steps to apply for building permits, and a Condition of Approval has been drafted.
Robert May,applicant,stated December 2008 is the maximum date he considered to be realistic; however,
he stated he will apply for building permits as soon as it is feasible for him to do so. Responding to
Commissioner Vaad, Ms. Inloes recited the Condition of Approval which states"The applicant shall apply
for a building permit for Principle Dwelling by December 2008, and submit a letter converting the existing
mobile home into a Temporary Use During Construction of the new home." Commissioner Geile stated
the date is a long time out; however, it places a deadline for the applicant, and he believed it to be
reasonable. There was no public input on the matter.
Bruce Barker,County Attorney,requested ChairJerke ask Mr. May if he agreed to the condition of approval
as set forth by staff, and further clarified that if an application for a building permit is not submitted before
December 31, 2008, removal of the mobile home from the property would be required. Responding to
Chair Jerke, Mr. May stated he agreed to the Condition of Approval as set forth by staff. Mr. May further
stated that he understood that once the application for a building permit was completed, the mobile home
would be switched to a Temporary Use Permit; however, if he did not complete the application for a building
permit by December 2008, he would lose the Principle Dwelling Permit, and would have to remove the
mobile home from the property. Commissioner Geile moved to approve zoning permit for a mobile home,
ZPMH#2457,with the Condition of Approval that stipulates December 31, 2008 as the date the applicant
must apply for a permanent building permit,and the Condition stated by Mr. Barker and agreed upon by the
applicant. The motion was seconded by Commissioner Vaad. Upon request for a roll call vote,the motion
passed four to one, with Chair Jerke in opposition.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USR #1458 - KENNETH
SHANNON:Chris Gathman, Department of Planning Services,stated the Department of Planning Services
conducted a site inspection, and has determined the applicant is in compliance. He stated staff
recommends release of collateral in the amount of$4,373.13. Commissioner Long moved to approve said
cancellation and release of collateral. The motion,which was seconded by Commissioner Masden,carried
unanimously.
CONSIDER IMPROVEMENTSAGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1045-HIGHLANDACQUISITION
GROUP, LLC: Mr. Gathman stated collateral, in the amount of$362,426.55, has been received for the
Improvements Agreement for PF #1045, and the Department of Planning Services recommended
acceptance. Responding to Chair Jerke, Mr. Gathman stated the parcel of land is located south of
Highway 52 and east of Weld County Road 3. Further responding to ChairJerke, Mr. Gathman stated there
will be nine residential lots,which equals approximately$40,000 per lot for the Improvements Agreement.
Robert Jacobs, Department of Public Works, stated staff recommended approval. Commissioner Geile
moved to approve said agreement, authorize the Chair to sign, and accept collateral. The motion, which
was seconded by Commissioner Masden, carried unanimously.
Minutes, August 15, 2005 2005-2430
Page 4 BC0016
CONSIDER REQUEST TO PREADVERTISE MINOR SUBDIVISION FINAL PLAN,MF#1060-GARYAND
JUDY HARKLESS: Mr. Gathman stated a request for preadvertisement was received on August 4,2005
from Pickett Engineering, on behalf of the applicants for the Faith Estates Subdivision. He stated the
Department of Planning Services has reviewed the request, and recommends approval. Responding to
Chair Jerke, Mr. Gathman stated this case has not previously been presented before the Board.
Responding to Commissioner Geile, Mr. Gathman stated there has been no delay in the application
process, and a hearing before the Planning Commission has been scheduled for September 6, 2005. He
further stated the letter from Pickett Engineering states the applicants are experiencing financial hardship,
and would like to begin the construction process as soon as possible. Commissioner Geile moved to
approve said request to preadvertise. The motion,which was seconded by Commissioner Masden,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.
There being no further business, this meeting was adjourned at 9:40 a.m.
4 EJt1IP
Lam, BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��
William H. rke, Chair
o perk to the Board
=ai ,��/ . . e, ro-Tem
BY:
Deputy Clerk o the Board �Q� Cikal
DaVn2
Robe . Masdery
Glenn Vaad
Minutes, August 15, 2005 2005-2430
Page 5 BC0016
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