HomeMy WebLinkAbout20050166 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 12, 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 12, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of January 10, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,JUVENILE COMMUNITY REVIEW BOARD-CARLA CRONKAND JANICE
BROWN:ChairJerke read the certificates recognizing Carla Cronk and Janice Brown for their work on the
Juvenile Community Review Board. Neither were present to receive their awards.
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 $351,882.32
2005-0166
BC0016
O/-i9-OS-
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT 1/2-TON 4 X 4 WITH CREW CAB BID - BUILDINGS AND GROUNDS DEPARTMENT: Pat
Persichino,Director of General Services,read the names of six vendors who submitted bids into the record.
Said bid will be considered for approval on January 26, 2005.
PRESENT 1/2-TON 4 X4 PICKUPS BID-DEPARTMENTS OF BUILDING INSPECTION AND PLANNING
SERVICES:Mr. Persichino read the names of seven vendors who submitted bids into the record. Said bid
will be considered for approval on January 26, 2005.
PRESENT PATROL VEHICLES BID-SHERIFF'S OFFICE: Mr.Persichino read the names of four vendors
who submitted bids into the record. Said bid will be considered for approval on January 26, 2005.
PRESENT CIVILIAN VEHICLES BID-SHERIFF'S OFFICE: Mr.Persichino read the names of five vendors
who submitted bids into the record. Said bid will be considered for approval on January 26, 2005.
PRESENT SUV'S BID-SHERIFF'S OFFICE: Mr. Persichino read the names of six vendors who submitted
bids into the record. Said bid will be considered for approval on January 26, 2005.
PRESENT MEDIUM SUV BID - BUILDINGS AND GROUNDS DEPARTMENT: Mr. Persichino read the
names of six vendors who submitted bids into the record. Said bid will be considered for approval on
January 26, 2005.
PRESENT ALLOWABLE ALTERNATIVE VEHICLES/PARA TRANSIT BUSES BID-DEPARTMENT OF
HUMAN SERVICES: Mr. Persichino read the names of three vendors who submitted bids into the record.
Said bid will be considered for approval on January 26, 2005.
PRESENT MINI BUSES WITH RAMPS BID-DEPARTMENT OF HUMAN SERVICES: Mr.Persichino read
the names of three vendors who submitted bids into the record. Said bid will be considered for approval
on January 26, 2005.
PRESENT ALLOWABLE ALTERNATIVE VEHICLES BID-DEPARTMENT OF HUMAN SERVICES: Mr.
Persichino read the names of nine vendors who submitted bids into the record. Said bid will be considered
for approval on January 26, 2005.
NEW BUSINESS:
CONSIDER ARTERIAL ACQUISITION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF
DACONO:Bruce Barker,CountyAttorney,stated this agreement is to identify necessary right-of-way along
Weld County Road 13 to allow its completion as an arterial roadway,and to execute an agreement whereby
County staff completes the acquisition of rights-of-way, which will later be transferred to Dacono. Mr.
Barker stated there are only a few properties in this phase, and the agreement is the correct mechanism
to allow that process. Responding to Commissioner Masden, Keith Meyer, Department of Public Works,
stated Phase II is Weld County Road 8 to Highway 52;however,this agreement only covers Phase I,which
only includes two parcels. Chair Jerke stated that Weld County has taken it upon itself to provide regional
transportation for the County,working with communities and developers to ensure continuity of movement.
He stated this is only one small piece of the entire project of defining and identifying strategic roads,and it
is of utmost importance to continue that process. Commissioner Long moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
Minutes, January 12, 2005 2005-0166
Page 2 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD
COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-KENNETH AND JULIE MOTLEY: Don
Carroll,Department of Public Works,stated this agreement resulted from approval of Recorded Exemption
#3971,and it will allow access from Weld County Road 6 onto Weld County Road 61,then to Weld County
Road 4. Mr. Carroll stated the adjacent property owners have offered no objections, and 60-feet of
right-of-way currently exists. He also stated a sign will be installed at the intersection of Weld County Roads
61 and 4 to identify Weld County Road 61 as a non-maintained County road. Commissioner Vaad moved
to approve said agreement and authorize the Chairto sign. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN -RAFFERTY'S, INC., DBA RAFFERTY'S: Mr. Barker stated this is the annual renewal of the Hotel
and Restaurant License,and that the Sheriffs Office has no concerns regarding the establishment. He also
stated there is information included regarding a Stipulation and Agreement between the Colorado Liquor
Enforcement Division and the owner resulting from a"Shake It a Day"gambling incident. He explained that,
pursuant to Section 47-9-22, C. R. S., no gambling is allowed on the premises of a liquor-licensed facility
where a cut is being taken by the facility;although there is allowed a"social relationship"between gamblers,
if the licensed facility does not receive any of the money. He stated in this case, an enforcement officer
conducting a routine investigation was allowed to participate in the game,which gave the appearance of
not being a true"social relationship". The officer stated this was an insignificant matter; however, he felt
obligated to process the suspension. Mr. Barker further explained a seven-day suspension was issued,
three of which were to be served. However,$380.00 was paid in lieu of the suspension,and the other four
days were held in abeyance for a period of one year pending no further violations of the Colorado Liquor
Code. Don Edict, Rafferty's, stated a customer started the game, and each person putting a dollar in the
can,was allowed to shake the dice to try to get the correct number,thereby winning the entire pot.He stated
Rafferty's was not receiving any of the money,and he did not feel it was gambling. Obviously,now that he
does know,he will make sure it is no longer allowed on the premises. ChairJerke stated there is a fine line
between the legal and illegal gambling in the State at this time, and it is dangerous to be involved on any
level. Mr. Edict stated he does fully understand that now;however, he did not originally understand it to be
gambling. Commissioner Geile moved to approve the renewal of said liquor license and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
AUTHORIZE CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL MEETING OF THE
LUPTON MEADOWS DITCH COMPANY: Mr. Barker stated this is the same as was approved on
January 10, 2005, for the Fulton Irrigating Ditch Company. This one is for the Lupton Meadows Ditch
Company meeting,to be held on January 15,2005,and one of those listed in the draft Resolution will attend
the meeting. Commissioner Masden moved to approve the draft Resolution. The motion, which was
seconded by Commissioner Long, carried unanimously.
AUTHORIZE CHAIR TO SIGN PROXY FOR VOTING STOCK FOR THE ANNUAL MEETING OF THE
LUPTON BOTTOMS DITCH COMPANY:Commissioner Masden moved to approve the draft Resolution.
The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER REAPPOINTMENT TO GREELEY-WELD COUNTY AIRPORT AUTHORITY:Commissioner
Vaad moved to reappoint Darrel Dilley to the Airport Authority Board,with a term to expire December 31,
2008. Commissioner Masden seconded the motion. Responding to Commissioner Geile,Commissioner
Vaad stated Mr. Dilley is an airline pilot trainer, who currently serves on the Board, having filled in for a
vacant position. Chair Jerke stated he is very professional,and a"master certified trainer of commercial
airport pilots. On a call for the vote, the motion carried unanimously.
Minutes, January 12, 2005 2005-0166
Page 3 BC0016
PLANNING:
CONSIDER AGREEMENT FOR IMPROVEMENTS ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT
COLLATERAL,FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,PF#613-CATTAIL CREEK GROUP,
LLC: Kim Ogle, Department of Planning Services,stated the Departments of Planning Services and Public
Works have reviewed said agreement and feel the$264,100.00 of posted collateral is sufficient to complete
all the work required. Therefore,he recommended acceptance. Commissioner Masden moved to approve
said agreement, authorize the Chair to sign, and to accept the collateral as presented. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 70 ROAD
STABILIZATION FOR DUST CONTROL,AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#613-CATTAIL CREEK GROUP, LLC: Peter
Schei, Department of Public Works, stated this is the agreement regarding dust control for Weld County
Road 70 for the same development discussed in the prior item of business. He recommended approval.
In response to Chair Jerke, Mr. Schei stated the proportional share is 27 percent for Cattail Creek Group,
and 73 percent for Weld County. Commissioner Masden moved to approve said agreement,authorize the
Chair to sign, and accept the collateral as posted. Seconded by Commissioner Vaad,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.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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�� William H. J e, Chair
I-J to the Board
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®( r M.M. ile, Pro-Tem
Deputy Clerk to u - :oard
id E. Lon
Robert . Masden
Glenn Vaad
Minutes, January 12, 2005 2005-0166
Page 4 BC0016
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