HomeMy WebLinkAbout20051733.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 13, 2005
TAPE #2005-26
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, June 13, 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 Masden moved to approve the minutes of the Board of County Commissioners
meeting of June 6,2005,as printed. Commissioner Geile 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 Long moved to approve the consent agenda as printed.
Commissioner Masden 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 $1,611,901.44
Commissioner Geile moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
2005-1733
BC0016
BIDS:
APPROVE ROTOMILLING FOR VARIOUS AREAS FOR 2005 BID-DEPARTMENT OF PUBLIC WORKS:
Pat Persichino, Director of General Services, stated Public Works recommended the low bid from
Dustrol, Inc., for a total of$28,474.52. Responding to Commissioner Jerke, Mr. Persichino stated Weld
County has positive previous experience with Dustrol. Commissioner Vaad moved to approve said bid.
The motion, which was seconded by Commissioner Masden, carried unanimously.
ALLOWABLE ALTERNATIVE VEHICLES - PARA-TRANSIT BUSES BID - HUMAN SERVICES
DEPARTMENT(CON'T FROM 05/25/05): Mr. Persichino stated Human Service recommended the low
bid from Weld County Garage for a total of$80,360.00 for two buses. Commissioner Geile moved to
approve said bid. The motion, which was seconded by Commissioner Long, carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER OPTION TO RENEW LETTER#1 FOR THE TOBACCO EDUCATION AND
PREVENTION PROGRAM AND AUTHORIZE CHAIR TO SIGN:Gaye Morrison,Department of Public Health
and Environment, stated this renewal is for the term of July 1, 2005 through September 30, 2005, in the
amount of$25,200.00 Responding to Commissioner Vaad, Ms. Morrison stated it is expected that the
funds will be received by the State Health Department for the continuance of the Tobacco Prevention
Program. She stated funding is from the Tobacco Settlement Funds. Commissioner Vaad moved to
approve said task order and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER TASK ORDER OPTION TO RENEW LETTER#1 FOR THE TUBERCULOSIS PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Linda Henry, Department of Public Health and Environment,stated this
renewal is to provide Tuberculosis control for Weld County, in the amount of$56,912.00, for the term of
July 1, 2005 through June 30,2006. She further stated that the contract provides$12.50 per on-site visit,
and $25.00 per field visit for directly observed therapy. Responding to Chair Jerke, Ms. Henry stated a
small amount of the funds will be provided by the Center for Disease Control, but the majority of the funding
is provided by the state. Commissioner Long moved to approve said task order and authorize the Chair
to sign. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER TASK ORDER FOR THE NURSE HOME VISITOR PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Ms. Henry stated this order will provide nurse home visitor services to low-income,first-time mothers
in Weld County for a term of July 1,2005 through June 30, 2006. She stated the amount of the contract is
$468,023.00, which includes Medicaid reimbursement of$182,513.00. Ms. Henry further stated a full
caseload of 150 clients is expected. Responding to Commissioner Geile,Mr.Warden stated that if this item
does not pass the budget process in November, the budget will have to be modified. Ms. Henry further
stated the funding comes from Master Tobacco Settlement funds, as well as Medicaid. Responding to
Chair Jerke, Ms. Henry clarified that July 1, 2005 is the starting date. Commissioner Vaad moved to
approve said task order and authorize the Chair to sign. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER CONTRACT FOR THE EARLYAND PERIODIC SCREENING,DIAGNOSIS AND TREATMENT
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Henry stated this contract will provide case
management, outreach, and support services for children on Medicaid aged birth to 21, in the northeast
region of Colorado. She stated Weld County will be reimbursed a sum not to exceed$123,317.00 for the
term of July 1, 2005 through June 30, 2006. Commissioner Masden moved to approve said contract and
authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
Minutes, June 13, 2005 2005-1733
Page 2 BC0016
CONSIDER APPLICATION FOR COLORADO CANCER COALITION GRANT FOR PATIENT NAVIGATION
SYSTEM AND AUTHORIZE CHAIR TO SIGN: Ms. Morrison stated this new application to the Colorado
Cancer Coalition, called the Patient Navigation System, is to establish a network of resources for breast
and cervical screening,treatment,and aftercare. She stated there is talk of a future plan to merge with the
American Cancer Society Patient Navigation System. She stated the term for the grant is July 1, 2005
through April 30,2005 and the total amount of the request is$24,999.00. Ms. Morrison stated the funding
will provide a Health Educator, who will develop the network of resources, and train volunteers who will
continue to provide ongoing assistance if the funding is not renewed in the future. Responding to Chair
Jerke, Ms. Morrison stated this grant only includes female cancers, since this is the area in which there is
the most familiarity; however, the plan is to expand the program in the future. Ms. Henry stated it is
important for men to have education and receive support for cancers that are specific to them,and the plan
is to continue to give information to males about early detection and prevention. Responding to Chair Jerke,
Ms. Morrison stated the program target is the underinsured and uninsured women in Weld County,and the
plan is modeled after a similar plan in Larimer County. Commissioner Vaad moved to approve said
application, and authorize the Chair to sign. The motion, which was seconded by Commissioner Long,
carried unanimously. (Changed to Tape #2005-27.)
CONSIDER CONSULTANT AGREEMENT FOR MIGRANTAND SEASONAL HEAD START PROGRAM
AND AUTHORIZE CHAIR TO SIGN - VIRGINIA STEVENSON: Walt Speckman, Director of Human
Services,stated this consultant agreement is in conjunction with the Migrant/Seasonal Head Start program.
He stated this agreement is to hire a consultant to work with parents of children with a disability, to help
them understand their responsibilities, and make sure they are aware of their roles. Commissioner Geile
moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR THE SPECIAL EDUCATION SERVICE
AGREEMENT CONCERNING MIGRANTAND SEASONAL HEAD START PROGRAM AND AUTHORIZE
CHAIR TO SIGN-MESA COUNTY SCHOOL DISTRICT 51:Mr. Speckman stated this agreement is related
to the previous business item, regarding the development of individual education plans for students with
disabilities. He stated this memorandum lays out the relationship for the District,and teaches how to work
with those students. Commissioner Masden moved to approve agreement and authorize the Chairto sign.
The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER CONTRACT FOR OMBUDSMAN PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr.
Speckman stated the funds for this contract help support victim assistance services that are being provided
by the Area Agency on Aging's Long Term Care Ombudsman Program. The effective dates of the contract
are July 1, 2005 through June 30, 2006, for a total amount of$8,500.00. Commissioner Long moved to
approve said contract and authorize the Chairto sign. The motion,which was seconded by Commissioner
Masden, carried unanimously.
CONSIDER 2005-2006 CONTRACT FOR SINGLE ENTRY POINTANDAUTHORIZE CHAIR TO SIGN:Mr.
Speckman stated the effective dates of the contract are July 1, 2005 through June 30, 2006, for a total
amount of$575,636.00. He stated these are Federal funds that come through the State. Commissioner
Geile moved to approve said contract and authorize the Chair to sign. The motion,which was seconded
by Commissioner Masden, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 59 BETWEEN WCR'S 64 AND 64.5: Frank Hempen Jr.,
Director of Public Works, stated Weld County Road 59, between Weld County Roads 64 and 64.5,will be
closed from June 20,2005 until August 5,2005,to replace Bridge 59/64A. Responding to ChairJerke, Mr.
Hempen stated this bridge is over irrigation water, but the construction should not affect the flow of water.
Minutes, June 13, 2005 2005-1733
Page 3 BC0016
Commissioner Masden moved to approve said closure. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 38 BETWEEN WCR 23 AND STATE HIGHWAY 60:
Mr. Hempen stated Platte Valley Sand and Gravel has requested the closure of Weld County Road 38,
between Weld County Road 23 and State Highway 60,from June 24, 2005 through June 27,2005 for the
purpose of a chip seal paving project. He stated the detour route to the gravel pit will be Weld County
Road 40 from Highway 60 to Weld County Road 23,then Weld County Road 23 to Weld County Road 38.
Weld County Road 40 has been treated for dust, and the company will apply magnesium chloride to the
detour route. Responding to Commissioner Vaad, Mr. Hempen stated there is no penalty clause in the
agreement, if the work is not completed. Further responding to Commissioner Vaad, Mr. Hempen stated
staff will inspect the seal work. He also stated that if the work is abandoned by the contractor,Weld County
will be responsible to get it back to serviceable condition. Responding to Chair Jerke, Mr. Barker stated
a judgement, not a lien,would need to be filed in case of poor workmanship. Mr. Barker further stated that
an injunction could be sought to order the company to cease and desist until all improvements are made.
Stan Odenbaugh,property owner along Weld County Road 38,stated his concerns about the Platte Valley
Sand and Gravel road maintenance agreement. Mr.Odenbaugh stated that the road is poorly maintained,
and at times the road is impassible. He stated he is asking for denial of closure until the improvement
agreement can be enforced. He stated he has been in contact with the Department of Public Works, and
after an on-site visit, it was agreed that the road is unsafe. Mr. Odenbaugh stated a road grader from the
County came Sunday,June 12,2005,and the road remains almost impassible. He stated that Platte Valley
Sand and Gravel trucks are not following the haul routes pre-determined in their agreement;they have not
submitted a final pavement design plan;the dust abatement is not being properly controlled;and the truck
drivers are not adhering to stop signs in the area. He further stated the chip and seal was supposed to be
completed by May 27, 2005; however, it has already been delayed by a month. Responding to Mr.
Odenbaugh, Mr. Hempen stated there is a preliminary set of plans for intersection layout and grading;
however, he has not received a finalized set of plans. Mr. Odenbaugh stated he would like to see the
hauling stop until all improvements are made,and further requested that the road be paved,in the interest
of safety, before allowing the company to resume hauling. Responding to Commissioner Vaad,
Mr. Hempen stated the improvement agreement requires that$160,000 in collateral be posted when the
chip and seal project is completed on June 27, 2005. He further stated that if the improvements are not at
the level of expectation after June 27, 2005, the County can use the collateral to make improvements.
Commissioner Geile stated he is frustrated for the people who live in the area of Weld County Road 38,and
he would like to see a cease and decease order placed on Platte Valley Sand and Gravel. Chair Jerke
stated a contractual agreement should be allowed the proper time to be completed,then if it is not carried
out to the Board's satisfaction, action should be taken against the company. Commissioner Geile
recommended sending a letter on behalf of the Board,outlining the actions that will be taken if Platte Valley
Sand and Gravel does not complete the improvements to a satisfactory level. Chair Jerke directed Mr.
Barker to send a letter,and Commissioner Masden moved to approve said closure. The motion,which was
seconded by Commissioner Vaad, carried unanimously. Commissioner Vaad further stated he is
concerned for the welfare of the citizens using this road;however everyone has a right to use public roads,
and restrictions placed on the road would be unfair. Responding to Commissioner Geile, Mr. Hempen
stated the County can ensure the citizens'safety by diligently requesting Platte Valley Sand and Gravel to
make the improvements to the road immediately.Mr.Barker asked Mr.Odenbaugh to provide a copy of the
personal video footage he has taped on Weld County Road 38.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO WCR 13,AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-
DACONO ESTATES, LLC: Frank Hempen Jr., Director of Public Works, stated this property is within the
Dacono city limits;however,Weld County has entered into an Intergovernmental Agreement with the City
of Dacono to acquire the necessary right-of-way to complete this improvement. He stated this area of land
Minutes, June 13, 2005 2005-1733
Page 4 BC0016
is under development, and the city of Dacono is in the process of annexing it. He further stated the
developer has dedicated the property as a part of the annexation process, at no cost to the County, and
upon completion of the project,Weld County will dedicate the right-of-way back to Dacono. Commissioner
Masden moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Long, carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 38 RIGHT-OF-WAY,AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-ROY
AND JACQUELINE NELSON: Don Carroll, Department of Public Works,stated this Nonexclusive License
Agreement is a Condition of Approval for Recorded Exemption#4085. He stated the applicants are creating
a four-lot split. He stated Weld County Road 38 is a Section Line, and there is 30 foot right-of-way on each
side. Mr. Carroll stated that all surrounding property owners have been notified,and no negative complaints
have been received. Commissioner Long moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER PETITIONS FOR ANNEXATION FOR PORTIONS OF WCR'S 4 AND 6,AND ROAD RIGHT-
OF-WAY FOR WCR 35 - TOWN OF LOCHBUIE: Bruce Barker, County Attorney, stated this petition is
being considered at the request of the Town of Lochbuie. Mr. Barker stated the Town of Lochbuie has
previously annexed nearby property and is now requesting the annexation of portions of Weld County Roads
4 and 6,and the road right-of-way for Weld County Road 35. He stated notification was mailed to adjacent
property owners, and Exhibit A to the petition further describes the property being annexed. Mr. Barker
stated only the roadways will be annexed. Responding to Commissioner Vaad, Mr. Barker stated an
enclave cannot be created by annexing a roadway. Steven Johnson, area resident, stated he did not
receive notification from the Town of Lochbuie, and he stated his concerns regarding the impact the
annexation might have on his property. Mr. Barker responded that the annexation, improvements, or
maintenance to the road will not cost property owners anything,neither will current accesses be restricted.
Commissioner Masden reiterated the property owners would not lose access to farmland or be forced to
annex. Dale DeJamaco, owner of James Nursery, stated he received no notification; however, the
notification was sent to James Nursery. In response to Mr. DeJacamo,Mr. Barker stated the right-of-way
is currently 60 feet; however, he is not aware of the Town's future plans. Commissioner Vaad moved to
approve said petitions, with conditions. The motion, which was seconded by Commissioner Masden,
carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-AMAIZEING FARM EVENTS, LLC, DBAAMAIZEING FARM EVENTS: Mr. Barker stated Deputy
William Wagner, Sheriffs Office, had no concerns regarding this renewal. Commissioner Vaad moved
to approve said renewal and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long , carried unanimously.
CONSIDER RATIFICATION OF DECLARATION OF POOLING-CFG ENERGY, INC.: Mr. Barker stated
the Oil and Gas Lease includes an allowance for pooling; however, Bill Crews, Crews and Zeren, LLC, is
concerned that the terms of the existing pooling clause need clarification. Therefore, he has requested
ratification of the Declaration of Pooling. Commissioner Masden moved to approve said ratification. The
motion, which was seconded by Commissioner Long, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Minutes, June 13, 2005 2005-1733
Page 5 BC0016
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 10:10 a.m.
JE j���� BOARD OF COUNTY COMMISSIONERS
' �G WELD COUNTY, COLORADO
xY_3 William H. rke, Chair
n�"y lerk to the Board Klifincm� ; i e, P o-Tem
BY: �.
eputy Clerk to the Board
D 'd E. Lon
Robert D. asden
Glenn Vaad
Minutes, June 13, 2005 2005-1733
Page 6 BC0016
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