HomeMy WebLinkAbout20050798.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 9, 2005
TAPE #2005-14
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, March 9, 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 - EXCUSED
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 March 7, 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 Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, RONALD BRODA: Chair Jerke read the presentation into the record.
Frank Hempen, Jr., Director, Department of Public Works, stated Ron Broda is a committed, dedicated
public servant. He stated Mr. Broda has spent hours outside normal business hours conducting public
education events at Island Grove. He stated Mr. Broda has a difficult job; however, he has always
performed his responsibilities with style, class and candor, providing valued service to the Department of
Public Works and Weld County. Commissioner Long stated it was a pleasure working with Mr. Broda on
the Noxious Weed ManagementAdvisory Board and the courteous and professional manner in which Mr.
Broda has conducted himself has gained the respect of the Board of County Commissioners and the
citizens of Weld County. Commissioner Geile thanked Mr. Broda for his personal interest in educating the
County Commissioners on the importance of his job responsibilities. Commissioner Masden stated, as
2005-0798
BC0016
03 c73 -OCS
Coordinator of the Department of Public Works,he appreciated Mr. Broda's dedication and the contribution
Mr. Broda has made to Weld County. Chair Jerke stated he first became acquainted with Mr. Broda as a
citizen of Weld County,when he needed help with weed eradication on his property. Chair Jerke stated Mr.
Broda has demonstrated creativity and innovation during his tenure with Weld County and his efforts have
been appreciated by the employees and the citizens of Weld County. Mr. Broda stated Weld County has
been an excellent employer and a personal blessing to him and he has appreciated the support the current
Board of County Commissioners and his supervisors have given him.
RECOGNITION OF SERVICES, DONNA KARPOWICH: ChairJerke read the presentation into the record.
John Cooke,Weld County Sheriff,stated Ms. Karpowich has been an outstanding Facility Training Officer
and, because of her contribution, the Sheriffs Office has experienced a low incidence of suicide and
escape attempts. He stated Ms. Karpowich has been supportive through the overcrowded jail conditions
and the transition to the new facility and he presented her with a Challenge Coin pin as a token of the
Sheriffs Office appreciation. Chair Jerke stated that although direct contact with the 1,000 Weld County
employees is infrequent, the County Commissioners appreciate every employee and the service they
provide to the taxpayers of Weld County.
COMMISSIONER COORDINATOR REPORTS: Commissioner Masden reviewed his visit to Washington,
D.C. to attend the Environment, Energy and Land Use Committee meetings. He explained the National
Association of Counties voted to request monies for Federal intervention in land use planning. He also
attended an air quality meeting regarding coal-fired,electric-generated plants. CommissionerGeile stated
he had also traveled to Washington, D.C. to attend the Work Force Investment Act Conference. He
explained the budget cuts flowing through Congress could have an impact on Job Service, Job Training
and the Head Start Program. He stated meetings were also held with Senator Wayne Allard and aides to
Congresswoman Marilyn Musgrave and Senator Ken Salazar to explain Weld County's position regarding
the Work Force Investment Act.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $174,418.94
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE CHEMICAL PURCHASES FOR PUBLIC WORKS DEPARTMENT-WEED
AND PEST DIVISION: Mr.Warden requested emergency bid approval for the chemical purchases for the
Weed and Pest Division. He referenced a memorandum dated March 3, 2005, from Tina Booton,
Department of Public Works(see attached memorandum). Commissioner Masden moved to approve said
bids. Seconded by Commissioner Geile, the motion carried unanimously.
PRESENT AND APPROVE DUST PALLIATIVE PROJECT BID FOR 2005 - PUBLIC WORKS: Mr.
Warden stated the Department of Public Works recommended the low bid be awarded, on an emergency
basis, to GMCO Corporation located in Rifle, Colorado, in the amount of$220,254. He stated the local
bidder, Envirotech Services, Inc.,was within one percent of the low bid for the Mag Chloride. Jeff Jerome,
Department of Public Works, stated the bid award could be split between GMCO Corporation and
Envirotech Services, Inc.,for Mag Chloride and Mag Chloride and Lignin Sulfide. Commissioner Masden
moved to award the Mag Chloride bid to Envirotech Services, Inc.,in the amount of$140,006.25. Seconded
by CommissionerGeile,the motion carried unanimously. Commissioner Masden moved to award the Mag
Minutes, March 9, 2005 2005-0798
Page 2 BC0016
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 61 BETWEEN WCRS 70 AND 74: Mr. Hempen stated
said road will be closed from March 14, 2005, to March 18, 2005, to repair an eight-foot culvert.
Commissioner Masden moved to approve said closure. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 AND 2004 -
ENVIROCYCLE (CERVI LIVESTOCK): Duane Robson, Assessor's Office, stated staff conducted an
extensive audit of the Cervi Livestock feedlot to obtain an accurate list of equipment and its value. He
recommended approval of the abatement in the amount of$10,798 for 2003 and$9,959.64 for 2004. The
petitioner was not present. Commissioner Long moved to approve said abatement. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR 2003 - OMEGA HOMES
KATHRINE Z: Mr. Robson stated the Assessor's Office discovered two different businesses located within
the building. He explained the entire tax liability for the building had been incorrectly assessed to Omega
Homes and the petitioner is due an abatement in the amount of $1,849.08 for 2003. Commissioner
Masden moved to approve said petition. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR EVIDENCE PRESENTATION SYSTEMS
AND AUTHORIZE CHAIR TO SIGN - EXHIBITONE CORPORATION: Mr. Warden stated a grant was
received from the Drug Task Force in the amount of$65,000. He stated$62,238 will be used to purchase
television and video equipment for the new criminal courtrooms that will be completed April, 1, 2005. He
stated ExhibitOne Corporation has gone through the Federal procurement process and has completed
work for all the Federal courts in the region. Responding to Chair Jerke, Mr. Warden stated this was a
budgetary item that was rejected last year because it would have used General Fund dollars; however,the
District Attorney's office sought other funding sources. Commissioner Geile moved to approve said
agreement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF PRIVACY OFFICERS UNDER HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT: Commissioner Geile moved to approve the appointment of Linda Henry
as the HIPAA Privacy Officer for the Department of Public Health and Environment. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND
AUTHORIZE CHAIR TO SIGN -KEITH AND SHIRLEY ASHBAUGH: Mr. Hempen identified the location
of the Ashbaugh property. He explained the 20-acre site will provide soil, sand or gravel suitable for use
in construction of Weld County roads. He stated Weld County will pay the property owner a royalty of$.75
per ton for all soil, sand or gravel extracted and removed from the property during the term of the
agreement. The agreement also provides for the property owner to take up to 100 cubic yards, per
calendar year, of soil, sand or gravel stockpiled by Weld County on the premises for the owner's personal
use. Commissioner Masden moved to approve said agreement. Seconded by Commissioner Long, the
motion carried unanimously.
Minutes, March 9, 2005 2005-0798
Page 3 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,SPR#355-
LUCKY STARS CAR WASH, LLC, CIO PAUL AND JOELLEN GONZALES, JR.: Chris Gathman,
Department of Planning Services, stated on December 30, 2002, the Board of County Commissioners
approved collateral in the form of an Irrevocable Letter of Credit, in the amount of$15,159, for landscape
improvements. He stated staff has inspected the site and recommends full release of said collateral.
Commissioner Geile moved to approve the full release of the collateral in the amount of$15,159. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT(LANDSCAPE IMPROVEMENTS) FOR AMENDED SITE
PLAN REVIEW#188-BIG R MANUFACTURING, LLC: Mr.Gathman stated the Department of Planning
Services requests that the Board of County Commissioners accept the proposed improvements agreement
forAmended Site Plan Review,AMSPR#188,which seeks deferment of the outdoor screening requirement
to an unspecified future date. Mr. Gathman stated the applicant requests that all screening of adjacent
properties be deferred until new construction and/or development occurs on the adjacent property to the
south. He explained that at the future unspecified date,the applicant will construct an opaque fence and/or
plant a vegetative screen to mitigate the issue of outdoor storage of their property. The applicant was not
present. Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long,the
motion carried unanimously.
CONSIDER REQUEST OF JENNIFER SPERL, C/O ANTON SPERL REGARDING CONDITION OF
APPROVAL#2.E OF RECORDED EXEMPTION#3927: Mr.Gathman identified the location of the property.
He stated staff is recommending denial of the request due to failure of the applicant to meet Condition of
Approval#2.E. He stated there is currently a house located on proposed Lot A, and Lot B is a proposed
58-acre parcel with no existing buildings. He explained Weld County School District RE-1 has requested
an In Lieu payment to address any proposed single family dwelling unit constructed on Lot B. Mr.Gathman
stated it is a standard Condition of Approval for all Recorded Exemptions to address the conditions(if any)
required by the School District. Joe O'Brien, representative for the applicant, agreed to the decision of the
four residing Commissioners. Mr.O'Brien stated Lot B is currently for sale and who the prospective buyers
might be or what use may be proposed for the 58-acre lot is unknown. He explained the applicant is
protesting the In Lieu payment because there is currently no residence located on the property and feels
a prospective buyer should be responsible for said fee. Commissioner Geile explained to Mr.O'Brien the
Condition of Approval falls to the property owner applying for the Recorded Exemption. Bruce Barker,
County Attorney,stated the fee needs to be paid by the applicant and then reimbursed by the prospective
buyer of the property. Dr. Jo Barbie, Superintendent of School District RE-1, stated the only way of
collecting the fee is through the Recorded Exemption process; however, there is an agreement that Mr.
Sperl could sign that provides for payment at the time of the sale of his property. Responding to Chair
Jerke, Mr.Barker referenced Section 24-8-40K.1 of the Weld County Code,stating that if the applicant signs
the agreement provided by the School District to pay the full In Lieu payment at the time of sale of said
property,Weld County's Condition of Approval will be met. Mr.Sperl agreed to sign the agreement between
himself and Weld County School District RE-1 providing for the full In Lieu payment at the time of the sale
of his property. Chair Jerke asked that the record reflect that the Board of County Commissioners
witnessed the signing of the agreement between Anton Sperl and Weld County School District RE-1.
Commissioner Geile moved to find that Condition#2.E has been satisfied. 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.
Minutes, March 9, 2005 2005-0798
Page 4 BC0016
T eing no further business, this meeting was adjourned at 10:15 a.m.
E BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1S61 1r2���. ' 11
lid
�F1 � William H. J e, Chair
erk to the Board
M. J ei e, Pro- em
BY:
eputy Clerk t the and
David E. Long
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, March 9, 2005 2005-0798
Page 5 BC0016
i&criaril MEMORANDUM
' TO: Pat Persichino, Director of General Services
IIO DATE: March 3, 2005
• FROM: Tina Booton, Weed Division Supervisor r,(Jy%Dj r\.,
COLORADO
SUBJECT: Chemical Purchases for Public Works Department/
Weed and Pest Division
6Th
The Weld County Public Works Department/Weed and Pest Division requested bids for herbicides for the 2005 spray
season through MAPO (Municipal Assembly for Procurement Officials). The bids have been received and the low
bidder, that meets County specifications, has been identified for each item.
I recommend we purchase the following chemicals at the prices shown from the low bid supplier identified below.
Helena Chemical
Vanquish 8 (30 gal.) @-$56.52/gal. $13,564.80
Sahara DG 40 (10 lb. bags) @ $8.44/lb. 3,376:00
Krovar I DF 10 (6 lb.bags) @ $10.14/lb. 608.40
Garlon 4 2(2.5 gal.) @ $84.88/gal. 424.40
Rodeo 2 (2.5 gal.) @ $$36.94/gal. 184.70
Roundup Pro 2.5 gal. @$36.24/gal. 90.60
Hi Light Dye 8 (1 gal.) @ $26.89/gal. 215.12
Chemical Cost $18,464.02
UAP Timberland LLC
Tordon 22K 2 (30 gal.) @ $78.28/gal. $ 4,696.80
Overdrive 23 (15 lb. containers) @ $35.94/lb. 12,399.30
Target LC 140 (1pint) @ $8.85/pint 1,239:00
MSO 2.5 gal.@ $9.74/gal. 24.35
Chemical Cost $18,359.45
Van Diest Supply
2,4-D Amine (Aquatic Label) 4 (110 gal. containers) @ $9.09/gal. $3,999,60
Bark Oil /Blue 4 (2.5 gal.) @ $9.25/gal. 92;50
Access Penetrator 32 (2.5 gal.) @ $15.30/gal. 1.224.00
Chemical Cost $5,316.10
Total Chemical Costs $42,139.57
•
M:\WPFILES\PEST\Corzespondence\2005 chemical memo.doc
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