HomeMy WebLinkAbout20053299.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 7, 2005
TAPE #2005-41
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, November 7, 2005, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair- EXCUSED
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden - EXCUSED
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of November 2, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on November 2,2005,as follows: 1)USR#1519-Glen and Virginia VanOeveren;and 2)USR
#1517 - Petro-Canada Resources (USA) Inc., do Meridian Environmental Management, LLC.
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 Long moved to approve the consent agenda as printed.
Commissioner Vaad seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-3299
BC0016
/I 23-o<
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $593,708.71
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADEAND MAINTENANCE OF
WCR 17 AND AUTHORIZE CHAIR TO SIGN - RHONDA BURRY: Don Carroll, Department of Public
Works, stated the nonexclusive license agreement is required through Recorded Exemption#4252. He
stated the property will be accessed from Weld County Road 17, north of Weld County Road 96,which is
maintained by the County. He stated Lot A is 10 acres in size, and Lot B is 70 acres in size. Mr. Carroll
stated 60 feet of right-of-way is available, and surrounding property owners did not have any concerns.
Commissioner Vaad moved to approve said nonexclusive license agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 21 AND AUTHORIZE CHAIR TO SIGN - MIKE MCCRERY: Mr. Carroll stated the nonexclusive
license agreement is required through Recorded Exemption#4117. He stated the property will be accessed
from Weld County Road 21, adjacent to Weld County Road 110, which is maintained by the County. He
stated Lot A is 34.9 acres in size, and Lot B is 45.1 acres in size. Mr. Carroll stated 60 feet of right-of-way
is available, and the surrounding property owners did not have any concerns. Commissioner Vaad moved
to approve said nonexclusive license agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDERAPPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZECHAIR
TO SIGN-A AND G CONCEPTS,INC., DBA BEARS SPORTS SALOON: Bruce Barker,County Attorney,
stated Commander J.D. Broderius, Weld County Sheriffs Office, had no concerns regarding the
application, and approval is recommended. No public testimony was offered concerning the application.
Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER USE OF FORFEITED PROPERTY BY THE SHERIFF'S OFFICE: Mr. Warden stated
Section 2-8-110 of the Weld County Code requires the Sheriff to obtain authorization from the Board to
convert confiscated property for use within the Office. He stated the Sheriffs Office is requesting use of
a Dell Computer, and other electronic equipment in the Digital Evidence Section of the Weld County
Forensic Lab. Commissioner Vaad moved to approve said use of forfeited property. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF THE WELD COUNTY CODE-OWENS-BROCKWAY GLASS CONTAINER,
INC.: Mr. Barker stated the Board may consider extension of the Temporary Certificate of Occupancy,or
authorize the County Attorney's Office to proceed with the violation process. Roger Vigil, Department of
Building Inspections, stated the Temporary Certificate of Occupancy for Owens-Brockway expired on
November 4, 2005; and it cannot be renewed by Building Inspection staff, since it has previously been
renewed. Mr. Vigil stated an inspection was completed on November 4, 2005, no hazardous conditions
were witnessed at the site,and operation may continue in a safe manner should the certificate be extended
by the Board. In response to Commissioner Long, Mr. Barker stated the certificate may be extended for
up to a six-month period.
Minutes, November 7, 2005 2005-3299
Page 2 BC0016
Richard McDonald, representative of The Lathrop Company,stated The Lathrop Company is the current
contractor representing Owens-Brockway. Mr. McDonald stated a letter from Joseph Cleveland, Project
Manager, was sent to the County on November 3, 2005, requesting an extension of the Temporary
Certificate of Occupancy. He stated the request is due to anticipated filing of an appeal with the Windsor
Severance Fire Protection District regarding an interpretation of the International Fire Code 203,
Section 910.4.4. He further stated he believes the installed smoke evacuation system meets the obligations
of the Code;however,the Windsor Severance Fire Protection District does not agree. In response to Chair
Pro-Tem Geile,Mr.McDonald stated the length of extension needed would be determined by the outcome
of the appeal process. He stated if The Lathrop Company loses the appeal, a new system would need to
be engineered;however,if the appeal is resolved favorably,the process will be much quicker. In response
to Chair Pro-Tem Geile, Mr. Barker stated the Temporary Certificate of Occupancy may be extended for
a length of time deemed appropriate by the Board,and if more time is needed,an additional amount of time
may be granted by the Board. He further stated the Board has the final decision regarding the final
Certificate of Occupancy should the applicant not be able to resolve the issues raised by the fire protection
district. Commissioner Long stated he is in favor of granting a six-month extension.
Jerry Ward, Fire Chief of the Windsor Severance Fire Protection District, stated there were originally four
outstanding issues; however,three of the four issues have been resolved. He stated the remaining issue
is in regards to the smoke and heat fans. He stated he has been informed that the contractor is considering
an appeal; however, he has not received information regarding it. Mr.Ward stated once the basis of the
appeal is understood,the goal is to work through the issue prior to scheduling an appeal process. He stated
if the appeal process is necessary, it will take approximately three weeks to complete the process. In
response to Chair Pro-Tem Geile,Mr.Ward stated a six-month extension would be sufficient. In response
to Commissioner Vaad, Mr.Ward stated in the event of a fire, the smoke and heat fan system will remove
the smoke and reduces the heat to allow firefighters to enter the building and assess the situation. He
further stated the issue in question is in regard to the power supply in an emergency situation, and the
system needs to be able to draw energy if electrical power is lost. Mr. McDonald stated the electrical panel
is powered by two main sources from the Poudre Valley REA,and if both sources were to fail,two back-up
emergency generators provide electricity. He further stated a total loss of power would be unlikely. He
stated the panel may be shut down manually for repairs; however, an alarm will alert the supervisor if the
panel has been shut down and does not send a signal to the Fire Protection District.
In response to Commissioner Long,Mr.McDonald stated he understood the representatives from Owens-
Brockway had a clear understanding of necessary components regarding design of the smoke evacuation
system; however, he was not present at the meeting at which the design of the system was agreed upon.
Responding to Chair Pro-Tem Geile, Mr. McDonald stated the generators are used solely for emergency
backup. Commissioner Vaad moved to grant a six-month extension of the Temporary Certificate of
Occupancy for Owens-Brockway,and dismiss the need for legal action by the County Attorney. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ACS GOVERNMENT
SYSTEMS,INC.: Mr.Warden stated the service agreement was recommended in the 2006 Budget,and
adds a consultant to the Affiliated Computer Services support staff. He stated the consultant is needed
primarily to handle the needs and requests from the Departments of Social Services and Public Health and
Environment. He further stated a majority of the funds will be recovered by reimbursements through Social
Services. In response to Chair Pro-Tem Geile, Mr. Warden stated Affiliated Computer Services has
recently spent over$250,000.00 to upgrade security in the system, and 24/7 monitoring is now done by a
third party. He stated a number of policy changes have been adopted regarding security and the updating
of passwords, and a Security Manager is now shared with Adams County. Mr. Warden stated many
software upgrades have been implemented,and the servers now have intrusion devices and are monitored
Minutes, November 7, 2005 2005-3299
Page 3 BC0016
by video surveillance. Commissioner Vaad moved to approve said service agreement and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR
NOVEMBER 30,2005: Commissioner Vaad moved to cancel the Board of County Commissioners meeting
scheduled for November 30, 2005. 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.
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
I1"'1%, WELD COUNTY, COLORADO
J
ATTEST: elan l � . EXCUSED
-> e �`• AllWilliam H. Jer , Chair
Weld County Clerk to the Bo-1 ' %jj
r
/ � ile, Pro
•D uty C rk to the Bo rd
David E. Long
EXCUSED
Robert D. Masde
Glenn Vaad a--
Minutes, November 7, 2005 2005-3299
Page 4 BC0016
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