HomeMy WebLinkAbout20053687.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 21, 2005
TAPE #2005-49
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, December 21, 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 December 19, 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 Long moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
WELD COUNTY EMPLOYEE RECOGNITION- MARK WARD: Chair Jerke read the certificate into the
record, recognizing Mark Ward for his outstanding accomplishments. Dr. Stephen Cina, Coroner, stated
Mr.Ward has been employed at the Coroner's Office for the past three years,and continually exceeds his
job duties. He stated within the last year, Mr. Ward has obtained Master level certification through the
American Board of Medicolegal Death Investigations, and completed Police Officer Standard Training
through the Sheriffs Office, receiving the highest academic achievement. Dr. Cina stated he has received
numerous compliments regarding Mr. Ward's compassion from various citizens, and thanked Mr. Ward
for his service.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-3687
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$290,893.82
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
PRESENT ROAD WIDENER BID - DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of
General Services, read the name of the sole vendor who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006. Responding to Commissioner Geile, Frank Hempen, Jr.,
Director of Public Works, stated a road widener is used to construct shoulders, or to add edges to a road.
In response to ChairJerke,Mr. Hempen stated he will provide pictures of the machine on January 11,2006,
at the time the bid is considered for approval.
PRESENT AUTOMATIC SELF-PRIMED TRASH PUMP BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino read the name of the sole vendor who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006. In response to Chair Jerke, Mr. Persichino stated the
machine is used to extract water out of gravel. In response to Commissioner Masden, Mr. Persichino
stated the Department has presented a need for the machine, and the machine will be useful in many
projects.
PRESENT SIXTEEN-FOOT TRAILER BID- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read
the names of the five vendors who submitted a bid into the record. Said bid will be considered for approval
on January 11, 2006.
PRESENT SMALL COMPACT PICKUPS/4X4/EXTENDED BID- DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino read the names of the seven vendors who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006. He stated two figures were miscalculated; however, they
have been corrected, and the recommendation for approval will reflect the corrected figures.
PRESENT PICKUPS EXTENDED CAB/4X4/E85 ENGINE BID- DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino read the names of the nine vendors who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006.
PRESENT REGULAR PICKUPS/4X4/E85 ENGINE BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino read the names of the ten vendors who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006. In response to Commissioner Vaad, Mr. Persichino stated
an E85 engine can use both unleaded gasoline and alternative ethanol fuels. Responding to Commissioner
Masden, Mr. Persichino stated he is not aware of additional costs associated with an E85 engine;however,
he will research and provide information at the time of the consideration of the bid.
PRESENT ONE TON PICKUP TRUCKI4X4 BID- DEPARTMENTOF PUBLIC WORKS: Mr. Persichino
read the names of the eight vendors who submitted a bid into the record. Said bid will be considered for
approval on January 11, 2006.
PRESENT 3/4 TON EXTENDED CAB PICKUP WITH BI-FUEL PACKAGEOPTION BID-DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Persichino read the names of the four vendors who
submitted a bid into the record. Said bid will be considered for approval on January 11, 2006.
Minutes, December 21, 2005 2005-3687
Page 2 BC0016
PRESENT 3/4 TON 4X4 EXTENDED CAB PICKUP TRUCK BID-SHERIFF'S OFFICE: Mr. Persichino
read the names of the nine vendors who submitted a bid into the record. Said bid will be considered for
approval on January 11, 2006. Mr. Persichino stated these pickups are used as Animal Control vehicles.
PRESENT MID SIZED 4X4 PICKUPS BID-DEPARTMENT OF PLANNING SERVICES: Mr. Persichino
read the names of the seven vendors who submitted a bid into the record. Said bid will be considered for
approval on January 11, 2006.
PRESENT PATROL VEHICLES BID-SHERIFF'S OFFICE: Mr. Persichino read the names of the three
vendors who submitted a bid into the record. Said bid will be considered for approval on January 11,2006.
PRESENT FOUR DOOR 4X4 VEHICLE BID-SHERIFF'S OFFICE: Mr. Persichino read the names of the
five vendors who submitted a bid into the record. Said bid will be considered for approval on January 11,
2006.
PRESENT CIVILIAN UNMARKEDVEHICLES BID-SHERIFF'S OFFICE AND DISTRICT ATTORNEY'S
OFFICE: Mr. Persichino read the names of the six vendors who submitted a bid into the record. Said bid
will be considered for approval on January 11,2006. In response to ChairJerke, Mr. Persichino stated the
unmarked vehicles are used by the Deputies who serve papers to citizens.
PRESENT HYBRID 4X4 SUVBID - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the names of the five vendors who submitted
a bid into the record. Said bid will be considered for approval on January 11, 2006. In response to Chair
Jerke, Mr. Warden stated the source of funding for replacement vehicles is the General Fund.
PRESENT PRISONER TRANSPORT VANS BID-SHERIFF'S OFFICE: Mr. Persichino read the names
of the two vendors who submitted a bid into the record. Said bid will be considered for approval on January
11, 2006. Mr. Persichino stated the vans are specially modified to transport prisoners.
PRESENT FULL SIZED FIFTEEN PASSENGER VANS BID- DEPARTMENT OF HUMAN SERVICES:
Mr. Persichino read the name of the sole vendor who submitted a bid into the record. Said bid will be
considered for approval on January 11, 2006.
PRESENT SCHOOL BUSES BID - DEPARTMENT OF HUMAN SERVICES: Mr. Persichino read the
names of the three vendors who submitted a bid into the record. Said bid will be considered for approval
on January 11,2006. Mr. Persichino stated the buses will be used specifically for the Head Start program.
In response to Commissioner Masden,Mr. Persichino stated the capacity of the buses is 26. Responding
to ChairJerke,Mr. Persichino stated all the buses will be used for daily transportation across Weld County.
Commissioner Geile stated he believed a need exists for work session to be held regarding the bids. Mr.
Warden stated a majority of the vehicles and equipment are replacements; however,several of the vehicles
will be new. In response to Chair Jerke, Mr. Warden stated the funds to purchase the vehicles and
equipment have been included in the 2006 Budget.
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR WELD COUNTY YOUTH
CONSERVATION CORPS,AMERICORPS PROGRAM,AND AUTHORIZE ELECTRONIC SUBMITTAL:
Walt Speckman, Director of Human Services,stated the application is for a continuation grant in the amount
of$151,200.00. He stated the application is submitted to the Governor's Commission on Community
Service. Commissioner Geile stated he is concerned that the District Attorney's Office is also submitting
an application for an AmeriCorps Grant. Mr.Warden stated after speaking with District Attorney Ken Buck,
an application will not be submitted from the District Attorney's Office. Commissioner Geile stated he is
Minutes, December 21, 2005 2005-3687
Page 3 BC0016
in support of the application. Commissioner Vaad moved to approve said application and authorize
electronic submittal. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MENTAL HEALTH SERVICES AND
AUTHORIZE CHAIR TO SIGN- DR. SUSAN BROMLEY: Mr. Speckman stated Dr. Susan Bromley will
provide mental health services, at a rate of$50.00 per contact hour,for parents and guardians of children
involved with the Head Start Program. He stated the term of the agreement is August 1, 2005, through
July 31, 2006. In response to Chair Jerke, Mr. Speckman stated the Department is required to provide
mental health services. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTALAGREEMENT FOR INTERSECTION IMPROVEMENTS FOR WCR
74 AND STATE HIGHWAY 257 AND AUTHORIZE CHAIR TO SIGN-TOWN OF SEVERANCE: Frank
Hempen, Jr., Director of Public Works, stated the agreement with the Town of Severance allows for
improvements to the intersection of Weld County Road 74 and State Highway 257. He stated the Town of
Severance will provide funds in the amount of$127,000.00, and upon execution of the agreement, Weld
County will be able to move forward with the bid process. In response to Commissioner Vaad, Mr. Hempen
stated that should costs increase,the costs will be reimbursed as long as appropriate advanced notification
is given. He further stated the proportional share will remain the same should costs increase.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER INTERGOVERNMENTALAGREEMENT FOR INTERSECTION IMPROVEMENTS FOR WCR
74 AND STATE HIGHWAY 257 AND AUTHORIZE CHAIR TO SIGN-TOWN OF WINDSOR: Mr. Hempen
stated the agreement with the Town of Windsor is similar to the agreement with the Town of Severance.
He stated the Town of Windsor will provide funding for the improvements project, and the same provisions
apply as previously discussed. Commissioner Vaad moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. Mr. Hempen further
stated the bidding process for this project will begin January 4, 2006.
CONSIDER TEMPORARY CLOSURE OF WCR 7 BETWEEN WCRS 46 AND 48: Mr. Hempen stated
Weld County Road 7, between Weld County Roads 46 and 48,will be closed from January 3,2006,through
February 28, 2006, to replace Bridge7/46A. He stated the structure of the bridge is deteriorating and the
bridge is on the Strategic Roadway Network. He stated the bridge will be replaced with a structure 36 feet
in width; however,the structure is designed for future expansion. Commissioner Geile moved to approve
said temporary closure. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2006 ANDAUTHORIZECHAIRTO
SIGN: Mr. Warden stated the certification is an administrative requirement by State Law, and the Board
must certify the Assessor's complied list of tax levies and revenue. He stated the Board certifies the mill
levies approved by other taxing entities,and there is no discretion to suggest changes. Commissioner Long
moved to certify tax levies and revenue for 2006 and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER2006AMOUNTTO BE PAID FOR THE INTERGOVERNMENTALAGREEMENT BETWEEN
THE CITY OF GREELEYAND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES:
Mr. Warden stated a contract was executed on October 24, 1984,which set the amount to be paid on an
annual basis to help support the Island Grove facilities. He stated funds, in the amount of$352,837.00,have
been budgeted for 2006. In response to Commissioner Masden, Mr.Warden stated the Lottery contributed
funds of$360,000.00,and$16,000.00 will remain in the Budget as un-designated funds that may be used
for capital projects. Further responding to Commissioner Masden,Mr.Warden stated Lottery funds have
Minutes, December21, 2005 2005-3687
Page 4 BC0016
decreased in the past few years, as sales are decreasing. Commissioner Geile moved to approve said
2006 amount to be paid. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CHAMBER OF COMMERCE: Mr. Warden stated the agreement is similar to previous agreements
approved for outside non-profit agencies which were budgeted to receive funding for the year 2006. He
stated the agreement with the Greeley Chamber of Commerce provides funds, in the amount of$5,000.00,
that are primarily used for the publication of brochures. ChairJerke stated the name has recently changed
from the Greeley-Weld Chamber of Commerce to the Greeley Chamber of Commerce. Commissioner
Geile moved to approve said Memorandum of Agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Vaad. In response to Commissioner Masden, Mr.Warden stated the funds
provided serve the entire County through tourism. There being no further discussion, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENTAND AUTHORIZE CHAIR TO SIGN-WELD COUNTY
SENIOR CITIZEN COORDINATORS: Mr.Warden stated the agreement with Weld County Senior Citizen
Coordinators, in the amount of$12,500.00,provides funds for nineteen senior centers,and a majority of the
centers use the funds as seed money for fund-raisers. Commissioner Vaad stated his appreciation for the
Weld County Senior Citizen Coordinators,and acknowledged that the senior centers use the funds wisely.
Commissioner Vaad moved to approve said Memorandum of Agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL RELEASE OF COLLATERAL FOR PUD FINAL PLAN, PF#1000-STENERSON,
OLSON, AND LOWRY DEVELOPMENT, LLC, C/O JEFF OLSON: Jacqueline Hatch, Department of
Planning Services,stated the applicant submitted a letter requesting the remaining collateral be released,
minus the cash collateral retained for the paving warranty, in the amount of$10,636.00. She stated the
original Improvements Agreement was approved by the Board on May 11, 2005. She further stated the
applicant was previously granted a release of collateral on November 21, 2005, and funds in the amount
of$108,991.81 were retained to complete on-site improvements. Ms. Hatch stated staff conducted an
on-site visit for compliance and found that the site was partially in compliance. She stated staff
recommends that the request for a full release of collateral be denied;however,staff is in support of a partial
release of collateral, in the amount of$92,100.81. She stated the remaining collateral, in the amount of
$16,891.00,will be retained,which includes the cash collateral as a paving warranty. In response to Chair
Jerke, Ms. Hatch stated fifteen percent of the collateral is held for one year as a paving warranty. Further
responding to ChairJerke, Ms. Hatch stated the applicant needs to complete landscaping items to be in full
compliance. The applicant was not present to provide testimony. Commissioner Masden moved to
approve said partial release of collateral,based upon staffs recommendation. Seconded by Commissioner
Vaad, the motion carried unanimously.
CONSIDER RECORDED EXEMPTION #4187 - HELEN JOHNSON: Ms. Hatch stated Recorded
Exemption#4187 was conditionally approved by Planning staff on August 27, 2005. She stated the site
consists of approximately thirteen acres, located south of Weld County Road 8, and west of Weld County
Road 41. She stated the proposed LotAwas originally indicated to be on the west side of the lot;however,
the site has many improvements, and the configuration was changed to navigate existing buildings,
therefore, LotA is now proposed along the east side of the lot. She stated staff determined the new location
of Lot A did not raise concerns, since the applicant was attempting to address the Conditions of Approval
in regards to the setbacks. Ms. Hatch stated the applicant desires that the new home proposed for Lot A
be in the area of land adjacent to Weld County Road 8, consisting of less than one-half of an acre. She
stated staff has determined the site is in compliance with many of the requirements; however, it does not
comply with Section 24-8-40.J of the Weld County Code, requiring a proposal be consistent with sound land
Minutes, December 21, 2005 2005-3687
Page 5 BC0016
use planning practices. She further stated staff has concerns that the area adjacent to Weld County
Road 8 is not large enough to accommodate the home, well, and septic system, and staff recommends
the applicant reconfigure plans to relocate Lot A to the southern portion of the lot. Ms. Hatch stated the
Hudson Fire Protection District informed staff the 20-foot easement provided along the east edge of the
property is wide enough to access the southern portion of the lot, and the District had no other concerns.
In response to Commissioner Geile, Ms. Hatch explained the boundaries of the property on the map
provided. In response to ChairJerke,Ms. Hatch stated 261 feet of frontage exists along Weld County Road
8. She further stated the applicant is proposing all the improvements for Lot A to be placed on one-half of
an acre, and the Code requires the lot consist of a total of 2.5 acres;therefore, the applicant is including a
strip of land to the southern portion of the property. Further responding to ChairJerke, Ms. Hatch stated the
sole access to the property is from Weld County Road 8. She further stated the intent of the applicant is
to have a family member purchase the lot,and build a house close to the road to allow school bus pickups.
In response to Commissioner Masden,Ms. Hatch stated staff recommends the applicant place LotA in the
southern portion of the lot;however,the applicant has concerns with the location of a house in the southern
portion. She further stated the applicant owns horses,and two acres in the southern portion of the lot would
be reserved for the horses. In response to Chair Jerke, Ms. Hatch stated no improvements have been
completed on the southern portion of the property. She further stated the applicant has installed a new
driveway at the recommendation of staff, and demolished part of a building to meet specific property lines.
Helen Johnson, applicant, stated she has already completed $12,000.00 worth of improvements to her
property, and has complied with all the requirements set forth by staff. She stated the driveway was
relocated,which cut a large area of the property in half; therefore, proposed Lot A had to be moved to the
east side of the property. She stated it is not financially feasible to relocate LotAto the southern portion of
the property. In response to Chair Jerke,Ms. Hatch stated no additional driveway is necessary if the second
house is built at the northern portion of the lot. She further stated there is future availability to place a
driveway along the east edge of the property to access the southern portion of the lot. Ms.Johnson stated
a 20-foot easement has been placed along the east edge of the property,to be able to access the southern
portion of the lot. In response to ChairJerke, Ms. Hatch stated upon approval of the Recorded Exemption,
the proposed home will have a separate legal description, and separate address. Chair Jerke stated the
exit strategy needs to be considered for future owners. Ms. Johnson stated she is upset that she was
granted conditional approval, and she completed the required Conditions; however, she has not been
allowed to move forward. In response to ChairJerke, Ms. Hatch stated upon surveying,it was determined
that the proposed home, well, and septic system would fit within the setbacks on the east side of the
property. Commissioner Vaad stated he is in support of the application since the applicant has shown good
faith to accommodate the County's needs regarding moving the entrance of the property. He further stated
future property owners will be able to purchase the property with a clear map of the boundaries, and it is
possible for future improvements to be made in the southern portion of the lot. He stated the configuration
of the lot is abnormal; however, the County's needs are met. Commissioner Masden agreed that the lot
is abnormally configured, and he agrees with Commissioner Vaad's statements. He stated the applicant
was granted conditional approval, and should be allowed to move forward with the rest of the needed
improvements. He further stated a secondary septic envelope should be considered for Lot A;however,he
is in support of the application. Commissioner Long stated he is not concerned about the secondary septic
envelope since two septic envelopes are not typically needed unless a Perc test reveals poor soil quality.
He further stated he believes the applicant has met the recommendations set before her, and has met the
needs of the County. Commissioner Geile and Chair Jerke stated they agree with the statements
expressed by Commissioners Vaad,Masden,and Long. Commissioner Vaad moved to approve Recorded
Exemption #4187 as proposed by the applicant. The motion was seconded by Commissioner Masden.
In response to Chair Jerke, Ms. Johnson stated she has reviewed, and concurs with the Conditions of
Approval. There being no further discussion, the motion carried unanimously.
Minutes, December 21, 2005 2005-3687
Page 6 BC0016
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
/ IA WELD COUNTY, COLORADO
ATTEST: ELI/ �/ I ,Ff : . �� �, ki-z--4.�
_.�'' � William H. erke, Chair
Weld County Clerk to the Bo-tr 3-
BY. t ULI '\ Van �/V�,` �""r""� J. ile, Pro-Tem
Duty Clerk to the Bo d'
JJJ Da ' E. Long
Robert D. M den
Glenn a d
Minutes, December21, 2005 2005-3687
Page 7 BC0016
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