HomeMy WebLinkAbout20051073 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 28, 2005
TAPE #2005-18
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 28, 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 - EXCUSED
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
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 23, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on March 23,2005,as follows: 1)MZ#1060,Gary and JudyHarkless;and 2)PZ#1043,Sherry
Lawley, Go TEAM Engineering. Commissioner Geile 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 Geile moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
2005-1073
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $767,569.75
Electronic Transfers - All Funds $2,759,991.17
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PREPAID COMMISSION ADDENDUM TO FACILITY INMATE SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - EVERCOM SYSTEMS, INC. (CON'T FROM 03/23/05): Bruce Barker,
County Attorney, stated the language in paragraph 1 has been modified to state if Evercom exceeds
$150,000,the excess amount will be paid on a monthly basis. Commissioner Geile moved to approve said
addendum and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE AND AUTHORIZE CHAIR
TO SIGN-SYKES REALTY, INC. (CON'T FROM 03/23/05):Mr.Barker stated Deed of Trust was executed
on August 11, 1994,and ended on August 10,2004. He stated Sykes Realty, Inc., has requested release
of the Deed of Trust. Responding to Chair Jerke,Mr. Barker stated Sykes did form its own realty company
to deal with all of its properties. Commissioner Geile moved to approve said Release of Deed of Trust and
Release and authorize the Chair to sign. The motion, which was seconded by Commissioner Masden,
carried unanimously.
NEW BUSINESS:
CONSIDER GRANT CONTRACT FOR PLATICAS PROJECT FOR BREAST CANCER AND AUTHORIZE
CHAIR TO SIGN - SUSAN G. KOMEN BREAST CANCER FOUNDATION: Mark Wallace, Director of
Department of Public Health and Environment, stated the Susan G. Komen Breast Cancer Foundation
offers grants for outreach to special communities. He stated the Department of Public Health and
Environment has been doing the Platicas Project for several years,and the current contract will commence
April 1,2005,and end March 31,2006. Dr.Wallace stated the amount of the grant is not to exceed$9,999,
and the funds are used to continue breast cancer education through one-on-one contacts and small groups
in women's homes. He stated the funds will also be used to provide mammograms for 17 women under
the age of 40 who have a first-degree relative with breast cancer. In response to Chair Jerke, Dr.Wallace
stated they have learned a lot about the population being served,and have found that small groups are more
effective for education and breaking down barriers. Commissioner Geile moved to approve said grant
contract and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER CONSULTANT AGREEMENT FOR MIGRANT AND SEASONAL HEAD START HEALTH
SERVICES AND AUTHORIZE CHAIR TO SIGN - RUTH ANN BOHLER: Walt Speckman, Director of
Department of Human Services, stated under this agreement Ruth Bohler will provide health screenings
for migrant and seasonal Head Start children in Olathe, Colorado. In response to Chair Jerke, Mr.
Speckman stated the nurse must meet basic skills requirements and have flexible hours on an as-needed
basis. Commissioner Masden moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Geile, and it carried unanimously.
Minutes, March 28, 2005 2005-1073
Page 2 BC0016
CONSIDER LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WELD
COUNTY ROADS 18 AND 25 AND AUTHORIZE CHAIR TO SIGN-SW CHAMBERS,LLC:Frank Hempen,
Jr., Director of Department of Public Works, stated this is the second agreement concerning these two
roadway segments. He stated Chambers, LLC, and Zadel Family, LLLP, have agreed to work with the
Department of Public Works to provide development plans, do the construction within one year of this
agreement,and be available to do maintenance work. In response to Chair Jerke,Mr. Hempen stated SW
Chambers, LLC,was previously known as Heit Farms,LTD. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Masden, and it
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY, DEED OF DEDICATION
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY
ROAD 23 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS-OWENS-BROCKWAY
GLASS CONTAINER, INC.:Mr.Hempen stated this Agreement and Deed of Dedication are for right-of-way
in the southwest corner of the Owens-Illinois site for the acquisition of 1.53 acres of right-of-way, in addition
to one-half acre through the Temporary Construction Easement,all at no cost to the county. Commissioner
Geile moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT THE INTERSECTION OF WCRS 4
AND 87: Mr. Hempen stated based on an inquiry from a local property owner, staff conducted an
investigation of the intersection at Weld County Roads 4 and 87. He stated Weld County Road 4 is
currently posted with a"Blind Intersection"sign,and staff is proposing the installation of Stop signs to deal
with sight limitations in the northwest corner of the intersection. In response to Chair Jerke, Mr. Hempen
stated both roads are gravel, with low traffic volumes, and "Blind Intersection" signs are no longer
recommended by the Manual on Uniform Traffic Control Devices. Commissioner Masden moved to
approve said installation of traffic control devices. Commissioner Geile seconded the motion,which carried
unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD
COUNTY ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN-EARL AND TIMOTHY BERGLAND:
Donald Carroll, Department of Public Works,stated Weld County Road 21 is located west of,and adjacent
to, Lots A and B of Recorded Exemption #4008, which is located north of Fort Lupton. He stated the
surrounding property owners have been contacted and they expressed no concern. He further stated Weld
County has 30 feet of right-of-way on the east side of the section line. Responding to Chair Jerke, Mr.
Carroll stated the diagonal line to the east is a ditch. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Geile, and it
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 13 BETWEEN WCRS 2 AND4: Mr. Hempen stated staff
originally requested a closure from April 4,2005,through April 8,2005; however,he would like to extend the
end date to April 19, 2005, to coincide with water line work being done by Levi Contractors. Responding
to Chair Jerke, Mr. Hempen stated the residents in the area are aware of the work since the water line will
improve their system. Commissioner Geile moved to approve said temporary closure. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER AMENDMENT TO COOPERATIVE LAW ENFORCEMENT AGREEMENT FOR THE
ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL GRASSLAND AND
AUTHORIZE CHAIR TO SIGN - U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE: Bruce
Barker, County Attorney,stated this is an amendment to an existing agreement with the U.S. Department
of Agriculture for law enforcement in the Arapaho and Roosevelt National Forests and Pawnee National
Minutes, March 28, 2005 2005-1073
Page 3 BC0016
Grasslands for some additional area. He stated it also updates the term from April 1,through September
30, 2005, which is the end of the federal fiscal year. No public testimony was offered concerning this
matter. Commissioner Masden moved to approve said amendment. The motion was seconded by
Commissioner Geile, and it carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - LIMON
AMBULANCE SERVICE: Dave Bressler,Weld County Paramedic Service,stated the Limon Ambulance
Service is small and has an average of 300 billable calls in a year. He stated the Limon Ambulance Service
has requested an agreement to provide billing through Weld County. Responding to Chair Jerke, Mr.
Bressler stated this will generate a small profit for Weld County. In response to Commissioner Geile, Mr.
Bressler agreed it would make sense to create a business plan for this service as it continues to expand
to other service areas. Commissioner Masden stated he wants to ensure this additional service is not
overloading Weld County staff. Mr.Bressler stated the contractors are required to use Weld County's field
pay system, and the only time there is additional time or cost is if a bill is contested and staff has to testify.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER COMMUNICATIONS TOWER AND SITE LEASE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN-WIRELESS ADVANCED COMMUNICATIONS:Mr.Barker stated this agreement was reviewed by
Assistant County Attorney,Cyndy Giauque,and he recommends approval. Mr.Warden stated the vendors
must use one of the County's three towers, at a cost of$100.00 per month and$1.00 per subscriber. He
stated these leases do not interfere with any County frequencies,and this year he anticipates approximately
$54,000 in revenue generated from tower leases. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Masden, carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW,#392-ZEEK PARTNERSHIP, LLLP, ON BEHALF OF ALFA
PAVING, LLC, C/O KENNETH AND CONNIE WILLIAMSON: Chris Gathman, Department of Planning
Services, stated on February 23, 2005, staff received an Irrevocable Letter of Credit, in the amount of
$214,720,which staff has determined will be adequate to cover the various improvements addressed in the
agreement. In response to Chair Jerke,Mr.Gathman stated the amount in staffs memorandum is different
because it also includes engineering and supervision costs. Responding to Commissioner Geile, Mr.
Gathman reviewed the location of the site. Commissioner Geile moved to approve said Improvements
Agreement,authorize the Chair to sign,and accept said collateral. Commissioner Masden seconded the
motion, and it carried unanimously.
CONSIDER PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#828-
JUDY OAKLEY:Mr.Gathman gave a brief description of the location of the site,which is approximately five
acres in size. He stated Use by Special Review#828 was approved on May 18, 1988, and a violation was
started due to a complaint submitted to the Sheriffs Office concerning an outbuilding on the site. He stated
staff did receive a letter from Culver Veterinary Hospital detailing what Dr.Millissa Culver,found at her last
visit. He stated the State did not indicate any complaints with the site; however, he is uncertain of the
State's last inspection of the site. He stated Ms.Oakley does have a purchase agreement with L.G. Everist,
and the closing is set for March 30, 2005, at which time Ms. Oakley will be purchasing a new property
outside of Weld County. Mr.Gathman stated he originally intended to recommend proceeding with setting
a Show Cause hearing; however, based on the evidence of a purchase contract, it may be better to
continue the Probable Cause hearing for a couple of weeks. Commissioner Geile reviewed the terms of
Minutes, March 28, 2005 2005-1073
Page 4 BC0016
the contract for the record. Mr.Gathman stated Development Standard#12 of the Use by Special Review
Permit states the USR permit is not transferrable and will terminate upon sale of the property.
Judy Oakley stated her son will be living on the site;however,he has nothing to do with the kennel operation.
She stated L.G. Everist has given her until June 30,2005,to vacate the property and have all of the dogs
removed. She stated she intends to begin building kennels at the new site by May 1,2005,and move during
the last part of May through the month of June. Chair Jerke stated the Board of Weld County
Commissioners has no prejudice against Ms. Oakley and it is not their intent to chase her out of Weld
County. Ms. Oakley stated she will be closing on April 1, 2005. Commissioner Geile referenced the first
provision of the sales contract,which indicates the kennel operation will have to be gone by June 1,2005,
and the purchaser will start tearing down kennels in July.
Gary Schwartz,Weld County Sheriffs Office,Animal Control Division,stated they have received numerous
citizen complaints regarding dogs purchased from Ms. Oakley. He stated he was also contacted by the
news media regarding the health and welfare of the dogs. At this point he has no additional concerns
because there is evidence that Ms. Oakley will be moving her kennel out of Weld County. He stated they
have not been allowed on the property to investigate the complaints,so the remaining option was to initiate
a zoning violation. Responding to Chair Jerke,Mr.Schwartz stated they must have probable cause in order
to enter a property, and the people who complained wished to remain anonymous. Mr. Barker stated
Planning staff has access to the property for the Use by Special Review Permit and zoning issues,and the
complaints did not fall into that category. Commissioner Geile proposed continuing this matter until a time
when the contract can come to term. Mr. Barker suggested allowing two additional weeks after the closing,
which is consistent with the terms of the contract. Commissioner Geile moved to continue the matter to
July 13, 2005, at 9:00 a.m. Commissioner Masden seconded the motion, and it 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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
J
William H. Je , Chair
s i eld erk to the Board
'ckr
M. J. G ile, Pro Tem
BY " , i
'~ - " Clerk to the Board EXCUSED
Dav' E. Long
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, March 28, 2005 2005-1073
Page 5 BC0016
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