HomeMy WebLinkAbout20040721.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 8, 2004
TAPE #2004-10
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 8, 2004, 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 Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of March 3, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on March 3,2004,as follows: 1) Hearing to show whether good cause exists for revocation of
Amended USR#673,Catherine Cariaso;and 2)A Site Specific Development Plan and USR#1437, Moises
Rodriguez, Go Otis, Goan and Stewart, 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 Jerke seconded the motion, and it carried unanimously.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $823,063.29
2004-0721
BC0016
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
[Clerk's Note: Item #8 was taken out of order, to be heard first.]
CONSIDER AGREEMENT FOR COOPERATIVE WILDFIRE PROTECTION AND AUTHORIZE CHAIR TO
SIGN: Bruce Barker,County Attorney,stated this agreement was presented by the Colorado State Forest
Service for the purpose of wildfire protection for all counties throughout the State. He explained this
agreement will be used to provide a mechanism fora district to send assistance in fighting wildfires outside
the district, with cost reimbursement paid by Federal funds, as well as to receive assistance from other
districts through the Forest Service. Mr. Barker stated the Sheriff is the responsible party for wildfires,
pursuant to Colorado statute,although no costs will be assessed to the Sheriff,since everything will be paid
through Federal funds, the Forest Service, or individual districts. Mr. Barker also indicated a Plan will be
drafted as the next step in this process. John Cooke,Weld County Sheriff,stated the fire chiefs will do their
own invoicing and record keeping,with nothing passing through the Sheriff's office. Commissioner Long
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MENTAL HEALTH SERVICES FOR HEAD
START AND MIGRANT HEAD START AND AUTHORIZE CHAIR TO SIGN - JANETTE DAVIS: Walt
Speckman,Director of Human Services,stated this agreement is to provide mental health services for both
Head Start and Migrant Head Start families,children and staff. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR WAGNER/PEYSER UI RE-EMPLOYMENT
SERVICES FUNDS AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this contract will provide
an additional$5,700 for unemployed claimants readiness services. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER TWO EXPENDITURE AUTHORIZATIONS FOR W IA 10%STATEWIDE MARKETING FUNDS
AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated the two requests,in the amount of$21,000 and
$4,000,are for implementation of the marketing plan developed by the Workforce Development Board,to
be implemented in conjunction with the statewide marketing/branding initiative. Commissioner Vaad moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,the motion
carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR SCHOOL MEALS PROGRAM AND
AUTHORIZE CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT RE-3J: Mr. Speckman stated this
program provides breakfast, lunch,and two snacks per day. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WCR 17 NORTH OF WCR 32 - SHERRY
REDMOND AND ELVERNA BURCHFIELD LIVING TRUST,C/O MCFEEDERS REALTY APPRAISAL AND
MANAGEMENT, LLC:Don Carroll,Department of Public Works,stated staff received this petition to vacate
Weld County Road 17 adjacent to Weld County Road 32 and the section line. He stated the location is
south of Johnstown,where it runs into State Highway 66. After reviewing the request,staff proposed trading
the right-of-way for the same amount of right-of-way east of existing Weld County Road 17, in case future
Minutes, March 8, 2004 2004-0721
Page 2 BC0016
widening is necessary. Don Jones, representing the applicants, stated he has recently completed the
transfer of 4.693 acres by Quiet Title,to his clients from Mr.Sekich,who owns the property on the west side
of Weld County Road 17. The property he just obtained contains the right-of-way under consideration for
vacation, as well as the right-of-way staff has proposed trading for. Mr.Jones stated the easement is not
needed or active,it slopes down to the river,and it has never been used,having been created in the 1800's.
He stated the applicants are currently considering changing the use of the property,and vacating the right-
of-way will not injure Weld County in any fashion. In regards to staff's request to trade property, Mr.Jones
stated the road is currently 60 feet wide and the County is requesting an additional 30 feet,to increase the
right-of-way to 90 feet. Mr.Jones stated in normal circumstances,the right-of-waywould be obtained from
each side of the road, instead of obtaining the full amount from the east side. If he agrees to the trade, it
would mean giving up a portion of what he has only recently obtained. Mr.Jones stated he would consider
agreeing to the trade only if the County agrees to relocate the Little Thompson Water Tap at its expense,
grant an access to the property, and pay just compensation for the extra 15 feet of right-of-way.
Responding to CommissionerJerke, Mr.Barker stated notification was not mailed to Mr.Sekich, because
his property has nothing to do with the vacation. Mr.Barkerfurtherstated the expansion of the existing right-
of-way is a totally separate issue from the vacation,although it may come up in the future. Responding to
Commissioner Vaad, Mr. Jones stated he is only requesting the vacation of the portion that has not been
used since the 1800's, and the proposal to trade for other right-of-way came from Department of Public
Works staff. Commissioner Vaad stated that, as a steward of the public trust, the County does not have
an immediate need to change, although the road study indicates this road will be an arterial in the future.
He said he is not inclined to support the three items Mr. Jones requested for the trade. Responding to
Commissioner Jerke, Mr.Jones clarified that all of the land proposed to be traded is owned by his clients,
and the County proposed the swap. He further stated Mr. Sekich only owns property on the west side of
existing Weld County Road 17. Mr.Jones reiterated that,as proposed,the trade would take property only
from him, not equally dividing it between him and Mr.Sekich,as would be the normal process. Mr. Barker
stated there may be a need in the future to also obtain right-of-way from Mr. Sekich; however, this would
be the proper time to do a trade with Mr.Jones'clients for future needs. CommissionerJerke stated he has
no problem with doing the trade now; however, he is concerned that Mr. Sekich was not notified, and it
appears to disrupt his center pivot. Mr. Barker reiterated the vacation has nothing to do with Mr. Sekich's
property. Responding to Chair Masden and Commissioner Vaad, Mr. Jones stated at this time no
engineering has been done to determine the proper expansion of the road,and he reiterated the three terms
he would expect the County to meet in order for him to agree to the proposed trade. Responding to
Commissioner Jerke, Mr. Barker stated the Board can approve the vacation now, and later consider
acceptance of the Deed for the proposed trade, along with any agreement, in a separate action. As an
alternative, he stated, staff can propose an agreement for trading, as well as the associated costs.
Commissioner Vaad moved to continue the vacation to March 29,2004,at 9:00 a.m.,and for staff to submit
a proposed agreement regarding the right-of-way to be traded to Mr.Jones for consideration. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 62 (C STREET) BETWEEN WCR 41 (1ST AVENUE)
AND BALSAM AVENUE: Frank Hempen,Jr., Director of Public Works,stated this closure is necessary to
replace a culvert beneath Weld County Road 62. The road will be closed March 15, 2004, to March 19,
2004. Commissioner Long moved to authorize closure of Weld County Road 62 as stated. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
Minutes, March 8, 2004 2004-0721
Page 3 BC0016
CONSIDER TEMPORARY CLOSURE OF WCR 74 BETWEEN WCRS 35 AND 37: Mr. Hempen stated
this request was received from GLH Construction in order to install a storm sewer. He stated a detailed
traffic control plan was received and is acceptable to staff. Mr. Hempen further stated message boards will
be used to advise the public in advance of the closure and the detour route. GLH Construction will also be
responsible for dust control on part of the detour. Commissioner Vaad moved to authorize closure of Weld
County Road 74 as discussed. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER RESOLUTION RE: ESTABLISH DISTRICT ATTORNEY'S SALARY FOR TERM OF
JANUARY 1,2005,THROUGH DECEMBER 31,2008: Mr.Warden stated by Colorado statute, boards of
County commissioners have authority to establish the salary of District Attorneys within its providence.
Because the 19th Judicial District is fully contained in Weld County, the Board is the only authority to
establish said salary. Mr. Warden stated the draft resolution sets the amount of $115,000 beginning
January 1, 2005,and $120,000 beginning January 1, 2007,through 12/31/08. He indicated the amounts
provided are the result of a salary comparison conducted throughout the State. Commissioner Vaad moved
to approve the draft resolution. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER RESOLUTION RE: CREATE TRAFFIC SIGNAL LIGHT TRUST FUND: Mr.Warden stated
a year ago,the Board was approached by private companies to facilitate signaling certain roads. As more
activity and development occur, the Board may consider requiring other applicants to contribute. Mr.
Warden stated the draft resolution would provide for creation of a trust fund to account for any contributions
being paid, as well as provide up front funding, in the amount of$500,000 to be taken out of the Public
Works Fund balance,to allow the County to acquire the lights at particular times. He stated there currently
exists a contract of$100,000 for State Highway 119 at Weld County Road 7, and the developer is doing
preliminary design work at this time. Mr. Hempen stated the Colorado Department of Transportation is also
contributing$51,000 to this project. Responding to CommissionerJerke,Mr.Warden stated the dollars will
be allowed to revolve in the fund,the ceiling will be$500,000,and only projects approved by the Board of
County Commissioners would be allowed to use the funds. Responding to Commissioners Jerke and
Vaad,Mr.Warden stated the resolution can be modified to clarify that the funds will only be used on projects
where County roads intersect with State Highway or municipal roads, and to specify the ownership of the
signal is not going to be Weld County, but another entity's, although he stated in the future the County will
have to "own" signal lights. After further discussion, Commissioner Vaad moved to approve said draft
resolution with the modification that the signals will be maintained by someone besides Weld County. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Jerke moved to appoint
Nancy Meek to the Area Agency on Aging,for a term to expire January 31, 2007. The motion,which was
seconded by Commissioner Vaad, 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 8, 2004 2004-0721
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
� WE D� CO�RADO
��ATTEST:Mid� �" a
Robert D. Masden, Chair
Weld County Clerk to the .a .�' �sm., =�
€O•"t..;4�t ' J-/„iti
BY: William H. Jerke, Pro-Tern
Deputy Clerk to the Boar• t �, EXCUSED
M. J. ile
Day' E. Long
Glenn Vaa
Minutes, March 8, 2004 2004-0721
Page 5 BC0016
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