HomeMy WebLinkAbout20042996 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 6, 2004
TAPE #2004-45
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, October 6, 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
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of October 4, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance#2004-9 by tape.
Commissioner Jerke 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 Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MENTAL ILLNESS AWARENESS WEEK-OCTOBER 3 THROUGH OCTOBER 9, 2004: Chair Masden
read the proclamation into the record. Bernie Bliss, President of the National Alliance for the Mentally III,
stated the group working on the Mental Illness Awareness Week is called the"Stigma Busters". Ms. Bliss
invited everyone to read the article on the Editorial page of the Greeley Tribune and join the group at the
Greeley Mall on October 9, 2004, to participate in an informational forum.
2004-2996
BC0016
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad stated the Colorado Department
of Human Services will be making a site visit on October 26, 2004, to the Department of Social Services.
He stated the purpose of the visit will be to study the County's implementation of the Colorado Benefits
Management System. He stated this is a testimony to the efficiency of Department of Social Services'staff
in distributing benefits. He stated there have been unflattering newspaper articles,which will be addressed
in future months. He explained Commissioner Long has been on special assignment for the Governor's
Task Force to get the System implemented.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $917,760.80
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT BRIDGE REHABILITATIONS BID- PUBLIC WORKS: Mr. Warden listed the five bidders as
Can-Do Concrete Construction, Inc., Walsh Construction, Inc., G.L. Hoff Company, Jalisco International
and Connell Resources, Inc. He stated the bid will be approved on October 20, 2004.
PRESENT HIGHWAY DE-ICING SALT-PUBLIC WORKS: Mr. Warden listed the five bidders as Tri-State
Commodities, Inc.,Transloaders, Inc./ARS S&G, North American Salt Company, Envirotech Services and
Independent Salt Company. He stated the bid will be approved on October 20, 2004.
PRESENT HALF TON 4X4 EXTENDED CAB PICKUP WITH FLEX FUEL OPTION -ENVIRONMENTAL
HEALTH DEPARTMENT: Mr.Warden listed the three bidders as Weld County Garage,Garnsey&Wheeler
and Champion Auto Group. He stated the bid will be approved on October 20, 2004.
APPROVE INMATE COLLECT CALLING PHONE SERVICES TO NORTH JAIL COMPLEX AND
CENTENNIAL WORK RELEASE FACILITY BID-SHERIFF'S OFFICE: Mr.Warden stated the low bid is
Evercom. Commissioner Vaad moved to approve the low bid from Evercom. The motion, which was
seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR 2004 IMMUNIZATION GRANT FOR OUTREACH SERVICES AND
AUTHORIZE CHAIR TO SIGN: Linda Henry, Department of Public Health and Environment, stated the
application will provide funding for monthly immunization outreach clinics to improve the immunization
up-to-date rates for children in Weld County. Ms. Henry stated the grant will fund a Mobile Medical Van
staffed by Sunrise Community Health Center staff. She explained the site has not been established;
however,the Town of Evans will be considered,since it has the population with the greatest need and does
not have an accessible clinic. Responding to Commissioner Geile, Ms. Henry stated the County is exploring
local availability of flu vaccine,which will be used for targeted high risk populations. She emphasized the
Department's focus will be on prevention. Commissioner Geile moved to approve the application. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
Minutes, October 6, 2004 2004-2996
Page 2 BC0016
CONSIDER ADDENDUM #9 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
COUNTY TECHNICAL SERVICES, INC.: Mr.Warden stated the Addendum includes a three percent cost
of living increase in the services agreement, for the period January 1, 2005 through December 31, 2005.
He stated the adjusted administration fee will be $19,871. Commissioner Jerke moved to approve the
addendum to the agreement. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER FIRST READING OF CODE ORDINANCE#2004-9, IN THE MATTER OF REPEALING AND
RE-ENACTING CHAPTER 15,VEGETATION,OF THE WELD COUNTY CODE: Ron Broda, Department
of Public Works, stated revisions include the addition of eight noxious weed species to Section15-1-20.A
of the Weld County Code; and the management sections will deal only with County and landowner
requirements. Responding to Commissioner Vaad, Mr. Broda stated eradication is not possible for the
weeds that have long seed viability. There was no public comment. Commissioner Vaad moved to
approve the first reading of Code Ordinance#2004-9. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENTACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1459 - TONY DOWDY AND MIKE
WHISTANCE: Jacklyn Hatch, Department of Planning Services, stated a cash deposit of$5,000 will be
posted for landscaping and fencing. Ms. Hatch stated the amount has been determined sufficient to
complete the work required for Use by Special Review#1459. Commissioner Geile moved to approve the
improvements agreement and accept collateral for improvements. The motion,which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER LANDSCAPE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS,ACCEPT COLLATERAL,AND AUTHORIZE CHAIR TO SIGN, FOR
SITE PLAN REVIEW#373-M.T.N.T., LLC: Ms. Hatch stated the collateral is an Irrevocable Standby Letter
of Credit in the amount of$47,856 for improvements to include landscaping and fencing. Ms. Hatch stated
the amount has been determined sufficient to complete the work required for Site Plan Review#373. Ms.
Hatch identified the location of the site. Lee Morrison,Assistant County Attorney,stated the County is not
requiring collateral for paving and lot leveling because the lot is considered the sales room. Commissioner
Jerke moved to approve the agreement and accept collateral for Site Plan Review#373. The motion,which
was seconded by Commissioner Vaad, carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER FINAL READING OF CODE ORDINANCE#2004-8,IN THE MATTER OF THE ADDITION OF
ARTICLEXV, HUDSON PLAN,TO CHAPTER 19,COORDINATED PLANNING AGREEMENTS,OF THE
WELD COUNTY CODE(CON'T FROM 09/20/04): Commissioner Vaad moved to read by title only. The
motion,which was seconded by Commissioner Geile,carried unanimously. Bruce Barker,County Attorney,
read the title into the record. Mr. Barker reviewed the concerns submitted in a letter from Rocky Mountain
Energy Center, LLC, (Calpine) and Mr. Barker's corresponding letter of response to Corey Hoffmann,
attorney for the Town of Hudson, and Elizabeth Mitchell, attorney for Calpine. Mr. Barker stated Item#1
could be remedied by including,with each undefined term,a cross-reference to the corresponding section
of the Weld County Code,where the term's definition may be found. He stated such cross-referencing may
be done administratively without modification of the Coordinated Planning Agreement(CPA). Mr. Barker
stated Item#2 concerns clarification of the definition of"Non-Urban Development". He stated there is no
specific section in Chapter 22,Weld County Comprehensive Plan,that defines"Non-Urban Development",
but, rather, a reading of various sections of Chapter 22 (22-1-50, 22-2-70 to 22-2-210) clarifying the
difference between"Urban Development"and"Non-Urban Development." Mr. Barker stated a better way
of referring to"Non-Urban Development"in Section 2.2 of the CPA would be to say that the term is"clarified"
in Chapter 22, rather than being"defined". Mr. Barker stated Mr. Hoffman and Ms. Mitchell have agreed to
Minutes, October 6, 2004 2004-2996
Page 3 BC0016
this change. Mr. Barker stated Item#3 addresses water service and he explained the application procedure
to Mr. Hoffman in his response letter and added Sections 3.3 (c) and (d). Responding to Commissioner
Geile, Mr. Barker stated only the water issue is being clarified. Monica Mika, Department of Planning
Services,identified the location of the eastern boundary line in the Intergovernmental Agreement(IGA)and
reiterated that Weld County Road 51 and the right-of-way is not included in the IGA.
Julie Grimes, adjacent property owner, questioned whether there is further information regarding the
conservancy easement being annexed into Hudson. Chair Masden stated Calpine representatives had
stated they are working on the conservancy easement and they would have it completed sometime in 2005.
Mr. Barker stated once a property is annexed, the County has nothing to do with any zoning within the
municipality and any recorded easement runs with the land. Jim Landek, representative for the Town of
Hudson,stated as far as the Town is concerned,all issues have been satisfactorily resolved. Jim Gooding,
Calpine Corporation,stated Calpine has a lease of water for ten years with the City of Aurora,and Calpine
is looking for protection beyond the ten years. Mr. Gooding stated Calpine has talked with the Town of
Hudson and both parties are agreeable to terms; as far as the conservancy easement is concerned,
Calpine has asked for it in perpetuity and Calpine will honor that.
Commissioner Vaad moved to approve the final reading of Code Ordinance#2004-8,with amendments as
stated above. The motion, which was seconded by Commissioner Jerke, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2004-9 was approved on first reading and Ordinance#2004-8 was approved
on final reading.
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 10:40 a.m.
BOA
RD OF COUNTY COMMISSIONERS
"z$l .4024 Robert D. Masden, Chair
1861 el lerk to the Board r
0 Williamro-Tem
Clerk to the Board /{fU
M. J. eile
EXCUSED
David E. Long
Glenn Vaad
Minutes, October 6, 2004 2004-2996
Page 4 BC0016
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