HomeMy WebLinkAbout20040359.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 28, 2004
TAPE#2004-05
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, January 28, 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of January 26, 2004, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Masden added two items: New Business#3)Consider Amendment
to Agreement for Professional Engineering Consulting Services and authorize Chair to sign, and 4)
Consider 2003 Annual Mileage and Condition Certification for Highway User Tax Fund.
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.
PRESENTATIONS:
RECOGNITION OF SERVICES, EDAP BOARD - TOM SCHEMP: Chair Masden read the certificate
recognizing Tom Schemp for his service on the EDAP Board. Mr. Schemp was not present to receive his
award.
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - TONY GAGLIARDI,
KATHLEEN REES, AND EDWARD RUBADUE: Chair Masden read the certificates recognizing Tony
Gagliardi,Kathleen Rees,and Edward Rubadue for their work on the Workforce Development Board. They
were not present to receive their awards.
2004-0359
BC0016
RECOGNITION OF SERVICES,LOCAL ENERGY IMPACT AND COMMUNITY DEVELOPMENT REVIEW
TEAM - BILL DELAP, WAYNE MILLER, WADE CARLSON, GLENN MCCLAIN, DON CUMMINS, TOM
BIZZELL,DALE BUTCHER,AND WES SCOTT: Chair Masden read the certificates recognizing Bill Delap,
Wayne Miller,Wade Carlson, Glenn McClain, Don Cummins,Tom Bizzell, Dale Butcher, and Wes Scott
for their work on the Local Energy Impact Committee. Bill Delap and Don Cummins were present to receive
their awards. Commissioner Vaad expressed his appreciation to Mr.Cummins for over 20 years of service
and stated Mr. Cummins exemplifies community service and acts as a mentor to many other community
leaders.
RECOGNITION OF SERVICES, WELD COUNTY EXTENSION OFFICE AND DEPARTMENT OF
PLANNING SERVICES-PATRICIA SULLIVAN: Chair Masden read the certificate recognizing Patricia
Sullivan for 33 years in the Extension Office and three additional years in the Department of Planning
Services. Monica Mika, Director of Planning Services,presented Ms. Sullivan with her retirement pin and
stated she has been a leader in the Department during her tenure. Commissioner Geile stated that during
the two years he served as Coordinator for the Extension Office and an additional yearfor the Department
of Planning Services,he was impressed with Ms.Sullivan's professionalism,especially as it related to the
Fair, and the way she handled many difficult situations. He expressed his appreciation for her
professionalism and dedication,and all the things she did to ensure that the Fair continued to operate in an
orderly manner,while dealing with the needs of the people of Weld County. He also stated she did a good
job in the Department of Planning Services, and that she should be commended for making a major
contribution to Weld County. Chair Masden stated he also worked with Ms. Sullivan as Commissioner
Coordinator, and he also saw her professionalism and appreciated the manner in which she dealt with
many situations. He also stated her knowledge and past experience was of great benefit in ensuring the
Fair operated smoothly. He also stated she has a great attitude and everyone enjoyed working with her.
Chair Masden stated Ms. Sullivan carried her professionalism over into the Planning Department, even
though it was a totally different situation. He said she exhibited a great attitude and ability to work with
people.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $275,888.15
Electronic Transfers -All Funds $2,589,090.31
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT CONCRETE AND WASHED ROCK ON CALL BID, PUBLIC WORKS: Pat Persichino,Director
of General Services, read the names of six vendors who submitted bids into the record. Said bid will be
considered for approval on February 11, 2004.
PRESENT 2004 TRAFFIC PAINT AND PAINT BEADS BID, PUBLIC WORKS: Mr. Persichino read the
names of seven vendors who submitted bids into the record. Said bid will be considered for approval on
February 11, 2004.
Minutes, January 28, 2004 2004-0359
Page 2 BC0016
APPROVE MOTOR GRADERS BID, PUBLIC WORKS: Mr. Persichino stated staff has recommended
approval of the low bid from Power Equipment Company,in the total amount of$459,915,to include options
1 and 3. Commissioner Long moved to approve said bid. The motion, which was seconded by
Commissioner Geile, carried unanimously.
APPROVE TIRE ROLLER COMPACTOR BID, PUBLIC WORKS: Mr. Persichino stated staff has
recommended approval of the second low bidder,Power Equipment Company,since the low bid submitted
by Faris Machinery Companywas incomplete. Commissioner Geile moved to approve the bid from Power
Equipment Company, at a cost of$91,212. The motion, which was seconded by Commissioner Long,
carried unanimously.
APPROVE TANDEM TRUCK TRACTOR BID, PUBLIC WORKS: Mr. Persichino stated staff has
recommended approval of the low bid from Transwest Trucks in the amount of$76,400. Commissioner
Vaad moved to approve said bid. The motion, which was seconded by Commissioner Geile, carried
unanimously.
APPROVE TANDEM TRUCK TRACTOR WITH SNOW PLOW & MATERIAL SPREADER BID, PUBLIC
WORKS: Mr. Persichino stated staff has recommended approval of the low bid from Transwest Trucks,
at a cost of$104,895 each,which includes body and hoist, snow plow,and material spreader. Staff also
asks approval for the LED lights, which is an additional $543 per truck, for a total bid of $209,790.
Commissioner Geile moved to approve said bid. The motion,which was seconded by Commissioner Vaad,
carried unanimously.
APPROVE ARTICULATING WHEEL LOADER BID, PUBLIC WORKS: Mr. Persichino stated staff has
recommended approval of the low bid from Power Equipment Company with all options. Total cost is
$247,423. Commissioner Long moved to approve said bid. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
APPROVE FIFTH WHEEL HYDRAULIC SLIDING AXLE TRAILER BID,PUBLIC WORKS: Mr.Persichino
stated staff has recommended approval of the low bid from Transwest Trailers, with all options plus the
apitong wood deck,for a total of$38,743. Commissioner Geile moved to approve said bid. The motion,
which was seconded by Commissioner Vaad, carried unanimously.
APPROVE HYDRAULIC EXCAVATOR BID, PUBLIC WORKS: Mr. Persichino stated staff has
recommended approval of the low bid from Power Equipment$118,416. Commissioner Vaad moved to
approve said bid. The motion, which was seconded by Commissioner Long, carried unanimously.
APPROVE 1/2 TON 4 X4 PICKUP WITH EXTENDED CAB BID,PUBLIC WORKS: Mr. Persichino stated
staff has recommended approval of the second low bid submitted by Perkins Motor Company, since the
low bid from Valley Ford does not meet minimum specifications. Commissioner Geile moved to approve
the bid from Perkins Motor Company,in the amount of$20,229 per unit. The motion,which was seconded
by Commissioner Vaad, carried unanimously.
APPROVE 1/2 TON 4 X 4 PICKUP WITH CREW CAB BID, PUBLIC WORKS: Mr. Persichino stated staff
has recommended approval of the low bid from Stevinson Chevrolet,in the amount of$20,039.28,which
includes option#2. Commissioner Jerke moved to approve said bid. The motion, which was seconded
by Commissioner Long, carried unanimously.
APPROVE STEP VAN BID, PUBLIC WORKS: Mr.Persichino stated no bids were received;therefore,this
item will be rebid.
Minutes, January 28, 2004 2004-0359
Page 3 BC0016
APPROVE 1/2 TON 4 X 4 EXTENDED CAB PICKUP WITH TOW PACKAGE BID, SHERIFF'S OFFICE:
Mr. Persichino stated staff has recommended approval of the low bid from Valley Ford $18,806.
Commissioner Vaad moved to approve said bid. The motion,which was seconded by Commissioner Long,
carried unanimously.
APPROVE 1/2 TON FOUR-WHEEL DRIVE PICKUP BID,BUILDING INSPECTION: Mr.Persichino stated
staff has recommended approval of the low bid from Valley Ford, plus option#1,for a total of$14,636 per
unit. Commissioner Long moved to approve said bid. The motion,which was seconded by Commissioner
Jerke, carried unanimously.
APPROVE 3/4 TON 4 X 4 PICKUP WITH EXTENDED CAB BID, BUILDINGS AND GROUNDS: Mr.
Persichino stated staff has recommended approval of the bid from Garnsey and Wheeler Ford, in the
amount of$21,218.33, which includes option #1 and $144 for a hitch. Commissioner Geile moved to
approve said bid. The motion, which was seconded by Commissioner Long, carried unanimously.
APPROVE FOUR DOOR, FOUR-WHEEL DRIVE VEHICLE BID, SHERIFF'S OFFICE: Mr. Persichino
stated staff has recommended approval of the low bid from Perkins Motor Company, in the amount of
$21,555. Commissioner Jerke to approve said bid. The motion,which was seconded by Commissioner
Long carried unanimously.
APPROVE ALLOWABLE ALTERNATIVE VEHICLES BID,HUMAN SERVICES: Mr.Persichino stated staff
has recommended approval of the low bid from Davey Coach Sales, Inc.,in the amount of$35,562.42 each,
for a total of$391,186.62. Responding to Commissioner Jerke,Mr. Persichino stated the bid submitted by
Adaptive Automotive did not meet specifications. Responding to Commissioner Geile, Mr. Warden
explained the vehicles are included in the Motor Pool Fund,where they are depreciated and charged out to
the various grants. Commissioner Geile moved to approve said bid. The motion,which was seconded by
Commissioner Long, carried unanimously.
APPROVE FOUR DOOR, MEDIUM 4 X4 VEHICLE BID, PLANNING SERVICES: Mr. Persichino stated
staff has recommended approval of the low bid from Spradley Barr Ford in the amount of$17,012 each,
which includes a$125 bug shield.Commissioner Geile moved to approve said bid. The motion,which was
seconded by Commissioner Vaad, carried unanimously.
APPROVE PATROL VEHICLES BID,SHERIFF'S OFFICE: Mr.Persichino stated staff has recommended
approval of the low bid from Valley Ford,in the amount of$20,305 per unit,fora total$121,830. Mr.Warden
requested approval to purchase an extra unit if a unit damaged in a recent accident is totaled by the
insurance company. Commissioner Long moved to approve said bid,including an extra unit if necessary.
The motion, which was seconded by Commissioner Jerke, carried unanimously.
APPROVE CIVILIAN VEHICLES BID,SHERIFF'S OFFICE: Mr.Persichino stated staff has recommended
approval of the low bid from Valley Ford, in the amount of $13,915 per unit, for a total of $27,830.
Commissioner Jerke moved to approve said bid. The motion, which was seconded by Commissioner
Geile, carried unanimously.
NEW BUSINESS:
CONSIDER OPTION TO EXERCISE RENEWAL OF PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Trevor Jiricek,
Department of Public Health and Environment,stated this is the on-going agreement with the University of
Northern Colorado for laboratory testing of medical samples. The term of the agreement is January 1,2004,
through December 31, 2004, and $20.00 per specimen will be charged. Responding to Commissioner
Geile, Connie O'Neill, Department of Public Health and Environment, stated the numbers have steadily
Minutes, January 28, 2004 2004-0359
Page 4 BC0016
increased,although we are currently testing between five and ten samples per week during the academic
year. Commissioner Geile moved to approve said option to renew and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER EARLY ACTION COMPACT FOR OZONE (EAC) AND AUTHORIZE CHAIR TO SIGN
AMENDMENT TO INCLUDE WELD COUNTY IN THE EAC: Bruce Barker, County Attorney, stated the
State Department of Health and Environment is requesting Weld County to enter into an Early Action
Compact for Ozone,combining with seven entities in the Denver area,which would allow the State to delay
its nonattainment classification. Mr. Barker stated several things need to be considered by the Board,and
Doug Benevinto,Executive Director of the Colorado Department of Public Health and Environment,agreed
this item may be continued until February 4, 2004, to allow the Board to obtain further information.
Commissioner Geile moved to continue this matter to February 4, 2004, at 9:00 a.m. The motion, which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR PROFESSIONAL ENGINEERING CONSULTING
SERVICES AND AUTHORIZE CHAIR TO SIGN: Frank Hempen,Jr.,Department of Public Works,stated
this amendment is an increase of$9,450 for the agreement with Drew Scheltinga for Consulting Services.
He explained the Circuit Rider contract came about because of the 2030 planning update. He stated that
last year the Upper Front Range was required to begin updating transportation plans, and one of Weld
County's concerns was to ensure that small municipalities had appropriate and good input into planning
issues. At the same time, he stated, the Department of Local Affairs(DOLA)provided a small stipend of
approximately$25,000 to work on ways to obtain better outreach to small communities.As a result,$12,936
was allocated to the Circuit Rider program. Mr. Hempen stated 17 of the municipalities are located in Weld
County. Of the 21 municipalities, 18 requested projects, although a total of 63 projects were submitted.
Mr. Hempen stated that,although there is not enough money to cover all those projects,we did receive a
better response to upper front range meetings,and have received a lot of response to help identify special
category projects,such as intersections. Mr. Hempen stated he plans to use funds in the Contract Services
line item budget. Commissioner Geile stated staff could have asked DOLA and the Colorado Department
of Transportation(CDOT)to go to these communities and handle this project;however,it would have been
an attempt to get the municipalities to understand how the CDOT process works, and would have ended
up with a lot of confusion as to what projects really fit and which ones do not. By adding Drew Scheltinga,
who has tremendous knowledge of how locals develop projects and how they interface with the CDOT
interface system and other systems,it gave us an opportunity to establish a lot of credibility with the Upper
Front Range and to find out the desires of the communities within Weld County. Responding to
Commissioner Jerke, Mr. Warden stated the source of funds is approximately$13,000 from DOLA, with
a County subsidy of$9,450,from County road and bridge dollars. CommissionerJerke questioned whether
this is the County's business and if the County should be using County property tax dollars for municipal
purposes,since it appears to fall under the auspices of either DOLA or CDOT. Commissioner Geile stated
the best example is the Frederick,Firestone,Mead,Dacono situation,where Mead came up with four traffic
signals on Highway 66; however, Mr. Scheltinga made them understand that was an unrealistic request.
He stated Mr.Scheltinga can tie the requests into our local transportation plan and ensure the requests are
reasonable. Commissioner Geile stated no additional funds are available through DOLA;and he would like
to finish the process thatwas already started. Responding to Mr.Warden, Mr.Hempen stated we have not
asked Morgan and Larimerto paya share of this amount. Responding to CommissionerJerke,Mr.Hempen
stated there are 63 potential projects with merit. Commissioner Jerke questioned the likelihood of CDOT
funding even the highest of the 63 projects. Commissioner Vaad responded it is not very likely; however,
this process gives the Upper Rront Range the opportunity to prioritize those projects and let the
communities see where their projects fall in the priority listing. They would then be able to get together in
coalition with their neighbors and decide which ones they will do. Commissioner Vaad stated it is kind of
an exercise; however, it is an opportunity for more input, which is the whole intention of transportation
planning,and is a good start. Commissioner Vaad stated he would support asking Morgan and Larimerto
Minutes, January 28, 2004 2004-0359
Page 5 BC0016
pay a proportionate share, but he would also like to have the $9,450 tracked, to see if there is some way
to use it as a match for other DOLA grants. Commissioner Geile stated half the projects are intersection
improvements,and one of the County's goals is to try to convince the people in the Upper Front Range to
put all the intersection improvement projects into a separate fund so they do not compete with the other
transportation issues. Mr. Hempen stated he can tract the funds, and may be able to use it on a project
such as Highway 52 at Weld County Road 13. Commissioner Jerke stated he will vote against this
agreement,since it is not a Countyfunction. Commissioner Geile moved to approve said amendment and
authorize the Chair to sign and Commissioner Vaad seconded the motion. On a roll-call vote,the motion
carried four to one, with Commissioner Jerke against.
CONSIDER 2003 ANNUAL MILEAGE AND CONDITION CERTIFICATION FOR HIGHWAY USER TAX
FUND: Mr. Hempen stated this is the 2003 Annual Mileage and Condition Certification,which is used for
the Highway User Tax Fund formulas. He stated there are 679.29 miles of paved roads and 2,437.73 miles
of gravel roads, for a total of 3,117.02 miles of Highway User Tax eligible roads; and 12.72 miles were
annexed, while 4.0 miles were added, for a net decrease of approximately 8.72, which is of little
significance. Commissioner Vaad moved to approve said report. The motion, which was seconded by
Commissioner Long, carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #3720 - CLAIR AND DEBORAH ORR: Sheri Lockman,
Department of Planning Services, stated this request is for a two-lot Recorded Exemption on 100 acres.
She stated the Recorded Exemption will further divide Lot B of Fourth Amended Recorded Exemption 1274,
and she requested denial of this request because it does not meet the requirements of Section 24-9-40.M,
regarding the ten-year requirement. Ms. Lockman stated the applicant has done two amendments to the
exterior boundaries of Lot B,in 2001 and 2003,and stated staff contends that changing exterior boundaries
and lot line adjustments are not exempt from the time frame requirements,and Subdivision Exemptions for
lot line adjustments were required for the adjoining lots,to protect the legality of their buildable status since
they were grandfathered in prior to zoning. Responding to Commissioner Jerke, Ms. Lockman detailed
each of the changes made to date.
Clair Orr, applicant, presented a handout, marked Exhibit A, and stated staff views recommendations
through a very narrow window;however,elected officials can override that recommendation. He stated staff
has been forthright about its recommendation for denial;however the five acres are totally nonproductive
and he has included drainage topography on page 7 of his handout. Mr.Orr discussed the evolution of the
Recorded Exemption and changes to lot lines,stating the original Recorded Exemption was completed in
1990, leaving 310 acres in Lot B. The first amendment reduced Lot B to 160 acres, and it was further
reduced in 1996 to 106 acres. Mr. Orr stated the 106 acres should have been the boundary originally
approved,if the Planner at the time had properly advised the applicant. Mr.Orr stated the third amendment
in 2001,was a lot line adjustment and Subdivision Exemption to his neighbor's property, not a Recorded
Exemption, and it did not create any legal building sites; however, he acquired .3 acre from his neighbor
where a sprinkler crossed the property. The neighbor could not get a release from his lendorforthe.3 acre;
therefore, Mr. Orr had to use the fourth amendment to reverse, or correct, the lot line adjustment,which
created the fourth amendment. Mr. Orr stated he disagrees with staff based on staff's recommendation,
and stated that Section 24-8-40.M, regarding the time provision for Recorded Exemptions cannot be
separated from 24-8-100. He further stated that time provisions do not apply to Subdivision Exemptions
for adjustment of property lines between two contiguous parcels. Mr. Orr stated the Subdivision
Exemptions were between two contiguous properties and did not create new additional buildable lots;
therefore,the time provision should be tied to the original date of the Recorded Exemption. He stated since
the ongoing concern is the number of additional legal sites being created,this request is not a concern. Mr.
Orr also referenced Section 24-8-20.B, stating the time provision should not be applied to a Recorded
Exemption on a parcel which had been part of a Recorded Exemption approved prior to October 25, 1995,
Minutes, January 28, 2004 2004-0359
Page 6 BC0016
and he requested approval of this request. Responding to Commissioner Geile, Mr.Orr stated Frico Ditch
provides water for irrigation,and Central Weld Water provides drinking water. He also stated the southwest
corner was sold, after being divided through the Subdivision Exemption process. Responding to
Commissioner Jerke, Ms. Lockman stated Mr. Orr is requesting a square, five-acre lot in the upper
northwest corner of Lot B. There was no public testimony given. Commissioner Jerke moved to approve
the request of Clair and Deborah Orr for Recorded Exemption #3720. The motion was seconded by
Commissioner Long. Chair Masden affirmed Mr. Orr agrees with the Conditions of Approval and
Development standards. Mr. Barker stated he agrees with staff in the interpretation of the Code;however,
the Board can make waivers if the parcel has some anomalies to it to distinguish it, and he would ask for
reasons that this request would be distinguished from others. Commissioner Jerke clarified that his motion
does include all Conditions of Approval. He stated he finds the earlier changes were largely for lot line
adjustments and did not create additional lots;therefore,this property should not be held to the ten-year rule.
He also found changes Mr. Orr made which would have created additional lots fell within the original
Recorded Exemption; therefore, he met the intent of the ten-year rule. Commissioner Geile stated the
County also has an Ordinance pending,which has completed second reading,which will change the ten-
year rule to five years. Chair Masden thanked staff for the thorough research and presentation,and stated
he concurs with Mr.Orr's presentation showing no additional buildable lots are being added. Mr.Orr stated
there are ambiguities in the way the Code is written and that an individual cannot understand the difference
between separate sections, and it should be addressed in the near future. Mr. Barker agreed and stated
that the intent of Section 24-8-100 was to make exterior boundary changes fit within the requirements of the
time provision,and it does do that. However,if the desire is to change so the rule is that if it does not create
a new lot, that is the criteria that should be stated in the Ordinance. As the Ordinance reads now, even
exterior boundary changes are included in the time provisions. On a call for the vote, 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 10:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CI0LORADO
ATTEST: � ;,, /,{� ,I � /� ,tea 'V≥
�'®� Robert D. Masden, Chair-
Weld
County Clerk to t :o.
William H. e, Pro-Tem
BY:
Deputy Clerk to the B :Y 2 eye„,
eile
Dar Lon
Glenn Vaa
Minutes, January 28, 2004 2004-0359
Page 7 BC0016
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