HomeMy WebLinkAbout20040770 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 10, 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 10, 2004, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Robert D. Masden, Chair- EXCUSED
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 Vaad moved to approve the minutes of the Board of County Commissioners
meeting of March 8, 2004, as printed. Commissioner Long 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 Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
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 $558,502.31
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
2004-0770
BC0016
BIDS:
PRESENT HOT IN PLACE RECYCLING (WCR 53) BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Warden read the name of the sole bidder into the record. Said bid will be considered for approval on
March 24, 2004.
APPROVE 2004 DUST PALLIATIVE PROJECT BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden
stated staff has recommended approval of the low bid for each item. Commissioner Long moved to accept
the bid for item#209.01 from Envirotech Services, Inc., in the amount of$93,110.50; item#209.05A from
GMCO Corporation, in the amount of$43,956.00;and item#209.05B from Envirotech Services, Inc., in the
amount of$30,432.50. The motion, which was seconded by Commissioner Vaad, carried unanimously.
APPROVE 2004 SIGN MATERIAL BID-DEPARTMENT OF PUBLIC WORKS: Mr. Warden stated staff
has recommended the bid be awarded to the lowest bidder meeting specifications for each item. Mr.
Warden stated 3M would be awarded items totaling$3,145.25,Vulcan Signs$33,813.25,J&S Contractors
$1,173.76, United Rentals HighwayTechnology$2,105.00,Lyle Signs/North Dakota$8,080.00,and J&A
Traffic Products, $1,561.98, with a total of$49,879.24 being awarded. Commissioner Vaad moved to
accept the bids as recommended by staff. The motion, which was seconded by Commissioner Long,
carried unanimously.
NEW BUSINESS:
CONSIDER PARTNERSHIP AGREEMENT FOR FORMATION OF PARTNERS ADVANCING EARLY
CHILDHOOD EDUCATORS(PACE)AND AUTHORIZE CHAIR TO SIGN:Janet Flaugher, Department of
Human Services, stated since the grant which previously funded early childhood education classes is
ending,staff has been working with Aims Community College,Child Advocacy Resources and Education,
and United Way to generate funding. Ms. Flaugher stated that through this partnership agreement,funding
has been obtained for a two-year grant, in the amount of$1,000,000 to provide early childhood education
classes geared specifically to our program needs, as well as parent training and staff certification.
Responding to Chair Pro-Tem Jerke, Ms. Flaugher stated this is a different grant, but it has the same
impetus of the previous grant,and the County's commitment is FTE's, not in-kind match. She also stated
it is a substantial increase in funds for this program. Commissioner Vaad stated he discussed this program
with Walt Speckman,Director of Human Services,and stated our program is unique in that it offers parents
of children a manner in which to become involved and trained. Commissioner Vaad moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 13 BETWEEN WCRS 38 AND 44: Frank Hempen, Jr.,
Director of Public Works,stated this closure is necessary for completion of the crossing improvements for
the railroad track at the stated location, and the road will be closed March 15 through April 2, 2004. Mr.
Hempen stated the same detour was used last fall when the north side was completed, and the gravel
portion of the detour has been stabilized. Commissioner Vaad stated that FastTracks of Denver has talked
about a line from Greeley to Longmont,which would use this particular track. Commissioner Long moved
to approve said closure. The motion,which was seconded by Commissioner Vaad,carried unanimously.
Minutes, March 10, 2004 2004-0770
Page 2 BC0016
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR WCR 51 AND AUTHORIZE CHAIR TO
SIGN -JEFFERY PARKER: Mr. Hempen stated under this agreement, Mr. Parker will receive $17,109,
which includes the temporary easement, relocation of Jim Creek onto private property, reconstruction of
an existing pond, remodeling a center pivot irrigation system, construction of a roadside ditch, and
reconstruction of an existing driveway. Mr. Hempen stated this is more commonly referred to as the
"Calpine Project." Responding to Chair Pro-Tem Jerke, Mr. Hempen stated this project involves grading
and paving the road, and this is one of the most difficult acquisitions. He explained that Jim Creek is a
relatively large ditch,which created problems in design and getting it onto private property to make the flow
more efficient. Commissioner Long moved to accept said easement. The motion, which was seconded
by Commissioner Vaad, carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 59 SOUTH OF STATE
HIGHWAY 52: Mr.Hempen stated there has been concern about the southwest corner of this intersection,
at Weld Central High School,with people parking along the east side of the road. Mr.Hempen stated there
is some shoulder,but with a deep ditch just beyond the shoulder,causing drivers to park on the pavement,
instead of pulling off the pavement. He stated this creates a major hazard because it restricts the width of
the roadway. After a site review,staff recommended "No Parking"signs,with supplemental plaques"On
Shoulder" need to be posted. Mr. Hempen recommend the no parking zone be enforced from the
intersection to 700 feet south,which is the end of the school property. Responding to Commissioner Vaad,
Mr. Hempen stated Commissioner Masden requested this review; however, other complaints have been
received. Commissioner Long moved to install signs as recommended by staff. The motion,which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 17 AT WCR 16: Mr. Hempen
stated several requests were received to review the intersection at Weld County Roads 16 and 17,both of
which are gravel roads. Staff found some sight obstructions exist on the southwest corner of the
intersection,because of the recent construction of housing and outbuildings. Mr. Hempen stated the sight
restrictions warrant a stop condition and ,since Weld County Road 17 has the lesser traffic flow, it should
be the road to stop. Responding to Commissioner Jerke, Mr. Hempen stated there has only been one
accident at this intersection;however,when an intersection is brought to staff's attention, if there are sight
restrictions, action is recommended instead of waiting for a history of accidents. Responding to
Commissioner Vaad,Mr. Hempen stated no prior warning of the stop condition is given;however,a red flag
is posted on any new signs being installed. Commissioner Long moved to install signs as recommended.
The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER AMENDMENT TO SALES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TYLER
TECHNOLOGIES, EAGLE DIVISION, INC.: Bruce Barker, County Attorney, stated this amendment is to
allow the implementation of e-filing documents for recording. He reviewed the amendment and it has been
revised to his satisfaction,therefore,he recommends approval. Steve Moreno,Clerk and Recorder stated
this will allow for the electronic filing of documents for recording, and allow approved vendors to send
electronic documents through the system to allow a quicker turnaround of recorded documents. Mr.
Moreno stated two counties already have the system implemented,and Weld County will be phasing it in.
He stated the State has technologyfunds available,through a surcharge for recorded documents,to allow
integration with vendors such as title companies and banks. Mr. Moreno stated the turnaround should be
approximately 24 hours instead of as much as 45 days in the past. Responding to Chair Pro-Tem Jerke,
Mr. Moreno stated there are firewalls installed, and Tyler Technology will be working with two separate
companies, through which the documents will be submitted. Mr. Moreno stated staff is hopeful that the
Public Trustee will be able to submit electronically,since she accounts for approximately 30 percent of the
documents currently being recorded,with title companies accounting for another 30 percent. He stated the
implementation is a slow process; however, phasing it in will allow time to address any concerns or
problems that may arise. Responding to Chair Pro-Tem Jerke regarding a firewall and other methodology
Minutes, March 10, 2004 2004-0770
Page 3 BC0016
to insure information is authentic, Mr.Warden stated the agreement will ensure security of the network,not
the presentation of fraudulent documents. He stated staff must record whatever is presented, and Mr.
Barker explained the security measures are to ensure documents cannot be altered after being recorded,
and stated staff has some discretion on the form of a document, but the majority of documents have to be
accepted and recorded as presented. Commissioner Long moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. Mr.
Warden stated a surcharge of$1.00 has been charged for several years on recorded documents, half of
which was retained by Weld County and half of which was sent to the Secretary of State. Mr.Moreno stated
the half sent to the State was to help fund e-filing in counties that cannot afford to do it themselves. He
noted Weld County has accumulated $85,000 since the surcharge was imposed.
PLANNING:
CONSIDER REQUEST TO RECONSIDER CONDITION OF APPROVAL#1.G FOR BUXMAN ESTATES
MINOR SUBDIVISION FINAL PLAT,MF#603-HAROLD, DORIS, DON AND LISA BUXMAN: Chair Pro-
Tem advised Don Buxman, applicant, of his right to continue this matter with only three Commissioners
being present; however, Mr. Buxman stated his desire to continue.
Chris Gathman, Department of Planning Services,stated Condition of Approval#1.G of MF#603 requires
irrigation water to be leased to the Homeowners Association prior to recording the plat; however, the
applicant is planning to use dryland planting and zeroscaping, instead of a secondary water source. Mr.
Gathman indicated the areas along Weld County Road 29 where native grasses plants will be placed. Don
Buxman,applicant,stated the original plan was for the Homeowners'Association to lease water from Harold
Buxman,and they never intended to irrigate the open space or entrances. He stated the zero scaping and
native grasses are more appropriate,and they are asking for this change to alleviate problems five or ten
years in the future created by leasing ofwaterwith many variables. He stated the Homeowners'Association
would retain the option of purchasing or leasing ditch water on its own; however, lots will not be sold as
having irrigated water available. Mr. Buxman stated there is a non-pressurized line being installed nearby,
which subdivisions will be allowed to tie into. Responding to Commissioner Jerke, Mr. Buxman stated no
lots have been sold and none are under contract. Mr. Buxman stated there have been several interested
buyers;however,the realtor has told them there are no plans for irrigation. Mr.Barker stated the appropriate
motion would be that Mr. Buxman's method of complying with Condition of Approval#1.G is acceptable and
reasonable. Commissioner Long moved to approve Mr. Buxman's method of meeting the requirements
of Condition of Approval#1.G for Buxman Estates Minor Subdivision Final Plat, MF#603,through planting
of native grasses and zeroscaping. (Changed to Tape#2003-11.) Chair Pro-Tem stated this is a wise
decision, because if the water is not deeded, it is difficult for the property owners to lease water forever at
unknown expense. Mr.Barker suggested purchasers be informed that Condition of Approval#1.G has been
met through zeroscaping, and Chair Pro-Tem Jerke instructed Mr. Buxman to instruct the reator to put a
Special Provision into the contracts explaining the change. The motion, which was seconded by
Commissioner Vaad, carried unanimously. [Clerk's note: let the record reflect no Surrounding Property
Owners were present to present testimony in this matter.]
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 10, 2004 2004-0770
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
!) _/�,® ���// WELD COUNTY, COLORADO
ATTEST: ,1L4 ,4% .a , EXCUSED
E Robert D. Masden, Chair
Weld County Clerk to the Boa �
`.' _� `
1861
4i2P�� William H. Jerke, Pro-Tern
Deputy Clerk to the Boar. j � EXCUSED
♦ � \ S'� M. J. ile
Davi E. Long
Glenn Vaad
Minutes, March 10, 2004 2004-0770
Page 5 BC0016
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