HomeMy WebLinkAbout20040662.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 3, 2004
TAPE #2004-09
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 3, 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, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of March 1, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Masden added New Business, Item #3, "Consider Community
Development Block Grant Contract for Aurora Organic Dairy, Inc., and authorize Chair to sign."
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.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE-LARRYJORGENSEN:
Chair Masden read the certificate recognizing Larry Jorgensen for eight years. Mr. Jorgensen was not
present to receive his award.
RECOGNITION OF SERVICES,AREAAGENCY ON AGING-DON BEIERBACH,HAROLD CHADWICK,
PHYLLIS RANGEL,DON FELDHAUS,MARY EASTWOOD: Chair Masden read the certificates recognizing
Don Beierbach,Harold Chadwick, Phyllis Rangel,Don Feldhaus,and Mary Eastwood for their services on
the Area Agency on Aging Board. Although none of the individuals were present to received their awards,
Commissioner Vaad expressed gratitude for their part in making the Area Agency on Aging an effective,
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active board,which demonstrates an impressive outreach to senior citizens in Weld County. He stated the
Agency pays big dividends for seniors. Chair Masden concurred and stated it is a great group,dealing with
quality issues.
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 $515,322.14
Electronic Transfers -All Funds $51,155.67
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE 2004 HERBICIDES BID: Pat Persichino,Director of General Services,stated
these bids are requested through the Municipal Assembly for Procurement Officials(MAPO). He read the
names of the vendors and stated each chemical will be awarded to the low bidder. Therefore, staff is
recommending approval of the low bid for each item to Helena Chemical, in the amount of$36,450.70;
United Horticultural Supply,in the amount of$7,420.15;and Van Diest Supply,in the amount of$1,623.40;
for a total bid amount of$45,494.25.CommissionerJerke moved to accept the low bids,as recommended
by staff. The motion, which was seconded by Commissioner Geile, carried unanimously.
PRESENT APPRAISAL SERVICES BID-DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the
names of the sole vendor who submitted a bid into the record. Said bid will be considered for approval on
March 17, 2004.
APPROVE 2004 SLURRY SEAL BID, DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated staff
has recommended approval of the low bid from Quality Resurfacing Inc., in the amount of$843,261.70.
Commissioner Geile moved to approve said low bid. The motion,which was seconded by Commissioner
Vaad, carried unanimously.
APPROVE 2004 CRACK SEAL BID, DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated staff
recommended approval of the low bid from Flat Coat Asphalt Specialists, in the amount of$47,798.60.
Commissioner Vaad moved to approve said bid. The motion, which was seconded by Commissioner
Jerke, carried unanimously.
OLD BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY ON WCR 17 - DAVID AND GERTRUD NEWBOLD (CON'T FROM 02/04/04): Frank
Hempen,Jr., Director of Public Works, reviewed the history of this item and the next item of buisness. He
stated the two agreements were tabled until staff could review long-term issues surrounding the granting
of long-term license agreements. He stated in the interim, staff from the affected departments have met
and prepared alternatives for the Board to look at; however,it is scheduled for a work session on March 8,
2004. Mr. Hempen stated after the Board reviews and decides on the alternatives it will be awhile before
they are implemented,therefore,he does not feel it is appropriate to delay these two agreements until that
process is finalized. Don Carroll, Department of Public Works, stated the agreement is for right-of-Way
known as Weld County Road 17, and he stated the property owner is splitting the parcels through the
Recorded Exemption process. He stated Weld County does maintain the road to the existing house,and
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the applicant has asked that road be extended through Lot Aofthe Recorded Exemption. Mr.Carroll stated
there is 30 feet of right-of-way, and he recommended approval of the agreement. Responding to
Commissioner Geile, Mr. Carroll stated there is not much development currently occurring in this area.
Dave Newbold, applicant, stated he purchased the property last July and is currently in the process of
moving in. He is doing the Recorded Exemption to allow his son to have a separate home nearby,to help
him manage the remainder of the property. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
RIGHT-OF-WAY ON WCR 106-DON AND BECKY SMITH (CON'T FROM 02/04/04): Mr. Carroll stated
this is also an 80-acre parcel located on Weld County Road 106, for a distance of one mile east of Weld
County Road 17. He stated access will be granted between Sections 9 and 16,and 30 feet of right-of-way
is available on the south side. Mr. Carroll recommended approval and stated the applicant is not present
or represented. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Geile,the motion carried unanimously. Responding to Commissioner Geile
regarding the process for reverting this back to a County road when it is developed further to the east,Bruce
Barker, County Attorney,stated it would be brought up to an all weather road, and the license agreement
could be revoked with appropriate notice to the applicant.
NEW BUSINESS:
CONSIDER CHANGE ORDER LETTER #1 TO AGREEMENT FOR NON-RESIDENTIAL INTENSIVE
SUPERVISION SERVICES PROGRAM-THE RESTITUTION CENTER: Mr.Warden stated this change
order will reduce the funding amount for diversion non-residential placements by$10,000,to a new total of
$119,290. Commissioner Geile moved to approve said contract and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER FOUR MEDICAL AND HOSPITAL GROUP SUBSCRIBER MASTER CONTRACTS FOR
HEALTH INSURANCE AND AUTHORIZE CHAIR TO SIGN - PACIFICARE OF COLORADO, INC.: Mr.
Warden stated these are the four final contracts for health care plans offered to employees, which was
authorized in November. Commissioner Vaad moved to approve said contracts and authorize the Chair
to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR AURORA ORGANIC
DAIRY, INC., AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this contract is an Economic
Development Grant for the benefit of the Aurora Organic Dairy,Inc.,located near Platteville. He stated this
is a 28,815 square foot organic processing plant dairy, which will create 35 jobs. The Community
Development Block Grant is to help fund needed infrastructure improvements to the sewer lines. He stated
the grant is in the amount of $500,000, and includes $10,000 for administrative costs. Responding to
Commissioner Geile, Mr.Warden stated the dairy is located on Highway 66,and the dairy will be certified
as organic. Commissioner Vaad moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
PLANNING:
SECOND READING OF CODE ORDINANCE #2003-7, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENT,CHAPTER 19,ARTICLE VI (EVANS IGAAGREEMENT),OF THE
WELD COUNTY CODE: Commissioner Geile moved to read by title only. The motion, which was
seconded by Commissioner Vaad, carried unanimously. Bruce Barker, County Attorney, read the title of
Code Ordinance #2003-7. Monica Mika, Director of Planning Services, stated there is no formal
presentation to be given at this time. Mr. Barker stated that after the joint meeting with Evans officials last
week, he was asked to propose a change in the language. He stated that was done in the form of a letter,
which was faxed to Evans on Monday, a copy of which is included in the file. Mr. Barker stated there was
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some confusion over an area south of 37th Street to which Greeley and Evans had an agreement, via a
Court case several years ago,therefore, Mr.Barker contacted Rick Brady,City of Greeley,for clarification.
Mr. Brady stated there is no restriction to keep Greeley from annexing the area south of 37th Street. Bruce
Eisenhower, Evans Town Administrator, stated the City submitted a letter dated February 26, 2004,
requesting continuation of this Ordinance. He stated Mr. Barker's letter was distributed to the Council at
its meeting last night, and the Town has requested additional time to review the proposed change.
Commissioner Vaad suggested March 31,2004,as a date for continuance. Zach Allely,property owner in
the affected area,stated they need to have resolution of this matter. He stated it has been delayed for over
three months,and there is no reason to continue. Mr.Allely also stated the Town of Milliken has hosted two
open houses to discuss annexation issues;however,during the same time frame,the Town of Evans has
not done anything to reach its citizens. Chair Masden explained the reason for the continuance,and Mr.
Allely reiterated he would like the matter brought to a conclusion. Responding to Mr.Allely,Chair Masden
stated the Board cannot guarantee it will be finalized on the date to which it is continued,since the Board
is working with multiple jurisdictions and gathering input from them. Responding to Mr.Allely's request for
a respose to his petition, Mr. Barker stated the petition was submitted at first reading and has been
incorporated into the record for the Board's consideration. Mr. Barker explained the only instance which
requires a response to a petition is a referendum requesting a ballot measure. Mr.Allely submitted a new
petition,marked Exhibit V,distributed in January,2004. He stated there was no response in favor of Evans.
Fred Walker,President of the Weld County Farm Bureau,stated he got involved approximately 30 days ago,
when members concerned about this Ordinance contacted him about what was happening. Mr. Walker
sent notice to property owners within the proposed Urban Growth Boundary Area, and found many
members did not understand the information given to them. He has attempted to clarify the process and
information given;however,he would appreciate the Board meeting with the property owners directly to help
resolve the concerns. Mr. Walker offered to send notice to the property owners if the Board will speak to
them about the purpose of Urban Growth Boundary Areas,proposed language changes,and he requested
enough time to then coordinate the comments from the property owners prior to the continuance date.
Chair Masden closed public testimony. Responding to Commissioner Geile, Mr. Eisenhower stated the
March 31,2004,date is acceptable. Commissioner Vaad stated he appreciates Mr.Walker's comments,
and feels four weeks should allow time for a meeting,which he feels would be of benefit. Commissioner
Jerke stated he will support the continuance;however,he agrees with Mr.Allely that the citizens have a right
to closure, and noted the First Reading only passed three to two, with the Board of Commissioners
requesting Evans to resolve certain issues; however, it is not clear how much has been accomplished.
Chair Masden stated he agrees with his colleagues and feels more public forum is all right if held within the
month. Commissioner Vaad moved to continue Second Reading to March 31, 2004, at 9:00 a.m. 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 #2003-7 was continued on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
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Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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ATTEST: IS 11,,a as Vv hair
diii Robert D. Masden, Chair
Weld County Clerk to the ar 4,0,6
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• CI �� William H. Jer ,pro-Tem
BY: �v/ ti ..t r 4
Deputy Clerk to the Board' - - � idea'
M. J. Geile
EXCUSED
David Long/
Glenn Vaad
Minutes, March 3, 2004 2004-0662
Page 5 BC0016
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