HomeMy WebLinkAbout20043257.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 10, 2004
TAPE #2004-51
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, November 10, 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 Jerke moved to approve the minutes of the Board of County Commissioners
meeting of November 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 Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PRESENTATIONS:
Recognition of Services, Fair Board-Kelli Johnson and Brent Hopkins:Chair Masden read the certificates
into the record, although neither individual was present.
Recognition of Services, Child Protection Citizen Review Panel-Kelley Hekowczyk: Chair Masden read
the certificate into the record. Ms. Hekowczyk was not present to receive her award.
Recognition of Services, Regional Communications Advisory Board-Rabun Moss: Chair Masden read the
certificate into the record. Mr. Moss was not present.
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Recognition of Services, Board of Public Health-Roy Spitzer: Chair Masden read the presentation into the
record. Mr. Spitzer was present to receive his award, and Chair Masden expressed his thanks to Mr.
Spitzer for his time and assistance.
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 $314,520.34
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE ST.VRAIN RIVER TRAIL BID-FINANCE DEPARTMENT: Mr.Warden stated the Department
of Public Works, as well as KBN Engineers, recommends approval of the low bid from Jag's Enterprises,
Inc., in the amount of$144,077.38. Mr. Warden also reported on the financial sources for the trail, and
stated the County will put approximately$65,469 into the project. Responding to Commissioner Jerke, he
stated the County is the conduit for money from GoCo, which amounts to nearly two-thirds of the project.
Commissioner Jerke moved to accept the low bid from Jag's Enterprises, Inc., in the amount of
$144,077.38. The motion, which was seconded by Commissioner Vaad, carried unanimously.
APPROVE SURVEY GRADE GPS SYSTEM BID-PUBLIC WORKS: Mr.Warden stated the Department
of Public Works has recommended approval of the low bid from Frontier Precision, Inc., in the amount of
$41,770.69. He stated the Board may waive specifications if they are not significant, and if the proposed
bid provides the intent and purpose of the original bid. Commissioner Long moved to approve said low bid.
The motion, which was seconded by Commissioner Jerke, carried unanimously.
NEW BUSINESS:
CONSIDER PERPETUAL LEASE OF FULLY CONSUMABLE WATER AND AUTHORIZE CHAIR TO SIGN-
CITY OF GREELEY: Lee Morrison, Assistant County Attorney, stated this lease, in the amount of$1.8
million dollars, is to guarantee the County the right to use up to 300 acre feet of fully consumable water per
year. He explained that fully consumable water has been brought from outside the basin and it can be used
to exhaustion. He stated the City of Greeley has imported the water;however,it does not have the physical
ability to use it because most of the delivery of this water is at the bottom of the Greeley system,at its sewer
plant. He stated the City will be able to use the cash to invest in water resources further upstream, which
will also help protect these rights. Mr. Morrison stated the County is currently leasing the water from the
Cities of Greeley and Fort Collins on a year-to-year basis,and this perpetual lease will allow security for this
amount of water,without having to scramble to find leases. He also stated the cost of$1,000 per acre foot
is less than what the City of Greeley has been charging, giving the County a break, but also because the
County will pay some annual administrative costs at$65 per acre foot. Mr. Morrison stated this water will
not prevent or replace the County's ability to use County gravel pits for storage of water, and that, as new
pits are opened, there may be additional augmentation requirements, and this allows the County to have
greater flexibility. Mr. Morrison stated this lease was initiated by Don Williams when he was an employee
of the City,and he recommended approval. Responding to Commissioner Geile, Mr. Morrison stated there
is no termination of the lease provided, since it is a perpetual lease; however, if the County does not use
the water,the City has the right to use it. He also stated that if the County violates or defaults on the lease,
there is a provision for cause,which brings an opportunity for cure. He also stated if the County conveys
Minutes, November 10, 2004 2004-3257
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water to a third party,the City would have the right of first refusal. Responding to Commissioner Geile, Mr.
Morrison stated to determine the administrative costs, Mr. Williams provided documents for allocation of
costs for transmission and bookkeeping to account for water rights, and an escalator using the Consumer
Price Index was added to allow an adjustment of the cost in the future. Mr.Warden stated that, at$65 per
acre foot,the County is paying less than if it were required to engage an engineering firm to administer it.
Mr. Morrison stated the City has also already adjudicated its rights in Water Court, therefore, if there is a
reason to go to the Courts,the Citywill not challenge what it administered. Commissioner Jerke stated this
is a great deal for both parties; perpetuity is a long period of time; the critical issue is that this is everyday
water and the County will have it available all winter long when it is needed, rather than augmented water
which does not cover those dry periods; and a governor on the administrative fee is appropriate.
Mr. Warden stated the perpetual rights is of key benefit, since the City was originally offering a 50-year
lease. Commissioner Jerke moved to approve said lease. Seconded by Commissioner Long,the motion
carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY-WILLIAM BREITIGAM: Mr.Warden
stated, by statute, it is the administrative requirement of the Board of County Commissioners to establish
the salary of Deputy District Attorneys. Commissioner Jerke moved to approve said appointment.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-ROBERT BENSON: Keith Meyer, Department of Public Works,stated this
is one of the last parcels required for this project. Commissioner Long moved to approve said easement.
Seconded by Commissioner Geile, 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.
�o further business, this meeting was adjourned at 9:35 a.m.
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,� ,• „N. BOARD OF COUNTY COMMISSIONERS
u WELD COUNTY, COLORADO
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Robert D. Masden, Chair
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William H. Je , Pro-Tem
BY: 1
Deputy Clerk to the Board
M. eeile
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David E. Long ,
Glenn Vaad
Minutes, November 10, 2004 2004-3257
Page 3 BC0016
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