HomeMy WebLinkAbout20042466.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 18, 2004
TAPE #2004-35
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, August 18, 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-Tern
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of August 16, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Sharon Young, who lives on Weld County Road 20, presented a letter to the Board, a
copy of which is attached hereto. She stated she is trying to get a road reservation removed from 2nd
Amended Recorded Exemption#2975;however,both she and her attorney have had difficulty in interpreting
the procedure that must be followed in order to do so. She stated the attorney, Julie Reck, has talked to
Lee Morrison,AssistantCountyAttorney; Don Carroll and Keith Meyers, Department of Public Works;Chris
Gathman and Jacqueline Hatch, Department of Planning Services; and Carrie McCook, Planner for the
Town of Frederick;as well as leaving an extensive message for Monica Mika, Director of Planning Services.
She expressed her frustration with the various answers given and requested the matter be placed on the
Board of County Commissioners agenda to allow her to present her case for approval. Commissioner
Jerke suggested Ms. Mika go outside with her and explain the procedure and process to be followed to get
to that point.
CONSENT AGENDA: Commissioner Jerke 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.
2004-2466
BC0016
DT-oa -o4
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $569,656.81
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT DELINQUENT TAX LIST ADVERTISEMENT BID-TREASURER'S OFFICE: Mr.Warden read
the name of the sole vendor into the record. Said bid will be considered for approval on September 1,2004.
APPROVE 2004 SAND SEAL PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Frank Hempen,
Director of Public Works,stated the low bid was submitted by Flat CoatAsphalt Specialists, LLC;however,
he is requesting approval of the second low bid since the work history with the low bidder in the past has
not been successful or acceptable. He stated there are many instances of significant problems, including
missing cracks while doing crack fill in 2004,requiring extra work and inspection;sand seal last year which
was not applied appropriately; and significant problems with the workmanship of the 2003 crack seal
project. He also stated there is a lack of cooperation between workers and County inspectors, therefore,
he recommended the bid from Sealco Asphalt, Inc., be approved. Commissioner Long moved to approve
the second low bid, in the amount of$66,077.00. The motion, which was seconded by Commissioner
Geile, carried unanimously.
OLD BUSINESS:
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES WITHIN ARISTOCRAT RANCHETTES
SUBDIVISION(CON'T FROM 7/19/04): Mr. Hempen requested this item be continued another two weeks,
since a meeting is scheduled with the homeowners tonight. Commissioner Long moved to continue this
item to September 4, 2004,at 9:00 a.m. The motion,which was seconded by Commissioner Jerke,carried
unanimously.
NEW BUSINESS:
CONSIDER 2004 WORKFORCE CONTRACT AND AUTHORIZE CHAIR TO SIGN: Walt Speckman,
Director of Human Services,stated this contract allows for the provision of services through the Workforce
Center for people with disabilities. He stated the contract, in the amount of$39,550, is for the period of
September 1,2004,through June 30,2005. Responding to Commissioner Geile, Mr. Speckman stated the
program allows staff to work with individuals who have a disability requiring unique circumstances to get
into the labor market. Commissioner Geile moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER 2004AMERICORPS CONTRACT AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated
this is an on-going contract, in the amount of$148,800.00. Responding to Chair Masden, he stated there
are approximately 30 young adults in three Corps, completing projects such as planting trees in the
Frederick Park, and the Barbour Ponds Park project, as well as reading to children in the Head Start
Centers. Responding to CommissionerJerke, Mr. Speckman stated the youths receive a stipend amount
after the project is completed. Commissioner Vaad moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, August 18, 2004 2004-2466
Page 2 BC0016
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR VOLUNTEER
PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Mr.
Speckman stated this agreement provides funds, in the amount of $500, for telephone reassurance
services to isolated,lonely,frail seniors in Weld County. He stated the program,which is known as Project
Connect, provides for Retired and Senior Volunteer Program volunteers to connect with the seniors by
telephone. Responding to Commissioner Jerke, Mr.Speckman stated that, because of the volunteers who
work for the project,the$500 goes a long way. He also stated daily contact is maintained. Commissioner
Vaad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN-SCHOOL DISTRICT RE-1: Mr. Speckman stated this agreement,which is unchanged
from last year, provides for breakfast, snacks, and lunches to be served to Head Start children.
Commissioner Geile moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR EARLY CHILDHOOD EDUCATION
SERVICES AND AUTHORIZE CHAIR TO SIGN-SCHOOL DISTRICT RE-1: Mr.Speckman stated this is
the operational agreement for additional finance money to use for preschoolers. He stated the services are
provided in District RE-1 facilities. Commissioner Long moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER CONSULTANTAGREEMENT FOR SPEECH AND LANGUAGE SERVICESANDAUTHORIZE
CHAIR TO SIGN-JENNIFER MCCLASKEY: Mr. Speckman stated this agreement provides the Migrant
Head Start program in Grand Junction with speech and language services. Responding to Commissioner
Long, Mr. Speckman stated he is not familiar with Jennifer McClaskey's specific qualifications; however,
staff has ensured the needs of the program are being met. Responding to Commissioner Jerke, Mr.
Speckman stated Ms. McClaskey does teach English;however,communication is the key,and her services
are usually provided to delayed speech clients. Commissioner Geile moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CONSULTANTAGREEMENT FOR OPHTHALMOLOGY SERVICES ANDAUTHORIZE CHAIR
TO SIGN- JEAN MCCARTHY:Mr.Speckman stated this agreement provides nursing services for the Head
Start program. Commissioner Vaad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START CHANGE OF SCOPE AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is an addition to the Federal Grant,regarding the
Fort Lupton Head Start program. He stated this will implement slight changes in the scope of work and how
the program will be handled next year. Responding to Commissioner Jerke, Mr. Speckman stated the
program will be moving to the Head Start model in the preschool program, lasting three and one-half hours
daily, and including home visits. He stated classroom space and transportation is also provided.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD STARTTECHNICALASSISTANCE
ONE TIME FUNDING AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this request is for an
additional$4,000 to be added to the basic grant, in order to complete Federal mandates. Commissioner
Geile moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
Minutes, August 18, 2004 2004-2466
Page 3 BC0016
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT HEAD START TECHNICAL
ASSISTANCE ONE TIME FUNDING AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this is the
same as the previous item, except it is for the Migrant Head Start Program. Commissioner Long moved
to approve and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER POLITICAL SUBDIVISION CONTRACT FOR EMERGENCY MEDICAL AND TRAUMA
SERVICES GRANT AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT: Dave Bressler, Director of Paramedic Services, stated the County has
received a$75,000 grant for the re-chassis of one ambulance, and this is the formal contract. Responding
to Commissioner Geile, Mr. Bressler stated the Colorado Department of Public Health and Environment
is the source of funds. He stated there are additional funds of$80,000 from RETAC. Commissioner Geile
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE#2004-6,IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26 MIXED USE
DEVELOPMENT, OF THE WELD COUNTY CODE-MELODY HOMES/D R HORTON: Commissioner
Long moved to read by title only. The motion, which was seconded by Commissioner Vaad, carried
unanimously. Mr. Barker read the title of Code Ordinance#2004-6. Monica Mika, Director of Planning
Services,displayed a map of the Mixed Use Development(MUD)area including the requested parcel. She
stated no concerns have been received since second reading. She referenced the Table in Appendix 2-G,
which was revised at first reading to include the requested parcel,and stated that, because of the frequent
change in population and other data, the numbers in the table do not make sense. She stated the table
does not keep up with the data;therefore,she has recalculated all the numbers. She further stated that she
recommends removing this table from the Code,keeping it available in the Department of Planning Services
with updated data. Ms. Mika stated that would be similar to other maps that previously were in the Code.
Ken Poncerelli, representing D R Horton, Melody Homes, stated he does not have a formal presentation,
and he is available to respond to any questions.
Rick Sampson,attorney for the Town of Mead,stated he is here to raise the question of a procedural issue
for the record. He stated that Section 26-1-30 of the Weld County Code, regarding the amendment
procedure for the MUD area, references the procedures set forth in Section 22-1-150 of the Code,which
is the Comprehensive Plan. According to Section 22-1-150.6.3,proposed amendments must be submitted
to the Department of Planning Services no later than February 1 or August 1 of each year. Mr. Sampson
stated the application for this amendment was not received until the end of February. Responding to
CommissionerJerke, Mr. Barker stated that Mr. Sampson is correct in his references and dates, although
Section 22-1-150.B.1 stated the process begins in March or September of each year. Mr. Barker stated
that at the first reading, he interpreted the two sections referencing dates not to be jurisdictional, but for the
convenience of the Board so applications are not being processed continuously throughout the year. He
stated the remedy is to find that the application was submitted by August 1, and to go through the process
in September, although there would be nothing to gain from that remedy. Responding to Chair Masden
regarding the submittal date, Mr. Poncerelli stated it was his understanding that the Director of Planning
Services has the authority and discretion to interpret the guidelines to determine whether the issue is within
the spirit of the Code. Mr. Poncerelli further stated he met with Ms. Mika in January,after which clarification
on the application was required, and several issues were brought to his attention for action,therefore, Ms.
Mika informed him that it would be appropriate to turn in the application by the end of February. He stated
he had the ability to get it in by February 1st, although he decided to meet with various agencies prior to
submittal, which is why he delayed in the submission of the application.
Minutes, August 18, 2004 2004-2466
Page 4 BC0016
Responding to Commissioner Geile, Mr. Poncerelli stated the entire property requested for inclusion in the
MUD is entirely residential and that the property is within the St.Vrain Sanitation District. He further stated
the application has been approved by the Long's Peak Water District,he has met with the Fire District, and
the Sheriffs Office is amenable to a Law Enforcement District being formed. Responding further to
Commissioner Geile, Mr. Poncerelli stated there is an extensive plan included for parks, as well as an
improvements agreement for Weld County Road 7. Commissioner Jerke stated his findings that the
applicant has met the criteria for inclusion are unchanged from the first and second readings. He says the
applicant has provided the necessary information regarding water, sewer, police protection; and a
contribution to the transportation system. He stated this property will be a successful addition to the MUD.
Commissioner Geile stated he has listened to the Mead representatives, and realizes the Town is in the
process of updating its Comprehensive Plan; however, this application was received prior to any
determination they will make on that Plan. He stated there is no reason to not include the property in the
MUD. Chair Masden concurred with the comments made. Mr. Barker stated the criteria listed in
Section 22-1-150.6.3.a and .b of the Code, are both included in the text of the Ordinance. Commissioner
Geile moved to find the two criteria have been met and to approve the request of Melody Homes / D R
Horton, for inclusion of 188 acres into the MUD. The motion was seconded by Commissioner Jerke.
Commissioner Vaad stated he will support the motion, and stated he and Chair Masden have met with
representatives from the Town of Mead in a public meeting,and expressed the desire to continue working
towards approval of an Intergovernmental Agreement (IGA) to establish a recognized Urban Growth
Boundary area. He stated that with new information discussed,the IGA seemed to be a real possibility;and,
although the discussion was not directly related to this proposal, approval of this application does not
change the Board's intention to follow through on approval of an IGA,which should be coming up in the near
future. At Ms. Mika's request, Commissioners Geile and Jerke clarified that the motion and second does
include the removal of Appendix 22-G from the Code. 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. Code Ordinance #2004-6 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.
eing no further business, this meeting was adjourned at 9:55 a.m.
E�� BOARD OF COUNTY COMMISSIONERS
s� W DD COUNTY, \COLORADO
IS6I -7 d 0. f;ACTT a.
Y' ,I�JA/
Robert D. Masden, Chair
Weta° o Clerk to the Board
William H. rke, Pro-Tem
BY:
eputy Clerk to he Board
M. J. eile
Dav n�
Glenn Vaad
Minutes, August 18, 2004 2004-2466
Page 5 BC0016
PUBLIC WORKS DEPARTMENT
Sic 6
1111 H STREET
401 j: SSSowi" P.O. BOX 758
GREELEY, CO 80632
WEBSITE: WWW.CO.WE.CO.WELD.CO.US
' PHONE(970) 356-4000, EXT. 3750
FAX: (970) 304-6497
C. MEMORANDUM
COLORADO
DATE: August 6, 2004
TO: Pat Persichino—Director of Personnel and Purchasing
FROM: Keith Meyer, P.E. —Engineering Division Manager
THRU: Frank B. Hempen,P.E.—Public Works Director
CC: Dean Dreher
RE: 2004 Sand Seal Project—Bid Results and Recommendation
On Wednesday, August 4`h bids were opened for the 2004 Sand Seal Project. The apparent low bidder was Flat Coat
Asphalt Specialists, LLC out of Windsor, CO. This contractor has a long and colorful history working with Weld County
Public Works on both the annual Sand Seal and Crack Fill contracts. Per our previous discussions and based on the
following issues, we cannot recommend award of their bid. The issues shown below are listed in chronological order.
• In 2000 Flat Coat was the contractor for our annual Crack Fill contract. We experienced numerous problems with
their workmanship which included cracks that were completely missed and others that were not completely filled.
This required a large amount of re-work on their part and supervision from our on-site inspector. In addition, they
discarded unused crack fill material and job site trash along 2-miles of county roadway.
• In 2002 Flat Coat was awarded the Sand Seal contract. On this particular project they did not provide the required
double application of sand seal material on certain roads within the Dos Rios subdivision.
• In 2003 Flat Coat was again our contractor for the annual Crack Fill project. On this project we experienced a
contractor that was very uncooperative and again exhibited poor workmanship. We were not notified of daily work
schedules,we were not allowed appropriate access to crack fill equipment to track quantities and calculate material
yield and we were not notified when the contractor would be removing material from the Public Works facility.
Frequently, the contractor did not have appropriate traffic control in place which resulted in damage to crack fill
areas—some of which were never repaired by Flat Coat. In addition, we never received the lien waiver release
forms from them or their subcontractors and suppliers to correctly close out the construction project.
• Finally, in 2004 their latest bid includes $1.00 per location for traffic control. This amount is ridiculous and does
not compare favorably with the other bidders. In our opinion, we should reject this bid on this item alone.
Public Works is continually attempting to improve our service and the quality of work we provide to the citizens of Weld
County. We believe that Flat Coat does not support this ideal and has reinforced this stance over the past 3 years.
Therefore, we ask that Purchasing accept our recommendation to award the 2004 Sand Seal contract to the second low
bidder—Sealco Asphalt, Inc. and take steps to prevent Flat Coat from bidding on Weld County projects for a period of 5
years.
',� Miiiiiieirianec Contracts Stint] Seal,-tied,ilntcoat rejection &-r ii4.dttc
Date: August 18, 2004
To: Weld County Commissioners
From: Sharon Young
Re: 2nd AMRE 2975
I would like to be placed on the county commissioners agenda so I can present my
situation with the Recorded Exemption and the road reservation.
In March , I retained an attorney to help me through this problem. Julie Reck, Schell and
Opperman,
Julie has tried to determine the procedure and authority to whom to talk in Weld County.
She has talked with the County attorney, Lee Morrison; Public Works with Don Carroll
and Keith Meyers, and with the planners Chris Gathman and Jacqueline Hatch, and
Frederick planner Carrie McCool. Lastly she has had an extensive message in to Monica
Daniel Mica with no response.
Everyone of the above people have given us a different answer.
Lee Morrison told Julie we needed to come to the commissioners but I was told I have to
go through the Planning Dept.
A few weeks ago the Planning Dept told us the procedure was to have my surveyor
produce a CORRECTION COPY that then would be circulated to the Planners. I
received the following letter once it was submitted. Now the Planning Dept is asking me
to apply with a 3rd amended recorded exemption and take another 60 days to consider.
I do not want any changes to the plat other than have the reservation removed which is a
decision the commission apparently needs to make.
Thank you
Sharon Young
3423 WCR 20
Longmont Co 80504
Mailing address:
P.O. Box 1161
Longmont CO 80502
303 776 6910
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue,Greeley, CO 80831
WEBSITE: www.co.weld.co.us
I E-MAIL: : www.co.weld.co.us
Phone(970) 353-6100,)Ext.4 3540
W O Fax(970) 304-6498
COLORADO
August 2, 2004
Sharon Young
PO Box 1161
Longmont CO 80502
Subject: 2n° AMRE-2975
Legal: Pt SW4 Section 15, T2N, R68W
Dear Ms. Young:
The Department of Planning Services and the Department of Public Works reviewed your
request to remove the 55 foot right-of-way reservation for the future expansion of County Road
7.5 on 2n° AMRE-2975 recorded November 14, 2003. Staff has determined that you are eligible
to apply for a 3r° AMRE-2975 to redesign Lot A and Lot B to allow for a different layout. You
may request that the right-of-way reservation be removed at that time but staff will not support
that request. Staff would make it a condition that the right-of-way reservation be placed on the
plat. If you do not agree with this condition staff would set up 3rd AMRE-2975 to be heard by the
Board of County Commissioners. The Board of County Commissioners will have the final
determination.
If you have further question, please contact me at the above address or call (970) 353-6100 ext.
3540.
Sincerely,
Jacqu ' e Hatch
Planner I
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