HomeMy WebLinkAbout20042060 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 21, 2004
TAPE #2004-30
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, July 21, 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- EXCUSED
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, Debra S. Miller
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of July 19, 2004, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Vaad moved to read Code Ordinance #2004-7 by tape.
Commissioner Geile seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on July 19, 2004, as follows: 1) Hearing to Consider Whether Good Cause Exists to refuse to
renew the Hotel and Restaurant Liquor License-RJML, LLC, dba La Maravilla Restaurant. Commissioner
Long seconded the motion, which 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.
PROCLAMATIONS:
4-H FOUNDATION FIFTIETH ANNIVERSARY: Chair Pro-Tem Jerke read the proclamation into the record,
recognizing 4-H Foundation Fiftieth Anniversary. Weld County Fair Queen Katie Gore, Fair Attendant,
Brittany Hamilton and Fair Princess, Alexis Brettschneider, were present to receive the certificate.
2004-2060
BC0016
08-06-o y
PRESENTATIONS:
PRESENTATION OF FAIR BOOKS TO BOARD - WELD COUNTY FAIR ROYALTY: Weld County Fair
Queen, Katie Gore stated the 4-H program promotes growth, leadership and confidence in young people,
making many opportunities available to participants. Bill Frank, a founding member of the 4-H Foundation,
thanked the Commissioners for their recognition of the program.
COMMISSIONER COORDINATOR REPORTS: Commissioner Vaad read to the Board a letter of
congratulations from the Colorado Department of Human Services Food Assistance Division addressed
to Judy Griego, Director of Social Services. Ms. Griego and her staff were recognized for attaining the
lowest payment error rate for Fiscal Year 2003. The food assistance program serves over 4,000 people
within Weld County and the public has a tremendous amount of confidence in the accuracy and dedication
that Weld County employees display. Commissioner Vaad further stated that hard work and excellence
was required and Ms. Griego's staff was responsible for setting up a team leadership system to achieve
the high accuracy goal.
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board.
All Funds $1,172,277.67
Electronic Transfers -All Funds $2,353.17
Commissioner Long moved to approve the warrants as presented by Mr. Hanes. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT WHEELCHAIR LIFT FOR 4-H BUILDING - DEPARTMENT OF FINANCE: Pat Persichino,
Director of General Services, presented the three bids received. Said bids will be considered for approval
August 4, 2004. Responding to Commissioner Vaad, Mr. Persichino stated there are two different
elevators being bid. One elevator is a stair lift and the other is a compact lift that goes to the second floor.
In response to Commissioner Geile, Mr. Persichino stated the Finance Department will be recommending
the compact lift which is designed to get the County into compliance with ADA and to better utilize the
meeting rooms in the 4-H building.
PRESENT WCR 7 OVER THE ST. VRAIN RIVER- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino
presented the Quality Based Proposal and listed the fourteen vendors participating.
APPROVE ROTOMILLING FOR VARIOUS AREAS FOR 2004 BID-DEPARTMENT OF PUBLIC WORKS:
Mr. Persichino stated staff recommended acceptance of the low bid from Don Kehn Construction for
rotomilling six locations in 2004. The total bid price for all locations is $34,324.05. Commissioner Vaad
moved to approve the low bid from Don Kehn Construction, Inc. The motion, which was seconded by
Commissioner Geile, carried unanimously.
PRESENT AND APPROVE RENTAL AND OPERATION OF A ROAD RECLAIMER - DEPARTMENT OF
PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends emergency
approval of the contract with ARS Inc./Denver for the rental and operation of a road reclaimer.
Commissioner Long moved to approve the low bid of $70,329.00. The motion, which was seconded by
Commissioner Geile, carried unanimously.
Minutes, July 21, 2004 2004-2060
Page 2 BC0016
PRESENT AND APPROVE EXCAVATOR PURCHASE WITH TRADE-IN/2004 JOHN DEERE 160CLC-
DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the Department of Public Works recommends
emergency approval of the low bid of $35,594.00 from Colorado Machinery for the replacement of a
hydraulic excavator. Mr. Persichino explained it has been normal practice to contract with John Deere to
replace hydraulic excavators with trade-in. Responding to Chair Pro-Tem Jerke, Frank Hempen,
Department of Public Works stated the excavator which will be traded in has been in use for three years.
Commissioner Vaad moved to approve the sole bid from Colorado Machinery. The motion, which was
seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER FOR DISEASE SURVEILLANCE PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Trevor Jiricek, Department of Public Health and Environment, stated this task order is for arboviral
surveillance and laboratory testing. He stated these are pass-through monies from the State, originating
with the Center for Disease Control, in the amount of$58,203.00. Commissioner Vaad moved to approve
the task order and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START MEALS AND
AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this is for meals for
the Greeley area Migrant Head Start program for the term of June 1, 2004 through September 17, 2004.
Mr. Speckman further stated that ARAMARK Correctional Services, Inc., the service provider, currently
contracts with the Weld County jail. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER FIRST READING OF CODE ORDINANCE #2004-7, IN THE MATTER OF THE ADDITION
OF ARTICLE VI, PROHIBITION OF SOLICITATIONS IN OR NEAR A PUBLICLY MAINTAINED STREET,
ROAD, OR HIGHWAY, TO CHAPTER 17, PUBLIC PLACES, OF THE WELD COUNTY CODE: Bruce
Barker, County Attorney, stated this Ordinance is for the purpose of adding to the Weld County Code
prohibitions against panhandling or solicitation on Weld County roads, State highways, areas that would
be considered as rights-of-way, or wherever traffic is impeded by virtue of the solicitation or panhandling.
Mr. Barker stated Bill Wagner, Sheriff's Office, requested modifications, and he recommended that if the
Board approves this Ordinance on first reading, a representative from the Sheriff's Office be available at
the second reading to give comments. In response to Commissioner Geile, Mr. Barker stated there have
been cases regarding this type of Ordinance in the Denver/Metro area; and it is legal since it does not
prohibit an activity from occurring off the traveled portion of rights-of-way or on private properties.
Responding to Chair Pro-Tem Jerke, Mr. Barker stated this Ordinance applies to unincorporated areas
of Weld County and State statutes give the governing municipality or county the authority to regulate the
activity. He further stated the Colorado Department of Transportation had requested Weld County to
regulate and prohibit panhandling at the intersection of Highway 119 and Interstate 25. Responding to
Chair Pro-Tem Jerke, Mr. Barker reiterated that the County is not regulating signs with this Ordinance;
it is regulating the person engaging in the activity. He explained that under Section 17-5-40,the Ordinance
is referring to the solicitor entering onto the traveled portion of the road or area of the street intended for
pedestrian travel, such as a sidewalk. Commissioner Geile suggested that a work session be scheduled
to discuss this ordinance further, prior to second reading. Commissioner Vaad strongly supports this
Ordinance because of the problem developing in the 1-25 corridor, such as aggressive behavior by
panhandlers including kicking of cars, living under the bridge, and threatening of police officers and
Sheriff's deputies. Commissioner Vaad moved to approve Ordinance #2004-7 on first reading and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. The
motion was opened to public testimony. There being none, public testimony was closed.
Minutes, July 21, 2004 2004-2060
Page 3 BC0016
PLANNING:
CONSIDER REQUEST FOR EARLY RELEASE OF BUILDING PERMITS FOR TWO TEMPORARY WIND
GENERATION TOWERS - GREENLIGHT ENERGY, INC.: Sheri Lockman, Department of Planning
Services, stated the applicant's request is to place two towers at the site on a temporary basis to determine
if there is enough wind for an energy facility. Ms. Lockman stated staff is in support of the proposal as
long as the applicant is willing to remove the towers within six months or submit a completed Use by
Special Review application. Kevin Davis, Greenlight Energy, clarified the towers will only be for wind
monitoring and not generation. Mr. Davis explained Greenlight Energy is in Colorado to assess different
sites for wind generation possibilities and the site in question is in northeastern Weld County. He stated
the wind will be monitored for at least a year. Responding to Commissioner Geile, Mr. Davis stated the
company is a privately held company, located in fourteen different states, developing a nationwide portfolio
of projects. He further stated Greenlight Energy is setting up an LLC for the project in Weld County and
privately owned land has been leased. Mr. Davis stated the tower will take up approximately an acre of
land and the lease provides for Greenlight Energy to develop the property into a potential 200 to 300
megawatt facility which would cost$200 to$300 million dollars. Mr. Davis explained that preliminary data
suggests this particular site is one of the best wind resources in Colorado; however, the applicant's intent
is currently to monitor the wind with 19-foot towers. Responding to Chair Pro-Tem Jerke, Mr. Barker stated
language for the collateral and bond can be added to the Resolution. There being no public testimony,
Commissioner Vaad moved to approve said request with a modification to the Resolution to include an
escrow or bond choice to cover all removal and restoration costs. Commissioner Geile requested that the
applicant's lease be attached so that there is a tie between the lease and what the applicant is proposing
to do. Mr. Davis stated the terms of the lease are competitive and proprietary and requested that the terms
be related to the installation of the tower. Mr. Barker stated language to that effect will be added to the
Resolution. Chair Pro-Tem Jerke suggested that an additional provision of the Resolution be that this shall
not be an electrical generating windmill. Seconded by Commissioner Geile, the motion carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN AND ACCEPT
COLLATERAL FOR PF#552-WILLIAM AND DELORES ROBERTS: Kim Ogle, Department of Planning
Services, stated an Escrow Agreement in the amount of$656,552 has been received. He stated items
covered in the agreement include all infrastructure, the school district fee and the warranty collateral for
the roads for a one-year period of warranty. Mr. Ogle stated the County Attorney's office and the
Departments of Public Works and Planning Services have determined that the amount of the agreement
is sufficient to complete the project and recommends approval. Lee Morrison, Assistant County Attorney,
stated the escrow agreement provides that 80 percent of the sale price of each of the ten lots goes into
the escrow until it is fully funded. Commissioner Geile moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long , the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2004-7 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 21, 2004 2004-2060
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
A `�J %WI EXCUSED
(;
D��(/�/ Robert D. Masden, Chair
1661 `���s a,• to the Board
�O William H. ke, Pro-Tem
�� le k to he Board
� eileOki oc
David E. Long �
EXCUSED DATE OF APPROVAL
Glenn Vaad
Minutes, July 21, 2004 2004- ;060
Page 5 BC0016
Hello