HomeMy WebLinkAbout20043173.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 1, 2004
TAPE #200449
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado atthe regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, November 1, 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 - TARDY
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Debra S. Miller
Deputy Clerk to the Board, Carol Harding
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of October 27, 2004, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on October 27, 2004, as follows: 1) USR#1474, Gary and Carol Vander Wal; and 2)AMUSR
#991, Duke Energy Field Services, c/o Witwer, Oldenburg, Barry and Johnson, LLP, Attn: Tim Clancy.
Commissioner Jerke 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 Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2004-3173
BC0016
WARRANTS: Carol Harding, Deputy Clerk to the Board, presented the following warrants for approval by
the Board:
All Funds $312,982.65
Electronic Transfers -All Funds $1,119,121.26
Commissioner Jerke moved to approve the warrants as presented by Ms. Harding. Commissioner Geile
seconded the motion, which carried unanimously.
Let the record reflect that Commissioner Long is present.
OLD BUSINESS:
CONSIDER PETITION FOR THE ANNEXATION OF A PORTION OF WCR 33 TO THE CITY OF EVANS
AND AUTHORIZE CHAIR TO SIGN(CON'T FROM 10/27/04): Bruce Barker, County Attorney,asked the
Chair to also call up New Business Item #1. Mr. Barker reviewed the concerns the Board of County
Commissioners had with the petition for the annexation of a portion of Weld County Road 33 to the City of
Evans and stated the following memorandum of understanding addresses those concerns. There was no
public input. Commissioner Jerke moved to approve said petition. Seconded by Commissioner Vaad,the
motion carried unanimously.
NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING FOR ANNEXATION OF A PORTION OF WCR 33
TO THE CITY OF EVANS AND AUTHORIZE CHAIR TO SIGN: Responding to Commissioner Vaad, Jim
Flesher, representative for the City of Evans(City),stated said memorandum of understanding defines the
County and City responsibilities regarding the procurement and administration of a long-term road
maintenance agreement, as well as the additional annexation of Weld County Road 33 haul routes.
Commissioner Vaad moved to approve the memorandum of understanding. The motion, which was
seconded by Commissioner Geile, carried unanimously.
Let the record reflect that Lee Morrison, Assistant County Attorney, is acting as Attorney of Record.
CONSIDER MEMORANDUM OF AGREEMENT FOR AREA AGENCY ON AGING SENIOR NUTRITION
PROGRAM AND AUTHORIZE CHAIR TO SIGN-WINDSOR COMMUNITY/RECREATION CENTER:Walt
Speckman, Director of Human Services,stated the non-financial agreement allows said program to be held
at the Windsor Community/Recreation Center. Commissioner Jerke moved to approve said memorandum
of agreement. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND
TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT RE-5J:
Mr. Speckman stated the County will reimburse said school district for meals and maintenance services
and said school district will provide in-kind transportation services. Commissioner Vaad moved to approve
said purchase of services agreement. Seconded by Commissioner Jerke,the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Mr. Speckman stated the County will
reimburse said school district for meals,and reimbursement will come from the United States Department
of Agriculture. Commissioner Vaad moved to approve said purchase of services agreement. Seconded
by Commissioner Jerke, the motion carried unanimously.
Minutes, November 1, 2004 2004-3173
Page 2 BC0016
CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR WAGNER PEYSER ADJUSTMENT
FUNDS FOR BASIC LABOR EXCHANGE SERVICES AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman
stated the additional funds will be used to provide basic labor exchange services. Commissioner Vaad
moved to approve said expenditure authorization request. Seconded by Commissioner Geile,the motion
carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION REQUEST FOR WAGNER PEYSER PY04 UI RE-
EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the request for
additional funds will provide intensive services to unemployment insurance claimants. Commissioner Long
moved to approve said expenditure authorization request. Seconded by Commissioner Jerke,the motion
carried unanimously.
CONSIDER AGREEMENT FOR CERTIFIED NURSE AIDE PROGRAM AND AUTHORIZE CHAIR TO SIGN
-AIMS COMMUNITY COLLEGE: Mr.Speckman stated funding for the program is$55,000 and the monies
will assist Aims Community College expand its Nurse Aide Program. Commissioner Jerke moved to
approve said agreement. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 23 BETWEEN WCRS 22 AND 24: Frank Hempen, Jr.,
Director, Department of Public Works, stated said road closure will commence on November 1, 2004 for
five days to replace two culverts. Commissioner Geile moved to approve said closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR 26 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ROBERT LOPEZ: Don Carroll,
Department of Public Works,identified the property. Mr.Carroll stated adjacent property owners have been
notified; however, the property does involve private roads and a few adjacent property owners would not
agree with the land split. He explained the applicant was, therefore, granted access off the section line.
Responding to Commissioner Jerke, Mr. Carroll stated the required sixty feet of right-of-way exists.
Commissioner Geile moved to approve said agreement. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO WCR 47 AND
AUTHORIZE CHAIR TO SIGN-JOHN AND JOAN O'ROURKE: Mr. Hempen stated the cost of acquisition
is$1,250 and will include the removal and replacement of an existing fence. Commissioner Geile moved
to approve said easement. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN-KERR-MCGEE
ROCKY MOUNTAIN CORPORATION: Commissioner Vaad moved to approve said small tract oil and gas
lease. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE CHAIR TO SIGN-
HCA-HEALTHONE, LLC: Dave Bressler, Paramedics Services,stated the agreement allows paramedic
students from HCA-HealthOne, LLC to ride with the ambulance service at$25.00 per ride or free tuition for
paramedic students attending said institution. Commissioner Jerke moved to approve said agreement.
Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, November 1, 2004 2004-3173
Page 3 BC0016
CONSIDER AGREEMENT CONCERNING EMS SERVICES IN DESIGNATED AREA AND FOR
PROVIDING MUTUAL AID AND/OR AUTOMATIC AID AND AUTHORIZE CHAIR TO SIGN - PLATTE
VALLEY FIRE PROTECTION DISTRICT: Mr. Bressler stated there is an area on Highway 34 that is not
assigned to a fire district;and this agreement with Platte Valley Fire Protection District will provide coverage
to said area. Commissioner Jerke moved to approve said agreement. Seconded by Commissioner Geile,
the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY-THERON HOPPE: Commissioner
Jerke moved to approve said appointment. The motion, which was seconded by Commissioner Long,
carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO JUVENILE COMMUNITY REVIEW BOARD:
Commissioner Jerke moved to appoint Thomas Harbaugh and reappoint Gil Trujillo, Kristin Erwin,Angela
Rizzulto and John Cordova to said Board,with terms to expire November 1, 2007. The motion,which was
seconded by Commissioner Vaad, carried unanimously.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED FOR
DECEMBER 1, 2004: Commissioner Vaad moved to approve the cancellation. The motion, which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER SECOND READING OF CODE ORDINANCE#2004-9, IN THE MATTER OF REPEALING
AND RE-ENACTING CHAPTER 15, VEGETATION, OF THE WELD COUNTY CODE: Commissioner
Geile moved to read by title only. The motion, which was seconded by Commissioner Vaad, carried
unanimously. Lee Morrison, Assistant County Attorney, read the title into the record. Ron Broda,
Department of Public Works, stated the Ordinance clearly defines the County's and landowners'
responsibilities regarding compliance. Responding to Commissioner Geile, Mr. Broda stated the latest
changes in the State Weed Law define three weed lists, and landowners'management plans. There was
no public comment. Commissioner Geile moved to approve the second reading of Code Ordinance
#2004-9. The motion, which was seconded by Commissioner Long, carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PUD FINAL PLAT, PF
#1035- RED BARON DEVELOPMENT, LLC: Sheri Lockman, Planning Services, stated $192,380 was
being released. She explained the request for release of collateral is for site grading,culverts,electric,gas
line relocation and taxiway paving. Tracy Dyer, Department of Publics Works,stated the items listed have
been completed. Mr. Morrison clarified that the County is requesting a fully executed escrow agreement
from the title company. Commissioner Long moved to approve said partial concellation and release of
collateral for PUD Final Plat, PF #1035. Seconded by Commissioner Geile, the motion carried
unanimously.
Minutes, November 1, 2004 2004-3173
Page 4 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2004-09 was approved 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.
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: Med -:Y�
obert D. Masden, Chair
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Weld County Clerk to the Board 11861 ('� • '-�4�
illiam H. Je , Pro-Tem
Deputy Clerk tot e Board r►
M. J ile
Davi . Long
lenn Vaud
Minutes, November 1, 2004 2004-3173
Page 5 BC0016
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