HomeMy WebLinkAbout20030101.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 6, 2003
TAPE #2003-01
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, January 6, 2003, 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 M. J. Geile - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
ELECTION OF CHAIR: Commissioner Masden moved to elect Commissioner David E. Long as Chair for
2003. Commissioner Jerke seconded the motion, which carried unanimously.
ELECTION OF CHAIR PRO-TEM: Commissioner Jerke moved to elect Commissioner Robert D. Masden
as Chair Pro-Tern for 2003. Commissioner Vaad seconded the motion, which carried unanimously.
ASSIGNMENTS:Commissioner Jerke moved to approve the Commissioner Coordinator assignments for
2003, as listed in the draft Resolution. Commissioner Vaad seconded the motion, which carried
unanimously.
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of December 30, 2002, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2003-0101
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $947,855.34
Electronic Transfers -All Funds $962,247.18
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER RESOLUTION RE: SCHEDULING OF REGULAR MEETINGS OF THE BOARD FOR 2003:
Commissioner Vaad moved to approve said Resolution. Commissioner Jerke seconded the motion,which
carried unanimously.
CONSIDER RESOLUTION RE: AUTHORIZE PUBLICATION OF PROCEEDINGS FOR 2003:
Commissioner Masden moved to approve said Resolution. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER RESOLUTION RE: DESIGNATION OF PARTICULAR PUBLIC PLACE FOR POSTING OF
PUBLIC NOTICES: Commissioner Jerke moved to approve said Resolution. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER M. J. GEILE TO CERTAIN ADVISORY BOARDS:
Commissioner Masden moved to approve said Resolution. Commissioner Vaad seconded the motion,
which carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER WILLIAM H. JERKE TO CERTAIN ADVISORY
BOARDS: Commissioner Vaad moved to approve said Resolution. Commissioner Masden seconded the
motion, which carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER DAVID E. LONG TO CERTAIN ADVISORY BOARDS:
Commissioner Masden moved to approve said Resolution. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER ROBERT D. MASDEN TO CERTAIN ADVISORY
BOARDS: Commissioner Vaad moved to approve said Resolution. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER APPOINTMENT OF COMMISSIONER GLENN VAAD TO CERTAIN ADVISORY BOARDS:
Commissioner Masden moved to approve said Resolution. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - JAMES HEIRD AND PATRICIA
KVAMME-HEIRD:Michael Sampson,Assessor's Office,stated the 2002 land valuation was lowered during
the appeal process,and he recommends approval of this abatement to make the 2001 valuation consistent
with 2002. Commissioner Vaad moved to approve said petition. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RALPH BASHOR: Mr. Sampson
stated the petitioner appealed in 2002 and adjustments were made to the property valuation based on the
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irregular shape and size of the parcel, therefore, staff recommends this abatement be approved for 2001
for consistency. Commissioner Masden moved to approve said petition. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -JOHN AND BARBARA GAMBLE,
JR.: Mr. Sampson stated this property is located in the Frederick Business Park, and the valuation was
adjusted in 2002 based on appraisal and income information. He recommended approval of this petition
for 2001 to provide consistency on the account. The motion was made by Commissioner Masden and
seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-WILLIAM AND JEAN BROMLEY,
JR.: Mr. Sampson stated the petitioner provided adequate proof of an agricultural use, therefore, staff
recommends approval of this petition. Commissioner Jerke moved to approve said petition. The motion
was seconded by Commissioner Vaad, and it carried unanimously.
CONSIDER TASK ORDER OPTION TO RENEW LETTER #2 FOR IMMUNIZATION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Weld County Department of Public Health
and Environment, stated under this renewal option the County will receive$47,387 to provide community
education pertaining to the rules for immunization of students attending school, as well as infants.
Commissioner Vaad moved to approve said task order option to renew letter and authorize the Chair to
sign. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR USE BY SPECIAL
REVIEW PERMIT#1360 AND AUTHORIZE CHAIR TO SIGN-LAFARGE WEST, INC.: Drew Scheltinga,
Department of Public Works,stated this and the following item of business are related to the LaFarge West
Heaton Concrete Ready Mix Plant. He gave a brief description of the location of the site,and stated under
these agreements LaFarge will maintain Weld County Road 7 between the site entrance and State
Highway 119. He further stated this will include patching damage created as a result of the haul route,and
they will also participate in reconstruction projects proportional to their traffic generation. In response to
Commissioner Jerke, Mr. Scheltinga stated following work session discussions, the plant was relocated
to the southwest corner of the intersection at Road 7 and State Highway 119. Commissioner Vaad moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER ROAD SIGNALIZATION AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT #1360
AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC.: Mr. Scheltinga stated this agreement
provides for the construction of a traffic signal on State Highway 119 at Weld County Road 7. He stated
LaFarge will pay$100,000,with Weld County paying the balance of the cost, in the amount of$230,000.
Mr. Scheltinga stated LaFarge has also agreed to hire and pay Felsburg, Holt, and Ullevig to design the
signal, with a cost of $33,000. Weld County will coordinate and provide the review process with the
Colorado Department of Transportation (CDOT) for construction and installation, with CDOT managing
the construction and installation. In response to Commissioner Vaad, Mr. Scheltinga stated CDOT
prioritizes the installation of signals,and based on certain data,there are many other signals in this district
that are a higher priority;however,this location does meet the necessary warrants. He further stated Weld
County can anticipate to recoup the costs through the revenue generated in the area from future land use
applications that generate traffic at this location. He further stated CDOT will own and maintain the signal.
Commissioner Jerke commented he feels the priority should be elevated when a local agency and private
user have offered to contribute to the overall cost. Mr. Scheltinga stated this issue has been discussed;
however, there are many large developers who are willing to pay the cost in full and, therefore, they
continue to receive the higher priority. He further stated LaFarge's traffic generation is only about 20
percent of the impact, so they are not as likely to receive a reimbursement in the future. Commissioner
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Vaad moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded
by Commissioner Masden, carried unanimously.
CONSIDER DISBURSEMENT CERTIFICATE FROM ESCROW AGREEMENT #13685400, DATED
AUGUST 30,2002,AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC,
CIO CALPINE CORPORATION: Mr. Scheltinga stated the Board previously approved three agreements
with Rocky Mountain Energy Center, LLC, for grading and paving Weld County Road 51, providing
maintenance and dust control,as well as signalization at the Burlington Railroad crossing. Mr. Scheltinga
explained each agreement also had an Escrow Agreement established, and this is the first request for a
disbursement from the escrow fund. He stated staff is also requesting the Board authorize the Chair to
sign all future Disbursement Certificates related to these particular agreements. In response to
Commissioner Vaad, Mr. Barker stated the disbursement must be based on a recommendation of the
Department of Public Works and a review by the County Attorney's Office. Commissioner Jerke stated
he is opposed to authorizing all future signing. He stated this is a large corporation which has had financial
issues in the past, therefore, he would like to observe how the process works over the next several years
and how the money is spent. Mr. Warden stated the Board meets twice a week, therefore, individual
review of future disbursement certificates will not create an undue delay. Commissioner Masden and Chair
Long indicated they concur with Commissioner Jerke's comments. Commissioner Vaad moved to approve
the Disbursement Certificate from Escrow Agreement #13685400, in the amount of $18,825.00.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR INTERPRETATION/TRANSLATION SERVICES FOR JUVENILE
DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN - PATRICIA FIORE SPROCK, DBA
SENDAS COMMUNICATIONS, LLC: Nancy Haffner, District Attorney's Office, stated this will renew an
annual contract with Patricia Fiore Sprock, dba Sendas Communications, LLC, who provides Spanish
interpretation services for the Juvenile Diversion Program. Ms.Haffner stated the agreement also provides
for an alternate interpreter in the event Ms. Sprock is unavailable. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF AN ADVANCE OF FUNDS
TO THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden explained the North Front Range Transportation and Air
Quality Planning Council (MPO) receives all of the Federal transportation funds through CDOT on a cost
reimbursement basis. He stated over the years the City of Fort Collins has been advancing most of the
funds, in the amount of approximately$2.5 million. Mr. Warden stated there has been an effort to try and
create a more independent MPO, which is less dependent on Fort Collins and also involves the other
members of the MPO including Larimer and Weld Counties, and the Cities of Loveland and Greeley. Mr.
Warden stated Larimer and Weld Counties have agreements to advance $150,000 each, the City of Fort
Collins would continue to advance$100,000, and Loveland and Greeley are still under consideration. He
further stated any accrued interest on unspent funds will be reimbursed to the MPO members on a
quarterly basis. Responding to Commissioner Jerke, Mr.Warden stated this will act as a loan to the MPO
until Federal funding is received, at which time the advance would be repaid. Commissioner Vaad moved
to approve said agreement and authorize the Chair to sign. Commissioner Masden seconded the motion,
which carried unanimously.
CONSIDER APPOINTMENT OF DELEGATE TO REPRESENT WELD COUNTY AT ANNUAL MEETING
OF LUPTON BOTTOM DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN PROXY:Mr.Barker stated
Lee Morrison, Assistant County Attorney, has already been delegated as Proxy to attend the Lupton
Meadow Ditch Company meeting, which will be conducted prior to the Lupton Bottom Ditch Company
meeting, therefore, he recommends he also be delegated as Proxy for this matter. Mr. Barker explained
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a representative from the Applegate Group will also be in attendance on a consulting basis. Commissioner
Vaad moved to approve said appointment and authorize the Chair to sign the Proxy. Commissioner Jerke
seconded the motion, and it carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1329-LOVELAND READY MIX CONCRETE,
INC.: Robert Anderson, Department of Planning Services, stated staff recommends the initial collateral,
in the amount of$237,448.00 be released,and that the Board accept replacement collateral, in the amount
of$12,000. In response to Commissioner Jerke, Don Carroll, Department of Public Works, stated the site
is located at Weld County Roads 54 and 13. He further stated 15 percent, in the amount of$12,000, will
be retained for one year to ensure the work before a complete release is requested. Commissioner Jerke
moved to approve said cancellation and release, with acceptance of replacement collateral for Use by
Special Review Permit#1329 for Loveland Ready Mix Concrete, Inc. Commissioner Vaad seconded the
motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR COALBANK CREST PLANNED
UNIT DEVELOPMENT FINAL PLAN, S #541 - JIM AND BONNIE BATES: Mr. Anderson stated all
transportation and non-transportation items have been completed and staff recommends a full release of
collateral, in the amount of$104,000. Mr. Carroll stated this is a paved subdivision, which will be placed
on County system for full maintenance. Commissioner Jerke moved to cancel and release said collateral,
in the amount of$104,000,for Coalbank Crest Planned Unit Development Final Plan, S#541, for Jim and
Bonnie Bates. The motion was seconded by Commissioner Masden, and it carried unanimously.
PROBABLE CAUSE HEARING FOR AMENDED USE BY SPECIAL REVIEW PERMIT #820 - KERBS
DAIRY/FIRST COMMERCIAL BANK(CON'T FROM 06/24/2002):Commissioner Long recessed the Board
of Commissioners meeting to consider business under the Board of Social Services. Upon reconvening,
Cindi Etcheverry, Department of Public Health and Environment, gave a brief description of the location
of the site and stated the case was initiated as a result of a preliminary discharge, subsequent discharges
that have been verified. She stated at the previous hearing the matter was continued to allow the applicant
adequate time to complete various items requested by staff. Ms. Etcheverry stated as of December 31,
2002, the site operator has submitted a plan to eliminate future similar discharges, constructed additional
diversions into the retention structures,which were also reflected in the Waste Water Management plan.
Ms. Etcheverry reference a memorandum indicating the remaining issues which need to be addressed,
marked Exhibit D,and requested this hearing be continued for 60 days to allow the site operator additional
time to complete the requested actions. The Board indicated concurrence with this request. Tom Haren,
AgPro Environmental Services, LLC, stated he has no concern with the 60-day continuance; however, he
explained they submitted a General Discharge Permit Application on August 26, 2002, and they have no
control over how long the review takes at the State. Chair Vaad moved to continue the Probable Cause
hearing for Amended Use by Special Review Permit #820 for Kerbs Dairy/First Commercial Bank to
Monday, March 10, 2003, at 9:00 a.m. Commissioner Jerke seconded the motion, which 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.
Minutes, January 6, 2003 2003-0101
Page 5 BC0016
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There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
ATTEST: Mid E.t.a v'nL ng, h
Weld County Clerk to the B++�d y
f
p� ,Cj„ � R bed D. Masden, Pro-Tern
BY: p;. A,
Deputy Clerk to the Boar.��v;J EXCUSED
♦ �� M. J. Geile
William H. Jer" k
S
Glenn Vaad )
Minutes, January 6, 2003 2003-0101
Page 6 BC0016
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