HomeMy WebLinkAbout20011437.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 30, 2001
TAPE#2001-23
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, May 30, 2001, 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, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of May 23, 2001, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on May 23, 2001, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit #1316, Hall-Irwin Corporation. Commissioner Long seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA:The following was added under New Business as follows: 12)Consider Letter
re: Draft Environmental Assessment for the Noxious Weed Management Plan on the Arapaho and
Roosevelt National Forests and Pawnee National Grassland [2001-1434].
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
COLORADO RECYCLING MONTH-JUNE 2001: Chair Geile read the certificate proclaiming June 2001,
as Colorado Recycling Month. Staci Datteri-Frey, Weld County Department of Public Health and
Environment, thanked the Board for its support and invited the Commissioners to participate in the events
sponsored by the Weld County Department of Public Health and Environment. Commissioner Vaad stated
the existing contract for the new Southwest Weld County Service Building has been amended to provide
recycling bins, and future contracts will be expected to do the same to help reduce landfill bulk.
2001-1437
BC0016
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
WARRANTS: Carol Harding, Department of Finance and Administration,presented the following warrants
for approval by the Board:
All Funds $958,848.47
Electronic Transfers - All Funds $3,101,972.65
Commissioner Vaad moved to approve the warrants as presented by Ms. Harding. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there are no bids to present.
APPROVE LAUNDRY-UNIFORM BID-VARIOUS DEPARTMENTS: Persichino stated the sole bidder for
the Ambulance Department is American Linen, in the amount of$7,303.40; the low bidder for Buildings
and Grounds is Cinta's, in the amount of $29,374.80; the low bidder for the Sheriffs Office is G & K
Services, in the amount of$4,638.00; and the low bidder for mats for various departments is American
Linen, in the amount of$806.00. Commissioner Vaad moved to approve the low bids as recommended
by staff. Commissioner Jerke seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 63 AND AUTHORIZE CHAIR TO SIGN - ROCKY AND SUSAN
PETERSON: Chair Geile commented this matter was continued from May 23, 2001, to allow for further
consideration of the factors involved and additional time for the community to resolve the issue. Monica
Mika, Director of Planning Services, gave a brief description of how the various parcels and easements
in the area were created. Responding to Commissioner Vaad, Ms. Mika and Don Carroll, Department of
Public Works, indicated the portion right-of-way vacated in 1945 is located between sections 29 and 30,
and the vacation was recorded. (Switched to Tape#200-24) Mr. Carroll stated the right-of-way between
Sections 31 and 32 still exists and there is a 40-foot easement which overlaps the right-of-way.
George Ottenhoff, attorney, stated the Petersons are requesting the right to use the public access and
improve it for their use.
Theresa Williams, surrounding property owner, stated she spoke with Bill Vanoy, Director of the local
school district, who indicated the road will have to be maintained and brought up to standards to be
accepted for use. She added Diane Olson is a bus driver who indicated concern with opening additional
roads when the existing roads are not well maintained.
Steve Armknecht, surrounding property owner, thanked the Board of Commissioners, particularly
Commissioner Long, for trying to help resolve the problem. Mr. Armknecht expressed concern with
opening the road if there is a chance the school district will not use it, and he requested the Petersons
relocate the fencing and install necessary cattle guards prior to doing any dirt work. He stated it is
uncertain how long the project will take due to the uneven terrain, and he requested Weld County review
the road to ensure it is built to County standards and no damage has been done to the existing telephone
Minutes, May 30, 2001 2001-1437
Page 2 BC0016
poles. Mr. Armknecht added there are other adjacent property owners who do not want the road opened,
and he anticipates future conflicts. There being no further comments, Chair Geile closed public testimony.
Commissioner Long thanked those involved for working on a solution to this situation. He stated the
community will have to make an effort at cooperating on this issue in the future. Commissioner Long
stated he spoke with Mr. Vanoy, who indicated the bus will travel on a private road if it is safe and built to
suitable standards,with room for two vehicles to pass and all-weather clearance. He stated if this request
is approved, the Petersons will need to open the road to school district standards if they expect them to
travel on it.
In response to Commissioner Jerke, Mr. Carroll stated the Department of Public Works asked for a
reasonable road; however,that does not imply that it must be built to County standards. Mr. Barker stated
the agreement indicates the roadway needs to be improved to meet the Petersons' needs. He further
stated paragraph #2.c addresses cattle guards for County standards, with periodic cleaning; however,
there is no provision for placement of fences or cattle guards prior to dirt work being done. Commissioner
Jerke commented the Petersons will be liable for causing damage or allowing animals to roam outside of
their fences during construction. In response to Commissioner Vaad, Mr. Barker stated there is no State
Statute to keep animals in, but if an animal is hit by a vehicle, the owner of the animal is liable because
they should have adequate fencing to keep animals off the roadway.
Commissioner Jerke moved to approve the Nonexclusive License Agreement with Rocky and Susan
Peterson and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried
unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START PROGRAM AND
AUTHORIZE CHAIR TO SIGN-MESABILITY,DBA GRAND VALLEY TRANSIT: Walt Speckman,Director
of Human Services,stated under this agreement, MesAbility will transport migrant children at a reasonable
rate per mile, and the Transportation Committee recommends approval. Commissioner Vaad moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER GRANT AGREEMENT FOR EMPLOYMENT AND TRAINING PROGRAMS UNDER THE
WORKFORCE INVESTMENT ACT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the
Workforce Development Board recommends approval, and although the allocation process is still being
conducted, they want to get the amounts in place, for a term beginning July 1, 2001, and ending June 30,
2004. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Commissioner Vaad seconded the motion, which carried unanimously.
CONSIDER 2001 ANNUAL AGING PLAN AND BUDGET AND AUTHORIZE CHAIR TO SIGN: Mr.
Speckman stated the Area Agency on Aging recommends approval of this plan and budget to allow
contracting of activities for the next year. Mr. Speckman stated most of the programs are provided by
various agencies as indicated in his memorandum, dated May 16, 2001. Commissioner Masden moved
to approve said plan and budget and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR PLAYGROUND EQUIPMENT FOR
JEFFERSON AND GRAND JUNCTION SITES AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated
the funds received from this application will be used to improve playgrounds to meet current rules and
codes. Responding to Commissioner Vaad, Mr. Speckman stated he will send a letter to the audit agency
to inform them that their comments regarding the equipment have been addressed. Commissioner Vaad
Minutes, May 30, 2001 2001-1437
Page 3 BC0016
moved to approve said application and authorize the Chair to sign. The motion was seconded by
Commissioner Long, and it carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR PLAYGROUND EQUIPMENT FOR
BILLIE MARTINEZ AND MADISON SITES AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this
application will provide funds improvements to playground equipment at the Billie Martinez and Madison
school sites in Greeley, Colorado. Commissioner Masden moved to approve said application and
authorize the Chair to sign. Commissioner Long seconded the motion. In response to Commissioner
Jerke, Mr. Speckman stated the District 6 playground equipment needs to be modified to meet needs of
younger Head Start children. He stated District 6 will still own the property, and they will just be installing
the equipment for younger children for a safer play area. The motion carried unanimously.
CONSIDER APPLICATION FOR 2001 HEAD START SERVICES FOR CHILDREN AND FAMILIES IN
HUDSON, COLORADO AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the Hudson School
District received three additional elementary sites through a bond issue and is proposing a plan; however,
they need funds for the Head Start program. Commissioner Vaad moved to approve said application and
authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER APPLICATION FOR 2001 HEAD START SERVICES FOR CHILDREN AND FAMILIES IN
NORTHERN COLORADO AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated Representative
Schaffer proposed the need for starting Head Start programs in northern Colorado. Responding to
Commissioner Masden, Mr. Speckman stated they will work with a non-profit child care center in Ault,and
will enter into a formal agreement once the funds are granted. Commissioner Long moved to approve said
application and authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad,
carried unanimously.
CONSIDER APPLICATION FOR MIGRANT/SEASONAL HEAD START AND AUTHORIZE CHAIR TO
SIGN: Mr. Speckman stated the Parent Policy Council recommends approval of this application to receive
funding for next year's Migrant/Seasonal Head Start Program. Commissioner Long moved to approve said
application and authorize the Chair to sign. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
CONSIDER RECOMMENDATION FOR APPOINTMENT OF C. J. ARCHIBEQUE TO JUVENILE
SERVICES PLANNING COMMITTEE:Commissioner Masden moved to recommend that C.J.Archibeque
be appointed to the Juvenile Services Planning Committee. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER AGREEMENT FOR FINAL DESIGN AND CONSTRUCTION OF SAND STORAGE
STRUCTURES IN BRIGGSDALE,JOHNSTOWN,AND GILL,COLORADO AND AUTHORIZE CHAIR TO
SIGN-LANDMARK BUILDERS OF GREELEY, INC.: Pat Persichino, Director of General Services, stated
this is part of the capital plan for two sand/salt storage structures in Johnstown and Briggsdale, in the
amount of $60,870.00, as well as one two-bay grader shed in Gill, in the amount of $124,930.00. Mr.
Persichino stated Landmark Builders of Greeley, Inc., built the Public Works Service Center, and is the
local representative for Butler Buildings. In response to Commissioner Masden, Mr. Persichino stated
Landmark Builders of Greeley, Inc., are the only vendors with Butler Buildings located in this area, and he
recommends approval to maintain consistency in design. He stated the sheds are three-sided structures
for storage of road materials and the salt/sand mixture which cannot be exposed to seasonal elements.
Commissioner Masden moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
Minutes, May 30, 2001 2001-1437
Page 4 BC0016
CONSIDER CONSENT OR OBJECTION TO EXCEPTION LOCATION WELL AND AUTHORIZE CHAIR
TO SIGN-PATINA OIL AND GAS CORPORATION:Lee Morrison,Assistant County Attorney,stated Weld
County is one of the mineral owners on an existing well. He gave a brief description of the location, and
stated under the Oil and Gas Commission rules the County must consent to allowing an exception location
which is 77 feet closer to the County's interest. Mr. Morrison referred to a sketch, marked Exhibit A,
showing the new location, and stated since the County has small interest he recommends consent to the
exception location. In response to Commissioner Masden, Mr. Morrison stated the location would be at
least 400 feet from the section line and would still meet the minimum setbacks since this is not a high
density area. He further stated the site will be 200 feet from the closest development, and drilling in the
allowed window would be even closer to the surrounding homes to the south. Responding to Chair Geile,
Mr. Morrison stated the surface owner is also the mineral owner, and it is not likely that the surrounding
property owners are aware of the request. In response to Commissioner Jerke, Mr. Morrison stated the
County owns 1.5 mineral acres, which he suspects is the road right-of-way; however, it is not even clear
if the County can own minerals under the roads. He stated the Division Order has not been challenged
and so they can assume the County owns the mineral rights. Mr. Morrison further stated the agreement
states the County will not object to taking resources out from under the existing well. Commissioner Vaad
moved to consent to the exception location well for Patina Oil and Gas Corporation. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER LETTER RE: DRAFT ENVIRONMENTAL ASSESSMENT FOR THE NOXIOUS WEED
MANAGEMENT PLAN ON THE ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE
NATIONAL GRASSLAND : Commissioner Jerke explained the U.S. Service is deciding to control noxious
weeds on properties in national forests and lands. He stated this is of County interest because it will help
prevent the spread of noxious weeds in the Pawnee Grassland and in mountain watersheds. He further
stated this will benefit the private sector and neighbors through active control of the noxious weeds.
Commissioner Jerke moved to approve drafting a letter to the Pawnee National Grassland indicating the
Board's support and appreciation for the Environmental Assessment of the noxious weeds. Commissioner
Masden seconded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR#345, FOR A MACHINE SHOP(FABRICATION OF PRECISION-MACHINED
PARTS AND PRODUCTS)-WELLBORN MACHINING, INC.: Robert Anderson, Department of Planning
Services, stated Wellborn Machining, Inc., has provided a Standby Irrevocable Letter of Credit, in the
amount of$70,000.00. Mr.Anderson stated the Departments of Planning Services and Public Works,and
the County Attorney's Office have reviewed the amount, which is found to be adequate for the proposed
improvements. Mr. Carroll stated the site is located in the Vista Commercial Center, and he recommends
approval of the proposed on-site improvements. Commissioner Jerke moved to approve said agreement
and accept the collateral for Site Plan Review, SPR #345, for Wellborn Machining, Inc. Commissioner
Masden 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, May 30, 2001 2001-1437
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
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Minutes, May 30, 2001 2001-1437
Page 6 BC0016
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