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Home My WebLink About20000459.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 23, 2000 TAPE #2000-06 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, February 23, 2000, 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 Barbara J. Kirkmeyer, Chair Commissioner M. J. Geile, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall 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 MINUTES: Commissioner Baxter moved to approve the minutes of the Board of County Commissioners meeting of February 16, 2000, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. PUBLIC INPUT: There was no public input. WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $513,953.08 Electronic Transfers - All Funds $437.66 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Hall seconded the motion, which carried unanimously. 2000-0459 /Y ' j/nt4-,J, /7flCO BC0016 BIDS: PRESENT CATTLE GUARDS BID - DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of General Services, presented the two bids received. Said bids will be considered for approval on Wednesday, March 8, 2000. PRESENT 2000 STEEL BID- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino presented the seven bids received. Said bids will be considered for approval on Wednesday, March 8, 2000. PRESENT 2000 TRASH REMOVAL BID -ALL DEPARTMENTS: Mr. Persichino presented the two bids received. Said bids will be considered for approval on Wednesday, March 8, 2000. PRESENT RE-BID FOR TILT DECK/TOW-TYPE TRAILER BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino presented the two bids received. Said bids will be considered for approval on Wednesday, March 8, 2000. PRESENT RE-BID FOR CONCRETE ON CALL AND 1-1/2 INCH WASHED ROCK BID- DEPARTMENT OF PUBLIC WORKS: Mr. Persichino presented the four bids received. Said bids will be considered on Wednesday, March 8, 2000. APPROVE 2000 SLURRY SEAL PROJECT BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated the Department of Public works recommends approval of the low bid from Intermountain Resurfacing, Inc., in the amount of $838,379.45. Commissioner Vaad moved to approve said bid as recommended by staff. Seconded by Commissioner Baxter, the motion carried unanimously. NEW BUSINESS: CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 500 PERSONS FOR VARIOUS DATES AND AUTHORIZE CHAIR TO SIGN - LEAHY FAMILY FARM, LLC: Bruce Barker, County Attorney, stated the applicant has submitted one application for six separate race events, and has paid the $100.00 permit fee for a total of $600.00. He stated the Sheriff's Office has reviewed the application and all necessary documents have been submitted. In response to Commissioner Geile, Mr. Barker stated in the past there has been an issue with motor homes staying on the site the night before a race; however, the vehicles are self-contained. In response to Chair Kirkmeyer, Mr. Barker stated the $100.00 fee is for each separate permit; however, there will be only one application. Chair Kirkmeyer commented the$100.00 is for processing and since there is only one application, the applicant should not need to pay $600.00, and Commissioner Hall agreed. Commissioner Hall moved to approve said application, waive the additional permit fees, and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER OPERATING AND FINANCIAL PLAN FOR REIMBURSABLE SERVICES IN PAWNEE NATIONAL GRASSLAND AND AUTHORIZE CHAIR TO SIGN: Kim Fliethman, Sheriff's Office,stated this is an annual plan through which the Sheriff's Office is reimbursed on an hourly rate for patrols conducted by on-duty officers in the Pawnee National Grasslands. In response to Commissioner Baxter, Mr. Fliethman stated the trips are scheduled and the reimbursement time begins from the time they leave the office. Commissioner Hall moved to approve said plan and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. Minutes, February 23, 2000 2000-0459 Page 2 BC0016 CONSIDER FUNDING LETTER/FUNDING CHANGE LETTER FOR OPERATION OF ONE-STOP CAREER CENTER AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human Services, stated this change letter will expand the Governors Summer Job Hunt Program grant amount by $13,000.00 to be used for the One-Stop Career Center. Commissioner Vaad moved to approve said change letter and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT#2 FOR GOVERNOR'S SUMMER JOB HUNT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this amendment extends the performance time for Governor's Summer Job Hunt Program fora period beginning March 1, 2000, and ending August 31,2000. Commissioner Vaad moved to approve said amendment and authorize the Chair to sign. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER APPOINTMENT OF DIRECTOR FOR DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Warden recommended approval of the appoint of Mark Wallace M.D., MPH, as the Public Health Officer and Director of the Weld County Department of Public Health and Environment. Mr. Warden stated Dr. Wallace has a Masters Degree in Public Health, has been the Public Health Officer since August 18, 1993, and will be the Director of the Weld County Department of Public Health and Environment effective March 21, 2000. Commissioner Hall moved to approve said appointment. Commissioner Vaad seconded the motion. Chair Kirkmeyer commended Mr. Persichino for acting as interim Health Director. The motion carried unanimously. CONSIDER GRANT APPLICATION TO DIVISION OF CRIMINAL JUSTICE (DCJ) FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Nancy Haffner, 19th Judicial District Attorney's Office, stated this grant is for the period of one year; however, the amount awarded can then be renewed in the same amount for three additional years. Ms. Haffner stated the funds will be used to support two Community Counselor III positions in the Diversion program, and local match dollars will be generated through program fee collections in the amount of $9,100.00, plus $12,146.00 from the Weld County General fund. Commissioner Baxter moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER GRANT APPLICATION FOR TEEN PREGNANCY WORK GROUP PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Weld County Department of Public Health and Environment, stated this application is for funding for a pilot project to reduce the number of repeat teen pregnancies. The project will be operated through the joint efforts of the Weld County Departments of Social Services, Human Services, and Public Health and Environment to provide staff time for program planning, protocol development, incentives for participants, and printed educational materials. Ms. Nero stated if granted the funding will be in the amount of $5,084.00, with a term beginning March 1, 2000, and ending June 30, 2000. Commissioner Geile moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. CONSIDER APPOINTMENT TO JUVENILE COMMUNITY REVIEW BOARD:Commissioner Geile moved to appoint John Cordova to the Juvenile Community Review Board. Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER ADDENDUM TO MINING LEASE FOR BEARSON PROPERTY FOR SAND GRAVEL AND AGGREGATE AND AUTHORIZE CHAIR TO SIGN: Lee Morrison, Assistant County Attorney, stated this addendum will provide Darrell and Nelva Bearson the opportunity to use the overburden soil, which is not useful to the Department of Public Works. He explained Mr. Bearson will be required to arrange for his own contractors to remove the product at his own expense. Mr. Morrison explained Mr. Bearson will take the overburden soil to another property to be used as fill dirt for a homesite. He explained Weld County Minutes, February 23, 2000 2000-0459 Page 3 BC0016 is ready to mine the site. In response to Commissioner Vaad, Mr. Morrison stated the addendum references the Koenig Pit which is no longer owned by Weld County, but is being leased for mining. The Central Colorado Water Conservancy District owns the Koenig Pit with the exception of the home site for Mr. Bearson which was given to compensate him for an easement through his property obtained by the Water District. He further stated Mr. Bearson's right to remove material is limited to one site being mined by Weld County. Mr. Morrison stated a slurry wall on the site was misplaced and affected the boundaries of the homesite, which will require Mr. Bearson to adjust the location of the homesite and elevate the area. Commissioner Vaad moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously. CONSIDER FIRST ADDENDUM TO GOCO LEGACY PROJECT GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this is the first addendum to the Poudre Legacy Grant Agreement with several different entities, He explained Weld County received money under the first agreement, and although the County will not be receiving money under this addendum it needs to be signed by all parties involved. Commissioner Vaad moved to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),ACCEPT COLLATERAL,AND AUTHORIZE CHAIR TO SIGN - ROBERT AND JANET WINTER: Kim Ogle, Department of Planning Services, stated the Weld County Departments of Public Works, Planning Services, and the County Attorney's Office have reviewed and recommend approval of the Improvements Agreement and the Letter of Credit in the amount of$47,200.00. Commissioner Baxter moved to approve said agreement, accept collateral, and authorize the Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously. PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW (SUP #454) - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL, INC. (CON'T FROM 02/24/99):Trevor Jiricek, Weld County Department of Public Health and Environment, stated staff recommends this matter be continued for one year. He stated HS Resources and Amoco have finished the required cleanup under the EPA order and are no longer at the site; however, they have committed to conduct maintenance and groundwater monitoring for the period of one year. He further stated the wastes that were removed under the Superfund Action have been removed and the site will be closed next week. Mr. Jiricek stated the outstanding issues involve the long-term maintenance and care of the site under the Solid Wastes Act, groundwater issues, and financial assurance. He stated the Weld County Department of Public Health and Environment is working with the State to enforce the authority available under the Solid Wastes Act. In response to Commissioner Geile, Mr. Morrison stated under the Solid Wastes Act the future maintenance of the site is the responsibility of the land owner and operator. He stated the previous EPA action had a broader responsibility which resulted in HS Resources and Amoco being involved. In response to Chair Kirkmeyer, Mr. Jiricek stated the physical work will be done by the end of the year; however, it is uncertain whether Howard Duckworth, owner, will assume responsibility for the site. Chair Kirkmeyer commented it would be better to have the issues resolved by the end of the year before three new commissioners are elected. Mr. Morrison suggested continuing the matter to the end of the year and review whether it would be appropriate to remove it from the docket. In response to Commissioner Baxter, Mr. Jiricek stated the main long-term concern is with the chlorinated solvents being released from the site, which the oil companies are not responsible for under the EPA. Mr. Jiricek stated it may be possible to discuss the future use of the property as open space if maintained by a company or entity. Commissioner Vaad moved to continue said probable cause hearing to December 11, 2000, at 9:00 a.m. Seconded by Commissioner Baxter, the motion carried unanimously. Minutes, February 23, 2000 2000-0459 Page 4 BC0016 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. There being no further business, this meeting was adjourned at 9:35 a.m. BOARD OF COUNTY COMMISSIONERS WW L� COLORADO ATTEST: � ��¢ 4,JI /� ,Abt C ' `� Barbara J. rkmeyer, C air Weld County Clerk to the B0�gdl f4jJ t � ti i sW M. J. e e, ro-Tem BY: "�'r n Deputy Clerk to the Board f orge . Baxter Dale K. Hall EXCUSED DATE OF APPROVAL Glenn Vaad Minutes, February 23, 2000 2000-0459 Page 5 BC0016 Hello