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Home My WebLink About981297.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 29, 1998 TAPE #98-20 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 29, 1998, 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 Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer 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 Webster moved to approve the minutes of the Board of County Commissioners meeting of July 27, 1998, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ADDITIONS TO AGENDA: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Hall 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 $174,100.25 Commissioner Kirkmeyer moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. 981297 BC0016 Cc a `" BIDS: PRESENT BIDS: Mr. Warden stated there are no new bids to present. APPROVE COURTHOUSE SECURITY BID-FINANCE DEPARTMENT(CON'T FROM 07/22/98): Mr. Warden stated Pat Persichino, Director of General Services, met with the low bidder and requested the Board reject these bids and rebid with better specifications. He added the current provider will extend their services until a new bid is accepted. Commissioner Baxter moved to reject said bids and rebid for Courthouse Security. Seconded by Commissioner Hall, the motion carried unanimously. BUSINESS: NEW: CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START AND AUTHORIZE CHAIR TO SIGN -LAIDLAW TRANSIT, INC.: Walt Speckman, Director of Human Services, stated Laidlaw Transit, Inc., will provide transportation services to Migrant Head Start eligible children at the Clifton and Olathe Centers. Laidlaw will be reimbursed $1.24 per mile and $11.18 per hour of travel time. Mr. Speckman stated Laidlaw will also provide gas and maintenance for the Parent Involvement Van at$1.18 per gallon and $40.00 per hour spent on maintenance. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR EARLY CHILDHOOD SPECIAL EDUCATION SERVICES AND AUTHORIZE CHAIR TO SIGN - VIRGINIA STEVENSON: Mr. Speckman stated this is an agreement with Virginia Stevenson to provide early childhood special education services to Migrant Head Start eligible children at the Clifton and Olathe Centers. She will be paid $32.50 per hour and $10.00 per hour of travel time. Commissioner Hall moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR SPEECH/LANGUAGE SERVICES AND AUTHORIZE CHAIR TO SIGN - CHRIS TUTHILL: Mr. Speckman stated this is an agreement with Chris Tuthill to provide speech and language services and therapy to Migrant Head Start eligible children at the Clifton and Olathe Centers. Mr. Tuthill will be paid $30.00 per hour for therapeutic services and $10.00 per hour of travel time. Commissioner Webster moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER HEALTH DEPARTMENT APPLICATION FOR SMART GROWTH PROGRAM: Robin Newbrey, Health Department representative, stated this application is requesting $65,000 to measure solid waste and waste diversion in Weld County due to the growing population. Ms. Newbrey stated the funds will also help pay a .75 Environmental Specialist for approximately 17 months to implement a survey, analyze and report on the results, and hold discussions with elected officials and involved individuals. She further stated there is a 25 percent non-cash match which will be covered through in-kind resources such as office overhead, office supplies, materials, and staff time. Commissioner Baxter moved to approve said application. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, July 29, 1998 981297 Page 2 BC0016 CONSIDER AREA TRAUMA ADVISORY COUNCIL(ATAC)BIENNIAL PLAN: Commissioner Kirkmeyer stated this plan has been reviewed and moved to approve. Seconded by Webster, the motion carried unanimously. CONSIDER THREE SETTLEMENT AGREEMENTS AND RELEASE OF ALL CLAIMS -WYMER: Bruce Barker, County Attorney, explained this settlement agreement is awarding $13,000 to be divided between the various plaintiffs. Weld County will receive five percent of the total amount. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Webster, the motion carried unanimously. CONSIDER SUBCONTRACT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - EDAP: Mr. Warden recommended approval of this agreement concerning EDAP's administration of our latest CDBG Contract. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER CONTRACT FOR SMART GROWTH GRANT AND AUTHORIZE CHAIR TO SIGN -REGIONAL TRANSPORTATION SYSTEM: Mr. Warden said the State is awarding a $50,000 grant for Weld County to conduct a study of transportation systems to serve rapidly growing area of the County, specifically southwest Weld County and the Windsor area. Commissioner Kirkmeyer moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Hall, the motion carried unanimously. PLANNING: MINOR RESUBDIVISION,S#465,TO CONSIDER VACATION OF RIGHT-OF- WAY - TOWN OF BRIGGSDALE: Scott Ballstadt, Department of Planning Services representative, stated the Utilities Coordinating Advisory Committee moved to continue this matter to August 27, 1998. Mr. Ballstadt requested the Board continue this matter to September 2, 1998, following the Utilities Coordinating Advisory Committee recommendation. Commissioner Webster moved to continue Minor Resubdivision#465 to September 2, 1998, at 9:00 a.m. Seconded by Commissioner Baxter, the motion carried unanimously. CONSIDER RECORDED EXEMPTION #2225, BRUNELLO (CON'T FROM 07/08/98): Julie Chester, Department of Planning Services representative, gave a brief description of the location of Recorded Exemption (RE) #2225, and recommended denial. Ms. Chester stated Section 17 had one owner one year ago; however, the west half of the section has since been divided into RE#2119 and RE#2211, and the east half is proposed to be divided into three eighty-acre parcels, all in addition to this Recorded Exemption. John Nelson, applicant, displayed various overhead maps, marked Exhibit 20, and explained after he and Tom Smith, co-applicant, purchased the east half of Section 17. Mr. Nelson purchased Lot 3, they sold Lot 1, Mr. Smith owns Lot 2, and Lot 4 is owned by Brunello, LLC, as proposed RE #2225. Mr. Nelson stated he is in the process of building a house on Lot 3 and added he was opposed to the approval of RE #2119 and RE#2211, owned by Patty Deplazes and Greg Reeves. Mr. Smith stated there are well permits for both Lots A and B of RE #2225, and requested an alternate access be granted to allow access to both sides of a wash which runs through Lot A. He stated one access will be residential and the other agricultural, and added he and Mr. Smith are willing to pay for 22 percent of the improvements on Weld County Road 17; however,they have not had a response Minutes, July 29, 1998 981297 Page 3 BC0016 from Ms. Deplazes and Mr. Reeves regarding their offer. Responding to Chair Harbert and Commissioner Hall, Mr. Nelson stated he and Mr. Smith will bring Weld County Road 104 to County standards, and Weld County Road 17 is an improved County Road. In response to Commissioner Kirkmeyer, Mr. Nelson explained his letter, Marked Exhibit 19, expressed opposition to RE #2211 due to the clustering type of development which will not be conducive to the rural atmosphere, and stated he and Mr. Smith purchased the property last December. Commissioner Baxter commented that he visited the area which is planted with unharvested wheat, and structures have been built. In response to Commissioner Webster and Chair Harbert, Mr. Nelson stated the wells are 600- 650 feet deep, and he intends to plant grass on Lot 3 for grazing Long Horn cattle. Responding to Commissioners Kirkmeyer and Webster, he explained the application is incorrect and there was a late wheat crop planted. He added the draw is usually dry and planted; however, during the wet season water does flow through the property. In response to Commissioner Baxter, Mr. Nelson stated each individual parcel owner will decide whether the land will be farmed and responding to Chair Harbert, he stated the owners of Lots A and B will have individual easements to their properties which they will be responsible for maintaining. Patty Deplazes, surrounding property owner, requested Brunello, LLC, pay for one-third of the total expense of road improvements. In response to Commissioner Hall, Ms. Deplazes stated she is not sure what the total cost will be and her contractor has not given an estimate. Following discussion Don Carroll, Department of Public Works representative, requested the road be improved with two inches of gravel base, 18 feet wide. He stated the total cost will depend on the contractor, gravel cost, and the initial condition of the road. Mr. Carroll stated gravel costs between $8.50 and $10.00 per ton and estimated the improvements will cost between $10,000 and $30,000. Commissioner Kirkmeyer stated the Ms. Deplazes, owner of RE #2211, originally agreed to improve the entire length of the section to Weld County standards. Commissioner Hall stated there are a total of eight lots and Brunello's two lots account for 25 percent of the usage; however, Brunello could pay for the entire length of Lot B rather than midway to the driveway. Mr. Nelson stated it will cost approximately $20,000 per mile and agreed to pay for 25 percent of the improvements. In response to Chair Harbert, Mr. Nelson and Mr. Smith agreed with the Conditions of Approval submitted by staff. Commissioner Webster moved to approve RE#2225 and require Brunello, LLC, to pay 25 percent of the total improvements to Weld County Road 104. Commissioner Baxter seconded the motion. Mr. Barker suggested adding the requirement to pay for 25 percent of the improvements to Condition #2.A, and stated time limits should be addressed to determine when the improvements need to be complete. He explained Condition #2.A requires the improvements be complete before recording the plat and added the Board has the option of using a Road Improvements Agreement. In response to Commissioner Baxter, Commissioner Webster added the requested access from Lot A onto Weld County Road 17 into his motion. Following discussion, Ms. Chester stated RE #2211 is required to complete the improvements prior to recording the plat and this requirement should remain consistent among the exemptions. Monica Mika, Director of Planning Services, stated the Board can require the improvements be completed before recording the plat or add a condition that improvements be done before building permits are issued. Chair Harbert suggested Brunello, LLC, complete the road up to the access so they can begin building rather than being prevented Minutes, July 29, 1998 981297 Page 4 BC0016 from development while Ms. Deplazes meets her requirements. Mr. Carroll stated Ms. Deplazes is waiting for a decision from the Board on this exemption before she hires a contractor and work will be done this fall or next spring depending on the weather. Commissioner Kirkmeyer stated Ms. Deplazes" condition requires the plat be recorded within 60 days of approval which began two weeks ago. Commissioner Hall clarified the motion includes adding the requirement to pay 25 percent of the total improvements to Condition #2.A prior to recording the plat, adding an access to Lot A from Weld County Road 17, and indicating a joint easement access on the plat. Commissioner Kirkmeyer stated she would vote against the motion since it is adding to the piecemeal development in this area. On role call the motion carried four to one with Commissioners Baxter, Webster, Hall, and Chair Harbert voting in favor of the motion and Commissioner Kirkmeyer opposed. The motion carried. 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 9:55 a.m. BOARD OF COUNTY COMMISSIONERS �,,,,J,� W COUNTY, COLORADO ATTEST: J��„""�'` `w �' �a N Constance L. Harb , Chair Weld County Clerk to thro13C1 . . ® )� W. H. Webster, ro-Tem BY: Deputy Clerk to they` J� s�p ^� EXCUSED DATE OF APPROVAL 8v orge E. Baxter Dale K. Hall EXCUSED DATE OF APPROVAL Barbara J. Kirkmeyer Minutes, July 29, 1998 981297 Page 5 BC0016 Hello