HomeMy WebLinkAbout20110458.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 14, 2011
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 14, 2011, 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 Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of February 9, 2011, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on February 8, 2011: 1) Violation Hearings; and February 9, 2011, as follows:
1) USR #1764 — Rodney and Karen Steely, and 2) USR #1766 — James Terry. Commissioner Long
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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #61100036, BI-FUEL (CNG) CONVERSION KITS FOR SEVEN (7) VEHICLES -
DEPARTMENT OF FINANCE/FLEET MAINTENANCE: Monica Mika, Director of Finance and
Administration stated said bid will be presented for approval on February 28, 2011, and she
recommended a work session before then to discuss the complexities of the bid.
In response to Chair Kirkmeyer, Barb Connolly, Controller, indicated there was an article in a magazine
which featured what the County is completing with its conversion of some of its fleet vehicles to operate
on compressed natural gas (CNG). Chair Kirkmeyer stated there is a lovely photograph of
3- 1 i I Minutes, February 14, 2011 2011-0458
Page 1 BC0016
Ms. Connolly in the magazine with one of the County's CNG vehicles. Commissioner Conway
indicated when House Bill 1082 is heard again, the Board should testify about this on the record, in
order to demonstrate what Weld County is accomplishing in order to bring clean air to northern
Colorado. Chair Kirkmeyer clarified it will demonstrate what Weld County is accomplishing in order to
maintain clean air in northern Colorado.
PRESENT BID #61100039, CONCRETE, WASHED ROCK, AND SQUEEGEE "ON CALL" -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated this is an annual bid which will be presented for
approval on February 28, 2011, and the bid is for a variety of different concrete mixes and aggregate.
APPROVE BID #61100025, 2011 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC
WORKS: Mike Bedell, Department of Public Works, stated this is an annual bid which is budgeted for
each year, and the rehabilitation consists of placing reinforced concrete up against the abutments of the
bridges, in order to extend the life of the bridges. He stated one (1) bridge on County Road 49 will
receive a new steel culvert structure this year. He stated the low bid is significantly lower than his
estimate and the company which submitted the low bid completed a project for the Department of
Public Works the year before last, and is located in the City the Greeley. In response to Chair
Kirkmeyer, Mr. Bedell stated the "force account" is for unforeseen expenses which may arise during
construction, for example, if a giant boulder was discovered during excavation. Further responding to
Chair Kirkmeyer, Mr. Bedell confirmed the "force account" can only be utilized for the bridges specified
in the bid, and it cannot be utilized for other bridges. Commissioner Rademacher moved to approve
the low bid from Jags Enterprises, Inc., in the amount of $209,077.00, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT APPLICATION
FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated this
grant application was reviewed by the Board as a "pass around" item, along with a memorandum dated
February 1, 2011. She stated the grant will allow the Ombudsman Program to provide elderly abuse
prevention programs, to continue the Long Term Care Friendly Visitor Program, and to maintain and
strengthen the Volunteer Ombudsman Program. She stated the Department is requesting $12,000.00,
and the term of the grant will commence July 1, 2011, through June 30, 2012. In response to
Commissioner Conway, Ms. Griego confirmed there will be no matching County funds required.
Commissioner Conway moved to approve said grant application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TWO (2) AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES
AND AUTHORIZE CHAIR TO SIGN - MILESTONES COUNSELING SERVICES, LLC: Ms. Griego
stated the amendments were reviewed by the Board as "pass around" items, along with a
memorandum dated January 14, 2011. She stated the amendments will help the Department to remain
within its Core Allocations for the 2010 Program Year, She stated the amendments will amend the
agreements with Milestones Counseling Services, LLC, for foster parent consultation, by increasing the
amount $2,500.00, and for mental health services, by decreasing the amount $2,500.00.
Commissioner Long moved to approve said amendments and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER GRANT CONTINUATION APPLICATION FOR FISCAL YEARS 2011 AND 2012,
INCLUDING 2010 PROGRESS REPORT, FOR NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director, Department of Public Health and
Environment, stated this grant application was reviewed as a "pass around" item, along with a
memorandum dated February 4, 2011. He stated the Department has been accessing this funding
Minutes, February 14, 2011 2011-0458
Page 2 BC0016
since it was initiated approximately a decade ago, and the funding is for first time mothers living in
poverty and their first-born children. He stated the Nurse Home Visitor Program assists the mothers
throughout their pregnancies and it assists the mothers and their children until the children's second
birthdays. Dr. Wallace stated the Program is directed at providing life skills and access to healthcare to
ensure the children are off to a healthy beginning, and to ensure that the mothers seek gainful
employment and avoid dysfunctional activities. He stated the Program is on the list to be considered
for reduction or elimination by both the legislature and the Governor's Office; however, the application
must be submitted if the County wants to reserve its funding in case funding is continued. He stated
this Program has been considered for elimination in previous years and it has survived; however, it is
unknown whether it will continue to survive. Dr. Wallace stated it has been a valuable program, with
positive results for both the mothers and the children, according to the tracking; therefore, he would like
to continue the program if the funding remains available. He stated the majority of the funding is
provided by the Master Tobacco Settlement funding, which accounts for $641,659.00, and
approximately $76,090.00 will be accounted for from Medicaid reimbursements. Commissioner
Conway commended Dr. Wallace and his staff on this program. He stated he has had the opportunity
to participate in some of the visits and the program is extremely helpful. He stated he understands the
State legislature has has difficult decisions to make; however, he hopes the funding will continue to be
available. Commissioner Rademacher stated the memorandum submitted with the application
indicates the total amount being requested is $717,749.00; however, the application indicates the total
amount is $721,630.00; therefore, there appears to be inconsistent amounts being requested.
Dr. Wallace stated he will review the details and he will reconcile the difference. He stated it is possible
that the higher amount was from an earlier spreadsheet before the amount being requested was
reduced; however, he will resolve the matter, and he appreciates Commissioner Rademacher
identifying the inconsistency. Commissioner Conway inquired as to which amount the application
should be approved for. Chair Kirkmeyer stated at this point the Board is simply considering approving
the submittal of the application, and the Resolution does not specify the amount being requested.
Commissioner Garcia moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 53 AND 55: Janet Carter,
Department of Public Works, stated said closure will commence February 22, 2011, through March 1,
2011, in order to replace a culvert. She stated a 36-inch irrigation RCP (Reinforced Concrete Pipe) is
being replaced with a 36-inch CMP (Corrugated Metal Pipe). She stated the ADT (Average Daily
Traffic Count) for County Road 50 is 161 vehicles, according to a 2008 traffic count, and road signs and
barricades will be utilized throughout the closure. Commissioner Rademacher moved to approve said
temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 6 BETWEEN CRS 19 AND 21: Ms. Carter stated the
closure will commence February 22, 2011, through March 18, 2011, in order to replace a bridge and a
culvert. She indicated staff is trying to complete both projects in the area at the same time, in order to
complete as many projects as possible during one (1) closure period. She stated the ADT is
1,355 vehicles, according to a traffic count taken this year, and magnesium-chloride will be utilized for
dust control on the detour routes. She stated road signs and barricades will be utilized throughout the
closure. Commissioner Rademacher inquired as to whether four (4) weeks will be sufficient time to
complete both projects. Ms. Carter stated four (4) weeks should provide adequate time to complete
both projects, depending on the weather. Chair Kirkmeyer stated County Road 19 has some dramatic
curves and she requested that staff ensure all the chevrons are in place. Ms. Carter indicated she will
send a crew out today to ensure the chevrons are in place. In response to Chair Kirkmeyer, Ms. Carter
stated she will check with the grader operators whether County Roads 4 and 21 have recently been
graded. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
Minutes, February 14, 2011 2011-0458
Page 3 BC0016
CONSIDER TEMPORARY CLOSURE OF CR 62 BETWEEN CR 43 AND ONE-QUARTER MILE EAST
OF CR 45 (DEAD END AT THE AIRPORT) FOR THIRD PHASE OF MAIN SEWER LINE
REPLACEMENT FOR JBS USA, LLC, FKA SWIFT AND COMPANY: Ms. Carter indicated staff is
requesting this road closure on behalf of SEBI, which is installing the main sewer line for JBS
USA, LLC, fka Swift and Company. She stated this is Phase 3 of the project, and the Board approved
a non-exclusive license agreement for the road improvements and there is a bond in place, in the
amount of $528,000.00. Commissioner Conway moved to approve said temporary closure.
Commissioner Garcia seconded the motion. In response to Commissioner Rademacher, Ms. Carter
confirmed County Road 62 has quite a bit of traffic, and there is a lengthy detour route. She stated
people are being notified of the closure through mailings and there will be message boards utilized in
advance of the closure to help detour the traffic in the area. There being no further discussion, the
motion carried unanimously.
CONSIDER APPLICATION FOR NEIGHBORHOOD STABILIZATION PROGRAM (PHASE 3-FORT
LUPTON) AND AUTHORIZE CHAIR TO SIGN: Tom Teixeira, Director, Weld County Housing
Authority, stated the Neighborhood Stabilization Program will be a joint effort among the Weld County
Housing Authority, the Department of Finance and Administration, and the City of Fort Lupton. He
stated this is the third phase of a grant, and 5.3 million was received in the first phase, which was used
in the Cities of Greeley and Evans. He indicated the County is requesting $1,023,188.00 be allocated
for this phase of the grant, which will be utilized in the eastern portion of the City of Fort Lupton.
Mr. Teixeira stated every census tract in the county has been scored from one (1) to 20, according to
need, and this census tract was scored at 20. He stated eight (8) houses will be purchased and the
houses will be rehabilitated or the houses will be demolished, if necessary, and new structures will be
constructed. He stated the houses will be sold to people who earn less than 120 percent of the median
income, which is approximately $80,000.00 per year. Commissioner Rademacher thanked Mr. Teixeira
and Ms. Mika for their work on this application, and he stated the Mayor of Fort Lupton is very happy
this project will be occurring there. Ms. Mika stated there needs to be an additional paragraph in the
Resolution to reference the Weld County Housing Authority, since it is the sub-recipient, and the City of
Fort Lupton is the tertiary recipient.
Bruce Barker, County Attorney, concurred with Ms. Mika that language should be added to the
Resolution to reference the Weld County Housing Authority. Ms. Mika stated it is required that the
application be posted on Weld County's website, the Weld County Housing Authority's website, and the
City of Fort Lupton's website. In response to Chair Kirkmeyer, Mr. Teixeira stated up to 10 percent of
the funding can be used for administration costs, and there will be an hourly charge for administrative
services to be compensated, since there is not a full-time person working on this project. He stated
reports will need to be completed, meetings will need to be attended, and outreach activities will need
to be completed. In response to Chair Kirkmeyer, Mr. Teixeira confirmed the actual hourly rates of the
employees who work on the project will be reimbursed. Chair Kirkmeyer stated the Division of Housing
is going to immediately take $100,000.00 from the funding. Ms. Mika stated accounting hours will also
be reimbursed. Commissioner Rademacher moved to approve said application, with the Resolution
being amended to include the Weld County Housing Authority, as suggested by staff, and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Garcia
moved to reappoint Michael Freemen, Brechen Santeramo, and William Erickson to the Extension
Advisory Council, with terms to expire February 1, 2014. Seconded by Commissioner Long, the motion
carried unanimously.
Minutes, February 14, 2011 2011-0458
Page 4 BC0016
OLD PLANNING BUSINESS:
CONSIDER ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS RELATED TO USR #1582 AND AUTHORIZE CHAIR TO SIGN
- CITY OF AURORA/PRAIRIE WATERS PROJECT, C/O DOUG PIFHER (CON'T FROM 2/07/11):
Mr. Barker stated this matter was continued from last week, and there was a work session this morning
regarding the agreement, where the Board heard from representatives from the City of Aurora
regarding the two (2) issues the Board had questions about last week, which were regarding the
signing authority and the enforcement of the agreement. He stated he feels confident the agreement
complies with the County's policies and he recommended approval of the agreement. Commissioner
Conway thanked the officials from the City of Aurora for attending the work session; it was helpful in
answering the Board's questions, and he thanked Mr. Barker for his diligence regarding the matter. He
stated after the work session there was an excellent suggestion that a semi-annual meeting be
conducted to keep the County informed about the project.
In response to Chair Kirkmeyer, Clay Kimmi, Department of Public Works, stated he does not have any
additional information to provide; he is just present to answer questions. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the
motion, with a correction to the title of the Resolution, to indicate Use by Special Review (USR)
Permit#1582, not USR Permit #1581. Chair Kirkmeyer thanked the representatives from the City of
Aurora for participating in the work session. There being no further discussion, the motion carried
unanimously.
NEW PLANNING BUSINESS:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF CHANGE OF ZONE PLAT, PZ #1125,
AND SUBMITTAL OF APPLICATION FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1125
- PIONEER COMMUNITIES, INC., AND H.P. FARMS, LLC: Tom Parko, Department of Planning
Services, indicated this is a request to extend the deadline for submitting a plat to be recorded for the
Southeast RUA (Regional Urbanization Area)/Pioneer Communities, Inc., for a period of three (3)
years. He stated the property is located near the Towns of Hudson and Keenesburg, and it was
originally zoned A (Agricultural) and it was changed to PUD (Planned Unit Development), with
residential and commercial uses, including approximately 9,400 dwelling units, 200,000 square-feet of
commercial and retail space, nine (9) schools, 12 regional parks, waste water and water storage areas,
and open space. He stated the Change of Zone (COZ) was originally considered by the Board on
January 9, 2008, and Item W in the proposed Resolution indicates the COZ should have been
submitted within 90 days. Mr. Parko indicated staff wants to ensure there are no triggers at the time of
the COZ, and most of the triggers will occur at the time of filing the plat and upon the construction of the
dwelling units. He stated the proposed Resolution is for the Change of Zone Plat and the application
for the PUD Final Plan; however, he discovered that there is a waiver of Section 27-8-50 on Page 20 of
the original Resolution, in Item DD, which indicates the applicants do not need to request a continuance
from the Board for the submittal of the PUD Final Plan; therefore, the Board only needs to consider the
COZ portion of the request. He recommended the applicant be granted one (1) additional year to
record the COZ, with the following conditions: 1) That the applicant will tender payment in the amount
of $550.00, and 2) That within the one (1) year extension, if the applicant cannot meet the deadline, the
applicant shall make a request to the Department of Planning Services in writing for additional time, at
least 30 days prior to the deadline, and the request will be presented to the Board of County
Commissioners. He stated Condition 1.X in the original Resolution indicates the County has the ability
to assess $50.00 for every three months the applicant has not submitted the COZ, and $550.00 is the
fee for 33 months, even though it has been approximately 37 months. In response to Commissioner
Rademacher, Mr. Parko indicated staff is recommending a one (1) year extension in order to remain
consistent with the timeframe the Board has given for other extensions for the submittal of plats.
Commissioner Rademacher indicated he thinks the Board recently approved a two (2) year extension.
Minutes, February 14, 2011 2011-0458
Page 5 BC0016
Chair Kirkmeyer stated the Board granted a two (2) year extension near the Town of Windsor; however,
the applicant presented valid reasons for the extension and it was not a RUA COZ; it was a subdivision
and it was prior to the economic downturn.
Jack Reutzel, representative for the applicants, stated when he was last before the Board, he was
confident the next time he would be before the Board to discuss the Final Plan; however, development
halted throughout the State. He reiterated the applicants are not requesting an extension to submit the
PUD Final Plan; the request is just to extend the deadline for the recording of the COZ plat. He stated
there were approximately 26 to 28 Conditions of Approval for the COZ, and the applicants have only
one (1) remaining, which is the Hardrock Agreement with Anadarko. He stated the basic agreement is
in place; however, Anadarko has requested a property to guarantee performance, and the property has
been in flux as to what would be acceptable. Mr. Reutzel indicated he thinks that process is going to be
abandoned and that the original agreement will be completed. He stated a one (1) year extension is
fair; it should not take that long, now that an approach with Anadarko has been determined. He stated
he hopes the market continues to show signs of improvement and that a Final Plan can be discussed in
the near future. In response to Chair Kirkmeyer, Mr. Reutzel confirmed the applicants are in agreement
with staffs recommendation for the COZ, and a waiver has been granted for the Final Plan, which will
be submitted to staff when it is complete. Commissioner Garcia moved to approve staffs
recommendations. Chair Kirkmeyer clarified staff's recommendation is to grant a one (1) year
extension for the submittal of the COZ Plat for PZ#1125, and to assess a $550.00 recording
continuance charge, in accordance with Resolution#2008-0050. Seconded by Commissioner
Rademacher, the motion 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.
There being no further business, this meeting was adjourned at 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD NTY, CQNTY, Ca4PRADO
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ATTEST: " " arb ra Kirkmeyer,Chair
Weld County Clerk to the 18-ri �4 , � e /,{
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ean�Ponway, Pro Temp
BY:
Deputy Clerk to the Boa
Iliam F. arcia
AP D FORM: `a4 \
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David E. Long
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Minutes, February 14,2011 2011-0458
Page 6 BC0016
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