HomeMy WebLinkAbout20101136.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 26, 2010
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 26, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem — EXCUSED
Commissioner Sean P. Conway - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of May 26, 2010, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Long moved to continue the following items of New
Business to June 16, 2010, based on staff's recommendation: 7) Consider Petition for Abatement or
Refund of Taxes — CRVI-Ii-AZCO, LLC [2010-1126], 8) Consider Petition for Abatement or Refund of
Taxes — Summer Park Condominium Association [2010-1127], and 9) Consider Petition for Abatement
or Refund of Taxes — Kenneth and Rana Bachman [2010-1128]. Commissioner Garcia seconded the
motion, which carried unanimously. Commissioner Garcia moved to add the following items of New
Business: 11) Consider 2010 Sectors Implementation Grant Application for Sustainable Manufacturing
Sector in Weld And Adams Counties and authorize Chair to sign [2010-1137], 12) Consider Congestion
Mitigation and Air Quality (CMAQ) Agreement and authorize Chair to sign [2010-1138], and
13) Consider Agreement for Professional Services and authorize Chair to sign — Sierra Steel Company
[2010-1139]. Commissioner Long seconded the motion, which carried unanimously.
PUBLIC INPUT: Chris Eikenberg, Weld County resident, stated she has three (3) different issues she
would like to address. Ms. Eikenberg stated the first issue is that she has not heard anything regarding
the Child Support Forum which Commissioner Kirkmeyer is organizing, and interested women have
been inquiring as to when the Forum will occur.
She stated the second issue she has is that she received notice that the County is transferring her child
support case to Division 7; however, she understood that child support cases are supposed to be
considered by another judge which is not a regular divorce judge. She stated she paid a $25.00 fee to
ensure the child support matter was not considered in divorce court, and the County is making
Minutes, May 26, 2010 2010-1136
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decisions about her case without consulting her. Ms. Eikenberg stated she wants to be consulted
before the magistrate is considering the matter and she thinks it should be part of the judicial process.
She stated the third issue she has is that she wants to have the County consider the needs of the
women working with the child support registry. She stated she is not entitled to know where her ex-
husband is living or working; however, she has been asked to provide contact information at doctor
appointments, and the County should be able to at least say whether or not her ex-husband is working,
since sharing this information will not jeopardize her ex-husband. Ms. Eikenberg stated she should
also know the amount of money her ex-husband is being paid; however, she does not necessarily need
to know the name of his employer, unless she moves out of the County and needs to enforce an order.
She stated the County needs to provide clarity regarding privacy matters and providing essential
information. She stated she must disclose where the children reside. Commissioner Long stated he
has noted all three of Ms. Eikenberg's concerns and someone will follow up with Ms. Eikenberg
regarding the issues; however, the County is always held to State statutes and regulations, which he
will verify the County is adhering to, although Ms. Eikenberg may not be satisfied with those
restrictions. Ms. Eikenberg stated there is nothing in writing which explains what information she is
entitled to know. Chair Rademacher stated it is expected that Commissioner Kirkmeyer will be in the
office later this afternoon; therefore, Ms. Eikenberg can follow up with her at that time regarding the
proposed Child Support Forum. Ms. Eikenberg stated she is preparing to leave for a vacation;
however, she wants to be a part of the process. She stated she wants the job descriptions for the
technicians and attorneys involved with child support matters, in order to know what they are supposed
to be accomplishing.
Ms. Eikenberg indicated she has another issue to address, which is regarding the City of Greeley Food
Tax Rebate, which is intended to assist the elderly, poor, and disabled in the community; however, over
the past three (3) years the City of Greeley has had to coordinate with the County to research if an
individual is receiving food stamps, and if an individual is receiving food stamps, they are determined
not to be eligible for the Food Tax Rebate. She stated John Kruse, Department of Human Services, is
overseeing this process and there has been a delay in providing the information to the City of Greeley
and the checks being disbursed. She stated she will be addressing the City Council about the Rebate
money being taken out of elderly and disabled peoples' pockets. Ms. Eikenberg stated she has spent
$1,200.00, out of pocket, on meat over the past year; therefore, she should still be entitled to the
Rebate.
Doug Meyer, Weld County resident, read an excerpt from an article regarding the Glen Lake Irrigation
District implementing the coordination process with the U.S. Forest Service and the U.S. Fish and
Wildlife Service, and both Federal agencies ultimately agreed to the terms of Glen Lake Irrigation
District's Operation and Maintenance Plan. Mr. Meyer stated Logan County also prevailed in its fight
against the black-footed ferret and the Endangered Species Act through utilizing coordination.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
MEMORIAL DAY - MAY 31, 2010: Chair Rademacher read the certificate into the record, proclaiming
May 31, 2010, as Memorial Day. Commissioner Garcia stated that he will read the proclamation at Linn
Grove Cemetery on Memorial Day.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
Minutes, May 26, 2010 2010-1136
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NEW BUSINESS:
CONSIDER REVISION TO OPERATIONS MANUAL, SECTION 5.000, GENERAL ASSISTANCE
PROGRAMS POLICIES AND PROCEDURES: Judy Griego, Director, Department of Human Services,
stated the proposed revision was reviewed at the Board's work session conducted on May 10, 2010,
and it will revise the reimbursement process with funeral homes, which is paid out of the General Fund.
Ms. Griego stated the reimbursement rates for funeral, burial, and cremation assistance will be
$1,500.00 for deceased over 60 years of age, $1,000.00 for deceased ages birth through 59, and
$750.00 for stillborn babies. Commissioner Long moved to approve said revision to Operations
Manual, Section 5.000, General Assistance Programs Policies and Procedures. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER REVISION TO OPERATIONS MANUAL, SECTION 2.000, SOCIAL SERVICES DIVISION
POLICIES AND PROCEDURES: Ms. Griego stated the proposed revision was reviewed at the Board's
work session conducted on May 10, 2010, and it is regarding the Teamwork, Innovation, Growth, Hope,
and Training (TIGHT) Program. She stated the revision will provide for the continued funding of the
TIGHT Program from Core Services funding, in the amount of $244,893.81, for a period commencing
June 1, 2010, through May 31, 2011. Commissioner Long moved to approve said revision to
Operations Manual, Section 2.000, Social Services Division Policies and Procedures. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER ACCEPTANCE OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS
FROM MORGAN COUNTY: Bruce Barker, County Attorney, stated this is the transfer of $125,000.00
in Temporary Assistance for Needy Families (TANF) funds from Morgan County to Weld County.
Commissioner Long stated the Board needs to thank the Morgan County Commissioners at the
Colorado Counties, Inc. (CCI) Conference next week, and he moved to approve said acceptance of
TANF Funds from Morgan County. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT FOR COMMUNITY SERVICES BLOCK GRANT (CSBG) AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated the Board reviewed this agreement at the work session conducted
on May 25, 2010, and it previously approved the grant application to the Colorado Department of Local
Affairs (DOLA). She stated the maximum amount payable under the agreement is $299,441.00, and
the term of the agreement is March 1, 2010, through February 28, 2011. Commissioner Garcia moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR COMMUNITY SERVICES BLOCK GRANT (CSBG)
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Board reviewed the proposed amendment
at the work session conducted on May 25, 2010, and the amendment will provide $75,000.00 in
carry-over funds from the year 2009 for the 2010 Program Year. She stated the term of the
amendment will commence June 1, 2010, through September 30, 2010. Commissioner Long moved to
approve said amendment. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER 2011 ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON AGING PROGRAMS
(TITLE III AND VII) AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Budget and Plan were
presented to the Board at the work session conducted on May 10, 2010, and the Budget requests
$729,860.00 from the Federal Older Americans Act funding and $422,238.00 in State funds. She
stated the funding will be utilized for the Long Term Care Ombudsman Program, congregate meals,
home delivered meals, in-home services, the Legal Program, the Hispanic Senior Outreach Program,
adult day programs, and other various Area Agency on Aging programs. Commissioner Long moved to
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approve the 2011 Annual Plan and Budget for the Area Agency on Aging Programs and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CRVI-H-AZCO, LLC:
Commissioner Long moved to continue the matter to June 16, 2010, based on staff's recommendation.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SUMMER PARK
CONDOMINIUM ASSOCIATION: Commissioner Long moved to continue the matter to June 16, 2010,
based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — KENNETH AND RANA
BACHMAN: Commissioner Long moved to continue the matter to June 16, 2010, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE PROGRAM AND AUTHORIZE
CHAIR TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: JoAnn
Holden, District Attorney's Office, stated the Victim's Assistance and Law Enforcement (VALE) Board
approved the grant application for$120,000.00, which was submitted in March, 2010. She stated there
is no County match, and the term of the contract is July 1, 2010, through June 30, 2011. Commissioner
Garcia moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER 2010 SECTORS IMPLEMENTATION GRANT APPLICATION FOR SUSTAINABLE
MANUFACTURING SECTOR IN WELD AND ADAMS COUNTIES AND AUTHORIZE CHAIR TO
SIGN: Ms. Griego stated this is a competitive grant application, which the Board reviewed at a work
session conducted on May 25, 2010. She stated the Department is working with Upstate Colorado
Economic Development to implement the strategies identified in the Planning Grant. She stated the
Implementation Plan requests $225,000.00, for a term commencing August 1, 2010, through
December 31, 2012. She stated the Weld County Division of Employment Services will utilize the grant
funds to enter into partnerships with efforts with Upstate Colorado Economic, the Adams County
Workforce Region, Adams County Economic Development, Brighton Economic Development, Aims
Community College, Front Range Community College, and various other partners, including two (2)
major employers. Commissioner Long moved to approve said grant application and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CONGESTION MITIGATION AND AIR QUALITY (CMAQ) AGREEMENT AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this is an agreement which is related to a project
which Commissioner Kirkmeyer has been working on. He stated this is a standard form agreement and
he has been involved with discussions with other County Attorneys regarding collectively modifying the
language in these contracts. Commissioner Long inquired as to whether the motion for approval should
include a reference to the language in the agreement potentially being changed. Mr. Barker clarified
that the proposed language changes will not be included in this particular agreement and what was
discussed yesterday is modifying the form of the agreement which the State generally uses.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
Minutes, May 26, 2010 2010-1136
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CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
SIERRA STEEL COMPANY: Mr. Barker stated the agreement is for Sierra Steel Company to install
steel mesh in six (6) pods in the jail on the mezzanine levels, which will cost $86,000.00. He stated the
cost is for the labor, since Sierra Steel Company has the necessary knowledge and expertise to install
the steel mesh, which will save the County money. Chair Rademacher stated Sierra Steel Company
will also complete the design work, which will save the County additional money. Mr. Barker concurred.
Commissioner Garcia stated this is the same company which completed the engineering and
installation of the other pods in the jail. Chair Rademacher concurred. Commissioner Long moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT
PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ#1082 - KITELEY FARMS, LLLP, C/O
LONGS PEAK INVESTORS, LLC (CON'T FROM 5/24/10) (TO BE CON'T TO 6/07/10): In response to
Chair Rademacher, Michelle Martin, Department of Planning Services, confirmed staff is requesting
that the matter be continued to June 7, 2010. Commissioner Garcia moved to continue said matter to
June 7, 2010, based on staff's recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR
AMENDED USE BY SPECIAL REVIEW PERMIT #1394 - ZADEL FAMILY, LLLP, C/O NORTHERN
COLORADO CONSTRUCTORS, INC.: Ms. Martin stated the Department of Planning Services
received a private performance bond, in the amount of $13,121.00, for the Improvements Agreement
for Amended Use by Special Review (AmUSR) #1394. She stated AmUSR #1394 was approved by
the Board on May 14, 2008, for an Amended Site Specific Development Plan and Special Review
Permit, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant,
Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District. She
stated the site is also known as NCII Pit#1, and it is located north of, and adjacent to, County Road 18
and west of, and adjacent to, County Road 25. Ms. Martin stated the improvements will be on-site
landscaping, and the collateral has been reviewed by the Departments of Public Works and Planning
Services and the County Attorney's Office, which have determined the amount to be sufficient.
Richard Hastings, Department of Public Works, stated the pit has an existing Long Term Maintenance
Agreement, and the pit operators, the Zadel family, have been proactive participants in honoring their
obligations. Mr. Hastings clarified the pit operators have been actively involved with the improvements
to County Road 18 and U.S. Highway 85, including the realignment of County Road18, they overlaid
the portion of County Road 25 which is next to the pit, and they facilitated an agreement with the
Pioneer Pit, which is located north of the site, to crack seal County Road 25, without the County
requesting the work to be completed. He stated the City of Thornton is the property owner, and this
agreement will set a precedent for other upcoming agreements with the City of Thornton. He further
stated the City of Thornton will only have obligations regarding the pit if the NCCI Pit #1 is unable to
fulfill its obligations. Commissioner Garcia inquired as to what the 1,300 tons of crushed recycled
asphalt, which is listed next to the word sidewalk on Exhibit A-2, will be utilized for. Mr. Hastings stated
there will not be a trail or sidewalk; however, if the economy approves and the pit operators are able to
install a concrete and asphalt batch plant on the site, a new access will need to be constructed south of
the current access. Commissioner Garcia moved to approve said Improvements Agreement According
to Policy regarding Collateral for Improvements, authorize the Chair to sign, and accept collateral for
Minutes, May 26, 2010 2010-1136
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Amended Use by Special Review Permit#1394. Seconded by Commissioner Long, 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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY OLORADO
14 ll,a
ATTEST: 7 1 �t�� 6
1E6I f 4 a. Dougla- Radem- er, Chair
Weld County Clerk to the Board ye r
f� : + EXCUSED
�14� Barbara Kirkmeyer, Pro-Tem
BY� � r 1IN
De Cler t the Boar EXCUSED
Sean P.4/ _Co9way
Wil m F. is
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-,-\David E. Long
Minutes, May 26, 2010 2010-1136
Page 6 BC0016
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