HomeMy WebLinkAbout20090532.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 2, 2009
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, March 2, 2009, 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 William H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of February 25, 2009, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2009-5 by
tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on February 25, 2009, as follows: 1) Show Cause re: 2nd AMUSR #842 and 3rd
AMUSR #842 - Tire Recycling, Inc.; and 2) USR #1675 - Rusco Land and Cattle. Commissioner Conway
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Garcia Added New Item of Business #7) Intergovernmental
Agreement Concerning Administration of the State of Colorado Neighborhood Stabilization Program and
authorize Chair to sign - City of Greeley
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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
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CONSIDER INCLUSION OF PROPERTY LOCATED IN WELD COUNTY INTO ANHEUSER BUSCH
PARK AND RECREATION DISTRICT (CON'T FROM 1/26/09): Bruce Barker, County Attorney, stated the
issues discussed at the work session have not been resolved; therefore, another continuance is necessary.
Commissioner Conway moved to continue the matter to March 23, 2009, at 9:00 a.m., in order to allow
time to research and resolve the issues the Board discussed at its work session. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND LEASE AND
AUTHORIZE CHAIR TO SIGN - SAINT VRAIN VALLEY SCHOOL DISTRICT RE -1J: Judy Griego,
Director of Human Services, stated the agreement was presented at a work session on Aug 20, 2008.
Ms. Griego stated the agreement has been extensively negotiated between Saint Vrain Valley School
District RE -1J and the County Attorney, and the new language in the agreement has been agreed to. She
stated the agreement is to continue the arrangement the County has with the School District as a
participant on the Multi -Disciplinary Youth Assessment Team (MYAT). She stated the contract is in the
amount of $37,492.00, and is for a term commencing July 1, 2008, through June 30, 2009. Chair Garcia
inquired if any changes have been made to the agreement since the work session was conducted.
Ms. Griego stated all of the major purposes and the dollar amount of the agreement remain the same. She
clarified many of the changes were simply rearranging where certain language is placed in the agreement.
In response to Chair Garcia, Ms. Griego stated as a result of the agreement commencing July 1, 2008,
she has released some of funding prior to the Board approving the agreement to be able to utilize the
services of a contracted employee. Commissioner Rademacher moved to approve said agreement and
lease and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING SURGICAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
SURGICAL ASSOCIATES OF GREELEY, P.C.: Dr. Mark Wallace, M.D., Director of the Department of
Public Health and Environment, stated the agreement is related to the Women's Wellness Connection
Program, and it was discussed at the work session conducted on February 12, 2009. Dr. Wallace stated
the Program permits cervical and breast cancer screening for at -risk women, and the Program grant
agreement requires that referral options be available for women who are identified as needing surgical
intervention, including biopsies, as a result of the screening findings. He stated the State provides a
modified fee schedule, based on Medicaid rates, and the surgeons participating in the agreement will bill
the County and the County will reimburse them according to the fee schedule. Commissioner Long moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER GRANT APPLICATION FOR NORTHERN COLORADO REGIONAL FORENSIC
LABORATORY AND AUTHORIZE CHAIR TO SIGN: Matthew Jorgenson, Sheriff's Office Forensic Crime
Laboratory, stated the grant is to provide a piece of laboratory equipment which will aid the chemistry
portion of the Laboratory. Mr. Jorgenson stated this is a continuation of a grant, for which the Lab
requested $78,000.00 last year to aid the latent print section. He stated the cost of the piece of equipment
will be $112,000.00. Commissioner Conway moved to approve said grant application and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR
VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN: Ken Poncelow, Sheriffs Office, stated this
is a continuation of a Victim Assistance and Law Enforcement (VALE) grant, and it will be in the amount
of $73,631.00 for this year. He stated the grant supplements the budget available to provide the Victim's
Advocates positions. Commissioner Conway moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, March 2, 2009 2009-0532
Page 2 BC0016
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT CONTRACT FOR
WELD COUNTY COMMUNITY CORRECTIONS FACILITY PROJECT AND AUTHORIZE CHAIR TO
SIGN: Monica Mika, Director of Administrative Services, stated the grant was submitted on behalf of the
Department of Community Corrections, in the amount of $100,000.00. Commissioner Conway moved to
approve said grant contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2009-5, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Mr. Barker stated the Ordinance contains three amendments to the appendices regarding storm
water fees, and a work session was conducted regarding the Ordinance approximately one month ago.
He stated there will be increases in the water fees for the Cities of Evans and Greeley, and the Towns of
LaSalle and Erie. He stated the Ordinance will also have some unrelated language regarding police
reports removed from it. In response to Commissioner Rademacher, Mr. Barker explained the fee on
Page 3, which was raised from $5.25 to $100.00, is a change in the way the fee is assessed, and the
$100.00 fee is a cost per commercial acre; therefore, the increase is a small one. David Bauer,
Department of Public Works, stated the fee was adjusted to be consistent with other entities. There was
no public testimony. Commissioner Rademacher moved to approve Ordinance #2009-5 on first reading.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTRATION OF THE STATE
OF COLORADO NEIGHBORHOOD STABILIZATION PROGRAM AND AUTHORIZE CHAIR TO SIGN -
CITY OF GREELEY: Becky Safarik, City of Greeley, submitted a map into the record, marked Exhibit A,
and explained the map illustrates the area which is eligible to benefit from the Neighborhood Stabilization
Program, which is part of the Housing and Economic Recovery Act passed last year. Ms. Safarik stated
the funds will be made available from Weld County and administered by the City of Greeley; however, not
all parts of Weld County and the City of Greeley are eligible to benefit from the Program; only the areas
which have been included on the map are eligible. She stated there is currently a long standing agreement
between the City of Greeley and Weld County, in which the City provides housing rehabilitation assistance
to Weld County as a contracted service, and this agreement's structure is similar. Ms. Safarik stated the
funds will be administered on behalf of Weld County by the City of Greeley. She stated the federal
government made the funds available to the States, and the States, in turn, are making the funds available
to eligible communities. She stated a letter of intent was submitted last fall, and Weld County is one of
very few communities, and the only community in northern Colorado, which has been determined to be
eligible to receive the funds. Ms. Safarik stated funding, in the amount of $5.4 million, is available to the
Weld County and City of Greeley areas, and the funds may be drawn for a period of 18 months. She
stated Weld County and the City of Greeley will have four to ten years to repay the funds utilized to the
Federal government. She stated strong partnerships will be needed for the Program to work, and a team
has been formed from the public and private sectors, to identify properties which will be eligible.
Ms. Safarik stated there will be criteria assigned by the Federal government for eligible properties. She
stated partner organizations will include Habitat for Humanity; the Greeley -Weld County Housing Authority;
various lenders, realtors, and landlords; the Public Trustee; Consumer Credit Counseling; and various
others. Ms. Safarik stated there will be specific criteria for which properties may be purchased, for
example, only property which has been foreclosed on may be purchased, and property may not be
purchased as a preventative measure. She clarified this is a recovery program, and not a prevention
program. (Clerk's Note: Commissioner Conway is excused for the remainder of the meeting.) In response
to Commissioner Kirkmeyer, Ms. Safarik stated the funds received by Weld County will be approximately
30 percent of $5.4 million, depending on the number of eligible properties identified, and if there are not
enough eligible properties in Weld County, then it may be spent on the City of Greeley. She stated the
eligible areas include the Town of Eaton, parts of the Town of Kersey, and the Cities of Evans, Fort Lupton,
and Garden City. Further responding to Commissioner Kirkmeyer, Ms. Safarik stated the funding is
Minutes, March 2, 2009 2009-0532
Page 3 BC0016
granted through the Federal Division of Housing, and even though the funds are Community Block Grant
funds, some of the rules have been suspended for this process, such as areas being designated as
entitled. Don Warden, Director of Finance and Administration, stated the funds are being jointly awarded
to the City of Greeley and Weld County. In response to Chair Garcia, Ms. Safarik stated the City of
Greeley has adopted a Citizen Participation Plan, and it may be expanded to include other areas of the
County. She recommended working out a Citizen Participation Plan through the Greeley -Weld County
Housing Authority, since it will be working with the designated areas and it presently identifies the
properties which are eligible for rehabilitation. Further responding to Chair Garcia, Ms. Safarik stated the
strategy has been to evaluate properties which are located east of 35th Avenue and the City is interested
in purchasing properties which will have the most impact on neighborhoods. She clarified it is the City's
intent to remove blights from neighborhoods, and certain properties may be purchased to rebuild on the
lot. She stated 25 percent of all of the funds spent must be for people at, or below 50, percent of the
median income for the area; however, families who may be able to purchase a rehabilitated home may
make 125 percent of the area median income; therefore, the Program is flexible. Ms. Safarik stated the
City will be employing a combination of strategies. She stated Tom Teixiera, Weld County Housing
Authority, identifies areas for rehabilitation in Weld County and is familiar with the eligible properties. In
response to Chair Garcia, Ms. Safarik stated homes which are not likely to be resold will be a priority to
be purchased for this program. In response to Mr. Warden, Ms. Safarik stated if the property is resold the
money will revolve back through the Program. She explained there will be no hurry to sell the property
quickly because Program income received before the 18 month period has elapsed must be spent before
the remainder of the available grant funds may be spent, and any income generated from sales of the
properties will be paid to the Federal government as part of the loan repayment. In response to
Commissioner Kirkmeyer, Ms. Safarik clarified the bulk of the funds, possibly all of the funds, must be
repaid to the Federal government, and no exemptions for repayment have been specified at this time. In
response to Commissioner Kirkmeyer, Mr. Warden stated Weld County already has a Citizen Participation
Plan and most of the other plans required by the Federal government for the Program in place.
Mr. Warden explained the Community Development Block Grants require most of those plans be in place.
Responding to Commissioner Kirkmeyer, Ms. Safarik stated one of the most difficult parts of the Project
will be maintaining the properties while waiting to be able to resell them. Commissioner Kirkmeyer moved
to approve the agreement and authorize the Chair to sign. Commissioner Rademacher seconded the
motion, which carried unanimously. (Clerk's Note: The matter was reconsidered at the following Board
meeting, on March 4, 2009, at which time the Board denied the agreement.)
PLANNING:
CONSIDER EXTENSION CERTIFICATE AND SURETY RIDER FOR BOND #GP97-0504-OB FOR
IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) AND MAINTENANCE AGREEMENT FOR USE BY
SPECIAL REVIEW PERMIT #966 - WASTE MANAGEMENT OF COLORADO, DBA BUFFALO RIDGE
LANDFILL: Commissioner Rademacher moved to approve said extension certificate and surety rider for
Bond #GP97-0504-OB. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-5 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, March 2, 2009 2009-0532
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
W7',COLORADO
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk o the Board
William F. Garcia, Chair
✓✓1C-biZik.r
Dougla ademache Pro-Tem
David E. Long
Minutes, March 2, 2009 2009-0532
Page 5 BC0016
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