HomeMy WebLinkAbout20091875.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 5, 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, August 5, 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 F. Garcia, Chair
Commissioner Douglas Rademacher, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer - EXCUSED UNTIL 9:15 A.M.
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 3, 2009, as printed. Commissioner Long seconded the motion, and it
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 remove #5) Approve Tax Increment
Expenditure and Revenue Sharing Agreement from the Consent Agenda, under Resolutions.
Commissioner Long seconded the motion, which carried unanimously. Commissioner Long moved to
approve the Consent Agenda, as amended. Commissioner Rademacher seconded the motion, and it
carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CATHOLIC
CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER: Judy Griego,
Director, Department of Human Services, stated the agreement was presented to the Board at a work
session conducted on June 30, 2009, and it is between the Area Agency on Aging and Catholic Charities
and Community Services of the Archdiocese of Denver, to provide outreach services to 100 Hispanic older
adults and educational outreach activities to 500 Hispanic older adults, for an amount not to exceed
$37,225.00. Ms. Griego stated the agreement is funded with Older Americans Act and State funds for
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Senior Services, and the term of the agreement commences July 1, 2009, through June 30, 2010. In
response to Chair Garcia, Ms. Griego indicated she assumes the services will be provided for the entire
County; however, she will confirm it. Commissioner Long moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER BLOCK GRANT PROGRAM DISASTER REIMBURSEMENT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - TOWN OF WINDSOR: Ms. Griego stated the agreement is with the Town of Windsor's
Housing Authority. She stated the Department, as an agent of the State of Colorado, has been charged
with the responsibilities for the administration and distribution of the Social Services Block Grant
Supplemental Appropriation of Disaster Assistance Funds to reimburse public and private entities which
were impacted by a series of storms and tornadoes which struck on May 22, 2008. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER STATEMENT OF WORK FOR PRE -PAID HOURS FOR APPLICATION AND DATABASE
SUPPORT - 3T SYSTEMS, INC.: Ms. Griego stated this item was presented to the Board at the work
session conducted on July 14, 2009, is through the Building Healthy Marriages Program and associated
federal funds, with 3t Systems, Inc., via the Juvenile Assessment Center and Senate Bill 94. She stated
the Statement of Work will encompass the purchase of an additional ten pre -paid hours, at a cost of
$183.00 per hour, for a total amount of $1,830.00, to create a report to link clients to the statistical
information and assist in reporting information, as requested by the Federal government. Commissioner
Long moved to approve said Statement of Work and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER THREE AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: (Clerk's Note: Commissioner Kirkmeyer is
now in attendance.) Ms. Griego stated the amendments were presented to the Board at the work session
conducted on April 27, 2009, and they are regarding services provided for a term commencing
June 1, 2008, through May 31, 2009. She stated the amendments are to reflect the increases in the
amount paid for mental health services provided by Transitions Psychology Group, LLC, from $50,000.00
to $70,000.00; the amount for functional family therapy provided by Savio House from $10,000.00 to
$18,000.00; and the amount paid for multi -systemic therapy provided by Savio House from $100,000.00
to $125,000.00, and all of the amendments are to be paid from Core Services funding. In response to
Chair Garcia, Ms. Griego stated the Savio House is the only provider for these services that is located in
south Weld County, while North Range Behavioral Health provides most of these services in the northern
part of the County, and Transitions Psychology Group, LLC, is one of many providers that service the
entire County. Further responding to Chair Garcia, Ms. Griego stated these are three of approximately five
providers for which the Department exceeded its targeted cost for services for the term; however, there
has been an overall increase in the use of many providers for functional family and multi -systemic therapy;
not only these providers. In response to Commissioner Rademacher, Ms. Griego stated the amendments
do not include an extension of the term; they are for the term ending May 31, 2009. Commissioner
Rademacher moved to approve said amendments and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER THREE AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES WITH
VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the amendments were
presented to the Board at the work sessions conducted on May 27, 2009, and June 20, 2009. She stated
the amendments are to increase the amount paid for day treatment services provided by El Pueblo to
$10,000.00; the amount paid for day treatment services provided for Reflections for Youth, Inc., to
$85,000.00; and the amount paid to Savio House for multi -systemic therapy to $135,000.00, for a period
commencing June 1, 2008, through May 31, 2009. She stated all of the amendments will be paid for out
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of Core Services funding. Commissioner Long moved to approve said amendments and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TWO CHILD PROTECTION AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements were presented to the Board at work
sessions conducted on April 27, 2009, and June 22, 2009. She stated Poudre Valley Health Care, Inc.,
dba Poudre Valley Hospital will provide wrap -around aftercare services (home -based services) for a flat
rate of $1,700.00 per month and $56.50 per day for partial months of service, which will be paid from Core
Services funding, for a period commencing June 1, 2009, through May 31, 2010. She stated Arapahoe
House, Inc., will provide substance abuse treatment, which will be paid from Child Welfare funding, and
monitored sobriety, which will be paid from Core Services funding, according to the rates listed in the
memorandum, for a term commencing June 1, 2009, through May 31, 2010. Commissioner Rademacher
moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS TO
CR 74 AND AUTHORIZE CHAIR TO SIGN - CORNISH PLAINS LIVESTOCK, LLLP: Leon Sievers,
Department of Public Works, stated this is the fifth and final parcel to be acquired for the County Road 74
Project, and the County is acquiring 0.036 acres of permanent easement for $500.00, which is the
minimum amount the County pays for permanent easements. In response to Chair Garcia, Mr. Sievers
stated the seller is not only a willing participant in the agreement; they are very excited about the Project.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER EXTENSION OF DEADLINE FOR SUBMITTAL OF APPLICATIONS FOR QUINQUENNIAL
FINDINGS OF REASONABLE DILIGENCE FOR BEEBE DRAW FARMS METROPOLITAN DISTRICTS
NOS. 1 AND 2: Bruce Barker, County Attorney, stated Maryann McGeady, McGeady Sisneros, P.C.,
submitted a request, on behalf of the Districts, for a 45 -day extension. Mr. Barker clarified the Board
granted a 30 -day extension previously, from June 22, 2009, to August 6, 2009, and the Districts are now
requesting an additional 45 days. In response to Commissioner Garcia, Mr. Barker stated he has not
received any correspondence from parties who are in opposition to the deadline being extended.
Jeff Hare, resident of the Pelican Lake Ranch community, within the Beebe Draw Farms Metropolitan
District, expressed his support for an extension; however, he indicated he has concerns regarding it. Mr.
Hare stated there was an exclusion hearing conducted in February, 2009, and the Board sided with the
residents on the matter; however, it has been appealed at District Court. He stated the hearing was
concerning the residents in District 1 appealing the exclusion process, and District 2 has never been a
party to the matter because the exclusion being considered was for District 1; not District 2. He further
stated the District Court case is between the District residents and the County, and the developer, who is
appealing the Board's determination. Mr. Hare stated District 2 hired special counsel to represent its
interests in the District Court case, which seems to be a misuse of the funds, since District 2 is not a party
to the case, and he expressed this concern to the District 1 Board; however, it has not chosen to hire
counsel to advise it regarding the matter, nor has District 1 requested counsel for the quinquennial review.
He stated the District 1 Board, which is the resident -controlled Board, has typically served as the debt
issuing board, and District 2 has been the servicing district. He stated prior to last Thursday, there have
been no joint meetings, and there have not been any resolutions passed to demonstrate the District 1
Board is in support of a quinquennial review. He stated Dick Lyons is the attorney who represented District
1 at the Board hearing and throughout the process, and District 2 has hired Ms. McGeady, who testified
on behalf of the developer during the exclusion process. He stated District 2 has approached District 1
to consider jointly requesting the Board not to perform the quinquennial review process and to consider
a district restructuring process, in lieu of the quinquennial review process. Mr. Hare stated District 1 is in
Minutes, August 5, 2009 2009-1875
Page 3 BC0016
favor of restructuring the District for numerous reasons, and Ms. McGeady spent some time at the meeting
conducted on Thursday discussing oil and gas, revenue, and building projections, and she spent about an
hour discussing Mr. Hare's proposals with him over the telephone on Friday morning and she really liked
some of the restructuring concepts he suggested. He stated Mr. Lyons was out of the country until
yesterday, at which time he discussed his ideas with him also, and Ms. McGeady will present the ideas to
the District Boards within the next few days. Mr. Hare stated he is concerned about the 29 million dollars
worth of authorized bonds which may be issued, and the developer has indicated the bond market will not
allow for those bonds to be issued at this time; however, a firm, DA Davidson, which only receives payment
if the bonds are issued, has been retained for District 2; therefore, the firm is considering various scenarios
to justify the issuing of the bonds. He stated there are only a finite number of issues to agree upon through
a restructuring process, and the only question is if the developer and District 2 Board are ready to
compromise. He indicated he has requested of Ms. McGeady that the time frame for the quinquennial
review application extension be short, and he is not concerned about an extension of 30 to 45 days;
however, he is concerned that if the extension drags on for a longer period time, the developer may be
able to find someone to underwrite the bonds and District 1 would have no recourse outside of the
quinquennial review process. Mr. Hare stated if there is going to be a resolution to the matter, it needs
to happen quickly, and even if a resolution is reached through a restructuring process, it may still be
prudent for the District to go through the quinquennial review process, since the bonds still exist and need
to be reviewed by the Board, and the review must occur in 2009. He recommended granting a 30 -day
extension, and he indicated he would like to meet with the Board to discuss his proposals, prior to the
quinquennial review process commencing, since the Board will not be able to give feedback after that point
due to its quasi-judicial position. Chair Garcia indicated he is concerned about participating in a work
session with Mr. Hare, even before the quinquennial review commences, due to the Board's quasi-judicial
position. In response to Chair Garcia, Mr. Barker stated the request for the 45 -day extension was
submitted by Ms. McGeady. In response to Commissioner Kirkmeyer, Mr. Barker indicated Ms. McGeady
is the attorney only for District 2; however, the request is intended to be for both Districts 1 and 2. Mr. Hare
clarified Ms. McGeady has been hired as special counsel to District 2, and Paul Cockrel, attorney, remains
counsel for both Districts 1 and 2. He stated there was also a Resolution issued by each of the Districts,
which requests a 45 -day extension. Commissioner Kirkmeyer stated the Board was not provided with
copies of those Resolutions. Mr. Barker stated he will remind District 1 to provide its request.
Commissioner Kirkmeyer stated Mr. Cockrel has been involved with special districts for a long time and
he should have known he needed to submit the request. She stated the Board has already granted a
30 -day extension and she inquired as to why an additional 45 days have been requested. Mr. Barker
stated he does not know why the request is for 45 days, as opposed to 30 days. Commissioner
Rademacher indicated he is in support of granting a 30 -day extension. Commissioner Kirkmeyer indicated
she is also in favor of a 30 -day extension. She stated the Department of Local Affairs (DOLA) may be able
to assist in facilitating the matter, and she inquired as to if Mr. Barker has had the chance to speak to a
representative of DOLA. Mr. Barker indicated he wants to speak to a particular person before contacting
DOLA. Commissioner Kirkmeyer clarified DOLA does not perform mediation for special districts; however,
in the Office of Smart Growth, there is a list of mediators, as a result of a statutory requirement, and
perhaps one of those mediators can facilitate the matter for the property owners and the Districts. She
concurred with Chair Garcia that a work session with Mr. Hare may not be appropriate for the Board, since
it is aware it will be performing in a quasi-judicial position regarding the matter, even if the quinquennial
review has not commenced. Mr. Hare stated he appreciates Commissioner Kirkmeyer's comments, and
the only mediator involved at this point was hired by District 2; therefore, an independent mediator, who
is not representing one party, would be preferable. Commissioner Kirkmeyer moved to approve said
extension of deadline for the submittal of applications for quinquennial findings of reasonable diligence for
Beebe Draw Farms Metropolitan Districts Nos. 1 and 2, for 30 days to September 6, 2009. Seconded by
Commissioner Long, the motion carried unanimously. (Clerk's Note: The motion was made to continue
the matter to September 6, 2009; however, the date falls on a Sunday and the following day is a holiday;
therefore, the matter will be continued to, and considered on, September 9, 2009.)
Minutes, August 5, 2009 2009-1875
Page 4 BC0016
PLANNING:
CONSIDER RESTRICTIVE COVENANT FOR USE BY SPECIAL REVIEW PERMIT #1339 AND
AUTHORIZE CHAIR TO SIGN - ANACAPA LAND COMPANY, LLC (AN AFFILIATE OF ROCKY
MOUNTAIN ENERGY CENTER, LLC): Mr. Barker stated the requirement stated in Paragraph B, under
Recitals, is Development Standard #2 for Use by Special Review Permit #1339. He stated the Company
offered to designate three of the sides surrounding the plant as part of the restrictive covenant; however,
upon completion of building the plant, the Company went into bankruptcy and the County could not work
with it while it was in bankruptcy status. He stated the Company is now out of bankruptcy and discussions
have reconvened regarding the covenant, which is specified on Page 1, Item #1, and is limited to the
original intent, which includes cultivating land, producing crops, vegetables, plants, flowers and nursery
stock, ranching, and what is a use by right in the A (Agricultural) Zone. He stated the Company also added
an access road to the restrictive covenant, which it wants to use for bringing large equipment into the plant
and for construction purposes. Commissioner Rademacher moved to approve said restrictive covenant
for Use by Special Review Permit #1339 and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, 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.
ATTEST:
Weld County Clerk to the Bo
BOARD OF COUNTY COMMISSIONERS
WELD,COUNT� COLORADO
William F. G a, Chair
(\f1 ko(,,,a� Qxc1vrn�(
DougOs Ra to acher, Pro-Tem
Depu1\y Cle l to the Board EXCUSED
7Se P. Conway Lzy
Br Kirkmeyer
KirkmeyerJ
David E. Long
Minutes, August 5, 2009 2009-1875
Page 5 BC0016
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