HomeMy WebLinkAbout20090484.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 23, 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, February 23, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of February 18, 2009, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on February 18, 2009, as follows: 1) Eight Petitions for Annexation of Portions of
County Road 16 (Enclave Annexations and Rezone #1 and #2), County Road 11 (Enclave Annexation and
Rezone #3 and #4), County Road 18 (Enclave Annexation and Rezone #5), County Road 13 (Annexation
and Rezone #6 and #8), and William Bailey Avenue (Annexation and Rezone #9) to the Town of Frederick;
2) MF #1025, Peace Haven Estates - Robert L. Parsons Living Trust; and 3) Hearing to Consider Appeal
of Decision of the Board of Directors of Beebe Draw Farms Metropolitan District No. 1 Regarding the
Granting of a Petition for Exclusion of Certain Property (2,266.118 acres owned by REI, LLC).
Commissioner Conway 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.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the Public Lands Bill, which
includes the Rocky Mountain National Park Wilderness Bill, did not pass. He stated he had a lengthy
conversation with Congresswoman Markey regarding the Bill, and she is investigating how she may alter
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the language pertaining to water in the Bill. Commissioner Conway stated an unrelated issue, a Gun Bill,
is currently delaying the Public Lands Bill, and the longer the Gun Bill is being considered by Congress,
the better the chances are for the Public Lands Bill being amended before it is considered. He stated
Congress reconvenes this week and the Board will continue to work with Congresswoman Markey and
Senator Udall to amend the language pertaining to water in the Rocky Mountain National Park Wilderness
Bill.
In response to Commissioner Conway, Commissioner Kirkmeyer stated she and Bruce Barker, County
Attorney, testified regarding the Emissions Bill last Thursday. She stated the Department of Public Health
and Environment submitted a new map as part of a proposed amendment, which includes the Cities of
Greeley, Brighton, Fort Lupton, the Towns of LaSalle, Windsor, Evans, Severance, and Lochbuie, and the
1-25 Corridor area. She further stated the amendment also proposed delaying the Program start date by
one year, and the amendment passed. Commissioner Kirkmeyer stated the amendment she and
Mr. Barker presented, L006, which was introduced by Senator Renfroe and regarding municipal
boundaries, did not pass. Commissioner Conway thanked Commissioner Kirkmeyer and Mr. Barker for
their efforts in regards to the Emissions Bill.
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 of the Department of Human Services, stated the grant
application was reviewed at a work session conducted by the Board, and the amount being requested is
$12,000.00 for a period commencing July 1, 2009, through June 30, 2010. Ms. Griego stated the funds
will allow the Ombudsman Program to provide Elder Abuse Prevention classes to long term care staff,
continue the Long Term Care Friendly Visitor Program, and maintain and strengthen the Volunteer
Ombudsman Program. She stated the application due date is March 2, 2009. Commissioner Conway
moved to approve said grant application and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER AMENDMENT TO ADDENDUM FOR AGREEMENT TO PURCHASE OUT OF HOME
PLACEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - SHILOH HOUSE: Ms. Griego stated the
amendment was reviewed by the Board at a work session conducted on February 10, 2009, and it is to
decrease the number of beds guaranteed at Longmont Shiloh House. She stated the term of the
agreement is July 1, 2008, through June 30, 2009. In response to Commissioner Conway, Ms. Griego
clarified the decrease is being requested because Weld County is not using all of the beds allocated for
the Department of Human Services. Commissioner Rademacher moved to approve said amendment and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER GRANT CONTRACT FOR ACCESS TO HEALTH, EXPANDING CHILDREN'S ACCESS, AND
OUTREACH AND ENROLLMENT PROGRAM AND AUTHORIZE CHAIR TO SIGN - THE COLORADO
TRUST: Dr. Mark Wallace, M.D., Director of the Department of Public Health and Environment, stated the
grant contract was discussed at a work session with the Board on February 12, 2009, and it is regarding
uninsured and under -insured children. Dr. Wallace stated the contract involves a collaborative effort on
the part of various organizations to expand access to health care for uninsured and under -insured children
in the southwest part of Weld County. He stated the amount of the contract is not to exceed $100,000.00,
for each of three years, to work with public, preventative, medical, oral, and mental health community
agencies in the area to expand children's access to health care. Dr. Wallace stated the goal is to have a
fully self -sustained Program within three years; therefore, ongoing funding will not be required. In
response to Don Warden, Director of Finance and Administration, Dr. Wallace stated the Program will help
more children to obtain medical coverage, since many of the medical groups in the southwest part of Weld
County that accept Medicaid and the "S" Chip have reached their capacity and are no longer accepting new
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clients. Commissioner Kirkmeyer moved to approve said grant contract and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER CHAPTER GRANT AGREEMENT FOR PRENATAL NUTRITION EDUCATION CLASSES
AND AUTHORIZE CHAIR TO SIGN - MARCH OF DIMES BIRTH DEFECTS FOUNDATION: Dr. Wallace
stated the agreement is with the Colorado March of Dimes Birth Defects Foundation, to provide prenatal
educational classes in ten high schools in Weld County, and it was discussed at a work session with the
Board on February 12, 2009. He stated the grant is in the amount of $3,000.00, to purchase materials,
curriculum, and food items to be prepared in the classes, and the grant is for a period of January 1, 2009,
through December 31, 2009. He stated Weld County will be working collaboratively with the University of
Northern Colorado (UNC); Weld County School District 6; and the Expanded Food and Nutrition Education
Program (EFNEP), administered through Colorado State University (CSU). In response to Chair Garcia,
Dr. Wallace stated the Program has materials directed toward fathers as well as for mothers.
Commissioner Conway moved to approve said grant agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 29 (71ST AVE.) AND AUTHORIZE CHAIR TO SIGN - LOW ELL -PAUL DAIRY,
INC.: Leon Sievers, Department of Public Works, stated this is the first of three parcels to be acquired for
the County Road 29 (71st Avenue) Project with the City of Greeley, and the property is located east of the
intersection of 71st Avenue and O Street. He stated the County is acquiring .008 acres, which is 368
square -feet of right-of-way for $500.00, and there are no other costs associated with the acquisition. In
response to Commissioner Conway, Mr. Sievers stated Lowell -Paul Dairy, Inc., is a willing seller.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 31 BETWEEN CRS 16 AND 18: Janet Carter, Department
of Public Works, stated the closure will commence March 2, 2009, through March 6, 2009, for a culvert
replacement. Ms. Carter stated a 30 -inch CMP pipe is being replaced with a 36 -inch RCP pipe, and road
signs, barricades, and message boards will be used to advise drivers of the closure. She stated the detour
route will be on paved roads; therefore, no dust abatement measures will be required. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CR23AND US HIGHWAY 85, AND CR 25.5
BETWEEN CRS 26 AND 28: Ms. Carter stated a student who attends Colorado State University (CSU)
has requested the use of County Roads 28 and 25.5 for a film he is producing for his doctoral thesis. She
stated the Sheriff's Office and various police departments have been contacted by the student to perform
traffic control for the road closures, and closure will commence March 1, 2009, for a period of several
hours. In response to Commissioner Conway, Ms. Carter stated the film is not about roads; however, she
is unsure of the film's content. She clarified there will be a dialogue scene filmed near the roads. In
response to Chair Garcia, Ms. Carter explained the student is a film major and the film will likely be
distributed; however, she is unsure of the film's specific content and has not read the script. Chair Garcia
stated he is interested in hearing the topic of the film. Ms. Carter stated she will investigate the matter.
Commissioner Long moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
KRISTEN MAURER: Commissioner Kirkmeyer moved to appoint Kristen Maurer as a Deputy District
Attorney and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
Minutes, February 23, 2009 2009-0484
Page 3 BC0016
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-2, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-2 by title only.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Bruce Barker, County Attorney,
read the Ordinance into the record. Mr. Barker stated the sole change to the first reading of the Ordinance
in the was the cost regarding mineral leases was changed from $10.00 per acre, to $25.00, and there are
no changes to be presented for the second reading. There was no public testimony. In response to
Commissioner Conway, Mr. Barker stated he has not received any public input regarding the Ordinance.
Commissioner Rademacher moved to approve Ordinance #2009-2 on second reading. Seconded by
Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-2 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:26 a.m.
BOARD OF C TY COMMISSIONERS
W E,D O,$NCOLORADO
L
William F. Garcia, Chair
ATTEST:
Weld County Clerk to the Bo
2
BY:
Clerk to the Bo. rd
Douglas Rademacher, Phi o-Tem
e--
David E. Long
aarb Kirkmeyer
Minutes, February 23, 2009 2009-0484
Page 4 BC0016
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