HomeMy WebLinkAbout20092818.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 26, 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, October 26, 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-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 October 21, 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 October 20, 2009, as follows: 1) Violation Hearings; and on October 21, 2009:
1) USR-1707 — Joel Mendez; 2) AmUSR#861 and USR-1712 — Bringleson Ranch, LLC, c/o Petro -
Canada Resources (USA) Inc.; and 3) USR-1710 — Tanner and Sarah Hill/ Dwight and Lee Hill.
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 Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
Minutes, October 26, 2009 2009-2818
Page 1 BC0016
BIDS:
PRESENT BID #60900160, HEAD START PHONE AND TECHNOLOGY SERVICES - DEPARTMENT
OF HUMAN SERVICES: Monica Mika, Director of Administrative Services, stated there are various
components to this bid; however, originally staff thought it was only for cabling; therefore, a work
session will be conducted to clarify the needs of the Department. Said bid will be presented for
approval on November 9, 2009.
PRESENT BID #60900161, ONE (1) THREE -TON CRANE FOR MOTOR POOL - FLEET
MAINTENANCE BUILDING - DEPARTMENT OF PUBLIC WORKS: Ms. Mika recommended
emergency approval of this bid because this equipment is used to position the snow plows and it is
approaching the snowy season. She recommended acceptance of the low bid. In response to
Commissioner Conway, Ms. Mika stated the new equipment will not be delivered before the snowstorm
which is anticipated on Wednesday, since delivery of the equipment will take approximately three days.
In response to Commissioner Rademacher, Ms. Mika stated the reason the current equipment is being
replaced is because it is not stable; therefore, it creates safety concerns. Commissioner Long moved
to approve said low bid from Kone Cranes, in the amount of $30,682.00, based on staff's
recommendation. Commissioner Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER 2010 IMPLEMENTATION GRANT APPLICATION FOR LIVEWELL WELD COUNTY
PROJECT AND AUTHORIZE CHAIR TO SIGN — LIVEWELL COLORADO: Dr. Mark Wallace, M.D.,
Director, Department of Public Health and Environment, stated the transition from the Steps to a
Healthier Weld County Program to the LiveWell Colorado Program has been discussed in several work
sessions and this is the last year the County will be eligible for this type of funding. Dr. Wallace stated
the LiveWell Colorado Program will build on the success of the Steps to a Healthier Weld County
Program, which focused on reducing obesity, increasing physical activity, and increasing access to
healthy foods. He stated the total amount being requested for the year 2010 is $99,978.00, and the
Department will be reducing staff in the Program. He further stated the Program will need to be
completely integrated or sustained through other agencies. Dr. Wallace stated the Program will
continue to focus on providing access to healthy food; integration of health/wellness in schools,
particularly early childhood; work -site wellness and healthy behaviors; and creating an active
community environment by increasing people's access to physical activity. He stated there are
matching contributions and donations from various Coalitions and work groups, the University of
Northern Colorado, and the City of Greeley, for a total amount of $292,866.00, to be dedicated to the
Program. Dr. Wallace stated the Program is largely focused on reducing obesity and preventing
cardiovascular diseases, and the priority areas will hopefully be continued in the participating work
places and be integrated into the school districts.
Chair Garcia inquired as to whether the Weld County Geographical Information Systems (GIS)
Department will be utilized to create the maps for the trails that a portion of the funding has been
dedicated to. Dr. Wallace stated the GIS Department will initially provide the mapping; however, other
groups may be designated to maintain the mapping and perform any proposed revisions. He stated the
group that will be maintaining the mapping will hopefully be established this year.
In response to Commissioner Conway, Dr. Wallace stated the funds which have been designated to
grocery stores are for the purpose of repositioning healthy products, for example, relocating healthy
products to the front of the store as alternatives to the soda displays. Dr. Wallace stated the funds will
be utilized to purchase educational materials to instruct the stores how to place healthy products in
locations where people are more likely to choose the healthy products, and a small amount of the funds
will be utilized as incentives for the stores to expose people to particular products. Responding to
Commissioner Conway, Dr. Wallace clarified the funds will not be used for payments to the stores for
Minutes, October 26, 2009 2009-2818
Page 2 BC0016
repositioning products; the funds will be used to purchase educational materials for the stores;
however, the stores will determine whether or not to incorporate the suggested changes. Dr. Wallace
stated numerous grocery stores have elected not to incorporate the proposed changes because soda
sales are profitable; however, the Program will continue to provide the stores with the educational
materials which demonstrate how consumers make choices based on convenience. He clarified the
incentives will be coupons for consumers to be able to try healthy products at discounted costs. In
response to Commissioner Conway, Dr. Wallace stated convenience stores are more likely to carry
products high in calories, fat, and sugar; however, if people seek healthier products in their
neighborhoods, it will change the demands at the convenience stores and the stores will begin to stock
more healthy products. He stated children are likely to buy items from convenience stores near the
schools on their lunch breaks; therefore, the Program will encourage those locations to offer healthy
selections. He further stated most of the stores have indicated when there is a change in consumers
demands, the stores will stock and supply healthier products; therefore, consumers need to request
healthier products. Commissioner Rademacher moved to approve said grant application and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DL PETERSON TRUST - PHH
CORPORATION (P1895001): Christopher Woodruff, Assessor, stated this petition is for personal
property which was leased in the Town of Kersey. Mr. Woodruff stated the leasing company recently
informed staff the property was sold prior to January 1, 2007; therefore, the tax assessments for Tax
Years 2007 and 2008 are invalid and refunds are recommended in the amounts of $1,343.33 for Tax
Year 2007 and $1,106.39 for Tax Year 2008. Commissioner Conway moved to approve said petitions
for refunds, in the amounts of $1,343.33 for Tax Year 2007, and $1,106.39 for Tax Year 2008.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DL PETERSON TRUST - PHH
CORPORATION (P3138705): Mr. Woodruff stated this petition is from the same company as the last
item of business and it is the result of the same situation. Mr. Woodruff clarified the property sold in the
year 2006; therefore, it is not assessable for Tax Years 2007 and 2008, and refunds are recommended
for Tax Year 2007, in the amount of $1,244.62, and Tax Year 2008, in the amount of $1,027.31.
Commissioner Rademacher moved to approve said petitions for refund in the amounts of $1,244.62 for
Tax Year 2007 and $1,027.31 for Tax Year 2008. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN CR 6 AND SH 52: Janet Carter,
Department of Public Works, stated the closure will commence November 2, 2009, through November
16, 2009, in order to upgrade culverts along County Road 23 in advance of an overlay project
scheduled to commence in the year 2010. Ms. Carter stated the average daily traffic count for County
Road 23 is 455 vehicles, according to a traffic count conducted in the year 2007. She stated the detour
route will be mostly paved; however, magnesium chloride will be utilized for dust control on County
Road 8, and message boards, road signs, and barricades will be utilized to advise drivers of the
closure. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING THE SALE OF A SMALL BUS
AND AUTHORIZE CHAIR TO SIGN — ELDERGARDEN ADULT DAY PROGRAM: Bruce Barker,
County Attorney, stated Cyndy Giauque, Assistant County Attorney, drafted this and the following
Memorandums of Understanding for the sale of two buses, in the amount of $5,000.00, for each bus.
Mr. Barker stated the County will be allowed to utilize the buses if they are needed for an event. In
response to Commissioner Rademacher, Mr. Barker stated the County will no longer have any liability
concerning the buses and it will no longer be providing insurance for the buses. Commissioner
Minutes, October 26, 2009 2009-2818
Page 3 BC0016
Rademacher moved to approve said Memorandum of Understanding and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING THE SALE OF A SMALL BUS
AND AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL HEALTH: Based on previous
discussion, Commissioner Long moved to approve said Memorandum of Understanding and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR EXTRAORDINARY MAINTENANCE AND EXTRAORDINARY SNOW
REMOVAL AND AUTHORIZE CHAIR TO SIGN - U.S. DEPARTMENT OF TRANSPORTATION:
Mr. Barker stated this agreement is with the U.S. Airforce and the Federal Highway Administration
regarding extraordinary maintenance and snow removal for the County roads which provide access to
two (2) missile sites. He stated the rates to be paid to the County are listed in the agreement, and the
funds will be provided to the State before being reimbursed to the County. Mr. Barker stated the
reimbursement amount will be $25,000.00 for the first year. Commissioner Rademacher inquired as to
whether $25,000.00 will be a sufficient amount to cover the County's costs.
Don Warden, Director of Finance and Administration, stated the cost has been sufficiently covered by
the reimbursement amount in the past. Mr. Warden stated that in some instances, the State
subcontracts a company to gravel the roads.
Curtis Hall, Department of Public Works, stated the rate is for general maintenance and the County
needs to keep the roadways open for its own purposes, regardless of the agreement. Mr. Hall stated
the County is able to charge for any extraordinary maintenance or snow removal it performs, for
example, if it is requested that the County utilize all of its resources to open a particular road, the
County will charge for the costs associated with the task. Commissioner Kirkmeyer inquired as to why
the County only charges the 3.5 percent interest rate. Mr. Warden stated 3.5 percent is higher than
most interest rates are presently. Commissioner Kirkmeyer stated it seems there would be an increase
in cost each year of more than 3.5 percent. Mr. Warden stated historically the costs have increased
approximately 3.5 percent, although the costs may have increased more than 3.5 percent in the years
that fuel prices have significantly increased; however, this year the amount should be more than
sufficient. In response to Commissioner Kirkmeyer, Mr. Warden confirmed the agreement will allow the
U.S. Airforce to perform snow removal on County roads; however, the U.S. Airforce has previously
been able to do so and it has hired subcontractors to perform snow removal and to gravel the roads at
times. Mr. Warden stated one year the County received approximately $500,000.00 worth of gravel as
a result of a similar agreement. In response to Commissioner Kirkmeyer, Mr. Barker stated there is no
reason to be concerned about the roads being neglected. Commissioner Kirkmeyer stated the
agreement indicates the U.S. Airforce and the Federal Highway Administration can audit the County's
records; however, they should retain all of the agreements and billing statements in their own records.
Mr. Warden stated the ability to audit the County's records is typical of most agreements and the
County retains all of its agreements as a matter of public record; therefore, the agreements may be
reviewed regardless of the language in the agreement concerning an audit. Responding further to
Commissioner Kirkmeyer, Mr. Warden stated if billed for extraordinary maintenance, the U.S. Airforce
and the Federal Highway Administration will be able to confirm the costs are accurate if necessary.
Mr. Warden stated he does not recall the U.S. Airforce or the Federal Highway Administration ever
reviewing the costs in the County's records; however, it will not be a problem if they choose to do so.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORTS AND CERTIFICATIONS OF
PAY AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated these reports are an administrative
requirement in order for the County to receive funding from the State, in the amount of $400.00, per
Minutes, October 26, 2009 2009-2818
Page 4 BC0016
month. Commissioner Kirkmeyer moved to approve said monthly reports and certifications of pay and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO WITHDRAW USR-1200 FOR A CEMENT TRANSFER FACILITY -
DACOTAH CEMENT: Chris Gathman, Department of Planning Services, stated in December, 1998,
Use by Special Review (USR) #1200 was approved for a cement transfer facility; however, the current
property owners are presently applying for a USR permit for a kennel facility on the site, which will be
considered by the Board in the near future. Mr. Gathman stated a request to withdraw the application
for USR #1200 was submitted by Thomas Merrigan, representative for Dacotah Cement, dated
November 20, 2001, and a plat was never recorded; however, the formal action to withdraw the USR
still needs to occur. Commissioner Conway moved to approve said request to withdraw Use by Special
Review #1200 for a Cement Transfer Facility. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN
FOR CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC: Kim
Ogle, Department of Planning Services, stated Change of Zone, PZ #1071, was approved on
October 19, 2005, and Fred Kelly, Mead Crossings, LLC, has requested a one-year extension for
submittal of the final plat, this will be the second extension he has requested, and staff supports the
request. Commissioner Rademacher moved to approve said request to extend the deadline for the
submittal of the Final Plan for Change of Zone PZ #1071 to October 26, 2010. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAT
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1048, MOOREA MANOR NORTH - WELD
45 ACRE, LLC: Mr. Gathman stated the Board approved Planned Unit Development Plan, PF #1048
on November 5, 2008, and Weld 45 Acre, LLC, has requested a two-year extension to record the final
plat, in order to obtain a surety bond for the collateral, and staff supports the request.
Lee Petrides, Weld 45 Acre, LLC, stated the company is having a difficult time obtaining a surety bond
due to the current economic climate, and he intends to re-evaluate the situation in May, 2010, in order
to determine whether it is possible to move forward at that time. In response to Commissioner Conway,
Mr. Petrides stated the extension deadline should be a sufficient period of time since Weld 45
Acre, LLC, has the funding to make the necessary improvements and is simply in need of obtaining the
surety bond, in order to meet the County's needs. In response to Commissioner Rademacher,
Mr. Gathman stated he is unsure whether there is a time limit listed in the Weld County Code as to the
amount of time the Board is able to grant an extension. Mr. Gathman stated the Code specifies a
process for the applicant to request an extension, if it has been more than one year since the date of
approval. Responding to Commissioner Rademacher, Mr. Barker stated the Board typically grants
one-year extensions; however, it granted another two-year extension recently. Commissioner
Rademacher moved to approve said request to extend the deadline for the submittal of the Final Plat
for Planned Unit Development Final Plan, PF #1048, to October 26, 2011. 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.
Minutes, October 26, 2009 2009-2818
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:37 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST:
Weld County Clerk to the Board
BY'
_ i jLi qi [ON
Dept ty Clerl to the Board
Minutes, October 26, 2009 2009-2818
Page 6 BC0016
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