HomeMy WebLinkAbout20093175.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 7, 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, December 7, 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, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of November 30, 2009, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to insert new Items of Business #6
and #7, and renumber the remaining items of business accordingly. Commissioner Conway seconded
the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
NEW BUSINESS:
CONSIDER COLORADO PREVENTION PARTNERS PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL HEALTH: Judy Griego, Director,
Department of Human Services, stated the Department acts as the fiscal agent of the Colorado
Prevention Partners Plan and Agreement, North Range Behavioral Health acts as the Program
Administrator, and the Juvenile Assessment Center, acting as the Interagency Oversight Group,
provides the oversight for this project. She clarified the agreement provides funding, for an amount not
to exceed $148,704.00, and the primary focus of the funding will be the employment of a Project
Coordinator, employed by North Range Behavioral Health, survey expenses, and related operating
expenses. She indicated the term of the agreement is September 30, 2009, through June 30, 2010. In
response to Commissioner Rademacher, Ms. Griego confirmed the fringe benefits include health
insurance and other benefits, which comprise approximately 28 percent of the salary costs.
Minutes, December 7, 2009 2009-3175
Page 1 BC0016
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF FOOD PREPARATION
SERVICES AND AUTHORIZE THE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO:
Ms. Griego stated this agreement is for calendar year 2010, for the Senior Nutrition Program. She
confirmed the rates are comparable, at a rate of $5.00 for a complete meal, including milk.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Commissioner Long seconded the motion, and it carried unanimously.
CONSIDER AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF FOOD
PREPARATION SERVICES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN
COLORADO: Ms. Griego stated it is a requirement that all vendors which have received funding
through the American Recovery and Reinvestment Act (ARRA) must amend any current agreements to
include the guidelines adopted by ARRA. She clarified the University of Northern Colorado previously
received ARRA funds which were utilized to purchase meals for the Senior Nutrition Program.
Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER NINE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements are for grant awards, in the amount
of $500.00 each, for nine local senior or community centers, which she named for the record. She
clarified the funds must be expended by June 30, 2010, and each entity has provided a brief description
of how the funds are expected to be utilized to promote the wellness of senior citizens. Commissioners
Rademacher and Kirkmeyer expressed concerns regarding the equality of the amounts for the various
centers, and indicated the Tri-Town Senior Center should have received an amount of $1,500.00, since
it serves three different communities. In response, Ms. Griego confirmed each entity completed an
application for the maximum grant amount of $500.00, and the overall amount of funds available were
not pro -rated for each center based upon the number of people served at the center. Commissioner
Kirkmeyer clarified it would be a good idea to provide an additional amount of funds to the centers
which provide services to a larger amount of people. Responding to Commissioner Kirkmeyer,
Ms. Griego confirmed the Tri-Town Center provided a description of how the additional funds of
$500.00 will be utilized, which includes sending out flyers and news articles to promote senior dance
classes. She confirmed she will take the comments of the Board into consideration next year during
the planning process for these additional grant funds. In response to Commissioner Conway,
Ms. Griego reiterated each entity outlined the way it intended to create wellness opportunities for senior
citizens within its community, and the Platteville Senior Center plans to utilize the funds to sponsor the
cost of a yoga instructor to teach yoga classes for senior citizens. Commissioner Conway expressed
his concern regarding the division of the funds, and indicated it does not seem fair that all of the entities
are receiving the same amount of funding. Responding to Chair Garcia, Ms. Griego indicated several
other area senior centers may also still apply for the funding, and it is possible that the Board will review
several more requests before the end of the year. She confirmed she will review the matter with staff
and inform the Board how many agreements may be coming forth. Commissioner Rademacher moved
to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR STORAGE SPACE AND AUTHORIZE CHAIR TO SIGN -
NORCO ATHLETIC, INC.: Ms. Griego stated the Lease Agreement is on behalf of the Family
Educational Network of Weld County, which will now lease the entire square footage of 5,200 feet for
storage purposes. She indicated the total amount of rent will be $37,916.58, for a period of
December 1, 2009, through December 31, 2012, and the monthly lease amounts will increase in June,
2010, and January, 2011. She confirmed the Department is obligated to pay the monthly rent amount
Minutes, December 7, 2009 2009-3175
Page 2 BC0016
for the month of December, 2009, until the program is transitioned to the new agency. In response to
Commissioner Rademacher, Ms. Griego indicated the County will be responsible for liability, in relation
to any damage incurred by floods, etcetera, and the building will only be utilized for the storage of toys
and supplies. Further responding to Commissioner Conway, Ms. Griego confirmed the agency to which
the program is transitioning to in January, 2010, has indicated concurrence with the lease agreement.
Commissioner Conway moved to approve said lease agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #1 FOR CORE IMMUNIZATION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and
Environment, stated supplemental funds have been made available to help support the immunization
program which is focused primarily on reducing morbidity and mortality of infectious diseases within
children. He indicated an amount of $34,926.00, which is all federal funds, will be allowed to be utilized
within the immunization program for a term of November 15, 2009, to December 31, 2009. He
confirmed the Department will utilize the funds to conduct reminder activities, support and direct the
administration of vaccinations for children, and to ensure all practices of the Department are in
compliance. Commissioner Rademacher indicated he appreciates the information Dr. Wallace
provided during the work session concerning this matter, and he moved to approve said amendment
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER TASK ORDER AMENDMENT #2 FOR CORE SERVICE IMMUNIZATION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the amendment is very similar to the
previously discussed item, and supports the same services; however, this amendment is for additional
funds to be utilized within the 2010 calendar year. He clarified Weld County will be reimbursed an
amount not to exceed $78,550.00, of which $64,350.00 is federal funding, and $14,200.00 is provided
by the State of Colorado. He further clarified these funds are originated from a source which is not a
risk for future reductions by the State to balance the State Budget. Commissioner Conway moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER AMENDED BYLAWS FOR WELD COUNTY BOARD OF PUBLIC HEALTH AND
AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the Board of Public Health
reviews many items within its hearings, and the additional language to the Bylaws will now allow the
Board to consider routine items of business within a Consent Agenda, much like the Planning
Commission does. He confirmed the changes have been approved by the Board of Public Health, and
the Board of County Commissioners must also provide approval. In response to Commissioner
Conway, Mr. Barker confirmed a matter may be heard within the hearing, at the request of two of the
Board members. Commissioner Rademacher moved to approve said amended bylaws. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Mr. Barker stated
the application is for a dance hall license for the calendar year 2010, and he clarified the Board typically
receives several of these types of applications within the month of December. He indicated this
establishment recently renewed its liquor license, and he recommended approval. Commissioner Long
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - EATON COUNTRY CLUB: Mr. Barker stated this item is similar to the
Minutes, December 7, 2009 2009-3175
Page 3 BC0016
previously discussed item. Commissioner Conway moved to approve said application and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
MICHAEL AND SANDRA PALLOTTO: Leon Sievers, Department of Public Works, stated this is the
first of seven parcels to be acquired for the County Road 13 project, between County Road 54 and U.S.
Highway 34. He indicated the Department will acquire 0.046 acres of right-of-way, for an amount of
$552.00, which is based upon an appraisal report prepared by Foster Valuation Company, at a value of
$12,000.00 per acre. He confirmed the property owner was a willing seller, and there are no damage
costs associated with this property, therefore, the total compensation to the landowner will be in the
amount of $552.00. In response to Commissioner Kirkmeyer, Mr. Sievers indicated no construction
work will begin on this project until Spring, 2010.
Commissioner Kirkmeyer indicated the last sentence of paragraph one states, "This consideration is
being offered in lieu of condemnation.", and she would like this language to be deleted from the
agreement since it appears to be threatening language. She further indicated paragraph three states,
"County agrees to pay the costs of title insurance and recording fees, if necessary as determined by
County.", and the language should be reworked to indicate if title and recording fees are necessary, the
County will cover the associated costs. Mr. Barker concurred with the clarification of paragraph three.
Chair Garcia expressed his concern regarding the need for this property owner to resign the agreement
once it is amended. In response, Mr. Sievers confirmed the landowner was a willing seller, therefore,
he does not anticipate any concerns. Mr. Barker indicated these changes will also need to be
incorporated into the standard form of the agreement for future properties.
In response to Commissioner Conway, Mr. Barker indicated the last sentence of paragraph one was
added to the document for tax purposes, so that the amount received by the landowner is not
considered to be taxable. Commissioner Kirkmeyer indicated if the property is considered to be
damaged, there will not be any taxes; however, if the landowner is selling the property and making a
profit, the amount will be taxable. She confirmed she believes the mention of condemnation within the
agreement could be viewed as threatening to the landowner, therefore, she does not believe the
language should be included within the agreement. Ms. Sievers clarified that in many instances the
property owner has requested this language within the document because it is the only way to receive a
tax break. Commissioner Conway concurred with Mr. Sievers and indicated this language is the only
way a property owner can make proof to the Internal Revenue Service (IRS), and if a property owner
requests that the language be included, he is fine with the language remaining within the document.
Mr. Sievers clarified the language has been included within the standard form and this property owner
did not specifically request the language be included; however, this property owner was not offended by
the inclusion of the language. Commissioner Conway expressed his concern regarding negative tax
impacts for willing sellers, and he concurs with the thoughts presented by Commissioner Kirkmeyer;
however, this language may need to remain within the standard form.
Commissioner Kirkmeyer clarified only the difference between the amount offered by the County and
the amount of an independent appraisal may be omitted from payment of property taxes, and she
would like for staff to ensure that any letters or correspondence sent to the property owner do not
contain any language which could be construed as threatening or intimidating. Mr. Sievers confirmed
the documents sent by the Department contain the same language drafted by the State, and the
documents are not allowed to contain any type of threatening language. Mr. Barker clarified the use of
condemnation powers may be part of the process, and if an agreement is not reached with a property
owner, after the issuance of an intent letter and an offer letter, the Department has the right to begin the
condemnation process. He confirmed the language has been included within the standard form of the
agreement at the request of many of the previous property owners; however, questions still remain
Minutes, December 7, 2009 2009-3175
Page 4 BC0016
regarding the ability to claim tax deductions under the new IRS rules. He confirmed it is the
responsibility of the property owner to research the rules and regulations, and Commissioner Conway
concurred. Mr. Barker explained it is not appropriate for Weld County to give any type of tax advice to
property owners, and Chair Garcia concurred. Commissioner Kirkmeyer stated if documentation is
provided that a specific property owner requested this specific language, she is fine with the language
remaining within the document. She indicated she has personally been involved with situations like
this, and the tax laws have changed so that property owners are only able to claim tax deductions on
specific amounts, and she is against the County utilizing language concerning condemnation powers
when negotiations are taking place with the property owner, since it may be construed as threatening or
intimidating. She confirmed the agreement should not represent a situation which is not necessarily
correct.
Mr. Barker indicated when Mr. Sievers contacts the property owner to sign off on the amendment, he
will ask the property owner if the agreement is entirely understood, and provide a caution that these
funds are not considered to be income. In response to Chair Garcia, Mr. Barker recommended
approval of the agreement, and he indicated the modifications can be made and the property owner will
re-sign the agreement. Mr. Sievers clarified the attorney of one of the landowners he recently
negotiated with indicated to him that the language was necessary to be included, and the landowner is
able to claim the amount provided as fully deductible, so long as a separate appraisal was secured.
Commissioner Kirkmeyer stated there are many unknown factors regarding this process; however, she
is comfortable with the recommendation made by Mr. Barker, and it is necessary for staff to consider
how property owners are contacted regarding the possession of their property prior to negotiations.
Chair Garcia clarified he believes staff will amend future documents appropriately, based upon the
discussion held today. Commissioner Conway moved to approve said agreement, to be appropriately
amended by Mr. Barker, and authorize the Chair to sign any necessary documents. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
DAVID AND LYNN MCDONOUGH: Mr. Sievers stated this is the second of seven parcels to be
acquired for the same project mentioned in the previous item of business. He indicated the property is
located on the west side of County Road 13, south of U.S. Highway 34. He stated the Department will
acquire 0.123 acre of right-of-way, in the amount of $1,584.00, which was based upon an appraisal
report provided by Foster Valuation Company. He confirmed there are no other costs associated with
this parcel, and this property owner was also very willing and accommodating during negotiations.
Commissioner Kirkmeyer moved to approve said agreement, to be appropriately amended by
Mr. Barker, as discussed within the previous item of business, and authorize the Chair to sign any
necessary documents. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 36 BETWEEN CRS 29 AND 31: Mr. Sievers stated
County Road 36, between County Roads 29 and 31, will be closed for a period of four days for the
purpose of re -decking a bridge. He indicated the detour route is three miles of gravel roads, and water
will be utilized for dust control, if necessary. He stated the average daily traffic count in the vicinity is
approximately 179 vehicles. Commissioner Rademacher moved to approve said temporary closure.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER COURT SECURITY GRANT AWARD AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY - COLORADO OFFICE OF THE STATE COURT ADMINISTRATOR COURT
SECURITY CASH FUND: Monica Mika, Director of Administrative Services, stated grant funds, in the
amount of $115,968.00, have been received and will be utilized to increase security measures for the
Courthouse. She confirmed Chair Garcia will submit the document electronically. In response to
Commissioner Conway, Ms. Mika confirmed additional training will be provided for security guards who
Minutes, December 7, 2009 2009-3175
Page 5 BC0016
are posted at Plaza West, as well as other security stations. In response to Commissioner Kirkmeyer,
Ms. Mika confirmed this matter was reviewed at a previous work session, and a list of prioritized
projects was reviewed at that time. Commissioner Conway moved to approve said grant award, and
authorize the Chair to sign and to submit electronically. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER AGREEMENT FOR SECTION 5311 AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF TRANSPORTATION: Barb Connolly, Controller, stated grant funds are provided by
the Colorado Department of Transportation to be utilized for operation costs for the County
Transportation Unit Program. She confirmed the County has been a recipient of the grant funds for a
number of years, and a slight increase of funds was provided this year, which covers the needs of the
Transportation Unit Program. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENTS TO AREA AGENCY ON AGING: Commissioner Conway moved to
appoint George Conger, Linda Kautz, Dona Mason, and Kynda Wolfrum to the Area Agency on Aging.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER DIRECTING THE CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE NO. 242-B SUPPLEMENTAL APPROPRIATION FOR 2009: Commissioner Kirkmeyer
moved to approve said direction. Seconded by Commissioner Rademacher, the motion carried
unanimously.
PLANNING:
CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1114 - PYRENEES PROPERTIES, LLC, C/O CHRISTINE
WENRICK: Chris Gathman, Department of Planning Services, stated Christine Wenrick has submitted
a request for a three-year extension of time to complete the Conditions of Approval for the Hollis
Crossing Estates PUD. He clarified Ms. Wenrick is not able to proceed, due to financial concerns, and
due to the current economic conditions, the Department supports the request. In response to Chair
Garcia, Mr. Gathman indicated the Board has previously approved requests for one-year and two-year
extensions; however, this is the first consideration of a three-year request. Responding to
Commissioner Kirkmeyer, Mr. Gathman confirmed he is not familiar with this case, therefore, he is not
sure how much progress has been made at the site. Commissioner Rademacher indicated he is not
comfortable with granting a three-year extension, and Chair Garcia concurred. Commissioner
Rademacher indicated he understands the current economic concerns, and he proposed approving a
two-year extension, and the Board concurred. Commissioner Rademacher moved to partially approve
said request, by granting a two-year extension to March 28, 2011. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT (ON -SITE ONLY) FOR AMENDED SITE PLAN
REVIEW, AMSPR #379 - BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2: Mr. Barker
stated this is the agreement that staff has been working on for the purpose of District No 2 installing a
sport court within the development. He clarified when the improvements are completed, it will become
a public improvement of the District, therefore, the collateral process has been modified since the
County cannot collect collateral from a public entity. He indicated the representatives of the District
have provided a sufficient amount of security to ensure through the agreement that the improvements
will be adequately completed. MaryAnn McGeady, Attorney, represented the District and introduced
George Barrett and J.L. Walker. Mr. Walker clarified this is a simple project to install a concrete slab to
be utilized as a tennis court and basketball court, and a putting green will also be constructed. He
confirmed he has been working with staff from the Department of Public Works regarding the detention
pond on the site, and Ms. McGeady indicated the related landscaping requirements and sidewalk
Minutes, December 7, 2009 2009-3175
Page 6 BC0016
modifications have also been discussed with staff. In response to Commissioner Kirkmeyer,
Ms. McGeady confirmed the District has an adequate supply of funds for this project within the 2009
Budget, which will carry forward to the 2010 Budget; the necessary bids have been completed; and the
proper agreements are ready to be executed, upon approval of the improvements agreement.
Mr. Walker clarified the contracts resulting from the bid process are ready for signature; however, the
actual construction work will begin depending on weather conditions. Ms. McGeady confirmed the
commitment of the District to have all of the improvements completed by April, 2010. Mr. Walker
clarified the project is actually quite simple; however, some the landscaping requirements will not be
able to be completed until spring weather arrives. Commissioner Kirkmeyer moved to approve said
agreement. Seconded by Commissioner Rademacher, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-12, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS,
OF THE WELD COUNTY CODE (TO BE CON'T TO 12/21/2009): Commissioner Rademacher moved
to read the second reading of Ordinance #2009-12 by title only. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously. Mr. Barker read said title into the record. Ken Swanson,
Building Official, indicated a continuance is requested so that staff may collect the necessary data
previously requested by the Board. Commissioner Kirkmeyer moved to continue the second reading of
Ordinance #2009-12 to December 21, 2009. Seconded by Commissioner Conway, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-12 was continued on second reading to December 21, 2009.
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 10:00 a.m.
ATTEST:
ELS/
Weld County Clerk to the Boa
BY:
De
to the
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ia, Chair
Dougla
C
ea P. onway
j / y
ara'ir meyer
EXCUSED DATE OF APPROVAL
David E. Long
Minutes, December 7, 2009 2009-3175
Page 7
BC0016
Hello