HomeMy WebLinkAbout20090175.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 19, 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, January 19, 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 January 14, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on January 14, 2009, as follows: 1) Violation Hearings; and on January 14, 2009: 1) USR
#1677 - High Plains Disposal, Inc. Commissioner Rademacher 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 Kirkmeyer seconded the motion, and it carried unanimously.
2009-0175
BC0016
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - MAYDEAN WORLEY: Chair
Garcia read the certificate into the record, recognizing Maydean Worley for 20 years of service with the
Department of Human Services. Judy Griego, Director of the Department of Human Services, expressed
her appreciation for Ms. Morley's passionate service, and stated Ms. Worley has been a leader in her field
and is well respected. Nancy Lenling, Department of Human Services, stated she has been Ms. Worley's
supervisor for most of Ms. Worley's employment and Ms. Worley possesses a lot of valuable knowledge.
Ms. Worley stated she has enjoyed working with her colleagues and strived to always do her best while
working for the County, and in her final year of service she completed the most orders, modifications, and
paternities in the Department. Chair Garcia stated Child Support is a difficult department to work for at
times because one deals with the heightened passions individuals have concerning children; however, it
is important work, and he thanked her for dedicating 20 years of service to the Department. Commissioner
Conway thanked Ms. Worley for her dedicated service and hard work.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER APPLICATION FOR STATE TOBACCO EDUCATION AND PREVENTION PARTNERSHIP
GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public
Health and Environment, stated the grant supports one of the Department's core programs, the Weld
County Tobacco Education Program, and the effects of tobacco use are the largest public health
challenges in the United States presently. Dr. Wallace stated last year the County dramatically revised
its Tobacco Education Program and re-evaluated which areas to dedicate its State awarded funds to. He
stated the term of the grant will be for a period from July 1, 2009, through June 30, 2010, and the
strategies proposed for the Program are consistent with what the Board requested after an intensive review
of the Program last year. Dr. Wallace stated the amount being requested is $235,218.00 to support
activities, which largely work through community partnerships, to reduce the number of youth and young
adults who initiate tobacco use, reduce exposure to second hand smoke, and to facilitate tobacco
cessation programs. He stated staff for the Program has been reduced to 2.5 FTE; however, he believes
the Program will be able to continue successfully through the established community partnerships.
Commissioner Kirkmeyer inquired where the funds come from for the grant. Dr. Wallace stated the funds
come from the State Tobacco Tax and it does not come from settlement funds. In response to Chair
Garcia, Dr. Wallace stated there has not been a work session conducted regarding the Program this year.
In response to Commissioner Conway, Dr. Wallace stated the application needs to be submitted by
Wednesday, January 21, 2009; therefore, a work session may be conducted tomorrow. Commissioner
Conway stated he would like to continue the matter, in order to learn more about the Program's previous
problems through a work session, and he moved to continue the matter to Wednesday, January 21, 2009.
Commissioner Rademacher seconded the motion, which carried unanimously.
TEMPORARY CLOSURE OF CR 26, BETWEEN CRS 13 AND 15: Wayne Howard, Department of Public
Works, stated the Saint Vrain Sanitation District has applied for a right-of-way use permit for the closing
of County Road 26 to install a new trunk line from the north to the south. Mr. Howard stated the closure
will be for a period from January 26, 2009, through February 2, 2009, and a 24 -inch sanitary line will be
installed. He stated the Saint Vrain Sanitation District will be responsible for the detour route and any
necessary dust control measures, and the detour route was submitted with the application. In response
to Commissioner Kirkmeyer, Mr. Howard stated there is only 60 feet of line to run; therefore, the closure
may take an even shorter period of time than is requested, and County Road 26 is a paved road. Further
responding to Commissioner Kirkmeyer, Mr. Howard stated the Saint Vrain Sanitation District will be
responsible for leaving the road in as good of condition as it was prior to the closure, the condition of the
road will be monitored, and there is a one year warranty period on most of these type of improvements.
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Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER REVISIONS TO RETAC BIENNIAL PLAN AND AUTHORIZE CHAIR TO SIGN: Dave
Bressler, Weld County Paramedic Service, stated at the end of each budget year any remaining funds the
Regional Emergency Medical and Trauma Services Advisory Council (RETAC) possesses is relinquished
to the County, due to a change made a couple of years ago at the request of the Board, in order to sustain
local projects through Emergency Medical Services (EMS) Councils. Mr. Bressler stated Larimer County
does not have an EMS Council; therefore, the funds are divided among the remaining ten counties. He
stated the amount to be relinquished this year is approximately $8,000.00, and approximately $5,000.00
will be used for public CPR training and the kits for each of the CPR class attendees, and the remaining
approximately $3,000.00 will be held for a supply refund process for the pads which are hooked up to
patients. Mr. Bressler stated the pads cost approximately $125.00 and even though the smaller agencies
receive many items at reduced costs, expendable products, such as pads and batteries, are costly and
utilize a large portion of their budgets; therefore, the Weld County Paramedic Service removes the data
from the machines and replaces the pads and the batteries, to prevent such items from expiring. He stated
the amount to be relinquished fluctuates each year and the amount will be presented to the Board each
year. Commissioner Rademacher moved to approve said revisions to the RETAC Biennial Plan and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COMFORT DENTAL: Christopher
Woodruff, Assessor, stated the petition is regarding a personal property valuation made in 2007, which
was mistakenly double assessed, once to the owner and once to the company leasing the property. He
stated it was properly assessed to US Bank Corporation, it is recommended that an abatement in the
amount of $1,687.28 be granted for Comfort Dental for 2007. Commissioner Conway moved to approve
said refund, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HAMPTON OWNED COLORADO,
LLC: Mr. Woodruff stated this petition is regarding the property where Albertson's was formerly located.
He stated a stipulation was entered into with the taxpayer, before the Board of Equalization, when the
valuation was protested in 2008. He stated at the time of the protest, the value was reduced from
$2,488,162.00, to $2,056,600.00, because the taxpayer's representative provided income information, and
the Assessor's Office must consider the cost, market, and income information when evaluating commercial
property. He further stated the taxpayer indicated due to the vacancies in the area, a loss in value
occurred, and the Department concurred and presented the matter to the Board of Equalization in 2008.
Mr. Woodruff stated a result of the determination made by the Board of Equalization for 2008, the tax payer
is requesting the 2007 valuation be reconsidered as well, and staff recommends a refund in the amount
of $9,457.22. Commissioner Rademacher moved to approve said refund, based on staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - PETRO-
CANADA RESOURCES (USA) INC.: Bruce Barker, County Attorney, stated Petro -Canada Resources
(USA) Inc. desires to enter into a small tract oil and gas lease for approximately one-half acre of land and
the Company has provided a check for $200.00, and will pay the County a landowners royalty rate of
twenty percent. Commissioner Rademacher moved to approve said small tract oil and gas lease and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT FOR
DISTRICT ATTORNEY VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN:
Joann Holden, District Attorney's Office, stated the Bail Board has given agencies an opportunity to obtain
Minutes, January 19, 2009 2009-0175
Page 3 BC0016
some equipment, and the Department is applying to obtain furniture for two new waiting room areas and
for two existing waiting rooms. In response to Commissioner Rademacher, Ms. Holden stated there is no
County match required to apply for this grant. Commissioner Conway moved to approve said application
and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER APPOINTMENT OF ASSISTANT DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- MICHAEL ROURKE: Mr. Warden explained Ken Buck, District Attorney, has begun a new term and he
is reappointing all of the Chief Deputy and Deputy District Attorneys. In response to Chair Garcia,
Mr. Warden stated every new term all of the District Attorneys must be reappointed. Commissioner Long
moved to approve said appointment of Michael Rourke as the Assistant District Attorney and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
APPOINTMENTS OF CHIEF DEPUTY DISTRICT ATTORNEYS AND AUTHORIZE CHAIR TO SIGN -
STEVEN WRENN, CHRISTIAN SCHULTE, MATTHEW MAILLARO, AND ROBERT MILLER:
Commissioner Conway moved to appoint Steven Wrenn, Christian Schulte, Matthew Maillaro, and Robert
Miller as Chief Deputy District Attorneys and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER APPOINTMENTS OF DEPUTY DISTRICT ATTORNEYS AND AUTHORIZE CHAIR TO
SIGN - C. BRENT KELLY, ANTHONY PEREA, ADAM ESPINOSA, MATTHEW PRING, BRANDI NIETO,
BRANDON LUNA, HOLLIE WILKINSON, JASON BERGEVIN, RICHARD WETMORE, BENJAMIN
WHITNEY, JENNIFER HILL, KENT LEIER, KATIE CONNER, MANUEL PELLICER, MILENA RODIONOV,
JASON WOLFE, RYAN FARR, AUDREY GALLOWAY, KATHARINE JOHNSON, JENNIFER
SCHNEIDER, EMELA BULJKO, SADIE MEDRANO, AND AUDRA RAY: Commissioner Rademacher
moved to appoint C. Brent Kelly, Anthony Perea, Adam Espinosa, Matthew Pring, Brandi Nieto, Brandon
Luna, Hollie Wilkinson, Jason Bergevin, Richard Wetmore, Benjamin Whitney, Jennifer Hill, Kent Leier,
Katie Conner, Manuel Pellicer, Milena Rodionov, Jason Wolfe, Ryan Farr, Audrey Galloway, Katharine
Johnson, Jennifer Schneider, Emela Buljko, Sadie Medrano, and Audra Ray as Deputy District Attorneys
and authorize the Chair to sign. Seconded by Commissioner Conway, 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, January 19, 2009 2009-0175
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
ATTEST:
Weld County Clerk to t
BY:
Deputy Cler o the Boa
BOARD FC U Y COMMISSIONERS
W) LDLCOLORADO
William F. Garcia, Chair
Conway
arara Kirkmeyer
David E. Long
Minutes, January 19, 2009 2009-0175
Page 5 BC0016
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