HomeMy WebLinkAbout20092238.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 24, 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 24, 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
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of August 19, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on August 19, 2009, as follows: 1) USR #1699 - Dennis and Denise Coyne; 2) USR
#1683 - Highland Ditch Company; and 3) 3rd AmUSR #1282 - John and Dorothy Johnson. Commissioner
Kirkmeyer 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.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER CONTRACT FOR PROMOTING RESPONSIBLE FATHERHOOD PROGRAM AND
AUTHORIZE CHAIR TO SIGN (CON'T FROM 8/19/09): Judy Griego, Director, Department of Human
Services, stated she requested a continuance at the Board meeting conducted on August 19, 2009, in
order to determine if the funding for the Promoting Responsible Fatherhood Program would be affected
by the funding cuts announced by the Governor, and she has discovered this Program has been
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refinanced and it will remain funded. Ms. Griego stated the contract will allow the Department to provide
Strong Fathers -Strong Families Workshops, to participate in CARES for Parents, which is appropriate
behavior management skills training, and the 12 -week 24-7 Dads classes. She stated the amount of the
contract will not exceed $16,100.00, and the term will commence October 1, 2009, through
September 30, 2010. Commissioner Rademacher moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER THREE AMENDMENTS TO COLORADO WORKS PROGRAM AGREEMENTS FOR
SERVICES AND LEASES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego
stated the amendments were presented at a work session conducted on April 27, 2009, and for the
purposes of adding a three percent Cost of Living Adjustment (COLA) to last year's contracts and for the
provision of laptop computers. She stated the amendments are to contracts with North Range Behavioral
Health, LifeBridge Christian Church, and Saint Vrain Valley School District RE -1J, and there are a couple
more providers that the Department is waiting for the amendments to be returned from. Chair Garcia
inquired as to whether the Department budgeted to include the three percent COLA. Ms. Griego stated
the three percent COLA was included in the budget; therefore, the amendments are only for clean-up
purposes, and some of the providers take a longer amount of time to approve and return the amendments,
particularly the School Districts. Commissioner Kirkmeyer moved to approve said amendments and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER 2009 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR TO SIGN: Christopher
Woodruff, Assessor.. stated the law requires that the 2009 Abstract of Assessment be submitted to the
Property Tax Administrator on August 25, 2009, and it will be considered by the State Board of
Equalization for certification in October, 2009. He indicated there are some changes to the numbers since
they were reported to the Board in July. 2009, because since that time, the County Board of Equalization
hearings have taken place and the Property Tax Administrator has completed the State Assessed Protest.
He stated the overall assessed value is $9,900,000 lower than it was in the July report, and the total
County assessed net value is $5,778,870,341.00, which is an overall increase in net value of 26.7 percent
to Weld County. Mr. Woodruff stated the Abstract of Assessment needs to be approved and signed before
he may forward it to the Tax Administrator. Commissioner Rademacher moved to approve the 2009
Abstract of Assessment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE, WITH
OPTIONAL PREMISES, AND AUTHORIZE CHAIR TO SIGN - EATON COUNTRY CLUB: Lisa Carpenter,
Sheriff's Office, stated she performed the liquor inspection and she did not find any problems, and the only
calls the Sheriff's Office has received to the facility have been for the alarm system. In response to Chair
Garcia, Bruce Barker, County Attorney, stated the optional premises mentioned are in reference to the golf
course. Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER COURT SECURITY GRANT APPLICATION 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 there was a work
session last week to discuss the items involved in this application, which includes metal detectors, security
cameras, padded holsters, glass plating, and plexiglass plating. Ms. Mika stated there is no County cash
match required for this grant. In response to Commissioner Rademacher, Ms. Mika stated there is no plan
to trade in the old security systems at this point, since the intent is to expand and enhance the security
system; however, at some point, some of the older items may be designated as surplus. Ms. Mika stated
the Sheriff's Office will have to carefully consider where the new equipment is to be placed, since
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personnel is required at the locations of the equipment, and the County does not intend to hire additional
staff. Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign and
submit electronically. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR ADDITION OF CONDITION OF APPROVAL #4.J.4 TO RECORDED
EXEMPTION #4924 - GREG AND PATTY REEVES: Chris Gathman, Department of Planning Services,
stated Recorded Exemption #4924 was approved on July 6, 2009, which allowed .10 of an acre to be
divided from the remaining property, in order for the Nunn Telephone Company to place an unmanned
phone equipment building on the site. Mr. Gathman stated subsequent discussions with the property
owners have resulted in the request for the following note to be placed on the plat: "Lot B of this Recorded
Exemption (RE -4924) is eligible for a future land exemption, and is not subject to the five-year time frame
referenced within Section 24-8-20.0.1 of the Weld County Code."
Greg Grablander, Nunn Telephone Company, stated the Company is placing a small equipment building
on the site, and it wants to own the property, as opposed to leasing it, to ensure there is no chance the
Company will be forced to vacate the site. Mr. Grablander stated Greg and Patty Reeves reside in North
Dakota and Mr. Reeves had explained to him that he wanted this note included; however, Mr. Grablander
did not fully understand the process. He stated he is simply trying to preserve the ability for the land
owners to sell additional property on the lot, since the Nunn Telephone Company is only utilizing .10 of an
acre of the total 133.81 acres included in the parcel. Commissioner Long moved to approve Condition of
Approval #4.J .4 to Recorded Exemption #4924. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED
USE BY SPECIAL REVIEW PERMIT #861 - PETRO-CANADA RESOURCES (USA) INC.: Kim Ogle,
Department of Planning Services, stated staff from the Departments of Planning Services and Public
Works have engaged in discussion with Petro -Canada Resources (USA) Inc., to establish the collateral
for a grading permit, which will be released prior to release of the Amended Use by Special Review permit,
and the amount which has been determined to be sufficient for the County to revegetate the area if the
Company is unable to complete the improvements is $10,000.00.
Rich Hastings, Department of Public Works, stated the site is located at County Roads 96 and 125, and
north of the Town of New Raymer. Mr. Hastings stated it is the site of the Lilli Gas Plant and was formerly
the Walsh site. He stated Petro -Canada Resources (USA) Inc., is improving the facilities, including
improving the access to and from the site. In response to Chair Garcia, Mr. Hastings confirmed the
collateral amount is sufficient. Commissioner Long moved to approve said agreement, authorize the Chair
to sign, and accept collateral for Amended Use by Special Review #861. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, S #554 - IDAHO CREEK, PHASE 2 - KB HOME OF COLORADO, INC.: Mr. Ogle stated
staff from the Department of Public works performed an inspection of the site during February, 2008, and
determined it is in compliance regarding all of the transportation elements. He stated staff from the
Department of Planning Services conducted an inspection of the site in May, 2009 and determined all of
the non -transportation items are complete; therefore, he recommends the full release of the collateral, in
the amount $18,230.00.
Mr. Hastings stated the property is located south of State Highway 119 and east of County Road 7.5, and
during this phase of the Project, there was a situation requiring that cracks in the asphalt be repaired,
Minutes, August 24, 2009 2009-2238
Page 3 BC0016
which has been successfully completed. Commissioner Long moved to approve said cancellation and
release of collateral for Planned Unit Development Final Plan, S #554. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, S#554 - IDAHO CREEK, PHASE 3 - KB HOME OF COLORADO, INC.:
Mr. Ogle stated the Departments of Planning Services and Public Works have inspected the site and have
determined that most of the improvements are complete; however, two trees have not been provided as
agreed to by KB Home of Colorado, Inc. He recommended the partial release of the collateral, in the
amount of $1,102,449.02, and 15 percent will be retained, in the amount of $194,549.83, for the one-year
warranty period.
Mr. Hastings stated there were some minor asphalt problems and KB Home of Colorado, Inc., has made
the necessary repairs, and if the repairs hold up, the remaining collateral will be released at the end of the
one-year warranty period. In response to Chair Garcia, Mr. Hastings stated the amount of collateral being
retained is sufficient. Commissioner Rademacher moved to approve said partial cancellation and release
of collateral for Planned Unit Development Final Plan, S #554. 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 9:23 a.m.
ATTEST: 1:44
Weld County Clerk to the Board
itt
Clerk
the Board
BOARD OF COUNTY COMMISSIONERS
✓'j\WE,LD,%OY, COLORADO
William F. Garcia, Chair
labrRadema her, Pro-Tem
EXCUSED
J S7 P. Conway
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arbaKirkr, Pc
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David E. Long
Minutes, August 24, 2009 2009-2238
Page 4 BC0016
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