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Home My WebLink About20093277.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 14, 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 14, 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, Esther Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of December 9, 2009, as printed. Commissioner Long seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Emergency Ordinances #242-B and #243 by tape. Commissioner Rademacher seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on December 8, 2009, as follows: 1) Violation Hearings. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add and insert the following under New Business and renumber subsequent items: 9) Consider Lease for Storage Space and authorize Chair to sign — NORCO Athletic, Inc. [2009-3280]. Commissioner Conway seconded the motion, which carried unanimously. 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. Minutes, December 14, 2009 Page 1 2009-3277 BC0016 NEW BUSINESS: CONSIDER AGREEMENT FOR DELIVERY OF HEALTHIER LIVING COLORADO PROGRAM AND AUTHORIZE CHAIR TO SIGN - CONSORTIUM FOR OLDER ADULT WELLNESS: Bruce Barker, stated Judy Griego, Director, Department of Human Services, is unable to attend today; however, the matter was previously discussed at a work session on October 26, 2009. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer. Chair Garcia indicated the agreement will provide chronic disease classes throughout the County, and the funding will not exceed $10,000.00. There being no further discussion, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR BILLIE MARTINEZ HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Stephanie Arries, Assistant County Attorney, stated this and the following six items of business deal with the disposition of various modular buildings as part of the transfer process of the Head Start Program to Community Development Institute Head Start (CDI), and she confirmed the documents have been reviewed by CDI's legal counsel. In response to Chair Garcia, Ms. Arries confirmed the modulars are being sold for the purchase price of $1.00, since they were acquired by the County using Head Start grant funds. Mr. Warden stated most of the modulars were acquired through ten-year lease purchases paid through the grants. Commissioner Rademacher moved to declare said property as surplus, approve the Bill of Sale for the Billie Martinez Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR JEFFERSON HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on the previous discussion, Commissioner Conway moved to declare said property as surplus, approve the Bill of Sale for the Jefferson Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR MADISON HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on the previous discussion, Commissioner Rademacher moved to declare said property as surplus, approve the Bill of Sale for the Madison Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR CENTENNIAL HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on the previous discussion, Commissioner Conway moved to declare said property as surplus, approve the Bill of Sale for the Centennial Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR DOS RIOS HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on previous discussion, Commissioner Rademacher moved to declare said property as surplus, approve the Bill of Sale for the Dos Rios Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Long, the motion carried unanimously. Minutes, December 14, 2009 2009-3277 Page 2 BC0016 CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR MILLIKEN HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on previous discussion, Commissioner Conway moved to declare said property as surplus, approve the Bill of Sale for the Milliken Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER DECLARING CERTAIN PROPERTY AS SURPLUS, APPROVE BILL OF SALE FOR HUDSON HEAD START CENTER, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - COMMUNITY DEVELOPMENT INSTITUTE HEAD START: Based on previous discussion, Commissioner Long moved to declare said property as surplus, approve the Bill of Sale for the Hudson Head Start Center, and authorize the Chair to sign the necessary documents. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER LEASE FOR STORAGE SPACE AND AUTHORIZE CHAIR TO SIGN - NORCO ATHLETIC, INC.: Ms. Arries explained this matter was previously presented to the Board; however, it was subsequently rescinded because the original document was not reviewed by Community Development Institute Head Start (CDI) legal counsel. She stated the revised lease, which is now being presented to the Board, is for a one -month term, which was signed by the lessor earlier today. In response to Commissioner Conway, Ms. Arries explained CDI is not a party to this Lease, rather, they have paid for a one -month lease for the month of January and the terms of a long-term lease are still being negotiated. She further stated after December 31, 2009, the County will no longer have any liability concerning this property. Commissioner Conway moved to approve said Lease and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - US BANCORP EQUIPMENT FINANCE, INC.: Christopher Woodruff, Assessor, stated the equipment was misreported and misclassified in 2008. He stated it was originally assessed at $58,852.00, which has been corrected to $11,745.00, resulting in a tax abatement refund, in the amount of $4,341.04. Mr. Woodruff stated, in researching this petition, staff also noted the property had not been valued in 2007, therefore, they completed a back assessment as omitted property for that year, which is done through an administrative process. No public testimony was offered concerning this matter. Commissioner Rademacher moved to approve said petition for abatement and refund of taxes, in the amount of $4,341.04, based on staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO LAURA DENNUNE SWAIN: Bruce Barker, County Attorney, stated pursuant to Section 39-11-120, C.R.S., the Board can assign tax sale certificates that have been stricken from the tax record. He stated the subject property is located in the Townsite of Buckingham, and Ms. Swain has paid the full amount of $100.06, which includes taxes and interest. He stated the assignee will be responsible for applying for a Treasurer's Deed, as well as paying all of the necessary fees associated with that process. He stated this year the County acquired approximately 1,100 properties through the tax sale because there was no public interest in purchasing them. He stated staff is proposing to list all of the acquired properties on the County website as a notification of their availability, and, at such time as a willing buyer expresses interest, staff will initiate the assignment process. He further stated staff intends to discuss this matter further with the Board during a work session recommending approval of a Resolution that would authorize the Treasurer to assign the Tax Lien Sale Certificates, once the amount is paid in full, just as if it had occurred at the tax sale. In response to Commissioner Conway, Mr. Barker stated typically the redemption period begins once the tax deed is applied for; however, the property owner has the ability to come in at any time to pay the taxes, and in this instance the owner has had since 2006 to resolve the matter. Commissioner Minutes, December 14, 2009 2009-3277 Page 3 BC0016 Conway moved to approve the assignment of said tax lien sale certificate to Laura Dennune Swain. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER AMENDMENT TO 457 PLAN AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director of Administration Services, stated this amendment will make the Weld County 457 Plan consistent with the Pension Protection Act of 2006 and the Work, Retiree, and Employer Recovery Act of 2008. Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. EMERGENCY ORDINANCE NO. 242-B, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2009: Mr. Warden confirmed the Ordinance was previously read into the record by tape. He stated this is the last Supplemental Appropriation for 2009, and he submitted an outline of the changes, which he reviewed for the record. He explained monies are centrally budgeted in the General Fund for computer hardware and software, and as items are approved the funds are allocated to the appropriate department. He further stated there is a model which projects various salaries and benefits, but invariably there are always staff adjustments, and the current modifications are reflected in this appropriation. Mr. Warden stated this Ordinance addresses unanticipated grant funds, as well as the recently approved purchase of TANF reserve items from other counties, and the authorized purchase of new pens at the fairgrounds. He stated a majority of the Public Works adjustments are bridge grants, as well as the reallocation of funds between certain projects that were different from the proposed budget approved midyear. He indicated the purchase of Human Services furniture and the recent office move has been appropriated, as well as adding the Colorado Prevention Partners Grant; the remaining adjustments for the Departments of Public Health and Environment and Human Services are all grant adjustments. Under the Emergency Reserve, Mr. Warden explained in October he recommended an increase of the TABOR reserve by $1 million by taking it out of the contingency fund, which was approved by the Board, and the Health Insurance has also been adjusted so that revenues generated match the number of claims anticipated due to a higher enrollment. Lastly, Mr. Warden stated during the departmental review process the Board determined it cannot justify use of funds for certain road projects, due to the Erie annexations; therefore, the funds were reallocated to the Sheriff's Office and the Division of Household Hazardous Waste. In response to Commissioner Kirkmeyer, Mr. Warden stated, in addition to Ordinance #242-B, Ordinance #243 was read by tape to be considered as part of the scheduled Budget hearing that will be held following the regular Board meeting. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve Ordinance #242-B on an emergency basis. Seconded by Commissioner Conway, the motion carried unanimously. PLANNING: CONSIDER ACCEPTANCE OF IMPROVEMENTS DEPOSIT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, S #554, IDAHO CREEK, PHASE 1 - KB HOME COLORADO, INC.: Rich Hastings, Department of Public Works, stated staff has been presented with collateral for a proposed traffic signal to be installed at the intersection of County Road 7.5 and State Highway 119. He stated KB Home Colorado, Inc., has submitted a check, in the amount of $21,000.00, which is the proportional share agreed to in 2001. Mr. Hasting stated the Colorado Department of Transportation (CDOT) is ready to move ahead with this signal project, and KB Home has agreed to fulfill its obligation. In response to Commissioner Rademacher, Mr. Hastings confirmed the $21,000.00 was the value established in 2001; however, it would likely be twice that amount if calculated at current rates. In response to Commissioner Kirkmeyer, Mr. Hastings stated CDOT has indicated this intersection now meets warrants, and although the project status is uncertain, the necessary FASTER (Funding Advancements for Surface Transportation and Economic Recovery) funds have been approved. Commissioner Kirkmeyer stated this project is located in the DRCOG (Denver Regional Council of Governments) area and, once again, Weld County was not contacted concerning this matter. She stated the only reason the County is aware of this project is because she and Commissioner Rademacher attended meetings Minutes, December 14, 2009 2009-3277 Page 4 BC0016 and spoke with the Regional Director, Bob Garcia directly. Commissioner Rademacher stated he believes the funds would be more wisely spent at the intersection of County Road 5.5 and State Highway 119. Mr. Hastings agreed and stated that once the new Mead High School is at full capacity, that location would make more sense. There being no further discussion, Commissioner Rademacher moved to accept the improvements deposit 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. Emergency Ordinance No. 242-B was 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 9:27 a.m. OARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY it} bi i1�f�c�11 Depaty Cler to the Board I l Y, , Pro-Tem Sean P. Conway l David E. Long Minutes, December 14, 2009 2009-3277 Page 5 BC0016 Hello