HomeMy WebLinkAbout20091269.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 1, 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, June 1, 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 - EXCUSED
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
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 May 27, 2009, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on May 27, 2009, as follows: 1) USR #1691 - Marcos Sanchez; and 2) USR #1689 - Timothy
Gonzales. Commissioner Conway 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 Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING FOR SCHOOL SUPPLY PROGRAM AND
AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Judy Griego, Director, Department
of Human Services, stated this is the third year of the collaborative effort between the Department and
United Way to decrease the barriers to educational success for the students of Weld County by supporting
the purchasing of school supplies for the Free and Reduced Lunch Program. Ms. Griego stated the
Memorandum of Understanding will commence May 1, 2009, through December 31, 2009. Commissioner
2009-1269
BC0016
Long moved to approve said Memorandum of Understanding and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER FIVE PURCHASE OF SERVICES AGREEMENTS FOR HEAD START AND
MIGRANT/SEASONAL HEAD START PROGRAMS WITH VARIOUS PROVIDERS AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated these agreements were discussed at the work session conducted
on May 27, 2009, and are primarily for the Migrant/Seasonal Head Start Program. She stated North Range
Behavioral Health will provide mental health services, for a maximum cost of $10,000.00 and for a term
commencing June 1, 2009, through May 31, 2010. She further stated Plan de Salud de Valle, Inc., will
provide medical and dental services for a term commencing June 15, 2009, through September 11, 2009,
and the cost for medical services will not exceed $9,000.00 and the cost for dental services will not exceed
$5,000.00. Ms. Griego stated Weld County School District 6 will provide meals for a term commencing
June 1, 2009, through September 11, 2009, and My Friends and Me will provide wrap around child care
for a term commencing June 8, 2009, through September 11, 2009. She stated Sunrise Community Health
will provide medical and dental services for a term commencing June 8, 2009, through September 11,
2009, and the cost for medical services will not exceed $25,000.00 and the cost for dental services will not
exceed $10,000.00. Commissioner Conway moved to approve said agreements and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TWO CONSULTANT AGREEMENTS FOR MIGRANT/SEASONAL HEAD START PROGRAM
SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these
agreements were reviewed at the work session conducted on May 27, 2009, and one is with Cathy Loesch,
to provide special education services for an amount not to exceed $5,000.00, and the other agreement is
with Carol Haworth for speech and language services for an amount not to exceed $5,000.00. She stated
the terms for both agreements will commence June 1, 2009, through September 30, 2009. In response
to Chair Garcia, Ms. Griego stated she is unsure if the rates are discounted. Chair Garcia stated he does
not need to know the answer to make a decision regarding the agreements; however, the providers should
be properly thanked if they are offering the services at reduced rates. Commissioner Long moved to
approve said agreements and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD CONTRACT FOR LONG
TERM CARE OMBUDSMAN/FRIENDLY VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN:
Ms. Griego stated the contract was reviewed at the work session on May 27, 2009, and the VALE Board
has notified the Department it will be awarding the Ombudsman Program $12,000.00, for a term
commencing July 1, 2009, through June 30, 2010. She stated the grant will allow the Program to provide
Elder Abuse Prevention Programs, continue the long-term care Friendly Visitor Program, and to maintain
and strengthen the Volunteer Ombudsman Program. Commissioner Conway moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER 2010 FUNDING SUMMARY AND ANNUAL PLAN AND BUDGET FOR AREA AGENCY ON
AGING PROGRAMS (TILE III AND VII) AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the items
were presented at the work session conducted on May 11, 2009. She stated this year's allocation from
the Federal Older Americans Act is in the amount of $710,359.00, and the services that are provided with
these funds are: Ombudsman, Legal, Nutrition, Homemaker and Personal Care, Peer Counseling,
Hispanic Senior Outreach, Chore, Adult Day Program, Caregiver, Meals on Wheels, Grandparents Raising
Grandchildren, and other similar services. She stated the State's allocation is in the amount of
$425,933.00 and the services that are provided with these funds are: DentalNision/Hearing, Chore,
Telephone Reassurance, Loneliness and Wellness Programs, Ombudsman, Peer Counseling, Hispanic
Senior Outreach, Information and Assistance, Adult Day Programs, and other similar services. Ms. Griego
Minutes, June 1, 2009 2009-1269
Page 2 BC0016
stated the one time only stimulus allocation is in the amount of $58,949.00 and is to be used for the Senior
Nutrition Program and the Home Delivered Meal Program, The term of the funding is July 1, 2009, through
June 30, 2010, for the State and Federal funding. Commissioner Conway moved to approve said Funding
Summary and Annual Plan and Budget for the Area Agency on Aging Programs, and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 8 BETWEEN CR 23 AND U.S. HIGHWAY 85: Janet Carter,
Department of Public Works, stated the closures will commence June 15, 2009, through June 22, 2009,
and July 6, 2009, through July 13, 2009, for the final construction phase of the Prairie Waters Project. She
stated the detour route is completely paved; therefore, there is no need for dust control, and the average
daily traffic count on County Road 8 is 91 vehicles. Commissioner Long moved to approve said temporary
closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 29 BETWEEN CRS 72 AND 74: Ms. Carter stated the
closure will commence June 8, 2009, through June 11, 2009, for the replacement of two 18 -inch CMP
pipes. She stated message boards, roads signs, and barricades will be used to advise drivers of the
closure, and the average daily traffic count is 207 vehicles, according to a 2008 traffic count. She further
stated water will be used for dust abatement on the detour route.
Commissioner Conway stated he spoke to Ms. Carter regarding an unrelated matter occurring in the
southern part of Weld County before the meeting. Commissioner Long stated he received a response on
the matter Commissioner Conway is referring to from Pat Persichino, Director, Department of Public
Works. Commissioner Long explained the Colorado Department of Transportation (CDOT) is constructing
several overpasses on several bridges across 1-76; therefore, there is a large number of vehicles being
detoured onto the County Roads and CDOT did not coordinate with the County regarding the closures;
however, staff is trying to rectify the matter. Ms. Carter stated one of overpasses should be completed in
approximately two weeks. In response to Commissioner Long, Ms. Carter stated County Roads 2 and 4
have been closed. Commissioner Long stated County Road 39 has been reopened. Commissioner
Conway stated the bridge over County Road 8 and 1-76 was closed three weeks ago, and now County
Roads 2 and 4 have been closed; therefore, all of the residents between the Town of Hudson and the City
of Brighton have been affected. He stated the Board is aware of the problem and is working on resolving
it. Commissioner Long stated the paramedic service will have a difficult time accessing certain areas.
Commissioner Conway stated the governor will be here this afternoon and he can address the
convenience, public safety, and emergency response issues related to the closures. He stated it does not
seem to make good sense to close all three of the roads at once and it has resulted in a ten -mile detour
for residents of the Towns of Lochbuie and Hudson.
Commissioner Conway moved to approve said temporary closure of County Road 29. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ALICE HAYDEN AND LAWRENCE
POTTER: Christopher Woodruff, Assessor, stated the petitioner has submitted a request to adjust the
2008 value for a property. Mr. Woodruff explained a segment of the land was incorrectly valued at
29 percent, instead of 7.96 percent; therefore a refund in the amount of $1,767.72 is recommended.
Commissioner Long moved to approve said refund, in the amount of $1,767.72, as recommended by staff.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ST. VRAIN PARTNERS, LLC:
Mr. Woodruff stated the petition is regarding two parcels located in the Town of Firestone, for Tax Years
2007 and 2008. He stated the two lots have significant building restrictions due to their proximity to oil
wells, which the Assessor's Office was previously unaware of; therefore, refunds in amounts of $1,189.26
Minutes, June 1, 2009 2009-1269
Page 3 BC0016
and $1,352.83 are recommended for each lot, for tax years 2007 and 2008, respectively. Commissioner
Conway moved to approve said refunds, as recommended by staff. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BRENT HAUGEN: Mr. Woodruff
stated the petition is for Tax Years 2007 and 2008, and the property is a mixed use property with some
residential value and some commercial value. He stated after examining the property, staff determined
refunds should be granted for Tax Year 2007, in the amount of $406.28, and for Tax Year 2008, in the
amount of $449.08. He stated the reason for the difference in the two refund amounts is due to a
difference in the mill levies. In response to Bruce Barker, County Attorney, Mr. Woodruff stated this is a
partial adjustment.
Brent Haugen, Petitioner, stated he feels persecuted because there are numerous businesses in the area
and he is the only one having his property taxed as commercial property. Mr. Haugen stated the amount
of his property considered to be commercial was 1.9 acres and it has been amended to be 1.7 acres, which
is 74,000 square feet of commercial property and his building is 1/10 of that size. He stated the building
is not entirely used for commercial purposes and he does not feel any part of his property should be
considered commercial property because he had to obtain a Use by Special Review (USR) Permit to have
his business on the property; therefore, the area is zoned residential and should not be subjected to any
commercial taxation. He further stated if the property is commercial then he never should have had to
obtain a USR permit. Mr. Haugen stated in addition to the classification issue, he is offended he is the only
one in his area being taxed this way. In response to Chair Garcia, Mr. Haugen clarified his building is
7,200 square feet in size, and it is not solely used for commercial purposes. Further responding to Chair
Garcia, Mr. Haugen stated the USR permit is for an auto body shop and approximately half of the building
is dedicated to this purpose. Mr. Haugen stated approximately one -quarter of the building is utilized for
auto -body related storage, and approximately one -quarter of the building is used for office space and
personal storage. He stated the Assessor told him if his property was located on Main Street it would be
taxed in this way; however, it is not located on Main Street, and if his property is taxed commercially, he
should have the rights given to commercial areas, as the USR permit contains many restrictions.
Mr. Woodruff stated an appraiser was sent to examine the use of the property, and zoning does not
necessarily determine the property tax. He stated the appraiser made the recommendation on how to tax
the property; however, if Mr. Haugen feels it is incorrect, he suggests the Board postpone the matter and
he will send an appraiser to take a closer look at the property. He further stated it is a mixed use property
since the business is located on the property, and today is the first time he has heard that part of the
building is used for residential purposes. Mr. Haugen stated he discussed the uses of the building with
the appraiser at the time of their visit. Mr. Woodruff stated he strives to be fair and has no problem
adjusting the amount of the property that is taxed as commercial for the property, if it is appropriate to do
so, and he could complete the follow-up appraisal within one week. He stated staff evaluated surrounding
properties and some of them are zoned residential and some of them are zoned agricultural, and some
of the commercial uses occurring on the properties zoned agricultural qualified as agricultural uses on the
properties. He further stated his staff is not trying to single Mr. Haugen's property out; they are simply
trying to value the property according to the law. In response Chair Garcia, Mr. Haugen indicated he is
in favor of having another appraisal conducted on the property. Mr. Haugen stated he has read the County
Code and commercial refers to any means engaged in as source of livelihood; therefore, a horse training
facility should not be exempt from obtaining a USR or paying commercial taxes, since it is not related to
growing food. Chair Garcia referred Mr. Haugen to Tom Honn, Director of Planning, to discuss the zoning
issues. Commissioner Long stated he is not in favor of changing the related County Code, and he feels
certain activities are related to agriculture even if they are not related to the production of food.
Mr. Woodruff stated the breeding of livestock is an agricultural use and many horse -related businesses
have a breeding aspect to them. Commissioner Conway moved to continue the matter to June 8, 2009,
at 9:00 a.m. Commissioner Long seconded the motion, which carried unanimously.
Minutes, June 1, 2009 2009-1269
Page 4 BC0016
CONSIDER CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO
SIGN - TRAVIS MORROW: Dave Bressler, Director, Weld County Paramedic Services, stated this is the
standard employment contract the Department enters into with entry level employees, and it specifies
Travis Morrow will enter into a two-year employment contract, in exchange for the Department paying for
him to attend the necessary training. Commissioner Conway moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE
DONATION OF SAME TO NCMC, INC.: Mr. Bressler stated this and the following item are related, and
the equipment to be donated to NCMC, Inc., is a transport ventilator for use in the ambulances; however,
it makes more sense for the hospital and the helicopter to have it because they use the equipment more
often. He stated the transport ventilator units were secured from a cooperative healthcare grant with the
hospital a number of years ago. Commissioner Long moved to declare certain equipment as surplus
property and authorize donation of same to NCMC, Inc. Commissioner Conway seconded the motion,
which carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING TRANSFER OF PROPERTY,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT DONATION OF EQUIPMENT FROM NCMC, INC.:
Mr. Bressler stated the transport ventilator the County is donating to the hospital is valued at approximately
$8,000.00, and the piece of equipment NCMC, Inc., is donating to the County is a piece of equipment used
to compress the heart and it is valued at approximately $15,000.00. He stated the hospital had concerns
regarding the weight of the equipment in the helicopter; therefore, was not able to ever use it; therefore,
it is a brand new piece of equipment. In response to Mr. Warden, Mr. Bressler stated this is the fourth
piece of this type of equipment the Paramedic Service will have; three will be used for north Weld County
and one is south Weld County. Commissioner Conway moved to approve said Memorandum of
Understanding, authorize the chair to sign, and accept said donation of equipment from NCMC, Inc.
Commissioner Long seconded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY
SPECIAL REVIEW #1665 - HIGH PLAINS DISPOSAL, INC.: Chris Gathman, Department of Planning
Services, stated the agreement is for off -site and on -site improvements and the applicant provided a
performance bond in the amount of $237,337.24, and the Departments of Planning Services and Public
Works have deemed the amount to be sufficient. Don Dunker, Department of Public Works, stated the
property is located on County Road 54 and 3/8 of a mile west of County Road 49. Commissioner Long
moved to approve said agreement, authorize the Chair to sign, and accept collateral for USR #1665.
Seconded b 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, June 1, 2009 2009-1269
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:42 a.m.
ATTEST:
Weld County Clerk to t
BY:
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
WELD PQUNTY, COLORADO
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
f
Sean P. Conway
EXCUSED
Barb Kirkmeyer
C
David E. Long
Minutes, June 1, 2009 2009-1269
Page 6 BC0016
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