HomeMy WebLinkAbout20092502RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 21, 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, September 21, 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 - EXCUSED
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
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 16, 2009, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on September 16, 2009, as follows: 1) AmUSR #1232 - Anderson South Farm, LLC, dba
aMAIZEing Farm Events / Jim Anderson. Commissioner Conway seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to add New Item of Business#9: Consider
Change Order No. 2 for 2009 Bridge Rehabilitations and authorize Chair to sign - Jag's Enterprises. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda. Commissioner
Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
OIL AND GAS DAY IN WELD COUNTY - SEPTEMBER 23, 2009: Chair Garcia read the certificate into
the record, recognizing September 23, 2009, as Oil and Gas Day in Weld County. Commissioner Conway
indicated the second annual Energy Expo is taking place on Wednesday, September 23, 2009, at the
Island Grove Event Center. He clarified the event encourages the public to learn more about the
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contributions of the oil and gas industry within the area. Commissioner Kirkmeyer commented that it is
exciting that the Best Management Practices formulated within past years are still in place.
NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH - SEPTEMBER, 2009: Chair
Garcia read the proclamation into the record, recognizing September, 2009, as National Alcohol and Drug
Addiction Recovery Month, and Commissioner Long confirmed it is an important month to recognize. Dave
Rastatter, North Range Behavioral Health, stated North Range is the publicly funded agency providing
treatment for substance abuse and mental health for the citizens of Weld County, both of which are
significant issues. He indicated over 27,000 people die annually due to drug abuse and dependence, with
an additional figure of 107,000 deaths annually due to alcohol abuse and dependence, and these figures
do not include the tragic loss of life due to vehicular accidents. He further indicated the impact to family
members of the individuals suffering with these issues is difficult, and it is estimated that businesses are
negatively impacted by approximately $166 billion annually, due to additional expenses. He stated
treatment for these individuals does work, and the recent advances in intervention models lead to
increased hope to those individuals who are seeking recovery. Mr. Ratstatter indicated many people who
experience substance abuse disorders also experience significant mental health issues, and North Range
has merged with Island Grove Regional Treatment Center to serve these individuals in an integrated
manner through the new Crisis Stabilization Services program. He clarified after a large amount of
negotiation with the State, a combined treatment unit has been created to provide mental health treatment
in conjunction with detoxification services. He invited the Board, and other community members, to attend
an open house on Monday, September 28, at which time the building will be named in honor of Merle
Evans. He clarified Mr. Evans was a former director with the vision for the two agencies to integrate
services, and he passed away approximately three years ago. He confirmed it is an honor to accept the
Proclamation on behalf of North Range, and he indicated other programs within the area also provide
excellent resources, including Alcoholics Anonymous and Narcotics Anonymous. He stated he is also
proud to represent those individuals who have gone through the recovery process because they had the
courage to change their lives. Chair Garcia expressed his appreciation to Mr. Ratstatter and all of the
additional staff members at North Range.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER AGREEMENT FOR COMMUNITY SERVICES BLOCK GRANT (CSBG) AND AUTHORIZE
CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the agreement is with
the Colorado Department of Local Affairs (DOLA) and the total request of the grant funds is in the amount
of $486,731.00. She confirmed the Department has been involved in negotiations with DOLA, and DOLA
has requested that several items be shifted into approved categories. She confirmed the grant contains
American Recovery and Reinvestment Act (ARRA) funds, and will help un-employed and under -employed
residents with job training, education, and assistance for emergency services. She indicated the term of
the agreement is July 1, 2009, through September 30, 2010, and the funds provided will allow staff from
child care centers with resources to acquire licensing or certifications and update qualifications, and funds
will be utilized for emergency services for under -employed individuals. She further indicated the funds will
also be utilized for the summer youth employment program, for at -risk youth, and to provide assistance
for the Employment First Program. Commissioner Kirkmeyer indicated the language within the Resolution
needs to be modified, as some of the language appears to insinuate the County will be providing funds to
the State. Bruce Barker, County Attorney, indicated he will review the Resolution and make the necessary
corrections. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 16 BETWEEN CRS 79 AND 81: Janet Carter, Department
of Public Works, stated County Road 16, between County Roads 79 and 81, will be closed from
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September 28, to October 9, 2009, for a culvert replacement and drainage work. She confirmed a new
pipe will be installed, and there are no current traffic counts, since the volume of traffic is very low within
the area. She indicated water will be utilized for dust control along the detour route, which utilizes gravel
roads, and the standard road signs and barricades will be utilized for the closure. Commissioner Long
moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER LICENSE AND AUTHORIZE CHAIR
TO SIGN - RUTH HARDING ENTERPRISES, INC., DBA CROW VALLEY CAFE: Bruce Barker, County
Attorney, stated the application materials are complete, and there were no concerns noted, therefore, he
recommends approval. In response to Commissioner Conway, Mr. Barker confirmed the renewal term of
a liquor license is for a period of one year. Commissioner Long confirmed this establishment has held a
liquor license for a very long time, and it is not a new establishment. Commissioner Long moved to
approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Conway,
the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - NATIONAL CITY COMMERCIAL
CAPITAL COMPANY: Christopher Woodruff, Assessor, stated the petition was filed for tax year 2008,
regarding personal property. He indicated the lessee paid specific ownership tax on the licensed
equipment, therefore, the taxes were inadvertently duplicated. He stated he recommends a correction to
the assessed valuation in the amount of $108,509.00, which will create a refund in the amount of
$8,166.57. Commissioner Long moved to approve said petition, based on staff's recommendation.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - IRWIN COMMERCIAL FINANCE -
EF: Mr. Woodruff stated the petition was filed for tax year 2008, regarding personal property. He clarified
the Assessor's Office made an error regarding the insertion of the year the equipment was acquired,
therefore, the amount of depreciation was overvalued. He recommended a correction to the assessed
valuation in the amount of $21,520.00, which creates a refund in the amount of $2,084.66. Commissioner
Conway moved to approve said petition, based on staffs recommendation. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - LEROY CHAMBERS FAMILY, LLC:
Mr. Woodruff stated the petition was filed for tax years 2007 and 2008, and the original value of the
property was established as $1,511,580.00, and the appraisal date for that value was completed on
June 30, 2006. He clarified his office was required to utilize data from the year 2005 and the first half of
the year 2006 to establish the value. He explained there are two outstanding issues with the petition, the
first being that the value for tax year 2008 was protested, which was denied by the Board, and was not
carried forward to the Board of Equalization. He indicated the sales value for the property was calculated
at a figure of $95.00 per square foot, and the sales values reviewed indicated a value range of $90.00 to
$111.00 per square foot. He clarified the property contains the same value for both tax years 2007 and
2008, therefore, an adjustment is not warranted for tax year 2007, and he recommended denial of the
petition. A representative for the property owner was not present, and no public testimony was provided
concerning the matter. Commissioner Kirkmeyer moved to deny said petition, for both tax years 2007 and
2008, based on staff's recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER CONTRACTAMENDMENT#1 FOR WELD COUNTY EMERGENCY EARLY WARNING AND
SHELTER SYSTEM PROJECT AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director of
Administrative Services, recommended continuing the matter for the period of one week, as she has
discovered inconsistencies within the document regarding the number of early warning sirens provided to
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municipalities. Commissioner Conway moved to continue the matter to September 28, 2009, at 9:00 a.m.,
and the motion was seconded by Commissioner Long. Commissioner Kirkmeyer confirmed there are
inconsistencies within the document, and she indicated she understood the previous discussion indicated
that the Towns of Milliken and Johnstown would receive a generator, if adequate funds were available.
Ms. Mika confirmed that was what was previously discussed; however, there is now the possibility of
including additional municipalities, due to expressed interest from the Town of Mead and one of the tri-town
municipalities. She indicated a meeting will be held later in the day to discuss the specifics concerning
integrating the requests. Chair Garcia indicated several of the Board members will be attending the Ten
County Budget Conference, beginning Wednesday, September 23, 2009, and he questioned whether the
matter should be continued for an additional amount of time. In response, Ms. Mika confirmed continuing
the matter for one week will provide sufficient time to make the necessary modifications.
Commissioner Conway stated this is the first indication he has been made aware of that new communities
are interested, and he confirmed the only reason the matter was reviewed previously was because of a
specific request. Ms. Mika indicated Don Sandoval, Colorado Department of Local Affairs, was contacted
directly by the communities who expressed interest. Responding to Commissioner Kirkmeyer, Ms. Mika
indicated the grant is not proposing any additional funds, and she is working with DOLA to confirm how
many sirens will be provided to each community. Commissioner Kirkmeyer indicated, at a previous
meeting, it was specifically discussed that one siren would be granted to each community within the
established list, and if adequate funds were leftover, the Towns of Milliken and Johnstown would receive
a generator. Ms. Mika confirmed there is a need for further discussion of the matter, which will occur this
week, to address the breakdown of communication between the requests of Police Chiefs and the elected
officials of the municipalities. Commissioner Conway indicated a work session regarding the matter is
necessary, so that the Board may completely understand the funds available and what the new
municipalities are specifically requesting be added to the grant. He stated the Board is seeking to help
local communities; however, there has not been adequate communication regarding the matter, and he
is hesitant to move forward with approval of the document without holding conversation with other elected
officials. He confirmed the needs of the Towns of Milliken and Johnstown should be accomplished first,
and if there are still funds leftover, then the other requests may be accommodated. Ms. Mika confirmed
she will schedule a work session to discuss the matter more in depth, and in response to Don Warden,
Director of Finance and Administration, she confirmed she will request that Mr. Sandoval be present at the
meeting. There being no further discussion, the motion carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR INTRADO/TIBURON
ZOLL (EMERGENCY SERVICES SOFTWARE) PROJECT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika
stated the agreement utilizes Community Development Block Grant (CDBG) funds, and the need for these
funds was prompted by the tornado which occurred in Weld County in May, 2008. She confirmed there
is no local match of funds, and the funds will be utilized to purchase two types of software to be utilized
within dispatch communications. In response to Commissioner Conway, Ms. Mika indicated Dave Mathis,
Communications, reviewed the term of the agreement, and he concurred that a period of five years is
appropriate. Commissioner Conway expressed his concerns regarding the upgrades in technology which
will become available within the next five years, and he questioned whether staff would be able to review
the product for any necessary modifications. In response, Ms. Mika confirmed the software will include
periodic updates within the next five years. Commissioner Kirkmeyer indicated the contract does contain
the provision to update and/or revise the software, if necessary. Further responding to Commissioner
Conway, Ms. Mika confirmed this agreement will lock into the specific product, but not a specific version
of the product. Commissioner Kirkmeyer indicated the Commissioners have unlimited text messaging
capabilities on their cell phones, and she is unsure why the agreement indicates a specific amount of units
per dollar amount. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
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CONSIDER CHANGE ORDER NO.2 FOR 2009 BRIDGE REHABILITATIONS AND AUTHORIZE CHAIR
TO SIGN - JAG'S ENTERPRISES: Mike Bedell, Department of Public Works, stated a budget is created
on an annual basis for bridge rehabilitation projects throughout the County. He confirmed the Foreman
has a long list of the necessary repairs and maintenance every year of which the Department crews cannot
accommodate. He indicated this year, a budget of $200,000.00 was set, and the most essential projects
were placed for bid. He confirmed the selected contractor's bid was approximately $150,000.00, and this
Change Order is requesting an additional repair project for the contractor to complete, which will increase
the total amount to be concurrent with the annual budget. He confirmed the Department recommends
approval, as the cost of the work will increase if the work is not completed until a later date. In response
to Chair Garcia, Mr. Bedell confirmed the Change Order is for the addition of another project, and not
because of increased costs from the contractor. Commissioner Kirkmeyer moved to approve said change
order and authorize the Chair to sign. The motion was Seconded by Commissioner Long, and it 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 PERMIT#1670 - NORTHERN COLORADO DISPOSAL: Chris Gathman, Department
of Planning Services, stated the Department has received collateral, in the amount of $194,600.00, for the
Northern Colorado Disposal facility approved through USR #1670. He indicated the recycling facility is
located east of 59th Avenue and south of O Street, and the funds provided are adequate for the required
fencing and landscaping improvements. Rich Hastings, Department of Public Works, stated the facility
will be a recycling and transfer facility, located at the intersection of O Street and County Road 31. He
confirmed approximately 239 trash tucks will travel to the facility, where the loads will be sorted, and then
approximately 57 trucks will travel north to the landfill on State Highway 14, and the rest of the trucks will
travel to other recycling centers. He indicated the impact on the roads will be lessened, and the applicant
will also be required to provide improvements at the intersection of O Street and County Road 31 (59th
Avenue). He further indicated the applicant will be required to provide a proportional share when the traffic
count mandates additional improvements at the intersection. In response to Commissioner Conway, Mr.
Gathman confirmed the applicant has provided a letter of credit, in the amount of $194,600.00.
Commissioner Long moved to approve said agreement, authorize the Chair to sign, and accept said
collateral. The motion was seconded by Commissioner Kirkmeyer, and it 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, September21, 2009 2009-2502
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There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD C,OUTY, COLORADO
ATTEST:
Weld County Clerk to the Bc
BY:
Deputy Clerk to the Board
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro-Tem
C. _
e P. Conway
ra Kirkmeyer
David E. Long
Minutes, September21, 2009 2009-2502
Page 6 BC0016
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