HomeMy WebLinkAbout20082637.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 29, 2008
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 29, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Controller, Barb Connolly
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of September 24, 2008, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Code Ordinances #2008-14 and
#2008-15 by tape. Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Commissioner Masden congratulated Commissioner Garcia for the addition of a new
daughter to his family, named Bridget Lilly.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,TREASURER'S OFFICE-JUDY ROTH: Chair Jerke read the certificate
into the record, recognizing Judy Roth for 20 years of service with the Treasurer's Office. John Lefebvre,
Treasurer, stated Ms. Roth has had one of the most difficult jobs within the Treasurer's Office; however,
she has done the job extremely well. He clarified it has been the responsibility of Ms. Roth to contact
property owners who have not paid their taxes and convince them to pay the amount due. He indicated
Ms. Roth is tough but cheerful, an excellent and professional employee, and the Treasurer's Office will be
losing a very knowledgeable employee as she retires. He expressed his appreciation to Ms. Roth for her
services, and indicated she has been a great delegater within her duties. In response to Chair Jerke,
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Mr. Lefebvre indicated Ms. Roth has been responsible for the collection of approximately$300,000.00 per
year from property owners who are delinquent with tax payments. Chair Jerke expressed his appreciation
to Ms. Roth for her service, and indicated he understands she did not have easy responsibilities within her
job duties. Commissioner Masden expressed his appreciation to Ms. Roth for her diligence to delegations
and for doing a great job with such a difficult task. Commissioner Rademacher indicated Ms. Roth does
not appear to be old enough to retire yet, and jokingly requested that she remain employed with Weld
County for a few more years. He further indicated his desire for Ms. Roth to enjoy her retirement years.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $4,313,606.58
Commissioner Long moved to approve the warrants as presented by Ms. Connolly. Commissioner Garcia
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER REVOCATION/SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE-
THE ARMADILLO RESTAURANT (CON'T FROM 08/18/08): Dan Joseph, Department of Public Health
and Environment, stated, as directed by the Board, Department staff conducted an additional inspection,
and the establishment is now in full compliance. He indicated the proper lid has been installed in the sewer
pump area, and all of the critical violations regarding food service have been resolved. He stated the
Department recommends that the matter be dismissed. Jerry Schott, Armadillo Restaurant Manager,
stated it has always been his intention to conduct business in full compliance, and the past couple of
months have been a learning experience, which he hopes to never go through again. Chair Jerke
indicated food safety is a major concern of the Board due to the impact on the health, safety, and welfare
of County residents, and he expressed his appreciation to Mr. Schott for working to come into full
compliance. Mr. Joseph indicated the establishment has also been pro-active with additional training for
restaurant staff. Commissioner Long moved to dismiss said matter. The motion was seconded by
Commissioner Masden, and he expressed his appreciation to Mr. Schott for stepping up and taking care
of the outstanding issues at the establishment. He further stated the violation process has been
unfortunate for all persons involved, and the Board takes the charge of protecting the health of residents
very seriously. He indicated he hopes the violation process does not have to be initiated again, and
Mr. Schott confirmed it will not happen again. There being no further discussion, the motion carried
unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT VARIOUS COUNTY ROAD
INTERSECTIONS (CON'T FROM 09/15/08): Janet Carter, Department of Public Works, stated she has
personally visited every intersection within the list since the last hearing, and she provided an updated list
to be substituted as Exhibit A, and another handout, marked Exhibit B, containing a PowerPoint
presentation, which she reviewed for the record. She clarified the list contains only one four-way
intersection, at County Roads 29 and 88, and all of the other intersections are T-intersections. She
reviewed the justifications for the installation of the Stop signs, and indicated the intersections with limited
site distances due to cornfields are considered seasonal, therefore, the Stop signs may only be requested
at these intersections if there are additional justifications. She indicated Wayne Howard, Department of
Public Works, previously gave a presentation regarding control of the intersections where gravel and paved
roads connect, and where surrounding intersections are controlled. She presented a photograph of the
intersection of County Roads 35 and 38, indicating an intersection which bisects a curve, and gave
examples of intersections which limit the sight distance for motorists. She reviewed the remaining
intersections which contain sight distance issues due to foliage, and the intersections which are
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recommended due to issues regarding consistency. She indicated, as requested by the Board, the
updated Exhibit A now contains traffic counts, the direction of traffic to be stopped, and the justification for
the installation of Stop signs. In response to Chair Jerke, Ms. Carter confirmed the intersection of County
Roads 50 and 41 has been removed from the list. Further responding to Chair Jerke, she confirmed the
trees depicted within presented photographs are located on private property, and not within the County
right-of-way, therefore, staff may not force the property owner to remove the trees. She further reiterated
the intersections which contain limited sight distance due to seasonal issues, such as cornfields, must
contain another justification in order for the Department to recommend the installation of a Stop sign at the
intersection. Commissioner Rademacher moved to approve said installation of traffic control devices,
based upon staff's recommendation. Seconded by Commissioner Gracia,the motion carried unanimously.
NEW BUSINESS:
CONSIDER TWO PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated Weld
County School District RE-5J will provide meals for children enrolled within the Head Start Program, for
a term of August 26, 2008, to May 22, 2009, and Dr. Mike Jones, dba Tooth Zone, will provide a dental
screening for children enrolled within the Head Start Program, for a term of August 26, 2008, through
May 29, 2009. She clarified Dr. Jones will provide approximately$60,000.00 of in-kind services, and will
only charge $5.00 per screening. Chair Jerke expressed his appreciation to Dr. Jones for his generosity.
Commissioner Long moved to approve said agreements and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START PROGRAM MEALS AND
AUTHORIZE CHAIR TO SIGN-WELD COUNTY SCHOOL DISTRICT 6: Ms. Griego stated Weld County
School District 6 will provide breakfast, lunch, and a snack for approximately 400 children and 45 adults
within the Head Start Program, for a term of September 22, 2008, through May 29, 2009. In response to
Chair Jerke, Ms. Griego stated the adult meals are provided to the adult staff who act as lunch monitors,
and it has been standard practice that the adult meals are not reimbursed by staff. Commissioner Garcia
clarified the children require supervision during the meals and snacks, and the free meal for the adults
could be considered as a perk of the job; however, the staff are working during the mealtimes and the
meals are provided in lieu of a lunch break. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT TO LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - VINEYARD
CHRISTIAN FELLOWSHIP OF GREELEY, INC.: Ms. Griego stated the amendment provides for
additional space to house the Building Healthy Marriages Program at the Vineyard Church. She clarified
the monthly rent amount will remain the same, and in exchanged for the additional 1,627 square feet of
space, the Department has agreed to replace the carpet and make other minor alterations. She stated
the term of the amended lease is October 1, 2008, through November 1, 2009. In response to
Commissioner Masden, Ms. Griego confirmed the carpet will be replaced with available surplus carpet
owned by the County, therefore, the costs for improvements will be very minimal. Commissioner Masden
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR PROMOTING RESPONSIBLE FATHERHOOD
PROJECT AND AUTHORIZE CHAIR TO SIGN - SUMMITVIEW COMMUNITY CHURCH: Ms. Griego
stated the Department wishes to continue the support for the Promoting Responsible Fatherhood Project,
which is entering the second year of operation. She indicated the Department will provide Colorado Works
or Temporary Assistance for Needy Families (TANF)funds, in the amount of$19,000.00, to help support
group, client incentives, and mentorship activities. She further stated the Department will provide funds,
in the amount of$2,100.00, from TANF, to assist in the match requirements for the grant, and will provide
Minutes, September 29, 2008 2008-2637
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in-kind services through the Department's Family Focus Unit. She stated the term of the memorandum
is October 1, 2008, through September 20, 2009. In response to Chair Jerke, Ms. Griego confirmed she
believes the project is providing valuable support, especially to fathers wishing to reconnect with their
children, which leads to an increased amount of child support provided by the fathers. She clarified the
State will complete an evaluation of the project, and the Department has been requested to provide an
overview of the first year of operation in order to provide additional outcome information, therefore, the
Department will provide the information during an upcoming work session. Further responding to Chair
Jerke, Ms. Griego indicated the evaluation will be completed by a contractor hired by the State, and the
Department is awaiting the outcome to be provided. Commissioner Long moved to approve said
memorandum and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER ADDENDUM TO AGREEMENT TO PURCHASE RESIDENTIAL CHILD CARE FACILITY
SERVICES AND AUTHORIZE CHAIR TO SIGN -YOUTH VILLAGES: Ms. Griego stated Youth Villages
is a residential child care facility located in Memphis, Tennessee, and the facility will provide child
maintenance and administrative maintenance and services, at a rate of $390.00 per day, for children
placed within the facility. She indicated the term of the addendum is July 1, 2008, through June 30, 2009.
Responding to Chair Jerke, Ms. Griego clarified this facility is used as a last resort after reviewing every
other placement opportunity, therefore, a small number of children are placed at this facility when their
placement cannot be accommodated at another center within the State of Colorado. Commissioner
Rademacher moved to approve said addendum and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN -J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Ken Poncelow, Sheriff's Office, stated he
has completed a physical inspection of the premises, and the Sheriff's Office has no outstanding concerns
with the renewal request. Commissioner Rademacher moved to approve said application and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CRS 61 AND 63: Ms. Carter stated County
Road 52, between County Roads 61 and 63, will be closed from October 6, 2008, to October 10, 2008,
for the replacement of a culvert. She stated the average daily traffic count is approximately 101 vehicles,
she gave a brief description of the detour route, and she indicated water will be utilized for dust control,
if necessary. Commissioner Masden moved to approve said temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL#2 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - ED ORR: Leon Sievers, Department of Public Works, stated this is the
fourth of five parcels to be acquired for the County Road 27 Federal Bridge Project, and the property is
located east of the existing bridge on County Road 27. He indicated the Department is acquiring
0.024 acres of right-of-way, in the amount of $500.00, which is the minimum amount, and there are no
other costs associated with this parcel. In response to Chair Jerke, Mr. Sievers indicated the bridge is
located slightly offset from 83rd Avenue. Commissioner Rademacher moved to approve said agreement
and authorize the Chair to sign any necessary documents. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-BRIDLE
CREEK, LLC: Mr. Sievers stated the right-of-way will be acquired for the County Road 13 Strategic
Roadway Project, south of State Highway 52. He clarified the property is located on the east side of
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Page 4 BC0016
County Road 13, south of County Road 12. He indicated the Department has obtained possession of the
property through a previous agreement signed in October, 2007. He clarified this agreement will result in
the landowner providing a deed to the property, which will replace the previous Possession and Use
Agreement. He stated all funds have been previously provided to the property owner, therefore, the total
compensation through this agreement is$0.00. Commissioner Masden moved to approve said agreement
and authorize the Chair to sign any necessary documents. Seconded by Commissioner Long, 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 the net mineral
acreage of the parcel contained within the lease is 3.053 acres, which is less than five acres, therefore,
the parcel may not be placed within the bidding process. He indicated the fee of$200.00 for a small tract
lease has been paid, and the County will receive the required 20 percent royalty payments. In response
to Chair Jerke, Mr. Barker clarified a Small Tract Lease may be completed for any parcel less than five
acres, and most of these types of leases are for parcels which are less than two acres in size.
Commissioner Masden moved to approve said request. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER EXTENSION TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
REALAUCTION.COM, LLC: Mr. Barker stated Realauction.com has provided on-line auctions for the sale
of tax certificates, and the Treasurer's Office desires to continue utilizing the website. He clarified the
extension will extend the term of the agreement for an additional three years, and the price per certificate
sold will be $7.00, which has been approved by the Treasurer's Office. In response to Chair Jerke,
Mr. Barker confirmed the $7.00 fee is paid by the property owner when the certificate is redeemed, and
State statute allows for the Treasurer to recoup the entire cost of the sale, and almost all of the Counties
are now utilizing this type of system. Commissioner Rademacher moved to approve said extension to
agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-14, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 HUMAN
RESOURCES,AND CHAPTER 17 PUBLIC PLACES,OF THE WELD COUNTY CODE: Mr. Barker stated
Chapter 2 Administration will be modified to update the standard agreements which the Chair has the
authority to sign, including agreements which have been approved by form. He indicated the title of
Section 3-2-100 will be modified from "Phased retirement option" to "Working after retirement", and
Section 17-4-20 will be modified to allow the parking spaces within the Centennial Center garage to be
assigned by the Director of Administrative Services. In response to Chair Jerke, Mr. Barker confirmed
Monica Mika is the current Director of Administrative Services. No public testimony was provided
concerning the matter. Commissioner Long moved to approve Ordinance #2008-14 on first reading.
Seconded by Commissioner Garcia, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-15, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE: Mr. Barker stated the modifications were discussed with Trevor Jiricek and Dr. Mark
Wallace of the Department of Public Health and Environment approximately two months ago, regarding
updates to the Biosolids Regulations. He indicated the required Code section changes were provided by
the Department last week, and he has requested that a work session be scheduled before second reading.
He indicated Mr. Jiricek could not be present for today's meeting; however, he recommended approval of
the Ordinance on first reading. No public testimony was provided concerning the matter. Commissioner
Rademacher moved to approve Ordinance #2008-15 on first reading, and the motion was seconded by
Commissioner Garcia. In response to Commissioner Masden, Mr. Barker confirmed the modifications were
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Page 5 BC0016
previously discussed in detail in July, 2008, and in order to complete the Ordinance process by the end
of the year 2008, it became necessary to schedule the first reading of the Ordinance before an additional
work session could be held. Chair Jerke confirmed an additional work session will be necessary, since
there are many modifications to discuss. There being no further discussion, the motion carried
unanimously.
PLANNING:
CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR
CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC: Chris
Gathman, Department of Planning Services, stated staff has received a request for an extension from
Mead Crossings, LLC, the current property owner of Change of Zone #1071, originally approved in
October, 2005, as Adler Estates PUD. He indicated the extension request is due to the existing real estate
market conditions, and staff is in support of the request and recommends the deadline for submittal of the
Final Plan application be extended to October 19, 2009. Commissioner Rademacher moved to approve
said request. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER REQUEST TO PREADVERTISE USR#1665-HIGH PLAINS DISPOSAL, INC.: Mr. Gathman
stated the applicant has requested pre-advertisement of Use by Special Review #1665, within a letter
dated August 22, 2008, since there are no anticipated issues or concerns with the application materials.
He stated the Planning Commission date is scheduled for October 7, 2008, and the applicant is requesting
a hearing before the Board on October 29, 2008. Mr. Gathman indicated Section 2-3-40.C of the Weld
County Code requires that an applicant appear before the Board to explain why the pre-advertisement has
been requested, and show why the request is necessary due to emergency circumstances,or indicate why
the denial of a pre-advertisement request will create a severe economic hardship. He confirmed the
applicant has not demonstrated an emergency circumstance or severe economic hardship,therefore,staff
recommends denial of the request. He indicated he previously spoke with a representative,who indicated
a representative might be present for the meeting this morning; however, he is not sure that a
representative is present. Chair Jerke indicated the application is for an oilfield waste disposal facility, and
since winter is a heavy drilling season, he does not find justification to deny the pre-advertisement request.
Commissioner Masden indicated more discussion is necessary before pre-advertisement should be
granted, since the Board previously granted approval for a project which was not ready to move forward.
Chair Jerke clarified the previous issue referenced by Commissioner Masden was a request for the early
release of building permits, and he clarified the pre-advertisement request simply allows the applicant the
chance to have a hearing before the Board several weeks earlier. Mr. Barker reiterated the Code
reference cited by Mr. Gathman does require the applicant to justify the need for the pre-advertisement.
Commissioner Long indicated he wishes the applicant had provided explanation of the need for an earlier
hearing date; however, the Board understands the need even though it was not specifically addressed
within the applicant's letter, and he supports the request. Commissioner Garcia requested that staff direct
applicants to provide reasoning within future request letters. Commissioner Rademacher moved to
approve said request. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2008-14 and #2008-15 were approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, September 29, 2008 2008-2637
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
iionstkir BOARD OF COUNTY COMMISSIONERS
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WELD COUNTY, COLORADO
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Minutes, September 29, 2008 2008-2637
Page 7 BC0016
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