HomeMy WebLinkAbout20082377.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 27, 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, August 27, 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
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of August 25, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added New Planning Item of Business #1: Consider
Cancellation and Release of Collateral for Use by Special Review Permit#1578 - Shawn Sarchet
[2008-2379]
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES-CHRISTELLA LOPEZ: Chair
Jerke read the certificate into the record, recognizing Christella Lopez for sixteen years of service with the
Department of Human Services. Judy Griego, Director, Department of Human Services,stated Ms. Lopez
was a very passionate employee, and worked within the Head Start program. She indicated she did not
have the chance to get to know Ms. Lopez on a personal basis; however, she has been a very important
contribution to the children of Weld County. Ms. Lopez was present to receive her certificate, and indicated
she has enjoyed working with the children and she will miss her co-workers; however, she is very excited
to finally be retiring. Commissioner Rademacher stated the first line of contact for Weld County residents
is through employees such as Ms. Lopez, and he expressed his appreciation to Ms. Lopez for her
dedicated service. Commissioner Garcia indicated the Board is proud of the Head Start program, and its
2008-2377
BC0016
success is due, in part, to the dedication of employees such as Ms. Lopez. He expressed his appreciation
to Ms. Lopez for her service.
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL - DAVID TRUE: Chair Jerke read
the certificate into the record, recognizing David True for his service with the Extension Advisory Council.
RECOGNITION OF SERVICES,WORKFORCE DEVELOPMENT BOARD-DANA VANDE BURGT: Chair
Jerke read the certificate into the record, recognizing Dana Vande Burgt for her service with the Workforce
Development Board.
LETTER OF APPRECIATION TO THE WELD COUNTY PARAMEDIC SERVICE FROM POUDRE
VALLEY HOSPITAL: Commissioner Masden indicated many of the employees within the Weld County
Paramedic Service put in a lot of time and dedication over and above what is required of their job duties,
which is very much appreciated by the Commissioners and the residents of Weld County. He read the
letter of recognition and appreciation from Poudre Valley Hospital into the record, and expressed his
appreciation to Rod DeRoo, Dave Jacoby, and Mitch Wagy, who were in attendance. He indicated he
understands the employees do an excellent job in their duties, and he is pleased that the employees are
also receiving other public recognition. He expressed his appreciation to the Paramedic Service as a
whole for going above and beyond their duties while providing help following the recent tornado and in
other times of need. Chair Jerke expressed his appreciation to all employees for being great ambassadors
for Weld County, and indicated he is pleased that the employees are able to maintain great working
relationships with other service providers within the area. Rod DeRoo, Weld County Paramedic Service,
stated is has been a pleasure to continue the great working relationship with the Poudre Valley Hospital.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Monica Mika, Director of Administrative Services, presented the following warrants for
approval by the Board:
All Funds $4,354,269.56
Commissioner Masden moved to approve the warrants as presented by Ms. Mika. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
APPROVE REBUILD/REPAIR VARIOUS LOCATIONS AT THE MISSILE SITE PARK BID -
DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated staff recommends acceptance of the
low bid from Choice Builders, in the amount of$97,976.00. Commissioner Rademacher moved to approve
said bid, based upon staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
OLD BUSINESS:
CONSIDER 2008 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR PRO-TEM TO SIGN(CON'T
FROM 08/25/08): Brenda Dones, Assessor's Office, stated the abstract is a compilation of all property
values within Weld County, within the ten classifications of vacant, residential, commercial, industrial,
agricultural, natural resources, producing mines, oil and gas, state assessed, and exempt. She indicated
the Assessor's Office is required by State statute to file the abstract with the Property Tax Administrator's
Office on an annual basis, which is then submitted to the State Board for review, and published within the
annual report. She further indicated the abstract also summarizes the data to be reported to each taxing
authority for budget purposes, and final figures are presented to each of the authorities on December 1
Minutes, August 27, 2008 2008-2377
Page 2 BC0016
of each year. Ms. Dones provided an in-depth review of the abstract for the Commissioners, on a
page-by-page basis, summarizing the total value overall increased by two percent from 2007 to 2008, due
in part to the twenty percent increase in state assessed valuation in conjunction with the Rockies Express
Pipeline Project, and the Cedar Creek Wind Farm. In response to Chair Jerke, Ms. Dones clarified the
figures for natural gas production are reported from 2007 values, at which time the price per barrel of oil
increased dramatically, and the value for natural gas dropped dramatically. She indicated the reduction
in value for oil and gas was because Weld County primarily produces natural gas. Further responding to
Chair Jerke, Ms. Dones indicated the installation of the Rockies Express Pipeline will help alleviate issues
in coming years,and the values have in fact already rebounded,with an expectation of additional increases
next year. She further clarified the loss within oil and gas was offset by the increase of equipment.
Commissioner Long moved to approve said abstract and authorize the Chair Pro-Tem to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING THE JUVENILE ASSESSMENT
CENTER AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services,
stated memorandum is among the Department, Centennial Board of Cooperative Education Services
(BOCES), and the Juvenile Assessment Center(JAC). She indicated the Department will provide funds,
in the amount of $39,728.00, to Centennial BOCES, to fund a full-time employee, which fulfills the
commitment to the JAC. She indicated the term of the memorandum is for a period of August 1, 2008,
through June 30, 2009, and the collaborative effort will allow the JAC to provide services to the community
to improve the safety of youth, prevention, intervention, comprehensive assessments, and improved
access to services. Commissioner Long moved to approve said memorandum and authorize the Chair
to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR FAMILY PLANNING PROGRAM AND AUTHORIZE CHAIR
TO SIGN: Linda Henry, Department of Public Health and Environment, stated the contract with the
Colorado Department of Public Health and Environment(CDPHE),will provide funding to be utilized within
the Family Planning Program, with an emphasis on increasing the total number of men and women
accessing services and increasing the utilization of reversible methods of contraception. She indicated
funds in the amount of $115,692.00 will be provided for a time period of October 20, 2008, through
June 30, 2009. She further indicated all funding is provided by the State, and she recommended approval
of the contract. Commissioner Rademacher moved to approve said task order contract and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER LIMITED AMENDMENT FOR TASK ORDER #1 FOR MATERNAL AND CHILD HEALTH
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Henry stated the amendment from the CDPHE will
provide continuation funding for the Maternal and Child Health Program,which enhances community based
systems of care, and will also be utilized to address performance measures to help ensure all families have
access to direct care services. She stated funds in the amount of$141,252.00 will be provided for a time
period of October 1, 2008, through September 30, 2009. Commissioner Masden moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR HEALTH CARE PROGRAM FOR
CHILDREN WITH SPECIAL NEEDS AND AUTHORIZE CHAIR TO SIGN: Ms. Henry stated the
amendment from the CDPHE provides for continuation funding, in the amount of$182,009.00, for a time
period of October 1, 2008,through September 30, 2009. She indicated funds in the amount of$81,904.00
are federal pass through funds, with the balance of$100,105.00 of funds from the State. She clarified the
funds will be utilized to facilitate the development and enhancement of community-based systems of care
for children with special health care needs, including interagency collaboration for eligible children who
Minutes, August 27, 2008 2008-2377
Page 3 BC0016
have, or are at-risk for, a chronic physical, developmental, behavioral, or emotional condition.
Commissioner Masden moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN-COLORADO CATTLE COMPANY: Ken Poncelow,Sheriff's Office,stated
he recently inspected the premises, and indicated the establishment serves wine during dinner, and sells
beer; however, no mixed drinks are available at the establishment. He indicated he has no concerns
regarding the renewal of the liquor license. Commissioner Long indicated he completed an inspection of
the premises approximately one year ago, and this is the first renewal for the establishment. Bruce Barker,
County Attorney, clarified the applicant mistakenly returned the application to the State first, therefore,
there has been a bit of a delay in reviewing the renewal request; however, the applicant is still allowed to
continue to serve the alcoholic beverages since the renewal request was processed before the previous
license expired. Commissioner Long moved to approve said renewal application and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 95 BETWEEN SH 52 AND CR 18: Janet Carter,
Department of Public Works, stated County Road 95, between State Highway 52 and County Road 18,
will be closed from August 21, 2008, to September 12, 2008, due to an emergency road washout. She
gave a brief description of the detour route, and indicated message boards will not be utilized. She further
indicated a traffic count is not available for this road. In response to Commissioner Rademacher,
Ms. Carter indicated water will be utilized for dust suppression, if necessary. She further confirmed the
barricade signs are located within County right-of-way, and not on private property. In response to Chair
Jerke, Ms. Carter reiterated there is no traffic count on the road at this time; however, this road will be
added to the list of necessary traffic counts for a traffic engineer to complete.
Commissioner Masden indicated he is familiar with the location of the road, and the road has presented
chronic problems within the past. He stated the road contains a very small amount of traffic, and he
requested that the Board consider not keeping the road open since it is rarely utilized. He indicated it may
not be worth providing additional work to fix this road since it continues to have problems, and he favors
requesting that staff permanently close the right-of-way. In response to Chair Jerke, Commissioner
Masden confirmed there are no residences along this stretch of road.
Commissioner Rademacher indicated he recently discussed this section of road with Pat Persichino,
Director, Department of Public Works, and stated he supports ceasing county maintenance of the
right-of-way since it only services two dryland farms; however, Mr. Persichino was not in favor of
abandoning maintenance. He stated the road is depressed between the two dryland parcels, and all
rainfall tends to drain right into the road, therefore, it will be costly to mitigate the problem. He stated he
concurs the road presents an issue for the Department, and he indicated the average daily traffic count
is less than five vehicle trips per day. Commissioner Masden indicated he prefers to delay action, and
bring the matter back in the future for consideration and discussion of removing county maintenance of
the road. Chair Jerke concurred with a continuance of the matter for approximately two weeks, in order
to discuss the road within a work session, concerning the future maintenance of the road. Commissioner
Rademacher indicated he heard reports that up to six inches of rain has fallen within the area, therefore,
it will be several weeks before the road is able to completely dry out. Mr. Barker clarified the request for
closure of the road serves as a warning to the traveling public that there is a dangerous situation on the
road, and the Board is indicating the matter of the road closure for the purpose of future maintenance
issues shall be discussed at a later date. He recommended the Board approve the road closure in order
to place barricades on the road to warn motorists. Commissioner Rademacher confirmed he contacted
the Department of Public Works and ordered that barricades be placed on the road to warn motorists since
the road was completely impassable. He further stated he desires to discuss maintenance issues
Minutes, August 27, 2008 2008-2377
Page 4 BC0016
concerning the road within a work session to determine the future of the road. In response to Chair Jerke,
Mr. Barker indicated the Resolution does not address the immediate maintenance work for the road, and
simply approves the closure of the road, and he recommended language be added to the Resolution
indicating the maintenance work will be deferred. Commissioner Rademacher indicated he desires to
discuss the plans for the road with the Department before the determination to delay maintenance work
is officially made. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 67 BETWEEN SH 392 AND CR 68: Ms. Carter stated
County Road 67, between State Highway 392 and County Road 68, was closed on August 18, 2008, due
to an emergency road washout. She indicated there are large puddles of water present on the road,which
renders the road impassable. She further stated she completed a site visit approximately a week ago, and
she noticed the pasture land surrounding this section of road is elevated above the road, and the low spot
in the road is adjacent to Crow Creek. She gave a brief description of the detour route, indicated message
boards will be utilized, and stated the average daily traffic count was 42 vehicles in August, 2006. In
response to Commissioner Long, Ms. Carter stated there are two residences which utilize this portion of
roadway, and currently the Department is waiting for the road to dry out due to the large amount of water
received during recent rainstorms. She clarified there is currently no proposed additional improvements
to the road. She further stated the installation of a culvert will not help the situation, as the flooding has
occurred within a low point in the road, and the mass amount of water had no where to flow in a quick
manner. Responding to Chair Jerke, Ms. Carter clarified most of the water was from drainage of the fields,
and the borrow ditches filled up quickly, therefore, the water was absorbed into the road. Commissioner
Rademacher indicated he believes the fields surrounding this section of road are planted in corn, and are
not irrigated. He stated the road cannot be easily drained, and building up the road to mitigate the problem
will be too costly for a count of 42 vehicles daily. He indicated huge rain events in a short period of time
occasionally cause these types of flooding problems to occur. Commissioner Long moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE BERTHOUD FIRE PROTECTION DISTRICT
OF THE 2006 INTERNATIONAL FIRE CODE, WITHIN THE DISTRICT'S UNINCORPORATED
PORTIONS OF WELD COUNTY: Mr. Barker stated he received the request from the Berthoud Fire
Protection District for the Board's consent to the enforcement of the District within the District's
unincorporated portions of Weld County. He indicated the Board recently completed a work session with
representatives of the District, and he indicated he provided a digital copy of the Resolution to the
Commissioners through e-mail for review. Chair Jerke indicated his previous questions were answered
during the work session, and the County does not have any concerns with the District. Commissioner
Garcia moved to approve said consent. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO THE NOXIOUS WEED MANAGEMENT
ADVISORY BOARD: Commissioner Masden moved to appoint Rene White, and to reappoint Bud
Clemons and Chuck Birkemeyer to the Noxious Weed Management Advisory Board, all with terms to
expire August 19, 2011. Seconded by Commissioner Rademacher, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-9, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Commissioner Long moved to read Ordinance#2008-9 by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously. Mr. Barker read said title into the record and stated a work
session was held following the second reading, and no changes have been made to the Ordinance since
second reading. In response to Commissioner Rademacher, Chair Jerke indicated the modifications
regarding reducing the average lot size to three(3)acres were made on second reading. He indicated the
Minutes, August 27, 2008 2008-2377
Page 5 BC0016
modifications give flexibility to developers while still protecting the County roadway criteria in regards to
drainage. He clarified new development within the County should not contribute to future problems for
future Commissioners,and should not create heavy stormwater drainage within County road right-of-ways.
No public testimony was provided concerning the matter. Commissioner Garcia expressed his appreciation
to Commissioner Rademacher and David Bauer, Department of Public Works,as well as other Department
employees, for their invested time, and indicated these modifications were brought forth through issues
presented through public comment, and staff worked with the Board to put together modifications which
will still protect the County and provide benefit to private landowners. Commissioner Masden concurred
with Commissioner Garcia, and expressed his appreciation to staff for creating changes which provide the
necessary flexibility. Commissioner Rademacher expressed his appreciation to Mr. Bauer for his dedicated
work regarding the issue, and he moved to approve Ordinance#2008-9 on final reading. The motion was
seconded by Commissioner Garcia. Commissioner Long expressed his appreciation to the members of
the public who brought this issue forward, and indicated it has been a positive experience for the Board
to work together to mitigate the issues presented through Code changes. There being no further
discussion, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT #1578 - SHAWN SARCHET: Chair Jerke stated Michelle Martin, Department of Planning
Services, was not available to be present at the meeting today due to the late request of the addition to
the agenda. He indicated the applicant contacted him late in the day on Tuesday, August 26, indicating
all of the improvements were completed on the site, and all of the paperwork was ready for approval to
release the applicant's collateral; however, it was not ready at that point to be listed as an item of business.
He indicated the Office of the Clerk to the Board, along with staff from the Departments of Planning
Services and Public Works, agreed to facilitate the applicant's request, in order to release the collateral
so that the appropriate contractors could receive payment. He confirmed the Board recently toured the
wedding and conference facility east of the Town of Platteville, located on County Road 32, and indicated
he is pleased that the applicant's request has been taken care of in a very timely manner. Don Carroll,
Department of Public Works, stated he reviewed the transportation items at the site, and confirmed the
facility is very attractive. He indicated all of the transportation improvements have been completed to the
Department's satisfaction, therefore, he recommended release of collateral. He clarified the Department
is not requesting that any collateral be retained as a warranty. Commissioner Masden moved to approve
said cancellation. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-9 was approved on final 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, August 27, 2008 2008-2377
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
0:"'"? 1` WELD COUNTY, COLORADO
ATTEST: j4 rY. `. r' a� /fir/ /-//
'lliam H. Jerke, Chair
Weld County Clerk to the Board 3614Z2
II � Robe D. Masden, Pro-Tem
B . U i1 V � y Q( 1
De•j Clerk R. the Board L L L.-
W is F. Garcia
David E. Long
- 'oug as ' - emach r
Minutes, August 27, 2008 2008-2377
Page 7 BC0016
Hello