HomeMy WebLinkAbout20083358.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 22, 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, December 22, 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 - EXCUSED
Commissioner William F. Garcia - EXCUSED
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Administrative Services, Monica Daniels-Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of December 17, 2008, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on December 17, 2008, as follows: 1) USR #1671 - Weld County Department of
Public Works; 2)USR#1672-Jack and Shirley Fiscus,c/o Weld County Department of Public Works, and
3) USR#1658 - Michael Aberle. Commissioner Long 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 Long moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES-VIRGINIA RODRIGUEZ: Chair
Jerke read the certificates into the record, recognizing Virginia Rodriguez for 18 years of service, and
recognizing Marcella Garcia for 19 years of service, both with the Department of Human Services. Judy
Griego, Director of Department of Human Services, stated each of the women have served in the child
support unit, and they specialized in scheduling creative activities and encouraging teamwork. She stated
Ms. Rodriguez and Ms.Garcia have done an excellent job collecting and establishing resources for families
in Weld County. Nancy Lawson, Department of Human Services, stated the ladies have been an integral
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part of the Department and she wished them well in their retirement plans. Ms. Rodriguez thanked all of
her co-workers for honoring them in their retirement and she stated they will each miss their friends from
work. She also recognized the various attorneys who assisted in their work.
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - MARCELLA GARCIA: See
previous discussion above.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BRIDGE 27/66A REPLACEMENT (W/ CDOT) BID - DEPARTMENT OF PUBLIC WORKS:
Monica Mika, Director of Administrative Services, stated this item is the last bridge project in a two-bridge
series for 2008. She stated staff recommends approval of the low bid from Naranjo Civil Construction, Inc.,
in the amount of$586,559.00. Mike Bedell, Department of Public Works, stated Naranjo is a local Greeley
company which specializes in concrete work. He stated the company's references indicate they have
completed various small bridge projects, similar to the proposed project. He stated the bridge will range
from 40 feet to 60 feet wide over a canal, consisting primarily of reinforced concrete. Commissioner Long
moved to approve the low bid, in the amount of$586,559.00, from Naranjo Civil Construction, Inc., based
on staffs recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
APPROVE NORTH BUILDINGS CUSTODIAL SERVICES BID - DEPARTMENT OF BUILDINGS AND
GROUNDS: Ms. Mika stated staff recommends approval of the fourth low bid from Porter Industries, based
on satisfaction with the company's current support, as well as the quoted price. Chair Jerke commented
although they appear to be the fourth low bid, they actually ended up being the low bidder when all of the
specifications were considered. Ms. Mika agreed and stated they have been dedicated to the amount of
time needed to complete the work. No public testimony was offered concerning this matter. Commissioner
Rademacher moved to approve the fourth low bid, in the amount of$12,062.00, from Porter Industries,
based on staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RETURN OF COLLATERAL FOR AMENDED PLANNED UNIT DEVELOPMENT ZONE
DISTRICT, AMPZ #1004, APPROVE FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD
MAINTENANCE), AND AUTHORIZE CHAIR TO SIGN - LIFEBRIDGE CHRISTIAN CHURCH (CON'T
FROM 12/17/08): Bruce Barker, County Attorney, stated the Board continued this matter last Wednesday
to allow additional time to draft appropriate language regarding the amended terms of the Improvements
Agreement and collateral. He explained LifeBridge Church has delayed construction of the development,
therefore, the Amended Improvements Agreement only requires the posting of collateral at such time as
the developer commences work. He stated he authorized the release of the previous collateral, since it
expired,and he explained the amended agreement modifies Section 7.1 to delay the submittal of collateral
until work begins again and specifies that the work must be completed regardless of whether the property
is annexed into a municipality. Commissioner Rademacher moved to approve the return of said collateral
and approve the First Amendment to the Improvements Agreement According to Policy Regarding
Collateral for Improvements(Public Road Maintenance), and authorize the Chair to sign. The motion was
seconded by Commissioner Long, and it carried unanimously.
NEW BUSINESS:
CONSIDER SEMI-ANNUAL PROGRESS REPORT #4 FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated this report will be submitted to the
U.S. Department of Health and Human Services,Administration for Children and Families. She stated the
term of the report is from October 1, 2007, through September 31, 2008, and this is for the second year
Minutes, December 22, 2008 2008-3358
Page 2 BC0016
of a five-year grant for the Building Healthy Marriages Program. Ms. Griego stated the University of
Northern Colorado evaluates the Department and provides the program results in the report. She stated
the Department exceeded its target by serving 157 couples and 108 individuals. Commissioner Long
commented the report also reflects the Department's compliance with federal requirements. Commissioner
Long moved to approve said report and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER COLORADO PREVENTION PARTNERS PURCHASE OF SERVICES AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: Ms. Griego stated the
Department of Human Services will act as the pass through agency for funds from the Colorado
Department of Human Services,Alcohol and Drug Abuse Division. She stated the purpose of the Colorado
Prevention Partners Program is to reduce substance abuse in Weld County, following evidence-based
strategies using a multi-tiered approach. Ms. Griego stated the agreement will provide continued funding,
in an amount not to exceed$183,877.00,for a term beginning September 30, 2008,and ending September
29, 2009. Commissioner Long moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
TURNING POINT CENTER FOR YOUTH AND FAMILY DEVELOPMENT, INC.: Ms. Griego stated
Turning Point will provide comprehensive, highly structured day treatment services to female and male
youth, ages 12 through 18, at a rate of$85.00 per day for in-home family therapy, and $75.00 per day for
standard services, for a maximum reimbursement rate of $50,000.00. She stated the term of this
agreement is from November 1, 2008,through May 31, 2009. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
CONSIDER TWO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated Community Mediation Project, Inc., c/o Craig Conrad,
and United Way of Weld County will each provide continued services, as detailed in the staff
memorandum, as a part of the Building Healthy Marriages Project. She stated for these services,
Community Mediation Project will be reimbursed a maximum of$336,220.00, and United Way will be paid
up to $273,915.00. Commissioner Rademacher moved to approve said agreements and authorize the
Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2009 AND AUTHORIZE CHAIR TO
SIGN: Mr. Barker stated the Weld County Assessor has provided a Certification of Tax Levies and
Revenue to be certified by the Board of Commissioners and forwarded to the Department of Local Affairs
(DOLA). He explained, certifications have not been received from four districts; however, two of the
districts are in the process of being dissolved and one district did not report last year. He stated the
Assessor's Office and DOLA have been unable to contact representatives for the Highland Lake Estates
Metropolitan District, therefore, he recommends certifying the list, with the exception of those as reflected
in the Resolution. He further stated the Assessor will need to contact DOLA and request direction for an
extension on the four outstanding districts.Commissioner Rademacher moved to approve the Certification
of Tax Levies and Revenue for 2009 and authorize the Chair to sign, with the exception of the Highland
Lake Estates Metropolitan District, the Hunter Hill Metropolitan Districts Nos. 1 and 2, and the Southeast
Weld Conservation District, which have not submitted a Certification of Tax Levies as required by Section
39-1-111, C.R.S. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
AUDRA RAY: Commissioner Rademacher moved to approve said appointment and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, December 22, 2008 2008-3358
Page 3 BC0016
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-1, IN THE MATTER OF
REPEALING AND REENACTING,WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE
WELD COUNTY CODE: Commissioner Long moved to read Code Ordinance #2009-1 by title only.
Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Barker read said title
for the record. Ms. Mika stated, based on a work session discussion regarding Family Medical Leave Act
(FMLA)leave,staff recommends modifying Section 3-6-50.H to read as follows:"An eligible employee can
take up to twelve (12)weeks of leave under this policy during any twelve-month period. The County will
use the twelve month period measured forward from the date of any employee's first FMLA leave begins
in determining the twelve(12)weeks of leave entitlement." Chair Jerke commented although tracking the
various FMLA claims may be slightly more difficult to monitor during any twelve-month period, versus a
standard calendar year process, it appears this eliminates the ability to abuse the leave time. Ms. Mika
added it also serves to better meet the needs of the employee at the time FMLA leave is necessary. In
response to Chair Jerke, Mr. Barker stated there is no legal problem with the two new Commissioners
acting on this matter on Final Reading without having been present for the first two readings.
Commissioner Long moved to approve Code Ordinance#2009-1 on second reading, as amended. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION#4859-TED AND JAMIE SIMMONS: Chris Gathman,Department
of Planning Services, stated the subject site is located approximately one-fourth of a mile east of County
Road 13, and one-half of a mile south of County Road 86. He stated the applicant is requesting to divide
the property into two parcels measuring approximately 5.7 and 44.9 acres. He stated Lot A will be
accessed through a 40-foot utility and access easement extending from County Road 13 to the west, and
an agricultural access exists for Lot B. He explained the applicant has applied for a Recorded Exemption
in lieu of having the property condemned for use by the North Weld County Water District(NWCWD)for
a domestic water storage tank. Mr. Gathman stated the applicant is also requesting a waiver of the
five-year restriction for filing another Recorded Exemption. He explained, if the property had gone through
the condemnation process,the property would not have been subject to the five-year restriction,therefore,
staff supports the request. Mr. Gathman requested the addition of Condition of Approval #2.K.3 to state,
"The intent of this Recorded Exemption is to create a lot (Lot A), to be utilized by the North Weld County
Water District as a Major Facility of a Public Utility for a water tank facility. This Recorded Exemption was
utilized in lieu of a condemnation procedure to create this lot. If this lot had been created through a
condemnation procedure, the remainder of the parcel would have been eligible for a land exemption, per
Section 24-8-20.C.1 of the Weld County Code. Therefore, Lot B of this recorded exemption (RE-4589)
is eligible for a future land exemption." In response to Chair Jerke, Mr. Gathman stated there was a
condemnation proceeding to obtain the necessary access for proposed Lot A.
Chrysten Hinze, Attorney, stated rather than burden the taxpayers with the cost of condemnation, the
Recorded Exemption process appeared a feasible alternative, with the request to waive the five-year
restriction. In response to Chair Jerke, Ms. Hinze stated the NWCWD will locate two water tanks on the
parcel for domestic water storage. She stated the District did consider various sites; however, the subject
property provided the best elevation. Commissioner Rademacher stated it appears there is an access
agreement. In response to Chair Jerke, Ms. Hinze reviewed the Resolution and indicated agreement with
Conditions of Approval, as modified.
Commissioner Long moved to approve Recorded Exemption #4859 for Ted and Jamie Simmons, as
modified. Commissioner Rademacher seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2009-1 was approved on second reading.
Minutes, December 22, 2008 2008-3358
Page 4 BC0016
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 9:50 a.m.
,�,,,�_ BOARD OF COUNTY COMMISSIONERS
i it `` i. 4% WELD COUNTY, COLORADO
ATTEST: f °��'Gi,yt;�. •.. • I�' 1_, ,r -,.
i Ei ?'JMa}
illiam H. Jerke, Chair
Weld County Clerk to the Board ' �;-;o
`� _ j XCUSED
/ �� ��� � \ -/ Robed D. Masden, Pro-Tern
BY: ., l/u6� aui.��
Depu Clerk o he Board EXCUSED
W� F. Garcia
David E. Long
Dougl Rademach r
Minutes, December 22, 2008 2008-3358
Page 5 BC0016
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