HomeMy WebLinkAbout20081655.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 9, 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, June 9, 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
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 4, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on June 4, 2008, as follows: 1) Oral arguments for appeal of Planning Commission Denial of
USR#1629-A. Dale Slater Trust B/United Power, Inc.; 2) USR#1648-Richard and Cynthia Stalcup; and
3) USR#1650 - United Farmers Cooperative. Commissioner Rademacher seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following items to the
Agenda under New Business: 16) Consider Contract for Victim Services Funding and authorize Chair to
sign - Victim's Assistance and Law Enforcement (VALE) Board [2008-1656]; 17) Consider Contract
Amendment #4 for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program and
authorize Chair to sign [2008-1657]; 18) Consider Grant Award for Women's Wellness Connection
Program and authorize Chair to sign [2008-1658]; 19) Consider Task Order Contract for Disease
Surveillance Program(West Nile Virus Surveillance and Testing)and authorize Chair to sign[2008-1659];
and 20) Consider Limited Amendment for Task Order#1 for Air Quality Program and authorize Chair to
sign [2008-1660]. Commissioner Garcia seconded the motion, which carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
2008-1655
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,232,355.13
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT EMERGENCY MANAGEMENT SYSTEM ANALYSIS BID - PARAMEDIC SERVICE: Monica
Mika, Director of Administrative Services, read the names of the vendors who submitted a bid into the
record. Said bid will be presented for approval on June 23, 2008. (Clerk's Note: Following the meeting
staff requested the matter be presented for Approval on Wednesday,June 25, 2008.) In response to Chair
Jerke, Ms. Mika stated the prices range from $40,000.00 to$80,000.00, and there are two vendors which
did not submit an amount. She stated staff will be conducting telephone interviews to determine a bid
recommendation. Responding to Chair Jerke, Ms. Mika stated a work session has been scheduled
following the interview process.
APPROVE MAILING SYSTEM BID - DEPARTMENT OF ADMINISTRATIVE SERVICES (CON'T FROM
06/04/08): Ms. Mika submitted a revised Memorandum, based on work session discussions, and
recommended the board approve the bid from Pitney Bowes. She stated although it is not the low bid,
Pitney Bowes equipment is currently used throughout the County, staff is usually able to obtain service or
assistance over the phone for general repairs, and the equipment has been found to be reliable and
durable. Ms. Mika added the remaining two bidders do not meet the specifications regarding envelope
thickness or the production of 130 images per minute. Responding to Commissioner Garcia, Edna Mata,
Print Shop Supervisor, stated if the machines are unable to process three-quarter-inch letters, staff will
have to manually process the pieces, and they do not have the amount of staff or time required for manual
processing. Commissioner Garcia moved to approve said bid, based upon staff's recommendation.
Seconded by Commissioner Long, the motion carried unanimously.
OLD BUSINESS:
CONSIDER ESTABLISHING VOTE CENTERS FOR 2008 PRIMARY AND GENERAL ELECTIONS
(CON'T FROM 06/02/08): Bruce Barker, County Attorney, stated the Board previously requested
additional discussion regarding the possibility of adding a vote center in the Town of Hudson. Rudy
Santos, Clerk and Recorder's Office, stated following a work session with the Board on June 5, 2008, staff
inspected the Hudson Town Hall, which failed to pass the Americans with Disabilities Act (ADA) site
survey. He stated the disabled parking was not marked, the curb cuts were out in the street, and the
lighting was not adequate. He further stated there are not many options in a small municipality such as
the Town of Hudson. Responding to Chair Jerke, Mr. Santos stated the addition of a vote center in the
City of Dacono, and relocation of a vote center from the Erie High School to the Recreation Center, have
been included on the proposed map of vote centers throughout Weld County. He further stated the
Hudson residents currently travel to existing vote centers in the Towns of Lochbuie and Keenesburg,
approximately seven miles away. Commissioner Rademacher moved to establish said vote centers.
Seconded by Commissioner Long, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 73 BETWEEN CRS 18 AND 24.5: Leon Sievers,
Department of Public Works, stated County Road 73 will be closed for 16 days, and a message board will
be used to notify the public. He stated the detour route includes five miles of gravel roads, a dust
suppressant will be used, and the average daily traffic count on County Road 73, in 2007, was
Minutes, June 9, 2008 2008-1655
Page 2 BC0016
approximately 436 vehicles per day. Commissioner Garcia moved to approve said temporary closure.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CR 17 AND MILLIKEN CITY LIMITS:
Mr. Sievers stated County Road 52 will be closed for 18 days, for a distance of approximately one and
one-quarter miles, for the final phase of the construction project. He stated message boards are not
scheduled to be placed; however, the project will be posted with road signs and barricades. He further
stated the detour route is approximately four miles of paved roadway, so dust control will not be an issue.
In response to Chair Jerke, Mr. Sievers stated County Road 52 is a gravel road, with an average daily
traffic count of 280 vehicles per day, and the project consists of upgrading the road with recycled asphalt.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 20
AND AUTHORIZE CHAIR TO SIGN - LEO OSBURNSEN: David Snyder, Department of Public Works,
stated this Nonexclusive License Agreement is being required as a Condition of Approval for a two-lot
Recorded Exemption on the property owned by Leo Osburnsen. In response to Commissioner Jerke,
Mr. Snyder stated this is within close proximity to the Town of Keenesburg,there are no other Nonexclusive
License Agreements along this section line, and staff did not receive any correspondence from the
surrounding property owners who were notified of this request. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR
10 AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE GATHERING, LLC: Mr. Snyder stated this
Nonexclusive License Agreement is being entered into as a Condition of Approval for an Amended Use
by Special Review (USR) Permit. He stated Kerr-McGee Gathering will upgrade a portion of the County
Road 10 Section line, which is already in use, and staff has received no complaints from surrounding
property owners. In response to Chair Jerke, Mr. Snyder stated the USR has been approved by the Board,
and this agreement will finalize the transportation issues. Commissioner Rademacher moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING FENCE RELOCATION FOR IMPROVEMENTS TO CR 2 AND
AUTHORIZE CHAIR TO SIGN - GARY AND BARBARA GULLIKSEN: Mr. Sievers stated this is property
number ten (10) of twelve (12) along the County Road 2 project being completed, in conjunction with
Adams County. He stated the site is located north of County Road 2, approximately one-half mile east of
County Road 39, and the County will reimburse the property owner, in the amount of$4,073.00, to replace
an existing fence. In response to Chair Jerke, Mr. Sievers stated Adams County has one less property
owner to deal with on this joint venture. He further stated this project resulted in two acquisitions, which
were split between the Counties. Commissioner Garcia moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (U0866395) - PUBLIC SERVICE
COMPANY OF COLORADO(XCEL): Brenda Dones,Assessor's Office,stated staff recommends approval
of the petition, since a typographical error on the original assessment resulted in a $21,000,000 error. In
response to Mr. Warden, Ms. Dones stated the large assessment correction will result in a minimal tax
refund adjustment, in the amount of$8,694.00, due to a very low mill levy. Commissioner Rademacher
moved to approve said petition, based upon staff's recommendation. Seconded by Commissioner Long,
the motion carried unanimously.
Minutes, June 9, 2008 2008-1655
Page 3 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R6411486 AND R6265186) -
TAGAWA GREENHOUSES: Ms. Dones stated staff recommends the petition be approved, in-part. She
explained the value was agreed upon for 2005 and 2006, and although the appraisal was entered correctly
for both years, it was not corrected in the assessment software. She stated staff recommends approval
of an abatement for the 2005 tax year, in the amount of $11,384.68. No public testimony was offered
concerning this matter. Commissioner Garcia moved to approve said petition in-part, based upon staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R6272386) - GREENLEAF
WHOLESALE FLORISTS/KITAYAMA BROTHERS: Ms. Dones stated staff recommends denial of this
petition, since the petitioner has not provided any documentation to support an abatement. She further
stated it is anticipated that this denial will be appealed to the Board of Assessment Appeals. Responding
to Chair Jerke, Ms. Dones stated staff has been assessing greenhouses in accordance with recent court
decisions. No public testimony was offered concerning this matter. Commissioner Rademacher moved
to deny said petition, based upon staff's recommendation. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-ECHOSTAR SATELITE, LLC, DBA
DISH NETWORK: Ms. Dones stated staff recommends approval of this petition, and she explained the
primary issue is the$250.00 personal property exemption,which is based on consumptive use. She stated
if pieces of personal property equipment have a life of less than one year, or an original installed cost of
less than $250.00, then they are exempt from taxation. She stated, in this case, the equipment was
considered as one unit; however a recent court decision determined these types of equipment must be
considered separately. She stated the assessed value should be corrected to$214,504.00, which results
in a refund of $17,999.33. In response to Chair Jerke, Ms. Dones stated the petitioner will also be
submitting abatements for tax years 2004, 2006, and 2007. Commissioner Garcia moved to approve said
petition, based upon staffs recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY,AND AUTHORIZE CHAIR
TO SIGN TITLES FOR TRANSFER OF SAME TO COLORADO DEPARTMENT OF TRANSPORTATION:
Barb Connolly, Controller, stated the Colorado Department of Transportation (CDOT) has requested the
transfer of two vans,which were not in full operations at the Weld County Division of Transportation, back
to CDOT. She stated the vans were purchased with federal funds, and CDOT intends to place them with
another entity that needs them. Commissioner Garcia moved to declare said equipment as surplus
property, authorize the transfer of same, and authorize the Chair to sign said titles. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER RETAC MASS CASUALTY EMERGENCY OPERATIONS PLAN: Dave Bressler, Director,
Weld County Paramedic Service, stated the RETAC Mass Casualty Emergency Operations Plan will
become part of the Weld County Medical Annex Disaster Plan. He stated it is consistent with other
counties in the RETAC and also meets the standards of the Office of Emergency Management and the
All Hazards Region. Commissioner Long moved to approve said Operations Plan. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR MEDICAL DIRECTOR SERVICES AND AUTHORIZE CHAIR TO SIGN-
NORTH COLORADO EMERGENCY PHYSICIANS, P.C.: Mr. Bressler stated on January 1, 2008, the
Paramedic Service switched medical directors from Dr. Jim Campaign to Dr. Tyler James. He stated the
new Director requested an update of the services contract to adjust the hourly time he works with Weld
County, as well as language updates for consistency with State statutes and the Colorado Department of
Public Health and Environment. Commissioner Garcia commented the proposed rate seems very
Minutes, June 9, 2008 2008-1655
Page 4 BC0016
reasonable, and he moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
RYAN FARR: Commissioner Garcia moved to appoint Ryan Farr as a Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN
ALL NECESSARY DOCUMENTS-MYRNA STOLL: Mr.Warden stated under this agreement the County
will acquire property located south of the Social Services building to be used for additional parking. He
stated the property will be purchased from Myrna Stoll, in the amount of$235,000.00. In response to Chair
Jerke, Mr. Warden stated this completes most of the difficult acquisitions for this project, and he
recommends completing transactions on all of the remaining properties. He stated there is one other
property which is not necessary to complete the project if it cannot be acquired. Commissioner Long
moved to approve said agreement and authorize the Chair to sign all necessary documents. The motion
was seconded by Commissioner Garcia. Mr. Warden stated the agreement has been amended, at the
request of Ms. Stoll, to move the closing date from July 17, 2008, to August 1, 2008. Mr. Barker stated
the closing date amendment will be reflected in the contract, not the Resolution.
CONSIDER AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN
ALL NECESSARY DOCUMENTS- MANUEL ROMERO AND ROSALIE PISANO: Mr.Warden stated this
agreement was previously approved by the Board, in the amount of$65,000.00; however, it expired while
staff was trying to negotiate the other properties. He stated the closing date for this agreement has also
been extended to August 1, 2008. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign all necessary documents. Seconded by Commissioner Long,the motion carried
unanimously.
CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO SIGN -
VICTIM'S ASSISTANCE AND LAW ENFORCEMENT(VALE)BOARD: Susan Cvancara, Sheriff's Office,
stated this contract will allow continued funding for her staff position on the Weld County Law Enforcement
Victim Services Unit. Commissioner Long moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #4 FOR EARLY AND PERIODIC SCREENING, DIAGNOSIS,
AND TREATMENT(EPSDT)PROGRAM AND AUTHORIZE CHAIR TO SIGN: Linda Henry, Department
of Public Health and Environment, stated this amendment will provide funding to provide case
management, outreach, and support services for children who are on Medicaid in the northeast region of
Colorado. For these services, Ms. Henry stated Weld County will be reimbursed, in the amount of
$138,817.00, for a term beginning July 1, 2008, and ending June 30, 2009. Commissioner Garcia moved
to approve said contract and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER GRANT AWARD FOR WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Ms. Henry stated this grant award will provide funding for staff to do case management
for women who need follow-up, outreach, education, translation, and navigation of services for the
provision of diagnostic services. She stated Weld County will receive funding, in the amount of
$69,974.48, for the term beginning July 1, 2008, and ending June 30, 2009. Commissioner Rademacher
moved to approve said grant award and authorize the Chair to sign. Commissioner Long seconded the
motion, which carried unanimously.
Minutes, June 9, 2008 2008-1655
Page 5 BC0016
CONSIDER TASK ORDER CONTRACT FOR DISEASE SURVEILLANCE PROGRAM (WEST NILE
VIRUS SURVEILLANCE AND TESTING)AND AUTHORIZE CHAIR TO SIGN: Trevor Jiricek, Department
of Public Health and Environment, stated under this contract the Weld County Department of Public Health
and Environment will receive funding, in the amount of$29,000.00, for the collection, identification, and
submission of dead birds and vector mosquitos for testing. Commissioner Long moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER LIMITED AMENDMENT FOR TASK ORDER #1 FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Mr. Jiricek stated under this amendment the Weld County Department
of Public Health and Environment will receive funding, in the amount of$80,781.16,to conduct and operate
an air quality monitoring network. He stated at the work session the Board questioned the source of
funding, and he explained the Air Pollution Control Division receives 21 percent of its funding from the
federal government, and the rest is generated by permit fees. He stated if there are emissions, the source
must pay an annual fee based on the number of tons of emission, through the Air Pollution Emission
Notice. Responding to Chair Jerke, Mr. Jiricek stated the Department of Public Health and Environment
typically approves burn permits, unless there is cause for concern. Commissioner Garcia moved to
approve said task order amendment and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW#402-WPD,
LLC, C/O THE CARROLL GROUP, LTD.: Michelle Martin, Department of Planning Services, stated staff
received a letter from the applicant, dated May 15, 2008, indicating all of the required improvements were
complete. She stated on May 22, 2008,staff from the Departments of Planning Services and Public Works
conducted a site inspection and found all of the improvements were complete, therefore, she recommends
release of the collateral, in the amount of$39,821.00. In response to Chair Jerke, Ms. Martin stated this
will release all of the collateral for the project. Commissioner Rademacher moved to approve said
cancellation and release of collateral. Seconded by Commissioner Garcia, the motion carried
unanimously.
SECOND READING OF ORDINANCE#2008-5, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE:
Commissioner Garcia moved to read Ordinance#2008-5 by title only. Seconded by Commissioner Long,
the motion carried unanimously. Mr. Barker read said title into the record. Ms. Martin explained currently
Section 22-1-150 states no inclusions or amendments shall be made to the Southeast Weld Mixed Use
Development(MUD)Area Structural Land Use Map without previously amending the criteria section of the
Code, defining the criteria for such an amendment. She reviewed the criteria proposed by Pioneer
Communities, Inc., which establishes procedures for expansion of the Southeast Weld MUD boundaries,
modification of land use classification, and language amendments. She reviewed a PowerPoint
presentation, included with her Staff Comments, marked Exhibit 1, summarizing the proposed criteria for
each of the three processes. In response to Chair Jerke, Ms. Martin stated it would be appropriate to strike
the words"social service provision needs, "and ChairJerke and Commissioner Garcia proposed replacing
the words with the phrase "greater community needs." In response to Commissioner Rademacher,
Ms. Martin stated some of the requirements mirror the criteria for amending the 1-25 MUD, although they
were expanded to allow for the three separate processes, depending on the request. She stated there
have been discussions regarding the potential for using a similar format for amendments to the 1-25 MUD.
Mr. Barker stated if the Board accepts this proposal, he recommends using a similar process, with only
a few differences based on location. Ms. Martin completed her review of the PowerPoint presentation, for
the record, and stated the applicant's representative is in agreement with the proposal, as presented, and
is available to answer any questions.
Minutes, June 9, 2008 2008-1655
Page 6 BC0016
Joy McGee, Reutzel and Associates, LLC, represented the applicant and stated the proposed Code
amendment was generated, since there is no current process under which to amend the Southeast Weld
MUD. She stated their goal is to amend the Southeast Weld MUD for the benefit of the Pioneer
Communities development,and she is aware that it may change for consistency purposes when the overall
Comprehensive Plan amendment is considered. In response to Chair Jerke, Ms. McGee stated she and
her client have no concern with deleting the references to "social service provision needs." Chair Jerke
commented he does not want the language to create problems in the future. Ms. McGee concurred that
the intent was to recognize the public services afforded to County constituents.
No public testimony was offered concerning the matter. Commissioner Long moved to strike the phrase
"social service provision needs" and replace with it with "greater community needs."
Commissioner Long moved to approve Ordinance #2008-5 on second reading, with the amendment as
previously approved. The motion was seconded by Commissioner Garcia. Ms. Martin stated
Sections 22-1-150.B.5.a.4 and 22-1-150.B.5.b.4 will both need to be changed. There being no further
discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-5 was approved on second reading, with amendments.
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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: EIJI a_
William H. Jerke, Chair
Weld County Clerk to the B 446 tr
EXCUSED
Robert D. Mlasden, Pro-Tem
BY: -
Deputy Clerk the Board - j--
I i. F. Garcia
David E. Long
ougl s Rade acher
Minutes, June 9, 2008 2008-1655
Page 7 BC0016
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