HomeMy WebLinkAbout20080047.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 7, 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, January 7, 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, Elizabeth Strong
Controller, Barb Connolly
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of January 2, 2008, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,339,645.60
Electronic Transfers - All Funds $280,602.99
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Long
seconded the motion, which carried unanimously.
2008-0047
BC0016
072-et/-08
NEW BUSINESS:
CONSIDER LETTER OF AGREEMENT FOR STEPS TO A HEALTHIER WELD COUNTY PROGRAM
AND AUTHORIZE CHAIR TO SIGN - GREELEY-EVANS SCHOOL DISTRICT 6: Gaye Morrison,
Department of Public Health and Environment, stated this a revision to an agreement already in place.
In response to Chair Jerke, Ms. Morrison stated the funding for the agreement comes from the State
Department of Public Health and Human Services. Responding to Commissioner Masden, Ms. Morrison
stated success will be measured by meeting the objectives in the work plan. She stated staff has met and
surpassed the objectives of the work plan in the past. Commissioner Masden inquired if childhood obesity
is being addressed with the school districts. Ms. Morrison stated the issue is being addressed in the
school district and the School Health Coordinator has obtained the Body Mass Index(BMI) scores of the
children in elementary school and a report was given to Congress regarding Behavior Risk Factor
Surveillance Survey data. She stated the results of the survey indicate a dramatic improvement, including
improvement in healthy trends, and more information will be available soon. In response to Chair Jerke,
Ms. Morrison stated the 2005 data has indicated more people are exercising. Commissioner Masden
moved to approve said Letter of Agreement and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER CANCER, CARDIOVASCULAR DISEASE, AND PULMONARY DISEASE COMPETITIVE
GRANT APPLICATION FOR THE HEART OF WELD PROGRAM AND AUTHORIZE CHAIR TO SIGN:
Ms. Morrison stated this is an application for cardiovascular disease prevention, designed to enhance the
Women's Wellness Connection screening service,which presently performs cancer screening. She stated
the screening is for Weld County residents who are women between the ages of 40 and 64. She stated
women are usually the gatekeepers to health practices for the entire family; therefore, staff feels the
women in the Program will involve the entire family in healthier habits and the entire family is encouraged
to participate in the Program. She stated this grant will enable the Department to add a public health nurse
and a medical assistant to it's staff. She further stated the term of the agreement will be July 1, 2008,
through June 30, 2011. In response to Commissioner Masden, Ms. Morrison stated this Program is similar
to the smoking cessation grants, since the Program will encourage healthier lifestyle habits. She stated
the women will be screened for risk factors and placed in classes appropriate to their needs, including
classes which teach about better nutrition and smoking cessation. Further responding to Commissioner
Masden, Ms. Morrison stated the Department offers incentives to the participants; however, noone will be
penalized for choosing not to enroll in classes. She stated staff will work in conjunction with the care
providers at Sunrise Clinic, who will refer clients to the Program. She further stated there have been up
to 90 people show up for exercise classes with a Spanish speaking instructor. In response to Chair Jerke,
Ms. Morrison stated this is brand new grant; however the Colorado Tobacco Tax funding has existed for
several years. Further responding to Chair Jerke, Mr. Morrison stated the Program is targeting women
for two reasons. She explained the first reason is the Department already has access to this group of
women, and the second reason is the Department believes women are the ones to generally implement
these changes in the home. She further stated the Department is basing the Program on the National
Wise Woman Program,which has been viewed favorably and as a success. In response to Commissioner
Jerke, Ms. Morrison stated the application is due on January 9, 2008. Commissioner Rademacher stated
the Department had agreed to allow the Board to review these sort of matters at a work session, in
advance of the presentation at the Board meeting. He explained it is difficult to review so many pages of
information at the meeting. Ms. Morrison apologized more information was not provided to the Board in
advance, and explained this grant will address life style modification and screening for cardiovascular
disease. Chair Jerke directed the Board to view the "lobbying restrictions" listed on Page 7 of the
application, and read the Section into the record. He stated the Section does not specify the restrictions
apply on the County government level, and he has reservations regarding approving this application
without it specifying there will be no lobbying at this level of government. Commissioner Garcia moved to
support an amendment to include City, County, and Federal government, in addition to the State. Bruce
Barker, County Attorney, stated he believes House Bill 05-1262 is a limitation on State lobbying, and he
Minutes, January 7, 2008 2008-0047
Page 2 BC0016
does not believe it applies to County governments. Commissioner Long stated the Board may need to
research some of the terms. Chair Jerke stated unless the Bill specifies all subdivisions of government,
it is usually restricted to the State. He suggested continuing the matter to later in the meeting to allow Mr.
Barker to draft a paragraph regarding lobbying at the County level. Mr. Barker stated he will also attempt
to view the House Bill. (Clerk's Note: Chair Jerke recessed the matter until the remaining items of new
business had been heard.) Mr. Barker stated Section 17 of House Bill 05-1262 is a restriction on using
money for lobbying if it came from the Tobacco Settlement Fund, and the restriction goes with the money;
therefore, whichever entity is in possession of these funds may not use it for lobbying. He stated there is
no need to add any branch of government since the Bill applies to any entity which has use of the funds.
Commissioner Jerke stated he still wants to include language to specify these funds cannot be used for
lobbying at a local level. Mr. Barker stated it may not be a function of the Board to require the State
language be changed; however it would be appropriate for the Board to issue a directive to staff. Mr.
Barker suggested the Board include a Condition of Approval in the Resolution that states the lobbying
restrictions apply to any local government, in addition to the ones specified in the Bill. Commissioner Long
moved to amend the Resolution to include the Condition of Approval suggested by Mr. Barker.
Commissioner Garcia seconded the motion, which carried unanimously. Commissioner Long moved to
approve said grant application and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER 2008-2009 COMMUNITY SERVICES BLOCK GRANT (CSBG) APPLICATION AND PLAN
AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director, Department of Human Services, stated
this is the annual Community Services Block Grant (CSBG) application and plan recommended by the
Transit Committee, and it is similar to prior years. He stated there are some changes regarding the Social
Services General Fund,which provide more flexibility for transportation funds. Commissioner Long moved
to approve said grant application and plan and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Mr. Barker
stated no concerns were expressed regarding this application renewal; therefore, he recommended
approval. Pete Wagoner, Sheriff's Office, stated he submitted a memorandum expressing his
recommendation for approval of this application. In response to Commissioner Garcia, Mr. Wagoner
stated this establishment is primarily a restaurant and it only offers a few selections of beer, and it does
not offer any wine or spirits. In response to Commissioner Jerke, Mr. Wagoner stated there have been
no reports of this establishment over-serving patrons or serving underage individuals. Commissioner
Rademacher moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - BAYOU HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE:
Mr. Barker stated this and the next item are both applications for dance hall licenses and both last through
December 31, 2007. He stated he has no concerns regarding this facility. Commissioner Long moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN - RJML, LLC, DBA OCEANS BAR RESTAURANT: Mr. Barker stated this
establishment was formerly named La Maravilla; however, it changed names last fall. He stated there
have not been any recent problems reported. In response to Chair Jerke, Mr. Barker stated the ownership
has not changed. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, January 7, 2008 2008-0047
Page 3 BC0016
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS TO CR 29 (71ST AVE),
BETWEEN C STREET AND CR 64, AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Drew
Scheltinga, Department of Public Works, stated this project has been in the County Five-Year-Plan for
some time, and the agreement has been approved by the Greeley City Council. He stated the agreement
is to pave approximately 1,100 feet within the City of Greeley and approximately 3,100 feet within the
County, and each agency will be responsible for the cost within its jurisdiction. He stated the estimated
cost for the City of Greeley is $300,000.00 and the estimated cost for Weld County is $460,000.00, for a
total project amount of $760,000.00. He further stated the City of Greeley will replace an old bridge with
a concrete box culvert and paving a parking lot for the Poudre River Trail. Mr. Scheltinga stated the project
is scheduled to design in 2008 and to construct in 2009, and the City and County will use their own work
crews. In response to Commissioner Rademacher, Mr. Scheltinga stated the necessary right-of-way has
not been obtained and the City of Greeley and Weld County will each be responsible for obtaining the
right-of-way needed for their particular part of the project. He stated the County will not require much
right-of-way for it's part of the project. In response to Commissioner Masden, Mr. Scheltinga stated the
parcel which will most require attainment of right-of-way is owned by the City of Greeley. Commissioner
Jerke stated in the past in similar situations, the County has performed improvements with the
understanding the road would be annexed by the City following the improvements. Mr. Scheltinga stated
there is nothing in this agreement regarding annexation. He stated most of the County owned portion of
the land is in the Poudre River floodplain; therefore, there are restrictions regarding development in the
area. Chair Jerke stated the County may still consider asking the City to maintain the roadway since it is
not an efficient use of County resources to maintain 1,100 feet of roadway. Commissioner Rademacher
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER RESOLUTION RE: ACKNOWLEDGE SATISFACTION OF REQUIREMENTS FOR COUNTY
ROAD 3 - HIGHVIEW DEVELOPMENT, LLC: Rich Hastings, Department of Public Works, stated this is
a nine-lot subdivision located on County Road 3. He stated the developer, Frank Wright, entered into an
agreement to share the County costs for improvements to County Road 3. He further stated the County
completed the improvements in October, 2007, and escrowed funds in the amount of $18,000.00 were
provided to the County in November, 2007, leaving Mr. Wright an unpaid balance of $36,000.00.
Mr. Hastings explained Stephanie Arries, Assistant County Attorney, drafted an agreement to allow Mr.
Wright more time for repayment of the owed funds. He stated on December 28, 2007, Mr. Wright sold the
remaining lots and paid the remaining $36,000.00. Commissioner Masden stated he has recently driven
on County Road 3 and the County crews did a good job improving the road. Mr. Hastings stated he is
pleased with the quality of the work performed on this section of road and noted Mr. Wright was also
impressed. Commissioner Masden moved to approve said resolution. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN -
JASON WOLFE: Commissioner Garcia moved to appoint Jason Wolfe as a Deputy District Attorney and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENTS TO BOARD OF TRUSTEES FOR NCMC: Commissioner Long moved to
reappoint Linda Winter and William Fisher, and to appoint Jeffrey Carlson to the Board of Trustees for
North Colorado Medical Center. Commissioner Masden seconded the motion,and it carried unanimously.
CONSIDER APPOINTMENTS TO THE HUMAN SERVICES COMMITTEE: Commissioner Long moved
to appoint Elizabeth Ortiz, Brad Patterson, and Kevin Thompson, and to reappoint Tom Denning to the
Human Services Committee. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, January 7, 2008 2008-0047
Page 4 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SUBDIVISION, S #431 - DAIRY
FARMERS OF AMERICA, INC.: Kim Ogle, Department of Planning Services, stated a letter requesting
the full release of collateral was received by staff on November 19, 2007, and staff recommends release
of the full amount at this time,which is in the amount of$150,136.95. In response to Chair Jerke, Mr. Ogle
stated the County has had the collateral since 1997, since an item requiring placement of a sidewalk had
not previously been completed. Commissioner Masden moved to approve said cancellation and release
of collateral. Seconded by Commissioner Garcia, the motion 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.
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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Minutes, January 7, 2008 2008-0047
Page 5 BC0016
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