HomeMy WebLinkAbout20082305.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 25, 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 25, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair- EXCUSED
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 20, 2008, as printed. Commissioner Long seconded the motion, and
it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinances #2008-11
and #2008-12 by tape. Commissioner Garcia seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on August 20, 2008, as follows: 1)USR #1655 - Gerald and Beverly Ewing; 2) USR #1656 -
Great Western Oil and Gas Company, LLC; and 3) AmUSR #1501 - Andersen Properties, LLC.
Commissioner Rademacher 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 Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $1,119,597.14
Commissioner Garcia moved to approve the warrants as presented by Ms. Connolly. Commissioner Long
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING FOR JOINT FUNDING FROM THE BUREAU OF
JUSTICE ASSISTANCE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY (CON'T FROM
08/18/08): Bruce Barker, County Attorney, stated an explanation was provided by Kim Fleithman of the
Sheriffs Office during an earlier work session. He indicated federal funds will be provided to the City of
Greeley, and the funds will be shared with Weld County, as required. He indicated the memorandum,with
the City of Greeley, provides funds in the amount of$8,122.67, to be utilized for a variety of equipment as
explained by Mr. Fleithman, and the City will retain funds in the amount of$16,245.33. He clarified the
memorandum serves as a sharing agreement for the purpose of dividing the funds. Commissioner Long
moved to approve said memorandum and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER 2008 ABSTRACT OF ASSESSMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated
Christopher Woodruff, Assessor, normally presents the data within the abstract to the Board; however, he
is not present today, therefore, he suggested the matter be continued to the next board meeting on
Wednesday, August 27, 2008, at 9:00 a.m. In response to Chair Pro-Tem Masden, Mr. Barker clarified
he does not believe there is a deadline for submittal to the State. Commissioner Rademacher moved to
continue said abstract to August 27, 2008, at 9:00 a.m. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER CONTRACT AMENDMENT#1 TO 2007 WELD COUNTY YOUTH CONSERVATION CORPS
CONTRACT AND AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY
SERVICE, COLORADO AMERICORPS PROGRAM: Judy Griego, Director, Department of Human
Services, stated the effective date of the amendment is July 7, 2008, and the performance period is
October 1, 2007, to September 30, 2008. She indicated the amendment will lower the original funding
amount from$163,800.00 to$157,951.00, and she recommended approval. Commissioner Rademacher
moved to approve said contract amendment and authorize the Chair to sign,and the motion was seconded
by Commissioner Long. In response to Commissioner Garcia, Ms. Griego indicated the amount was
reduced so that the State may utilize additional funds for marketing purposes. There being no further
discussion, the motion carried unanimously.
CONSIDER 2008 WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT AND AUTHORIZE
CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO
AMERICORPS PROGRAM: Ms. Griego stated the term of the agreement is October 1, 2008, through
September 30, 2009, and funding in the amount of $151,200.00 will be provided through Federal
AmeriCorp funding, the Workforce Investment Act, and project fees. She clarified there is no required
match of County funds, and indicated the AmeriCorps Program provides work opportunities for local youth
to make improvements within the community. Responding to Commissioner Rademacher, Ms. Griego
stated she is unsure why the funding level has been reduced from the previous year. Commissioner
Rademacher moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
Minutes, August 25, 2008 2008-2305
Page 2 BC0016
CONSIDER EXPENDITURE AUTHORIZATIONS FOR WORKFORCE DEVELOPMENT PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorizations are for various
Workforce Development programs, and she gave a brief explanation of each of the programs, the grant
period of each program, and indicated the total overall funding is in the amount of $68,457.00. She
indicated the funds for these programs are provided through the Workforce Development Act, and are
utilized to serve eligible individuals for the main purpose of obtaining and retaining employment.
Commissioner Garcia moved to approve said expenditure authorizations and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER COURT SECURITY GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN -
COLORADO OFFICE OF THE STATE COURT ADMINISTRATOR COURT SECURITY CASH FUND:
Monica Mika, Director of Administrative Services, stated a previous grant application was approved by the
Board,and this second grant application requests seven additional two-way radios to be utilized by security
officers, to be combined with the first application, for a total of 24 two-way radios. She clarified this grant
application provides funds in the amount of$37,357.03 to purchase the additional seven radios, as well
as the appropriate licensure and amplifiers. Commissioner Rademacher moved to approve said grant and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION FOR CRS 6
AND 4 EXPANSION PROJECT AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Mika stated the
application is for grant funds, in the total amount of$4.4 million, to be applied for in conjunction with the
City of Brighton, with approximately $2 million in funds to be provided as a match from Vestas Blades
Americas, Inc. In response to Commissioner Rademacher, Ms. Mika confirmed a portion of the project
on County Road 6 is controlled by the City of Fort Lupton, which is aware of the project; however, prior to
receiving the grant funds, Weld County must receive approval from the City of Fort Lupton. She further
stated the grant funds will also be utilized to upgrade County Road 4, which is located entirely within
unincorporated Weld County. Further responding to Commissioner Rademacher, Ms. Mika indicated if
the City of Fort Lupton does not submit approval, the funds provided through this application will be
reduced proportionally. Commissioner Rademacher moved to approve said application and authorize the
electronic submittal. Seconded by Commissioner Garcia, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-11, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Mr. Barker stated the Ordinance modifies Chapter 3 of the Weld County Code, and
provides an example and explanation to the text regarding a conflict of interest for employees. He
indicated an employee may not appear before the Board as a paid representative of an applicant or
opponent during a land use hearing; however, an employee may still testify on their own behalf as an
affected private property owner. No public testimony was provided concerning the matter. Commissioner
Rademacher moved to approve the first reading of Ordinance#2008-11, and the motion was seconded
by Commissioner Garcia. In response to Commissioner Rademacher, Mr. Barker indicated the proposed
amendment was provided to Sue Elton, Don Warden, and Monica Mika, who are the Directors which deal
with personnel issues; however, he will provide the proposed amendment to other Department heads as
well. There being no further discussion, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-12, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE: Mr. Barker stated the definition of vicious dog will be deleted from Chapter 14 of the
Weld County Code since State statute provides clear direction regarding dogs at large and vicious dogs.
He clarified the District Attorney's Office was previously prosecuting a case regarding a vicious dog in
which the Code and State statute conflicted. He indicated the addition of the language to the Code was
a mistake, and this type of violation shall follow State statute. Mr. Barker stated further modifications
Minutes, August 25, 2008 2008-2305
Page 3 BC0016
include the requirement to apply for a kennel license if more than four dogs, over the age of six months,
are contained on a property consisting of ten acres or less,within a recorded subdivision or PUD, or platted
townsite. He stated the time limit for a jail sentence of a dog owner convicted of a Class 2 Misdemeanor
has been reduced from nine months to 180 days(six months). No public testimony was provided regarding
the matter. Commissioner Rademacher moved to approve the first reading of Ordinance #2008-12, and
the motion was seconded by Commissioner Long. Commissioner Garcia indicated he previously concurred
with the modifications presented within this Ordinance; however, he now has serious concerns regarding
a property owner potentially spending jail time for owning more than four dogs on their property.
Responding to Commissioners Garcia and Rademacher, Mr. Barker clarified the limit of four dogs is
specific to property owners who own less than 10 acres of property located within a recorded subdivision
or PUD, or platted townsite. He clarified the proposed modification is a result of a previous situation in
which a property owner lived within a platted townsite, who was keeping between five and eleven dogs on
her property, and the dogs were constantly leaving the property, causing problems for neighbors. He
indicated there was no language within the Code that allowed the property owner to be charged with
anything other than a land use violation. He further clarified if a property owner owns more than ten acres,
outside of a recorded subdivision or PUD, or platted townsite, a total of eight dogs, over six months in age,
are allowed by right. He explained the Code language used to state that a property owner was in violation
if more than four dogs were kept on any size property; however, the language now indicates property
owners of more than ten acres may keep up to eight dogs on the property, or, they must apply for a kennel
license for additional dogs. Chair Pro-Tem Masden indicated he would like to have more in-depth
discussion regarding the issue at the next work session. There being no further discussion, the motion
carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2008-10, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Commissioner Garcia moved to read by title only. Seconded by
Commissioner Rademacher,the motion carried unanimously. Mr. Barker read said title into the record and
stated the payment card industry data security standard, which is utilized by most government agencies,
will be added as Section 5-5-250. He indicated no modifications have been presented since first reading.
No public testimony was provided concerning the matter. Commissioner Rademacher moved to approve
the second reading of Ordinance #2008-10. Seconded by Commissioner Garcia, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-11 and #2008-12 were approved on first reading, and Ordinance #2008-10
was approved on second 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 25, 2008 2008-2305
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
'��` BOARD OF COUNTY COMMISSIONERS
�,/�j� 40 / ` WELD COUNTY, COLORADO
ATTEST: ��� %EXCUSED
ti.• a : � illiam H. Jerke, Chair
Weld County Clerk to the Board II. 4 11411
I / / ,, Robert D. Masden,Pro-Tem
BY:t ao Dep Clerk Q° the Board
Willi F. Garcia
cs �r
David E. Long
Dougla ademacher
Minutes, August 25, 2008 2008-2305
Page 5 BC0016
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