HomeMy WebLinkAbout20081272.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 30, 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, April 30, 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
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of April 28, 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 Long moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Long stated an official announcement will
be forthcoming regarding the beginning of a family treatment program for methamphetamine addicts. He
indicated addicts are victims of their own choices in utilizing methamphetamines to avoid realistic problems,
and the children and other family members are also victims within these types of situations. He stated a
new treatment regimen has been created through collaboration of the Courts, Island Grove Regional
Treatment Center, and North Range Behavioral Health, which is a treatment regimen with a regional
concept. He further stated residential treatment will be provided through Island Grove Regional Treatment
Center,through grant funds provided by House Bill 1451. He clarified the collaboration provides a positive
relationship for Weld and Larimer Counties.
Commissioner Garcia stated he recently attended a meeting with the residents of the Ranch Eggs
Subdivision with Commissioner Masden. He indicated he learned at the meeting that the City and County
of Broomfield, which municipal limits are adjacent to the subdivision, are planning high-density
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development within the near future. He stated the meeting raised questions for the Department of
Planning Services regarding the coordination of utilities and roads between local municipalities and Weld
County. He further stated the Department of Planning Services has set up an organized meeting with the
City of Dacono, the Town of Erie, and the City and County of Broomfield, to discuss each municipality's
plans for the immediate area. He clarified the recent meetings will provide good information for area
residents concerning growth in the area, especially in relation to the necessity of providing adequate
transportation on regional roadways.
Chair Pro-Tem Masden stated he recently attended the hearings for the Energy and Mineral Impact Grant
applications, and confirmed that Weld County has received a grant, in the amount of one million dollars,
to be utilized for the construction of the new building for the Department of Social Services. He clarified
the overall budget for the construction project is approximately six million dollars.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $382,144.34
Electronic Transfers - All Funds $1,404,004.35
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (COUNTY
ROAD 39), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL
REVIEW#1604-MARCUM MIDSTREAM 1995-2 BUSINESS TRUST,C/O CONQUEST OIL COMPANY:
Don Dunker, Department of Public Works,stated the Department is retaining fifteen percent of the overall
cost, in the amount of$10,985.00, as a one-year paving warranty. He stated the improvements to the site
were completed approximately 1,000 feet north of the intersection of County Roads 39 and 28, and
included a left turn lane and deceleration lane. Commissioner Rademacher moved to approve said
agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER ASSIGNMENT OF CONTRACT FROM SOUTHERN CORRECTIONS SYSTEMS, INC.,
A DIVISION OFAVALON CORRECTIONAL SERVICES, INC.,TO COMMUNITY EDUCATION CENTERS,
INC.: Bruce Barker, County Attorney, stated the Board must approve the agreements awarded by the
State for the provision of services provided by the operator of the Community Corrections programs. He
stated Avalon Correctional Services, Inc., is the current provider of services; however, it is proposed that
Community Education Centers, Inc.,replace the current provider. He indicated the Community Corrections
Board has consented to the assignment of the current contract, and the Resolution contains other
appropriate consents in order to effectively assign the appropriate services. Mr. Barker clarified he
recommends approval of the Resolution.
Kevin Strobel, Chairman, Community Corrections Board, stated the finalization of the assignment of the
agreement is still taking place, and he requested the Board approve the assignment, assuming that the
agreement is finalized as expected. He clarified if the agreement is not finalized as expected, Avalon
Correctional Services, Inc.,will continue to provide the current services. He stated there are several public
safety needs at the establishment, and it is imperative that the Board act as soon as possible. He clarified
he has submitted a letter of support, marked Exhibit A, and Community Education Centers, Inc., has also
submitted a letter of intent to provide services. In response to Commissioner Garcia, Mr. Barker stated
Minutes, April 30, 2008 2008-1272
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the current contract with Avalon does have limitations regarding the assignment of the contract, including
a provision which states that the Board must approve the assignment. He further stated the provision
states that notice of 30 days must be given; however, the Resolution indicates the Board is waiving the
30-day notice requirement. Responding to Commissioner Long, Mr. Barker stated it is not necessary to
withhold approval of the Resolution contingent upon approval of the new agreement. He clarified the
Resolution indicates that if the agreement is assigned to the new provider, the Board concurs with the
assignment. In response to Chair Pro-Tem Masden, Mr. Strobel indicated the assignment of the
agreement will be effective as soon as the agreement is finalized; however, he does not have a specific
date for finalization. Kevin Duckworth, Mountain Region Director, Community Education Centers, Inc.,
indicated the finalization will most likely not occur by May 1, 2008; however, the time frame will be known
later in the day. Mr. Barker recommended the date of May 1, 2008 be deleted from the language within
the tenth paragraph of the Resolution, so that the language states, "...approve said assignment prior to
the effective date." He further recommended the language within the third paragraph of the Resolution
be modified to state,"...effective on,or about,May 1, 2008...". No public testimony was provided regarding
the matter. Commissioner Rademacher moved to approve said assignment of contract, with the
modifications as described by Mr. Barker. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE
NO. 239-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2008:
Mr. Warden stated Ordinance No. 239-A is the first supplemental appropriation to be considered for the
2008 Budget, which includes the re-appropriation of encumbrances and grants, etcetera. He indicated
State Statute requires that the Ordinance be published once prior to consideration by the Board,therefore,
the Ordinance will be published on May 7, 2008, and brought back for the Board's consideration on
May 12,2008. Commissioner Garcia moved to direct the Clerk to the Board to have published Emergency
Ordinance No. 239-A. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER SECOND AMENDMENT TO SETTING OF HEARING DATE, SETTING OF BRIEFING
SCHEDULE, AND ESTABLISHMENT OF CRITERIA FOR APPEAL OF PLANNING COMMISSION
DENIAL OF USE BY SPECIAL REVIEW #1629 FOR A MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY - A. DALE SLATER TRUST B/UNITED POWER, INC.: Mr. Barker stated the Board
approved a Resolution approximately one week ago, setting the hearing date for May 14, 2008; however,
the transcript of the Planning Commission hearing was not finalized due to extenuating circumstances
experienced by the transcriptionist. He indicated the transcript is now expected to be completed by May 1,
2008. He further stated the Attorney representing the Homeowners'Association has a conflict of interest
on May 14, 2008, therefore, he requested the hearing date be reconsidered. He indicated the Attorney
representing United Power, Inc., has consented to a hearing date of May 21, 2008, and the necessary
modified schedule. He further indicated the Board's docket for May 14, 2008, contains several land use
hearings, therefore, it is beneficial for the Board to approve the alternative hearing date of May 21, 2008.
He confirmed that the Attorney representing the Homeowners' Association will notify the appropriate
landowners of the new hearing date. Commissioner Rademacher moved to approve the second
amendment to setting of hearing date,setting of briefing schedule,and establishment of criteria for appeal
of the Planning Commission denial. 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.
Minutes, April 30, 2008 2008-1272
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LS r EXCUSED
�.a (i _ �j i • m H. Jerke, Chair
Weld County Clerk to the Board I ` (�
4 ���� � Robert D. Ma, en, Pr-676m
BY:: - u 1 lU c i Oc fi b I ��� ! l
Dep Cler o the Board K, C/
W' ' m F. Garcia
David E. Long
ougla Rademache
Minutes, April 30, 2008 2008-1272
Page 4 BC0016
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