HomeMy WebLinkAbout20082545.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 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, September 22, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 17, 2008, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 17, 2008, as follows: 1)USR#1661 -Hasbrouck Holdings, 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 Long 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: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,019,124.76
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
2008-2545
BC0016
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NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-COLORADO REAL ESTATE, LLC,
AND MICHAEL MCNANEY: Brenda Dones, Assessor's Office, stated the property owner protested the
value of the property for tax year 2008, and the value of the property was reduced to $131,025.00,
therefore, the property owner may also petition the same value for tax year 2007. She indicated the
abatement will result in a refund in the amount of $1,254.86. Commissioner Rademacher moved to
approve said petition, based upon staff's recommendation. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR WORKFORCE DEVELOPMENT PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
Expenditure Authorization is for program year 2008, for the Wagner Peyser Adjustment, in the amount of
$145,291.00, and the Workforce Innovation in Regional Economic Development(WIRED)Adjustment, in
the amount of $28,204.00. She stated the funds will be utilized to provide services to job seekers and
employers,as outlined within the Workforce Investment Act, and the services identified in the Weld County
Multi-Industry Systems Technician(MIST)program under the WIRED grant. Commissioner Garcia moved
to approve said expenditure authorization and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER FOUR CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated Barry Lindstrom, Ph.D., will provide consultation
services, for a maximum reimbursement amount of $5,000.00, to be paid through Child Welfare
Administration funds. She further stated each of the three locations of the Tennyson Center will provide
either day treatment services, or community and home-based services, for a maximum reimbursement
amount of$20,000.00, to be paid through CORE Services funds. She indicated all of the agreements are
for a term of June 1, 2008, through May 31, 2009. Commissioner Long moved to approve said
agreements 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-ISLAND GROVE REGIONAL TREATMENT CENTER: Ms. Griego stated
the agreement provides for continued funding, not to exceed $150,000.00, for a Project Coordinator
employed by Island Grove Regional Treatment Center, survey expenses, training, equipment purchases,
and related operating expenses. Commissioner Garcia moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER COLORADO WORKS PROGRAM AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
RIGHT TO READ OF WELD COUNTY, INC.: Ms. Griego stated Right to Read of Weld County, Inc., will
provide literacy and English-proficiency services to eligible clients of the Temporary Assistance for Needy
Families(TANF)Program. She indicated the maximum reimbursement amount of$50,000.00 is for a term
of July 1,2008,through June 30, 2009. Commissioner Long expressed his appreciation to Ms. Griego and
Commissioner Garcia for their hard work on this program which will provide a large benefit to citizens within
Weld County. Chair Pro-Tem Masden concurred and expressed his appreciation to Commissioner Garcia
for being pro-active to direct the beginning of the program. Commissioner Garcia indicated he is excited
to help people learn the English language,and the program funds will be money well spent. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TWO CONSULTANT AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated the agreements,for the Family Educational Network of Weld County,
Head Start Program, are for a term of August 20, 2008, through May 29, 2009. She indicated Jean
Minutes, September 22, 2008 2008-2545
Page 2 BC0016
McCarthy and Judy Frank will each provide vision screening services, at a rate of $48.00 per hour, for a
maximum reimbursement amount of $48,000.00. Commissioner Rademacher moved to approve said
agreements and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY
COLLEGE: Ms. Griego stated Aims Community College has agreed to provide training for child care
providers in the subjects of early childhood development, family child care, school-age care, and
infant/toddler care. She indicated the funding for the agreement, in the amount of$58,240.00, is provided
through the Child Care Administration Block Grant Funding, to allow for a total of 320 participants. She
stated the term of the agreement is June 30, 2008, through May 31, 2009. In response to Chair Pro-Tem
Masden, Ms. Griego clarified the services are provided to licensed child care providers and workers within
licensed child care centers, and a large majority of the training will take place in group settings.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START BASIC TRAINING AND
TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Regional
Head Start Program will serve 180 children, and the grant application is in the amount of$1,489,860.00,
and the Migrant and Seasonal Head Start Program will serve 562 children, and the grant application is in
the amount of $2,814,779.00. She indicated the grant applications for both programs are for a term of
January 1, 2009, through December 31, 2009. In response to Mr. Warden, Ms. Griego confirmed the
figures were mistakenly swapped,therefore,the Regional Head Start Program will serve 562 children,with
the grant application in the amount of$2,814,779.00, and the Migrant and Seasonal Head Start Program
will serve 180 children, with the grant application in the amount of $1,489,860.00. Responding to Chair
Pro-Tem Masden, Ms. Griego confirmed the programs work to prepare children for kindergarten, and part
of the responsibility is to help the children learn English language proficiency. Commissioner Long moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT AND SEASONAL HEAD
START BASIC TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN:
Based upon the previous discussion,Commissioner Long moved to approve said application and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL#2 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - EDWARD AND ELIZABETH STREHLOW: Leon Sievers, Department of
Public Works, stated this is the first of five parcels to be acquired for the County Road 27 Federal Bridge
Replacement Project, and the property is located on the east side of County Road 27, north of the existing
bridge. He indicated the Department will acquire 0.049 acres of right-of-way, in the amount of$3,088.00,
and the value is based upon the report prepared by H.C. Peck and Associates, and approved by the
Colorado Department of Transportation (CDOT). He further indicated the Department will also acquire
3,703 square feet of temporary construction easement, in two separate parcels, for a total of$526.00, and
the property owner will be reimbursed, in the amount of$1,250.00, for landscaping and sod which will be
destroyed during the construction process. He clarified the total compensation amount is $4,864.00.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign any
necessary documents. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, September 22, 2008 2008-2545
Page 3 BC0016
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL#2 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS - PODTBURG AND SONS DAIRY, LLC: Mr. Sievers stated this is the
second of five parcels to be acquired for the County Road 27 Federal Bridge Replacement Project, and
the property is located west of the existing bridge. He indicated the Department will acquire 0.174 acres
of right-of-way, in the amount of$2,880.00, and 0.218 acres of temporary construction easement, in the
amount of $361.00. He further indicated there are no other costs associated with this agreement,
therefore, the total compensation to the property owner is in the amount of $3,241.00. In response to
Commissioner Rademacher, Mr. Sievers clarified the costs associated with irrigation facilities will be
included within the construction project costs. Commissioner Garcia moved to approve said agreement
and authorize the Chair to sign any necessary documents. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO BRIDGE 27/66A
OVER GREELEY CANAL #2 AND AUTHORIZE CHAIR TO SIGN - RICHARD, PHYLLIS, JEFF, AND
KENNETH PODTBURG: Mr. Sievers stated is the third of five parcels to be acquired for the County Road
27 Federal Bridge Replacement Project, and the property is located on the west side of County Road 27,
south of the existing bridge. He indicated the Department will acquire 0.09 acres of temporary construction
easement, in the minimum amount of $300.00. Commissioner Rademacher moved to approve said
easement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER ADOPTION OF WELD COUNTY/LONGMONT/MEAD SUBAREA ANALYSIS(BLACK HOLE
TRAFFIC STUDY): Janet Carter, Department of Public Works, stated the Department is requesting the
Board adopt the analysis presented by Felsburg, Holt, and Ullevig. In response to Commissioner
Rademacher, Ms. Carter indicated if the Town of Firestone is successful in annexing State Highway 119,
the Town will be requested to also adopt the analysis for the affected portions of the road. She clarified
the Town of Mead has already adopted the analysis, and the City of Longmont is currently within the
process of adopting the analysis. Further responding to Commissioner Rademacher, David Bauer,
Department of Public Works, stated the County has already adopted the State Highway 119 Access Plan,
along with the City of Longmont and CDOT, and CDOT is the controlling party of the Access Plan. He
further stated the plan includes half-mile spacing for traffic signals so that traffic volumes are effectively
conveyed for eastbound and westbound traffic. Commissioner Rademacher moved to adopt said analysis,
based upon staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT TO BYLAWS FOR WELD COUNTY COMMUNITY CORRECTIONS BOARD
AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the amended bylaws add a
standing position for a representative from the Sheriff's Office, and the amended bylaws have been
approved by the Community Corrections Board. He clarified the added position makes a modification to
the number required for a quorum. Commissioner Garcia moved to approve said bylaws and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZING CHAIR TO VOTE ON BEHALF OF WELD COUNTY IN CITY OF GREELEY
ELECTION AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated the City of Greeley is holding a special
election regarding the Downtown Development Authority, and the form provided is similar to the proxies
provided by ditch companies for annual elections. He indicated the Resolution authorizes the Chair, on
behalf of Weld County as a landowner, to cast a vote in the election held on November 4, 2008.
Commissioner Long moved to approve said authorization to vote and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, September 22, 2008 2008-2545
Page 4 BC0016
CONSIDER STATEMENT OF SUPPORT FOR ALTERNATIVE TWO OF DRAFT ENVIRONMENTAL
IMPACT STATEMENT(90,000-ACRE-FOOT CHIMNEY HOLLOW RESERVOIR)-WINDY GAP FIRMING
PROJECT: Mr. Barker stated Chair Jerke requested that this Resolution of support be presented to the
Board for consideration. He indicated the United States Department of the Interior drafted an
Environmental Impact Statement for the Windy Gap Firming Project on August 29, 2009. He further
indicated the alternative proposed by fourteen municipalities, communities, and industries, is for the
90,000-acre-foot Chimney Hollow Reservoir, which will be located west of Carter Lake. He indicated the
Resolution supports the alternative and provides reasons for the support, and if approved, the Resolution
will be sent to the United States Department of the Interior. In response to Commissioner Rademacher,
Mr. Barker indicated he is not aware if the City of Fort Collins is supporting the alternative; however, the
City of Greeley does support the alternative. Commissioner Rademacher moved to approve said
statement of support. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE CHAIR TO SIGN-U.S.
DEPARTMENTS OF JUSTICE AND TREASURY: Mr. Barker stated the agreement allows for property,
known as the Hudson Labor Camp, which was seized from the Javier Rodriguez family during the course
of a forfeiture action during an Immigration and Customs Enforcement(ICE) raid, will be transferred from
the Federal Government to Weld County. He indicated the County plans to transfer the property to the
Town of Hudson, and in order for the property to be transferred, the agreement must be signed before
September 30, 2008. He clarified a match is required from a law enforcement agency, and the Sheriff's
Office will be able to claim approximately 28 hours of service during the ICE raid. He further clarified the
buildings on the property need to be demolished, and the Town of Hudson will obtain a bid for the cost of
demolition. Chair Pro-Tem Masden confirmed the process to transfer the property to the Town of Hudson
has been ongoing for the past several years. In response to Commissioner Rademacher, Mr. Barker
confirmed the Town of Hudson will have to pay all necessary demolition costs,which has been made clear
to the Town. He indicated he is trying to determine what the form of the transfer will be, so that once the
transfer is provided to Weld County, the document may be recorded and a Quit Claim Deed be completed
to the Town of Hudson. He further indicated it could potentially take several more years until the transfer
is complete; however, he is hoping the process will be completed in a shorter timeframe. Mr. Warden
confirmed the transfer of the property will need to occur simultaneously so that the County cannot be held
liable for the property. Commissioner Rademacher moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES (PILT) FOR 2008: Barb Connolly,
Controller, stated the funds, received in lieu of taxes in conjunction with the Pawnee National Grasslands,
will be distributed as a 50-percent split between the local County School Districts and the Department of
Public Works. In response to Commissioner Rademacher, Ms. Connolly confirmed the School Districts
are located within the northern portion of the County. Mr. Warden clarified the County is required to
provide the funds to either the Department of Public Works, or the area School Districts, and the County
has had a long-standing agreement to split the funds equally. He further clarified one percent of the overall
funds is provided to Colorado Counties, Inc., for lobbying costs. Commissioner Long moved to approve
said distribution. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2008: Ms. Connolly stated this item
of business is similar to the previously discussed item, and confirmed the distribution will also be a 50-
percent split between the area School Districts and the Department of Public Works. Commissioner Long
moved to approve said distribution. 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.
Minutes, September 22, 2008 2008-2545
Page 5 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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: L. < EXCUSED
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Weld County Clerk to the Board '�a (�
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David E. Long
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Dougla Rademach r
Minutes, September 22, 2008 2008-2545
Page 6 BC0016
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