HomeMy WebLinkAbout20072038.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 16, 2007
TAPE #2007-19
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, July 16, 2007, 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 David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia - EXCUSED
Commissioner Robert D. Masden - EXCUSED
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 July 11, 2007, as printed. Commissioner Jerke seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on July 10, 2007: 1) Violation Hearings, and Hearings conducted on July 11, 2007: 1)
USR #1602 - Brad and Scott Cockroft Dairy, LLC, c/o AGPROfessionals; 2) Show Cause Hearing for
USR #1193 - Gary Novotny; and 3) USR #1597 - Platte River Power Authority, Attn: Mike Dahl.
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 Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2007-2038
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $550,553.19
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 55.5 BETWEEN CRS 388 AND 58.5: Leon Sievers,
Department of Public Works, stated County Road 55.5, between County Roads 388 and 58.5, will be
closed from July 23, 2007, through August 4, 2007, for installation of a waterline. He stated the closure
will only apply during daylight hours, and the road will remain open in the evenings. He further stated
landowners along the detour route have been notified, and have been giving the option of placement of
magnesium chloride, or in lieu of dust abatement measures, a $300.00 cash deposit. In response to
Commissioner Rademacher, Mr. Sievers stated the cash deposit will be provided by the North Weld
County Water District; there will be no expenses provided by the County. Commissioner Rademacher
moved to approve said temporary closure. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - TOWN OF FREDERICK:
Mr. Sievers stated this parcel is a part of the County Road 13 Strategic Roadway Project, and the parcel
is located north of State Highway 52. He stated the Department has been in negotiations with Dacono
Investments for approximately 3.4 acres of right-of-way and 0.33 acre of easement. He further stated the
company is willing to donate the property for the construction project, in return for the conveyance of the
soon-to-be abandoned 1.9 acres of existing right-of-way on County Road 13, located immediately north
of State Highway 52, which will be removed as a result of straightening the road. Mr. Sievers stated the
donation will save the County approximately $40,000.00 in right-of-way acquisition costs. He stated the
right-of-way will be transferred to the Town of Frederick upon completion of the project and County
Road 13 is currently located within the Town of Frederick,therefore,the deed will be conveyed to the Town
of Frederick, which will facilitate the land swap. He further stated the Town of Frederick will accept
ownership, therefore, the Department recommends approval. In response to Commissioner Jerke,
Mr. Sievers stated only 60 feet of right-of-way will be conveyed. Commissioner Rademacher moved to
approve said quit claim deed and authorize the Chair to sign. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER ESTABLISHMENT OF PRECINCTS AND VOTE CENTERS FOR 2007 GENERAL
ELECTION: Bruce Barker, County Attorney, stated precincts are required by State statute to be set by the
Board of County Commissioners, and the location of vote centers are also established. He stated the
Resolution identifies the precincts in accordance with the modifications recently made to the District
boundaries, and the list of vote centers coincides with the established precincts. Commissioner Jerke
moved to approve said establishment of precincts and vote centers for the 2007 general election.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AMENDMENT TO SUPPLEMENTAL LEASE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN: Mr. Barker stated Weld County leases property to the Federal Aviation Administration which
contains a tower for the placement of beacons necessary for operations at Denver International Airport.
He stated the term of the lease will now be one-year increments, which are renewable automatically.
Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, July 16, 2007 2007-2038
Page 2 BC0016
CONSIDER DECLARING CERTAIN EQUIPMENT SURPLUS PROPERTY, AND AUTHORIZE SALE OF
SAME TO SUNNY COMMUNICATIONS, INC.: Barb Connolly, Controller, stated the equipment on the
tower located on 35th Avenue has been updated, and the old equipment is now obsolete. She stated
Sunny Communications has presented an offer to purchase the obsolete equipment, in the amount of
$4,750.00.Commissioner Rademacher moved to approve declaring certain equipment as surplus property
and authorize the sale of the same to Sunny Communications, Inc. Commissioner Jerke seconded the
motion, which carried unanimously.
CONSIDER THREE AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION
PROGRAM FOR INMATES AND PAROLEES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR
TO SIGN: Sharon Behrens, Community Corrections, stated the three agreements are with Behavioral
Interventions, Inc., Rocky Mountain Offender Management Systems, and Southern Corrections Systems,
Inc. She stated the agreements provide for required routine testing for inmates and parolees, and the
term of the agreements are July 1, 2007, through June 30, 2008. Commissioner Jerke moved to approve
said agreements and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER THREE CONTRACTS FOR COMMUNITY CORRECTIONS PROGRAM WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Behrens stated the contracts are with Southern
Corrections Systems, Inc., COMCOR, Inc., and Correctional Management, Inc.,for a term of July 1, 2007,
through June 30, 2008. In response to Commissioner Jerke, Ms. Behrens stated the agreements provide
for inmates to serve their sentences at The Villa, or to serve their sentences outside of Weld County.
Commissioner Rademacher moved to approve said contracts and authorize Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER AMENDMENT NO. 1 TO AGREEMENT FOR INMATE ELECTRONIC HOME MONITORING
SERVICES AND AUTHORIZE CHAIR TO SIGN - BI INCORPORATED: Mr. Warden stated this
amendment is for the continuation of the agreement for the Sheriff's Office to provide electronic home
monitoring services for inmates. He stated the inmate is required to pay an additional fee of$12.50 per
day for in-home detention and remote alcohol testing. Commissioner Jerke moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher,the motion carried
unanimously.
CONSIDER APPOINTMENT TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner
Jerke moved to appoint Bill Delap to the Uniform Building Code Board of Appeals as the engineer
representative, with a term to expire December 31, 2009. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER APPOINTMENT TO NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL AND
TRAUMA SERVICES ADVISORY COUNCIL(NCRETAC): Commissioner Rademacher moved to approve
the reappointment of Donovan Ehrman to the Northeast Colorado Regional Medical and Trauma Services
Advisory Council, with a term to expire June 30, 2009. Seconded by Commissioner Jerke, the motion
carried unanimously.
SECOND READING OF ORDINANCE #2007-3, IN THE MATTER OF AMENDING CHAPTER 19
COORDINATED PLANNING AGREEMENTS, ARTICLE XV HUDSON PLAN, OF THE WELD COUNTY
CODE: Commissioner Jerke moved to read said Ordinance by title only. Seconded by Commissioner
Rademacher, the motion carried unanimously, and Mr. Barker read said title into the record. Tom Honn,
Director, Department of Planning Services, stated the amendment will change the physical boundary
included in the Intergovernmental Agreement with the Town of Hudson. In response to Commissioner
Minutes, July 16, 2007 2007-2038
Page 3 BC0016
Jerke, Mr. Honn stated the boundary lines to be amended are incorporating areas which have already been
annexed to the Town of Hudson, therefore, sufficient notice would have been provided through the
annexation process. He stated the amendment is to make the boundary lines consistent. Responding to
Chair Long, Mr. Honn stated the amendment was triggered by two significantly large annexations,including
the proposed prison site. Mr. Barker explained the proposed prison location is a part of Section 27,
northwest of Interstate 76. He further stated the boundary line between Sections 25 and 26, an extension
of County Road 47, and County Road 16.5, will be annexed to achieve contiguity. He stated a parcel
located adjacent to Interstate 76 was annexed several years ago; however, the map was not amended to
reflect the change. In response to Commissioner Rademacher, Mr. Honn stated he is not sure if the
proposed truck plaza will be within the boundaries; however, he will update the Board as soon as he figures
out the answer. No public testimony was offered concerning the matter. Commissioner Rademacher
moved to approve Ordinance#2007-3 on second reading. Seconded by Commissioner Jerke,the motion
carried unanimously.
SECOND READING OF ORDINANCE#2007-4, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE:
Commissioner Jerke moved to read said ordinance by title only. Seconded by Commissioner Rademacher,
the motion carried unanimously. Mr. Barker read said title into the record and stated the original
amendment was for the ability to provide language regarding restrictions to automatic payroll deductions,
which was approved on first reading. He stated several new modifications have been requested for second
reading, and are considered housekeeping matters. Mr. Barker explained all the proposed modifications,
including the wording"Human Resources"in the place of"Personnel"throughout Chapter 3,a modification
to Section 3-3-10, to include tardiness as part of an unexcused absence, and a modification to
Section 3-6-10, to remove the second sentence of Paragraph C,due to redundancy. He further explained
Section 3-6-50 will be modified to include language suggested by the Mountain States Legal Counsel,
including the addition of the second sentence in Paragraph H, and the addition of the second item under
Paragraphs K and M. He stated the word "doctors" will be replaced with "healthcare providers", and the
words "and other forms of alternative medicine" will be added to the term "chiropractic services," within
Section 3-8-20, and Section 3-9-10 will be modified to clarify that only Regular full time or part time
employees are eligible for tuition assistance. Mr. Barker stated the Family Educational Network of Weld
County (Head Start)will now be excluded from the pay steps described in Section 3-10-90, and the first
two sentences of Paragraphs A, B, and C will be removed, as well as the percentage of the rate of pay for
each of remaining paragraphs. In response to Commissioner Jerke, Mr. Warden stated the percentages
were established through a study completed many years ago; however, the pay table establishes the
steps, therefore the language is redundant. Mr. Barker stated Paragraph J of Section 3-10-90 will be
eliminated, and the text will be placed as the first two sentences of the note at the end of the section. He
stated Section 3-10-110 will be modified to address Head Start employees, and the first sentence of
Paragraph D in Section 3-12-10 will deleted, and the words "and child support orders"will be added for
approved garnishments. Responding to Commissioner Jerke, Mr.Barker stated the changes made on first
reading were in Section 3-10-130. No public testimony concerning the matter was offered. Commissioner
Rademacher moved to approve Ordinance #2007-4 on second reading. Seconded by Commissioner
Jerke, the motion carried unanimously.
SECOND READING OF ORDINANCE#2007-5, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE:
Commissioner Rademacher moved to read said ordinance by title only. Seconded by Commissioner Jerke,
the motion carried unanimously. Mr. Barker read said title into the record and stated the additions of
Section 30-2-80.A.2 and Appendix 30-F were approved on first reading, concerning Individual Sewage
Disposal Systems. No public testimony was offered concerning the matter. Commissioner Jerke moved
to approve Ordinance#2007-5 on second reading. Seconded by Commissioner Rademacher, the motion
carried unanimously.
Minutes, July 16, 2007 2007-2038
Page 4 BC0016
PLANNING:
CONSIDER AUTHORIZATION FOR ABATEMENT OF DANGEROUS BUILDING KNOWN AS THE
RESIDENTIAL STRUCTURE LOCATED AT 33039 COUNTY ROAD 39, LUCERNE,COLORADO,TITLED
TO RICHARD GERSTENBERGER: Mr. Barker stated the Resolution calls for abatement of the building,
in accordance with the abatement code. He stated after repeated attempts, staff has not been able to
reach the property owner,even though notices have been sent to the last known address. He stated costs
of approximately $5,000.00 will be charged to board up the property, and a cost of $1,400.00 will be
charged for the cost of the asbestos report. He explained a lien will be placed against the property. In
response to Commissioner Jerke, Mr. Barker stated the lien is payable with the taxes on the property, and
will be treated similar to a tax lien. He further stated another party with the Tax Sale Certificate is
interested in avoiding the boarding costs, therefore, she will most likely complete the work herself prior to
the August 1, 2007, deadline. Responding to Mr. Warden, Mr. Barker stated the owner of the Tax Sale
Certificate will not be the property owner until August 1, 2007. In response to Commissioner Rademacher,
Mr. Barker stated the certificate owner assumes liability if she completes the work herself, and the County
cannot be held liable. Commissioner Jerke moved to approve said authorization for said abatement of a
dangerous building. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2007-3, #2007-4, and #2007-5 were 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.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COL RADO
ATTEST: LAW�D"v" ��.,, ] J /� cs C S
�p David E. Long, Chair
Weld County Clerk to the Boar,irbi l
William H. Jerke, Pro-Tem
BY: L t ✓ ��iZ:'iil,`� `�
Deputy C e to the Board ��%r � EXCUSED
William F. Garcia
EXCUSED
Robert D. Masden
C di.,no r
Douglas,L
Minutes, July 16, 2007 2007-2038
Page 5 BC0016
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