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HomeMy WebLinkAbout20071581.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 4, 2007 TAPE #2007-16 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, June 4, 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 Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of May 30, 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 May 30, 2007, as follows: 1) IRS TEFRA Hearing Concerning the Issuance of Revenue Bond(North Range Behavioral Health Project)Series 2007;2)USR#1602-Brad and Scott Cockroft Dairy, LLC, do AGPROfessionals, LLC; and 3) PZ#1116- Lone Tree Estates PUD, A Better Job, Inc., do Troy Hauer. Commissioner Masden 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 Masden seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, ASSESSOR'S OFFICE - JUDY TRENARY: Chair Long read the certificate into the record, recognizing Judy Trenary for ten years of service. Christopher Woodruff stated Ms. Trenary has been wonderful to work with and she will be missed. Mr. Woodruff wished Ms. Trenary luck in her retirement. 2007-1581 BC0016 O&-ice-a7 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 $1,033,339.09 Electronic Transfers - All Funds $4,947,354.69 Commissioner Rademacher moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER TASK ORDER CONTRACT FOR PROVISION OF STD MEDICATIONS AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, MD, Director of the Department of Public Health and Environment, stated the contract will assist in the diagnosis and treatment of sexually transmitted diseases. Dr. Wallace stated the contract will help to provide medication for people who have sexually transmitted diseases and cannot afford treatment elsewhere in the community. Commissioner Rademacher moved to approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER TASK ORDER CONTRACT FOR OFFICE OF LOCAL LIAISON PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the task order contract will provide funding to support local and regional activities, 85 percent of the funds will be used for local services, and 15 percent of the funds will be used for regional services. He stated regional services will include regional emergency preparedness and activities related to communicable diseases, such as the West Nile Virus. Dr. Wallace stated the amount of funding to be awarded, for the time period of July 1, 2007, through June 30, 2008, is$338,457.00. Commissioner Masden moved to approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER GRANT CONTRACT FOR WELD WOMEN'S HEALTH CONSORTIUM BREAST CANCER AWARENESS CONFERENCE AND AUTHORIZE CHAIR TO SIGN -THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC.: Dr. Wallace stated the Weld Women's Health Consortium members include North Colorado Medical Center,American Cancer Society, Rocky Mountain Planned Parenthood, Catholic Charities Northern, Centennial BOCES, and the University of Northern Colorado (UNC). He stated two conferences have taken place,the first was during October of 2006, and the second was during May of 2007. Dr. Wallace stated this contract will allow for the reimbursement of costs related to the Program, in the amount of$2,500.00. He stated the two conferences successfully reached 250 members of the target audience. Commissioner Rademacher moved to approve said grant contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER GRANT CONTRACT FOR THE PLATICAS PROJECT FOR BREAST CANCER AND AUTHORIZE CHAIR TO SIGN - THE SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC.: Dr.Wallace stated the Platicas Project enables Department personnel to visit homes and educate women, in small groups of five to seven individuals, regarding breast cancer, self exams, and other screening methods . He stated $10,000.00 has been granted to the County by the Susan G. Komen Breast Cancer Foundation, Inc., to support breast cancer education through the Platicas Project. Commissioner Garcia moved to approve said grant contract and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. Minutes, June 4, 2007 2007-1581 Page 2 BC0016 CONSIDER TASK ORDER CHANGE ORDER LETTER#1 FOR THE NURSE HOME VISITOR PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated there is a reduction in funding for this Program in the amount of$43,945.00, for two reasons. He explained the majority of the funding cut results from vacant nursing positions, and the other reason is the Program is partially funded by Medicaid billing, and Medicaid payments have exceeded the reimbursement expectations. Commissioner Jerke moved to approve said change order letter and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT#2 FOR SINGLE ENTRY POINT FOR FISCAL YEAR 2008 AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is an ongoing agreement with the State for the Head Start Program, in the amount of$784,362.51. In response to Commissioner Jerke, Mr. Speckman stated the Program is operated by the Area Agency on Aging to assist Medicare eligible citizens with finding alternatives to assisted living and nursing homes, which are more costly and less flexible. Commissioner Garcia moved to approve said contract amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MENTAL HEALTH AND WELLNESS SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: Mr. Speckman stated this is an ongoing contract with North Range Behavioral Health to provide mental health services for the Head Start Program's eligible participants. Commissioner Rademacher moved to approve said purchase of service agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR AUDIOLOGY SERVICES AND AUTHORIZE CHAIR TO SIGN -JODI LITTLE: Mr. Speckman stated this is an ongoing agreement to provide audiology services to eligible participants in both the Head Start and Migrant Head Start Programs. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER PURCHASE OF SERVICES AGREEMENT FOR MIGRANT/SEASONAL HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN - SUNRISE COMMUNITY HEALTH CENTER: Mr. Speckman stated this is an ongoing agreement with Sunrise Community Health Center to provide medical services for eligible participants in both the Head Start and Migrant Head Start Programs. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN- PATRICIA MCGUIRE: Mr. Speckman stated this is an agreement between Employment Services and Patricia McGuire for assistance in developing an application for Colorado Performance Excellence, Business Service Plan, Continued Improvement Grant, and other assistance in grant and program development. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CONTRACT FOR DISABILITY PROGRAM NAVIGATOR POSITION AND INITIATIVES AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is a five-year agreement, which will allow the Program Navigator position to be continued. In response to Commissioner Jerke, Mr. Speckman stated the client population is disabled individuals, who desire to return to work, and are in need of vocational rehabilitation. He explained the person in the Program Navigator position will work with educational facilities and employers in an effort to accommodate each individual's unique circumstances. Further responding to CommissionerJerke,Mr.Speckman stated the Department has been providing the program for three to four years. In response to Commissioner Jerke, Mr. Warden stated the contract must be Minutes, June 4, 2007 2007-1581 Page 3 BC0016 renewed each year, and there is an appropriations clause in the contract. Commissioner Jerke moved to approve said contract and authorize Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT CONCERNING PURCHASE OF RIGHT- OF-WAY FOR CERTAIN IMPROVEMENTS TO CRS 3 AND 1.5 AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - DWAYNE KOCH AND DIANA GODINHO: Leon Sievers, Department of Public Works, stated this is the twelfth of sixteen parcels to be acquired for the County Roads 3 and 1.5 Project. Mr. Sievers stated the property is located on the west side of County Road 3, and north of County Road 12. He stated the County is acquiring 2,510 square feet of temporary construction easement for a cost of$300.00, and the owners will be reimbursed for the cost of a fence which will be removed,for a total cost of$2,465.00. Commissioner Rademacher moved to approve said agreement and authorize th Chair to sign. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN - RICHARD AND BETTY LOU ROOS: Mr. Sievers, stated this is the fifth of seventeen parcels on the County Road 13 Strategic Road Project. He stated the property is located on the west side of County Road 13, and north of County Road 10, and the County is acquiring 4,700 square feet of temporary construction easement from four separate parcels. Mr. Sievers stated the total cost will be$1,200.00. Commissioner Masden moved to approved said temporary easement and authorize Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER PETITION TO VACATE A PORTION OF CR 27, BETWEEN CRS 30 AND 32 - BELLA HOLSTEINS, INC., C/O AGPROFESSIONALS, LLC: Don Carroll, Department of Public Works, entered a map marked Exhibit A into the record. Mr. Carroll stated the portion of roadway between Section Lines 19 and 20 is the area being considered for vacation. He stated staff is not clear on the reason the petitioner wishes to vacate the portion or roadway; therefore, staff does not support the request for vacation. In response to Commissioner Jerke, Mr. Carroll stated north of the property there have not been improvements made to County Road 27, and south of the property County Road 27 has been annexed by the Town of Platteville. In response to Commissioner Rademacher, Mr. Carroll stated the vacation will eliminate the County right-of-way permanently. Bruce Barker, County Attorney, stated that is correct, with the exception of existing utilities. In response to Commissioner Jerke, Mr. Barker stated the vacation will not prevent the government from conducting necessary business regarding eminent domain and road construction. Mr. Carroll stated staff is awaiting a response from the Town of Platteville regarding this matter. In response to Commissioner Masden, Mr. Carroll stated there have been improvements made to the dairy in the right-of-way. Cody Hollingsworth, representative, stated there are two lagoons in the right-of-way, and the applicants' personal residence is located directly north of the lagoons and near the right-of-way. Mr. Hollingsworth stated the applicant began this process in 1999. Gary Henrickson, owner, stated the terrain is topographically challenging, and it will be expensive to improve. There was no public testimony. Mr. Hollingsworth stated neither he nor Mr. Henrickson have heard of any opposition from the Town of Platteville regarding the request. Mr. Barker stated the Town of Platteville was sent a notice and did not respond. He further stated that the Resolution will require some of the language from Paragraph 5 to be added to Paragraph 10; therefore, it shall read: "Be it further resolved by the Board that the portion of right-of-way which is described above be, and hereby is, vacated, and any persons owning dedicated and recorded easements located within such vacated right-of-way, if any, may continue such use". Commissioner Jerke moved to approve said petition to vacate,with the additional language presented by Mr. Barker. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(P2788004)-NORTHLAND CAPITAL FINANCIAL SERVICES, LLC: Christopher Woodruff, Assessor, stated Northland Capital Financial Services, LLC, erroneously filed their taxes with Weld County for a piece of equipment which existed in Minutes, June 4, 2007 2007-1581 Page 4 BC0016 the State of Maine. He stated the refund will be in the amount of$6,019.02. Commissioner Garcia moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Rademacher,the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES(P1732800)-NORTHLAND CAPITAL FINANCIAL SERVICES, LLC: Mr. Woodruff stated this item is regarding the same company as the last. He explained in this instance the company failed to notify Weld County that the lease was terminated in 2005. He stated the refund will be$1,813.70. Commissioner Rademacher moved to approve said refund, based on staff's recommendation. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER SMALL TRACT OIL AND GAS LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PETROLEUM DEVELOPMENT CORPORATION: Mr. Barker stated small tracts are not made available for bid. He stated the property is 4.3 acres, and the lease offer is $200.00. In response to Mr. Warden, Mr. Barker stated there needs to be an update to the small tract oil and lease agreement to reflect an 18 percent royalty fee. Commissioner Masden moved to approve said agreement and authorize Chairto sign. Seconded by Commissioner Jerke, the motion carried unanimously. PLANNING: PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW PERMIT#1193: Jacqueline Hatch, Department of Planning Services, stated Use by Special Review Permit#1193 was approved by the Board on September23, 1998,for a junkyard salvage yard in the Agricultural Zone District. She stated the property is located south of County Road 18, and inspections have determined the property is not in compliance with the Weld County Code. She explained the use area should be limited to five acres, and limited to a maximum number of twenty trailers. Ms. Hatch stated the use area has expanded to a greater area than five acres and there are far more than 20 trailers on the property. She further stated no storage should be allowed in the waste retention area, and the property owner has not followed this restriction. Ms. Hatch stated a show cause hearing is recommended to be scheduled on July 11, 2007. Chair Garcia recused himself from this Item of Business, since he worked on a case opposing the Novotny family on a prior matter. There was no representative of the Novotnys present, and there was no public testimony. Commissioner Masden moved to set a show cause hearing on July 11,2007, at 10:00 a.m. Commissioner Rademacher seconded the motion, which 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, June 4, 2007 2007-1581 Page 5 BC0016 There being no further business, this meeting was adjourned at 9:40 a.m. BO RD OF COUNTY COMMISSIONERS � qq��++ ` W COUNTY, COLORADO ATTEST: M S Ck ( ` ` a at ...e,, David E. Long, Chair Weld County Clerk to the BdrafW t �=� _r Jl / r a ! L ` = William H. ,Jerk to-Tem Dep& Clerk!.' the Board I ----- t,' W am F. Garcia Robert D. asdenW �—�, Co (6M eva.Ore site" DouglaIRademacher Minutes, June 4, 2007 2007-1581 Page 6 BC0016 Hello