HomeMy WebLinkAbout20071462.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 21, 2007
TAPE #2007-14
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, May 21, 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 - EXCUSED
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 16, 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 16, 2007, as follows: 1) USR #1595 - Garrett and Carla De Vries Family Trust, c/o
AGPROfessionals, LLC; and 2) USR #1581 - Thao Alex Nguyen. Commissioner Garcia 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 Jerke 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.
2007-1462
BC0016
et .,-o°7 -0-7
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $953,299.65
Commissioner Garcia moved to approve the warrants as presented by Mr. Warden. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TASK ORDER CONTRACT FOR TOBACCO EDUCATION AND PREVENTION PROGRAM
AND AUTHORIZE CHAIR TO SIGN:Gaye Morrison, Department of Public Health and Environment,stated
this is a one year contract which will support the continued efforts of Health Promotion staff, which will
include efforts in preventing youth from using tobacco, helping people who use tobacco to quit, and
reducing exposure to second hand smoke. She stated the grant is in the amount of $247,912.00. In
response to Commissioner Jerke, Ms. Morrison stated if the smoking cessation programs are effective,
the money derived from the tobacco taxes will diminish. CommissionerJerke moved to approve said task
order contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 46 BETWEEN WCRS 55 AND 57:Wayne Howard, Public
Works, stated the traffic on this closure is for a culvert replacement, and approximately 46 cars per day
travel the road; therefore, there will be minimal detours. Commissioner Rademacher moved to approve
said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 29 BETWEEN WCRS 34 AND 36: Mr. Howard stated the
closure is for a bridge deck to be repaired, and County crews will complete the project. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER MASTER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
APPLEGATE GROUP, INC.: David Bauer, Department of Public Works, stated the agreement outlines
the amount of money the County will pay for the permitting services provided by Applegate Group, Inc.,
for the Sheep Draw gravel pit. He stated the cost will be $185,700.00; however, there will be additional
expenses in the future for groundwaterwork with a water consultant and to conduct environmental wildlife
studies. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES - JIM ELLS: Brenda Dones,
Assessor's Office, stated the building was fully taxed for 2006; however, a document was recently
presented to staff indicating it is being leased by Union Colony Prep School,which makes the building tax
exempt for the period of the lease. She stated the refund will be in the amount of $5,339.22.
Commissioner Rademacher moved to approve said refund. Seconded by CommissionerJerke,the motion
carried unanimously.
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES - GREGORY AND DOROTHY
KIELIAN: Ms. Dones stated this property was originally assessed as a vacant land; however, there is an
improvement on the property which was 37 percent complete at the time of taxation, which means the
assessment rate will be changed from 29 to 7.96 percent, and the tax refund will be $1,546.79.
Commissioner Garcia moved to approve said refund. Seconded by Commissioner Rademacher, the
motion carried unanimously.
Minutes, May 21, 2007 2007-1462
Page 2 BC0016
CONSIDER PETITION FOR REFUND OR ABATEMENT OF TAXES- RUSTIN PETERSON: Ms. Dones
stated this property was assessed as vacant land; however, there was a home on the property at the time
of the assessment; therefore, the assessment rate will be changed from 29 to 7.96 percent, and the tax
refund will be $2,927.70. Commissioner Rademacher moved to approve said refund. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY PERMIT OF MORE THAN 350 PERSONS
ON JUNE 3, JULY 8, AUGUST 12, SEPTEMBER 2, AND OCTOBER 7, 2007- ENRIQUE GUERRERO:
Bruce Barker, County Attorney, stated this is an application for Mexican rodeos to be held on multiple
dates, and he recommends denial of the permit for multiple reasons, which he has listed in a
memorandum. He explained there is not proper zoning on the property for the proposed events, and he
recommended the applicant obtain a Use by Special Review Permit if the applicant is interested in pursuing
conducting the events at this location. He further stated the applicant provided an insurance quotation;
however, not a certificate of insurance to indicate coverage, and the applicant does not appear to be
licensed to do business in Weld County. Bethany Salzman, Planning Services, stated she has spoken to
Enrique Guerrero, applicant, and his son, and they are aware a Use By Special Review Permit needs to
be obtained to conduct this type of event at the location. She stated Mr. Guerrero has cancelled two
previously scheduled events upon discovering a Use By Special Review Permit and a Temporary Assembly
Permit are required; therefore, Mr. Guerrero is making an effort to cooperate with the County. In response
to Commissioner Garcia, Ms. Salzman stated she has explained the need for a Use by Special Review
Permit to Mr. Guerrero; however, they have not discussed other concerns. Bill Wagoner, Sheriff's Office,
stated staff has provided a memorandum which lists the concerns the Sheriffs Office has, and Mr.
Guerrero has been working with staff to resolve those concerns. In response to Commissioner Garcia,
Mr. Wagoner stated he believes the events will occur whether or not a permit is issued to Mr. Guerrero.
Mr. Guerrero stated he did not know he could not have the number of animals on the property which will
be at the event without obtaining a permit. He stated he has held these events in the past, and he is taking
steps he has not taken in the past to ensure the safety of those attending the events, and in consideration
of the neighbors, not allowing alcohol on the premises, and providing security. He further stated he has
insurance arranged in the amount of$2,000,000.00. Mr.Guerrero stated he is trying to conduct the events
lawfully; however, he is trying to complete the process as quickly as possible. In response to
Commissioner Jerke, Mr. Guerrero stated the cross road at the location is 1-25. There was no public
testimony. Commissioner Jerke stated the fact that there are multiple event dates is troubling to him, and
events in the southwestern portion of the County are difficult to execute successfully since it is an area
which is becoming rapidly urbanized. He stated it is difficult to execute an event of this nature even in an
area with a smaller population, and he is hesitant to approve multiple event dates, since it is difficult to
conduct these events while ensuring the safety of the attendants and participants. Commissioner
Rademacher concurred with Commissioner Jerke. Commissioner Rademacher moved to deny said
permit. Commissioner Jerke seconded the motion. Chair Long stated it would be beneficial for the
applicant and the surrounding property owners, for the applicant to pursue a Use by Special Review
Permit. He further stated safety is a major concern at these types of events, and a death occurred at a
similar event when an ambulance was not provided for the event. There being no further discussion, the
motion carried unanimously.
CONSIDER RESOLUTION RE: FIRST AMENDMENT TO ESTABLISHING CONTRACT FOR ROCKY
MOUNTAIN RAIL AUTHORITY: Mr. Barker stated the Resolution for the agreement was signed by the
Board previously; however,the Board did not receive the amendment to the contract. He stated the Board
will need to sign the amendment for the contract to be current. Commissioner Rademacher moved to
approve said amendment. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER RESOLUTION RE: APPROVING COST TARGET ADJUSTMENT FOR 2007 FLEET
MAINTENANCE-ALL STAR TECHNICAL SERVICES: Barb Connolly, Controller, stated the agreement
Minutes, May 21, 2007 2007-1462
Page 3 BC0016
is for the 2007 Calendar Year, and the amount will increase$41,755.97. Commissioner Garcia moved to
approve said cost target adjustment. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
EASTMAN KODAK COMPANY: Mr. Warden stated this is similar to the next item. He stated Eastman
Kodak Company is anticipating a$6.6 million dollar investment in personal property in 2008,and requested
the County grant the ten-year business incentive, under Senate Bill 118. He explained the incentive will
be fifty percent of the tax rebate, and over a ten-year period will be $171,303.00. Mr. Warden stated
granting the incentive is consistent with the Board's policies. In response to Commissioner Jerke,
Mr Warden stated the goal is job retention, rather than creating new jobs. Commissioner Jerke stated in
the competitive environment Eastman Kodak Company is in,retention is important. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN -
CARESTREAM HEALTH, INC.: Mr. Warden stated Carestream Health, Inc., has purchased the medical
x-ray film portion of Eastman Kodak Company, and Carestream Health, Inc., is requesting the same tax
incentive. He stated Carestream Health, Inc.,will be making an investment of$3.3 million dollars,and over
a ten-year period the amount of the incentive will be $85,651.00. He stated this company will also be
focusing on job retention, rather than creating new positions. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion
carried unanimously.
CONSIDER APPOINTMENT OF MONICA DANIELS-MIKAAS ADMINISTRATIVE SERVICES DIRECTOR:
Mr. Warden stated Monica Daniels-Mika will be transitioning from the position of Director of Planning
Services to the position of the Director of Administrative Services,which will oversee the Departments of
Personnel, Purchasing, Printing and Supply, and Information Services. He stated the change will be
effective June 1,2007. CommissionerJerke moved to appoint Monica Daniels-Mika as the Administrative
Services Director. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENT OF THOMAS HONN AS PLANNING SERVICES DIRECTOR: Commissioner
Rademacher stated two searches were conducted to fill this position, and Thomas Honn has his support.
Commissioner Jerke moved to appoint Thomas Honn as the Planning Services Director. Seconded by
Commissioner Rademacher, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1527
- WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC.: Chris Gathman, Planning
Services, stated collateral was accepted on August 23, 2006, in the form of a performance bond in the
amount of $912,623.26 for on-site improvements for Use by Special Review Permit #1527, and the
applicants request release of the collateral. He stated the Department of Public Works has determined
the improvements have been completed, and recommend release of the collateral. Mr. Gathman stated
the applicants have made one modification which is not on plat, originally the applicant proposed a
three-foot berm along the north side of the property; however, the contractors moved the fence further to
north so it would be adjacent to the existing electrical line right-of-way, and the berm was removed since
the area is being, and will continue to be, farmed. He stated the contractor is present and available for
questions, and the Department of Planning Services recommends release of the collateral. Don Carroll,
Department of Public Works, stated the property is located off of State Highway14, and is a landfill facility.
He stated the new maintenance facility is located north of the landfill, he has toured the shop, and he
recommends release of all of the collateral for the on-site improvements. He further stated there will be
another related item brought before the Board at a future date regarding upgrades to Weld County
Minutes, May 21, 2007 2007-1462
Page 4 BC0016
Road 14. Commissioner Jerke moved to approve said cancellation and release of collateral, based on
staffs recommendation. 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.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: /L „/,{� a r da
""1 44^^ rr W ) David E. Long, Chair
Weld County Clerk to the Board Y11
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�"F°�/� acP William . J Pro-Tem
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William F. Garcia
EXCUSED
Robert D. Masden
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Dougla Rademacher
Minutes, May 21, 2007 2007-1462
Page 5 BC0016
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