HomeMy WebLinkAbout20072937.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 17, 2007
TAPE #2007-27
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 17, 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, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of September 12, 2007, as printed. Commissioner Rademacher seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 11, 2007, as follows: 1) Violation Hearings; and Hearings conducted on
September 12, 2007, as follows: 1) USR #1618 - Justin and Jennifer Frank; and 2) AmUSR #217 -
Kerr-McGee Gathering, LLC. Commissioner Jerke 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $565,458.44
Electronic Transfers -All Funds $834.43
Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT AND SEASONAL HEAD
START BASIC TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN:
Walt Speckman, Director, Department of Human Services, stated the application is for the continuation
of the Migrant and Seasonal Head Start Grant for the next three years. Commissioner Garcia moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START BASIC TRAINING AND
TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated the
application is similar to the application previously discussed; however, the grant will provide funds for the
Head Start Program. Commissioner Rademacher moved to approve said application and authorize the
Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR HEAD START MEALS AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT RE-5J: Mr. Speckman stated the agreement
provides for the purchase of meals for children enrolled in the Head Start Program. He stated the County
is reimbursed by the USDA for each child's meal. In response to Commissioner Rademacher,
Mr. Speckman stated Weld County School District RE-5J serves students within the Towns of Milliken and
Johnstown. Responding to Commissioner Garcia, Mr. Speckman stated the adults eat with the children
within a family setting in order to teach proper table manners. Commissioner Garcia moved to approve
said agreement and authorize the Chair to sign. Commissioner Jerke seconded the motion,which carried
unanimously.
CONSIDER RESCINDING RESOLUTION#2007-2588,DATED AUGUST 15,2007,APPROVE REVISION
TO WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT,AND AUTHORIZE CHAIR TO SIGN
- GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AMERICORPS PROGRAM:
Mr. Speckman stated the Coloardo Attorney General's Office recommended changes to the contract,
therefore the revision is incorporating the required changes. He clarified there will be no modification to
the amount of funding or program performance. Chair Long clarified the contract approved on August 15,
2007, will be rescinded, and the contract approved today will replace it. Commissioner Garcia moved to
rescind said Resolution, approve the revised contract, and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 78 BETWEEN CRS 57 AND 59: Don Carroll, Department
of Public Works, stated County Road 78, between County Roads 57 and 59, will be closed from
September 24, 2007, through September 27, 2007, for culvert replacement. He stated the detour route
has been established,with appropriate signs, and dust abatement measures will be provided, if necessary.
Commissioner Rademacher moved to approve said temporary closure. Commissioner Masden seconded
the motion, which carried unanimously.
Minutes, September 17, 2007 2007-2937
Page 2 BC0016
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAVING CR 394 AND AUTHORIZE CHAIR
TO SIGN - TOWN OF LASALLE: Bruce Barker, County Attorney, stated the County will provide paving
operations for approximately 1,300 feet of County Road 394, as depicted in the provided map. He stated
the Town of LaSalle will reimburse the County approximately$17,700.00. In response to Commissioner
Rademacher, Mr. Barker stated the County will not be responsible for maintenance of the road, and the
agreement also states there is no warranty for the completed improvements. Responding to
Commissioner Jerke, Mr. Barker stated the paving operations will be completed from U.S. Highway 85,
west to County Road 35. Commissioner Masden moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AND AUTHORIZE SALE
OF SAME AT ROLLER AND ASSOCIATES AUCTION: Barb Connolly, Controller, stated the equipment
and vehicles listed in Exhibit A are no longer required for County use, and will be placed for auction on
September 29,2007. In response to Commissioner Jerke, Ms. Connolly confirmed the Commissioner Van
is one of the vehicles listed in Exhibit A. She further stated another vehicle for the Commissioners' use
is available from the Department of Human Services. Commissioner Masden moved to declare said
equipment as surplus and authorize the sale of same at the Roller and Associates Auction. The motion,
which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER ADDENDUM#12 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
COLORADO TECHNICAL SERVICES, INC.(CTSI): Mr.Warden stated Colorado Technical Services, Inc.,
provides third-party administration of workers compensation claims, and the addendum provides a
3.5 percent cost-of-living adjustment, and all other terms of the agreement remain the same. He stated
the County has operated through this agreement for thirteen years. Commissioner Masden moved to
approve said addendum and authorize the Chair to sign. The motion was seconded by Commissioner
Garcia. In response to Commissioner Masden, Mr.Warden stated three counties within Colorado are self-
insured and have entered into a similar agreement, and all three counties will consider an equivalent cost-
of-living increase. There being no further discussion, the motion carried unanimously.
CONSIDER APPOINTMENT OF STERLING GEESAMAN AS PRIVACY OFFICER UNDER HEALTH
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: Mr. Warden stated it is necessary to update
the documents associated with the Health Insurance Portability and Accountability Act(HIPAA) Plan, and
Sheriff John Cooke has recommended that Sterling Geesaman replace Dave Malcom as the privacy officer
for the Weld County Jail. He stated Mr. Malcolm retired early in 2007. Commissioner Masden moved to
approve said appointment. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER APPOINTMENT OF MONICA MIKA AS PRIVACY OFFICER UNDER HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT: Mr. Warden recommended Monica Mika be named the
HIPAA privacy officer for the Dental, Vision, and Flex Spending accounts. Commissioner Rademacher
moved to approve said appointment. Commissioner Jerke seconded the motion, which carried
unanimously.
CONSIDER DISTRIBUTION AND PAYMENT IN LIEU OF TAXES(PILT) FOR 2007: Mr. Warden stated
designated funds, received in lieu of taxes in conjunction with the Pawnee National Grasslands, must be
distributed to the Department of Public Works,for road repairs, and to County School Districts. He stated
the County, since 1976, has agreed to provide a 50 percent split of the funds for both services. He further
stated one percent of the funds are utilized for CCI lobbying costs, therefore, a total of$19,603.98 will be
distributed to School Districts RE-2, RE-9, RE-10J, RE-11, and RE-12, and the Department of Public
Works. In response to Commissioner Garcia, Mr.Warden stated the Counties within the State of Colorado
which contain public lands receive these federal funds. Responding to Commissioner Masden,
Mr. Warden clarified the five school districts will split the allocation of$19,603.98, based upon the acreage
Minutes, September 17, 2007 2007-2937
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of land contained within each district. Commissioner Jerke moved to approve said Resolution.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2007: Mr. Warden stated this item
of business is similar to the previously discussed item, and grazing fees collected from the Pawnee
National Grasslands will be distributed to the Department of Public Works and among the previously
mentioned School Districts. He stated one percent of the funds are utilized for CCI lobbying costs, and
the Department of Public Works and the School Districts will receive funds in the amount of$70,330.83.
In response to Commissioner Masden, Mr. Warden stated the National Forest Service sets the amount
for the grazing fees that are collected. He clarified the County also receives funds collected from fees
associated with mineral leasing; however, 25 percent of those fees are sent to School Districts
automatically, and the portion the County receives is automatically directed to the Department of Public
Works. Commissioner Jerke expressed his concerns regarding ranchers not being allowed to graze cattle
within previous years, therefore, the revenues from grazing fees will be significantly reduced.
Commissioner Masden moved to approve said Resolution. Commissioner Garcia seconded the motion,
which carried unanimously.
CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE
NO. 237-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2007:
Mr. Warden explained State statute requires all supplemental appropriations for budget changes be
published before it is considered by the Board. He stated the notice will be published within the Fort
Lupton Press on September 19,2007, and the consideration of the matter will be brought before the Board
on September 24, 2007. In response to Commissioner Jerke, Mr. Warden clarified the appropriation must
be an unforeseen situation at the time of the adoption of the Budget. Commissioner Jerke moved to
approve said Resolution. Commissioner Rademacher seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY SPECIAL
REVIEW PERMIT #1416 - ANN STONEBRAKER: Chris Gathman, Department of Planning Services,
stated collateral, in the amount of$3,545.00,was accepted for on-site improvements required through Use
by Special Review Permit #1416. He stated the Department of Public Works has determined the
improvements have been completed, therefore, release of the collateral is recommended. Commissioner
Masden moved to cancel and release said collateral,as recommended by staff. The motion was seconded
by Commissioner Jerke, and it carried unanimously.
CONSIDER ON-SITE ROAD IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO
SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1584 - GERRARD
FAMILY LIMITED PARTNERSHIP, LLLP: Brad Mueller, Department of Planning Services,stated collateral
has been submitted for on-site improvements, in the amount of$70,920.97. He stated the agreement has
been reviewed by the County Attorney's Office, and the site is located south of U.S. Highway 34, adjacent
to County Road 13. He further stated the County Attorney's Office, and the Departments of Planning
Services and Public Works recommend approval. Commissioner Garcia moved to approve said
agreement, authorize the Chair to sign,and accept said collateral. Commissioner Rademacher seconded
the motion, which carried unanimously.
CONSIDER OFF-SITE ROAD IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,
AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1584 - GERRARD
EXCAVATING, INC.: Mr. Mueller stated collateral, in the amount of$197,798.33, has been received for
the required paving operations along County Road 13. Commissioner Rademacher moved to approve said
Minutes, September 17, 2007 2007-2937
Page 4 BC0016
agreement, authorize the Chair to sign, and accept said collateral. Commissioner Garcia seconded the
motion. In response to Commissioner Masden, Mr. Carroll indicated approximately 2,800 feet of County
Road 13, which crosses a set of railroad tracks south of U.S. Highway 34, will be paved, and the entrance
to the applicant's site is located north of the second set of railroad tracks on County Road 13. He stated
one section of the road contains steep slopes, therefore, the shoulder will not be the standard four feet in
width. He further stated the applicant previously provided pavement work within the Centerra development
located on U.S. Highway 34. There being no further discussion, 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 9:30 a.m.
��..� BOARD OF COUNTY COMMISSIONERS
EL S WE COUNTY, COLORADO
ATTEST: MO, � ' � c
1861 t trp David E. Long, Chair
Weld County Clerk to the Boa °4 1
raj, lL % /
pJ J Rt, William H. e, Pro- em
BY: , USCG'?
Dep Cler, to the Board
Willi m F. Garcia
Robert D. Masden /� n
04 Q ?24.Y1
Douglas ademache
Minutes, September 17, 2007 2007-2937
Page 5 BC0016
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