HomeMy WebLinkAbout20071521.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 30, 2007
TAPE #2007-15
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 30, 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, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of May 23, 2007, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings
conducted on May 23, 2007, as follows: 1) Hearing to gain public input regarding changing the boundary
lines of Commissioner Districts in Weld County,Colorado;2) USR#1565-TARH E and P Holdings, L.P.,
do William Crews, CPL; 3) USR#1138 - L.G. Everest, Inc., Go Lynn Mayer Shults; and 4) USR#1579-
Annette Hunt, Go Richard Lopez. 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.
PRESENTATIONS:
RECOGNITION OF SERVICES- SHERIFF'S OFFICE - RANDALL CARLETON: Chair Long read the
certificate into the record, recognizing Randall Carleton for 26 years of service with the Sheriffs Office. Kim
Fleithman, Sheriffs Office, stated Mr.Carleton has served as a volunteer coordinator,worked patrol in all
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four districts, has been an active field training officer and CPR/First Aid trainer, and has been responsible
for the annual DUI re-certification of all officers. He stated before the traffic unit was developed,Mr.Carleton
was considered the traffic expert, and he was called on scene to all traffic fatalities and serious bodily
injuries, and was the lead investigator of accidents occurring in contracted municipalities. Mr. Fleithman
stated Mr. Carleton's maturity and expertise will be missed; however, he has accepted a part-time position
as a desk officer. Mr. Carleton was present to receive his award and expressed his appreciation to the
Board for their support. Chair Long expressed his appreciation to Mr. Carleton for his services, and he is
pleased that Mr. Carleton will work part-time with the Sheriffs Office after his retirement.
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 $896,488.91
Electronic Transfers -All Funds $112,595.39
Commissioner Rademacher moved to approve the warrants as presented by Mr.Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there were no bids to present.
APPROVE COURTHOUSE SECURITY BID - SHERIFF'S OFFICE: Mr. Warden stated the security
services will be provided for a three-year time frame and he stated staff does not recommend the low bid
from Union Colony Security, Inc.,due to recent publicity concerning the employment of a convicted felon.
He stated the Sheriffs Office also completed reference checks, and Union Colony Security has not
previously provided courthouse security services. He further stated staff recommends acceptance of the
second low bid from Hatton Industries,and noted that Hatton Industries was the previous security provider
for Weld County and has excellent references. Commissioner Jerke moved to approve said bid, based
upon staffs recommendation. Seconded by Commissioner Rademacher,the motion carried unanimously.
NEW BUSINESS:
CONSIDER VALE GRANT CONTRACT FOR LONG TERM CARE OMBUDSMAN ADVOCATE/
FRIENDLY VISITOR PROGRAM AND AUTHORIZE THE CHAIR TO SIGN: Walt Speckman, Director,
Department of Human Services, stated the program has been awarded grant funds, in the amount of
$10,000.00,fora time period of July 1, 2007,through June 30, 2008. He stated the grant funds will help to
provide elder abuse prevention services. Commissioner Garcia moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDERTEMPORARYCLOSUREOF CR 14 BETWEEN CRS81 AND87: David Bauer, Department
of Public Works, stated County Road 14, between County Roads 81 and 87, was closed from May 15,
2007,through May 22,2007,due to flooding on the road. In response to Commissioner Rademacher, Mr.
Bauer stated the South Platte River has not peaked; however,this closure was not related to flooding from
the South Platte River. Commissioner Rademacher moved to approve said temporary closure. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEM ENT FOR THE UPGRADE AND MAINTENANCE OF
CR 59 AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY PRODUCTION, INC.: Mr. Bauer stated
Noble Energy Production will provide upgrades on County Road 59 for approximately one-half mile south
Minutes, May 30, 2007 2007-1521
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of County Road 388. In response to Commissioner Jerke, Mr. Bauer stated the applicant will increase the
traffic on the portion of road described, and there are no other parties with a Nonexclusive License
Agreement on this portion. Responding to Chair Long, Mr. Bauer stated 60 feet of right-of-way is available
for access. Bruce Barker,County Attorney,stated page eight of the document states that adjacent property
owners have been notified, and no concerns were received. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia,the motion
carried unanimously.
CONSIDER FORM OF NATIONAL FISH AND WILDLIFE FOUNDATION(NFWF)WEED CONTROL COST
SHARE AGREEMENT AND DELEGATE AUTHORITY TO TINA BOOTON TO APPROVE SAID
AGREEMENTS: Tina Booton, Department of Public Works,stated cost share agreements are entered into
with landowners to reimburse approximately fifty percent of the cost to purchase chemicals for the
completion of noxious weed control. She stated the County Attorney's office drafted the agreements several
years ago, and the agreements are updated each year to reflect the amount of funds available for
reimbursement. In response to Commissioner Jerke, Ms. Booton stated grant funds, in the amount of
$25,000.00,were received from the National Fish and Wildlife Foundation in 2003,and the grant funds are
to be utilized to reimburse landowners that border the South Platte River between County Roads 2 and 44.
She further stated the goal is to control the leafy spurge and other noxious weeds on the river bottom.
Further responding to Commissioner Jerke, Ms. Booton stated the grant funds are federal funds, and staff
will be able to re-apply for additional grant funds within the next year. In response to Commissioner
Rademacher, Ms. Booton stated there are multiple cost share programs to which the County may apply
for grant funds; however, the funds associated with this particular grant must be specifically utilized to
control noxious weeds along the South Platte River. She further stated grant funds received from the State
Land Board may be utilized on any land located within two miles of any State land. Further responding to
Commissioner Rademacher,Ms. Booton stated the grant application submitted for the grant had to define
a specific area of concentration. Commissioner Rademacher moved to approve said form of agreement
and said delegation of authority. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENTAND
DELEGATE AUTHORITY TO TINA BOOTON TO APPROVE SAID AGREEMENTS: Ms.Booton stated this
agreement, and the remaining items of business concerning cost share agreements, are similar to the
previously discussed item of business. She stated some of the grant funds are received in conjunction with
various conservation districts,and some of the grant funds are specific to treat a species of noxious weeds.
Commissioner Rademacher moved to approve said form of agreement and said delegation of authority.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FORM OF YELLOW NUTSEDGE CHEMICAL WEED CONTROL COST SHARE
AGREEMENTAND DELEGATE AUTHORITY TO TINA BOOTONTOAPPROVESAIDAGREEMENTS:
Commissioner Garcia moved to approve said form of agreement and said delegation of authority.
Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER FORM OF DIFFUSE KNAPWEED CHEMICAL WEED CONTROL COST SHARE
AGREEMENTAND DELEGATE AUTHORITY TO TINA BOOTON TO APPROVE SAID AGREEMENTS:
Commissioner Rademacher moved to approve said form of agreement and said delegation of authority.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER FORM OF ABSINTH WORMWOOD CHEMICAL WEED CONTROL COST SHARE
AGREEMENTAND DELEGATE AUTHORITY TO TINA BOOTON TO APPROVE SAID AGREEMENTS:
CommissionerJerke moved to approve said form of agreement and said delegation of authority. Seconded
by Commissioner Rademacher, the motion carried unanimously.
Minutes, May 30, 2007 2007-1521
Page 3 BC0016
CONSIDER FORM OF DALMATIAN TOADFLAX CHEMICAL WEED CONTROL COST SHARE
AGREEMENTAND DELEGATE AUTHORITYTO TINA BOOTON TO APPROVE SAID AGREEMENTS:
Commissioner Garcia moved to approve said form of agreement and said delegation of authority.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER WEED CONTROL COST SHARE AGREEMENT THROUGH STATE LANDS AND DELEGATE
AUTHORITY TO TINA BOOTON TO APPROVE SAID AGREEMENTS: Commissioner Jerke moved to
approve said agreement and delegate said authority. Seconded by Commissioner Rademacher,the motion
carried unanimously.
CONSIDER FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT
THROUGH WEST GREELEY CONSERVATION DISTRICT AND DELEGATE AUTHORITY TO TINA
BOOTON TO APPROVE SAID AGREEMENTS: Commissioner Jerke moved to approve said form of
agreement and said delegation of authority. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER FORM OF EQUIPMENT RENTAL AGREEMENT AND DELEGATE AUTHORITY TO TINA
BOOTON TO APPROVE SAID AGREEMENTS: Ms. Booton stated landowners sign the rental agreement
to lease available 25 gallon chemical sprayers to treat noxious weeds. She stated the landowner provides
a $35.00 deposit which is refunded if the sprayer is returned in working order. She further stated staff
delivers the sprayer and provides help for the correct calibration. In response to Commissioner
Rademacher, Ms. Booton stated the County does not have liability for the private application of landowners,
and the landowners are not allowed to purchase chemicals that have restricted uses. Commissioner
Rademacher moved to approve said form of agreement and said delegation of authority. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - READY MIXED CONCRETE
COMPANY: Chris Woodruff,Assessor,stated this petition is for the 2006 tax year,and staff was not aware
the personal property had been deleted in 2005,therefore, it was not taxable within the 2006 tax year. He
recommended approval of the petition, creating a refund in the amount of$10,275.54. In response to
Commissioner Jerke, Mr.Woodruff stated the personal property equipment was not located on the site as
of January 1, 2006, and staff was not aware of the fact. Commissioner Garcia moved to approve said
petition. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-BSC HUDSON,LLC: Mr.Woodruff
stated the company properly filed a declaration, indicating the personal property was no longer located on
the site; however,the account was not properly deleted. He stated the petitioner was not aware of the error
during the protest period;however,they have the right to request a correction. He recommended approval
of the petition, creating a refund in the amount of$2,866.86. Commissioner Rademacher moved to approve
said petition, based upon staffs recommendation. Seconded by Commissioner Garcia,the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WINDSOR HEALTH CLUB:
Mr.Woodruff stated the petitioner made a mistake on the personal property declaration, and some of the
property was placed in storage,therefore, it was not taxable. He stated the petitioner is exercising the right
to correct the personal property declaration within the required two-year time period. He recommended
approval of the petition,creating a refund in the amount of$1,169.59. Commissioner Rademacher moved
to approve said petition, based upon staffs recommendation. Seconded by Commissioner Jerke, the
motion carried unanimously.
Minutes, May 30, 2007 2007-1521
Page 4 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - CATERPILLAR FINANCIAL
SERVICES CORPORATION: Mr. Woodruff stated the petitioner leases the property, and it was not
disclosed that the property is utilized agriculturally. He stated the personal property is agricultural
machinery,therefore, it is tax exempt. He recommended approval of the petition, creating a refund in the
amount of$1,840.06. In response to Commissioner Rademacher, Mr. Woodruff stated a representative
from the Assessor's Office will visit the site to ensure the property is being utilized agriculturally; however,
it is the responsibility of the company to complete self-reporting. Commissioner Garcia moved to approve
said petition, based upon staffs recommendation. Seconded by Commissioner Rademacher,the motion
carried unanimously.
CONSIDER RECOMMENDATION FOR APPOINTMENT OF COMMISSIONERS MASDEN,
RADEMACHER, AND/OR JERKE TO COLORADO OIL AND GAS CONSERVATION COMMISSION:
Mr. Barker stated House Bill#07-1341 was signed by the Governor,which amended the membership of the
Colorado Oil and Gas Commission. He stated the Resolution recommends Commissioner Masden be
recommended for appointment on the Commission as a local government representative, and that
Commissioners Rademacher and Jerke be recommended for appointment since they are each actively
engaged in agricultural production and are oil and gas royalty owners. He stated a copy of the the
Resolution will be submitted with each of the applications. Chair Long commented that all three
Commissioners are very qualified to serve on the Commission. Commissioner Jerke moved to approve
said recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER DELEGATION OF AUTHORITYFOR E-GRANT SUBMITTAL: Mr.Warden stated electronic
submission of grant applications has become increasingly requested, and the submittal requires a
delegation of authority. He stated the Resolution updates the authority to be delegated to Monica Mika and
Esther Gesick, to replace Carol Harding. In response to Commissioner Jerke, Mr. Warden stated he will
no longer have the authority to submit grants electronically. Commissioner Jerke stated he would like
Mr. Warden to remain as one of the delegated authorities for submission, and moved to amend the
Resolution to delegate authority to Monica Mika, Esther Gesick, and Don Warden. The motion was
seconded by Commissioner Rademacher, and it carried unanimously. Commissioner Jerke moved to
approve said delegation of authority. Seconded by Commissioner Garcia,the motion carried unanimously.
CONSI DER AUTHORIZATION FOR WELD COUNTY TREASURER TO CANCEL CERTAIN PERSONAL
PROPERTY TAXES,MOBILE HOMES,AND POSSESSORYINTERESTTAXES: Mr.Warden stated the
Treasurer's Office recommends that outstanding accounts, in the amount of$257,753.09, be deemed
uncollectible. He stated staff has been working hard to clean up old accounts, and has been successful
in collecting on many of the accounts. He further stated all accounts are personal property and are usually
due to bankruptcies,equipmentwhich is no longer located within the County,or mobile homes which have
been moved out of the County. In response to Commissioner Jerke, Mr.Warden stated even though the
accounts are deemed uncollectible, the amount due is not forgiven. Commissioner Rademacher moved
to approve said authorization. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER BYLAWS FOR WELD COUNTY,COLORADO,SICK BANK LEAVE GOVERNING BOARD:
Sue Elton, Director of Personnel, stated the Sick Bank Leave Governing Board is run by employees, and
employees elect the members of the Board. She stated the bylaws have not been totally updated since
1980. Mr. Warden clarified the Board was created as a short-term disability option for employees, and
employees may receive up to six months of short-term disability benefits before moving to long-term
disability. He stated participation is voluntary, and the Board of County Commissioners is not held liable
for decisions made by the Board. He further stated each participating employee donates eight hours per
year,and it has been a very cost-effective program. Commissioner Garcia moved to approve said bylaws.
Seconded by Commissioner Jerke, the motion carried unanimously.
Minutes, May 30, 2007 2007-1521
Page 5 BC0016
CONSIDERAPPOINTMENTOF DEPUTY DISTRICTATTORNEYANDAUTHORIZECHAIRTO SIGN-
MILENA RODIONOV: Commissioner Garcia moved to appoint Milena Rodionov as a Deputy District
Attorney and authorize the Chair to sign. Seconded by Commissioner Jerke, 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 9:40 a.m.
BO OF COUNTY COM ISSIONERS
WE OUNTY, COL RAD
ATTEST: a .; j u
it ere, 4f David E. Long, Chair
Weld County Clerk to the Boar l t`=a ;'a
fl lin
r., tqb William H. Jerke, Pr m
BY: Olt I Glt- r- �,
Dep Clerli the Board '7.7, ea
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William F. Garcia
EXCUSED
Robert D. Masden
\I
ar
Douglas Rademacher Qt
Minutes, May 30, 2007 2007-1521
Page 6 BC0016
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