HomeMy WebLinkAbout20020593.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 11, 2002
TAPE #2002-09 and #2002-10
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, March 11, 2002, 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 Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile - EXCUSED
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of March 6, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on March 6, 2002, as follows: 1) Resubdivision, S#616,for the Vacation of the E1/2 of Tract 6,
Aristocrat Ranchettes, 2nd Filing, Marty Mathews, c/o Todd Hodges Design, LLC. Commissioner Jerke
seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Jerke moved to approve the consent agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES - AWARD OF FINANCIAL REPORTING ACHIEVEMENT, WELD
COUNTY ACCOUNTING DEPARTMENT: Chair Vaad read the letter and plaque from the Government
Finance Officers Association for the record recognizing the Department of Accounting for preparing a
Comprehensive Annual Financial Report (CAFR) which qualifies for a Certificate of Achievement for
Excellence in Financial Reporting. Chair Vaad expressed his appreciation to the Departments of
Accounting and Finance for presenting the information in a way that is easy to understand. Commissioner
Long concurred and stated it has been well received by his constituents. Commissioner Masden stated
there are other elected officials who have indicated interest in using Weld County's financial documents
2002-0593
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as samples in preparing their own reports and budgets. Mr. Warden stated this award is specifically for
the CAFR, and there is a separate recognition for the annual budget. Commissioner Jerke commented
it is beneficial not only for the public but for the Commissioners. Claud Hanes, Barb Eurich and Janet
Reichert were present to receive the award.
PUBLIC INPUT: There was no public input.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $404,262.76
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER AMENDED INTERGOVERNMENTAL AGREEMENT PURSUANT TO SECTION 29-1-204.2,
C.R.S., FOR THE CREATION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY AND AUTHORIZE
CHAIR TO SIGN (CON'T FROM 03/06/2002): Due to the absence of Commissioner Geile, Commissioner
Long moved to continue this matter to Wednesday, March 13, 2002, at 9:00 a.m. to allow consideration
by a full quorum of the Board. Commissioner Jerke seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TOBACCO SETTLEMENT PLAN FOR TOBACCO-FREE WELD COUNTY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Weld County Department of Public Health
and Environment, stated this grant application will allow the Health Department to continue operating the
Tobacco Free Weld County Program. He stated this year they are requesting to become a lead agency
to distribute mini grants to other agencies, and they would also like to build a southwest Weld coalition to
extend programing into other areas of the County. Dr. Wallace stated the goals of this plan focus on
prevention of tobacco use, promoting the cessation of tobacco use, working to decrease exposure to
second hand smoke, and increasing the local capacity for effective tobacco control. He stated the term of
this grant, if approved, will begin July 1, 2002, and end June 30, 2003, with funding in the amount of
$256,468.00. Responding to Commissioner Jerke, Dr. Wallace stated the results of the program are
measured by review of recent data from the Colorado Children's Campaign. He stated there is evidence
of fewer women smoking during pregnancy, which appears to be a result of better education in this area.
Dr. Wallace stated they also look to coalition partners for feedback, and there has also been an increase
in the number of smoke-free establishments in Weld County. He further stated the statistics are reviewed
based on age and demographics to determine if the programs are successful. Responding to
Commissioner Masden, Dr. Wallace stated they are not requesting new staff, but there would be an
increase from a three-quarter to full-time position. He stated they are also requesting the program
coordinator become a supervisory position which would be responsible for overseeing the mini grants and
various other tasks. (Switched to Tape#2002-10) In response to Commissioner Long, Dr.Wallace stated
the goals have components which incorporate cultural diversity, and there is a very high emphasis on
targeting school-age youth. Commissioner Long moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION FOR WORKFORCE INVESTMENT ACT
(W IA)YOUTH FUNDS AND AUTHORIZE CHAIR TO SIGN:Walt Speckman, Director of Human Services,
stated this will serve additional youth with the funds provided. Commissioner Masden moved to approve
said Expenditure Authorization and authorize the Chair to sign. Commissioner Long seconded the motion,
which carried unanimously.
Minutes, March 11, 2002 2002-0593
Page 2 BC0016
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION FOR WIA ADULT FUNDS AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this will serve additional adults with the funds
provided. Commissioner Masden moved to approve said Expenditure Authorization and authorize the
Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION FOR WIA DISLOCATED WORKER
FUNDS AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this Expenditure Authorization requests
funds as a result of serving more individuals than were originally anticipated due to the downturn in the
economy. Commissioner Long moved to approve said Expenditure Authorization and authorize the Chair
to sign. The motion was seconded by Commissioner Masden, and it carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR WAGNER-PEYSER 10% FUNDS-SUMMER JOB
HUNT AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated $17,930 will be used for the Summer
Job Hunt Program. Responding to Commissioner Jerke, Mr. Speckman stated this will be 100 percent
Federal funds, with no match requirements. Commissioner Long moved to approve said Expenditure
Authorization Request. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER GRANT AGREEMENT FOR WIA EMPLOYMENT AND TRAINING PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated this is the basic grant agreement for a three-year
period. He stated there is no specific grant amount; however, as changes are made, the funds can be
acquired through Expenditure Authorization Requests. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR AREA AGENCY ON AGING SENIOR NUTRITION
PROJECT AND AUTHORIZE CHAIR TO SIGN - JOHNSON MEMORIAL BUILDING: Mr. Speckman
stated the Erie Senior Nutrition site has been moved to the Johnson Memorial Building and this agreement
provides for use of the new building. Commissioner Jerke moved to approve said Memorandum of
Agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER 2002-2003 COMMUNITY SERVICES BLOCK GRANT APPLICATION AND PLAN: Mr.
Speckman stated this is the annual application and plan for $257,755.00. He stated these funds will be
used for transportation and services to the rural elderly population. He stated it covers the minibus service,
mileage reimbursement for volunteers at 34.5 cents per mile, and working with senior coordinators to
ensure activities in the various areas work well. Commissioner Long moved to approve said application
and plan. Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 10 BETWEEN WCR 37 AND MEADOW LAKE
ROAD; WCR 62 BETWEEN WCRS 13 AND 17; WCR 54 BETWEEN WCR 15 AND STATE HIGHWAY
257; AND WCR 17 BETWEEN U.S. HIGHWAY 34 AND WCR 52: Frank Hempen, Jr., Director of Public
Works, stated Weld County Road 10 is planned for a construction project this year,Weld County Road 62
is also on the 2002 Work Plan, and Weld County Roads 54 and 17 need to be temporarily closed for
maintenance and repair of an irrigation culvert that crosses the intersection. Commissioner Jerke moved
to approve said temporary closures. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES TO REDUCE SPEED LIMIT ON WCR 1
BETWEEN STATE HIGHWAY 56 AND STATE HIGHWAY 60: Mr. Hempen stated this is a three-mile
segment of roadway on the County line. He stated staff has been working with Larimer County which did
a comprehensive study on this segment, and currently has no speed postings. He stated he concurs with
Minutes, March 11, 2002 2002-0593
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Larimer County's recommendation to post "Speed Limit 40 MPH" signs on Weld County Road 1 from
Highway 56 north for one mile to Weld County Road 46, and to post "Speed Limit 35 MPH" signs from
Weld County Road 46 to Highway 60 (Weld County Road 50). Responding to Commissioner Jerke, Mr.
Hempen stated he has received complaints on this portion of road due to excessive speed limits. He
stated although the 85th percentile travels an average of 53 miles per hour, there are many field,
residential, and business entrances, as well as a cemetery access, which warrant this request. He stated
he concurs with the results of the study and feels it is appropriate to reduce the speed limit. Responding
further to Commissioner Jerke, Mr. Barker stated the Sheriffs Office does have jurisdiction to enforce
speed limits on county line roads and can issue tickets in accordance with State statute. He further stated
jurisdiction actually falls under both Counties and both can issue tickets. Commissioner Jerke suggested
the Sheriffs Office do some enforcement on this segment of road until the public is familiar with the new
limits. Mr.Warden stated they also have use of the speed notification signs, and Mr. Hempen added they
typically flag new speed limit signs. Commissioner Long moved to approve said speed reduction.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER NOTICE OF INTENT TO CONDUCT EXPLORATION OPERATION ON STROMBERGER
PROPERTY TO TEST GRAVEL AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated this
Performance Warranty is required by the Colorado Division of Minerals and Geology when doing
exploration on a property to determine whether a site has potential for gravel mining operations. He gave
a brief description of the location of the property and stated the owner believes there is potential for
extraction. Commissioner Jerke moved to approve said Notice of Intent and authorize the Chair to sign.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER AGREEMENT TO TRANSFER PERMITS AND SUCCESSION OF OPERATION FOR FISCUS
GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - MENDEZ, INC.: Mr. Hempen stated under this
agreement the County will pay Mendez, Inc.,$5,000.00 for acquisition of the mining permit rights for Fiscus
Pit. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Jerke, the motion carried unanimously.
CONSIDER TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS APPLICATION FORM FOR
FISCUS GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN: Mr. Hempen stated this document is
necessary to inform the Colorado Division of Minerals and Geology that Weld County is assuming the
mining permit rights to Fiscus Pit. Commissioner Long moved to approve said transfer and authorize the
Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND
AUTHORIZE CHAIR TO SIGN-JACK AND SHIRLEY FISCUS: Mr. Hempen stated this agreement allows
the County to commence gravel and soil extraction on the Fiscus Property. He stated the property owner
will be paid royalties in the amount of 55 cents per ton. Commissioner Long moved to approve said
agreement and authorize the Chair to sign. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER APPOINTMENT OF DELEGATE TO REPRESENT WELD COUNTY AT ANNUAL MEETING
OF RURAL DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN PROXY: Commissioner Jerke
commented although the Draft Resolution appoints Jeff Jerome, there have been other instances where
the Board has appointed Lee Morrison who is more familiar with Water Law. Commissioner Jerke moved
to appoint Lee Morrison to attend the Annual Meeting. Commissioner Long seconded the motion, which
carried unanimously. (Clerk's Note: Due to scheduling conflicts, * will be attending the meeting in Mr.
Morrison's place.)
Minutes, March 11, 2002 2002-0593
Page 4 BC0016
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY,
APPROVE CONTRACT TO AUCTION WITH RITCHIE BROS. AUCTIONEERS (AMERICA), INC., AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden recommended approval of this Resolution to declare the
asphalt machine as surplus equipment and approve the Contract to Auction with Ritchie Bros. Mr.Warden
stated the asphalt machine has been replaced with newer equipment this year. Commissioner Masden
moved to approve said Resolution. CommissionerJerke seconded the motion,which carried unanimously.
CONSIDER AMENDMENT TO MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
BANNER HEALTH SYSTEM, OPERATOR OF NORTH COLORADO MEDICAL CENTER: Mr. Warden
stated this amendment will extend the agreement term. He stated under this agreement, North Colorado
Medical Center holds persons for 72 hours who are a mental health threat to themselves or others. He
further stated the reimbursement cost is capped at$2,700.00, and holding people at the hospital is better
than incarcerating them at the jail. Responding to Commissioner Jerke, Mr. Warden stated the cap
amount is typically exceeded because many of the patients cannot pay their own medical bills. He stated
they are required to pay the expense if they have insurance or other means of paying the bill. He further
stated the Hospital pays the difference if the cap amount is exceeded. Mr. Warden stated all of the
municipalities in the County are covered under this agreement, with the exception of the City of Greeley.
Commissioner Long moved to approve said amendment and authorize the Chair to sign. Commissioner
Jerke seconded the motion, which carried unanimously.
PLANNING:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
SITE PLAN REVIEW, SPR#348 - SOLID ROCK PROPERTIES, LLC, C/O RON MORROW: Kim Ogle,
Department of Planning Services, stated the Departments of Public Works and Planning Services have
reviewed this agreement and determined there are adequate funds for the required improvements. He
further stated the County Attorney's Office has also reviewed the sample form of the Letter of Credit and
recommends approval with the stipulation that the Letter of Credit be submitted to the Clerk to the Board
within 10 days of issuance of the building permit. Responding to Chair Vaad, Mr. Ogle stated the dates
in his memorandum are the approximate dates the applicant intends to have the work completed. He
stated the Letter of Credit amount can be reduced as work is completed; however, the applicant must
submit a replacement form of collateral in the reduced amount. Don Carroll, Department of Public Works,
stated he has reviewed the transportation portions of the agreement and he concurs that there are
adequate funds to complete the project. He stated this will be the first Site Plan Review in this area, and
he is glad to see some activity at the site because the case has been inactive for several years. Chair
Vaad commented although the collateral amounts seem excessive, there is a means of reducing the
amounts as the work is completed. Commissioner Jerke moved to approve said Improvements
Agreement, authorize the Chair to sign, and to Accept the Form of Collateral. Commissioner Masden
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, March 11, 2002 2002-0593
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
David E. Long, Pro-Tern
BY:
Deputy Clerk to the Board EXCUSED
M. J. Geile
William H. Jerke
Robert D. Masden
Minutes, March 11, 2002 2002-0593
Page 6 BC0016
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