HomeMy WebLinkAbout20021972.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 24, 2002
TAPE#2002-23
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, July 24, 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
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 July 22, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Geile moved to read Code Ordinance #2002-7 by tape.
Commissioner Long seconded the motion, which carried unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS:Commissioner Masden stated he attended Energy Impact
Hearings last week in Gunnison. He stated Mr. Warden presented an Energy Impact Grant, and he
believes the Committee will award Weld County $300,000 for road and safety projects on Weld County
Road 39. Commissioner Long stated he attended a TANF Reauthorization Conference in Washington,
D.C., last weekend. He stated they discussed the pros and cons of preauthorizing versus reinstating the
old version,and there seems to be a lot of contention between the House and Senate versions. He stated
it appears they will extend the old TANF laws rather than preauthorizing because there seems to be a lot
of diversity between the amounts that the House and Senate want to award. Commissioner Long stated
the whole issue is in a stalemate at this time.
2002-1972
BC0016
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 $158,709.83
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Mr. Warden stated there are no bids to present.
APPROVE HOUSEHOLD HAZARDOUS WASTE SERVICES BID - ENVIRONMENTAL HEALTH
SERVICES DIVISION: Mr. Warden stated the Environmental Health Services Division recommends
approval of the low bid from MSE Environmental, in the amount of$59,925. He stated Boulder, Larimer,
and Mesa Counties all indicated satisfaction with this company. Commissioner Geile moved to approve
said bid as recommended by staff. Commissioner Masden seconded the motion, which carried
unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-EARTHARVEST FOODS: Michael
Sampson,Assessor's Office, stated this and the next item of business involve personal property accounts
where the property was submitted by the owner of the company and then resubmitted by the leasing
company resulting in double assessment. Commissioner Jerke moved to approve said petition.
Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-DIMENSION ENTERPRISES, INC.:
Commissioner Geile moved to approve said petition. Commissioner Long seconded the motion, which
carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 59 BETWEEN WCR 14 AND STATE
HIGHWAY 52: Frank Hempen, Jr., Director of Public Works, stated this was emergency closure on
July 18, 2002, to repair a six-foot diameter culvert which failed. He stated the road is expected to reopen
on August 8,2002.Commissioner Long moved to approve said temporary closure. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER ENTRY ON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated this is the standard request for entry on lands which have noxious
weeds for control activities. Commissioner Masden moved to approve said entry. Commissioner Geile
seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR COUNTY JAIL SERVICES AND AUTHORIZE CHAIR TO SIGN -
WASHINGTON COUNTY: Rick Dill, Weld County Sheriff's Office, stated this agreement will allow the
Sheriffs Office to hold prisoners at the Washington County Jail, which have been sentenced to the
Colorado Department of Corrections, but not accepted after 72 hours at that facility. He stated this
arrangement will create space in the Weld County facility, particularly in the higher custody classifications
where there is a serious overcrowding problem. Mr. Dill stated the cost for reimbursement will be
pass-through money from the State of Colorado. In response to Commissioner Geile, Mr. Dill stated the
overcrowding began in August 2001, the population has exceeded all of their projections, and all of the
housing units are full. He stated they lack the ability to create housing in the units, resulting in people who
Minutes, July 24, 2002 2002-1972
Page 2 BC0016
are classified for the general population who remain in the booking/receiving area. He stated the inmates
are not allowed access to certain Constitutional protections, including hygiene, exercise, visitation,
etcetera. He stated it is difficult to manage and there is some concern for the safety of the staff and
inmates. Responding to Commissioner Jerke, Mr. Dill stated Washington County has indicated they will
take as many inmates as necessary. He explained that Washington County overbuilt its facility with the
intent of doing contract housing for other agencies. Mr. Dill stated the Washington County facility is
approximately 1.5 hours drive from Greeley,and noted that he did contact Broomfield, Douglas,and Moffat
Counties; however,Washington County indicated it was willing and has the necessary facilities. He further
stated Weld County will be responsible for all of the transportation costs to the Washington County facility.
He explained they are looking for people who are waiting to go directly to the Department of Corrections
and not awaiting more court cases here in Greeley. Responding to Commissioner Masden, Mr. Dill stated
Washington County will be paid$51.65 per inmate, per day,as required by the State,effective as of July 1,
2002. He explained the money will be received from the State and then forwarded to Washington County.
He further stated the Sheriff's Office continues to bill the Department of Corrections for female prisoners
being held in the Weld County Jail, parole holds, and people that have been revoked from the Community
Corrections and adjudicated to be returned to the Department of Corrections. In response to
Commissioner Long, Mr. Dill stated Washington County is not interested in contracting with the State, nor
is the State pursuing any of those agreements at this time. He further stated the Department of
Corrections restricted the intake of inmates to 35 per day, which has shown some relief; however, there
is still a backlog of inmates who are waiting to be transferred. Chair Vaad commented this agreement is
automatically renewable. Mr. Warden stated the Jail expansion will not be completed until January or
February 2004. Mr. Dill stated the agreement does have a clause which allows either party to terminate
the agreement with adequate notification. Chair Vaad requested the Sheriff's Office notify the Board of
Commissioner when this agreement is no longer needed. Commissioner Geile moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER TWO CONTRACTS FOR UPGRADE OF PHONE SYSTEM AND PHONE MAIL FOR NEW
JAIL AND PUBLIC SAFETY BUILDING AND AUTHORIZE CHAIR TO SIGN - SIEMENS ENTERPRISE
NETWORKS, LLC: Mr. Warden stated both contracts are to accommodate the new jail and public safety
building, as well as increased capacity to the phone mail system. He stated the purchase prices for these
upgrades are $17,946.11 and $90,054.15, which will be funded out of the Phone Equipment Reserve.
Commissioner Masden moved to approve said contracts and authorize the Chair to sign. The motion,
which was seconded by Commissioner Geile, carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE AND ACCEPT REPLACEMENT COLLATERAL FOR
PLANNED UNIT DEVELOPMENT FINAL PLAN, S#579, FOR THE ELMS AT MEADOW VALE, THIRD
FILING - ELMS LAND COMPANY, LLC, C/O FLOYD OLIVER: Kim Ogle, Department of Planning
Services, stated Floyd Oliver has requested a release of the Deed of Trust, and the new owner, Genesee
Company, has submitted a Letter of Credit, in the amount of$889,000. Mr. Ogle reviewed the remaining
items to be completed, and stated the posted collateral is adequate. Don Carroll, Department of Public
Works, stated Mr. Oliver has completed all of the paving for the Elms at Meadow Vale, Third Filing;
however, he is requesting the Board retain 15 percent of the collateral for one year to ensure the work is
sufficient. In response to Commissioner Geile, Mr. Ogle stated Mr. Oliver will complete all of the
improvements,and Genesee Company has posted the necessary collateral. Commissioner Geile moved
to cancel said collateral and accept replacement collateral for Planned Unit Development Final Plan,
S#579, for the Elms at Meadow Vale, Third Filing. The motion was seconded by Commissioner Masden,
and it carried unanimously.
Minutes, July 24, 2002 2002-1972
Page 3 BC0016
FIRST READING OF CODE ORDINANCE #2002-7, IN THE MATTER OF AMENDING THE WELD
COUNTY CODE, SPECIFICALLY, THE ADDITION OF ARTICLE IX - LONGMONT PLANNING
AGREEMENT, TO CHAPTER 19 COORDINATED PLANNING AGREEMENTS: Monica Mika, Director
of Planning Services, stated the form of agreement is consistent with the other existing Coordinated
Planning Agreements. She stated a formal presentation will be presented at the second reading; however,
there is not a recommendation from the Planning Commission. She suggested the Board review the
minutes of the Planning Commission hearing for a summary of the comments and discussion regarding
this matter. Phil DelVecchio, City of Longmont, stated the City has had several meetings with the property
owners involved under this Planning Agreement, in an effort to address many of their issues before the
Ordinance is finalized. He stated the term of this Agreement is one year; however, he suggested the
Board consider an extension of that time at second reading. In response to Commissioner Geile, Mr.
DelVecchio stated the meetings with surrounding property owners have involved discussions regarding
the water line of Union Reservoir, sewage districts, 208 planning areas, and the City of Longmont's need
to acquire land for the expansion of Union Reservoir. He stated there are some property owners that are
not in the Mixed Use Development area; however, they have expressed interest in developing their
properties. They have discussed paying fair market value for their property,and accommodate some level
of development and provide urban services. Mr. DelVecchio stated they have also discussed annexation
after a period of time, and the various types of development which may be allowed if annexed to the City
of Longmont. Responding to Commissioner Geile, Dale Rademacher, City of Longmont, stated he met
with the property owners to discuss the service provision of water and sewer. He stated most indicated
they wanted water service from either the Left Hand or Longs Peak Water Districts rather than pay the cost
of getting water service from Longmont. Mr. Rademacher stated they do have a 36-inch sewer line, and
he indicated the location of the line and what area they can service. He reviewed the St. Vrain Sanitation
District boundary and the areas that are not in the service area of the St. Vrain Sanitation District or the
City of Longmont, and added they are working to establish a common boundary. He further stated they
have made application to the North Front Range Water Quality Planning Association to amend the 208
Boundary as shown. Mr. Rademacher stated the City of Longmont has Intergovernmental Agreements
with Longs Peak and the Left Hand Water Districts, and should the 208 Area be amended,the areas east
will likely be served by St. Vrain Sanitation District. No public testimony was offered concerning this
matter. Commissioner Geile moved to approve Code Ordinance#2002-7 on first reading. Commissioner
Masden seconded the motion. Commissioner Jerke stated he will vote in favor of the motion; however,
he would like to have an opportunity in a work session or at second reading to discuss these issues with
the Planning Commission members because there is not a formal recommendation. There being no
further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2002-7 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, July 24, 2002 2002-1972
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: /��(/v ,;. _q ll.�^^-^ r I/0—
. �4,0 Glen ad, Chair
Weld County Clerk to the =.ard<' �J o
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4 '"� Pro-Tern.l David E. Lo':,
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Deputy Clerk to the Bo"oti f,�!
����� M. J. eile 1/ ,`/
Iliam H. Jer�erke
R bert D. Masden
Minutes, July 24, 2002 2002-1972
Page 5 BC0016
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