HomeMy WebLinkAbout20023252 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 23, 2002
TAPE #2002-41
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, December 23, 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- EXCUSED
Commissioner David E. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden - EXCUSED
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 Geile moved to approve the minutes of the Board of County Commissioners
meeting of December 18, 2002, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Geile moved to approve the Certification of Hearings
conducted on December 18, 2002, as follows: 1) Hearing for Community Development Block Grant
Application for the Weld Food Bank facility. Commissioner Jerke seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: The following was added to the agenda as follows: 27) Consider Accepting
Petition for Local Improvement District#2003-1 for Chambers Subdivision [2002-3249]
CONSENT AGENDA: Commissioner Geile moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PUBLIC INPUT:Jack Statler, Communications Director,thanked the Board for its support during this past
year of service in the Weld County Communications Division.
2002-3252
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $534,216.85
Commissioner Jerke moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT COUNTY NEWSPAPER BID: Mr. Warden stated this item was previously presented on
Wednesday, December 18, 2002; however, due to mailing delays the Tri-Town Farmer and Miner did not
receive a bid notice. Mr. Warden recommended the Board reject said bid to allow consideration of a bid
from the Tri-Town Farmer and Miner. Commissioner Geile moved to reject said bid. Commissioner Jerke
seconded the motion, which carried unanimously.
APPROVE WATER AND SEWER WITH MANHOLES PROJECT IN CHAMBERS SUBDIVISION BID ON
AN EMERGENCY BASIS - DEPARTMENT OF FINANCE: Mr. Warden stated this bid was originally
presented on Wednesday, December 18, 2002. He stated after meeting with the City of Brighton and the
Department of Public Works, staff recommends approval of the bid from Levi Contractors, Inc., in the
amount of$174,700.00, which has been approved by the State. He stated the base bid is $87,940, and
the total amount includes the connections to homes, demolition of the sewer, etc. Mr. Warden stated this
needs to be approved on an emergency basis because the homes are currently being served by water
from a nearby fire hydrant, and a bad freeze may leave these residents without any water or sewer
services. He further stated once this is approved, the Department of Public Works will begin working with
the City of Brighton, which will be supervising the project, in an effort to complete the job within the next
several weeks. In response to Commissioner Jerke, Mr. Warden stated the base bid from Levi
Contractors, Inc., is approximately $1,500 less than the bid from Farner Enterprises, Inc. Mr. Warden
further stated the Department of Local Affairs has confirmed that it will supplement the grants, in the
amount of $38,000 to also cover the cost of a lift station, engineering and permit fees. Commissioner
Jerke moved to approve said bid on an emergency basis. Commissioner Geile seconded the motion,
which carried unanimously.
APPROVE TRAFFIC SIGN COMPUTER SYSTEM BID - DEPARTMENT OF PUBLIC WORKS: Mr.
Warden stated Department of Public Works recommends approval of bid from Traffic and Parking Control,
Inc., in the amount of$12,138.00 for one traffic sign graphics computer system because the low bid did
not meet specifications. Commissioner Geile moved to approve said bid as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
APPROVE DUST CONTROL AT WCR 51 BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated
staff recommends approval of the sole bid from Mountain Constructors, in the amount of $130,456, as
detailed in the Memorandum dated December 12, 2002. Responding to Commissioner Jerke, Mr.Jerome
stated this dust control will be applied on Weld County Road 51 from 1-76 to Highway 52 for the Calpine
project. He further stated this is pass-through funding and the County will bill the escrow account where
the money is stored. Commissioner Geile moved to approve said bid as recommended by staff.
Commissioner Jerke seconded the motion, which carried unanimously.
APPROVE PLAYGROUND EQUIPMENT (FREDERICK) BID - DEPARTMENT OF HUMAN SERVICES:
Mr. Warden stated staff recommends approval of the sole bid from Children's Playstructures, Inc., in the
amount of $14,934. In response to Commissioner Jerke, Mr. Warden stated this will be covered by
Federal Head Start funds. Commissioner Jerke moved to approve said bid as recommended by staff.
Commissioner Geile seconded the motion, which carried unanimously.
Minutes, December 23, 2002 2002-3252
Page 2 BC0016
NEW BUSINESS:
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Mr. Barker
stated the Sheriff's Office indicated no concerns and he recommends approval. Commissioner Jerke
moved to approve said application and authorize the Chair to sign. The motion was seconded by
Commissioner Geile, and it carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - RAFFERTY'S, INC., DBA RAFFERTY'S: Mr. Barker stated the Sheriffs
Office indicated no concerns and he recommends approval. Commissioner Jerke moved to approve said
application and authorize the Chair to sign. The motion, which was seconded by Commissioner Geile,
carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-RAFFERTY'S
INC., DBA RAFFERTY'S: Mr. Barker stated this is the annual application for conducting public dances and
he recommends approval. Commissioner Geile moved to approve said application. Commissioner Jerke
seconded the motion, which carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR MENTAL HEALTH SERVICES TO ELIGIBLE
HEAD START CHILDREN AND FAMILIES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH MULTI-CULTURAL SERVICES: Walt Speckman, Director of Human Services,
stated this is a standard contract for mental health services to eligible Head Start children and their
families. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER THREE CONSULTANT AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE
CHAIR TO SIGN: Mr. Speckman stated under these agreements eligible Head Start children will receive
audiology and vision screening. Commissioner Geile moved to approve said agreements and authorize
the Chair to sign. The motion was seconded by Commissioner Jerke, and it carried unanimously.
CONSIDER LEASE AGREEMENT FOR HEAD START CLASSROOM AND AUTHORIZE CHAIR TO SIGN
- ST. PETER'S CATHOLIC CHURCH: Mr. Speckman stated this lease will provide a full-day Head Start
classroom at St. Peter's Catholic Church. Commissioner Geile moved to approve said lease agreement
and authorize the Chair to sign. The motion was seconded by Commissioner Jerke. In response to
Commissioner Jerke, Speckman stated the lease is for$1,000 per month to cover rent and utilities. There
being no further discussion, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR TEMPORARY USE OF MIGRANT HEAD START FACILITY IN
GRAND JUNCTION,COLORADO,AND AUTHORIZE CHAIR TO SIGN-LEARNING TREE CHILDREN'S
CENTER: Mr. Speckman stated the Learning Tree Children's Center recently burned down and under this
lease the Migrant Head Start facility will be leased on a temporary basis until classes start again. In
response to Commissioner Geile, Mr. Speckman stated the Center is a private, nonprofit association and
the lease is from November 18, 2002 through January 31, 2003, during which time Learning Tree
Children's Center will assume all liability. Commissioner Geile moved to approve said lease agreement
and authorize the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried
unanimously.
CONSIDER AGREEMENT CONCERNING MEDICAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
SUNRISE COMMUNITY HEALTH CENTER: Dr. Mark Wallace, Director of Weld County Department of
Public Health and Environment, stated this is funding through a Maternal Health Block Grant for prenatal
services to be provided by Sunrise Community Health Center. He stated the term covers 14 months to
Minutes, December 23, 2002 2002-3252
Page 3 BC0016
coincide with the Maternal Health Grant, and the Department of Public Health and Environment will pay
not more than$100,000 for 12 months to serve 150 women. Commissioner Jerke moved to approve said
agreement and authorize the Chair to sign. Commissioner Geile seconded the motion, which carried
unanimously.
CONSIDER CONTRACT FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN: Karol
Koeltzow, District Attorney's Office,stated the VALE Board has approved a five-percent increase over last
year for the Victim/Witness Program. Commissioner Jerke moved to approve said contract and authorize
the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER APPOINTMENT TO GREELEY-WELD COUNTY AIRPORT AUTHORITY BOARD:
Commissioner Jerke moved to appoint Ernie Crownover to the Greeley-Weld County Airport Authority
Board,with a term expiring December 31, 2006. Commissioner Geile seconded the motion,which carried
unanimously.
CONSIDER RESOLUTION RE: RECOGNIZING DENMAN/WYMER FINAL RECOVERIES: Mr. Warden
stated approval of this Resolution will recognize the final recoveries from a settlement, in the amount of
$161,000,as well as a bankruptcy settlement, in the amount of $59,557.66. In response to Commissioner
Jerke, Mr. Warden stated this has been pending for approximately twelve years. Commissioner Jerke
moved to approve said Resolution. Commissioner Geile seconded the motion,which carried unanimously.
CONSIDER RESOLUTION RE: ESTABLISH CHANGE FUND FOR SHERIFF'S OFFICE LAW
ENFORCEMENT ADMINISTRATION BUILDING: Mr. Warden stated approval of this Resolution will
establish a $100 change fund for the new law enforcement building. He stated the current change fund
will stay with the Sheriff's Office in the Centennial Center to cover mug shots and fingerprints.
Commissioner Geile moved to approve said Resolution. CommissionerJerke seconded the motion,which
carried unanimously.
CONSIDER CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR WELD LARIMER
REVOLVING LOAN FUND FOR SMALL BUSINESS ASSISTANCE TO COMPANIES LOCATED IN NON-
ENTITLEMENT AREAS OF WELD AND LARIMER COUNTIES AND AUTHORIZE CHAIR TO SIGN: Mr.
Warden stated under this contract the County will receive Federal funds which are being passed through
the State. He stated the money is then loaned to small businesses in Larimer and Weld Counties, with
the exception of the cities of Loveland, Fort Collins,and Greeley. He stated the following item of business
is a subcontract with the Economic Development Action Partnership (EDAP) to administer the program.
In response to Commissioner Geile, Mr. Warden stated$825,000 has been granted, and with the addition
of other funds the total revenue is approximately $2.5 million. In response to Commissioner Jerke, Mr.
Warden stated entitlement areas must have a population of 50,000 or more, and they get a direct
allocation of Community Development Block Grant funds. He stated the remaining funds, which are
competitive grant funds, are called "Balance of State." He further stated the funds can be used for
housing,economic development,and publicfacilities. Mr.Warden stated because the unincorporated area
of Weld County is non-entitled,the County can compete for the funds. He stated there is a loan committee
appointed by both Counties,which serves as the loan officer to review the loans and recommend approval,
with ultimate approval by EDAP. Responding to Commissioner Jerke, Mr. Warden stated there is a $7.6
million cap at the State, but there is no cap for the County. He stated there has only been one bankruptcy,
and all other loan funds have been recovered and reapplied toward other projects. Commissioner Geile
moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Jerke, the
motion carried unanimously.
Minutes, December 23, 2002 2002-3252
Page 4 BC0016
CONSIDER SUBCONTRACT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR
WELD LARIMER REVOLVING LOAN FUND AND AUTHORIZE CHAIR TO SIGN - GREELEY/WELD
ECONOMIC DEVELOPMENT ACTION PARTNERSHIP: Based on the previous discussion,Commissioner
Jerke moved to approve said subcontract and authorize the Chair to sign. The motion, which was
seconded by Commissioner Geile, carried unanimously.
CONSIDER RESOLUTION RE: 2003 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr. Warden stated an intergovernmental agreement was approved on
October 24, 1984, for the Island Grove Park Management Services, and the budget amounts were set by
Resolution. Commissioner Geile requested a work session be scheduled to review maximizing the use
of the Island Grove facilities. Mr. Warden stated the budget amount covers maintenance of the Exhibition
Building, two staff salaries, and utilities. He further stated $60,000 has already been designated to help
offset the costs. Commissioner Geile moved to continue this matter to January 8,2003,to allow additional
discussion concerning this matter. CommissionerJerke seconded the motion,which carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A KID'S PLACE:
Mr. Warden stated this and the following seven items are all Memorandum of Agreements with outside
agencies which were approved during the budget process. He stated A Kid's Place has been awarded the
sum of$12,500 from Weld County General Fund monies. Commissioner Geile moved to approve said
Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner Jerke, the
motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY
SENIOR CITIZEN COORDINATORS: Mr. Warden stated Weld County Senior Citizen Coordinators has
been awarded $12,500 to serve 19 senior centers throughout Weld County. He stated the only condition
for obtaining these funds is that they must be used to benefit the seniors' programs or centers. In
response to Commissioner Jerke, Mr. Warden stated these are all County funds, but$2.9 million goes to
the Area Agency on Aging and may be subject to State budget cuts. Commissioner Geile moved to
approve said Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner
Jerke, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENT SERVICES, INC.: Mr.Warden stated Centennial Development Services, Inc., has been
awarded $46,125 for disability services, as part of a local match required for the program. Mr. Warden
stated staff anticipates this program will experience a four to six percent funding cut. In response to
Commissioner Geile, Mr.Warden stated the services may be restricted, but they will likely stay in business,
and the funding is subject to review based on any State funding cuts. Responding to Commissioner
Jerke, Mr. Warden stated the funds are disbursed quarterly for this program. Commissioner Jerke moved
to approve said Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner
Geile, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN- RADIO READING
SERVICE OF THE ROCKIES: Mr. Warden stated Radio Reading Service of the Rockies has been
awarded $7,500 to provide radio broadcasts of various literature to benefit the visually impaired.
Commissioner Jerke moved to approve said Memorandum of Agreement and authorize the Chair to sign.
Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, December 23, 2002 2002-3252
Page 5 BC0016
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CONVENTION AND VISITORS BUREAU: Mr.Warden stated the Greeley Convention and Visitors Bureau
has been awarded $5,000 to promote tourism. Commissioner Geile moved to approve said Memorandum
of Agreement and authorize the Chair to sign, with a request to schedule a work session to review how
tourism is being promoted in Weld County. Seconded by Commissioner Jerke, the motion carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ECONOMIC
DEVELOPMENT ACTION PARTNERSHIP: Mr. Warden stated the Economic Development Action
Partnership has been awarded$100,000,which is a decrease from last year due to the success of EDAP's
private fund raising. Commissioner Geile moved to approve said Memorandum of Agreement and
authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-HUMANE SOCIETY
OF WELD COUNTY: Mr. Warden stated the Humane Society of Weld County has been awarded
$125,000 to provide shelter for approximately 6,000 animals which are submitted by Weld County. In
response to Commissioner Jerke, Mr. Warden stated if an animal is held for three days the average cost
is $100, but the cost is more if the animal is sick or euthanized. Commissioner Jerke moved to approve
said Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH: Mr. Warden stated North Range Behavioral Health has been awarded $91,875
to provide mental health services in Weld County. Commissioner Jerke moved to approve said
Memorandum of Agreement and authorize the Chair to sign. Seconded by Commissioner Geile, the
motion carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-10, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS, CHAPTER 5 AND APPENDICES 5-A THRU 5-L, OF THE WELD
COUNTY CODE: Commissioner Geile moved to read Code Ordinance #2002-10 by title only.
Commissioner Jerke seconded the motion, which carried unanimously. Mr. Barker read said title for the
record. Mr.Warden stated the GIS fees will be amended to clarify the subdivision boundaries and scanned
images of the road right-of-way books. He stated at the request of the Board, Appendix 5-J will be
amended to clarify the fee for Confined Animal Feedlot Operations based on the number and type of
animal units. Commissioner Jerke commented he has received requests from the public to include a
maximum fee so larger animal feeding operations are not penalized. Following discussion, Ms. Mika stated
the Departments of Planning Services and Public Health and Environment would be agreeable to a$5,000
cap. Commissioner Jerke moved to amend the fee to include a $5,000 cap for Confined Animal Feeding
Operations. Commissioner Geile seconded the motion,which carried unanimously. Commissioner Geile
moved to approve Code Ordinance#2002-10 on final reading,with the previously discussed amendments.
The motion was seconded by Commissioner Jerke, and it carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 20 ROAD IMPACT FEES, OF THE WELD COUNTY
CODE: Commissioner Jerke moved to read Code Ordinance#2002-11 by title only. Commissioner Geile
seconded the motion, which carried unanimously. Mr. Barker read said title for the record and stated the
proposed changes for final reading include amending Section 20-1-130 for the definition of Agricultural
Commercial to add "per lot" to address the cumulative impact. Mr. Barker stated Section 20-2-600 will
be amended to clarify the process for refunding fees if the work has not been completed, and the final
change is to appendix 20-B for clerical corrections. No public testimony was offered concerning this
matter. Commissioner Jerke moved to approve the proposed amendments. Commissioner Geile
Minutes, December 23, 2002 2002-3252
Page 6 BC0016
seconded the motion,which carried unanimously. Commissioner Jerke moved to approve Code Ordinance
#2002-11 on final reading. The motion was seconded by Commissioner Geile,and it carried unanimously.
FINAL READING OF CODE ORDINANCE #2002-12, IN THE MATTER OF REPEALING AND
REENACTING,WITH AMENDMENTS,CHAPTER 2 ADMINISTRATION,CHAPTER 3 PERSONNEL,AND
CHAPTER 9 INFORMATION SERVICES OF THE WELD COUNTY CODE: Commissioner Geile moved
to read Code Ordinance#2002-12 by title only. Commissioner Jerke seconded the motion, which carried
unanimously. Mr. Barker read said title for the record. Mr. Warden stated the only change proposed for
final reading addresses family sick leave. He stated the language will be amended to clarify that each
employee will receive a maximum of 40 hours per year for family sick leave. No public testimony was
offered concerning this matter. Commissioner Geile moved to approve Code Ordinance#2002-12 on final
reading, with the amendment reviewed by Mr. Warden. The motion was seconded by Commissioner
Jerke, and it carried unanimously.
CONSIDER ACCEPTING PETITION FOR LOCAL IMPROVEMENT DISTRICT#2003-1 FOR CHAMBERS
SUBDIVISION: Mr. Warden stated a Local Improvement District is needed for the Chambers Subdivision
for up to $100,000 repayment by the appropriate property owners to complete the necessary
improvements. He stated all except two property owners have signed the petition to create a Local
Improvement District. Commissioner Jerke moved to accept said petition and set a hearing date for
January 8, 2003, at 10:00 a.m. Commissioner Geile seconded the motion, which carried unanimously.
PLANNING:
CONSIDER VACATION OF SPECIAL USE PERMIT #74: Ms. Mika stated the applicant has requested
vacation pursuant to Condition of Approval #1.F of Use by Special Review Permit#1395. Commissioner
Geile moved to vacate Special Use Permit#74. Commissioner Jerke seconded the motion,which carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinances #2002-10, #2002-11, and #2002-12 were approved on final reading.
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 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,fintaki ,/�,�:I E a EXCUSED
GI aVaad, hair
Weld County Clerk to t #.,
fir. Davi.—E. Lo• ., Pro-Tem
Deputy Clerk to the Bo
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EXCUSED DATE OF APPROVAL
William H. Jerke
EXCUSED
Robert D. Masden
Minutes, December 23, 2002 2002-3252
Page 7 BC0016
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