HomeMy WebLinkAbout20021341 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 22, 2002
TAPE #2002-17
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 22, 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:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Don Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of May 20, 2002, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
PROCLAMATIONS:
GREELEY INDEPENDENCE STAMPEDE - JUNE 27 - JULY 7, 2002: Chair Vaad read the certificate
proclaiming June 27, through July 7, 2002, as the Greeley Independence Stampede. Lynn Cassidy, Chair
of the 2002 Greeley Independence Stampede Committee, and Joe Nally,Vice Chair, read a proclamation
for the record recognizing this as the 80th Annual Greeley Independence Stampede. Commissioner Geile
commented he viewed a Power Point presentation of the events planned for this year's Stampede,as well
as the amount of contributions and volunteers involved. He thanked the members of the Stampede
Committee for all the work they are doing in the community. Mr. Nally stated this is a fun event and he
appreciates the Board's support.
MEMORIAL DAY- MAY 27, 2002: Chair Vaad read the certificate proclaiming May 27, 2002, as Memorial
Day, with said proclamations to be read at the Sunset Memorial Gardens and Lynn Grove Cemetery
memorial services.
2002-1341
BC0016
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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 $134,338.74
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
REJECT TRANSPORT MINI VANS BID (02/06/2002) - SHERIFF'S OFFICE: Pat Persichino, Director of
General Services, stated this bid was awarded to Garnsey and Wheeler Ford on February 6, 2002;
however, when the vans were received, they did not meet specifications. Mr. Persichino recommended
the Board reject this bid. Commissioner Jerke moved to reject Bid #B0200034 for Transport Mini Vans
for the Sheriffs Office. Commissioner Long seconded the motion, which carried unanimously.
PRESENT FUGITIVE TRANSPORT MINI VAN BID - SHERIFF'S OFFICE: Mr. Persichino presented the
five bids received and stated the Sheriff's Office recommends approval of the low bid from CO's Chrysler
Jeep, Inc., in the amount of$24,825.00 per van. He also requested this bid be approved on an emergency
basis due to the time lost in receiving the vans that did not meet specifications, which were rejected in the
previous item. Commissioner Long moved to approve the Fugitive Transport Mini Van Bid on an
emergency basis. Commissioner Masden seconded the motion, which carried unanimously.
APPROVE STATE BID ON VAN CONVERSIONS FOR TRANSPORTATION-DEPARTMENT OF HUMAN
SERVICES: Mr. Persichino stated the Department of Human Services recommends approval of the low
bid from Colorado/West Equipment, Inc., for two van conversions to be used in the Transit Division. He
stated each van will cost$34,750.00,for a total of$69,500.00. Commissioner Masden moved to approve
said bid as recommended by staff. Commissioner Geile seconded the motion. In response to
Commissioner Geile, Mr. Persichino stated the vans are yellow and will not require painting. There being
no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - GREENLEAF WHOLESALE
FLORIST, INC., C/O KITAYAMA BROS., INC.: Mike Sampson, Assessors's Office, stated his comments
apply to this and the following two items. Mr. Sampson requested the petitions be denied because the
issue of value relative to agricultural use does not apply because there is a case pending in the courts
overruling the Board of Assessment Appeal's interpretation. He stated the petitioner has not given any
solid reasons for requesting decreased values, although there is some basis due to the age of the
property. He further stated the County Attorney's Office has discussed the interpretation of agricultural
business and has decided to take the matter to the Board of Appeals. Mr. Sampson stated the Adams
County case is already before the Board of Appeals and the resolution in that case will determine how
other greenhouse properties are dealt with in the future. He further stated the case of Greenleaf
Wholesale Florist, Inc., c/o Kitayama Bros., Inc., was already appealed in 2000, therefore, it does not
qualify for an abatement. Responding to Commissioner Geile, Mr. Sampson stated the Adams County
case did not go to District Court; it went directly to the Board of Assessment Appeals, and then to the
Board of Appeals, which has not yet made a decision. He further stated the value is currently based on
a commercial property, not agricultural. He stated the value of the buildings will not be affected; however,
the pending case does affect personal property. In response to Commissioner Jerke, Mr. Sampson stated
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the personal property on these parcels have already been heard by the Board and denied. He stated staff
is requesting similar action for the real property. Commissioner Geile moved to deny the petition.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #R6411486) -
TAGAWA GREENHOUSES, INC.: Based on the previous discussion, Commissioner Long moved to deny
the petition as recommended by staff. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (SCHEDULE #R6265186) -
TAGAWA GREENHOUSES, INC.: Based on the previous discussion, Commissioner Masden moved to
deny the petition as recommended by staff. Commissioner Geile seconded the motion, which carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-KATHARINE OLIVER: Mr. Sampson
stated following a site inspection staff confirmed this piece of property is a lake within a subdivision and
he recommends approval of the petition. He explained the property will be classified as waste land,which
has a minimal value, and it will likely be removed from the tax roll entirely once it is taken over and
maintained by the Homeowners' Association. Commissioner Geile moved to approve said petition as
recommended by staff. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER ADDENDUM TO MEMORANDUM OF UNDERSTANDING FOR CHILD HEALTH PLAN PLUS
AND AUTHORIZE CHAIR TO SIGN-POLICY STUDIES, INC.: Dr. Mark Wallace, Director of Weld County
Department of Public Health and Environment, stated this addendum reflects an ownership change and
transfer of responsibilities from Child Health Advocates to Policy Studies, Inc. He stated the Weld County
Department of Public Health and Environment will continue as a satellite site to help applicants enroll in
the Child Health Plan Plus Program. Commissioner Masden moved to approve said addendum and
authorize the Chair to sign. The motion was seconded by Commissioner Long,and it carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER #1 FOR FAMILY PLANNING PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Family Planning Program will be renewed with a
term beginning July 1, 2002, and ending June 30, 2003. He stated the program provides contraceptive
services to Weld County residents, with funding in the amount of$128,724. He stated 1,185 clients have
already been served and this appears to be a very successful program. Commissioner Geile moved to
approve said renewal letter and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER#2 FOR TUBERCULOSIS CONTROL AND OUTREACH
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Tuberculosis Control and
Outreach Program will be renewed with a term beginning July 1, 2002, and ending June 30, 2003. He
stated the program provides preventive treatment, chest x-rays and interpretations, other medical
evaluation services, contact investigations, skin test screening, follow-up services, and education. Dr.
Wallace stated for these services, the Department of Public Health and Environment will receive$91,435,
in addition to $12.50 per visit for directly observed therapy. Commissioner Long moved to approve said
renewal letter and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER TASK ORDER CHANGE RENEWAL LETTER #1 FOR TOBACCO EDUCATION,
PREVENTION, AND CESSATION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated
this is the first renewal letter for the Tobacco Education, Prevention, and Cessation Program, funded in
the amount of$224,856 through the Master Settlement Agreement. He stated the Department of Public
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Page 3 BC0016
Health and Environment will continue working toward reducing initiation of tobacco use by youth, reducing
exposure to environmental tobacco smoke, and promoting cessation of tobacco use among youth and
adults. He further stated this program will be renewed with a term beginning July 1, 2002, and ending
June 30, 2003. Commissioner Long moved to approve said renewal letter and authorize the Chair to sign.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER TASK ORDER RENEWAL LETTER #2 FOR COLORADO NURSE HOME VISITOR
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this is the third term of renewal for
the Colorado Nurse Home Visitor Program. He stated the program is funded through the Tobacco
Settlement Agreement, in the amount of $342,758, with a term beginning July 1, 2002, and ending
June 30, 203. He stated the Department of Public Health and Environment will provide support for health,
education,and other resources for new young mothers during pregnancy and the first years of their infants'
lives under program guidelines. Commissioner Long moved to approve said renewal letter and authorize
the Chair to sign. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER TEMPORARY ROAD CLOSURE OF WCR49 BETWEEN WCR 30 AND 1-76: Frank Hempen,
Jr., Director of Public Works, stated for this is the fourth and final phase of improvements for Weld County
Road 49. He stated this portion of road will need to be closed for approximately 12 weeks. In response
to Commissioner Long, Mr. Hempen stated they will use sign boards on 1-76 and Highway 52 to ensure
the traveling public receives advance notice of the closure and proposed detour route. Commissioner
Geile moved to approve said temporary closure. Commissioner Masden seconded the motion, which
carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Mr. Hempen stated the County is required to enforce control of noxious weeds on public or
private properties. Ron Broda, Department of Public Works Vegetation Management Specialist, stated
this is a preliminary request for entry in the event enforcement is needed; however, many property owners
are very cooperative in working to maintain their properties once they receive notice. Responding to
Commissioner Jerke, Mr. Broda stated the Department of Public Works has been working with the
Colorado Department of Transportation (CDOT)to get contractors to do the work along State Highways.
He added all enforcement is done through contractors rather than County staff. Mr. Hempen stated the
County is responsible for enforcing weed management on all State right-of-way within Weld County. Mr.
Broda stated there is an Intergovernmental Agreement with CDOT and this entry request is in compliance
with the established procedure for enforcement. Commissioner Jerke moved to approve said entry.
Commissioner Long seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR ACCESS TO CLERK AND RECORDER DATA BASE AND AUTHORIZE
CHAIR TO SIGN-AMERICAN HOME TITLE AND ESCROW COMPANY: Bruce Barker, County Attorney,
stated this is a standard agreement for access to the Clerk and Recorder Data Base,with a fee of 25 cents
per minute of access time. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH:Commissioner
Long moved to appoint Syl Manlove, and reappoint Charles Baum, Anne White, and Lynn Michaud to the
Board of Public Health. Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES AND AUTHORIZE
CHAIR TO SIGN - MAXIMUS, INC.: Mr. Warden stated under this agreement Maximus will provide an
indirect cost plan based on the data provided by the County. For this service, the County will pay$5,500.
Mr. Warden stated by generating this document, the County will likely recoup $500,000 to $600,000 in
Federal funds,and Maximus will also defend the amounts if there is a dispute. He further stated they have
Minutes, May 22, 2002 2002-1341
Page 4 BC0016
charged the same fee since 1980. Commissioner Masden moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING OLD BUSINESS:
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND ACCEPT FORM OF COLLATERAL FOR
RESUBDIVISION (LOT LINE ADJUSTMENT ONLY) OF SIARRA RUN SUBDIVISION, S#626 - SCOTT
AND DEANNE DAY: Sheri Lockman, Department of Planning Services, stated this item was continued
from Monday's meeting to allow staff additional time to review the collateral amounts. Ms. Lockman
submitted a corrected Exhibit A, and reviewed the new amounts for the record, totalling $67,836.
Commissioner Jerke moved to approve said Improvements Agreement and accept the form of collateral
for Siarra Run Subdivision, S #626, for Scott and Deanne Day. Commissioner Masden seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR LIGHTHOUSE COVE, PHASES 1
AND 2, S#522 AND S #578 - DONALD LAFAVER: Ms. Lockman stated Donald LaFaver has requested
final release of the collateral for S #522, in the amount of $18,091.00, and for S #578, in the amount
of $11,227.50. Don Carroll, Department of Public Works, stated he has visited both sites each week
throughout the development phase, and all transportation items have been completed to his satisfaction.
Commissioner Geile moved to cancel and release the collateral for Lighthouse Cove, Phases 1 and 2,
S #522 and S #578. 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, •SLORADO
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Minutes, May 22, 2002 2002-1341
Page 5 BC0016
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