HomeMy WebLinkAbout20053718.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 28, 2005
TAPE #2005-50
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 28, 2005, 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 William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of December 21, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinance #231-B by tape.
Commissioner Vaad seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on December 21, 2005, as follows: 1) Loveland Ready Mix Concrete, Inc., dba Johnstown
Ready Mix, c/o Banks and Gesso, LLC; 2) Waste Management Disposal Services of Colorado, Inc., c/o
Chip Wertz; and 3) Gold Stone Center, LLC, c/o THinc., Attn: Thomas Honn. Commissioner Geile
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 Long moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
2005-3718
BC0016
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PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT- JAMES
KRAUSE: Chair Jerke read the certificate into the record, recognizing James Krause for30 years of service
with the Department of Public Health and Environment. Dr. Mark Wallace, Director of Public Health and
Environment, stated Mr. Krause has worked as a Chemist with the Department, and has provided high
quality work. He further stated Mr. Krause has set a high standard in other laboratories around the state.
Dr. Wallace presented Mr. Krause with a plaque of recognition from the Department, and expressed his
appreciation to Mr. Krause for his service. Mr. Krause thanked the citizens of Weld County,and stated he
has enjoyed working in the Department over half of his lifetime. ChairJerke and Commissioner Vaad stated
their appreciation to Mr. Krause for his service,and his dedication in training a replacement. Commissioner
Geile stated he appreciated the help Mr. Krause provided during the West Nile outbreak several years ago.
Commissioner Geile further stated because of Mr. Krause, Weld County's Lab sets a standard of
sophistication.
COMMISSIONER COORDINATOR REPORTS:Commissioner Geile stated his appreciation to ChairJerke
for his service as the 2005 Chairman. ChairJerke stated he has enjoyed his role as the Chairman for2005.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $391,662.57
Electronic Transfers -All Funds $2,803,056.40
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT BIDS: Pat Persichino, Director of General Services, stated there were no bids to present.
APPROVE ELEVATOR MAINTENANCE BID - BUILDINGS AND GROUNDS DEPARTMENT:
Mr. Persichino recommended acceptance of the low bid from Kone, Inc., in the amount of$17,640.00, to
provide maintenance for the 14 elevators throughout County buildings. Commissioner Geile moved to
approve said bid, based upon staffs recommendations. Seconded by Commissioner Vaad, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR DECREASING DIABETES DISPARITIES IN WELD COUNTY GRANT
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated funding for the grant has been made available
through the Colorado Department of Public Health and Environment,through Tobacco Tax funds. He stated
the State will fund programs that will decrease health-outcome disparities,and one of the biggest areas of
disparities in Weld County relates to Diabetes. Dr. Wallace stated the goal of the program is to provide
self-care education, bringing presentations into homes in a culturally competent way, similar to cancer
screening programs provided for women. He stated the Department will actively take advantage of the
information available in the electronic health records system to improve outcomes by connecting people
with the type of care needed. He stated the application covers a two-year period of time, and funds in the
amount of$222,611.00,are requested. He further stated staff will work with the Colorado State University
Extension Service and other agencies to provide education services for patients and providers.
Commissioner Vaad moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Geile, the motion carried unanimously.
Minutes, December 28, 2005 2005-3718
Page 2 BC0016
CONSIDER LETTER OF AGREEMENT FOR COUNTY EMPLOYEE VOLUNTEERS AND AUTHORIZE
CHAIR TO SIGN: Dr.Wallace stated the Department is requesting support for emergency preparedness
activities, and employees who work in non-critical areas would be reassigned during an emergency to
provide emergency assistance with the Department. In response to Commissioner Geile, Dr. Wallace
stated the Department was encouraged by the State and the Office of Emergency Management to provide
a Letter of Agreement. He further stated staff did not consider a letter to be necessary in the past;however,
this letter was drafted as a part of the State plan. Dr.Wallace stated a concern exists statewide because
of a disparity in the size of Health Departments, since some Departments would not be able to provide
enough staff without reassigning employees and volunteers. He stated the Letter of Agreement is presented
because of the request by the State; however, it is at the Board's discretion. Responding to Mr. Warden,
Dr. Wallace stated the Letter of Agreement would be signed by the Board, which would direct the
reassignment of employees in the event of an emergency. Chair Jerke stated he believed a Letter of
Agreement that employees sign, stating they agree with the reassignment, would be more beneficial. In
response to Chair Jerke, Dr.Wallace stated the State encouraged an agreement signed by the Board so
that negotiations do not take place at the time an emergency is declared. He clarified that the State is
requesting the Board give the authority to allow the reassignment of employees. Dr.Wallace further stated
it has been his opinion that when an emergency situation is activated,the Board authority would allow the
reassignment of employees; however, there have been difficulties in past situations. Mr.Warden stated
it may be more appropriate to make the Letter of Agreement part of the Personnel Policy. Commissioner
Vaad stated he discussed the Letter of Agreement with Dr.Wallace, and he is in support of the Resolution
approving the Letter of Agreement. He stated the Board will go on record stating support, and if an
emergency arises, a process needs to be set to be able to bring in other employees on a voluntary basis.
He further stated some employees will decline to serve,like situations following Hurricane Katrina; however,
a policy of recognition from the Board is needed. Dr.Wallace stated a difficult situation would result if the
Governor requests access to the Strategic National Stockpile,and the sites of distribution would require help
being immediately available,which exceeds the County's current capacity. He stated the County has very
little time to respond in the event of an emergency, and other employees in non-critical work areas would
need to be utilized to distribute the National Stockpile. Responding to Chair Jerke, Dr. Wallace stated a
work session may be scheduled to discuss the matter further. Commissioner Geile stated he is not sure
that an employee should be allowed to decline an assignment in the event of an emergency,and he would
like more discussion on the matter. Commissioner Vaad moved to continue the matter to February 1,2006,
at 9:00 a.m. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER CONTRACT FOR UPGRADING HIGHWAY/RAILROAD GRADE CROSSING WARNING
DEVICES UNDER FEDERAL SECTION 130 PROGRAM,ON WCR 54, BETWEEN WCRS 15 AND 15.5,
AND AUTHORIZE CHAIR TO SIGN: Frank Hempen, Jr., Director of Public Works, stated the contract is
a three-party agreement with the State of Colorado and Great Western Railroad, to place signals and
crossarms at the railroad crossing located on Weld County Road 54, east of Weld County Road 15. He
stated two crossings are located in the immediate area,and a contract will follow at a later date for the other
crossing. Mr Hempen stated the grant was previously approved; however, funding was held because of
issues at the Federal level regarding enactment of a new Federal Transportation Act. He stated the cost
of the crossing is$175,257.32,and the County is not required to make a direct fiscal contribution;however,
the County is responsible for the placement of temporary signing during the work, and the permanent
striping on the pavement as necessary. He further stated the work will not require the closure of the road,
and traffic will be able to continue along Weld County Road 54. He stated the traffic count on Weld County
Road 54 has increased to over 4,200 vehicles per day, therefore placement of crossing signals is
necessary. In response to Commissioner Vaad, Mr. Hempen stated the speed limit in the area has been
reduced due to sudden grade changes that relate to the railroad crossings. He further stated Weld County
Road 54 is located on a vertical curve, and the close proximity of the two crossings make it extremely
expensive to make changes to the road alignment. Mr. Hempen stated he does not believe the speed limit
reduction should be lifted since the road is rough at the crossings. In response to Commissioner Vaad,Mr.
Minutes, December 28, 2005 2005-3718
Page 3 BC0016
Hempen stated the Department will formalize a review of the intersection regarding smoothing the vertical
curves, and report back to the Board. Commissioner Vaad clarified Weld County Road 54 is the road that
runs from Johnson's Corner to 37th Street, and the speed limit drops to 30 miles per hour near the
crossing. In response to ChairJerke,Mr. Hempen stated a vertical curve is a hill and valley in the roadway.
Commissioner Geile moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Vaad, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WCR6 AND AUTHORIZE CHAIR TO SIGN-DOUTHITHUDSON, LLC: Peter Schei, Department of Public
Works, stated the Nonexclusive License Agreement is required through Recorded Exemption#4233. He
stated the property will be accessed by Weld County Road 6, west of Weld County Road 53. He further
stated a Nonexclusive License Agreement is already in place,the applicant is requesting to be included in
conjunction with the existing agreement, and 60 feet of right-of-way is available along the section line. In
response to ChairJerke, Mr.Schei stated a Nonexclusive License Agreement was also required through
Recorded Exemption#4232. In response to Commissioner Long,Mr. Hempen stated it is typical to overlap
an existing Nonexclusive License Agreement, and extend further to the west. Mr. Hempen further stated
notification was sent to the surrounding property owners along the section line,and no negative comments
were received. Mr. Schei stated Recorded Exemption#4206 will also utilize Weld County Road 6 through
a Nonexclusive License Agreement to access Lot B. Commissioner Long moved to approve said
Nonexclusive License Agreement and authorize the Chair to sign. Seconded by Commissioner Masden,
the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADEAND MAINTENANCEOF
WCR 57 AND AUTHORIZE CHAIRTO SIGN-JERRYAND PATRICIA FEATHER: Mr. Schei stated the
agreement is required through Recorded Exemption#4270,and the property will be accessed from Weld
County 57, north of Weld County Road 20. He stated there are multiple other Nonexclusive License
Agreements with other property owners in the area. In response to Chair Jerke, Mr. Schei stated no
negative comments were received from surrounding property owners. No public testimony was offered
regarding the matter. ChairJerke stated Mr.Jervis was the original property owner who had problems with
Weld County Road 57 and surrounding neighbors that accessed the road up to his property. Commissioner
Geile moved to approve said Nonexclusive License Agreement and authorize the Chair to sign. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-RAFFERTY'S,INC., DBA RAFFERTY'S: Bruce Barker,County Attorney,stated no concerns were
received regarding the application, and approval is recommended. Commissioner Masden moved to
approve said renewal and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDU CT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN-THE FORT 21, LTD, DBATHE FORT 21: Mr. Barker stated the Dance Hall
License is a standard license and is issued for the calendar year 2006. He stated no negative comments
were received from the Sheriffs Office, and approval is recommended. Commissioner Long moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Geile, the motion
carried unanimously.
Minutes, December 28, 2005 2005-3718
Page 4 BC0016
CONSIDER AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL AND
AUTHORIZE CHAIR TO SIGN-LOWELL THREE, LLC, LOWELL FOUR, LLC, DAVID LOWELL BUNN,
AND MARILYN BUNN,AKA MARTHA MARILYN BUNN: Mr. Barker stated the agreement is for the last
portion of the Poudre River Trail. He stated four property owners are involved; however, it is one piece of
property. Commissioner Vaad stated an added advantage to the donation is that the trail will be kept off of
F Street, and will reconnect to the path at the bridge under 59th Avenue. Commissioner Geile moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER REAPPOINTMENTS TO UNIFORM BUILDING CODE BOARD OF APPEALS: Commissioner
Vaad moved to reappoint James Fassler and Larry Jorgensen to the Uniform Building Code Board of
Appeals,with terms to expire December 31, 2008. Seconded by Commissioner Geile,the motion carried
unanimously.
CONSIDER REAPPOINTMENT TO WELD/LARIMER REVOLVING LOAN FUND COMMITTEE:
Commissioner Vaad moved to reappoint William Hedburg to the Weld/La rimer Revolving Loan Fund
Committee,with a term to expire December 31,2008. The motion,which was seconded by Commissioner
Long, carried unanimously.
CONSIDER REAPPOINTMENT TO ECONOMIC DEVELOPMENT ACTION PARTNERSHIP BOARD:
Commissioner Long moved to reappoint Bradley Leafgren to the Economic Development Action Partnership
Board,with a term to expire December 31, 2008. Seconded by Commissioner Vaad, the motion carried
unanimously.
CONSIDER REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Geile
moved to reappoint Joanne Fenton, Linda Conte,Sarah Elliott, Dana Rutz,Joyce Johnson,Alvina Derrera,
and Georganne Hughes to the Workforce Development Board,with terms to expire December 31, 2008.
Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER CANCELLATION OF 2005 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr.Warden stated the Resolution
provides for the year-end writeoff of the Accounts Receivable for the Department of Public Health and
Environment, in the amount of $20,627.75 for the year 2005. He stated detailed account listings are
provided, and all have been deemed uncollectible by the Accounting Department. In response to Chair
Jerke, Mr. Warden stated the names are not listed because of HIPAA regulations. Commissioner Geile
moved to approve said cancellation. Seconded by Commissioner Vaad,the motion carried unanimously.
CONSIDER CANCELLATION OF 2005 OUTSTANDING ACCOUNTS RECEIVABLE FOR WELD COUNTY
PARAMEDIC SERVICES: Mr. Warden stated the 2005 amount to be written off for the Weld County
Paramedic Services is$2,119,783.42. Mr.Warden stated the accounts have been sent to collection,and
have not been forgiven,therefore funds will still be received. He further stated the amount does not include
the allowance for Medicaid and Medicare, as they are non-collectible. In response to Chair Jerke, Mr.
Warden stated the names should not be listed with the account numbers, per HIPAA regulations.
Commissioner Vaad moved to approve said cancellation. The motion was seconded by Commissioner
Masden. In response to Chair Jerke, Mr.Warden stated all accounts have been turned over to collections
on a monthly basis. Chair Jerke stated he is not in favor of the Resolution. In response to Commissioner
Vaad, Mr. Warden stated the County is required to place an allowance in the Budget for non-collectible
accounts. Mr.Warden further stated the County is not forgiving the debt,the write-off of the amount clears
the General Ledger. Upon request for a roll call vote, the motion carried four to one, with Chair Jerke in
opposition.
Minutes, December 28, 2005 2005-3718
Page 5 BC0016
CONSIDER EMERGENCY ORDINANCE NO. 231-B, IN THE MATTER OF A SUPPLEMENTAL
APPROPRIATION FOR THE YEAR 2005: Mr. Warden stated the Ordinance has been read by tape,
and provided a summary of each modification for the General Fund, Public Works, Health, Human Services,
Capital, and Motor Pool, and Health Insurance. He stated the Ordinance was published December 21,
2005. No public testimony was offered. Commissioner Geile moved to approve Emergency Ordinance No.
231-B. Seconded by Commissioner Masden, the motion carried unanimously.
FINAL READING OF ORDINANCE#2005-14,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read by title only. Seconded by Commissioner Masden, the motion carried unanimously.
Mr. Barker read said title into the record. Sue Elton, Department of Personnel,stated minor changes have
been made to Section 3-10-90, regarding pay steps. Mr.Warden read the exact changes into the record.
In response to ChairJerke, Ms. Elton stated the changes were made because Section 3-10-90 seemed to
conflict with Section 3-10-120,which is the policy which allows employees with experience to be hired at
a Step 2 level. In response to ChairJerke,Mr.Warden reviewed the specific changes which were approved
in previous readings. No public testimony was offered. Commissioner Vaad moved to approve
Ordinance #2005-14 on final reading. Seconded by Commissioner Masden, the motion carried
unanimously.
PLANNING:
CONSIDER EXTENSION CERTIFICATE FOR BOND#GP97-0504-OB FOR IMPROVEMENTS(PUBLICLY
MAINTAINED ROADS)AND MAINTENANCE AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT#966
-WASTE MANAGEMENTOF COLORADO,DBA BUFFALO RIDGE LANDFILL: Mr. Hempen stated the
Buffalo Ridge Landfill project was approved in 1992, one of the Conditions of the Use by Special Review
Permit was that paving work be completed on Weld County Roads 18 and 59, and the applicant was
required to enter into a long-term agreement to provide for future paving on the roads. He stated each year
the Board has approved a continuation of a Bond that Waste Management of Colorado has provided to
guarantee those improvements. He further stated the current renewal is required to ensure appropriate
paving. Commissioner Masden moved to approve said extension certificate and maintenance agreement.
Seconded by Commissioner Long, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#231-B was approved on an emergency basis and Ordinance#2005-14 was
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.
Minutes, December 28, 2005 2005-3718
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:05 a.m.
` ., BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: { � /v/z.
‘O74.S1 William H. Jerk Chair
Weld County Clerk to the Boa � f,
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Glenn Vaad
Minutes, December 28, 2005 2005-3718
Page 7 BC0016
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