HomeMy WebLinkAbout20053081.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 17, 2005
TAPE #2005-37
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, October 17, 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 October 12, 2005, as printed. Commissioner Geile seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Masden moved to approve the Certification of Hearings
conducted on October 11, 2005, as follows: 1) Violation Hearings. Commissioner Geile seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Jerke moved Item of Business#6, regarding Fee Revisions, to be
heard in conjunction with Ordinance#2005-10;and added Item#10,Consider Resolution Concerning the
Issuance of Adjustable Rate Economic Development Revenue Bonds(BSC Hudson, LLC Project)Series
2005
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds
$605,856.98
Electronic Transfers -All Funds $1,901.34
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER CHANGEORDER NO. 1 FOR THE CONSTRUCTIONOF WELD COUNTY BRIDGE 27/58A
OVER SHEEP DRAW AND AUTHORIZE CHAIR TO SIGN-HAMON, INC.: Frank Hempen, Jr., Director
of Public Works, stated the contract price will be increased by$17,440.000,to construct a sidewalk under
Bridge 27/58A. He stated the construction of the sidewalk will facilitate the City of Greeley's future plans
for the Sheep Draw Trail,and the total cost of the additional work will be reimbursed by the City of Greeley.
He further stated the final contract amount will be increased to$955,431.51. Responding to Chair Jerke,
Mr. Hempen stated the County is the only property owner affected by the construction of the sidewalk.
Responding to Commissioner Vaad, Mr. Hempen stated Bridge 27/58A is located on 83rd Avenue.
Commissioner Masden stated he has inspected the bridge, and commended Public Works staff for their
work on the project. Commissioner Masden moved to approve said change order and authorize the Chair
to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDERAPPOINTMENTTO WORKFORCE DEVELOPMENTBOARD: Commissioner Geile moved
to appoint Larry Burkhardt to the Workforce Development Board,with a term to expire December 31,2007.
The motion, which was seconded by Commissioner Long, carried unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE FORT LUPTON FIRE PROTECTION
DISTRICT OF THE 2003 INTERNATIONAL FIRE CODE,WITH AMENDMENTS,WITHIN THE DISTRICTS
UNINCORPORATED PORTIONS OF WELD COUNTY: Bruce Barker, County Attorney, stated the Fort
Lupton Fire Protection District is requesting Consent to the Enforcement of the 2003 International Fire Code,
with some amendments. He stated the amendments are included in the City of Fort Lupton's approval of
the Ordinance for Enforcement within the City limits. He stated a majority of the proposed amendments
are similar to the amendments drafted by other Fire Protection Districts in the area. Mr. Barker stated
notices for the Fire Protection District meeting for code adoption and the City of Fort Lupton meeting were
provided. John Dent, Attorney for the Fire Protection District, and Larry Richardson, Fire Marshall,were
in attendance to request acceptance. Commissioner Geile moved to approve said consent. The motion,
which was seconded by Commissioner Vaad,carried unanimously. Responding to Commissioner Masden,
Mr. Dent stated cryogenics is a lucrative business, and the District is hoping to bring in business regarding
cryogenics.
CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCYORDINANCE
NO.231-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2005: Mr.Warden
stated pursuant to Section 29-1-111.5,C.R.S,supplemental appropriations must be published at least once
before being considered by the Board. He stated the supplemental appropriation will be published on
October 26, 2005, and brought before the Board for consideration on November 2, 2005. Responding to
Chair Jerke, Mr. Warden stated to be treated as an Emergency Ordinance, it must have been unforseen
during the budget process. Commissioner Geile moved to direct the Clerk to the Board to have published
said supplemental appropriation. The motion, which was seconded by Commissioner Long, carried
unanimously.
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CONSIDER AMENDED HIPAA BUSINESS ASSOCIATES STANDARD AGREEMENT: Mr.Warden stated
a new provision is in effect regarding security and privacy of information, and anyone who deals with
HIPPAA information of employees,will be required to sign a Business Associates Agreement. He stated
additional amendments will be forthcoming, to bring the County into full compliance with the HIPAA
regulations. Commissioner Geile moved to approve said amended agreement. The motion, which was
seconded by Commissioner Vaad, carried unanimously.
FINAL READING OF ORDINANCE#2005-9, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Vaad
moved to read by title only. The motion,which was seconded by Commissioner Geile,carried unanimously.
Mr. Barker read said title into the record and stated Ordinance#2005-9 regards Stormwater Discharge
Regulations and Construction Site Fees for properties disturbing one acre or more during the course of
construction. He stated Weld County will follow the same regulations as the State Permit, and no
comments have been received regarding this Ordinance. He further stated Article IX, regarding Illegal
Discharges, is similar to the Ordinances adopted by the Cities of Evans and Greeley. Commissioner Vaad
moved to approve said Ordinance on final reading. The motion, which was seconded by Commissioner
Masden, carried unanimously.
FINAL READING OF ORDINANCE#2005-10,IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUNTY CODE: Commissioner
Vaad moved to read by title only. The motion, which was seconded by Commissioner Long, carried
unanimously. Mr. Barker read said title into the record. Trevor Jiricek, Department of Public Health and
Environment, stated the proposed Ordinance regards the cleanup procedure of methamphetamine labs.
He stated the Ordinance will apply Countywide;however,it will not be in effect within the boundaries of the
City of Greeley. Commissioner Vaad moved to approve said Ordinance on final reading. The motion,
which was seconded by Commissioner Long, carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY
DEPARTMENTOF PUBLIC HEALTH AND ENVIRONMENT:Mr.Jiricek stated the Department of Public
Health and Environment has proposed four separate fees to coincide with Ordinance#2005-10. He stated
the proposed fees include: 1)Lab Assessment Fee, $75.00;2)Lab Decontamination Fee,$200.00;3)Lab
Hourly Rate,$35.00 per hour;and 4)Lab Post-Decontamination Sampling and Analysis, billed at the market
rate plus staff time. In response to Commissioner Vaad, Mr. Jiricek stated the fees are based upon cost
recovery of staff time, and the fees are similar to other laboratory fees. Further responding to
Commissioner Vaad,Mr.Jiricek stated post-decontamination sampling may be done to verify information
listed on the report. In response to Commissioner Geile, Mr. Jiricek stated the City of Greeley is the only
municipality in Weld County that has expressed interest in participating in the cleanup program. He further
stated the City of Greeley would like the Department to oversee the cleanup;however,the Department will
not assess or recover a fee. Responding to Chair Jerke, Mr. Jiricek stated the fees are county-wide.
Commissioner Geile moved to approve said revisions. Seconded by Commissioner Long, the motion
carried unanimously.
FINAL READING OF ORDINANCE#2005-12, IN THE MATTER OF REPEALING AND REENACTING,WITH
AMENDMENTS,CHAPTER5 REVENUEAND FINANCE,AND CHAPTER 6 LAW ENFORCEMENT,OF
THE WELD COUNTY CODE: Commissioner Vaad moved to read by title only. The motion, which was
seconded by Commissioner Geile, carried unanimously. Mr. Barker read said title into the record, and
stated the proposed changes for Chapter 5 Revenue and Finance are in regard to the Purchasing Card
(P-Card)program. He further stated proposed changes for Chapter 6 Law Enforcement are minor changes
to the Model Traffic Code. He stated the grace period of five working days after a hearing is missed will be
deleted. He stated a fine reduction of$5.00 will be implemented for offenders who were wearing a seatbelt
at the time of an infraction. He further stated a typo regarding speeding will be corrected, and changes will
Minutes, October 17, 2005 2005-3081
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be made to the penalties since the State fee has increased. Commissioner Geile moved to approve said
ordinance on final reading. The motion,which was seconded by Commissioner Vaad,carried unanimously.
CONSIDER RESOLUTION CONCERNING THE ISSUANCE OF ADJUSTABLE RATE ECONOMIC
DEVELOPMENT REVENUE BONDS(BSC HUDSON, LLC PROJECT)SERIES 2005: Mr.Warden stated
a TEFRA hearing to discuss the Issuance of an Industrial Revenue Bond for Boston Scientific is set for
Wednesday,October 19,2005. He further stated the inducement resolution does not have to be considered
concurrently with the hearing,and it is requested that the inducement resolution be considered at this time.
Mr.Warden stated the State of Colorado cannot proceed until they receive a signed copy of the resolution,
so he proposed considering the resolution, and complete the hearing on October 19, 2005. Mr. Barker
stated notice was properly sent for the TEFRA Hearing, and there are no notification issues if the Board
considers the Resolution today. Mr.Warden stated the actual issuance is by Ordinance,so a future hearing
will be scheduled for the Ordinance. John Self,representative from Wells Fargo,stated he has worked with
Boston Scientific to structure the tax-emempt issuance. He stated Wells Fargo will provide a Letter of
Credit on the transaction,which will enable rental of a AAA/AArate. He stated Wells Fargo will be able to
issue variable rate demand obligation bonds into the marketplace,so that Boston Scientific may reduce its
cost of borrowing significantly. He further stated the cash flow and future development will be enhanced,
making Boston Scientific a more viable company. Mr.Self stated the County gave the allocation to the State
as of September 15th,and the State must receive an inducement to return the allocation to the County. Mr.
Warden stated the building will be 48,000 square feet in size, and will be located adjacent to the 1-76
Frontage Road in Hudson. Responding to Commissioner Masden, Mr. Self stated the purchase of the
Colorado Railroad facility has been completed as of September 30,2005. Commissioner Vaad moved to
approve said resolution. Seconded by Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinances #2005-9, #2005-10, and #2005-12 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 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
40001~il% WELD COUNTY, COLORADO
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ATTEST: {UM/ `�� +tip �
,>' �% illiam H. Je , Chair
Weld County Clerk to the Boar. 3��':�.'
,• ! ft • . •-•..‘ M. eile, Pro- em
BY: 41 %4 \ �I
DeJ ty Cle to the Board /
D 'dE. L g
Ro ert D. as en
Glenn Vaad
Minutes, October 17, 2005 2005-3081
Page 4 BC0016
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