HomeMy WebLinkAbout20052829.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 21, 2005
TAPE #2005-35
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, September 21, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Geile moved to approve the minutes of the Board of County Commissioners
meeting of September 19, 2005, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES,COMMUNITY CORRECTIONS BOARD-STAN PEEK: Chair Jerke read
the certificate into the record, recognizing Stan Peek for three years of service with the Community
Corrections Board. Upon receiving his award, Stan Peek commended Jan Zuber for her work in the
Community Corrections Department. Chair Jerke expressed his appreciation to Mr. Peek for his service.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-2829
BC0016
O 9
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $232,542.10
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE MOTORGRADER SWAP PROPOSAL: Mr. Warden stated a swap proposal
was received from Colorado Machinery. He stated six motorgraders were purchased in 2002 from
Colorado Machinery, and Public Works has been having problems with the transmissions in three of the
motorgraders. Colorado Machinery has offered to swap out the motorgraders with three new 770D
motorgraders; however, the new machines will be fitted with the tires, teeth, and edges of the previous
machines. Mr. Warden stated he recommended approval of the proposal, as the company is working to
rectify the situation. Commissioner Geile moved to approve said swap proposal. Seconded by
Commissioner Long, the motion carried unanimously.
OLD BUSINESS:
CONSIDER RESOLUTION RE: DECLARING INTENT TO CREATE SOUTHWESTERN WELD COUNTY
LAW ENFORCEMENT AUTHORITY(CONT. FROM 8/29/05): Lee Morrison,Assistant County Attorney,
stated final action on the resolution has been delayed to ensure compliance regarding the limit of time
mentioned in State statute regarding special elections. He stated the ballot question with respect to the
TABOR issues was authorized on August 29, 2005. He further stated the action today will authorize the
election for a seed parcel for the Law Enforcement Authority. Mr. Morrison stated there are only two eligible
electors,and an elector may be qualified by residency or ownership. He stated the election will be held by
mail ballot, since the actual place of residence of the electors is in the City of Longmont. He further stated,
after the election the rest of the Adler Development property may be taken into the Law Enforcement
Authority, and additional developments, as they occur, may seek to join. Mr. Morrison stated any future
developments may petition and join the Law Enforcement Authority with 100 percent of residents in favor;
however,the development may petition and hold an election if 100 percent of residents are not in favor. He
further stated existing developments with an interest in joining the District may elect to join in,and the main
purpose of the Law Enforcement Authority is to generate income to allow enhanced law enforcement
operations.
Mr. Morrison stated the Board will contract services with the Sheriffs Office as revenues are generated,to
provide enhanced services,similar to the contracts performing duties beyond basic service existing through
the Sheriffs Office with municipalities within Weld County. Responding to ChairJerke, Mr. Morrison stated
four other Law Enforcement Authorities have been formed; however only one currently exists, Beebe Draw,
since the others were put out of existence because they were not financially feasible at the time. Beebe
Draw generates sufficient revenues,and the demand for service has grown as the development has grown.
Responding to Commissioner Masden, Mr. Morrison stated other developments seeking to join must be
within the proposed boundaries of Exhibit A, or from the area of Johnstown/State Highway 60, stretching
south to the County boundary, and from Weld County Road 1 stretching east to U.S. Highway 85. Mr.
Morrison further reiterated that the boundaries do not include municipalities; however, municipalities may
participate by contract.
Linda Sweetman-King,Adler Farms representative,stated the applicant was requested to help solve the
law enforcement issues in the area, and proposed a law enforcement authority to be developed.
Ms. Sweetman-King stated she hired Chris Fellows, a specialist in Districts, and the applicant has been
working very closely to come up with a conceptual concept. She further stated the Law Enforcement
Minutes, September 21, 2005 2005-2829
Page 2 BC0016
Authority enhances the proposed development, and provides a way for other developments to join,
essentially enabling all new developments to be brought into one entity instead of creating multiple districts.
Responding to Commissioner Geile, Ms. Sweetman-King stated a requirement regarding the plat states
the entire parcel be brought into the district, and a mill levy assessment will be placed. Chair Jerke stated
the Law Enforcement Authority District is an important tool for residents to receive enhanced law
enforcement services,and enhances an owner's property rights. Commissioner Masden moved to approve
said resolution. Seconded by Commissioner Geile, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START BASIC TRAINING AND
TECHNICAL ASSISTANCE GRANTANDAUTHORIZE CHAIR TO SIGN: Janet Flaugher, Department of
Human Services stated the grant will fund the Regional Head Start Program for the year 2006, and is a
continuation grant in the third year of the grant cycle. She stated the application was submitted and
approved by the Policy Council. Responding to Chair Jerke, Ms. Flaugher stated the Head Start program
provides bilingual services for children,and children are initially helped through their native language,and
then immersed in learning English. She further stated the program staff works to have all children in the
program literate and successful in the English language by the time the children enter kindergarten. Ms.
Flaugherstated testing is administered to the children upon enrollment in the program,and follow-up testing
is done at the end of each year to measure growth,which has been significant in a majority of the children.
She further stated services are offered to the families of the children,so that the family members may learn
English and help the child master English skills at home. Responding to Commissioner Geile,Ms. Flaugher
stated 566 children are enrolled in the Head Start program, and 105 children are enrolled in the Colorado
Preschool program in Fort Lupton, with an additional 51 children enrolled in Gilcrest. In response to
Commissioner Masden, Ms. Flaugher stated children cannot be held back from kindergarten once they
reach the appropriate age; however, Head Start staff works closely with the various school districts to pass
along information about the skills of the children as they enter kindergarten. Ms. Flaugher stated an
Individual Development Plan (IDP) is created for each child, with progress being charted throughout the
school year, and an Individual Education Plan (IEP) is created for each special needs child. She further
stated the law provides that children with special needs may begin with the Colorado Preschool program
at an early age. Commissioner Geile expressed his appreciation to Ms. Flaugher for her dedicated service,
and moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERALASSISTANCE FOR BASIC MIGRANTAND SEASONAL HEAD
START TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Ms.
Flaugherstated the grant will fund the Migrant and Seasonal Head start program. She stated this is the first
year of the grant request for a three-year cycle,therefore the application is more comprehensive than the
continuation grant application. She stated the application was approved by the Policy Council, and the
Migrant and Seasonal Head Start program provides services for 266 children and their families.
Responding to ChairJerke, Ms. Flaugherstated the Migrant and Seasonal children learn very rapidly and
grasp new content and skills quickly,which enables them to test very comparatively to children in the Head
Start program. Further responding to Chair Jerke, Ms. Flaugherstated children in the program are able to
transfer to other programs throughout the country as the family moves, and they continue to build
knowledge. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE: Bruce Barker, County Attorney, stated no concerns were
expressed from the Sheriffs Office in response to the referrals regarding this renewal; however, the
Department of Public Health and Environment stated a well was recently installed too close to the septic
system. He stated the Department of Public Health and Environment has mandated that the facility use
Minutes, September 21, 2005 2005-2829
Page 3 BC0016
bagged ice and provide bottled water for patrons, as well as post signs at all faucets that the water is not
to be consumed. He further stated several inspections have been completed, and the owner has been in
full compliance at all times;therefore,staff recommended approval. Responding to ChairJerke, Mr. Barker
stated there has been no recent law enforcement action at the establishment. Commissioner Geile moved
to approve said renewal and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER LETTER AGREEMENT FOR LEGAL SERVICES ON A CONTINGENT FEE BASIS AND
AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY, INC.: Mr. Morrison stated the letter agreement will
authorize Attorney George Barton to represent the Board of County Commissioners in the commenced
action regarding underpayment of royalties for natural gas production by Noble Energy, Inc. He stated the
agreement states that the only costs incurred will be out-of-pocket expenses, excluding Attorney's fees.
Mr. Morrison further stated the Legislature has placed limits on contingent fee arrangements, and an
alternative hourly rate and other safeguards must be a part of the arrangement, so that a Governmental
agency does not pay exorbitant amounts for the work performed by the Attorney. He stated the Attorney
must track his hours, and provide an alternative measurement, therefore the Board would pay the lesser
of a 33.3 percent contingency fee, or the hourly rate. Mr. Morrison stated the alternative has not been
provided in the letter agreement;however,the Board may grant approval contingent on Mr. Barton supplying
the provisions of C.R.S. 13-17-304 in a future addendum. Responding to ChairJerke, Mr. Morrison stated
Mr. Barton would have to draft the addendum, and then agree to abide to the terms. Mr. Morrison further
stated the amount of time attributable to the County will be fairly small in comparison with the size of the
entire number of groups being represented. Chair Jerke stated he is favor of granting approval contingent
on receiving an addendum from Mr. Barton. He further stated this is an opportunity for Weld County to
receive what is legally owed in legitimate costs, and is not an indictment on the oil and gas industry.
Commissioner Masden moved to approve said letter agreement on a contingency basis,with an addendum
to be included, and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER AMENDMENT TO PROGRAM FOR CONTINUATION OF HEALTH INSURANCE FOR
FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL NOW DRAWING BENEFITS FROM
THE WELD COUNTY RETIREMENT PLAN: Mr. Warden stated the Board of County Commissioners
started the Retirement Plan program in December of 1998, and the plan was amended in December of
2002 to provide for continuation of health insurance. He stated the GASB 45 Board, beginning January 1,
2007,will require that any post-retirement benefit offered to employees of public or non-profit agencies state
the actuarial financial liability. He stated the amount of liability is approximately$15 million,even though it
has previously been done as a "pay-as-you-go" system. Mr. Warden stated the County would need to
contribute an additional$492,000.00, based upon the actuarial study recently completed. He stated that
upon early retirement, an employee must have been employed with Weld County for at least 20 years,and
be under 62 years of age. He further stated employees hired on or after October 1, 2005 will no longer be
eligible for participation in this benefit until October 2025. Mr.Warden recommended freezing the program
for current employees to retain the benefit,and stop the growing of the actuarial financial liability;however,
it will leave the option fora future Board to implement the benefit on a year-by-year basis after the year2025.
He stated by resolution,the program may be amended or stopped at anytime for any reason,by the Board
of County Commissioners. Responding to ChairJerke, Mr.Warden stated the amendment made in 2002
was intended to encourage employees to work for a longer period of time, and not retire early. He further
stated that studies suggest that employees will be healthier, and will continue working later in life in 20 or
30 years. Commissioner Geile moved to approve said amendment. The motion,which was seconded by
Commissioner Long, carried unanimously.
Minutes, September 21, 2005 2005-2829
Page 4 BC0016
PLANNING:
CONSIDER PARTIAL VACATION OF USE BYSPECIAL REVIEW PERMIT#13-KENNETH AND CHRISTI
NEUENS/ALEX AND KELLY KURZ:Chris Gathman, Department of Planning Services,stated the partial
vacation request is a requirement of Recorded Exemption #4151, which created Lot B of Recorded
Exemption#2447. Mr. Gathman stated the property is 1/4 mile east of Weld County Road 1, and 1/2 mile
south of Weld County Road 16.5. He stated the permit was originally approved on August 25, 1975 for a
veterinary practice in agricultural zone. Mr. Gathman stated the boundaries will be changed to follow the
boundaries of Lot A, to reflect the ownership through the Recorded Exemption. He stated Planning staff
recommended a revised plat be submitted upon approval, pursuant to Section 23-2-200.G.5 of the Weld
County Code. Commissioner Masden moved to approve said partial vacation. The motion, which was
seconded by Commissioner Geile, 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 9:50 a.m.
onsta,` BOARD OF COUNTY COMMISSIONERS
,I } . ! ♦ WELD COUNTY, COLORADO
ATTEST: ge a `6 00.1.EXCUSED DATE OF APPROVAL
�I I� _ �{ illiam rke, Chair
Weld County Clerk to the Boar. • SI /
1St r `/`l=�%.
/� */ C y M. . c -ile, Pro-Tem
\
BY: 1 i rail t i ♦` �
D uty Cle k to the Boa VOC
Day' E. Lon
Robert D. Masden
EXCUSED
Glenn Vaad
Minutes, September 21, 2005 2005-2829
Page 5 BC0016
Hello