HomeMy WebLinkAbout20041555.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 2, 2004
TAPE #2004-25
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, June 2, 2004, 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 Robert D. Masden, Chair- EXCUSED
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of May 26,2004,as printed. Commissioner Geile seconded the motion,and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on May 26, 2004, as follows: 1) USR#1463, Darlene Blaney; and 2) USR#1031, Green Mill
Sportsmans Club. Commissioner Long 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 Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
NATIONAL HUNGER AWARENESS DAY-JUNE 3,2004: Chair Pro-Tem Jerke read the proclamation into
the record, recognizing National Hunger Awareness Day on June 3, 2004. Leona Martens, Weld Food
Bank,was present to receive the certificate,and to invite the Board to a pancake breakfast on June 3,2004.
Commissioner Geile stated he has been involved with the Food Bank through the construction of its
warehouse, and he is increasingly aware of the number of clients who are receiving service from this
source. He complemented Ms. Martens on the tremendous job she did, along with other members of the
Advisory Board, to complete the project.
2004-1555
BC0016
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $841,093.26
Electronic Transfers -All Funds $1,094,474.06
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT GRADER BLADES BID- DEPARTMENT OF PUBLIC WORKS: Mr. Warden read the names
of seven vendors who submitted bids into the record. Said bid will be considered for approval on June 16,
2004. Responding to Commissioner Geile regarding the size of the blades, Mr. Warden stated a
combination of both sizes of blades will be purchased, depending on equipment used.
NEW BUSINESS:
CONSIDER TWO TEMPORARY CONSTRUCTION EASEMENTS FOR WCR 51 ANDAUTHORIZE CHAIR
TO SIGN -ROCKY MOUNTAIN ENERGY CENTER, LLC: Frank Hempen, Jr., Director of Public Works,
stated this will replace the temporary rights of easement currently in place at this location,with no cost to
the County. Responding to Chair Pro-Tem Jerke, Mr. Hempen stated Rocky Mountain Energy Center is
paying for the project,therefore,there is no cost to the County. Commissioner Geile moved to approve said
easements for Weld County Road 51 and authorize the Chair to sign. Seconded by Commissioner Long,
the motion carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR WCR 74 AND AUTHORIZE CHAIR TO
SIGN- J. GALE AND VALERIE MOODY: Mr. Hempen stated this easement is located on Weld County
Road 74 between Weld County Roads 27 and 29, at the north end of Woods Lake. He stated it is an
expansion of the existing cross-road pipe and additional berm work to better channel the water and allow
it to cross Weld County Road 74. Mr. Hempen stated it is a continuing maintenance issue, and has no cost
to the County. Responding to Commissioner Vaad, Mr. Hempen stated this location is east of the curves
which were improved in 1999, and the situation was not created by the earlier construction project. Mr.
Hempen further explained the new property owner requested changes to the existing agreement,which is
the purpose of this easement. Commissioner Long moved to approve said easement and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner Long moved
to appoint Mary Lichter to the Workforce Development Board, to replace Ken Nickerson as the small
business representative,with a term to expire December 31, 2004. The motion,which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY,APPROVE
CONTRACT TO AUCTION AND AUTHORIZE CHAIR TO SIGN-RITCHIE BROTHERS AUCTIONEERS
(AMERICA), INC.: Mr. Warden stated this is equipment from the Department of Public Works,which has
been replaced with new purchases. He recommended approval of the sale at auction. Commissioner Geile
moved to approve said resolution and authorize the Chair to sign the contract for Ritchie Brothers
Auctioneers (America), Inc. Seconded by Commissioner Long, the motion carried unanimously.
Responding to Commissioner Vaad, Mr. Warden stated there is some equipment which is 24 years old,
however,those are only used occasionally at the gravel pits. Most equipment is replaced on a much more
timely basis. On a call for the vote, the motion carried unanimously.
Minutes, June 2, 2004 2004-1555
Page 2 BC0016
CONSIDER RESOLUTION RE: REFINANCING OF LOW SECURITY ADULT CORRECTIONAL,
DETENTION AND TREATMENT FACILITY AND DELEGATING AUTHORITY TO ADAMS COUNTY TO
ISSUE REVENUE BONDS IN CONNECTION THEREWITH AND AUTHORIZE CHAIR TO SIGN -
SOUTHERN CORRECTIONS SYSTEMS, INC.: Mr. Warden stated Southern Corrections Systems, Inc.,
runs The Villa, as well as several similar programs in Adams County. Because the company has a
combined debt of$20 million, they are undergoing a complete refinancing issue. Since the bulk of the
facilities are in Adams County,with only The Villa in Weld County, it would be beneficial to combine them
all into one bond issue. Mr. Warden further explained the Phoenix Center, which is located in Adams
County is the major facility,therefore,Adams Countywill take the lead in issuing the refinancing bonds,and
the recommended action for the Board is to approve the refinance of the bonds and to delegate authority
to Adams County to issue the bonds. Responding to Commissioner Jerke, Mr. Warden stated there is no
liability for Weld County,when authority is given to another entity, and the County is simply the tax-exempt
entity that is the vehicle for the bonds. He further stated that, even in the event of default, Weld County
funds could not be used to pay for the bonds. Commissioner Geile moved to approve the draft resolution
and authorize the Chair to sign the necessary documents. Seconded by Commissioner Vaad,the motion
carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR ENVIRONMENTAL PROTECTION
AGENCY GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Department of Public Health and
Environment,stated this is a grant application to the Indoor Environment Unit,Air and Radiation Program,
Office of Partnerships and Regulatory Assistance, Environmental Protection Agency, will augment the
Colorado STEPS grant. The new funding will be used for the"Wee Wheezers" Program,which is geared
to young children with asthma and education for parents of those children to recognize specific symptoms.
Dr. Wallace stated the amount is not to exceed $13,072 for a term of October 1, 2004, through
September 30,2005. He stated 20 of 38 preschools will be included,specifically targeting high risk infants
with poverty and minority backgrounds. Dr. Wallace stated this program will dovetail with the STEPS
Grant,which targets school aged children. Commissioner Vaad questioned the deadline for submission,
stating he would like more time to review and to hold a work session, because of a national study recently
funded by the Environmental Protection Agency,through individuals working at Colorado State University.
Specifically, Dr. Steve Reims has begun a major study of asthma, with one potential cause being
agricultural odors and chemicals. Commissioner Vaad expressed concern that strings may be attached,
and he would like time to make sure there are no unseen elements tying the two programs together; and
that if a connection is made between the onset of asthma and strong agricultural odors,the County will not
be held to any specific action. Responding to Commissioner Vaad, Bruce Barker, County Attorney,stated
the action requested is to submit the application, and the actual grant contract will be presented later for
approval. Mr. Warden recommended the Board approve the application,then if reservations after a work
session, staff can be directed to withdraw the application. Commissioner Vaad moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER TASK ORDER FOR TOBACCO EDUCATION AND PREVENTION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order will become part of the Master State
Contract, supporting the on-going program funded through Tobacco Settlement Funds. He stated the
amount of funding has been reduced,therefore,the program will be reduced to function within the available
monies. Dr. Wallace stated prevention activities will be continued with 1.25 FTE staff,and a total amount
of$99,925 for a term of July 1,2004,through June 30,2005. He stated the program itself will not change,
only the level of activities will be reduced. Responding to Commissioner Jerke regarding the correlation
between the"Wee Wheezers"mentioned above and smoking at home, Dr. Wallace stated the environment
is a huge factor in early asthma in children, and those target groups do have a higher incidence of infant
asthma. Commissioner Vaad moved to approve said task order and authorize the Chair to sign. Seconded
by Commissioner Long, the motion carried unanimously.
Minutes, June 2, 2004 2004-1555
Page 3 BC0016
PLANNING:
CONSIDER REQUEST FOR AMENDED PUD FINAL PLAT(LOT LINE ADJUSTMENT)FOR LOTS 8AND
9, BLOCK 16,MEADOW VALE FARM SECOND FILING-ADLER: Chris Gathman, Department of Planning
Services, stated this request is for a Lot Line Adjustment only, for Lots 8 and 9 in Block 16, Meadowvale
Farm,Second Filing. The applicant has requested the line between the lots be moved, as indicated on the
Sketch Plan, which is attached to the application. Mr. Gathman indicated the location of an existing one-
story barn and a one-story storage building located on Lot 9, and recommended approval of the
amendment. Responding to Commissioner Geile regarding the Covenants in the subdivision, Mr. Gathman
stated he did not see anything specific to the Homeowners' Association having to approve this type of
adjustment, although he was not looking specifically for that information. He stated under the existing
zoning,which is single family residential, both lots would still meet minimum size requirements. He stated
a Condition of Approval could be included to require the Homeowners' Association to sign off on the
amendment. Commissioner Geile stated he prefers to do so, indicating the Board is recognizing the
Homeowners'Association. Mr. Barker stated the inclusion is a good idea,since Lot Line Adjustments often
fall through the cracks because it is treated as an administrative process, and notice is not required for
surrounding property owners. Responding to Chair Pro-Tem Jerke, Mr. Gathman indicated the applicants
do own both lots. Dennis Adler,applicant,stated he had no comment. Responding to Commissioner Geile,
Mr. Barker stated the new Condition of Approval will be#1.D, and he will add the appropriate language to
the Resolution. There was no public testimony given. Responding to Chair Pro-Tem Jerke, Mr. Adler
stated he agrees with the Conditions of Approval, including the new one. Commissioner Geile moved to
approve said request, with the Conditions of Approval as written and the addition of#1.D. The motion,
which was seconded by Commissioner Long, 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.
]E BOARD OF COUNTY COMMISSIONERS
® WELD COUNTY, COLORADO
u ,//, EXCUSED
�( Robert D. Masden, Chair
ki'�the Board
`�•�+���j William H. rke, Pro-Tem
BY: 7/1
Deputy Clerk tote :oard
M. . ie
David E. Long
EXCUSED DATE OF APPR AL
Glenn Vaad
Minutes, June 2, 2004 2004-1555
Page 4 BC0016
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