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Home My WebLink About20033288 RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 1, 2003 TAPE #2003-46 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 1, 2003, 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 David E. Long, Chair Commissioner Robert D. Masden, Pro-Tem Commissioner M. J. Geile Commissioner William H. Jerke Commissioner Glenn Vaad Also present: Assistant County Attorney, Lee Morrison Acting Clerk to the Board, Esther E. Gesick Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners meeting of November 26, 2003, as printed. Commissioner Jerke seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Jerke moved to approve the Certification of Hearings conducted on November 26, 2003, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit#1415-Genevieve Clark,Go Bruce Clark;and 2)A Site Specific Development Plan and Use by Special Review Permit #1407 - Elizabeth Roseman. Commissioner Masden seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: The following was added under Planning: 1) Consider Cancellation and Release of Collateral for Griffith Minor Subdivision, MF #589 - Ric Hansen [2003-3289]. CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed. Commissioner Geile seconded the motion, and it carried unanimously. PUBLIC INPUT: There was no public input. 2003-3288 �s/�� BC0016 WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $250,096.48 Commissioner Vaad moved to approve the warrants as presented by Mr.Warden. Commissioner Geile seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER STATEMENT OF GRANT AWARD FOR DOMESTIC VIOLENCE/SPECIAL POPULATIONS PROJECT AND AUTHORIZE CHAIR TO SIGN:Gary Rathke,District Attorney's Office,stated he submitted an application in April for VOCA funding, and the grant request has been approved, in the amount of $31,352.00. Responding to CommissionerJerke,Mr. Rathke stated the special populations are victims of a violent crime. Responding to Commissioner Vaad, Mr.Rathke stated the cash match has been budgeted. Commissioner Vaad moved to approve said grant award and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER RESOLUTION RE:CERTIFY WEED ENFORCEMENT BILL TO VERA GLENDENNING: Ron Broda, Department of Public Works, stated he met with Ms. Glendenning this past Spring to discuss contracting work for weed enforcement. He stated the Department of Public Works completed the work under the enforcement procedure,and he hand delivered the bill on July21,2003. Mr. Broda stated in the event a bill is unpaid,the Weld County Code allows staff to request a lien on the property. He added this procedure has been used each year with Ms. Glendenning. Respond to Commissioner Vaad, Mr. Broda stated Ms. Glendenning has paid the prior amounts through her taxes. Responding to Mr. Morrison, Mr. Broda stated she does not pay voluntarily. Responding to CommissionerJerke,Mr.Warden stated the lien will be included with this year's taxes. In response to Commissioner Vaad, Mr. Morrison stated the lien will be released once the 2003 taxes are paid.He further stated this is a effective way of recovering staffs costs and there is not a significant amount of work or additional cost involved. Commissioner Vaad moved to approve said Resolution. Commissioner Jerke seconded the motion, which carried unanimously. CONSIDER ACCEPTING EASEMENT FOR RIGHT-OF-WAY ON WCR 3.25 AND AUTHORIZE CHAIR TO SIGN-UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Frank Hempen, Jr., Director of Department of Public Works, stated this is the final right-of-way necessary for the improvements on Weld County Road 3.25. He stated the right-of-way is 14 feet wide and 240 feet long, this temporary easement is for driveway reconstruction, and there is no cost to the County. In response to Commissioner Jerke,Mr. Morrison stated the U.S.Department of Commerce has a Use by Special Review Permit on this property for a 1,000-foot tower which is used to calibrate aircraft. Commissioner Geile moved to accept said easement and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER LETTER AMENDMENT FOR 2004 ANNUAL COST-OF-LIVING ADJUSTMENT AND AUTHORIZE CHAIR TO SIGN -AFFILIATED COMPUTER SERVICES, INC. (ACS): Mr. Warden stated there are two parts to this item of business. The first is the actual consumer price index adjustment for the ACS Contract. He stated it is based upon the June to June Consumer Price Index for Urban Wage Earners and Clerical Workers,which went up 1.8 percent,which totals a$2,818.55 increase in billing. Mr.Warden stated the second part to this item is an amendment to the Master On-Site Services Agreement which adds 2.5 Full Time Equivalent(FTE)employees because the County is involuntarily assuming the responsibility of moving approximately 200 computers in the Department of Social Services, as well as the related maintenance. He further stated staff recommends approval of the amendment,in the amount of$150,000 for the projects approved by the Governance Committee which created additional analyst work time. He stated the additional amounts have been included in the Budget. Responding to Commissioner Geile, Mr. Minutes, December 1, 2003 2003-3288 Page 2 BC0016 Warden stated Weld County is investing$100,000 for additional staff time, as well as the relocation and maintenance of Social Services computers. He further stated the additional costs have been included and approved in the Social Services administrative allocation budgetfor2003. Mr.Warden stated the remainder of the cost will be covered by Federal pass through dollars for computer services. Responding to Mr. Morrison,Mr.Warden stated the Agenda and Resolution will need to be modified accordingly to reference the Master On-Site Service Agreement. Commissioner Geile moved to approve said Letter Amendment for 2004 Cost-of-Living Adjustment,as well as the Amendment to the Master On-Site Service Agreement and authorize the Chair to sign all necessary documents. The motion was seconded by Commissioner Vaad, and it carried unanimously. CONSIDER APPOINTMENTS AND REAPPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner Vaad moved to appoint Brad Leafgren and Carol Karre,and to reappoint Colleen Flack,all with terms to expire November 1, 2006. Commissioner Geile seconded the motion, which carried unanimously. CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN - OWENS-BROCKWAY GLASS CONTAINER, INC.: Mr. Warden stated this and the following item are allowed under Senate Bill 182 and 118 for property tax incentives. He explained they allow for fifty percent of the property tax to be rebated back to the companyfor an economic development incentive. Mr.Warden stated the Owens-Brockway Glass Container project was permitted earlier this year, which will equal approximately$77 million in personal property tax for a ten-year period. He stated the total amount of taxes to be rebated will be$1,274,135.00. Responding to Commissioner Jerke,Mr.Warden stated this is a one- time action which will remain in effect and the amount will be spread over ten years. Responding to Commissioner Geile, Mr.Warden stated the actual value of the equipment is$77 million,or$22,330,000 in assessed value. He further stated the mill levy is 22.03, and no other jurisdiction is giving an incentive. Commissioner Geile moved to approve said agreement and authorize the Chair to sign. The motion,which was seconded by CommissionerJerke carried unanimously. Commissioner Geile commented this action should be communicated to the Town of Windsor, so they understand the County's commitment to this project. CONSIDER AGREEMENT FOR TAX INCENTIVE PAYMENTS AND AUTHORIZE CHAIR TO SIGN - EASTMAN KODAK COMPANY, COLORADO DIVISION: Mr. Warden stated under this agreement, Eastman Kodak is adding $22 million of new personal property tax for a new product line. He stated $703,012 will be rebated over the next ten years. Responding to Commissioner Geile,Mr.Warden stated Kodak's disposable camera line was under a four-year commitment, which has now been moved to Canada,and the new amount will almost equal the amount being lost. Commissioner Geile commented it is important to continue working with Kodak so they will consider locating new product lines in Colorado. He stated in this instance, there will likely be a net loss; however, it is important to keep the jobs in Weld County. Mr.Warden stated,historically,past Boards have worked with Kodak on the personal property tax credits,and Kodak was instrumental in getting the Statute enacted in 1985. He stated Kodak competes with all of its other sites world-wide, and the Colorado State statutes are an advantage against their other sites. He further stated Kodak is taking the regular state-specified depreciation schedule, so they are not requesting any economic or functional obsolescence. Commissioner Jerke commented this is a small thing the Board can do to promote a major investment in the State,therefore,he supports and appreciates the jobs this creates for Weld County constituents. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Masden,the motion carried unanimously. CONSIDER DISTRIBUTION OF BANKHEAD-JONES FUNDS FOR 2003: Mr.Warden stated this and the following item are related. He explained federal funds that are received for the Pawnee National Grasslands benefit the five school districts in that area. Mr.Warden stated under State statute,the Board must spend the funds on schools or roads and bridges, and at least five percent has to be spent on one or the other. Minutes, December 1, 2003 2003-3288 Page 3 BC0016 He stated there has been a long-time agreement with the School Districts to share the amount 50/50,less the one percent lobbying costs for public land funding. He stated the Bankhead-Jones funds for grazing fees took a substantial jump this year from$25,750 to$211,375.44. He further stated the amount will be split 50/50,in the amount$104,630.85,which will then be allocated to the School Districts based upon the number of acres each district has in the Pawnee National Grasslands. In response to CommissionerJerke, Mr.Warden stated the Board has full discretion on how the funds are used,with the exception that at least five percent must go to the School Districts. Mr. Warden stated the mineral leasing dollars, which are allocated by the State Treasurer,are deducted from the School Finance Act;however,the Bankhead-Jones funds do not have to be accounted for by the School Districts. He stated the grasslands cannot be developed for other economic purposes that could potentially enrich the Districts, so as a result, prior Board's felt the money should be shared. Responding to Commissioner Masden, Mr.Warden stated this is the largest increase ever experienced, and the ranchers are having to pay the increase due to the additional land that was opened up due to the drought. Commissioner Masden moved to approve said Resolution. Commissioner Geile seconded the motion and it carried unanimously. CONSIDER DISTRIBUTION OF PAYMENT IN LIEU OF TAXES(PILT)FOR 2003:Mr.Warden stated PILT is an actual appropriation of Congress for payment in lieu of taxes. He stated the appropriation was increased from $137,976 to $196,558. He stated of that amount the School Districts will receive $97,296.21, which is a $28,000 increase. In response to Commissioner Jerke, Mr. Warden stated the scope of spending discretion is the same as the previous item.Commissioner Geile moved to approve said Resolution. Commissioner Jerke seconded the motion, which carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR GRIFFITH MINOR SUBDIVISION, MF#589-RIC HANSEN:Kim Ogle,Department of Planning Services,stated the Departments of Planning Services and Public Works conducted site inspections and found all improvements in place,therefore,staff recommends approval of the cancellation and release request. Commissioner Vaad moved to cancel and release said collateral for Minor Subdivision, MF #589, for Ric Hansen. The motion was seconded by Commissioner Jerke, and it 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. Minutes, December 1, 2003 2003-3288 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:45 a.m. BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO ATTEST: fateek, vid . Long, Ch it Weld County Clerk to th fBo 4, ,Eir �, �\j Robert D. asden, Pro-Tern BY: .g Xs r i r 2*1 Deputy Clerk to the B ; � EXCUSED DATE OF APPROVAL M. J. Geile William H. Jerke e,o 4t.,..��4. Glenn Vaad Minutes, December 1, 2003 2003-3288 Page 5 BC0016 Hello