HomeMy WebLinkAbout20032560.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 3, 2003
TAPE #2003-34
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 3, 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:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of August 27, 2003, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE:CommissionerJerke moved to read Ordinances#226-B and#228 by tape.
Commissioner Geile seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on August 27, 2003, as follows: 1) Change of Zone, PZ#594 -Todd Muckier, Debra Eberl-
Muckier, and Eli Krebs. Commissioner Masden seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Jerke seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
PUBLIC INPUT: There was no public input.
2003-2560
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,510,187.97
Electronic Transfers - All Funds $1,081,544.28
Commissioner Geile moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
BIDS:
PRESENT AND APPROVE HAZARDOUS WASTE STORAGE TANK BID-HEALTH DEPARTMENT: Pat
Persichino, Director of General Services, presented a sole bid from Eaton Sales and Service, Inc., for a
hazardous waste storage tank at the north building in the amount of$23,168.96. Commissioner Geile
moved to approve said bid on an emergency basis. The motion,which was seconded by Commissioner
Masden, carried unanimously.
APPROVE COURTHOUSE AND CENTENNIAL RENOVATION BID-DEPARTMENT OF FINANCE: Mr.
Persichino recommended acceptance of low bid in the amount of $486,254.00. Commissioner Jerke
moved to approve the low bid from Rhoads Construction, Inc. The motion, which was seconded by
Commissioner Masden, carried unanimously.
APPROVE DELINQUENT TAX LIST BID-TREASURER: Mr. Persichino recommended approval of the
sole bid from the Greeley Tribune,in the amount of$14,103.00. Commissioner Masden moved to approve
said bid. The motion, which was seconded by Commissioner Geile, carried unanimously.
NEW BUSINESS:
CONSIDER FOUR PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS SENIOR CENTERS
FOR OPERATIONAL EXPENSES AND AUTHORIZE CHAIR TO SIGN: Walt Speckman,Director of Human
Services,stated each of the four centers face financial hardship in terms of keeping their centers open,and
the grants of$3,000 each will be used to pay for operational expenses. Responding to Commissioner
Jerke, Mr.Speckman stated the Lochbuie center does need a lot more resources;however,the group does
own the land. Mr. Speckman also stated the group is working with the State Department of Local Affairs
to obtain any available grant funds,and they are expected to use this money to help pay for a new furnace;
since winter will arrive before other funds become available and a new facility would be at least one year
away. Commissioner Masden stated he asked the coordinatorto talk to the school administrators to obtain
alternative facilities in the meantime;however, he is uncertain whether that has been done. (Changed to
Tape#2003-35.) Responding to Commissioner Geile, Mr.Speckman stated the drainage problem,created
by runoff from the highway flooding the center, has finally been corrected by the Colorado Department of
Transportation,although the water did cause deterioration of the foundation. Commissioner Masden moved
to approve said agreements and authorize the Chair to sign. Seconded by CommissionerJerke,the motion
carried unanimously.
CONSIDER 12 PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS SENIOR CENTERS FOR
OUTREACH ACTIVITIES AND AUTHORIZE CHAIR TO SIGN: Mr. Speckman stated these funds will be
awarded to senior centers that have agreed to redouble their efforts to reach out to lonely and isolated
seniors by implementing telephone reassurance calls,one on one visitations,and buddy programs to attract
new seniors to the centers and a variety of other outreach activities. Responding to Commissioner Vaad,
Mr. Speckman stated the awards are based on proposals received from each center, and they vary
according to the area needs. Commissioner Vaad moved to approve said agreements and authorize the
Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
Minutes, September 3, 2003 2003-2560
Page 2 BC0016
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF FOOD PREPARATION
SERVICES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Mr.
Speckman stated the term of said on-going agreement is January 1,2004,to December 31,2009,and the
University will prepare approximately 72,500 meals per year to serve approximately 2,500 Weld County
older adults at 23 sites throughout the county. Responding to Commissioner Geile,Mr. Speckman stated
the cost is$3.75 per meal. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER GRANT APPLICATION FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO
SIGN: Gary Rathke, District Attorney's Office, stated this is the second year of funding for the Violence
Against Women program, and the application is identical to the current year grant. Commissioner Jerke
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Vaad,the
motion carried unanimously.
CONSIDER GRANT APPLICATION FOR 2004 LAW ENFORCEMENT ASSISTANCE FUNDS AND
AUTHORIZE CHAIR TO SIGN: David Tuttle,Sheriffs Office, stated this application is to acquire the third
year of funding for the traffic grant for DUI enforcement. Responding to Commissioner Masden, Mr.Tuttle
stated he does not have specific reports for the Labor Day weekend;however, 14 individuals were arrested.
Mr.Tuttle reviewed the number of the DUI arrests made each year, and stated the goal is to increase the
number of arrests each year. Responding further to Commissioner Masden, Mr.Tuttle stated the officers
perform a standard field sobriety test, make the decision whether to use a portable breath testing device,
and,if the results are positive,the individual is transported to the station fora full intoxilizertest. Responding
to Commissioner Jerke,Mr.Warden stated the grant funds are budgeted in the Sheriff's Office,and tracked
as a grant account,and approximately$40,000 is budgeted for traffic enforcement. Mr. Tuttle stated the
grant is used to pay overtime hours for any on-duty officer,not only the traffic enforcement division officers.
Commissioner Masden moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Jerke, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WCR 74 BETWEEN WCRS 59 AND 61: Frank Hempen, Jr.,
Director of Public Works,stated this road was closed on August 23,2003,to perform an emergency repair
of a culvert, and reopened August 26, 2003. Commissioner Geile moved to approve said closure. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCR 40 AT WCR 35: Mr. Hempen
stated the Stop sign was installed during a recent improvement project,and a request was received from
a local resident to make the stopped condition permanent. There is a sight restriction at the intersection,
and Mr. Hempen recommended maintaining the Stop signs. Commissioner Jerke moved to approve said
installation. The motion, which was seconded by Commissioner Masden, carried unanimously.
Commissioner Masden offered his congratulations on a job well done, and stated the repair to the
intersection of Weld County Roads 35 and 40 makes it much safer.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WCR 47 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -GERALD L. GLASS: Don
Carroll, Department of Public Works, stated this agreement is required as a Condition of Approval for
Recorded Exemption#3608. Mr. Carroll stated the parcels will be accessed from Weld County Road 30,
in a northerly direction,and there is 60 feet of right-of-way between Sections 23 and 24. Mr. Carroll stated
adjacent property owners were contacted,and no negative comments have been received. Responding
to Commissioner Geile, Mr. Carroll stated the recorded exemption was staff approved; however,
Commissioner Jerke clarified the approval was contingent upon the Board of Commissioners approving
this license agreement. Commissioner Geile moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
Minutes, September 3, 2003 2003-2560
Page 3 BC0016
CONSIDER DISBURSEMENT CERTIFICATE FROM ESCROW AGREEMENT #13685300 AND
AUTHORIZE CHAIR TO SIGN-ROCKY MOUNTAIN ENERGY CENTER, LLC: Mr. Hempen stated this is
for improvements to Weld County Road 51 south of the I-76 Frontage Road and north of Highway 52,
according to the Escrow Agreements in place with Rocky Mountain Energy Center, LLC. Responding to
Commissioner Masden,Mr. Hempen stated the engineering for the Weld County Road 51 project has been
completed, and the department is currently scheduling acquisition of rights-of-way, with the intent to
construct the road next year in the late spring or summer. Commissioner Masden moved to approve said
disbursement. The motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER PETITION TO VACATE A PORTION OF WCR 18 RIGHT-OF-WAY-GOMER AND JULIE HILL
LIVING TRUST: Bruce Barker,County Attorney,stated the vacation of this right-of-way was requested by
Mr. Hill,who currently owns all adjacent property. He stated in 1994,the bridge on Weld County Road 18
over the South Platte River was replaced and moved to the north,and the route of Weld County Road 18
as it traveled west was straightened. As a result,some of the right-of-way to the south of the section line
was no longer required,and the process for vacation of the right-of-way was initiated in 1994;however,the
process was not completed. Mr. Barker stated Mr. Hill owns the property on all sides of the right-of-way,
and he has granted easements to the company mining gravel on an adjacent property, as well as the
property owner to the south,therefore,no one is left without access to Weld County Road 18. Gomer Hill,
applicant,stated he has owned the property since 1992,and he hopes to finally clear this up and complete
the vacation. No public testimony was given. Commissioner Vaad moved to approve said petition. The
motion, which was seconded by Commissioner Jerke, carried unanimously.
CONSIDER AGREEMENT FOR EARLY RELEASE AND ISSUANCE OF BUILDING PERMIT FOR
RADIO/TELEVISION TOWER- REGENT BROADCASTING OF FORT COLLINS, INC.: Lee Morrison,
Assistant CountyAttorney,stated this is the formalized agreement by which the applicant agrees to assume
the risk the Use by Special Permit will not be approved in exchange for the opportunity to get started and
meet its construction schedule. He stated the applicant has agreed to provide a cash deposit to be held
in escrow during the process of considering the Permit,and has stated there is no guarantee of approval,
although Regent Broadcasting is obligated to pay any cost that may exceed the amount in escrow. Mr.
Morrison also stated the Board is agreeing to authorize the release of Building Permits for the towers.
Responding to Chair Long and Commissioner Geile,Mr. Morrison stated the tower will replace an existing
tower, and the cash deposit of$105,806.00 will be held in escrow in the Clerk to the Board Trust Fund,
which is used for any cash escrow funds. Commissioner Jerke moved to approve said agreement. The
motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER EMERGENCY ORDINANCE 226-A, IN THE MATTER OF A SUPPLEMENTAL
APPROPRIATION FOR THE YEAR OF 2003: Mr.Warden stated this is the first supplemental appropriation
for 2003,and it was published prior to this hearing. He stated the Exhibits show the actual changes to each
account and reviewed a summary of those changes. No public testimonywas given. Commissioner Geile
moved to approve said Ordinance on an emergency basis. The motion, which was seconded by
Commissioner Masden, carried unanimously.
CONSIDER EMERGENCY ORDINANCE #228, IN THE MATTER OF ISSUANCE AND SALE OF A
$1,650,000 DEVELOPMENT REVENUE BOND, SERIES 2003 - GREELEY CENTER FOR
INDEPENDENCE, INC.: Mr.Warden stated this is forthe issuance of$1,650,000 in Development Revenue
Bonds for the Greeley Center for Independence, Inc. He stated the Ordinance has been advertised per
Internal Revenue Service requirements, and it is to refinance two resident apartments and the current
Greeley Center for Independence, Inc.,which services individuals with spinal cord injury. Mr.Warden stated
he and Mr.Barker have reviewed all the documents concerning this project,and stated any local entity may
issue bonds for non-profit organizations, to allow them access to lower interest rates. He stated Weld
County has done this for several other community organizations in the past. Don Stover, bond counsel
Minutes, September 3, 2003 2003-2560
Page 4 BC0016
from Kutak Rock, discussed the proposal and Responded to Commissioner Jerke that in order to obtain
the lower interest rate,the Center must be operated undera tax-exempt status and the interest rate on the
bond issue would be increased to 10 percent if the tax-exempt status is not maintained. Hope Cassidy,
Greeley Center for Independence, Inc.,stated her appreciation to the Board of County Commissioners for
its previous help in getting the Center started in 1978, and stated this refinancing will be very beneficial to
the Center. She stated they have obtained a grant from HUD in the amount of$500,000,and have designed
a campus-type setting on a 1.2 acre site,with 10 living units,or studio apartments,and common areas for
meals and social activities,with an existing farmhouse being renovated into a day center. She stated the
refinancing issue is to refinance the therapy center and two assisted apartments,and this should save them
approximately $60,000 per year after the initial costs are paid. No public testimony was given.
Commissioner Geile expressed his appreciation to the Board of Directors for providing this much needed
facility,and moved to approve Ordinance#228 on an emergency basis. Seconded by CommissionerJerke,
the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Emergency Ordinances #226-A and #228 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 10:00 a.m.
BO D OF COUNTY COMMISSIONERS
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Minutes, September 3, 2003 2003-2560
Page 5 BC0016
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