HomeMy WebLinkAbout20031974 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 30, 2003
TAPE #2003-29
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, July 30, 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 - EXCUSED
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
Controller/Treasurer, Claud Hanes
MINUTES: Commissioner Jerke moved to approve the minutes of the Board of County Commissioners
meeting of July 28,2003,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 July 28,2003,as follows: 1)Hearing to determine whether good cause exists for revocation
of Amended Use by Special Review Permit#713 for a Salvage Yard - Manuel Balderas, dba M and B
Salvage. Commissioner Jerke seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, CLERK AND RECORDER- SUKI TSUKAMOTO: Chair Long read the
certificate into the record recognizing Suki Tsukamoto for33 years of service as a Weld County employee
and elected official. Ms. Tsukamoto was present to receive her retirement pin.
RECOGNITION OF SERVICES,DEPARTMENT OF PUBLIC WORKS-DREW SCHELTINGA: Chair Long
read the certificate into the record recognizing Drew Scheltinga for 28 years of service as a Weld County
employee. Mr. Scheltinga was present to receive his retirement pin.
2003-1974
BC0016
RECOGNITION OF SERVICES,DEPARTMENT OF HEALTH AND ENVIRONMENT-NANCY MEEK: Chair
Long read the certificate into the record recognizing Nancy Meek for her 37 years of service as a Weld
County employee and stated that,except for two years when she had her son,she worked either full or part-
time for the county from 1958 to the present. Ms. Meek was not present to receive her retirement pin.
RECOGNITION OF SERVICES, DEPARTMENT OF SOCIAL SERVICES-MARY BUCKLEY: Chair Long
read the certificate into the record recognizing Mary Buckley for 13 years of service as a Weld County
employee. Ms. Buckley was present to receive her retirement pin.
PUBLIC INPUT: Diane Miller, Loveland resident, requested support from the Board to allow six foster
children who have been in their home for four years to remain there. She submitted a copy of her
comments, which is attached hereto, and marked as Exhibit A, Public input.
WARRANTS: Claud Hanes, Controller/Treasurer, presented the following warrants for approval by the
Board:
All Funds $664,911.10
Electronic Transfers -All Funds $2,559,114.70
Commissioner Geile moved to approve the warrants as presented by Mr. Hanes. Commissioner Vaad
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PAUL ESH: Mike Sampson,
Assessor's Office, stated the horse arena was incorrectly calculated; therefore, he has adjusted the
residential portion of the parcel and recommends approval. Commissioner Vaad moved to approve said
petition. The motion, which was seconded by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-CITY OF GREELEY/WATERAND
SEWER DEPARTMENT : Mr. Sampson stated this property was purchased by the City of Greeley and
should have been given an exempt code;however, it was left on as producing sand and gravel. Staff has
corrected the exemption code, and recommends approval. Commissioner Jerke moved to approve said
petition. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES-JOSEPH AND MARIE CASTRO:
Mr. Sampson stated there were two mobile homes on this account, which had been titled and
double-assessed. Commissioner Vaad moved to approve said petition. The motion,which was seconded
by Commissioner Geile, carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - ONION GROWERS, INC.: Mr.
Sampson stated they were informed after the fact about fires in two buildings,which have not been rebuilt
and are unusable. Commissioner Geile moved to approve said petition. The motion,which was seconded
by Commissioner Jerke, carried unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 396 AND WCR 27.5
AND AUTHORIZE CHAIR TO SIGN-AGGREGATE INDUSTRIES-WCR, INC.:Frank Hempen,Jr.,Director
of Public Works, stated this agreement was negotiated as a Condition of Approval for a Use by Special
Review Permit#1354 which was approved in the southeast corner of the intersection at Weld County
Roads 396 and 27.5. The agreement will require Aggregate Industries to improve Weld County Road 396
from its entrance to Weld County Road 27.5; provide dust suppressant chemicals on the road; maintain
Weld County Road 396 after paving is completed;and maintain Weld County Road 27.5,aso known as Two
Minutes, July 30, 2003 2003-1974
Page 2 BC0016
Rivers Parkway,in a proportionate amount. Commissioner Jerke moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Geile, the motion carried unanimously.
CONSIDER RESOLUTION RE: ITEMIZING LEGAL HOLIDAYS DURING CALENDAR YEAR 2004:Carol
Harding, Deputy Clerk to the Board, stated this is the formal listing of approved holidays for County
employees,and it was reviewed by Don Warden, Director of Finance and Administration. Commissioner
Geile moved to approve the draft resolution. Seconded by Vaad, the motion carried unanimously.
HEALTH:
CONSIDER AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION CONCERNING A PETITION TO DISTRICT COURT TO ALLOW REMOVAL OF AN ABANDONED
CEMETERY-ACTION PURSUIT PAINTBALL,C/O WITWER,OLDENBURG,BARRYAND BEDINGFIELD,
LLP:Lee Morrison,Assistant County Attorney,stated some discussion of this occurred atA Use by Special
Review Hearing. He stated Section 25-1-655, C.R.S., allows four alternative grounds under which the
Board may petition the District Court for removal of a cemetery. One is whether the cemetery or burial
ground has been abandoned,whether it has become commons,whether it endangers the health of people
living in the immediate vicinity thereof,or if through neglect and disuse it is in danger of damage,destruction,
desecration or obliteration. He stated the Court process requires notification of known deceased,and all
the Board is requested to do today is to authorize the petition to District Court. Responding to
Commissioner Geile,Mr. Morrison stated there are eight graves;and the first and fourth reasons given are
probably appropriately considered today. Anthony Navarro, applicant, reviewed the articles that he
presented,which describes as much as he could find about the cemetery. He further stated he has talked
to staff at Linn Grove Cemetery,which has a historical site for people buried many years ago and will accept
the remains. Mr. Navarro said he will absorb any disinterment and internment costs,which will be about
$4,000;there is no public access to the site; and moving the remains would allow historical access to the
new graves. He explained they are constructing a gravel road to remove a hill on their property,which will
disrupt the present site;however,they want to handle the remains respectfully. Mr. Navarro described his
conversations with the Colorado Historical Society,and Colorado Genealogy Foundation,who were unable
to locate any known descendants and could not give additional information on the site. Responding to
Commissioner Jerke,Mr. Navarro stated the site was moved in 1926 when Highway 34 was widened,and
before it was moved, the graves were in separate locations. They are now in one grave. Mr. Morrison
stated for the record,that Timothy Clancy,Attorney representing Anthony Navarro, is present,and stated
that he hoped there would be a private remedy; however, neither he nor Mr. Clancy could find one. Mr.
Morrison stated the only clear way to deal with it is for the Board to petition the Court. Mr. Clancy stated
there are procedures to be followed for the private removal of unmarked sites. Commissioner Vaad moved
to authorize the Weld County Attorney to proceed with legal action concerning a Petition to District Court
to allow removal of an abandoned cemetery. Seconded by Jerke, the motion 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, July 30, 2003 2003-1974
Page 3 BC0016
There being no further business, this meeting was adjourned at 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
���� W COUNTY, COLORADO
ATTEST: a �� c+.11(ICP lee"
�/ David . Long, Chair /
We k to the Board
EXCUSED
Robert D. asden, Pro-Tem
1861 Board e.,
M. J. Geile
® I,
William H. Jerke
Glenn Vaad
Minutes, July 30, 2003 2003-1974
Page 4 BC0016
•
Diane and Ken Miller Presentation to Weld County
Commissioners Regarding the Removal of Their Foster
Children by WCDSS
July 30, 2003
Thank you for the opportunity to be heard on this issue which is extremely important to all the
members of the Miller family:Ken and Diane,three adult birth-children,one adoptive child,and
six foster children. Ken and Diane Miller have been successful foster parents to sixteen children
and have received training in the care of special needs foster children.
1. There are over 400 children available for and waiting to be adopted in Colorado. Most of those
children are older, non-Caucasian,have special needs, and are suffering from the emotional scars
of abuse and neglect.Colorado hired an adoption recruitment specialist two years ago to
specifically try and recruit families for these waiting children. By way of reference,the six
children discussed in this document are more needy and therefore more difficult to place for
adoption than most of the children seen on the popular Channel Four series,"Wednesday's
Child."
2. We have parented six Weld County siblings for almost four years,and wish to adopt them.
These children are older(4yrs.to 12 yrs.),minority(Guatemalan ethnicity), several have medical
needs, and all have mental health and emotional issues. We are willing to keep the siblings
together,and have done everything in our power to address their needs and keep them safe in our
home, including building a new home with a room for each child, installing monitors in each
bedroom.
3. We realize that these are very traumatized children, and that they need therapeutic services.In
the almost 4 years that the children have been with us,we have worked with many psychiatrist,
psychologists&therapists(Sandra Medina,Dr. Lee Rosen,Dr. Jill McNaul, Dr. John Resnick,
Dr. Shannon, Shari Simmons,Kristen Chamberlin, John McKee,Mary Klopfenstein,Julie Box)
In addition, we have hired tutors,provided additional speech, occupational and physical therapy
then our children would normally receive through school from their IEP's. We have gone to great
lengths to support our children in getting services to meet their many needs. It's difficult to work
with so many professionals, and each professional has unique approaches to dealing with the
children's needs. However,we have tried to the best of our ability to incorporate all suggestions
from the professionals in working with the children,and several professional therapists have
offered to testify on our behalf.
4. Despite the progress these children have made,it appears as if DSS has been determined since
August 2002,to remove all of the children from our home. When DSS was legally blocked from
doing so(Judge Klein ordered mediation and a full court hearing if mediation failed,prior to
removing any children),DSS then put up mad blocks to the successful adoption of the children.
DSS replaced all therapists/psychiatrist/caseworkers working with our family,refused to provide
therapeutic services for the four younger children(despite their documented, significant needs for
these services),and refused to allow us to pay for therapeutic services with our own money. They
have postponed the mediation on three separate occasions and have still not completed all the
information that was to be considered at a mediation(some of which is positive to our request to
adopt the children).
5. On July 17,the day before the rescheduled mediation, DSS seized all six children in a surprise
visit. The manner of the removal,especially for children suffering from attachment disorders,was
1 EXHI$1j
shk'cle-
inc.cclibly damaging to the children, and even went against their own expert's written advice. The
children have been in our home for almost four years,and there has never been a child care
complaint against us from a worker or professional. We do not feel this constituted a valid
emergency removal. It appears that DSS timed this hearing to coincide with the rotation of a new
judge onto juvenile court. This hearing was not done in front of the original judge on the case who
mandated mediation and a court hearing if mediation failed.
6. We now question if DSS entered the mediation process in good faith as directed by the judge.
We feel the court and the adoption process have been manipulated by DSS using their authority in
a way that does not serve the best int- ests of the children. We do not und..,simrd why DSS did not
attempt other,less disruptive options that are commonly used to assist pre-adoptive and foster
families of special needs children. These options are many and typically include specialized foster
parent training for us, temporary institutional care for specific children,respite care, or similar
support services.
7. We have done everything possible to be able to adopt these children. We fear that Weld DSS
will be unable to find suitable adoptive placements quickly enough before more damage is done to
these children. If they are not returned to our family we fear that the re-traumatization will lead to
move after move of these children in the foster care system,with no accountability on DSS's part
for the successful placement of the children. Weld County's adoption and foster care system is no
diffe cut from the rest of Colorado:there is a shortage of adoptive and foster families, and there
are frequent delays in placing children. Experience suggests that our six foster children will be
difficult to place in long-term foster or adoptive homes because of their characteristics: older age,
medical and mental health needs,behavioral problems,and minority status. We are prepared to
adopt them now and have successfully parented them for nearly four years.
We respectfully request that the children be returned to our family immediately. That
therapeutic and similar support services be provided by a therapist experienced with the level of
disturbance that our children represent. That Judge Kleins previous orders" that no child be
removed from our home until a full evidentuary hearing takes place...."and that Weld DSS agrees
to work with us in an open and constructive manner to meet the needs of these children.
Thank-you for this opportunity to be heard.
Respectfully,
Ken and Diane Miller
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