HomeMy WebLinkAbout20030919.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 7, 2003
TAPE #2003-11
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, April 7, 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 - EXCUSED
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of April 2,2003,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 April 2, 2003, as follows: 1)A Site Specific Development Plan and Use by Special Review
Permit#1416,William and Ann Stonebraker, c/o Leeburg and Associates. Commissioner Geile seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: The following was added under New Business: 11) Consider Temporary
Summary Suspension of Tavern Liquor License, pursuant to 1 CCR 203-2, Regulation 47-602 - RJML,
LLC, dba La Maravilla
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.
2003-0919
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $943.159.64
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Geile
seconded the motion, which carried unanimously.
BIDS:
PRESENT INVESTMENT ADVISOR BID- DEPARTMENT OF FINANCE: Mr. Warden presented the four
bids received. Said bids will be considered for approval on Wednesday, April 16, 2003.
APPROVE ROADWAY DESIGN OF WELD COUNTY ROAD 13 (ROADS 2 - 8) - DEPARTMENT OF
PUBLIC WORKS: Mr. Warden stated the Department of Public Works recommends rejection of the first
two low bids because they do not meet specifications. He stated staff recommends approval of the third
low bid from Jehn and Associates, in the amount of$218,398. Commissioner Vaad moved to approve said
bid as recommended by staff. Commissioner Geile seconded the motion, which carried unanimously.
APPROVE 2003 SLURRY SEAL PROJECT BID-DEPARTMENT OF PUBLIC WORKS: Mr.Warden stated
the Department of Public Works recommends approval of the low bid from Monarch Oil, Inc., in the amount
of$539,921.05. Commissioner Geile moved to approve said bid as recommended by staff. Commissioner
Vaad seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF WCR 62 BETWEEN WCRS 47 AND 49; AND WCR 37
BETWEEN "O"STREET AND WCR 66: Frank Hempen, Jr., Director of Public Works, stated both portions
of road are to be closed on April 14, 2003, for five working days to replace culverts prior to the beginning
of the irrigation season. Commissioner Vaad moved to approve said temporary closures. Commissioner
Masden seconded the motion, which carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON WCRS 6 AND 10 AT WCR 63: Mr.
Hempen stated staff received a request to review the intersections of Weld County Roads 6 and 10 at Road
63 for consideration of a Stop sign. He stated due to high crops and fences the sight distances are
obstructed, therefore, staff recommends Stop signs be placed on Weld County Roads 6 and 10 at the
intersections with Road 63, which will remain a through road. In response to Commissioner Geile, Mr.
Hempen stated these are gravel roads. Commissioner Masden moved to approve said installation of traffic
control devices. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER DISBURSEMENT CERTIFICATE FROM ESCROW AGREEMENT #13685400, DATED
AUGUST 30, 2002, AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC,
C/O CALPINE CORPORATION: Mr. Hempen stated this is the second draw on this escrow agreement
for the improvement of Weld County Road 51 from the 1-76 Frontage Road south to State Highway 52, and
they are currently in the design phase. Responding to Commissioner Masden, Mr. Hempen stated the
initial plan was to construct the road after a majority of the facility had been completed, and they currently
estimate the project to be completed by mid to late 2004. He explained they still need to complete the
design work, right-of-way acquisition, and a railroad crossing. Commissioner Masden commented some
of the residents in the area have been told the facility will be online to sell energy by May 2004. Mr.
Hempen stated that is sooner than he anticipates, and the railroad can be completed before the road work
commences because the design work indicates the road will be relocated slightly to the west. He further
stated the completion date for the railroad crossing upgrade is still uncertain. Responding to Commissioner
Geile, Mr. Hempen stated there is a large amount of funds in the escrow account at this time, and the
second installment should be made later this year, which will pay for the full cost of the engineering,
Minutes, April 7, 2003 2003-0919
Page 2 BC0016
construction,etcetera. Commissioner Vaad moved to approve said Disbursement Certificate and authorize
the Chair to sign. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER CONTRACT AMENDMENT #4 FOR COMMUNITY CORRECTIONS SERVICES AND
AUTHORIZE CHAIR TO SIGN: Jan Zuber, Community Corrections Board, stated this amendment reflects
reductions due to State budget cuts, which will be in effect until 2006. She stated the administrative
funding will be reduced from five to four percent; however, this should not have a significant impact since
they rarely utilize the full five percent. She further stated this amendment will allow them to collect$17 per
day for subsistence from the clients,which is a$4 increase. In response to Commissioner Geile, Ms.Zuber
stated the contractors will receive a cut in the per diem amount, and there is a possibility for reducing the
number of beds. Responding to Mr. Warden, Ms. Zuber stated each year the Community Corrections
Board allots certain amounts of the grant money to fund various public programs,and they do not anticipate
a reduction of those amounts. Commissioner Geile moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR U.S. 34 ACCESS CONTROL PLAN AND
AUTHORIZE THE CHAIR TO SIGN: Mr. Barker stated this Resolution is to approve the Intergovernmental
Agreement which adopts the U.S. 34 Access Control Plan. He stated it also reflects the language
proposed by the Board expressing support of the plan because it is designed to achieve the goals of the
U.S. 34 Corridor Optimization Study Process. He stated staff has worked with various other entities, and
each has indicated support of this agreement. Commissioner Vaad moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER EXCLUSIVE SANITARY SEWER EASEMENT AND AUTHORIZE CHAIR TO SIGN-CITY OF
GREELEY: Mr. Barker stated this will grant an exclusive sanitary sewer easement, and he gave a brief
description of the property. He stated the City of Greeley has requested the County grant this easement
because it still owns the land occupied by North Colorado Medical Center. In response to Commissioner
Geile, Mr. Barker stated the seven-foot easement is for sewer utilities only; however, there is a provision
for landscaping on the surface, but no fixed structures. Commissioner Geile moved to approve said
easement and authorize the Chair to sign.The motion was seconded by Commissioner Vaad,and it carried
unanimously.
CONSIDER HIPAA COMPLIANCE PLAN FOR WELD COUNTY: Mr. Warden stated this and the following
two items of business are related. He stated the Health Insurance Portability and Accountability Act
(HIPAA)was passed in 1996 to address the exchange of electronic health information by health providers
and insurance companies. He stated it provides assurances for uniformity of transactions and protects
patient privacy. He further stated health providers must have a HIPAA Compliance Program in place by
April 14, 2003. Mr. Warden stated Weld County's functions classify it as a "hybrid entity,"so the particular
functions which must comply with HIPAA must be identified. He stated the Departments of Public Health
and Environment, Paramedic Services, and the case management function of the Department of Human
Services must comply. He stated they also reviewed the Sheriff's Office, Transportation Division of the
Department of Human Services, Coroner's Office, Veteran's Office, and Department of Social Services;
however, it was determined that they were exempt for various reasons. Mr. Warden stated the County
does have self-insured dental, vision and flexible spending accounts for employees, so Weld County is a
health plan under those regulations. He stated this Resolution will designate Weld County as a "hybrid
entity" under HIPAA, approve the various plans for dental, vision and flexible spending plans, and
approving the Department of Public Health and Environment, Paramedic Services, and Department of
Human Services, Area Agency on Aging Division, as health providers for case management. He also
requested the Board approve the Affiliated Computer Services (ACS) policies regarding electronic data.
In response to Commissioner Geile, Mr. Warden stated the Department of Social Services does not fall
under this requirement because it provides Medicaid and is excluded; however,the Department does have
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Page 3 BC0016
its own confidentiality regulations. Commissioner Masden moved to approve said plan. Commissioner
Geile seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS OF HIPAA PRIVACY OFFICER FOR PLANS: Mr. Warden recommended
that following individuals be appointed as privacy officers: Donald Warden, Dental, Vision, and Flexible
Spending Plans; Cheryl Weinmeister, Department of Public Health and Environment HIPAA Plan; David
Bressler, Paramedic Services' HIPAA Plan;and Eva Jewell, Department of Human Services,Area Agency
on Aging Division's HIPAA Plan. Commissioner Vaad moved to approve said appointments.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER FORM OF HIPAA BUSINESS ASSOCIATES STANDARD AGREEMENTS AND DELEGATE
AUTHORITY TO SIGN AGREEMENTS TO THE PRIVACY OFFICERS: Mr. Warden stated HIPAA
regulations require an agreement with agencies that do business with Weld County if they have access to
the County's private health information to ensure they keep the information confidential. He recommended
approval of a standard form for the agreements, and to authorize the various privacy officers to sign the
necessary documents. Commissioner Vaad moved to approve said form and delegate authority to the
privacy offices to sign said Business Associates agreements. The motion was seconded by Commissioner
Masden, and it carried unanimously.
FINAL READING OF CODE ORDINANCE #2003-3, IN THE MATTER OF ENACTING CHAPTER 3,
ARTICLES 13 AND 14, OF THE WELD COUNTY CODE: Commissioner Vaad moved to read Code
Ordinance#2003-3 by title only. Commissioner Geile seconded the motion, which carried unanimously.
Mr. Barker read said title for the record. He stated Articles 13 and 14 deal with the Federal Transit
Administration (FTA) and the Federal Motor Carrier Safety Administration regulations on drug use and
alcohol misuse. He stated this is necessary to obtain funding from the FTA, and to comply with State and
Federal laws relating to Commercial Drivers Licenses. In response to Commissioner Geile, Mr. Barker
stated the random sampling only applies to the staff categories which are listed in the Ordinance. No public
testimony was offered concerning this matter. Commissioner Vaad moved to approve Code Ordinance
#2003-3 on final reading. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER TEMPORARY SUMMARY SUSPENSION OF HOTEL AND RESTAURANT LIQUOR
LICENSE, PURSUANT TO 1 CCR 203-2, REGULATION 47-602 - RJML, LLC, DBA LA MARAVILLA: Mr.
Barker stated on February 26,2003,the Board approved a Hotel and Restaurant Liquor License and Dance
Hall License for RJML, LLC, dba La Maravilla; however, staff recently discovered the facility does not have
an adequate septic system to handle the load capacity expected at the site, nor has the well permit been
approved or received from the State. As a result, the Certificate of Occupancy was revoked, effective last
night. Mr. Barker stated there is a temporary suspension procedure under 1 CCR 203-2, Regulation 47-
602, which he read for the record. Mr. Barker stated Jeff Reif, Department of Building Inspection, did
suspend the Certificate of Occupancy on Friday, April 4, 2003, which did not provide enough time to notify
the operator of today's meeting;however,the Temporary Summary Suspension procedure does not require
formal notification. He explained a hearing must be set within 15 days and notification provided.
Commissioner Geile expressed concern with issuing a Certificate of Occupancy when the septic and well
issues had not been addressed. Mr. Reif stated he met with the applicant on Friday who indicated he spent
a large amount of money in advertising the grand opening and purchasing food and alcohol. He stated
based on comments from the Health Department, he did not feel the public was in imminent danger of a
septic system failure, therefore, he did not revoke the Certificate of Occupancy until Sunday. He stated
he was not aware of the well water issue. Connie O'Neill, Weld County Department of Public Health and
Environment, stated the facility qualifies as a community water system under State regulations, which
requires a Plan Review by the Water Quality Control Division of the Colorado Department of Public Health
and Environment. She stated most of the necessary information has been submitted, but the review has
not been completed, or approved. Responding further to Commissioner Geile, Ms. O'neill stated the
applicant indicated he did have bottled water available for patrons and there is a chlorinator on the well,
Minutes, April 7, 2003 2003-0919
Page 4 BC0016
so she believes the public health risk this weekend was minimal. However, the long-term use needs to be
reviewed and approved. She stated the applicant indicated he thought the State had approved the well
permit for a community water system. She further stated the applicant did submit samples, which were
analyzed, and he may have misunderstood what the final approval entailed. Mr. Rief stated he does not
feel the patrons were at risk for the weekend based on the septic system. He stated the applicant indicated
he understood that all these issues had been taken care of. Commissioner Vaad commented the engineer
did two separate reviews based on different capacity numbers and loads. Steve Wiatrowski, Department
of Public Health and Environment, stated the original design was received in 2001, and based on numbers
provided by the applicant,the flow amounts were determined. He clarified that this system already exists,
but needs to be adapted to serve the number of meals and patrons anticipated. He further stated the Board
of Health approved the proposal based on the understanding that there would not be a dance hall or night
club. He stated the engineer submitted a subsequent review indicating the system was adequate based
on revised information provided by the applicant. Mr. Wiatrowski further stated at this point the applicant
must modify the system to adequately support the number of people anticipated by completing a Site
Review though the State, or he must limit the number patrons and meals served. In response to
Commissioner Masden, Ms. O'Neill stated the water well will be reviewed by the State and will likely need
an additional system to filter the Nitrates from the water, in addition to the chlorinator that is already
installed, as well as other requirements. Responding to Commissioner Vaad, Mr. Barker stated the
regulations stipulate the Board must find that either there was a deliberate or willful violation, or that the
public health, safety and welfare imperatively requires emergency action. He stated the applicant has an
appointment with staff this afternoon to discuss the septic system and well water, and the Food Service
License is still in effect. Mr. Barker explained the applicant's statements do not come under consideration
today because this is a Summary Finding. He recommended the matter be set for April 21, 2003, at
9:00 a.m., to allow adequate time to notify the applicant, and if the issues of concern are addressed prior
to that time, the matter can be moved to an earlier agenda. Commissioner Vaad to find that the public
health, safety and welfare imperatively requires emergency action resulting in a Temporary Summary
Suspension, and to set a hearing date for April 21, 2003, at 9:00 a.m. Commissioner Geile seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER REQUEST FROM STEVEN KLEN AND LORI GUTTENSTEIN TO PRE-ADVERTISE MINOR
SUBDIVISION FINAL PLAN, MF #609 - MOOREA MANOR: Sheri Lockman, Department of Planning
Services,stated the applicants are requesting pre-advertisement of Minor Subdivision Final Plan, MF#609,
based on reasons which have been delineated in a letter, dated March 26, 2003. Jeff Couch, applicants'
representative, stated Planning Commission hearings are now split between northern and southern Weld
County,which delayed consideration of this application,and pre-advertisement will expedite the remainder
of the review process. Commissioner Vaad moved to approve said request and set a hearing date for
April 30, 2003, at 10:00 a.m. Commissioner Geile seconded the motion, which carried unanimously.
CONSIDER REQUEST FROM LANCE AND JULIE MEINERS TO PRE-ADVERTISE CHANGE OF ZONE,
PZ#1007: Ms. Lockman stated due to a delay in sending referral requests, staff was unable to complete
the necessary comments,which required a postponement of the Planning Commission hearing,therefore,
staff recommends approval of this request. Commissioner Geile moved to approve said request and set
a hearing date for May 14, 2003, at 10:00 a.m. Commissioner Vaad seconded the motion, which carried
unanimously.
FINAL READING OF CODE ORDINANCE #2003-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, AND CHAPTER 26
MIXED USE DEVELOPMENT, OF THE WELD COUNTY CODE-WELD COUNTY ROAD 1 COALITION:
Commissioner Masden moved to read Code Ordinance #2003-1 by title only. Commissioner Geile
seconded the motion, which carried unanimously. Mr. Barker read said title for the record. Monica Mika,
Director of Planning Services, stated staff received one letter from John Folsom, marked Exhibit C, which
Minutes, April 7, 2003 2003-0919
Page 5 BC0016
was submitted for review by the Board and applicant. She stated there are some mathematical errors in
Appendix 22-G; however, the amounts need to be researched further, so the table will be corrected in a
future amendment. Don Leffler, Design Development Consultants,stated the primary issue of concern was
regarding contiguity, which was discussed at second reading, at which time the Board approved the
Ordinance. He concurred that the amounts in Appendix 22-G need to be corrected. No public testimony
was offered concerning this matter. Mr. Leffler reviewed the letter submitted by Mr. Folsom, and stated the
application was started within the proper time frames; however, due to technical issues the files were still
under review when the Longmont Intergovernmental Agreement was approved. He further stated this will
not set a precedent regarding flagpole configurations.
Commissioner Vaad commented the issues proposed by Mr. Folsom were discussed extensively at the
second reading, and the statements do not change his position on this matter, therefore, he moved to
approve Code Ordinance#2003-1 on final reading. Commissioner Masden concurred and seconded the
motion. Commissioner Geile commented he was not present for second reading; however, Mr. Barker
stated that does not impair his ability to vote on this issue because he is familiar with the case. There being
no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances#2003-1 and #2003-3 were approved on final reading.
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COL RADO
ATTEST: LEW r�
1_v , ;v David E. Long, Chair
Weld County Clerk to th o C i- j.\
���� ¢ +�fir ' j 4. Robert D asden, Pro- e
BY:
Deputy Clerk to the rkfI2 4 i< ,e-s,,
i. M. J. Geile
EXCUSED
WilliaJ� m H. rke /
Glenn Vaad U���
Minutes, April 7, 2003 2003-0919
Page 6 BC0016
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