HomeMy WebLinkAbout20013447 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 17, 2001
TAPE #2001-53
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 17, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of December 12, 2001, as printed. Commissioner Jerke seconded the motion, and it carried
unanimously.
ADDITIONS TO AGENDA: Commissioner Vaad moved to add the following to the Agenda: READ
ORDINANCE BY TAPE: Read Ordinance#223-B by tape. The motion was seconded by Commissioner
Masden, and it carried unanimously.
READ ORDINANCE BY TAPE:
READ ORDINANCE #223-B BY TAPE: Commissioner Long moved to read Ordinance #223-B by tape.
Commissioner Masden seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on December 11, 2001, as follows: 1) Violation Hearings; and Hearings conducted on
December 12, 2001, as follows: 1) Proposed 2002 Proposed Budget for Beebe Draw Law Enforcement
Authority District Board; and 2) 2002 Final Budget Hearing. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-3447
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $962,612.80
Electronic Transfers - All Funds $634.93
Commissioner Masden moved to approve the warrants as presented by Mr.Warden. Commissioner Long
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY ROAD CLOSURE OF WCR 24.5 BETWEEN WCRS 21.5 AND 23; AND
WCR 22 BETWEEN WCRS 17 AND 19: Frank Hempen,Jr., Director of Public Works,stated Weld County
Road 24.5 will be closed for five days to replace a culvert and Weld County Road 22 will be closed for ten
days for a bridge replacement. Commissioner Jerke moved to approve said temporary closures.
Commissioner Masden seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 133 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -
ANTELOPE ENERGY COMPANY, LLC: Mr. Hempen stated under this agreement, Antelope Energy
Company, LLC, agrees to improve and maintain a portion of Weld County Road 133 for access to their
facilities. Commissioner Jerke moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - LANE
AND STAPP CONSTRUCTION, LLC: Mr. Hempen stated under this agreement, Lane and Stapp
Construction, LLC, agrees to upgrade and maintain a portion of Weld County Road 15, north of Weld
County Road 96 for better access to two 40-acre Recorded Exemption parcels with home sites.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion,which
was seconded by Commissioner Jerke, carried unanimously.
CONSIDER CONTRACT FOR VICTIM/WITNESS PROGRAM AND AUTHORIZE CHAIR TO SIGN -
VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD:Gary Rathke, 19th Judicial District Attorney's
Office,stated this contract approves use of grant funds received in the amount of$68,700.00. Responding
to Commissioner Jerke, Mr. Rathke stated the grant funds are generated from defendant and fish and
game penalties. Commissioner Jerke moved to approve said contract and authorize the Chair to sign.
The motion was seconded by Commissioner Masden, and it carried unanimously.
CONSIDER RESOLUTION RE:APPROVE FORM OF STANDARD AGREEMENTS FOR SAMPLING AND
ANALYSIS OF DRINKING WATER AND POLLUTANT DISCHARGE BY THE WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Mr. Barker stated this Resolution will
authorize the Director of the Weld County Department of Public Health and Environment to enter into
agreements for the sampling and analysis of drinking water and pollutant discharge. He stated the only
modification to the form is altering the signature page. Mr. Warden stated this amendment will also be
included in Code Ordinance #2001-8. Commissioner Vaad moved to approve said Resolution.
Commissioner Long seconded the motion, which carried unanimously.
Minutes, December 17, 2001 2001-3447
Page 2 BC0016
CONSIDER TASK ORDER CHANGE ORDER LETTER #1 FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Public Health and Environment, stated under
this Task Order, the Department of Public Health and Environment will provide Tuberculosis outreach
services,for the term beginning January 1, 2002, and ending June 30, 2002. He stated for these services,
the Department will be reimbursed a total not to exceed $99,795. He further stated the funds will allow
increased Tuberculosis screening and evaluations in southern Weld County. Commissioner Masden
moved to approve said Task Order and authorize the Chair to sign. Seconded by Commissioner Jerke,
the motion carried unanimously.
CONSIDER AGREEMENT TO ADMINISTER GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN -
UNITED WAY OF WELD COUNTY: Dr. Wallace stated under this agreement, the Department of Public
Health and Environment will administer the Child Health Plan Plus Program with the same services as last
year. For these services the Department will be reimbursed an amount not to exceed $12,525.00 for the
term beginning November 15,2001,and ending June 30, 2002. He further stated the program will be done
on a smaller basis and staff reduced to a half-time position. Dr. Wallace stated this year the program will
focus on working with businesses which can enroll eligible employees and families, rather than the Health
Department waiting for clients to come in seeking assistance. He stated the monies were granted to
United Way and Weld County is contracting the services on behalf of United Way. In response to
Commissioner Vaad, Dr. Wallace stated United Way has an established connection with small business
which can inform the employees about the Health Plan Plus Program. Commissioner Vaad requested a
report on the status of the program after it is established. Responding to Commissioner Jerke, Dr.Wallace
stated these funds were granted by the Rose Community Foundation, which is a private organization. In
response to Chair Geile, Dr. Wallace stated the program focuses on various sites in Weld County, and the
clients must be denied Medicaid before they are eligible for this program. Commissioner Masden moved
to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Vaad, carried unanimously.
CONSIDER AMENDMENT TO AGREEMENT TO ADMINISTER GRANT FUNDS AND AUTHORIZE
CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Dr. Wallace stated this is amendment to the
original agreement to administer funds for United Way. He explained the initial term expired September
15, 2001, and this amendment will allow the Department to receive payment for services provided until
November 15, 2001. Commissioner Jerke moved to approve said amendment and authorize the Chair to
sign. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD:
Commissioner Vaad moved to appoint Kenneth Nickerson, and reappoint Dora Johnson, Ron Klaphake,
Fernando Rodriquez, Shanon O'Connor, Edward Rubadue, and William Garcia to the Workforce
Development Board,with terms expiring December 31, 2004. Commissioner Jerke seconded the motion,
which carried unanimously.
CONSIDER APPOINTMENT TO BOARD OF ADJUSTMENT: CommissionerJerke moved to appoint Larry
Wilson to the Board of Adjustment, with a term expiring December 31, 2003. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENT TO WELD-LARIMER LOAN REVIEW COMMITTEE: In response to
Commissioner Jerke, Mr. Warden explained this is a joint program with Larimer County under which they
receive community development block grant funds for community development for areas outside of
Greeley, Loveland and Fort Collins. He stated once the funds and interest have been repaid, they can be
re-loaned to small businesses. He stated the review committee makes recommendations to EDAP
regarding which business loans should be granted. Commissioner Vaad moved to reappoint Larry
Minutes, December 17, 2001 2001-3447
Page 3 BC0016
Seastrom to the Weld-Larimer Loan Review Committee, with a term expiring December 31, 2004.
Commissioner Jerke seconded the motion, which carried unanimously.
CONSIDER REAPPOINTMENTS TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD:
Commissioner Vaad moved to reappoint John Michael and Tom Bizzell to the 911 Emergency Telephone
Service Authority Board,with terms expiring January 13,2004. Commissioner Long seconded the motion,
which carried unanimously.
CONSIDER RESOLUTION RE: APPOINT WELD COUNTY TREASURER: Chair Geile stated Art Willis
recently resigned as the Weld County Treasurer, therefore, the Board conducted various interviews to fill
the vacancy for the remainder of the term. He stated the Board has selected Donald D. Mueller to help
reorganize the Department and establish the future organization. Mr. Mueller confirmed that he is ready
and willing to serve and assist in this situation. Commissioner Masden moved to appoint Donald D. Mueller
as the Weld County Treasurer, to fill the vacancy, with the appointment being effective January 1, 2002,
and ending December 31, 2002. Commissioner Jerke seconded the motion,which carried unanimously.
CONSIDER RESOLUTION RE: 2002 AMOUNT TO BE PAID FOR INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Mr.Warden stated this agreement has been renewed each year since 1984.
He stated this year the Board has established a budget for this agreement in the amount of$322,718, as
well as $3,000 for capital improvements. In response to Commissioners Jerke and Vaad, Mr. Warden
stated these are trust fund dollars which will be used for the new Exhibition Building. Commissioner Vaad
moved to approve said Resolution. Commissioner Masden seconded the motion, which carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - A KID'S PLACE:
Mr. Warden stated the County will reimburse A Kid's Place, in the amount of$11,000, to investigate cases
of child abuse and neglect. Commissioner Vaad moved to approve said Memorandum of Agreement and
authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY
SENIOR CITIZEN COORDINATORS: Mr. Warden stated the County will reimburse Weld County Senior
Citizens Coordinators, in the amount of $12,500, for senior citizen centers to provide senior services.
Responding to Commissioner Vaad, Mr. Warden stated this funding is separate from the mini-grants
distributed through the Department of Human Services. He explained these funds are generated from
property taxes, and they will be divided equally among the senior centers to cover various operating
expenses. He further stated the County has been participating in this program since the early 1980's, the
amount has only increased from $10,000 to $12,500. Commissioner Vaad moved to approve said
Memorandum of Agreement, and authorize the Chair to sign. The motion, which was seconded by
Commissioner Long, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTENNIAL
DEVELOPMENTAL SERVICES, INC.: Mr. Warden stated the County will reimburse Centennial
Development Services, Inc., an amount not to exceed $46,125, to improve developmental disability
services. Mr. Warden stated most of the funds come from the State, some counties dedicate a mill levy
to support community centers, and this does not require a local match. Commissioner Long moved to
approve said Memorandum of Agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
Minutes, December 17, 2001 2001-3447
Page 4 BC0016
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -RADIO READING
SERVICE OF THE ROCKIES: Mr. Warden stated the County will reimburse Radio Reading Service of the
Rockies, in the amount of$7,500, to provide the visually impaired with equipment. Commissioner Vaad
moved to approve said Memorandum of Agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY
CONVENTION AND VISITORS BUREAU: Mr. Warden stated the County will reimburse Weld County the
Greeley Convention and Visitors Bureau, in the amount of$5,000, to promote tourism and use of the new
Farm Show Building. Commissioner Long moved to approve said Memorandum of Agreement, and
authorize the Chair to sign. The motion, which was seconded by Commissioner Vaad, carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREELEY-WELD
ECONOMIC DEVELOPMENT ACTION PARTNERSHIP: Mr. Warden stated the County will reimburse
Greeley-Weld Economic Development Action Partnership (EDAP) an amount not to exceed $100,000, to
improve economic development services. Mr. Warden stated this funding amount is less than last year;
however, there has been an increase private donors which contribute approximately 50 percent of the
funds. Responding to Commissioner Masden, Chair Geile reviewed the various locations where funds
have been used for economic development. Commissioner Vaad moved to approve said Memorandum
of Agreement and authorize the Chair to sign. The motion was seconded by Commissioner Masden, and
it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-HUMANE SOCIETY
OF WELD COUNTY: Mr. Warden stated the County will reimburse the Humane Society of Weld County
an amount not to exceed $90,000. He stated it will cost the County $100 for each impounded animal.
Responding to Commissioner Jerke, Mr. Warden stated Weld County, the City of Greeley and the City of
Evans each have a representative on the Board for the Humane Society. He also clarified paragraph#17
of the Agreement needs to be corrected to replace "$72,881.04" with "$90,000." Commissioner Long
moved to approve said Memorandum of Agreement,with the modification to paragraph#17 as discussed,
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - OUTREACH
UNITED RESOURCES: Mr. Warden stated the County will reimburse Outreach United Resources an
amount not to exceed $8,000, for referral and emergency assistance in Southwest Weld County.
Commissioner Vaad commented this program has been very beneficial in southern weld county because
it is so far from most County services. Commissioner Vaad moved to approve said Memorandum of
Agreement, and authorize the Chair to sign. The motion,which was seconded by Commissioner Masden,
carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE
BEHAVIORAL HEALTH: Mr.Warden stated the County will reimburse North Range Behavioral Health an
amount not to exceed $91,875.00, to provide mental health services to Weld County citizens. He stated
the program is funded with General Fund property tax dollars. Commissioner Jerke commented a bulk
of funds come from State and Federal sources. Mr. Warden explained this program supplements Social
Services programs to help reduce waiting periods and holds down costs, and there is no County match
required. Commissioner Long moved to approve said Memorandum of Agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Vaad, and it carried unanimously.
Minutes, December 17, 2001 2001-3447
Page 5 BC0016
CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - SUICIDE
EDUCATION AND SUPPORT SERVICES:Mr.Warden stated the County will reimburse Suicide Education
and Support Services an amount not to exceed $15,000, for this year only. Commissioner Vaad moved
to approve said Memorandum of Agreement and authorize the Chair to sign. Commissioner Long
seconded the motion. Chair Geile commented this organization has gained strength and the presentation
of information has been beneficial to a lot of people. Upon a call for the vote, the motion carried four to
one, with Commissioner Jerke opposed.
CONSIDER ADDENDUM#5 FOR 2002 SERVICE FEES AND AUTHORIZE CHAIR TO SIGN-COUNTY
TECHNICAL SERVICES, INC.: Mr. Warden stated Weld County is self-insured for Workers
Compensation, and the fee will remain the same as last year, in the amount of$18,010. Commissioner
Vaad moved to approve said Addendum #5 and authorize the Chair to sign. The motion, which was
seconded by Commissioner Jerke, carried unanimously.
CONSIDER GOOD FAITH COMPLIANCE AMENDMENT TO 401K SAVINGS PLAN FOR ECONOMIC
GROWTH AND TAX RELIEF RECONCILIATION ACT OF 2001 AND AUTHORIZE CHAIR TO SIGN: Mr.
Warden stated this amendment will bring the 401K Savings Plan into compliance with changes made under
a new tax bill passed last August. He stated there will be increased compensation limits, individuals will
be able to donate, people can contribute more once over the age of 50, direct roll-overs will be allowed
from other plans, etc. Mr. Warden stated this plan is as liberal as the statutes allow, while still having low
costs to the County. Commissioner Masden moved to approve said amendment and authorize the Chair
to sign. Commissioner Jerke seconded the motion, which carried unanimously.
EMERGENCY ORDINANCE#223-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR
THE YEAR 2001: Mr. Warden stated the Ordinance has been read by tape, and he explained there is
generally two supplemental appropriations each year. He submitted a summary of the Supplemental
Appropriation items, which he reviewed for the record. In response to Commissioner Jerke, Mr. Warden
stated these adjustments will be made to the 2001 Budget, with the exception of property tax revenues,
which is prohibited by law. Mr. Warden stated typically the budget does not increase; the funds are just
moved for more appropriate use, and all changes are indicated in the line-item budget. No public
testimony was offered concerning this matter. Commissioner Vaad moved to approve Ordinance#223-B
on an emergency basis. Commissioner Jerke seconded the motion, which carried unanimously.
FINAL READING OF CODE ORDINANCE #2001-8, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 5 REVENUE AND
FINANCE, CHAPTER 9 INFORMATION SERVICES, AND CHAPTER 23 ZONING, OF THE WELD
COUNTY CODE: Commissioner Vaad moved to read Code Ordinance #2001-8 by title only.
Commissioner Long seconded the motion, which carried unanimously. Mr. Barker read said title for the
record and stated earlier in this meeting the Board passed a Resolution approving the form of the
Agreements for Sampling and Analysis of Water and Pollutant Discharge and authorizing the Director of
the Department of Public Health and Environment to sign said agreements without approval from the
Board. Mr. Barker stated that change will also be reflected in this Code Ordinance and that is the only
change since second reading. No public testimony was offered concerning this matter. Commissioner
Vaad moved to approve Code Ordinance #2001-8 on final reading. Commissioner Jerke seconded the
motion, which carried unanimously.
Minutes, December 17, 2001 2001-3447
Page 6 BC0016
PLANNING:
CONSIDER PARTIAL RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,
S#605-ALBERT CHALLENGER: Kim Ogle, Department of Planning Services, stated Albert Challenger
has requested a partial release of the collateral. He originally submitted two deeds of trust,one for Lots 1,
3, 4 and 5, and one for Lot 2. Mr. Ogle stated the County Attorney's Office has reviewed the appraisal for
Lot 2 and finds its value is sufficient to cover the remaining improvement costs. Don Carroll, Department
of Public Works, concurred there are adequate funds to cover the project, and he will oversee the
construction as it progresses. In response to Chair Geile, Mr. Ogle stated the estimated cost of
improvements totals$142,650. Commissioner Vaad moved to approve said partial release. Commissioner
Long seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #223-B was approved on an emergency basis and Code Ordinance #2001-8 was
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 10:05 a.m.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: 7� � D/ / /� j D.U.0
1 . J. eile, Chair
Weld County Clerk tot O 3
�w 1 Glenn VadPro-Teiir—
BY: y a
Deputy Clerk to the Boar: I' /I,C i
Wier
Ct�
av'd E. Long
Robert D. M sden
Minutes, December 17, 2001 2001-3447
Page 7 BC0016
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