HomeMy WebLinkAbout20132434.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 26, 2013
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
Administration Building, Greeley, Colorado, August 26, 2013, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman - EXCUSED
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
(Clerk's Note: There is no audio recording of the first portion of this meeting.)
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 21, 2013, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on August 21, 2013, as follows: 1) USR13-0032, Public Service Company of
Colorado, do Xcel Energy. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - NORMA FRITCHELL:
Chair Garcia read the certificate for the record, and the Board expressed their gratitude for
Ms. Fritchell's 13 years of service to Weld County. Judy Griego, Director of the Department of Human
Services, said Ms. Fritchell "is the nicest person you'd ever want to know," a good community member,
and dedicated to her family. She said she was the department's subject expert for LEAP and Child
Care, and very well -liked; her professionalism and her care in our community was appreciated.
Ms. Fritchell expressed her appreciation for the Department of Social Services; she said they came
Minutes, August 26, 2013 2013-2434
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together through a lot of changes (from one building to three), and she worked in multiple units, the last
seven years in child care, and added that she was appreciative of working for Judy Griego and John
Kruse.
(Clerk's Note: Commissioner Kirkmeyer present at 9:08 a.m. for remainder of the meeting.)
a PUBLIC INPUT: No public input was given.
• COMMISSIONER COORDINATOR REPORTS: Commissioner Conway congratulated David Fry,
outgoing Director of Veteran's Services, on his State Veteran's Service Officer Appointment, and said
the Commissioners are pleased the State of Colorado recognizes his talents. He thanked Mr. Fry for
his service to Weld County Veterans, and the Board concurred that Mr. Fry has done an exceptional job
in the past three years. Toby Taylor, Director of Buildings and Grounds, said Mr. Fry had no crossover
training and endured many challenges as he successfully increased demand for services. He noted
that Deon Harris will be taking on this role. Commissioner Kirkmeyer said the County's loss is the
State's gain and Mr. Fry's dedication has been appreciated; he really took this office to a higher level,
and she asked him to keep in touch regarding his ideas while working at the state level. Commissioner
Rademacher said Mr. Fry will be sorely missed, but will be working for this cause on a larger scale.
BIDS:
• 1) APPROVE BID #B1300141, ENGINEERING DESIGN SERVICES/MOTOR POOL FACILITY -
DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, said
staff recommends the sole bid from A&E Associates in the amount of $30,000.00. Commissioner
Conway moved to approve staff recommendation. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
• 2) PRESENT BID #2013 -PT -2, PUBLICATION OF COMBINED NOTICES - PUBLIC TRUSTEE:
Mr. Jiricek reviewed the purpose of this bid, which has three vendors and will be brought back before
the Board for approval on September 9, 2013.
NEW BUSINESS:
• 1) CONSIDER SOFTWARE -AS -A -SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- COLORADO DRUG ENDANGERED CHILDREN, INC.: Judy Griego, Director of Department of
Human Services, explained this is a non -financial agreement. Coordinating and using this service as a
tool to work with law enforcement and child welfare, with children in the system that have substance
using caregivers, to leverage resources and reduce duplication of effort. She noted the agreement will
be automatically renewed for one-year periods. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
Ea 2) CONSIDER MEMORANDUM OF UNDERSTANDING REGARDING MEDICAID INTAKE
SPECIALIST AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT 6: Ms. Griego explained this
is a continuing agreement for a part-time Medicaid intake specialist working with all District 6 students
at the Centennial School determining eligibility; District 6 will reimburse the County at a cost not to
exceed $2,000 per month. In response to Commissioner Conway, Ms. Griego confirmed
reimbursement covers the total cost. Commissioner Kirkmeyer moved to approve said memorandum of
understanding and authorize the Chair to sign. The motion was seconded by Commissioner Conway,
and it carried unanimously.
Minutes, August 26, 2013 2013-2434
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a 3) CONSIDER GRANT CLOSEOUT SUMMARY FOR VARIOUS WORKFORCE INVESTMENT
ACT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego said the grant closeout packet
contains a reconciled list of revenues and expenses and fully expended grant application funds.
Commissioner Kirkmeyer moved to approve said grant closeout summary and authorize the Chair to
sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
4) CONSIDER TASK ORDER CONTRACT FOR TOBACCO RETAILER INSPECTIONS AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and
Environment, reviewed this renewal contract and explained that Weld County has a regional contract
with the Food and Drug Administration, via the state, for two part-time staff working in concert with
specially trained minors to identify retailers selling tobacco to children. He said the $100,000 grant
award covers the entire expense. In response to Commissioner Conway, Dr. Wallace confirmed these
are all federal pass -through funds. Commissioner Rademacher moved to approve said task order
contract and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried
unanimously.
5) CONSIDER AMENDMENT TO TASK ORDER CONTRACT #1 FOR MATERNAL AND CHILD
HEALTH PROGRAM (MCH) AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace explained this contract
covers four previously separate programs: Early Childhood Obesity Prevention, Health Care for
Children with Special Needs, Health Care for Children with Special Needs — Creating a Medical Home,
and the Adolescent Health and Injury Prevention (which includes Drive Smart). He noted the total
funding for the period would not to exceed $193,008.00, gave a brief description of each and said these
are all ongoing successful programs. Commissioner Rademacher moved to approve said amendment
and authorize the Chair to sign. Commissioner Conway seconded the motion and it carried
unanimously.
6) CONSIDER TEMPORARY CLOSURE OF CR 78 BETWEEN CRS 29 AND 31: Janet Carter,
Department of Public Works, reviewed the temporary road closure for a culvert replacement. In
response to Commissioner Conway, Ms. Carter said the school district is notified ahead of time, as well
as via a weekly report of all closures in the area. Commissioner Kirkmeyer moved to approve said
temporary road closure. The motion, which was seconded by Commissioner Conway, carried
unanimously.
7) CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 47 AND 49: Ms. Carter
reviewed the temporary road closure for a bridge re -deck. Commissioner Rademacher moved to
approve said temporary road closure. The motion, which was seconded by Commissioner Conway,
carried unanimously.
8) CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CRS 27 AND 29: Ms. Carter
reviewed a temporary road closure, on behalf of Suncore Energy, for the repair of an existing 10 -inch
gas -line. Commissioner Conway moved to approve said temporary road closure. The motion, which
was seconded by Commissioner Kirkmeyer, carried unanimously.
a 9) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN — TETRA TECH: Elizabeth Relford, Department of Public Works, explained this agreement is for
the preliminary design of portions of County Road 49. She said Tetra Tec will help with the horizontal
and vertical alignments to 95% assurity, so all present and future projects are using the same baseline
design data, which will save money. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. Commissioner Conway seconded the motion and it carried unanimously.
Minutes, August 26, 2013 2013-2434
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• 10) CONSIDER GRANTING TEMPORARY ASSEMBLY PERMIT TO AMERICAN CANCER
SOCIETY FOR SEPTEMBER 21, 2013: Brad Yatabe, Assistant County Attorney, reviewed this
request for an event in Eaton, Colorado, with 1,000 guests, and 250 staff; security to be provided by the
Sheriff's Office. Mr. Yatabe noted there is a contract pending for Emergency Medical Services. Deputy
Pete Wagner, Sheriff's Office, said the number of volunteers seems sufficient and there are no
concerns regarding approval. Nancy Clark, Distinguished Events Director of the American Cancer
Society, said the Cattle Baron's Ball is in its 21st year. She said Banner Health/NCMC has been
contracted for ambulance services. Ms. Clark said this will be a fun and safe event; our goal is to save
lives and to make cancer a doable diagnosis. In response to Commissioner Conway, she said this
event has raised $4.178 million since its inception, for research, prevention and early detection.
Commissioner Rademacher moved to approve said permit. Seconded by Commissioner Kirkmeyer,
the motion carried unanimously. Commissioner Conway said that this is a premier Colorado event
which touches cancer patients and survivors, and their families, across the state, and Ms. Clark
confirmed this year's event is sold -out. The Board commended Ms. Clark for overseeing this event for
the past 17 years of its 20"year history.
r---- 11) CONSIDER GRANTING SPECIAL EVENTS PERMIT TO AMERICAN CANCER SOCIETY
AND AUTHORIZE CHAIR TO SIGN: Mr. Yatabe reviewed this request, associated with the previous
item, and said there will be professional bartenders, wrist bands, and security seems sufficient. Deputy
Wagner said this has been reviewed, and the Sheriff's Office will have a presence at the event, so they
have no concerns. Commissioner Conway moved to approve said permit and authorize the Chair to
sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
• 12) CONSIDER GRANTING TEMPORARY ASSEMBLY PERMIT TO MEAD ROTARY CLUB
FOUNDATION FOR SEPTEMBER 28, 2013: Mr. Yatabe reviewed the Sugar Beet Festival event
request for the record and noted insurance is in place and the applicant requests no bond (as the
property owner will be responsible for any clean-up and a bond has not been required for this event in
the past). He said Mountain View Fire, was notified, but will not be on -site, unless they have a booth
set-up at the event and security is contracted from 10:00 a.m. - 4:00 p.m., but the event is listed from
8:00 a.m. - 5:00 p.m. In response to Chair Garcia, Mr. Yatabe said in prior years no bond was posted
for this event. Deputy Wagner echoed Mr. Yatabe's concerns about the hours of security, but stated no
other concerns. Terry Enright, applicant, stated this is the 8th annual event and support received from
Weld County and staff is appreciated. He reviewed some of their charitable projects and stated the
contract for security will be amended as requested. Mr. Yatabe explained that the requirement is for an
ambulance onsite. Mr. Enright said this is the first he has heard of this requirement, and Commissioner
Conway concurred that was not necessary. Commissioner Rademacher commented that Mountain
View Fire is involved and the Fire Chief is a member of the Mead Rotary Club. Commissioner Conway
commended the applicant for their good works and moved to approve said permit, with the expanded
security hours. Seconded by Commissioner Rademacher, the motion carried unanimously.
• 13) CONSIDER GRANTING SPECIAL EVENTS PERMIT TO MEAD ROTARY CLUB
FOUNDATION AND AUTHORIZE CHAIR TO SIGN: Mr. Yatabe reviewed this request for a special
events permit, associated with the previous item. He said Rotary Club volunteers would be checking
I.D. and selling 3.2 percent malted beverage. Deputy Wagner said the Sheriff's Office had no concerns
and recommended approval. Commissioner Rademacher moved to approve said permit and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, August 26, 2013 2013-2434
Page 4 BC0016
`"= 14) CONSIDER GRANTING TEMPORARY ASSEMBLY PERMIT TO RUBEN GUARDIOLA FOR
SEPTEMBER 14 AND 15, 2013: Mr. Yatabe introduced this application for a horse -racing event near
the Town of LaSalle. Mr. Yatabe noted the applicant has submitted a valid lease, a $3,000.00 bond,
they are making provisions for an on -call vet and security, they submitted an unsigned paramedic
contract, and one concern is that the application lists attendance of approximately 1,500, but also says
open field and unknown attendance. Mr. Yatabe noted there should be five more portable toilets than
the ten listed, the code requires one for every 100 people, and there should be some on each side of
the track. In response to Commissioner Kirkmeyer, Mr. Yatabe clarified that the event will be located
on County Road 53. Deputy Wagner asked for the location of the toilet facilities and the helicopter
landing pad on the map; he stated the Sheriff's Office needs to see a signed certificate of liability, a
signed paramedic contract, signed security contracts and the contracts for portable toilets before
recommending approval. Commissioner Kirkmeyer noted that Deputy Lisa Carpenter put nine items in
the application, so many of these are satisfied. Ruben Guardiola, and his son, Ruben Guardiola,
Jr., confirmed there is one toilet for every hundred people, so there will be 15. In response to
Commissioner Kirkmeyer, he said a contract for toilets was faxed to the Clerk to the Board, but Mr.
Yatabe said the contract was only for 10 portables. Mr. Guardiola said the toilets are spread out along
the perimeter of the track, approximately every 50 feet. There was discussion regarding the ADA
compliant toilet locations. He said that security will be provided by J and J Escort, and this contract
was submitted. Commissioner Kirkmeyer stated concern that there is apparently a need for 10 armed
security officers at a horse race that is supposed to be for families. Mr. Yatabe confirmed the Code
does not require armed officers. Deputy Wagner confirmed there has not been a prior call -out to prior
events. Commissioner Kirkmeyer said there is a security letter in the application, but no contract.
Mr. Guardiola said the contract is pending approval from the Board. In response to Chair Garcia,
Mr. Guardiola said clickers will be used to count the attendees coming and going and the gates will be
closed at capacity. In response to Commissioner Kirkmeyer, Mr. Guardiola said there will be no
advertising of the event, and more than 1,500 people are definitely not anticipated, so it is unlikely
traffic will be a problem. Commissioner Kirkmeyer noted the locations and the certificate of liability are
confusing. After discussion, it was clarified that the event will be held alongside CR 36, but the
entrance will be on property off of CR 53.= Commissioner Kirkmeyer questioned the applicants
regarding a traffic control plan, the provision of bottled water, trash receptacles, and how the animals
would be watered. Mr. Guardiola stated bottled water will be for sale, there will be two food vendors,
and 10 trash receptacles. In response to Commissioner Kirkmeyer comment, Mr. Guardiola said a
300 -gallon tank will be provided to supply approximately 70 horses per day; he noted the horses won't
stay there all day long. Commissioner Kirkmeyer noted there is nothing accurate in the record
regarding a contract with Banner for EMT Services. She said the applicants need to speak with the
Platte Valley Fire Department and with Roy Rudisill, Director of the Office of Emergency Management,
and they need an Emergency Action Plan. She also noted that the lease has incorrect dates on it, the
building inspector has an unspecified issue, and the Sheriff's Office has a note that they have received
complaints. Mr. Yatabe addressed the site questions. Roy Rudisill said he did provide Platte Valley
Fire District with a copy of the application and his understanding was that they have a current
agreement in progress. In response to Commissioner Kirkmeyer, Mr. Guardiola described the security
fence. La Art Gutterson, neighbor, said the applicant's have horse races on the property often,
sometimes every weekend, with traffic, dust, gambling, drugs, drinking, trash and gun shots. He said
there is no way to control the amount of people coming onto the property. He stated that Bethany
Salzman, Zoning Compliance Officer, has issued violations; it has been going on for at least six years
and has been featured on local news. He also expressed concern there will be partying all night long
with a two day event. In response to Commissioner Conway, Mr. Gutterson said the Sheriff's Office has
documentation of these issues and Ms. Salzman is also familiar with this property, and the horse
trailers are usually hidden from the road in a draw during other races held on the property without a
permit.
Minutes, August 26, 2013 2013-2434
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Commissioner Kirkmeyer moved to deny said permit. Commissioner Conway seconded the
motion. Commissioner Kirkmeyer said that it concerned her to see 10 armed officers for security,
emails from the Sheriff's office requesting nine outstanding items, no accountability for bottled water,
complaints of reoccurring events, and incorrect lease, and one tank of water for 70 horses. She said
there seems to be no EMT, traffic or safety plan in place, and no plan for ensuring there are only 1,500
people, and that amount is already hard to manage. Commissioner Rademacher said this application
was poorly put together, and is not even at the starting line for an event like this. Commissioner
Conway concurred, saying 1,500 people is a huge event, not something to be taken lightly. Chair
Garcia noted that horse races have been approved in the past, but this application is not up to
standard, and everyone must submit complete applications. He noted it is very rare that there is public
comment on a special events permit. He told Mr. Guardiola that the Board feels that being a good
neighbor is very important, and asked him to communicate with his neighbors and try to make things
right. There being no further discussion, the motion carried unanimously.
02- 15) CONSIDER APPLICATION TO CHANGE, ALTER, OR MODIFY PREMISES AND
AUTHORIZE CHAIR TO SIGN - JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT
AND LOUNGE: Mr. Yatabe reviewed this request to add a kitchen and a beer cooler to this for a
business in Longmont, Colorado; the premises are currently being remodeled and this business is
being sold; time is of the essence because the current holder needs to make the changes before
Wednesday's closing. Commissioner Rademacher moved to approve said application and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
a 16) CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY
OWNED BY WELD COUNTY, COLORADO - E1/2 SE1/4, S24, T8N, R66W: Bruce Barker, County
Attorney, explained that the option to extend the lease goes up to six months as long as they pay 1/3 of
the original bonus, which has been paid, and a required fee of $1.00 per acre for rental. The lease will
expire on April 6, 2013. Commissioner Rademacher moved to approve said extension of lease.
Seconded by Commissioner Conway, the motion carried unanimously.
a 17) CONSIDER UPDATED LIST OF ARBITRATORS FOR PROPERTY VALUATION APPEALS:
Esther Gesick, Deputy Clerk to the Board, reviewed the updated list of approved arbitrators; the
previous list was circa 2009. She said about previous persons who had expressed interest, that one
has one retired and one had a conflict of interest. The new arbitrators, Bill Hyde and Bruce Willard,
indicated their interest in serving and their qualifications were vetted by the Assessor's Office; they are
licensed, registered and experienced. In response to Commissioner Conway, Ms. Gesick said there is
no formal process to apply to be an arbitrator, other than meeting qualifications and having no conflict
of interest. Commissioner Kirkmeyer moved to approve said list. Commissioner Rademacher
seconded the motion and it carried unanimously.
18) CONSIDER CORRECTED RESOLUTION CONCERNING 2013 BOARD OF
EQUALIZATION DECISIONS REGARDING PETITIONER APPEALS: Ms. Gesick explained this
resolution is identical to the one it replaces, with the exception of the removal of three properties in
administrative denial, which were exempted upon clarification of ownership. Commissioner
Rademacher moved to approve said corrected resolution. The motion, which was seconded by
Commissioner Conway, carried unanimously.
Minutes, August 26, 2013 2013-2434
Page 6 BC0016
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.
There being no further business, this meeting was adjourned at 10:36 a.m.
BOARD QPCO NTY COMMISSIONERS
WELDSUN LORADO
ATTEST:
Weld County Clerk to the Board
the Bo
William
Doudlas Ra
Sean P. Conway
EXCUSED
Mike Freeman
arbara Kirkmey, r
Minutes, August 26, 2013 2013-2434
Page 7 BC0016
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