HomeMy WebLinkAbout20131635.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 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, June 26, 2013, at the hour of 9:00 a.m.
a 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 -Tern
Commissioner Sean P. Conway — EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of June 24, 2013, as printed. Commissioner Freeman seconded the motion,
and it 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 Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
(Clerk's Note: Commissioner Conway arrived at 9:06)
a COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher reported that ten
counties met in Eastern Colorado and had a lively discussion for two hours about the 51st State issue.
They will meet again in a couple weeks, and bring in more counties from neighboring states, on July 8,
at 2 p.m. in Akron, Colorado. La Commissioner Conway said he went to the Global Resource Center
open house. Yesterday he attended a meeting on fracking hosted by the Unitarian Church in Greeley
and expressed disappointment that the program was not balanced, some of the facts were wrong, and
there were few Greeley residents there. He noted that representatives from Fort Collins and Longmont
were in the program while Representative Young remained in the audience. Commissioner Conway
also talked about upcoming oil and gas reports and studies.
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a PRESENTATIONS:
1) RECOGNITION OF SERVICES, PARAMEDIC SERVICE - JED SWANK: Chair Garcia read the
certificate for the record. Mr. Swank has been a paramedic in Weld County since 1978. Dave Bressler,
Banner Health NCMC Paramedics, reminisced about working with Mr. Swank and said he was the most
experienced and seasoned paramedic in the history of Weld County. Mr. Swank said he has enjoyed
his 35 years with the County. The Board thanked him for his public service and professionalism, and
on behalf of all the people who have their health and/or their lives thanks to him.
BIDS:
e 1) APPROVE BID #61300118, DACONO GRADER SHED SEWER LINE - DEPARTMENT OF
BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, explained this bid is to
install a sewer line from the Dacono Grader Shed/Household Hazardous Waste Facility to the St. Vrain
sewer system. Staff recommends the low bid from Buxman Excavating, in the amount of $32,350.00.
Commissioner Rademacher noted the start date should be timely, and moved to approve said bid as
recommended by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
2) PRESENT BID #B1300030, WCR #23-SH #392 INTERSECTION IMPROVEMENTS,
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek introduced the bid, which has four vendors and will
be brought back before the Board with staff's recommendation on July 10, 2013.
OLD BUSINESS:
1) CONSIDER CONTRACT FOR VICTIM SERVICES FUNDING AND AUTHORIZE CHAIR TO
SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD (CON'T FROM
6/24/2013): Donny Patch, Sheriff's Office, explained this contract finalizes the funding from this grant in
the amount of $6,868.00. More was requested, but this is the same amount that was funded for the last
2-3 years. In response to Commissioner Conway, Deputy Patch said he estimates the unit aids around
1,215 clients. The victim advocates respond to tramatic events, provide crisis intervention, and direct
victim's to resources and compensation, counseling, etc. Commissioner Conway moved to approve
said contract and authorize Chair to sign. Commissioner Rademacher seconded the motion and it
carried unanimously.
NEW BUSINESS:
a 1) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Tina Booton, Department of Public Works, Pest and Weed Division,
explained the need for entry upon private land for the control of noxious weeds, and reviewed the
methods used to contact unresponsive land owners. In response to Commissioner Rademacher, Ms.
Booten said these have all been problem properties in the past as well. Commissioner Rademacher
moved to approve said entry. Commissioner Conway seconded the motion and it carried unanimously.
Minutes, June 26, 2013 2013-1635
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2) CONSIDER INSTALLATION OF TEMPORARY TRAFFIC CONTROL DEVICES ON CR 29
ALONG STATE HIGHWAY 14 DETOUR ROUTE: Janet Carter, Department of Public Works, explained
these signs are a safety measure in response to increased traffic on the country roads detour route
from CDOT's work on State Highway 14. Ms. Carter said an updated flyer was mailed by CDOT to
concerned citizens in the area. The County and CDOT also came to a dust abatement agreement:
every Tuesday a magnesium chloride application will be put down, and the County will be reimbursed.
In response to Commissioner Freeman, Ms. Carter agreed to amend the resolution to mention an
additional temporary four-way stop at CRs 25 and 84. Commissioner Freeman moved to amend. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Commissioner Conway
said that the Department of Public Works has been very proactive in responding to this situation, which
was created by CDOT. Commissioner Kirkmeyer moved to approve said installations, as amended.
The motion was seconded by Commissioner Conway, and it carried unanimously.
e 3) CONSIDER LETTER OF AGREEMENT CONCERNING USE OF COMMUNITY
CORRECTIONS FACILITY AS 'COMMUNITY RETURN TO CUSTODY' FACILITY AND AUTHORIZE
CHAIR TO SIGN - INTERVENTION COMMUNITY CORRECTIONS SERVICES (ICCS): Doug Erler,
Director of Justice Services, said he is here on behalf of the Community Corrections Board. ICCS has
requested to use the facility to house parole violators, and awarded 15 beds contingent upon the
Board's approval. The Corrections Board recommend approval contingent upon certain conditions
outlined in a draft letter, included for the Board's review.
a In response to Commissioner Kirkmeyer, Mr. Erler referred to the conditions in the letter and said
requested limits on the type of parolees accepted are still being honored. a Michael Roarke,
Assistant District Attorney, noted he was not before the Board in his capacity as Vice Chair of the
Community Corrections Board, because he speaks for the minority opinion. He requested that the
Board reject this resolution, explaining there is a tension between the need for this type of program,
which beneficially gives parole officer's additional and immediate sanctions for parole violations;
however, the mechanism by which it would be administered allows for no local control. The
Community Corrections Board does not have input or veto power over the individuals who will be
placed in this facility. Someone in Denver on the Division of Parole would make the decision. The
ICCS program staff can express a concern, but only after the fact. Mr. Roarke also noted that currently
there is no head of Adult Parole/Community Corrections in Denver and referenced changes in staff and
policies. He expressed a lack of trust in the leadership currently available, but said he trusts local staff
and the local program. El In response to Commissioner Kirkmeyer, Mr. Roarke said this program is
being utilized in other parts of the State, in this established manner. Because the purpose is to give
parol officers an immediate sanction, it is doubtful that a compromise could be reached. a In
response to Commissioner Rademacher, Mr. Erler addressed enforcement options, stating the
cancellation of the lease agreement and/or subcontract would be the only options if it was not working.
El Commissioner Kirkmeyer asked what unintended consequences could occur if this was not
approved. Mr. Roarke said that eligible participants for the program would not be housed in a Weld
County Community Return to Custody Facility (CRCF), but in some other county, which could disrupt
their employment. In response to Commissioner Conway, Mr. Rourke said he has not studied the
Jefferson County model, and said this may be a valuable program for public safety, but without veto
power it is unacceptable. Greg Tilden, the Executive Director of Intervention Community
Corrections Services (ICCS), said that he fully respects Mr. Roark's concerns. He said the success
rate of these clients is about half and the goal is to let them remain in their home districts. He detailed
the program and said only Weld County parolees will be accepted.
Minutes, June 26, 2013 2013-1635
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El In response to Commissioner Kirkmeyer, he said the law was not written so that local boards
could have veto power. The state law reads that it is an automatic return to the nearest Community
Return to Custody Facility. Mr. Roarke disagreed, asserting the statute is open to interpretation, and
that is how the Department of Corrections is interpreting it. Mr. Roarke noted this is a new program
and perhaps going forward, it will gain more respect for local control. In response to Commissioner
Rademacher, Mr. Erler said this is a five year contract, with yearly renewals, and with a 30 -day
termination clause in the contract.
Commissioner Kirkmeyer said she agreed with Mr. Roarke because the County has invested
funds in this facility and in the Community Corrections Board, so she would ask for a continuance in
order to obtain some local control within the contract. Commissioner Conway concurred. In response
to Chair Garcia, Mr. Erhler said that the contract with ICCS is an independent contract slated to start
July 1, 2013. Mr. Tilden said, in his opinion, the Department of Corrections will want to go forward with
it as written and will not want a review. He said ICCS would sign the contracts with other counties in the
meantime, and try to work something out, but it is unlikely they will agree to additional terms because
the program's purpose was to get people into the program quickly - without a screening process. He
discussed this matter further. ER Commissioner Rademacher expressed doubts, but noted the 30 -
day clause and six-month review are a way out if it doesn't work. Bruce Barker, County Attorney, said
the problem is that these are after the fact. Commissioner Freeman said he does not support this
without local control. Commissioner Kirkmeyer suggested a continuance and requested changes to the
scope of work in the contract to allow for local review and some type of screening by the Community
Corrections Board. She said, "we should trust the system we put in place." Commissioner Conway
said he understands the intent is get people off the street immediately, but the Commissioners have an
obligation to the process that was set up, especially in light of issues going on at the state level.
Chair Garcia concurred that he trusts the ICCS, and the Community Corrections Board and County
Staff, so he would be able to support this, relying on those entities to keep it working. He spoke on the
issue of staff changes at the State level, saying it leads to a distrust of Denver. He said he feels if this
program is being abused it could be removed, but he trusts local staff to watch over the day-to-day
workings. Commissioner Kirkmeyer moved to continue the matter to July 3, 2013. Commissioner
Conway seconded the motion and it carried unanimously. In response to Commissioner Conway, Mr.
Tilden affirmed it is worthwhile to make the effort to work out a compromise.
e 4) CONSIDER LEASE AGREEMENT AND AGREEMENT FOR PROVISION OF COMMUNITY
CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC.:
Commissioner Kirkmeyer moved to continue this matter to July 3, 2013. Commissioner Conway
seconded the motion and it carried unanimously. After some discussion, Commissioner Conway
moved to extend the current contract for an additional three (3) days in order to allow time to
renegotiate said agreements. Commissioner Kirkmeyer seconded the motion and it carried
unanimously.
5) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE FUND GRANT AGREEMENT
FOR CR 49 EXTENSION PROJECT (PHASE 1A) AND AUTHORIZE CHAIR TO SIGN: Monica Mika,
Director of Finance and Administration, acknowledged the receipt of $1 million for beginning this
project, with phases 1B and 2 pending. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
El 6) CONSIDER APPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD:
Commissioner Rademacher moved to approve said appointments. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
Minutes, June 26, 2013 2013-1635
Page 4 BC0016
a 7) CONSIDER REAPPOINTMENTS TO NORTHEAST COLORADO REGIONAL EMERGENCY
AND TRAUMA SERVICES ADVISORY COUNCIL (RETAC): Commissioner Kirkmeyer moved to
approve said reappointments. The motion was seconded by Commissioner Rademacher, and it 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.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY:
Deputy Clerk to the
arbara Kirkmeyer,
EXCUSED DATE OF APPROVAL
William F. C3atcia, Chair
rJcYxwnc
oug/as Radefacher, Pro-Tem
Sean P. Conway
Mike Freeman
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Minutes, June 26, 2013 2013-1635
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