HomeMy WebLinkAbout20132371.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 19, 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 19, 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
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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 14, 2013, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on August 14, 2013, as follows: 1) USR13-0025 - SLW Ranch Company, c/o DCP
Midstream, LP, and 2) USR13-0026 - DCP Midstream, LP. Commissioner Freeman 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, SHERIFF'S OFFICE - DOUGLAS GREIN: Chair Garcia read
the certificate for the record. Sheriff John Cooke reminisced about Mr. Grein's time with the Sheriff's
Office. Mr. Grien thanked Sheriff Cooke and said he would miss his friends/co-workers. The Sheriff
and the Board thanked Mr. Grein for his 24 years of service.
a 2) RECOGNITION OF SERVICES, SHERIFF'S OFFICE — RONALD LADD: Chair Garcia read
the certificate for the record. Sheriff Cooke introduced Mr. Ladd and praised him for long career with
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the Sheriff's Office as a Corrections Officer (Special Needs Unit). Chair Garcia said his may have been
the hardest job in Weld County. Mr. Ladd thanked Sheriff Cooke and the Board.
3) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - LESLIE ESCH: Chair Garcia read the
certificate for the record. Sheriff Cooke spoke about Mr. Esch's career; he was also in Corrections and
in Master Control since 2000. Mr. Ladd said he had some good times with some good people and,
though he won't miss it, it was an experience. The Sheriff and the Board thanked Mr. Ladd for his
years of service.
a PUBLIC INPUT: No public input was given.
BIDS:
1) PRESENT BID #B1300145, TAX PAYMENT PROCESSING SYSTEM - TREASURER'S
OFFICE: Trevor Jiricek, Director of General Services, presented the bid, which has three vendors and
will be brought back before the Board with a recommendation from staff on September 4, 2013. John
LeFebvre, Treasurer, explained that finding a remittance processor is difficult because it is very
specialized equipment. He said they were actually pleased to have three bids, outlined how the system
works and saves time, and explained a previously contracted in -state company was acquired by an
out-of-state company, so there is no longer in -state competition.
NEW BUSINESS:
1) CONSIDER GRANT CONTRACT FOR THE FOOD SYSTEM DEVELOPMENT PROJECT
AND AUTHORIZE CHAIR TO SIGN COLORADO HEALTH FOUNDATION: Dr. Mark Wallace,
Director of Department of Public Health and Environment, explained this is a contract renewal for a
fourth series of funding for a local food hub network comprised of local farmers, the food bank, and
school kitchens. In response to Commissioner Conway, he said this is tied into the Buy Local Program.
In response to Commissioner Rademacher, he said this is used by District 6 and the participants are
hoping it will spread as demand rises. Commissioner Rademacher moved to approve said contract and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously. Chair Garcia stated this is a great program.
2) CONSIDER FY 2014 SINGLE ENTRY POINT CONTRACT AND AUTHORIZE CHAIR TO
SIGN - COLORADO DEPARTMENT OF HEALTH CARE POLICY AND FINANCING: Judy Griego,
Director of the Department of Human Services, noted staff was successful in making necessary
changes to the original contract for the resolution of unacceptable demands. She said this will allow the
county to continue to administer the Long -Term Care Program. Commissioner Kirkmeyer made note of
changes coming in 2016 mandated by the State of Colorado. She stated the State of Colorado did not
consult with any of its counties and also made the changes at the last minute. She also said that Kevin
Patterson, of the Governor's Office, during the CCI conference in June, had said he would get back to
the Commissioners with a response on this issue, and the Board is still waiting. Commissioner Conway
noted the State did not consult with the Joint Budget Committee about what the State was going to do
to offset these unfunded mandates either. He also thanked Bruce Barker and Bob Choate, County
Attorneys, for their work to lessen the contract's negative impact on the County. Commissioner
Conway moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner
Freeman, the motion carried unanimously.
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3) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR JULY, 2013, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of the
Department of Buildings and Grounds, introduced the report. In response to Commissioner Conway he
said David Fry, Assistant Veterans Services Officer, will be leaving soon for another position, but the
transition should go smoothly. Commissioner Conway moved to approve said report and certification of
pay and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried
unanimously.
4) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND
APPROVE SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES: Barbara Connolly,
Controller, recommended approval. Commissioner Rademacher moved to approve said declaration,
and sale at auction. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
a 5) CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
INTERACTIVE PROCUREMENT TECHNOLOGIES BY BIDNET: Mr. Jiricek stated this agreement is
for the use of a web -based solicitation system and online bidding process via International Database
Corporation dba Interactive Procurement Technologies by Bidnet, and also known as Rocky Mountain
Emergency. There is no cost to the county. Commissioner Conway noted this will save the taxpayers'
money by getting notifications out earlier so more can participate in the bidding process.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
a 6) CONSIDER AMENDMENT TO OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SE1/4 SW1/4 AND LOT 2 [OR W1/2 SW1/4], S18, T1N, R66W) - KERR-MCGEE OIL AND GAS
ONSHORE, LP: Esther Gesick, Deputy Clerk to the Board, gave a detailed history of this lease, and
explained that the County became a party to this lease via a deed for a small segment of county road
right-of-way. Now, due to anticipated pooling, there may be increased royalties on this small lot.
Commissioner Conway moved to approve said amendment and authorize the Chair to sign. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
la 7) CONSIDER TEMPORARY CLOSURE OF CR 73 BETWEEN CR 18 AND FRONT STREET:
Janet Carter, Department of Public Works, reviewed the temporary road closure for a railroad crossing
repair. She said there is a lengthy detour and area citizens have been contacted. In response to
Commissioner Conway, Ms. Carter said area schools are notified weekly of current and pending road
closures. Commissioner Kirkmeyer moved to approve said temporary road closure. The motion was
seconded by Commissioner Conway, and it carried unanimously.
a 8) CONSIDER TEMPORARY EMERGENCY CLOSURE OF CR 69 BETWEEN CRS 68 AND 74:
Ms. Carter reviewed a temporary road closure due to standing water across the road. She said staff is
pumping floodwater off the road because there is no place for the water to drain. She noted this will
inconvenience oil and gas traffic but no private citizens. Commissioner Freeman moved to approve said
temporary emergency road closure. The motion was seconded by Commissioner Rademacher, and it
carried unanimously.
ER 9) CONSIDER TEMPORARY EMERGENCY CLOSURE OF CR 62 BETWEEN CRS 25 AND 27:
Ms. Carter, Department of Public Works, reviewed another temporary road closure due to standing
water across the road. She said the road will be open today due to staff pumping over the weekend.
Commissioner Conway moved to approve said temporary emergency road closure. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
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10) CONSIDER INSTALLATION OF TEMPORARY TRAFFIC CONTROL DEVICES ON CR 49
FROM CR 22 TO CR 26: Ms. Carter reviewed a request for installation of temporary traffic control
devices during paving and due to uneven pavement. The speed limit will be 45 mph, from August 26 to
September 6, for the safety of the traveling public. Commissioner Rademacher moved to approve said
temporary traffic control devices. The motion was seconded by Commissioner Conway, and it carried
unanimously.
11) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 41 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS — REX
CRAVEN: Leon Sievers, Department of Public Works, said this is the first of two parcels for a bridge
project and reviewed the compensation. He said the seller is greatly looking forward to having wider
bridges. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
12) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 41 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
LOWER LATHAM RESERVOIR COMPANY: Mr. Sievers explained this is the second parcel related to
the bridge improvement project and reviewed the compensation. Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
6 13) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 47 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DEWEY AND DOROTHY MARCY:
Mr. Sievers said this purchase is for the CR 49 Extension Project. He reviewed the location and
compensation based on an appraisal. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
la 14) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 55 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - NATALIE ARNOLD: Mr. Sievers noted
that, subsequent to a work session with the Commissioners, he was instructed to deliver a final offer
letter; there was no change to the original offer of $5,700.00, which included reimbursement of
$2,271.00 for trees and a sprinkler system. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
El 15) CONSIDER REFERRAL TO WELD COUNTY ELECTORS AT THE COUNTY ELECTION TO
BE HELD ON NOVEMBER 5, 2013, THE QUESTION OF WHETHER TO PURSUE THE CREATION
OF A 51ST STATE: Bruce Barker, County Attorney, explained the authority of the Board to call a
County Election by notice to the Clerk and Recorder on July 26, 2013. He said the language of this
resolution was influenced by discussion with other interested counties last week. Chair Garcia read the
resolution into the record. Chair Garcia opened the floor for public comment. Joy Breuer, County
resident, said Weld County is not in debt because of guidance from God. She referred to the Phillips
County plan for each county having equal representation at the state level. She said we need to put
God back in our schools, get back to real teaching, and let teachers have more of a voice. She thanked
the Commissioners for listening to the public. She said that the 51st State Initiative comes from coal,
gas, farmers and ranchers, and is not just a fake like the recent pollution event. She stated that the
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federal government should not be allowed to break into our homes, which is in the health plan. She
said homeless people want to be a part of society and want to feel valuable, so entitlement is not the
way to help them. Lastly, she stated that local overnments need more authority; therefore, the federal
and state levels should have less influence. kZ Jeff Hare, County resident, owner of the 51st State
initiative website, Facebook page, and said it has 11,300 followers, who are by -and -large in support of
the initiative. He said that he and others have formed a non-profit organization to support the initiative.
He also started an online petition, submitted into the record as Exhibit A, with four options. He spoke at
length about this issue and read from the Declaration of Independence. Vicki Anderson said she
approves of the idea of putting this on the ballot because she hopes there will be a resounding defeat of
this "absurd proposal". Commissioner Rademacher spoke in support of the ballot initiative.
Commissioner Freeman said the public meetings and phone calls are overwhelmingly in favor of putting
this on the ballot for the citizens to decide. Commissioner Kirkmeyer spoke at length in support of
the resolution and about the disconnect between rural Colorado and large municipalities/state
legislators. Commissioner Conway concurred and said the Board is responding to what
constituents requested of them. Chair Garcia said he wanted to amplify Commissioner Kirkmeyer's
comments on the economy. He spoke about the economy in Russia, and said Weld County residents
should imagine a great county. He spoke about flat tax, decentralization, stronger local control,
personal and business freedoms. Commissioner Conway moved to approve the resolution.
Commissioner Kirkmeyer seconded the motion and it carried unanimously. Commissioner Conway
thanked Chair Garcia for effectively conducting the four public meetings on this issue and maintaining a
courteous environment.
(Clerk's Note: The order of the following Agenda items were rearranged at the request of the County
Commissioner.)
a 17) CONSIDER AMENDMENT TO JULY 7, 2010, INTERGOVERNMENTAL IGA FOR THE
PROVISION OF PUBLIC SAFETY RECORDS MANAGEMENT AND AUTHORIZE CHAIR TO SIGN —
CITY OF GREELEY: Bruce Barker, County Attorney, explained this amendment, which is to transfer
dispatch management over to the County and wrap up the 2010 joint dispatch center agreement with
the City of Greeley by the end of the year. The amendment stipulates that records and evidence will
continue to be managed by the City of Greeley. Mr. Barker noted that Enterprise funds will pay the bills
from now until the end of the year. a Commissioner Kirkmeyer thanked all the staff who worked on
this for the last three years. She said there are 40 entities that participate in the Dispatch Center, the
Communications Board will remain in place (they set the protocols and procedures), and the E911
Emergency Telephone Service Authority Board will also remain in place, which has members from the
City of Greeley. She said the county has spent $1.7 million to upgrade the tower system, and, prior to
that, $5 million, to update the 13 million system. She stated Weld will be one of the first counties to
have text messaging capabilities and takes its responsibilities seriously in providing a quality
emergency communications system for the benefit of everyone. a Commissioner Conway said this
undertaking is in the best interest of the tax payers. He said it is inspiring when government entities
come together to do things more efficiently and cheaper. He reminisced that four years ago he learned
that Weld County had the second oldest emergency telephone system in the nation. He thanked City
Council members Donna Sapienza, Sandi Elder, and Mike Finn. He said it was a rocky road, but
worked out well. Commissioner Conway also thanked Monica Mika, Director of Finance and
Administration, Don Warden, Director of Budget and Management Analysis, County Attorney Bruce
Barker, Commissioners Rademacher and Kirkmeyer, Assistant County Attorney Brad Yatabe, and Mike
Wallace, Director of Communications. Commissioner Rademacher said this project started four years
ago and has had many impediments; he sometimes wondered if this day would ever come and is very
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pleased with the final outcome. Commissioner Freeman thanked his fellow commissioners for their
work getting this to fruition. Commissioner Kirkmeyer moved to approve said agreement amendment
and authorize the Chair to sign. The motion, which was seconded by Commissioner Rademacher,
carried unanimously.
19) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PUBLIC SAFETY DISPATCH
SERVICES AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY: Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded
by Commissioner Rademacher, carried unanimously.
16) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF EVIDENCE
STORAGE AND MANAGEMENT SERVICES AND AUTHORIZE CHAIR TO SIGN — CITY OF
GREELEY: Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Freeman, carried unanimously.
El 18) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF PUBLIC
SAFETY RECORDS MANAGEMENT AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY:
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Kirkmeyer, 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.
La There being no further business, this meeting was adjourned at 10:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD GOIINZY, COLORADO
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
William F. Garcia, Chair
Mike Freeman
Barbara Kirkmeyer
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