HomeMy WebLinkAbout20131447.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 10, 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 10, 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
Controller, Barbara Connolly
VA MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of June 3, 2013, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PUBLIC INPUT: Joy Brewer, County resident, thanked the Board for their recent actions and
resolutions. She said the recent work session on the gun control issue allowed her to learn more about
the Commissioner's dedication and the work that they do. Commissioner Kirkmeyer replied that talking
with constituents is the best part of being a County Commissioner, and Commissioners Conway and
Freeman concurred. -- Steve Teets, County resident, spoke in regard to his on -going concern with
the quality of First Transit's service (non -emergency medical transportation) in Weld County. He
relayed that his committee, the Citizen's Bus Improvement Committee, wrote Health Care Policy
Finance a letter and got a response from a Medicaid Manager (to whom it had been forwarded) who
said that they were going to try to improve, and Weld Seniors on Disabilities, has invited the Manager of
First Transit to meet with them and Mr. Teets invited the Medicaid representative to that meeting as
well. Secondly, Mr. Teets noted the issue of Northern Colorado becoming a state, and said although he
agrees with the general sentiment, he has apprehension about cost and ramifications.
Minutes, June 10, 2013 2013-1447
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Commissioner Conway asked to be notified when the First Transit meeting occurs and also mentioned
that there will be hearings on the Northern Colorado/51st State issue and public input is encouraged.
El BIDS:
1) PRESENT BID #B1300124, CONDUIT/BORING DISPATCH BUILDING (1551) - DEPARTMENT OF
PHONE SERVICES: Trevor Jiricek, Director of General Services, reviewed this bid, which has one
vendor and will be brought back for approval on June 24, 2013. Commissioner Kirkmeyer noted that
this is specific to phone services for the dispatch center and wondered if the E911 Board should
discuss this bid. Mr. Jiricek agreed to attend an upcoming E911 board meeting.
NEW BUSINESS:
1) CONSIDER NON -FINANCIAL MEMORANDUM OF UNDERSTANDING AND PROTOCOL AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO CHILD ABDUCTION RESPONSE TEAM
(CART): Judy Griego, Director of Department of Human Services, explained this will establish a
perpetual interagency child abduction team with the Department of Social Services and various law
enforcement agencies for response to abductions, as well as missing and endangered child cases, with
the additional goal of successfully prosecuting abductors. 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. In response to Commissioner Conway, Ms.
Griego explained this stems from a national effort to include the child protection aspect of social
services in abduction response in order to provide improved communication of pertinent issues,
timeliness of response, and better follow-through. This is a new strategy, and there is potential for
additional law enforcement agencies to come onboard.
2) CONSIDER 2013 PARTNERSHIP AND VENDOR AGREEMENTS AND AUTHORIZE CHAIR
TO SIGN - GREELEY INDEPENDENCE STAMPEDE: Dr. Mark Wallace, Director of Department of
Public Health and Environment, stated the next four items are for the Youth Tobacco Prevention
Program - primarily directed at spit tobacco. This agreement is a partnership with the Greeley
Stampede for PSA announcements and a health education booth on -site during the events.
Commissioner Rademacher moved to approve said partnership and vendor agreements and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Commissioner Conway thanked the Tobacco Free Coalition for their focus on Weld County youth and
noted that this programs funding comes from Colorado Amendment 35 (the tobacco tax).
3) CONSIDER AGREEMENT FOR RADIO AND ONLINE ADVERTISING OF TOBACCO
CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWNSQUARE MEDIA: In response to
Commissioner Conway, Dr. Wallace said this part of the project targets youth via ads on local radio
stations. Commissioner Rademacher moved to approve said agreement and authorize the Chair to
sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
4) CONSIDER AGREEMENT FOR SCHOOL BUS ADS CONCERNING TOBACCO CONTROL
PROGRAM AND AUTHORIZE CHAIR TO SIGN - SPOT ON SOLUTIONS: Dr. Wallace explained this
part of the campaign targets districts which use bus advertising and routes were surveyed to determine
which have higher tobacco use. School District 6, in Greeley and Evans, because they don't have
policies against advertising on their buses, is the only place utilizing this part of the campaign so far.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Freeman, and it carried unanimously.
Minutes, June 10, 2013 2013-1447
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5) CONSIDER AGREEMENT FOR OUTDOOR ADVERTISING OF TOBACCO CONTROL
PROGRAM AND AUTHORIZE CHAIR TO SIGN - THE LAMAR COMPANIES: Dr. Wallace explained
that this part of the campaign includes public service announcements on bus benches and billboards,
including electronic billboards which have rotating digital messages, and is again focused on youth and
spit tobacco. Commissioner Freeman moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Conway, the motion carried unanimously.
6) CONSIDER VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT
APPLICATION FOR WELD COUNTY LAW ENFORCEMENT VICTIM'S SERVICES: Donny Patch,
Sheriff's Office, explained this is a grant for the purchase of uniforms (shirts and jackets) for paid and
volunteer victim's services advocates, which will give them increased recognisability when they are at a
crime scene. In response to Commissioner Conway, he explained victim services advocates are on 24
hour call to do crisis intervention with crime victims, and their assistance also allows officers to focus on
their primary job of investigation. The advocates help the victims up until the point the case enters the
court system, at which point victim's services advocates in the District Attorney's office take over.
Commissioner Kirkmeyer moved to approve said grant application and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
ta 7) CONSIDER TEMPORARY CLOSURE OF CR 4 BETWEEN CRS 49 AND 53: Janet Carter,
Department of Public Works, reviewed the request for a temporary road closure to replace a culvert.
Commissioner Kirkmeyer moved to approve said temporary road closure as amended for a typo,
replacing CR 39 with CR 49, and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
8) CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN CRS 17 AND 19: Ms. Carter
reviewed the temporary road closure request on a paved road due culvert replacement for drainage
wash -out repairs. Commissioner Rademacher moved to approve said temporary road closure and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
In response to Commissioner Conway, Ms. Carter spoke in regard to the intersection of CR 31
and SH 14 where there was a recent fatal auto collision. She said it made her Hazard Elimination
Study (HES) list this year, at number 25, which is fairly low, but what seems to be occurring is that
people are willfully disregarding the stop sign. After examining the site, she determined that it is a safe
intersection, but unfortunately there has been driver error, with tragic consequences, on more than one
occasion. Ms. Carter said she visited the intersection post -accident and also consulted with CDOT
staff.
9) CONSIDER NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT CONCERNING
SURFACE USE FOR PIPELINE ACCESS AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY
(USA) PIPELINE COMPANY: Stephanie Arries, Assistant County Attorney, said this license is for
Suncor's surface access to a pipeline across Weld County property, currently the location of a well
used for dust suppression. Commissioner Rademacher moved to approve said nonexclusive revocable
license agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
Minutes, June 10, 2013 2013-1447
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a 10) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- CORVETTES WEST CAR CLUB CHAPTER: Brad Yatabe, Assistant County Attorney, said this
contract is for providing a space at the 2013 Weld County Fair to hold the Corvette auto show. In
response to Commissioner Rademacher, Mr. Yatabe said it is not uncommon to be requested by the
Fair Board to provide a plaque. Commissioner Kirkmeyer moved to approve said professional service
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
ER 11) CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
RANCH SORTING NATIONAL CHAMPIONSHIP: Mr. Yatabe said this is another 2013 Weld County
Fair event, with workshops and a cattle sorting competition. Commissioner Kirkmeyer moved to
approve said professional service agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
12) CONSIDER AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - WOW BUBBLES, LLC: Mr. Yatabe said this contract was previously approved, and
the Fair Board has decided to double the number of bubbles in response to demand. Commissioner
Kirkmeyer moved to approve said professional service agreement and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
13) SECOND READING OF CODE ORDINANCE #2013-2, IN THE MATTER OF REPEALING
AND REENACTING CHAPTER 20 IMPACT FEES, OF THE WELD COUNTY CODE: Commissioner
Kirkmeyer moved to read by title only. The motion was seconded by Commissioner Conway, and it
carried unanimously. Tom Parko, Director of Planning Services, explained this ordinance deals with
raising impact fees by two percent to reflect inflation. Commissioner Kirkmeyer moved to approve said
code ordinance on second reading. Seconded by Commissioner Freeman, the motion carried
unanimously.
14) FINAL READING OF CODE ORDINANCE #2013-3, IN THE MATTER OF ENACTING
CHAPTER 4 COMMUNICATIONS, OF THE WELD COUNTY CODE: Commissioner Rademacher
moved to read by title only. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously. Christopher Woodruff, Weld County Assessor, acting as a representative of the Weld
County Governance and IT Governance Committees, related that he had a productive meeting with
senior management in the Human Services Department answering questions regarding policy, and that
all the other departments have given positive feedback and indicated they are anxious to utilize social
media. Commissioner Kirkmeyer said the FEMA exercise made it clear what a valuable tool social
media is during emergencies. The Board thanked Mr. Woodruff for his hard work on this new mode of
communication. Commissioner Kirkmeyer moved to approve Code Ordinance #2013-3. The motion
was seconded by Commissioner Rademacher, and it carried unanimously. Chair Garcia said although
he has been a staunch opponent of the government use of social media due to the potential for abuse,
Mr. Woodruff's work ensuring protections are in place was very helpful. He also thanked Jennifer
Finch, Communications Manager, for working on this and convincing him of the value of this medium.
15) FINAL READING OF CODE ORDINANCE #2013-4, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY
CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record and
confirmed there have been no changes since the second reading. Commissioner Conway noted that
there was a productive three hour meeting with constituents prior to the Board's last work session on
Minutes, June 10, 2013 2013-1447
Page 4 BC0016
this ordinance. Chair Garcia then opened the floor to public input. Mary Beard, County resident,
stated the right to life and the right to be safe from violence should supersede gun rights. She said
back ground checks ensure that convicted drug users, felons, domestic abusers and the mentally ill are
prevented from obtaining guns, which is a common sense response. la Louie Beard, County
resident, said the majority of Americans think there is a problem (in reference to mass shootings in
public places), and he said the State legislature is seeking solutions for this problem. Mr. Beard said
guns are the common denominator although gun control is only one part of the solution. He noted that
if the Commissioners refuse to enforce the law it is guaranteed not to work and also asked the
Commissioners if they had other solutions. Susan Carey, County resident, said many voters in
the County support the State's new gun legislation. She noted that it is intimidating to publicly take up
any position questioning the 2nd Amendment while knowing the opposition has suns. She also
objected to the Commissioners making their stance so firm prior to public input.
County resident, spoke in support of the Commissioners stance on this issue. " Mike Speeker,
County resident, spoke in support of the Commissioners stance on this issue and said he felt the
Constitution is clearly against gun restrictions. He said background checks are not effective, and also
noted that people die in automobile accidents but no one wants to ban cars and referenced history.
El Walter Fanning, County resident, said this ordinance is unenforceable and was laid out ahead of
public input and that is disconcerting. In response to Commissioner Conway, Mr. Fanning requested
that the Board make media announcements that a topic is being considered and they would like public
input before they make their stance known. Joe Perez, County resident, said that Constitutional
rights are not without reasonable limits. He stated there are emotions on both sides of this issue, but
the bottom line is that we are responsible for the safety of our society and community. He said he is a
gun owner, but also feels that innocent children in public places should be protected. Mr. Fanning
asked if the Commissioners would provide some information regarding the County's funding for mental
health, gang intervention and other protections for Weld County citizens. [a Doug Meyer, County
resident, claimed that background checks are being done, even at gun shows, and noted that other
types of weapons can be used to kill people. He said this is a moral problem that cannot be legislated
and the Second Amendment is a God-given right that does not come from government. _ Timothy
Daniels Sheely, aka Scooter McGee, County resident, noted that three months ago he and other Weld
County citizens brought a pre -written ordinance to the Board. Mr. Sheely apologized for some previous
comments to the Board. He stated the most dangerous thing in the United States is ignorance and
noted that violent crime in Weld County is at record lows. He said the opposition continues to say
these are reasonable restrictions, but they are not. He implied that constitutional rights are being
incrementally eroded. In response to Chair Garcia, Mr. Sheely said that, although the watered down
version of the ordinance seems worthless, this is a start, albeit a weak foundation, so he will support it.
Commissioner Freeman moved to approve said code ordinance on final reading. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Conway thanked everyone
who participated in the process and outlined the reasons he supports this resolution. He noted that a
bi-partisan group of Colorado Sheriffs, 55 of Colorado's 64 sheriffs, has filed a lawsuit asserting the
laws are unconstitutional. Commissioner Conway also noted that funding mental health issues allowing
for better access and programs in schools, is what the Commissioners stand behind. He said the
Juvenile Assessment Center (JAG) and Youth and Family Connections work collaboratively with the
school districts, and the Board has increased funding for North Range Behavioral Health, and said that
the Colorado General Assembly did not increase funding for mental health, but instead rushed to put in
place laws which punish law-abiding citizens, and that will not solve the problem. These laws would not
have prevented the recent shootings. Are we addressing the issues that need to be? He said we
need to work collaboratively, but not via gun control, mental health is more important. He noted the
Steve Teets,
Minutes, June 10, 2013 2013-1447
Page 5 BC0016
homicide rate in cities such as Chicago, which has stringent gun control laws, and said that punishing
law abiding citizens is not the way to accomplish safety. Commissioner Kirkmeyer concurred with
Commissioner Conway, and thanked those who attended the work session. She noted that in most of
the recent mass shootings the guns involved were illegally obtained. In regard to perceived intimidation
due to the Commissioners making their beliefs known, she noted, "we make our positions known when
we campaign". And, in regard to getting public opinion prior to introducing an ordinance, she explained
that the only way that County Commissioners can get opinions in a broad way is by introducing an
ordinance which provides three opportunities/invitations to come forward and speak. Commissioner
Kirkmeyer concurred that Weld County funds mental health extensively and said their goals are to get
people the help that they need and keep people out of jail. She said "we try to get resources to children
and families preventively". She also contended that this ordinance is enforceable; it simply states that
the Board will not enact any ordinances to restrict the Second Amendment. The Board would have to
change this code prior to doing that. The Board of County Commissioners cannot nullify a State law,
and have not said they will not uphold the laws of the State of Colorado, but want to ensure congruently
that Weld County is upholding the Constitution. Commissioner Kirkmeyer announced that the Weld
County Attorney is writing an Amicus Brief in support of the Sheriff's Lawsuit, and when it was
announced 20 other Colorado counties expressed interest in participation. Commissioner Rademacher
stated his stance has not changed since the Second reading. Commissioner Freeman said this
Ordinance is as far as we can go at this time. In regard to the County's support of mental health
services, Chair Garcia outlined some of the County's programs and their funding, and said mental
health is the crux of this issue. He also noted that crime and incarceration in Weld County is down, and
if prisons or jails close that savings should be put towards mental health resources. In regard to
Commissioners having opinions, he reiterated that a legislative action by the Board requires three
readings, an issue is proposed and the public is invited to comment and try to change the minds of their
representatives. Chair Garcia noted Mr. Barker's explanation that this ordinance, as originally written
by constituents, exceeded the Commissioner's authority, explaining that, although it is not an
overwhelming obstacle, there is a usefulness to this ordinance; if a future board of County
Commissioners wishes to limit gun rights, they must first change this Code, which requires
consideration and provides a period of time for public input.
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.
Minutes, June 10, 2013 2013-1447
Page 6 BC0016
There being no further business, this meeting was adjourned at 10:37 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COU jJYCOLORADO
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Weld C•unty Clerk to the Board
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Sean P. Conway
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Barbara Kirkmeyer
Minutes, June 10, 2013 2013-1447
Page 7 BC0016
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