HomeMy WebLinkAbout20120317.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 30, 2012
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, January 30, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of January 25, 2012, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, submitted a copy of a letter from Congressman Cory
Gardner, to Brian Britton, marked Exhibit A, and a segment from the Loveland 912 Project newsletter,
dated January 14, 2012, marked Exhibit B, regarding the National Defense Authorization Act.
Commissioner Conway confirmed the Commissioners' work session on this matter is scheduled for
February 1, 2012, at 2:30 p.m.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - GLORIA ROMANSIK:
Chair Conway stated he attended a reception last Friday which was a true reflection of the number of
people Ms. Romansik has impacted through her work and he read the plaque recognizing her years of
service with the Department of Human Services. Judy Griego, Director of Department of Human
Services, presented Ms. Romansik with a retirement pin and stated she has had an amazing career,
and will be missed for her many outstanding qualities. The members of the Board thanked
Ms. Romansik for her service, tenacity, commitment, expertise, knowledge, and compassion in the field
of child welfare. Ms. Romansik thanked her family and her co-workers for all of their support.
%,0a Minutes, January 30, 2012 2012-0317
Page 1 BC0016
BIDS:
PRESENT BID#81200028, 2012 BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC WORKS:
Monica Mika, Director of Finance and Administration, presented the four bids received and suggested
review of the matter in a work session, since it involves ten bridge projects. She stated a
recommendation for approval will be made on February 13, 2012.
NEW BUSINESS:
CONSIDER MASTER CONTRACT WITH COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of
Public Health and Administration, stated this master contract will last for five years, commence July 1,
2012, and end June 30, 2017. He explained the master contract sets out the terms for entering into
task orders which will be accompanied by provisions with specific program budgets to be reviewed by
the Board. In response to Commissioner Kirkmeyer, Dr. Wallace confirmed the same general
provisions are in the current master agreement; however, he will gain clarification on the language to
ensure the State cannot terminate the task orders prior to payment for completed services.
Commissioner Kirkmeyer asked the County Attorney to ensure this issue is reviewed with all State
contracts for other department programs as well. Commissioner Long moved to approve said master
contract and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
CONSIDER FOUR PETITIONS FOR ABATEMENT OR REFUND OF TAXES - FOX RUN BUSINESS
PARK / 2059 DEVELOPMENT, LLC (R4249606, R4957808, R3368405 AND R4197206): Christopher
Woodruff, Assessor, stated the petitioner has requested this matter be continued for one week;
however, he noted February 6, 2012, is the last available date for review within the six-month
requirement for a hearing. Commissioner Rademacher moved to continue said petitions to February 6,
2012. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
CONSIDER 2011 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR THE
HIGHWAY USER TAX FUND (HUTF): Don Carroll, Department of Public Works, reviewed the amount
of mileage lost through annexations and the distance of gravel roads changed to concrete treated
based or recycled asphalt. He noted the County loses approximately ten (10) miles each year and he
also reviewed the total mileage of pavement and gravel roadways maintained by the County. He stated
the net amount of funding is down approximately $800,000 from previous years, which is consistent
with other large counties, and he referenced the spreadsheet reflecting all of the counties, FASTER
grant funding, and non-maintained mileage which the County does not get credit for. Following
discussion, Commissioner Kirkmeyer reviewed the formula and the Tiered calculation for funding, and
moved to approve said HUTF certification report. Commissioner Rademacher seconded the motion,
which carried unanimously.
CONSIDER CORRECTED INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT OF
COUNTY ROAD 12.5 ADJACENT TO THE TOWN OF HUDSON, COLORADO, AND AUTHORIZE
CHAIR TO SIGN: Bruce Barker, County Attorney, explained paragraph #4 of this agreement has been
corrected to reflect the specific amount CDOT is required to pay for the improvements. He stated there
were also a few clerical corrections, and the Town of Hudson has signed the revised document.
Commissioner Kirkmeyer moved to approve said corrected agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Rademacher, carried unanimously.
(Clerk's Note: Commissioner Garcia now present)
Minutes, January 30, 2012 2012-0317
Page 2 BC0016
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO WORKFORCE DEVELOPMENT
BOARD: Commissioner Garcia moved to approve the appointments and reappointments to the
Workforce Development Board, with the terms as noted in the Resolution. Seconded by Commissioner
Rademacher, the motion 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 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESVS� - ,
Sean P. Conway, Chair
Weld County Clerk to the Board �f ,
William F. rcia, Pro-Ter,
BY: fl1)-' — +/�3 .... '
Deputy Clerk to the Board ce p �7 22 °1'e
]E_�a artwa yer
2WW ;�`�� iv David E. Long
urLy ougl Rademache
Minutes, January 30, 2012 2012-0317
Page 3 BC0016
Print Page 1 of 2
Subject Fwd: Responding to your message EXHIBff
From: Brian Britton(brianb@greeley912.net)
To:
Date: Tuesday,December 20,2011 5:11 PM
fyi
Begin forwarded message:
From: "Representative Cory Gardner" <CO04CGIMA@mail.house.gov>
Subject: Responding to your message
Date: December 20, 2011 12:55:35 PM MST
To: <brianb@greeley912.net>
•tli t % i ' f
J LIjt' tl tet (alt's
?1'Jusr o i rpmrntatl1)3r
Dear Mr. Britton,
Thank you for contacting me regarding the National Defense Authorization Act(NDAA). I appreciate you taking the
time to write. It is an honor to serve you in Congress and I hope you will continue to write with your thoughts and
ideas on moving our country forward.
The NDAA is used to authorize the funding of the Department of Defense(DoD), including the salaries of our men
and women in uniform."Ibis is done on an annual basis; in fact an NDAA has been passed in Congress in each of the
past 48 years.Of course,as the nature of the threats facing our nation evolves,the authorizing language of the NDAA
evolves to meet them.
Most recently,on December 14.2011,Congress passed the conference report to H.R. 1540,the NDAA for Fiscal Year
2012 by a vote of 283-136. I supported this measure because it reduces defense spending,ensuring the DoD will be
more efficient with our taxpayer dollars,while providing our troops with the resources they need to keep us safe and
fight terrorism.This bill also freezes 5700 million in aid to Pakistan and strengthens sanctions against the Iranian
regime. Meanwhile it empowers our military to continue to fight Al-Qaeda in the Arabian Peninsula.which
is currentlythe most dangerous threat in the War on Terror.
However. like you,many people have expressed concern over another part of the bill,specifically the military
authority to hold detainees and whether it applies to US citizens caught aiding the Taliban or Al-Qaeda on U.S. soil.
It should be noted that the Supreme Court has ruled on this matter. In the case of Hamdi v Rum.ffehl(2004), the
Supreme Court held that U.S.citizens could be detained by the military as enemy combatants but that they still have
due process rights and can challenge their classification.The NDAA affirms that ruling in law as it does not grant any
new authority to detain US citizens that did not previously exist under Hamdi.
The relevant section of the bill that addresses the possible detention of US citizens specifically states that"Nothing in
this section shall be construed to affect existing law or authorities,relating to the detention of United States citizens,
lawful resident aliens of the United States or any other persons who are captured or arrested in the United States."
There is also a section requiring the detention of foreign nationals found to have been actively planning or executing
hfin'//nc mac mail vahnn r.nm/nan/lm,nnh9 ron,l-7..7....1 G.,Ct,...., inIn, /nni t
Print Page 2 of 2
an attack on the United States.That section specifically exempts US citizens and cannot be applied to them.
Our nation was founded on liberty and the rule of law.The rights to Due Process and Habeas Corpus are fundamental
principles of our country enshrined in the highest law of the land:the Constitution. 1 took an oath to delend those
principles and 1 would never,under any circumstances,vote for a bill that did not follow them. H.R. 1540 has
protections in place to ensure that it does not do that.
Again,thank you for contacting me.and do not hesitate to do so again when an issue is important to you.
Sincerely,
/1264-4--*--)
Cory Gardner
Member of Congress
httn•//nc moS mail N/Qhnn nnmIn n/I a,..,,-,h9 ......J—'�„7-,.,'1F Cl,_..,, inin. in.,. .
Print Page 1 of 5
EXH
Subject: Fwd:National Defense Authorization Act IBIT
From: Brian Britton(brianbCgreeley912.net)
To:
Date: Saturday,January 14, 2012 11:42 AM
From the Loveland 9-12 Project.
Dan Betts works for Rep. Cory Gardner.
Brian
Begin forwarded message:
From: Loveland 912 Project <newsletter@loveland912project.org>
Subject: National Defense Authorization Act
Date: January 14, 2012 10:33:07 AM MST
To: Brian <brianb@timberwoolfe.com>
Reply-To: Loveland 912 Project <newsletter@loveland912project.org>
Email not displaying correctly?View it in your browser,4 9�.a �'rinc 1"- LOVELAND 912 PROJECT
•
9
,�a� ...eonrriutted through our actions and&ffi its to defeat!the
• Constitution and restore the Republic to its.fbunding principles.
(On
1.2 Z'r.lue.,
National Defense Authorization Act
In order to have all sides of an issue represented so that we can make informed
decisions here is a letter from Dan Betts.
Friends,
I attended the Loveland 912 meeting a few nights ago, and the issue of the National
Defense Authorization Act came up. It was pretty clear that there was a lot of emotion
surrounding the issue, and some "irritation" with Congressman Gardner for having voted for
it. Although I followed the bill when it was in congress and was aware that some people
were against it, I'd have to admit, with the holidays and everything, I lost track of the
extent to which my friends in the Liberty movement were up in arms about this thing.
I've got some information about this bill below and attached. Take it with as many grains
of salt as you'd like. If you look it over and still think it's a terrible bill, then so be it. I
would however, ask you to at least check it out.
One thing I don't want to do is invalidate your opinions on the greater issues involved. The
sentiment that our personal freedoms and liberties should not and cannot be infringed by
Print Page 2 of 5
the government is foremost within conservative philosophy. The idea that agents of the
government could seize American citizens and hold them indefinitely without due process is
both horrifying and infuriating. And, it's the sort of thing that caused armed revolt a couple
hundred years ago.
This NDAA bill has seven different versions. I haven't really looked over the first six
versions. They probably contain just the sort of negative things that were described at the
meeting the other night. The seventh version, which is the one that was signed into law,
might be okay. Look it over and judge for yourselves. Below I've pasted the
Counterterrorsim portion of the bill, which I believe is the area that contained elements
that a lot of people found offensive. I've highlighted three sections that were inserted in
this 7th version, which were designed to respond to the complaints that many had (in case
the highlight is removed during transfer, they're Sec. 1021 (4)(d &e) and Sec. 1022 (4)(d)
(1)).
Sec. 1021 (4)(d &e) are important. There's a Supreme Court Case from 2004, Hamdi v
Rumsfe/d. In that case, the court held that U.S. citizens could be detained by the
military as enemy combatants but that they still have due process rights and can
challenge their classification. In the sections mentioned, the NDAA affirms that
ruling in law as it does not grant any new authority to detain US citizens that did
not previously exist under the Hamdi ruling. It says, "Nothing in this section shall
be construed to affect existing law or authorities, relating to the detention of
United States citizens, lawful resident aliens of the United States or any other
persons who are captured or arrested in the United States."
Within the section requiring the detention of foreign nationals found to have been
actively planning or executing an attack on the United States, Sec. 1022 (4)(d)
(1) specifically exempts US citizens and cannot be applied to them.
If you decide that this version that was signed into law isn't that bad after all, the
Liberty movement should probably take credit for that. If there hadn't been a
grassroots uprising against the offensing sections of the bill, they probably
wouldn't have changed it.
Attached is the entire 7th version of the NDAA. The counterterrorism section
starts on page 265.
Please look this over and let me know if you have any questions or comments.
Feel free to forward this to interested parties if you want.
Sincerely,
Dan Betts
fortdan@msn.com
"National Defense Authorization Act for Fiscal Year 2012"
http://www.gpo.gov/fdsys/pkq/SILLS-112hr1540enr/pdf/BILLS-112hr1540enr.pdf
It1'tn•//nc mnG ,...n:T ....L..... /«..../L.....,.L - - ' -
Print Page 3 of 5
Use of Military Force.
t2) Trial under chapter 47A of title 10. United States
Code las amended by the Military Commissions Act of 2009
(title XVIII of Public Law 111
(3) Transfer for trial by an alternative court or competent
tribunal having lawful jurisdiction.
(-t) Transfer to the custody or control of the person's country
of origin. any other foreign country. or any other foreign entity.
(d) Cu•:51`kcU rtu':. Nothing in this section is intended to limit
or expand the authority of the President or the scope of the
Authorization for Use of Military Force.
(e) Atli tom i u s. Nothing in this section shall be construed
to affect existing law or authorities relating to the detention of
United States citizens. lawful resident aliens of the United States.
or any other persons who are captured or arrested in the United
Status.
(1) RI•:c1 ii ti:?.'r FoR BRIEFINGS or CoxGkl_ss. The Secretary
of Defense shall regularly brief Congress regarding the ;ipplication
of the authority described in this section. including the organizations.
entities. and individuals considered to be "covered persons.'
for purposes of subsection (b)(2).
II. R. 1540 2(4)
SKt:. 1022.MILITARY CUSTODY FOR FOREIGN AL-QAEDA'I'ERRORISTS.
(a) Cesroi.n PENDING Dhlusrrur: LAW or WAR.
l 1) l:.c;r::.ti:?-\\t.. Except as provided in paragraph (4), the
Armed Forces of the United States shall hold a person described
\\tineitoc, 111(VC ;I n.....to.....lt.••••' 1. .. - .....�
Print Page 4 of 5
in paragraph (2) who is captured in the course of hostilities
authorized by the Authorization for Use of Military Force
(Public Law 107-40) in military custody pending disposition
under the law of war.
(2)Co n;i:r eF.n t:nti. —The requirement in paragraph (I)
shall apply to any person whose detention is authorized under
section 1021 who is determined
(A) to he a member of, or part of. al-Qaeda or an
associated force that acts in coordination with or pursuant
to the direction of al-Qaecla; and
(B) to have participated in the course of planning or
carrying out an attack or attempted attack against the
United States or its coalition partners.
(3) Disposrno!.; sr*:!t w.I:: For purposes of this
subsection, the disposition of a person under the law of war
has the meaning gis.en in section 1021(c). except that no
transfer otherwise described in paragraph (4) of that section
shall be made unless consistent with the requirements of section
1028.
(1) IN'Aiv IiJ t`tn' :..\'ri1o!AI,sEcrid rt'. The President may
waive the requirement of paragraph (1) if the President submits
to Congress a certification in writing that such a waiver is
in the national security interests of the United States.
(I))Ai'I'I.!t::iisti.rt'Y't i} I srra)St!vas Ci i tz:.`.s \".D LAtt I•t•t.
RESIDENT AI.irss. ._.
(1) !ED I:D St%TI:s k.:rri%h:?:S. —The retniireme•nt to detain
Print Page 5 of 5
a person in military custody under this section does not extend
to citizens of the United States.
(2) l.AWrt 1.l E IULN I Al.rt•:xs.---The requirement to detain
a person in military custody under this section does not extend
to a lawful resident alien of the United States on the basis
of conduct taking place within the United States. except.to
the extent permitted by the Constitution of the United States.
The Loveland 912 Project does not endorse any candidates,but wishes to keep its members informed of any
upcoming candidate events that they may be interested it attending.If you know of any upcoming candidate
appearances or information that may be important, please let us know so that we can get the word out.
Please forward this email on to your friends that may be interested in taking back our
government and ask them to subscribe,
ubscribe
Our Mailing address is
Loveland 912 Project
PO Box 7796
Loveland, CO 80537-0796
You are receiving this email because you have either signed up on our website,Loveland912Proiect•orq or you
have signed up manually at one of our events.
Unsubscrige bri nb@timberwoolfe.com from this list I Forward to a friend I update your profile
Our mailing address is:
Loveland 912 Project
P.O. Box TBD
Loveland,Colorado 80538
Add us to your address book
Copyright(C)2011 Loveland 912 Project All rights reserved.
. ,. -
Hello