HomeMy WebLinkAbout20120527.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 22, 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, February 22, 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-Tern
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick (Ms. Gesick attended the meeting; however, Elizabeth Strong,
Deputy Clerk to the Board, typed the minutes from the digital recording and Ms. Gesick's notes.)
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of February 15, 2012, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on February 15, 2012, as follows: 1) USR11-0026 - Lupe Carpio, do Noble
Energy, Inc.; and 2) USR11-0017 (AmUSR #671) - Lawrence and Therese Scott. Commissioner
Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, stated he attended the Air Quality Symposium and
Commissioner Rademacher attended it as well. Mr. Meyer stated he also attended another meeting in
the City of Fort Morgan where dormant mineral rights, water, and wells were discussed. He stated the
wells in the Town of Stoneham are currently under consideration for abandonment and Weld County
needs to assist, since it does not have a Town Board or elected officials. He stated House Bill 1278
passed its first hurdle by being approved with a nine (9) to three (3) vote and it will now move forward to
the Appropriations Committee for consideration. He requested the Commissioners lend their support
and be involved in the scientific study. Chair Conway indicated he has supported House Bill 1278.
Mr. Meyer stated Initiatives 3 and 45 are still under consideration and there remains a lot of work to be
completed in opposition to the Initiatives.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
Minutes, February 22, 2012 2012-0527
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PRESENTATIONS:
RECOGNITION OF SERVICES, REGIONAL COMMUNICATIONS ADVISORY BOARD - GARY
BARBOUR: Chair Conway read the certificate into the record, recognizing Gary Barbour for five (5)
years of service on the Regional Communications Advisory Board. Each of the Board members
expressed their appreciation for the opportunity to serve with him.
RECOGNITION OF SERVICES, NORTH COLORADO MEDICAL CENTER BOARD OF TRUSTEES -
ROBERT NOFFSINGER AND EHREN HUNTER: Chair Conway read the certificates into the record,
recognizing Robert Noffsinger and Ehren Hunter for their service on the North Colorado Medical Center
Board of Trustees. Mr. Noffsinger was not present; however, the members of the Board thanked him
for his service. The Board thanked Mr. Hunter for his attention to detail, maintaining the administrative
information, and for his service and dedication to the North Colorado Medical Center Board of Trustees.
Mr. Hunter stated he has learned a lot and appreciates the opportunity to serve.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated she attended the
Child Welfare Allocations Committee meeting last Wednesday, and there will be another meeting on
March 12, 2012; therefore, she will miss the Board meeting on that date. She stated it is important for
the County to be represented at the meeting, and last year the formula was altered in a way which
resulted in a decrease of more than one (1) million in funding allocation for Weld County and the
County was approximately five (5) million dollars short regarding its Child Welfare funding allocation.
She stated these are State-mandated and State-supervised programs which the County must provide;
therefore, it is important to ensure the proper amount of funding is provided to the County by the State.
Chair Conway thanked Commissioner Kirkmeyer for her diligence addressing the reduced allocations
from the State, which considerably benefits Weld County's taxpayers.
Commissioner Rademacher stated he had issues with the modeling presented at the Air Quality
Symposium; however, it was an interesting meeting.
Commissioner Conway stated Congressman Cory Gardner hosted a community meeting on Monday
regarding the proposed Farm Bill, which was very well-attended and productive. He stated the meeting
addressed many of the issues concerning water storage, the Endangered Species Act, and productive
agriculture.
BIDS:
PRESENT BID #B1200048, GAS CHROMATOGRAPH/MASS SPECTROMETER INSTRUMENT (MID
GRADE) - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Monica Mika, Director of
Finance and Administration, stated said bid will be presented March 7, 2012. She stated a few
changes will be made to the service cost allocations, and there are apparently no local vendors which
submitted bid proposals. In response to Commissioner Rademacher, Ms. Mika confirmed the funding
and costs can be discussed in a work session, and she concurred it may be less expensive to purchase
the equipment.
APPROVE BID #B1200039, ASPHALT PICKUP MACHINE - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika recommended awarding the bid to the sole bidder. Commissioner Garcia stated the cost is
below the amount budgeted for this machine, and he moved to approve the sole bid from Wagner
Equipment, in the amount of $113,282.00, as recommended by staff. Seconded by Commissioner
Rademacher, the motion carried unanimously.
REJECT BID #61200033, CAR WASHES - DEPARTMENT OF FINANCE AND ADMINISTRATION:
Ms. Mika stated this bid was discussed in a work session yesterday and staff recommends rejection of
the bid to further research and evaluate other options. Commissioner Long moved to reject said bid,
Minutes, February 22, 2012 2012-0527
Page 2 BC0016
based on staffs recommendation. Seconded by Commissioner Rademacher, the motion carried
unanimously.
APPROVE BID #61200037, SIGN MATERIAL FOR 2012 - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika recommended the Board award the various portions of the bid to various vendors as
delineated on staff's memorandum. Commissioner Rademacher moved to approve the bid awards, as
delineated on the memorandum. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
CORNELL CORRECTIONS OF TEXAS, INC., OPERATING THE HECTOR GARZA CENTER: Judy
Griego, Director, Department of Human Services, stated Cornell Corrections of Texas, Inc., operating
the Hector Garza Center, will provide residential care and treatment services to a youth under the
jurisdiction of the Department. She stated the term of the agreement will commence February 2, 2012,
through August 31, 2012, and the daily rate is $242.85. She stated these are court-ordered services for
the placement of a youth in the State of Texas. In response to Chair Conway, Ms. Griego confirmed
this agreement is for one (1) particular youth in custody of the State of Texas and she is hoping there
will be a change of venue, since a parent has relocated to Texas; however, until that time, the youth
must be placed there by the County. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT APPLICATION
FOR LONG TERM CARE OMBUDSMAN ADVOCATE/FRIENDLY VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated this grant will allow the Ombudsman Program to
provide elder abuse education programs to long term care staff, continue the long term care Friendly
Visitor Program, and maintain and strengthen the Volunteer Ombudsman Program. She stated the
term of the grant will commence July 1, 2012, through June 30, 3013, and the amount being requested
is $12,000.00. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATIONS AND EXPENDITURE AUTHORIZATION
MODIFICATIONS FOR VARIOUS WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE
CHAIR TO SIGN: Ms Griego reviewed the amounts and terms as specifically detailed in the
memorandum, dated February 17, 2012. In response to Commissioner Conway, Ms. Griego stated the
Summer Jobs Program will be serving at least 2,600 youth and operating a teen fair in early March.
She stated the Department is working with employers to place the youth in various job activities, as well
as completing skills and interest inventories in the laboratory. Commissioner Garcia moved to approve
said expenditure authorizations and modifications, and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego reviewed the
modifications and explained the major purpose is to transfer approximately 40 percent of the total
Program Year 2011 Workforce Investment Act (WIA) Dislocated Worker funds to the corresponding
WIA adult programs, and to provide additional employment and training services to adult clients.
Commissioner Long moved to approve said modifications and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL DATA ACCESS CONTRACT AND AUTHORIZE CHAIR TO
SIGN: Ms. Griego stated this contract provides Employment Services inquiry access to State systems
for the purpose of verifying clientele eligibility, and the term of the contract will commence March 1,
Minutes, February 22, 2012 2012-0527
Page 3 BC0016
2012, through February 28, 2017. Commissioner Rademacher moved to approve said contract and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LICENSE AND
AUTHORIZE CHAIR TO SIGN — COLORADO CATTLE COMPANY, LLC, DBA COLORADO CATTLE
COMPANY: Deputy Lisa Carpenter, Sheriff's Office, stated she has inspected the facility, and there
have been no calls for service in the year 2011 until the present date. She stated she finds no cause to
not renew the license. Commissioner Long moved to approve said application and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Ms. Carpenter
stated she inspected the premises, and there were no calls for service during the year 2011 and
through the present date; therefore, she finds no grounds for disapproval of the application.
Commissioner Garcia moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 80 BETWEEN CRS 43 AND 45: Janet Carter,
Department of Public Works, stated said closure will commence February 27, 2012, through March 1,
2012, in order to replace a culvert. She stated the average daily traffic count for County Road 80 is
40 vehicles, according to a traffic count taken in the year 2008, and standard road signs and barricades
will be utilized throughout the closure. Commissioner Rademacher moved to approve said temporary
closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 45 BETWEEN CRS 78 AND 80: Ms. Carter stated said
closure will commence March 5, 2012, through March 9, 2012. She stated the same detour route will
be utilized as the previous item of business, and the average daily traffic count on County Road 25 is
20 vehicles, according to a traffic count taken in the year 2008. She stated standard road signs and
barricades will be utilized during the closure. Commissioner Garcia moved to approve said temporary
closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - KERR-
MCGEE OIL AND GAS ONSHORE, LP: Mr. Barker stated this lease is for less than half an acre, and
Kerr-McGee Oil and Gas Onshore, LP, has provided $178.72, based on the Board's requirement of
$400.00 per acre. Commissioner Kirkmeyer moved to waive the bid procedure concerning oil and gas
leases, accept said offer, approve said lease, and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR PURCHASE OF LAW ENFORCEMENT POLICY MANUAL AND
DAILY TRAINING BULLETIN SERVICES AND AUTHORIZE CHAIR TO SIGN - LEXIPOL, LLC: Steve
Reams, Sheriff's Office, stated Lexipol, LLC, is a policy writing service for law enforcement, and the
Sheriff's Office wants to enter into this agreement to save time and reduce liability. He stated
Lexipol, LLC, has a staff of attorneys that provide suggested policies for the Sheriff's Office's activities,
such as high-risk traffic stops and pursuits, in light of current case law. He stated the Sheriff's Office
can write and maintain policies; however, it does not know whether the policies are legally defensible or
whether the case law has recently changed in regards to an existing policy. Mr. Reams stated there
will be a $10,500 cost to enter into the agreement for the first year, which will provide the services of
creating a manual and daily training bulletins for all the officers. He stated the current Policy and
Procedure Manual needs to completely be rewritten, which would take a substantial amount of staff
time, and this will agreement will provide decreased liability for the agency. Mr. Barker stated he spoke
with other County Attorneys whose counties have subscribed to this service and he concurred the
agreement will provide a good service and will be a good investment in liability, since the laws change
Minutes, February 22, 2012 2012-0527
Page 4 BC0016
so quickly in the areas where the officers are most at risk, both from a safety standpoint and regarding
liability as well. He stated the laws change particularly quickly in regards to what the officers need to
follow constitutionally, and if the officers do not follow the constitution appropriately, they lose their
qualified immunity. He stated this is a good price, and the agreement does not include the custody
portion of the services offered, which would cost another $10,000.00 to $12,000.00. In response to
Commissioner Kirkmeyer, Mr. Barker confirmed he reviewed the agreement and he stated he
requested several items be added to the agreement which Lexipol, LLC, has completed. In response to
Commissioner Kirkmeyer, Ms. Mika confirmed it is typical to have a one (1) percent interest charge if
the County does not pay within 60 days, and she stated she has worked with the Sheriff's Office on this
agreement. Further responding to Commissioner Kirkmeyer, Ms. Mika stated the agreement falls within
the scope of the Sheriff's Office budget. In response to Chair Conway, Mr. Reams stated the Sheriff's
Office will discontinue the daily training bulletins after one (1) year; however, it will retain the manual
maintenance until the point it discontinues the subscription, and the manual will remain the property of
the Sheriff's Office. Mr. Reams further stated he reviewed other companies who provide similar
services; however, they were not nearly as comprehensive as what is provided by Lexipol, LLC, and he
did not find another company which provides a comparable legal staff which is specific to law
enforcement. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Rademacher. Commissioner Kirkmeyer requested that
requests of this nature be reviewed in a work session before being considered at a Board meeting;
therefore, in the future, the Board's questions can be answered in advance, and the other
Commissioners concurred. There being no further comments, 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 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: .,
Sean P. way, Chair C .
Weld County Clerk to the Board
• Wi iam F. Gar ia, Pro-,Tem
BY: I 4000 /
Deputy CI k to the Boar ` j . L� J� / L
ar a Kirkmeye
ois
1861 VW!. at `x E
%,�t•' avid E. Long
`alsamos'rt oug-la- Rademac r
Minutes, February 22, 2012 2012-0527
Page 5 BC0016
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