HomeMy WebLinkAbout20110310.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 26, 2011
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
Centennial Center, Greeley, Colorado, January 26, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long — EXCUSED
Commissioner Douglas Rademacher— EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 24, 2011, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - JUDY
NERO: Chair Kirkmeyer read the certificate into the record, recognizing Judy Nero for 28 years of
service with the Department of Public Health and Environment.
Dr. Mark Wallace, M.D., Director, Department of Public Health and Environment, stated Ms. Nero has
been an absolute pleasure to work with and she has been working for the Department since he started
working for Weld County. He stated the Department is already recognizing how much Ms. Nero is
missed and it has only been a few days. He stated Ms. Nero's position is not one the public may
realize the importance of since it is behind the scenes; however, the Department has been blessed to
have Ms. Nero, and the Department has been very financially responsible to the taxpayers, as a result
of the work Ms. Nero has completed. Dr. Wallace stated the citizens of Weld County have been served
well by Ms. Nero, and he thanked her for her service. Commissioner Garcia concurred that Ms. Nero's
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presence is already missed and she has served the people of Weld County wonderfully. Commissioner
Conway stated Ms. Nero has had a clear impact on the Department and its employees, in terms of
mentoring and leadership development. He thanked her for her years of valuable service. Chair
Kirkmeyer stated she will miss Ms. Nero, and thanked her for her service.
Ms. Nero stated Weld County has an awesome workforce, and the Board has expressed nice
statements about her; however, she had a great administrative staff which made it possible for her to
do her job well. She stated the Department of Public Health and Environment is professional and they
concentrate on serving Weld County's citizens, and the same is true of all the other departments she
has worked with including the Departments of Human Resources and Buildings and Grounds, the Print
Shop, and the County Attorney's Office, particularly Cyndy Giauque, Assistant County Attorney. She
stated the Board of County Commissioners has been supportive of the Department of Public Health
and Environment, which has meant a lot to her, and Dr. Wallace is the best director she has worked
with; he is extremely dedicated to public health and he has made a difference in Weld County.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he has learned the
Emissions Bill introduced by Representative Glenn Vaad, House Bill 1082, will have its first hearing on
Thursday, February 3, 2011, at 1:30 p.m., at the State Capitol, and he encouraged citizens who are
interested in this legislation to attend the hearing and to provide testimony. He stated the hearing will
be the first step in the legislative process.
NEW BUSINESS:
CONSIDER FOUR-YEAR PLANNING AND SERVICE AREA AGING PLAN (TITLE III AND VII) FOR
FEDERAL FISCAL YEARS 2012-2015 AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director,
Department of Human Services, stated the plan was reviewed at a work session conducted on
January 24, 2011, and it includes an overview of the demography of Weld County, the primary target
population for services, community trends, community input, and the key strategies and programs that
will be funded over the upcoming planning period. She stated the Department will continue several
programs under this plan which are currently being paid for under the Area Agency on Aging, including
the Senior Peer Counseling Program, the WELDCO Senior Program, options for long term care, and
other types of services. She stated the Older Americans Act funding amount for Federal Fiscal
Year 2011 is $770,130.00, including carry-over funding, and the Fiscal Year will commence July 1,
2011, through June 30, 2012; however, the plan will cover future fiscal years as well, yet the funding is
not yet known for those years. Commissioner Conway moved to approve said plan and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER 2011-2012 COMMUNITY SERVICES BLOCK GRANT (CSBG) APPLICATION AND PLAN
AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the application and the plan were reviewed by
the Board at its work session conducted on January 24, 2011, and are with the Department of Local
Affairs (DOLA). She stated the Department is requesting $299,441.00 for the fiscal year beginning
March 1, 2011, through February 28, 2012, and the funds will be utilized for coordinating services and
programs for seniors, administration and support services for employment services, emergency
services, medical assistance not covered by governmental or private insurance, and administration of
the CSBG program. Commissioner Garcia moved to approve said application and plan and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER NINE (9) AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated these
amendments were reviewed by the Board as "pass around" documents the amendments are necessary
to remain within the Department's Core allocations for Program Year 2010. She stated the first
amendment is to an agreement with Reflections for Youth, Inc., for Day Treatment Services, and it will
Minutes, January 26, 2011 2011-0310
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increase the amount to be paid by $60,000.00, for a new maximum of $114,000.00. She stated the
next amendment is to an agreement with Greeley Counseling Center, P.C., for Mental Health Services,
and it will decrease the amount to be paid by $10,000.00, for a new maximum of $30,000.00.
Ms. Griego indicated the following three (3) amendments are to agreements with Lutheran Family
Services of Colorado for Home-Based Parent Coach Life Skills, which will be decreased by $35,000.00,
for a new maximum of $40,000.00; Home-Based Pre-Adoption Services, which will be increased by
$5,000.00, for a new maximum of $8,000.00; and Home-Based Option B Services, which will be
decreased by $5,000.00, for a new maximum of $20,000.00. She stated the next amendment is to an
agreement with Transitions Psychology Group, for Life Skills, which will be increased by $44,500.00, for
a new maximum of $123,000.00. She stated the next amendment is to an agreement with Child
Advocacy, Resource, and Education (CARE), for Visitation and Parent Coach Life Skills, which will be
decreased by $8,000.00, for a new maximum of $52,000.00. She indicated the next amendment is to
an agreement with Lutheran Family Services of Colorado for Therapeutic Visitation Life Skills, which
will be decreased by $11,500.00, for a new maximum of $17,000.00, and the final amendment is to an
agreement with Transitions Psychology Group, LLC, for Mental Health Services, which will be
decreased by $25,000.00, for a new maximum of $35,000.00. Commissioner Garcia moved to approve
said amendments and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER AMENDMENT TO BUDGET NARRATIVE AND BUDGET FOR BUILDING HEALTHY
MARRIAGES PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY:
Ms. Griego stated this amendment was presented to the Board at its January 24, 2011, work session,
and the Department is in the final year of the Building Healthy Marriages Program; therefore, it has
commenced efforts to downsize the Program, which include transferring positions to other programs
and reallocating $44,774.00 in salaries and benefits. She stated there are amendments which will be
considered later in the meeting which describe how the funding will be redistributed to specific vendors.
Commissioner Conway moved to approve said amendment and authorize the Chair to sign and submit
electronically. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMENDMENT TO 2009-2010 PURCHASE OF SERVICES AGREEMENT FOR BUILDING
HEALTHY MARRIAGES PROGRAM AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION
PROJECT, INC.: Ms. Griego stated this amendment was reviewed at the Board's work session on
January 24, 2011, and it is the result of Community Mediation Project, Inc., overspending its budget by
$1,771.00, in order to conduct additional classes in the last month of Fiscal Year 2010. She stated
Building Healthy Marriages grant funds will be utilized to pay for the classes. Commissioner Garcia
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR
TO SIGN — UNITED WAY OF WELD COUNTY: Ms. Griego stated this amendment accounts for some
of the redistribution in funds she mentioned earlier regarding the Building Healthy Marriages Program,
and the amendment will provide $10,000.00 for additional speaker and marketing fees for the February
event, You Plus. She stated this amendment was discussed at the Board's work session on
January 24, 2011. Commissioner Conway moved to approve said amendment and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMENDMENT TO 2010-2011 PURCHASE OF SERVICES AGREEMENT FOR BUILDING
HEALTHY MARRIAGES PROGRAM AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION
PROJECT, INC.: Ms. Griego stated this amendment was presented to the Board at its work session on
January 24, 2011, and the amendment is for the period ending September 30, 2011. She indicated the
Department is providing $34,774.00 to Community Mediation Project, Inc., in order for it to provide the
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additional staff and programming necessary for the last year of the Building Healthy Marriages
Program. Commissioner Conway moved to approve said amendment and authorize the Chair to sign.
CONSIDER 2010 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR HIGHWAY
USER TAX FUND: Don Carroll, Department of Public Works, indicated that in the year 2010, Weld
County had 688.74 miles of paved roads and 2,306.72 miles of gravel roads, for a total of 2,995.46
miles of reported roads. He stated there were 3,005.29 miles of roads reported for the year 2009;
therefore, there were 9.76 fewer miles reported for the year 2010. He indicated the number of paved
miles has increased due to the County's RAP (Recycled Asphalt Pavement) road projects. Mr. Carroll
stated there were 23 annexations last year, resulting in 5.07 miles of paved roads and 4.69 miles of
gravel roads being removed from County maintenance, and many of the annexations contained roads
which had already been annexed by various municipalities. He stated there was a .23-mile portion of
County Road 88 which was deannexed near the Town of Pierce; therefore, the County now maintains
it, and 14.30 miles of gravel roads were upgraded to RAP. He indicated the County received
$8,793,037.77 in funding from HUTF (the Highway User Tax Fund) and $905,481.72 in
FASTER (Funding Advancement for Surface Transportation and Economic Recovery) funding, for a
total of $9,698,519.49 for the year 2010. Mr. Carroll stated $2,632.78 was awarded per gravel mile of
roadway, and $3,949.17 was awarded per paved mile of roadway. He thanked Matt Dixon,
GIS (Geographic Information Systems), for maintaining current maps, which include all the County's
annexations, and he indicated the maps are helpful to the County maintenance crews, in addition to
being helpful to him for the creation of this report. Commissioner Conway inquired as to what
accounted for the increase in FASTER funds from $741,953.85 in the year 2009, to $905,481.72 in the
year 2010. He inquired as to whether the increase was due to new FASTER fees being introduced or
an increase in vehicle registration.
Janet Carter, Department of Public Works, stated there were FASTER late fees implemented for a
while, which account for some of the increase; however, the fees were recently eliminated. She
indicated the funds typically vary from year to year for various reasons, and there are two (2) types of
FASTER funds; one kind which is specifically provided to Weld County for individual safety projects,
and then there are other funds which are provided to the State and then redistributed. Commissioner
Conway indicated that if the late fees were eliminated, the revenue for the FASTER funding should
have decreased. Chair Kirkmeyer clarified the fees were being implemented for half of the year, and
there would have been more revenue generated if the late fee was not eliminated. In response to Chair
Kirkmeyer, Mr. Carroll confirmed there are still three (3) tiers used to determine the funding amount.
Commissioner Garcia moved to approve said report. Commissioner Conway seconded the motion, and
he thanked Mr. Carroll for presenting the report in a clear and concise manner and Ms. Carter for her
assistance. There being no further discussion, the motion carried unanimously.
CONSIDER AGREEMENT FOR CR 23/SH 392 INTERSECTION REALIGNMENT DESIGN AND
AUTHORIZE CHAIR TO SIGN: Mike Bedell, Department of Public Works, indicated this agreement is
with CDOT (Colorado Department of Transportation) for the disbursement of $200,000.00 in Federal
aid funds to design this intersection realignment project. He stated this project is a partnership among
Weld County, CDOT, and the Towns of Windsor and Severance, and all of the entities are contributing.
He stated currently the entities are trying to establish the funds necessary to hire a consultant to design
the project this year. Mr. Bedell stated there will be related intergovernmental agreements with the
Towns of Windsor and Severance which will be presented to the Board in the near future.
Commissioner Conway stated he appreciates that staff is moving ahead on the realignment of this
dangerous intersection; it is a priority for the citizens in the area. He stated it is his understanding that
Weld County did not receive upper tier funding from the North Front Range MPO (Metropolitan
Planning Organization), and he inquired as to how it will affect this project. Ms. Carter indicated the
higher funding was initially dedicated to this project; however, now that the higher funds will not be
available for the project, she has been communicating with Karen Schneider of CDOT, and she will be
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meeting with representatives of CDOT later today. She stated there is approximately $1,900,000.00 in
unprogrammed FASTER funds, and the County is due to receive $1,000,000.00 in FASTER funds in
the year 2012; therefore, CDOT is considering awarding at least $1,000.000.00 of the unprogrammed
FASTER funds to Weld County, which will be discussed at the meeting scheduled this afternoon.
Ms. Carter stated the other partnering communities will need to provide the remaining necessary funds.
She indicated staff has high expectations regarding this project; however, it may be tapered down, in
order to be less costly. Commissioner Conway stated CDOT has indicated it is very supportive of this
project and it recognizes the safety concerns, and Ms. Carter concurred. Chair Kirkmeyer inquired as
to whether the unprogrammed funds are specifically for the North Front Range. Ms. Carter clarified the
funds are for the entire FASTER Region 4 Area. In response to Chair Kirkmeyer, Ms. Carter stated the
total estimated cost for this project will be approximately $4,000,000.00, and staff did apply for
STP (Surface Transportation Program) Metro funds; however, the funds were not awarded. She stated
when the higher-tier funds became available CDOT requested the funds, on behalf of Weld County,
and Weld County has developed partnerships with the other participating communities to pay for the
remaining design funds. Responding to Chair Kirkmeyer, Ms. Carter stated there have been
19 accidents on State Highway 392 over the past four (4) years. Chair Kirkmeyer stated there are
problems with this intersection, and many of the impacts to the intersection are due to developments
and growth within the Town of Windsor. She stated there have been 30 accidents at the intersection of
County Road 18 and U.S. Highway 85, and 26 accidents at the intersection of County Road 16 and
U.S. Highway 85, and FASTER funds are supposed to be used for priority safety projects; therefore,
the funds should be dedicated to projects along State Highway 392 or U.S. Highway 85. She stated
even though Weld County is contributing $50,000.00 to the design, with the Towns of Windsor and
Severance each contributing $25,000.00, this does not mean the construction costs should be divided
in the same way. Commissioner Conway stated the County tried to obtain the funding through the
North Front Range MPO for this project; however, it ranked number 10. Ms. Carter clarified the County
ranked number 13. Commissioner Conway indicated the scoring process needs to be re-evaluated,
and he feels Weld County gets short-changed in the funding distribution under the current scoring
formula. In response to Commissioner Conway, Ms. Carter stated the North Front Range MPO only
funded one (1) of Weld County's projects, and it was CMAQ (Congestion Mitigation and Air Quality)
funding for natural gas vehicles. Chair Kirkmeyer inquired as to whether the 12 projects which
outranked this one (1) are larger safety concerns and have higher accident rates. Ms. Carter stated the
higher ranking projects do not necessarily have higher accident rates. Chair Kirkmeyer indicated she
concurs with Commissioner Conway's assessment of the scoring being unfair if that is the case.
Ms. Carter stated there are FASTER funds set aside for U.S. Highway 85 intersection improvements.
Chair Kirkmeyer indicated she is aware of this; however, she was trying to make a point that the
FASTER funds are intended for safety projects and she does not want to see the funds being utilized
for other types of projects. Commissioner Conway reiterated the scoring formula needs to be changed,
since it is fundamentally unfair, and he mentioned this concern last June and he was the only member
of the North Front Range MPO Council which voted against the scoring process. He stated Weld
County has serious safety issues along U.S. Highway 85 and he wants equity in the process.
Ms. Carter stated Commissioner Conway will not be the only Council member fighting for this project at
the North Front Range MPO hearing; the Council member from the Town of Severance has indicated
he will be discussing the funding of the project. She stated STP-Metro funds may end up being
awarded for the project; it will not be finalized until February 3, 2011, at the time of the North Front
Range MPO meeting, yet staff decided it was better to have a plan in place than to be caught without
one. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATE TO KIVA PROPERTIES I, RLLLP,
AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, indicated Kiva
Properties I, RLLLP, has paid $83.29 for the assignment of a Tax Lien Sale Certificate for one (1)
property. Commissioner Garcia moved to approve the assignment of said Tax Lien Sale Certificate to
Minutes, January 26, 2010 2011-0310
Page 5 BC0016
Kiva Properties I, RLLLP, and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER LETTER OF AGREEMENT FOR 2011 10-COUNTY BUDGET CONFERENCE AND
AUTHORIZE CHAIR TO SIGN - RESORTQUEST BRECKENRIDGE AND KEYSTONE: Barb
Connolly, Controller, stated Weld County is hosting the 10-County Budget Conference this year and it
has decided to conduct the conference within the Town of Breckenridge. She indicated this agreement
will reserve 83 rooms for the conference, and the only situation in which the County will have a financial
liability is in the event the entire conference is cancelled with less than 45 days notice. She stated the
$200.00 minimum room charges will be paid from the participants' registration fees. In response to
Commissioner Conway, Ms. Connolly confirmed the County will have a financial liability if the County
utilizes fewer than 41 rooms, without 45 days notice of the cancellations. Commissioner Conway
stated the attendance had significantly decreased at the 10-County Budget Conference last year, and
he indicated that he does not want the County to be responsible for the costs of unused rooms, due to
counties sending fewer employees in these tough economic times. Ms. Connolly clarified the
attendance remained around 80 people at the conference last year. In response to Commissioner
Conway, Ms. Connolly stated the catering will be handled under a separate agreement and with a
different company. Commissioner Conway moved to approve said Letter of Agreement and authorize
the Chair to sign. Commissioner Garcia seconded the motion, and he stated he would like to address
the perception that attendance was down at the conference last year. He stated there was a change
last year; the event was hosted by Pueblo County and held in the City of Pueblo, and the perception
was that the City of Pueblo was not a resort-type site. He stated he enjoyed the event in Pueblo and
the accommodations, and he enjoyed the chance to see another part of the State; however, there was
concern that attendance may not hit the necessary threshold if the conference was held within the City
of Greeley this year, which is one (1) of the reasons why the Town of Breckenridge was selected as the
location for the conference. There being no further discussion, the motion carried unanimously.
PLANNING:
CONSIDER ACCEPTANCE OF FILING OF AMENDED AND RESTATED CONSOLIDATED SERVICE
PLAN, REFERRAL TO WELD COUNTY PLANNING COMMISSION FOR STUDY AND
RECOMMENDATION, AND SET HEARING DATE FOR CONSIDERATION - BEEBE DRAW FARMS
METROPOLITAN DISTRICT NOS. 1 AND 2: Mr. Barker indicated this Resolution accepts the filing of
the Amended and Restated Consolidated Service Plan for Beebe Draw Farms Metropolitan District
Nos. 1 and 2, and it establishes a timeframe for the Service Plan, including setting the hearing date for
consideration by the Board, and the Planning Commission hearing date. He stated this follows the vote
in November, 2010, to approve the agreements between the Metropolitan Districts, and an amended
agreement regarding amenities. He clarified there will be an amount of money immediately placed in
an account to be used towards amenities, and the amount will be increased as lots are sold. In
response to Chair Kirkmeyer, Mr. Barker clarified the hearing before the Board of County
Commissioners is proposed for March 16, 2011, according to the proposed Resolution, In response to
Commissioner Conway, Mr. Barker stated if the Planning Commission does not consider the matter on
March 1, 2011, it will need to conduct a special meeting in March, 2011, or consider the matter at its
next regular meeting in April, 2011, which would require the notice and Resolution to be amended and
the Board's hearing would be set for a later date. Commissioner Garcia moved to accept the filing of
the Service Plan, refer the Plan to the Planning Commission for study and recommendation, to be
received by the Board on or before March 9, 2011, and to set a public hearing for consideration by the
Board on March 16, 2011, at 9:00 a.m. Seconded by Commissioner Conway, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, January 26, 2010 2011-0310
Page 6 BC0016
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 9:52 a.m.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COL RADO
ATTEST: N U AMILLA
rbara Kirkmeyer, hair //
Weld County Clerk tot e B' c} /7
o Sean P. Conway, Pro-Tem
BY: �/' '`® •t, ,
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Deputy Clerk to the = - fi
` Williarrf I
Kt rcia
APPR /ED A RM: EXCUSED
12,77 David E. Long
County Attorney EXCUSED
Douglas Rademacher
Minutes, January 26, 2010 2011-0310
Page 7 BC0016
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