HomeMy WebLinkAbout20111296 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 23, 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, May 23, 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- EXCUSED
Commissioner Sean P. Conway, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long, Acting Chair Pro-Tem
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on May 18, 2011, as follows: ) Hearing to show whether good cause exists for
revocation of USR Permit #1059 and Certificate of Designation for a Composting Facility in the
A (Agricultural) Zone District — Lambland, Inc., dba A-1 Organics; 2) USR Permit #1776 — Beverly
Ensley, do Viaero Wireless; 3) AmUSR Permit #1102 - L.G. Everist; and 4) USR Permit#1778 — Ed
Orr, do Jim Roth. Commissioner Garcia seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 18, 2011, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
PUBLIC INPUT: Chris Eikenberg, Weld County resident, stated the Chat at the Fireplace group will not
meet this month due to the number of graduations occurring; therefore, the next meeting will be in the
month of June. She stated the group is up to 158 members, including 10 men. She stated the
members have been communicating through e-mails about a situation they discovered at a meeting on
May 18, 2011, regarding a child support enforcement form. Ms. Eikenberg stated the form is the initial
form required by child support enforcement services, and her form is dated January 13, 2010. She
indicated the form requires the applicant's financial information, as well as the other parent's location.
She stated most of the time people do not know where the other parent is residing, and most of the
group members do not understand why the custodial parent is required to complete the form.
Ms. Eikenberg indicated it is State mandated that the fee associated with the form is taken out of the
custodial parent's child support, and she requested the Board work with the State legislature to change
this. She stated the counties pay the fee in 13 states, and one (1) state makes the non-custodial parent
Minutes, May 23, 2011 2011-1296
" I I Page 1 BC0016
pay the fee. She stated the group wants the fee, in the amount of $25.00, to be paid by the
non-custodial parents. Ms. Eikenberg indicated the courts automatically deduct the fee from the child
support payments, and the fee is counted as income, even though it cannot be used for items the
children need. She reiterated her form was submitted January 13, 2010, and it was date stamped by
staff. She indicated she was told it would take approximately 30 to 45 days to process her application,
and she discovered there was another form necessary when she called to follow up on the matter in
March. Ms. Eikenberg indicated the application for child support is approximately five (5) pages long,
and the application to reduce the amount of child support being paid is approximately two (2) pages
long; therefore, there is more paperwork for the custodial parent to complete, and the County Attorneys
must review the paperwork before the matter is able to move forward. She stated the review process
took until May, 2010, to be completed; therefore, when she went to court in September, 2010, the
information about where her ex-husband worked was not current. Ms. Eikenberg stated her group
members wonder why the process to apply for child support takes so long. She indicated her
ex-husband accepted a job working for the State of Colorado eight (8) days after the court hearing
occurred, and he could have been ordered to pay child support retroactively to the date she submitted
her application for child support; however, it is at the discretion of the court what date it selected as the
starting date. She stated the State website indicates arrears should be applied for; however, Weld
County does not award arrears. Ms. Eikenberg indicated she wants the practice to be reflected in a
policy, in order to inform people Weld County does not award arrears. She stated she complained on
May 18, 2011, that she was not receiving notice about motions from the County, and she has also
complained about the copies of the child support checks which have been provided to her being too
small to read. She indicated the Department of Human Services staff does not exemplify the
professional group that is needed to represent parents in desperate needs of their services.
Ms. Eikenberg indicated her ex-husband has filed for a modification of his child support payments,
since he is now on unemployment, and there is not a notification process in place for the custodial
parents when this occurs, nor is there information readily available as to whether there will be an
automatic garnishment from the unemployment checks. She stated she did not receive notification her
ex-husband had filed for a modification of his child support payments until she went to court on May 10,
2011, and the documents submitted by her ex-husband were not date-stamped by the County. She
stated her ex-husband has access to his Public Employees Retirement Association (PERA)
contributions since he is unemployed; however, there has not been any information provided to her
about whether he has withdrawn his PERA contributions, which would invalidate the motion to reduce
his child support payments, since he would be able to continue paying the same amount of child
support if he has withdrawn the funds. Ms. Eikenberg indicated her ex-husband's requests yield results
from the Department of Human Services and her requests do not; therefore, there is a glitch in the
system. She stated there are 25 women in her group, some of which are disabled, who are having
difficulty understanding the inequality in the application of the County services; therefore, she requests
the Board oversee this matter by making sure all the documents are being date-stamped when
received by the Child Support Enforcement Unit and all the legal documents are being signed. Acting
Chair Pro-Tem Long stated he will verify the County is following the State's policies, and he is on the
State Board; therefore, if it is determined there are inequality issues, he will bring those to the Board's
attention. He stated he will research the notification requirements. Ms. Eikenberg indicated she
appreciates Commissioner Long's assistance, and she indicated PERA accounts should be considered
when determining child support. She stated there are two (2) different versions of a child support form,
and the version on the internet is incorrect; however, it is still being accepted, and if the same form is
not completed by both parents, it may not be fair.
Doug Meyer, Weld County resident, submitted an article into the record, titled California Dreaming of
Co2 Reduction, by Kate Power, marked Exhibit A.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
Minutes, May 23, 2011 2011-1296
Page 2 BC0016
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT -
DEBORAH BLANDIN-SURBECK: Acting Chair Pro-Tern Long read the certificate into the record,
recognizing Deborah Blandin-Surbeck for 11 years of service with the Department of Public Health and
Environment.
Gaye Morrison, Department of Public Health and Environment, stated Ms. Blandin-Surbeck was serious
about her job, very responsible, and she has a great sense of humor.
Ms. Blandin-Surbeck thanked the Board for its recognition and the beautiful plaque. Commissioner
Garcia thanked Ms. Blandin-Surbeck for her hard work and efforts. He stated Ms. Blandin-Surbeck had
an exciting opportunity to develop a program for the County, and he wished her good luck with her
future endeavors. Acting Chair Pro-Tern Long stated Ms. Blandin-Surbeck has always provided
pertinent and relevant information, and he is certain other counties have used her program as a model.
RECOGNITION OF SERVICES, EMERGENCY MEDICAL SERVICES COUNCIL - MARY MAST:
Acting Chair Pro-Tem Long read the certificate into the record, recognizing Mary Mast for 19 years of
service on the Emergency Medical Services Council.
Dave Bressler, Director, Weld County Paramedic Service, stated Ms. Mast worked as an Emergency
Medical Services (EMS) Coordinator at Aims Community College, an emergency room nurse, the EMS
Coordinator for the Union Colony Fire Authority, and she is on the national faculty for the Heart
Association. He indicated Ms. Mast provided medical training to the first responders, as well as
providing advanced curriculum training to people such as him. He stated he cannot thank Ms. Mast
enough for her service.
Tim Zimmerman, Division Chief, Frederick-Firestone Fire Department, stated the County has benefited
a great deal from Ms. Mast's knowledge and experience, which she has gleaned from all over the world
and brought back to the first responders and public safety professionals in Weld County.
Ms. Mast concurred with the Commissioners' comments about Ms. Blandin-Surbeck. She stated she
worked with Ms. Blandin-Surbeck on influenza pandemic training, and she is a class act and deserves
the recognition the Board gave her today. She stated she will be retiring on Wednesday and she will
begin operating her American Heart Association training center on Thursday. Ms. Mast thanked her
husband of 42 years for his patience, she thanked the Board for its recognition, and she thanked the
citizens of Weld County. She indicated she spent 30 years in trauma nursing, 15 years teaching at
Aims Community College, and almost 10 years with the Union Colony Fire Authority. Commissioner
Rademacher stated the County is saying goodbye to two (2) great people today, and the EMS
community needs people like Ms. Mast. He wished her luck in the future. Commissioner Garcia
thanked Ms. Mast for volunteering on the Emergency Medical Services Council from the year 1992 to
now. He stated the spirit of volunteerism and people such as Ms. Mast are what make Weld County
great. Acting Chair Pro-Tern Long stated the work Ms. Mast has accomplished funnels down; the
knowledge she has imparted to people will have a ripple effect. He stated the ripple effect begins with
a rock in a pond, and Ms. Mast is the rock.
BIDS:
PRESENT BID #B1100037, CR 23 AND SH 392 INTERSECTION DESIGN - DEPARTMENT OF
PUBLIC WORKS: Monica Mika, Director of Finance and Administration, indicated said bid will be
presented for approval after the Quality Based Services (QBS)/Quality Based Proposal (QBP) review,
which will take approximately 30 days. She stated a work session will likely be scheduled before the
bid is presented for approval.
Minutes, May 23, 2011 2011-1296
Page 3 BC0016
PRESENT BID #61100071, SENIOR NUTRITION PROGRAM/MEAL DELIVERY SERVICES -
DEPARTMENT OF HUMAN SERVICES, AREA AGENCY ON AGING: Ms. Mika stated there was a
work session about this bid last week, and said bid will be presented for approval on June 6, 2011.
PRESENT BID #B1100076, TEN (10) LEASED MOTORGRADERS - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated said bid will be presented for approval on June 6, 2011, and she assumes a
work session is not necessary before the bid is presented for approval. In response to Acting Chair
Pro-Tem Long, Commissioners Garcia and Rademacher indicated they do not see a need for a work
session to be scheduled concerning this bid.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - PETER WOLFF: Christopher
Woodruff, Assessor, stated the Clerk to the Board's Office received a voicemail from the petitioner,
Peter Wolff, requesting a continuance for this matter, due to beginning a new job with the Forest
Service; however, he did not indicate when he would like the matter continued to. He stated it is up to
the Board to determine whether it will continue the matter and for how long it will be continued, and
Mr. Wolff was provided notification of this meeting on May 2, 2011; therefore, he has known about it for
three (3) weeks. He stated he is prepared to give his presentation today, and he suggested a one (1)
week continuance may be sufficient for Mr. Wolff. In response to Chair Rademacher, Mr. Woodruff
indicated there is plenty of time to continue the matter, since the request was submitted in April, 2011,
and the Board has six (6) months from that date to make a determination on the matter. After a brief
discussion about the Commissioners schedules for the upcoming weeks, Commissioner Garcia moved
to continue the matter to June 13, 2011, at 9:00 a.m. Commissioner Rademacher seconded the
motion, which carried unanimously.
CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT
AND LOUNGE: Deputy Lisa Carpenter, Weld County Sheriff's Office, indicated she completed a site
inspection at the establishment, and she has no issues with the renewal application. She stated she
provided contact information for Training for Intervention Procedures (TIPS) training information to the
manager, in order for the bartenders to become certified. Commissioner Rademacher moved to
approve said application and authorize the Chair to sign. Commissioner Garcia seconded the motion,
and he stated there were no recorded calls for service to the establishment. There being no further
discussion, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE AND
AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846:
Deputy Carpenter stated she completed a site inspection at the establishment and examined its
inventory, and there were no recorded calls for service to this establishment; therefore, she has no
issues with the renewal application. In response to Commissioner Rademacher, Deputy Carpenter
stated this store is located at County Road 119 and 1-25. In response to Commissioner Garcia, Deputy
Carpenter clarified when she indicates there were no calls for service to the establishment, it includes
all of the law enforcement agencies utilizing the Tiburon system; not only the Weld County Sheriff's
Office; however, this establishment is within the Weld County Sheriff's Office's jurisdiction.
Commissioner Garcia moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 54 AND AUTHORIZE CHAIR TO SIGN - PLUSS LEASING, LLC: Leon
Sievers, Department of Public Works, stated this is the second property the County is acquiring out of
three (3) for the County Roads 54 and 49 Intersection Improvements Project, and the property is
Minutes, May 23, 2011 2011-1296
Page 4 BC0016
located south of County Road 54 and east of County Road 49. He stated the County is acquiring
two (2) right-of-way parcels and one permanent easement parcel from this property owner. He stated
the first parcel is 2.05 acres of right-of-way from an agriculturally zoned parcel for $3,260.00, which
breaks down to be $1,590.00 per acre, based on an appraisal prepared by Messig Bowes. Mr. Sievers
stated the second parcel is .12 acres of right-of-way from a rural residential parcel for $6,740.00, based
on an appraisal from Messig Bowes, and the third parcel is .37 acres of permanent drainage easement
for $500.00. He stated the property owner is a willing participant in the agreement, and the total
compensation to the property owner will be $10,500.00. Commissioner Garcia moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR
TO SIGN - INTERVENTION, INC.: Doug Erler, Director, Community Corrections, stated both this
contract and the following lease agreement are renewals with a sub-contractor; Invention, Inc. He
stated he and the County Attorney have reviewed the documents and completed the necessary
updates and revisions, and the Board reviewed both items at a work session. He stated the most
notable changes are the terms have been extended one (1) year and there was an increase in rent for
the lease agreement. In response to Commissioner Garcia, Mr. Barker stated he does not have any
concerns about the proposed contract and lease agreement. He stated the documents are basically
the same as last year, with some modifications to fit the circumstances. Commissioner Garcia moved
to approve said contract and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA
INTERVENTION COMMUNITY CORRECTIONS SERVICES: Based on previous discussion,
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USR PERMIT #1630
— REJOICE LUTHERAN CHURCH: Michelle Martin, Department of Planning Services, stated she
received an e-mail from the applicant's contractor on April 29, 2011, indicating the improvements have
been completed, and the Departments of Planning Services and Public Works completed an inspection
on May 6, 2011. She stated most of the improvements have been completed, with the exception of
two (2) American with Disabilities Act (ADA) parking spaces; therefore, it is recommended the Letter of
Credit be revised to $10,218.45 for the two (2) ADA parking spaces and the one (1) year warranty
period.
Rich Hastings, Department of Public Works, stated this is an interim condition and as the congregation
expands, the church will be constructing a new portion, and those plans have already been reviewed
and approved by staff. He stated he spoke to the applicant's contractor and he indicated he has visited
with some of the local residents who have indicated the situation has improved with the relationship
between the local residents and the nearby solar facility. Commissioner Garcia moved to approve said
partial cancellation and release of collateral for Use by Special Review Permit #1630. 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.
Minutes, May 23, 2011 2011-1296
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:48 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L XCUSED
%.rbara Kirkmeyer, Chair
Weld County Clerk to the B�igftS "
WE CUSED
!Ju:�•
t� r, yr• .�an P. Conway' Pro-Tern
BY: /�� q •
Deputy Clerk to the Boa . �I I� 1 R!/CJ(-------
rh F. Garcia
A O FORM: cv,
David E. Long, Acting h it Pro-Tem
County Attorney c AA,'
Douglas ademachei
Minutes, May 23, 2011 2011-1296
Page 6 BC0016
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