HomeMy WebLinkAbout20111821.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 25, 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, July 25, 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-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Controller, Barbara Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 20, 2011, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on July 20, 2011, as follows: 1) AmUSR #521 - David Farley Family Trust,
do Fred Otis, Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated he met with Commissioner Conway on
Friday to discuss the Comprehensive Plan, and he suggested a sentence be added to the end of
Article V, Section 22-5-40.C which states, "Compensation for acquisition of privately owned land for
public open space should be required." He also indicated he would like the word "voluntary" to be
inserted in front of the word donations in Section 22-5-50.3 of the Weld County Code. Commissioner
Conway stated it was a fruitful meeting and Mr. Meyer's suggestions were consistent with his previous
testimony before the Board regarding protecting private property rights, and it is the desire of the Board
to protect private property rights to the highest degree possible. He indicated he will follow up on the
matter with Mr. Meyer within a week.
CONSENT AGENDA: Bruce Barker, County Attorney, stated there is some confusion as to the
agreement with Xerox, which is Item #2 under Miscellaneous, on the Consent Agenda; therefore, he
recommends removing it, and it will then be added as a regular Item of Business for the Board's
consideration at the next Board meeting. Commissioner Rademacher moved to approve the Consent
Minutes, July 25, 2011 2011-1821
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Agenda, with the deletion of Item #2 from Miscellaneous. Commissioner Garcia seconded the motion,
and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER NEIGHBORHOOD STABILIZATION PROGRAM (NSP) TECHNICAL ASSISTANCE (TA)
AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Tom Teixeira, Director, Weld County Housing
Authority, stated this agreement is for technical assistance being offered by the Federal government,
and there is no charge to the County or against the grant for the assistance. He stated the involved
parties include the provider, the County, and the Cities of Fort Lupton and Greeley. Commissioner
Rademacher moved to approve said agreement. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PUBLIC HEALTH SERVICES: Dr. Mark
Wallace, M.D., Director, Department of Public Health and Environment, stated these are proposed
changes to the clinical fee schedule, as detailed in a "pass-around" document, dated June 25, 2011.
He stated both of the proposed changes are in regards to the tuberculosis treatment program. He
clarified the Department is embarking on a new form of testing for tuberculosis, since the old method
where the test was applied to the skin and the individual returned later for the reading was less
accurate and there were complications with people not returning for the reading and false positives. He
stated the new test is referred to as QuantiFERON and it requires a single blood sample to be drawn,
and it is more accurate at identifying true cases of tuberculosis. Dr. Wallace stated when the
Department was anticipating transitioning to this new testing, a fee was established, which has turned
out to be inadequate; therefore, he requested the fee be increased from $62.00 to $82.00, as indicated
on the Fee Schedule. He stated there is also a fee being discounted for individuals without insurance,
which was made possible as the result of supplemental funding from the Colorado Department of
Public Health and Environment. In response to Acting Chair Pro-Tem Conway, Dr. Wallace indicated
the change in testing will save the Department money in the long run because staffing and medication
costs will be saved, since the new tests will eliminate false positives and unnecessary months of
treatment. Commissioner Garcia moved to approve said revisions to the Fee Schedule for fees
collected by the Weld County Department of Public Health and Environment Public Health Services.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CR 84 AND STATE HIGHWAY 14: Janet
Carter, Department of Public Works, stated said closure will commence July 25, 2011, through July 28,
2011, in order to replace a culvert. She stated a 15-inch corrugated metal irrigation pipe will be
replaced with a new one, and water will be utilized for dust control on the gravel portion of the detour
route. She stated the average daily traffic count on County Road 27 is 19 vehicles, according to a
traffic count conducted in the year 2008. Commissioner Rademacher moved to approve said
temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AGREEMENT FOR COMMUNICATIONS TOWERS MAINTENANCE SERVICES AND
AUTHORIZE CHAIR TO SIGN - WIRELESS ADVANCED COMMUNICATIONS, INC.: Mr. Barker
stated he has been working on this agreement for awhile, and Exhibit A is a sales quote which includes
all the hardware being maintained under the agreement and a list of what Wireless Advanced
Communications, Inc., will complete. He stated he feels comfortable with the proposed agreement and
this company has been providing these services for the County for a long time; however, there was
never a formal written agreement in place. He stated the proposed agreement lasts through the end of
the year, and it allows for renewals to occur on a yearly basis; however, he wants to make sure
Exhibit A is updated every year. Commissioner Garcia stated the quote is dated April 27, 2010, and he
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inquired as to whether the information is still accurate. Mr. Barker stated this is a current quote, as it
was just e-mailed to him approximately two (2) or three (3) weeks ago; however, he may request that
the date be corrected. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER 48 HOUR FILM PROJECT LOCATION RELEASE AND AUTHORIZE CHAIR TO SIGN -
48 HOUR FILM PROJECT, INC.: Mr. Barker stated he emailed the Board yesterday about this
agreement and he is concerned that the agreement waives the right the Board has to stop the showing
of whatever is produced if the Board takes exception to the material. He stated he was not at the work
session on this matter; therefore, he will defer to the Board, if it is comfortable with the agreement;
however, this company requested to film a project in the year 2002, and he recommended against
signing the document at that time. He stated he has drafted a release form for all the involved parties
to sign regarding liability for injuries and damages. Chair Pro-Tem Conway stated the film maker is in a
competition, and he has participated in, and won, a number of competitions. He stated he is confident
from the work session that the film maker is not going to produce an inflammatory or controversial film,
and each film maker is assigned a topic; therefore, he is limited by the topic he was assigned. He
stated there will be editorial freedom on the part of the film maker; however, he views this as an
opportunity to highlight Weld County and develop relationships. Chair Pro-Tem Conway stated the only
concern the Board had at the work session is that the County would not be held liable for injuries, and
the film maker had followed this process a number of times and ensured the Board that the County will
be held harmless. He stated the film maker has also agreed to allow the County to place the film on its
website and utilize it for commercial purposes if it chooses. Mr. Barker indicated if the Board does not
approve the agreement, the film maker's superiors may direct him to film the project at another location;
therefore, if the Board is comfortable with the agreement, it should not delay its approval.
Commissioner Garcia inquired as to whether it would be better to continue the matter, in order to wait
until the release form has been signed and returned. Chair Pro-Tem Conway stated the filming needs
to be completed this Sunday. Mr. Barker stated the film maker sent an email to Chair Kirkmeyer this
morning, indicating he is waiting for the release form. Commissioner Rademacher moved to approve
said release and authorize the Chair to sign. Commissioner Garcia seconded the motion.
Commissioner Long stated he wants to error on the side of caution, and he appreciates the e-mail
Mr. Barker sent the Board about how the footage may be used for purposes of concern at a later time
which would be of concern to the Commissioners; therefore, he will be requesting a roll call vote.
Commissioner Rademacher stated he was in the same camp as Commissioner Long, since he would
hate for the County to be portrayed in a negative light. He stated Fox 31 contacted him, since it also
wants to use the missile site as a filming location, and he had a long conversation about what was to be
filmed and he feels comfortable with it. He stated the Board is taking more of a risk with this film;
however, he will support it. Commissioner Garcia stated his concerns were about liability in regards to
accidents; however, the information provided by the County Attorney has satisfied his concerns. Chair
Pro-Tem Conway stated if he had not attended the work session, he would share the same concerns
as Commissioner Long and Mr. Barker; however, he had the chance to discuss the matter with the film
maker, who is an award-winning film student from Metro State, and he satisfied all his questions. Upon
request for a roll call vote, the motion carried three (3) to one (1), with Commissioner Long in
opposition.
CONSIDER AGREEMENT FOR ELECTRONIC MONITORING EQUIPMENT AND SERVICES AND
AUTHORIZE CHAIR TO SIGN - BI, INC.: Mr. Barker stated the County has entered into this
agreement for electronic monitoring services with this company for a number of years. He stated Brad
Yatabe, Assistant County Attorney, reviewed the agreement and made a couple of changes to it, which
he supports, and BI, Inc. has agreed to those changes; therefore, he recommends approval of the
agreement. Commissioner Rademacher inquired as to whether this agreement is ever put out for bid.
Mr. Barker indicated he is unsure and will defer to a representative from the Sheriff's Office to answer
the question.
Minutes, July 25, 2011 2011-1821
Page 3 BC0016
Commander Rich Wayman, Sheriff's Office, stated this agreement is the result of a Request for
Proposal (RFP) which was initiated in April, 2011, and approved by the Board on May 4, 2011. He
stated this is a three (3) year agreement to provide services and equipment for the electronic
monitoring of offenders. Commissioner Rademacher moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER LETTER OF AGREEMENT FOR CONDUCT OF INTEGRATED EMERGENCY
MANAGEMENT COURSE AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director, Office of
Emergency Management, stated this Letter of Agreement is part of the application which was submitted
to the Board in January for Federal Emergency Management Agency (FEMA) training. He stated Weld
was one of Counties selected to participate in the training, and the Letter of Agreement requires the
County to commit to participating in the training, and the agreement indicates elected officials and
department heads will attend the training, along with other recommended personnel. He stated the
training will be conducted in the State of Maryland, at the FEMA training center, August 6 through
August 11, 2012. In response to Chair Pro-Tem Conway, Mr. Rudisill clarified the County has already
been selected to receive the training, and at this point, the Board is being asked to sign the agreement
for the training. He stated the room and board have been paid for and the airfare will be reimbursed;
therefore, the only item which will need to be purchased is food. Commissioner Rademacher inquired
as to who is going to attend the training. Mr. Rudisill stated a list has not been developed at this point;
however, individuals will be identified as the process moves forward. He stated obviously everyone
they would like to attend cannot, since there may be issues requiring command and control which arise
locally while the training is occurring. He suggested those individuals be identified at a work session.
Commissioner Garcia moved to approve said Letter of Agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2011-6, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS, OF THE WELD
COUNTY CODE: In response to Mr. Barker, Elizabeth Strong, Acting Clerk to the Board, stated the
Ordinance has not been read to tape, since there is no document in place yet, and staff will be
requesting a continuance.
Frank Piacentino, Building Inspections, requested that the first reading of Code Ordinance #2011-6 be
continued to August 22, 2011. Chair Pro-Tem Conway provided the opportunity for public testimony;
however, none was given. Commissioner Rademacher moved to continue the first reading of
Ordinance #2011-6 to August 22, 2011. Commissioner Long seconded the motion. Mr. Barker stated
there will be other Ordinances considered by the Board on August 22, 2011, in addition to this one,
including changes to the Planning Code. He stated the proposed changes to the Planning Code are
scheduled to be considered by the Planning Commission on August 2, 2011. Chair Pro-Tem Conway
indicated he has some proposed amendments to the Planning Code he will provide to Mr. Barker after
the Board meeting, so Mr. Barker can present the proposed changes to the Planning Commission on
August 2, 2011. Commissioner Rademacher suggested a work session be scheduled to discuss the
matter. There being no further discussion, the motion carried unanimously.
OLD PLANNING BUSINESS:
CONSIDER RECORDED EXEMPTION #4754 - THOMAS RYAN (CON'T FROM 06/13/11): Chris
Gathman, Department of Planning Services, stated the applicant is requesting that this matter be
continued to August 22, 2011, because he has not completed the Condition of Approval which consists
of reaching an avigation easement agreement with the Airport Authority, and the applicant would like
the review of the matter to occur before a full quorum of the Board. Commissioner Garcia stated he is
the Chairman of the Airport Authority Board, and he has not been apprised of any efforts made by the
Minutes, July 25, 2011 2011-1821
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applicant to secure the agreement. Chair Pro-Tem Conway indicated he is on the Airport Authority
Board also, and he has no knowledge of efforts the applicant has made.
Tom Hellerich, representative for the applicant, stated he is unsure as to the status of the situation;
however, he met with representatives of the airport and they referred him to contact their legal counsel,
which he did, and he participated in a meeting with the legal counsel at his office approximately two (2)
to three (3) months ago, where the matter was discussed. He stated he has followed up on the
meeting with telephone calls; however, he has not been able to expedite the matter. He stated the
airport submitted its standard easement agreement approximately a year ago; however, it has
conditions he cannot accept, such as limitations on oil and gas activity, and existing structures not
being protected from removal. Mr. Hellerich stated he needs more time to resolve the matter.
Commissioner Conway inquired as to whether Mr. Hellerich will have enough time to resolve the matter
before August 22, 2011. Mr. Hellerich indicated he is unsure as to whether continuing the matter to
August 22, 2011, will provide adequate time to complete the Condition of Approval; however, he would
like the process to continue moving forward. In response to Commissioner Rademacher, Mr. Gathman
stated this is the last outstanding Condition of Approval. He stated this Recorded Exemption was
initially approved in early 2008; therefore, there may have been changes in the members on the Airport
Authority Board from when the referral process occurred. Commissioner Rademacher indicated that he
is willing to grant a continuance to August 22, 2011; however, he does not know if he will be willing to
grant additional time if the Condition of Approval has not been met by then. Chair Pro-Tem Conway
stated he and Commissioner Garcia will attempt to ascertain the status of the situation with the airport.
Mr. Hellerich indicated he would appreciate any assistance Chair Pro-Tem Conway and Commissioner
Garcia are able to provide regarding the matter. Commissioner Garcia moved to continue Recorded
Exemption #4754 until August 22, 2011, at 9:00 a.m. Seconded by Commissioner Rademacher, the
motion carried unanimously.
NEW HEALTH BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST MID PLAINS INVESTMENTS, LLC, FOR VIOLATION OF THE WELD COUNTY
CODE: Troy Swain, Department of Public Health and Environment, stated staff began receiving
complaints about this apartment building in June, 2011, and based on the appearance of the property,
the apartment complex had not been receiving trash service for a significant period of time. He stated
photographs of the property were taken on June 28, 2011, copies of which have been submitted for the
Board's review, and the property owner was sent notification that the problem needed to be corrected
within 10 days. He stated the trash issue initially proceeded to worsen, as indicated by the
photographs taken on July 12, 2011; therefore, staff moved ahead with scheduling today's hearing.
Mr. Swain stated he met with Bryan Bunning, caretaker for the property, on July 20, 2011, and he had
an earlier phone conversation with Mr. Bunning, where he indicated the original owner was no longer
able to oversee the apartment complex, and the owner's father and Mr. Bunning were going to meet to
determine a resolution; however, nothing had improved as of July 12, 2011. He stated on July 20,
2011, Mr. Bunning provided a copy of a trash service agreement to him, and trash is being removed
twice a week from the dumpster on the property. He stated staff is not requesting the Board to
authorize the County Attorney to proceed with legal action at this point, based on the progress being
made on the property; however, he would like to request a continuance of the matter until August 15,
2011, in order to monitor whether progress continues to be made. In response to Chair Pro-Tem
Conway, Mr. Swain confirmed progress is being made; however, he is not comfortable dismissing the
matter yet. In response to Commissioner Garcia, Mr. Swain clarified there is one (1) central location
where trash is accumulating; however, the wooden structures shown in the photographs are not
suitable containers for trash and need to be removed. Chair Pro-Tem Conway provided the opportunity
for public testimony; however, none was given. Commissioner Garcia moved to continue the matter
until August 15, 2011, at 9:00 a.m. Seconded by Commissioner Rademacher, the motion carried
unanimously.
Minutes, July 25, 2011 2011-1821
Page 5 BC0016
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 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board c Sean P. n ay, Pro-Tem
BY: t` k Pe2o r
Deputy 61�rk to the Board�'reil'e Willi . Garcia
tetw �% vid E. Long
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® q ae N, Douglas Rademache
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Minutes, July 25, 2011 2011-1821
Page 6 BC0016
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