HomeMy WebLinkAbout20110167.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 10, 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 10, 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
Commissioner Douglas Rademacher
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 5, 2011, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on January 5, 2011, as follows: 1) USR #1758 — Javier Barron-Sixtos, and 2) Show Cause
Hearing re: USR #1250 — Donald and Margaret larussi. 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, read a document into the record regarding a
case in the State of California concerning coordination, marked Exhibit A.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WELD COUNTY SHERIFF'S OFFICE — PAUL GLANZ: Chair
Kirkmeyer read the certificate into the record, recognizing Paul Glanz for 12 years of service with the
Weld County Sheriff's Office.
�6 'I Minutes, January 10, 2011 2011-0167
Page 1 BC0016
John Cooke, Weld County Sheriff, stated Mr. Glanz has been with the Sheriff's Office since the year
1999, and he was promoted in the year 2005. He stated Mr. Glanz is well-respected and he has served
as a father figure to many who have sought his advice.
Mr. Glanz indicated he has enjoyed working at the Sheriff's Office and he will miss working with his
fellow employees, who are also his friends. Commissioner Conway thanked Mr. Glanz for his service
to the citizens of Weld County, and he stated it is clear Mr. Glanz is well-respected, based on the large
number of people in attendance. He wished him good luck with his future endeavors.
BIDS:
PRESENT BID #61100001, ONE (1) THREE-QUARTER TON 4X4 PICKUP WITH LONG BOX -
DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Finance and Administration, stated
11 vendors submitted bids, and said bid will be presented for approval on January 24, 2011.
PRESENT BID #61100002, ONE (1) THREE-QUARTER TON 4X4 FULL-SIZE CREW CAB PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated eight (8) vendors submitted bids, and said bid
will be presented for approval on January 24, 2011.
PRESENT BID #B1100003, TWO (2) ONE-TON EXTENDED CAB 4X4 PICKUPS WITH DUAL
WHEELS AND UTILITY BOXES - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated six (6)
vendors submitted bids, and said bid will be presented for approval on January 24, 2011.
PRESENT BID #B1100004, ONE (1) HALF-TON 4X4 SHORT BED EXTENDED CAB PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated nine (9) vendors submitted bids, and said bid
will be presented for approval on January 24, 2011.
PRESENT BID #61100005, ONE (1) 4X4 FULL-SIZE REGULAR CAB DIESEL PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated nine (9) vendors submitted bids, and said bid
will be presented for approval on January 24, 2011.
PRESENT BID #B1100006, ONE (1) HALF-TON 4X4 PICKUP - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated nine (9) vendors submitted bids, and said bid will be presented for approval on
January 24, 2011.
PRESENT BID #61100007, ONE (1) HALF-TON 4X4 EXTENDED CAB STANDARD SHORT BOX
PICKUP - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated eight (8) vendors submitted bids,
and said bid will be presented for approval on January 24, 2011.
PRESENT BID #61100008, ONE (1) SMALL VAN - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated four (4) vendors submitted bids, and said bid will be presented for approval on January 24, 2011.
PRESENT BID #61100010, ONE (1) HALF-TON 4X4 SHORT BOX PICKUP WITH SNOW PLOW -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated eight (8) vendors submitted bids, and said bid
will be presented for approval on January 24, 2011.
PRESENT BID #61100018, ONE (1) THREE-QUARTER TON 4X4 EXTENDED CAB LONG BED
PICKUP - SHERIFF'S OFFICE: Ms. Mika stated 10 vendors submitted bids, and said bid will be
presented for approval on January 24, 2011.
PRESENT BID #B1100019, ONE (1) HALF-TON 4X4 EXTENDED CAB PICKUP - DEPARTMENT OF
PLANNING SERVICES: Ms. Mika stated seven (7) vendors submitted bids, and said bid will be
Minutes, January 10, 2011 2011-0167
Page 2 BC0016
presented for approval on January 24, 2011. She stated the factory CNG (compressed natural gas)
conversion option is being considered with this pickup.
PRESENT BID #61100020, ONE (1) THREE-QUARTER TON 4X4 REGULAR CAB SHORT BOX
PICKUP - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated nine (9) vendors
submitted bids, and said bid will be presented for approval on January 24, 2011.
PRESENT BID #61100021, ONE (1) TRANSPORT MINI VAN - SHERIFF'S OFFICE: Ms. Mika stated
two (2) vendors submitted bids, and said bid will be presented for approval on January 24, 2011.
PRESENT BID #61100022, FOUR (4) FULL-SIZE PATROL VEHICLES - SHERIFF'S OFFICE:
Ms. Mika stated six (6) vendors submitted bids, and said bid will be presented for approval on
January 24, 2011.
PRESENT BID #B1100023, ONE (1) CIVILIAN/UNMARKED VEHICLE WITH POLICE PACKAGE -
SHERIFF'S OFFICE: Ms. Mika stated five (5) vendors submitted bids, and said bid will be presented
for approval on January 24, 2011.
PRESENT BID #B1100024, ONE (1) FOUR-DOOR 4X4 SPORT UTILITY VEHICLE (SUV) -
DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated six (6) vendors submitted bids, and
said bid will be presented for approval on January 24, 2011. She stated there is a work session
scheduled to review all of these bids next week.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 33 BETWEEN CRS 40 AND 42: Janet Carter,
Department of Public Works, stated both this and the following road closure will be delayed due to the
weather which occurred over the weekend. She stated the majority of the road crews have been
shifted to snow maintenance, with only one (1) crew continuing to work on culverts, and the ground has
frozen; therefore, the culverts cannot be implemented within the timeframes which were initially
requested. She stated the timeframes may be extended by the Board, the Board may deny the
closures, or the Board may continue the closures. In response to Chair Kirkmeyer, Ms. Carter indicated
it is anticipated that the projects will not commence for two (2) to three (3) weeks after the dates the
projects were originally scheduled to begin, and the duration of the projects will likely be extended. She
inquired as to whether the requests can be withdrawn.
Bruce Barker, County Attorney, indicated the Board can make a motion to withdraw the requests for
temporary closure and refer the matters back to staff. Commissioner Rademacher moved to withdraw
said request for a temporary road closure, and refer the matter back to staff. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 50 BETWEEN CRS 53 AND 55: Based on previous
discussion, Commissioner Rademacher moved to withdraw said request for a temporary road closure,
and refer the matter back to staff. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER INVESTMENT POLICY STATEMENT OF WELD COUNTY 401(K) RETIREMENT SAVING
PLAN AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated this and the following three (3) items
resulted from a meeting with Principal Financial Group regarding necessary changes for the 401(k) and
the 457 Deferred Compensation Plans. She stated two (2) of the four (4) items are investment
strategies, and two (2) of the items are amendments to the plans. She indicated the amendment to the
401(k) Plan includes the Roth contribution component, and the amendment will make the 401(k)
policies more similar to the policies of the 457 Deferred Compensation Plan, including no waiting time
for service, adding the Roth conversion, removing the voluntary contribution limits, allowing inservice
Minutes, January 10, 2011 2011-0167
Page 3 BC0016
withdrawals twice a year, and allowing the qualified domestic relations order. Commissioner
Rademacher moved to approve said Investment Policy Statement of the Weld County 401(k)
Retirement Saving Plan and authorize Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER AMENDMENT #1 TO WELD COUNTY 401(K) RETIREMENT SAVING PLAN AND
AUTHORIZE CHAIR TO SIGN: Ms. Mika indicated she described the amendment during the previous
item of business, and she stated the Investment Policy Statements for the Plans have been in effect
since the year 1985, when the two (2) plans went into effect; however, there was a not a ratification of
the Investment Policy Statement for the 401(k) Plan, which is what the Board approved under the last
item of business. Based on previous discussion, Commissioner Conway moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER INVESTMENT POLICY STATEMENT OF WELD COUNTY DEFERRED COMPENSATION
PLAN AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated this is the same information as was
previously provided about the 401(k) Plan, and the Investment Policy Statement will provide the
statement of purpose for the investment strategy, as well as clearly delineated investment objectives.
Commissioner Rademacher moved to approve said Investment Policy Statement of the Weld County
Deferred Compensation Plan and authorize the Chair to sign. Seconded by Commissioner Conway,
the motion carried unanimously.
CONSIDER AMENDMENT #1 TO WELD COUNTY DEFERRED COMPENSATION PLAN AND
AUTHORIZE CHAIR TO SIGN: Ms. Mika stated there are three (3) basic changes in the amendment,
and the first is the addition of Roth contributions. She stated the next change is the small payout
amount was increased from $1,000.00 to $5,000, and the last change was changing the eligibility from
70.5 years, to 65 years, in order to make the 457 Deferred Compensation Plan consistent with the
401(k) Plan. In response to Commissioner Conway, Ms. Mika stated these changes will not have a
fiscal impact on the County, even though this amendment allows employees to draw the 457 Deferred
Compensation Plan funds five (5) years sooner, because it is the employees' money. Commissioner
Rademacher moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER CERTIFICATION OF COMPLIANCE FOR COLORADO SENATE BILL #06-090 AND
AUTHORIZE CHAIR TO SIGN: Chair Kirkmeyer stated Colorado Senate Bill #06-090 is a law which
was passed in the year 2006, and requires the County to indicate it is following all the Federal
immigration laws. Mr. Barker stated this item of business is approving a form, which is attached to a
letter, dated January, 2011. Chair Kirkmeyer clarified the Colorado Department of Local Affairs (DOLA)
must ensure the County is in compliance with the law; otherwise, DOLA will not award Weld County
any grant funding. Commissioner Rademacher moved to approve said Certification of Compliance and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
OLD HEALTH BUSINESS:
CONSIDER SUSPENSION OR REVOCATION OF FOOD LICENSE - NUNN CAFE (CON'T FROM
10/11/10): Dan Joseph, Weld County Department of Public Health and Environment, stated on
October 11, 2010, the Board directed staff to conduct two (2) additional inspections of the Nunn Café,
during which time, the facility had no repeated critical violations and remained in compliance. He stated
the establishment would have been closed if there were repeated critical violations, and it would have
remained closed until the matter returned before the Board. He stated the Department conducted the
first of the two (2) inspections of the Nunn Café on December 14, 2010, at which time two (2) critical
violations and one (1) noncritical violation was noted; however, the facility was allowed to remain open
since there were no repeated critical violations and the facility was in substantial compliance.
Minutes, January 10, 2011 2011-0167
Page 4 BC0016
Mr. Joseph stated staff conducted the second inspection on January 6, 2011, at which time six (6)
critical violations and two (2) noncritical violations were observed; however, some of the violations were
the result of efforts to correct other violations at the facility. He stated an example of this is the reach-in
cooler ceased to operate, and the facility was trying to keep the food products cold with ice baths;
however, it did not work for all the food products, resulting in a cold holding violation. He recommended
continuing the matter for 60 days, based on the results of the last inspection, and completing two (2)
more inspections of the facility, as well as requiring the Nunn Café's staff to attend formal training
during that time, in addition to the in-house training which has been completed. Mr. Joseph
recommended that if during the 60 day continuation repeated critical violations are noted, or there is no
improvement, the facility be closed until next the hearing date.
Deb Adamson, Weld County Department of Public Health and Environment, stated there were a lot of
critical violations observed at the most recent inspection, including moldy lemons, and pest evidence
was discovered in a shed; however, it was not in the food. She stated she and Mr. Joseph feel there
are some mitigating factors; therefore, the facility should not be closed, yet it should have additional
oversight.
Samantha Champion, representative for the Nunn Café, indicated the facility has been working hard to
come into compliance, including completing education modules for the staff. She stated she would like
the opportunity to keep the Nunn Café's doors open to the community and to continue to improve, as it
is an important staple in the community and there are not many services available to people in the area.
Kevin Faulkner, Manager of the Nunn Café, stated there was issue with gloves at the last inspection,
and the employee who was involved has been written up and he will be terminated if he fails to comply.
He stated he was recently considering completing the Manager Safety Class, without knowing it would
be recommended by the Department of Public Health and Environment today. In response to Chair
Kirkmeyer, Mr. Faulkner indicated he does not have any issues with staff's recommendations.
Commissioner Garcia stated that the owner was out of the state at the last hearing in October, and he
inquired as to what the current situation is. Mr. Faulkner stated the owner just had knee surgery and
she remains within the State of Minnesota. He stated the only communication he has had with her has
been by telephone and he is unsure as to when she will be returning. Commissioner Garcia inquired as
to whether the owner is supportive of the changes. Mr. Faulkner indicated he believes the owner has
lost interest in the establishment and that she would rather remain in Minnesota, and over the past
60 days he has been negotiating an arrangement to lease the café from her. Further responding to
Commissioner Garcia, Mr. Faulkner confirmed he has free reign to make the necessary changes at the
establishment. Chair Kirkmeyer provided the opportunity for public testimony; however, none was
provided. In response to Commissioner Rademacher, Mr. Joseph reiterated his recommendation is
continuing the matter for 60 days, with the instruction to complete two (2) more inspections during that
timeframe, and to uphold the previous conditions regarding no repeated critical violations being allowed
and substantial improvement being required. He stated the average number of violations discovered at
the facility over the last two (2) inspections is 5.5; whereas, the overall average for Weld County's
facilities is 2.0 to 2.5; therefore, staff wants to see the facility decrease its number of violations.
Commissioner Conway stated Mr. Faulkner mentioned one (1) employee was having trouble following
the rules, and he inquired as to whether Mr. Joseph observed this. Mr. Joseph confirmed at least
three (3) of the violations at the second inspection were related to a specific employee, who was not
present at the first inspection; however, other violations were related to the facility itself, such as the
faucet at the hand sink not working. Ms. Champion indicated the facility needs to follow the proper
steps of verbal and written warnings before it can terminate the employee who is responsible for those
violations. Commissioner Rademacher moved to continue the matter to March 14, 2011, at 9:00 a.m.,
under the terms and conditions outlined by staff. Commissioner Conway seconded the motion, which
carried unanimously.
Minutes, January 10, 2011 2011-0167
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 9:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO ADO
ATTEST
ara Kirkmeyer, hair
Weld County Clerk to the BoJ'
1861 ch ¢. :,dean P. C ay, Pro-Tem r
BY: • :� >
d l Deputy Clerk to the Boar K'tltff
f ' fpm F. Garcia
APPR AS M: o
David E. Long
n ttorn �ev9/C raid 6
Douglas Radema er
Minutes, January 10, 2011 2011-0167
Page 6 BC0016
Fot`st Service Settles After Losing Lawsuit in which the Judge Ruled that the Forest Service had failed t... Page I o
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Forest Service Settles After Losing Lawsuit in which the Judge Ruled ' d
that the Forest Service had failed to"Coordinate"with the State of Donate California
Like ` 8e the first of your friends to like this,
By Fred Kelly Grant President,American Stewards of Liberty-- Usemame
in September,2009,a federal district judge ruled that in revising forest management plans,the Forest Service failed to engage
in the"coordination"communication process with the state of California. Password
The case,f'aljtornia Resources Agenegy.United States Department ofAgriculture,Case Nos.o8-ott8g-MHP and 08-3884-
Remember Me
MHP,United States District Court for the Northern District of California San Francisco Division,September 29,2009.found
that the National Forest Management Act and the Service's own 1982 Planning Rules mandated coordination and the Court Logan
ruled that the plan revisions were made in violation of law.The Judge ordered briefs by both parties as to what the remedy
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should be. In a settlement agreement filed December 15,solo,the Forest Service has agreed to go back and reconsider its
plans,this time in coordination with the State. Forgot your Username?
Register
For several years American Stewards of Liberty has presented information regarding the'coordination"communication
process that federal agencies are mandated to engage in with local governments. The organization also has assisted local
governments in implementing the process by which they can pursue consistency between local plans and policies and those of
the federal agencies. FAQ about Coordination
One of the case decisions that the organization has cited as legal base for the mandatory-nature of"coordination"is the Federal Laws
California Resources Agency case.The decision was entered by United States District Judge Marilyn Hall Patel in the
Northern District of California on September a9,2009. State Laws
The Judge found that the Forest Service had failed to implement every element of the`coordination"process in its relationship Cases
with the state of California regarding revision of forest plans for four California National Forests.
Articles
Specifically,the judge found that the Forest Service had not included the California policy on"roadless areas"in the Final
Case Study Directory
Environmental Impact Statement.The Court ruled that this failure deprived the public of the right to compare the
inconsistencies between California's policy and that of the Forest Service.
The National Forest Management Act applied by the Court requires the Forest Service to coordinate with the State,the Tribes
and local government. Only the State and some environmental groups challenged the Forest Service's process. No local
governments filed a challenge.The Forest Service contended that it had indeed"coordinated"with the State,but the Judge , •
decided that the Service had failed in one aspect of"coordination"as described in the 1982 Forest Planning Rules. She
outlined four major components of`coordination:" l i •
e calf,•
http://americanstewards.us/coordination/resources/cases/forest-service-settles-after-losing-lawsuit-in-which... 1/7/201
Forest Service Settles After Losing Lawsuit in which the Judge Ruled that the Forest Service had failed t... Page 2 0:
L Consideration of the objectives of state,local governments and Tribes;
2. Assessment of how the state,local and Tribal policies interrelate to federal plans and policies,and the inter-related impacts
of the various policies[It is through this assessment that inconsistencies between federal,state,local and Tribal policies are Educating .
detected and assessed as to their impact on each level of government];
3. Determination by the Forest Service as to how its plan should deal with the inter-related"impacts'of the varions policies; We educate Americans on issues
[This is the determination through which the Service would decide how to deal with the inconsistencies discovered during affecting property rights and
the assessment of the various policies and their inconsistencies.];and individual liberties through our
4. Consideration of alternatives that would resolve the inconsistencies and/or conflicts that are determined to exist through publications,Standing Ground arid
the assessment and determination:in the Court's words: here conflicts with Forest Service planning gre Coordination Works,
identified.consideration of alternatives for their resolution."(Page tti of Opinion,emphasis added).
The Court found that the only element of the coordination process not followed by the Forest Service was a requirement that it
discuss the California policy as to'roadleo areas in order to demonstrate the inconsistencies between the Forest Service
proposed plan and the California policy: Training .
'Even if the Forest Service's review of California's policy was impeded by California's failure to fully engage in the planning We train lov:al
process,the rule nevertheless required the Forest Service to display the results of its review,however impeded....The results governments how to
of the Forest Service's review of state input should have been displayed in the FEIS,even if part of the discussion would have assert their
consisted of noting that the State had not fully engaged in the.process...." coonlinate role in
the federal and.state
"Thgfailure to provide and discussion of input from the State,or atleastof the State's failure itt.f slab planning proeess
engage in the planting prude is s a.violation of the.NFMA. This is more than a merely technical violation,as it
through our Cot Id.
significantly inhibits the public's ability to understand the competing priorities of the Forest Service and the State."
Americo conference
The Court ordered the parties to file briefs describing their views of what process should be followed in compliance with her program.
decision. December 22,2010,the California Attorney General,and Governor elect,Edmund G.Brown Jr.announced a
settlement through which the Forest Service is required to"reconsider its plans regarding wilderness lands in four national
forests.'
Winning.
Brown said:-With this settlement,the state of California will now play an active role along with the Forest Service in
determining which areas of Southern California forests will be preserved us wilderness.' We are winning
tattles in o-
According to Brown's news release,the state's basic complaint,in addition to failure to coordinate,was that the Forest Service communities
was planning to allow new roads and trails for off-road vehicles and other uses. California opposed the new road and trail nationwide and one-
openings.The Court did not rule against the Forest Service on any issue except the failure to coordinate. by-one we an:
'she Settlement reached by the parties"requires the Forest Service to consider designating as many as 37 new wilderness or
restoring our nation
roadless area- Brown's release states:"while the plan is being redone,the Forest Service cannot allow new roads,and it from the ground up.
"
must undertake restoration efforts.The state and environmental groups will collaborate with the Forest Service to make sure
the forests are protected in the revised management plans.'
According to Lester Snow,Secretary for Natural Resources in California:-By working together.we've achieved our goal of
helping to guide the forest management plan to ensure that California's national forests remain pristine."
The news release concludes with the statement:'Once completed,the Forest Service plans will he presented to Congress to
permanently protect designated areas as undisturbed wilderness.'
Even though local governments did not involve themselves in the lawsuit,each county in which airy of the affected forest lands
are located would have been entitled to the same result.The lows that require coordination with the state require the same
with local governments---cities,towns,counties and special taxing districts. If any local government has an interest in the
roadless nature of the Los Padres,Angeles.Cleveland and San Bernardino national forests,it must act quickly in asserting its
coordination rights.
Now that the Settlement has been signed,if local governments do not assert themselves,their voices will not be heard as the
parties go forward to enlarge wilderness areas to be undisturbed by off-road vehicles as well as other multiple uses by citizens
that require trails or roads.
Case Decision for CA vs.USDA
http://amerieanstewards.us/coordination/resources/cases/forest-service-settles-after-losing-lawsuit-in-which... 1/7/20
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