HomeMy WebLinkAbout20111054.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 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, April 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
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
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 Garcia moved to approve the minutes of the Board of County
Commissioners meeting of April 20, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on April 20, 2011, as follows: 1) USR #1773 - Ken Wolf; and 2) USR #1774 -
Robert and Mary Stahl. Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Kirkmeyer moved New Item of Business #1) Consider Statement
of Work, Budget, and HIPAA Business Associate Addendum for Aging and Disability Resource Center
Program and authorize the Chair to sign [2011-1034], to be considered after bids and before the old
items of business.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - SUSAN SHILLIDAY
RUTHERFORD: Chair Kirkmeyer read the certificate into the record, recognizing Susan Shilliday
Rutherford for 17 years of Service with the Department of Human Services.
John Kruse, Department of Human Services, thanked Ms. Shilliday for her service, on behalf of the
Department. He stated Ms. Shilliday worked with eligibility and child care matters, and he could not
,1 Minutes, April 25, 2011 2011-1054
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have asked for a better steward of the taxpayers' money; Ms. Shilliday was always working to discover
fraudulent claims, to ensure only eligible individuals and families received assistance.
Judy Griego, Director, Department of Human Services, presented Ms. Shilliday with her retirement pin,
and thanked her for her service to the Department.
Ms. Shilliday stated it has been an honor to serve the County, she learned a great deal, she cherishes
the years, and she will miss all of her co-workers. She expressed her appreciation to everyone for
attending.
Commissioner Rademacher wished Ms. Shilliday well in her future endeavors. Commissioner Garcia
thanked Ms. Shilliday for her service to Weld County's residents. Commissioner Conway concurred
with Commissioners Rademacher and Garcia's comments, and he stated Ms. Shilliday has been a
valuable member of "Team Weld County". Chair Kirkmeyer thanked Ms. Shilliday for everything she
accomplished for Weld County.
RECOGNITION OF SERVICES, COUNTY ATTORNEY'S OFFICE - CYNDY GIAUQUE: Chair
Kirkmeyer read the certificate into the record, recognizing Cyndy Giauque for 24 years of service with
the County Attorney's Office.
Bruce Barker, County Attorney, stated Ms. Giauque began working in child support and she continued
working in that area for approximately five (5) or six (6) years. He stated Ms. Giauque was named the
Outstanding Attorney of the Year for the years 1990 and 1991, and in the year 1992 she gave a great
speech at a National Child Support Conference in Orlando, Florida. He stated Ms. Giauque increased
child support collections by three-fold over the years. Mr. Barker stated Ms. Giauque also completed
work for the Public Trustee, the Sheriff's Office, and the Paramedic Service; and her work was
consistently great. He indicated Ms. Giauque could always be counted on to provide excellent legal
advice about a current situation and the future possibilities for a situation, and she did a great job of
writing letters and legal briefs. He stated Ms. Giauque consistently provided high quality work for
24 years, which he appreciates, and he misses her. Mr. Barker presented Ms. Giauque with her
retirement pin.
Chris Woodruff, Assessor, thanked Ms. Giauque for all of the years of advice she provided to the
Assessor's Office and for representing the office in its tax appeal cases. He stated it is a very
specialized type of law and Ms. Giauque learned it and knew it inside and out, and she learned about
appraisal as well, through collaborating with staff. He stated Ms. Giauque helped to increase the
confidence of his staff, particularly when in situations beyond the County Board of Equalization. He
stated Ms. Giauque provided marvelous legal advice, asked great questions, and challenged him to do
the best he could. Mr. Woodruff stated he will miss her wise counsel, it was a wonderful collaboration,
and she was a great resource during the County Board of Equalization hearings.
Mary Farr stated she served as the Public Trustee for eight (8) years and the other counties were
envious Weld County had Ms. Giauque, and she knew the Public Trustee laws inside and out. She
indicated Ms. Giauque was very supportive throughout a lengthy lawsuit the Greeley Tribune brought
against her. She stated Ms. Giauque is a wonderful lady and she misses her, and she wished her good
luck.
Steve Moreno, Clerk and Recorder, stated Ms. Giauque has the utmost integrity, and has been very
professional in her role as an Assistant County Attorney. He stated the Clerk and Recorder's Office will
miss her, and she has been able to smoothly guide him in handling personnel issues he has brought to
her. He thanked her for her service to Weld County.
Minutes, April 25, 2011 2011-1054
Page 2 BC0016
Margie Martinez, Sheriff's Office, indicated Ms. Giauque has provided the Sheriff's Office with advice on
numerous litigations, and she always provided the information quickly. She stated Ms. Giauque will be
deeply missed.
Rick Dill, Sheriff's Office, expressed his appreciation for Ms. Giauque's professionalism. He stated he
works with the Offender's Supervision Bureau and it is highly litigious, and Ms. Giauque has always
provided great guidance to staff, and she has assisted with day to day operations, such as releasing
records. He stated it was always comforting to know they could rely on Ms. Giauque's knowledge in
the highly specialized area of Correctional Law. Mr. Dill thanked Ms. Giauque for her service.
Dave Bressler, Director, Paramedic Service, indicated the Paramedic Service relied on Ms. Giauque for
legal advice and she was available all hours of the day. He thanked her for her help and smiles.
Ms. Griego stated Ms. Giauque devoted a lot of time and effort into the Department of Human Services
and she been invaluable to it. She stated Ms. Giauque is also her friend.
Mark Ward, Coroner's Office, thanked Ms. Giauque for the guidance and wisdom she has provided to
him over the years. He stated Ms. Giauque has helped the Coroner's Office many times with matters
concerning the release of information.
Randy Winsett, Sheriff's Office, expressed his gratitude to Ms. Giauque, and he indicated she is the
type of person he felt comfortable calling for honest and direct information. He stated Ms. Giauque
served as an advocate, and she has a vast amount of knowledge which will be missed. He stated the
Sheriff's Office has had a wide array of issues, and Ms. Giauque has always been able to quickly point
staff in the right direction, which has been appreciated.
Nancy Lenling, Department of Human Services, Child Support Division, stated Ms. Giauque was her
mentor and a very good friend.
Commissioner Garcia indicated Weld County and many previous Boards of County Commissioners
have relied on Ms. Giauque, and she cares greatly for the employees and citizens of Weld County. He
stated he was recently writing an unemployment brief and he thought about how he would show it to
Ms. Giauque if she was still here; she will be missed. Commissioner Rademacher stated it is clear
Ms. Giauque will be missed by many, and he thanked her for her friendship. Commissioner Conway
stated the comments made by the people who spoke about Ms. Giauque came from the heart, and he
indicated that her professionalism, attentiveness to detail, and friendship have made everyone she
worked with better at their jobs. He thanked Ms. Giauque for her service and wished her good luck.
Chair Kirkmeyer stated she has worked with Ms. Giauque for 11 years, and she has provided counsel
to the Board at numerous Board of Equalization meetings and land use hearings, and she was the lead
attorney on some difficult cases in the 1990s. She stated Ms. Giauque has been an important part of a
team of attorneys which has accomplished a lot of good work. She stated Ms. Giauque's exemplary
dedication to Weld County, and she has been a good friend and will be missed.
Ms. Giauque thanked the Board for allowing her the opportunity to thank everyone and say goodbye.
She expressed her appreciation for the opportunity to have worked for Weld County all these years.
She stated when she began working for the County, Tom David was the County Attorney and he was a
great man and a great boss, and Don Warden was the Director of Finance and Administration.
Ms. Giauque stated it is her opinion the job of the County Attorney's Office is to protect Weld County,
not to embarrass it if they can help it, and to protect its assets. She stated when she began working for
Weld County, she lived in Larimer County, and she realized Weld County is much better organized, and
the employees are honest and hardworking. She stated lawyers need the support of their clients to
provide all the facts, in order to do a really good job, and everyone she worked with provided all the
Minutes, April 25, 2011 2011-1054
Page 3 BC0016
information she requested. Ms. Giauque indicated she considered talking about each Department
within Weld County today and how each Department is challenging and contains amazing people;
however, it would take too long and there is the risk she would inadvertently forget someone. She
thanked Diane Beckman, County Attorney's Office, for providing amazing support, and Stephanie
Arries, County Attorney's Office, for always having bright and uplifting things to say.
BIDS:
PRESENT BID #81100059, 2011 CRACKFILLER - DEPARTMENT OF PUBLIC WORKS: Monica
Mika, Director of Finance and Administration, stated there were two (2) potential vendors identified for
this bid; however, only one (1) vendor submitted a bid proposal; therefore, a work session may be
necessary to discuss why the other vendor did not submit a bid proposal. She stated the bid will be
presented for approval on May 9, 2011.
APPROVE BID #61100056, INMATE VIDEO VISITATION SYSTEM - SHERIFF'S OFFICE/JAIL (TO
BE CON'T TO 5/2/2011): Ms. Mika stated there is a work session scheduled to discuss this bid on
April 27, 2011; therefore, she requests the matter be continued to May 2, 2011. Commissioner Conway
moved to continue said bid to May 2, 2011, in order to conduct a work session. Seconded by
Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER STATEMENT OF WORK, BUDGET, AND HIPAA BUSINESS ASSOCIATE ADDENDUM
FOR AGING AND DISABILITY RESOURCE CENTER PROGRAM AND AUTHORIZE THE CHAIR TO
SIGN: Ms. Griego stated the Board previously approved a contract with the State Department of
Human Services regarding the Aging and Disability Resource Center, and today she is requesting the
Board approve the Statement of Work, the Budget, and the HIPAA Business Associate Addendum for
the Aging and Disability Resource Center Program. She stated the overall goal of the Program is to
empower individuals to effectively navigate their health and other long-term support options, and the
term of the contract is April 1, 2011, through September 30, 2011. Commissioner Rademacher moved
to approve said Statement of Work, Budget, and HIPAA Business Associate Addendum for Aging and
Disability Resource Center Program, and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
OLD BUSINESS:
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 1,
S5, T8N, R59W (CON'T FROM 3/30/11): Mr. Barker stated he has not heard back from Noble Energy;
therefore, he requests a continuance for two (2) to three (3) weeks for all of these requests for oil and
gas lease extensions, in order to be able to discuss the requests further with Noble Energy. He stated
all of the leases expire in October, 2010; therefore, there is plenty of time remaining, and he wants to
talk to representatives for Noble Energy in person about obtaining higher bids. In response to
Commissioner Conway, Mr. Barker confirmed Noble Energy has not contacted him since the
conference call the Board participated in. In response to Chair Kirkmeyer, Mr. Barker clarified there is a
minimum amount required for lease extensions; however, Noble Energy has the option to submit a
higher offer for each lease. Further responding to Chair Kirkmeyer, Mr. Barker confirmed Noble Energy
can increase its offers for the lease extensions without the Board being required to follow a bid process
for the leases. He indicated Noble Energy has the ability to request six (6) month extensions for the
leases, and there is a minimum bid amount requirement, which Noble Energy has met; however, based
on other bonus amounts the County has been receiving recently, he thinks it is wise to pursue higher
amounts for the lease extensions. Chair Kirkmeyer called up old items of business #1 through #16 to
be considered at this time. Commissioner Conway moved to continue the requests to May 16, 2011.
Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, April 25, 2011 2011-1054
Page 4 BC0016
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4
NE1/4, S5, T8N, R59W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the
request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss
the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2 S1/2
NW1/4, S5, T8N, R59W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the
request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss
the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
NE1/4, PT. N1/2 NE1/4, SE1/4 NW1/4, PT. NE1/4 NW1/4, S6, T8N, R59W: Commissioner Conway
moved to continue the request to extend said oil and gas lease to May 16, 2011, in order to allow
Mr. Barker time to discuss the matter further with Noble Energy. Seconded by Commissioner Garcia,
the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4
S8, T8N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - E1/2
NW1/4, S8, T8N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the
request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss
the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S17, T8N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NW1/4,
S20, T8N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SW1/4,
S15, T8N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2
SE1/4, S21, T9N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the
request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss
the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2,
S27, T9N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
Minutes, April 25, 2011 2011-1054
Page 5 BC0016
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - W1/2
SE1/4, S20, T9N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the
request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss
the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - SE1/4,
S30, T9N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - NE1/4,
S31, T9N, R60W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to
extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter
further with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - LOT 4,
SW1/4, NW1/4, S4, T8N, R59W (CON'T FROM 3/30/11): Commissioner Conway moved to continue
the request to extend said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to
discuss the matter further with Noble Energy. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST OF NOBLE ENERGY FOR EXTENSION OF OIL AND GAS LEASE - S1/2, S8,
T8N, R59W (CON'T FROM 3/30/11): Commissioner Conway moved to continue the request to extend
said oil and gas lease to May 16, 2011, in order to allow Mr. Barker time to discuss the matter further
with Noble Energy. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS (CON'T):
CONSIDER GRANT CONTRACT FOR HEALTHY EATING AND ACTIVE LIVING PROJECT AND
AUTHORIZE CHAIR TO SIGN - COLORADO HEALTH FOUNDATION: Gaye Morrison, Department of
Public Health and Environment, indicated this contract will provide funds for the Department to continue
active living and healthy eating activities in the Town of Milliken and the eastern portion of the City of
Greeley. She stated the amount of the contract is $186,067.00, and the term of the contract is April 1,
2011, through March 31, 2012. She stated the grant will fund 1.5 existing FTE, and the corporate
support includes her salary, along with others in the Department. Commissioner Conway stated when
this contract was presented to the Board at a work session, the term of the agreement was January,
through December, and he inquired as to why the term changed. Ms. Morrison indicated the January
commencement date applies to the Agreement for Professional Services with Pam Smith, since funding
was anticipated to be received in January; however, it was delayed by several months, although
Ms. Smith continued to work for the Department. Ms. Mika stated it makes more sense for this contract
to be in effect for the calendar year, to be consistent with the agreement with Ms. Smith; therefore, she
directed Ms. Morrison to make the change. Commissioner Conway indicated he is fine with the term
dates being changed for consistency; however, Ms. Smith worked for three (3) months which are not
included in the agreement, and he inquired as to how she will be paid. Ms. Mika clarified there are
funds allocated from the previous grant year, which were able to be carried over. She indicated the
information was not discussed at the work session with the Board; however, she researched the issue
with Don Warden, Director of Budget Management and Analysis, and Dr. Mark Wallace, M.D., Director
of the Department of Public Health and Environment. In response to Commissioner Conway, Ms. Mika
confirmed the funds for the months of January through March were paid to Ms. Smith from a previous
Minutes, April 25, 2011 2011-1054
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grant; however, she is unsure as to whether the funds were left over from the previous year.
Commissioner Garcia indicated he spoke to Dr. Wallace about this matter and his understanding is that
the reason for the carry over is that the grant commenced in April, for a one (1) year period of time;
therefore, there is no lapse in grant funding for the work completed by Ms. Smith. Chair Kirkmeyer
clarified last year's grant was not on a regular calendar year either; it was on the same term as this
year. Commissioner Conway indicated the term makes sense to him now, and he inquired as to
whether the project coordinator position refers to the retiree the Department hired. Ms. Morrison
clarified the .5 Full Time Equivalent (FTE) Project Coordinator position is filled by Bobbie Puckett and
she is supported half-time by a Preventive Health Block Grant, and the contracted retiree was not
included in this information. She stated the .5 FTE Bilingual Health Educator position is filled by Ofelia
Orozco and the remaining .25 FTE is for Marjorie Hanson, who is the Office Technician. In response to
Chair Kirkmeyer, Ms. Morrison confirmed the 1.25 FTE is filled by individuals who are already
employed by the Department of Public Health and Environment, In response to Commissioner
Conway, Chair Kirkmeyer reiterated this is the contract between Weld County and the Colorado Health
Foundation; not a sub-contract with a vendor. Commissioner Rademacher moved to approve said
grant contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 54 AND AUTHORIZE CHAIR TO SIGN - GEORGE AND ELOISE MAXEY:
Leon Sievers, Department of Public Works, stated this is the first of three (3) parcels the County will be
acquiring for its County Roads 54 and 49 Intersection Improvement Project, and it is located on the
north side of County Road 54 and approximately one-quarter mile west of County Road 49. He stated
0.09 acres of right-of-way is being acquired for $500.00, which is the minimum amount the County pays
to obtain right-of-way, and the landowner is a very willing participant in the agreement. In response to
Chair Kirkmeyer, Mr. Sievers stated the price per acre for this parcel is $3,400.00. In response to
Commissioner Conway, Mr. Sievers stated the cost was determined since a neighboring parcel was
appraised for this amount. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
IRRIGATION PIPE BENEATH CR 64 AND AUTHORIZE CHAIR TO SIGN - LARSON FARMS, LLC:
Janet Carter, Department of Public Works, stated Larson Farms, LLC, will be installing an 8-inch PVC
irrigation pipe under County Road 64, between County Roads 59 and 61. She stated the Department
requests nonexclusive license agreements when right-of-way permits are being applied for, for the
installation of a private structure under the County roadway. She stated the depth of the pipeline
installation will be four (4) feet below the flow line of the roadside ditch, in order to allow for other
utilities to be placed in the area, and to prevent damage from occurring to the roadside ditch.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 62 BETWEEN CRS 47 AND 49 FOR FOURTH AND
FINAL PHASE OF MAIN SEWER LINE REPLACEMENT FOR JBS USA, LLC, FKA SWIFT AND
COMPANY: Ms. Carter stated said closure will commence April 26, 2011, through June 10, 2011, in
order for SEBI to complete the fourth, and final, phase of the main sewer line replacement for JBS
USA, LLC, formerly known as Swift and Company. She stated the local residents and businesses have
all been notified of the upcoming closure. Commissioner Conway inquired as to whether the issue with
the Greeley-Weld County Airport Authority has been resolved. Commissioner Garcia stated the status
of the situation is the Greeley-Weld County Airport Authority is waiting to see whether the main line
needs to be updated. In response to Commissioner Conway, Commissioner Garcia clarified this is part
of the same project, where the size of the line is being increased, and the line will travel along a runway
and a county road. He indicated that it is anticipated the existing pipeline which JBS USA, LLC,
Minutes, April 25, 2011 2011-1054
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currently has underground will be adequate, and a camera was utilized to determine what is
underground in the area; however, he has not heard the results. In response to Commissioner
Conway, Commissioner Garcia confirmed that approving this agreement will not cause any problems
for the Greeley-Weld County Airport Authority, Commissioner Conway moved to approve said
temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously
CONSIDER TEMPORARY CLOSURE OF CR 44 BETWEEN CRS 45 AND 47: Ms. Carter stated said
closure will commence May 2, 2011, through May 6, 2011, in order to replace a culvert. She indicated
the average daily traffic count for County Road 44 is 1,161 vehicles, according to a traffic count
conducted in the year 2009, and magnesium-chloride will be utilized for dust control on the gravel
portions of the detour route. She stated road signs and barricades will be utilized throughout the
closure. Commissioner Rademacher moved to approve said temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 27 BETWEEN CR 66 AND SH 392: Ms. Carter
indicated this is an emergency closure, due to the culvert collapsing; therefore, the closure commenced
today, and it is anticipated to last through April 27, 2011. She stated the average daily traffic count for
County Road 27 is 530 vehicles, according to a traffic count taken in the year 2009. She stated
magnesium-chloride may be used on the gravel portions of the detour route, if the weather dries up,
and road signs and barricades will be utilized throughout the closure. Commissioner Conway moved to
approve said closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 22 BETWEEN CRS 41 AND 49: Ms. Carter stated said
closure will commence May 2, 2011, through May 20, 2011, in order to complete a bridge rehabilitation
for Bridge 22-43A. She stated the entire detour route is paved; therefore, no dust abatement will be
necessary. She stated message boards will be utilized in advance of the closure, and road signs and
barricades will be utilized throughout the closure. In response to Commissioner Rademacher,
Ms. Carter stated the average daily traffic count for County Road 22 is 746 vehicles, according to a
traffic count taken in the year 2009. Commissioner Rademacher moved to approve said temporary
closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMENDMENT#4 TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR
INTRADO/TIBURON ZOLL (EMERGENCY SERVICES SOFTWARE) PROJECT AND AUTHORIZE
CHAIR TO SIGN: Ms. Mika stated approximately five (5) months ago she brought this grant agreement
before the Board and indicated there would not be any further continuations for it; however, she was
wrong, and she is requesting the matter be continued to the end of the year. She stated the County
cannot move forward with the grant until she knows what will happen with the Intrado/Tiburon software;
however, she has received encouragement from the State to move forward with the grant. She stated
she will likely discuss alternative funding for this grant agreement in a future work session, taking into
consideration the County's relationships with the Fire Districts, and the Spillman software. Ms. Mika
clarified the Tiburon component is no longer being pursued. In response to Commissioner Garcia,
Ms. Mika recommended continuing the grant to December 31, 2011. Chair Kirkmeyer stated it is not
Ms. Mika's fault the grant is being continued again; the County has had difficulties with the software and
it has not been satisfied with Tiburon, and it has been billing the County for items which were not
completed. She stated the grant funds paid for the Intrado system, which are the calling units utilized
for reverse 911 calls and text messaging, and the Regional Communications Advisory Board and the
911 Emergency Telephone Service Advisory Board agreed to complete testing on their Instant
Command Management; therefore, they requested to use some of the Intrado units. She stated there
are 440,000 units and there are approximately 20,000, to 30,000 units in use; therefore, the Regional
Communications Advisory and 911 Emergency Telephone Services Advisory Boards agreed to allow
the fire and police districts the chance to utilize the units, by providing each community 2,000 units to
complete testing and training for their Instant Command Management. Chair Kirkmeyer stated the
Minutes, April 25, 2011 2011-1054
Page 8 BC0016
funds are being utilized; just not quickly enough, and the State will only allow the County to continue the
project a certain number of times. Ms. Mika indicated the County is approaching the limit for how many
extensions the State will allow for this grant, which will ruin her perfect record of processing grants.
Commissioner Garcia inquired as to whether Ms. Mika would prefer the matter be continued to
December 21, or December 28, 2011, and she indicated December 21, 2011, is preferable, since there
will be a full Board in attendance; however, the grant agreement will be in effect until December 31,
2011. Commissioner Garcia moved to continue the matter to December 21, 2011, at 9:00 a.m.
Commissioner Conway seconded the motion. Chair Kirkmeyer inquired as to whether this is the
appropriate motion. Ms. Mika suggested the motion be amended to approve the amendment. In
response to Chair Kirkmeyer, Commissioner Garcia amended his motion to include approving the
Resolution to approve Amendment #4 to the grant agreement. There being no further discussion, the
motion carried unanimously. (Clerk's Note: Upon further clarification and direction from Ms. Mika,
subsequent to the meeting being adjourned, it was determined no further action is required for this item
of business; therefore, the matter will not be considered during the Board meeting on December 21,
2011. Ms. Mika indicated the grant agreement will be addressed in future work sessions, and any
related matters requiring Board action will be submitted for placement on an upcoming agenda.)
PLANNING OLD BUSINESS:
CONSIDER DISMISSING REQUEST TO RESCIND RESOLUTION #2010-1246, DATED JUNE 16,
2010, FOR USE BY SPECIAL REVIEW PERMIT #1737 - TROY AND JUDY HEFNER (CON'T FROM
10/25/2010): Michelle Martin, Department of Planning Services, stated the applicants have worked
diligently to complete the Conditions of Approval over the past six (6) months, and the plat has been
submitted and is in the process of being recorded; therefore, she recommends the dismissal of the
request to Rescind Resolution #2010-1246. Commissioner Conway moved to dismiss the request to
rescind Resolution #2010-1246, dated June 16, 2010, for Use by Special Review Permit #1737.
Seconded by Commissioner Garcia, the motion carried unanimously.
PLANNING:
FINAL READING OF CODE ORDINANCE #2011-5, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS AND CHAPTER 22
COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE: Commissioner Rademacher moved to
read Ordinance #2011-5 by title only. Seconded by Commissioner Conway, the motion carried
unanimously. Mr. Barker read the Ordinance into the record by title.
Elizabeth Relford, Department of Public Works, stated the proposed Ordinance represents a good effort
between the Departments of Public Works and Planning Services to provide a document which is
representative of, and affects, both Departments. She indicated that creating the Transportation Plan
has been a good experience for her personally and she is satisfied with what the Departments were
able to produce to present to the Board for adoption as an appendix in Chapter 8 of the Weld County
Code. She stated she has not received any additional feedback from the surrounding communities
since the last reading of the proposed Ordinance. Chair Kirkmeyer provided the opportunity for public
testimony; however, none was given. Commissioner Rademacher moved to approve
Ordinance #2011-5 on final reading. Commissioner Garcia seconded the motion. Commissioner
Rademacher commended Ms. Relford for doing a good job and producing a good product, and he
stated the process took almost two (2) years to complete. Commissioner Conway concurred with
Commissioner Rademacher and he indicated he appreciated Ms. Relford's willingness to seek input
from other communities, and the Ordinance incorporates feedback from the surrounding communities
and citizens that participated in the process. Chair Kirkmeyer stated Ms. Relford did a great job, the
process took a lot of time, the Ordinance is an excellent document, and this is the first comprehensive
Traffic Plan for Weld County.
Minutes, April 25, 2011 2011-1054
Page 9 BC0016
Trevor Jiricek, Director, Department of Planning Services, commended Ms. Relford for completing a
challenging project. He stated he likes the way she goes about her business thoughtfully and diligently,
while keeping people involved, without irritating them, and she accomplished a lot in a short period of
time. Mr. Barker concurred with Mr. Jiricek's comments. Commissioner Conway indicated he hopes
the North Front Range Metropolitan Planning Organization considers Weld County's Transportation
Plan an example which can be used in developing a regional transportation plan. Commissioner
Garcia stated Ms. Relford is a shining star and she should be proud of herself. There being no further
discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2011-5 was approved on final reading.
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 10:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: 4/ 4i,/,,
I ' Barbara Kirkmey Chair
Weld County Clerk to tlde'Sbard s
Sea /. � n a , Pro-Tem�
BY:
Deputy Clerk to the B /t
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AP E T FORM: EXCUSED
David E. Long
Att ey c. X1:, a-
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Minutes, April 25, 2011 2011-1054
Page 10 BC0016
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