HomeMy WebLinkAbout20111594 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 29, 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, June 27, 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-Tern — EXCUSED
Commissioner William F. Garcia — EXCUSED
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 Long moved to approve the minutes of the Board of County Commissioners
meeting of June 27, 2011, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add the following New Items of
Business to the Agenda: 7) First Reading of Weld County Code Ordinance #2011-7, In the Matter of
Repealing and Reenacting, with Amendments, Chapter 2 Administration, of the Weld County Code, and
8) First Reading of Weld County Code Ordinance #2011-8, In the Matter of Repealing and Reenacting,
with Amendments, Chapter 12 Licenses and Permits, of the Weld County Code. Seconded by
Commissioner Long, the motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1100094, ELEVATOR UPDATE FOR PROBATION BUILDING - DEPARTMENT OF
BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated said bid
will be presented for approval on July 13, 2011, and there are four (4) potential vendors.
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NEW BUSINESS:
CONSIDER TWENTY-SEVEN (27) AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR
SERVICES WITH VARIOUS PROVIDERS AND AUTHORIZE THE CHAIR TO SIGN: Judy Griego,
Director, Department of Human Services, stated these amendments were reviewed at work sessions
on March 23 and May 26, 2011, and are for an overall increase of $285,975.00. She stated the
increases are necessary to meet the service demands, and all the amendments are for terms ending
May 31, 2011. She stated two (2) of the amendments are to agreements with Alternative Homes for
Youth for Day Treatment and Sex Abuse Treatment Services, and the County did not utilize those
services; therefore, the maximum funding was decreased to $0.00. Ms. Griego read the names of the
other facilities, program areas, and the new funding amounts into the record, as listed on Exhibit A.
She stated the Board will later consider another group of amendments for this term. In response to
Chair Kirkmeyer, Ms. Griego stated the increases will be provided from a combination of Temporary
Assistance to Needy Families (TANF) funding, Child Welfare funding, and the General Fund.
Commissioner Long moved to approve said amendments and authorize the Chair to sign. Seconded
by Commissioner Rademacher, the motion carried unanimously.
CONSIDER SUBSTANCE ABUSE TREATMENT SERVICE AGREEMENT FOR CHILD WELFARE
CLIENTS AND AUTHORIZE CHAIR TO SIGN - SIGNAL BEHAVIORAL HEALTH NETWORK:
Ms. Griego stated this agreement was presented at a work session conducted on May 16, 2011, and it
is for a maximum amount of $300,000.00, which will be paid from Core Services funding. She stated
the term of the agreement is June 1, 2011, through May 31, 2012; and Signal Behavioral Health
Network will contribute a maximum amount of $115,126.04 from its designated Additional Family
Service funds, for a term commencing July 1, 2011, through June 30, 2012. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT TO DEVELOP AN ACCESS CONTROL PLAN
FOR CR 49 AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works,
stated this agreement has been presented to the Towns of Hudson, Keenesburg, and Kersey; and it
has been approved by each Town. She stated the Access Control Plan will apply to County Road 49,
from State Highway 34 to 1-76. She stated each community has agreed to assign a staff member to
participate in this effort, and there will be a quarterly officials meeting to discuss policy issues and
direction. Ms. Relford stated this agreement indicates the County will be the project manager and
coordinate with the other communities to develop the Access Control Plan, and when it is complete, the
Access Control Plan will be presented to each community for adoption. In response to Commissioner
Rademacher, Ms. Relford stated the existing access points along County Road 49 will be inventoried.
In response to Commissioner Rademacher, Commissioner Kirkmeyer confirmed the oil and gas
companies and others who utilize the existing accesses will have an opportunity to provide input, and
she stated it has not yet been determined how the process will work. She stated this intergovernmental
agreement to complete the planning stage is the first step, and there should be a public process
developed, in addition to the governmental process. Ms. Relford stated if the proposed agreement is
approved, a schedule and an outline will then be developed, Commissioner Rademacher moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER AGREEMENT FOR IMPLEMENTATION, HOSTING, AND MAINTENANCE OF REAL
ESTATE TAX PROCESSING AND PAYMENT SOFTWARE (AUTOAGENT) AND AUTHORIZE CHAIR
TO SIGN - DESIGNTEK ONE, INC.: Bruce Barker, County Attorney, stated this agreement is for the
Treasurer's Office, and AutoAgent is a computer system which gives credit to mortgage companies
when payments are made. He stated the County pays nothing toward this, and the County does not
allow any access to its software or hardware. He clarified the payments for the utilization of the
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software are made by the mortgage companies which pay the tax bills. Mr. Barker stated the
recommended change regarding indemnification has been made to the agreement, and this software
will provide better coordination for entities paying tax bills; therefore, he recommends approval for the
agreement. In response to Chair Kirkmeyer, Mr. Barker stated Renee Fielder, Treasurer's Office,
worked with Affiliated Computer Services (ACS) to ensure the County's information is secure. He
stated Designtek ONE, Inc., assures there will not be any linkage between the systems. In response to
Chair Kirkmeyer, Mr. Barker reiterated the County will not pay for the software; the end users will pay
the fees, which are the payers of the taxes, and the end users will typically be mortgage companies.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A BOARD
OF EQUALIZATION FOR CALENDAR YEAR 2011: Commissioner Rademacher moved to authorize
the Board of County Commissioners to Convene as a Board of Equalization for Calendar Year 2011.
Commissioner Long seconded the motion.
Chris Woodruff, Assessor, stated there are fewer protests than expected this year, and most of the
protests are concerning agricultural land, due to increases under the State formula. He stated the
Assessor's Office ratio for adjusting and denying the requests is approximately 50:50. He stated the
notices of determination will be mailed today, and the deadline for property owners to appeal to the
Board of Equalization (BOE) will be July 15, 2011. Mr. Woodruff stated appeals provided to the BOE
will be examined by the Assessor's Office before the hearings and often stipulations will be entered into
with the property owners. He stated he will only bring cases before the BOE if a resolution cannot be
reached by the Assessor's Office. There being no further discussion, the motion carried unanimously.
CONSIDER REAPPOINTMENT OF PAT PERSICHINO AS VETERANS SERVICE OFFICER:
Commissioner Long moved to reappoint Pat Persichino as the Veterans Service Officer for Weld
County. Seconded by Commissioner Rademacher, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2011-7, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE
WELD COUNTY CODE: Commissioner Long moved to read Ordinance #2011-7 by tape.
Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Barker stated the
proposed Ordinance is to increase the wattage for space heaters from 500 to 1,500 watts, based on
multiple complaints from employees who utilize space heaters. He indicated he thinks 500 watts was a
typographical error and it should have stated 1,500 watts from the beginning. Chair Kirkmeyer gave the
opportunity for public testimony; however, none was provided. Commissioner Rademacher moved to
approve Ordinance #2011-7 on first reading. Seconded by Commissioner Long, the motion carried
unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2011-8, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS,
OF THE WELD COUNTY CODE: Commissioner Long moved to read Ordinance #2011-8 by tape.
Commissioner Rademacher seconded the motion, which carried unanimously. Mr. Barker stated the
proposed Ordinance indicates the Board will not be issuing local licenses for the cultivation,
manufacture, distribution, and sale of medical marijuana. He indicated this language must be added to
the Code, based on State statute, and this will be the only place in the Code where it specifies a
process will not occur. He stated Section 12-43.3.301(2), C.R.S., indicates if the County does not
promulgate any regulations, the implication will be that the County will issue a license, according to the
State's regulations. Mr. Barker stated this is a flaw in the State's language, which creates an
opportunity for operators to assert that a local license should be issued; however, this language will
cover all the bases. He stated he wants the Ordinance to be effective June 30, 2011, commensurate
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with the timeframe the Board established for not allowing these uses in any zone district, and all the
non-conforming uses will cease June 30, 2011. Commissioner Long stated Ordinances are a three (3)
reading process, unlike Resolutions, and he inquired as to whether the Board can make an Ordinance
effective before three (3) readings have occurred or whether the Board can make the Ordinance
effective retroactively. Mr. Barker stated the Pending Ordinance Doctrine allows the Board to establish
an effective date which is earlier than the final reading of the Ordinance. He stated this process is
consistent with State statute and the rest of the Weld County Code, and if the process is challenged,
the challenger would only have up to five (5) days after the final publication of the Ordinance to
continue operating, in the worst case scenario. Chair Kirkmeyer provided the opportunity for public
testimony; however, none was given. Commissioner Long moved to approve Ordinance#2011-8 on
first reading. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinances #2011-7 and #2011-8 were approved on first 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 9:25 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 6,1' e EL ( 4�1h
rbara Kirkmeyer, C air
Weld County Clerk to the . rd
1861 twill* CUSED
' '��""" �:-an P. Conway, Pro-Tem
BY: n 44 �"Y�c+A
Deputy Clerk to the Board'% t H D EXCUSED
Willia . Garcia
APP S FORM:
avid . Long
Attorney
Dougla adema er
Minutes, June 29, 2011 2011-1594
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