HomeMy WebLinkAbout20113338 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 21, 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
Administration Building, Greeley, Colorado, December 21, 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, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of December 19, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2012-1 by
tape. Commissioner Rademacher seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, referred to an article titled, "Water Wars" and
mentioned it appears the bison from Yellowstone will be relocated to Boulder County, rather than the
Pawnee National Grassland. Chair Pro-Tem Conway thanked Mr. Meyer for his active involvement in
the public proceedings.
(Clerk's Note: Chair Kirkmeyer now in attendance.)
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher stated he listened to the
Boulder County Commissioners meeting yesterday regarding the GMO (genetically modified
organisms) crops in Boulder County and, surprisingly, all three Commissioners supported the
conventional farmers. Commissioner Garcia reported as the Coordinator of the Health Department, he
observed some restaurant health inspections and found them to be very thorough and educational for
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the owners. He also toured the Household Hazardous Waste site and he commended the staff for their
service to the public.
BIDS:
APPROVE BID #61100155, ALTERNATE DISPATCH CENTER FURNITURE - DEPARTMENT OF
BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated the
Department of Buildings and Grounds recommends approval of the second low bid from Pear
Workplace Solutions, as the low bid did not meet specifications. In response to Commissioner
Conway, Toby Taylor, Department of Buildings and Grounds, explained the low bidder did not meet the
specific design layout. Commissioner Rademacher moved to approve the second low bid, as
recommended by staff. Commissioner Garcia seconded the motion, which carried unanimously.
REJECT BID #61100149, MEDIATION SERVICES - DEPARTMENT OF HUMAN SERVICES:
Ms. Mika stated staff recommends rejection of the sole bid. Mr. Barker explained although the bidder
meets the specifications of the Department of Human Services, David Meluski is a signatory for the two
lawsuits filed against Weld County on unrelated matters, which poses a potential conflict of interest.
Commissioner Rademacher moved to reject the sole bid from Hagen and Melusky, Inc., as
recommended by staff. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT TO COMMUNITY SERVICES BLOCK GRANT AGREEMENT AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated this
amendment extends the term end date to February 29, 2012, and revises language under the general
provisions of the agreement. Commissioner Conway moved to approve said amendment and authorize
the Chair to sign. The motion was seconded by Commissioner Long, and it carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -
CATHOLIC CHARITIES: Ms. Griego stated this is a non-financial memorandum of understanding
through which Catholic Charities will provide case management, adoption and kinship support, and
parenting education for a term beginning October 1, 2011, and ending September 30, 2012.
Commissioner Conway moved to approve said Memorandum of Understanding and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER ADDITION TO OPERATIONS MANUAL, SECTION 6.000, COLORADO WORKS IN
WELD COUNTY AND CHILD CARE POLICIES AND PROCEDURES: Ms. Griego stated this revision
will add the Community Services Block Grant Eligibility Requirements, in compliance with the
Department of Local Affairs (DOLA), which she reviewed for the record. Commissioner Long moved to
approve said addition. Commissioner Garcia seconded the motion. In response to Commissioner
Conway, Ms. Griego stated the Department still needs to meet with the Veterans Service to find out
how they determine eligibility and then will bring additional revisions back before the Board at a later
date. There being no further discussion, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CAMPUS POLICE OFFICER PROGRAM
AND AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE: Alan Caldwell, Sheriff's Office,
stated all terms are the same as last year, with the exception of the college closure dates and
termination dates. He stated he does not anticipate the need for any additional resources or equipment
to meet the terms of this agreement. He further stated Aims will be billed equal amounts each month,
for a total of $204,413.44, which will more than recoup the cost for services for all of the Northern
Colorado Aims campuses, including the campus in Loveland within Larimer County. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which
was seconded by Commissioner Garcia, carried unanimously.
Minutes, December 21, 2011 2011-3338
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CONSIDER REQUEST FOR AUTOMATIC RENEWAL OF LAW ENFORCEMENT SERVICE
AGREEMENT - RITCHIE BROTHERS: Mr. Caldwell stated this will extend the terms of the 2009
agreement to provide law enforcement on an on-call basis for Ritchie Brothers auctions, to be billed at
a rate of $51.00 per hour, which does recover costs, and no special equipment will be needed for this
assignment. Commissioner Garcia moved to approve said request for automatic renewal of the Law
Enforcement Agreement with Ritchie Brothers. Commissioner Rademacher seconded the motion.
Chair Kirkmeyer stated she does not believe it is appropriate for County Government to provide a
service which competes against private entities. There being no further discussion, the motion carried
three to two, with Commissioner Conway and Chair Kirkmeyer opposed.
CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2012 AND AUTHORIZE CHAIR
TO SIGN: Christopher Woodruff, Assessor, stated the Commissioners are required by State statute to
annually certify the tax levies and revenue, and although staff just received the report from the State an
hour ago, the amounts have been verified and he requested approval. Commissioner Rademacher
moved to approve said Certification and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES AND
AUTHORIZE CHAIR TO SIGN — EATON COUNTRY CLUB: Brad Yatabe, Assistant County Attorney,
stated he reviewed the application and recommends approval. Commissioner Long moved to approve
said application and authorize the Chair to sign. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
CONSIDER PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT FOR CR 80,
REIMBURSEMENT OF INCURRED COSTS, AND AUTHORIZE CHAIR TO SIGN — UNION PACIFIC
RAILROAD COMPANY: Michael Bedell, Department of Public Works, stated this agreement is for the
County Road 80 crossing signal project, which was reviewed by the Public Utilities Commission last
summer. He stated the total cost is $306,000.00; Weld County is responsible for 40 percent, and if
approved, construction will start this coming summer. He further stated there were five collisions at this
intersection, which supports this project. In response to Commissioner Conway, Mr. Bedell confirmed
this process was started as a result of the County Road 49 realignment project, and the agreement for
the County Road 54 project is already approved. Mr. Barker confirmed the terms have been reviewed
by the County Attorney's Office. Chair Kirkmeyer commented she is opposed to paying the railroad
$1000 just to review their own agreement and asked staff to negotiate that provision in the future.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Commissioner Conway seconded the motion, and it carried unanimously.
CONSIDER CANCELLATION OF 2011 OUTSTANDING ACCOUNTS RECEIVABLE FOR WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barbara Connolly, Controller,
requested approval to write off accounts with no activity for over six months. In response to
Commissioner Rademacher, Ms. Connolly stated the accounts are flagged and staff does attempt to
get payment for future service, and she confirmed the write-off amount is down from last year.
Ms. Mika noted it is hard for staff to identify outstanding accounts since they are not identified by name
due to HIPPA privacy laws. Commissioner Conway moved to cancel the 2011 outstanding accounts
receivable for the Department of Public Health and Environment, in the amount of $12,506.09.
Commissioner Rademacher seconded the motion, and it carried unanimously.
CONSIDER CANCELLATION OF 2011 OUTSTANDING ACCOUNTS FOR WELD COUNTY
PARAMEDIC SERVICE: Ms. Connolly requested approval to write off outstanding accounts, in the
amount of $4,358,967.53, and noted the Paramedic Services does attempt to acquire payment prior to
turning the accounts over to collections. In response to Commissioner Conway, Dave Bressler,
Director of Paramedic Service, stated the increased amount is due, in part, to the call volume
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increasing by 31 percent, providing medical treatment without transport, receiving reduced payment on
70 percent of calls for Medicare, Medicaid, or indigent patients, and insurance companies refusing
payment if the treatment is deemed unnecessary. Mr. Bressler stated the solution requires a change to
the Statutes to require payment be made to the provider and not the patient, who often use the funds to
pay other medical bills. He further stated $2.7 million of the amount is directly related to the Greeley
area and he anticipates a continuing slide as the population ages. Commissioner Conway commented
the public needs to be educated on the proper use of emergency services. In response to
Commissioner Rademacher, Mr. Bressler stated the write-off amount only reflects transports, not
treatment only responses, and he hopes the new Spillman system will allow him to provide a more
detailed summary of what is driving up the costs in the future. Commissioner Garcia commented this is
an enterprise service and he was opposed to a fee increase; however, it is not a traditional enterprise
because it is providing a public service for those in dire need. Chair Kirkmeyer commended
Mr. Bressler for the valuable service his team provides. Commissioner Rademacher moved to cancel
the 2011 outstanding accounts receivable for the Weld County Paramedic Service, in the amount of
$4,358,967.53. Commissioner Garcia seconded the motion, and it carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL CONCERNING
IMPROVEMENTS AGREEMENT AND APPROVAL OF NEW OWNERSHIP NAME FOR USR #1747 -
HIGH SIERRA WATER SERVICES, LLC: Rich Hastings, Department of Public Works, stated the
assets of Conquest were acquired by High Sierra, and this item addresses the name change by signing
a new agreement with the same terms, and provides warranty collateral for two years. Commissioner
Rademacher moved to approve said partial cancellation and acceptance of replacement collateral, in
the amount of$9,750.00. Commissioner Conway seconded the motion, which carried unanimously.
FIRST READING OF CODE ORDINANCE #2012-1, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING
REGULATIONS, OF THE WELD COUNTY CODE: Mr. Barker confirmed the Ordinance has been read
by tape. Tom Parko, Department of Planning Services, reviewed the various Code changes for the
record, which reflect current practices and resolve inconsistencies. Mr. Barker stated the revisions also
provide for use of the County Court civil process to address local government zoning and building
violations. He stated the new language adjusts the penalty amounts and how the fees are assessed.
He further stated the revisions have been reviewed with judicial staff and he believes this will be a
much more efficient process with all of the cases being reviewed by one magistrate after the first of the
year. Commissioner Conway expressed some concern with the wording of the notification letters being
sent to respondents and stated he wants to ensure they are aware of the option of coming before the
Commissioners if they are in disagreement with the decision of the Planning Department. No public
testimony was offered concerning this matter. Chair Kirkmeyer and Commissioner Garcia concurred
with the comments of Commissioner Conway but acknowledged this process will be more efficient for
all involved. Commissioner Garcia moved to approve Code Ordinance #2012-1 on first reading.
Commissioner Long seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2012-1 was 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.
Minutes, December 21, 2011 2011-3338
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
W*D COUNTY, COLO DO
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Minutes, December 21, 2011 2011-3338
Page 5 BC0016
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