HomeMy WebLinkAbout20100617 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 29, 2010
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, March 29, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
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 March 24, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2010 by
tape. Commissioner Garcia seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on March 24, 2010, as follows: 1) USR#1726 — Otoniel Goldman; and 2) USR #1727 —The
New Cache La Poudre Irrigating Company. Commissioner Conway seconded the motion, which
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS: CONSIDER RECOGNITION OF UNIVERSITY OF NORTHERN COLORADO
MEN'S BASKETBALL TEAM FOR 2009-2010 SEASON: Chair Rademacher read the certificate into
the record, recognizing the University of Northern Colorado (UNC) Men's Basketball Team for the
2009-2010 Season.
Minutes, March 29, 2010 2010-0617
Page 1 901) BC0016
Commissioner Garcia recognized Will Figures for his leadership and being ranked 48th in the country
for his free-throw percentage, which is 85.2 percent. He stated Mr. Figures has 1,283 career points
and is among the top ten (10) highest scorers to attend UNC. He further stated throughout the season
the team was successful at free-throws, did a great job with defense, and played as a unit.
Commissioner Conway recognized Tad Boyle, Coach for the UNC Men's Basketball Team, for instilling
enthusiasm and pride in the community and the student body. He stated Coach Boyle is a tremendous
asset to the community and he hopes that he will choose to remain in the community, since he has
opportunities elsewhere, and he thanked him for what he has accomplished for UNC, the City of
Greeley, and Weld County.
Coach Boyle stated this recognition means a great deal to the Basketball Program, it is a special honor,
and the community support has not been taken for granted by the Team. He introduced BJ Hill, the
Associate Head Coach, and he stated Mr. Hill has been an instrumental part of building the Basketball
Program. He stated Mr. Figures is also present today. Coach Boyle thanked the Board for its
recognition and all the Board does to make the City of Greeley and Weld County special places.
(Clerk's Note: This presentation was discussed as the first item of new business, following bids, since
the Board initially prepared a resolution to recognize the Team; however, the Board subsequently opted
to provide a certificate of recognition to the Team, as opposed to a resolution.)
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1000068, KERSEY GRADER SHED COMPLEX - DEPARTMENT OF PUBLIC
WORKS: Barb Connolly, Controller, recommended acceptance of the low bid from Clark Enterprises,
in the amount of $247,000.00, for the grader shed, the salt and sand sheds, and the accent panels.
Commissioner Long moved to approve said low bid from Clark Enterprises, in the amount of
$247,000.00. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DOM AND ANA KICKBUSH:
Christopher Woodruff, Assessor, stated this petition is for the years 2007, 2008, and 2009, and he
requested a continuance of one (1) week in order to better evaluate the issues. Dom and Ana
Kickbush were not present. Commissioner Conway moved to continue the matter to April 5, 2010.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SCHOOLHOUSE
FINANCE, LLC: Mr. Woodruff stated this petition is for the year 2009, and it is for a charter school in
the Saint Vrain School District. He stated staff requires proof to grant an exemption, and a copy of the
lease was submitted in January, 2010, which proves the school qualifies for tax exemption; therefore,
approval of the petition is recommended. Commissioner Conway moved to approve said petition for
refund of taxes, in the amount of $187,354.31. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
MAY 16, 2010 - FRANK'S RIDE FOR CHILDREN, C/O GREG RISEDORF: Bruce Barker, County
Attorney, stated this and the following item are connected and necessary for Frank's Ride for Children
to conduct a special event. Mr. Barker stated the County has worked with Frank's Ride for Children for
a number of years.
Greg Risedorf, Frank's Ride for Children, stated this is the 24th year Frank's Ride for Children has
operated in Weld County. Mr. Barker stated the event has been successful every year, and
Minutes, March 29, 2010 2010-0617
Page 2 BC0016
Mr. Risedorf has consistently submitted the necessary application materials in advance. He stated the
certificate of liability is correct and includes all the necessary items, and he recommended approval of
both applications. Mr. Risedorf stated Frank's Ride for Children has worked with Make-A-Wish
Foundation of Colorado, Inc., since the year 1995, and since then it has earned $430,000.00 and it has
granted 89 wishes for children. Commissioner Kirkmeyer moved to approve said application.
Commissioner Conway thanked Mr. Risedorf for the work he has accomplished, he stated Frank's Ride
for Children is an asset to our community, and he seconded the motion for approval. Mr. Risedorf
stated Frank's Ride for Children is operated entirely by volunteers who are representative of all walks of
life and return for the event each year. Commissioner Long suggested Mr. Risedorf write a book in
order to catalogue the organizations experiences and inspire others. Mr. Risedorf stated Frank's Ride
for Children has become one of the largest fund raisers for Make-A-Wish Foundation of Colorado, Inc.
There being no further discussion, the motion carried unanimously.
CONSIDER APPLICATION FOR SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
MAKE-A-WISH FOUNDATION OF COLORADO, INC.: Based on previous discussion, Commissioner
Kirkmeyer moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously. (Clerk's Note: After the applications were
approved, Mr. Risedorf submitted two (2) photographs into the record, marked Exhibits A and B, in
order to demonstrate the required notice for the event is posted on the property.)
CONSIDER AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES AND
AUTHORIZE CHAIR TO SIGN - MAXIMUS CONSULTING SERVICES, INC.: Ms. Connolly stated this
agreement is an annual agreement for Maximus Consulting Services, Inc., to provide the cost allocation
plan for the County, which the County submits to the State. She stated the fee will be the same as
previous years, which is $5,500.00, and the County Attorney has reviewed the agreement; therefore,
she recommends approval. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
JUSTICE BENEFITS, INC.: Mr. Barker stated the County has entered into this agreement for several
years. Commissioner Kirkmeyer stated she remembers discussing the matter at a work session, and
Justice Benefits, Inc., works with local government entities to prepare federal reimbursement claims.
Sterling Geesaman, Weld County Sheriff's Office, concurred with Commissioner Kirkmeyer's
explanation of the service provided by Justice Benefits, Inc., and he stated the company has been
completing this type of work for the Sheriff's Office for approximately ten (10) years and it does a good
job. Commissioner Conway stated the reasons the County contracts with Justice Benefits, Inc., are
because it saves time and Justice Benefits, Inc. tends to collect more reimbursement for the County
than the County is able to collect without utilizing the company's services. Mr. Geesaman concurred.
In response to Commissioner Kirkmeyer, Mr. Barker stated that Cyndy Giauque, Assistant County
Attorney, has reviewed the agreement. Commissioner Kirkmeyer moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-3, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Dave Bressler, Director, Weld County Paramedic Service, stated the proposed fee
adjustments are the result of recommendations from both the Director of Finance and Administration
and himself, at the work session conducted on March 22, 2010. Mr. Bressler stated the proposed rates
are listed in the appendix and are intended to offset a continued loss.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Minutes, March 29, 2010 2010-0617
Page 3 BC0016
Commissioner Kirkmeyer moved to approve Code Ordinance #2010-3 on first reading. Commissioner
Long seconded the motion.
Commissioner Garcia stated the need to raise fees was discussed at the work session, in order to
address the shortfall for the Paramedic Service, and the Board also discussed the difficulty of
maintaining the Ambulance Service as a "pay as you go" service, which is not subsidized by the
County's general fund. He stated the costs will continue to increase if the Ambulance Service
continues as a "pay as you go" service; however, the amounts of the fee increases are difficult for him
to accept. He stated he is concerned more people will have others drive them to the emergency room,
as opposed to utilizing an ambulance, as a result of the fee increases.
Commissioner Kirkmeyer stated she was the Commissioner Coordinator for the Paramedic Service last
year and the smallest proposed fee increases were implemented, in order to see if the Paramedic
Service could make ends meet without larger fee increases; however, the lower fee increase was not
adequate to sustain the service. She stated rates are increasing whether paramedic services are
government provided or private services, there are private ambulance services in the same financial
situation, and the eastern plains area has had difficulty with maintaining and retaining paramedic
services, and has had to greatly subsidize the cost with general funds. She stated the County may
have to subsidize the cost with general funds at some point; however, she does not want to do so
before it is necessary. She further stated privatizing the Paramedic Service has been considered for at
least 16 years, and each time it has been determined that it is not a good option for our County
because the high population centers will be identified for service coverage and the provision of services
for the unincorporated areas of the County will become non-existent, for example, the Towns of Grover,
New Raymer, Keenesburg, Kersey, Platteville, Gilcrest, and Eaton may be excluded. Commissioner
Kirkmeyer stated part of the problem is the way the Federal government operates its charges and
reimbursements, and there is nothing the County can do about that.
Commissioner Conway stated last year the County wrote off $3,000,000.00 in unpaid Paramedic
Service debt and this is the cost of doing business. He concurred with Commissioner Kirkmeyer that
many factors are outside of the County's control, for example, the Federal government reimburses just
eight (8) cents out of each dollar for Medicaid and the County is likely to not receive any Medicaid
reimbursement in the future. He stated if privatization was an option, there would be a great deal more
of it occurring. Commissioner Conway stated there is another county in northeastern Colorado which
has been dealing with a private provider, and Weld County is assisting as it separates from the private
provider due to cost and service issues. He stated when considering a County as large as Weld
County and providing the best possible service, the fees must be increased; however, he is concerned
fewer people will utilize the Paramedic Service due to the increased cost. He stated the
Commissioners should discuss the impacts of State and Federal decisions on the Paramedic Service
when they next have the opportunity to interact with congressman and senators. Commissioner
Conway stated the Paramedic Service deals with matters of life and death and people will be negatively
or positively affected by how the Board proceeds.
Commissioner Rademacher stated he is not typically in favor of fees and he believes the increased
fees will force more people to utilize private vehicles and more people may die before arriving at the
hospital as a result; however, he will be voting in favor for the Ordinance, since it seems to be the
lesser of two evils. Commissioner Garcia stated he will vote in favor of the Ordinance for first reading;
however, he will continue evaluating the matter. There being no further discussion, the motion carried
unanimously.
Minutes, March 29, 2010 2010-0617
Page 4 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR FINAL PLAN, MF #1053 -
MARY F. CARLSON REVOCABLE LIVING TRUST AND GEORGE CARLSON REVOCABLE LIVING
TRUST: Rich Hastings, Department of Public Works, stated this is a request for the final release of
collateral associated with Prairie Ridge Estates, which is located on County Roads 84 and 15.
Mr. Hastings stated the collateral is for an off-site agreement for road stabilization; however, the road
never met the criteria for stabilization and the five-year term has concluded; therefore, the owner has
requested the release of the collateral. He stated the collateral for this site was through New Frontier
Bank, and when the bank closed, the owner wrote a personal check to replace the initial collateral, and
he recommended the release of said collateral. Commissioner Conway moved to approve said
cancellation and release of collateral for Final Plan, MF#1053. Commissioner Kirkmeyer seconded the
motion, and she thanked Mr. Hastings for his diligence ensuring adequate collateral has been obtained
and releasing the collateral at the appropriate times. Commissioner Conway concurred. 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#2010-3 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.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, March 29, 2010 2010-0617
Page 5 BC0016
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