HomeMy WebLinkAbout20102027.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 1, 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, September 1, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 30, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, presented several legislative changes that are
currently being considered, or have recently been passed, that may impact agricultural activities in
Weld County. He stated House Bill, H.R. 3534, Consolidated Land, Energy, and Aquatic Resources
Act of 2009, also known as the CLEAR Act, will essentially be the largest land grab in U.S. History,
because it expands the Endangered Species Act and is setting aside $19 million for land acquisitions
for the next 40 years, with no protection from condemnation. He also referenced revisions to 5 CCR
100281 and explained the Natural Resources Conservation Service (NRCS) will have oversight of all
retention pond construction, which will impact all animal feeding operations. He further stated there is
also the Spill Prevention, Control, and Countermeasure (SPCC) Program, which will prevent oil spills
into U.S. waters and dictates there must be an SPCC plan for any storage and transfer of oil, hydraulic
oil, diesel fuel, etcetera, and that plans must be in place by November 10, 2010.
Mr. Meyer also stated it is now official that plans for the Super Highway through Texas are dead,
according to the Federal Highway Administration's (FHA) record of decision on the Environmental
Impact Study for the Trans-Texas Corridor (TTC35). He stated, in June, the Eastern Central Texas
Sub-Regional Planning Commission, formed by five towns, their School Districts, and a local business
person, sent a petition to the Council on Environmental Quality, expressing concern that there was still
the potential for the TTC35 issue to be revived. He stated the Commissioner requested the FHA
withdraw the study in its entirety; however, it was stated the project had ended and that the
1� p� Minutes, September 1, 2010 2010-2027
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environmental study could not be used as a basis for any further study. Mr. Meyer stated if TEXDOT
attempts to revive the TTC35 project and use the same Environmental Impact Study, a District Judge
could issue a declaration judgment prohibiting the action, which is unprecedented. He stated the
Corridor Project was initiated in 2003, with intentions of confiscating 586,000 private acres in Texas,
and would have displaced over 1 million people and their families; however, final determinations have
been made and it was all done through the coordination process. In response to Commissioner
Conway, Mr. Meyer stated H.R. 3534 is still pending.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
HUNGER ACTION MONTH - SEPTEMBER, 2010: Chair Rademacher read the certificate proclaiming
the month of September, 2010, as Hunger Action Month. Leona Martens, Executive Director, Weld
Food Bank, recognized Weld County's support which assists in providing food services to vulnerable
individuals in the community. She stated the Weld County Department of Human Services and the
Weld Food Bank are the only organizations mentioned in the Colorado Plan for Food Assistance as a
collaborative effort in distributing food assistance to those in need through the Food Stamp Program.
Commissioner Conway commended Ms. Martens for all of her work in terms of getting assistance to
those in need through the Weld Food Bank and for all of the coordination and cooperation which is a
benefit to all citizens of Weld County.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he attended a
community meeting in Cheyenne, Wyoming, organized by Noble Energy to discuss the ongoing
impacts and development of the Niobrara field, particularly in Laramie County and part of northeastern
Weld County. He stated approximately 1,000 people were in attendance and the representatives made
it very clear they are looking to Weld County as an example of how to maintain a strong working
relationship with the oil and gas industry and agricultural community. He stated the public is very
interested in the recent oil and gas discovery and development, and he is interested to see how it all
evolves. Commissioner Conway also indicated the State of Wyoming is very interested in capturing as
much of this development as possible, and he hopes the new Governor of Colorado will work towards
improved cooperation and coordination with the oil and gas industry.
Commissioner Garcia stated the Northern Colorado Cultural Tourism Alliance is a partnership between
Larimer and Weld Counties in identifying and developing the historic heritage tourism aspects in each
of the counties. He stated the goal is to partner together and cross promote the items of tourism
significance. He stated the first meeting was held in Greeley and the second meeting was at the Nunn
Museum, and the next two meetings will be on September 22 and 23, 2010, at the Southwest Weld
County Administrative Office and the Southeast Fort Lupton Office. He stated this is a great
opportunity to promote places of historical significance, as well as promote local businesses.
Commissioner Garcia also recognized Glen Czaplewski, County Intern, and commended him for all his
hard work in helping organize the events. Commissioner Conway commended Commissioner Garcia
for his interest in this issue and stated it is vitally important for the economic development of various
communities in Weld County. He stated cultural tourism is a booming industry and Weld County has
tremendous historical assets. He commented he also appreciates that the County is reaching out to
communities beyond the Greeley area which are excited about participating in this process.
Chair Rademacher, stated he attended the Water Congress Summer Conference last week and they
reviewed the legislative changes made during this past year. He stated they also reviewed upcoming
legislative changes, and he noted there are several changes being promoted through the Clean Water
Act that will be very detrimental to agriculture in Weld County. He stated he intends to remain active in
this organization to help ensure Weld County has some input in future legislation.
Minutes, September 1, 2010 2010-2027
Page 2 BC0016
OLD BUSINESS:
CONSIDER CONTRACT FOR BAD DEBT RECOVERY SERVICES AND AUTHORIZE CHAIR TO
SIGN - WAKEFIELD AND ASSOCIATES, INC. (CON'T FROM 08/30/2010): Mr. Barker stated the
Treasurer is still traveling from his office, and he requested the Board consider this matter following
New Business, and the Board concurred.
NEW BUSINESS:
CONSIDER AMENDMENT TO LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO RECOVERY PROPERTIES, LTD. V PARTNERSHIP: Judy Griego, Director, Department
of Human Services, stated this amendment is regarding the rental of the Greeley Building. She stated
the Department has negotiated a decreased rate, in the amount of $3,651.00 per month, commencing
October 1, 2010, and ending September 30, 2011. Commissioner Kirkmeyer moved to approve said
amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway.
Commissioner Kirkmeyer commended Ms. Griego and her staff for going through their budget and
determining ways to make reductions. There being no further discussion, the motion carried
unanimously.
CONSIDER AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - ANDREA NOEL STEWART: Ms. Griego stated there were some reductions in staff
at the parent education center and Ms. Stewart was instrumental in completing the parent education
services and helping with the investigations. She stated this amendment increases the maximum
reimbursement rate to $50,000.00 and the contract with Ms. Stewart will conclude on December 31,
2010. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - CHILD ADVOCACY RESOURCE AND EDUCATION, INC.: Ms. Griego stated this agreement
is part of the overall CORE Program funding, with a term beginning June 1, 2010, and ending May 31,
2011. She stated Child Advocacy Resource and Education, Inc. (C.A.R.E.) will provide home-based
and visitation services, for a maximum reimbursement amount of$100,000.00. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: Ms. Griego stated this is an ongoing
agreement with North Range Behavioral Health to provide alcohol and drug screening, assessments,
and therapy, with a term commencing July 1, 2010, and ending June 30, 2011. She stated the
amounts are the same as last year, with a maximum reimbursement of $18,000.00 for screening and
assessments, and a maximum of $5,100.00 for alcohol and drug education awareness. Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
CONSIDER APPLICATION FOR PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT
AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and
Environment, stated the Department has received this funding in past years, and he explained it is
federal funds that pass through the State to local organizations. He stated the Department has been
focusing its efforts on public access to healthy foods, and this application will allow for the extension of
the East Greeley Community Program, beginning January 1, 2011, and ending December 31, 2011.
He stated the funds will be used to provide partial staff support and mini grants to the Milliken
community, which does not have a full service grocery store and many area residents are accessing
foods through convenience stores. He explained the East Greeley Pilot Program has demonstrated
that if staff is able to educate the community and work with retailers to provide the resources to install
Minutes, September 1, 2010 2010-2027
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refrigeration to maintain fresh produce, they experience increased demand from the public and the
retailers are able to meet the demand. Dr. Wallace stated the Town of Milliken is very excited about
starting this program and is looking at ways to increase the general health of its residents. He stated
the grant, in the amount of $45,000.00, will provide for a part-time staff member, who is currently
working on the East Greeley Project, to also work with the Milliken community and fund the mini grants.
He further stated the project also fits well with the Farm to School, Farm to Table, and Live Well
Colorado Programs, which are all focused on healthy foods and active lifestyles. Commissioner
Conway moved to approve said application and authorize the Chair to sign. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 25, 2010 — MEAD ROTARY CLUB FOUNDATION: Bruce Barker, County Attorney,
stated this and the next item of business are for the same event. He stated the Mead Rotary Club has
submitted this application for the past several years and they continue to do a quality job; therefore, he
recommends approval. Terry Enright represented the applicant and stated he appreciates the support
received from Weld County for this event. He stated last year's event raised money which was donated
for a water project in Nicaragua that resulted in 600 families that now have fresh clean water and a
functioning latrine system. He stated this year the Rotary Club intends to use the funds for another
similar water project in Nicaragua. Chair Rademacher stated he supports this project, which has been
taking place for approximately five years. Mr. Enright also commended Butch and Karen Sekich, who
have been the driving force behind the event and the charity outreach. Commissioner Conway agreed
and stated this is a great event that is supporting the worthy cause of water filtration in Nicaragua.
Commissioner Kirkmeyer stated although she has been unable to attend the Beet Festival, she has
attended the Rotary Club's dinner and auction and they always do a great job. Commissioner Conway
moved to approve said application. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT FOR SEPTEMBER 25, 2010, AND
AUTHORIZE CHAIR TO SIGN — MEAD ROTARY CLUB FOUNDATION: Based on previous
discussion, Commissioner Garcia moved to approve said application and authorize the Chair to sign.
The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 18, 2010 - AMERICAN CANCER SOCIETY: Mr. Barker stated this and the following
item of business are for the same event, the American Cancer Society has a long-standing relationship
with this application and event, and he recommends approval. Commissioner Conway stated he is
serving as the Co-Chair for the Cattle Barron's Ball this year; therefore, he will recuse himself from
voting on this matter. Commissioner Kirkmeyer disclosed that she has been assisting with the sale of
some of the tables for the event; however, she does not feel that prohibits her from voting on the
matter. Chair Rademacher stated he will not recuse from voting; however, he plans to attend the
function. Nancy Clark, American Cancer Society staff, stated she is pleased that the American Cancer
Society has received such quality and generous support from Weld County, area donors, and
volunteers for the past 18 years. She stated this year's theme is "For a Few Dollars More We Can Find
a Cure." Commissioner Conway stated the event requires the help of hundreds of volunteers, and
Ms. Clark added they have raised $3.255 million in support of the American Cancer Society. She
stated Weld County is known around the Country for its generous contributions to support finding a
cure. Commissioner Garcia moved to approve said application. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
Minutes, September 1, 2010 2010-2027
Page 4 BC0016
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT FOR SEPTEMBER 18, 2010, AND
AUTHORIZE CHAIR TO SIGN - AMERICAN CANCER SOCIETY: Based on previous discussion,
Commissioner Garcia moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - ELIZABETH KNOWLES: Tina
Booton, Weed Management Specialist, stated pursuant to Section 15-2-70, she requests that the weed
enforcement bills be certified by Resolution to the County Treasurer to be collected as taxes, in
accordance with Section 35-5.5-109(5)(a), C.R.S. In response to Commissioner Garcia, Ms. Booton
stated the amounts cover the contractor's expenses and labor, as well as a 20 percent administrative
fee. In response to Mr. Barker, Ms. Booton stated she did send all of the notices by Certified Mail;
however, she did not receive evidence of receipt from Ms. Knowles. Mr. Barker stated this matter will
need to be continued to re-notice the matter and acquire evidence of delivery. Commissioner
Kirkmeyer moved to continue the certification of weed enforcement lien against the property of
Elizabeth Knowles to October 6, 2010, at 9:00 a.m. Commissioner Conway seconded the motion,
which carried unanimously.
CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - GEORGE BOLLINGER:
Ms. Booton stated pursuant to Section 15-2-70, she requests that the weed enforcement bills be
certified by Resolution to the County Treasurer to be collected as taxes, in accordance with
Section 35-5.5-109(5)(a), C.R.S. In response to Chair Rademacher, Ms. Booton stated this bill is
significantly higher because they mowed 15 acres. Commissioner Kirkmeyer moved to approve the
certification of weed enforcement lien against the property of George Bollinger. Commissioner Conway
seconded the motion, which carried unanimously.
CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - LEROY LAYER: Ms. Booton stated
pursuant to Section 15-2-70, she requests that the weed enforcement bills be certified by Resolution to
the County Treasurer to be collected as taxes, in accordance with Section 35-5.5-109(5)(a), C.R.S.
Commissioner Conway moved to approve the certification of weed enforcement lien against the
property of Leroy Layer. Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER TWO (2) AGREEMENTS PURSUANT TO SECTION 301-11-123, C.R.S., AND FIRST
AMENDMENT TO AN AGREEMENT FOR CERTAIN ECONOMIC INDUCEMENTS AND
DEVELOPMENT INCENTIVES, AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS
- VESTAS NACELLES AMERICA, INC.NESTAS BLADES AMERICA, INC.: Mr. Barker stated these
agreements are for personal property amounts being rebated to Vestas. He explained one agreement
is for the nacelles and the other is for the blades which are under two separate corporations, and he
recommends approval. In response to Commissioner Kirkmeyer, Ms. Mika stated it was her
understanding that Weld County will pay Vestas and then be reimbursed by the Brighton Urban
Renewal Authority (BURA). Mr. Barker added he will be meeting with the BURA attorney later today
and they will address the payment details to ensure there isn't a double payment. Commissioner
Kirkmeyer moved to approve said agreements and authorize the Chair to sign all necessary
documents. The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER FORM OF 2010 MASTER VERSION OF MEMORANDUM OF INTERGOVERNMENTAL
AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS: Mr. Barker stated he has reviewed the Master Version and the only
changes from last year are a few corrections to updated State statute references. He explained the
County typically receives 50 to 75 signed IGA's from the various entities that will be signed by the Chair
on the Consent Agenda. Commissioner Garcia moved to approve said Form and authorize the Chair to
sign all necessary documents. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
Minutes, September 1, 2010 2010-2027
Page 5 BC0016
OLD BUSINESS:
CONSIDER CONTRACT FOR BAD DEBT RECOVERY SERVICES AND AUTHORIZE CHAIR TO
SIGN - WAKEFIELD AND ASSOCIATES, INC. (CON'T FROM 08/30/2010): John Lefebvre, Weld
County Treasurer, stated the Treasurer's Office is able to collect most outstanding fees; however, there
are certain items that are very difficult to collect, such as possessory and personal property items. He
explained if equipment is collected, it must also be assessed to determine whether the value will cover
the cost of taking the equipment to auction. He stated it is far more cost effective to turn the items over
to a high volume collection firm, such as Wakefield, which also does collections for the County Courts.
In response to Commissioner Kirkmeyer, Renee Fielder, Deputy Treasurer, stated the term of this
contract is for one year beyond the effective date. Commissioner Conway moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried
unanimously.
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 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:
o gla adem c r C air
Weld County Clerk to the ' ar'
1861 ';•• ,l-.- I_LQ.t--
Vr rbara Kirkmeyer, 5 o-Tem
iy
Deputy Clerk o the Bo lt` '1,,
--�' Sean P. w y � Jl
William F. Garcia
EXCUSED
David E. Long
Minutes, September 1, 2010 2010-2027
Page 6 BC0016
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