HomeMy WebLinkAbout20101454.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 7, 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, July 7, 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 — EXCUSED
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, 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 June 30, 2010, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on June 30, 2010, as follows: 1) USR #1745 - RRRS, LLP, c/o Christine Hiatt.
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 Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1000119, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Monica Mika, Director of Finance and Administration, stated this bid was
presented on June 21, 2010, and a work session was conducted last week, in order to review the
three (3) vendors that submitted bids. Ms. Mika stated the Clerk to the Board's Office compared
specific types of notifications and it recommends approval of the low bid from the Fort Lupton Press.
She thanked Esther Gesick, Office Manager, Clerk to the Board's Office, for doing such a good job
reviewing this bid. Commissioner Conway stated under the amounts for the Type #3 format, there is a
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large disparity between each bid and he inquired as to whether the highest bid is the highest due to it
being a one-time fee. Ms. Mika stated she was unable to attend the work session; therefore, Bruce
Barker, County Attorney, may be able to better explain the cost difference. Commissioner Conway
stated his understanding of the reason for the discrepancy from the work session is that the Fort Lupton
Press fee is a one-time fee and the other papers charge the fee each time a Type #3 notice is
published, for example, if the County publishes ten (10) Type #3 notices, the cost will remain $360.00
with the Fort Lupton Press, whereas, the Greeley Tribune would charge $64.00 for each notice,
equaling $640.00. Commissioner Garcia stated his understanding of the fees is different from
Commissioner Conway's understanding; he thought it was explained that these are flat fees charged on
a monthly basis. Commissioner Conway clarified he concurs with Commissioner Garcia; he
understands the Fort Lupton Press charges the fee once per month; however, the other papers charge
the fee each time a Type #3 notice is published. Commissioner Garcia moved to approve said low bid
from the Fort Lupton Press, in the amount of $6,676.80, based on staff's recommendation. Seconded
by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AMENDMENT #2 TO AGREEMENT FOR COMMUNITY SERVICES BLOCK GRANT
(CSBG) AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Human Services, stated this
amendment was presented to the Board at a work session conducted on May 25, 2010, and this
amendment deobligates the Colorado Department of Local Affairs (DOLA) from $75,000.00 for the
2009-2010 Program Year, which has been added to the 2010-2011 Program Year, and the amendment
to add the funding to the 2010-2011 Program Year was approved by the Board on May 26, 2010.
Commissioner Garcia moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER SITE AGREEMENT FOR WELD COUNTY YOUTH CONSERVATION CORPS AND
AUTHORIZE CHAIR TO SIGN - SOUTHWEST CONSERVATION CORPS: Ms. Griego stated this
agreement was presented to the Board at a work session conducted on June 29, 2010, and it explains
the terms and conditions which will allow the Weld County Youth Conservation Corps to access funds,
in the amount of $36,000.00, to operate the Learn and Serve Program. She stated the agreement will
allow 80 youth, between grades six (6) and nine (9), to participate in 100 hours of service within five (5)
local communities. She stated the term of the agreement is May 1, 2010, through October 31, 2010.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION FOR MIGRANT AND SEASONAL FARM WORKER
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorization was
presented to the Board at the work session conducted on June 29, 2010, and it includes the budget
information summary for the Migrant and Seasonal Farm Worker Program. She stated the expenditure
authorization is for $24,720.00, which will be utilized to assist with the costs associated with migrant
and seasonal outreach activities, and the term is May 20, 2010, through September 30, 2011.
Commissioner Conway moved to approve said expenditure authorization and authorize the Chair to
sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER WORKFORCE INVESTMENT ACT (WIA) PLAN MODIFICATION FOR PROGRAM YEAR
2010 AND EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Plan and the expenditure
authorizations were presented to the Board at the work session conducted on May 10, 2010, and the
expenditure authorizations include the budget information summaries. She stated the funding is
requested as follows: $439,827.00 for the Title I Adult Program; $475,174.00 for the Dislocated Worker
Programs; $609,298.00 for the Youth Program; and $892,122.00 for the Wagner-Peyser Program. She
stated these funds will be utilized to provide Core, Intensive, and Training Services to job seekers and
Minutes, July 7, 2010 2010-1454
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employers, as outlined under the Workforce Investment Act (WIA) of the year 1998. Commissioner
Garcia moved to approve said plan modification and expenditure authorizations and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - VIPER2, INC., DBA BORDERLINE: Deputy Lisa Carpenter, Weld County Sheriff's Office,
stated she conducted an inspection of the establishment and she found everything to be in order;
therefore, she has no reason to recommend denial of the application. Commissioner Conway moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works, Weed Division, stated under the Colorado
Weed Management Act and the Weld County Code, she must seek approval from the Board to obtain
right of entry on private lands, in order to carry out weed control measures. In response to Chair
Rademacher, Ms. Booton confirmed there are two (2) properties she is requesting right of entry for
today, and she confirmed the legal notice was both sent by certified mail and posted on the properties.
She stated staff always attempts to make friendly contact through telephone calls or personal letters
before the legal notice is mailed. Chair Rademacher inquired as to whether the property owners are
experiencing financial hardships or do not have access to the necessary equipment, or whether the
property owners are refusing to correct the problem for other reasons. Ms. Booton stated all of the
situations Chair Rademacher mentioned are possibilities for why the property owners do not correct the
weed problems on their properties; however, in most cases, people attempt to correct the weed
problems on their properties. Commissioner Garcia moved to approve entry upon said lands by a Weld
County Vegetation Management Specialist. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER CONSENT TO THE ENFORCEMENT BY THE FREDERICK-FIRESTONE FIRE
PROTECTION DISTRICT OF THE 2006 INTERNATIONAL FIRE CODE, WITH AMENDMENTS,
WITHIN THE DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY: Mr. Barker stated
that at a previous work session he explained the Fire Districts can adopt a Fire Code for use in a Fire
District; however, if the Fire District is located within the unincorporated portion of the County, the
Board must consent to it, which is what the proposed Resolution will accomplish. He stated the
2006 International Fire Code has been adopted by the Frederick-Firestone Fire Protection District, and
Ken Swanson, Weld County Building Official, reviewed the amendments to the Fire Code, to ensure
there were no conflicts with the Building Code, and Mr. Swanson did not express any concerns about
the Fire Code amendments. Chair Rademacher stated he feels very comfortable with the proposed
Resolution, since he had his questions addressed at the work session, and he enjoyed interacting with
the Frederick-Firestone Fire Protection District. Commissioner Conway moved to approve said
Resolution. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER EARLY RETIREE REIMBURSEMENT PROGRAM AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - CONNECTICUT GENERAL LIFE INSURANCE COMPANY: Ms. Mika stated this
agreement is a response to the Patient Protection and Affordable Care Act, and when the legislation
was passed, she informed the Board that Weld County would be forced into a reactionary form of
government, which is not the preferred way to manage government. She stated $50,000,000,000.00
has been budgeted for off-setting retirement health care costs for programs which offer retiree health
care coverage, and as a result, Cigna approached Weld County and indicated that, based on the
complexity and depth of Weld County's retiree health care coverage program, Weld County is eligible to
apply for a portion of the eligible funds available through the Early Retiree Reinsurance Program. She
stated Weld County must submit an application for the funds and work with the Federal government,
through Cigna, to be eligible for the funds, and the amount of funds Weld County is eligible for is based
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on the average amount of money spent, not actual expenditures, which is approximately $500,000.00.
Ms. Mika stated the legislation states that entities which have expenditures for incidents concerning
retirees between $15,000.00 and $80,000.00 annually may reapply to recover up to 80 percent of the
costs. She indicated she has discussed the matter with Mr. Barker, and that Don Warden, Director of
Budget and Management Analysis, has been working with Jewel Vaughn, Department of Human
Resources, on the matter. She stated there is a monthly fee for Cigna to administer the Early Retiree
Reimbursement Program on the County's behalf, and her only concern is that the County is entering
into an annual agreement with Cigna when the available funding may be depleted before the County
has been awarded any of the funding; however, she was informed the intent of the agreement is that
Weld County will not be obligated to pay for the service if it is unable to qualify for the funding.
Ms. Mika stated Weld County is eligible for the funding due to the wellness component in its program,
and its ongoing maintenance programs. Chair Rademacher stated he is concerned about strings being
attached to acceptance of the Federal funds and he is also concerned about the funding being
discontinued. He thanked Ms. Mika for her diligence in investigating this matter. In response to
Commissioner Conway, Ms. Mika confirmed the County will pay Cigna $300.00 per month to determine
the County's eligibility and submit the applications for funding on behalf of the County. Further
responding to Commissioner Conway, Ms. Mika stated the only clear requirement for eligibility for the
funding at this time is an entity must have an individual who is receiving retiree health benefits and the
retiree must have a claim between $15,000.00 and $80,000.00, and what makes this process difficult,
is the guidelines are still being established; however, there has been discussion that only the agencies
which submit the earliest applications will be eligible for a portion of the funding; therefore, if the County
delays in submitting an application, it may not be eligible for any of the funding. In response to
Commissioner Conway, Ms. Mika stated Cigna will begin to bill the County the monthly fee when it
begins to process the information, and the initial application fee is approximately $3,500.00; therefore,
roughly half the money is for the application fee and the other half is for the Early Retiree
Reimbursement Program maintenance cost. Chair Rademacher stated he would like a work session to
be conducted on this matter. In response to Commissioner Conway, Ms. Mika stated the earlier the
County submits its application, the better the chance it will be awarded a portion of the funds, and
applications started being accepted at the end of June. Ms. Mika recommended submitting the
information and when additional information about the program is provided, the Board can consider
how much it wants to engage with the Early Retiree Reimbursement Program. Mr. Barker stated he is
comfortable with Ms. Mika's recommendation; however, he is concerned about the County being
obligated to pay Cigna the administration fee for one (1) year if the Board does not want to be involved
with the Early Retiree Reimbursement Program. Mr. Barker stated he will alter the language regarding
terminating the agreement, and he recommends approval of the agreement. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign, with the language Mr. Barker will
add to the agreement regarding the termination of the agreement. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER EARLY RETIREE REINSURANCE PROGRAM APPLICATION AND AUTHORIZE CHAIR
TO SIGN: Ms. Mika stated this item is related to the previous item of business; this is the application to
apply for the aforementioned funds. In response to Chair Rademacher, Mr. Barker clarified this is the
application to apply for the funds; however, the Board is not obligated to accept the funds if it is not
comfortable with the conditions attached to accepting the funds. Commissioner Garcia moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF PUBLIC SAFETY
INFORMATION SYSTEM AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY: Mr. Barker
stated the only change which has been made was completed in response to concerns about radio
maintenance. He stated information regarding radio maintenance and licensing in Paragraphs 12
and 13 was added to Paragraph 22.b, in order to alleviate the concerns. In response to Commissioner
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Conway, Mr. Barker stated the City of Greeley has not approved the agreement; it will be considered at
a special meeting next week. Commissioner Conway thanked Mr. Barker for his work on this
agreement. Mr. Barker thanked Ms. Mika for her work on the agreement. Commissioner Conway
thanked Chair Rademacher and Commissioner Kirkmeyer for their time and leadership regarding this
agreement, and he thanked Ms. Mika and Mr. Barker for their work on the agreement. Commissioner
Garcia commended Commissioner Conway for his mediation skills when the agreement was being
negotiated. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Commissioner Garcia seconded the motion. In response to Chair Rademacher, Mr. Barker stated he is
comfortable with the Board approving the agreement without any conditions regarding the City of
Greeley approving it. There being no further discussion, the motion carried unanimously.
CONSIDER PUBLIC SAFETY INFORMATION SYSTEM USERS GROUP BYLAWS: Mr. Barker stated
the scanned version of the agreement does not include the change he made yesterday, which he sent
to the City of Greeley and it deemed the change to be satisfactory. He stated the change indicates a
secretary will be designated by the Board, in Paragraph E.3. Ms. Mika stated there is one (1) other
item which may need to be changed on Page 5, under Amendments. She stated that the item indicates
the bylaws were approved by the City of Greeley on July 6, 2010, which did not occur. Mr. Barker
concurred with Ms. Mika and he indicated he will remove the incorrect date from the bylaws.
Commissioner Garcia moved to approve said bylaws, as amended. Commissioner Conway seconded
the motion. Chair Rademacher thanked Mr. Barker, Ms. Mika, and Anita Scrams, ACS Government
Systems, Inc., for their work on this agreement. Commissioner Conway concurred with Chair
Rademacher, and he also thanked Commissioner Kirkmeyer for her leadership on the matter. There
being no further discussion, the motion carried unanimously.
CONSIDER CONTRACT AMENDMENT #1 TO PURCHASE OF SERVICE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - ACS GOVERNMENT SYSTEMS, INC.: Mr. Barker stated all of the
proposed changes have been discussed with Ms. Scrams and incorporated into the amendment. Chair
Rademacher and Commissioner Conway thanked Ms. Scrams. Commissioner Garcia moved to
approve said amendment and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF DEED OF TRUST HELD AS
COLLATERAL FOR LYONS 66 PACIFIC COMMERCE PARK, PLANNED UNIT DEVELOPMENT,
PF #555 - LYONS 66 PACIFIC, LLC: Mr. Barker stated the Colorado Department of
Transportation (CDOT) purchased a sliver of Outlot C and all of Outlot D, as shown on the maps which
have been included in the scanned documents, for an off-ramp for 1-25 and additional right-of-way on
State Highway 66. He stated the purchase of those portions of land by CDOT was considered by the
developer when the Planned Unit Development (PUD) was platted, and the agreement between CDOT
and the development corporation is now being finalized. He stated the County has a Deed of Trust on
those lands, except for Phase 1, for which the County has a cashier's check. Mr. Barker stated CDOT
needs to correct a portion of the drainage which was not correctly constructed; therefore, the County
will retain a cashier's check as collateral, in the amount of $57,600.00, until the work is completed. In
response to Chair Rademacher, Mr. Barker stated he is unsure if Lyons 66 Pacific, LLC, was the only
entity affected by the problems with the drainage. Commissioner Conway moved to approve said
partial cancellation and release of deed of trust held as collateral for PF #555. 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.
Minutes, July 7, 2010 2010-1454
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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
I,
WELD COUNT OLORADO 1747 :)\.
ATTEST: • �-
1861 I� 3 ' oug Rademacher, C air
Weld County Clerk to the B rd
W EXCUSED
BY: Barbara Kirkmeyer, Pro-Tem
Deputy Cler /o the Board
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‘Iham'F. Garcia
EXCUSED
David E. Long
Minutes, July 7, 2010 2010-1454
Page 6 BC0016
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