HomeMy WebLinkAbout20100867.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 26, 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, April 26, 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, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of April 21, 2010, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on April 21, 2010, as follows: 1) USR #1724 — Cody and Rana Pickering; and
2) USR #1733 - Susan Maestas and Sharon Aranda. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to remove Resolution #4) Action of the
Board Concerning Agreement for Conveyance of Easement for Certain Improvements to CR 13 —
Steven Buhlke, from the Consent Agenda, in order for the Board to reconsider the matter.
Commissioner Garcia seconded the motion. In response to Commissioner Kirkmeyer, Bruce Barker,
County Attorney, stated the motion to approve the Resolution on April 21, 2010, failed due to a split
vote; therefore, the matter may be reconsidered if there are three (3) votes in favor of reconsidering the
matter. Further responding to Commissioner Kirkmeyer, Mr. Barker clarified this vote is solely for the
purpose of adding the matter to the agenda for reconsideration. There being no further discussion, the
motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda, as amended.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
Minutes, April 26, 2010 2010-0867
Page 1 5-12--t° BC0016
BIDS:
PRESENT BID #61000088, BOILER REPLACEMENT FOR JAIL - DEPARTMENT OF BUILDINGS
AND GROUNDS: Monica Mika, Director of Finance and Administration, stated this is a project for
which the County is proposing to utilize its American Recovery and Reinvestment Act (ARRA) grant
funds, and it will be a multi-phase maintenance project. She stated three (3) of the six (6) vendors that
submitted bids are locally based, and said bid will be presented for approval on May 10, 2010. In
response to Commissioner Kirkmeyer, Ms. Mika stated these ARRA funds were received based on
Weld County's population and the funds were reserved for energy efficiency projects. Further
responding to Commissioner Kirkmeyer, Ms. Mika stated the energy efficiency projects include the
boiler replacement, transportation software, and enhancements to lighting.
APPROVE BID #61000093, NEW TRASH COMPACTOR FOR JAIL - DEPARTMENT OF BUILDINGS
AND GROUNDS: Ms. Mika stated this bid was presented on April 12, 2010, at which time the Board
expressed several questions regarding the vendors. She stated staff is recommending the second
lowest bid, in the amount of $27,000.00, from Gallegos Sanitation, be approved, since the low bid was
submitted by a company which is based out of state.
Toby Taylor, Buildings and Grounds, stated there were concerns regarding the low bid since the
company is based out of the State of California and the closest installation staff is located within the
City of Denver. Mr. Taylor stated the trash compactor in the jail is one of the most critical pieces of
equipment in the County because it processes a high volume of trash every day, and without the trash
compactor, roll-off dumps are completed every five (5) to seven (7) days, which costs a significant
amount of money. He stated the ability to maintain the trash compactor and quickly complete repairs is
important, and not having a local maintenance person concerns him. He stated Gallegos Sanitation is
the current vendor for the County's trash service and has provided prompt service. Commissioner
Garcia moved to approve the second lowest bid, in the amount of $27,000.00, from Gallegos
Sanitation, as recommended by staff. Seconded by Commissioner Conway, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER GRANT APPLICATION FOR FAMILY TREATMENT COURT PROGRAMS AND
AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
application was presented to the Board at a work session conducted on April 5, 2010, and the total
amount being requested is $350,000.00, for up to three (3) years. Ms. Griego stated the grant will
assist the Department in continuing its efforts in drug treatment court for dependency and neglect
cases, the funding will allow the Department to enhance its mentor parent programs by assisting
fathers to become more integral parts of their children's lives, and it will enhance aftercare services
which are available to graduates of the Family Treatment Court Program. She stated all of the in-kind
funding will be provided by the Courts and North Range Behavioral Health. Commissioner Kirkmeyer
moved to approve said grant application and authorize the Chair to sign. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER TWO CHILD PROTECTION AGREEMENTS FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - FAMILY MATTERS OF COLORADO, LLC: Ms. Griego stated these agreements were
presented to the Board at a work session conducted on April 5, 2010, and the agreements are for a
period commencing March 15, 2010, and ending May 31, 2010. She stated the agreements will be
funded from Core Services for life skills, for a maximum of $25,000.00, and mental health services, for
a maximum of $25,000.00. In response to Commissioner Garcia, Ms. Griego stated she believes the
amounts of funding will be adequate, since the agreements are for a short term. Commissioner Garcia
moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
Minutes, April 26, 2010 2010-0867
Page 2 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — PARAGON GRANITE AND
MARBLE: Christopher Woodruff, Assessor, stated there were corrections submitted for this property
valuation for Tax Year 2009; a portion of the property was incorrectly reported, a portion was leased,
and a portion was incorrectly classified as computer integrated. He stated State statute allows property
owners to correct their personal property renditions if they have not protested; therefore, approval is
recommended. Commissioner Garcia moved to approve said refund, in the amount of $4,336.76,
based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HIGH PLAINS ENERGY, INC.:
Mr. Woodruff stated this is a personal property issue concerning Tax Year 2009. He stated there was
equipment which was disposed of prior to January 1, 2009, and High Plains Energy, Inc., did not
account for this last year. He reiterated State statute allows property owners to correct their personal
property renditions if they have not protested; therefore, approval is recommended. Commissioner
Conway moved to approve said refund, in the amount of $2,279.48, based on staff's recommendation.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HOMESTEAD OIL
CORPORATION: Mr. Woodruff stated this petition is concerning two (2) oil production accounts, and
Homestead Oil Corporation amended its production figures for Tax Year 2009; it had neglected to make
the appropriate netback deductions. Commissioner Kirkmeyer moved to approve said refunds, in the
amounts of $1,556.76 and $1,575.41, based on staff's recommendations. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 68 BETWEEN CRS 61.5 AND 67: Don Carroll,
Department of Public Works, stated said closure will commence May 3, 2010, through May 6, 2010, in
order to replace a culvert. Mr. Carroll stated road signs and barricades will be utilized to advise drivers
of the closure and there will not be any dust abatement concerns, since the detour route is on a
Recycled Asphalt Pavement (RAP) road. He stated the road closure site is located east of the Town of
Barnesville. Commissioner Garcia moved to approve said temporary closure. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 5 BETWEEN CRS 32 AND 34: Mr. Carroll stated said
closure will commence May 3, 2010, through May 7, 2010, in order to replace a culvert. He stated
message boards were utilized to provide advance notice to drivers, and road signs and barricades will
be utilized during the closure. He further stated magnesium chloride will be utilized for dust abatement
on the detour route, and the closure site is located near the Town of Mead and north of State
Highway 66. Commissioner Conway moved to approve temporary closure. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 17 BETWEEN CRS 4 AND 6: Mr. Carroll stated said
closure commenced April 22, 2010, and it will end May 7, 2010, and road signs and barricades are
being utilized to notify drivers of the closure. He stated the road closure site is located west of the
Town of Wattenberg, and water will be utilized for dust abatement. In response to Commissioner
Conway, Mr. Carroll confirmed this road has been closed since a bridge collapsed. Commissioner
Conway moved to approve temporary closure. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER APPLICATION FOR SEARCH AND RESCUE FUND YEAR END AWARD: Roy Rudisill,
Director, Office of Emergency Management, stated this application is for year end search and rescue
funds, to purchase four (4) global positioning system (GPS) units. Mr. Rudisill stated in some of the
Minutes, April 26, 2010 2010-0867
Page 3 BC0016
outlying areas of the County, there are not many road signs or landmarks, and GPS units are the best
available tools for search operations. He stated a total of $772.00 is being requested for the four (4)
GPS units, and there are no matching funds required. He stated the equipment will be maintained by
utilizing the Office of Emergency Management budget. In response to Commissioner Conway,
Mr. Rudisill stated the reason the number of GPS units being requested is four (4) is because the Office
owns four (4) all-terrain vehicles (AN) units, and a GPS unit is desired for each AN. Commissioner
Conway moved to approve said application. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO THOMAS LEEPER AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated this item was deleted from the agenda on April 21,
2010, because staff had not received the payment; however, payment has subsequently been received,
in the amount of $14,936.96. Commissioner Garcia moved to approve the assignment of tax lien sale
certificates to Thomas Leeper and authorize the Chair to sign. Seconded by Commissioner Conway,
the motion carried unanimously.
FINAL 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: Commissioner Kirkmeyer moved to read Ordinance #2010-3 by title only. Seconded
by Commissioner Conway, the motion carried unanimously. Mr. Barker read the Ordinance into the
record by title. In response to Chair Rademacher, Mr. Barker stated there are no changes being
proposed for final reading of the Ordinance. Chair Rademacher gave the opportunity for public
testimony; however, none was provided. Commissioner Kirkmeyer moved to approve Code
Ordinance#2010-3 on final reading. Commissioner Conway seconded the motion. Commissioner
Garcia stated he expressed his concerns at the first and second readings of the Ordinance. He stated
this is a bigger issue than just the fee increases; it needs to be determined whether the County will
continue to run the Ambulance Service as an enterprise, or if the County will admit the service needs to
be subsidized. He stated the higher the fees are raised, the more individuals will choose to drive
themselves or loved ones, which may create dangerous conditions, as a result of people driving in
harried states. Commissioner Kirkmeyer stated she is open to discussing the possibility of utilizing
general funds for the Ambulance Service; however, the appropriate time to discuss the issue is during
budget discussions, and she will be voting in favor of this Ordinance, since this is what needs to occur
at this time. Chair Rademacher and Commissioner Conway concurred with Commissioner Kirkmeyer.
Commissioner Conway commended Commissioner Garcia for forcing the Board to address this matter,
since the lack of revenue has brought the matter to forefront, and discussions need to take place
regarding this matter when the budget process occurs. He stated he will be voting in favor of this
Ordinance, in order to address the immediate issue; however, he suggested that the Director of
Finance and Administration prepare an analysis to examine other mechanisms. Commissioner
Kirkmeyer stated a study was conducted in late 2008 regarding this matter, and she would like to follow
up the study at the upcoming work sessions regarding this issue.
Dave Bressler, Director, Ambulance Service, stated this has been an issue throughout the 30 years he
has worked for Weld County and many individuals have assisted in addressing it. He stated he
appreciates Commissioner Garcia's concern and he appreciates the Board's input, and there will be
challenges ahead and many items which need to be considered. He stated he would like a roadmap to
be in place for the future as to how to guarantee the quality of service provided by the Ambulance
Service will be maintained. Commissioner Garcia thanked the Board for its willingness to examine the
matter further, and he stated he will support the Ordinance. Commissioner Conway stated the
Ambulance Service is reimbursed just seven (7) percent from federal programs like Medicare and
Medicaid and it is likely to be reduced; therefore, many of these issues are driven by unfunded
mandates, which leave the local governments with financial shortfalls and difficult decisions. There
being no further discussion, the motion carried unanimously.
Minutes, April 26, 2010 2010-0867
Page 4 BC0016
RECONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN
IMPROVEMENTS TO CR 13 - STEVEN BUHLKE CR 13: Commissioner Conway stated he moved to
reconsider this item because he does not believe the Board had all of the facts last week. He stated
last week the Board thought the County Attorney had not participated in discussions with the
Department of Public Works regarding this matter; however, since the meeting, the Board learned there
had been communication, and the Board also learned additional information regarding potential cost
ramifications. He stated he does not expect the matter to be resolved today and he requested the
matter be considered to a later date when Commissioner Long may be involved in the decision.
Commissioner Kirkmeyer stated she is willing to discuss the issue further and it is appropriate to
conduct a work session for full disclosure. She stated she received an email which stated the Director
of Public Works spoke to the County Attorney on March 24, 2010; however, that is not adequate
communication. Commissioner Conway stated he wants to ensure the Board does not make a rash
decision regarding this matter, and a work session will allow the Board time to thoroughly understand
the matter, and hopefully the Board will be able to prevent this situation from occurring in the future and
prevent any unintended long term consequences from being created by this situation. Chair
Rademacher stated the work session may not be able to occur until Monday, May 3, 2010.
Commissioner Garcia moved to continue the matter to May 5, 2010. Commissioner Conway seconded
the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2010-3 was approved on final 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 9:42 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
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David E. Long
Minutes, April 26, 2010 2010-0867
Page 5 BC0016
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