HomeMy WebLinkAbout20102622.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 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, November 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of October 27, 2010, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2010-10 by
tape. Commissioner Conway seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on October 27, 2010, as follows: 1) USR #1751 -William Askew, c/o Jane Stamp;
and 2) USR #1752 — Yia and Ying La Commissioner Kirkmeyer 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 Kirkmeyer 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.
NEW BUSINESS:
CONSIDER SEMI-ANNUAL PROGRESS REPORT #8 FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN: Judy Griego, Director, Department of Human
\�,\1 Minutes, November 1, 2010 2010-2622
Page 1 BC0016
Services, stated this report, and most of the following items, were presented at the Board's work
session on October 25, 2010, and this report is a requirement for the grant the Department has with the
Office of Family Assistance Management for its Building Healthy Marriages Program. She stated the
semi-annual report examines the activities, marketing, and seminars provided under the Building
Healthy Marriages Program. Ms. Griego stated the Building Healthy Marriages Program has served
411 couples and 464 individuals, for a total cost of $1,075,548.00. Commissioner Conway moved to
approve said report and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR BUILDING HEALTHY MARRIAGES PROGRAM AND
AUTHORIZE CHAIR TO SIGN - VINEYARD CHRISTIAN FELLOWSHIP OF GREELEY, INC.:
Ms. Griego indicated this and the following lease agreement combine to cover one (1) Fiscal Year,
since the auditors have requested the Department to enter into one (1) lease agreement for the
remainder of the Calendar Year. She stated the location of the leased space is located at 1013
9th Avenue, in the City of Greeley, and the first lease agreement is for a term commencing
November 1, 2010, through December 31, 2010. Commissioner Garcia moved to approve said lease
agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion. In
response to Commissioner Conway, Ms. Griego stated the total rent will be $36,760.34, which includes
all the utilities. There being no further discussion, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR BUILDING HEALTHY MARRIAGES PROGRAM AND
AUTHORIZE CHAIR TO SIGN - VINEYARD CHRISTIAN FELLOWSHIP OF GREELEY, INC. (2011):
Ms. Griego stated this lease agreement will commence January 1, 2011, through October 31, 2011,
and the rent is $3,063.34 per month. Commissioner Garcia moved to approve said lease agreement
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR THE BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO:
Ms. Griego indicated the Department is entering into this agreement in order for the University of
Northern Colorado (UNC) to provide an evaluation of the Building Healthy Marriages Program, as a
requirement of a grant. She stated the Department will pay UNC $73,300.00, and the term of the
agreement commenced October 1, 2010, and will end September 30, 2011, which will conclude with
the term of the grant. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -
CATHOLIC CHARITIES: Ms. Griego stated this Memorandum of Understanding was presented to the
Board at its work session on September 27, 2010, and it is a non-financial agreement. She stated
Catholic Charities provides case management, adoption and kinship support, and parenting education
for families in the Child Welfare system. She stated the term of the Memorandum of Understanding
commenced October 1, 2010, and it will end September 30, 2011. Commissioner Conway moved to
approve said Memorandum of Understanding and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER GRANT PROPOSAL FOR DENTAL, VISION, AND HEARING PROGRAM — NORTH
COLORADO MEDICAL CENTER FOUNDATION: Ms. Griego indicated the Department, on behalf of
the Area Agency on Aging, is applying for a direct services funding grant from the North Colorado
Medical Center Foundation, which will help cover the costs to provide basic dental, vision, and hearing
services for senior citizens. Commissioner Kirkmeyer moved to approve said grant proposal.
Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, November 1, 2010 2010-2622
Page 2 BC0016
CONSIDER FIVE (5) AMENDMENTS TO CHILD PROTECTION AGREEMENTS FOR SERVICES
WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego indicated these
amendments are necessary in order to remain within the Core funding allocations, and the
amendments are to agreements with: Savio House, which will have a new maximum allocation of
$40,000.00, for home-based services; W. Troy Hause, for a new maximum allocation of$12,500.00, for
mediation services; Lutheran Family Services of Colorado, for a new maximum allocation of
$28,500.00, for life skills services; Ackerman and Associates, P.C., for a new maximum allocation of
$2,500.00, for mediation services; and Transitions Psychology Group, LLC, for a new maximum
allocation of $60,000.00, for mental health services. She stated the term of the amendments is June 1,
2010, through May 31, 2011. Commissioner Long moved to approve said amendments and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - LUTHERAN FAMILY SERVICES OF COLORADO: Ms. Griego
indicated this amendment was presented to the Board at its work session on August 30 2010, and the
amendment decreases the maximum reimbursement amount for Lutheran Family Services to provide
home-based services to $25,000.00, in order to remain within the Core Services allocation.
Commissioner Conway moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Garcia, the motion carried unanimously.
CONSIDER AMENDMENT TO CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL HEALTH: Ms. Griego indicated this
amendment is necessary due to changes to the domestic violence regulations regarding group and
individual sessions, and to meet the Health Insurance Portability and Accountability Act (HIPAA)
requirements. She stated the amendment provides 15 minute sessions for a rate of $17.50.
Commissioner Conway moved to approve said amendment and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - SHILOH HOME, INC.: Ms. Griego indicated this agreement is for Shiloh Home, Inc., to provide
home-based services, for a term which commenced October 1, 2010, and will end May 31, 2011. She
stated the maximum amount to be paid under the agreement is $10,000.00. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER AMENDMENT #2 TO TASK ORDER CONTRACT FOR WOMEN'S WELLNESS
CONNECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, M.D., Director,
Department of Public Health and Environment, stated the Women's Wellness Connection Program is
an ongoing and successful program for screening, referring, and treating low-income women, who
demonstrate a lawful presence in the State of Colorado, for breast and cervical cancer. He stated
many women have been identified in early stages and referred for definitive treatment; therefore, the
Program is valuable to women in Weld County. He stated the agreement is with the Colorado
Department of Public Health and Environment, for a term commencing November 1, 2010, through
June 29, 2012. Dr. Wallace stated the reimbursement for the provided services is from an approved
Medicare-based fee schedule, with an annual cap of $35,000.00. He stated no additional staff will be
required to continue the Program. Commissioner Conway moved to approve said amendment and
authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion. Commissioner Conway
stated this Program has resulted in saving lives, and it has been extremely beneficial to the citizenry of
Weld County. There being no further discussion, the motion carried unanimously.
Minutes, November 1, 2010 2010-2622
Page 3 BC0016
CONSIDER AMENDMENT #2 TO TASK ORDER CONTRACT FOR TUBERCULOSIS PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace indicated the Board entered into a master agreement
with the Colorado Department of Public Health and Environment for the Tuberculosis Program in the
year 2007, and this amendment extends the funding for the operation of the Program. He stated the
Department is occasionally awarded supplemental funding, in recognition of additional cases of
tuberculosis in Weld County, and this amendment includes additional funding, in the amount of
$4,742.84. He stated the State funding helps to offset the costs, and money from the General Fund is
also utilized to operate the Program, since it is in the public's best interest to control tuberculosis.
Dr. Wallace indicated there has been an increase in the number of tuberculosis cases in Weld County;
however, the funding is determined by the number of cases over a three (3) year period; therefore, a
lower amount of funding is being received than in previous years, due to low numbers earlier in the
period. He stated with the increased number of cases this year, the average will increase for the
three (3) year period, and it is hoped the State will contribute additional funding. Commissioner Garcia
moved to approve said amendment and authorize the Chair to sign. Commissioner Conway seconded
the motion, and he inquired as to whether the number of cases of tuberculosis is still increasing.
Dr. Wallace confirmed the number of cases continues to increase, and he stated there are
investigations underway for active tuberculosis, which is the most aggressive commitment of the
Department's time and energy. He indicated there is a lot of secondary migration occurring, where
immigrant families are moving from one State to another, and the families will begin treatment in the
State where they entered the Country, and then the families move to this location and the County has
to complete the therapy. He stated a nine (9) month course of treatment is required, even for latent
tuberculosis. Responding to Commissioner Conway, Dr. Wallace stated there is some initial funding
from the Federal government when the refugees enter the County; however, the Federal funding is
usually depleted before secondary migration occurs. There being no further discussion, the motion
carried unanimously.
CONSIDER COLORADO IMMUNIZATION PROGRAM STATEMENT OF WORK FOR TDAP
COCOONING PROJECT EXPANSION AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the
Board previously approved the Tdap Cocooning Project, in which the Department expanded its efforts
to immunize young children and the parents or caregivers of young children against the
vaccine-preventable illness Pertussis. He indicated a significant number of cases of Pertussis are seen
by the Department each year and there is still a lot of outreach to complete for at-risk adults, even
though the target population is being reached. He stated this Statement of Work will allow the
Department to provide outreach to at-risk adults for three (3) more vaccine-preventable illnesses as
well; Meningococcal, Human Papillomavirus (HPV4), which causes cervical cancer, and
Pneumococcal, which causes pneumonia. Dr. Wallace stated no additional staff will be required, and
the grant will provide funding in the amount of $24,000.00, for a term of October 15, 2010, through
September 30, 2011. Commissioner Conway moved to approve said Statement of Work and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BRENT HOLCOMBE:
Christopher Woodruff, Assessor, indicated this petition is for a property within the Town of Ault, for Tax
Year 2009. He stated after reviewing additional data submitted by the property owner, staff agrees an
adjustment is appropriate. He recommended the assessed value be decreased by $31,870.00, for an
abatement of $2,153.01. Commissioner Conway moved to approve said abatement, in the amount of
$2,153.01, based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES -ART INVESTMENTS, LLC, C/O
ROGER CHIVUKULA: Mr. Woodruff stated the petitioner requested the value for the property be
decreased from $4,000,000.00, to $3,470,000.00, for Tax Year 2009. He indicated the sale of this
Minutes, November 1, 2010 2010-2622
Page 4 BC0016
property in November, 2007, was used as a benchmark sale in determining the appropriate value for
the year 2009. He stated comparable sales from the year 2007 and the first half of 2008 are utilized for
Tax Year 2009, and the property sold for $4,000,000.00 in November, 2007. Mr. Woodruff stated the
income approach yields a value between $3,600,000.00 and $4,000,000.00; therefore, he recommends
the value be sustained at $4,000,000.00, and that the petition be denied. Chair Rademacher gave the
opportunity for public testimony; however, none was given. Commissioner Garcia inquired as to
whether other comparable values were considered, in addition to the sale of this same property in the
year 2007. Mr. Woodruff indicated other comparable values were considered by staff; however, he
does not have those comparable values with him, and staff primarily relied on the sale of the subject
property during the base year period in determining the value for the property. In response to
Commissioner Conway, Mr. Woodruff confirmed the comparable sales period which must be
considered for the year 2009, ended June, 2008. Commissioner Garcia moved to deny said refund,
based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - POULSEN, LLC/ACE
HARDWARE: Mr. Woodruff indicated this property is a storage facility located within the Town of
Windsor. He stated this property was protested and adjusted in the year 2009, based on a correction to
the square footage of the property and a review of the income data; therefore, the value, in the amount
of $1,697,992.00, in an adjudicated value. He stated in the year 2010, the property owner hired Chris
Ruff as a representative, and the income information was presented differently, which led the
Assessor's Office staff to conclude an adjustment was in order for the year 2010; therefore, the value
was reduced to approximately $1,349,749.00, according to a stipulation before the Board of
Equalization. Mr. Woodruff indicated there is a problem with the construction of the abatement statute;
in the case of overvaluation, if a property value has been adjusted after being protested, the property
owner is barred from protesting the value again; however, the abatement procedure is separate from
the protest procedure; therefore, if there is an error in the valuation, the error can still be corrected,
even though an adjustment occurred for this period. He stated he is unclear as to whether this matter
is an overvaluation issue in the year 2010, or an error which is being corrected. He stated his
understanding is any errors of fact were corrected in the year 2009, which resulted in the value of
$1,697,992.00, and in the year 2010, different information was presented to staff, which resulted in a
reduction in value. Mr. Woodruff stated his initial recommendation on this matter was denial of the
petition, based on the protest and adjustment in the year 2009; however, he is not convinced this is
entirely an issue of overvaluation, and there may be an error involved. He stated if the income data
were to be presented to the Assessor's Office differently, and the staff concluded a different value,
there is still the over-riding statutory requirement that the values be the same for both years. He
recommended denial of the petition; however, if the Board grants the petition, it will be a change in
assessed value from $484,380.00, to $383,390.00, which is an abatement of $100,990.00, and a tax
abatement in the amount $9,366.62. Mr. Woodruff indicated there are compelling arguments on both
sides, and the case law is split. He stated there is a case out of Arapahoe County from the 1990s
which determined the values for both years must be the same; however, there was a subsequent case
from Boulder County where the Supreme Court clearly defines an analysis of both errors of valuation
and overvaluation, and it is a gray area. He reiterated he is unsure as to whether there is an error
remaining in this situation; therefore, he stands by denial recommendation; however, he believes the
value should be lower for the year 2010. In response to Commissioner Conway, Mr. Woodruff stated
the Supreme Court decision regarding the Boulder County case occurred in the year 2003.
Mr. Ruff, representative for the petitioners, Russ and John Heppner, indicated the petitioners are
present at the hearing, and he submitted a packet into the record, marked Exhibit A. He stated he
agrees with most of the general points made by Mr. Woodruff; however, he needs to clarify the value
was protested for the 2010 taxes due in the year 2011, compelling income and expense evidence was
submitted, and a reduction was granted, based on the information submitted. He stated the first page
Minutes, November 1, 2010 2010-2622
Page 5 BC0016
of Exhibit A demonstrates the County Board of Equalization agreed to reduce the value of the property.
Mr. Ruff stated the numbers are slightly different than what Mr. Woodruff presented, since there are
two (2) parcels, which are side by side. He indicated Poulsen, LLC, constructed a storage facility in the
Town of Windsor, and it later completed additional construction on the property. He stated that in
January, 2009, the construction was not complete, and there was not a Certificate of Occupancy until
nearly the middle of the year 2009. Mr. Ruff stated Poulsen, LLC, originally contended the value should
not be added to the property, since it was not operational and it was not able to be rented; however, the
property did have extra value with the additional buildings. He stated Stan Jantz, former Weld County
Assessor's Office employee, came to the property and measured the buildings. He stated the third
page of Exhibit A shows the abatement petition filed for Tax Year 2009, and the fourth page is an
e-mail from Mr. Jantz. Mr. Ruff indicated the Assessor's Office sent a Letter of Determination to the
petitioners; however, the petitioners have steadfastly maintained they did not receive the letter. He
stated there are strict time constraints in the protest process, and since the petitioners did not receive
the letter, they did not know the deadline had passed; therefore, the petitioners were not allowed to
complete the protest process. He stated the e-mail from Mr. Jantz indicates that since the deadline had
passed, the only opportunity available was for the property owners to request an abatement of taxes.
Mr. Ruff stated that Mr. Woodruff indicated there is some contention whether there was a protest of
valuation or not; however, there is a two-fold issue, since the property owners lost the ability to protest
the valuation, due to the lack of receiving notification, and the initial protest was based on the property
owners believing the valuation was an error, due to the square footage of the property not being in use.
He indicated in this case, the valuation should be applied to both years, as State statute indicates,
although the statute is conflicting. He stated since the same data is being utilized to determine the
value in the year 2010, the value should be same for the year 2009. In response to Chair Rademacher,
Mr. Woodruff clarified what is being considered today is Schedule #R4096006, which was the subject of
the stipulation in the year 2010, and this is the portion which the abatement petition was submitted for.
In response to Mr. Woodruff, Mr. Ruff confirmed if the value is determined to be $1,349,749.00 for Tax
Year 2009, the same property value will be applied for the year 2010. Mr. Ruff stated the property
value will need to be split across two (2) parcels. Commissioner Long inquired as to whether
Mr. Woodruff predicts there would have been a different outcome if the notification was received.
Mr. Woodruff stated the Assessor is responsible for mailing the Letters of Determination; however, the
Assessor is not responsible as to whether or not the notification is received, and the best indication is
that the Letter of Determination was mailed, although he believes the property owners did not receive it.
He stated since new information was presented in 2010 which resulted in the value being reduced, he
assumes he would have concluded the value should be reduced if he had been presented the same
information in the year 2009. He stated if the matter was considered before the Board of Assessment
Appeals, there would be several questions of fact which would need to be answered, and it is
compelling that in the year 2010, the appraisers worked through the issues with the petitioners'
representative and they reached a valuation conclusion. Mr. Woodruff stated if the Board chooses to
approve the petition, the State Property Tax Administrator may have questions regarding the facts of
the protest; however, he also believes the property owners have the right to protest the property value,
and since the property owners did not receive timely notice and have the opportunity to appeal to the
Board of Equalization in the year 2009, this is the method the property owners can utilize to appeal to
the Board. He stated it seems it would be right and just to adjust the value, to make it the same for the
years 2009 and 2010. Commissioner Garcia moved to approve the tax abatement, in the amount of
$9,366.62. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 22 BETWEEN CRS 31 AND 37: Janet Carter,
Department of Public Works stated said closure will commence November 8, 2010, through
November 12, 2010, in order to replace a culvert. She stated the average daily count for County
Road 22 is 1,000 vehicles, according to a count conducted in the year 2007, and magnesium chloride
will be used for dust control on the gravel portions of the detour route. She stated message boards will
be used in advance of the closure, and road signs and barricades will be used throughout the closure.
Minutes, November 1, 2010 2010-2622
Page 6 BC0016
Commissioner Conway moved to approve said temporary closure. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 86 BETWEEN CRS 41 AND 43: Ms. Carter indicated
said closure will commence November 8, 2010, through November 16, 2010, in order to replace a
culvert. She stated the average daily traffic count for County Road 86 is 86 vehicles, according to a
traffic count conducted this year. She indicated water will be used for dust control on the gravel
portions of the detour route, and road signs and barricades will be utilized to notify drivers of the
closure. Chair Rademacher inquired as to why the last closure is shorter than this one (1), when both
closures are for the purpose of replacing a culvert. Ms. Carter indicated the length of the closure
depends on the location, the width of the road, and whether alternative accesses need to be
constructed for people to access their properties. Commissioner Conway moved to approve said
temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 24.5 BETWEEN CR 25.5 AND U.S. HIGHWAY 85:
Ms. Carter stated said closure will commence November 8, 2010, through December 31, 2010, in order
to replace a bridge. She indicated the average daily traffic count for County Road 24.5 is unknown;
however, it has a low volume of traffic, and magnesium chloride will be utilized for dust control on the
gravel portions of the detour route, due to the geo-technical aspects of the roads. She stated road
signs and barricades will be used throughout the closure. In response to Chair Rademacher,
Ms. Carter stated the bridge is over a large drainage canal, and there is a lot of farming in the area;
therefore, staff has been working with the surrounding property owners. Commissioner Conway
inquired as to how the work will be completed during this time of the year, when there may be snow.
Ms. Carter stated snow removal is sometimes completed for areas where the County is completing
construction, and if the weather is severe, there will probably not be work completed. She stated the
timeframe is longer, to account for inclement weather and the holidays. Chair Rademacher indicated
he is concerned the project could be extended by months if there is a lot of severe weather. Ms. Carter
reiterated staff accounted for severe weather when it determined the eight week timeframe for
construction. Commissioner Conway inquired as to whether this project is a high priority. Ms. Carter
indicated all the County Roads are a high priority; however, the work will be completed in a timely
manner. Commissioner Kirkmeyer moved to approve said temporary closure. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN SALE CERTIFICATES TO KIVA PROPERTIES I, RLLLP,
AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, indicated these Tax Lien Sale
Certificates are for five (5) properties and Kiva Properties I, LLLP, has paid $630.86, and he
recommended approval. Commissioner Long moved to approve the assignment of said Tax Lien Sale
Certificates to Kiva Properties, RLLLP, and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED
FOR DECEMBER 1, 2010: Commissioner Conway moved to cancel the Board meeting on
December 1, 2010. Commissioner Garcia seconded the motion, and he stated the cancellation is
necessary due to the Board attending the Colorado Counties, Inc., (CCI) conference. There being no
further discussion, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-10, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Mr. Barker indicated he provided the proposed changes to the Board last week and there is a
work session scheduled for November 9, 2010. He indicated the first proposed change is regarding the
conduct of meetings, in Section 2-1-10, which needs to be updated to adequately reflect how the
County handles the Board of Human Services and how the Board of County Commissioners conducts
Minutes, November 1, 2010 2010-2622
Page 7 BC0016
business as the Board of Human Services. He indicated the next two (2) proposed changes are
updates to Section 2-1-40, which add rules concerning the Weld County Seal and the Weld County
Logo. He stated these items were discussed some time ago; however, the seal has been used
inappropriately a number of times recently. Mr. Barker indicated the next proposed changes are to
Section 2-1-50, regarding the disposition of electronic recordings, and the changes will bring the County
up to date with State law, and will require recordings of Board of County Commissioner meetings and
hearings to be retained for three (3) years, plus the current year. He indicated the next changes are to
Section 2-1-60, regarding referral/response to correspondence, will be updated to accurately reflect the
current procedures, and this Section has not been addressed since the 1990s. He stated the next
proposed changes are regarding work sessions, in Section 2-1-80, and there was a memorandum
circulated in May, 2009, from Commissioner Garcia, who was the Board Chair in the year 2009, and the
proposed changes follow the memorandum precisely, including addressing cover letters. Mr. Barker
stated the next proposed changes are regarding Section 2-1-120, and there were two (2) Resolutions
passed by the Board concerning delegational authority, in the years 2009 and 2010, which will be
incorporated into the Section. He stated the next proposed changes are in Section 2-3-30, including
reducing the types of acceptable collateral to three (3), which is consistent with the current practice and
with other local counties policies, as well as adding rules regarding the quality of the collateral and
ensuring it is current. He stated the final proposed changes are to Section 2-12-150, regarding the use
of household appliances in the workplace. Chair Rademacher gave the opportunity for public
testimony; however, none was provided. Ms. Mika stated perhaps she and Mr. Barker can meet
between now and the work session on November 9, 2010, to determine whether there are
administrative comments which need to be included for the second reading. She stated the Board may
also want to ponder notification to staff since the household appliances will include space heaters, and
she indicated if space heaters are no longer allowed, the Department of Buildings and Grounds will
receive lots of calls to resolve cold temperatures, since approximately 80 percent of the employees on
third floor of the Centennial Building utilize space heaters. In response to Chair Rademacher,
Commissioner Kirkmeyer stated the issue is the inability of the building and the people who operate the
building to provide adequate heat, in order to create a good working environment, where the employees
are productive. In response to Commissioner Kirkmeyer, Chair Rademacher stated the Board
suggested safety regulations, including appliances which automatically shut-off, as opposed to not
allowing space heaters at all. Commissioner Conway stated this is about the safety of the employees
and an unapproved space heater, without an automatic shut-off, could start a fire. He concurred with
Commissioner Kirkmeyer regarding wanting a good working environment for the employees; however,
he also wants a safe working environment. Commissioner Garcia moved to approve
Ordinance #2010-10, on first reading. Seconded by Commissioner Long, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2010-10 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, November 1, 2010 2010-2622
Page 8 BC0016
There being no further business, this meeting was adjourned at 9:52 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
43'
s � oug a Radema er, hair
Weld County Clerk to the Board t y ; - /
• ,f_A arbara Kirkmeyer, Pro-Tem
BY: Ct ! 1 ?tr..) •
Dep Clerk t e Board
Sean P. w
m . G is
. eel L
David E. Long
Minutes, November 1, 2010 2010-2622
Page 9 BC0016
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