HomeMy WebLinkAbout20101523.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 14, 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 14, 2010, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of July 12, 2010, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, inquired as to whether the Resolution the Board
passed regarding coordinating with the State also applies to the Federal government.
Bruce Barker, County Attorney, stated the intent of the Resolution is to take into consideration existing
land Code with respect to the plans of the Federal government. In response to Mr. Meyer, Mr. Barker
stated the language in the Resolution does not place the County in a supreme position to the Federal
government concerning the management of Federal lands. Mr. Meyer stated he would like the
Resolution to be amended to include additional references to Federal laws, since the County is relying
on Federal laws to invoke coordination. He stated the Federal Land Policy and Management Act
(FLPMA) was mentioned in the Resolution; however, he would like to include the Endangered Species
Act, the Clean Air Act, the Clean Water Act, the Wild and Scenic Rivers Act, the Historic Preservation
Act, the Soil and Water Conservation Act, the Regulatory Flexibility Act, the Data Quality Act, and the
Homeland Security Act. He indicated he attended a meeting in the Town or Grover on July 12, 2010,
and he helped draft a notification letter to express the Town's intent to coordinate with Federal
agencies. Mr. Meyer stated at the meeting he was informed the Rocky Mountain Plover may be added
to the Endangered Species List. Chair Rademacher stated the Rocky Mountain Plover has not been
placed on the Endangered or Threatened Species Lists; however, it is being considered, and the
U.S. Forest Service and Weld County have both expressed opposition, in writing, regarding adding the
Rocky Mountain Plover to either list. Mr. Meyer stated he expected another species to be proposed for
Minutes, July 14, 2010 2010-1523
R'`O Page 1 BC0016
the Endangered Species List after the Black-Tailed and White-Tailed Prairie Dogs were removed from
the list. He stated he hopes the Board adds the Federal Acts he mentioned to the Resolution
concerning coordination; however, he has already offered his resignation as the Chairman of a citizen's
committee he participates in for his failure to convince the Board to do what the group wanted. Chair
Rademacher stated the Board did adopt a Coordination Plan; however, it may not be as extensive as
Mr. Meyer's group would like it to be. Commissioner Conway stated the only government agency which
requires the County to notify it about adopted rules is the Bureau of Land Management, and the Board
does not need to notify the other agencies; however, the Board can exercise coordination at any time
with any of the entities. He stated if the Rocky Mountain Plover is listed on the Threatened Species
List, for example, the Board may invoke coordination regarding the matter as it relates to the Pawnee
National Grassland. Mr. Meyer stated listing the Acts he mentioned in the Resolution will address a
broader scope of issues which will inevitably arise. He stated he wants to see the Acts listed in the
Resolution because every Resolution he has reviewed over the past three (3) years on coordination
has listed all the Acts he mentioned and it is also to the advantage of new Commissioners to know they
can coordinate under those statutes. Mr. Barker inquired as to how Mr. Meyer foresees the County
coordinating on the Rocky Mountain Plover issue and as to whether Mr. Meyer wants the County to sue
the Federal government over the matter. Mr. Meyer stated he wants to prevent the County from being
involved with the Federal courts, and he will send a copy of the Resolution to the American Stewards of
Liberty for review. Commissioner Conway stated the Board approved a Resolution regarding
coordination; however, if there are holes in the Resolution he is open to considering Mr. Meyer's
feedback. He reiterated the only agency which requires advance notification to coordinate is the
Bureau of Land Management, and there are only U.S. Forest Service lands within Weld County. He
stated the Board believes it passed a Resolution which enables it to be proactive on issues pertaining
to Weld County, and since it does not have any lands owned by the Bureau of Land Management, it will
not have any issues with the agency. Mr. Meyer stated the first statute which required coordination is
the Bureau of Land Management's policy, which is FLPMA, and the other two (2) Acts which are
mentioned in all the Resolutions he has reviewed are the National Forest Management Act (NFMA) and
the National Environmental Policy Act (NEPA). He stated FLMPA, NFMA, and NEPA are pursuant to
the Supremacy Clause and those are the main Acts which are utilized to exert coordination. He stated
that when the Resolution was passed, Chair Rademacher indicated coordination is a good tool for the
Board to have on hand in case it is needed; however, it is the public which needs it, and the public
needs the Board to immediately invoke coordination. Commissioner Long stated the Board's
Resolution was drafted to be inclusive of all matters which may arise and it does not need a
comprehensive list to address every issue which may arise. He stated the Board can work in concert
with the U.S. Forest Service on the Rocky Mountain Plover matter, and the Board is implementing the
Coordination Plan; however, it would be too cumbersome and problematic to list every possible issue in
the Resolution. He stated the Board has completed what Mr. Meyer requested; however, it may not
have been completed in the manner he wanted. Mr. Meyer inquired as to why all the other local
governments would include FLMPA, NFMA, and NEPA in the Resolutions regarding coordination if it is
not necessary. Commissioner Conway stated those government entities may have had issues which
are different from Weld County's issues. Mr. Meyer indicated the entities were working on issues with
the same Federal agencies as Weld County. Commissioner Conway stated he is willing to discuss the
matter further and if there are holes in the existing Resolution, he would like to work to correct those.
Mr. Barker stated the Resolution the Board passed simply reiterates what already exists in the State
statute concerning the concept of coordination, and Mr. Meyer is requesting a Resolution which
restates Federal law. He stated he disagrees with Mr. Meyer about passing a Resolution regarding
coordination being necessary; it does not make a difference regarding how the Board may legally
address issues with the Federal government. He stated no matter what laws are referenced in the
Resolution, it does not affect the County's standing or its ability to bring action against the Federal
government. Mr. Meyer stated that Mr. Barker is not disagreeing with his opinion on coordination; he is
disagreeing with the founding father of coordination. Commissioner Conway stated when a prescribed
burn crossed onto private property and caused damages, the District Attorney was going to pursue
Minutes, July 14, 2010 2010-1523
Page 2 BC0016
legal action against the U.S. Forest Service in Federal court; however, the matter was resolved before it
went to court. He reiterated he is willing to discuss the coordination matter further with Mr. Meyer, and
he thanked him for participating in the County meeting with the Colorado Department of Transportation
(CDOT) last night. Mr. Meyer thanked the Board for working with him on the coordination matter.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
HIGH COUNTRY MILLWORK DAY - JULY 8, 2010: Chair Rademacher stated he presented the
certificate at an Upstate Colorado Economic Development event last week, and he read the certificate
into the record, proclaiming July 8, 2010, as High Country Millwork Day. Commissioner Conway stated
he was honored to attend the presentation in the Town of Frederick last week, and the High Country
Millwork is representative of all the small businesses in Weld County. He stated the owner is very
community oriented and he moved from Boulder County to Weld County because of its business
friendly policies, and the owner has invited the Board to tour the facility. He stated it is a great success
story for a company to be expanding during these difficult economic times. Chair Rademacher stated
High Country Millwork began conducting business in the 1970s, it was relocated to Weld County in the
year 1998, and it is a high profile company which conducts business with many other high profile
companies.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1000120, JAIL PAINT PROJECT - DEPARTMENT OF BUILDINGS AND
GROUNDS: Monica Mika, Director of Finance and Administration, stated this bid was presented on
June 14, 2010, and she recommended the sole bid from Craftsman Decorating, Inc., be accepted. She
stated the letter from Toby Taylor, Department of Buildings and Grounds, indicates four (4) pods, a
vestibule, and a gymnasium will be painted. Chair Rademacher indicated he is disappointed only
one (1) company submitted a bid for this project.
Mr. Taylor stated the bid was advertised through the normal channels, just two (2) companies attended
the pre-bid meeting and walk-through, and only (1) vendor chose to submit a bid. In response to Chair
Rademacher, Mr. Taylor stated he does not know the reason the second company declined to submit a
bid. Commissioner Long inquired as to whether there are restrictions on which employees can work in
the jail. Mr. Taylor stated there are not any employee restrictions in this situation since, based on the
location of the project, the employees will have ease of access. In response to Commissioner Conway,
Mr. Taylor stated this company painted the same area approximately five (5) to seven (7) years ago,
and the price is comparable to what was paid in the past. Commissioner Conway stated although he
wishes more vendors would have submitted bids, he is glad the sole vendor is locally based.
Commissioner Garcia inquired as to whether this area was scheduled for repainting prior to Intervention
Community Correction Services (ICCS) being located there or whether the repainting is necessary as
the result of damage caused by ICCS. Mr. Taylor stated the painting schedule is normally between ten
(10) and 15 years and the schedule was accelerated somewhat because of the ICCS clients being
located there; however, they were not the sole cause of the damage; there was damage prior to ICCS
being there. Commissioner Long moved to approve the sole bid, in the amount of $133,802.00, based
on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, July 14, 2010 2010-1523
Page 3 BC0016
OLD BUSINESS:
RECONSIDER TASK ORDER CONTRACT FOR FAMILY PLANNING PROGRAM (CON'T FROM
7/12/10): Dr. Mark Wallace, M.D., stated this matter was continued in order to identify appropriate
language to be included in the contract, and after conversations with the State, he has identified some
options. He stated that since the existing language in the contract is not specific, the Department can
continue to operate under the current contract and the Board's directive, or language can be inserted to
specify the contraceptive method by name and indicate counseling and referral will be made; however,
if the language is inserted into the contract, the State will need to review the amended contract and the
Department cannot bill for any part of the contract while it is being disputed. Dr. Wallace stated the
State indicated the Department did not need to include specific language about Plan B in the
agreement in order to continue operating under the Board's direction; the Department will simply
provide documentation of the Board's directive when it is audited. In response to Chair Rademacher,
Dr. Wallace stated the Department can track the clients requesting Plan B and it will need to provide
documentation that the method remains listed as an option in Department materials. He stated staff will
also need to document that the clients who wish to utilize Plan B are counseled and referred to another
agency where the contraceptive method can be obtained. He stated the Federal government made this
drug available without a prescription to anyone 18 years of age or older; however, the reason Title 10
placed so much emphasis on it is because it can cost up to $60.00. He stated the Department hopes to
work with other places receiving Title 10 funding, which can provide the drug to the referred clients
utilizing the Title 10 funding, in order to avoid creating a situation where the clients are unable to obtain
the drug due to financial barriers. Dr. Wallace clarified it would not be adequate for the Department to
simply indicate the clients need to obtain the method elsewhere; it would need to identify places where
the clients can obtain the method. Responding to Chair Rademacher, Dr. Wallace confirmed if the
contract is not amended, the Department will be able to continue billing for work completed during the
month of July. He clarified when a contract is under review, the Department is ineligible to bill for any
part of the contract, and retroactive billing is no longer allowed for the service based contracts;
however, there are different rules for some of the other grants which do not pay for direct services.
Commissioner Garcia thanked Dr. Wallace for providing the Board with options and he stated the first
option appears to be in line with what was previously discussed. In response to Commissioner Garcia,
Dr. Wallace confirmed the first option is his recommendation. He stated the only risk is the State may
feel the County has not complied with providing a broad scope of birth control options; however, the
counseling and referral for Plan B should meet the compliance guidelines. In response to
Commissioner Kirkmeyer, Mr. Barker stated the previous Resolution was passed to approve the
contract with certain language to be stricken from the agreement; however, it is being proposed that the
contract be approved in its entirety. He stated the Resolution needs to indicate the removed language
is being added back into the contract. Commissioner Kirkmeyer moved to approve said task order
contract, as it was originally presented, and to rescind Resolution #2010-1095. Commissioner Garcia
seconded the motion, and clarified the method of proceeding will be not to provide Plan B to clients;
however, counseling will be provided, and referrals as to where Plan B can be obtained will be
provided. In response to Commissioner Garcia, Dr. Wallace stated Plan B is not mentioned anywhere
in the contract; however, the initial Resolution specifically mentioned Plan B. Commissioner Kirkmeyer
suggested a paragraph be added to the Resolution to specify the manner in which the Department of
Public Health and Environment will proceed regarding Plan B, as directed by Commissioner Garcia.
Commissioner Garcia and Dr. Wallace concurred with Commissioner Kirkmeyer's suggestion, and
Commissioner Kirkmeyer amended her previous motion to include the direction for staff to add an
additional paragraph to the Resolution which specifies how staff will proceed concerning Plan B.
Commissioner Garcia seconded the motion. There being no further discussion, the motion carried
unanimously.
Minutes, July 14, 2010 2010-1523
Page 4 BC0016
NEW BUSINESS:
CONSIDER APPLICATION FOR STATE TOBACCO EDUCATION AND PREVENTION
PARTNERSHIP (STEPP) GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the State
changed its approach to Tobacco Education funding and this application will focus on a single
jurisdiction. Commissioner Garcia stated he and Commissioner Conway attended a Tobacco Free
Coalition meeting yesterday and the Coalition is a great organization. He stated the State has changed
a County-wide activity into being an activity only within the City of Greeley; the County had to select just
one (1) jurisdiction to work with, which contradicts the regionalism all the County processes follow. He
stated the Tobacco Free Coalition was addressing second hand smoke with youth and another
organization has had to apply for a different grant to continue operating this part of the Program;
therefore, he hopes a lack of forethought on the State's behalf will not damage the success of the
Tobacco Free Coalition. Commissioner Conway stated it is unfortunate Weld County was forced to
select one (1) municipality to work with out of its 31, and he is going to address this issue at an
upcoming meeting with the Director of the Colorado Department of Public Health and Environment. He
stated Jefferson County will have all its municipalities submit grant applications, which means some of
the municipalities will be selected to receive the grant funding and others will not be, which is unfair to
the communities. He stated one item which was made clear yesterday is that the Tobacco Free
Coalition will continue to perform outreach activities and to interact with other communities, such as the
Towns of Mead, Fort Lupton, Hudson, and New Raymer. Commissioner Conway moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
CONSIDER AMENDMENT TO TASK ORDER CONTRACT FOR EMERGENCY PREPAREDNESS
AND RESPONSE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this contract is
awarded annually for the Emergency Preparedness and Response Program. He stated Roy Rudisill,
Office of Emergency Management, has reviewed the amendment and indicated he is satisfied with it
and that it fits well with the other activities planned for emergency preparedness. He stated these are
Federal funds from the U.S. Department of Health and Human Services, Centers for Disease Control
and Prevention, and the funding is then distributed by the State Departments of Public Health and
Environment. He stated the term of the amendment is August 10, 2010, through August 9, 2011, and it
is for an amount not to exceed $242,171.00. He stated the funding will assist the Department in better
responding to emergencies. Commissioner Long moved to approve said amendment and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, 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, staff must seek approval for right of entry on
private land to carry out weed measures. In response to Chair Rademacher, Ms. Booton stated the
County contracts this work out, and the contractors provide their own insurance; therefore, the County
will not be liable for damages to properties where the contractors are completing weed control
measures. Commissioner Long stated he is aware Greg Reeves is out of the State, and he inquired as
to whether Mr. Reeves family has made an effort to address the weeds. Ms. Booton stated a contractor
requested that Mr. Reeves spray the weeds and Mr. Reeves indicated he did not want to spray the
property because he planned to farm it; however, the property was not farmed. She stated the matter
was brought to staff's attention as the result of a neighbor complaint. In response to Commissioner
Conway, Ms. Booton stated the property owners were given multiple opportunities to correct the weed
issues. Responding to Commissioner Long, Ms. Booton stated there are approximately five (5) to ten
(10) acres of weed infested land on the Reeves' property, and she will try to contract the Reeves
one (1) more time before hiring a contractor to correct the situation. Commissioner Garcia moved to
approve entry upon said lands by a Weld County Vegetation Management Specialist. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, July 14, 2010 2010-1523
Page 5 BC0016
CONSIDER PRETRIAL SERVICES ADVISORY BOARD BYLAWS AND AUTHORIZE CHAIR TO
SIGN: Doug Erler, Department of Justice Services, stated earlier this year the Board authorized the
transfer of Pretrial Services to Justice Services, and since then a Pretrial Services Advisory Board has
been created and it has convened several times. He stated the Chief Judge and Mr. Barker have both
reviewed the bylaws. Commissioner Garcia moved to approve said bylaws and authorize the Chair to
sign. Seconded by Commissioner Conway, 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 10:00 a.m.
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Minutes, July 14, 2010 2010-1523
Page 6 BC0016
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