HomeMy WebLinkAbout20092926.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 4, 2009
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 4, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of November 2, 2009, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B0900130, ON -SITE CLINIC - DEPARTMENT OF FINANCE: Monica Mika, Director
of Administrative Services, stated said bid will be presented for approval on November 18, 2009.
OLD BUSINESS:
CONSIDER LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - RITCHIE BROTHERS (CON'T FROM 10/7/09): Chair Garcia stated the Board attended a work
session yesterday regarding this matter. Commissioner Kirkmeyer stated Schedule C only lists an
hourly rate of $51.00 and it does address recovering costs; therefore, if the County's costs increase, the
County may not be able to recover its costs. She proposed amending Schedule C to state the hourly
rate will be periodically reviewed to ensure the County is recovering its costs. Mr. Barker stated it is
written in the agreement that it will automatically renew each year; therefore, if the Board would like to
Minutes, November 4, 2009 2009-2926
Page 1 . BC0016
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review the agreement annually or if the Board would like to review it when costs increase, the Board
needs to amend the language in the agreement. In response to Commissioner Kirkmeyer, Mr. Barker
suggested the agreement state that the costs set forth in Schedule C will always reflect and cover the
actual costs incurred by the Weld County Sheriff's Office. Commissioner Kirkmeyer moved to amend
the agreement as stated by Mr. Barker. Commissioner Rademacher seconded the motion, which
carried unanimously. Commissioner Long moved to approve said agreement and authorize the Chair
to sign. Commissioner Rademacher seconded the motion. Commissioner Kirkmeyer stated she does
not agree with contracts which allow government entities to compete with the private businesses and in
the instance of this agreement, it will allow the Sheriff's Office to provide armed security services to a
private business, which she is opposed to. She further stated she is concerned the private business
may try to take advantage of governmental immunity as a result of the agreement, which is not the
intent of governmental immunity; therefore, she will not vote in favor of the agreement. Chair Garcia
stated the agreement was initially considered in October, 2009, at which time he asked questions
regarding those concerns and it was explained there is a significant price difference between the
security services provided by the Sheriff's Office and those provided by private security companies, and
there have been instances the private security companies have been selected instead of the Sheriff's
Office by private companies as a result of the cost difference; therefore, the Sheriff's Office is not
undercutting the private sector by providing the armed security services. Commissioner Rademacher
concurred with Chair Garcia and he stated he would be opposed to the agreement if the Sheriff's Office
was offering the services at lower rates than the private security companies. He further stated the
County insurance acknowledges this practice. Upon the request for a roll call vote, the motion passed
three to one, with Commissioner Kirkmeyer in opposition.
NEW BUSINESS:
ACCEPT 2009-2010 COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE GRANT
AND AUTHORIZE CHAIR TO SIGN: Detective Gary Ford, Sheriff's Office, stated the Weld County
Sheriff's Office began working with the Internet Crimes Against Children Task Force in the year 2007;
however, the Sheriff's Office also handled these types of cases prior to 2007. He stated the City of
Colorado Springs created the grant, and it was able to obtain additional funding earlier this year;
therefore, it has created a new grant which will provide training software, an additional computer
system, and data storage for the Weld County Crime Laboratory. In response to Chair Garcia, Mr. Ford
stated the amount of the funds being awarded to Weld County is $29,101.00. Commissioner Kirkmeyer
inquired as to whether the Sheriff's Office has communicated with Affiliated Computer Services (ACS),
the County's technical service provider, regarding the work station and the server storage. Mr. Ford
stated the work station and the server storage will be provided from the vendor that maintains the
current equipment in the Crime Laboratory, and it is the same model and manufacturer as the current
equipment. In response to Commissioner Kirkmeyer, Mr. Ford stated ACS does not support the
equipment in the Crime Laboratory. In response to Commissioner Rademacher, Mr. Ford confirmed
there will be no additional FTE associated with the grant, and the term is one year. Responding to
Commissioner Kirkmeyer, Mr. Ford stated one year of software upgrades will be provided and if the
Crime Laboratory continues to use the software beyond the conclusion of the year, it will not be able to
receive the upgrades, and there is other software the Crime Laboratory has continued to utilize without
upgrades. Commissioner Rademacher moved to accept said grant and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATIONS FOR WORKFORCE DEVELOPMENT PROGRAMS
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated
these expenditure authorizations were presented to the Board at a work session conducted on
October 26, 2009. She stated the first expenditure authorization is for the American Recovery and
Reinvestment Act (ARRA) 25 Percent Dislocated Worker funding, in the amount of $135,912.00, to
provide employment and training services to eligible individuals who have lost their jobs due to layoffs,
closures, or loss of a job due to positions being sent overseas; and the Department is requesting that
Minutes, November 4, 2009 2009-2926
Page 2 BC0016
$40,773.00 from these funds be transferred to the ARRA Adult Programs, in order to be able to meet
the identified needs of existing clients and to meet the increasing need for services. She stated the
next expenditure authorization is for the Wagner-Peyser Reissue and Adjustment #2 funding,
$152,235.00 of which is from carry -in funds from the Program Year 2008 Wagner-Peyser Program and
$207,820.00 of which is from Adjustment #2 funds, to provide basic labor exchange services to job
seekers and employers in the Weld County area. She further stated the next expenditure authorization
is for the WIA 25 Percent Enhanced Dislocated Worker funding, in the amount of $82,455.00, for
employment and training services to eligible individuals who have lost their job due to layoffs, closures,
or loss of a job due to positions being sent overseas. Ms. Griego stated the next expenditure
authorization is for the On -Line Learning Project funding, in the amount of $14,532.00, to provide
scholarships to individuals who meet the eligibility requirements as identified by the Colorado
Department of Labor and Employment. She stated the final expenditure authorization is for the
Wagner-Peyser Disabled Veterans Outreach Program funding, in the amount $8,852.00, to support the
administrative and operational costs associated with the Disabled Veterans Outreach Program (DVOP)
staff person who is assigned to Employment Services. She stated the period of performance for each
of the expenditure authorizations is October 1, 2009, through June 30, 2010. Commissioner Kirkmeyer
moved to approve said expenditure authorizations and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER RELINQUISHMENT OF WELD COUNTY HEAD START GRANT AND MIGRANT AND
SEASONAL HEAD START GRANT: Mr. Barker stated this Resolution will formally relinquish the Head
Start Programs. In response to Chair Garcia, Mr. Barker confirmed the effective date will be January 1,
2010, unless mid -year relinquishment will cause substantial disruption which cannot be mitigated,
whereupon the effective date shall be June 1, 2010, and there is no indication there will be a disruption
thus far. Mr. Barker stated the Migrant and Seasonal Head Start Program does not commence until the
Spring, unlike the Regional Head Start Program. Commissioner Rademacher moved to approve said
relinquishment of the Weld County Head Start grant and the Migrant and Seasonal Head Start grant.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CHANGE ORDER #4 FOR WELD COUNTY COURTS PHASE 4 AND AUTHORIZE
CHAIR TO SIGN - GROWLING BEAR COMPANY, INC.: Pat Persichino, Director, Department of
Public Works, stated this and the following item are the final two change orders for the Weld County
Courts Phase 4 Project. Mr. Persichino stated Change Order #4 is for a total of $53,757.00, and the
two most costly items are updating the wiring in the ceiling above the Courts holding area, which cost
approximately $10,000.00, and replacing the bridal loop, which is a necessary component in the
process of heating water, and it cost approximately $21,000.00. He stated staff was not aware there
was a problem with the bridal loop until the system was entirely connected and could be tested. Chair
Garcia stated he and Commissioner Conway noted a concern when touring the facility; there was a
loud humming noise in one of the judge's chambers, which was perhaps caused by the air conditioning.
Toby Taylor, Department of Buildings and Grounds, stated the air balance should be complete before
the end of the week. Chair Garcia inquired as to whether the cost for the air balance will be included in
a future change order. Mr. Taylor stated the cost of the air balance has already been approved.
Commissioner Long moved to approve said change order and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER CHANGE ORDER #5 FOR WELD COUNTY COURTS PHASE 4 AND AUTHORIZE
CHAIR TO SIGN - GROWLING BEAR COMPANY, INC.: Mr. Persichino stated Change Order #5 is for
additional bracing which needs to be installed in the elevator tower. Commissioner Rademacher
moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
Minutes, November 4, 2009 2009-2926
Page 3 BC0016
CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING SCHEDULED
FOR DECEMBER 2, 2009: Commissioner Kirkmeyer moved to cancel the Board of County
Commissioners Meeting scheduled for December 2, 2009. Seconded by Commissioner Rademacher,
the motion carried unanimously. Chair Garcia stated the reason the meeting has been cancelled is
because several of the Board members will be attending the Colorado Counties, Inc. (CCI) conference
on that date.
HEALTH OLD BUSINESS:
CONSIDER AUTHORIZATION FOR WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION FOR VIOLATION OF THE COLORADO RETAIL FOOD ESTABLISHMENT RULES AND
REGULATIONS - THE COUNTRY INN RESTAURANT (CON'T FROM 11/2/09): Dan Joseph,
Department of Public Health and Environment, stated the Department has been entered into a
stipulation agreement with the Country Inn Restaurant which addresses training for the restaurant staff,
the management structure, and the payment of the civil penalty. He stated staff will perform two
follow-up inspections within the next month to ensure the agreed upon items are occurring. In
response to Commissioner Kirkmeyer, Mr. Joseph clarified two inspections will take place prior to
December 18, 2009. Commissioner Kirkmeyer inquired as to whether the owner understands that if the
Board determines the terms of the stipulation agreement have been complied with as a result of the two
inspections schedule to occur before December 18, 2009, the restaurant must continue to comply with
rules and regulations. Mr. Joseph stated the owner does understand this, and the Department can
bring the matter directly before the Board if the establishment has another violation, according to State
statute, without having to go through the civil penalty process again. Chair Garcia inquired as to
whether there is a danger to the public by allowing the restaurant staff to wait up to 10 days to
participate in the training. Mr. Joseph stated all of the restaurant staff may not be able to attend the
training at once and the most critical part of training which needs to occur first should be regarding the
cold holding, and then the other training may be completed in phases.
Sara Evans, Department of Public Health and Environment, stated 10 days is the standard amount of
time the State regulations allow for these types of violations to be corrected. Chair Garcia inquired as
to whether the suspension will be held in abeyance. Commissioner Rademacher stated the license has
not been suspended by the Board. Chair Garcia stated in other instances, the Resolution has specified
the suspension be held in abeyance. Mr. Barker stated in the instances the suspension has been held
in abeyance, the County did not obtain a signed stipulation agreement. Chair Garcia stated he wants to
address these types of matters consistently. Commissioner Rademacher concurred with Mr. Barker
that the stipulation agreement is sufficient, and he stated he wants to ensure the critical violations will
be addressed first. Mr. Joseph stated the critical violations will be addressed first, and the stipulation
agreement primarily addresses the critical violations. Chair Garcia stated if the Board deems the
stipulation agreement acceptable, the motion should state the Board has accepted the stipulation
agreement, since the Resolution does not list an option regarding a stipulation agreement. Mr. Barker
stated the stipulation agreement was only received today; therefore, the Resolution did not address it.
Brandon Houtchens, legal representative for the Country Inn Restaurant, stated the terms of the
stipulation agreement are acceptable and some of the requirements have already been enacted.
Mr. Houtchens stated he is confident the Country Inn Restaurant will maintain compliance.
Commissioner Long stated he is pleased to see all of the parties worked together regarding the
stipulation agreement, in order to safeguard the public, and he moved to approve said stipulation
agreement. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, November 4, 2009 2009-2926
Page 4 BC0016
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
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: 22a 71.11?j7
1277.-
Deputy Clerk to the Board
ougl-- Radema ' er, ro-Tem
EXCUSED
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:ar., ra ' it
meyer
Gd
David E. Long
Minutes, November 4, 2009 2009-2926
Page 5 BC0016
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