HomeMy WebLinkAbout20092860.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 28, 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, October 28, 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
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 26, 2009, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2009-13
by tape. Commissioner Long seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda
PUBLIC INPUT: Mark Hendrick, National Director of Federal Employee Benefits, and the United
Teacher Associates Insurance Company, stated several months ago the coverage for their insurance
program was extended from just federal employees and teachers to include the entire nation. He
stated the program is designed to pay thousands of dollars, tax free, in the event of a catastrophic
illness. He explained, on average, 70 percent of expenses are non -medical, such as loss of income.
Mr. Hendrick stated there are other programs designed to off -set small minor bills not covered by health
insurance; however, this program improved the concept by issuing a lump sum check of up to
$50,000.00 within a matter of days to help keep a household running. He requested the opportunity to
provide an employee informational packet, and assured the Board there is no pressure to sign up. He
explained the program is designed using a private pay structure, therefore, the County does not have to
track the payments through Payroll; rather, the County would just be granting employee exposure to the
program. Chair Garcia thanked Mr. Hendrick for his presentation and recommended he contact the
Department of Human Resources.
Minutes, October 28, 2009
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2009-2860
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CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, NORTHEAST COLORADO REGIONAL EMERGENCY MEDICAL
AND TRAUMA SERVICES ADVISORY COUNCIL - DONOVAN EHRMAN: Chair Garcia read the
certificate into the record recognizing Donovan Ehrman, who was not present, for his service on the
Northeast Colorado Regional Emergency Medical and Trauma Services Advisory Council.
RECOGNITION OF SERVICES, WELD COUNTY FAITH PARTNERSHIP COUNCIL - STEVE
MCCARTHY: Chair Garcia read the certificate recognizing Steve McCarthy, who was not present, for
his services on the Weld County Faith Partnership Council.
RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - JASON BERGEVIN:
Chair Garcia read the certificate recognizing Jason Bergevin, who was not present, for his services on
the Juvenile Community Review Board.
RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL - DONA MASON, NANCY FOX -
CLEMENT, GORDON LEDALL, DIANE HOLMBERT: Chair Garcia read the four certificates
recognizing Dona Mason, Nancy Fox -Clement, Gordon Ledall, and Diane Holmbert, who were not
present, for their services on the Extension Advisory Council.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway requested Commissioners
Long and Kirkmeyer provide a report concerning the discussion which took place at a recent CCI
meeting regarding the recommendations of the Child Welfare Committee which was appointed by the
Governor. Commissioner Long stated the discussion was somewhat unclear as to an actual decision;
however, his understanding is that there will not be any legislation created this year that will move the
program from a County to a State administration role, although there is potential for legislation in 2011.
He stated there was also discussion regarding the need for legislation to establish a plan; however, he
disagreed and stated the Governor's Office intends to take a road show out this year to obtain County
input. He stated it was apparent that most felt the State will likely move forward at some point
regardless of the input from the Counties. Commissioner Kirkmeyer stated she feels the State will
continue to move forward with the original plan. She stated the Governor's comments started off well;
however his statements became progressively vague and indicated there probably will be legislation in
2011. She stated if he gets re-elected there will be legislation, and she noted that 14 of the 29
recommendations have already been implemented. She further stated there are six or seven
recommendations that would require legislation this year in order to be implemented, and there are
Directors across the State of Colorado who were on the committees that are in support of the remaining
recommendations. Commissioner Kirkmeyer continued by stating the Governor will be conducting a
road show and he wants all of the stakeholders present, and she does not understand why the
Counties need to request a partnership with the State when the program is implemented by the
Counties and a partnership already exists that has previously been ignored. She further stated there
are some Commissioners from larger counties who support the Governor, and although legislation is
not necessary to establish a plan, it will be necessary to implement a plan. Commissioner Kirkmeyer
indicated no one questioned the Governor on the fact that the Committee went beyond the executive
order and came up with a recommendation that is not about Child Welfare Services; rather, it is about
all of Human Services. She stated the Governor was questioned to some extent about the
demographics of the people on the Committee; however, he was very defensive and was unable to
explain it, and she added Karen Bye is interested in gaining control of the entire program at the State
level. In response to Commissioner Conway, Commissioner Kirkmeyer clarified the Governor indicated
there will be no bill done by the Governor's Office in 2010; however, that does not mean some other
Minutes, October 28, 2009 2009-2860
Page 2 BC0016
advocate group or other legislator may not go out and do it, and the Governor was very unclear on if or
when there will be legislation in 2011. Responding further to Commissioner Conway, Commissioner
Kirkmeyer stated the Governor did not really address the remaining 14 items, or whether they will
require legislation.
As a separate Commissioner Coordinator Report, Chair Garcia stated the Board conducted the first day
of Budget work sessions yesterday, and he commended Don Warden and associated staff for all of
their hard work to compile the information and comply with the direction given by the Board.
BIDS:
APPROVE BID #B0900155, CABLING FOR COMMUNITY CORRECTIONS BUILDING -
DEPARTMENT OF PHONE SERVICES: Susan Quick, Phone Services, stated this bid is for the
cabling and fiber in the Community Corrections Building. She stated H and H Data Services, Inc., has
done a lot of work for the County in the past, they submitted the low bid, in the amount of $26,555.93,
and she recommends approval. In response to Chair Garcia, Monica Mika, Director of Administrative
Services, confirmed the bid did come in below the budgeted amount. Commissioner Rademacher
moved to approve the low bid as recommended by staff. Commissioner Conway seconded the motion,
which carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CRS 53 AND 55: Janet Carter,
Department of Public Works, requested approval of a temporary closure to replace a 24 -inch culvert
with a 30 -inch culvert. She stated the average daily traffic count, taken in 2005 on County Road 52,
was approximately 75 vehicles per day; water spraying will be used for dust control on the detour route;
and standard closure signs and barricades will be used to direct traffic. In response to Chair Garcia,
Ms. Carter stated the Department typically only has four months in which to complete culvert projects
and not impede the irrigation season. She explained often the crews can complete the work during
inclement weather; however, if the work is delayed, she will bring the request back before the board for
a rescheduled closure date. Commissioner Conway moved to approve said temporary closure.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER EQUIPMENT PURCHASE PROPOSAL AND AUTHORIZE CHAIR TO SIGN -
DIVERSIFIED FABRICATORS, INC.: Wayne Howard, Department of Public Works, stated this matter
was presented to the Board one week ago and was subsequently referred back to staff to allow
adequate time to obtain finalized signed originals. He explained the Department recommends
purchasing a cement/soil stabilization piece of equipment which has been used successfully during the
past few years. He stated staff anticipates the purchase payout will be recovered within one
construction season. In response to Commissioner Rademacher, Mr. Howard stated the truck does not
get used a lot; however, the tanker loaded on the back is the primary piece of equipment.
Commissioner Rademacher moved to approve said purchase proposal and authorize the Chair to sign.
The motion as seconded by Commissioner Kirkmeyer and it carried unanimously.
CONSIDER WELD COUNTY YOUTH CONSERVATION CORPS GRANT AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE,
COLORADO AMERICORPS PROGRAM: Judy Griego, Department of Human Services, stated the
term of this agreement is from October 5, 2009, through October 4, 2010, to provide funding to the
Weld County Youth Conservation Corp, in the amount of $122,849.00. In response to Commissioner
Rademacher, Ms. Griego stated the grant is for a three-year period; however, the contracts are done
annually. Responding to Commissioner Conway, Ms. Griego stated the individual projects will be
reviewed by the Board in work session discussions, and they will all be Weld County specific.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Commissioner
Conway seconded the motion, which carried unanimously.
Minutes, October 28, 2009 2009-2860
Page 3 BC0016
CONSIDER AMENDMENT TO PURCHASE OF SERVICES AGREEMENT FOR BUILDING HEALTHY
MARRIAGES PROGRAM AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION
PROJECT, INC.: Ms. Griego stated this amendment will provide an increase in funds for the education
portion of the Healthy Marriages Program, to be paid with Federal Healthy Marriage Demonstration
Grant dollars, for a term beginning October 1, 2008, through September 30, 2009. Commissioner
Rademacher moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TWO PURCHASE OF SERVICE AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated this is for the fourth year of the Building Healthy
Marriages Program, which begins October 1, 2009, and ends September 30, 2010. She stated the first
agreement is with Community Mediation Project, Inc., which is the educational arm of the Building
Healthy Marriages Program, for a total sum of $353,305.00. She stated the second agreement is with
United Way of Weld County, which provides the basic communication and marketing for the Program,
for a total sum of $285,000.00. Commissioner Conway moved to approve said agreements and
authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, which carried
unanimously.
CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO
SIGN - CHARLES HOWARD, PH.D, MSPHARM: Ms. Griego stated under this agreement Charles
Howard will provide consultation and training services on behalf of the Department. For his services he
will be reimbursed a maximum of $10,000.00. In response to Commissioner Conway, Ms. Griego
stated if the funds are not fully used, they will be redirected back into the Child Welfare Administration
Fund. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER TWO PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the term of the agreement with BOCES is from
November 30, 2009, through November 29, 2010, to provide educational services for children with
disabilities, at a rate of $100.00 per hour, or $240.00 for non -eligible Head Start children. She further
stated the second agreement is with Dr. Mike Jones who will provide dental services for eligible Head
Start children, at an amount of $5.00 per child, for a term beginning August 28, 2009, and ending
June 3, 2010. Commissioner Rademacher moved to approve said agreements and authorize the Chair
to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - WELD
COUNTY SCHOOL DISTRICT 6: Ms. Griego stated under this agreement School District 6 will provide
meal services for the Head Start program for a term beginning September 25, 2009, and ending
June 3, 2010, at the rates as detailed in her memorandum. Commissioner Long moved to approve said
agreement and authorize Chair to sign. Commissioner Conway seconded the motion, which carried
unanimously.
CONSIDER AGREEMENT FOR PROVISION OF SERVICES AND AUTHORIZE CHAIR TO SIGN -
WELD COUNTY SCHOOL DISTRICT RE -3J: Ms. Griego stated the term of this agreement is from
September 1, 2009, through May 30, 2010, and Weld County School District RE -3J will provide
educational services and meal services at the rates shown in her memorandum. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which
was seconded by Commissioner Conway, carried unanimously.
CONSIDER DELIVERY SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN — THE
GREELEY GOPHER: Ms. Griego stated under this agreement the Greeley Gopher will provide courier
services and deliver meals to Head Start centers, for a term beginning September 25, 2009, and ending
Minutes, October 28, 2009 2009-2860
Page 4 BC0016
June 3, 2010, at a rate of $250.00 per week for nine months. Commissioner Long moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Kirkmeyer and it carried unanimously.
CONSIDER CONSULTANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF
NORTHERN COLORADO, COLLEGE OF NATURAL AND HEALTH SCIENCES: Ms. Griego stated
the term of this agreement will commence on November 1, 2009, and end on October 31, 2010. She
stated the University of Northern Colorado, College of Natural and Health Sciences, will provide hearing
screenings and audiology services at the various rates detailed in her memorandum, with a maximum
of $8,000.00 paid to the Regional Head Start Program, and a maximum of $4,000.00 for the Migrant
and Seasonal Head Start Programs. Commissioner Conway moved to approve said agreement.
Commissioner Rademacher seconded the motion, which carried unanimously.
CONSIDER TWO MEMORANDUMS OF UNDERSTANDING WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the New Horizons Christian Church and the
Summitview Community Church have agreed to provide Child Welfare services, in the amount of
$10,360.00 and $25,365.00, respectively, to be paid using TANF resources. Commissioner
Rademacher moved to approve said memorandums of understanding and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TERMINATION OF RETIREMENT HEALTH SAVINGS PLAN FOR WELD COUNTY
EMPLOYEES CREATED SEPTEMBER 15, 2008: Mr. Warden stated as a result of the 2010 Budget
review process, the Board examined all of the benefits and retirement programs in the County. He
stated, similar to most employers, the County has reviewed what types of legacy costs have been
created by some of these programs. He explained the Board made a major revision last year in
accordance with government accounting standards which required other post -employment benefits to
be valued on the financial statements starting in 2007. He stated the realization of the cost to provide
continued health insurance to retirees was shocking, therefore, it was decided to phase out providing
health insurance coverage to retirees over a period of five years so as to not impact individuals who
were within five years of retirement. He stated the Board then established a Retirement Health Savings
Plan, for those who were still eligible, to be evaluated on an annual basis as to whether it would
continue to be funded. Mr. Warden stated, in light of the current economic conditions and what is
happening in the market place, as well as taking Weld County's financial future into account for the next
two to five years, staff recommended that the Retirement Health Savings Plan be terminated this year
and to advise eligible employees that the option is no longer available. He stated the Plan was
structured to allow employees to make their own financial plans for up to ten years prior to their
retirement; however, based on his previous comments, this Resolution will terminate the plan and also
instruct the Treasurer to terminate the fund which is currently empty. He stated a letter has been
drafted which will be distributed to approximately 300 employees who will be impacted by this decision.
Commissioner Rademacher moved to approve said Resolution. Commissioner Kirkmeyer seconded
the motion, which carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2009-13, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Mr. Warden stated the proposed fee changes were reviewed yesterday
in the Budget work session, and he explained the changes shown on Appendix 5-B reflect a six percent
adjustment for bundled rates. He stated Appendix 5-D is a combination of various departmental fees,
and item #5 is being amended to change "Sheriff's Department" to "Sheriff's Office". He stated
item #16 clarifies that non -certified Motor Vehicle Identification Number Inspections will cost $12.00,
rather than being dependent on where the inspection is conducted. He indicated item #20 adds a
$10.00 co -payment to be paid by the inmates using their commissary funds for prescriptions that are
filled or refilled. He stated the intention is to help defer some of the costs, since the County is currently
Minutes, October 28, 2009 2009-2860
Page 5 BC0016
paying approximately $2.8 million for inmate medical costs, and the Sheriff feels it may help deter
certain inmates from over -utilization of the medical services. Mr. Warden stated item #30 clarifies the
$100.00 fee will be charged per event, versus per day. He stated Appendix 5-G contains the GIS rates,
some of which are being lowered to reflect actual costs of the products being generated by new
equipment. Mr. Warden stated Appendix 5-H details the various liquor rates, and the Clerk to the
Board staff is recommending the Board increase the renewal and new application fees to be consistent
with the maximum allowed by the State. He stated Commissioner Rademacher previously expressed
concern with increasing fees simply because it is allowed and requested the actual cost be researched.
Mr. Warden stated in most of the cases the fees do not cover the cost for the amount of time the Clerks
spend assisting applicants, Commissioner inspections, nor the involvement of staff from the Sheriff's
Office, County Attorney's Office, and the Departments of Planning Services and Public Health and
Environment. In response to Commissioner Conway, acting Clerk, Esther Gesick, indicated the fees
were increased within the past six months to a year and are posted on the Department of Revenue
website. Mr. Warden stated the only change on Appendix 5-J for Land Use Application fees is under
item #7 which lists the $75.00 fee for Change of Use Zoning Permits if the mobile home is existing. He
stated Appendix 5-L is updated annually to reflect the $10,000.00 threshold for the sealed bid process
established in the Home Rule Charter, and Appendix 5-O has been added to reflect all of the Criminal
Justice Retrieval fees which are consistent for both the Greeley Police Department and Weld County
records. Commissioner Rademacher stated he will support the Ordinance on First Reading; however,
he requested further discussion in a work session prior to the next reading. In response to Mr. Warden,
Commissioner Rademacher requested additional background information regarding the actual costs for
the proposed liquor and planning fee increases. No public testimony was offered concerning this
matter. Commissioner Long moved to approve Code Ordinance #2009-13 on First Reading.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #366 - OCON GROUP, LLC: Chris Gathman, Department of Planning Services, stated staff
supports the request to release the collateral, originally posted in the amount of $60,700.00. In
response to Chair Garcia, Mr. Gathman stated the project has been withdrawn; however, there is an
amendment under review, which is a totally different project and requires a separate Improvements
Agreement and collateral. The Board indicated their information shows collateral in the amount of
$83,700.00, and Mr. Gathman stated he was not provided with the revised memo and, upon review, he
confirmed the amount to be released is $83,700.00, which includes an additional $20,000.00 posted
with a Bond Change Rider. In response to Commissioners Kirkmeyer and Conway, Mr. Gathman
stated the collateral was submitted as a condition of approval for the Site Plan Review; however, the
entire project was later withdrawn by the applicant, and the collateral has been inadvertently held since
2006, although the original Site Plan no longer exists. Responding to Commissioner Kirkmeyer,
Mr. Barker recommended staff include a letter in the file indicating the approval is dismissed, and he
added any future proposals on the property will need to go through a separate Site Plan Review
process. Mr. Gathman stated the file does contain an e-mail, dated March 2, 2006, from the
Department to the applicant's representative requesting a signed original letter addressing the
withdrawal. He also assured the Board that he will work with the current case Planner, Kim Ogle, to
ensure a letter is included in the file indicating that staff has withdrawn the approval of Site Plan
Review #366. Commissioner Conway moved to continue the cancellation request to November 2,
2009, to allow adequate time for Planning Services staff to draft a letter to be included in the file
indicating that as a result of the applicant's withdrawal request in 2006, the original staff approval of
Site Plan Review #366 is not longer valid and is withdrawn. Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
Minutes, October 28, 2009 2009-2860
Page 6 BC0016
CONSIDER APPOINTMENT OF TREVOR JIRICEK AS DIRECTOR OF THE DEPARTMENT OF
PLANNING SERVICES: Commissioner Rademacher moved to appoint Trevor Jiricek as the Director of
the Department of Planning Services. Commissioner Kirkmeyer seconded the motion, which carried
unanimously. Trevor Jiricek stated he is honored by the Board's confidence, he looks forward to
working with the individuals in the Department, and he will work hard to do a good job.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2009-13 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.
There being no further business, this meeting was adjourned at 10:20 a.m.
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk to the
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Ga�'Cia, Chair
ademach-r, Pro-Tem
Minutes, October 28, 2009 2009-2860
Page 7 BC0016
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