HomeMy WebLinkAbout20092523.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 23, 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, September 23, 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, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of September 21, 2009, as printed. Commissioner Long 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 Long seconded the motion, and it carried unanimously.
PROCLAMATIONS:
COMMEMORATION OF DEARFIELD'S HISTORY AND PRESERVATION EFFORTS - SEPTEMBER 27,
2009: Chair Garcia read the certificate into the record, proclaiming September 27, 2009, the
Commemoration of Dearfield's History and Preservation Efforts. He stated he and Commissioner Conway
will attend the celebration on September 27, 2009, from 1:00 p.m. to 5:00 p.m., and he invited everyone
from the community to attend the event. Commissioner Rademacher commended Chair Garcia for the
time he invested into this commemoration. Commissioner Conway concurred with Commissioner
Rademacher and commended Chair Garcia for his leadership.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2009-2523
BC0016
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NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR HEAD START BASIC TRAINING AND
TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director,
Department of Human Services, stated the application was reviewed at a work session conducted on
September 22, 2009, and it is for Calendar Year 2010. Ms. Griego stated the total funding being requested
for the Regional Head Start Program is in the amount of $3,230,407.00, for the enrollment of 562 children.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR MIGRANT AND SEASONAL HEAD
START BASIC TRAINING AND TECHNICAL ASSISTANCE GRANT AND AUTHORIZE CHAIR TO SIGN:
Ms. Griego stated the application was reviewed at a work session conducted on September 22, 2009, and
it is for Calendar Year 2010. She stated the total funding being requested for the Migrant and Seasonal
Head Start Program is in the amount of $ 1,671,164.00, for the enrollment of 180 children. Commissioner
Conway moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR RENEWAL OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR
TO SIGN - J. MONTES, INC., DBA EL RODEO NIGHT CLUB: Deputy Glen Cowan, Sheriff's Office,
stated the only concern he noted is the security personnel have been observed carrying hand guns on their
belts and he is not aware of how much training regarding weapon retention the security personnel have
been provided. In response to Commissioner Rademacher, Mr. Cowan stated he does not know if the
security personnel are certified officers. Chair Garcia inquired as to whether there are other armed security
personnel at other establishments in the County. Mr. Cowan indicated he can only speak for District 2,
since it is the district he serves, and he is not aware of any other establishments in the District with armed
security personnel. In response to Commissioner Conway, Mr. Cowan indicated District 2 encompasses
the southern portion of the County and includes the Towns of Firestone, Frederick, Johnstown, Milliken,
and Erie. Commissioner Kirkmeyer inquired as to whether Mr. Cowan has any other concerns regarding
the business operations. Mr. Cowan stated he does not have any other concerns regarding the
establishment, and very few complaints or calls for service have been received for the establishment.
Alex Orozco, Director of Alex Orozco Security, stated there was a misunderstanding regarding the matter;
there was a training conducted on the day the hand guns were observed; however, the guns were plastic
training tools and not actual hand guns. Mr. Orozco stated the security personnel were supposed to return
the training tools when the training was complete; however, some individuals chose to wear them on their
belts until Mr. Orozco arrived to retrieve the training tools. He stated it was poor judgment for the
individuals to wear the tools on their hips; however, they did not want to leave them unattended in the bar.
He further stated his employees carry firearms within Weld and Adams Counties; however, there are no
firearms carried in this establishment. In response to Chair Garcia, Mr. Orozco stated the security
personnel at the establishment carry mace, night sticks, radios, and handcuffs; however, they do not carry
firearms. Commissioner Rademacher stated there is no law preventing anyone from wearing a firearm
in plain view. Mr. Barker concurred with Commissioner Rademacher; it is not illegal to carry a firearm, as
long as it is not concealed. In response to Commissioner Conway, Mr. Orozco reiterated the security
personnel attended a training the same day as people perceived them as carrying hand guns, and the
security personnel who work at this establishment do not work at any other establishments. In response
to Commissioner Rademacher, Mr. Orozco stated the security personnel are not certified officers; however,
they are certified security guards and they receive training from Anthony Antuna, a UNC police officer, and
the firearm training is conducted by Jim Torrez, who was the Chief of Police for the Town of Frederick.
Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded
by Commissioner Kirkmeyer, the motion carried unanimously.
Minutes, September 23, 2009 2009-2523
Page 2 BC0016
CONSIDER QUIT CLAIM DEED FOR ACQUISITION OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 386 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - LOST
CREEK LAND AND CATTLE COMPANY: Leon Sievers, Department of Public Works, stated this item
concerns a segment of County Road 386, also known as Painter Road, which is located south of 1-76, east
of the Town of Hudson. He stated approximately one mile of County Road 386 was relocated in the 1940s
and a small segment of that section was relocated again in 1953. He stated a title search produced no
right-of-way documents. Mr. Sievers stated the owner wants to develop the area and grant the right-of-way
to Weld County; therefore, the owner is granting a quit claim deed to correct the oversight, at no cost to
the County. Commissioner Rademacher inquired as to whether the County has been maintaining this
section of roadway. Mr. Sievers stated the County has not been maintaining this section of the road;
however, the road needs to be utilized to access the other segments of 386; therefore, the County has
plowed snow on it, and the road has been maintained up to County standards. Commissioner
Rademacher moved to approve said quit claim deed and authorize the Chair to sign any necessary
documents. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING DONATION OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND ACCEPTANCE OF DEED OF DEDICATION AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - ZEILER FARMS, INC.: Mr. Sievers stated this is the fifth parcel
to be acquired for the Larimer-Weld County Joint Venture Project on County Road 13, and the property
is located on the east side of County Road 13 and north of U.S. Highway 34. He stated the landowner is
donating 7,000 square feet of right-of-way to Weld County. Commissioner Conway stated it is a generous
donation and he inquired as to why the landowner is willing to donate the right-of-way. Mr. Sievers stated
there is a development being constructed, and the landowner is interested in donating the right-of-way for
a tax advantage. Commissioner Kirkmeyer stated Item #8 in the agreement acknowledges the right-of-way
is a donation and it is not required to be donated to the Town of Windsor as a condition of approval for the
annexation of Zeiler Farms, Inc.; therefore, it seems to be a situation in which the developer will be
required to donate the right-of-way later, if it is not done now, and donating the right-of-way will provide
the developer with a tax advantage. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER COLORADO EMS PROVIDER GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN:
Dave Bressler, Director, Weld County Paramedic Service, stated the grant opportunity is the result of a
Senate Bill being passed and additional Highway User Tax Funds (HUTF) being granted to the State
Emergency Medical Services Department. Mr. Bressler stated there is a very limited time frame to apply
for the grant because the funds must be encumbered and spent by June 30, 2010. He indicated the
Department is applying for one more vehicle, which would allow a total of three vehicles to be in the cycle
for the Fleet Replacement Program. He stated the Department is also applying for a Tank Boss System.
He stated the Board approved the purchase of power cots approximately a year and a half ago, in order
to assist the paramedics with moving large people, and the Tank Boss System is used for the same
purpose; however, it does not require any large oxygen bottles as the power cots do; therefore, injuries
from heavy lifting will be reduced. In response to Commissioner Rademacher, Mr. Bressler clarified there
will be a 50 percent County cash match for the vehicle; however, the State will cover 75 percent of the cost
for the Tank Boss System, since it is a safety item. Further responding to Commissioner Rademacher,
Mr. Bressler stated the grant request is for approximately $100,000.00; therefore, the County match will
be approximately $50,000.00, which is available in the budget.
Don Warden, Director of Finance and Administration, stated the Board approved the Fleet Replacement
Program for the ambulances last December, and this is a part of the Program, and it was anticipated the
County would have to pay the full cost for the replacement vehicle; therefore, half of the amount allotted
for the vehicle will not be utilized. In response to Commissioner Rademacher, Mr. Warden stated the fleet
size will not increase; one the units will simply be replaced. In response to Mr. Warden, Commissioner
Minutes, September 23, 2009 2009-2523
Page 3 BC0016
Kirkmeyer indicated the total amount being requested in the application is $108,280.00. She stated during
the strategic planning session, the Board discussed utilizing these grant funds for fleet replacement, and
the State Department of Health is interested in awarding the grant funds as quickly as possible; therefore,
the County should apply for as much of the available funding as it can. Commissioner Kirkmeyer moved
to approve said application and authorize the Chair to sign. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER APPOINTMENT OF PRIVACY OFFICER UNDER HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT: Monica Mika, Director of Administrative Services, stated Sterling Geesaman,
Sheriff's Office, was the appointed Privacy Officer, and it is recommended that Nancy Kroll, Sheriff's Office,
be appointed to said position. Ms. Mika stated the changes to the Health Insurance Portability and
Accountability Act (HIPAA) will be discussed with the Board at a work session. In response to
Commissioner Kirkmeyer, Mr. Bressler stated medical identity theft will be one of the items addressed at
the work session. Commissioner Rademacher moved to appoint Nancy Kroll as the Privacy Officer under
the Health Insurance and Accountability Act. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER DELEGATION OF AUTHORITY FOR E -GRANT SUBMITTAL: Barb Connolly, Controller,
stated the Resolution will delegate herself, Esther Gesick, Deputy Clerk to the Board, and Monica Mika to
be able to electronically submit grant application materials. Chair Garcia inquired as to whether the
delegates will only be able to submit grant applications for specific departments. Ms. Connolly stated the
delegates would be able to submit the materials for any department. Commissioner Conway moved to
delegate the authority to Ms. Gesick, Ms. Mika, and Ms. Connolly to be able to electronically submit grant
applications. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY
WELD COUNTY, COLORADO - E1/2, S21, T7N, R63W: Mr. Barker stated this is a request for a six-month
extension, in the amount of $43,520.00, from October 3, 2009, through April 3, 2010. He stated there is
one six-month extension allowed, pursuant to policy. Commissioner Long moved to extend said lease from
October 3, 2009, to April 3, 2010. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ACCEPTANCE OF EQUIPMENT FOR 2009 HOMELAND SECURITY GRANT: Roy Rudisill,
Office of Emergency Management, stated this grant was discussed at a work session conducted on
September 14, 2009. Mr. Rudisill stated there was a misunderstanding regarding the environmental
stabilization water purification system for the Department of Public Health and Environment; he indicated
it was to be placed on a trailer; however, the equipment is designed to be placed in the back of a pickup
or van; therefore, it is more user friendly than he anticipated. He stated the total cost of the equipment will
be $216,385.00, and the equipment will be distributed to various departments, including the Department
of Human Services, the Department of Public Health and Environment, and the Sheriff's Office. In response
to Chair Garcia, Mr. Rudisill stated the environmental stabilization water purification system will be easier
to store than was anticipated; however, the annual cost will be the same. Commissioner Kirkmeyer inquired
as to whether there are changes regarding the equipment for the Type III Eastern Colorado Incident
Management Team (ECIMT), since there were changes previously discussed. Mr. Rudisill clarified this
equipment is not the same ECIMT equipment which was discussed at the work session Commissioner
Kirkmeyer is recalling; that was equipment from the Department of Agriculture. Commissioner Rademacher
inquired as to whether the National Institute of Occupational Safety and Health (NIOSH) gas masks must
be purchased or whether any other equipment may be purchased instead of the gas masks. Mr. Rudisill
stated the County is not authorized to purchase any equipment other than what the grant application
specifies, and the money allocated for the gas masks cannot be used to purchase any other equipment.
Commissioner Rademacher stated he is concerned regarding the Sheriff's Office deputies using the masks,
since they have to wait for the fire department to be on the scene in order to provide the oxygen bottle, and
Minutes, September 23, 2009 2009-2523
Page 4 BC0016
he thinks the fire department should be handling matters requiring masks; not the Sheriff's Office. Mr.
Rudisill stated the masks include a filtering system. Commissioner Rademacher indicated the filtering
system is the same as the existing masks and the only difference is that oxygen can be used with the new
masks. Mr. Rudisill stated the new masks have upgraded standards and the old masks are not NIOSH
approved. Commissioner Kirkmeyer stated she concurred with Commissioner Rademacher on this matter
during the work sessions; however, the Board did not tell Mr. Rudisell he could not submit the grant
application; therefore, it is too late to make changes at this point, since the grant application has already
been approved. Commissioner Rademacher indicated he will support the grant, as long as his concerns
are on the record. Commissioner Kirkmeyer stated she continues to share Commisioner Rademacher's
concern. Mr. Rudisill stated he will make certain the officers receive the necessary training. Commissioner
Conway indicated he remembers expressing a concern regarding providing a false sense of security to the
individuals equipping the masks. He stated there are properly trained personnel available to handle toxic
situations. He further stated the time to address the gas masks was at the work session, prior to the
application being submitted, and the Board should have been more inquisitive at that time. Commissioner
Conway stated it is important that the training stress the gas masks are only to be utilized when it is
appropriate for the Sheriff's Office to be involved with a particular situation. Commissioner Long stated he
does not have an issue with the masks, and the Sheriff's Office already possesses masks; however, the
existing masks are not the best available equipment; therefore, these masks will be an upgrade to the
existing equipment. Chair Garcia stated the quality and condition of the existing masks were discussed at
both of the work sessions, and it was determined the existing masks need to be replaced. Commissioner
Long moved to approve the acceptance of said equipment. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO NOXIOUS WEED MANAGEMENT
ADVISORY BOARD: Commissioner Kirkmeyer moved to appoint David Droegemueller, Toby Kirsch, and
Kristine Meiring to the Noxious Weed Management Advisory Board; and to reappoint Doug Printz and
Robert Sencenbaugh to said Board. Seconded by Commissioner Rademacher, the motion carried
unanimously.
PLANNING:
CONSIDER VACATION OF CHANGE OF ZONE, PZ #521 - CAPFINANCIAL PROPERTIES, CV2, LLC:
Kim Ogle, Interim Director, Department of Planning Services, stated staff requested a written request to
vacate Change of Zone, PZ #521. Mr. Ogle stated the property went into foreclosure under the previous
ownership and the new owner has no desire to pursue the Planned Unit Development (PUD) application.
Commissioner Rademacher inquired as to whether any of the fees are reimbursed to the applicant in
situations like these. Mr. Ogle stated the fee is non-refundable. Commissioner Rademacher moved to
vacate Change of Zone, PZ #521. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT #1120 - CAPFINANCIAL
PROPERTIES, CV2, LLC: Mr. Ogle stated the current owner of the property is seeking to vacate Use by
Special Review Permit #1120. Commissioner Long moved to approve said partial vacation of Use by
Special Review Permit #1120. Seconded by Commissioner Kirkmeyer, 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.
Minutes, September 23, 2009 2009-2523
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
ATTEST:
Mid)
Weld County Clerk to the Bo
BY:
Deputy Clerk the Board
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD COU1 Y, COLORADO
William F. Garcia, Chair
or) x -c
Douglaadema ererr,, Pro-Tem
a Kirkmeyer
Minutes, September 23, 2009 2009-2523
Page 6 BC0016
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