HomeMy WebLinkAbout20092479.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 16, 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 16, 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 - EXCUSED
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 14, 2009, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Delmar Eikenburg, Weld County resident, stated he spoke to the Board approximately
one month ago in order to request that the County address an issue concerning standing water on the west
side of County Road 15, and he was told someone would contact him to follow up on the matter; however,
nobody has done so. Mr. Eikenburg indicated that Commissioner Conway asked him whether the location
is within the Town of Windsor and he confirmed that it is; however, he did not clarify whether the Board
will assist him because the issue is within the Town of Windsor. Commissioner Long stated it is the
responsibility of the Town of Windsor; however, the County can pressure the Town to take action. In
response to Mr. Eikenburg, Commissioner Long stated the Board contacted the Department of Public
Works immediately after the meeting that Mr. Eikenburg spoke at, and staff indicated it was going to
contact the Town of Windsor regarding the matter. Commissioner Rademacher stated that Commissioner
Kirkmeyer e -mailed the Director of the Department of Public Works, Pat Persichino, regarding the matter
during Mr. Eikenburg's testimony at the meeting; therefore, he is surprised neither the County nor the Town
of Windsor has followed up with him. Commissioner Long stated staff from the Department of Public
Works traveled to the area in order to view the location and he assumes staff has been working with the
Town of Windsor concerning the matter, and he will follow up with the Department of Public Works on the
matter immediately after the Board meeting. Chair Garcia indicated an employee of the Department of
Public Works is present and may be able to provide an update on the matter.
2009-2479
/07 V/o7
BC0016
Janet Carter, Department of Public Works, stated that David Bauer, Department of Public Works, traveled
to the site and he has been in contact with Dennis Wagner, Engineer for the Town of Windsor. Ms. Carter
indicated she is unsure if Mr. Bauer has Mr. Eikenburg's contact information, which is perhaps why
Mr. Bauer has not contacted Mr. Eikenburg; however, he has been discussing the drainage issue with the
Town of Windsor. She stated this an issue the Department was aware of prior to Mr. Eikenburg's
testimony and that it has been working to resolve, and Mr. Bauer has written a letter to the Town of
Windsor regarding the matter. Commissioner Rademacher requested that Ms. Carter and Mr. Eikenburg
exchange their contact information. Commissioner Conway stated the Board indicated it would follow up
with Mr. Eikenburg in the last meeting he attended; therefore, it is important that Commissioner Long, if
he is the Board member who is investigating the matter, follow up directly with Mr. Eikenburg to advise him
of the actions which have been taken in the last month. Mr. Eikenburg stated it took two years for the
Town of Windsor to respond to him regarding the matter, at which point it sent a letter, and he indicated
that he provided his contact information to the Board at the last meeting he attended. Chair Garcia
apologized for the miscommunication and he thanked Mr. Eikenburg for bringing the matter to the Board.
He stated Mr. Bauer will contact Mr. Eikenburg regarding the matter.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - RONNELLA RISSLER: Chair
Garcia read the certificate into the record, recognizing Ronnella Rissler for four years of services on the
Workforce Development Board. He stated Ms. Rissler was a great asset on the Workforce Development
Board. Commissioner Conway stated Ms. Rissler was an outstanding member of the Workforce
Development Board, she made a number of valuable contributions, and her service is appreciated.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the U.S. Highway 85
Coalition meeting in the Town of LaSalle last week was very productive, and the process is moving
forward. He stated there continues to be a high level of participation from all of the communities and the
Coalition is moving forward with developing a long term plan.
He further stated he and Commissioner Kirkmeyer attended a Bull's Eye Mayors' meeting on Monday
night, which was very productive, and all of the communities were represented except the Town of LaSalle.
He stated Ed Clark, Mayor, City of Greeley, was among those in attendance at the meeting.
Commissioner Conway stated transportation matters were discussed and an intergovernmental agreement
was distributed to all of the attendees to provide to their respective city councils and staffs.
OLD BUSINESS:
CONSIDER STATEMENT OF GRANT AWARD FOR NORTHERN COLORADO REGIONAL FORENSIC
LABORATORY AND AUTHORIZE CHAIR TO SIGN (CON'T FROM 9/9/09): Matt Jorgenson, Director,
Greeley/Weld County Crime Laboratory, stated he applied for a grant earlier in the year for equipment for
the Chemistry Department and he was awarded half of the amount he applied for, and he is requesting
the Board approve the Statement of Grant Award (SOGA) for the Northern Colorado Regional Forensic
Laboratory. Mr. Barker indicated the grant application was approved by the Board and it is now being
asked to accept the grant award. He stated perhaps the Board could alter the protocol to allow the Chair
to sign SOGAs without the matter being presented at a Board meeting, since the Board has previously
approved the grant application. Mr. Barker stated the Sheriff's Office did not provide a representative to
attend the last meeting because the application had been approved and it was not understood that a
representative needed to attend the meeting. Mr. Jorgenson concurred with Mr. Barker and indicated the
same problem occurred with a grant the Crime Laboratory applied for last year. Chair Garcia inquired as
to whether the Northern Colorado Regional Forensic Laboratory will only be able to purchase some of the
Minutes, September 16, 2009 2009-2479
Page 2 BC0016
items it needs and will have to delay purchasing the remaining items, as a result of only half of the
requested grant amount being awarded. Mr. Jorgenson stated the full amount requested was for Liquid
Chromatography/ Mass Spectrometry (LC/MS) technology; however, since only half of the requested grant
amount was awarded, he located two shelved LC/MS units at a pharmaceutical company in the City of
Boulder and transferred them to the Regional Crime Laboratory; therefore, he will use the grant award and
the two units from the pharmaceutical company to create one complete piece of equipment and for the
training to operate it. He stated if he is unable to create or obtain the complete unit and the training, the
grant award will be declined. Commissioner Conway moved to approve said Statement of Grant Award
and authorize the Chair to sign, with the condition that if the Northern Colorado Regional Forensic
Laboratory is unable to create or obtain a complete LC/MS unit, the grant award will be declined.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AGREEMENT FOR ON -SITE FLU VACCINATIONS AND AUTHORIZE CHAIR TO SIGN -
WORKWELL OCCUPATIONAL MEDICINE (CON'T FROM 9/14/09): Patti Russell, Director, Department
of Human Resources, stated the changes that the Board requested have been made to the agreement and
are reflected in Appendix A. Ms. Russell stated the County is purchasing 850 vaccinations and supplies
from Workwell Occupational Medicine; however, it will not be administering the shots; the Weld County
Paramedic Service will do so, and the supplies will be stored by the Department of Public Health and
Environment. Commissioner Rademacher inquired as to what the total cost will be. Ms. Russell stated
the County is purchasing 850 vaccinations, at a cost of $15.00 each. Commissioner Conway stated the
total will be approximately $12,000.00. In response to Commissioner Rademacher, Ms. Russell stated the
cost will be paid from the Wellness Budget. Responding to Commissioner Rademacher, Mr. Warden
stated the budget was determined last year. Responding to Commissioner Rademacher, Ms. Russell
stated the vaccinations are only for Weld County employees, there is no cost to them, and the vaccinations
are not required of them. In response to Commissioner Conway, Ms. Russell stated 724 vaccinations were
administered last year; the vaccinations will be administered on a first -come, first -served basis; and after
the 850 vaccinations have been administered, there will not be any more available this year.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDERAMERICORPS SUPPLEMENTAL FUND AWARD FOR YOUTH CONSERVATION FUND AND
AUTHORIZE ELECTRONIC SUBMITTAL: Judy Griego, Director, Department of Human Services, stated
the Board originally received this grant at a work session conducted on November 5, 2008, and there was
a subsequent amendment, which was presented at the work session conducted on July 14, 2009.
Ms. Griego stated the amendment decreased the amount of the funding; however, the State has received
additional supplemental funding for the Program since then; therefore, the funding will be increased almost
to the initial amount requested. She stated the Weld County Youth Conservation Corps (WCYCC) will
receive an additional $64,134.00, for a total of $186,983.00 in federal funds, and the supplemental funding
will allow the WCYCC to increase its number of full-time members from 10 to 15. In response to Chair
Garcia, Mr. Warden stated the Board passed a Resolution authorizing the Clerk to the Board's Office to
conduct the electronic submittal. In response to Commissioner Conway, Ms. Griego stated the term of the
funding will commence October 1, 2009, through September 30, 2009, and it is the first year of a
three-year grant period. Commissioner Rademacher moved to approve said award and authorize
electronic submittal. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 55 BETWEEN CRS 70 AND 72: Ms. Carter stated the
closure will commence September 21, 2009, through September 25, 2009, and is for the purpose of
replacing two culverts. She stated the average daily traffic count is 54 vehicles, according to a 2008 traffic
count, and magnesium chloride will be used for dust control on the detour route. She stated road signs
and barricades will be used to advise drivers of the closure. Chair Garcia inquired as to whether staff
Minutes, September 16, 2009 2009-2479
Page 3 BC0016
replaces rusted culverts with metal or concrete pipes. Ms. Carter stated typically rusted culverts are
replaced with new pipes; however, in this case, the culverts are being removed in order to complete a
Recycled Asphalt Project (RAP) and the culverts will not be replaced. Commissioner Rademacher moved
to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 79 BETWEEN CR 16 AND SH 52: Ms. Carter stated the
closure will commence September 21, 2009, through September 25, 2009, in order to replace an 18 -inch
storm drainage pipe with a 36 -inch corrugated metal pipe. She stated there will be no dust control
measures needed because the detour route is paved. In response to Commissioner Conway, Ms. Carter
stated there has not been a traffic count conducted for County Road 79; however, it is likely low. Further
responding to Commissioner Conway, Ms. Carter stated the reason the average daily traffic count is
considered in relationship to road closures is because it is a factor in determining whether or not dust
abatement measures will occur; however, the detour route for this closure is entirely on paved roads;
therefore, no dust abatement is necessary. Commissioner Rademacher moved to approve said temporary
closure. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT CONTRACT FOR CR 74 PAVING
PROJECT AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director of Administrative Services,
requested the Board consider the grant concerning County Road 74, prior to considering the agreement
to purchase right-of-way for improvements to County Road 74. Commissioner Conway moved to consider
Item of Business #6 at this time. Commissioner Long seconded the motion, which carried unanimously.
Ms. Mika stated the grant is in the amount of $600,000.00, and she submitted a map, marked Exhibit A,
into the record reflecting two different projects on County Road 74. She stated the first is the Mill Overlay
Project for two miles of County Road 74, and $620,000.00 in stimulus funding has been awarded for the
Project; however, the County Road 74 Improvements Project is the one being considered today for four
miles of County Road 74. She stated funding, in the amount of $715,000.00, was requested for the
Project; however, $600,000.00 was awarded; therefore, the local cash match will be $755,000.00. In
response to Commissioner Rademacher, Ms. Mika stated the local cash match was figured into this year's
budget. In response to Commissioner Conway, Ms. Mika clarified the County requested $715,000.00;
however, only $600,000.00 was awarded, and the total cost of the project will be approximately
$1,491,000.00. Commissioner Conway stated the County is responsible for $891,000.00, if $600,000.00
is the amount of the grant award and the total cost is $1,491,000.00.
Don Warden, Director, Finance and Administration, stated the estimate may include the engineering costs.
Ms. Mika confirmed there are engineering costs included in the estimate. Mr. Warden clarified the actual
project cost is approximately $1,315,000.00 because the engineering portion is not funded; however, the
engineering cost is included in the grant application. In response to Commissioner Conway, Ms. Mika
clarified the County budgeted for the County Road 74 Mill Overlay Project and the County Road 74
Improvements Project each separately; however, both projects were initially presented to the Board
together. Commissioner Rademacher moved to approve said contract and authorize Chair to sign.
Seconded by Commissioner Long the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 74 AND AUTHORIZE CHAIR TO SIGN - WAHLERT LAND AND LIVESTOCK,
LLC: Leon Sievers, Department of Public Works, stated the agreement is to purchase right-of-way for the
County Road 74 Improvements Project. Mr. Sievers stated the property is located on the northeast corner
of County Roads 65 and 74, and the County is acquiring 1.62 acres of right-of-way for $500.00, which is
the minimum amount the County pays to acquire right-of-way, and there are no other costs associated with
acquiring the right-of-way. In response to Commissioner Conway, Mr. Sievers stated the land owner is
very excited about the Project. Responding to Commissioner Rademacher, Mr. Sievers stated the County
Minutes, September 16, 2009 2009-2479
Page 4 BC0016
will be replacing the fencing with similar fencing. Commissioner Long moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER REVISIONS TO BYLAWS FOR SICK LEAVE BANK GOVERNING BOARD: Bruce Barker,
County Attorney, stated there are some changes to the bylaws for the Sick Leave Bank Governing Board,
which include adding the last sentence to Article III, Section 2, to correct a term limit timing issue.
Mr. Barker stated similar language has been added periodically to various bylaws due to the timing of the
terms being affected by members retiring. He stated the names can be removed from the section, or the
section can be entirely removed, when it is no longer necessary. He further stated there is a change to
correct the numbering, since previously there were two sections numbered as Section 4, and there is a
sentence being added to Article 6, Section 6, to state, "Release of information to unauthorized persons by
any member of the Board, upon confirmation shall result in immediate dismissal from the Board."
Mr. Barker stated the Sick Leave Bank Governing Board recommends the three aforementioned changes
be made to the bylaws. Chair Garcia inquired as to whether the first proposed change, which identifies
the names of the members, may be altered to identify the positions, rather than the names; therefore, the
names will not need to be removed at a later date. Mr. Barker stated the idea was considered; however,
the terms apply specifically to those people, rather than the position. He stated the language needs to
convey that the terms for the people specified will end on a specific date, after which time, the terms will
be correctly spaced again. He reiterated it has been necessary to add similar language to other bylaws
before, and then the language was later eliminated. In response to Commissioner Conway, Mr. Barker
stated sometimes the language has been left in the by-laws to retain the record of how the term timing was
restored. In response to Commissioner Rademacher, Mr. Barker stated the proposed change to Article 6,
Section 6, is primarily due to the Health Insurance Portability and Accountability Act (HIPPA).
Commissioner Rademacher moved to approve said revisions to the bylaws for the Sick Leave Bank
Governing Board. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR MINOR SUBDIVISION
FINAL PLAN, MF #1081 - GOLD STONE CENTER, LLC, C/O WALTER HUANG: Brad Mueller,
Department of Planning Services, stated the site is a subdivision located between the Towns Nunn and
Pierce, all of the improvements have been completed, and the owner is requesting the release of the
majority of the collateral, in the amount of $40,170.52. Mr. Mueller stated a replacement Irrevocable Letter
of Credit has been received for the warranty period, in the amount of $7,089.00.
In response to Commissioner Rademacher, Rich Hastings, Department of Public Works, stated the site
is located on County Roads 94 and 29, southwest of the Town of Pierce, and the major improvements were
to the roadway and a culvert on County Road 29. Mr. Hastings stated there was no retention pond
necessary. Commissioner Rademacher inquired as whether the roadway improvements included any
improvements to County Road 29. Mr. Hastings stated the only improvement related to County Road 29
is potable water was connected from the west side of it. In response to Commissioner Rademacher,
Mr. Hastings stated the County does not have any maintenance responsibilities within the subdivision; the
subdivision will be privately maintained. Commissioner Conway inquired as to how the County is protected
regarding Irrevocable Letters of Credit when a financial entity is no longer conducting business. Mr. Barker
stated the situation has occurred twice that he is aware of, most recently with New Frontier Bank, and
Stephanie Arries, Assistant County Attorney, investigated the matter with the Federal Deposit Insurance
Corporation (FDIC), which indicated the County cannot rely on the banks to maintain the lines of credit;
however, the bank is responsible for the money. He stated the County has instituted a new process to
follow up on all of the existing Irrevocable Letters of Credit on a yearly basis, to ensure the Irrevocable
Letters of Credit are still in effect. In response to Commissioner Conway, Mr. Barker stated the money is
not available to cover the Irrevocable Letters of Credit from New Frontier Bank. Commissioner Conway
stated if the Board accepts the terms of an Irrevocable Letter of Credit with a financial institution and it
Minutes, September 16, 2009 2009-2479
Page 5 BC0016
closes, the Board does not have the intended security; therefore, it may behoove the County to reconsider
accepting Irrevocable Letters of Credit as collateral. He stated he does not want to make it more difficult
for people to provide collateral; however, more than 40 banks have been closed by the FDIC and he is
concerned about securing the tax payers' funds, since there will likely be more financial institutions closed.
Commissioner Conway indicated he will support the partial cancellation and release of collateral being
considered today, as it is within the existing rules; however, in light of the current economic situation, the
Board needs to evaluate the accepted forms of collateral. Mr. Barker stated he and Ms. Arries met with
staff from the Departments of Public Works and Planning Services after the situation with New Frontier
Bank occurred, and they investigated how other counties are responding to the economic situation. He
stated all of the counties are considering the same issue, and the alternatives to Irrevocable Letters of
Credit are cash deposits in escrow accounts or deeds of trust on properties; however, many developers
do not have enough cash available to provide a cash deposit as collateral, the deeds of trust are a problem
because most of the available lots are not selling at this time, and the escrow accounts have been
problematic for the County. He stated other counties suggested the idea of checking on the Irrevocable
Letters of Credit each year, and Ms. Arries drafted a letter which is being sent out to the banks the County
has Irrevocable Letters of Credit with, and if there is not a response, she will visit the banks in person. Mr.
Barker suggested scheduling a work session to discuss the matter. Commissioner Conway stated the
developer, in this case, is doing everything correctly; however, he is concerned regarding the Irrevocable
Letters of Credit, since he anticipates more banks will go out of business. He commended the County
Attorney's Office for investigating the matter. Chair Garcia stated the discussion has been regarding the
collateral process, and it is not related specifically to this developer or bank. Commissioner Conway
concurred. Mr. Hastings stated he and Ms. Arries met with the FDIC at New Frontier Bank, which indicated
the only solid form of an Irrevocable Letter of Credit is one that is backed by a cash deposit. He stated
one of the developers who had an Irrevocable Letter of Credit with New Frontier Bank had the money
available to provide a cash deposit; however, many developers do not have access to the funds necessary
to provide a cash deposit. Commissioner Conway moved to approve said partial cancellation and release
of collateral for Minor Subdivision Final Plan, MF #1081. Seconded by Commissioner Rademacher, 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 16, 2009 2009-2479
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m
ATTEST:
Weld County Clerk to the
BY
Deputy Cler /o the Board
BOARD OF CO TY COMMISSIONERS
WELD CpU1NT , COLORADO
William F. Garcia, Chair
EXCUSED DATE OF APPROVAL
Douglas Rademacher, Pro-Tem
David E. Long
Sean P. Conway
Minutes, September 16, 2009 2009-2479
Page 7 BC0016
Hello