HomeMy WebLinkAbout20091482.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 24, 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, June 24, 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 Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of June 22, 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.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated last week he was selected
by State Senator Josh Penry to serve on the Long -Term Fiscal Stability Interim Committee this summer.
He stated serving on the Committee will require him to dedicate two days out of each of the following
months: July, August, September, and October, and the purpose is to provide a report containing ideas
for creating long term fiscal stability in the State. He stated the Committee consists of 16 members.
Commissioner Conway stated the State has a deficit of over 1.3 billion and it is projected the State may
be an additional $863,000,000.00 in debt next year, and the Committee will be researching possible
solutions. He indicated he is interested in focusing on reorganization and prioritization. He further stated
he is the only County Commissioner who has been selected to serve on the Committee; therefore, he will
be voicing his concerns regarding any unfunded mandates for all of the counties in the State. Chair Garcia
indicated he hopes Commissioner Conway is able to educate others regarding the budgeting practices of
Weld County. Commissioner Conway stated he will share the fact that Weld County has no debt.
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Commissioner Long congratulated Commissioner Conway on being selected for the Committee and
concurred with Chair Garcia's comment. He stated there is a State hiring freeze; however, there are many
new employees in the Department of Human Services; therefore, he would like to understand the definition
of the hiring freeze and if it is enforced. Commissioner Conway stated he learned at the Colorado
Counties, Inc. (CCI) conference that the State budget grew by four percent despite the 1.3 billion deficit,
and between 1,500 and 2,000 new employees were hired. Chair Garcia suggested Commissioner Conway
and the Committee evaluate which State provided services are mandatory and which services are
discretionary.
NEW BUSINESS:
CONSIDER CONTRACT AMENDMENT #4 FOR SINGLE ENTRY POINT AGENCY AND AUTHORIZE
CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the contract is for the
Area Agency on Aging, and the term of the amendment is July 1, 2009, through June 30, 2010.
Ms. Griego stated the total amount of the contract is $1,050,910.11, and the funds will be used to pay for
administrative functions, including case management, and other related services, to clients who are eligible
to receive community based long-term care services that are funded through Medicaid and State General
Funds. Commissioner Rademacher moved to approve said amendment and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING COMMERCIAL DRIVER'S LICENSE
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County Attorney, stated the agreement
is between the County and the State for the purpose of conducting Commercial Driver's License (CDL)
testing. Mr. Barker stated a similar agreement has previously existed; however, the State is now requiring
a more in-depth agreement, and there is nothing objectionable in the new agreement. He stated the
agreement will apply to County employees who require CDL licenses, and the agreement saves the County
a substantial amount of money; approximately $3,000.00 per person. He further stated the Logan County
Attorney indicated Logan County is also entering into the same type of agreement with the State. In
response to Commissioner Rademacher, Mr. Barker stated he believes some of the changes are being
directed by the Department of Homeland Security. Chair Garcia inquired as to what additional
responsibilities the County will acquire as a result of the agreement. Mr. Barker stated there should not
be many more requirements for the County; however, there is some paperwork the County must complete.
He stated paperwork has been necessary in the past and he does not believe the amount of paperwork
will increase; however, the State may provide some new forms to be completed. He further stated the only
concern he has is regarding a performance bond, as discussed on Page 4, Number 9; however, the
performance bond is only necessary if testing occurs outside of the testing unit, and the testing unit
includes everyone employed by Weld County. Mr. Barker stated the County does not test anyone from
the City of Greeley, or anywhere else; therefore, it should not have to ever post a bond.
In response to Commissioner Conway, Pat Persichino, Director, Department of Public Works, stated the
Department hires a large pool of seasonal employees and if they do not possess a CDL, staff will train
them. Mr. Persichino stated there are two certified testers and County equipment is used. Responding
to Commissioner Conway, Mr. Persichino stated the agreement will save approximately $3,000.00 per
person, and typically six to eight people are trained each year. Commissioner Rademacher moved to
approve said intergovernmental agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT FOR INTERSECTION AT
CRS 1 AND 20.5 WITH VARIOUS CONTRACTORS AND AUTHORIZE CHAIR TO SIGN: Richard
Hastings, Department of Public Works, stated this is a supplemental Road Maintenance Agreement that
the County has with three operators; Lafarge West, Inc., Aggregate Industries, and L.G. Everist, Inc.
Mr. Hastings explained there is a long term maintenance agreement for County Roads 1 and 20.5 dating
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back to the late 1980s; however, the intersection is one identified as being in dire need of maintenance,
based on service calls and complaints; therefore, the operators were notified approximately one year ago
of the need for an updated agreement and they drew up a proportionate share agreement, in which
Lafarge West, Inc. is responsible for 61 percent of the cost; Aggregate Industries is responsible for 26
percent; and L.G. Everist is responsible for 13 percent. He stated the Department of Public Works has
nearly completed the road improvements, including a right -turn lane on County Road 20.5, and a
deceleration right -turn lane on County Road 1, and Mr. Howard indicated the project is within the budget
and within a few thousand dollars of the estimate made over a year ago. In response to Commissioner
Rademacher, Mr. Hastings stated the County is responsible for a portion of the asphalt and cement costs,
according to the 1980s agreements, which is approximately five percent of the project cost and half of the
asphalt expense. Mr. Hastings stated the project will cost the County approximately $3,000.00.
Commissioner Rademacher stated the intersection was very much in need of maintenance and
improvements. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER STANDARD FORM OF AGREEMENT FOR MUNICIPAL JAIL SERVICES AND AUTHORIZE
CHAIR TO SIGN: Mr. Barker stated this is the standard form for municipal jail services for holding inmates
that have either been sentenced to jail by a municipality, or are being held pending their first hearing before
a municipality, and there are not a lot of inmates being held for municipalities. He stated the agreement
has been ongoing for a number of years and the agreement is typically updated every five years or so and
he is not certain of all of the changes in the agreement; however, typically the costs are updated.
Sterling Geesaman, Sheriff's Office, stated the most significant changes in the agreement are regarding
the reimbursement for the cost of the service. Mr. Geesaman explained there is an amendment, which
was added approximately five years ago, and it tied the costs for reimbursement to counties from the
Department of Corrections (DOC) to general assemblies; therefore, he included the changes related to
the amendment in the agreement and he changed the reimbursement amount for work release to a
percentage, as opposed to a fixed fee per day; therefore, the contract will not require updating as
frequently. In response to Chair Garcia, Mr. Geesaman stated the County does not receive a full
reimbursement for the cost; the cost is approximately $15.00 per day to the County. Mr. Geesaman stated
the rate is determined by DOC. Commissioner Conway inquired as to what percentage of the jail
population comes from municipalities. Mr. Geesaman stated he is not sure; however, the percentage is
low. In response to Chair Garcia, Mr. Geesaman stated if the County jail is overcrowded, these are the
first individuals to be turned away. Mr. Geesaman stated the reason the work release fee is only
30 percent of the cost is because the inmates will pay a portion of the cost as well. He stated it is
significantly cheaper to house inmates in the work release program than in secured custody. Chair Garcia
inquired as to if there is statutory reason the County must use the DOC rates, or if the County may charge
its actual cost. Mr. Barker stated he does not believe there is a statue requiring it; however, it is the
standard rate, and he does not believe a higher rate can be charged; however, he will investigate the
matter. Chair Garcia clarified he does not intend for the County to make a profit; however, he believes the
actual cost should be fully reimbursed. Mr. Geesaman stated municipal prisoners have significant health
care costs; therefore, some of the prisoner's are not accepted, based on the anticipated healthcare
expense to house them. In response to Commissioner Rademacher, Mr. Geesaman stated the daily rate
is $50.44. In response to Mr. Barker, Mr. Geesaman stated Weld County has this type of agreement with
approximately 15 municipalities, including the Cities of Greeley and Evans and the Towns of Frederick and
Firestone. Commissioner Rademacher inquired as to what happens if a town that has not entered into the
agreement sends a prisoner to Weld County. Mr. Geesaman stated the municipality must sign the
agreement before the prisoner will be accepted. In response to Commissioner Conway, Mr. Geesaman
clarified if the medical staff determines a prisoner has costly medical issues, jail staff will not accept the
prisoner, in pursuance with the agreement. Further responding to Commissioner Conway, Mr. Geesaman
stated if the Weld County jail is at full capacity, it may turn away prisoners the municipalities are trying to
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place. Mr. Rademacher inquired as to where the prisoners go if the County will not accept them.
Mr. Geesaman stated he is unsure; however, many of the prisoners may be released since the offenses
are municipal and the offenders are not a public safety risk. Commissioner Rademacher moved to
approve said standard form of agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -NORTHERN
COLORADO DRAFT HORSE ASSOCIATION: Mr. Barker stated the agreement is for a Draft Horse Show
at the Fair on August 2, 2009. He stated the agreement is almost the same as the others he has drafted
for Fair events, with one slight modification; the Workman's Compensation provision has been waived
since it is a single man who provides everything for the show and he has no employees; however, the
required liability insurance has been acquired. Commissioner Conway moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR MINOR SUBDIVISION FINAL
PLAN, MF #1069 - DAVID AND SUSANNE SCHWIND: Jacqueline Hatch, Department of Planning
Services, stated David Schwind, Applicant, submitted a letter requesting the full release of the collateral
for Minor Subdivision Final Plan, MF #1069. Ms. Hatch stated the Departments of Planning Services and
Public Works have determined the site is in compliance with the recorded plat. She stated the collateral
for the improvements agreement was in the amount of $36,247.98 and staff recommends the full release
of the collateral.
In response to Commissioner Rademacher, Rich Hastings, Department of Public Works, stated there is
a one-year on -site warranty required even on private roads, and the County tries to obtain the warranty
from the asphalt company itself when dealing with paved roads. Further responding to Commissioner
Rademacher, Mr. Hastings stated this particular road is an interior section of gravel roadway located at the
intersection of County Roads 38 and 5, which are also gravel roads. Commissioner Rademacher moved
to approve said cancellation and release of collateral. 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.
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Page 4 BC0016
There being no further business, this meeting was adjourned at 9:30 a.m.
ATTEST:
Weld County Clerk to the Board
BY
De• Cle 3o the Boar
Sean P. Conway
EXCUSED
BOARD OF COUNTY COMMISSIONERS
WELD CIU�..�,' COLORADO
BarKirkmeyer
David E. Long
Minutes, June 24, 2009 2009-1482
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