HomeMy WebLinkAbout20090870RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 13, 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, April 13, 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 H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem - TARDY
Commissioner Sean P. Conway - TARDY
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of April 8, 2009, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinance #2009-6 by tape.
Commissioner Kirkmeyer seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearing
conducted on April 8, 2009, as follows: 1) USR #1688 - Jose Jauregui, c/o Abraham Jauregui.
Commissioner Long seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Garcia added New Item of Business#14: ConsiderAdditional Hours
of Operation for Clerk and Recorder to Accept Filing Documents Related to FDIC Appointment as
Receiver/Liquidator of New Frontier Bank Assumption on April 10, 2009.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
(Commissioners Conway and Rademacher are now present.)
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BIDS:
PRESENT BID#B0900088, EMERGENCY GENERATORS - DEPARTMENT OF FINANCE: Monica Mika,
Director of Administrative Services, read the names of the four vendors who submitted a bid into the
record. Said bid will be considered for approval on April 27, 2009. She clarified the equipment will be
purchased through funds provided through an Energy and Mineral Impact Grant, and a public meeting with
the affected communities has been scheduled for April 22, 2009. In response to Commissioner Long,
Ms. Mika indicated the specific criteria for the size of the generators listed within the grant application was
included within the bid documents, therefore, only one size of generator was bid upon. Commissioner
Long indicated he would like the bid to be pulled in order to verify the needs of the various communities,
since some communities may require a larger size of generator, up to 480 volts. He confirmed utilizing a
generator to be able to create a clean water supply is more important than utilizing a generator for
electricity needs within a community. Commissioner Kirkmeyer indicated the vendor selected through the
bid process will visit each community and will determine what size and type of generator is needed for a
specific site. She confirmed each community will have different needs, and the visitation by the vendor
to each site is specified within the grant documents. She further confirmed each site could require a
different generator, and the specifications on the bid sheet simply provide information as to how much each
type of generator costs. Ms. Mika clarified the grant documents included specific standards which must
be met, and she believes as long as the standards are met, the communities will receive adequate
equipment. Commissioner Long indicated it appears all of the generators listed on the bid sheet are rated
as 220 volts, and he would like the various communities to have the choice to choose a generator rated
with 480 volts. He confirmed flexibility is important to satisfy the needs of the community.
Ms. Mika indicated when the bid is presented for approval on April 27, 2009, the various communities will
have provided any necessary comments and the preferred choice, which will be included within the
information for review by the Board. Commissioner Long clarified he would like the various communities
to be offered a range of voltage capabilities, and he would like County staff to contact each of the
communities before the public meeting is scheduled, so that the communities may review the various
options. Commissioner Kirkmeyer clarified the bid is only being presented today, and many discussions
will take place within the next two weeks before the bid is considered for approval. Commissioner Long
indicated within the bid process, the communities will only be able to select equipment from the list
provided, and he reiterated he wants the various communities to have flexibility in the choice for a
generator. Responding to Commissioner Kirkmeyer, Mr. Warden confirmed the bid process would have
to be re -initiated if the Board desires to include other options, after this current bid is denied.
Commissioner Long clarified he believes this bid process is premature, and the County is not ready to
move forward for selection of generators; only for sirens.
In response to Chair Garcia, Ms. Mika confirmed if changes to the bid are necessary, the Board may have
to reject the bid in its entirety. She clarified she will provide the information provided by the various
venders to the communities, and request that the communities review the information to ensure the
equipment included within the bid meets the needs. Commissioner Long clarified the communities may
not know that other options exist, and may be inclined to think that a generator from the list must be
picked. Responding to Commissioner Kirkmeyer, Ms. Mika indicated the communities will meet with Roy
Rudisill, Director, Office of Emergency Management, to determine the needs for a generator.
Commissioner Kirkmeyer clarified each of the communities will be able to determine the generator needs,
and the bid may be rejected if the needs do not match the equipment available through this bid. She
further clarified the bid sheet does not even need to be provided to the communities, and the Board should
send a letter to each of the communities, with instructions to work in conjunction with Mr. Rudisill to
determine the needs of the community, regarding generator size. Ms. Mika indicated she believes
Mr. Rudisill has already had discussions with the various communities; however, she will follow up with
Mr. Rudisill to ensure he has met with every community. Commissioner Long reiterated he is not sure why
the Board is already considering this bid, as he believes the matter is premature. Responding to
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Commissioner Long, Ms. Mika indicated the funds for the purchase of warning sirens and generators were
provided through the same grant, and the timing for usage of the funds could be expanded, if necessary.
Mr. Warden confirmed the term of the grant may be extended up to six months. Commissioner Long
indicated he desires for all of the communities to be able to choose from a wide range of possibilities.
Ms. Mika indicated she will ensure the proper communication takes place between the communities before
the bid is considered for approval.
APPROVE BID #B0900077, SEAL COAT - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated staff
recommends acceptance of the low bid from Quality Resurfacing, Inc., in the amount of $964,432.00. She
indicated the County will enter into a one-year agreement, which will contain the option to renew for two
additional years. Commissioner Rademacher moved to approve said low bid, based upon staff's
recommendation. Seconded by Commissioner Conway, the motion carried unanimously.
NEW BUSINESS:
CONSIDER 2008 ANNUAL REPORT FROM FAMILY EDUCATIONAL NETWORK OF WELD COUNTY
FOR HEAD START AND MIGRANTAND SEASONAL HEAD START PROGRAMS: Judy Griego, Director,
Department of Human Services, stated the annual report is provided to the community, as required through
the Improving Head Start School Readiness Act of 2007. She clarified the annual report indicates the
program operated within the set budget, and exceeded outcomes. Commissioner Conway moved to
approve said report. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER REVISIONS TO FAMILY EDUCATIONAL NETWORK OF WELD COUNTY POLICY AND
PROCEDURE: Ms. Griego stated the Policy and Procedure provides for the operations within the Head
Start Program, including organizational structure, staff qualifications, confidentiality, standards of conduct,
training and professional development, and general information for purchasing of supplies and equipment,
and general maintenance repair and procedures. Commissioner Long moved to approve said revisions.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PROGRAM INSTRUCTIONS FOR HEAD START PROGRAMS: Ms. Griego stated the
instructions are provided by the U.S. Department of Health and Human Services, and include requirements
and clarifications for Head Start Programs. She indicated instructions addresses the provision of diapers,
enrollment of children with disabilities, early conversion, and full working -day conversion. She further
indicated the Department is requesting that the Board formally adopt the program instructions, which will
become a part of the procedures within the Head Start Program. Commissioner Conway moved to
approve said program instructions. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER INFORMATION MEMORANDUMS FOR HEAD START PROGRAMS: Ms. Griego stated
additional information has been provided from the U.S. Department of Health and Human Services, which
clarifies eligibility requirements for enrollment, Memorandum of Understanding requirements with
collaborative partners, and classroom staff qualifications. Commissioner Long moved to approve said
memorandums. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER 2009 SERVICE PLANS FOR FAMILY EDUCATIONAL NETWORK OF WELD COUNTY FOR
HEAD START AND MIGRANT AND SEASONAL HEAD START PROGRAMS: Ms. Griego stated the
Service Plans are short-term required goals and action steps for each component of the Family
Educational Network of Weld County. Commissioner Rademacher moved to approve said service plans.
Seconded by Commissioner Conway, the motion carried unanimously.
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CONSIDER ESTABLISHMENT OF PUBLIC HEALTH AGENCY, DESIGNATION OF SIGNATORY
AUTHORITY, CLARIFICATION OF SCOPE OF WORK, AFFIRM MEMBERSHIP OF WELD COUNTY
BOARD OF PUBLIC HEALTH, AND AFFIRM APPOINTMENT OF DR. MARK WALLACE AS DIRECTOR:
Bruce Barker, County Attorney, stated all of the actions listed within the Resolution are required through
Senate Bill 08-194. He clarified it was realized by the State, when considering the establishment of several
new Health Departments within the State of Colorado, that several Departments had already been
established, therefore, the existing Departments needed to be re -affirmed. He further clarified the Senate
Bill allows counties with a Home Rule Charter to establish and operate the Department as allowed within
the Charter. Commissioner Conway moved to establish said agency, designate said authority, clarify said
scope of work, affirm said membership, and affirm the appointment of the director. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL: Lisa Carpenter, Sheriff's Office,
recommended approval of the renewal request as no concerns or ground for revocation of the license have
been presented. Commissioner Long moved to approve said application and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 70 BETWEEN CRS 27 AND 29: Janet Carter, Department
of Public Works, stated County Road 70, between County Roads 27 and 29, will be closed from April 20,
2009, through April 23, 2009, for a culvert replacement. She indicated water will be utilized for dust control
along the detour route, and the average daily traffic count along County Road 70 is 66 vehicles.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 72 AT CR 45: Ms. Carter stated
the Department is requesting the installation of Stop sign at the intersection of County Roads 72 and 45,
which is necessary due to poor sight distance caused by a large tree and structure located on the
southeast corner of the intersection. Commissioner Conway moved to approve said installation.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO, DBA XCEL ENERGY: Mr. Warden
stated the agreement is for the construction of the new Community Corrections building, for which Xcel
Energy is requiring a new transformer to accommodate the expected electrical needs. He stated the
deposit cost is $34,842.00, and the County will receive a credit back from Xcel over a ten-year period as
electricity is consumed. He confirmed it is standard practice to pay the necessary costs up front, and have
reimbursement provided over a set period of time. In response to Commissioner Conway, Mr. Warden
confirmed a ten-year period is typical, and if a business does not generate enough electricity demand
within the ten-year period, a full refund will not be granted; however, it is expected that this new building
will generate a large demand. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INTERCONNECTION SECURITY AGREEMENT FOR WELD COUNTY JAIL AND
AUTHORIZE CHAIR TO SIGN - U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT: Ms. Mika stated
the agreement allows for Immigration and Customs Enforcement (ICE) officers to utilize office space within
the Weld County Jail. In response to Commissioner Conway, Ms. Mika confirmed the office space within
the Weld County Jail will act as a companion office to the new ICE office which is expected to open in west
Greeley in June, 2009. Further responding to Commissioner Conway, Ms. Mika indicated the office within
the Weld County Jail will allow at -risk inmates to remain at the jail facility, instead of being transported to
the West Greeley office. Ms. Mika indicated it required a lengthy amount of time for the details of the
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contract to be decided, and the County's IT Department is requiring the ICE officers to install their own T-1
line and provide independent computer support services. Responding to Chair Garcia, Ms. Mika indicated
only the office space will be provided by the County, ICE officers will provide their own support services,
and the County has chosen not to charge a rental fee for the office space. In response to Commissioner
Conway, Ms. Mika confirmed there is adequate space within the jail facility for this office, the term of the
agreement is for a three-year period, and the agreement includes a provision for termination by either
party. Responding to Commissioner Kirkmeyer, Mr. Warden confirmed no foreign users are allowed on
the County Intranet, for security reasons. Commissioner Rademacher moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE #2009-5, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read Ordinance #2009-5 by title only. Seconded by
Commissioner Conway, the motion carried unanimously. Mr. Barker read said title in the record and stated
several appendices within Chapter8 have been updated to reflect the correct fees which are being charged
by municipalities. He confirmed the updates have been discussed in previous work sessions, and there
have been no modifications to the appendices since first reading. No public testimony was provided
regarding the matter. Commissioner Kirkmeyer moved to approve the final reading of Ordinance #2009-5.
Seconded by Commissioner Long, the motion carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2009-6, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD
COUNTY CODE: Mr. Barker stated Appendix 6-A contains a listing of traffic fines, and changes to the
fines listed within the Appendix have been discussed with staff from the Sheriff's Office. He clarified the
modifications will cause the fines to be equal with the rates imposed by the State of Colorado, and he
confirmed there have been no changes to the modifications following the previous work session. He
further clarified Commissioner Rademacher requested possible modifications to the proposed changes,
which were presented to the Sheriff's Office; however, the Sheriff indicated he would like to proceed with
the changes as originally presented.
In response to Commissioner Conway, Paul Wood, Traffic Commander, Sheriff's Office, confirmed the
Sheriff preferred for all the fines to be kept commensurate with the fines imposed by the State of Colorado,
and he prefers forthe County's fine schedule to be modeled afterthe State's fine schedule. Commissioner
Kirkmeyer referenced Exhibit A, and stated a memorandum provided by Sheriff Cooke indicates that higher
fines help to reduce traffic accidents and fatalities, and she questioned whether statistics from counties
which surround Weld County were included in any studies. In response, Mr. Wood indicated all Class One
counties, which operate with a model traffic code, have modified the fine schedule to mirror the fines
imposed by the State, except for El Paso County, which has instituted higher fines. Further responding
to Commissioner Kirkmeyer, Mr. Wood indicated the Colorado State Patrol has reported that the increased
fines within other counties are helping to reduce crashes, injuries, and fatalities.
Commissioner Rademacher indicated he will not be voting in favor of the Ordinance, as he does not agree
with the State's justification for increasing the fees. He clarified he is willing to vote in favor of
modifications, in smaller increments; however, he is opposed to many of the fines being doubled.
Commissioner Conway indicated he would have preferred to make additional modifications, as determined
to be appropriate by the Board during the work session, therefore he also will not vote in favor of the
Ordinance. He clarified he hopes that representatives from the Sheriff's Office will discuss the possibility
of additional amendments to the fines, and he is disappointed that the additional amendments proposed
within a previous work session were not taken under consideration by the Sheriff.
Minutes, April 13, 2009 2009-0870
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Mr. Warden clarified it was his understanding that any future amendments to the fines would be discussed
during the first reading of the Ordinance. Commissioner Conway indicated he is not opposed to discussing
potential modifications to the fines during this meeting, especially regarding the suggestions Commissioner
Rademacher has previously presented. Commissioner Kirkmeyer indicated the Board's decision regarding
additional amendments was not unanimous during the previous work session, and it was her
understanding that more discussion would take place between the first and second readings of the
Ordinance. No public testimony was provided regarding the matter.
Commissioner Kirkmeyer indicated she is not if favor of considering additional amendments to the fines,
as proposed to be amended within the first reading. She indicated the County needs to impose fines which
are consistent with the fines imposed by the State, and she believes strict fines are necessary to truly
make an impact on the behavior of motorists. She stated the Sheriff has studied the fines imposed by
surrounding counties and States, and since Weld County tends to experience a large number of fatalities
each year, she believes higher fines will help to reduce traffic accidents. She confirmed she does not
believe a plausible reason exists for the fines to be increased within stages, and she concurs with the
recommendation of the Sheriff.
Responding to Chair Garcia, Mr. Barker confirmed the Ordinance may be approved on first reading, as
presented, and further modifications may be made, if necessary, during a work session held before the
second reading. Chair Garcia indicated he concurs with the comments provided by Commissioners
Rademacher and Conway; however, he does not the want the Ordinance to not be able to move forward
if it does not obtain a majority vote on first reading. He clarified it is his desire to discuss additional
amendments during a work session, in order to consider a reasonable increase to the fines. Commissioner
Conway indicated many other aspects are working in conjunction to reduce the rate of traffic accidents,
including educational programs and extra patrol by the traffic control unit. He stated considering the recent
economic conditions, it seems inappropriate to increase many of the fines by as much as 100 percent,
even though it has been many years since the fines have been increased. He confirmed a 100 -percent
increase on some of the fines will create a financial hardship for the citizens and residents within Weld
County. Commissioner Long moved to approve the first reading of Ordinance #2009-6, and the motion
was seconded by Commissioner Kirkmeyer. Commissioner Long indicated he will vote in favor of the first
reading to allow the Board to have additional opportunities to consider other necessary amendments.
Upon request for a roll call vote, the motion carried three to two, with Commissioners Rademacher and
Conway opposed.
CONSIDER ADDITIONAL HOURS OF OPERATION FOR CLERK AND RECORDER TO ACCEPT FILING
DOCUMENTS RELATED TO FDIC APPOINTMENT AS RECEIVER/LIQUIDATOR OF NEW FRONTIER
BANK ASSUMPTION ON APRIL 10, 2009: Mr. Barker stated he was contacted by the Federal Deposit
Insurance Corporation (FDIC), regarding the plan to take over New Frontier Bank, located within the City
of Greeley. He clarified FDIC representatives had concerns regarding Section 30-10-109, C.R.S., which
indicates the Board of County Commissioners authorizes the hours of operation for all County
Departments, including the Office of the Clerk and Recorder, which normally closes at 5:00 p.m. He
indicated the FDIC representatives planned to complete the closure after-hours, and immediately following
the closure, file and record the two documents provided by the State Banking Commissioner, contained
within Attachment A. He further clarified the documents contained within Attachment A indicate the FDIC
will act as the receiver/liquidator of the case filed within the District Court. Mr. Barker confirmed he
reviewed the statute reference, in order to determine if the Clerk and Recorder had the authorization to
create emergency hours of operation, and after discussion with representatives of the FDIC and the State
Banking Commissioner, it was determined a Resolution from the Board would be necessary to authorize
the additional hours of operation. He clarified the necessary documents were recorded at approximately
7:00 p.m., on Friday, April 10, 2009, and Gaye Hedin, Chief Deputy Clerk, accepted the documents at that
time. He further clarified the Resolution presented provides the proper authorization for the previous
Minutes, April 13, 2009 2009-0870
Page 6 BC0016
actions. Responding to Commissioner Rademacher, Mr. Barker confirmed State statute indicates the
action must be approved by Resolution. Commissioner Kirkmeyer confirmed the Clerk and Recorder, even
in instances of emergencies, has the ability to extend the hours of operation, and approval must be granted
by the Board. Mr. Barker indicated the hours of operation must be set, and adhered to, so that the time
and date of the recording of documents is controlled. Responding to Commissioner Conway, Mr. Barker
confirmed the FDIC was unsure of the exact date to close the bank, and representatives did not want the
documents to be official public documents before the closure took place. He confirmed many emergency
actions are completed retroactively, including emergency road closures. Further responding to
Commissioner Conway, Mr. Barker indicated he is unaware of any other bank seizures completed by the
FDIC within the State of Colorado. Commissioner Rademacher moved to approve said resolution.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-5 was approved on final reading, and Ordinance #2009-6 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 9:55 a.m.
ATTEST:
abf°'I
Weld County Clerk to the, Board
BY:
Deputy Clerk to the Board .,;
BOARD OF COUNTY- sOMMISSIONERS
WELD QQU TY, ORADO
William F. Garcia, Chair
,c1Qc QL�
ougl-- Rademacher, Pro-Tem
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Sea P. Conway
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ar ra Kirkmeyer
David E. Long
Minutes, April 13, 2009 2009-0870
Page 7 BC0016
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