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HomeMy WebLinkAbout20091519.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 29, 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 29, 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 Administrative Services, Monica Mika MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County Commissioners meeting of June 24, 2009, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on June 24, 2009, as follows: 1) USR #1691 - Marcos Sanchez 2) USR #1694 - Keith Thoene; 3) AmUSR #1105 - Kelly and Anna Berndt; and 4) AmUSR #954 - Colorado Engineering Experiment Station, Inc.. Commissioner Long seconded the motion, which 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 Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #B0900120, 2009 CURB AND GUTTER - DEPARTMENT OF PUBLIC WORKS: Monica Mika, Director of Administrative Services, stated ten vendors submitted a bid and the apparent low bid is from Thoutt Bros Contractors, Inc., based out of the City of Denver. Said bid will be presented for approval on July 13, 2009. Commissioner Rademacher stated there seems to be a large discrepancy between the bid amounts; however, staff may explain it when the bid is presented for approval. Ms. Mika stated staff 2009-1519 BC0016 O7/, Se ry has been including the County Engineer's initial estimates in the documentation for the Board to consider while it is reviewing bids. NEW BUSINESS: CONSIDER PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Judy Griego, Director, Department of Human Services, stated the agreement was presented at the Board's work session on June 8, 2009, and Colorado Child Care Assistance Program funds will be used to actively participate in planning, development, and implementation of the Weld County Tiered Reimbursement System, and all Quality Improvement Project Planning; provide services utilizing 211 as a mechanism to educate parents on what quality child care is, what to look for, and how to access it; utilize Promises for Children's Early Childhood Council's services in supporting and promoting quality child care improvement projects; and provide Burmese Advocate Resource Training for two bilingual Burmese refugees. Ms. Griego stated the total amount for services shall not exceed $235,435.00, and the term of the agreement is July 1, 2008, through June 30, 2009. In response to Chair Garcia, Ms. Griego reiterated Colorado Child Care Assistance Program funds will be used to pay for the services. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AMENDMENT TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE: Ms. Griego stated the amendment was discussed at a work session conducted on June 8, 2009, and it will extend an agreement with Aims Community College for a period of one month, in order for the College to purchase educational materials. She stated primarily Colorado Child Care Assistance Program funds will be used. Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CHALLENGE COST SHARE AGREEMENT FOR VARIOUS NATURAL RESOURCE CONSERVATION AND MANAGEMENT PROJECTS ON PAWNEE NATIONAL GRASSLAND AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreement was reviewed at the Board's work session on June 22, 2009, and it will allow the Weld County Youth Conservation Corps (WCYCC) to perform a variety of natural resource conservation and management projects on the Pawnee National Grassland. She stated the amount to be reimbursed to the Department by the U.S. Department of Agriculture is $1,500.00, and the term of the agreement is July, 2009, through September, 2009. Commissioner Conway moved to approve said agreement and authorize Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - PATRICIA MCGUIRE: Ms. Griego stated the agreement was reviewed at a work session conducted on June 22, 2009, and Patricia McGuire will provide assistance to the Workforce Development Board and for various activities planned through Employment Services of Weld County. She stated the term of the agreement is June 1, 2009, through May 31, 2010, and Ms. McGuire will be paid $40.00 per hour for up to 1,000 hours of consultation. In response to Commissioner Conway, Ms. Griego stated Ms. McGuire's services have been utilized for less than 1,000 hours in the past, and her assistance is only utilized when it is necessary for a project. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATIONS FOR WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorizations were presented to the Board at a work session conducted on June 22, 2009, and the term of the expenditure authorizations is July 1, 2009, through June 30, 2010. She stated the expenditure authorizations constitute the basic service funding for the Title I Adult Program, in the amount of $343,437.00; the Dislocated Worker Minutes, June 29, 2009 2009-1519 Page 2 BC0016 Program, in the amount of $423,229.00; the Youth Employment Programs, in the amount of $463,436.00; and the Wagner-Peyser Program, in the amount of $671,980.00. Commissioner Long moved to approve said expenditure authorizations and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT #1 FOR CANCER, CARDIOVASCULAR DISEASE, AND CHRONIC PULMONARY DISEASE PREVENTION AND TREATMENT GRANT PROGRAM FOR THE HEART OF WELD PROJECT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director, Department of Public Health and Environment, stated the amendment was discussed at a work session conducted on June 24, 2009, and it is regarding funding for the second year of a three-year grant. He stated the Department has completed the first year of the Program and it has been awarded the second year of funding, in the amount of $255,629.00, for the Heart of Weld Project, which is a national program designed to reach women. He stated the Program will include cardiovascular disease screening, in addition to existing screening and education services, such as breast and cervical cancer screening, to uninsured and under -insured, low-income women between the ages of 40 and 64. Dr. Wallace stated it has been nationally recognized that women are under -evaluated for cardiovascular disease, in comparison to men. He stated the Department will work collaboratively with providers who serve women who meet the income and age criteria, including Sunrise Community Health. He stated the funding is provided by Amendment 35, and although there are some concerns regarding grant funds from Amendment 35, this Program is an ongoing one and it is not subject to the same funding cuts as the new programs are. In response to Commissioner Conway, Dr. Wallace stated the Program will reach a minimum of 750 women. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER CONTRACT AMENDMENT #2 FOR COLORADO WASTE TIRE GRANT PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the amendment will provide $50,000.00 in additional funds from the Colorado Department of Local Affairs (DOLA) for clean-up of the illegal waste tire storage sites in Weld County. He stated this has been an ongoing and successful program, and the Board expressed it's support for the Program at a work session. He stated the amendment will allow the Program to continue through June 30, 2010, and the Program is funded by a surcharge that is applied to tire purchases. Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER TASK ORDER CONTRACT FOR DISEASE SURVEILLANCE PROGRAM (WEST NILE VIRUS SURVEILLANCE AND TESTING) AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the funding originates from the Centers for Disease Control and is passed on to local health agencies. He stated the funding is in the amount of $9,600.00 for mosquito surveillance, which is important to identify if additional steps need to be taken to prevent human illness. He stated additional funding may be awarded later in the season. In response to Commissioner Rademacher, Dr. Wallace stated the Department has been monitoring mosquitoes this season and there have been no positive pools in Weld County and no human cases of West Nile Virus have been reported; however, Larimer County has reported positive mosquito pools and it is early in the season. Commissioner Rademacher moved to approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TASK ORDER CONTRACT FOR PER CAPITA FUNDING TO SUPPORT LOCAL AND REGIONAL HEALTH SERVICES AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this funding is provided from the State general funds for Core Services each year. He stated as a result of the Revitalization Act being passed last year, there is an additional requirement that the community health planning must be in sync with the State planning. He stated the Department strived to do this previously; however, now there is a formal requirement for staff to complete a community health plan, which will be Minutes, June 29, 2009 2009-1519 Page 3 BC0016 due at the end of 2009. Dr. Wallace stated there will also be regional activity involvement required, and the Department already has regional activities established in a variety of areas; therefore, the transition will be minimal. He stated the term of the contract is July 1, 2009, through June 30, 2010, and the amount of the funding will not exceed $413,315.00. Commissioner Conway inquired as to if the funding will be affected by the State budget cuts. Dr. Wallace stated the funding may be affected by the State budget cuts and it has been affected in the past during economic downturns; however, as a result of the Revitalization Act passed last year, legislators are striving to maintain the funding. He stated there was a small reduction in the amount of funds requested for this year, based on the State's request for various grantees to reduce the amount of their requests by three percent; however, the State has demonstrated reluctance to use the designated funds for other purposes. Commissioner Conway moved to approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AGREEMENT FOR PROVISION OF INTERNSHIP EXPERIENCES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO: Dr. Wallace stated the agreement is with the University of Northern Colorado (UNC) to provide supervision to college students who participate in educational experiences with the Weld County Department of Public Health and Environment, and it is valuable for recruiting employees from the Community Health and Nursing Programs. He stated the agreement commenced June 1, 2009, and will remain effective until one of the parties terminates it, and there will be no exchange of money. He stated the agreement has enabled the Department to recruit highly qualified staff; therefore, it is well worth the time. Commissioner Conway commended Dr. Wallace for participating in this type of agreement and moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER APPOINTING DR. MARK WALLACE AS WELD COUNTY HEALTH OFFICER: Bruce Barker, County Attorney, stated there are a number of statutory requirements for a Weld County Health Officer to be appointed for enforcement purposes concerning disease control, including cancer cure control, blindness in the newly born, tuberculosis, rabies, HIV infection and Acquired Immune Deficiency Syndrome (AIDS); and environmental control, which concerns enforcement in granting Individual Sewage Disposal System (ISDS) permits. Mr. Barker stated Senate Bill 194 altered Section 25-1-509 in 2008, which removed the language requiring each county to appoint a Health Officer; however, there are various other statutes which require a local or county Health Officer; therefore, he recommends the appointment be made. He stated there was an instance in which the Weld County Health Officer quarantined an individual infected with tuberculosis; therefore, the appointment has been necessary before. In response to Chair Garcia, Mr. Barker stated Dr. Wallace has already been performing these functions and the appointment is only a formality. Commissioner Kirkmeyer stated it is important to have the correct appointment to ensure the County is in compliance with statutes and when considering emergency planning efforts. Commissioner Kirkmeyer moved to appoint Dr. Mark Wallace as the Weld County Health Officer. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT AND LOUNGE: Lisa Carpenter, Sheriff's Office, stated Glen Cowan, Sheriff's Office, performed an inspection at the establishment and indicated he has no concerns regarding the renewal. Commissioner Rademacher moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - LA FIESTA MEXICAN GRILL, INC., DBA LA FIESTA MEXICAN GRILL: Mr. Barker stated a change of ownership application has been submitted to the County. He stated the current owners are Alfred and Caroline Lopez, dba El Vaquero; and Miguel Ruiz, dba La Fiesta Mexican Minutes, June 29, 2009 2009-1519 Page 4 BC0016 Grill, is applying for the change of ownership. He stated State statute allows the County to issue a temporary permit for a period of up to 120 days until the application is approved by the State. He stated Mr. Ruiz has paid the required fees and submitted the application materials; therefore, he recommends approval; however, there are some minor issues Mr. Ruiz needs to resolve regarding the application and these will be addressed today. In response to Chair Garcia, Mr. Barker clarified Mr. and Mrs. Lopez have sold the establishment known as El Vaquero to Mr. Ruiz, and the establishment will be known as La Fiesta Mexican Grill. Luis Ruiz, brother of Miguel Ruiz, stated his brother has been a business owner for 12 years and he chose to expand into the restaurant business, and his brother has previous experience with liquor licenses. Chair Garcia inquired if the employees are TIPS trained and if the existing employees will remain working for the establishment. Mr. Ruiz stated his family will be hiring all new staff and they will train them; however, they are willing to having the employees attend TIPS training if it is necessary. In response to Commissioner Conway, Mr. Ruiz stated his family has previously operated a restaurant business. Commissioner Rademacher moved to approve said temporary permit and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 7 AND AUTHORIZE CHAIR TO SIGN - RONALD AND DIANE BAKEL: Leon Sievers, Department of Public Works, stated this is the final parcel the County is acquiring for the County Roads 7 and 48 Strategic Road Project. Mr. Sievers stated the County recently acquired a portion of right-of-way from these land owners; however, as a result of design changes, additional right-of-way acquisition is necessary. He stated the County is acquiring 0.26 acres for $3,000.00, and the amount was negotiated with the land owners, who are willing sellers. He further stated the land owners will be reimbursed $800.00 for the cost of amending an existing recorded exemption to include the additional right-of-way; therefore, the total compensation will be $3,800.00. Commissioner Rademacher inquired as to what the additional right-of-way is needed for. Mr. Sievers stated the ditch was flattened to eliminate erosion concerns through changing the elevation and center line, which required additional right-of-way. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, 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: Mr. Sievers stated this is the second parcel the County is acquiring for the County Road 74 Project; it is acquiring 2.06 acres of right-of-way for $2,060.00, which is $1,000.00 per acre and based on comparable sales in the area. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER FORMATION OF THE WELD COUNTY JUSTICE SERVICES DIVISION: Mr. Barker stated this is the establishment of a division within the Department of Finance, the Board has reviewed the matter, and this is the formal action to create the division and to appoint Doug Erler, Community Corrections, as the Director. Commissioner Rademacher moved to approve the formation of the Weld County Justice Services Division. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER CONTRACT FOR COMMUNITY CORRECTIONS SERVICES AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC.: Mr. Erler stated this is a sub -contract that was discussed previously at a work session and it mirrors the five-year master contract. Gregg Kildow, Executive Director, Invention, Inc., indicated he is available to answer any questions the Board has. Minutes, June 29, 2009 2009-1519 Page 5 BC0016 In response to Commissioner Rademacher, Mr. Erler stated this is a year to year subcontract and there is also an existing five-year master contract. In response to Commissioner Conway, Mr. Erler stated there is an opportunity to re-evaluate the sub -contract each year. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - INTERVENTION, INC., DBA INTERVENTION COMMUNITY CORRECTIONS SERVICES: Mr. Erler stated the agreement was reviewed at a previous work session, it has been reviewed by the County Attorney and the Department of Finance, and there have been a few changes made to strengthen the lease agreement. He stated the Intervention Community Corrections Services will continue to provide community corrections services in the A, B, and C pods of the Weld County Jail until construction is complete for the new Community Corrections building, and the location has been sufficient. Chair Garcia inquired as to whether the agreement addresses the provider moving to the new location when construction is complete. Mr. Erler indicated he has discussed the matter with Mr. Barker and they have decided a new lease agreement will likely be drafted before the location changes. Commissioner Rademacher moved to approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER TWO AGREEMENTS FOR COMMUNITY CORRECTIONS INTENSIVE SUPERVISION PROGRAM FOR INMATES AND PAROLEES WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Mr. Erler stated these are two smaller subcontracts with Behavioral Interventions, Inc., and Rocky Mountain Offender Management Systems, which are two private providers of supplemental services that will provide ongoing electronic monitoring services to supervised parolees and intensive supervised parolees. He stated the Community Corrections Board, the County Attorney, and the Department of Finance have reviewed the agreements and recommend approval. In response to Chair Garcia, Mr. Erler stated the home office for Behavioral Interventions, Inc., is located in the City of Boulder, the home office for Rocky Mountain Offender Management Systems is located in the City of Westminster, and there are numerous field offices throughout Colorado and in the City of Greeley. Further responding to Chair Garcia, Mr. Erler stated the parolees requiring these services are located in the City of Greeley and these offices work closely with the parole office, since the services are intended to assist the parole officers with their case loads. In response to Commissioner Rademacher, Mr. Erler clarified Rocky Mountain Offender Management Systems tends to perform the electronic monitoring services, and Behavioral Interventions, Inc., tends to perform monitored sobriety services, including urine testing, breath testing, and medication monitoring; however, sometimes Behavioral Interventions, Inc., will perform the electronic monitoring services. Commissioner Conway moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO CONVENE AS A BOARD OF EQUALIZATION FOR CALENDAR YEAR 2009: Commissioner Rademacher moved to authorize the Board of County Commissioners to convene as a Board of Equalization for Calendar Year 2009. Seconded by Commissioner Conway, the motion carried unanimously. PLANNING: CONSIDER REQUEST FOR EXTENSION OF SUBMITTAL OF SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT FINAL PLAT, PZ #1082 - KITELEY FARMS, LLLP, C/O LONGS PEAK INVESTORS, LLC: Kim Ogle, Department of Planning Services, stated the Board approved PZ #1082 on July 26, 2006, and there is a statement indicating the applicant must move forward with the final plat within three years of the date of Resolution; however, the applicant is requesting a one-year extension of the submittal of the final plat, and staff is in support of the request being approved, due to the Minutes, June 29, 2009 2009-1519 Page 6 BC0016 current economic climate. Commissioner Conway moved to approve said request for a one-year extension of the final plat for PZ #1082. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #372 - BDH & R INVESTMENT COMPANY: Mr. Ogle stated the Department of Public Works conducted a field inspection in June, 2009, and determined the property is in compliance with the transportation related elements; and the Department of Planning Services conducted an inspection on May 5, 2009, and determined the non -transportation related items have been completed; therefore, approval is recommended. Rich Hastings, Department of Public Works, stated the site was inspected by Don Carroll and he determined the necessary work has been sufficiently completed. Commissioner Rademacher moved to approve said cancellation and release of collateral for Site Plan Review, SPR #372. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#348 - SOLID ROCK PROPERTIES, LLC, C/O RON MORROW: Mr. Ogle stated the Department of Public Works conducted a field inspection in June, 2009, and the Department of Planning Services conducted an inspection on May 8, 2009, and staff from both Departments have determined the necessary items have been completed for the Project. Commissioner Conway moved to approve said cancellation and release of collateral for Site Plan Review, SPR #348. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1020 - WAKE, LLLP, C/O CLIFFORD CLIFT AND PAUL CLIFT: Mr. Ogle stated inspections were conducted in May and June, 2009, and staff determined all of the necessary items were complete. Mr. Hastings stated the necessary items have been competed per the Department's specifications. Commissioner Rademacher moved to approve said cancellation and release of collateral for Final Plan, PF#1020. 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, June 29, 2009 2009-1519 Page 7 BC0016 There being no further business, this meeting was adjourned at 9:51 a.m. ATTEST: Weld County Clerk to the Board BY:11,1 Dept Clerk he Board is • BOARD OF CO CTY COMMISSIONERS WELD,O& OLORADO —Dougl:s Radema. er, Pro-Tem Sea P. Conway At ra Kirk eyeri David E. Long Minutes, June 29, 2009 2009-1519 Page 8 BC0016 Hello