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HomeMy WebLinkAbout20091695RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 20, 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, July 20, 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 July 15, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on July 14, 2009: 1) Violation Hearings; and on July 15, 2009: 1) 2ndAm USR #897 - Aggregate Industries - WCR, Inc. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Based on staff's request, Commissioner Kirkmeyer moved to place Item of Business #9) Consider Memorandum of Understanding for Explosive Ordinance and Disposal Teams and authorize Chair to sign - City of Greeley, at the beginning of the New Items of Business. Commissioner Conway seconded the motion, which carried unanimously. 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 #60900117, CR 74 MILL AND OVERLAY PROJECT - DEPARTMENT OF PUBLIC WORKS: Don Warden, Director, Department of Finance and Administration, stated the bid will be 2009-1695 BC0016 presented for approval after it has been evaluated by the Department of Public Works, and he read the names of the seven vendors that submitted a bid into the record. Mr. Warden stated the engineer's estimate was $576,499.00, and the apparent low bid is from Aggregate Industries, in the amount of $453,865.00. In response to Commissioner Conway, Mr. Warden stated this bid is related to stimulus funds, and if the accepted bid is lower than the engineer's estimate, the remaining funds are retained by the State. PRESENT BID #60900123, EMERGENCY MEDICAL VEHICLES/AMBULANCES - DEPARTMENT OF PARAMEDIC SERVICES: Mr. Warden stated the bid will be presented for approval on August 3, 2009, and he read the names of the six vendors that submitted a bid into the record. He stated the apparent low bid is from Wheeled Coach, in the amount of $563,800.00, and a work session may be scheduled regarding the bid, prior to approval. APPROVE BID #60900102, EMERGENCY PAGING SYSTEM -DISPATCH E-911 - DEPARTMENT OF FINANCE AND WELD COUNTY REGIONAL COMMUNICATIONS CENTER (CON'T FROM 6/15/09): Mr. Warden read the names of the six vendors that submitted a bid into the record, and he stated Jim Robinson and Julie Walde, Weld County Regional Communications Center, narrowed the number of the bids down to the two providers who are capable of providing systems which are compatible with the Tiburon System; Widata.net and Alertify Wireless Solutions. He stated Mr. Robinson and Ms. Walde recommend accepting the bid from Alertify Wireless Solutions, even though it is slightly higher than the bid from Widata.net, in order to avoid other reprogramming costs. Mr. Robinson stated the Department is replacing the system because the software provider will no longer support paging services for organizations outside of healthcare. He stated the hardware is also in need of replacement in the near future; however, it remains functional for use at this time. He stated the recommended vendor currently supports the paging system, previously worked for the company that is no longer providing the paging software, and was present when the software was installed. Mr. Robinson stated it is not the low bid; however, Alertify Wireless Solutions will be able to provide a system which is compatible with the current one, and there will be minimal additional costs, if any. In response to Commissioner Rademacher, Mr. Robinson stated the system will not include the voice recognition feature, and someone from the company will set up the system on -site. Commissioner Rademacher indicated he is concerned about the vendor's ability to provide good service, since they are located in the State of Florida. Mr. Robinson stated many of the Department's software vendors are located out of the State and there have not been any problems with receiving support from them. Commissioner Kirkmeyer inquired if Mr. Robinson checked references for Widata.net. Mr. Robinson stated he personally spoke with the vendor and was told the company can provide a similar system; however, he does not have any experience working with them. In response to Commissioner Kirkmeyer, Mr. Robinson stated selecting either Widata.net or Alertify Wireless Solutions will not require re -engineering of the existing system, and the vendors have both committed to providing service using the existing system. Commissioner Kirkmeyer inquired as to what hardware needs to be replaced and how much it will cost. Mr. Robinson stated the hardware needing to be replaced is a server and it will cost approximately $5,000.00 to replace; however, it is not necessary to replace it at this point in time. Commissioner Kirkmeyer inquired if the Department was trying to get rid of the paging system when it added the Tiburon System in 1993. Mr. Robinson stated it was not the intent of the Department to get rid of the paging system at that time. Mr. Warden concurred with Mr. Robinson and stated a different form of paging was considered and this bid will accomplish that. Captain Mike Savage, Director, Weld County Communications Center, stated when the Department first utilized the current radio system, the Department had a conventional paging system for the volunteer fire departments and there was anticipation the radio system was going to have a paging component; however, it never came to fruition. Mr. Savage stated the Department has a conventional paging system and the system through the private vendor will provide another layer of an emergency paging network, beyond Minutes, July 20, 2009 2009-1695 Page 2 BC0016 what the conventional paging system provides. Mr. Warden stated the original intent was to get rid of the 400 megahertz paging system; however, the Department can not do it. Commissioner Kirkmeyer stated the Department can do it; however, it does not wish to. Mr. Warden stated the technology for the 800 megahertz paging system did not evolve as promised, and it would be costly and not very functional for many of the fire departments to use it. He stated many of the fire departments expressed opposition to the 800 megahertz system several years ago and the decision was made to pursue the current route at that time, and this alternative is likely more cost effective since the technology has failed to evolve as anticipated. In response to Commissioner Kirkmeyer, Mr. Warden stated the proposed system will work for all of the emergency responders. In response to Commissioner Conway, Mr. Robinson clarified the bid from Widata.net is for a system without voice recognition. Mr. Robinson stated the Department has elected not to request the voice recognition feature from either vendor, which saves a significant amount of money; the current system has voice recognition; however, the feature has never been utilized; therefore, it is not necessary. In response to Commissioner Kirkmeyer, Mr. Robinson clarified Alertify Wireless Solutions has taken over for the company that is no longer providing the paging service for non - health care organizations, which is Emergin. Mr. Robinson explained when Emergin elected to no longer support non -health care organizations, an individual who worked for Emergin took over the maintenance for those organizations, which were no longer supported by Emergin, and he started his own company to provide the service. In response to Commissioner Kirkmeyer, Mr. Robinson stated the Emergin software will be replaced. Commissioner Rademacher moved to approve the bid, without the voice recognition feature, from Alertify Wireless Solutions, based on staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously. OLD BUSINESS: CONSIDER NON -FINANCIAL AGREEMENT FOR REFUGEE HEALTH SERVICES COORDINATOR - LUTHERAN FAMILY SERVICES OF COLORADO (CON'T FROM 7/15/09): Dr. Mark Wallace, Director, Department of Public Health and Environment, stated a work session was conducted last week to review this agreement, which is for Lutheran Family Services of Colorado to provide an on -site coordinator for health service referrals, and the Department will provide a cubicle, a computer, and a telephone for the coordinator. Dr. Wallace stated the coordinator will assist with connecting refugees to the services provided by the Department, such as communicable disease treatment, and by making referrals to other community services. He stated there will be no exchange of money in the agreement, and Lutheran Family Services of Colorado has received funding from the Refugee and Asylee Program of the United States Citizenship and Emigration Services to be able to provide the coordinator. He stated it has been helpful having the coordinator in the Department because the individual is from Somalia and is able to assist with translation; however, refugees from other countries are being assisted as well. In response to Mr. Warden, Judy Griego, Director, Department of Human Services, stated the coordinator is not the same individual who will be providing services for the Department of Human Services. In response to Commissioner Conway, Dr. Wallace reiterated there will be no cost to the County; however, it will provide office space for the individual. Commissioner Kirkmeyer moved to approve said agreement. Seconded by Commissioner Conway, the motion carried unanimously. NEW BUSINESS: CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXPLOSIVE ORDINANCE AND DISPOSAL TEAMS AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY: Deputy Bill Spalding, Sheriff's Office, stated the County and the City of Greeley's Explosive Ordinance and Disposal Teams have worked together since 1978 and they officially united in 1979, and the Teams have shared resources and equipment since then. Mr. Spalding stated the Teams started out with only a few dollars worth of tools and now they share over $500,000.00 worth of gear and equipment. He stated the Team is regionally certified Minutes, July 20, 2009 2009-1695 Page 3 BC0016 and it responds to numerous calls; therefore, a Memorandum of Understanding (MOU) has been needed for some time and Mr. Savage and a group of others constructed one; however, the Federal Bureau of Investigations (FBI) is requiring a new MOU, to state the Greeley Police Department and the Weld County Sheriff's Office will continue to operate their Teams collaboratively. Mr. Spalding stated their group is one of only a few who have done this type of work and they have responded to situations in the Towns of Walden and Julesburg, the City of Burlington, and the Kitt Carson Military Base. He stated the Airforce only compiled a team to handle these matters for their nuclear silos approximately two years ago. He explained two members of the group are going to attend a training conducted by the FBI, and the FBI requires the MOU to be in place in order for the individuals to attend. Chair Garcia inquired if there are any changes to current practices in the new MOU. Mr. Spalding stated the new MOU is very similar to the old one. He stated Detective Otto Hubbard, Greeley Police Department, has been appointed as the Team Commander. Mr. Hubbard stated the FBI indicated the MOU was outdated and it wanted an updated MOU to be drafted; the previous MOU was signed in 1980. In response to Commissioner Rademacher, Bruce Barker, County Attorney, stated he has reviewed the MOU and it is nearly the same as the former MOU. In response to Commissioner Kirkmeyer, Commander Ed Haffner, Weld County Sheriff's Office, stated the City will be passing a resolution similar to the County's. Commissioner Kirkmeyer inquired if the County's Resolution should include a paragraph to specify that the City of Greeley must pass a resolution in order for the MOU to be effective. Mr. Barker stated the paragraph requested by Commissioner Kirkmeyer will be added. In response to Commissioner Kirkmeyer, Mr. Barker stated the MOU will need to be modified whenever a new Chief of Police or Sheriff is elected. Mr. Barker stated this is a sharing of services and typically these types of arrangements are not considered by the Board; however, this one was presented because the FBI provided the MOU. In response to Chair Garcia, Commissioner Kirkmeyer stated the Resolution should state, "Whereas, the Greeley City Council, by Resolution, authorizes the Police Chief to enter into the MOU." Commissioner Kirkmeyer stated the MOU states it shall not extend beyond one month of the Sheriff's current term; therefore, the MOU must be updated even if the Sheriff is re-elected. Mr. Barker concurred with Commissioner Kirkmeyer. In response to Commissioner Conway, Mr. Hubbard stated the FBI requires the MOU to be updated whenever a term ends for either the Weld County Sheriff or the Greeley Police Chief. Commissioner Kirkmeyer stated it seems one paragraph of the MOU is contradictory to another, since Item #1 states, "the MOU shall remain in full force and effect until terminated by either party upon sixty days written notice, or as terminated by a written and signed MOU", and the first paragraph of the MOU states, "in no event shall this MOU extend more than one month beyond the current term of office of the signatory Sheriff and /or Chief of Police". In response to Chair Garcia, Mr. Barker stated the purpose of Item #1 is to allow either party to be released from the MOU with 60 days notice; however, the MOU does end within 30 days of the end of a Sheriff or Police Chiefs term; therefore, another MOU is required upon the expiration of a term. In response to Commissioner Kirkmeyer, Mr. Haffner stated the MOU was drafted to be applicable to groups nationwide, for example, the City of Los Angeles has approximately eight to 10 teams among numerous agencies; therefore, the MOU is written with the intent to encompass situations similar to this one. Mr. Haffner stated there are only approximately 2,200 people in the United States who work with explosives in this way and when the situation at Columbine High School occurred, all of the teams located within the State of Colorado met in and around the City of Denver, without a MOU; however, the MOU will formalize the agreement to share services between the Greeley Police Department and the Weld County Sheriff's Office. Commissioner Conway moved to approve said Memorandum of Understanding, with the amendment to the Resolution. In response to Commissioner Conway, Mr. Barker stated the amendment will indicate the Board is passing the Resolution, with the understanding the Greeley City Council will be passing a similar one for its Police Chief. Seconded by Commissioner Rademacher, the motion carried unanimously. Minutes, July 20, 2009 2009-1695 Page 4 BC0016 CONSIDER EXPENDITURE AUTHORIZATION FOR WORKFORCE INVESTMENT ACT YOUTH INCENTIVE FUNDS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreement was presented to the Board at a work session conducted on July 14, 2009, and it is for $1,000.00 in Youth Incentive funds, awarded as a result of the Pillars for Successful Independence Program, which was recognized as a Promising Practice at the 2009 Think Big Conference. Commissioner Conway moved to approve said expenditure authorization and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATIONS FOR VARIOUS WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the authorizations were presented to the Board at a work session conducted on July 14, 2009, and the first expenditure authorization requests a portion of the staff costs associated with the Disability Program Navigator position, in the amount of $27,000.00, to ensure access to programs for individuals with disabilities. She stated the second expenditure authorization is requesting $6,000.00 from the Workforce Investment Act Data Mining funds, and it will be used to purchase and utilize tools to support planning efforts and analyze local and regional industry and occupational data. Commissioner Rademacher moved to approve said expenditure authorizations and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING GRANT AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT: Ms. Griego stated the agreement was presented to the Board at a work session conducted on July 14, 2009, and the purpose is to utilize Upstate Northern Colorado Economic Development and Brighton Economic Development as co -conveners to accomplish the scope of services in the planning grant, which will be accomplished through an agreement with Upstate Colorado Economic Development. She stated the agreement identifies that Sector grant funds, in an amount not to exceed $75,000.00, will be reimbursed to Upstate Colorado Economic Development, and it specifies that $6,000.00 will be provided to Upstate Colorado Economic Development, to purchase a license for economic modeling data to support the sector approach. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER WELD COUNTY YOUTH CONSERVATION CORPS GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GOVERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AMERICORPS PROGRAM: Ms. Griego stated the agreement was presented to the Board at a work session conducted on March 23, 2009, and is a result of the proposal submitted by the Division of Employment Services to operate the Weld County Youth Conservation Corps/ American Recovery and Reinvestment Act (ARRA) AmeriCorps Program. She stated funding has been provided for the Program, in the amount of $100,800.00, for a term commencing August, 2009, through July, 2010. In response to Chair Garcia, Ms. Griego stated the contract is to establish an additional Youth Corp, utilizing stimulus funds, and there will be no requirement for the Department to maintain the additional Youth Corp with its own funds. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER NON -FINANCIAL AGREEMENT FOR VARIOUS SERVICES PROVIDED TO REFUGEES AND AUTHORIZE CHAIR TO SIGN - LUTHERAN FAMILY SERVICES OF COLORADO: Ms. Griego stated the agreement was presented to the Board at a work session conducted on March 3, 2009, and it is a non -financial agreement; similar to the agreement presented today for the Department of Public Health and Environment. She stated the agreement will provide Somali and Burmese refugees with employment services, and staff from Lutheran Family Services of Colorado will be on -site at the Division of Employment Services on two to three days per week, in order to assist with employment services and to provide Minutes, July 20, 2009 2009-1695 Page 5 BC0016 outreach activities for the refugee community. She stated the agreement shall be reviewed annually in order to determine if there is a continued need for it and if it is in need of modification. In response to Commissioner Conway, Ms. Griego reiterated there will be no cost to the County. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: Ms. Griego stated the agreement was presented to the Board at a work session conducted on July 14, 2009, and it is with North Range Behavioral Health to provide alcohol and drug screening to Temporary Assistance for Needy Families (TANF) Program recipients. She stated an amount not to exceed $18,000.00 will be paid for the screening and assessments, and an amount not to exceed $5,100.00 will be paid for alcohol and drug education. She stated the term of the agreement is July 1, 2009, through June 30, 2010, and the funding is provided from the Colorado Works Program. In response to Chair Garcia, Ms. Griego stated the drug screening and assessments will be administered to everyone applying for TANF, and she clarified a psychological assessment is administered to determine if indicators of drug or alcohol abuse are present for the applicant; however, there will not be a breathalyzer test administered, or any other similar tests to determine if an individual is under the influence of drugs or alcohol. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER FIVE PURCHASE OF SERVICES AGREEMENTS WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the agreements were presented to the Board on June 30, 2009, and the funds are provided from the Older Americans Act fund and the Older Coloradoan fund. She stated the agreements are with Chuck Connell to provide legal services, for an amount not to exceed $7,500.00; Elder Garden to provide adult day services, for an amount not to exceed $55,250.00; Meals on Wheels to provide home delivered meals, for an amount not to exceed $72,547.00; North Range Behavioral Health to provide peer counseling services, for an amount not to exceed $49,930.00; and Rehabilitation and Visiting Nurse Association to provide home health care, for an amount not to exceed $67,972.00. She stated the term of the agreements commences July 1, 2009, and ends June 30, 2010. Chair Garcia stated Mr. Connell is providing consultations for an hourly rate of $32.00 and charging $42.50 per hour for court appearance time; therefore, he is appreciative of the reduced rates and the time Mr. Connell is donating. Commissioner Conway moved to approve said agreements and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER CONSULTANT AGREEMENT FOR MENTAL HEALTH SERVICES ANDAUTHORIZE CHAIR TO SIGN - JULIE SKINNER: Ms. Griego stated the agreement was presented to the Board at a work session conducted on July 14, 2009, and it is for Julie Skinner to provide mental health services for the Head Start and Migrant/Seasonal Head Start Programs, for a period commencing June 15, 2009, through May 31, 2010. Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN - RLF, INC., DBA C J'S LIQUORS: Mr. Barker stated this is a standard renewal application and the Sheriff's Office has reviewed it and has no concerns; therefore, he recommends approval. Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - THE FORT 21, LTD., DBA THE FORT 21: Mr. Barker stated this is a renewal application and the Sheriff's Office has provided a letter stating it has no concerns regarding the application. Jennifer Foy, Minutes, July 20, 2009 2009-1695 Page 6 BC0016 Sheriff's Office, stated she performed the liquor inspection and she has no concerns regarding the establishment. Ms. Foy stated there have been no calls for service to the establishment over the last year. Commissioner Rademacher moved to approve said application and authorize the 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 NECESSARY DOCUMENTS - WALTER HEINZE: Leon Sievers, Department of Public Works, stated this is the third parcel out of five that the County is acquiring for the County Road 74 Project. Mr. Sievers stated the County is acquiring one acre of right-of-way for $1,000.00 and 400 square feet of permanent easement for $500.00, which is a total compensation of $1,500.00. In response to Chair Garcia, Mr. Sievers stated the cost for the one acre of right-of-way is based on comparable sales in the area. In response to Commissioner Rademacher, Mr. Sievers stated the Project is not being funded with stimulus money; it is related to a grant from the Colorado Department of Local Affairs (DOLA). In response to Commissioner Conway, Mr. Sievers stated the seller is a willing participant in the agreement. Commissioner Long moved to approve said agreement and authorize the Chair to sign the necessary documents. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Conway moved to appoint Jennifer Hopkins, Jesse Mortensen, and Julie Cila to the Workforce Development Board. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY ORDINANCE NO. 242-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2009: Mr. Warden stated there are typically two Supplemental Appropriations for the budget per year; one mid -year, which is this one, and one in December. He indicated State statute requires the Ordinance to be published at least once prior to the Board considering it, and this one will be published on July 20, 2009, and considered by the Board on July 29, 2009. Commissioner Long moved to direct the Clerk to the Board to have Emergency Ordinance No. 242-A, In the Matter of Supplemental Appropriation for the Year 2009, published. 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. Minutes, July 20, 2009 2009-1695 Page 7 BC0016 There being no further business, this meeting was adjourned at 10:00 a.m. ATTEST: Weld County Clerk to the B BY: eputy Cler'to the Board It. 7 BOARD OF COUNTY COMMISSIONERS WELD.COUNfl COLORADO 1, William F. Garcia, Chair e Douglas/Rademac er, Pro-Tem Sean P. Conway �� t ;ar I Kirkmeyer David E. Long Minutes, July 20, 2009 2009-1695 Page 8 BC0016 Hello