HomeMy WebLinkAbout20093049.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 18, 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, November 18, 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 -Tern
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of November 16, 2009, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2009-12
by tape. Commissioner Conway 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 Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PROCLAMATIONS:
ADOPTION DAY - NOVEMBER 20, 2009: Chair Garcia read the certificate proclaiming November 20,
2009, as Adoption Day. Three representatives from the Department of Human Services were present
and indicated they share 50 years of combined experience in serving the citizens of Weld County and
they appreciate the honor in recognizing National Adoption Day. Chair Garcia commended each of
them for all of their hard work, and commented that although he wishes the adoption process were
easier, he recognizes the system must also work to protect the children and the rights of the parents.
Commissioner Rademacher concurred and thanked them for all of their work.
Minutes, November 18, 2009
Page 1
2009-3049
BC0016
STATEMENT OF SUPPORT FOR GUARD AND RESERVE - NOVEMBER 2009: Chair Garcia called
forward Vern Crow, Captain L.G. Duncan, and John Clarke, as well as the various employees that also
serve in the National Guard and Reserve. He read the certificate proclaiming the Board's Statement of
Support for Guard and Reserve members and also called out the names of each of employees and
which branch of service they represent. Following audience applause to honor the service of the
recognized employees, Vern Crow stated he, along with Mr. Duncan and Mr. Clark, is a volunteer with
the Department of Defense on the Colorado Committee for Employer Support of the Guard and
Reserve (ESGR). He stated, since 1940, the nation has recognized re-employment rights for service
members returning from duty; however, in 1994, the Uniform Services Employment and
Re-employment Act (USERA) was enacted and the role of ESGR increased significantly. Mr. Crow
explained approximately 4,000 individuals serve the 50 States and four territories to help ease the
process of service members returning to their regular employment. He explained they understand this
requirement is often difficult for employers who have filled the vacant position in their absence. He
stated the Colorado National Guard has approximately 900 troops mobilized at various places around
the world, and nation-wide there are more than 136,000 Guardsmen and Reservists that are serving in
all parts of the world. He further stated the Guard and Reserve make up more than 50 percent of the
military forces currently serving our country, and that is why he is here to support them. Captain
L.G. Duncan stated he always enjoys recognizing and thanking the employers which support the Guard
and Reserve members who are being asked to step up and serve more now than they have had to in a
long time. Mr. Clarke stated his son is currently serving in Iraq, and as a member of the Guard he truly
understands what service members do and he can't thank them enough for all that they do to preserve
the freedoms enjoyed in the United States of America.
Ruben Hernandez, Colorado Air National Guard and employee of the Department of Human Services,
thanked Weld County and the Board for recognizing military members and encouraged their continued
support recognizing the current military operations tempo has increased tremendously and the standard
three-week training is no longer adequate. He stated although the increased operations do take
workforce time away from civilian employers, the employees, in return, give back their services to the
State or the Nation, depending on their military orders. Lastly, he thanked the Weld County
Department of Human Services and the families who really take the brunt when service members are
training or deployed.
Troy Swain, Army National Guard and employee of the Department of Public Health and Environment,
concurred with the previous comments and stated as a member of the National Guard, he is really
looking forward to the new facilities in Weld County where they know the public supports their efforts.
He also encouraged the members of the Board to consider attending the ceremony that is held when
their employees are returning from duty. He stated it would be real encouragement to all of the service
members to be recognized by their local government representatives just prior to being reunited with
their families.
Commissioner Rademacher stated the National Guard and Reserve are the unsung heroes of the
nation's military and he truly appreciates all they do. He stated he lives near a National Guard and
Reserve maintenance facility and their presence does provide an additional sense of security.
Commissioner Conway thanked each of the members and their families for their service and sacrifice.
Commissioner Kirkmeyer concurred and added that she previously served as the acting Director of the
Colorado Division of Emergency Management, and she has a true understanding and appreciation for
the value and benefit that the Guard brings during times of disaster relief. She stated the Guard and
Reserve have been called on numerous times locally and nationally and they always provided a strong,
reliable, and professional presence during times of local disaster, as well as in times of war. Chair
Garcia concurred with all of the previous statements and stated the tradition of military volunteers goes
back to the Roman Republic, and he thanked all who came to celebrate those who serve our country
and protect our freedoms.
Minutes, November 18, 2009 2009-3049
Page 2 BC0016
COMMISSIONER COORDINATOR REPORTS: Commissioner Rademacher recognized Ken
Swanson, newly hired Building Official, as well as thanked Roger Vigil for his service as the Interim
Building Official.
Commissioner Conway stated Commissioners Rademacher and Kirkmeyer recently met with the 1-25
Mayors and discussed several projects. He stated the group is also looking forward to Chair Garcia's
census presentation. He commented there was also a presentation regarding the Northern Integrated
Supply Project (NISP) and there is strong support among the 1-25 Mayors in terms of this project.
BIDS:
APPROVE BID #B09000130, ON -SITE CLINIC - DEPARTMENT OF FINANCE: Monica Mika, Director
of Administrative Services, stated this bid was presented to the Board on November 4, 2009, and today
she would like to request a continuance until December 21, 2009, to allow time for additional review to
ensure staff is prepared to present a complete recommendation. She stated staff is reviewing five
proposals which are very complex, and staff is also planning to tour as many local facilities as possible
to review the vendors' previous work. In response to Chair Garcia, Ms. Mika stated the money to fund
the clinic is already set aside in the existing budget, and the Board will be able to approve supplemental
appropriations to accommodate any variations in cost. Responding to Commissioner Conway,
Ms. Mika stated she anticipates the current amount in the Budget will be adequate; however, she
cannot provide an exact cost because they have not yet selected a vendor. Commissioner
Rademacher moved to continue said bid proposal to December 21, 2009. Commissioner Conway
seconded the motion, which carried unanimously.
NEW BUSINESS:
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-14, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read Code Ordinance #2009-14
by title only. Seconded by Commissioner Conway, the motion carried unanimously. Bruce Barker,
County Attorney, read said title for the record and stated no changes have been proposed since First
Reading. No public testimony was offered concerning this matter. Commissioner Rademacher moved
to approve Code Ordinance #2009-14 on Second Reading. Commissioner Kirkmeyer seconded the
motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #416 - SHAFFER TRUCKING, INC.: Kim Ogle, Department of Planning Services, stated the
Department of Public Works inspected the site and determined that all transportation improvements are
complete. He further stated the Department of Planning Services conducted two site inspections and
found all non -transportation improvements complete, therefore, staff recommends full release of the
collateral, in the amount $10,440.00. Rich Hastings, Department of Public Works, concurred. In
response to Commissioner Rademacher, Mr. Hastings stated the Public Works items dealt with on -site
drainage, as no off -site maintenance was involved. Commissioner Rademacher moved to cancel and
release said collateral, as recommended by staff. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
FIRST READING OF WELD COUNTY CODE ORDINANCE #2009-12, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS,
OF THE WELD COUNTY CODE: Roger Vigil, Department of Building Inspection, stated he has met
with the Board in a work session regarding the proposed changes, and had meetings with the Building
Trades Advisory Committee and the Planning Commission. He noted the Planning Commission did
recommend a change, which he will review later in his presentation. Mr. Vigil stated the amendments
Minutes, November 18, 2009 2009-3049
Page 3 BC0016
are being proposed to provide minimum requirements and inspections of the Swimming Pool, Spa, and
Hot Tub Code, and the two specified amendments will include the ANSI Standard for suction
entrapment avoidance, and also make reference to the International Plumbing Code, rather than the
Uniform Plumbing Code. He mentioned the 2009 International Building and Residential Codes will
have the ANSI Standard, which is the federal requirement for suction entrapment; however, because
Weld County has not adopted the 2009 Codes, he felt it was appropriate to include the Standard at this
time. In response to Commissioner Rademacher, Mr. Vigil stated the building inspectors do have the
necessary certifications to conduct inspections in accordance with the referenced amendments and
updated Code citations. Following discussion regarding the format of the draft Ordinance document,
Mr. Vigil continued his presentation regarding the proposed addition of Section 29-2-30.W regarding
Part VIII, Electrical, in the National Residential Code. He explained the International Residential Code
and the National Electric Code have overlapping revision cycles, therefore, the proposed language will
ensure the present adopted National Electric Code is adhered to when inspecting residences. In
response to Commissioner Kirkmeyer, Mr. Vigil stated the Building Trades Advisory Committee did not
express any concerns with including language that automatically updates the County Code to reflect
the current National Codes. Responding to Commissioner Conway, Mr. Vigil explained when the
County adopted the 2006 International Residential Code, it included the 2005 National Electrical Code,
additionally, the 2008 National Electric Code included various requirements that were not part of the
2005 National Electric Code, which essentially results in having two different codes in effect at the
same time. He further stated the proposed amendment is intended to ensure that any time the National
Electric Code is adopted, it will fall back and replace whatever is in the International Residential Code,
so that the electrical code is always up to date, regardless of which Residential Code the County is
operating under. He reiterated the various Codes are separated by a three-year revision cycle.
Regarding Section 29-8-40, Mr. Vigil read the language as recommended by the Planning Commission;
however, upon expiration of a permit, staff supports the requirement of obtaining a new permit and
payment of the full building permit fees. Commissioner Kirkmeyer requested a work session to review
this matter prior to the next reading, and indicated she is not sure she supports the idea of initiating the
violation process over an expired building permit. Mr. Vigil stated the proposed change is intended to
close a loop hole for permit holders who have previously been able to obtain various permits without
completing the work. No public testimony was offered concerning this matter. Commissioner
Kirkmeyer moved to approve Code Ordinance #2009-12 on first reading, with the understanding that
there will be a work session prior to second reading. Seconded by Commissioner Conway, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2009-14 was approved on Second Reading, and Code
Ordinance #2009-12 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.
Minutes, November 18, 2009 2009-3049
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT tA3OLORADO
ATTEST:
Weld County Clerk to the Board
BY: ��C4hm
Deputy Clark to the Board
Pr. -Tern
EXCUSED DATE OF APPROVAL
Sean P. 9bnway
Barbara Kirkmeyer
EXCUSED
David E. Long
Minutes, November 18, 2009 2009-3049
Page 5 BC0016
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