HomeMy WebLinkAbout20091722.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 27, 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 27, 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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 22, 2009, as printed. Commissioner Long seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on July 22, 2009, as follows: 1) 3rd AmUSR #1282 - John and Dorothy Johnson; 2)
USR #1696 - Manuel and Anita Balderas; and 3) USR #1701 - Hadley Barrett and Lee Brenner -Barrett.
Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda. (Clerk's Note: Refer to
Commissioner Coordinator Reports for Commissioner Conway's comments.)
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the remodeling of the Plaza
West Courthouse is complete and the judges are in the process of moving into their new chambers. He
stated there will be a public open house held on August 12, 2009, from 4:30-6:00 p.m., and he invited all
of Weld County's citizens to attend and view the new courtroom facilities.
BIDS:
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PRESENT 2009 TRASH BID, BID #B0900143 - DEPARTMENT OF BUILDINGS AND GROUNDS: Barb
Connolly, Controller, stated four vendors have submitted a bid, and said bid will be presented for approval
on August 10, 2009. In response to Commissioner Rademacher, Ms. Connolly stated the service is
currently provided by Gallegos Sanitation, Inc. Responding to Chair Garcia, Ms. Connolly stated this bid
does not include shredding or recycling services.
NEW BUSINESS:
CONSIDER APPOINTMENT OF DELEGATE ON PROXY FOR VOTING STOCK REGARDING
PROPOSED ADDITION TO RURAL DITCH COMPANY BY-LAWS AND AUTHORIZE CHAIR TO SIGN:
Bruce Barker, County Attorney, stated typically Steve Nguyen, P.E., Clear Water Solutions, Inc., attends
these types of meetings, and the Resolution will appoint the delegates on the proxy for voting stock for the
Rural Ditch Company. Commissioner Conway moved to approve the appointment of Mr. Nguyen, Greg
Nelson, Department of Public Works, and Mr. Barker as the delegates on said proxy and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER ADDENDUM #14 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -
COLORADO TECHNICAL SERVICES, INC. (CTSI): Don Warden, Director of Finance and Administration,
stated this is an amendment to the agreement the County has with Colorado Technical Services, Inc.
(CTSI), for the third party administration of workman's compensation claims, for the upcoming year. He
stated the amendment is typically considered this time of year, in order to budget for the agreement, and
this year the cost will be $34,551.00, which is a two percent increase. In response to Chair Garcia,
Mr. Warden stated the same scope of services will be included in the addendum; however, there are more
specific details regarding medical case management than in the past, due to additional State statute
requirements. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
SECOND READING OF WELD COUNTY CODE ORDINANCE #2009-7, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE
WELD COUNTY CODE: Commissioner Rademacher moved to read Ordinance #2009-7 by title only.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the Ordinance
into the record, and stated the Ordinance is regarding changes to the sick leave bank.
Trevor Jiricek, Department of Public Health and Environment, stated there was a change suggested by
Commissioner Conway at the first reading, for monthly reports to be provided to the Sick Leave Bank
Board from the Department of Human Resources, which has been included in the second reading.
In response to Chair Garcia, Patti Russell, Director, Department of Human Resources, stated there is also
a change in the language in B.3.b., which has been updated to read "apply", rather than "make
application".
There was no public input.
Commissioner Kirkmeyer moved to approve Ordinance #2009-7, on second reading. Seconded by
Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW #1444
- SW CHAMBERS, LLC, DBA HEIT FARMS GRAVEL PIT: Rich Hastings, Department of Public Works,
recommended the final release of the collateral being held for Use by Special Review (USR) #1444.
Mr. Hastings stated the site was formerly the Heit Farms Gravel Pit, it is now being leased and operated
by Pioneer Sand and Gravel, and it is located on County Road 25 and north of County Road 18. He stated
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the collateral is for an overlay project on County Road 25 and north of County Road 20.5, which SW
Chambers, LLC, contracted Premier Paving, Inc., to complete. He stated there will continue to be issues
concerning the road for the lifetime of the Pit, due to the heavy traffic it generates; however, SW
Chambers, LLC, will be obligated to perform the necessary repairs, as a result of the Long Term Road
Maintenance and Improvements Agreement. He reiterated the full release of the collateral is
recommended, which is in the amount of $90,000.00. Commissioner Conway moved to approve said
cancellation and release of collateral for Use by Special Review #1444. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT#686 - MILE HIGH DAIRY,
LLC, AND MARTIN BANGMA AND JOHANNA BANGMA 1989 TRUST: Mr. Hastings stated the
Department of Public Works has no questions regarding this matter; however, he does not know any of
the project details. Mr. Barker stated the improvements agreement appears to be for fencing and
landscaping. Commissioner Rademacher indicated he would like to continue the matter in order to confirm
the improvements have been completed. Mr. Barker clarified the Board is considering accepting the
collateral and agreement at this time; not releasing any collateral. Commissioner Rademacher moved to
approve said agreement, authorize the Chair to sign, and accept said collateral for Use by Special Review
Permit #686. 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.
There being no further business, this meeting was adjourned at 9:18 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD 75OLORADO
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Weld County Clerk to the
BY
Deput lerk to the Boar
William F. Garcia, Chair
Minutes, July 27, 2009
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2009-1722
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