HomeMy WebLinkAbout20091563.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 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, July 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 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, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of July 6, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance # 2009-7 by
tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway gave a brief explanation of the
fiscal situation for the State of Colorado, and stated the recent testimony provided indicates drastic
financial cuts will be necessary next year, which will impact County government services. He further stated
recent reports have indicated that the State is anticipating an $890 million deficit next year; however, an
independent analysis has recently concluded the deficit will be in excess of $1.1 billion. He confirmed the
Fiscal Stability Commission will meet again on July 28 and 29, 2009, to discuss suggestions and ideas.
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.
2009-1563
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BC0016
BIDS:
APPROVE BID #B0900036, TANDEM TRUCK TRACTORS WITH WET KITS - DEPARTMENT OF
PUBLIC WORKS (CON'T FROM 7/6/09): Monica Mika, Director of Administrative Services, stated the
Department of Public Works recommends that the low bid from Transwest Trucks be rejected, as the bid
did not meet the minimum specifications for horsepower. She further stated the Department recommends
acceptance of the second low bid from MHC Kenworth, for a total of $209,363.00. Commissioner
Rademacher moved to approve said bid, based upon staffs recommendation. Seconded by
Commissioner Conway, the motion carried unanimously.
APPROVE BID#B0900037, TANDEM TRUCK WITH HOISTAND FLATBED - DEPARTMENT OF PUBLIC
WORKS (CON'T FROM 7/6/09): Ms. Mika stated the Department recommends acceptance of the low bid
from Transwest Trucks, in the amount of $106,211.00. Commissioner Rademacher moved to approve
said bid, based upon staffs recommendation. Seconded by Commissioner Long, the motion carried
unanimously.
APPROVE BID #B0900039, TANDEM AXLE DUMP TRUCK - DEPARTMENT OF PUBLIC WORKS
(CON'T FROM 7/6/09): Ms. Mika stated the Department recommends acceptance of the fifth low bid from
MHC Kenworth, with the option of the OJ Watson plow, in the amount of $152,512.00. She confirmed the
four lowest bids did not meet the required specifications, and the concerns of the Department have been
delineated within the letter provided, dated July 7, 2009. Commissioner Long moved to approve said bid,
based upon staff's recommendation. Seconded by Commissioner Rademacher, the motion carried
unanimously.
APPROVE BID #B0900041, QUAD AXLE PUP TRAILER - DEPARTMENT OF PUBLIC WORKS (CON'T
FROM 7/6/09): Ms. Mika stated the Department recommends that the low bid from Transwest Trucks be
rejected, as the bid did not meet the required specifications. She further stated the Department
recommends acceptance of the second low bid from Kois Brothers Equipment, in the amount of
$50,177.00. She clarified the purchase of two trailers was originally anticipated; however, the Department
will only purchase one trailer at this time. In response to Commissioner Rademacher, Pat Persichino,
Director, Department of Public Works, explained the bid from Transwest Trucks was for a used 2006
model, which was already showing considerable wear. He confirmed the Department is not typically
against purchasing used equipment; however, this used equipment would require considerable
modification and would not have been a good deal. Commissioner Rademacher moved to approve said
bid, based upon staff's recommendation. Seconded by Commissioner Conway, the motion carried
unanimously.
APPROVE BID #B0900043, 55 TON HYDRAULIC FOLDING DOUBLE DROP DECK TRAILER -
DEPARTMENT OF PUBLIC WORKS (CON'T FROM 7/6/09): Ms. Mika stated the Department
recommends that the two lowest bids, from Holden Industries, Inc., and MacDonald Equipment Company,
be rejected, as they did not meet the required specifications. She stated the Department recommends
acceptance of the third low bid from Transwest Trailers, in the amount of $71,111.11. Commissioner
Conway moved to approve said bid, based upon staffs recommendation. Seconded by Commissioner
Rademacher, the motion carried unanimously.
APPROVE BID #B0900044, MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS (CON'T FROM
7/6/09): Ms. Mika stated the Department recommends acceptance of the low bid from Wagner Equipment,
for the purchase of three motorgraders, in the amount of $569,268.00. Commissioner Conway moved to
approve said low bid, and seconded by Commissioner Kirkmeyer, the motion carried unanimously.
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Page 2 BC0016
APPROVE BID #60900120, 2009 CURB AND GUTTER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated the Department will provide concrete repair on County Roads 5.5, 7, and 48, and within the parking
lot at 1950 O Street. She confirmed the Department recommends acceptance of the low bid from Thoutt
Brothers Contractors, Inc., in the amount of $14,692.80. Commissioner Rademacher moved to approve
said low bid. Seconded by Commissioner Long, the motion carried unanimously.
OLD BUSINESS:
CONSIDER APPLICATION FOR JUVENILE ACCOUNTABILITY BLOCK GRANT AND AUTHORIZE
CHAIR TO SIGN (CON'T FROM 7/06/09): Ms. Mika stated the Board previously requested additional
information regarding the application, therefore, the matter was continued to today. She indicated Weld
County has sponsored this particular grant application for numerous years, which provides funds to support
behavioral health services for juveniles provided by North Range Behavioral Health (NRBH) and the
19th Judicial District Probation Department. She stated the total amount of grant funds requested is
$20,536.00, of which $2,282.00 will be a match from NRBH. Commissioner Conway moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 80 AT CR 71: Janet Carter,
Department of Public Works, stated the Department is requesting the installation of Stop signs at the
intersection of County Roads 80 and 71. She indicated there are rolling hills in the area and the
intersection is located within a low point, which causes sight distance issues. She stated the traffic will be
stopped on County Road 80, as it approaches County Road 71. In response to Commissioner
Rademacher, Ms. Carter confirmed advanced warning signs will be placed at the intersection, indicating
a Stop sign is ahead, and the Stop signs will be flagged when first installed. She confirmed the traffic
traveling within the immediate area has been cautious around the intersection, since it is uncontrolled.
Commissioner Rademacher moved to approve said installation of traffic control devices. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 12 BETWEEN CRS 29.5 AND 31: Ms. Carter stated County
Road 12, between County Roads 29.5 and 31, will be closed from July 20, 2009, to August 4, 2009, for
a bridge replacement. She indicated the detour route will be treated with magnesium chloride, to control
dust, and the average daily traffic count, taken in 2008, was approximately 229 vehicles. She further
indicated standard road signs and barricades will be utilized, and she confirmed irrigation water will be
shifted as the canal is constructed, therefore, there will be no negative impacts. Chair Garcia indicated
the memorandum provided indicates the closure will take place until September 4, 2009, and Ms. Carter
confirmed the correct dates of closure are from July 20, 2009, to September 4, 2009. Commissioner
Kirkmeyer moved to approve said temporary closure. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CR 61 AND SH 392: Ms. Carter stated
County Road 74, between County Road 61 and State Highway 392, will be closed from July 20, 2009, to
October 30, 2009, for a road construction project. She indicated County Road 74 will be upgraded from
a gravel road to a paved road, and message boards will be utilized to warn motorists in advance. She
stated magnesium chloride will be utilized along the detour route for dust control, and the average daily
traffic count, taken in 2007, was approximately 348 vehicles. Commissioner Rademacher moved to
approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 46 BETWEEN CR 25 AND SH 60: Ms. Carter stated
County Road 46, between County Road 25 and State Highway 60, will be closed from July 20, to July 23,
2009, for a culvert replacement and the placement of a new irrigation pipe. She indicated the detour route
Minutes, July 13, 2009 2009-1563
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will be treated for dust suppression, and the average daily traffic count, taken in 2008, was approximately
251 vehicles. Commissioner Conway moved to approve said temporary closure. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CR 19 AND SH 257: Ms. Carter stated
County Road 72, between County Road 19 and State Highway 257, was closed on an emergency basis
from July 6, to July 9, 2009, for the replacement of a collapsed culvert. She confirmed the pipe has been
replaced, the entire detour route was paved, and the road has been reopened. Commissioner Conway
moved to approve said temporary closure. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 4 BETWEEN CRS 15 AND 17: Ms. Carter stated County
Road 4, between County Roads 15 and 17, will be closed from July 13, to July 16, 2009, for the
replacement of a culvert. She indicated water will be utilized for dust control on the detour route.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 7 BETWEEN CRS 5.5 AND 28: Ms. Carter stated County
Road 7, between County Roads 5.5 and 28, will be closed by Asphalt Specialities, to upgrade the existing
gravel road and for constructing a corner at the intersection of County Roads 7 and 26. In response to
Commissioner Rademacher, Ms. Carter confirmed the company will work with surrounding property owners
to ensure adequate access. Responding to Commissioner Conway, Ms. Carter indicated the closure will
be from July 13, 2009, to July 24, 2009. Commissioner Kirkmeyer moved to approve said temporary
closure. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DEAN AND LYNN JUHL:
Christopher Woodruff, Assessor, stated the petition requests an adjustment for tax year 2008. He
indicated the land was valued at the 29 percent assessment rate as vacant; however, the property should
have been reclassified as residential, due to the new construction on the parcel. He stated the correction
to the assessed valuation is in the amount of $94,680.00, which creates a refund in the amount of
$10,760.77. No public testimony was provided concerning the matter. Commissioner Rademacher moved
to approve said petition, based upon the recommendation of the Assessor. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER ASSESSED VALUATION OF ALL TAXABLE PROPERTY AND MASTER PROTEST LOG -
REAL AND PERSONAL PROPERTY: Mr. Woodruff stated he is present to report the taxable assessed
valuation of the County, as required by Section 39-8-105(1) and (2), C.R.S., to provide a master protest
log of property owners who have protested their property values, and to provide a listing of property owners
who have failed to file personal property declaration schedules by the required date. He stated the total
valuation on the assessment role will be presented after the protest period has passed, and the total
taxable value is $5,793,739,880.00; however, Board of Equalization hearings have not yet been held and
must be completed before August 5, 2009, and the total includes only preliminary figures for the
State -assessed values. He clarified the final values will be received from the Colorado Tax Administrators
Office by August 25, 2009, at which time the overall certification of value will be formally certified, and the
final certification of value will be presented on December 1, 2009, for the purpose of the certification of the
mill levies and the preparation of the tax roll, which will be delivered to the Treasurer's Office on
January 10, 2010. Mr. Woodruff indicated staff knew values would drop in some classes of property, and
the valuation of vacant land did decline, as expected, due to reductions in market value and lack of activity
in the market. He further stated residential values were based upon the market values from June 30, 2006,
to June 30, 2008, and many residential values declined, with an overall reduction of nine percent. He
clarified some portions of the County retained strong market value, therefore, some values actually
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appreciated, and he reiterated the current market values will be considered during the 2011 re -appraisal.
He indicated commercial values increased by nine percent, primarily because commercial properties were
not experiencing the same type of market as residential properties. He further indicated industrial values
increased, due in part to the full valuation of the Vestas facility within the Town of Windsor. He stated
agricultural values increased by four percent, primarily due to the change in the ten-year average, which
was figured at a rotation of 50 percent hay and 50 percent corn, in order to stay in line with the statistics
used for auditing purposes. He further stated natural resources, primarily sand and gravel, increased
slightly, due to production levels, and oil and gas increased a large amount, from $1.7 billion to $2.8 billion,
which is a record price. He indicated the values were verified and representatives of the large companies
confirm this increase is most likely a one-year bump, and values are expected to decrease next year. He
clarified the oil and gas prices crashed at the end of year 2008; however, they have recovered a bit so far
in the year 2009.
Mr. Woodruff stated the State -assessed values increased eleven percent, due in part to the additional
pipelines installed and the full valuation from the wind farm near the Town of Grover. He clarified the wind
farm only had a partial valuation the previous year, as the facility was only operational a few months out
of the year. He stated, overall, Weld County has experienced a 29.6 percent increase in taxable assessed
value for 2009, and a shift occurred from personal property to real property. In response to Commissioner
Kirkmeyer, Mr. Woodruff confirmed other counties are also experiencing a one-year bump for oil and gas
valuations; however, drilling activity is now down, as well as permits, and it is expected for counties
statewide to experience a drop for the next year. Further responding to Commissioner Kirkmeyer,
Mr. Woodruff confirmed most of the State -assessed values are for personal property, since many utility
companies have realized that if personal property becomes fully exempted within the State of Colorado,
more than 80 percent of the property values may be exempted. He confirmed the impact of removing the
business personal property tax will affect the State -assessed increments. Commissioner Kirkmeyer
indicated Commissioner Conway is now a member of the Fiscal Stability Committee, and many taxpayers
do not understand the impact of removing personal property tax. In response to Commissioner Conway,
Mr. Woodruff indicated it is anticipated that commercial values will drop substantially, more than 10 to 15
percent, due to the number of vacancies, loss of revenue, and the lack of building within the County. He
confirmed there are no new businesses to fill the existing buildings vacated by previous companies.
Mr. Woodruff stated a total of 5,170 cases were protested to the Assessor, which is a standard amount
for a re -appraisal year, and is approximately five percent of overall parcels. He confirmed there are many
subdivisions with vacant lands, due to the collapse of the market, therefore, developers are seeking
reduced values. He indicated 4,798 protests were filed for real property, of which 46 percent were
adjusted, and 54 percent were denied. He further indicated 372 protests were filed for personal property,
which includes oil and gas accounts, of which 58 percent were adjusted, and 42 percent were denied. He
confirmed this has been a typical re -appraisal; however, many property owners are confused about the
timing of the market, and question why current selling prices are not being utilized. He stated 1,865
personal property declarations were not filed this year, which is approximately 24 percent of the overall
personal property. He confirmed approximately 400 accounts were lost this year since the minimum
amount was raised from $2,500.00, to $4,000.00, and staff will work with those who did not file a
declaration schedule to try and update the rolls as accurately as possible. Commissioner Kirkmeyer
moved to accept said assessed valuation and master protest log. Seconded by Commissioner Conway,
the motion carried unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR BELLA ROMERO
SIDEWALK PROJECT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated the application will be
submitted, and a Public Hearing regarding the project will take place on August 10, 2009. In response to
Commissioner Kirkmeyer, Ms. Mika indicated $50,000.00 will be provided from the General Fund as a
match; however, these funds will only be available forthe installation of the portions of the sidewalk located
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within unincorporated Weld County. She confirmed staff is working with the City of Greeley and School
District 6, regarding alignment of other portions. Further responding to Commissioner Kirkmeyer, Ms. Mika
indicated she is not sure if the City of Greeley is willing to utilize Community Development Block Grant
(CDBG) funds, and staff is hoping to work with City officials regarding right-of-way issues within the
immediate vicinity, and she is hopeful that this project will serve as a catalyst for the revitalization of the
neighborhood. She further stated an Intergovernmental Agreement (IGA) is not in place at this time, this
project is not defined as a capital improvement project, and there has been no commitment of funds by
the City of Greeley at this time. Responding to Commissioner Conway, Ms. Mika indicated the County will
be able to construct approximately one mile of sidewalk, which will be beneficial to the neighborhood;
however, pedestrian connections to other areas will still be lacking. She further indicated the funds to be
utilized for this project were initially proposed to come through funds received for the courthouse
revitalization; however, the County decided to seek energy enhancements for County buildings, and all of
the available funds were utilized. She explained since the County had made the commitment to this
project, it was deemed necessary to seek additional grant funds.
Commissioner Kirkmeyer expressed her concerns regarding the City of Greeley not coming forward and
committing to funds for this project, and she questioned why the County is moving forward with the project
In response, Elizabeth Relford, Department of Public Works, stated staff has communicated with staff
members at the City, to see if the application process has commenced, and she is not sure if City staff has
discussed the project with the elected officials. Chair Garcia confirmed this project was discussed at the
last meeting held regarding Bella Romero, and Greg Flebbe, City of Greeley Planning Department, was
present at the meeting. Commissioner Kirkmeyer expressed her concerns regarding County staff being
in contact with City staff, and the elected officials not being involved. Don Warden, Director of Finance
and Administration, stated the CDBG funds for the City of Greeley are committed for a period of five years,
and the City has already promised projects to residents which most likely will not happen for over five
years. He confirmed it is difficult for the City to move forward swiftly with a new proposed project.
Responding to Commissioner Conway, Ms. Mika indicated approval of this project by the County will not
necessarily affect the priority list for the City of Greeley; however, approval of the application will make it
apparent that the County is following through on the commitment made to the neighborhood. Mr. Warden
indicated the City may be able to utilize Quality of Life funds to move forward with the project. Ms. Relford
confirmed City planning staff mentioned the use of these funds to move forward with this project.
Commissioner Long expressed his support for the project, independent of the commitment to be made by
the City of Greeley. He further expressed concerns regarding the quality of the IGA with the City.
Commissioner Kirkmeyer expressed her concerns regarding the City coming forward to work with the
County and completing the commitment previously made. She confirmed the City has been promoting this
project; however, they have not provided any support or funding for the project, even though the City has
a direct access to funds. Commissioner Conway indicated he supports approval of the Resolution, which
will allow the County to provide leadership on this project and will force the City to provide action. Ms. Mika
indicated the City Council members will be invited to attend the Public Input hearing, and she will request
that a representative provide comments at that time. Commissioner Conway moved to approve said
application and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer.
Commissioner Conway indicated he understands that conversations have taken place; however, the City
needs to follow up on their commitment. There being no further discussion, the motion carried
unanimously.
CONSIDER COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR INTRADO/TIBURON
ZOLL (EMERGENCY SERVICES SOFTWARE) PROJECT AND AUTHORIZE THE CHAIR TO SIGN:
Ms. Mika stated these grant funds have been earmarked to interface outcomes of the Tornado, and funds
have been set aside to study tornado activities and enhancements to the communication system. She
indicated the funds will be utilized to acquire two additional types of software, which will assist the Regional
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Communications Center, including a direct interface of the E911 system to the Weld County Paramedic
Service. She confirmed the total amount of the grant is $282,000.00, and there is no County match
required. Commissioner Kirkmeyer requested that the reference to the "tornado in Windsor, Colorado"
within the application materials be modified to "tornado within Weld County." Commissioner Rademacher
moved to approve said application and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT CONTRACT FOR COUNTY
ROAD 49 PROJECT AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated the grant funds, awarded from
the Tier One application, will be utilized for the County Road 49 Overlay Project, and the total amount of
the grant is $413,320.00, with a local match of $213,320.00, and a match from the Colorado Department
of Local Affairs of $200,000.00 She stated the Department of Public Works is ready to more forward with
the project. Commissioner Long moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PROPOSAL FOR ENGINEERING AND SURVEYING SERVICES FOR WELD COUNTY
TRAINING CENTER AND AUTHORIZE CHAIR TO SIGN - DREXEL, BARRELL AND CO.: Ms. Mika
stated the proposal is for the completion of the Site Plan Application to the City of Greeley for the Training
Center site. She confirmed the proposal is not an official bid, since the total amount is under $10,000.00;
however, she wanted to ensure the Board was aware of this. Commissioner Kirkmeyer moved to approve
said proposal and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
CONSIDER 2009-2010 BUDGET PROPOSAL SUMMARY FOR COLORADO SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM NUTRITION EDUCATION (SNAP-ED)/FOOD ASSISTANCE
NUTRITION EDUCATION (FANE) PROGRAM AND AUTHORIZE CHAIR TO SIGN -COLORADO STATE
UNIVERSITY: Wendy Harper, FANE Educator, stated the summary was discussed in detail during a
previous work session, and now approval by the Board is requested. Commissioner Rademacher moved
to approve said budget proposal summary and authorize the Chair to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENTANDAUTHORIZE CHAIR TO SIGN - WILD WEST
CATTLE, LLLP: Bruce Barker, County Attorney, stated the agreement is for the youth rodeo which will
take place during the Weld County Fair, on July 31, 2009. He confirmed the company must provide
adequate insurance for the event, and this is the second year the County has entered into an agreement
with this company. He further confirmed the Weld County Fair Board has recommended approval of the
agreement. Commissioner Conway expressed his concerns regarding the recent fatal injury which
occurred during a youth rodeo in Boulder County, and in response, Mr. Barker reiterated the company has
provided adequate insurance coverage to sufficiently cover any accidents which may occur. In response
to Chair Garcia, Commissioner Conway indicated he is not aware of which company was in charge of the
youth rodeo for Boulder County. Commissioner Conway moved to approve said agreement and authorize
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PROFESSIONAL SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - DWIGHT
ARNOLD ROUND -UP ENTERPRISES: Mr. Barker stated this agreement is similar, and it is for an open
team roping competition during the Weld County Fair. He confirmed the same insurance provisions are
included with this agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER RECOMMENDATION OF APPOINTMENTS TO JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Conway moved to accept said recommendation of appointments to the
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Juvenile Services Planning Committee, as listed within the Resolution. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER REAPPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Conway
moved to reappoint Charles Archibeque to the Community Corrections Board, with a term to expire
August 1, 2012. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER 600 FOOT WELL SPACING STATEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY: Clay Kimmi, Department of Public Works, indicated the statement is a consent from the City
of Greeley for the proposed Island Grove Gravel Pit. He stated the County has two outstanding water
rights issues with the City of Greeley, and the other outstanding issue is with the dust control near the
Town of Briggsdale, of which the County is waiting for the City to approve the lease agreement with the
New Cache Ditch Company. He clarified a signature on this statement is required by the State Engineer's
Office anytime an application is made for a non-exempt well, and due to changes in policy at the State
level, the City of Greeley is required to obtain a new well permit. He further clarified approval must be
provided by the County since the well is located within 600 feet of the Geiser Pit, and the water rights
attorney utilized by the County recommends approval.
Katie Wiktor, City Attorney's Office, indicated the County has previously signed the consent form, and a
new well permit for the same well must be re -submitted. In response to Commissioner Rademacher,
Mr. Kimmi clarified the other outstanding water rights issue will be resolved by the end of this week. Ms.
Wiktor indicated the City has now reviewed the agreement, and she confirmed the matter should be
resolved by the end of the week. Responding to Commissioner Conway, Mr. Barker clarified the two water
rights issues do not have anything in common, therefore, it does not make sense to grant approval of this
request conditional upon completion of the other. He recommended the matters be considered separately,
as this item is a requirement of the State Engineer's Office. Commissioner Rademacher moved to approve
said statement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
FIRST 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: Trevor Jiricek, Department of Public Health and Environment, and President of the Sick
Leave Bank Board, introduced the other members of the Sick Leave Bank Board (SLBB) present, including
Francie Collins, Paul Wood, and Wendy Paris. In response to Chair Garcia, Mr. Jiricek gave a brief
summary of the proposed changes to the Weld County Code, which were prompted by the six concerns
previously raised by the SLBB . He clarified the concerns included: the SLBB awarding more hours than
were being collected; employees being allowed to join the bank at any time after one year of employment,
after only donating for one full pay period; the SLBB members not being given information regarding an
employee's disciplinary action regarding abuse of sick leave privileges; the Code language being too liberal
regarding the time frame for the benefits to be utilized; the Bank not maintaining a record of the hours
banked by employees; and the requests for sick leave time due to childbirth rapidly depleting the banked
hours, therefore, a need exists to limit the usage of sick leave time for maternity leave. In response to
Commissioner Conway, Mr. Jiricek indicated the SLBB will now be made fully aware of the hours available,
as referenced in Section 3-6-30.B.3.n, of the Weld County Code.
Patti Russell, Director, Department of Human Resources, indicated the Department will provide a report
to the SLBB members on a monthly basis. In response, Commissioner Conway requested that the
language be modified to indicate a monthly accounting of overall hours available will be given to the
members of the SLBB. He further expressed his appreciation of the members of the SLBB and
Ms. Russell for their dedication, and he indicated it is important for the members of the SLBB to have the
necessary information to make decisions regarding the usage of sick leave bank hours. Mr. Jiricek
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Page 8 BC0016
requested an addition to Section 3-6-30.B.3.n to state, "...and report to the Board of the Sick Leave Bank
on a monthly basis." The Board concurred with the modification, as requested. No public testimony was
provided concerning the matter. Commissioner Kirkmeyer moved to approve Ordinance #2009-7 on first
reading, with the modification as previously described. Seconded by Commissioner Conway, the motion
carried unanimously.
PLANNING:
CONSIDER APPOINTMENT OF KIM OGLE AS INTERIM DIRECTOR OF DEPARTMENT OF PLANNING
SERVICES AND WELD COUNTY BUILDING OFFICIAL: Mr. Barker indicated the Resolution confirms
the appointment of Kim Ogle as the Interim Director of the Department of Planning Services and as the
Weld County Building Official. Commissioner Rademacher moved to approve said appointment.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR ON -SITE IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE
BY SPECIAL REVIEW #1676 - VESTAS BLADES AMERICA, INC.: Mr. Ogle stated staff has received
collateral, in the amount of $8,499,191.70, from Vestas Blades America, Inc., for the required on -site
improvements for the new Brighton facility. He clarified the items covered within the Improvements
Agreement include landscaping, paving, lighting, signage, and traffic control, and staff has confirmed the
amount of collateral is sufficient. Commissioner Kirkmeyer indicated she was under the impression that
the City of Brighton had annexed the property. Mr. Barker clarified the annexation will be official on
July 22, 2009, and the City of Brighton has been named as a successor of this agreement. He confirmed
the appropriate officials have reviewed the terms of the agreement, and are satisfied with the presented
language. Commissioner Kirkmeyer moved to approve said agreement, authorize the Chair to sign, and
accept said collateral. Seconded by Commissioner Conway, the motion carried unanimously.
Mr. Barker indicated he was informed that item #3 listed within Communications, on the Consent Agenda
portion of the agenda, needs to removed. He clarified the item, from the Department of Human Services,
will require Board action, therefore, it will be listed for consideration on the next Board agenda for
Wednesday, July 22, 2009. Commissioner Kirkmeyer moved to reconsiderthe previous motion of approval
of the Consent Agenda, to amend the Consent Agenda by deleting Communications Item #3, and
re -approve the Consent Agenda as amended. Commissioner Conway seconded the motion, and it carried
unanimously. (Clerk's Note: Upon further review of the matter by the Department of Human Services and
the Clerk to the Board's Office, it was determined that approval of the item through the Consent Agenda
was sufficient, therefore, no changes were made to the Consent Agenda).
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2009-7 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, July 13, 2009 2009-1563
Page 9 BC0016
There being no further business, this meeting was adjourned at 10:20 a.m.
ATTEST:
fia
Weld County Clerk to the Board
BY
Dep y, Clerk ^ the Board
BOARD OF CO NTY COMMISSIONERS
WELD CO ' COLORADO
ham F. Garcia, Chair
7
Sear, P. Conway
cher, Pro-Tem
h ara Kirkmeyer
C
David E. Long
V
Minutes, July 13, 2009 2009-1563
Page 10 BC0016
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