HomeMy WebLinkAbout20092655.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 7, 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, October 7, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 5, 2009, as printed. Commissioner Kirkmeyer seconded the
motion, and it 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 Long seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WELLS FARGO BANK
NATIONAL ASSOCIATION (CON'T FROM 10/05/2009): Christopher Woodruff, Assessor, thanked the
Board for continuing this matter to today from the previous meeting, and he explained the reason this
item needed to be continued is that he was at an Unemployment Appeals Hearing and it took a longer
amount of time than was anticipated. Mr. Woodruff stated the petition is for a property which was
assessed in 2007 as Wells Fargo Bank National Association. He stated the property evaluated is the
land underneath the new Health Sciences Center on the Aims Community College campus. He stated
there was a Certificate of Participation signed, which is basically a financing arrangement for the land;
however, the title continued to be held by Wells Fargo Bank National Association. Mr. Woodruff stated
the property is exempt for Tax Year 2007, and staff discovered this in the year 2008, when the building
permit was submitted. He recommended that an abatement be granted, in the amount of $6,250.00, for
Tax Year 2007. Commissioner Rademacher moved to approve said abatement, in the amount of
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$6,250.00, based on staff's recommendation. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER LAW ENFORCEMENT SPECIAL DUTY AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - RITCHIE BROTHERS (CON'T FROM 10/05/2009): Commander Alan Caldwell, Sheriff's
Office, introduced himself and stated he is available to answer questions.
Bruce Barker, County Attorney, stated the Board has a question regarding the hourly rate, in the
amount of $51.00. Chair Garcia clarified the Board would like Mr. Caldwell to address cost recovery
and whether the amount needs to be adjusted for inflation. Mr. Caldwell stated the Sheriff's Office has
had an ongoing contract with Ritchie Brothers and the Sheriff's Office has previously charged $47.00
per hour for its contracts. He stated he was given the task of performing the cost analysis, and upon
completion of the cost analysis, the Sheriff determined the new hourly rate will be $51.00, effective
beginning in the year 2010. He stated that as a result of the increased rate, he provided an updated
contract to Ritchie Brothers. Mr. Caldwell stated the contract with Ritchie Brothers was drafted many
years ago and it was renewed each subsequent year, however, the contract had never been updated;
therefore, it seemed appropriate for the contract to be terminated and for a new one to be drafted. He
stated that he sent a letter to Ritchie Brothers to indicate there will be a new fee, the existing contract
will be terminated, and a new contract will be issued which reflects the new rate. In response to
Commissioner Rademacher, Mr. Caldwell stated other counties charge significantly higher rates.
Mr. Caldwell clarified he reviewed the municipal contract rates charged by the Counties of Adams,
Boulder, and Larimer; however, he did not review the special contract rates, such as the contract with
Ritchie Brothers. He stated municipal contracts are cost intensive and the expenses will not be as high
for this contract. Further responding to Commissioner Rademacher, Mr. Caldwell stated he does not
have the rate information with him; however, he seems to remember that the hourly rates charged by
the Counties of Adams and Boulder exceed $100.00, and Larimer County's hourly rate is approximately
$70.00. Commissioner Rademacher stated the Board is concerned that the cost for providing the
service is recovered; however, it would be preferable for the Sheriff's Office to also earn some income
for providing the service; therefore, it may be appropriate for Weld County to raise its rates to be
comparable with other counties. He stated he does not want Weld County's rates to be the highest for
providing the service in the area; however, he does not the rates to be the lowest either. Mr. Caldwell
stated each county determines its costs differently. Commissioner Rademacher stated he realizes
there are fewer costs involved for the Sheriff's Office to provide its service to Ritchie Brothers than to
the municipalities who have contracts with Weld County; however, the rate needs to be appropriate for
other contracts also. Mr. Caldwell stated he calculated the rate based on the invoice issued to Ritchie
Brothers which was dated September 7, 2009, and when he reviewed the cost structure, he determined
profit, in the amount of $540.00, was yielded from the contract with Ritchie Brothers.
Commissioner Kirkmeyer inquired as to why Ritchie Brothers requires peace officers to provide the
security at its auctions. Mr. Caldwell stated Ritchie Brother's auctions have been known to generate up
to several hundred thousand dollars in cash when selling large pieces of equipment, and at the end of
the auction, the cash must be transported to the bank; therefore, it is desired that a peace officer be
present for the security of the employees. Commissioner Kirkmeyer stated there are financial
institutions and other companies in the same situation; however, those institutions hire private
companies to provide security; not the Sheriff's Office. She stated she does not understand why the
Sheriff's Office is providing this service when there are private companies available to provide the
necessary security and transport services. She inquired as to whether the deputies who accept these
special duty contracts are paid overtime and whether it affects their other duties. Mr. Caldwell stated
the deputies who accept these special duty contracts, accept them as off -duty assignments; however, it
is recorded as time worked above normal hours on their time sheets. In response to Commissioner
Kirkmeyer, Mr. Caldwell stated the deputies are paid overtime for the special duty contracts when a
certain number of work hours have been exceeded. Commissioner Kirkmeyer indicated she is
Minutes, October 7, 2009 2009-2655
Page 2 BC0016
concerned regarding the overtime cost and it does not seem the proposed rate will cover the expense
of paying overtime to the deputies who are performing the special duty assignments. She stated she
understands the need for the contracts with certain municipalities and school districts; however, she
does not understand why the Sheriff's Office is entering into special duty contracts with private
companies. She further stated she does not understand how the hourly rate of $51.00 was determined
and there was nothing submitted to the Board to demonstrate how it was calculated. Commissioner
Kirkmeyer stated Item III in the agreement indicates the agreement shall be automatically renewed on a
year-to-year basis; therefore, the Board will not have the opportunity to review the agreement each year
and that concerns her. She further stated she is also concerned regarding the part of Item III which
indicates any renewal of the agreement shall be subject to changes in the hourly rate schedule as
provided by the Sheriff's Office because there needs be a discussion with the Department of Human
Resources regarding how to determine the hourly rate in order to ensure there is reimbursement for the
cost of the provided services. Commissioner Kirkmeyer stated she has two separate concerns; the first
is regarding the Sheriff's Office providing services to private companies, and the second is whether the
Sheriff's Office will be fully reimbursed for its services, including overtime expenses.
Randy Winsett, Deputy Bureau Chief, Sheriff's Office, stated when Mr. Caldwell calculated the rate, he
selected a rate which will cover municipal contract costs, in addition to special duty contract costs, and
he took into consideration the different ranks of the officers who may cover a contract assignment,
overtime costs, and vehicle maintenance costs. Mr. Winsett stated the Sheriff's Office charges the
same rate for the municipal contracts as is charged for the special duty contracts, which keeps the
costs manageable for the municipalities, and in most situations, the Sheriff's Office comes out ahead
financially concerning the private contracts. He stated if the rate for the municipal contracts is suddenly
raised, the Towns may not renew the contracts, or the Towns may lessen the number of hours the
Sheriff's Office services are utilized. He further stated many banks in the Denver Metropolitan area use
police for armed security. Chair Garcia stated he can understand why Ritchie Brothers prefers the
Sheriff's Office provide the services, as opposed to a private security company, due the level of training
the deputies have received; however, he is concerned it may be an unfair competitive advantage for the
private industry. Mr. Winsett stated the Sheriff's Office offers armed guards, which most of the private
security services do not; however, the hourly rates for private security are typically approximately
between $20.00 and $30.00, which is significantly less than the Sheriff's Office rate. He stated Ritchie
Brothers may hire security in addition to the Sheriff's deputies.
Chair Garcia inquired as to whether Aims Community College will be charged the same rate.
Mr. Caldwell stated he sent a letter approximately two months ago to notify all of the municipalities the
hourly rate is being raised to $51.00, and the Town of Hudson has agreed to the new rate; however, he
has not heard from others yet. He stated he also sent a letter to the Weld Central School Board and is
currently engaged in communication regarding the contract. Mr. Caldwell stated the Sheriff's Office is
not changing the rate charged to Aims Community College. Chair Garcia inquired as to whether there
are plans to raise the rate charged to Aims Community College, in order to be consistent with a uniform
cost. Mr. Caldwell stated John Cooke, Sheriff, indicated he is committed to reevaluating the rate each
year and increasing it in small increments. He stated Mr. Cooke is concerned about suddenly raising
the rate to an amount the municipalities cannot afford. Commissioner Kirkmeyer stated the taxpayers
who do not reside in the Town of Mead, or the Weld Central School District, have to pay for the costs
not recovered by the Sheriff's Office. She stated she appreciates the Sheriff's Office efforts to be
sensitive to the municipalities that utilize its services; however, the rate should reimburse the Sheriff's
Office for the cost of the services being provided.
Monica Mika, Director of Administrative Services, stated Kim Fleithman, Sheriff's Office, and Don
Warden, Director of Finance and Administration, examined the contracts earlier in the year with the
intent to fully recover the associated costs. Ms. Mika stated the rationale for the established rate can
be reviewed by staff, to determine whether the proposed rate will fully recover the cost. She stated
Minutes, October 7, 2009 2009-2655
Page 3 BC0016
there seems to be two different concerns from the Board; whether the Sheriff's Office should perform
this type of service, and whether the proposed rate will recover the associated cost with this type of
service. Commissioner Conway inquired as to whether the contract is time sensitive. Mr. Caldwell
stated the new rate does not apply until the beginning the of year 2010, and the letter he sent to the
municipalities terminates the current contracts, effective December 31, 2009. Commissioner Conway
inquired as to how many private contracts the Sheriff's Office has in addition to this one and what effect
the private contracts have on overtime. In response to Commissioner Conway, Mr. Caldwell confirmed
the Ritchie Brothers contract last year yielded approximately $500.00 in profit for the Sheriff's Office.
Commissioner Conway moved to continue said agreement to November 4, 2009, at 9:00 a.m., in order
to allow time for staff to research the answers to the questions posed by the Board. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 20 AND 22: Janet Carter,
Department of Public Works, stated the road closure will commence October 12, 2009, through October
22, 2009, in order to replace two rusted culverts with a new 42 inch elliptical concrete pipe. Ms. Carter
stated the average daily traffic for County Road 19 is 1,323 vehicles, according to a traffic count
conducted in the year 2006, and magnesium chloride will be used for dust abatement on the gravel
portions of the detour route. She further stated road signs, message boards, and barricades will be
utilized to advise drivers of the closure. Commissioner Rademacher stated this is a heavily travelled
road, particularly during this time of the year when harvesting is occurring, and he inquired as to
whether the closure may be delayed for one month. Ms. Carter stated she will investigate the reasons
the closure was scheduled for the proposed date; however, she is aware extra time is included in the
proposed closure periods, in an effort to allow time for factors which cannot be foreseen, such as
adverse weather. In response to Commissioner Rademacher, Ms. Carter stated the construction will
take place over an irrigation ditch, and water is not currently flowing in the ditch. Commissioner
Rademacher inquired as to whether the culvert situation is critical, for example, crumbling onto the
road. Ms. Carter stated she is not aware of any crumbling; however, the culverts are rusted and based
on the replacement pipe being elliptical, she assumes there are flow issues, since that is typically the
case when an elliptical pipe is used to replace another pipe. Commissioner Conway moved to continue
the matter to October 12, 2009, in order to allow Ms. Carter time to research the answers to the
questions posed by Commissioner Rademacher. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 49 BETWEEN CRS 72 AND 74: Ms. Carter stated the
closure will commence October 12, 2009, through October 16, 2009, in order to replace an 18 -inch
corrugated metal pipe with a 24 -inch plastic pipe. She stated the average daily traffic count on County
Road 49 is 131 vehicles, according to a traffic count conducted in the year 2006, and water will be
utilized for dust abatement for the gravel portions of the detour route. She further stated road signs and
barricades will be used to advise drivers of the closure. In response to Commissioner Rademacher,
Ms. Carter confirmed the traffic count is 131 vehicles per day. Commissioner Rademacher moved to
approve said temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER PRE -APPLICATION FOR UPGRADES TO WELD COUNTY EMERGENCY RESPONSE
SYSTEM (COMMUNICATION TOWERS) AND AUTHORIZE ELECTRONIC SUBMITTAL: Ms. Mika
stated Weld County is eligible to apply for funds which have been reserved for energy productive
counties, and she requested the Board authorize the electronic submittal of the pre -application. She
stated staff needs to illustrate a connection between oil and gas production and the need to enhance
Weld County's 911 communication system, and if the application is approved, she anticipates the final
notification will be in January, 2010. Commissioner Rademacher inquired as to whether sites have
been selected for the 911 communication towers. Ms. Mika stated most of the enhancements will be
performed on existing towers. She clarified the existing towers will be dismantled, remodeled, and
Minutes, October 7, 2009 2009-2655
Page 4 BC0016
upgraded to simulcast delivery systems, and some of the equipment will be relocated to the northern
part of the County. In response to Commissioner Rademacher, Ms. Mika stated there may be some
increase in the height of the towers and there may be a need to construct one additional tower;
however, the engineering is not complete. Commissioner Conway inquired as to whether the funds are
protected from the budget cuts. Ms. Mika stated the funds are Penry 232 Funds; however, she cannot
guarantee the funds will not be cut. She stated the reason she is trying to secure the fund allocation
prior to January, 2010, is to be able to safeguard the funds. Commissioner Kirkmeyer stated the funds
are Federal Mineral Lease funds; therefore, the funds must comply with the Federal Mineral Leasing
Act and it is less likely these funds will be added to the general fund than the Severance Tax funds,
since there are certain purposes the Federal Mineral Lease funds must be allocated to, according to
federal regulations. Chair Garcia stated matters are not necessarily being handled in the same ways
which were typical in the past; therefore, he is in favor of moving forward quickly with the
pre -application process. Commissioner Rademacher moved to approve said pre -application and
authorize electronic submittal. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER AMENDMENT TO 401(K) SAVINGS PLAN AND AUTHORIZE CHAIR TO SIGN —
PRINCIPAL FINANCIAL GROUP: Ms. Mika stated there are two legislative acts which went into effect
and modified the Weld County 401(K) Savings Plan; the 2008 Pension Protection Act and the 2008
Earning Assistance and Relief Act. She stated there are four proposed definition changes regarding
the 401(K) and an addition concerning Roth IRAS being able to be directly rolled into 457(b) accounts.
Commissioner Kirkmeyer moved to approve said amendment and authorize the Chair to sign.
Commissioner Rademacher seconded the motion. In response to Commissioner Conway, Ms. Mika
stated the County is required to make the definition changes by the Worker, Retiree, and Employer
Recovery Act of 2008. There being no further discussion, the motion carried unanimously.
CONSIDER SEISMIC MINERAL PERMIT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
PETRO-CANADA RESOURCES (USA) INC.: Bruce Barker, County Attorney, stated he provided the
agreement to the Board to review last Friday after representatives from Petro -Canada Resources
(USA) Inc., discussed the matter with him. Mr. Barker stated the agreement will allow Petro -Canada
Resources (USA) Inc., to conduct seismic testing for in an area near the Town of Grover, which is
approximately thirty miles in size, and the testing is conducted every 300 feet throughout the area. He
stated Petro -Canada Resources (USA) Inc., is obtaining leases all along the thirty mile route, including
purchasing easements from the surface owners, in order to be able to access the properties.
Mr. Barker stated the County owns the northwest quarter of Section 34, Township 12 North, Range 61
West of the 6th P.M., Weld County, Colorado. He stated Petro -Canada Resources (USA) Inc. believes
there is a significant amount of oil within the quarter section the County owns and that it will be able to
establish the area for mining again; the property has not been leased since the year 1990 and the well
has been closed. In response to Commissioner Rademacher, Mr. Barker stated the way the process
has been described to him is sonar sensors are placed every 500 feet and a truck places a metal pad,
which is approximately four feet by four feet in size, and the pad transmits the sonar beam through the
ground. Mr. Barker stated he was told the set-up process takes much longer than the sonar process.
Commissioner Long stated he does not believe the testing is seismic and this type of activity has been
occurring between the Town of Keota and State Highway 14. Commissioner Rademacher stated he
believes this type of activity has been occurring throughout Weld County. Commissioner Long stated
the best and newest technology is being used; not the blue trucks which were once used for seismic
testing. Commissioner Kirkmeyer stated there are fault lines in Weld County. Commissioner Long
stated the sonar beams will not aggravate the fault lines. Mr. Barker stated Petro -Canada Resources
(USA) Inc. has agreed to indemnify the County for any damages. Commissioner Rademacher moved
to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
Minutes, October 7, 2009 2009-2655
Page 5 BC0016
PLANNING:
CONSIDER REQUEST FOR ADDITIONAL EXTENSION OF SUBMITTAL OF PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1090 — EAGLE VIEW FARMS, LLC: Mr. Barker stated Chris
Gathman, Department of Planning Services, provided a memorandum which recommends the
extension be granted through October 30, 2011. In response to Commissioner Rademacher,
Mr. Barker stated this will be the second extension.
Glen Drogemueller, representative for Eagle View Farms, LLC, clarified this is the third request for an
extension. Mr. Drogemueller stated the Planned Unit Development (PUD) was originally approved in
the year 2006, and the economic climate began to change in the year 2007. He stated there are two
reasons the extension is being requested; the first is the economic circumstances have not changed,
and the second is the Colorado Department of Transportation (CDOT) is reconfiguring a bridge on
State Highway 392 and the project is scheduled to commence November, 2010. He stated the CDOT
bridge project is the reason the applicant is requesting a two-year extension, rather than one, since the
applicant will not know CDOT's plan until November of next year. Commissioner Rademacher inquired
as to whether there may be any unintended consequences concerning collateral or otherwise.
Mr. Barker stated there are none, since the County has not received any collateral at this point in the
process. Commissioner Rademacher stated he suspects the Board will see more of these requests,
based on the current economic climate. Mr. Barker stated there are numerous developers that do not
request extensions and simply ignore the deadlines; therefore, he appreciates the companies which do
request extensions. In response to Commissioner Rademacher, Mr. Barker stated the Board has
granted every extension request it has been presented. Commissioner Rademacher stated typically
the requests are for one year extensions and he has never considered a request for longer than a one
year period. Mr. Barker stated the extension requests are typically for one year since it is typically
expected the circumstances will be different in one year. Commissioner Conway stated granting
extensions for multiple years may be problematic in the future; however, the CDOT project is confirmed
to commence in November 2010 and it is a top priority for CDOT. Commissioner Conway moved to
approve said extension of submittal of Planned Unit Development Final Plan, PF #1090, for a period of
two years, to October 30, 2011. Commissioner Rademacher seconded the motion, which 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, October 7, 2009 2009-2655
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:49 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD GOUNT4SC �ORADO
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ATTEST: r t
Weld County Clerk to the Boar
BY: ; it/
Depyt Cler • the Board
William F. G4rcia, Chair
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Dougl
Rademacher, Pro-Tem
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David . Long
Minutes, October 7, 2009 2009-2655
Page 7 BC0016
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