HomeMy WebLinkAbout20091177.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 3, 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, June 3, 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 H. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
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 June 1, 2009, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Long moved to approve the Certification of Hearings
conducted on June 1, 2009, as follows: 1) Hearing to obtain Public Input regarding changes to boundary
lines of Commissioner Districts in Weld County, Colorado. Commissioner Conway seconded the motion,
which carried unanimously.
AMENDMENTS TO AGENDA: Chair Garcia added New Item of Business #7) Consider Expression of
Opposition to Federal Legislation Banning or Restricting Hydraulic Fracturing of Oil and Gas Wells.
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.
PRESENTATIONS:
RECOGNITION OF SERVICES, REGIONAL COMMUNICATIONS ADVISORY BOARD - RANDALL
JACOBSON: Chair Garcia read the certificate into the record, recognizing Randall Jacobson for three
years of service on the Regional Communications Advisory Board.
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RECOGNITION OF SERVICES, HOUSING AUTHORITY - DIXIE HANSEN: Chair Garcia read the
certificate into the record, recognizing Dixie Hansen for eight years of service with the Housing Authority
Board.
(Clerk's Note: Please refer to New Item of Business #7 for the discussion regarding the Expression of
Opposition to Federal Legislation to Ban or Restrict Hydraulic Fracturing of Oil and Gas Wells.)
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated he spoke to Governor
Ritter on Monday at a luncheon and at the Economic Roundtable sponsored by the Northern Colorado
Legislative Alliance regarding the importance of the Northern Integrated Supply Project (NISP) to Weld
County as the 8th largest agricultural County and the importance the Galeton Reservoir has to the Project.
He stated there will be a Farmers for NISP Rally on June 30, 2009, from 11 a.m.-1:00 pm., on a farm
located west of the Town of Eaton.
NEW BUSINESS:
CONSIDER FORTY-SEVEN CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services,
stated the agreements conclude the process the Department engages in annually with the Core services
providers, and some of the providers will be paid from the Child Welfare Administration fund and the
Family, Youth, and Children Commission has recommended approval of the agreements. Ms. Griego
stated the terms for all of the agreements will commence June 1, 2009, through May 31, 2010. She stated
Ackerman and Associates will provide mediation services, which will be paid for out of Core funding, for
an amount not to exceed $20,000.00; mental health services, which will be paid out of Core funding, in an
amount not to exceed $10,000.00; and sex abuse treatment services, which will be paid out of Core
funding, in an amount not to exceed $20,000.00. She stated Alternative Homes for Youth, Inc., will provide
day treatment services, which will be paid out of Core services, in an amount not to exceed $20,000.00;
and mental health services, which will be paid out of Core funding, in an amount not to exceed $20,000.00.
Ms. Griego stated Barry Lindstrom, Ph.D., LLC, will provide mental health services, which will be paid from
Core funding, in an amount not to exceed $150,000.00; and consultation and training services, which will
be paid from Child Welfare Administration funding, in an amount not to exceed $10,000.00. She stated
Luis Calle, LPC, will provide anger management services, which will be paid from Child Welfare
Administration funding, in an amount not to exceed $5,000.00; mental health services, which will be paid
out of Core funding, in an amount not to exceed $5,000.00; and sex abuse treatment, which will be paid
out of Core funding, in an amount not to exceed $8,000.00. She stated Chase Home Studies will provide
home study and relinquishment counseling, which will be paid out of Child Welfare Administration funding,
in an amount not to exceed $15,000.00. Ms. Griego stated Child Advocacy Resource and Education will
provide life skills training, which will be paid out of Core funding, in an amount not to exceed $175,000.00.
She stated Compliance Administrative Services will provide monitored sobriety, which will be paid out of
Child Welfare Administration funding, in an amount not to exceed $85,000.00. She stated Dynamic Family
Design will provide home study and relinquishment counseling, which will be paid from the Child Welfare
Administration funding, in an amount not to exceed $35,000.00; and home -based services, which will be
paid out of Core funding, in an amount not to exceed $25,000.00. She stated the Greeley Counseling
Center, P.C., will provide mental health services, which will be paid out of Core funding, in an amount not
to exceed $50,000.00; and consultation and training, which will be paid out of Child Welfare Administration
funding, in an amount not to exceed $10,000.00. Ms. Griego stated IDEA Forum, Inc., will provide
monitored sobriety services, which will be paid from Child Welfare Administration funding, in an amount
not to exceed $20,000.00. She stated Individual and Group Therapy Services will provide services anger
and domestic violence services, which will be paid from Child Welfare Administration funding, in an amount
not to exceed $10,000.00; mental health services, which will be paid from Core funding, in an amount not
to exceed $10,000.00; and sex abuse treatment services, which will be paid from Core funding, in an
amount not to exceed $10,000.00. She stated the Jubilee Retreat Center will provide foster parent
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consultation, which will be paid from Child Welfare Administration funding, in an amount not to exceed
$15,000.00; foster parent training, which will be paid from Child Welfare Administration funding, in an
amount not to exceed $65,000.00; and life skills services, which will be paid from Core funding, in an
amount not to exceed $55,000.00. Ms. Griego stated Darla Kraft will provide mental health services, which
will be paid from Core funding, in an amount not to exceed $10,000.00. She stated North Range
Behavioral Health will provide anger and domestic violence services, which will be paid from Child Welfare
Administration funding, in an amount not to exceed $10,000.00; functional family therapy, which will be
paid from Core funding, in an amount not to exceed $50,000.00; mental health services, which will be paid
from Core funding, in an amount not to exceed $10,000.00; monitored sobriety, which will be paid from
Child Welfare Administration funding, in an amount not to exceed $25,000.00; and multi -systemic therapy,
which will be paid from Core funding, in an amount not to exceed $85,000.00. She stated Reflections for
Youth, Inc., will provide day treatment, which will be paid from Core funding, in an amount not to exceed
$80,000.00; home -based services, which will be paid from Core funding, in an amount not to exceed
$30,000.00; life skills training, which will be paid from Core funding, in an amount not to exceed
$10,000.00; and sex abuse treatment, which will be paid from Core funding, in an amount not to exceed
$5,000.00. Ms. Griego stated Roundup Fellowship will provide day treatment, which will be paid from Core
funding, in an amount not to exceed $25,000.00. She stated Savio House will provide functional family
therapy, which will be paid from Core funding, in an amount not to exceed $20,000.00; home -based
services, which will be paid from Core funding, in an amount not to exceed $50,000.00; multi -systemic
therapy and multi -systemic therapy for problem sexual behavior, which will be paid from Core funding, in
an amount not to exceed $125,000.00; and sex abuse treatment, which will be paid from Core funding, in
an amount not to exceed $20,000.00. She stated Strong Foundations, LLC, will provide foster parent
consultation, which will be paid from Core services, in an amount not to exceed $15,000.00; foster parent
training, which will be paid from Child Welfare Administration funding, in an amount not to exceed
$30,000.00; and home study and relinquishment counseling, which will be paid from Child Welfare
Administration funding, in an amount not to exceed $45,000.00. Ms. Griego stated The Next Step, A Place
Where Families Recover, will provide monitored sobriety, which will be paid from Child Welfare
Administration funding, in an amount not to exceed $15,000.00; and substance abuse treatment, which
will be paid from Core funding, in an amount not to exceed $20,000.00. She stated Troy Hause, Attorney
at Law, will provide mediation, which will be paid from Core funding, in an amount not to exceed
$20,000.00. She stated Blythe Weber and Helene Wurth will each provide home study and relinquishment
counseling, which will be paid from Child Welfare Administration funding, in an amount not to exceed
$15,000.00 for each provider. Commissioner Conway moved to approve said agreements and authorize
the Chair to sign. Commissioner Rademacher seconded the motion. Chair Garcia thanked the Families,
Youth, and Children Commission for its efforts. There being no further discussion, the motion carried
unanimously.
CONSIDER GRANT CONTRACT FOR THE WELD COUNTY PINK RIBBON PROJECT AND AUTHORIZE
CHAIR TO SIGN - SUSAN G. KOMEN BREAST CANCER FOUNDATION, INC.: Dr. Mark Wallace,
Director, Department of Public Health and Environment, stated this contract and the next two items were
discussed at the work session held on June 1, 2009, and the contract is for the purpose of supporting the
goal of making breast screening available to women who would not be able to afford them or obtain them
through other existing programs. Dr. Wallace stated the funding awarded this year will provide breast
cancer screenings for up to 40 women. He stated the term of the contract is May 1, 2009, through
April 30, 2010, and the Department will receive an amount not to exceed $9,870.45 to provide the
screenings. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR WOMEN'S WELLNESS CONNECTION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Women's Wellness Connection Program is
relatively new and it is administered by the Colorado Department of Public Health and Environment. He
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stated the Department participated in the Program for the last contract period and it effectively reached
the target group, which is women living in poverty in the community, to provide breast and cervical cancer
screening services, case management, diagnostic services, data coordination, referral of women to the
Program's Treatment Navigator, and administrative services, including eligibility determination, enrollment,
and translation services. He stated this program is unique in the sense, the Department can do more than
screen for illness; it can connect women to treatment, at which time, the women will typically qualify for
medicaid benefits in order to receive the treatment they need for cervical or breast cancer. Dr. Wallace
stated the County will be reimbursed by the State at a global rate, according to the levels of care provided
to the women and described on the Global Level Reimbursement Fee Structure. He stated the Department
has agreements with providers within the community that will provide the diagnostic testing and treatment
when it is necessary. Commissioner Conway moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER TASK ORDER CONTRACT FOR STATE TOBACCO EDUCATION AND PREVENTION
PARTNERSHIP GRANT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated the Department has
engaged in the Tobacco Education Program for a number of years, and the contract will allow the
Department to continue to participate. He stated the amount of funding awarded has been reduced by 3.5
percent, due to the State economic crisis; therefore, the budget has been changed to bring it into
compliance with the amount of the grant award. He further stated the goal of the grant is to provide a
comprehensive, evidence -based Tobacco Education Program. Dr. Wallace stated the Program will
encourage tobacco -free lifestyles, provide tobacco cessation resources, and reach special tobacco use
populations. Commissioner Rademacher moved to approve said contract and authorize the Chair to sign.
Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER QUIT CLAIM MINERAL DEED AND AUTHORIZE CHAIR TO SIGN - ORR
RESOURCES, LLC: Bruce Barker, County Attorney, stated this and the next item are related; both items
concern property located underneath a County roadway. Mr. Barker stated the deeds that conveyed the
right-of-way to the County specify the conveyance is for road right-of-way purposes only and there is no
indication that the mineral rights were intended to be transferred with the conveyance. He stated when
adjacent property owners have requested clarification in the past, a quit claim deed has been issued to
document the County does not have ownership of the minerals and that the adjacent property owners will
retain the ownership of the minerals. In response to Commissioner Conway, Mr. Barker stated the County
has been following this process for some time, and the need for this type of deed often becomes apparent
through a title search. Commissioner Rademacher moved to approve said quit claim mineral deed and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER QUIT CLAIM MINERAL DEED AND AUTHORIZE CHAIR TO SIGN - SALLY PARSONS:
Based on previous discussion, Commissioner Long moved to approve said quit claim mineral deed and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER EXPRESSION OF OPPOSITION TO FEDERAL LEGISLATION TO BAN OR RESTRICT
HYDRAULIC FRACTURING OF OIL AND GAS WELLS: Chair Garcia read the Resolution into the record.
Commissioner Rademacher moved to approve said Resolution. Seconded by Commissioner Conway, the
motion carried unanimously.
OLD BUSINESS:
CONSIDER SUSPENSION OF RETAIL FOOD ESTABLISHMENT LICENSE - CARNICERIA LA
PROVIDENCIA (CON'T FROM 12/1/08): Debra Adamson, Department of Public Health and Environment,
stated staff has conducted monthly inspections of the establishment, as directed by the Board of County
Commissioners at the hearing conducted on December 1, 2008, and isolated violations were noted;
however, the facility showed and maintained marked improvement in food handling, food storage, cleaning
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and sanitization practices, and in following their management strategies. Ms. Adamson stated the
ownership of the facility changed as of June 1, 2009, and the Department has received the license
application and license fee from the new owner, Ricardo Cerrillo. She stated Mr. Cerrillo is aware of the
requirements for a three -compartment sink to be installed for equipment washing and a food preparation
sink for thawing and washing raw meat, which must be accomplished within 30 days of the change of
ownership. She further stated the requirement for the sinks was determined at the hearing conducted on
December 1, 2008, and remains the same, since the functions of the establishment will remain the same;
a meat market, grocery, and restaurant. In response to Chair Garcia, Ms. Adamson stated Mr. Cerrillo has
been notified verbally and a written notice is going to be mailed. Ms. Adamson stated she has personally
spoken to Mr. Cerrillo and he owned the facility in the past, prior to Esmeralda Velasquez. Further
responding to Chair Garcia, Ms. Adamson stated Mr. Cerillo speaks English. Commissioner Rademacher
stated he is concerned that the sink requirements have not been met. Ms. Adamson stated Ms. Velasquez
intended to comply and she acquired sinks; however, she still needed a plumbing permit and severe
financial problems caused her to give up the business. In response to Commissioner Rademacher,
Ms. Adamson stated the establishment has been open since the two week suspension ended last
December. Commissioner Rademacher stated the owner had six months to install the sinks and did not
do so. In response to Chair Garcia, Mr. Barker clarified due to the change of ownership, the Board will
have to start at the beginning of the violation process since the new owner has a new retail food license
and the previous suspension issues are tied to the previous owner's license. Mr. Barker stated since
Ms. Velasquez is no longer involved with the business and her retail food license is no longer in existence,
the Board should dismiss the matter. In response to Chair Garcia, Ms. Adamson stated Mr. Cerrillo has
not received the retail food license; however, he has applied and paid for it. Further responding to Chair
Garcia, Ms. Adamson stated in these types of situations, staff typically will hold the physical license until
the issues from the previous ownership are resolved. In response to Commissioner Rademacher,
Mr. Barker stated the reason the Board is considering the matter is because it was continued to today's
meeting; however, dismissal of the matter is the appropriate action. Commissioner Rademacher stated
he feels better knowing the issues will be resolved before the license is issued to the new owner.
Commissioner Long moved to dismiss the suspension. 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, June 3, 2009 2009-1177
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF C• - TY COMMISSIONERS
WELD U�1 :LORADO
ATTEST:
Weld County Clerk to the Board
to the Board
Sea Conway
EXCUSED
bara Kirkmeyer
David E. Long
Minutes, June 3, 2009 2009-1177
Page 6 BC0016
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