HomeMy WebLinkAbout20093315.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 16, 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, December 16, 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
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of December 14, 2009, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on December 14, 2009, as follows: 1) Annual Meeting for Weld County Pioneer
Community Law Enforcement Authority Board; 2) 2009 Budget for Weld County Pioneer Community
Law Enforcement Authority Board; 3) Annual Meeting for Southwestern Weld County Law Enforcement
Authority Board; 4) 2009 Budget for Southwestern Weld County Law Enforcement Authority Board; 5)
Annual Meeting for Beebe Draw Law Enforcement District Authority Board; 6) 2009 Budget for Beebe
Draw Law Enforcement District Authority Board; and 7) 2010 Final Budget. 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 Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
Minutes, December 16, 2009 2009-3315
Page 1 BC0016
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PRESENTATIONS:
2009 SAFETY AND WELLNESS AWARD - DAVE BRESSLER: Chair Garcia read the certificate into
the record, recognizing Dave Bressler for his instrumental efforts over the past two years in the
acquisition and implementation of Automatic External Defibrillator (AED) machines in all County
buildings. Commissioner Rademacher indicated he understands the importance of the use of AED's to
provide help in a timely manner, and he expressed his appreciation to Mr. Bressler for a job well done.
Commissioners Conway, Kirkmeyer, and Long all concurred. Mr. Bressler expressed his appreciation
to the Board for the recognition, and confirmed it was a huge undertaking to implement the AED
machines in all County buildings. He further expressed his appreciation to the employees of the
Department of Human Resources, and to Paramedic Rick Weber, who conducted all of the CPR
classes for Weld County Employees. He confirmed providing timely help for medical problems
improves the recovery chances for a patient.
2009 BANNER HEALTH FITTEST EXECUTIVES CHALLENGE: Staci Datteri-Frey, Department of
Public Health and Environment, recognized the five individuals which participated in the challenge,
including Chair Bill Garcia, Sheriff John Cooke, Dr. Mark Wallace, Steve Moreno, and Trevor Jiricek.
She expressed her appreciation to Kelly Imus for her involvement within the challenge, and for making
it possible for Weld County officials to be involved within the challenge.
2009 EMPLOYEE SERVICE AWARDS - 10 AND 20 YEAR EMPLOYEES: Chair Garcia read the
presentation into the record, and the various Department Heads presented the service awards to
employees, according to the attached list. (Commissioner Kirkmeyer is now excused). Chair Garcia
confirmed it was a pleasure to be able to see all of the honored employees and hear about their job
duties. He expressed his appreciation to all employees for their service to Weld County.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
OLD BUSINESS:
CONSIDER APPLICATION FOR 2010 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM
GRANT AND AUTHORIZE CHAIR TO SIGN (CON'T FROM12/9/09): Margie Martinez, Sheriff's Office,
stated the application was previously discussed within a work session with the Board, and she is
requesting approval so that the application may be submitted. Commissioner Conway moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Rademacher,
the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR CONVEYANCE OF EASEMENT FOR CERTAIN IMPROVEMENTS
TO CR 13 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - JOHN AND
JENNIFER CUMMINS: Leon Sievers, Department of Public Works, stated this is the third of seven
parcels to be acquired for the County Road 13 Project. He stated the property is located along the east
side of County Road 13, and the County will acquire 0.686 acres of right-of-way for a total
compensation amount of $6,860.00. In response to Commissioner Conway, Mr. Sievers confirmed the
standard form of the agreement has been modified to reflect the changes requested by the Board
during a previous Board meeting. Commissioner Rademacher moved to approve said agreement and
authorize the Chair to sign all the necessary documents. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AUTHORIZE SALE OF
SAME TO COMMUNITY DEVELOPMENT INSTITUTE HEAD START, AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS: Stephanie Arries, Assistant County Attorney, stated two
passenger vans utilized by Head Start will be transferred to Community Development Institute (CDI),
since the Head Start program is being assumed by CDI in January, 2010. She clarified the vans were
Minutes, December 16, 2009 2009-3315
Page 2 BC0016
initially acquired with the use of grant funds, therefore, they must be transferred to CDI. Commissioner
Long moved to declare said equipment as surplus property, authorize sale of the same to Community
Development Institute Head Start, and authorize the Chair to sign the necessary documents.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER LEASE FOR PROPERTY LOCATED AT 320 MAPLE DRIVE, FREDERICK, COLORADO
80530 AND AUTHORIZE CHAIR TO SIGN - COMMUNITY DEVELOPMENT INSTITUTE HEAD
START: Ms. Arries stated she has clarified with a representative that the terms of the lease are
agreeable; however, a signed copy of the lease has not yet been received by the County. She
suggested the matter be continued until Monday, December 21, 2009, in order to allow time to receive
the signed lease. Bruce Barker, County Attorney, suggested the Board approve the lease at today's
meeting, as there is a time crunch associated with trying to complete all of the necessary agreements
to effectuate the transfer of the Head Start program by January 1, 2010. Commissioner Conway
expressed his concern regarding the approval of a document which has not yet been delivered to the
County in its final form. In response, Ms. Arries clarified no modifications to the lease are expected.
She further clarified two modular buildings within the Town of Frederick are currently owned by the
County and utilized as Head Start classrooms, and the County will be leasing the buildings to CDI for a
period of one year, with the option to renew the lease on a year-to-year basis. Commissioner
Rademacher moved to approve said lease and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
CONSIDER 2010 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Don Warden, Director of Finance and Administration, stated the County
entered into an agreement with the City of Greeley in October, 1984, to create the Island Grove Park
Authority Board, and entered into a contract regarding operation of the Park. He stated the Board must
set the amount of compensation annually, and the amount for 2010 is $374,962.00, which is
$10,000.00 less than originally expected, due to the increased fees for the upcoming year.
Commissioner Rademacher moved to approve said amount. Seconded by Commissioner Conway, the
motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S PLACE AND
AUTHORIZE CHAIR TO SIGN: Chair Garcia called up items of business #5 through #14 to be
discussed concurrently and considered within one motion. Mr. Warden stated the agreements are for
the funding provided to outside agencies. He indicated the memorandum with A Kid's Place is in the
amount of $9,775.00; Audio Information Network is in the amount of $6,375.00; Envision is in the
amount of $39,206.00; the Greeley Chamber of Commerce is in the amount of $4,250.00; and the Weld
County Senior Citizen Coordinators is in the amount of $10,625.00. He further indicated the
memorandums provide funds for North Range Behavioral Health, in the amount of $111,000.00; United
Way of Weld County, for 211 Information Services, in the amount of $4,280.00; the Human Society of
Weld County, in the amount of $145,964.00; Upstate Colorado Economic Development, in the amount
of $81,750.00; and the Small Business Development Center (SBDC), in the amount of $7,500.00. He
recommended approval of all of the listed memorandums. In response to Commissioner Conway,
Mr. Warden clarified the Board desired to funnel some of the funds, which were originally proposed for
the Upstate Colorado Economic Development, to the SBDC. Commissioner Rademacher moved to
approve said memorandums and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH AUDIO INFORMATION NETWORK OF
COLORADO AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE
CHAIR TO SIGN: See previous discussion.
Minutes, December 16, 2009 2009-3315
Page 3 BC0016
CONSIDER MEMORANDUM OF AGREEMENT WITH ENVISION AS A RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH GREELEY CHAMBER OF COMMERCE AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH WELD COUNTY SENIOR CITIZEN
COORDINATORS AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH UNITED WAY OF WELD COUNTY AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH HUMANE SOCIETY OF WELD COUNTY AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH UPSTATE COLORADO ECONOMIC
DEVELOPMENT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: See previous discussion.
CONSIDER MEMORANDUM OF AGREEMENT WITH UNIVERSITY OF NORTHERN COLORADO
BOARD OF TRUSTEES, FOR THE USE AND BENEFIT OF THE GREELEY/WELD SMALL
BUSINESS DEVELOPMENT CENTER, AS A RECIPIENT OF WELD COUNTY GENERAL FUND
MONIES AND AUTHORIZE CHAIR TO SIGN: See previous discussion.
CONSIDER APPOINTMENT OF CLERK TO THE BOARD: Mr. Warden stated his retirement will
become effective December 31, 2009, and a succession plan has been created in which he will
become a part-time employee, managing the County Budget. He indicated Bruce Barker, County
Attorney, will become the Weld County Clerk to the Board, in addition to his duties as the County
Attorney. Commissioner Conway moved to appoint Bruce Barker as the Clerk to the Board, effective
January 1, 2010. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER APPOINTMENT OF THE DIRECTOR OF FINANCE AND ADMINISTRATION AND
DIRECTOR OF BUDGET AND MANAGEMENT ANALYSIS: Mr. Warden stated as previously
referenced, the succession plan calls for Monica Mika to assume the responsibilities of the Director of
Finance and Administration, and he will assume the part-time responsibilities of the Director of Budget
and Management Analysis. Chair Garcia indicated he wishes all of the previous employees in
attendance could have remained present for this portion of the meeting as well. He confirmed Weld
County is in Mr. Warden's debt for his dedicated service given during the past many years, and for the
services he will be providing within his new responsibilities. Commissioner Conway concurred and
indicated the positive financial situation of Weld County is due to the leadership provided by
Mr. Warden. He indicated Weld County is not facing the financial difficulties that many other Counties
are facing due to the foresight and planning practices implemented by Mr. Warden. He confirmed he is
proud that Weld County is able to maintain a firm standing even during these harsh economic times.
He expressed his appreciation to Mr. Warden for his vision and leadership for Weld County citizens,
Minutes, December 16, 2009 2009-3315
Page 4 BC0016
and reiterated Mr. Warden has served the County well. Commissioner Rademacher concurred with the
sentiments expressed by Commissioner Conway and Chair Garcia, and he moved to appoint Monica
Mika -Daniels as the Director of Finance and Administration, and Donald D. Warden as the Director of
Budget and Management Analysis. The motion was seconded by Commissioner Long, and he
expressed his appreciation to Mr. Warden on behalf of the many residents within Weld County who do
not know him. He indicated Mr. Warden has worked tirelessly to save money for the taxpayers of Weld
County, and he has always made sure that business was conducted in the most efficient and prudent
fashion. Mr. Warden expressed his appreciation to the Board for their kind words, and confirmed he
has worked with 29 Commissioners during his tenure with Weld County. He indicated his level of
success is based upon the support provided by the various Board members, as well as the great staff
employed by Weld County, who shoulder a lot of the work and do a fantastic job. He stated he is
positive that the succession plan containing new positions for Ms. Mika, Mr. Barker, and Barb Connolly
will transition seamlessly, and Chair Garcia concurred that a great succession team has been
assembled. There being no further discussion, the motion carried unanimously.
CONSIDER APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE WELD FINANCE
CORPORATION: Mr. Warden stated the Weld Finance Corporation is a non-profit entity which was
created for the purposes of financing the North Jail complex. He confirmed the Board contains three
members, Mr. Barker, Pat Persichino, and himself; however, now that Ms. Mika will become the
Director of Finance and Administration, it is necessary to substitute her name. He indicated the Board
is currently dormant, and has not issued any current financing; however, it has been recommended that
the Board remain active, due to the amount of work involved to create the Board. He confirmed the
Board meets once per year to hold an annual meeting and submit the proper documentation to the
Secretary of State. He indicated Ms. Mika will fulfill the balance of his ten-year term, with her
appointment to expire November 1, 2017. In response to Commissioner Conway, Mr. Warden
confirmed the entity may be utilized in the future to fund any type of building project, or any type of
community project within Weld County in which the Board determines assistance with funding is
necessary. He clarified a lease purchase agreement may be utilized through the entity, and recent
economic times have created a credit crunch, which has virtually made certificates of participation
obsolete for many local jurisdictions. Commissioner Long moved to appoint Monica Daniels -Mika to the
Board of Directors for the Weld Finance Corporation. Seconded by Commissioner Rademacher, the
motion carried unanimously.
CONSIDER AUTHORIZING CERTAIN WELD COUNTY OFFICIALS TO HAVE ACCESS TO THE
SAFE DEPOSIT BOX AT CHASE BANK — GREELEY: Mr. Warden stated with the transfer of duties, it
is necessary to add Ms. Mika's name to the list of employees which are allowed access to the safe
deposit box utilized by the Clerk to the Board's Office. He confirmed the safe deposit box is utilized for
the safekeeping of various types of collateral submitted through land use cases. He confirmed the list
will now include Ms. Mika, Mr. Barker, and three of the Deputy Clerks to the Board. Commissioner
Conway moved to authorize access for the officials and employees listed within the Resolution.
Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
#1583 - MARGARET DEHAAN / L AND M FARMS, LLC: Kim Ogle, Department of Planning Services,
stated an inspection has revealed that the property is in compliance, and all necessary improvements
have been completed, therefore, he recommended the release of the collateral, in the amount
of $51,000.00. Rich Hastings, Department of Public Works, confirmed the improvements were
completed to the necessary specifications, and he concurs with the recommendation for release of the
collateral. Commissioner Long moved to approve said cancellation and release of collateral.
Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, December 16, 2009 2009-3315
Page 5 BC0016
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW
#1615 - ERO-GUARD WEST, INC.: Mr. Ogle stated staff has completed an inspection at the site, and
all improvements have been completed, therefore, he recommended release of the collateral, in the
amount of $2,850.00. He confirmed the application for USR-1615 was approved for the applicant,
known as Horton Farms II, LLC. Mr. Hastings stated the site is located south of the 1-76 Frontage
Road, and east of County Road 53, and the company produces erosion control blankets. He confirmed
the applicant has completed all required improvements, therefore, he concurs with the recommendation
of release of the collateral. In response to Commissioner Rademacher, Mr. Ogle reiterated the amount
of collateral to be released is $2,850.00. Commissioner Rademacher moved to approve said
cancellation and release of collateral. 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.
There being no further business, this meeting was adjourned at 10:25 a.m.
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BOARD OF COUNTY COMMISSIONERS
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Minutes, December 16, 2009 2009-3315
Page 6 BC0016
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