HomeMy WebLinkAbout20082058.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 28, 2008
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 28, 2008, 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. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of July 23, 2008, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on July 23, 2008, as follows: 1)USR#1652-J.A.R. Holdings, LLC; and 2)USR#1633-Spicer
Ranches, LTD. Commissioner Rademacher 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 Masden seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $1,541,124.29
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
2008-2058
BC0016
OS//.w-I0 5!
BIDS:
APPROVE COURTS WEST AND CENTENNIAL CENTER CONSTRUCTION PHASE IV BID -
DEPARTMENT OF FINANCE: Monica Mika, Director of Administrative Services, stated the construction
project is expected to last approximately ten months,and staff recommends acceptance of the second low
bid, since the low bid was incomplete due to concerns with product specification. She clarified the second
low bid was submitted by Growling Bear Company, Inc., in the amount of$3,956,906.00. Responding to
Chair Jerke, Ms. Mika confirmed the company has completed projects for Weld County in the past, and
has been on time and on budget. In response to Commissioner Rademacher, Ms. Mika indicated all of
the bids provided accounted for an approximate ten month duration. Mr.Warden clarified most of the work
will be completed at night, due to the use of courtrooms during the day, and the night work also added to
the cost of the overall project. Commissioner Garcia moved to approve said bid, based upon staff's
recommendation. Seconded by Commissioner Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER THIRTEEN CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS
PROVIDERS AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services,
stated the agreements are primarily for a period of June 1, 2008, through May 31, 2009, and she provided
the names of the providers, the types of services provided, and the maximum reimbursement amounts for
the record. Responding to Chair Jerke, Ms. Griego confirmed there are adequate funds within the budget
to be able to utilize the maximum reimbursement amount for all of the vendors; however, it is not
anticipated that all maximum reimbursement amounts will be utilized. She further clarified if the Core
Services budget is exceeded, the excess amount will be utilized from Child Welfare Block funds, and it is
the goal of the Department to maximize Core Services funds since any overages must be returned to the
State. Commissioner Rademacher moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR EMERGENCY MANAGEMENT PERFORMANCE GRANT AND
AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Office of Emergency Management, stated the agreement
is for the 2008 Emergency Management Performance Grant, and only one quarter remains for the 2008
year. He indicated the funds will be utilized to help support emergency management operations, and funds
a portion of the budget of the Office of Emergency Management. He clarified the grant application was
submitted in April, 2008, and approved by the State, therefore, the Board must now approve the
subsequent agreement. Responding to Commissioner Rademacher, Mr. Rudisill stated a fifty percent
match is provided, and he clarified the entire budget amount is included within the application materials,
which includes a portion of several salaries, therefore, the overall request of the application was for
$173,000.00. In response to Mr. Warden, Mr. Rudisill indicated the funds awarded are an excess for the
2008 Budget; however, he is not sure if the amount will be comparable for the 2009 Budget. Mr. Warden
indicated the State has provided extra funds, which is the first increase in a long time, and the match
amount can be considered as in-kind services. Commissioner Rademacher moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER ACCEPTANCE OF DONATION OF VAN FOR SWAT NEGOTIATIONS TO WELD COUNTY
SHERIFF'S OFFICE FROM LARIMER COUNTY: Les Cogswell, Sheriff's Office, stated the SWAT team
currently only has one vehicle to transport members to and from raids, and in order to provide effective
negotiations, another vehicle is necessary for the negotiations team. He stated Larimer County was
recently able to obtain a new vehicle, therefore, the old vehicle is not necessary; however, it must be
donated since it was purchased using grant funds. He clarified the vehicle, a Ford van, is in good shape,
and the new engine within the vehicle only has approximately 4,000 miles. Chair Jerke indicated he hopes
Minutes, July 28, 2008 2008-2058
Page 2 BC0016
the vehicle will not require a large amount of usage. Commissioner Masden moved to approve said
acceptance of donation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN - VIPER2, INC., DBA BORDERLINE: Bruce Barker, County Attorney, stated a memorandum was
provided from Deputy Ornelas, which indicates it was discovered that the back room is utilized for playing
poker. Michael Ornelas, Sheriffs Office, stated he completed a physical inspection of the establishment,
at which time he found a locked room, and the manager on-site indicated she did not have a key to the
room. He clarified the manager indicated the room is utilized for Saturday night poker games, of which
she had no information. He stated he contacted the Liquor Enforcement Division, and a representative
has been working with the applicant to bring the site into compliance, and will conduct an additional
inspection. Mr. Ornelas further stated the restaurant portion of the establishment had been closed,
therefore, no food was being provided, and the representative from the Liquor Enforcement Division was
also working with the applicant to correct the situation. He indicated the establishment does not sell a large
quantity of alcohol; however, many lottery tickets are sold at the establishment. Responding to
Commissioner Masden, Mr. Ornelas confirmed the applicant is working to satisfy the requirements
regarding food service at the establishment, and indicated the liquor license is for consumption on the
premises. In response to Chair Jerke, Mr. Barker clarified the Board already determined the need of the
neighborhood during the initial review to grant a liquor license,and indicated the need for the establishment
is not considered as a part of the renewal process. He indicated the testimony provided regarding the
gambling on Saturday nights is a major issue, and he recommended that the matter be continued until
more information can be provided from the Liquor Enforcement Division. In response to Mr. Barker, Mr.
Ornelas stated the representative indicated he would provide a follow-up inspection within one month.
Responding to Mr. Barker, Mr. Ornelas indicated he is not sure how often patrol deputies are able to
provide inspections at the establishment. Mr. Barker recommended that the matter be continued for a
period of two to three weeks, and he will contact the Liquor Enforcement Division for follow-up information
and to obtain a report. Upon conferring with the Acting Clerk to the Board, Commissioner Rademacher
moved to continue said renewal application to August 18, 2008, at 9:00 a.m. Seconded by Commissioner
Masden, the motion carried unanimously.
CONSIDER AGREEMENT TO AMEND/EXTEND CONTRACT WITH BROKER AND AUTHORIZE CHAIR
TO SIGN - HEPP REALTY, LLC/ELIZABETH MARTIN: Ms. Mika stated the contract is for the sale of the
former Fort Lupton Administrative Offices located at 330 Park Avenue, and the agreement will extend the
date of the existing contract and reduce the purchase price to $299,950.00. She stated the current
purchase price is listed at$325,000.00,and nothing in the immediate area has been selling other than one
commercial building which recently sold. In response to Commissioner Masden, Ms. Mika indicated
several prospective buyers have toured the building; however, many of the buyers have indicated that too
much work would be required to retrofit the building for their needs. Commissioner Masden moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner Rademacher
moved to appoint Patricia Flack to the Community Corrections Board,with a term to expire August 1,2011.
Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2009: Mr. Warden
stated the list of holidays was previously circulated among the Board members for consideration. He
indicated the list contains the twelve standard holidays, and the three floating holidays for 2009 are
scheduled for January 2, November 27, and December 24. Commissioner Masden moved to approve the
itemized list of legal holidays. Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, July 28, 2008 2008-2058
Page 3 BC0016
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-6, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE: Commissioner Masden moved to read Ordinance #2008-6 by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record and
stated the Ordinance provides for modifications to the retirement and phased retirement plans, regulations
concerning jury duty and court testimony, and the reporting of injuries related to Worker's Compensation.
He indicated there have been no changes from the second reading. In response to Chair Jerke, Mr. Barker
clarified an employee must provide written notice of an injury to their supervisor within 24 hours of when
the injury occurred. He clarified new State law requires the provision of a designated medical provider list
for employees injured on the job, and claims for chiropractic services and other forms of alternative
medicine will not be paid unless a referral is made by the attending physician. Further responding to Chair
Jerke, Mr. Barker indicated the supervisor must report the injury to the Department of Human Resources
within 48 hours, and the injured employee must review and submit the authorization forms within five days
of the work-related accident. He further stated if the correct notification and forms are not provided within
the correct time frame, the employee may not be able to receive full compensation. No public testimony
was provided regarding the matter. Commissioner Rademacher moved to approve Ordinance #2008-6
on final reading. Seconded by Commissioner Masden, the motion carried unanimously.
FINAL READING OF WELD COUNTY CODE ORDINANCE#2008-7, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY
CODE: Commissioner Masden moved to read Ordinance #2008-7 by title only. Seconded by
Commissioner Garcia, the motion carried unanimously. Mr. Barker read said title into the record and
stated the Ordinance provides the specifications for the placement of roadside memorial signs within the
County. He indicated no changes have been made since second reading, and he recommended approval.
No public testimony was provided concerning the matter. Commissioner Masden moved to approve
Ordinance #2008-7 on final reading. Seconded by Commissioner Rademacher, the motion carried
unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#407-
FOSTER EQUIPMENT COMPANY, DBA FOSTER AND FOSTER, LLC, C/O NEAL AND JUDITH
FOSTER: Tom Honn, Director, Department of Planning Services, stated the applicant has requested a
release of the collateral, in the amount of$87,408.00. He confirmed the Departments of Planning Services
and Public Works have completed the necessary site inspection, and have determined that all
improvements have been completed, therefore, he recommended approval of the cancellation.
Commissioner Garcia moved to approve said cancellation and release of collateral. Seconded by
Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinances #2008-6 and #2008-7 were approved on final 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 28, 2008 2008-2058
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:40 a.m.
BOARD OF COUNTY COMMISSIONERS
,,�0 F 1 WELD COUNTY, COLORADO
ATTEST: �� "'°'�J
t sQ WiII H. Jerke, it
Weld County Clerk to the'.oa
♦� A
RobertD S en,"Pro-Tem
BY: ����/d i !�'�1 ►! �:�1� / ( /c
Deputy Clerk t e Board
William F. Garcia
EXCUSED
David E. Long
Douglas ademache
Minutes, July 28, 2008 2008-2058
Page 5 BC0016
Hello