HomeMy WebLinkAbout20082141.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 6, 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, August 6, 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
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 Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of August 4, 2008,as printed. Commissioner Masden seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Timothy Sieg, Weld County resident, expressed his concerns regarding the intersection
of County Road 35 and State Highway 392. He indicated there has been an increase in semi-truck traffic
due the location of feedlots which have been built within the surrounding area, and he requested that a
flashing yellow cautionary light be installed at the intersection, in order to provide warning for the semi-truck
drivers. He stated numerous cars have been involved in serious accidents at this intersection, and due
to the dip in the road, sight distance is limited. He further indicated he understands a full stoplight at the
intersection is not feasible; however,a flashing cautionary light would be beneficial. Chair Jerke expressed
his appreciation to Mr. Sieg for his comments and confirmed the Board will refer the matter to the
Department of Public Works for review of the intersection. In response to Commissioner Rademacher,
Mr.Sieg confirmed a Stop sign is located on County Road 35; however,during busy traffic times,the traffic
begins to back-up significantly, therefore, the placement of the cautionary light should be on State
Highway 392. Commissioner Long indicated the Colorado Department of Transportation (CDOT) has
jurisdiction over State Highway 392; however, the Board has made requests of this nature in the past.
Commissioner Rademacher confirmed CDOT has been receptive to suggestions within the past. In
response to Chair Jerke, Mr. Sieg indicated vehicles are stopping on County Road 35; however, the
congestion of traffic and the slope of State Highway 392 limit the sight distance. He further stated the
problem is compounded by semi-trucks gaining too much speed on the downhill portion of the hill.
Commissioner Long confirmed he travels within the area on a frequent basis, and he appreciates the
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comments provided by Mr. Sieg. Responding to Commissioner Rademacher, Mr. Sieg provided his
contact information,and Commissioner Rademacher indicated he will present the matter to the Department
of Public Works to be discussed in conjunction with CDOT. Commissioner Masden indicated he is the
Chair for the Upper Front Range Regional Planning Commission (RPC), and he believes this intersection
is within the jurisdiction of the RPC, therefore, he will coordinate with CDOT to discuss the matter as well.
The Board discussed the possibility of adding a turn lane at the intersection, which would require widening
the road. Commissioner Masden confirmed similar safety projects have been provided at other
intersections within the County. Mr. Sieg indicated a new subdivision within the immediate area was
recently approved, and the traffic will increase significantly within the near future as residences are
constructed.
CONSENT AGENDA: Commissioner Rademacher moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PROCLAMATIONS:
CITY OF DACONO CENTENNIAL CELEBRATION -AUGUST 9, 2008: Chair Jerke read the certificate
into the record, commemorating the City of Dacono's 100 years of history.
PRESENTATIONS:
RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE-JAMES FASSLER AND
RON BERNHARDT: Chair Jerke read the certificates into the record, recognizing James Fassler and Ron
Bernhardt for their service on the Building Trades Advisory Committee.
RECOGNITION OF SERVICES, FAMILIES, YOUTH, AND CHILDREN COMMISSION - DR. DANIEL
FAHRENHOLTZ: Chair Jerke read the certificate into the record, recognizing Dr. Daniel Fahrenholtz for
eleven years of service with the Families, Youth, and Children Commission.
RECOGNITION OF SERVICES, AREA AGENCY ON AGING - LORNA LOSH: Chair Jerke read the
certificate into the record, recognizing Lorna Losh for two years of services with the Area Agency on Aging.
RECOGNITION OF SERVICES, BOARD OF PUBLIC HEALTH - ANNE SALAZAR AND STAN CASS:
Chair Jerke read the certificate into the record, recognizing Anne Salazar and Stan Cass for their service
on the Board of Public Health.
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 $834,220.15
Commissioner Masden moved to approve the warrants as presented by Mr. Warden. Commissioner
Garcia seconded the motion, which carried unanimously.
BIDS:
APPROVE AIR CONDITIONING UNITS BID - DEPARTMENT OF BUILDINGS AND GROUNDS:
Mr. Warden stated vendor McCreery and Sun has proposed replacing the existing two units with six
smaller units, and he confirmed the existing units are obsolete. He indicated staff recommends
acceptance of the low bid from McCreery and Sun, in the amount of $64,762.34. Responding to
Commissioner Rademacher, Toby Taylor, Department of Buildings and Grounds, confirmed the quoted
price includes all installation costs for the new units, as well as the removal costs for the obsolete units.
Minutes, August 6, 2008 2008-2141
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He further stated one of the obsolete units is non-functioning, and the combined six units will provide
20 tons of cooling capacity. He confirmed the smaller six units will be placed within the building without
major reconfiguration, the vendor is a local company, with adequate parts and service, and the new units
are similar to other units already operating within other County buildings. Mr. Warden confirmed one staff
member is specially trained to provide maintenance on the air conditioning units. Chair Jerke confirmed
McCreery and Sun is a long-time local provider. Mr. Warden stated the existing units are excessively
large, and the placement of the units over 30 years ago required a crane; however, the units may now be
dismantled for removal. Mr. Taylor confirmed the existing units are not re-usable, therefore, the vendor
will remove and destroy the units. He indicated the removal of the units will be coordinated at a time when
employees are not working, due to the noise which will be produced. Commissioner Rademacher moved
to approve said bid, based upon staff recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously.
NEW BUSINESS:
CONSIDER STANDARD FORM FOR ADDENDUM TO AGREEMENT TO PURCHASE CHILD
PLACEMENT AGENCY SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS: Bruce Barker, County Attorney, stated this item of business
is similar to the next four items of business, which are standard forms for addendums to five types of
agreements. He indicated the providers enter into a standard contract created by the State, and the
addendum is created by Weld County. He clarified each standard form provides a copy of the addendum
and a list of the providers, and the standard language included within a contract is a part of the addendum
as well. He further clarified the addendums contain program specific requirements, which are developed
by the Department of Human Services. Chair Jerke indicated Judy Griego, Director, Department of Human
Services, presented these items within a work session, which she reviewed in depth for the Board.
Commissioner Long moved to approve said standard form. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER STANDARD FORM FOR ADDENDUM TO AGREEMENT TO PURCHASE RESIDENTIAL
CHILD CARE FACILITY SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS: Based upon the previous discussion, Commissioner
Rademacher moved to approve said standard form. Seconded by Commissioner Masden, the motion
carried unanimously.
CONSIDER STANDARD FORM FOR ADDENDUM TO AGREEMENT TO PURCHASE THERAPEUTIC
RESIDENTIAL CHILD CARE FACILITY SERVICES/RESIDENTIAL CHILD CARE FACILITY SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS:
Commissioner Long indicated Therapeutic Residential Child Care Facility Services are the most expensive
services to provide since intensive therapy services are provided to the children. Commissioner Long
moved to approve said standard form. Seconded by Commissioner Masden, the motion carried
unanimously.
CONSIDER STANDARD FORM FOR ADDENDUM TO AGREEMENT TO PURCHASE SPECIALIZED
GROUP HOME CARE SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS: Commissioner Long moved to approve said standard form.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER STANDARD FORM FOR ADDENDUM TO INDIVIDUAL PROVIDER CONTRACT FOR
PURPOSE OF FOSTER CARE SERVICES AND FOSTER CARE FACILITY AGREEMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS:
Commissioner Long stated Lutheran Family Services and other vendors provide training and respite
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services for foster parents. Commissioner Rademacher moved to approve said standard form. Seconded
by Commissioner Masden, the motion carried unanimously.
CONSIDER APPLICATION FOR TEMPORARY ASSEMBLY OF MORE THAN 350 PERSONS ON
SEPTEMBER 27, 2008 - NICK SEKICH: Bruce Barker, County Attorney, stated the application is for an
event to be held on September 27, 2008, for the purpose of raising funds for the Rotary Club of Mead.
He indicated the property owner where the event will be held is Nick Sekich,who has provided his consent
for the event, and the Sheriffs Office has indicated no concerns with the proposed. He indicated this is
the third year in which the even has been held at the Sekich property, and Mr. Sekich has again requested
that the Board waive the requirement of a surety bond. He clarified the surety bond is provided as a
security measure to ensure the property is cleaned up after the event,and he confirmed the Board has not
had any problems with the applicant within the past. No public testimony was provided regarding the
matter. Commissioner Rademacher moved to approve said application. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR A SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN -
ROTARY CLUB OF MEAD, C/O NICK SEKICH: Mr. Barker stated the application for a Special Events
Permit will allow the applicant to sell alcoholic beverages during the fundraiser. He stated the map
provided indicates the service of the alcoholic beverages will be contained to a separate beer garden area.
No public testimony was provided regarding the matter. Commissioner Rademacher moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried
unanimously. (Clerk's Note: The Colorado Division of Liquor Enforcement later required the application
to be processed through the name of The Denver Foundation, therefore, the permit was corrected to reflect
the applicant as The Denver Foundation, c% The Rotary Club of Mead.)
CONSIDER AGREEMENT FOR RIGHT-OF-ENTRY FOR ENVIRONMENTAL ASSESSMENT AND
RESPONSE AND AUTHORIZE CHAIR TO SIGN - NORTH WIND, INC.: Mr. Barker stated the County
has provided entry to the Missile Park Site for several years, for the purpose of completing environmental
assessment. He clarified during former use of the Missile Park Site, certain chemicals were utilized which
now create a concern due to the spillage of the chemicals on the property. He recommended approval
of the agreement. In response to Commissioner Rademacher, Mr. Barker indicated the company will
provide monitoring services, and will research where the chemical is located on the property, and will test
the groundwater at the site. Mr. Warden indicated there were many fuel tanks located on the property
many years ago. Mr. Taylor indicated when the property was being actively utilized as a missile site, crews
utilized a chemical to clean out the fuel lines, and then the chemical was dumped onto the ground. He
clarified the chemical has seeped into the groundwater, and the company will drill additional monitor wells,
which is allowed through a federal grant. He stated once the wells are drilled, an in-situ mining technique
will be utilized to pump the chemical out of the ground and groundwater. He further stated the amount of
the chemical will not be known until additional monitoring is completed. Responding to Commissioner
Rademacher, Mr. Warden confirmed all of the tanks previously located on the site have been removed
from the site. In response to Chair Jerke, Mr. Taylor indicated the chemical is still present within the
groundwater, and the company is working to figure out a solution to be able to extract the chemical. He
further stated the monitoring wells will provide the amount of chemical, and a schedule will be provided
regarding the clean-up of the chemical. Responding to Commissioner Rademacher, Mr. Taylor indicated
there are currently monitoring wells located on the site, which have indicated the chemical is present. In
response to Commissioner Masden, Mr. Taylor indicated the company will not be testing if the chemical
has migrated from the site, and there are no monitoring wells located off-site. Further responding to
Commissioner Masden, Mr.Warden indicated any necessary superfund cleanup is the responsibility of the
federal government. Commissioner Garcia moved to approve said agreement and authorize the Chair to
sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, August 6, 2008 2008-2141
Page 4 BC0016
CONSIDER RESTATEMENT OF THE WELD COUNTY 401(K)SAVINGS PLAN AND AUTHORIZE CHAIR
TO SIGN: Mr. Warden stated the 401(k) Plan, administered by Principal, will be modified due to the
changes enacted through the Economic Growth and Tax Relief Reconciliation Act of 2002. He indicated
all 401(k) Plans must be restated every five years, and Weld County's Plan must be restated no later than
January 31, 2009. He clarified all of the amendments completed since the enactment of the Plan will be
restated into one document. He indicated several modifications were also necessary to be in full
compliance, including the catch-up provision for employees over the age of 50, and the expansion of the
portability of the retirement accounts. He confirmed the modifications are dictated by federal law, faster
vesting and rollover options will be provided, and many of the outdated provisions will be repealed. He
further stated the document is a generic form provided by Principal,for ease of administration, and to save
money for administration costs. Mr. Warden recommended approval of the restatement, and indicated the
document will be submitted to the Internal Revenue Service (IRS), which will provide a letter of
determination. Commissioner Garcia moved to approve said restatement of plan and authorize the Chair
to sign. The motion was seconded by Commissioner Masden. Responding to Commissioner Masden, Mr.
Warden clarified the IRS is able to audit the document, and Weld County has only been audited once
within the past 25 years. He indicated due to the increased amounts of compliance audits, there is a
greater likelihood that Weld County will be audited on a more frequent basis. He further stated outside
auditors do not provide an audit of this document from a compliance standpoint. Responding to
Commissioner Rademacher, Mr. Warden stated the changes will become effective immediately, and the
letter of determination from the IRS will be received within approximately six months. He further stated the
457 Plan with GreatWest will also have a new document, and meetings between representatives and
employees will be held to facilitate questions or modifications. There being no further discussion, the
motion carried unanimously.
CONSIDER AUTHORIZING BOARD OF COUNTY COMMISSIONERS TO ADJOURN AS BOARD OF
EQUALIZATION FOR CALENDAR YEAR 2008: Commissioner Masden moved to approve said
authorization. Seconded by Commissioner Garcia, 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, August 6, 2008 2008-2141
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
7F,11. ! , :', WELD COUNTY, COLORADO
ATTEST: , �n a—r i
1%6 y c, 'Iliam H. Jerke, Chair
Weld County Clerk to the B ryi , ?� //
! Robert D. asden, Pro-Tem
BY: i
Deputy Clerk a Board
Willia Gar 'a
David E. Long
oe or-a _
ouglas ademacher
Minutes, August 6, 2008 2008-2141
Page 6 BC0016
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