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Home My WebLink About20083341.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 17, 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, December 17, 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 Masden moved to approve the minutes of the Board of County Commissioners meeting of December 15, 2008, as printed. Commissioner Long seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Emergency Ordinance #239-B by tape. Commissioner Rademacher seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on December 15, 2008, as follows: 1) Hearing to Receive Public Input Regarding Weld County Road 24 Corridor Study; 2)Annual Meeting of, and 2009 Budget for, Weld County Pioneer Community Law Enforcement Authority Board; 3)Annual Meeting of, and 2009 Budget for, Southwestern Weld County Law Enforcement Authority Board; 4)Annual Meeting of, and 2009 Final Budget for Beebe Draw Law Enforcement District Authority Board; and 5) 2009 Final Budget. Commissioner Masden 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. 2008-3341 BC0016 PRESENTATIONS: 2008 SAFETY AND WELLNESS AWARD - DEPARTMENT OF PUBLIC WORKS: Chair Jerke read the certificate into the record, recognizing employees within the Department of Public Works for the implementation of a paved path for physical activity, as well as a indoor track within the building for exercise during inclement weather. Pat Persichino, Department of Public Works, expressed his appreciation to the employees within his Department. Commissioner Masden stated the employees within this Department are deserving of this award for their foresight and commitment to lead Weld County to "think outside of the box." He confirmed the Safety and Wellness Program is beneficial for all employees, as well as their immediate families, and he hopes that participation within the Program will continue to increase in upcoming years so that employees may continue to improve the quality of their life. Chair Jerke confirmed that employees taking care of their health is necessary, and he appreciates the efforts of the Department of Public Works. 2008 EMPLOYEE SERVICE AWARDS - 10 AND 20 YEAR EMPLOYEES: Chair Jerke read the presentation into the record, and the various Department Heads presented the service awards to employees,according to the attached list. Chair Jerke expressed his appreciation to the listed employees for the longevity of their service, and indicated he is proud that Weld County employees have earned the trust of the public. Commissioner Rademacher concurred, indicating the Board gives serious consideration to the "human capital", making it a priority, and he is pleased that Weld County is able to retain so many knowledgeable employees. He expressed his appreciation to all Weld County employees for their dedicated service. Commissioner Masden indicated Weld County does not operate in a different manner than other municipalities and public entities within the State; however, Weld County is able to provide a better quality of life for its residents, and he confirmed the employees of Weld County are the main reason a better quality of life exists. Commissioner Long expressed his appreciation to all of the employees which represent Weld County, as well as to Commissioners Jerke and Masden, who have provided the same level of service expected of their employees during their eight years of service. He indicated it has been honor to serve alongside both Commissioners. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. OLD BUSINESS: CONSIDER TWO APPLICATIONS FOR FEDERAL ASSISTANCE FOR DUAL LANGUAGE INSTITUTE FUNDING SUPPORT AND AUTHORIZE CHAIR TO SIGN (CON'TFROM 12/1/08): Judy Griego, Director, Department of Human Services, stated the applications request reimbursement funds for three staff members who attended the Dual Language Institute in October, 2008. She indicated the goals of the Institute were to improve understanding of the dual language initiative and second-language acquisition issues facing children enrolled within Head Start; to increase understanding and knowledge of the needs of non-English speaking populations; and to increase understanding and skills in the effective delivery of needed second-language acquisition services. Commissioner Garcia expressed his appreciation to Ms. Griego for the additional information she previously provided within a work session, and indicated he concurs that the children within the program should be taught in English so that they are prepared to succeed during their school years. Chair Jerke indicated he also appreciated the in-depth information Ms. Griego provided during the work session; however, he does not support the dual language concept, therefore, he is not in support of the Resolution. Commissioner Long moved to approve said applications and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher. Upon request for a roll call vote, the motion carried four to one, with Chair Jerke opposed. NEW BUSINESS: CONSIDER MEMORANDUM OF UNDERSTANDING FOR ADOPTIVE FAMILY REQUIREMENTS AND AUTHORIZE CHAIR TO SIGN - PROJECT 1.27: Ms. Griego stated the memorandum is a non-financial agreement between the Department and Project 1.27, which provides training for adoptive families, Minutes, December 17, 2008 2008-3341 Page 2 BC0016 conducted within a church host facility. She stated Department staff and administrators for Project 1.27 have been working to establish a good working relationship to qualify families to adopt legally-free children, to foster or adopt legal-risk children,and to foster children. Commissioner Rademacher moved to approve memorandum and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER MEMORANDUM OF UNDERSTANDING FOR MIGRANT/SEASONAL HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Ms. Griego stated Weld County School District 6 will locate, identify, and evaluate children residing within the District who may have a disability requiring special education services. She stated the memorandum indicates children within the specific age group for the Head Start Program will be referred to the Department, and the term of the memorandum is December 1, 2008, through November 30, 2009. Commissioner Long moved to approve said memorandum and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER EXPENDITURE AUTHORIZATIONS FOR WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the expenditure authorizations provide for funds, in the amount of$41,595.00,for the Performance Incentive;funds,in the amount of$25,000.00,for the Business Outreach and Marketing; and fund, in the amount of$96,050.00, for the Wagner-Peyser Adjustment#4. She indicated the fund usage and deliverables were discussed in detail within the Board's previous work session. Commissioner Rademacher moved to approve said expenditure authorizations and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CONTRACT FOR ENERGY SAVING PARTNERS PROJECT AND AUTHORIZE CHAIR TO SIGN-NORTHEASTERN COLORADO ASSOCIATION OF LOCAL GOVERNMENTS: Ms. Griego stated the Weld County Youth Conservation Corp (WCYCC)will install energy efficient products in low-income households which are eligible for LEAP assistance. She indicated the reimbursement amount will be calculated at a cost of$223.31 per household, for a total reimbursement of $89,324.00, provided by the Northeastern Colorado Association of Local Governments (NECALG). In response to Chair Jerke, Ms. Griego explained Weld County is not a member of the NECALG, and the NECALG is an area of counties designated by the Colorado Department of Local Affairs. Further responding to Chair Jerke, Ms. Griego confirmed youth from the WCYCC will be completing the installation work and the installations will all be done within Weld County. Don Warden, Director of Finance and Administration, clarified energy efficiency programs operated by the State are usually run by a specific county within a region, and Weld and Larimer Counties previously operated similar programs. He indicated the NECALG is now operating the energy efficiency program, and enters into contracts with the specific counties in which the project will take place. Commissioner Garcia confirmed he has been in contact with Eric Warrington,and the WCYCC is ready to proceed with the project. Commissioner Garcia moved to approve said contract and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER 2009 AMOUNT TO BE PAID FOR INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Mr. Warden 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 2009 is $401,601.00. He clarified the provided funds are generated through lottery funds. In response to Chair Jerke, Mr. Warden indicated the lottery funds are projected to be larger than the amount of compensation provided; however, if the required amount is not raised through lottery funds, funds may be utilized from the general fund. Responding to Commissioner Rademacher, Mr. Warden stated the funds provided are utilized for staff salaries and energy costs. Commissioner Rademacher moved to approve said amount. Seconded by Commissioner Masden, the motion carried unanimously. Minutes, December 17, 2008 2008-3341 Page 3 BC0016 CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING AND AUTHORIZE CHAIR TO SIGN - A KID'S PLACE: Mr. Warden stated items of business #6 through #18 are all similar in nature, which are agreements for the funding provided to outside agencies. He indicated the agencies are all the same as the previous year, with the exception of the Greeley/Weld Small Business Development Center (SBDC). Upon request from Mr.Warden,and upon concurrence of the Board members,Chair Jerke called up items of business #6 through #18 to be considered within one motion. Mr. Warden indicated the memorandum with A Kid's Place is in the amount of$16,500.00; North Range Behavioral Health is in the amount of$104,599.00; the Humane Society of Weld County is in the amount of $148,500.00, and the SBDC is in the amount of $5,000.00. He further stated the memorandums provide funds for the Weld County Juvenile Assessment Center, in the amount of$30,030.00; United Way of Weld County, for 211 referral services, in the amount of $25,000.00; Promises for Children, in the amount of $10,000.00; Envision, in the amount of$46,125.00;Audio Information Network of Colorado,in the amount of$7,500.00; the Greeley Chamber of Commerce, in the amount of $5,000.00; Upstate Colorado Economic Development, in the amount of $100,000.00; North Range Behavioral Health (formerly Island Grove Regional Treatment Center), in the amount of$26,000.00; and Weld County Senior Citizen Coordinators, in the amount of$12,500.00. Mr.Warden confirmed all of the amounts have been included within the 2009 Weld County Budget, and he recommended approval of all of the memorandums. Commissioner Long moved to approve said memorandums and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-HUMANE SOCIETY OF WELD COUNTY: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GREELEY/WELD SMALL BUSINESS DEVELOPMENT CENTER (SBDC): See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY JUVENILE ASSESSMENT CENTER: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -UNITED WAY OF WELD COUNTY: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PROMISES FOR CHILDREN: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ENVISION: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - AUDIO INFORMATION NETWORK OF COLORADO: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - GREELEY CHAMBER OF COMMERCE: See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT: See previous discussion. Minutes, December 17, 2008 2008-3341 Page 4 BC0016 CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH (FORMERLY ISLAND GROVE REGIONAL TREATMENT CENTER): See previous discussion. CONSIDER MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY SENIOR CITIZEN COORDINATORS: See previous discussion. EMERGENCY ORDINANCE#239-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION FOR THE YEAR 2008: Mr. Warden indicated the text of the Ordinance was read by tape, and the Ordinance provides the final appropriations for the 2008 Budget. He indicated the exhibits are a series of account ledgers, and he provided a brief explanation of the appropriations, as listed within his memorandum. He indicated after the appropriations are completed, the general fund balance will contain more funds than at the beginning of 2008. In response to Commissioner Masden, Mr.Warden indicated fuel costs for 2009 have been anticipated at a rate of $4.00 per gallon for diesel, and $3.50 per gallon for gasoline. He clarified trends indicate the price is expected to rise from the current low cost, and he believes the County should provide an ample cushion for the potential of rising fuel costs. Responding to Chair Jerke, Mr. Warden confirmed the federal rate for mileage reimbursement will drop to $0.55 per mile, beginning January 1, 2009, and the County will reimburse mileage at a rate of$0.53 per mile. He further stated fuel costs do not provide a large impact on the reimbursement rate. No public testimony was provided regarding the matter. Commissioner Rademacher moved to approve Emergency Ordinance #239-B. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER RESCINDING RESOLUTION#2008-1042, DATED APRIL 7,2008,AND RE-ESTABLISHING DISTRICT ATTORNEY'S SALARY FOR TERM JANUARY 1, 2009, THROUGH DECEMBER 31, 2012: Mr.Warden stated the previous Resolution, approved in April, 2008, established the salary of the District Attorney to increase by$10,000.00 per year, for the next four years; however, during discussion with the current District Attorney, Ken Buck, it was suggested that the salary be averaged, as set at an amount of $145,000.00 per year,for the next four years. He confirmed the average amount will not require any extra allocation of funds, the minimum wage of$130,000.00, set by the State, will be exceeded, and the salary must be established before Mr. Buck is sworn into office for his second term. He clarified the salary re-establishment does not negatively affect the Budget,especially since the County has historically set one salary figure for the entire term before the County Council began to recommend staggered salaries. Chair Jerke indicated he concurs with the request since it will equal the same amount of money over a four-year period. Commissioner Rademacher moved to rescind said Resolution and re-establish the salary for the District Attorney. Seconded by Commissioner Masden, the motion carried unanimously. PLANNING: CONSIDER FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE)AND AUTHORIZE CHAIR TO SIGN - LIFEBRIDGE CHRISTIAN CHURCH: Bruce Barker, County Attorney, stated he was previously contacted by representatives of LifeBridge Christian Church, requesting release of the previously submitted collateral, since construction activities are not currently taking place on the site. He clarified the Church was required to post collateral at the time the Improvements Agreement was completed; however, due to the turnaround within the economy, the Church has backed out of current construction plans. He indicated the amendment will modify Paragraph 7.1 of the original agreement, indicating the Church must provide 100 percent of the required collateral at the time construction activities commence. He further indicated the Church has been seeking annexation to either the Towns of Frederick or Firestone, and an amendment to Paragraph 3.5 indicated the required improvements must be completed, even if the property is annexed into a municipality. In response to Chair Jerke, Mr. Barker confirmed the Resolution will need to contain a paragraph indicating the specifics of the collateral which has already been released to the Church; however, he recommended approval of the Resolution. Chair Minutes, December 17, 2008 2008-3341 Page 5 BC0016 Jerke indicated he prefers that the Resolution is not approved until the required language is placed within the Resolution, and he suggested continuing the matter to the following week. In response to Mr. Barker, Commissioner Garcia moved to continue the matter to December 22, 2008, at 9:00 a.m. Seconded by Commissioner Long, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Emergency Ordinance #239-B was 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 10:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Try ATTEST: fitjaal "t7 �H. r C ilti H. Jerke, Chair A ,_ Weld County Clerk to We''p Ord V 7, Eti ein 1 Robe as Pro T BY: Uce .- (/� .- Deputy Clerk to the Bo Wil ' m F. Garcia `_ avid E. Long glas ademacher Minutes, December 17, 2008 2008-3341 Page 6 BC0016 Hello