HomeMy WebLinkAbout20053220.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 31, 2005
TAPE #2005-41
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, October 31, 2005, 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 M. J. Geile, Pro-Tem - EXCUSED
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny 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 October 26, 2005, as printed. Commissioner Vaad seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on October26,2005,as follows: 1)Show Cause Hearing regarding USR#1100-Joe and Rita
Gaona;2)PZ#1093-Terra Firma Ventures,LLC;and 3)2nd AMPF#431 -DBM Consulting, LLC,Go RLJ
Architectural Services, and Lehigh Enterprises Acquisition Group. Commissioner Long seconded the
motion, which carried unanimously.
AMENDMENTS TO AGENDA: Chair Jerke added new Item of Business #10 - Consider Contract for
Potholing Services for Weld County Roads 40.5 and 5, Between Weld County Road 3 and State Highway
56 and authorize Chair to sign - Crasco, LLC. Mr. Warden added Read Ordinance by Tape for
Ordinance#2005-14.
READ ORDINANCE BY TAPE:Commissioner Long moved to read Code Ordinance#2005-14 by tape.
Commissioner Masden seconded the motion, which carried unanimously.
PUBLIC INPUT: Jorge Amaya presented a letter to the Commissioners, marked Exhibit A. Mr.Amaya
stated the letter is in response to the resolution regarding support for the location of an immigration and
customs office. He recommended that the Board initiate a Community Impact Study to determine costs
created by the undocumented workers in our region, and gather input from all County Departments and
2005-3220
BC0016
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local medical facilities providing services to the indigent clientele. He further recommended that the Board
introduce a Resolution which would enforce existing laws in regards to employers who hire undocumented
workers. He stated strict penalties should be imposed on employers who hire undocumented workers,and
the funds provided by the fines should be used to ease the financial burdens on our local health and
educational providers. Mr.Amaya further recommended requiring each undocumented worker to reveal
the identify of their employer prior to being deported. He stated employers are taking advantage of
undocumented workers, and medical claims in the area are rising because the employers do not provide
Worker's Compensation or regular health insurance for the workers. He further stated as competition for
jobs increase, many employers are favoring undocumented workers over native residents. Chair Jerke
thanked Mr. Amaya for his comments.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Long 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 $501,537.54
Electronic Transfers -All Funds $1,217,123.32
Commissioner Long moved to approve the warrants as presented by Mr.Warden. Commissioner Masden
seconded the motion, which carried unanimously.
BIDS:
APPROVE QUALIFICATION BASED PROPOSAL FOR WCR 3 TO WCR 1.5 PROJECT-DEPARTMENT
OF PUBLIC WORKS: Frank Hempen,Jr., Director of Public Works,stated fifteen proposals for engineering
services were reviewed,and the Department of Public Works recommended approval of the bid submitted
by Bucher,Willis, and Ratliff Corporation. Commissioner Vaad moved to approve said bid. Seconded by
Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
BUCHER, WILLIS, AND RATLIFF CORPORATION: Mr. Hempen stated the agreement provides the
necessary engineering plans and right-of-way documents for the Weld County Roads 3 and 1.5 project,and
the agreement is in the amount of$226,420.00. Commissioner Vaad moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF
WCR 104 AND AUTHORIZE CHAIR TO SIGN-SHEN GRUBER,THE S AND J COMPANY, INC.: Don
Carroll, Department of Public Works, stated the nonexclusive license agreement is required through
Recorded Exemption#4165. Mr. Carroll stated Lots A and B will be accessed by Weld County Road 104,
east of Weld County Road 21. He stated 60 feet of right-of-way is available, and surrounding property
owners have no concerns. In response to Chair Jerke, Mr. Carroll stated Lot A is 34.9 acres and Lot B is
45 acres. Commissioner Long moved to approve said nonexclusive license agreement and authorize the
Chair to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
Minutes, October 31, 2005 2005-3220
Page 2 BC0016
CONSIDER TEMPORARY CLOSURE OF HEMLOCK AVENUE BETWEEN EAST 18TH STREET AND
EAST 24TH STREET: Mr. Hempen stated Hemlock Avenue was closed on October 20 2005, for
emergency road repairs. He stated a hole appeared in the road behind a drainage structure,and the road
was re-opened on October 24,2005. In response to Chair Jerke, Bruce Barker,County Attorney stated a
Resolution is required by State statute for any road closure over 72 hours. Commissioner Long moved to
approve said temporary closure. Seconded by Commissioner Masden,the motion carried unanimously.
CONSIDER STATEMENT OF GRANT AWARD AND CERTIFICATION OF COMPLIANCE WITH
REGULATIONS FOR ANALYTICAL CAPACITY UPGRADE PROJECT AND AUTHORIZE CHAIR TO SIGN:
Larry Pederson, Director of the Greeley/Weld County Forensic Lab,stated the grant is fully funded, and is
a portion of money awarded to the Colorado Bureau of Investigation. Mr. Pederson stated funds were
requested to update and enhance video equipment used primarily for facial identification of suspects, and
other investigative needs. Commissioner Vaad moved to approve said Statement of Grant Award and
Certification of Compliance and authorize the Chair to sign. Seconded by Commissioner Masden, the
motion carried unanimously.
CONSIDER REVISIONS TO RETAC BIENNIAL PLAN AND AUTHORIZE CHAIR TO SIGN: Commissioner
Vaad,coordinator for the Department of Health Services,stated the Biennial Plan is the updated plan for
RETAC,the group that organizes emergency response in the area. Commissioner Vaad moved to approve
said revisions and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDERAPPOINTMENTTO WORKFORCE DEVELOPMENT BOARD: Commissioner Long moved
to appoint Georganne Hughes to the Workforce Development Board,effective May 1,2003,with a term to
expire December 31, 2005. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER APPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Vaad moved to
appoint Jeremy Casillas and John Goad to the Extension Advisory Council, with terms to expire
November 1, 2008. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDERAPPOINTMENTSAND REAPPOINTMENTS TO FAIR BOARD: Commissioner Vaad moved
to re-appoint Matt Butler and Judy Stevens to the Fair Board,with terms to expire September 30, 2008;
appoint Katie Samples and Rosa Esparza to said board,with terms to expire September30,2006;reassign
Glenn Ledall to said board,with a term to expire September 30,2007;and appoint Mary Ann Cothren, Bob
Gorman, George Gray, Justin Sidwell, and Ash Janssen to said board, with terms to expire
September 30, 2006. Seconded by Commissioner Masden, the motion carried unanimously.
FIRST READING OF ORDINANCE#2005-14, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 3 PERSONNEL, OF THE WELD COUNTY CODE: Sue Elton,
Department of Personnel and Human Resources, stated minor changes are proposed for clarification
purposes. In response to Chair Jerke,Mr. Barker stated a work session has not been completed regarding
the proposed changes; however, the changes are minor. Ms. Elton stated Section 3-1-40.A, of the Weld
County Code,will clarify that the Department of Social Services is the custodian of personnel records for
its department, and Section 3-2-90.J will add the definition of a Special Funded employee. She stated
Section 3-3-50 will have language added to clarify which actions constitute harrassment, and
Section 3-3-70 allows a department designee to make decisions regarding employee discipline when a
Department Head or Elected Official is not available. In response to Chair Jerke, Ms. Elton stated an
employee may be suspended upon a formal charge of crime;however,an employee will not be terminated
until proven guilty. Ms. Elton further stated more clarification was added to Section 3-4-60, regarding
grievance procedures, and Section 3-6-20 states that an employee may be required to submit a doctor's
Minutes, October 31, 2005 2005-3220
Page 3 BC0016
certification to complete FMLA paperwork. She stated the title of Article VII will now read "Wages and
Hours,"and Section 3-10-110,regarding Grandfathered positions,will be repealed. Mr.Warden stated there
are no longer any employees working for Weld County in a Grandfathered position. Commissioner Vaad
moved to approve Ordinance#2005-14 on first reading. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER CONTRACT FOR POTHOLING SERVICES FOR WELD COUNTY ROADS 40.5 AND 5,
BETWEEN WELD COUNTY ROAD 3 AND STATE HIGHWAY 56 AND AUTHORIZE CHAIR TO SIGN-
CRASCO, LLC: Mr. Hempen stated Crasco, LLC will locate utilities for a capital improvement project, in
order for staff to proceed with design. He further stated the contract is in the amount of $5,400.00.
Commissioner Vaad moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. Ordinance#2005-14 was approved on first reading.
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 9:40 a.m.
ovis..` BOARD OF COUNTY COMMISSIONERS
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ATTEST: (/L,_l' t o oak
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M I gl go William H. Jerke, Chair
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Weld County Clerk to the Boa; •.;,.�•
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Da ' Long
Robert D. Masden
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Glenn Vaad
Minutes, October 31, 2005 2005-3220
Page 4 BC0016
Colorado Latino Coalition
October 31,2005
Honorable William H.Jerke
Chairman of the Board
Weld County Board of County Commissioners
Greeley,Colorado
Dear Commissioner Jerke:
This communication is in response to the commissioners' resolution titled"Expression of Support for location
of Immigration and Customs Enforcement Office in Greeley, Colorado."
An article on this subject was published in the Friday,October 28 2005 edition of the Greeley Tribune. I
secured a copy of this resolution on Friday and after discussing this resolution with several people in our
community and throughout the state I have two recommendations:
1) Prior to your board submitting this resolution to other government agencies it is strongly recommended
that the commissioners initiate a"Community Impact Study"to accurately determine the financial and
societal cost created by undocumented workers in our region. This resolution,which focused primarily
on criminal activity,failed to address the other factors which come into play as a result of illegal
immigration.
I would recommend input from all County Departments(besides the District Attorney),especially
Social Services, County Clerk,County Assessor, Workforce Development and the Health Department.
I would also solicit statistics from our local medical facilities who are heavily burdened with expenses
brought forward by indigent clientele,and other agencies serving this population.
2) The second recommendation is that the Commissioners introduce a resolution which would enforce
existing laws regarding sanctions against employers who hire undocumented workers.
There has been too much emphasis placed on punishing the undocumented worker and,very little,if
any,emphasis placed on the employer who is a partner in this crime.
The Commissioners could impose stricter and harsher penalties on local employers who hire
undocumented workers,and in turn,use the funds generated by these fines to ease the local financial
burdens on our local health and educational providers.
Lastly, I strongly recommend that each time an undocumented worker is arrested he/she be required to
reveal the identities of their employers during their stay in the U.S.,prior to being released or deported.
If you have any further questions please contact me,at your convenience,at 970.302.3904.
A ___
Jorge Amaya
Chair,Colorado Latino Coalition
CC: Weld County Board of County Commissioners
Greeley Tribune
Pierre Jimenez
EXHIBIT
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