HomeMy WebLinkAbout20183463.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 31, 2018
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 Administration
Building, Greeley, Colorado, October 31, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 29, 2018, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
• CERTIFICATIONS OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 29, 2018, as follows: 1) PCSC17-0014— Robert L. Seltzer Family Trust.
Commissioner Conway seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
el PUBLIC INPUT: No public input was given.
BIDS:
• 1) APPROVE BID #61800144, 10 CISCO 9300 SWITCHES — DEPARTMENT OF INFORMATION
TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, reviewed the seven
(7) bids received and stated staff recommends awarding to the low bidder, Advance Network
Management (ANM), for the amount of $70,116.40. Commissioner Conway moved to approve said low
bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
I t f 7 Minutes, October 31, 2018 2018-3463
Page 1 BC0016
• 2) APPROVE BID #61800145, EXTENSION BUILDING REMODEL (DATA CABLE) —
DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose reviewed the two (2) bids received and
stated staff recommends awarding to the low bidder, Interface Communications, for the total amount of
$10,820.00. Commissioner Kirkmeyer moved to approve said low bid. The motion, which was seconded
by Commissioner Cozad, carried unanimously.
• 3) APPROVE BID #B1800149, EMC STORAGE EXPANSION — DEPARTMENT OF
INFORMATION TECHNOLOGY: Mr. Rose reviewed the three (3) bids received and stated staff
recommends awarding to the low bidder, AMN, for $114,049.61. In response to Commissioner Conway,
Mr. Rose stated he wasn't sure about the details of the discrepancies between the bidders.
Commissioner Conway moved to approve said low bid. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
NEW BUSINESS:
Ei 1) CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN —JAIME PALMA: Tina Booton,
Weed and Pest Division, explained the landowner has failed to pay the bill for the Vegetation
Management Specialist performing weed enforcement work on the property. She requested the invoice
amount be certified as a lien to be collected by the Weld County Treasurer. Bruce Barker, County
Attorney, stated it becomes lien which is due in January, 2019, and if it goes unpaid the property can go
to tax sale. Commissioner Cozad stated the work was completed by the County and it is an important to
keep the noxious weeds under control to protect agriculture in the County. In response to Commissioner
Conway, Ms. Booton confirmed four (4) attempts were made to contact the landowner before this matter
was brought to the Board. Commissioner Cozad moved to approve said Certification of Weed
Enforcement Lien. Seconded by Commissioner Freeman, the motion carried unanimously.
Commissioner Conway concurred with the comments made and hopes that the County will continue to
work with the landowner. Commissioner Kirkmeyer commented the weed is Canada Thistle, which is an
extremely noxious and invasive weed.
• 2) CONSIDER APPEAL OF DECISION BY THE FAIR BOARD - CLINT AND CASEY SIDWELL:
Clint and Casey Sidwell, residents of Gill, introduced themselves. Tracy Axton, in-coming President of
the Fair Board, and Kim Tregoning, Secretary of the Fair Board, were also present. Janet Konkel, Fair
Coordinator, stated the Fair Board addressed the issue of the violation at the September 10, 2018,
meeting. She explained the Fair Board upheld the recommendation of the Junior Livestock Sale
Committee to: withhold one half of the amount of the sale proceeds, not allow Cal Sidwell to show sheep
at the 2019 Weld County Fair, return the awards for Premier Exhibitor. Ms. Tregoning explained the drug
violation was discovered in the blood sample taken after the sheep won the Grand Champion. She stated
this is considered a serious violation because slaughterhouses will stop processing the animals which
are sold at the Weld County Fair, because it can contaminate the food chain. eMs. Konkel stated the
October, 2018, minutes will be approved during the November, 2018, meeting. Commissioner Cozad
stated she was absent from the September meeting and recused herself during the October Fair Board
meeting. In response to Commissioner Conway, Ms. Konkel stated this was revisited at the October
meeting to give the Sidwell Family the opportunity to address the Fair Board, before a decision was made.
• Ms. Konkel stated the Sidwell's were notified but were not present at the October, 2018, meeting.
IR Mr. Sidwell stated he has been on the Junior Sale Committee for 17 years and has volunteered with
the Fair. He recounted they were notified of a drug residue on Cal Sidwell's Grand Champion lamb. He
explained they administered a medication prescribed by a veterinarian a week before the sale.
Ms. Sidwell stated the mistake was not disclosing the administering the medication and she believes her
child should not be punished for their mistake. Ms. Sidwell stated they have been cooperating with the
Minutes, October 31, 2018 2018-3463
Page 2 BC0016
Fair Board and they were not trying to contaminant the food supply. Commissioner Freeman clarified the
violation is the failure to disclose the administering of the medication to the lamb. Mr. Sidwell stated it
could be harmful to the child by taking away his right to show sheep in 2019.
• In response to Commissioner Cozad, Ms. Konkel reiterated the recommendation from the Fair
Board. In response to Commissioner Cozad, Ms. Axton explained the reason the Premier Exhibitor Award
be returned, because of the lack of recording the medication given to the lamb, and the Committee didn't
believe it exhibited the highest integrity as a 4-H member.
• In response to Commissioner Kirkmeyer, Mr. Sidwell stated he can't explain the withdrawal period
because the drug that was administered is not labeled for use in sheep. Ms. Sidwell stated it is important
to have a working relationship with a veterinarian to properly medically treat sheep. Mr. Sidwell stated
the withdrawal period for milk cows is 48 hours or three (3) days.
• Commissioner Kirkmeyer stated the withdrawal period is shorter for diary animals, but Ms. Sidwell
stated the veterinarian recommended a four (4) day withdrawal period.
02 Responding to Commissioner Conway, Ms. Konkel confirmed normally a penalty would not be
assessed if the form was filled out correctly and the child and parent signed. Commissioner Conway
stated this is a result of the parents failing to disclose the administering of the medication. Ms. Konkel
stated the injection was given on July 22, 2018, the blood test was done on July 26th, the animal was
sold on July 30, 2018, and it was harvested on August 1, 2018.
• Commissioner Cozad stated there are rules in the Fair Book, but it states there are rules that need
to be followed, whether it was the parents' or the child's fault a violation occurred, and there needs to be
disciplinary action.
Commissioner Kirkmeyer stated the Sidwells failed to disclose the drug administration; however, she
believes the penalty is excessive. She agreed with having half of the proceeds, in the amount of
$4,000.00, be returned and explained she doesn't agree with the child not being allowed to show sheep
in the next Fair. She also stated taking the Premier Exhibitor award is not fair because the individual
showed and demonstrated he took proper care of his animal through the whole year. Commissioner
Freeman agreed with the comments made. Commissioner Kirkmeyer stated the drug was
administered for the health of the animal and not to enhance the animal's ability to win. Commissioner
Conway agreed there needs to be a penalty and appreciates the parents stepping up and accepting
responsibility for the mistake and agreed with Commissioner Kirkmeyer that the drug was given to help
a sick animal. Chair Moreno stated since a violation occurred, there needs to be a punishment and he
supports a 50% reduction in the sale of the animal.
• Mr. Barker explained the Board would grant the appeal, in-part, and make a finding that Rule P was
violated. He stated the Board will need to express the penalty imposed by the Fair Board was in excess.
Ms. Konkel reiterated the minutes from the October, 2018, Fair Board meeting have not been approved
yet; however, Mr. Barker explained the penalty was already approved by the Fair Board.
• In response to Commissioner Cozad, Ms. Axton stated the Sidwells were given adequate notice of
the Fair Board meeting for the October meeting. In response to Commissioner Cozad, Ms. Sidwell stated
she was at wrestling practice and Mr. Sidwell stated he was harvesting corn and they didn't realize they
needed to be at the meeting to appeal or add to the decision, because the letter didn't indicate they would
Minutes, October 31, 2018 2018-3463
Page 3 BC0016
be on the Agenda. Mr. Sidwell stated he made the mistake, not his son, and his son doesn't understand
this entire process.
Commissioner Kirkmeyer moved to grant, the appeal, in part, and submit the following as findings:
there was a violation of Rule P in Weld County Fair Book, the penalty administered by the Fair Board is
excessive because the drug was prescribed by a veterinarian and administered eight (8 )days before the
harvest date for the animal which was used for the cure of the animal and not for enhancements, and if
they would have filled out the correct form there wouldn't be an issue. She further stated she does agree
the participant should return half the proceeds of the sale, in the amount of $4,000.00, but should not
return the $1,000 Premier Exhibitor Award, and be allowed to participate in the showmanship of sheep.
The motion was seconded by Commissioner Conway. Commissioner Kirkmeyer thanked the Fair Board
for their decision and the parents for admitting fault for not filling out the forms. She reiterated taking the
$4,000 is a serious punishment.
Commissioner Conway thanked the Fair Board for their work and service and dealing with a difficult
situation. ezCommissioner Cozad stated the Fair Board has strict rules and they need to be followed
for the Fair to have integrity in the processes. But, she stated she feels taking the Premier Exhibitor was
extreme because Cal Sidwell earned the Premier Exhibitor for caring for his animal through the entire
year and she believes it is unfair to take the award away. She stated it is not clear if the Sidwell's were
aware that they should be present at the hearing but will support the motion. Commissioner Freeman
stated the penalty is harsh and forfeiting the $4,000.00 is a substantial penalty for the violation and Cal
Sidwell should be allowed to show sheep at the 2019 Weld County Fair. Chair Moreno stated he agrees
with the comments presented by the Board. There being no further comments, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, October 31, 2018 2018-3463
Page 4 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 10:01 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, 1COLORADO
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St e Moreno, Chair
Weld County Clerk to the Board
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Deputy Clerk to the Board I,'�•
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ii ulie A. Cozad
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Minutes, October 31, 2018 2018-3463
Page 5 BC0016
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