HomeMy WebLinkAbout20131839.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 15, 2013
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, July 15, 2013, at the hour of 9:00 a.m.
a 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 F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
ta MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of July 10, 2013, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
a CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on July 10, 2013, as follows: 1) Public Hearing Concerning
Proposals of Asphalt and Concrete Industries for County Road 49 Extension Project Commissioner
Conway seconded the motion, which carried unanimously.
a AMENDMENTS TO AGENDA: There were no amendments to the agenda.
in CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
El PUBLIC INPUT: Steve Teets, County resident, invited to the Board to a meeting at Connections
for Independent Living, 1331 8th Avenue, on Thursday, July 25, 2013, from 12:00 -1:30 p.m., to discuss
issues with First Transit. The manager of First Transit is expected to attend. El Scott Guenthner, Fort
Collins resident, requested a work session regarding the proposal for secession to become the 51st
State; he offered his expertise, citing 4-5 years in Maryland politics working towards a similar goal and
said the Board's proposal is a courageous step.
Minutes, July 15, 2013 2013-1839
Page 1 BC0016
BIDS:
a 1) PRESENT BID #61300131, SPRINKLER SYSTEM AND SOD (340 MAPLE STREET,
FREDERICK) - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General
Services, presented the bid, which has two vendors and will be brought back before the Board with a
recommendation on July 29, 2013. In response to Chair Garcia, Toby Taylor, Director of Buildings and
Grounds, said this is the property where they demolished two former Head Start buildings and hope to
re-create a park -like atmosphere.
• 2) PRESENT BID #B1300132, ROOF REPLACEMENT ON EXTENSION BUILDING -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, which has seven
vendors and will be brought back before the Board with a recommendation on July 29, 2013. Mr.
Taylor said there is a large discrepancy between the high and low bids which is currently being
evaluated.
• 3) PRESENT BID #B1300134, HVAC EQUIPMENT (1950 O STREET) - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, which has four vendors and will be brought
back before the Board with a recommendation on July 29, 2013.
la 4) PRESENT BID #B1300137, ISLAND GROVE CHAIRS/CARTS (QTY. 3,000) - DEPARTMENT
OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the bid, which has eleven vendors and will be
brought back before the Board with a recommendation on July 29, 2013. Commissioner Conway noted
that Don Warden, Director of Budget and Management Analysis, pointed out the current chairs are over
40 years old.
NEW BUSINESS:
1) CONSIDER REAPPOINTMENT OF ASSISTANT VETERANS SERVICE OFFICER: Mr. Taylor
introduced the reappointment of David Fry, asserting he is doing an excellent job. Commissioner
Rademacher moved to approve said reappointment. The motion, which was seconded by
Commissioner Conway, carried unanimously.
E1 2) CONSIDER REVISED APPLICATION FOR FEDERAL ASSISTANCE FOR WELD COUNTY
YOUTH CONSERVATION CORPS, AMERICORPS PROGRAM, AND AUTHORIZE ELECTRONIC
SUBMITTAL: Judy Griego, Director of Department of Human Services, explained there has been a
reduction of $34,937.00 in the current year budget for this program; the department is able to absorb
this reduction. This will reduce the county's cash match, and she requested approval. Commissioner
Freeman moved to approve said revised application for federal assistance and authorize electronic
submittal. The motion was seconded by Commissioner Conway, and it carried unanimously.
ta 3) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF CR 99 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - DANIEL
DIETZLER: Don Carroll, Department of Public Works, said this is a follow-up to USR12-0029. He said
this agreement is required prior to recording the plat and he reviewed the location of the gravel pit
operation and the right-of-way. Commissioner Conway moved to approve said nonexclusive license
agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
Minutes, July 15, 2013 2013-1839
Page 2 BC0016
ra 4) CONSIDER PUBLIC FACILITIES AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FOR WELD COUNTY ESPANOLA SUBDIVISION AND AUTHORIZE CHAIR TO SIGN:
Monica Mika, Director of Finance and Administration, said she thought the resolution was worded
incorrectly. Commissioner Conway moved to continue this matter until Wednesday, July 17, 2013, in
order to modify the resolution. Seconded by Commissioner Freeman, the motion carried unanimously.
5) CONSIDER AMENDMENT TO AGREEMENT FOR RELOCATION OF GAS/OIL FACILITIES
AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO: Stephanie
Arries, Assistant County Attorney, explained this amendment pertains to a previously approved
agreement. Public Service Company of Colorado wanted to have the agreement reflect that Weld
County is making an 80 percent deposit, with 20 percent to be paid upon completion. Commissioner
Conway noted the project is underway and moved to approve said amendment to agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried
unanimously. Commissioner Conway noted a positive article on these intersection improvements was
published in today's Greeley Tribune, and he also invited the public to an official ground breaking on
County Road 392, on Thursday, July 18th, at 11:00 a.m.
6) CONSIDER MEMORANDUM OF UNDERSTANDING FOR LOAN OF FUNDS TO WELD
COUNTY HOUSING AUTHORITY FOR NEIGHBORHOOD STABILIZATION PROJECT (NSP)
REHABILITATION CONTRACT AND AUTHORIZE CHAIR TO SIGN: Tom Teixeira, Director of the
Weld County Housing Authority, related that they had acquired six houses to renovate under the NSP
grant, are getting ready to sign a contract for the rehabilitation of five of them, and are having a cash
flow issue due to encumbered funds. He explained that when these houses are sold, the proceeds will
back into the grant as program income, and this is a temporary loan which will be paid back to the
County at the time of sale. He also noted these funds would only be used as necessary to meet
shortfalls. In response to Chair Garcia, Mr. Teixiera confirmed that if the contractors decided to use
staging the need for additional funds would be reduced. a Responding to Commissioner Kirkmeyer,
Bob Choate, Assistant County Attorney, explained that he sees no added benefits from doing a
contract; in this circumstance no remedies are required, as the county governs both sides of the
arrangement. He stated that an MOU is appropriate because its purpose is to make it clear why this
loan is occurring, especially should there be an audit sometime in the future; a distinct possibility. He
noted the Board has authority to order the repayment of the funds. El Commissioner Kirkmeyer
expressed concern that these are separate political subdivisions, and there should, therefore, be a
contractual agreement to have internal control. Mr. Choate replied that an MOU is a contract; the only
difference is in how it may be enforced in case of a breach. He said there are legal remedies whether
or not they are specifically outlined in the contract (such as the criminal prosecution of the agent). He
also offered to draft a contract at the Board's discretion. ra Commissioner Conway noted that the
Board of County Commissioners also sits as the Weld County Housing Authority Board. Commissioner
Kirkmeyer disagreed, saying these are county taxpayer funds, and this is a separate division, which
receives federal funds, and this loan could be viewed as co -mingling and result in an audit exception.
Bruce Barker, County Attorney, noted these types of loans in the past have been granted via a contract.
L2 In response to Chair Garcia, Mr. Choate clarified the funds are limited to rehabilitation services on
these particular properties. Chair Garcia noted the first properties rehabbed are the ones to be sold with
their funds used to pay back the loan as soon as possible. Mr. Teixiera said that his estimate of the
projected value of these sales was very conservative and will cover all expenses. Commissioner
Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The
motion, which was seconded by Commissioner Rademacher, carried unanimously. Upon request for a
roll call vote, the motion carried four to one, with Commissioner Kirkmeyer opposed.
Minutes, July 15, 2013 2013-1839
Page 3 BC0016
la 7) CONSIDER RENEWAL OF FRANCHISE AGREEMENT AND TRANSFER AND
ASSIGNMENT OF FRANCHISE AGREEMENT FROM BAJA BROADBAND, LLC, TO TDS
BROADBAND LLC: Brad Yatabe, Assistant County Attorney, explained that TDS is going to be buying
BAJA. They have only ten total cable customers in Weld County, and all documents are in order.
David Johnson, representing TDS/BAJA requested a 10 -year franchise renewal. Mr. Yatabe said the
service and rates will remain constant, customers have been noticed, and he recommends approval of
the renewal and transfer. Chair Garcia opened the floor to public comment. Commissioner Rademacher
moved to approve said renewal and transfer of agreement. Commissioner Conway seconded the
motion and it carried unanimously.
PLANNING:
1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS FOR USE BY SPECIAL REVIEW PERMIT #1709, AND
AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (USA) PIPELINE COMPANY: Stephanie Arries,
Assistant County Attorney, explained there were no changes to the latest version of this agreement,
noting they are using concrete for the road improvements which will last for some time. Commissioner
Rademacher moved to approve said improvements agreement, accept collateral, and authorize the
Chair to sign. Seconded by Commissioner Freeman, 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.
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELDNTY, COLORADO
ATTES
Weld County Clerk to the Board
BY:
Deputy Cle
Sean
P. Conway
Barbara Kirkrreyer "
Minutes, July 15, 2013
Page 4
2013-1839
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