HomeMy WebLinkAbout20133102.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 4, 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, November 4, 2013, at the hour of 9:00 a.m.
El 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
F MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of October 30, 2013, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
IE CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on October 30, 2013, as follows: 1) PUDZ13-0002 - Ann Nash and Jonathan
Scupin, 2) USR13-0045 - Robert and Phylis Brown, do Richard Miller/Clean Energy Collective, and
3) USR13-0046 - Electrical Systems Professionals, Inc. Commissioner Rademacher seconded the
motion, which carried unanimously.
10 AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
F 1) RECOGNITION OF SERVICES, FAIR BOARD - CASEY MCGAUGHEY, MATTHEW
HALVERSON, KAREN FOLCHERT, LYNNETTE HANZLICEK, TERRY SANDMEIER: Chair Garcia
read the certificate into the record and expressed the Board's gratitude to these members of the Fair
Board for their service. Commissioner Conway especially thanked these individuals for their time and
commitment.
Minutes, November 4, 2013 2013-3102
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PUBLIC INPUT: No public input was given.
BIDS:
1) PRESENT BID #61300182, 2013 AMMUNITION - SHERIFF'S OFFICE: Rose Everett,
Department of Purchasing, said there were three bids and the Sheriffs Office will bring a
recommendation to the Board for approval on November 18, 2013.
F 2) PRESENT BID #61300184, .45 CALIBER TRAINING AMMUNITION - SHERIFF'S OFFICE:
Ms. Everett said there were four bids and the Sheriff's Office will bring a recommendation to the Board
for approval on November 18, 2013.
e 3) PRESENT BID #B1300185, 5/56X45 MM OR .223 REM TRAINING AMMUNITION -
SHERIFF'S OFFICE: Ms. Everett said there were four bids and the Sheriff's Office will bring a
recommendation to the Board for approval on November 18, 2013.
Si 4) PRESENT AND APPROVE EMERGENCY BID #61300192, HOPAC PLATE COMPACTOR
OR EQUIVALENT - DEPARTMENT OF PUBLIC WORKS: Ms. Everett reported the Department of
Public Works recommends the low bid from Riverbend Equipment for one Chicago Pneumatic Plan
Compactor. David Bauer and Duane Naibauer, Department of Public Works, reported the department
currently has one of these compactors, but another one is needed for the additional crews working on
flood damage repairs in small spaces, such as next to bridge abutments and around utilities; this is a
new unit that will be attached to an excavator they already have. In response to Commissioner
Kirkmeyer, Mr. Naibauer reported that being able to work around utilities in smaller areas will help get
roads open before the weather changes and make the repairs permanent as opposed to needing future
improvements. In response to Chair Garcia, Mr. Naibauer confirmed the second lowest bidder (nine
percent higher) has a one week quicker delivery time and they are more local and confirmed this
equipment will help with both the temporary flood needs and be useful for years to come. Mr. Bauer
said recommending the low bid is in keeping with the 5 percent County policy. Commissioner
Kirkmeyer said the $1,100 difference might be worth it, and moved to continue the matter to the end of
this meeting to give staff time to confirm expedited (one week) delivery. Seconded by Commissioner
Conway, the motion carried unanimously.
NEW BUSINESS:
F 1) CONSIDER TEMPORARY CLOSURE OF CR 25 BETWEEN CRS 36 AND 38: Janet Carter,
Department of Public Works, said this closure is for a culvert replacement and confirmed that the
School District and Emergency Responders have been notified. Commissioner Rademacher moved to
approve said temporary road closure. The motion was seconded by Commissioner Conway, and it
carried unanimously.
F 2) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR SEPTEMBER, 2013, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veteran's
Service Officer, introduced new part-time employee, Cody Jacquess-Brenner. In response to
Commissioner Conway, Mr. Jacquess-Brenner said he went to High School in Windsor, was
discharged early due to an injury from the Marine Corps; he has been a work-study intern for Veteran's
Services under David Fry and is currently a full-time student at the University of Northern Colorado.
The Board welcomed him and said they are pleased he will be a part of the Veteran's Service Office.
Commissioner Conway moved to approve said monthly report and certification of pay. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
Minutes, November 4, 2013 2013-3102
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e 3) CONSIDER REVISIONS TO WELD COUNTY COMMUNITY CORRECTIONS BOARD
BYLAWS AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Director of Justice Services, spoke on
behalf of the Community Corrections Board, noting the most significant change is to make the Chief
Public Defender a standing member. These were reviewed and approved by Bruce Barker, County
Attorney. Commissioner Kirkmeyer confirmed that suggested changes were incorporated and moved to
approve said revisions and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously. Commissioner Kirkmeyer thanked Mr. Erler.
e 4) CONSIDER APPOINTMENT OF MICHAEL WALLACE AS DIRECTOR OF PUBLIC SAFETY
COMMUNICATIONS FOR WELD COUNTY: Mr. Barker introduced this as an item reviewed by Don
Warden, Director of Budget and Management Analysis, and Monica Mika, Director of Finance and
Administration. After some discussion regarding the appropriate title for this position, Commissioner
Conway moved to continue this matter until Wednesday, November 6, 2013. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
Fi 5) CONSIDER RATIFICATION OF BETH MCWILLIAMS TO THE BOARD OF TRUSTEES OF
THE HIGH PLAINS LIBRARY DISTRICT: Commissioner Kirkmeyer, as a part of the High Plains Board
of Trustees, reported not all of the trustees who would have liked to attend this meeting were there,
due, in part, to notification issues, and that although the nominating committee recommended Kristin
Zasada on a 3/2 vote (from which she abstained). She requested the Board consider ratifying Beth
McWilliams; if this resolution is approved by the Board it will go back to the Board of Trustees for
another vote. Commissioner Kirkmeyer explained her selection noting the importance of trustees being
geographically dispersed throughout the County (Ms. McWilliams is from the Fort Lupton area) She
expressed concern that several mayors were not in attendance for the inverviews. Commissioner
Conway commented there have been tensions within the Library District over the last year that have
been of concern, especially from those outside the Greeley area; there is a delicate balance and this
committee seems to have drifted from that. He said it is important that Fort Lupton be represented and
that the Library District serves the whole County. Commissioner Kirkmeyer noted that she also supports
the ratification of Ms. McWilliams because of her background in banking and eight years on the school
board, and confirmed that she has Ft. Lupton's community support. Chair Garcia concurred with the
procedural concerns. Commissioner Kirkmeyer moved to approve said ratificationof Beth McWilliams.
The motion was seconded by Commissioner Freeman, and it carried unanimously.
ID 6) CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR DECEMBER 4, 2013: Commissioner Conway noted the Board's attendance at this
year's Colorado Counties, Inc. meeting will be very important in terms of potential changes to the
constitution of the General Assembly, the 51st State initiative, and other legislation. Commissioner
Kirkmeyer moved to approve said cancellation. The motion was seconded by Commissioner Freeman,
and it carried unanimously.
El 7) SECOND READING OF CODE ORDINANCE #2013-10, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING,
AND CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer
moved to read by title only. The motion was seconded by Commissioner Conway and carried
unanimously. Mr. Barker read the title for the record and noted that this matter was continued so that
the Weld County Code could be compared to those of other Colorado Counties. He requested the
matter be continued again, to November 13, 2013, to allow time for that, as well as a work session.
Commissioner Kirkmeyer also noted there are some policy decisions to be made. Commissioner
Conway noted that the policy decisions made after the flood are still in effect, and that Weld County's
standards do not exceed the State and/or FEMA standards. Mr. Barker said December 9, 2013 would
Minutes, November 4, 2013 2013-3102
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be the latest date for a second reading to meet the State deadline of January 14, 2013. Commissioner
Conway noted the adoption of these rules is required and not adopting them would endanger flood
insurance for the entire County. In response to Commissioner Kirkmeyer, Mr. Barker confirmed there
were changes to flood regulations being considered prior to the flood event. Commissioner Conway
moved to continue this matter until Monday, December 9, 2013. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
PLANNING:
1) CONSIDER VACATION OF RECORDED EXEMPTION, RE -2973 - SWINK FAMILY FARMS,
LLLP / SWINK FAMILY FARMS, LTD. / ENCANA OIL AND GAS (USA) INC.: Kim Ogle, Department of
Planning Services, reported that Terry Swink, General Partner for Swink Family Farms, LLLP, and
Swink Family Farms, Ltd.; is requesting this vacation due to issues raised regarding the preparation of
the plat. Rick Benning, surveyor with Baseline Corporation, reported that through due diligence it was
discovered that there is a parcel owned by the Community Ditch that runs from the north through Lot B
to the west and, because the land is therefore not contiguous, under the County rules this creates
another parcel. He explained the applicant would come back before the Board with a new Recorded
Exemption application and new Use by Special Review application for a large tank battery.
Commissioner Kirkmeyer moved to approve said vacation. The motion was seconded by
Commissioner Conway, and it carried unanimously.
(Clerk's note: the following item of business was reopened.)
E 4) PRESENT AND APPROVE EMERGENCY BID #B1300192, HOPAC PLATE COMPACTOR
OR EQUIVALENT - DEPARTMENT OF PUBLIC WORKS: Mr. Naibauer said he had confirmed that
the lowest bidder delivery is definitely two weeks out. He reported a possible rent -to -own alternative,
which would be eligible for FEMA reimbursement. Commissioner Kirkmeyer moved to approve the
second low bidder, Power Equipment, in the amount of $12,477.00, with the understanding that if the
one week delivery time cannot be accommodated this may be rescinded and remanded to the lowest
bidder. Seconded by Commissioner Rademacher, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, November 4, 2013 2013-3102
Page 4 BC0016
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 10:00 a.m.
BOARD�eF COUNTY COMMISSIONERS
WEL!'�UI Y, COLORADO
ATTEST:ass
Weld County Clerk to the B
BY:
Deputy Clerk to the Bo'
Douglas Rade
Sean P. Conway
C -
Mike, Freeman
w
Barbara Kirkmeyer
Minutes, November 4, 2013 2013-3102
Page 5 BC0016
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