HomeMy WebLinkAbout20130306.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 28, 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, January 28, 2013, at the hour of 9:15 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 F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick/Susan Brown
Director of Finance and Administration, Monica Mika
e MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County
Commissioners meeting of January 23, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El PUBLIC INPUT: Steve Teets, County resident, spoke in agreement with the Board's position on
gun rights and Marijuana sales and was in favor of the setback rules and against fracking, he also
stated that First Transit service has not improved and is a problem statewide. Commissioner Conway
asked that Mr. Teets continue to bring the First Transit issue to the attention of policymakers.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
BIDS:
1) APPROVE BID #B1300001, PATROL VEHICLES - FULL SIZED - SHERIFF'S OFFICE: Trevor
Jiricek, Director of General Services, reviewed staff recommendations to accept the low bid from
Spradley Barr Ford. Commissioner Rademacher moved to approve said bid and authorize the Chair to
sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
ID 2) APPROVE BID #61300003, BACKHOE-4WHL DR EXTENDABLE BOOM - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek reviewed staff recommendations to accept the 2nd low bid from
Colorado Machinery. Dave Bauer, Director of Public Works, offered to answer any questions from the
Board, and said they had selected a John Deere backhoe, as a replacement to be utilized in the bridge
Minutes, January 28, 2013 2013-0306
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work. Commissioner Conway moved to approve said bid and authorize the Chair to sign. The motion
was seconded by Commissioner Freeman, and it carried unanimously.
Ei 3) APPROVE BID #81300004, 29 TON PNEUMATIC TIRE ROLLER COMPACTOR -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed staff's recommendation to approve the low
bid from Power Equipment. Commissioner Freeman moved to approve said bid and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
IR 4) APPROVE BID #81300005, TRACK MOUNTED HYDRAULIC EXCAVATOR - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek reviewed staff's recommendation to approve the third lowest bid, from
Power Equipment, because it met all specifications. Mr. Bauer explained that the two lowest bids did
not meet specs and that the third bid gave greater flexibility. Commissioner Rademacher moved to
approve said bid and authorize the Chair to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
5) APPROVE BID #B1300006, ARTICULATING WHEEL LOADER - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek reviewed staff's recommendation to approve the low bid from Wagner Equipment.
Commissioner Conway moved to approve said bid and authorize the Chair to sign. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
Fl 6) APPROVE BID #B1300007, MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS: Mr.
Jiricek reviewed staff's recommendation to approve the second lowest bid, from Power Equipment, for
three Volvo Motor Graders because it included all the desired options. Mr. Bauer stated these are
replacements, and explained that the lowest bidder could not provide a local representative for service
and repair. Commissioner Conway moved to approve said bid and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
ID 7) APPROVE BID #B1300008, TANDEM AXLE MULTIPURPOSE TRUCKS - DEPARTMENT OF
PUBLIC WORKS: Mr. Jiricek said staff recommended the low bid from Transwest Trucks.
Commissioner Freeman moved to approve said bid and authorize the Chair to sign. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
Fl 8) APPROVE BID #B1300009, 3 AXLE TRUCK TRACTOR (LNG) - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek said staff recommended the low bid from Rush Truck Centers of Colorado.
Commissioner Rademacher moved to approve said bid and authorize the Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
Fl 9) APPROVE BID #61300010, TANDEM AXLE TANK TRAILER W/DUST PALLIATIVE SPRAY
SYSTEM - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff recommended the sole
bidder, Transwest Trailers. Commissioner Conway questioned why there was only one bidder, to
which Mr. Bauer explained this is really the only vendor for this custom built item and also noted they
are local. Commissioner Conway moved to approve said bid and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
Fl 10) APPROVE BID #81300011, 50 TON HYDRAULIC DETACHABLE GOOSENECK REAR
LOAD TRAILER - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed staff's recommendation
to approve the low bid from Jack's Truck and Equipment. Commissioner Conway moved to approve
said bid and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
Minutes, January 28, 2013 2013-0306
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le 11) APPROVE BID #B1300012, 1 TON 4X4 FULL SIZE EXTENDED CAB, DIESEL PICKUP -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed staff's recommendation to approve the low
bid from Dellenbach Motors. Commissioner Freeman moved to accept the bid and authorize the Chair
to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
E 12) APPROVE BID #B1300013, SINGLE AXLE TRUCK W/DISTRIBUTOR TANK -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek recommended the third lowest bid, noting that the
lowest and second -lowest bids were from the same vendor, MacDonald Equipment, but did not meet
the specifications. Chair Garcia clarified that all of the vehicle bids were reviewed in a work session.
Commissioner Conway moved to approve said bid and authorize the Chair to sign. The motion was
seconded by Commissioner Rademacher, and it carried unanimously.
E 13) PRESENT BID #61300029, BRIDGE REHABILITATIONS - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek relayed there were five bids and a work session is scheduled. Mr. Bauer added
that this is an annual bid. The bid will be brought back before the Board for approval on February 11,
2013.
E5 14) PRESENT BID #61300034, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS: Mr.
Jiricek relayed there were eleven bids and a work session is scheduled. The bid will be brought back
before the Board for approval on February 11, 2013.
El NEW BUSINESS:
1) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CONSTRUCTION OF INTERSECTION
IMPROVEMENTS FOR CR 23 AND STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN -
TOWN OF SEVERANCE: Wayne Howard, Public Works, relayed that this agreement was discussed in
a work session last week, Weld County agrees to administer the project on behalf of the other parties
involved, and staff recommends approval. Commissioner Conway thanked the Department of Public
Works and said this is a great collaborative project to address an unsafe interchange. Chair Garcia
added this has been a long project with many entities working together successfully. Commissioner
Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded
by Commissioner Rademacher, and it carried unanimously.
le 2) CONSIDER STATEMENT OF GRANT CONTINUATION APPLICATION FOR JUVENILE
DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Kirsta Britton and Ben Whitney, of the
Weld County Attorney's Office, explained that this is the third year continuation of a three year grant,
with 75 percent funding through the state and 25 percent through the County. The program has been
around since 2005 helping children with a first time offense avoid entering the criminal justice system.
The program has a 97 percent success rate, clients are checked at 6 months, 1 year, and 2 years for
recidivism, and over 900 juveniles have been served, of which 96 percent have not had any other
violations. Commissioner Conway commended District Attorney Buck and his office for starting this
program, which helps juveniles and saves tax dollars. In response to Chair Garcia's question, Mr.
Whitney explained that this program helps identify kids that don't fit into the system and gets them
individualized services to get them back on the right track. Commissioner Conway moved to approve
said application and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion
carried unanimously.
le 3) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 1998-0217 AND
TS CERT 2001-0357) FOR PARCEL #105911124002: John Lefebrve, Treasurer, explained the
necessity of the cancellation and the origins, adding that although there is no statute, there is a fitting
case law. Commissioner Conway summarized the situation as giving the property back to those who
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can pay the taxes so that the County can clean up the books. Commissioner Rademacher moved to
approve said cancellation and authorize the Chair to sign. The motion was seconded by Commissioner
Conway and carried unanimously.
El 4) CONSIDER LOAN FUND GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO ENTERPRISE FUND, INC.: Monica Mika, Director of Administration and Finance,
explained the agreement's purpose, recommending approval. And, in response to Commissioner
Conway's question, said that the loan grant fund agreement will be administered through the
Community Empowerment Fund (CEF) in partnership with Upstate and Small Business Development.
Commissioner Garcia stated he had had an opportunity to review the numbers in terms of capital
formation (money used to form or expand a small business) for small business development and our
area has one-fourth of the capital formation statewide. Commissioner Conway referred to increasing
funding four years ago to the Small Business Development Center during the economic downturn and
how this has paid off, adding that 80 percent of all new jobs are created by entrepreneurs and small
business. He stated that Mr. Pickett deserves a lot of credit for this success. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
E9 5) CONSIDER TOWER SITE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - JAB
WIRELESS INC., DBA SKYBEAM: Bob Choate, Assistant County Attorney, explained that this is an
updated lease on a communications tower, the rental terms are being increased to current market
value, thanks to work and research by Toby Taylor, and recommended approval. Commissioner
Rademacher moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously. Ms. Mika thanked Toby for his good job
matching the towers with users.
IR 6) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO REGIONAL COMMUNICATIONS
ADVISORY BOARD: Commissioner Conway moved to approve said appointments and authorize the
Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
ID 7) CONSIDER RESOLUTION IN SUPPORT OF SECOND AMENDMENT OF U.S.
CONSTITUTION: Bruce Barker, County Attorney, introduced the resolution which he drafted at the
request of the Board. El Sheriff John Cooke spoke in full support of the resolution and its support of
law-abiding gun owners, and referred to gun rights as being slowly chipped away. Commissioner
Conway thanked the Sheriff, noting that he has taken some heat for his stand as well. The Sheriff said
he was both criticized and praised for expressing his opinion, and he feels that the local public is
generally supportive of his stance on gun rights. He stated that the federal government cannot compel
local law enforcement to do their bidding in regard to gun laws. Commissioner Conway noted that
ultimately the Supreme Court will decide these matters, as they have intervened many times before to
determine over -reach, referring to the history of the executive branch and our system of checks and
balances. e Joy Breuer, County resident, expressed appreciation for Sheriff Cooke, and spoke in
support of the resolution and the responsibility of citizens to stand up for their beliefs. IE Doug
Meyer, County resident, added his support for the resolution and for the sheriff, and emphasized a
citizen's right to high -capacity magazines (currently at issue in Federal law). IEl Kevin Blake, County
resident, thanked Sheriff Cooke for taking a stand, and made reference to history, the State of Colorado
constitution, local government, and Wyoming's Fire and Freedom Act. Commissioner Conway said that
this resolution was drafted after consultation with local law enforcement and that Weld County is
standing behind the Second Amendment. He also noted that if an unconstitutional (federal) law was
passed there will definitely be litigation in response. El Nancy Mehoff, County resident, stated her
opposition to the resolution, said she was scared and asked "why don't we reaffirm all of the
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amendments", and referenced the latest incidents of gun violence. IR Bill Crews, County resident,
spoke in support of the resolution, especially the reference to the UN Arms Treaty, stating that we are
at the mercy of the government if they take away our arms. a Patricia Bruner, County resident,
asked if the resolution was intended to supercede federal authority as to gun safety laws. Chair Garcia
stated that this resolution does not change anything currently in place in Weld County. Commissioner
Conway stated that ultimately it is regulated by the Supreme Court and judicial review, as is stated in
the resolution. As there are 23 executive orders pending, Ms. Bruner asked which of the orders were
objectionable to Commissioner Conway. He replied that they all need to meet the constitutional test and
the President should not exceed his authority, but that he would not comment on gun laws before they
are enacted. El Gary Secrest, County resident, stated that the founding fathers never imagined the
technology of today, expressed that all amendments are being chipped away at and also expressed his
support of the resolution. El Margie Martinez-Perusek, Sheriff's Office, thanked the Sheriff and the
Board for speaking up on this issue and mentioned focusing on the mental health side of the gun
control issue. ID Steve Teets, County resident, spoke in support of banning assault weapons. Fl
Tannis Bator, County resident, asked the Board about the term "a well -regulated militia" and their
interpretation of those words. Commissioner Rademacher, defined 'militia' from the internet as "a
fighting force corsriposed of non-professional fighters, citizens of a nation or subjects of a state or
government". U Timothy Daniels Schaely, aka Scooter McGee (radio persona), County resident,
stated that training is required for concealed weapons permits, taking the guns out of the hands of law-
abiding citizens prevents them from defending themselves, and reiterated his support of Sheriff Cooke.
Pricilla Resendiz, County resident, stated that she is excited to see the public representation, feels
that the executive orders may have some purpose, and asked people to remember the issue of the
people murdered by guns this year. She does not feel this resolution represents the entire community.
Commissioner Conway thanked everyone for coming and stated that he feels Weld County is
addressing violence in more effective ways. Fl Commissioner Garcia thanked everyone and closed
public comment. Commissioner Rademacher thanked everyone for coming, stating he does not agree
that Obama has the authority to enforce these laws or that gun control prevents violence and crime.
Commissioner Conway also thanked the participants, stating that the Commissioners took an oath to
uphold the constitution of the United States and the Constitution of the State of Colorado. He reiterated
that the Bill of Rights should be unchangeable and upheld by judicial review. Due to the recent
violence, Weld County and the nation have realized they have to do more in terms of mental health,
and be involved in collaborative efforts, such as with North Range Behavioral Health. Commissioner
Freeman commented that the Second Amendment is an extremely important part of the Constitution he
took an oath to uphold, and made note that many of the recent tragedies have occurred in "gun -free"
zones, such as malls and schools. Fl Chair Garcia noted that the Board would look into what
Wyoming is doing regarding this issue, as was mentioned in public input, adding that he appreciated
the suggestion of reaffirming all of the amendments, and reminded everyone present that this is a
public forum, where all views and all opinions are welcome to be heard and voiced with respect and
civility. He also expressed appreciation for the public comments regarding gun safety training (as
carrying a firearm is both a right and a responsibility), and mental health, and urged everyone to get
involved in the public process. Commissioner Rademacher moved to approve said resolution.
Commissioner Conway seconded the motion, and it carried unanimously.
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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 10:43 a.m.
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY
EXCUSED
WEJ D CO`i TY, COLORADO
0 0 k Jttt
Mike Freeman
Barbara Kirkmeyer
Minutes, January 28, 2013 2013-0306
Page 6 BC0016
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