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Home My WebLink About20132927.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 16, 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, October 16, 2013, at the hour of 9:00 a.m. e 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 - EXCUSED 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 • MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of October 14, 2013, as printed. Commissioner Conway seconded the motion, and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on October 14, 2013, as follows: 1) Proposed Service Plan for Eaton Area Parks and Recreation District. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CJ AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add items #2 and #3 under NEW BUSINESS: 2) Consider Contract Amendment #3 to Purchase of Service Agreement and authorize Chair to sign — ACS Government Systems, Inc., and 3) Consider Mutual Nondisclosure Agreement with ACS Government Systems, Inc., and authorize Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. Ii PUBLIC INPUT: No public input was given. e COMMISSIONER COORDINATOR REPORTS: Commissioner Conway noted that yesterday Public Works announced that, only one month after the storm, of the 160 flood -impacted roads only five remain closed; CR 61 was opened yesterday afternoon and CR 13 is close to completion. Minutes, October 16, 2013 2013-2927 Page 1 BC0016 Commissioner Conway thanked the Department of Public Works and the six counties that assisted them. Commissioner Conway shared that last week, based on the recalls of two sitting Democratic state senators, there was a new election for Senate leadership; Morgan Carroll was chosen for Senate President and Rollie Heath as Majority Leader, both described as "far left". Commissioner Conway noted he was hoping that Senator Mary Hodge, a centrist and pro -agriculture, would be selected. He stated actions speak louder than words and this is distressing news in terms of having the concerns of Weld County addressed. Commissioner Conway also reported he attended an annual luncheon hosted by Noble Energy, Inc., at the Natural Gas Symposium hosted by Colorado University. He thanked them for their flood response, which included $38,000 in gift cards, assistance to Public Works crews, and also thanked their employees for their year-round work with the United Way, Red Cross, the Weld County Food Bank and other non -profits. BIDS: e 1) PRESENT AND APPROVE EMERGENCY BID #61300179, FLOOD DEBRIS REMOVAL, DISPOSAL AND REDUCTION - DEPARTMENT OF GENERAL SERVICES: Trevor Jiricek, Director of General Services, explained there were seven vendors, and staff is recommending TFR Enterprises receive this contract to remove debris from all county right-of-ways. Residents can put flood -related debris on county roads for pick-up. In response to Commissioner Kirkmeyer, Mr. Jiricek confirmed that affected area residents were notified of this opportunity via 1,200 notices sent to specific addresses, and there was no press release. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The motion, which was seconded by Commissioner Conway, carried unanimously. Mr. Jiricek also mentioned Tina Booten, Pest and Weed Control Officer, is taking over the field monitoring to ensure FEMA compliance. 2) PRESENT BID #61300168, HONOR GUARD UNIFORMS - SHERIFF'S OFFICE: Mr. Jiricek said two proposals were received, and Sheriff's Office staff will review these and bring back a recommendation on October 30, 2013. Commissioner Kirkmeyer requested a work session and Commissioner Conway requested information about the last time uniforms were purchased be provided. NEW BUSINESS: e 1) CONSIDER SECOND AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - CITY OF GREELEY: Bruce Barker, County Attorney, said this property being sold to the City of Greeley was flood impacted; therefore, the closing date has been extended to February 15, but may be moved up if things get resolved. He confirmed Greeley can still utilize grant funding to purchase the property. Commissioner Conway noted that trace amounts of benzene were found on the site and Public Works and Noble Energy, Inc., are collaborating on that mitigation before the closing date. Commissioner Conway moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. e 2) CONSIDER CONTRACT AMENDMENT #3 TO PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - ACS GOVERNMENT SYSTEMS, INC.: Mr. Barker said this is in regard to an early termination of ACS's services effective as of December 31, 2013, and he also referenced early termination payment, and the next item of business as referred to in this document. Commissioner Kirkmeyer commented that, under Paragraph F, the County is offering employment to all ACS personnel currently working here. Brad Rich, Vice President with Xerox, was present, and Chair Garcia noted that that Mr. Rich and the Commissioners spoke with these employees regarding employment with Weld County. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried Minutes, October 16, 2013 2013-2927 Page 2 BC0016 unanimously. Commissioner Kirkmeyer stated in 1993 it was important to outsource but the County has outgrown this contract. There always will be challenges with IT; the staff here, under Xerox, has done a commendable job and will continue to do a great job and there are things the County will be able to do managing these services internally. Commissioner Conway stated he appreciated the 20 -year relationship, noting most similar contracts range from 5-10 years, and he thanked Xerox and their employees. He noted they are already part of Team Weld and are welcomed on board. El 3) CONSIDER MUTUAL NONDISCLOSURE AGREEMENT WITH ACS GOVERNMENT SYSTEMS, INC. AND AUTHORIZE CHAIR TO SIGN: Mr. Barker said this dovetails into the previous item of business and is to protect both entities and also to allow sharing of salary information for employee transition. He noted that he added, in paragraph #6, a request that if taken to court either party would be notified and jointly defend the nondisclosure of privileged information. Mr. Barker responded to Commissioner Kirkmeyer's question regarding the length of the agreement. Commissioner Kirkmeyer asked about a sentence regarding superseding all other agreements, and stated this needs to refer back to the new contract. Mr. Barker said this deals with a specific aspect of Contract Amendment #3, but that is a good point. The language "The contents of this agreement constitute the entire understanding and agreement between the parties with respect to Paragraph E of Contract Amendment #3, and supersede any prior agreements written or oral or not specifically referenced or incorporated in this agreement," was agreed upon. Commissioner Kirkmeyer moved to make this an amendment to the agreement as so stated. Seconded by Commissioner Freeman, the motion carried unanimously. Mr. Rich nodded his assent and chose not to speak on this topic. El Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. PLANNING: e 1) CONSIDER IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0014 - UFI FEEDING, LLC - BEALL SPORTS COMPLEX: Rich Hastings, Department of Public Works, stated the Departments of Planning Services and Public Works request approval. In response to Commissioner Kirkmeyer, Mr. Hastings stated the property owner does not have to hire their own engineer; those requirements can be waived, but in this case they did have an engineering firm review the documents. He also explained UFI was originally going to build a road with a new access, but decided to use an existing farm road on their property instead, so the dust abatement triggers are to protect CR 46, as this road runs parallel. Commissioner Conway moved to approve the agreement, accept collateral, and authorize Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. ADDITIONAL PUBLIC COMMENT: IR Chuck Poplstein, new District Director for Congressman Cory Gardner's office, introduced himself and reported that with everything going on in Washington (regarding the shut -down) the Congressman is as frustrated as anyone. He expressed appreciation for Weld County's leadership in the recent flood disaster, and he offered to help with FEMA or anything else. Commissioner Conway stated his appreciation that the Congressman was here working in the Emergency Operations Center and out in the field during the flood, and noted he has continually offered assistance during this difficult time. He also thanked him for recent legislation. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, October 16, 2013 2013-2927 Page 3 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 9:46 a.m. BOARD OFUNTY COMMISSIONERS WELD COC1NTLi_COLORADO ATTEST"�� Weld County Clerk to the Board Deputy Clerk the Board irnaa EXCUSED Douglas Rademacher, Pro-Tem hair Sean P. Conway n ` i l t -$t Mike Freeman arbara Kirkmeyer Minutes, October 16, 2013 2013-2927 Page 4 BC0016 Hello