HomeMy WebLinkAbout20131475.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 12, 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, June 12, 2013, 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 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
Controller, Barb Connolly
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of June 10, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
la AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
Ca PRESENTATIONS:
1) RECOGNITION OF SERVICES, WELD COUNTY DEPARTMENT OF PUBLIC WORKS — MELVIN
EVERHART: Chair Garcia, by Chair's prerogative, continued this item until Mr. Everhart could be in
attendance. (Clerk's Note: Subsequently scheduled for June 19, 2013.)
2) RECOGNITION OF SERVICES, WELD COUNTY DEPARTMENT OF PUBLIC WORKS - JAMES
STELMACK: Chair Garcia, by Chair's prerogative, continued this item until Mr. Stelmack could be in
attendance. (Clerk's Note: Subsequently scheduled for June 19, 2013.)
PUBLIC INPUT: Doug Meyers, County resident, announced a meeting concerning the South
Platte Corridor from 6:30-7:30 p.m., Thursday, July 13th, Platteville Town Hall, and another on June
14th at the Milliken Town Hall concerning conservation easements, and asked the Commissioners to
attend. He also addressed the high-speed rail that the State wants to build, wondering how much
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private land it is going to take, especially for parking lots. Lastly, he referenced Dave Young's
comments in the Greeley Tribune, in which he said he had worked to pass bi-partisan laws and
asserted that urban and rural tensions are a fabrication. Mr. Meyers disagreed that Representative
Young was "respectful to people across the aisle". He spoke briefly in general opposition to
conservation easements. Commissioner Conway said they just learned about this matter and will try to
attend the Town Hall meetings. Commissioner Kirkmeyer said that Milliken and Platteville applied for a
grant for this project together. She noted that if they are not using eminent domain powers they are not
doing a taking. Commissioner Rademacher said they are trying to get the abandoned railroad line.
La COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer reported on the recent
workshops on surface owner rights and the 500 -foot setback rule, both sides were in attendance, the
one in the Southwest Building was a full house. She reported on their attendance at Colorado
Counties, Inc. (CCI) last week, where she spoke about Medicaid expansion, noting that this is another
unfunded mandate for training, up to a $400,000 annual expenditure. They also met with Kevin
Patterson, Deputy Chief of Staff for Governor Hickenlooper, who committed to continue looking for
funding. Senator Hodge said she was working with Counties to try and find a legislative budgetary fix
with regard to paying for the expansion of Medicaid in Colorado. a Commissioner Conway related
that Commissioner Freeman and he helped New Ramer celebrate their 125th anniversary with several
hundred people and great discussion about roads, etc. He said Dave Long is enjoying his new position
in Logan County as the Director of Social Services. He also reported at length on a five hour South
Platte Roundtable meeting that he and Commissioner Rademacher attended. He said that he and
Commissioner Rademacher assisted Commissioner Donnelly and The City of Ft. Collins with a project
on the Poudre River. . Commissioner Freeman noted that the CCI meeting was eye-opening and
interesting, and where the legislature is intending to go is of great concern to Weld County. He
reiterated that being in New Raymer was a great day and he will be attending the Grover parade this
weekend. aCommissioner Conway added that he had the opportunity to visit informally with
Representative Young at the Greeley Chamber of Business for four hours and he will be coming by to
visit with the Board. He said he had told him Weld County is concerned about tail docking, oil and gas,
but never got a response back from him and want to maintain a dialogue. aChair Garcia last
Wednesday went to the Southeast Weld Chamber luncheon in Keenesburg, and he took an economic
development tour with the City of Fort Lupton. He also reported attending the County Attorneys
Conference and heard about issues such as land use, meets and bounds, 1041 powers, and
implementation of the new marijuana laws, got some new ideas regarding crossing state lines and sent
to the airport manager, and also discussed civility. Chair Garcia also recognized the Good Samaritan
efforts of Bob Choate, Assistant County Attorney, in helping some people along the river who had been
involved in a boating accident. Commissioner Conway said the Board would consider some special
recognition for his heroic actions.
BIDS:
1) PRESENT BID #B1300118, DACONO GRADER SHED SEWER LINE - DEPARTMENT OF
BUILDINGS AND GROUNDS: Trevor Jiricek, Director of General Services, presented this bid, which
has two vendors and will be brought back before the Board for approval on June 26, 2013.
ki 2) APPROVE BID #61300114, AUDIO/VISUAL EQUIP AND INSTALL - SHERIFF'S OFFICE:
Mr. Jiricek reviewed staff's recommendation to approve the second low bid, from Ford Audio -Visual
Systems, LLC which met specifications. Steve Reams, Sheriff's Office, explained that the lowest bidder
provided a piece of equipment that was different and not set-up for a classroom setting, had a single
point of failure, contained hidden costs, and, most notably, they did not supply a cabinet to host the
equipment. Deputy Reams provided additional explanation of the selection and responded to questions
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from the Board. Commissioner Rademacher moved to approve said bid as recommended by staff.
Seconded by Commissioner Freeman, due to the reasons given by the Sherriff's Office, the motion
carried unanimously.
a 3) APPROVE BID #61300125, SUVS - 4 DOOR - QTY. 3 - SHERIFF'S OFFICE/K-9 DIVISION:
Mr. Jiricek said staff recommended the low bid from Sill-Terhar Motors, which met all specifications.
Commissioner Conway noted the percentage difference of $203.00 per vehicle was less than one
percent. Barb Connolly, Controller, noted these are nearly identical 2014 vehicles and Commissioner
Kirkmeyer made a motion to accept the bid from Spradley Barr Ford Lincoln because they are a local
vendor, and according to the Home Rule Charter preference should be given to local bidders.
Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The motion, which was
seconded by Commissioner Conway, carried unanimously.
4) APPROVE BID #B1300031, WCR #23-SH #392 INTERSECTION CONSTRUCTION
CONSULTING ENGINEERING SERVICES - PUBLIC WORKS: Mr. Jiricek said staff recommended the
Board select Short Elliott Hendrickson (SEH), this is a contractor selection and the contract is listed on
this agenda under New Business. He noted that additional rational was discussed in a work session
and Wayne Howard, Department of Public Works, was present to answer questions. In response to
Commissioner Kirkmeyer, Mr. Jiricek said all three firms were not interviewed because SEH seemed far
and away the best vendor and the code did not require it. Commissioner Conway noted the County
needs to adhere to the State's process. Commissioner Kirkmeyer said staff should have interviewed all
three firms to let the other firms defend their qualifications. Mr. Howard explained how this was an
unusual circumstance, and said the contractor selected was the only one that really met the
qualifications. In response to Chair Garcia, Mr. Howard said the interview process is solely a Weld
County process. The criteria of the selection committee felt that the staff offered by SHE was senior -
level, local to Greeley, and more fully qualified to do the job. In response to Chair Garcia, he said the
other firms, although they possess capable staff, did not propose using them on a full-time basis for the
project. Commissioner Kirkmeyer said the rules talk about ensuring an open -process and this does not
seem to be in line with that. Mr. Howard confirmed they had had a pre -proposal meeting with the
interested firms; there were 67 at the pre -proposal meeting, but only three actually submitted. The
number of firms interviewed is at the discretion of the department head. Mr. Jiricek said the intent of
the process is to enter with the highest qualified firm, and they were far above the others; therefore, it
seemed unnecessary to interview the others. Commissioner Conway moved to approve said bid as
recommended by staff. Commissioner Rademacher seconded the motion and it carried unanimously.
Commissioner Conway noted the concerns raised by Commissioner Kirkmeyer are legitimate, because
the County has to pass the perception test in the community that there is a fair bidding process, and
moving forward we need to be cognizant to afford multiple interviews for transparency, but in this case
he is comfortable with the process. Commissioner Kirkmeyer voted against the motion, saying
interviewing only one firm did not meet the code and is a bad precedent to set, as other firms will
question why they did not get an opportunity to defend their proposals. Chair Garcia reported that he
met with Mr. Barker regarding the process, and if there are any improvements Mr. Jiricek would
suggest, he should bring them to the attention of the County Attorney. Upon a call for a roll -call vote,
the motion passed 4-1, with Commissioner Kirkmeyer opposed.
NEW BUSINESS:
1) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM APPLICATION FOR
COUNTY ROAD 49 EXTENSION PROJECT (PHASE 2) AND AUTHORIZE ELECTRONIC
SUBMITTAL: Mr. Howard, County Engineer, explained this is an out -of -cycle application to the
Department of Local Affairs (DOLA) for $3 million for Phase 2 of the Weld County Road 49 Extension
Project; specifically the Cache la Poudre Bridge at a total cost of $6.469 million. Commissioner
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Kirkmeyer suggested that the project description be changed to remove anything that refers to out -of -
cycle and added her concern that this is just listed as a bridge construction, suggesting it be altered to
read: "to construct a four lane concrete roadway and a thousand foot bridge over the Cache la Poudre
River," and delete the last sentence about securing the right-of-way, because typically they don't fund
right-of-way acquisition. Commissioner Kirkmeyer moved to approve said application with the
aforementioned changes in the project description. The motion was seconded by Commissioner
Conway, and it carried unanimously. Commissioner Conway said this will accelerate the completion of
the project, and he commended Public Works staff for pursuing this as a way of accessing a small
amount of the revenue that Weld County is generating for the State.
El 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - SHORT ELLIOTT HENDRICKSON, INC.: Mr. Howard briefly described the project and noted
the importance of getting this agreement signed promptly. Commissioner Conway noted the July
groundbreaking and said getting this done before winter is a tremendous accomplishment. He also
thanked Commissioner Kirkmeyer for her work in bringing CDOT to the table. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded
by Commissioner Rademacher, carried unanimously.
El 3) CONSIDER INTERGOVERNMENTAL AGREEMENT REGARDING WEED SPRAYING AND
AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON: Tina Booton, Department of Public Works,
explained the work will take about a day and said, since these are mostly non -noxious weeds, it only
needs to be done once a year. Commissioner Kirkmeyer moved to approve said intergovernmental
agreement and authorize the Chair to sign. Commissioner Rademacher seconded the motion and it
carried unanimously.
4) CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION
MANAGEMENT SPECIALIST: Ms. Booten said, in accordance with the Colorado Weed Management
Act and the Weld County Code, she must ask permission to carry out enforcement on private lands. In
response to Commissioner Conway, Ms. Booten confirmed that friendly contact was attempted, via
phone calls, knocks on doors, and postcards, with some time for follow-up and then a legal notice is
sent via U.S. mail. Chair Garcia read the names of these property owners for the record and opened
the matter up for public comment. Commissioner Rademacher moved to approve said entry upon
various lands. The motion was seconded by Commissioner Freeman, and it carried unanimously.
PLANNING:
1) CONSIDER EXTENSION REQUEST FOR COMMENCEMENT OF OPERATIONS FOR USR-
1608 - HOLTON FAMILY, LLC, C/O READY MIXED CONCRETE COMPANY: Kim Ogle, Department
of Planning Services, said they received a letter from Mike Hart with Hart Environmental who
represents Ready Mixed Concrete. The Board approved this USR in 2007, and they are requesting
that the Board grant an extension of three years to start up the gravel operation due to economic
conditions. Mr. Ogle said staff recommends approval. Mr. Hart gave a brief description of their
perception of the strength of the economy and explained the investment needs to be timed to meet
growth in the construction industry demand. Bill Timmons, General Manager of Ready Mixed Concrete,
said due to a five year recession in the construction industry, and a large contract developing water
storage vessels for the City of Brighton, this project has been put on hold. Commissioner Rademacher
moved to approve said extension request. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
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El 2) CONSIDER EXTENSION REQUEST FOR COMMENCEMENT OF OPERATIONS FOR USR-
1682 - MORTON LAKES, LLC, C/O READY MIXED CONCRETE COMPANY: Mr. Ogle said this is the
same as the previous item; this is the adjoining property. Commissioner Kirkmeyer moved to approve
said extension request. Seconded by Commissioner Conway, the motion carried unanimously.
Commissioner Kirkmeyer stated it is good to be accommodating as it appears they are doing their due
diligence Mr. Timmons stated Tom Parko and Kim Ogle are the best planners his company has ever
dealt with out of six counties, and said thanks for having such a good staff.
El 3) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, DEED OF TRUST AND
SALE RESTRICTION AGREEMENT FOR LYONS 66 PACIFIC COMMERCE PARK, PLANNED UNIT
DEVELOPMENT, PF#555 - LYONS 66 PACIFIC, LLC: Mr. Ogle said staff received a letter from
Michael Shea, Manager for the Lyons 66 Pacific Development, requesting cancellation and release of
collateral and described the location, noting that only one lot has been developed so far, as a Kum and
Go gas station. In 2011, the Town of Mead annexed the development, and Mr. Shea asked if he could
transfer over the Weld County collateral, but they preferred not to do that; therefore, Mr. Shea is
requesting full release. The Deed of Trust is for all remaining lots on the development. In response to
Chair Garcia, Mr. Shea said all of the engineering plans for the development were already submitted to
Weld County; it was phased at that time to put in water, sewer, electric and telephone, but at the time
CDOT needed to construct a substitute frontage road and, as a result, put in the storm drainage sewer
and other improvements, which delayed construction and then the recession hit. He clarified that the
Town of Mead has not asked for any changes to the plans as approved by Weld County; the only thing
that might change will be phasing due to infrastructure needs and the Town's plans. He noted that the
Town of Mead is not anxious to do everything in one phase and briefly explained the curb and gutter
requirements. Commissioner Rademacher moved to approve said cancellation and release of
collateral, deed of trust and sale restriction agreement. Seconded by Commissioner Conway, 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.
Minutes, June 12, 2013 2013-1475
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:11 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COJJ , COLORADO
ATTEST' rv►.ersAAJS p,
CCiLe
Weld Count Clerk to the Board
William F. Garcia, Chair
Barbara Kirkmeyer
Sea�n,�P�. Conway
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cher, Pro -Tern
Mike Freeman
EXCUSED DATE OF APPROVAL
Minutes, June 12, 2013 2013-1475
Page 6 BC0016
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