HomeMy WebLinkAbout20130866.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 3, 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, April 3, 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 - EXCUSED
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
(Clerk's Note: There is no audio file available for this meeting.)
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 1, 2013, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Dean Wagner, County resident and Sill-Terhar Motors vendor, stated he had
concerns over certain bids awarded on Monday to a local vendor (over the lowest bidder) and the bid
selection process and felt the bid difference was too much for the taxpayers, setting a dangerous
precedent and discouraging outside vendors. He added it takes several days of effort to put together a
bid and a geographical bias is a disincentive for out -of -county bidders. In response to Commissioner
Conway, Mr. Wagner said he has made successful bids with Weld County at least every other year.
Commissioner Conway said he felt this indicated the fairness of the process, and he noted that while
the Board understood Mr. Wagner's point, local vendors pay property taxes and employ Weld County
citizens. Mr. Wagner replied that several of his employees live in Weld County. Commissioner
Kirkmeyer commented that the Charter (since 1976) requires local preference when competitive in price
and quality, and in this case a two percent difference is minimal. Commissioners Kirkmeyer and
Conway agreed with Mr. Wagner's suggestion that the existing potential for the Board's selection of a
slighty higher bid from a local vendor be mentioned in the bid specifications. Commissioner Conway
explained there are many factors which go into bid selection, noted Mr. Wagner's successes over the
years, and said the Board tries hard to be fair and balanced.
Minutes, April 3, 2013 2013-0866
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Ted Baca, County resident, and also representing Korf Continental, said that in 25 years of doing
business in Weld County this was the first time he has seen a bid selection based on geographic
location. He noted that the County spent $1,200 more on the three vehicles by going with the local
bidder and it is possible that local dealers would know that they could bid higher and still win. He also
mentioned that calculating a bid is a lot of effort to make when a bidder may be considered non-
competitive because of location. Commissioner Conway thanked Mr. Baca for coming and voicing his
concerns. He said that the Commissioners took an oath to uphold the Charter, and clarified that this
Board has made similar decisions over the last four years. He also noted that since this is the first time
Mr. Baca has seen this happen, that fact speaks to the fairness of the process; the Board has the
option to reject all bids, so if local bidders try to take advantage, the taxpayers are protected.
Commissioner Kirkmeyer recalled that this part of the Charter was also exercised when she was a
commissioner in the 1990's. There was then some discussion about the state bid in comparison to the
county. Commissioner Conway said the Board would discuss the matter further and look into the
possibility of clarifying a definite amount or percentage in the bid materials.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
1) APPROVE BID #B1300025, FORKLIFT FOR ISLAND GROVE - MOTOR POOL: Rose Everett,
Department of Purchasing, reviewed the fleet administrator and staff's recommendation to accept the
low bid from Arnold Machinery. Commissioner Freeman moved to approve said bid. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
2) APPROVE BID #B1300058, DEMOLITION SERVICES - 2 FREDERICK BUILDINGS — Department
of Buildings and Grounds: Marcia Walters, Department of Purchasing, reviewed staff's
recommendation to accept the low bid from Anderado Construction Corporation. Commissioner
Conway moved to approve said bid. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously. Commissioner Conway noted, in light of the previous discussion, that this was an
award to an out -of -county vendor. Toby Taylor, Department of Buildings and Grounds, explained the
large bid differential, saying that one is a smaller vendor and it would take them more capital to get
started. Commissioner Conway, also noted it was staff's supposition that the low bidder would
incorporate more salvage to recoup cost (as opposed to just demolition).
3) APPROVE BID #B1300062, CONTRACT TRUCKS (HAULING MATERIALS) - DEPARTMENT OF
PUBLIC WORKS: Ms. Everett reviewed staff's recommendation to accept the low bid from Richard
Consolidated, Inc. Commissioner Conway moved to approve said bid. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
OLD BUSINESS:
1) CONSIDER PROPOSAL AND TRANSFER OF TAX LIEN SALE CERTIFICATES - BRISK
DEVELOPMENT, LLC: Stephanie Arries, Assistant County Attorney, and John Lefebvre, Treasurer,
presented the proposal. Mr. Lefebvre related that the County was approached by Mr. Goedert about
purchasing 80 acres of former Waste Disposal property (the operation was shut down approximately 20
years ago by the EPA), the original offer of 10% was determined in a work session to be inadequate.
Mr. Goedert then met with Chair Garcia, supplied a detailed letter on the value of his proposal and
doubled his offer. Mr. Lefebvre explained the County's information about the property's value, noting
Minutes, April 3, 2013 2013-0866
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that $120,000 in back taxes is unlikely to get paid on property valued under $40,000 with a high
potential for residual pollution. Commissioner Kirkmeyer said the new information provided answered
her questions about the environmental clean-up and property's value and she was now prepared to
support the proposal. Conway thanked the Treasurer for getting some of the County's back taxes and
changing this into a revenue generating property. Commissioner Kirkmeyer moved to approve said
transfer of tax lien sale certificates and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
NEW BUSINESS:
1) CONSIDER CONTRACT EXTENSION/RENEWAL FOR 2013 FUEL (#B003 - 09) -AGFINITY, INC.
FKA AGLAND, INC.: Barbara Connolloy, Controller, said this is the current contract's one year
extension request and there are no changes. Commissioner Conway moved to accept the proposal
and approve said contract extension/renewal. The motion was seconded by Commissioner Freeman,
and it carried unanimously.
2) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICE LICENSE AND
AUTHORIZE CHAIR TO SIGN - COLORADO MOTOCROSS MEDICS, LLC: Dr. Mark Wallace,
Director of the Department of Public Health and Environment, reviewed the application, stating the
EMTS Council reviewed the recommendation and the applicant met all requirements for a Tier III
(stand-by) license. Commissioner Conway moved to approve said license and authorize the Chair to
sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. Commissioner
Kirkmeyer stated her concern that under "Other Comments" regarding the EMTS Council's
recommendation the entry was "none", noting that the Board needs feedback from the Council,
especially for Tier I and II applications. Commissioner Conway concurred that the purpose of setting up
this process was to get a recommendation and also to understand on how the licensee fits into the
whole delivery system. Commissioner Rademacher relayed that there had, in fact, been a lengthy
discussion with the EMTS Council which was not reflected in the comments.
PLANNING:
1) CONSIDER INTERIM ROAD MAINTENANCE IMPROVEMENTS AGREEMENT FOR TRITON
WATER DEPOT, AUTHORIZE CHAIR TO SIGN AND ACCEPT COLLATERAL - BIG THOMPSON
INVESTMENT HOLDINGS, LLC, C/O MARK GOLDSTEIN: Rich Hastings, Department of Public
Works, reviewed the project and agreement, which was also approved by planning staff.
Commissioner Kirkmeyer confirmed the document reflects what was decided in the work session and
moved to approve said improvement agreement, accept collateral, and authorize the Chair to sign. The
motion, which was seconded by Commissioner Freeman, 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, April 3, 2013 2013-0866
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There being no further business, this meeting was adjourned at 9:42 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cler
EXCUSED
William F. Garcia, Chair
Barbafe Kirkmeyer
Minutes, April 3, 2013 2013-0866
Page 4 BC0016
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