HomeMy WebLinkAbout20132802.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 2, 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 2, 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, Esther Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meetings of September 30, and October 1 (9:00 a.m. and 1:15 p.m.), 2013, as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
El READ ORDINANCE BY TAPE: Commissioner Conway moved to read Code Ordinance
#2013-10 by tape. Commissioner Freeman seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the
Certification of Hearings conducted on September 30, 2013, as follows: 1) USR12-0063 - Murdoff
Holdings, LLC. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Ea CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: Doug Meyer, County resident, referred to a Tribune article, dated
September 20, 2013, regarding the unkept condition of regional waterways which made the flood worse
because sandbars and vegetation are not maintained. Commissioner Rademacher commented the
Weld County Workforce did work on certain waterways; however, regulations are very restrictive.
Commissioner Conway commented emergency 404 Permits were granted during the flood event and
indicated he will follow-up with Congressman Gardner concerning hosting a bill granting temporary 404
Minutes, October 2, 2013 2013-2802
Page 1 BC0016
Permits for adjacent landowners to clear the flood debris from the waterways before the coming Spring
runoff to prevent remaining flood debris from causing further damage to structures.
COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman reported there was a
meeting yesterday in which the United Way, in conjunction with the Weld County Community
Foundation, agreed to oversee the longterm recovery efforts of the private sector; over $700,000 in
donations has been collected. Commissioner Kirkmeyer agreed she has been endorsing
donations of recovery funds to either organization to ensure the funds are used locally in Weld County.
She also reported on the meeting outcomes of the Child Welfare Oversight Committee and the Public
Safety Information System. Commissioner Conway commended the Department of Public Works
for all of the incredible repair work that has been done or is in progress. He also reported on the first
meeting of the 1-25 Coalition scheduled for this evening and noted the importance of engaging all of the
entities along the corridor. He publically thanked each of the Counties which have responded with staff
and equipment to assist with the flood recovery efforts.
BIDS:
1) PRESENT AND APPROVE EMERGENCY BID #B1300173, BRIDGE 53/58A FLOOD
REPAIRS - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services,
presented the three vendors who submitted bids and indicated staff recommends approval of the low
bid from Don Kehn Construction, Inc., in the amount of $964,550.00. In response to Commissioner
Rademacher, Wayne Howard, Department of Public Works, indicated work will commence no later than
Monday and he anticipates up to 40 days for completion. He explained the need to complete the Corps
of Engineers permit and have a meeting to address details prior to starting the work. Commissioners
Conway and Kirkmeyer expressed frustration with the delay in starting and completing the project.
Mr. Howard further stated staff did not require a completion date as a bid specification to avoid
discouraging bid submittals; however, they will be stressing the importance of beating the 40 -day
deadline once the bid is awarded. Commissioner Rademacher moved to approve the bid as
recommended by staff, on an emergency basis. Seconded by Commissioner Freeman, the motion
carried unanimously.
2) PRESENT AND APPROVE EMERGENCY BID #61300174, BRIDGE 61/54A FLOOD
REPAIRS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed the three bids received and
stated staff recommends approval of the low bid from Roche Constructors, Inc., in the amount of
$994,081.95. In response to Commissioner Rademacher, Mr. Howard reiterated the contract will still
have the 40 -day term; however, staff will stress the urgency to expedite completion. Commissoner
Kirkmeyer expressed frustration with the extended timeframe, contrary to the two-week commitment
previously made by staff. Commissioner Conway agreed; however, he noted he is encouraged the
project will be awarded to a local contractor who has a proven history of completing projects under
budget and in a timely manner. He commented the damage on County Road (CR) 53 is extensive and
involves numerous repairs. Commissioner Rademacher commented the bid for CR 13 was intended to
be out today; however, Mr. Howard indicated it will actually be later this week and explained staff has
been to the site and assessed damages, remaining issues, and utilities to coordinate all of the various
types of work to be done. Commissioner Kirkmeyer reiterated her anger with the change in plans and
extended timeframes. Commissioner Conway stated he appreciates that this is a dynamic situation
and plans sometimes need to change; however, this redirection should have been communicated to the
Board. He emphasized that one of these two roads, CR 53 or CR 61, has to be completed due to the
harvest schedule. Commissioner Kirkmeyer moved to approve the bid as recommended by staff, on an
emergency basis, with a request for a work session with Tom Roche as soon as possible. Chair
Conway seconded the motion, which carried unanimously.
Minutes, October 2, 2013 2013-2802
Page 2 BC0016
NEW BUSINESS:
fa 1) FIRST 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: Brad Yatabe, Assistant County
Attorney, reviewed the proposed revisions regarding floodplain management, which were originally
slated to be effective by mid -January; however, the matter has been expedited due to the recent flood
event. He stated the curent standards are more restrictive than what is required by FEMA, and this
revision is in response to FEMA regulations to ensure Weld County is in compliance and also benefits
the impacted homeowners (to maintain flood insurance they must be in compliance with local
regulations). He reviewed the additions, deletions and revisions in detail for the record and explained
the intent of additional changes to Chapter 23 which will be proposed prior to second reading. ', In
response to Commissioner Rademacher, Bruce Barker, County Attorney, explained the need to follow
the three -reading process; however, the intent of the new regulations may be implemented starting
today under the Pending Ordinance Doctrine. '. Clay Kimmi, Department of Public Works, stated
the current regulations are contained in Chapter 23 and have not been changed since their adoption in
1982. He stated they will now be moved to the oversight of the Department of Public Works and,
basically, the changes make it possible to develop in the floodway and allow the a six-inch minimum
rise in the floodplain to be more builder -friendly. '. In response to Commissioner Kirkmeyer, Mr.
Kimmi explained the intent of Section 18-13-200.M, and Commissioner Kirkmeyer requested "sanitary
systems" be addressed in the definitions to ensure it is clear it does not apply to certain agricultural
structures. Responding further to Commissioner Kirkmeyer, Mr. Barker agreed the revisions to Chapter
23 Zoning could be referred to the Planning Commission for a recommendation prior to the final
reading. No public testimony was offered concerning this matter. Commissioner Kirkmeyer
moved to approve Code Ordinance #2013-10 on first reading and requested the proposed revisions to
Chapter 23 be sent to the Planning Commission to abide by proper process. Commissioner Conway
seconded the motion and commented that he wanted to ensure the pending language is enforceable as
of today. Mr. Barker confirmed that it is.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-10 was approved on first reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, October 2, 2013 2013-2802
Page 3 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO OJ -Y: COLORADO
ATTEST
Weld County Clerk to the Board
BY:
Deputy C
to the Board
William F. Garcia, Chair
er, Pro-Tem
Conway
reeman
Minutes, October 2, 2013 2013-2802
Page 4 BC0016
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