HomeMy WebLinkAbout20111613.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 6, 2011
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
Centennial Center, Greeley, Colorado, July 6, 2011, 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 Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 29, 2011, as printed. Commissioner Conway seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on June 29, 2011, as follows: 1) AmUSR Permit #521 — David Farley Family
Trust. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway congratulated the Stampede
Committee for doing an outstanding job, and he stated the Greeley Independence Stampede was a
huge success this year. He stated he participated in the Greeley Independence Stampede Parade this
year, along with Commissioner Rademacher and Chair Kirkmeyer, and there was a huge turnout for it.
He congratulated Mr. and Mrs. Harold Evans being selected as this year's grand marshals and he
thanked them for their hard work. Chair Kirkmeyer concurred with Commissioner Conway.
Chair Kirkmeyer stated she attended a Medicaid meeting with Commissioner Long and the State
Director for Eligibility, and they agreed to Weld County participating in a pilot program.
Minutes, July 6, 2011 2011-1613
,'a� Page 1 BC0016
BIDS:
PRESENT BID #B1100099, ARMORED CAR SERVICES - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Monica Mika, Director of Finance and Administration, stated said bid will be
presented for approval on July 20, 2011. Commissioner Conway stated he is glad the two (2) apparent
low bids are from local vendors.
APPROVE BID #B1100069, SOUTH CNG FUELING STATION TO BE LOCATED IN DRCOG AREA -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated this bid was initially presented to the Board on
June 20, 2011, and the Board directed staff to initiate discussions with the potential vendors; however,
Elizabeth Relford, Department of Public Works, was notified by the Colorado Department of
Transportation (CDOT) that the County must select the lowest bid. She stated she understands that
CDOT wants the lowest bid to be accepted; however, she does not understand why staff cannot
conduct interviews, since it is what the Board wants.
Ms. Relford stated that CDOT's regulations indicate that if there is any federal funding accepted for a
project, it must follow the Federal Highway Administration's (FHWA) procurement requirements, which
include accepting the lowest bid. She stated if the County wants to identify different bid specifications,
the request for proposals must be rewritten. She stated the Board could choose to not award the bid
and she could rewrite the bid specifications. Ms. Relford stated three (3) vendors have submitted bids
which meet the minimum bid specifications. In response to Chair Kirkmeyer, Ms. Relford confirmed the
County has a contract with CDOT. Chair Kirkmeyer inquired as to whether the contract specifies the
County is to follow its own procurement procedures and if there are none, the County must follow the
State's procurement procedures. Ms. Relford stated the contract also states the County has to follow
the Federal Highway Administration's procurement procedures. She stated if the County chooses not
to accept the lowest bid, it must provide the justification as to why it is not being awarded and then the
County must request concurrence of award from CDOT. Chair Kirkmeyer stated she wants to double
check the contract with CDOT, since she wants to verify whether the contract states the County must
follow its own procurement procedures first, and she also wants to know what the bid amounts are for
only the minimum bid specifications from the companies which met the requirements, since some of the
bids are for more than the minimum specifications. Ms. Relford stated the bid amounts for the
minimum specifications cannot be determined, even though at least one vendor submitted a bid amount
for more than the minimum bid specifications. She stated the bid specifications would have to rewritten
if the Board wants a higher quality than the minimum specifications; otherwise, the lowest bid must be
selected. She stated the contract refers to the local agency manual throughout it, which is CDOT's
document, and it states the County must follow CDOT's procurement procedures. In response to
Commissioner Conway, Ms. Relford stated the problem with rebidding is the vendors met the minimum
bid specifications; therefore, she has no justification for not awarding the bid. Chair Kirkmeyer inquired
as to whether the cost for the minimum specifications can be removed from the bid proposals.
Ms. Relford stated the bid proposals are lump sum proposals and were not itemized; therefore, the
amounts for the minimum specifications cannot be identified. In response to Commissioner Conway,
Ms. Relford stated her recommendation is to award the project to the lowest bidder. Commissioner
Conway inquired as to what the down side of awarding the project to the lowest bidder is. Ms. Relford
stated she has not worked with the company which submitted the low bid before. In response to
Commissioner Conway, Ms. Relford stated the company is based out of the States of Georgia and
California, and it has been promoting the Smart Energy Plan and mentioned the Plan at the Clean
Cities event. She stated the prices the lowest bidder submitted were reasonable, and the grant funds
will cover the cost of the project. She stated she did not receive any bad reports from the low bidder's
references. In response to Commissioner Conway, Ms. Relford confirmed her concerns are she has
not worked with the vendor before, and it is not a local vendor. Commissioner Conway inquired as to
whether there is a provision in the Charter which indicates that bid amounts from local vendors which
are within a certain percentage of the lowest bid can be considered by the Board.
Minutes, July 6, 2011 2011-1613
Page 2 BC0016
Bruce Barker, County Attorney, clarified there is not a specific percentage listed in the Charter;
however, the Board usually considers higher bids from local vendors when the bids are within
approximately five (5) percent of the lowest bid. He stated upon looking at Exhibit H, he is not
convinced the Board has to accept the lowest bid. He stated the Board normally considers quality, in
addition to the bid amounts, and Exhibit H indicates the Board has to comply with the guidebook and it
lists evaluation factors as qualifications, such as the approach to work, the ability to furnish professional
services, and anticipated design concepts. Mr. Barker stated factors which can be considered for the
final selection include abilities of the vendor's personnel, past performance, willingness to meet time
and budget requirements, location, current and projected workloads, volume, and previously awarded
contracts and involvement of minority consultants. He stated it seems there are more factors which can
be considered by the Board than just the lowest bid; however, he has not read the guidebook.
Pat Persichino, Director, Department of Public Works, stated what Mr. Barker is referring to are factors
for Quality Based Selection (QBS), and this is not a QBS bid. Mr. Barker stated the information he
provided is from the contract. Mr. Persichino stated the QBS process must be used for consultants;
however, the lowest bid must be selected for construction. He indicated he reviewed the bids to verify
all the minimum requirements were met. In response to Commissioner Conway, Ms. Relford stated the
State indicated the County cannot conduct interviews for this bid. Chair Kirkmeyer stated vendor
interviews cannot be conducted for State-funded construction projects. Commissioner Conway
inquired as to what is being debated if the State indicated to County staff that interviews cannot be
conducted. Mr. Persichino indicated the Board must either accept the lowest bid or reject all the bids
and write new bid specifications. He stated the lowest bid is from a reputable contractor which meets
all the bid's standards. Chair Kirkmeyer recommended against rejecting the bid, since it has taken
approximately 18 months to reach this point. She stated CDOT and FHWA are difficult to work with,
inflexible, and unreasonable in their approach, and the interested vendors will hopefully remember this
incident when submitting bid proposals for the other upcoming projects with CDOT and FHWA. Mr.
Persichino indicated the vendors were advised at the pre-bid meeting to satisfy the minimum bid
specifications and that anything beyond the minimum requirements was at the discretion of the
vendors. Commissioner Conway stated the County needs to move forward, and CDOT and FHWA will
not bend on this matter. Commissioner Garcia moved to approve the low bid from Mansfield Gas
Equipment, based on staff's recommendation. Seconded by Commissioner Rademacher, the motion
carried unanimously.
APPROVE BID #B1100091, HOUSEHOLD HAZARDOUS WASTE SERVICES — DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT: Trevor Jiricek, Department of Public Health and
Environment, stated this bid is for the Household Hazardous Waste recycling, incineration, and disposal
services. He stated five (5) vendors submitted bid proposals, and he recommended approval of the low
bid from MXI Environmental Services, LLC. He stated MXI Environmental Services, LLC, has provided
these services for the Department for the past three (3) years, and it has been a good experience.
Commissioner Rademacher moved to approve the low bid from MXI Environmental Services, LLC,
based on staff's recommendation. Commissioner Long seconded the motion. Commissioner Garcia
stated MXI Environmental Services, LLC, does not offer landfill services, and Clean Harbors does. He
inquired as to whether this is a problem. Mr. Jiricek stated this is not a concern, and preference was
given to vendors which provided incineration or blending services, as opposed to landfill services.
There being no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN -
VIPER2, INC., DBA BORDERLINE: Deputy Jeremy Frey, Sheriff's Office, stated he conducted an
inspection of the facility on June 17, 2011, and he has no concerns.
Minutes, July 6, 2011 2011-1613
Page 3 BC0016
Brad Yatabe, Assistant County Attorney, stated he has reviewed the application and does not have any
concerns about it. Commissioner Rademacher moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN —
THE FORT 21, LTD., DBA THE FORT 21: Deputy Frey stated he conducted an inspection of the
establishment on June 17, 2011, and he found no grounds for disapproval of the application.
Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER APPLICATION TO CHANGE, ALTER, OR MODIFY PREMISES AND AUTHORIZE CHAIR
TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Deputy Frey stated he met
with the one of the owners at the facility on June 17, 2011, and they discussed the addition to the
porch, which will be an enclosed area outside, and no alcohol will be served in the outside area.
Mr. Yatabe stated from his discussion with Deputy Frey, he understands the patio is partially
constructed; however, the fence has not been completed, which is his only concern about approving
the area for alcohol to be served in it. He stated the patio area will need to be entirely closed prior to
alcohol being served there. In response to Commissioner Conway, Deputy Frey stated he did not
discuss a timeframe for completion of the fence; however, he indicated to the owner that an area
currently accessing the parking lot needs to be closed, to prevent people from being able to exit there.
In response to Chair Kirkmeyer, Mr. Yatabe confirmed it is his recommendation that the Board include
the completion of the fence as a Condition of Approval in the Resolution. Commissioner Conway
moved to add the Condition of Approval regarding the completion of the fence to the Resolution, and he
inquired as to whether an inspection should be required prior to the issuance of the license. Mr. Barker
stated an inspection should not be necessary, and he clarified the Board is not approving the issuance
of the license; it is approving the modification of the premises, conditional upon the area being made
secure. He stated the Colorado Liquor Code prohibits alcohol from being taken off the premises, and
the concern about beer gardens is that people may do this if the area is not fenced. Commissioner
Rademacher seconded the motion, which carried unanimously. Commissioner Conway moved to
approve said application and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON VARIOUS COUNTY ROADS:
Janet Carter, Department of Public Works, stated this is follow up to the Hydrant Project, and she has
been working with the Water Districts, the Department of Planning Services, and the trucking
companies to identify locations which allow the loading of water to occur, for transfer to other locations
by the trucking companies. She stated there are five (5) approved sites which do not have sight
distance restrictions, are not near residential homes, and are located on low-volume roadways. She
stated she submitted a copy of the signage plan to the Board, and it is being requested that the signs
be installed July 11, 2011, through January 30, 2012. Ms. Carter stated the signs will reduce the speed
limit from 55 miles per hour to 35 miles per hour. In response to Commissioner Rademacher,
Ms. Carter clarified the speed limit will only be reduced in the loading zones, and there will be signs
indicating there will be a reduced speed ahead and the speed will first be lowered to 45 miles per hour
and then to 35 miles per hour; therefore, people will not be forced to drive at the reduced speed limits
for long distances. Commissioner Rademacher moved to approve the installation of said warning and
speed limit signs on said roads. Commissioner Long seconded the motion. Commissioner Garcia
stated requiring a Use by Special Review (USR) Permit for this matter was previously discussed by the
Board, and he thinks a USR Permit would be a preferable way to process this request in comparison to
what seems to be a stopgap procedure; however, he would like to hear from the rest of the Board
before making his decision. Commissioner Conway stated he has been out of the office for a couple of
weeks; however, he attended a meeting with some of the Commissioners and the Central and North
Weld County Water Districts where discussion about this matter occurred. He confirmed this is just a
Minutes, July 6, 2011 2011-1613
Page 4 BC0016
stopgap measure, and he stated it is necessary based on the increased traffic in this area. He stated
there was specific instruction for staff to do this at the meeting; they were instructed to locate
low-volume locations for water to be safely loaded while the Central and North Weld County Water
Districts determined whether they want to complete a USR Permit application. Chair Kirkmeyer stated
there was a lot of discussion at the meeting Commissioner Conway is referring to; however, the
representatives from the oil and gas industry did not participate in the discussion, since they are not
anticipating applying for USR Permits and they understand they have to pay for water to be hauled to
them. She stated she concurs this matter should be handled as a USR Permit and the activity should
occur on private property; however, she does not want to stop the industry drilling from occurring and
she understands there needs to be a stopgap. She stated it was made clear to the water and trucking
companies at the meeting that a USR Permit will be needed. In response to Commissioner Garcia,
Chair Kirkmeyer reiterated these signs will be utilized for six (6) months, and she stated the Board
instructed staff to identify appropriate locations for this temporary solution. Commissioner Rademacher
stated the reason the Board decided to allow this to occur for a six (6) month period is because it may
take that long for a commercial well to be approved. Commissioner Garcia thanked the Board for the
information. In response to Commissioner Conway, Ms. Carter stated the North Weld County, Central
Weld, and Little Thompson Water Districts provided a list of the hydrant locations they identified as
potential water loading sites. She stated the five (5) sites she has approved are all North Weld Water
District's hydrants, since the hydrants identified by the Central Weld and Little Thompson Water
Districts are located within more populated areas. She stated the Central Weld and Little Thompson
Water Districts are considering completing pipe extensions to allow additional hydrants in their areas;
therefore, she will be presenting more of these items of business as they identify acceptable locations
which meet the criteria. Ms. Carter reiterated the criteria are for the hydrant to be located in an area
without sight distance issues; an area not near residential homes; and an area with low-volume
roadways. She stated this situation will not be finalized today; however, the first step in the process is
identifying the five (5) initial locations which are approved by staff for use. She reiterated this will all
end as of January 30, 2012, at the end of the six (6) month period. Chair Kirkmeyer indicated she is
not willing to identify a loading zone on a public right-of-way if there is another one that can be utilized
in the same area. She stated she understands why it is difficult to identify locations to load water in
northeast Weld County; however, there should not be an issue in central or southern Weld County.
Commissioner Rademacher stated A and W is applying for a USR Permit near the Town of Grover and
it is waiting for a commercial well permit , and he inquired as to how long it has been in the process.
Mr. Jiricek clarified A and W has obtained its commercial well permit; however, it has not applied for a
USR Permit. He stated it seemed to take an extended period of time for A and W to receive its well
permit; however, he is unsure as to how long it took exactly. He stated one application has been
submitted for a USR Permit for a water loading facility, and staff is participating in lots of meetings and
phone calls to sort through and identify permanent locations for the company. In response to
Commissioner Conway, Ms. Carter confirmed the meter readers will be confined to these sites. There
being no further discussion, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 4 BETWEEN CRS 19 AND 21: Ms. Carter stated she is
making this request on behalf of Excel Energy, to close County Road 4, between County Roads 19
and 21, for a period commencing July 11, 2011, through July 22, 2011. She stated the residents and
local business owners have been notified of the closure, and the average daily traffic count for County
Road 4 is 26 vehicles, according to a traffic count taken in the year 2006. Commissioner Rademacher
moved to approve said temporary closure. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER 2011 HOMELAND SECURITY GRANT PROPOSALS AND AUTHORIZE CHAIR TO SIGN
ALL NECESSARY DOCUMENTS - NORTHEAST COLORADO ALL HAZARDS REGION: Roy Rudisill,
Director of the Office of Emergency Management, stated there are three (3) of these grant proposals
this year; one (1) from the Paramedic Service, one (1) from the Office of Emergency Management, and
Minutes, July 6, 2011 2011-1613
Page 5 BC0016
one (1) from the Sheriff's Office. He stated the Sheriff's Office is requesting to upgrade the ballistic
vests for the Special Weapons and Tactics (SWAT) Team, for $15,600.00. He stated the Office of
Emergency Management is requesting printers for the new identification card system, for $16,878.00;
and the Paramedic Service is requesting a trailer to assist with triage in disaster situations, for
$40,000.00. Mr. Rudisill indicated the grant proposals have already been submitted to the Northeast
Colorado All Hazards Region and it was determined the trailer will not be funded under the basic funds;
however, the other two (2) requests will be, and there are no competitive funds available this year.
Commissioner Conway moved to approve said grant proposals and authorize the Chair to sign all
necessary documents. Commissioner Garcia seconded the motion. Ms. Mika indicated it is being
verified that any printers purchased with grant funding are compatible with other County equipment and
that the printers do not require expensive ink cartridges. She stated she noticed the grant proposal
contains a statement that "Weld County will have the ability to support other agencies for ID cards,"and
this will need to be considered during the governance process, since it is difficult for Affiliated Computer
Services (ACS) to manage dividing its time among 32 municipalities and various fire departments.
Mr. Rudisill stated he spoke to Julie Jordan, ACS, to ensure the printers are compatible with the
software for the new identification cards. He stated ACS has been supporting the Fire Districts, and he
is aware ACS does not feel it should be their job to provide the identification cards for the various
municipalities and agencies within Weld County; therefore, the matter needs to be evaluated to
determine whether another Department should provide this service. Ms. Mika stated that is a policy
decision for the Board to make; however, she wants to make sure the project goes through governance
and that there is time allocated for the project for the year 2012. Mr. Rudisill stated the equipment will
likely not arrive until well into the year 2012. Chair Kirkmeyer stated she is unsure as to why this
project needs to go through the governance process, since she is not sure ACS will be the group which
will issue the identification cards, and she indicated there will likely be a work session to discuss the
matter. Mr. Rudisill indicated it is just important to verify that the proper equipment is being purchased,
whether or not the request needs to go through the governance process. There being no further
discussion, the motion carried unanimously.
CONSIDER ADOPTION OF WELD COUNTY EMERGENCY OPERATIONS PLAN, DATED JUNE,
2011: Mr. Rudisill stated he has been working on this plan for a long time, and it is a requirement of the
Colorado Disaster Act for each county to have an Emergency Operations Plan, and it is the Federal
Emergency Management Agency's (FEMA) recommendation that each community, organization, and
jurisdiction has an Emergency Operations Plan. He stated there have been several work sessions
about the Emergency Operations Plan and it is at the point where he feels he has a good product to
present to the Board which is consistent with the format of the State and Federal Emergency
Operations Plans. Chair Kirkmeyer commended Mr. Rudisill for working diligently on the Plan, and Ms.
Mika and Mr. Barker for reviewing it. Ms. Mika commended Esther Gesick, Deputy Clerk to the Board,
for proofreading and tweaking the Plan. Commissioner Garcia moved to approve the adoption of the
Weld County Emergency Operations plan, dated June, 2011. Commissioner Conway seconded the
motion, and he thanked Mr. Rudisill for his hard work and diligence. There being no further discussion,
the motion carried unanimously.
CONSIDER APPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Conway moved to appoint Sandra Bright to the Child Protection Citizen Review Panel, to replace John
Cordova, with a term to expire March 4, 2014. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH: Commissioner Garcia moved to
appoint Doug Printz and Barbara Murphy to the Board of Public Health, with terms to expire May 23,
2014. Seconded by Commissioner Rademacher, the motion carried unanimously.
Minutes, July 6, 2011 2011-1613
Page 6 BC0016
CONSIDER AGREEMENT FOR INTERNET SERVICES AND AUTHORIZE CHAIR TO SIGN -
COLORADO CODE PUBLISHING COMPANY: Mr. Barker indicated this is an agreement for
transitioning the Code to the internet, as opposed to publishing hard copies of it. He stated this
conversion will save the County money, and Weld County will be one of the first entities in the State to
make the transition to the Internet. He indicated he feels confident the Code can be updated more
regularly with this transition, and he believes changes approved by the Board will be in place on the
internet within 10 days. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Long, 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.
There being no further business, this meeting was adjourned at 9:56 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CO RADO
ATTEST:
• �• �►�'a ara Kirkmey , Chair
Weld County Clerk to the (.ar
1861 k BY:
I ,f ct( ean P Co Pro-Tem
Deputy Clerk to the Boar. ( T
`�' • m F. G- is
AP EDA • C
vid E. Long
ounty Attorney
Douglas R emacher
Minutes, July 6, 2011 2011-1613
Page 7 BC0016
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