HomeMy WebLinkAbout20111434.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 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, June 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 - EXCUSED
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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of June 1, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, indicated Mick Mizner, Weld County resident,
sent an e-mail to Commissioner Rademacher regarding a letter he was provided a copy of from the
County to the Forest Service. He stated the letter has good information; however, Mr. Mizner is looking
for a copy of a Memorandum of Agreement with the Forest Service. He stated the letter indicates the
adjacent landowners should have input in the decision making process as to when and if prescribed
burns occur on the Pawnee National Grassland, and this would involve notification of planned
prescribed burns to the adjacent landowners, listening to the property owners concerns and desires,
and allowing the property owners to have a veto power. Mr. Meyer stated the coordination workbook
indicates coordination is stronger than cooperation or consultation; however, it is not supremacy, and it
does not carry with it any type of veto or control over Federal management. He stated coordination
authorizes local government to come to the negotiating table on an equal basis with the Federal
management agency, which has the obligation to use good faith in trying to resolve conflicts between
local and Federal policies and plans. He stated a veto power would give a supreme position to the
local government concerning the management of Federal lands, and the local governments and private
property owners cannot place themselves in a supreme position.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
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PRESENTATIONS:
GREELEY INDEPENDENCE STAMPEDE PROCLAMATION FOR 2011: Ron Wildeman, Greeley
Stampede General Chairman, read the proclamation into the record, recognizing Weld County for its
support.
Bill Ogg, Executive Director of the Greeley Stampede, presented program information and belt buckles
to each of the Commissioners. Commissioner Conway commended the Greeley Stampede volunteers,
and he stated the Greeley Stampede is a wonderful community celebration. He thanked the Greeley
Stampede Committee for its hard work, and he stated the Greeley Stampede has been one of the
preeminent events in Weld County. He stated the Greeley Stampede is a year-long endeavor,
involving a great deal of man hours. Commissioner Garcia stated there will be some new items this
year, including an alligator show. Commissioner Rademacher concurred with Commissioners Conway
and Garcia, and wished Mr. Ogg good luck. Chair Kirkmeyer thanked the Greeley Stampede for
contributing to Weld County's 150th year celebration, and she stated one of the goals in the Economic
Development Plan is to boost and enhance the appeal of Weld County, and there is no better attraction
in Weld County than the Greeley Independence Stampede.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #B1100087, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Monica Mika, Director of Finance and Administration, stated three (3) vendors
submitted bid proposals, and she recommends a work session be held prior to when the bid is
presented for approval on June 20, 2011.
APPROVE BID #61100071, SENIOR NUTRITION PROGRAM/MEAL DELIVERY SERVICES -
DEPARTMENT OF HUMAN SERVICES, AREA AGENCY ON AGING: Ms. Mika stated a work session
was conducted to discuss this bid, and the Department of Human Services has verified the one (1)
vendor that submitted a bid proposal can meet the intent and requirements of the bid. She
recommended approval of the bid proposal from The Greeley Gopher.
Judy Griego, Director, Department of Human Services, stated this is a good direction for the
Department to take with meal delivery and she recommends approval. In response to Chair Kirkmeyer,
Ms. Griego stated the option to extend the agreement will be made by the Board each year. Ms. Mika
indicated the agreement associated with this bid is listed as the first item of new business the Board will
consider today. Commissioner Rademacher moved to approve the sole bid from The Greeley Gopher,
based on staff's recommendation. Seconded by Commissioner Garcia, the motion carried
unanimously.
APPROVE BID #B1100076, TEN (10) LEASED MOTORGRADERS - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated the Department of Public Works has reviewed this bid and it recommends
the Board approve the low bid from Wagner Equipment for a 36-month lease for 10 motorgraders.
Commissioner Rademacher moved to approve the low bid from Wagner Equipment, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
APPROVE BID #B1100078, PAVEMENT TESTING AND DESIGN SERVICES - DEPARTMENT OF
PUBLIC WORK: Ms. Mika stated the Board had a question about the variability in cost when this bid
was presented, and the Department of Public Works has indicated there is a great variability in the
reporting criteria. She stated the Department has worked with the vendor which submitted the low bid
before and this may be a situation where the cost difference is attributed to the low bidder
understanding the County's needs, and it has been verified that the low bidder understands the bid
specifications. She suggested the Board may want to require a mandatory rebid for these services
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periodically. Ms. Mika recommended the Board approve the low bid, since the vendor has
demonstrated good service in past.
Pat Persichino, Director, Department of Public Works, stated he personally reviewed the bid proposals
and if the quality based selection process would have been utilized, the highest bid would have been
the first one considered. He stated the company which submitted the lowest bid has local employees,
and it has provided data for a three (3) year period. Commissioner Conway moved to approve the low
bid from Ground Engineering Consultants, Inc., based on staff's recommendation. Seconded by
Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN -
COMMISSION NOW, LLC, DBA THE GREELEY GOPHER: Ms. Griego indicated this is the agreement
resulting from the bid the Board just approved for meal delivery services. She stated The Greeley
Gopher will deliver Senior Nutrition meals, administrative items, meal site supplies, and locked
moneybags to various senior centers, community centers, and senior housing complexes. She stated
the amount of the agreement is $6,480.00 per month, and the charges will be based on the time
actually spent performing the services; however, additional compensation in the amount of $1.80 per
mile may be included if a change in service is required. Ms. Griego stated the agreement will
commence July 1, 2011, and end July 1, 2012, with an option to extend up to three (3) years. In
response to Commissioner Garcia, Ms. Griego clarified a change of service will occur if a Senior
Nutrition site changes locations. Commissioner Garcia moved to approve said agreement and
authorize Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER AMENDMENT #2 TO TASK ORDER CONTRACT FOR AIR QUALITY PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Trevor Jiricek, Department of Public Health and Environment,
indicated the amendment will allow the Department to operate an air quality monitoring network
(particulate and gaseous), conduct inspections, and provide enforcement guidance concerning
stationary sources, issue or deny open burning complains, and respond to complaints. He stated the
amendment is for an amount not to exceed $102,292.70, and it was discussed with the Board last
Wednesday. In response to Commissioner Conway, Mr. Jiricek indicated the amendment will allow the
Department to utilize a new monitoring station located in the Town of Platteville. Commissioner
Conway indicated he mentioned the tower to an attorney from the Air Quality Control Commission while
they were attending a Metropolitan Planning Organization (MPO) meeting, and the attorney knew
nothing about the tower or its purpose; therefore, the Air Quality Control Commission is not in sync with
the Colorado Department of Public Health and Environment. He stated the attorney indicated he will
obtain information about the tower and provide it to him, and there will be a work session at some point
to discuss the intent of the tower. Commissioner Conway moved to approve said amendment and
authorize the Chair to sign. Commissioner Garcia seconded the motion. Chair Kirkmeyer stated the
original task order contract for this item commenced in the year 2007, and she inquired as to whether
there will be a new contract next year. Mr. Jiricek stated he believes the contracts are for five (5) year
terms; therefore, this contract should expire this year. There being no further discussion, the motion
carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 64 BETWEEN U.S. HIGHWAY 85 AND 7TH AVENUE:
Janet Carter, Department of Public Works, stated said closure will commence June 13, 2011, through
June 17, 2011, in order to replace a culvert. She stated the detour route will be entirely paved, and the
closure will be coordinated with the Union Pacific Railroad closures for work on railroad crossings along
U.S. Highway 85. She stated road signs and barricades will be utilized throughout the closure.
Commissioner Rademacher moved to approve said temporary closure. Commissioner Conway
seconded the motion and commended Ms. Carter for going above and beyond the call of duty when
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some glitches arose at a recent MPO meeting. There being no further discussion, the motion carried
unanimously.
CONSIDER CONTRACT FOR VICTIM WITNESS ASSISTANCE PROGRAM AND AUTHORIZE
CHAIR TO SIGN - VICTIM'S ASSISTANCE AND LAW ENFORCEMENT (VALE) BOARD: JoAnn
Holden, District Attorney's Office, stated the Office applies for this grant yearly, and the VALE Board is
awarding $119,000.00 this year. She stated there are no matching funds required from the County,
and the term of the contract is July 1, 2011, through June 30, 2012. Commissioner Conway moved to
approve said contract and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
CONSIDER AMENDED AND RESTATED MANAGED PHARMACY BENEFIT SERVICES
AGREEMENT FOR CONSUMER CARD PROGRAM AND AUTHORIZE CHAIR TO SIGN -
CAREMARKPCS HEALTH, LP: Patti Russell, Director, Department of Human Resources, indicated
this agreement is through the National Association of Counties (NACo) for a prescription drug program.
She stated Bruce Barker, County Attorney, has reviewed the agreement and spoken to the other
counties in the program about how it works. In response to Commissioner Conway, Ms. Russell
confirmed the contract will continue to renew for as long as Weld County remains a member of NACo.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Rademacher, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO WITHDRAW APPLICATION FOR USR PERMIT #1642 - GUARANTY
BANK AND TRUST COMPANY, DBA LUCERNE COMMONS, LLC, C/O WES SARGENT: Chris
Gathman, Department of Planning Services, stated this site is located north of, and adjacent to, State
Highway 392; east of, and adjacent to, County Road 39; and just outside of the Town of Lucerne. He
stated the owners have scaled back and will only be using the buildings for agricultural uses that are a
Use by Right. Chair Kirkmeyer inquired as to how the Board can withdraw an application for a Use by
Special Review (USR) Permit which has already been approved, and whether the USR Permit should
be vacated instead. Mr. Gathman stated the application for the USR Permit was approved by the
Board; however, the applicants did not record the plat. Mr. Barker stated the County has followed this
procedure before, and the USR Permit application is not perfected until all of the Conditions of Approval
have been met, including recording the plat. He stated the USR Permit does not need to be vacated
since the USR Permit application process was not completed, and he will include the information in the
Resolution. Commissioner Conway inquired as to whether there was a deadline for the Conditions of
Approval to be met by, and whether a time-frame can be provided for the applicants to continue to work
on completing the Conditions of Approval. Mr. Gathman confirmed there were deadlines for meeting
the Conditions of Approval, which are long overdue. He stated there have been issues with some of
the uses for the buildings requiring building permits, and there were some Building Code issues;
however, those issues will no longer be a problem with the withdrawal of the application. He stated he
has called and emailed the applicants to make sure this is the route they want to pursue. In response
to Commissioner Rademacher, Mr. Gathman confirmed the applicants will lose their application fee.
Commissioner Conway stated the applicants are making this decision out of frustration, more than a
lack of a desire to move forward. No representatives for the applicants were present. Chair Kirkmeyer
stated the applicants had the opportunity to attend the hearing and make their comments on the record;
however, they have chosen not to. In response to Chair Kirkmeyer, Mr. Barker clarified the withdrawal
is at the request of the applicant; however, the information that the Conditions of Approval have not
been met, including recording the plat, should be included in the Resolution. Chair Kirkmeyer indicated
that she believed cases in this type of a situation where the plat has not been recorded have been
vacated by the Board in the past, as opposed to being withdrawn. Commissioner Conway stated those
cases were not vacated; however, staff has been working through its backlog and it will be presenting
those to the Board on June 13, 2011, Mr. Gathman clarified the cases staff has been working on are
Minutes, June 6, 2011 2011-1434
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Recorded Exemptions, as opposed to USR Permits. Chair Kirkmeyer stated she simply wants to make
sure the Board is being consistent with when a vacation is processed, versus withdrawing an
application. Mr. Barker indicated a procedure needs to be established for situations where the
applicants have abandoned the project and do not respond to staff, since a vacation is not appropriate,
and there is not a request for withdrawal. He stated the established procedure will be for the Board to
make a determination that the Conditions of Approval have not been met. In response to
Commissioner Conway, Mr. Gathman confirmed the applicants submitted a letter to staff requesting a
withdrawal in this situation. Commissioner Garcia moved to approve said request to withdraw the
application for USR Permit #1642, and to amend the Resolution to add the language about the
Conditions of Approval not being met. Seconded by Commissioner Rademacher, the motion carried
unanimously.
CONSIDER VACATION OF USR PERMIT #1104 - GUY GRIGSBY AND AMY FIELING: Michelle
Martin, Department of Planning Services, stated staff received a letter from Guy Grigsby and Amy
Fieling, requesting the vacation of USR Permit #1104, dated May 25, 2011. She stated the reason the
vacation is being requested is that Recorded Exemption #5065 has satisfied the condition of the
USR Permit. She stated the USR Permit was approved by the Board on February 21, 1996, for a
single family dwelling unit on a lot smaller than the minimum lot size in the A (Agricultural) Zone District.
In response to Commissioner Garcia, Ms. Martin confirmed this was the second request made by the
applicants to vacate this USR Permit. She stated when the applicants applied for their first Recorded
Exemption, they requested that USR Permit #1104 be vacated; however, the request was not followed
through by staff. No representatives of Guy Grigsby or Amy Fieling were present. Commissioner
Conway moved to vacate USR Permit #1104. Commissioner Garcia seconded the motion.
Commissioner Conway commended staff for all the work the Department of Planning Services has
completed regarding the incomplete Recorded Exemptions the Board will be considering on June 13,
2011. There being no further discussion, 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 6, 2011 2011-1434
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
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WELD COUNTY, COL ADO
ATTEST: s, ' : , :I a/ Q- 0 A—
arbara Kirkmeyer, .,hair
Weld County Clerk to the :: .�( �i0 ( P �
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/� ( `; Rle Sean P. Con y, Pro-Tem
BY: l E7��1O� GCY Sew
Deputy Clerk to the Board � t�/�i�? -i
William F. Ga a
APPROVED A F EXCUSED
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David E. Lon
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Minutes, June 6, 2011 2011-1434
Page 6 BC0016
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