HomeMy WebLinkAbout20110791.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 23, 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, March 23, 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of March 21, 2011, as printed. Commissioner Long seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add New Items of Business
#5) Consider Expression of Support for Congressional Redistricting Plan that Keeps Weld County
Whole [2011-0794], and #6) Consider Funding Approval and Grant Agreement for Neighborhood
Stabilization Program (Phase 3 Fort Lupton) and authorize Chair to sign [2011-0795]; and add the
following item to the Consent Agenda, under Miscellaneous, #5) Amendment #5 to Operating
Agreement — ARAMARK Correctional Services, LLC [2011-0798]. Seconded by Commissioner
Conway, the motion carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS — BETTY HATFIELD: Chair
Kirkmeyer read the certificate into the record, recognizing Betty Hatfield for nine (9) years of service
with the Department of Public Works, and she presented the certificate to Ms. Hatfield.
Pat Persichino, Director, Department of Public Works, presented Ms. Hatfield with a retirement pin, and
he stated Ms. Hatfield did a great job working as the grader operator at the Kersey grader station, and
she will be missed.
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Mel Everhart, Department of Public Works, stated Ms. Hatfield worked hard and took to heart serving
the people in her zone
Ms. Hatfield stated she enjoyed the job; however, she is ready to retire and travel.
Commissioner Conway thanked Ms. Hatfield for her service and he stated Weld County is a great place
to work and live because of people like her.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated House Bill 1082, the
Emissions Bill, is going before the Senate Agriculture Committee tomorrow, at 1:30 p.m., and he invited
the public to attend the hearing or send e-mails to the Senators on the Agriculture Committee, in order
to express their support.
Commissioner Conway stated he and the Mayor of Frederick, Eric Doering, will be meeting with
Congressman Jared Polis tomorrow, in order to educate him on the Northern Integrated Supply
Project (NISP) and to seek his support.
Commissioner Conway stated the final Economic Development Assessment meeting was conducted in
the City of Fort Lupton last night, and it was well-attended. He stated the results of those meetings will
be posted on the webpage by the end of next week, and the next step of the process will be meeting
with Larimer County to develop a Region 2 Assessment for the Governor.
BIDS:
APPROVE BID #61100042, SECURITY SERVICES FOR COURTHOUSE (WEST COURTS) AND
CENTENNIAL CENTER BUILDINGS - SHERIFF'S OFFICE: Monica Mika, Director of Finance and
Administration, indicated the Sheriff's Office completed an extensive review of the six (6) bid proposals
which were submitted. She indicated the bid proposals were evaluated with three (3) specific criteria;
pricing, qualifications, and functional compatibility. She stated staff contacted the references provided
by the vendors, and considered the proven ability of the potential vendors to be able to provide the full
scope of security and to meet the specific needs of the courts. She stated the vendors which submitted
the two (2) lowest bid proposals did not meet the fundamental requirements for specific qualifications
and proven abilities; therefore, staff recommends approval of the third lowest bid from
SOS Security, Inc.
Sterling Geesaman, Weld County Sheriff's Office, stated he and Matt Bridges, Weld County Sheriff's
Office, evaluated the bid proposals and contacted the references, and based on what was discovered,
they determined SOS Security, Inc., submitted the lowest bid which meets all the requirements. He
stated SOS Security, Inc., has a proven track record, and it has provided quality service to Weld County
in the past.
Jonathan Stanley, Allied Barton Security Services, requested to review the bid tabulations, and he
stated at the bid opening his company submitted the second lowest bid proposal. He stated Allied
Barton Security Services is a national company, with 55,000 employees, and it provides service to court
houses across the United States, including a contract in New York for 40 million annually. In response
to Commissioner Conway, Mr. Stanley stated his company provided several City and County
references to the Sheriff's Office, as well as a local reference with similar screening requirements.
Further responding to Commissioner Conway, Mr. Stanley stated his company is not providing security
to any counties in Colorado at this time. In response to Commissioner Conway, Mr. Geesaman stated
the references contacted for Allied Barton Security Services would not comment on what type of
services were provided, other than University Hospital; therefore, staff was not able to confirm the
Minutes, March 23, 2011 2011-0791
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company has experience in courthouse security screening. Mr. Stanley stated the last company which
provided security for the County was Veterans Securing America and one of the reasons the contract
was terminated early was that a lack of services being provided to the security officers led to a
significant turnover in staff and a sub-par quality of security officers. He indicated SOS Security, Inc.,
provides its security officers low wages and it does not provide health benefits. He further stated Allied
Barton Security Services provides higher wages to its security officers than SOS Security, Inc., and it
provides medical benefits to the officers and account managers. Mr. Stanley stated Allied Barton
Security Services would also provide security for a lower cost than SOS Security, Inc. Commissioner
Rademacher moved to approve the bid from SOS Security, Inc., based on staff's recommendation.
Commissioner Garcia seconded the motion. Commissioner Conway stated he will support the motion
based on staff's recommendation, and the track record the County has with the vendor. He stated
SOS Security, Inc., previously provided security services for the County and he is confident its service
is up to par. He stated there is also a substantial difference between the proposed yearly cost
increases for each company. Chair Kirkmeyer stated she will be supporting the motion because
SOS Security, Inc., is the low bidder from the companies which met the bid qualifications. There being
no further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 22 BETWEEN CR 31 AND U.S. HIGHWAY 85: Janet
Carter, Department of Public Works, stated said closure will commence April 4, 2011, through April 15,
2011, in order to replace two (2) culverts, which needs to be completed prior to a maintenance overlay
project for this section of roadway. She stated the average daily traffic count for County Road 22 is
1,209 vehicle trips per day, according to a count completed in the year 2009, and this is different from
what was indicated in the document submitted to the Board. She stated magnesium chloride will be
used for dust control on the gravel portions of the detour route, message boards will be utilized in
advance of the closure, and road signs and barricades will be utilized throughout the closure.
Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner
Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR RELOCATION OF ELECTRICAL FACILITIES AND AUTHORIZE
CHAIR TO SIGN - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION: Mike Bedell, Department
of Public Works, stated this agreement is related to existing overhead electrical facilities near County
Roads 54 and 49, where the County is preparing to commence a road construction project. He stated
the project design has identified the facilities for relocation, and Poudre Valley Rural Electric
Association (REA) owns private easements adjacent to the County right-of-way; therefore, it is the
County's responsibility to assist in paying the cost to relocate the facilities. He stated this is a standard
agreement. In response to Commissioner Rademacher, Mr. Bedell confirmed the amount of $6,240.00
is the County's portion of the cost; and the cost is to remove a pole from the construction path, install
four (4) new poles, and adjust the wires. In response to Chair Kirkmeyer, Mr. Bedell clarified the
Poudre Valley REA is not within the County's right-of-way; there is a strip of private easement it
acquired and placed its facilities within. He stated Poudre Valley REA often purchases adjacent private
easements for its facilities which are located adjacent to the County's rights-of-way, and this same
situation occurred with County Road 13 approximately a year ago. Responding to Chair Kirkmeyer,
Mr. Bedell stated there are no setback requirements for the utilities from the County rights-of-way. He
stated the utilities can be placed in the rights-of-way, in which case, if the utilities need to be relocated,
it is at the expense of the utility company, or the utility companies can place facilities outside of the
County rights-of-way wherever they choose by purchasing private easements. In response to
Commissioner Conway, Mr. Bedell stated in order for Poudre Valley REA to be able to charge more
than the estimate, it would have to submit a change order, which would be presented to the Board for
approval; however, the cost rarely exceeds the estimate. Chair Kirkmeyer stated the agreement
indicates if the cost exceeds the estimate, the County will pay all the cost upon completion of the
relocation; however, if it is less than the estimate, the remaining amount will be returned to the County.
Minutes, March 23, 2011 2011-0791
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She stated if the Board approves the agreement, the County agrees to pay for all costs upon
completion of the relocation; therefore, it would not be brought back before the Board. Mr. Bedell
stated perhaps he should add language to the agreement to indicate a change order will be required for
any cost exceeding the estimate, to reflect the practice the Department follows. Mr. Barker stated the
County has approved this type of agreement for years, and typically the cost estimate is slightly higher
than the actual cost; therefore, he does not foresee a problem. In response to Commissioner Conway,
Mr. Barker confirmed he is not concerned about the Board approving this agreement. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
CONSIDER AMENDMENT #1 TO AGREEMENT FOR CONSTRUCTION OF ONE (1) COMPRESSED
NATURAL GAS FUELING STATION WITHIN NORTH FRONT RANGE METROPOLITAN
ORGANIZATION REGION AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of
Public Works, stated this is an amendment to the agreement the Board approved with the Colorado
Department of Transportation (CDOT) in January, 2011, which was executed on March 2, 2011. She
stated the amendment will clarify the funds will be used for Weld County's fuel site; whereas, the scope
of work previously indicated the north front range. In response to Commissioner Conway, Chair
Kirkmeyer clarified this amendment is regarding funding which was previously received. Ms. Relford
stated $489,000.00 was awarded for this project. Chair Kirkmeyer stated two (2) years ago the County
also received funding from the North Front Range Metropolitan Planning Organization (MPO).
Ms. Relford stated the County will be providing a cash match for the funding for this agreement. In
response to Commissioner Conway, Ms. Relford stated these are Fiscal Year 2010 funds. Responding
to Commissioner Conway, Chair Kirkmeyer stated the funding the North Range MPO approved last
month will not be available until July, 2012, and there is not an agreement in place yet for those funds.
Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY FROM WELD COUNTY,
COLORADO, TO THE TOWN OF WINDSOR AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated
this is a request from the Town of Windsor to deed a right-of-way to it, which is located within the
Coons Subdivision. He stated the Board has indicated it has remaining questions for the Town
concerning this matter. Commissioner Conway moved to continue the matter to April 13, 2011.
Commissioner Garcia seconded the motion, which carried unanimously.
CONSIDER EXPRESSION OF SUPPORT FOR CONGRESSIONAL REDISTRICTING PLAN THAT
KEEPS WELD COUNTY WHOLE: Commissioner Conway moved to approve the Expression of
Support for the Congressional Redistricting Plan that keeps Weld County whole. Commissioner
Rademacher seconded the motion. Commissioner Conway stated this is a Congressional redistricting
period and the legislature has appointed a Bipartisan Redistricting Commission, which is receiving input
on how to proceed on a Redistricting Bill until March 31, 2011, and citizens have indicated a desire for
Weld County to be wholly within one (1) Congressional District. He stated both the Democratic
Chairman and the Republican Chairwoman testified that they desire to make sure any redistricting plan
allows Weld County to remain whole. He stated Weld County was within one (1) Congressional District
for decades, until approximately 10 years ago. Commissioner Conway stated Weld County is the
largest agricultural County in the State, and one of the largest in the nation; and this is the Board's
opportunity to express its desire, and its citizens' desires, that Weld County remain whole. Chair
Kirkmeyer stated she lives in Congressional District 2 and previously lived in Congressional District 4,
and she would like her area to be included in the same District as the rest of Weld County again. She
stated Congressional District 2 includes Gilpin, Summit, Boulder, Clear Creek, Jefferson, and Eagle
Counties, which her portion of Weld County does not have near as much in common with as it does
with the rest of Weld County; therefore, she whole-heartedly supports the Resolution. There being no
further discussion, the motion carried unanimously.
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CONSIDER FUNDING APPROVAL AND GRANT AGREEMENT FOR NEIGHBORHOOD
STABILIZATION PROGRAM (PHASE 3 FORT LUPTON) AND AUTHORIZE CHAIR TO SIGN: Tom
Teixeira, Greeley Housing Authority, stated this is a grant from the Department of Housing and Urban
Development (HUD), which will provide $1,000,000.00 to Weld County, a portion of which will be
provided to the City of Fort Lupton, in order to purchase eight (8) houses which have been abandoned
or are in foreclosure. He stated the houses will be rehabilitated and either sold or rented, and the
houses must be rehabilitated within three (3) years. Ms. Mika stated the Board has been provided with
information, dated March 15, 2011, from HUD, which ratifies the Department has approved the
County's Abbreviated Action Plan for Neighborhood Stabilization Program 3. She stated Mr. Teixeira
worked hard to obtain the letter, and it will be retained for future reference. Commissioner Garcia
thanked Mr. Teixeira for working with the City of Fort Lupton, and Commissioner Conway concurred. In
response to Commissioner Conway, Mr. Teixeira confirmed there is no County cash match required for
this grant funding. Chair Kirkmeyer thanked Mr. Teixeira for working with Fort Lupton, and she stated
representatives from the Town have indicated they are excited about partnering with Weld County on
this project. Commissioner Garcia moved to approve the funding approval and grant agreement, and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO DELETE DEVELOPMENT STANDARD #12 FOR USR #1479, FRED AND
CAROL LEY: Chris Gathman, Department of Planning Services, stated this is a request to waive
Development Standard #12 for Use by Special Review (USR) Permit #1479. He stated USR #1479
allowed a second single family dwelling unit to be placed on a single lot, and it was approved by the
Board in the year 2004. He stated the existing residence was constructed in the year 1900 and a
mobile home was subsequently placed on the property, which is where the property owner's daughter
resides. He stated Development Standard #12 states, "The applicant shall apply for a Recorded
Exemption for a second home within 60 days from September 23, 2007, and the USR shall be
vacated." Mr. Gathman stated the property owner's daughter is in the process of applying for a Class
Home Occupation Permit for a Daycare Facility, which is how the matter was brought to staff's
attention. He stated there are not many USR Permits for second dwelling units which contain this
provision requiring a Recorded Exemption; therefore, staff supports the request, and the removal of the
Development Standard will not result in any physical change to the property, since the two (2) homes
will remain on the property in either circumstance.
Carol and Fred Ley, property owners, and Dana White, daughter of the property owners, indicated their
presence at the hearing. Ms. Ley stated when they first applied for the USR Permit, she inquired as to
why one (1) acre needed to be exempted, and Commissioner Jerke indicated it would increase the
property value; however, she is not interested in increasing the property value. She stated the second
residence was added solely for her daughter and her family to live there. She stated there is only
one (1) water tap on the property, which they were always upfront about, and the water company has
no issue with it. Ms. Ley stated even if she and her husband need to exempt the one (1) acre, it will
remain in their names, since they have four (4) children and it would not be fair to place one (1) acre of
land in one (1) child's name. Chair Kirkmeyer provided the opportunity for public testimony; however,
none was given. Commissioner Conway moved to delete Development Standard #12 from
USR Permit#1479. Seconded by Commissioner Garcia, 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, March 23, 2011 2011-0791
Page 5 BC0016
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: ,�• � :' �� 14 a - lI j 0A--
rbara Kirkmeyer Chair r
Weld County Clerk t , e =�
Sean P. C ay, Pro-Tem
BY: .�\ ��
Deputy Clerk to the = ,.�y;
mF. Ga is
APpROV- A • a �,
David E. Long
�1! y 'torney - c
Doug s Radem cher
Minutes, March 23, 2011 2011-0791
Page 6 BC0016
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