HomeMy WebLinkAbout20100983.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 10, 2010
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, May 10, 2010, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 5, 2010, as printed. Commissioner Garcia seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on May 5, 2010, as follows: 1) USR #1719 — Mary Ann Plonka. Commissioner
Conway seconded the motion, which carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinance #2010-5 by
tape. 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 Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #B1000090, SECURITY FOR COURTHOUSE, COURTS WEST, AND CENTENNIAL
CENTER - SHERIFF'S OFFICE (CON'T FROM 5/3/10): Monica Mika, Director of Finance and
Administration, stated nine vendors submitted bids for this item, and the Sheriff's Office has invested a
lot of time to review the resources and best possible fit for Weld County. She noted initially there was
some concern as to whether all of the vendors had adequate insurance; however, that issue has been
addressed. She further stated staff also reviewed the cost and, although she believes the low bid does
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meet the minimum cost, she believes there should also be discussion concerning whether it meets the
other criteria to ensure the quality expectations of the County are met. Ms. Mika stated the Sheriff's
Office recommends acceptance of the third low bid from Wackenhut, based on consistency and quality
expectations. Chair Rademacher stated the remaining bid amounts were relatively comparable, with
the low bid being significantly less; therefore, he wants to ensure the bids are compared equally.
Mason Powell, Fort Collins Branch Manager for Securitas Security Services USA, stated their company
has been in northern Colorado for more than ten years, with 30 officers currently in Weld County, and
18 licensed officers in Greeley. He stated they are one of the largest guard companies in the Country,
and they have branch offices in Aurora, Colorado Springs, and Fort Collins, Colorado.
Dorothy Roth, General Manager, John [inaudible], Operations Manager, and Kara Plunder, Director of
Business Development, introduced themselves as representatives of Wackenhut Corporation, Colorado
Division, and submitted a packet of information, marked Exhibit A. Ms. Roth stated Wackenhut
employs approximately 680 individuals state-wide, specializing in Court services, with ten (10) contracts
in Colorado. She stated new employees are provided with training specific to Wackenhut's standards,
as well as the expectations of the customers. Ms. Plunder stated they provide both armed and
unarmed guards, and they know the Weld County Court system well, as they have several accounts
within Greeley and the surrounding area. Chair Rademacher confirmed no representatives were
present from 1st Class Security, Inc., or U.S. Security Associates, Inc.
In response to Commissioner Garcia, Jeff Bosworth, Vets Securing America, Inc., explained throughout
the Corporation they employee an average of eighty percent (80%) veterans. He stated they are
currently expanding into the Colorado area, which is the primary reason their bid is so much lower than
the competitors. He stated the main office is in Texas where they have approximately 100 employees,
as well as 100 employees in New York. He stated they were recently awarded the contract with the
Fort Collins Police Department to provide armed security, and he explained he was employed with the
previous security firm, and Vets Security America hired the existing staff when they received the
contract and provided them with a raise. Responding further to Commissioner Garcia, Mr. Bosworth
explained they do give hiring preference to veterans, not just military police, since they are pre-trained
through the U.S. Military. He further stated the goal is to provide the current court security staff an
opportunity to obtain the jobs, and then they would give first preference to local veterans, and they can
provide on-line training, as well as hands-on experience. Responding to Chair Rademacher,
Mr. Bosworth stated the regional office is based in Fort Collins and he is the area supervisor. He
explained he serves as a floating officer, and although there will be a full-time on-site supervisor; he
intends to also be on-site to ensure a smooth transition. In response to Chair Rademacher,
Mr. Bosworth reiterated there will be a designated site supervisor for Weld County, in addition to
himself and the supervisor serving with the Fort Collins Police. Responding to Commissioner Conway,
Mr. Bosworth indicated there are 100 employees with the Texas division, as well as 100 individuals in
New York. He acknowledged there is a short three-week turnaround time for this contract; however,
they intend to have pre-trained corporate office staff working while the local staff and new employees
complete their training. Mr. Bosworth indicated he is confident they will be able to meet the start-up
date of June 1, 2010, with fully staffed facilities. He stated the remaining positions should be easy to fill
at the offered salary due to the tough job market.
Commissioner Conway expressed concern with the large price range and short turnaround time, as
well as the fact that the other bidders have a larger staff base; however, he acknowledged the
substantial cost savings to the County. Commissioner Garcia stated he shares those concerns;
however, some confidence may be gained with the understanding that they intend to hire the existing
staff that are already trained to provide security at the Sheriff's Office and Court facilities. Chair
Rademacher indicated he wants to ensure the services are comparable, that they meet the
requirements, and that the Sheriff's Office is confident they can make the transition work.
Minutes, May 10, 2010 2010-0983
Page 2 BC0016
At the request of the Board, Sterling Geesaman and Matt Bridges, Sheriff's Office, were present to
answer questions. In response to Chair Rademacher, Mr. Geesaman stated he is confident they can
make the transition work if the existing staff is hired. He stated the staff commanders are prepared to
offer guidance and wisdom, and at this time his only reservation is whether they can hire the remaining
staff positions promptly. Mr. Bridges agreed and indicated the three-week turnaround is a very short
time if they are faced with hiring and training a new staff regarding the special needs of courthouse
security.
In response to Chair Rademacher, Ms. Mika stated the contract does not include a penalty for failure to
commence; however, if they fail to meet the terms of the contract, there is a 30-day notice provision
prior to terminating the contract. Responding further to Chair Rademacher, Ms. Mika agreed that it
would be appropriate to require a status report one week prior to startup.
Commissioner Garcia moved to approve the low bid from Vets Securing America, Inc., with instruction
to the vendor to provide a status report one week prior to the June 1, 2010, deadline. The motion was
seconded by Commissioner Conway, who stated the Board will be making some tough budget
decisions in the coming year, and he urged the low bidder to take the status report very seriously, as he
will be watching the progress very closely. Commissioner Conway stated he appreciates the policy of
hiring a large percentage of veterans, since there is a large veteran population and a nine percent (9%)
unemployment rate in Weld County. Commissioner Garcia noted the Commissioners' Office is in very
close proximity to the operations of the Court security and it is very easy to receive complaints if
situations are not handled appropriately. There being no further discussion, the motion carried
unanimously.
APPROVE BID #61000088, BOILER REPLACEMENT IN JAIL - DEPARTMENT OF BUILDINGS AND
GROUNDS: Ms. Mika stated this project is part of the American Recovery and Reinvestment Act
(ARRA) projects for energy efficiency throughout Weld County. She stated the Department of Buildings
and Grounds is recommending approval of the low bid from CMS Mechanical Services, Inc., in the
amount of $181,854.63. Commissioner Conway moved to approve said low bid from CMS Mechanical
Services, Inc., based on staff's recommendation. Seconded by Commissioner Garcia, the motion
carried unanimously. Commissioner Conway noted he is also pleased to award this to a local vendor.
NEW BUSINESS:
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - DIRECTV, INC.: Christopher
Woodruff, Assessor, stated this petition deals with a series of leased personal property accounts on
satellite providers. He stated in 2005 and 2006, there was an issue concerning Echo Star and the
valuation of top set boxes, and following the decision of the Court of Appeals, the Property Tax
Administrator modified the manuals to indicate that top set boxes are distinct from the system, and
since their installed cost was less than $250.00, they fall under the consumable exemption.
Mr. Woodruff stated his office adjusted all of the accounts for EchoStar and now its competitor, Direct
TV, is appealing on the same basis. He reviewed the corrected assessed value and Commissioner
Conway moved to approve said tax refund in the amount of $15,101.55, for Tax Year 2007.
Commissioner Garcia seconded the motion, which carried unanimously. Upon review of the corrected
assessed value, Commissioner Garcia moved to approve said tax refund in the amount of $24,607.84
for Tax Year 2008. Commissioner Conway seconded the motion, which carried unanimously. Mr.
Woodruff reviewed the corrected assessed value and Commissioner Garcia moved to approve said tax
refund, in the amount of $16,094.20 for Tax Year 2009. Seconded by Commissioner Conway, the
motion carried unanimously.
Minutes, May 10, 2010 2010-0983
Page 3 BC0016
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - HOLLAND REAL ESTATE,
LLC: Mr. Woodruff stated this is a request for abatement of values for 2007 and 2008, concerning the
Golden Corral restaurant on 23rd Avenue in Greeley, Colorado. He stated the tax representatives for
the subject property are claiming the County set the value in error, and that it should have been
$484,165.00. Mr. Woodruff stated this is a commercial property, and in 2007/2008, they were required
to use comparable data from 2005 and the first half of 2006. He stated the agent provided data
concerning the Rafferty's restaurant and a property in Lucerne, Colorado, both of which were not
accurate comparables. He stated staff reviewed the property using the Cost approach, Sales
approach, and Income approach. He stated the subject property has been valued at $120.00 per
square foot, including the land and property. In using the Cost Approach the value was $146.88 per
square foot, and with the Sales approach they compared the site to similar properties from the last five
years and came to a value of$145.00 per square foot. Lastly, they assessed the site using the Income
approach, which averaged $115.00 per square foot, and when averaging the three approaches
together they yielded a value of $120.00 per square foot. Based on the three approach review,
Mr. Woodruff stated staff recommends denial. No public testimony was offered concerning this matter.
Commissioner Garcia moved to deny said petition, based on staff's recommendation. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - UNION COLONY BANK, C/O
DOWNEY AND MURRAY, LLC: Mr. Woodruff reiterated that in 2007 and 2008 the Assessor's Office
was required to use data from 2005 and the first half of 2006. He stated the tax agent submitted a fax
today which alleges the value should be $820,000.00 for the building constructed in 2001. He stated
the Cost approach indicates a value of $235.00 per square foot, or $1.345 million. He further stated
they reviewed the Sales Comparison approach and there was only one similar bank sale, as well as
some high-end office sales, with an average comparable price of $185.00 per square foot. Lastly, they
reviewed the Income approach for banks in Greeley, which he reviewed for the record, for a value of
$175.00 per square foot. Based on their research, and the lack of additional information from the
petition supporting abatement, staff recommends denial of the petition. No public testimony was
offered concerning this matter. Commissioner Conway moved to deny said petition, based on staff's
recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER ASSIGNMENT OF TAX LIEN CERTIFICATE TO PAUL BRANDT AND AUTHORIZE
CHAIR TO SIGN: Bruce Barker, County Attorney, stated Paul Brandt has paid the full assignment and
associated fees and he recommends approval. Commissioner Conway moved to approve the
assignment of said tax lien certificate to Paul Brandt and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER AGREEMENT FOR CONSTRUCTION OF BUILDING AND AUTHORIZE CHAIR TO SIGN
(BID #61000068) - CLARK ENTERPRISES CONSTRUCTION COMPANY: Mr. Barker stated the
original bid amount was $247,000; however, there was some confusion concerning payment of the
performance bond. He stated payment of the performance bond is typically included in the bid;
however, in this instance there was a new bidder who failed to include the amount in their original bid.
He stated the issue has been resolved and the new bid amount is $255,550.00. He further stated this
agreement was drafted to address the matter, since this level of bid does not fit with any of the AIA
(American Institute of Architects) form documents, and he clarified the modified bid amount is still
considerably less then the next lowest bid. Pat Persichino, Department of Public Works, was present to
answer any questions. Commissioner Garcia moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, May 10, 2010 2010-0983
Page 4 BC0016
CONSIDER REVISIONS TO BYLAWS FOR WELD COUNTY FAMILIES, YOUTH AND CHILDREN
(FYC) COMMISSION: Mr. Barker stated the proposed revisions include the changes suggested by
Commissioner Garcia. Commissioner Garcia clarified he requested amendments to some of the
positions, including the need for an Accountant on the Commission. He stated although it has been
difficult to find accountants who are willing to serve in this capacity, he always found their input to be
very helpful. He further stated the Child Protection Team member was also changed to become a
member at-large. Commissioner Conway moved to approve said revisions to the bylaws for the Weld
County Families, Youth, and Children Commission. Seconded by Commissioner Garcia, the motion
carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-5, IN THE MATTER OF REPEALING AND RE-
ENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, CHAPTER 8 PUBLIC
WORKS, AND CHAPTER 12 LICENSES AND PERMITS, OF THE WELD COUNTY CODE: Janet
Carter, Department of Public Works, stated the proposed revisions have been reviewed with the Board
in two separate work sessions concerning right-of-way and access permits. She stated the revisions
will relocate language concerning Moving Permits from Chapter 8 into Chapter 12, which deals with
licenses and permits. She further stated the fee schedule will also be added to Chapter 5 as Appendix
5-M. She stated these revisions will provide more options to staff when dealing with instances of
noncompliance where there is a safety concern or a project has resulted in damage to the roadway
network. Ms. Carter stated she intends to make a formal presentation at Second Reading. In response
to Chair Rademacher, Ms. Carter stated the two work sessions were held on March 9, and April 5,
2010. Mr. Barker confirmed there have been no additional changes since the last work session. No
public testimony was offered concerning this matter. Commissioner Garcia moved to approve
Ordinance #2010-5 on first reading. Seconded by Commissioner Conway, the motion carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance#2010-5 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.
There being no further business, this meeting was adjourned at 9:53 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ' ' \C. E a is;(9110-2.
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.• DouglasR4ademac r, Chair
Weld County Clerk to the Bo.
It."-.4:1913,Z9, EXCUSED
�. ♦ Barbara Kirkmeyer, Pro-Tem
BY. �..i/ i s !�! 1. An
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Deputy Cl;" to the Board ��� .C (/Sean P. C ay William F. arcia
EXCUSED
David E. Long
Minutes, May 10, 2010 2010-0983
Page 5 BC0016
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