HomeMy WebLinkAbout20102695.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 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, November 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
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
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 November 8, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance #2010-11
by tape. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated there are now 12 more governments
initiating coordination. He indicated the Hage coordination case has been ongoing for 19 years, and it
has moved on to the next level at the U.S. Court of Appeals, after the U.S. Department of Justice filed
its appeal on October 1, 2010. He indicated no briefing schedule has been heard and he hopes the
case will be heard in an expedited fashion. He stated whatever decision is made will have binding
precedent throughout the United States unless, and until, it is appealed to the Supreme Court.
Mr. Meyer stated Wayne and Jean Hage, who are now both deceased, filed the landmark case
September 26, 1991, and obtained a final decision almost 19 years later, on August 2, 2010. He stated
the case achieved remarkable precedence for all land owners and it is one (1) of the most important
fifth amendment victories for private property in the past two (2) decades, explaining why the
government felt it had to appeal. He stated the Hage case received a monetary award for the taking of
the Hage's Pine Creek Ranch and an unprecedented amount was awarded for attorneys fees.
Mr. Meyer stated Judge Loren Smith awarded the Hages compensation for their range improvements,
the ditch right-of-ways for 50 feet on each side of the ditches, and the water rights which flowed from
the Federal lands to their private lands. He indicated this is why he places so much emphasis on the
0
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Pawnee Grazing Association's water, since he is sure some of the water on the Federal land flows onto
private land.
Mr. Meyer stated the Town of Winkelman, Arizona, has invoked the Data Quality Act to prevent the
listing of the Sonoran Desert tortoise on the Endangered Species List.
He indicated he reviewed the record of decision regarding the Pawnee National Grassland, which was
provided to him by the Board of County Commissioners, and consultation and coordination are listed in
Appendix D of the previous record of decision regarding prescribed burns; however, there is no mention
of coordination in the record of decision regarding watershed improvements; only consultation. He
stated consultation, cooperation, and collaboration are not coordination, and it is important to properly
document the arrangement in a Memorandum of Understanding or a Memorandum of Agreement.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID #B1000146, CONTRACT MEDICAL SERVICES - SHERIFF'S OFFICE/JAIL: Rick Dill,
Bureau Chief for Offender Supervision, Weld County Sheriff's Office, indicated he has provided the
results of the Request for Proposals (RFP) for medical services for the Weld County Jail for the
three (3) vendors that submitted responses, and there was objective evaluation criteria included in the
RFP. He stated the proposals were referred to a Committee of three (3) people, to be reviewed and
scored, in accordance with the criteria which was provided to the vendors. He indicated the Sheriff's
Office recommends the bid be awarded to Correct Care Solutions (CCS), as a result of the scoring,
which evaluates the pricing, staffing, technical support, qualifications, and functional compatibility.
Monica Mika, Director of Finance and Administration, concurred with the Sheriff's Office's
recommendation for the bid to be awarded to CCS, which is the second lowest bidder. She stated the
recommendation is predicated on the lowest bidder not meeting the bid requirements, specifically the
physician and staffing requirements. She stated the Board requested the performance bond price be
broken out for review; therefore, the Board has the option to accept the bid with or without the bond.
Ms. Mika stated the bid is for a one (1) year contract with an annual review which may be renewed for
up to five (5) years.
Chris Capoot, Co-Founder of Correctional Healthcare Management (CHM), stated he began his
business 14 years ago out of a basement in the State of Colorado, and the business has been blessed
with success. He indicated he respects the system of decision Chief Dill has created; however, it is
constrained to quantitative assessment, and he wants to go on record as being concerned about the
decision process, since it may not consider qualitative factors within its parameters. He stated in these
difficult economic times, with budget constraints, cost is a paramount concern. Mr. Capoot indicated
time has been invested into developing a very strong staff, and great personnel, physicians, and
leaders within the organization, which will be redistributed among other counties if CHM is not selected
to continue in its role at the Weld County Jail. He indicated CHM can meet the same financial
constraints as any of its competitors, and he requested the Board consider awarding the bid to CHM
based on qualitative concerns and concerns about redirecting approximately 2.7 million outside of the
State to an organization which will utilize those funds outside of the State of Colorado. Mr. Capoot
stated approximately eight (8) years ago CHM was not awarded the bid for the Weld County Jail, based
on not submitting the lowest bid, and two (2) years later CHM was awarded the bid again. He stated
there may be a transitional risk to the County, since strong employees may be redistributed to other
counties, and the vendor who submitted the recommended bid has never worked in the State of
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Colorado and does not understand the intricacies of working within Colorado. He requested the Board
delay making a decision to award the bid to CCS today, in order to consider qualitative factors and to
consider awarding the bid to a local company that has done a good job for Weld County and provided a
high level of service. He reiterated CHM can meet the price offered by CCS and mitigate the risks of
transitioning to a different company.
Vincent Bowen, Director of Marketing and Business Development, CHM, stated he is in attendance as
a colleague and a friend of Mr. Capoot's. He stated he joined CHM after a career on Wall Street,
working for Goldman Sachs, and he came to the State of Colorado to enjoy a better lifestyle. He stated
he has a relationship with the President of CHM and he serves on the Board of his non-profit
organization, the Rocky Mountain Youth Clinic, which provides healthcare to children all over Colorado,
and the organization served 45,000 children last year. He stated CHM is integrally involved with
supporting the Rocky Mountain Youth Clinic and many other organizations. Mr. Bowen stated he grew
up in the south Bronx, he attended Harvard, and he has now become a skier and outdoorsman who
loves Colorado. He stated he joined CHM because it is not only a top level company professionally; it
is also a good corporate citizen. He stated the Board has an opportunity to support the decision of the
selection committee by considering a broader view, by not only considering the quantitative factors, but
by considering a corporate citizen that has the ability to continue to have a positive impact on Colorado.
In response to Commissioner Kirkmeyer, Mr. Bowen stated there are approximately 28 CHM
employees working at the Weld County Jail site, as well as corporate staff which are often travelling,
and CHM hired an intern from the University of Northern Colorado last summer. Further responding to
Commissioner Kirkmeyer, Mr. Bowen stated he does not know specifically how many of the 28 CHM
employees who work for the Weld County Jail reside within Weld County; however, it is the majority of
them, if not all of them.
In response to Chair Rademacher, Chief Dill stated CCS did not indicate it serves any other County
jails within Colorado; however, it serves 19 County jails with an average daily population of 500 or
more. Chair Rademacher inquired as to whether CCS provided references. Chief Dill stated CCS
provided a client list; however, he did not contact the clients, since he has not received any adverse
information about CCS. Commissioner Conway inquired as to whether there have been any problems
with the service provided by CHM. Chief Dill stated there have not been any problems and the
recommendation to award the bid to CCS is not based on dissatisfaction with CHM to any extent; he
has a high regard for many of the professionals who work for CHM, including the physician and the
psychiatrist. Commissioner Conway inquired as to whether Chief Dill is concerned about
responsiveness with CCS, since it is not a locally based company and it does not have any other
contracts with Counties within the State of Colorado. Chief Dill stated the only resource he is directly
aware of is the Regional Manager, who works out of the Denver area, and he is unsure of how large
her staff his; however, she is familiar with the Weld County Jail, since she was previously a Regional
Manager for CHM.
Commissioner Conway indicated the Weld County Charter refers to giving priority to local businesses,
and he inquired as to whether businesses within the State of Colorado can be considered local, or
whether the businesses must be within Weld County. Ms. Mika indicated it is up to the Board to
determine whether a business is local. In response to Chair Rademacher, Ms. Mika indicated she does
not have any concerns with CHM; however, Chief Dill and Sterling Geesaman, Weld County Sheriff's
Office, reviewed the bid to ensure the vendor would be able to meet the needs of the County. She
stated it is a 22 page RFP and she thinks Chief Dill and Mr. Geesaman endeavored to include both the
quantitative and qualitative aspects when considering each of the vendors. She stated the
recommendation came down to cost, staffing levels, and dedicated hours. Ms. Mika stated this a
complex proposal because it is not only about numbers; it is also about having the right people
assigned to the right tasks; therefore, the expertise of those running the jail is needed.
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Chair Rademacher inquired as to how the lowest bidder, Naphcare, Inc., did not meet the bid
specifications. Ms. Mika indicated Naphcare, Inc., did not meet the physician service requirements and
the necessary hours for nursing staff.
Commissioner Kirkmeyer stated the cost is within $1,300.00 between CCS and CHM, without the bond
being included in the cost. She indicated the scoring would be almost the same for the pricing
component without the bonding, and the biggest difference appears to be CHM offers the fewest
physician service hours, although it still met the RFP requirements, and CHM ranked the highest under
qualifications. She inquired as to why the County should not continue to utilize CHM. Chief Dill stated
he understands the Board's dilemma; however, CCS is the only vendor that made its staffing costs
clear and it offered to share fifty percent of any cost savings of money which is not expended.
Commissioner Kirkmeyer stated the reason she is struggling with the decision is there are
28 employees working for CHM and residing within Weld County, which will be impacted essentially by
a cost difference of approximately $1,400.00, and it is known CHM provides good service; therefore,
she does not understand why the County should make the change in providers.
In response to Commissioner Long, Chief Dill stated the psychiatrist component was a consideration;
however, it was not a critical factor, since all the vendors submitted proposals which met the minimum
hour requirements. He stated CCS offered more hours than the minimum requirement; however, it is
not necessary to have more hours. He stated the specific requirement was for three (3) hours of
psychiatric services per week, and CCS offered eight (8) hours per week; however, the facility does not
foresee the need for more than three (3) hours.
Mr. Bowen stated he takes pride in CHM's proposals; however, the proposal may not have explained
the cost savings sharing well, because CHM has offered to share 100 percent of the cost savings. He
stated if there is a situation where the County feels CHM did not meet its standards or its competitors'
standards, he would like to have the opportunity to resolve the issue and to meet and exceed the
competitors' standards. He stated CHM has experience and it has been in Weld County since the year
2002. Mr. Bowen stated this is an example of a process not serving the needs of the community. He
stated people have been very happy with the service of CHM's psychiatrist. In response to
Commissioner Kirkmeyer, Mr. Capoot clarified the 100 percent cost savings sharing is a reimbursement
of any offsite fiscal costs to the County, and a fifty percent sharing of staffing cost savings was not
formally introduced; however, CHM is willing to negotiate it, if the County is interested.
In response to Commissioner Conway, Chief Dill stated the contract needs to be awarded by the end of
the month, to provide at least four (4) weeks if there is a transition process. Commissioner Garcia
stated the Board does not typically renegotiate on an approval date for a bid; however, he appreciates
the considerations which have been presented by CHM. In response to Commissioner Garcia,
Ms. Mika indicated she is not comfortable with allowing CHM to have the opportunity to meet the
standards the other vendors have submitted. She stated the County's bid process is that the County
establishes benchmarks and the vendor determines how it will meet the requirements, and she is not
comfortable with negotiating this bid. Commissioner Kirkmeyer stated the County has not negotiated a
contract, since it has not selected a vendor, and she is making a decision based on the RFP and the
fact there are a significant number of CHM employees residing in Weld County. She stated if the Board
wants to negotiate contract points after a vendor has been selected, the County has the authority and
ability to do that. She concurred with Ms. Mika that the selection process should be based on what was
received from the vendors; however, what was received places the vendors in a dead heat.
Commissioner Conway stated it is up to the Board to determine what local means, and this Board has
placed an emphasis on selecting local vendors, particularly in these difficult economic times. He
indicated CHM has up to 28 employees in Weld, and much of the money invested into this bid will go to
staffing costs and then be invested back into the local economy. He concurred with Commissioner
Kirkmeyer; it is a dead heat, with just $1,343.00 difference between the two (2) lowest bids, and he
Minutes, November 10, 2010 2010-2695
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stated sometimes people can be pennywise and pound foolish. Commissioner Conway stated the
contract amount is lower than what the County budgeted for, and when considering the 28 CHM
employees and that CHM has been providing good service, he concurs with Commissioner Kirkmeyer.
Commissioner Garcia stated a fine committee has reviewed the RFP, and NaphCare was assigned 204
points, CCS was assigned 279 points, and CHM was assigned 240 points. He stated he has not heard
anything to lead him to believe the assignment of 279 points to CCS is inaccurate. Mr. Barker stated
he has one (1) point of clarification; the Code states the Board shall give preference to resident Weld
County bidders. In response to Commissioner Conway, Mr. Barker stated it is up to the Board to
determine whether it considers CHM a resident Weld County bidder, since there are potentially 28 Weld
County residents employed by CHM. Commissioner Kirkmeyer moved to approve the bid from CHM.
Commissioner Conway seconded the motion. Commissioner Kirkmeyer clarified she did not move to
approve the low bid because the proposal did not meet the minimum physician services requirement,
and the reason she is supporting CHM is because it has been the County's provider since the year
2002, its performance has been good, and it was scored the highest in qualifications. She stated CHM
did not score the highest points overall; however, part of that was based on CCS offering more
physician hours, and that can be negotiated with CHM. She indicated the quantity and quality of the
work completed by this provider has been demonstrated, and essentially the bid prices are the same.
Commissioner Kirkmeyer stated the 28 employees who are employed by CHM, who live and work in
Weld County, weigh heavily in her mind and she would like those employees to remain in Weld County.
Commissioner Garcia stated he stands by what he previously stated and by the staff findings. He
stated the County staff completed a thorough and competent evaluation of the RFP, and he concurs
CHM has done a fine job for the County; however, the Committee findings indicate CCS provided
superior staffing and technical information. Chair Rademacher concurred with Commissioner
Kirkmeyer, and he indicated he is concerned staff did not check the references for the recommended
vendor; therefore, the Board does not know the company's track record. Upon request for a roll call
vote, the motion carried three (3) to two (2), with Commissioners Garcia and Long in opposition.
APPROVE BID #61000158, GRADER BLADES - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated this bid was presented to the Board on October 24, 2010, and it is being presented to the Board
for approval today. She stated the bid is for five (5) and six (6) foot grader blades, and the Department
of Public Works recommends acceptance of the low bid, which is from a company the County has
worked with before. Chair Rademacher stated the Board considers bids for grader blades every year
and every year the price increases, and he inquired as to why the Department of Public Works does not
purchase a couple of years worth of grader blades in advance, in order to achieve cost savings.
Ms. Mika indicated the Department of Public Works is probably the most aggressive County department
in striving to locate good deals on products; however, she will ask about whether the grader blades can
be purchased in advance. Commissioner Conway moved to approve the low bid, in the amount of
$232,755.00, from J and S Contractors. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
NEW BUSINESS:
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - ROBERT
JULANDER (S27, T8N, R61 W): Mr. Barker stated this lease is for 2.42 acres, the next lease is for 4.85
acres, and the last lease is for 2.43 acres. He indicated Robert Julander has paid $200.00 for each of
the proposed leases; however, there has been discussion among the Board about raising the minimum
lease amount when Chapter 2 of the Weld County Code is amended, which is currently taking place,
yet the minimum small tract lease amount has not been changed yet. He stated it is up to the Board
how it would like to approach the leases; it can accept these leases at $200.00, until the Code has
been changed. Chair Rademacher inquired as to whether these leases are time sensitive and how
long it will take for the Code to be changed. Mr. Barker indicated it will take approximately 30 days
before the Code is updated, and there is not any desire to process the leases quickly on the part of the
County; however, the operator probably wants to be able to quickly begin work. In response to Chair
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Rademacher, Mr. Barker clarified the current price for the small tract leases is $200.00, in total; not per
acre. Chair Rademacher stated oil and gas leases are being awarded at up to $800.00 per acre in this
area; therefore, he is not willing to accept the amount offered for the three (3) leases. Commissioner
Conway concurred. Mr. Barker indicated Mr. Julander may be willing to pay more; however, he read
$200.00 in the Code and paid that amount. Commissioner Garcia inquired as to whether the Board can
apply the pending Ordinance doctrine principle to this matter. Mr. Barker stated he is unsure as to
whether the Board concurred about the amount which should be charged for the small tract leases, and
he does not want to use the pending Ordinance doctrine for the lease prices or fees; the pending
Ordinance doctrine is regulatory in nature. He indicated Mr. Julander is probably willing to pay
whatever amount the Board sets for small tract oil and gas leases, and he suggested continuing the
leases for 30 days and adding the new cost for small tract oil and gas leases to the second reading of
the pending Ordinance. In response to Chair Rademacher, Mr. Barker clarified there has never been a
lease cost per acre for oil and gas leases for parcels less than five (5) acres; however, the Board can
choose to charge an amount per acre. Chair Rademacher stated it is to the constituents' benefit to
delay accepting these leases. Commissioner Conway inquired as to whether it is better to reject the
leases and wait until the new amount is added to the Code, or to continue the leases. Mr. Barker
stated rejecting the leases would be better since the Board is considering increasing the amount. In
response to Commissioner Conway, Mr. Barker confirmed operators have offered amounts higher than
the minimum for small tract leases before. Ms. Mika suggested the Board accept these leases, in order
to be consistent with the existing rules and to support a sense of fairness until the process has been
changed. She stated the decision is clearly up to the Board; however, she advised against changing
the rules midstream. Commissioner Long concurred with Ms. Mika. Commissioner Garcia moved to
approve said lease and authorize the Chair to sign. Commissioner Long seconded the motion.
Commissioner Kirkmeyer stated as government officials and people who have a fiduciary responsibility,
the Board has the opportunity to change the rules when it chooses to do so, and when it is in the best
interest of the taxpayers of Weld County; therefore, she is inclined to reject the leases and let
Mr. Julander know the County is in the process of updating the Code. She indicated Mr. Julander likely
knows the going rate of leases in Weld County, and the Code did not keep up with the times in this
respect; however, that does not mean the Board should accept a low offer, Chair Rademacher and
Commissioner Conway concurred with Commissioner Kirkmeyer. Upon request for a roll call vote, the
motion failed three (3) to two (2), with Chair Rademacher and Commissioners Kirkmeyer and Conway
being in opposition.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - ROBERT
JULANDER (S28, T8N, R61W): Commissioner Conway moved to reject said lease. Commissioner
Kirkmeyer seconded the motion. Upon request for a roll call vote, the motion passed three (3) to
two (2), with Commissioners Long and Garcia in opposition.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - ROBERT
JULANDER (S30, T8N, R61W): Commissioner Kirkmeyer moved to reject said lease. Commissioner
Conway seconded the motion. Upon request for a roll call vote, the motion passed three (3) to two (2),
with Commissioners Long and Garcia in opposition.
CONSIDER APPOINTMENTS TO PUBLIC SAFETY INFORMATION SYSTEM USERS GROUP:
Commissioner Conway moved to appoint Randolph Winsett to the Public Safety Information System
Users Group as the Sheriff's representative, Steve Wrenn as the District Attorney's representative,
David Bressler as the Paramedic Service representative, and Anita Scrams as the ex-officio Weld
County Information Technology Site Manager representative, all with ongoing terms of service.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
FIRST READING OF CODE ORDINANCE #2010-11, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
Minutes, November 10, 2010 2010-2695
Page 6 BC0016
COUNTY CODE: Mr. Barker indicated this Ordinance contains proposed changes to various fees,
including the land use application, building permit, and electrical permit application fees. Chair
Rademacher gave the opportunity for public testimony; however, none was provided. Commissioner
Kirkmeyer stated there was a work session on this Ordinance, and she moved to approve
Ordinance#2010-11, on first reading. Commissioner Garcia seconded the motion. Chair Rademacher
indicated he will be requesting another work session on this Ordinance. There being no further
discussion, the motion carried unanimously.
OLD HEALTH BUSINESS:
CONSIDER REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS
GALLITOS TAQUERIA (CON'T FROM 10/11/10): Dan Joseph, Department of Public Health and
Environment, requested the matter be dismissed, since the establishment has changed ownership. He
indicated the previous managers are now the owners of the facility, which stops the civil penalty
process that started under the previous ownership from progressing, according to State statute. He
stated the Department has required the new owners to move the hand sink and obtain a new
refrigerator, which should resolve a lot of the issues at the facility. Mr. Joseph indicated the civil penalty
process is concluded; however, the Department will keep the establishment on a shorter leash, and it
will resume the revocation process if there continues to be problems. He clarified the new owners were
the previous operators when the violations were occurring at the establishment; therefore, if the
violations continue to occur, the Department can bring the matter back before the Board much more
quickly than if it had to start the process over from the beginning again. Commissioner Garcia moved
to dismiss the matter. Commissioner Conway seconded the motion. Commissioner Kirkmeyer thanked
Mr. Joseph and Deb Adamson, Department of Public Health and Environment, for sticking with this and
making Los Gallitos Taqueria a much safer place to eat. Chair Rademacher concurred.
Ms. Adamson stated once the new owners had begun operating the establishment as the managers,
they made good decisions regarding equipment and moving items, and now that they are the owners,
they will be able to make decisions they were not previously able to. Commissioner Conway thanked
staff for supporting the Board through the process, and he stated the establishment has been made
safer and jobs have been preserved in a difficult economy. There being no further business, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance #2010-11 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, November 10, 2010 2010-2695
Page 7 BC0016
There being no further business, this meeting was adjourned at 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT ORADO
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Minutes, November 10, 2010 2010-2695
Page 8 BC0016
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