HomeMy WebLinkAbout20100460.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 3, 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, March 3, 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 UNTIL 9:09 A.M.
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 March 1, 2010, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to Add New Item of Business #4)
Consider Agreement for Partially Self-Funded Program and authorize Chair to sign — Colorado
Counties Casualty and Property Pool. Seconded by Commissioner Long, the motion carried
unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS — ZELMA WAHL: Chair
Rademacher read the certificate into the record, recognizing Zelma Wahl for 20 years of service in the
Department of Public Works. Pat Persichino, Director, Department of Public Works, thanked Ms. Wahl
for her service, and he stated that he misses her. Ms. Wahl thanked all the staff at Weld County for
providing a wonderful career and wonderful friendships. (Clerk's Note: Commissioner Kirkmeyer is
now in attendance; it is 9:09 a.m.) Commissioner Kirkmeyer stated she wishes Ms. Wahl would
continue working for Weld County, that Ms. Wahl has done a great job, and she appreciated seeing Ms.
Wahl's capable and smiling face. Commissioner Conway thanked Ms. Wahl for her service to Weld
County's citizens and Chair Rademacher concurred.
Minutes, March 3, 2010 2010-0460
Page 1 BC0016
CY/ /
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated on March 18, 2010, at
9:00 a.m., the Air Quality Control Commission's Rule Making Hearing will be conducted for the
Enhanced Emissions Program in the Island Grove Park Exhibition Building. He thanked Bruce Barker,
County Attorney, for the work he has completed leading up to this hearing. He invited the public to
attend the hearing and he stated the Program will have a profound impact and may cost up to
$5,100,000.00, for 185,000 vehicle owners in Weld County, if enacted. Chair Rademacher concurred
that it is an important hearing and he hopes a lot of people attend it.
BIDS:
PRESENT BID #B1000062, TRAFFIC PAINT AND BEADS FOR 2010 - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director of Finance and Administration stated eight (8) vendors submitted bids
and said bid will be presented for approval on March 17, 2010. Commissioner Garcia stated Ennis
Paint, Inc., appears to be the low bidder for paint; however, Pervo Paint Company appears to be the
low bidder for beads, and he inquired as to whether the bid can be divided and awarded to two
companies. Ms. Mika stated she is unsure; however, she thinks the bid will be broken down according
to the types of paint. Chair Rademacher stated it is his understanding that one vendor cannot provide
all of the products needed; therefore, the bid will likely be broken down.
APPROVE BID #B1000048, BULK PORTLAND CEMENT - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika recommended acceptance of the low bid from GCC of America, which is located within the
City of Denver. Chair Rademacher stated there is a considerable spread between the bids submitted
by the different vendors. Mr. Persichino stated the bid is for dry concrete, for the purpose of milling dry
concrete into road base, which will reduce the need for road base. He stated the test program will
occur on County Road 89. He stated the recommended vendor is a large operation, with excellent
references. Commissioner Long moved to approve the low bid, in the amount of $317,580.80, from
GCC of America, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
APPROVE BID #61000052, HOT BITUMINOUS MATERIAL/ASPHALT SUPPLY - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika stated this bid and the following bid are based on examining more cost
effective options according to location for the northern and southern quadrants of the County. She
recommended the Alternative #1 bid from Lafarge West, Inc., be accepted for the northern quadrant,
and that the Alternative#1 bid from Asphalt Specialties be accepted for the southern quadrant.
Dean Dreher, Department of Public Works, recommended acceptance of the Alternative #1 bids, which
are for 30 percent Recycled Asphalt Pavement (RAP). Mr. Dreher stated Alternative #2 is for
35 percent RAP, which he would like to experiment with, to ensure it will work well before committing to
it; however the 30 percent RAP was utilized last year and functioned well. Commissioner Long moved
to approve the bid from Lafarge West, Inc., for Alternative #1, for the northern quadrant, in the amount
of $1,368,087.50, and the bid from Asphalt Specialties for Alternative #1, for the southern quadrant, in
the amount of $2,218,580.00, based on staff's recommendations. Seconded by Commissioner Garcia,
the motion carried unanimously.
APPROVE BID #B1000056, CONCRETE, WASHED ROCK, AND SQUEEGEE "ON CALL" -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika recommended the washed rock portion of the bid be
awarded to the second lowest bid from Aggregate Industries for the southern quadrant of the County,
and that the low bid for washed rock from Varra Companies, Inc., be accepted for the northern
quadrant. She recommended that the squeegee portion of the bid be awarded to Lafarge for the
northern quadrant, and to Pioneer Sand Company for the southern quadrant. She further
recommended that the concrete portion of the bid be awarded to Varra Companies, Inc., for the Class B
concrete, for the entire County; that Bestway Concrete and Aggregate be awarded the Class D portion
of the concrete bid, for the entire County; that Star Ready Mix be awarded the flow fill portion of the bid
Minutes, March 3, 2010 2010-0460
Page 2 BC0016
for the northern quadrant of the County, and that Bestway Concrete and Aggregate be awarded the
flow fill portion of the bid for the southern quadrant. Commissioner Conway moved to approve staff's
recommendations. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR DOMESTIC VIOLENCE FAST TRACK PROGRAM GRANT AND
AUTHORIZE CHAIR TO SIGN: JoAnn Holden, District Attorney's Office, stated this is a federal grant
administered by the State Division of Criminal Justice, staff is requesting $51,598.00, and there is a
County cash match in the amount of $17,199.00. Commissioner Garcia moved to approve said
application and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN
- MICHAEL TIPTON: Commissioner Garcia moved to appoint Michael Tipton as a Deputy District
Attorney. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER REAPPOINTMENTS TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner
Conway moved to reappoint David Lawton and James Upward to the Child Protection Citizen Review
Panel, with terms to expire March 4, 2013. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE CHAIR
TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Ms. Mika stated this
agreement is for participation in Colorado Counties Casualty and Property Pool, and Weld County will
receive more equity credits for the year 2010 than in the year 2009; therefore, the cost will be reduced
by approximately $20,000.00. Commissioner Long moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST FOR PLACEMENT OF A TEMPORARY WIND MONITORING TOWER -
GLOBAL WINDS HARVEST, INC.: Michelle Martin, Department of Planning Services, stated the
applicant is proposing installing a 165-foot high tower in order to collect information on local wind speed
and direction, and the applicant would like to erect the tower for approximately two years before
beginning a Use by Special Review (USR) process. Ms. Martin stated the applicant has entered into a
lease with Open A Spear Ranch, the property owner, and the proposed tower will be located south of
County Road 118 and east of County Road 49. In response to Commissioner Kirkmeyer, Ms. Martin
stated there should be a draft agreement in the Board's materials. Commissioner Kirkmeyer stated
there has not been a draft agreement provided to the Board; there is a proposed Resolution, and the
Resolution indicates it is conditional upon a written agreement.
Bruce Barker, County Attorney, stated the procedure which is being proposed has been utilized by
Anheuser Bush, Inc., Greenlight Energy, Inc., and several other companies. Mr. Barker stated the
County entered into an agreement with those companies, and this is the agreement which the
Resolution references; however, an agreement has not been drafted for this particular request. He
suggested that Global Winds Harvest, Inc., provide notice to the adjacent property owners, which has
been the process in the past; however, he does not believe any surrounding property owners have
objected to any of the previously proposed wind towers. Commissioner Kirkmeyer inquired as to
whether the agreement will be presented to the Board at a later date if the Board approves the
Resolution today. Mr. Barker stated the proposed Resolution is to approve the agreement, which has
not yet been drafted; therefore, the Board cannot approve the agreement. He stated the agreement will
include a provision that the applicant will apply for a USR permit it the tower remains erected for more
than two (2) years and the agreement will specify what clean-up measures will be required if the tower
Minutes, March 3, 2010 2010-0460
Page 3 BC0016
is removed. He stated the letter submitted by Global Winds Harvest, Inc., addresses most of these
concerns; however, the County has required an agreement in the past and the Board should maintain
consistency. Chair Rademacher inquired as to whether it would be appropriate for the Board to
approve the Resolution, contingent upon the agreement being approved when it is presented to the
Board. Mr. Barker stated the agreement will not contain anything the company should object to, and he
has wondered about the necessity of notifying adjacent property owners, since the wind towers are
usually placed in isolated locations. Commissioner Conway stated the letter indicates the company is
willing to discuss the necessity of posting some form of collateral to cover the cost of removing the
tower. Mr. Barker stated that is another point the agreement will address. Commissioner Long inquired
as to whether there are people living in the area the tower will be placed. Ms. Martin stated the
Open A Spear Ranch owns the majority of the surrounding property, with the exception of one (1)
parcel of property, and there are no residents in close proximity to the proposed tower site. Mr. Barker
stated if the Board approves the Resolution, he will produce the agreement today. In response to
Commissioner Long, Ms. Martin stated she has not been to the site, however, there are no residences
immediately surrounding the site, and the one (1) property owner owns two (2) parcels located on the
west side of County Road 49 and south of the proposed tower site. In response to Chair Rademacher,
Ms. Martin confirmed the surrounding property owner has not been notified.
Dan Albano, Vice President of Development, Global Winds Harvest, Inc., stated his company is a wind
energy developer and it has been interested in working within the State of Colorado. Mr. Albano stated
only approximately 2 or 3 out of every 10 towers installed lead to a successful development.
Chair Rademacher gave the opportunity for public testimony; however, none was given.
Commissioner Long moved to approve said request for the placement of a temporary wind monitoring
tower, contingent upon an agreement being drafted and signed today. Commissioner Garcia seconded
the motion. Commissioner Kirkmeyer stated she wants to ensure all the details addressed within the
letter dated February 17, 2010, are included within the agreement, and that it is specified that if the
tower remains longer than a period of two (2) years, the company must apply for a USR permit. She
recommended that the surrounding property owners be notified about the tower being installed, that the
tower be properly anchored to the ground, and that the agreement address collateral. Commissioner
Garcia concurred with Commissioner Kirkmeyer's recommendation, and he stated the letter specifies
that the tower will not be erected within 250 feet of a public road, transmission line, or any other
structure. There being no further discussion, the motion carried unanimously.
CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE
PLAN REVIEW, SPR #433 - DON'S OIL SERVICE, LLC: Rich Hastings, Department of Public Works,
stated Don's Oil Service, LLC, is located south of County Road 20, east of U.S. Highway 85, and
adjacent to an automobile sales facility. Mr. Hastings stated Don's Oil Service, LLC, services oil fields
by providing water trucks to pick up waste water and deliver clean water. He stated trucks are empty
upon leaving and entering the site, and there is a small private easement that the trucks utilize to
access the site which is approximately 300 feet long, and is located south of County Road 20. He
stated the site is located west of Suncor Energy, which is the reason an improvements agreement was
determined to be necessary. Mr. Hastings stated the applicants are aware that they may have an
obligation to contribute to paving a portion of County Road 20 in the future. He stated the applicants
have contacted the Colorado Department of Transportation (CDOT), which indicated there are no
improvements necessary for U.S. Highway 85 at this time, and the Weld County Department of Public
Works has determined there are no access improvements necessary at this time. Commissioner
Kirkmeyer inquired as to whether a personal check is an acceptable form of collateral and whether the
check is cashed. Mr. Barker stated a personal check is an acceptable form of collateral and he does
not recall whether the check is cashed or not; however, he is certain the funds are verified.
Minutes, March 3, 2010 2010-0460
Page 4 BC0016
Commissioner Kirkmeyer stated that she assumes when the County accepts personal checks as
collateral, the personal checks are cashed and then placed in some type of an account. Mr. Barker
indicated he will verify the process for personal checks being utilized as collateral with the Clerk to the
Board's Office. Commissioner Kirkmeyer moved to approve said agreement, authorize the Chair to
sign, and accept said collateral for Site Plan Review, SPR #433. Commissioner Conway seconded the
motion, which 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 9:38 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ► cry- ac - --17
om ci
• *r "lT� `�.ugla: Rademacher„ Chair
Weld County Clerk to the Board 1861 QQ'S1
rcip 4 ,lam_ z � t
11^ e 1 h carbara Kirkmey r, Pro-Tem
BY. ltj / ,
ty 1 ,IrL •
Cle to the Board
ean .
. a
1
av . ong
Minutes, March 3, 2010 2010-0460
Page 5 BC0016
Hello