HomeMy WebLinkAbout20101034.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 17, 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 17, 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 9:03 A.M.
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, 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 May 12, 2010, as printed. Commissioner Garcia seconded the motion, and
it carried unanimously. (Clerk's Note: Commissioner Kirkmeyer is now in attendance; it is 9:03 a.m.)
CERTIFICATION OF HEARINGS: (Clerk's Note: See June 6, 2010 Agenda for Certification of May 11,
2010 Violation Hearings.)
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, Weld County resident, stated approximately one (1) year ago he
attended a meeting in the Town of Fort Morgan regarding the lower South Platte water shed, along with
representatives of the Environmental Protection Agency (EPA) and John Stultz, Commissioner of
Agriculture. Mr. Meyer stated the attendees discussed the pollution to the underground water, since
the alkalinity and nitrates in the water have increased, and there is uranium surfacing in one (1) creek in
the Town of Fort Morgan. He stated that he inquired of the EPA representatives whether these issues
might be the result of the wells not being pumped over the past five (5) years, and the representatives
indicated it might be part of the pollution problem. He stated the EPA representatives indicated they
will follow up with him on the matter; however, they have not yet contacted him.
Mr. Meyer stated last week he mentioned the United Nations' Agenda 21 to the Board, which is also
known by other titles including Smart Growth, Growth Management, and Sustainable Development. He
stated the City of Fort Collins has participated in Agenda 21 for approximately 16 years and the City of
Loveland has participated for approximately two (2) years. He stated that he has requested that the
Board investigate Agenda 21 since the Weld County Comprehensive Plan was revised over two (2)
years ago.
Minutes, May 17, 2010 2010-1034
Page 1 BC0016
CONSENT AGENDA: Commissioner Conway 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 #B1000097, BOILER REPLACEMENT IN CENTENNIAL CENTER - DEPARTMENT
OF BUILDINGS AND GROUNDS: Monica Mika, Director of Finance and Administration, stated this bid
was presented on May 3, 2010, and it is part of the American Reinvestment and Recovery Act (ARRA)
Energy Efficiency Program. Ms. Mika recommended the Board accept the second lowest bid, since the
low bidder will not satisfy the grant requirements. Commissioner Conway moved to approve the
second lowest bid, in the amount of $231,144.00, from CMS Mechanical Services, Inc, based on staff's
recommendation. Commissioner Garcia seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER GRANT AGREEMENT FOR VARIOUS WORKFORCE DEVELOPMENT PROGRAMS
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
Board reviewed the agreement at a work session conducted on May 10, 2010, and the term of the
agreement is July 1, 2010, through June 30, 2013. Ms. Griego stated the grant agreement covers the
terms and conditions for the Workforce Investment Act funds and other work related program funds to
be accessed to serve Weld County. Commissioner Kirkmeyer moved to approve said grant agreement
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER EXPENDITURE AUTHORIZATION MODIFICATIONS FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Board
reviewed the modifications at a work session conducted on May 10, 2010, and the first modification will
extend the ARRA Adult and Dislocated Worker, HIRE Colorado, and Online Learning Programs to
September 30, 2010. She stated the second modification is to the Expenditure Authorization for the
Trade Adjustment Act (TAA) Case Management funds, and it will allow funds, in the amount of
$13,120.00, to be utilized to cover a portion of the staff costs for the TAA Program. She stated the TAA
Program provides case management, employment, and training services for individuals who have lost
their jobs. Commissioner Kirkmeyer moved to approve said Expenditure Authorization modifications
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER SEMI-ANNUAL PROGRESS REPORT #7 FOR BUILDING HEALTHY MARRIAGES
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Griego stated the Board reviewed the report at a
work session conducted on May 10, 2010, and it is a mid-year report for the fourth year of the Building
Healthy Marriages Program, which indicates there has been a steady increase in the number of families
which have been served. She stated the Program has brought a total of $3,182,871.00 in Federal
funding to Weld County, while bringing relationship and marriage education to 772 couples and 803
individuals. Commissioner Conway moved to approve said Progress Report and authorize the Chair to
sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WREBURN PROPERTIES,
LLC: Christopher Woodruff, Assessor, stated this is a petition for abatement for Tax Year 2009, and
the property owner did not make a timely appeal; therefore, staff recommended that the property owner
file a petition for abatement. Mr. Woodruff stated this is a commercial condominium warehouse
property which is located within the Town of Windsor, and the Board set its value at $170,030.00 in the
year 2005, which is approximately $70.00 per square foot. He stated the value has not changed since
the year 2005, even though a new study period commenced, and staff reviewed sales from the years
2007 and 2008 and found the selling prices for similar units in this area were $74.00 to $80.00 per
square foot; therefore, he does not find any reason to adjust the value and recommends denial of the
Minutes, May 17, 2010 2010-1034
Page 2 BC0016
abatement. There were no representatives of Wreburn Properties, LLC, present. Commissioner
Conway moved to deny said petition, based on staff's recommendation. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 51 BETWEEN CRS 8 AND 10: Janet Carter,
Department of Public Works, stated said closure will commence May 24, 2010, and end May 27, 2010,
in order to replace a culvert. Ms. Carter stated water will be utilized for dust abatement of the gravel
portion of the detour route, and the average daily traffic count is 100 vehicles, according to a count
conducted in the year 2008. She stated road signs and barricades will be utilized to notify drivers of the
closure. Commissioner Garcia moved to approve said temporary closure. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER GRANT AGREEMENT FOR HIGH PLAINS INVASIVES PROJECT AND AUTHORIZE
CHAIR TO SIGN: Tina Booton, Department of Public Works, stated Weld County partnered with
Morgan and Logan Counties for this grant opportunity which will assist property owners in the
Stoneham area with diffuse knapweed. Ms. Booton stated $5,400.00 was awarded for the Project,
which will be awarded as an 80/20 cost share, with the grant paying 80 percent of the cost, not to
exceed $500.00 per land owner, and the land owner paying 20 percent of the cost. She stated this is
the last year the grant will be available and the County has received funding each year the grant was
available. Chair Rademacher inquired as to whether the funding is limited to diffuse knapweed.
Ms. Booton confirmed the funding is limited to diffuse knapweed, and the County qualified for the grant
because diffuse knapweed is set for eradication in that particular part of the County. In response to
Chair Rademacher, Ms. Booton stated the portions of the County which are eligible are the area around
the Town of Stoneham and the area near the State of Nebraska border and County Road 111, and the
diffuse knapweed has not spread far beyond those two (2) areas. In response to Commissioner
Kirkmeyer, Ms. Booton clarified one of the areas is located north of County Road 74 and from County
Road 111 east to approximately County Road 130, and the other area is the Stoneham area, which
includes part of Morgan and Logan Counties. Commissioner Kirkmeyer moved to approve said grant
agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
CONSIDER CHANGE ORDER #1 TO AGREEMENT FOR BRIGGSDALE GRADER STATION
STORAGE TANKS AND INFRASTRUCTURE (BID #61000065) AND AUTHORIZE CHAIR TO SIGN -
E.T. TECHNOLOGIES, INC.: Clay Kimmi, Department of Public Works, stated there was a change to
the bid specifications, which results in an agreement price reduction. Mr. Kimmi stated one (1)
20,000-gallon underground storage tank will be constructed, as opposed to two (2) 10,000-gallon above
ground storage tanks, which will result in a cost savings for the County of $10,865.00. Commissioner
Kirkmeyer inquired as to whether additional requirements will be necessary as a result of the
underground storage tank. Mr. Kimmi stated there will be no additional requirements, since the storage
tank will only contain water. In response to Chair Rademacher, Mr. Kimmi stated the Department is
opting for an underground storage tank because it less expensive. Chair Rademacher stated the long
term maintenance costs for an underground storage tank will be far higher than an above ground
storage tank. Mr. Kimmi stated the underground tank will be cathodically protected and it will have an
epoxy coating to protect the tank from rusting. He stated the underground water tank is also able to fill
the County's water trucks quicker than the above ground tanks, the underground tanks have less of an
aesthetic impact, and the fire department can connect their equipment to the underground tanks
quicker than above ground tanks. Chair Rademacher stated he does not understand the logic of the
underground tanks and he does not agree with any of Mr. Kimmi's assertions, other than the
underground water tank will have less of an aesthetic impact. He stated the maintenance and removal
costs will be more for an underground tank, and it is possible to construct one (1) 20,000-gallon above
ground storage tank, as opposed to two (2) 10,000-gallon above ground tanks, with the same flow rates
as the underground tanks. Commissioner Conway inquired as to whether it would be less expensive to
Minutes, May 17, 2010 2010-1034
Page 3 BC0016
have one (1) 20,000-gallon above ground tank than one (1) 20,000-gallon underground tank.
Mr. Kimmi stated the 20,000-gallon above ground tank would not be less expensive than the
underground tank of the same size because the above ground tank would be gravity fed and the cost of
the stands necessary to elevate the above ground storage tanks approximately 15 feet in the air will
cause the above ground tanks to be more costly than the underground tanks. Commissioner Garcia
inquired as to whether this item of business is time sensitive. Mr. Kimmi stated the Department
intended to commence construction on the project this week. Commissioner Conway indicated he is in
favor of conducting a work session and continuing the matter to the next Board meeting. He expressed
his appreciation for staff's work on this matter and he stated the Board does not want to delay the
project; however, there are some legitimate questions regarding the tanks, which he believes can be
resolved during a short work session. Commissioner Garcia concurred. Commissioner Conway moved
to continue the matter to May 19, 2010, in order to conduct a work session. Commissioner Garcia
seconded the motion, which carried unanimously.
CONSIDER TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN —
ALVIN DECHANT, JR.: Leon Sievers, Department of Public Works, stated this is the second and final
parcel being acquired on the County Road 49 Culvert Replacement Project, and the property is located
on the west side of County Road 49, at County Road 24.25. Mr. Sievers stated the County is acquiring
0.80 acres of temporary construction easement for $300.00, which is the minimum amount the County
pays to acquire a temporary construction easement. He further stated the land owner is a willing
participant in the deal. Commissioner Garcia moved to approve said temporary construction easement
and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN —
PETROLEUM DEVELOPMENT CORPORATION: Bruce Barker, County Attorney, stated this tract is
4.3 mineral acres, and the policy states if a parcel is less than five (5) acres in size and a lease offer is
made for $200.00, the tract is not subjected to the bid process; therefore, he recommends approval. In
response to Chair Rademacher, Mr. Barker stated in addition to the lease amount, the lessee also pays
20 percent of the royalties to the County. Further responding to Chair Rademacher, Mr. Barker
confirmed this tract of land is in the same area that the County has accepted up to $800.00 per net
mineral acre for oil and gas leases, and the Board may opt not to waive the bid process; however, the
Board should consider this matter in a policy, since the current policy is to waive the bid process when
a parcel is less than five (5) acres in size. Responding to Chair Rademacher, Mr. Barker clarified there
is only one (1) request which came in regarding this tract of land; however, there are no bidders, since
a bid process did not occur. Mr. Barker stated the company that submitted the offer complied with the
County's process, pursuant to the Weld County Code; however, the Board is not obligated to waive the
bid process. In response to Commissioner Kirkmeyer, Mr. Barker stated some of the larger oil and gas
leases are for parcels of 160 acres. Commissioner Kirkmeyer moved to approve said lease and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR ASSISTANCE PREPARING CONCEPT
PLANS FOR WELD COUNTY CRIME LABORATORY AND AUTHORIZE CHAIR TO SIGN: Glen
Czaplewski, Weld County Intern, stated the Memorandum of Understanding is to partner with the
Colorado State University (CSU) Extension for basic architectural services, including site plan
drawings, for the proposed Crime Laboratory at the Training Center, which will be performed by
architecture students. Mr. Czaplewski stated he is aware some alternative locations have been
discussed; however, there is a limited amount of time available to secure the best architecture students,
and the alternative is to hire professional architects, which would be much more expensive. He stated
this Memorandum of Understanding will cost the County $4,500.00. Commissioner Kirkmeyer inquired
as to who is on the Steering Committee for this project. Mr. Czaplewski stated thus far the Steering
Committee consists of representatives from different law enforcement agencies; however, it is not
closed from adding members. Commissioner Kirkmeyer stated she wants someone from the County
Minutes, May 17, 2010 2010-1034
Page 4 BC0016
on the Committee who knows how to construct buildings, including what the room sizes will need to be,
and the electrical and HVAC requirements. Mr. Czaplewski stated there is a great deal of professional
literature and guidelines available. Commissioner Kirkmeyer reiterated she wants someone with
construction knowledge from the County on the Committee, since it will be a County building and the
State architect may require items which the County does not, which may add unnecessary costs. Ms.
Mika indicated that Pat Persichino, Director, Department of Public Works, has agreed to participate in
the project; however, he wants a plan to be delineated before he reviews it and makes it consistent with
the County standards and the allocated budget. She clarified that Mr. Persichino is interested in being
involved with the end of the project, rather than the beginning, and he will be involved with the HVAC
and functionality issues. She stated Chair Rademacher was involved with the initial discussions
regarding this project and she suggested he may be interested in being involved on the Committee.
Chair Rademacher stated the cart is being put before the horse in this project, since no formal
discussions have occurred regarding obtaining the building; therefore, this project will not commence in
the near future. Ms. Mika stated the purpose of the Memorandum of Understanding (MOU) is to lay the
foundation for the project. Chair Rademacher stated he does not want to spend $4,500.00 and
discover the County is not purchasing the building. Commissioner Conway inquired as to whether the
work which will be completed through the MOU will be site specific or whether it can be applied to
various sites. Mr. Czaplewski stated the work will not necessarily be site specific; however, it will be
geared towards the area near the Training Center. Commissioner Garcia stated the MOUs with various
law enforcement agencies are not in place, which was a prerequisite to moving forward with this
project, to assure the Crime Laboratory will be staffed; therefore, he does not believe it is time to move
forward with the proposed MOU. Commissioner Kirkmeyer stated the timing is appropriate to move
forward with the proposed MOU because the information derived from it will be able to be utilized
wherever the Crime Laboratory is constructed, and it is necessary to obtain conceptual information
about the proposed Crime Laboratory before determining the site location. She stated the Sheriff
needs to obtain the cost estimates prior to being able to obtain the MOUs with the various law
enforcement agencies, and if the County is going to apply for a grant through the Department of Local
Affairs (DOLA), this is a very good first step because DOLA funds the CSU Intern Program. She stated
if the Board decides to approve this MOU, a commissioner is needed on the Steering Committee, and
she is willing to do it if none of the other Commissioners want to be on the Committee. Commissioner
Kirkmeyer further stated if she participates on the Committee, she insists on being the Chair person.
She stated the $4,500.00 should come from the $2,000,000.00 budgeted for the Crime Laboratory.
Chair Rademacher suggested Commissioner Conway participate on the Committee. Commissioner
Conway stated that he would appreciate Commissioner Kirkmeyer's involvement on the Committee.
He stated numerous locations are being considered for the Crime Laboratory at this point and he wants
to ensure the work completed through this MOU can be utilized regardless of the site which is selected.
Commissioner Kirkmeyer stated there will be a great deal of information which can be taken from the
conceptual work and utilized regardless of the site location, including the necessary work space sizes,
the electrical needs, how many people can be within a particular area, and which employees need their
work spaces near each other. Commissioner Conway concurred with Commissioner Kirkmeyer that
this MOU may assist the County in obtaining DOLA funding. Commissioner Garcia reiterated he does
not feel the timing for this MOU is appropriate, since too much remains undecided. In response to
Commissioner Conway, Mr. Czapleski reiterated it is the beginning of the summer and there is a limited
amount of time available to secure the best architecture students for this project. Commissioner
Kirkmeyer moved to approve said Memorandum of Understanding and authorize the Chair to sign, with
the condition that the Steering Committee is chaired by a commissioner. She stated Mr. Persichino
needs to attend all of the Steering Committee meetings. The motion was seconded by Commissioner
Conway. Upon the request for a roll call vote, the motion carried three (3) to one (1), with
Commissioner Garcia being opposed.
Minutes, May 17, 2010 2010-1034
Page 5 BC0016
CONSIDER ENGAGEMENT LETTER AGREEMENT AND STATEMENT OF WORK FOR WELD
COUNTY POSTRETIREMENT BENEFIT ACTUARIAL CONSULTING SERVICES AND AUTHORIZE
CHAIR TO SIGN - MERCER (US) INC.: Ms. Mika stated this is an Engagement Letter Agreement with
Mercer (US) Inc. for the oversight and administration of the County's postretirement benefits. She
stated when the County phases out the number of individuals who are able to retain health insurance
through the County after employment has ceased with the County to fewer than 100 individuals, the
agreement may be modified and will be less costly. Commissioner Kirkmeyer moved to approve said
Letter Agreement and Statement of Work and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER VETERAN SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION OF PAY
AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated this is the Veteran Service Officer's Monthly
Report for April, 2010, and the information is consistent with the work load and previous Reports which
have been processed. Commissioner Conway moved to approve said report and certification of pay
and authorize the Chair to sign. 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.
There being no further business, this meeting was adjourned at 9:41 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY,COLORADO
ATTEST:
■.uglas "ademach-r C)rair
Weld County Clerk to the Boar> ! 6I ! 4'9
r..n J
k CB�a tiara Kirkmeyer, P o-Tem
BY:
Dep Clerk to the =oard w •
Sean
P.47
\CIS F. Garcia
EXCUSED
David E. Long
Minutes, May 17, 2010 2010-1034
Page 6 BC0016
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