HomeMy WebLinkAbout20100104 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 13, 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, January 13, 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, Jennifer VanEgdom
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 11, 2010, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway indicated he recently attended
a Realizing Our Community (ROC) meeting, which discussed addressing the concerns related to the
refugees who have recently been relocated to Weld County and the City of Greeley. He stated there
are many outstanding issues, such as finding adequate interpreters for the Courts, etcetera; however,
the group is making progress by attempting to offset fiscal impacts. He confirmed an upcoming
meeting with the State will further discuss these issues. In response to Commissioner Conway,
Commissioner Long confirmed the State was not helpful during previous discussions held with the
Department of Human Services.
BIDS:
PRESENT BID #B1000024, THREE (3) PATROL VEHICLES - SHERIFF'S OFFICE: Monica Mika,
Director of Finance and Administration, presented the two vendors who submitted a bid into the record.
Said bid will be considered for approval on January 27, 2010. In response to Chair Rademacher, Ms.
Minutes, January 13, 2010 2010-0104
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Mika confirmed all of the vehicle purchases have been approved through the County Budget, with the
exception of one of these patrol vehicles, which is actually a replacement for a wrecked vehicle.
PRESENT BID #B1000025, THREE (3) CIVILIAN VEHICLES - SHERIFF'S OFFICE: Ms. Mika
presented the two vendors who submitted a bid for the record. Said bid will be considered for approval
on January 27, 2010.
PRESENT BID #B1000026, ONE (1) 4X4 SUV - SHERIFF'S OFFICE: Ms. Mika presented the four
vendors who submitted a bid for the record. Said bid will be considered for approval on January 27,
2010.
PRESENT BID #61000027, SUV OR SMALL CROSSOVER VEHICLE - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika presented the three vendors who submitted a bid for the record. Said bid will be
considered for approval on January 27, 2010. In response to Commissioner Conway, Ms. Mika
confirmed Spradley Barr presented two bids for two different types of vehicles.
PRESENT BID #B1000028, ONE (1) HALF-TON 4X4 EXTENDED CAB COMPACT SHORT BOX
PICKUP - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika presented the five vendors who
submitted a bid for the record. Said bid will be considered for approval on January 27, 2010.
PRESENT BID #B1000029, ONE (1) HALF-TON 4X4 EXTENDED CAB SHORT BOX PICKUP -
DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika presented the five vendors who submitted
a bid for the record. Said bid will be considered for approval on January 27, 2010.
PRESENT BID #B1000030, ONE (1) HALF-TON 4X4 EXTENDED SUPER CAB PICKUP -
CORONER'S OFFICE: Ms. Mika presented the five vendors who submitted a bid for the record. Said
bid will be considered for approval on January 27, 2010. In response to Chair Rademacher, Ms. Mika
confirmed this vehicle is not an addition; rather, it is a replacement for an older vehicle.
PRESENT BID #61000031, TWO (2) HALF-TON 4X4 EXTENDED CAB PICKUPS - DEPARTMENT
OF PUBLIC WORKS: Ms. Mika presented the six vendors who submitted a bid for the record. Said bid
will be considered for approval on January 27, 2010.
PRESENT BID #61000032, ONE (1) 3/4 TON 4X4 EXTENDED CAB PICKUP - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika presented the four vendors who submitted a bid for the record. Said bid
will be considered for approval on January 27, 2010.
PRESENT BID #B1000033, ONE (1) 3/4 TON 4X4 FULL SIZE REGULAR CAB PICKUP -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika presented the four vendors who submitted a bid for
the record. Said bid will be considered for approval on January 27, 2010.
PRESENT BID #B1000034, ONE (1) ONE-TON CREW CAB PICKUP WITH FLATBED -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika presented the two vendors who submitted a bid for the
record. Said bid will be considered for approval on January 27, 2010.
PRESENT BID #61000035, ONE (1) ONE-TON 4X4 PICKUP WITH CLUB CAB/SERVICE BODY -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika presented the two vendors who submitted a bid for the
record. Said bid will be considered for approval on January 27, 2010.
PRESENT BID #61000036, ONE (1) TANDEM TRUCK WITH PLOW/SANDER - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika presented the four vendors who submitted a bid for the record. Said bid
will be considered for approval on January 27, 2010.
Minutes, January 13, 2010 2010-0104
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PRESENT BID #B1000037, ONE (1) TANDEM TRUCK WITH ROCK BOX - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika presented the four vendors who submitted a bid for the record. Said bid
will be considered for approval on January 27, 2010. Responding to Chair Rademacher, Ms. Mika
confirmed she is unsure how to define a "rock box."
PRESENT BID #81000038, TRIPLE AXLE TRAILER - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika presented the five vendors who submitted a bid for the record. Said bid will be considered for
approval on January 27, 2010.
PRESENT BID #81000039, TWO (2) MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika presented the three vendors who submitted a bid for the record. Said bid will be considered
for approval on January 27, 2010.
PRESENT BID #B1000040, ONE (1) 20-TON SINGLE DRUM VIBRATORY ROLLER- DEPARTMENT
OF PUBLIC WORKS: Ms. Mika presented the five vendors who submitted a bid for the record. Said
bid will be considered for approval on January 27, 2010.
PRESENT BID #81000041, ONE (1) TRENCH PLATE VIBRATORY COMPACTOR - DEPARTMENT
OF PUBLIC WORKS: Ms. Mika presented the six vendors who submitted a bid for the record. Said bid
will be considered for approval on January 27, 2010.
PRESENT BID #B1000043, TWO (2) DIESEL PUMPS - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika presented the two vendors who submitted a bid for the record. Said bid will be considered for
approval on January 27, 2010.
PRESENT BID #B1000044, TWO (2) FLEX WING ROTARY MOWERS — DEPARTMENT OF PUBLIC
WORKS: Ms. Mika presented the three vendors who submitted a bid into the record. Said bid will be
considered for approval on January 27, 2010.
APPROVE BID #B0900170, LIGHTING UPGRADE FOR VARIOUS BUILDINGS - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Mika stated the bid was discussed within a previous work session,
regarding Weld County obtaining funds, through a grant application, to be utilized for energy savings.
She stated the work completed through the project includes the replacement of ballast lights within
several County buildings, as well as the replacement of boilers and associated HVAC work. Toby
Taylor, Buildings and Grounds, confirmed he completed an extensive review regarding the need to
replace the ballasts, and because American Recovery and Reinvestment Act (ARRA) grants funds are
being provided for this project, the County must be in compliance with the standards for energy savings
through the installation of the new equipment. He indicated the seven submitted bids were analyzed,
and staff recommends approval of the bid from Eckstine Electric. He explained the two lowest bids,
submitted by Standard Renewable Energy and Kennedy Electric were eliminated, since the required
bonds were not provided. He clarified the third low bid, submitted by Ryan Lighting Group, was an
adequate bid; however, the bid proposed utilizing Halco lighting fixtures. He further clarified he tried to
research the Halco brand, since he had never heard of it, and no local vendors or electricians he spoke
with had any history with the brand. He confirmed the quality of the product is not known, and staff was
concerned that it would be too risky to utilize a product which may need to be replaced and is not
carried by any local vendors. He indicated the bid submitted by Eckstine Electric proposes utilizing
Sylvania lighting fixtures, which will produce a 42 percent energy savings. In response to
Commissioner Conway, Mr. Taylor indicated the budget set aside for this project is much larger than
the cost proposed by the recommended vendor, and he confirmed 80 percent of the project cost may
be paid by utilizing the ARRA grant funding, therefore, the County is only responsible for 20 percent of
the overall projects costs. He further indicated the Xcel rebate will also help to reduce the overall cost
Minutes, January 13, 2010 2010-0104
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of the project. Chair Rademacher expressed his concerns regarding the wide financial spread of the
bid amounts provided, and he questioned whether the totals provided were comparable. In response,
Mr. Taylor indicated a technical breakdown of each bid was not provided; however, he speculates that
smaller companies, such as the other local vendor, tend to employ a smaller number of employees,
therefore the costs may be significantly increased if the employees were paid overtime while working
on this project. He confirmed he also has concerns that some of the vendors did not take all aspects of
the work associated with the project into consideration; however, he is confident with the bid submitted
by Eckstine Electric. In response to Commissioner Conway, Mr. Taylor confirmed the initial cost of the
project is essentially provided by taxpayers; however, research indicates the expected energy savings
of 42 percent is expected to payback the initial amount of County funds spent within just two years, and
the County will continue to experience savings on utility bills from that point on. Commissioner Garcia
moved to approve said bid, based upon staff's recommendation. Seconded by Commissioner Conway,
the motion carried unanimously.
NEW BUSINESS:
CONSIDER ASSIGNMENT AGREEMENT FOR ASSIGNMENT OF CONTRACT CONCERNING
PROMOTING RESPONSIBLE FATHERHOOD PROGRAM FROM WELD COUNTY DEPARTMENT
OF HUMAN SERVICES TO COMMUNITY DEVELOPMENT INSTITUTE AND AUTHORIZE CHAIR TO
SIGN: Bruce Barker, County Attorney, stated the agreement relates to the assignment of the
Promoting Responsible Fatherhood Program, which was previously overseen by the Head Start
Program, to Community Development Institute (CDI). He confirmed the agreement has been made
effective as of January 1, 2010, which is the date Weld County officially transferred the Head Start
Program to CDI. Commissioner Conway moved to approve said assignment agreement and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER AMENDMENT #5 TO SINGLE ENTRY POINT CONTRACT FOR OPTIONS FOR LONG
TERM CARE AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of Human
Services, stated the amendment encompasses the necessary requirements which must be
implemented, due to the utilization of ARRA funds, and she recommended approval of the amendment.
Commissioner Long moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES - EL
CENTENARIO NIGHT CLUB, INC., DBA EL CENTENARIO NIGHT CLUB: Mr. Barker stated the
application is for the annual dance license, which will be for calendar year 2010. He confirmed this
establishment was previously known as Sipres Lounge, outside of the Town of Brighton, and the liquor
license was transferred in November, 2009. Commissioner Long moved to approve said application.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CAMPUS POLICE OFFICER PROGRAM
AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE: Alan Caldwell, Sheriff's Office,
stated the agreement is for a term of January 7, 2010, through January 5, 2011, and this is the third
year in which the Sheriff's Office has contracted with AIMS. He indicated the total payment for
services, in the amount of $204,413.44, does adequately cover the necessary costs, and a good
working relationship exists between AIMS and the Sheriff's Office. Commissioner Kirkmeyer indicated
the direct hourly cost is not referenced within the agreement, and in response, Commander Caldwell
indicated when the service hours are broken down, the hourly rate actually exceeds the Board's
recommendation of $51.00 per hour. He confirmed the flat rate for 2010 was calculated so that past
costs could be recouped with the excess hourly funds. Responding to Commissioner Conway,
Commander Caldwell confirmed the Sheriff's Office is not directly competing with other security
providers regarding this position, and AIMS is specifically seeking an armed officer to provide security
services when students are on the campus. He confirmed Wackenhut Security Company provides a
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security presence during night-time hours. Commissioner Conway clarified, for the record, the Board of
Trustees for AIMS have specifically requested an armed officer be present on campus during normal
class hours. Commissioner Kirkmeyer clarified that AIMS is considered to be a political subdivision of
the State, and not a private entity/business, therefore, no conflict of interest exists for this agreement.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - J. ARTHUR LEASING, LLC:
Upon discussion with the Acting Clerk to the Board, Commissioner Kirkmeyer moved to continue the
matter to January 25, 2010. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SMITH CHIRO BROS: Based
upon the previous discussion, Commissioner Kirkmeyer moved to continue the matter to January 25,
2010. Commissioner Conway seconded the motion, and it carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO CR 13 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -
BARBARA CALKINS TRUST: Leon Sievers, Department of Public Works, stated this is the fifth of
seven parcels to be acquired for the County Road 13 project. He indicated this parcel is located on the
west side of County Road 13, one-half mile north of County Road 54. He clarified the County will be
acquiring 0.414 acre of right-of-way, in the amount of $4,968.00, based upon an appraisal report
prepared by Foster Valuation Company. He stated the County will also acquire 0.354 acre of
permanent easement, in the amount of $2,124.00, which is 50 percent of the land value, and an
amount of $8,715.00 will be provided to the landowner for the purposes of removing and replacing the
existing fence. He confirmed the landowner was a cooperative seller, and the total compensation for
this parcel is in the amount of $15,807.00. In response to Chair Rademacher, Mr. Sievers indicated the
fence is approximately 2,500 feet in length, and clarified portions of the fence are wood, and a portion is
three-strand barbed wire. He confirmed the reimbursement costs were based upon the estimate given
by Ideal Fencing Company. Commissioner Kirkmeyer moved to approve said agreement and authorize
the Chair to sign any necessary documents. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 23 BETWEEN CRS 6 AND 8: Janet Carter, Department
of Public Works, stated County Road 23, between County Roads 6 and 8, will be closed from
January 18, to January 29, 2010, for a bridge replacement. She indicated the average daily traffic
count, taken in 2006, was approximately 428 vehicles, and the Department intends to provide
magnesium chloride on County Road 8, to help with dust control. She confirmed the standard road
signs, barricades, and message boards will be utilized to warn motorists of this closure. Commissioner
Garcia moved to approve said temporary closure. Seconded by Commissioner Conway, the motion
carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 19 BETWEEN CRS 22 AND
24 AND BETWEEN CRS 26 AND 28: Ms. Carter stated the Department has been working with the
Town of Firestone regarding this intersection, which has been deemed to be a hazardous location. She
stated the intent is to slow down the traffic as it is approaching the intersection of County Roads 19 and
24, and the Town will actually be installing the signs; however, the Department will issue the necessary
permits. She clarified the intersection has experienced 25 vehicular accidents within the past seven
years, resulting in twelve injuries and four fatalities. In response to Chair Rademacher, Ms. Carter
confirmed the intersection does not currently meet the criteria for the installation of a four-way Stop
sign, and the installation of a traffic signal was researched; however, the warrant analysis through the
traffic study was not met. She clarified the reduction of the speed limit on County Road 19 is one way
the Department may help to reduce the probability of accidents within the area. Further responding to
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Chair Rademacher, Ms. Carter clarified there will not be Stop signs added along County Road 19,
rather, the speed limit will be reduced to 45 miles per hour, in order to help slow down vehicles before
entering the intersection. She indicated the 85th percentile of speed is approximately 62 miles per
hour, which is very fast for the area.
Dave Lindsay, Town of Firestone, clarified the accident records were reviewed during the traffic study,
and it was determined that a majority of the accidents were caused by drivers rolling through the
existing Stop sign on County Road 24. He confirmed the intersection was evaluated for the installation
of a four-way Stop sign, in conjunction with a five-year projection; however, the Town has serious
concerns regarding the installation. He indicated the purpose of the speed limit reduction is to try and
alert drivers on County Road 19 to be aware that the intersection with County Road 24 is a major
intersection, in order to reduce the chance of collisions. He clarified if the drivers are traveling slower
on County Road 19, they will be better equipped to avoid hitting any vehicles which are missing the
Stop sign on County Road 24.
Chair Rademacher confirmed he is familiar with the intersection, and all of the people who have been
involved in traffic accidents at this intersection are local residents. Mr. Lindsay confirmed the
intersection contains adequate sight distance, and there are no physical problems with the intersection.
Commissioner Kirkmeyer indicated the Department typically follows the Manual Uniform on Traffic
Control Devices (MUTCD) and posts the speed limit of a road within five miles per hour of the 85th
percentile of traffic speed, therefore, she questions why the Department is recommending a reduction
of the speed limit to 45 miles per hour. In response, Ms. Carter confirmed the MUTCD also takes road
geometry and accidents records into consideration. She clarified larger Stop signs and rumble strips
have already been installed at the intersection; however, there is a continued problem, therefore,
reducing the speed limit is warranted, even though it does not meet the 85th percentile criteria.
Commissioner Kirkmeyer suggested the Department install signs along County Road 19 which indicate
"Dangerous Intersection", and in response, Mr. Lindsay confirmed these types of signs have been
proposed to be added, in order to alert drivers; however, the signs have not yet been installed. Chair
Rademacher confirmed drivers travel very fast on this road, and he understands it is utilized as a haul
route for dairies and other agricultural operations in the surrounding area. Mr. Lindsay confirmed the
road presents a unique situation, and the Town is opposed to a four-way Stop sign because it has the
potential to create additional traffic accidents at the intersection.
In response to Commissioner Kirkmeyer, Ms. Carter confirmed all of the necessary signs will be
installed by the Town of Firestone, and through this Resolution, the County is approving the addition of
the signs along the sections of County Road 19 that it maintains. Responding to Chair Rademacher,
Mr. Lindsay clarified County Road 19, between County Roads 24 and 26, has been annexed by the
Town of Firestone, and Weld County has jurisdiction between County Roads 22 and 24, and County
Roads 26 and 28. Commissioner Kirkmeyer reiterated it is necessary for Weld County to install
additional signs warning of a dangerous intersection on County Road 19, and Ms. Carter concurred.
Mr. Lindsay confirmed the addition of the signs is to heighten awareness for drivers, and he clarified a
speed reduction warning sign will be installed, with a flashing yellow light, before the reduced speed
limit sign is installed in each direction. Responding to Chair Rademacher, Ms. Carter confirmed the
speed will be reduced for one mile in each direction on County Road 19. Commissioner Kirkmeyer
moved to approve said installation. Seconded by Commissioner Garcia, the motion carried
unanimously.
CONSIDER REQUEST FOR RELEASE DEED OF TRUST FOR TSE INVESTMENTS, LLC, AND
AUTHORIZE CHAIR TO SIGN: Mr. Barker stated, on July 29, 1996, a Deed of Trust was completed for
TSE Investments, LLC, for transfer of property within the North Business Park. He confirmed the
company has remained on the property for the full period of time, therefore, the Deed may now be
released. He clarified the companies which have entered into a similar Deed of Trust typically request
Minutes, January 13, 2010 2010-0104
Page 6 BC0016
the release at the time of refinancing; however, it was not necessary for this company to complete any
refinancing, therefore, upon discussion with Don Warden, it was determined the agreement is complete
and may be released. Commissioner Kirkmeyer moved to approve said request for release and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER APPOINTMENT TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD:
Commissioner Conway moved to appoint Jim Burack to the 911 Emergency Telephone Service
Authority Board as the Weld County Law Enforcement representative, with a term to commence
January 12, 2010, and expire January 10, 2012. Seconded by Commissioner Kirkmeyer, 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 9:45 a.m.
Ia% BOARD OF COUNTY COMMISSIONERS
�' II Ca WELD COUNTY, COLORADO
ATTEST: • lir: v /n ,�et►ppp�c -cww-/�✓
1 ;Q' �yjgl�is Radema her, Chair
Weld County Clerk to the Board f1/4--tie-
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i I I C" J. . N"A\ rbara Kirkmeyer, P -Tem
BY. j�l 1 Cz i 1 C� . CY6
Dep y Cler to the Board �--------,
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William F. arcia
David E. Long 7'
Minutes, January 13, 2010 2010-0104
Page 7 BC0016
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