HomeMy WebLinkAbout20091451.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 22, 2009
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, June 22, 2009, 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 William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of June 17, 2009, as printed. Commissioner Rademacher seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of
Hearings conducted on June 16, 2009, as follows: 1) Violation Hearings; and on June 17, 2009:
1) 2ndAmUSR #897 - Aggregate lndustries-WCR, Inc.; 2) USR #1684 - Zapien Bros. Concrete, Inc.; and
3) USR #1697 - Wade and Shannon Lutz. Commissioner Conway seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
(Clerk's Note: Upon adjournment of the meeting, a discussion commenced regarding Miscellaneous
Item #2: Change Order #3 for Weld County Courts Phase 4 - Growling Bear Construction, Inc.
Pat Persichino, Director, Department of Public Works, explained the Change Order is in an excess of
$10,000.00, and he was under the impression that change orders exceeding $10,000.00 must be
discussed as new items of business.
2009-1451
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Elizabeth Strong, Acting Clerk to the Board, explained the reason the Change Order was listed on the
Consent Agenda is because it is the result of a bid process; however, the rules may be adjusted if
Mr. Persichino would prefer to bring change orders exceeding $10,000.00 before the Board as new items
of business. She indicated some agreements and change orders, which are the result of bids, are
presented as new items of business when the amount exceeds $50,000.00; however, the amount at which
they are considered may be changed to $10,000.00.
Bruce Barker, County Attorney, stated the item has already been approved on the Consent Agenda;
however, the Board may choose to remove the item from the Consent Agenda and consider it as a new
item of business. Mr. Persichino indicated he believes the $50,000.00 threshold applies to road projects,
not building projects, and that $10,000.00 is the threshold for all other projects; however, he would be in
favor of a $50,000.00 threshold being applicable to all types of projects. Mr. Barker stated he believes
there is a $10,000.00 threshold in some cases and he will investigate the matter.
In response to Commissioner Rademacher, Toby Taylor, Department of Buildings and Grounds, stated
the Change Order is the result of fourteen changes, including the relocation of a bench, changes to the
elevator tower, and electrical problems. Mr. Taylor stated there will be another change order related to
electricity for the elevator tower and electrical outlets in the near future. Commissioner Rademacher stated
he is concerned that some of these issues were not addressed earlier in the process. Mr. Persichino
stated most of the issues were unknown conditions. He stated the elevator manufacturer changed the
specifications after the County had checked its specifications.
Commissioner Conway stated he has noticed a lot of damage to the lawn outside of the Centennial Center
as a result of construction and he inquired if there are terms in the contract requiring the construction
company to remedy the problem. Mr. Persichino stated the contract does address Commissioner
Conway's concern.
Mr. Persichino inquired as to how the Board would like to handle change orders in the future. Mr. Barker
stated he will research the rules and the corresponding threshold amounts. There was no action deemed
necessary.)
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
PRESENT BID #60900036, TANDEM TRUCK TRACTORS WITH WET KITS - DEPARTMENT OF
PUBLIC WORKS: Monica Mika, Director of Administrative Services, stated some of the items will be
presented to the Board for a second time this year, as a result of following the procurement process that
is required in order for the County to obtain the partial Energy Impact Grant funding it qualified for.
Ms. Mika clarified not all of the items being considered today are connected to the Energy Impact Grant
funds; however, many of the items are. She stated four vendors submitted bids, the apparent low bid is
from Transwest Trucks, and said bid will be presented for approval on July 6, 2009. Commissioner
Rademacher inquired if 150 days to deliver the items is an acceptable time frame. Ms. Mika stated she
is unsure; however, staff in the Department of Public Works is reviewing the bid proposals and will advise
the Board of their recommendations. Commissioner Conway stated the vendors provided two different
types of vehicles in the bid proposals, and he inquired as to which type of vehicle will be selected.
Ms. Mika stated she is unsure; however, she believes there are two different specific needs for each of the
trucks, and one vehicle is needed for the Bridge Division and one for the Pavement Management Division.
In response to Chair Garcia, Ms. Mika stated staff will research if the trucks will meet their needs.
PRESENT BID#60900037, TANDEM TRUCK WITH HOIST AND FLATBED - DEPARTMENT OF PUBLIC
WORKS: Ms. Mika stated the apparent low bid for this item is from Transwest Trucks. Commissioner
Minutes, June 22, 2009 2009-1451
Page 2 BC0016
Conway stated there appears to be an extra 20 days required for the delivery of the vehicle from Transwest
Trucks and he inquired if 20 days is a significant amount of time to wait for this type of vehicle. Ms. Mika
stated the Department has already waited for a significant amount of time since it is much further into the
year than it normally is when this type of equipment is purchased; therefore, it may not be able to wait any
longer to obtain the equipment; however, staff will advise the Board of its recommendations when the bids
are presented for approval on July 6, 2009.
PRESENT BID #60900039, TANDEM AXLE DUMP TRUCK - DEPARTMENT OF PUBLIC WORKS:
Ms. Mika stated this vehicle is for the Bridge Division and the apparent low bid is from Colorado Mack
Sales and Services, and in this bid, like the previous ones, there is disparity between the delivery times
for the low and high bids. Commissioner Conway inquired if the two trucks offered by Colorado Mack
Sales and Service are the same makes and models. Chair Garcia stated one of the vehicles may differ
slightly from the other and Ms. Mika concurred. Chair Garcia stated said bid will be presented for approval
on July 6, 2009.
PRESENT BID #60900040, DRY BOX VAN TRAILER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated the item is for the Mining Division and the apparent low bid was submitted by Transwest Trucks;
however, bids were submitted for used pieces of equipment, and the Department is researching if the used
equipment will be able to meet its needs. Chair Garcia stated he is glad staff is considering used
alternatives, and said bid will be presented for approval on July 6, 2009.
PRESENT BID #60900042, 4X4 HEAVY DUTY TRUCK DUAL WHEELS - 12 -FOOT FLATBED WITH
CARGO PANELS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated said bid will be presented for
approval on July 6, 2009.
PRESENT BID#60900041, QUAD AXLE PUP TRAILER - DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated there is a large difference between the prices; however, the low bid is for a 2006 vehicle.
Commissioner Long inquired as to if the 2006 vehicle is used or new. Ms. Mika stated it does not indicate
the vehicle is used on the bid proposal; therefore, she assumes it is not. Chair Garcia stated said bid will
be considered for approval on July 6, 2009.
PRESENT BID #60900043, 55 TON HYDRAULIC FOLDING DOUBLE DROP DECK TRAILER -
DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated the apparent low bid is from Holden Industries,
Inc.; however, there are several makes, models, and delivery times listed. Commissioner Long inquired
as to if all of the items meet the bid specifications. Ms. Mika stated she is unsure; however, staff from the
Department of Public Works will verify the equipment meets the bid specifications. Chair Garcia stated
said bid will be presented for approval on July 6, 2009.
PRESENT BID #60900044, MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS: Ms. Mika stated
three vendors submitted a bid for these items. Commissioner Long stated he is interested in knowing how
much it costs to repair and maintain these items. Chair Garcia stated said bid will be presented for
approval on July 6, 2009.
PRESENT BID #B0900045, 25 TON PNEUMATIC TIRE ROLLER COMPACTOR - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika stated this item is for the Grader Division, the apparent low bid is from Power
Equipment Company, and said bid will be presented for approval on July 6, 2009.
PRESENT BID #60900046, DIESEL GENERATOR SET- DEPARTMENT OF PUBLIC WORKS: Ms. Mika
stated the equipment is for the Mining Division, staff is considering used equipment for this bid, and the
apparent low bid for new equipment is from Colorado Stand -By. Chair Garcia said bid will be presented
for approval on July 6, 2009.
Minutes, June 22, 2009 2009-1451
Page 3 BC0016
PRESENT AND APPROVE BID #B0900104, FORKLIFT - DEPARTMENT OF PRINTING AND SUPPLY:
Ms. Mika stated this is an emergency bid request and it is for the replacement of an existing piece of
equipment. She stated it is a used piece of equipment; therefore, it is only available on a first come, first
serve basis and staff has requested the emergency approval so it may purchase the item before another
buyer obtains it. Chair Garcia inquired if the equipment has been inspected. Ms. Mika stated staff test
drove the forklift. She further stated Toby Taylor, Department of Buildings and Grounds, and Barb
Connolly, Controller, worked hard with the Department of Printing and Supply on this bid in examining
alternative solutions and cost-effectiveness. She commended Mr. Taylor and Ms. Connolly for the
additional effort they put forth to research the bid.
Ms. Connolly stated staff test drove several pieces of equipment and determined this one will meet the
Department's needs best.
Commissioner Long moved to approve said low bid, in the amount of $10,345.00, from Western Material
Handling. Seconded by Commissioner Conway, the motion carried unanimously.
APPROVE BID #B0900119, SPRINKLER AND SOD PROJECT FOR WELD COUNTY PARAMEDIC
SERVICE BUILDING - DEPARTMENT OF BUILDING AND GROUNDS: Ms. Mika stated this bid was
presented to the Board on June 8, 2009, and today it is being considered for approval. She stated staff
recommends acceptance of the low bid from Northern Colorado Lawn and Sprinkler. She stated
acceptance of this bid will complete the sod and landscaping project at the Paramedic Service Building.
Commissioner Rademacher stated there is a large discrepancy between the amount of the bids, and he
inquired if references have been checked for the company. Ms. Mika stated staff has checked references,
and the references indicated the company will do a good job. She stated the company is expanding into
commercial work, due to the current economic recession, rather than only performing residential projects.
In response to Commissioner Rademacher, Mr. Taylor stated there will be a one-year warranty for the
sprinkler system. Commissioner Long stated he is concerned whether the company will use commercial
or residential parts for the project. Ms. Mika stated the actual bid specified a commercial expectation. In
response to Commissioner Conway, Ms. Mika clarified the company understood the project they were
bidding for. Commissioner Rademacher moved to approve said low bid, in the amount of $12,568.00, from
Northern Colorado Lawn and Sprinkler. Seconded by Commissioner Conway, the motion carried
unanimously.
OLD BUSINESS:
CONSIDER RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (U.S.A.)
PIPELINE COMPANY (CON'T FROM 6/17/09): Leon Sievers, Department of Public Works, stated the
matter was presented on June 17, 2009, and the documents have since been revised, to satisfy the
Board's concerns, and returned to Suncor Energy (U.S.A.) Pipeline Company for signatures; however, the
documents have not been returned to staff. Mr. Sievers stated he does not expect the documents to be
returned for three to four weeks.
Bruce Barker, County Attorney, recommended the Board refer the matter back to staff and then after they
have secured a signed copy of the revised easement agreement, it may be placed on the agenda.
Commissioner Conway moved to refer said matter back to staff. Seconded by Commissioner
Rademacher, the motion carried unanimously.
NEW BUSINESS:
CONSIDER MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451 WITH
VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human
Services, stated this Memorandum of Understanding is for the continuation of an ongoing collaborative
Minutes, June 22, 2009 2009-1451
Page 4 BC0016
agreement, pursuant to House Bill 04-1451, with the Juvenile Assessment Center (JAC). Ms. Griego
stated the term of the memorandum is July 1, 2009, through June 30, 2010, and it is anticipated to serve
4,608 youth. She stated due to the current economic conditions and as a means to maintain community
collaborative activities and services, the JAC Board of Directors decided on June 4, 2009, to utilize House
Bill 04-1451 Earned Incentive Funds to offset local cash contributions for the 2009-2010 year, in the
amount of $229,713.00. Commissioner Conway moved to approve said Memorandum of Understanding
and authorize the Chair to sign. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF
COUNTY ROADS 92 AND 96 AND AUTHORIZE CHAIR TO SIGN - PETRO-CANADA RESOURCES
(USA) INC.: Donald Carroll, Department of Public Works, stated Walsh Production, Inc., was the original
operator in this area, which is located north of the Town of New Raymer. Mr. Carroll stated the agreement
will provide access for Petro -Canada Resources (USA) Inc., to access all of its sites and wells. He stated
staff sent letters to the adjacent property owners and did not receive any indication of opposition to the
agreement. He further stated staff has researched the surrounding right-of-way and has determined the
County possesses adjacent right-of-way, which may be used to provide Petro -Canada Resources
(USA) Inc., access to the sites. Commissioner Rademacher inquired as to how much it will cost to bring
the roads up to standard. Mr. Carroll stated there will be no cost to the County, and Petro -Canada
Resources (USA) Inc., will be taking over the maintenance of the roads from Walsh Production, Inc.
Further responding to Commissioner Rademacher, Mr. Carroll stated the roads will remain public
right-of-way; however, he does not believe the roads must be constructed to County standards or that the
County has any liability if the roads are not up to County standards. Mr. Barker concurred with Mr. Carroll
and stated there are two reasons the County is not liable; the exclusive license easement provides
complete indemnity to the County and the County has immunity granted by State statute. Commissioner
Long stated these types of agreements are largely to promote awareness for those utilizing the roads to
notify them the County will not be upgrading or maintaining the roads. In response to Commissioner Long,
Mr. Carroll stated Kobe Van Cleave was one of the surrounding property owners who received a
notification. Commissioner Long moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON MORRIS AT PATRICK AND
WOODRUFF: Janet Carter, Department of Public Works, stated the stop signs will be placed on
intersections which are located in Aristocrat Ranchettes, and both of the intersections have recently been
upgraded from alleys and driveways to County road standards. Ms. Carter stated staff recommends
installation of the stop signs to promote consistency in the area, since it is a subdivision area and all of the
other intersections are controlled. In response to Commissioner Rademacher, Ms. Carter stated the
intersection at Patrick and Morris is a t -intersection and the intersection at Woodruff and Morris would be
a 4 -way intersection; however, only eastbound and westbound traffic on Morris will have stop signs.
Commissioner Rademacher moved to approve said installation of traffic control devices. Commissioner
Long seconded the motion.
In response to Commissioner Conway, Ms. Carter stated the Technical Advisory Committee (TAC) meeting
she attended went well. She stated the attendees did not delve into individual projects; however, she
requested TAC provide her with copies of all of the projects, and she is supposed to receive information
from the North Front Range Metropolitan Planning Organization (MPO) this week. She further stated the
County should be considering if projects are benefitting the region versus individual communities.
Ms. Carter stated the MPO received new funding for the Congestion Mitigation and Air Quality (CMAQ)
Program and the Surface Transportation Program (STP), and TAC voted to submit a recommendation to
the County Council that new projects be considered for the CMAQ funds; however, the STP funds will not
be used for new projects. She stated there was no decision regarding the ranking of the projects at this
time; however, it will occur at the TAC meeting on July 14, 2009. In response to Commissioner Conway,
Minutes, June 22, 2009 2009-1451
Page 5 BC0016
Ms. Carter stated Dennis Wagner, Town of Windsor, and Amelia Tuttle, Town of Severance, were present.
She stated there were also discussions regarding altering the current criteria to even the playing field for
all of the communities. Commissioner Conway thanked Ms. Carter for her efforts.
CONSIDER TEMPORARY CLOSURE OF CR 14.5 BETWEEN CR 23 AND U.S. HIGHWAY 85:
Ms. Carter stated the closure will commence July 6, 2009, through July 10, 2009, and is to replace a bridge
deck. She stated the detour route is paved, and the average daily traffic count for County Road 14.5 is
592 vehicles, according to a 2002 traffic count. She stated road signs and barricades will be used to
advise drivers of the closure, and message boards will be placed in advance. Commissioner Rademacher
stated it seems to be too short of a time frame to complete the project. Ms. Carter stated she believes the
crews can handle it, since the crews set the time frame for the project. She further stated the crews tend
to give conservative estimates and the bridge is small in size. In response to Commissioner Rademacher,
Ms. Carter stated water will continue to flow under the bridge while the work is performed, and staff strives
to avoid performing projects that will interfere with irrigation water during this season. Commissioner
Rademacher moved to approve said temporary closure. Seconded by Commissioner Long, the motion
carried unanimously.
CONSIDER EXTENSION OF DEADLINE FOR SUBMITTAL OF DOCUMENTS IN RESPONSE TO
QUINQUENNIAL REVIEW FOR BEEBE DRAW METROPOLITAN DISTRICTS NOS. 1 AND 2: Mr. Barker
stated in late April, 2009, the Board approved a Resolution which directed the Beebe Draw Metropolitan
Districts Nos. 1 and 2 to provide applications for a quinquennial review, and State statute indicates the
applications must be submitted within 60 days after receipt of the request, and the Districts received the
request on May 6, 2009; however, the Districts have requested a 30 -day extension to August 6, 2009, to
submit the documents. He recommended granting the 30 -day extension and continuing the matter to
August 6, 2009, and he indicated he does not believe any additional extensions will be requested from the
Districts. In response to Chair Garcia, Mr. Barker stated this is the first request the Districts have made
for an extension. Commissioner Rademacher moved to extend the deadline for submittal of the requested
documents to August 6, 2009. Commissioner Long seconded the motion. In response to Commissioner
Conway, Mr. Barker clarified the purpose of extending the deadline is to be able to receive the most
accurate and complete information available. There being no further discussion, the motion carried
unanimously.
PLANNING:
CONSIDER RECORDED EXEMPTION #4911 - EDWARD AND JANET SCHMIDT (CON'T FROM
6/15/09): Jacqueline Hatch, Department of Planning Services, stated Edward Schmidt, applicant, has
requested that the matter be referred back to staff because there are some legal issues he would like to
resolve prior to the consideration of the application, and staff is in support of the request. Commissioner
Conway moved to refer the matter back to staff. Seconded by Commissioner Long, 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.
Minutes, June 22, 2009 2009-1451
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:43 a.m.
Weld County Clerk to the Board
C
BOARD QF C TY COMMISSIONERS
WELD OLORADO
Sean P. Conway
EXCUSED
Berra Kirkmeyer
cTJ
David E. Long
Minutes, June 22, 2009 2009-1451
Page 7 BC0016
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