HomeMy WebLinkAbout20093018.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 16, 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, November 16, 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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of November 9, 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 November 10, 2009, as follows: 1) Violation Hearings. Commissioner Conway
seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Conway moved to add the following under New
Business: 4) Consider Relinquishment of Weld County Head Start Grant and Migrant and Seasonal
Head Start Grant and authorize Chair to sign any necessary documents. Commissioner Rademacher
seconded the motion, which carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
BIDS:
APPROVE BID #B0900162, REMODEL OF HUMAN SERVICES BUILDING - DEPARTMENT OF
FINANCE/BUILDINGS AND GROUNDS: Monica Mika, Director of Administrative Services, stated this
bid is for the remodel of the old Human Services building located at 1551 North 17th Avenue, Greeley,
Colorado. She stated the improvements will include office space, conference rooms, and an on -site
medical clinic for County employees. She stated thirteen bid proposals were received, and upon
Minutes, November 16, 2009
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2009-3018
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review, staff recommends approval of the low bid from Robert Shreve Architects and Planners, in the
amount of 3.75 percent of construction cost. Ms. Mika stated the recommended vendor submitted the
proposed fee as a percentage of construction, and the next lowest bid was submitted by Bley and
Associates, which also submitted a percentage of construction at 3.97 percent. She stated Robert
Shreve submitted 21 examples of similar type construction, and the next lowest bidder submitted
examples of two medical clinics, two phased jail projects, and six general governmental buildings. She
further stated staff endeavors to select the most appropriate firm to carry out the intended purpose, and
staff believes Robert Shreve demonstrated the best ability to complete this project.
Loren Bley, Bley Associates, submitted a packet and a summary of his comments, marked Exhibits A
and B, and questioned the intent of the proposal. He stated the posting shows the option of a lump
sum fee or a percentage fee. He referred to the second page of his packet and stated the lump sum
fee and percentage are linked to an assumed budget, and he indicated the request was not clearly
posted requesting a bid of 3.75 percent of any construction cost. Mr. Bley commented that there is a
wide disparity between the lump sum amount and the percentage, which he does not feel meets the
intent. He also questioned why a proposer would give an elaborate breakout of fees if the lump sum
has no relevance to the bid, and noted the first work scope item was not added into the lump sum. He
stated the owner currently has ink Mylar drawings to work with; however, he is prepared to provide
electronic drawings, with an additional cost of $1,620.00, for a total percentage cost of 3.91 percent of
the proposed construction cost. Mr. Bley also expressed concern with the apparent oversight in not
posting the Bley Associates bid in the proposal document. He stated the schematic deliverables are at
four -tenths of a percent, which is more competitive and complete than the proposed vendor, with no
exceptions. He questioned the intent of the recommended vendor, and asked whether it was an
estimate or a bid; fixed fee or percentage of construction on an undisclosed, unadvertised construction
budget. He stated it was clear at the walk through with Toby Taylor, Department of Buildings and
Grounds, that there was not an intentional budget at this time, and yet the proposer has an estimated
construction cost of $1,020,000.00. Mr. Bley stated the submittal by the proposed vendor is conflicting,
confusing, incomplete, and compromises consideration of the contract award. He stated his bid is
unencumbered in every detail and it represents the clearest and most competitive response to the
intent and the required deliverables of the request. He stated his bid is 3.9 percent for all consulting
services and components of the process. He added Bley Associates is an architect, as well as a
licensed contractor; therefore, they are able to be involved in design and build -out of tenant spaces. He
referenced several of his prior projects, stated he does not feel the County should spend anywhere
near the amount estimated by the recommended vendor, and requested reconsideration of his
proposal. There being no further comments, Chair Garcia closed public testimony.
In response to the Board's request to respond to Mr. Bley's comments, Ms. Mika stated staff not only
compared the two lowest bids; rather, they reviewed all bids submitted in relation to the proposed
project. She stated the requested proposal stated the County wanted this to be bid as a percentage of
construction, and she concurred with Mr. Bley that a budget of construction costs was not specified
because it is uncertain at this time. She stated several vendors, including the two low bidders, went
through and gave a typical construction cost and then proposed what their overall percentage of
construction would be. Ms. Mika stated the requirements of the proposal also included a provision
which allowed an optional fee structure, which was used by the low bidder in delineating the various
components. She stated she appreciates the comments submitted by Mr. Bley; however, she
maintained the proposal from Robert Shreve demonstrated the low bid, as well as the ability to carry
out the project in an economical fashion to create the best product for Weld County citizens and County
employees.
In response to Commissioner Rademacher, Mr. Taylor indicated he had no further comments to add.
Responding to Commissioner Conway, Ms. Mika reiterated staff is recommending acceptance of the
Minutes, November 16, 2009 2009-3018
Page 2 BC0016
low bid, in the amount of 3.75 percent of construction cost. She added the Board is not always
compelled to go with the low bid, but in this instance she feels the low bid does represent proven ability
and quality to carry out the requested project. Chair Garcia indicated both of the low bidders are local
vendors and the County has done business with both firms in the past. Commissioner Rademacher
moved to accept the low bid, as recommended by staff. Commissioner Conway seconded the motion,
and thanked Mr. Bley for attending and raising good questions for the Board's consideration. There
being no further comments, the motion carried unanimously.
OLD BUSINESS:
CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED
BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM
11/2/09): Dr. Mark Wallace, Director of Department of Public Health and Environment, requested a
continuance of this matter until November 23, 2009, to allow adequate time for a work session to
discuss the proposed fee revisions. Commissioner Rademacher moved to continue consideration of
said matter until November 23, 2009, as requested by staff. Commissioner Conway seconded the
motion, which carried unanimously.
CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT (CON'T FROM 11/2/09): Based on the previous discussion,
Commissioner Conway moved to continue consideration of the revised fee schedule for fees collected
by the Department of Public Health and Environment until November 23, 2009. Commissioner
Rademacher seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER 2009 SECTORS IMPLEMENTATION GRANT APPLICATION FOR SUSTAINABLE
MANUFACTURING SECTOR IN WELD AND ADAMS COUNTIES AND AUTHORIZE CHAIR TO
SIGN: Judy Griego, Director of Department of Human Services, stated this plan will be submitted to the
Colorado Department of Labor and Employment, requesting $225,000.00 to be available for a term
ending June 30, 2012. She stated the County previously submitted a planning grant in March, and is
now requesting an extension until April 10, 2010, to allow additional time to expend the remaining
$20,000.00 in grant funds. Ms. Griego acknowledged the plan is being submitted prior to finalization of
the plan in order to meet the submittal deadline, and the State is aware that there will not be a complete
implementation plan until April 2010. She confirmed the final implementation plan will be presented to
the Board in collaboration with the various partners that are involved. In response to Chair Garcia,
Ms. Griego stated a portion of the funds will be used to pay the Upstate Economic Development person
who helps manage the grant. She explained the overall $225,000.00 will not be expended until the final
Plan is presented, which will include any continued training, as well as any of the other strategies that
are put together under this implementation plan. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously.
CONSIDER AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - INTRADO INC.:
Dave Mathis, Weld County Regional Communications Center, stated this is a new agreement on behalf
of the E911 Authority Board and Intrado, Inc., for providing upgraded reverse 911 notification services.
He stated the County has contracted with Intrado for approximately seven years, and he is looking
forward to continued services with them. In response to Chair Garcia, Mr. Mathis agreed that this
agreement will provide additional services, as indicated in the pricing details, including a voluntary sign
up for citizens to enter in the contact information for their wireless devices at no cost. He stated the
pricing model has also been adjusted and the County has been offered a package including 440,000
usage units. He explained the delivery of one text message or one thirty-second voice message
equates to one usage unit. Mr. Mathis stated the Communications Center has used less than 100,000
Minutes, November 16, 2009 2009-3018
Page 3 BC0016
usage units during the past seven years, and the proposed package will cost $2,000.00 per 10,000
units. Mr. Mathis further stated a five-year subscription will cost approximately $132,000.00; however,
that may vary slightly if the number of wire -line subscriptions continues to decrease. In response to
Chair Garcia, Mr. Mathis stated the existing contract requires a payment of .025 cents per telephone
number, and each reverse notification costs 23 cents per unit, therefore, the new contract will result in a
cost savings for the County. In response to Commissioner Conway, Mr. Mathis stated the agreement
has a five-year term; however, there is an annual renewal clause if modifications are necessary.
Ms. Mika stated the County has been awarded Community Development Block Grant funds to help
purchase the units, the use of the units will be spread over the five-year term, and the agreement does
allow for delivery adjustments to account for upgrades in technology. In response to Commissioner
Conway, Mr. Mathis stated he is confident Intrado, Inc., will stay abreast of the technology field, since
they are the manager for the local 911 system, which has 99.9 percent reliability. In response to Chair
Garcia, Mr. Mathis stated the County has been using the upgraded Intrado system while negotiating the
agreement, and he is comfortable that they are diligent in working to meet the County's needs and
demands. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
CONSIDER PARKING LICENSE AGREEMENT AND AUTHORIZE CHAIR TO SIGN: Mr. Barker
stated this agreement is for use of the County parking lot by the National Guard beginning in 2011. He
stated they will have use of the parking lot on weekends, from 7:00 a.m., until 5:00 p.m., as well as
Friday evenings, for instances that require more parking than what is available at the National Guard
facility. He stated the agreement is patterned after the parking lot agreement where the old Weld
County Garage used to be. In response to Chair Garcia, Mr. Barker confirmed this is for the parking lot
at the Southeast Administration building in Fort Lupton. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Commissioner Rademacher seconded the motion, which
carried unanimously.
CONSIDER RELINQUISHMENT OF WELD COUNTY HEAD START GRANT AND MIGRANT AND
SEASONAL HEAD START GRANT AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS: Mr. Barker stated the County has had extensive discussions with Community
Development Institute (CDI) which will be taking over the various Head Start Programs on an interim
basis. He stated they have requested that the effective date be modified to December 31, 2009, so
they can start administrating the programs on January 1, 2010. He stated the Corrected Resolution will
eliminate the previous provision for postponing the relinquishment until June 1, 2010, in the event of
any delays. Mr. Barker stated CDI will be here today to start the transition process, and commence
with full operations on the first day of school, following the holidays. Commissioner Rademacher
moved to approve said Corrected Resolution. Commissioner Conway seconded the motion, which
carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW #1604 - MARCUM MIDSTREAM 1995-2 BUSINESS TRUST, C/O CONQUEST OIL
COMPANY: Kim Ogle, Department of Planning Services, stated the Departments of Public Works and
Planning Services conducted field inspections in October, 2009, and May, 2009, respectively. He
stated it was determined that all transportation and non -transportation items have been completed in an
acceptable manner, and staff recommends the collateral be released in full. In response to
Commissioner Rademacher, Mr. Ogle stated this is the one-year warranty collateral and the work is
done. Commissioner Rademacher moved to approve said cancellation and release as recommended
by staff. Commissioner Conway seconded the motion, which carried unanimously.
Minutes, November 16, 2009 2009-3018
Page 4 BC0016
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE PLAN
REVIEW, AMSPR #158 - WESTERN OIL FIELD SUPPLY COMPANY, DBA RAIN FOR RENT, C/O
LEFEVER BUILDING SYSTEMS: Mr. Ogle stated the Departments of Public Works and Planning
Services conducted a site inspection and found that all transportation and non -transportation items are
complete, therefore, they recommend the collateral be released in full. In response to Commissioner
Rademacher, Mr. Ogle confirmed the amount to be released is $5,937.00. Rich Hastings, Department
of Public Works, concurred and gave a brief description of the location of the property. Commissioner
Conway moved to approve said cancellation and release, as recommended by staff. Commissioner
Rademacher seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #390 - WYNJA VISTA, LLLP, C/O JERRY MILLER WITH J.W. MILLER ARCHITECTS, INC.:
Mr. Ogle stated the Departments of Public Works and Planning Services conducted site inspections
and determined that all transportation and non -transportation items have been completed to staffs'
satisfaction, therefore, he recommended the collateral, in the amount of $110,811.00, be released. In
response to Chair Garcia, Mr. Ogle stated the applicant is a company which manufactures roofing
supplies. Mr. Hastings confirmed all of the work is done and he gave a brief description of the location
of the property. Commissioner Rademacher moved to approve said cancellation and release, as
recommended by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR COUNTY ROAD 86
STABILIZATION FOR DUST CONTROL FOR MINOR SUBDIVISION FINAL PLAT, MF #589 - RIC
HANSEN: Mr. Ogle stated the Departments of Public Works and Planning Services conducted site
inspections and have determined that all transportation and non -transportation items have been
completed to staffs' satisfaction, therefore, he recommended the collateral, in the amount of
$10,400.00, be released. Mr. Hastings gave a brief description of the location of the facility, and stated
the improvements were term limited and the traffic counts do not warrant the improvements, therefore,
he recommends release. Commissioner Conway moved to approve said cancellation and release, as
recommended by staff. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW #1575 - MARILYN TAYLOR/EAGLE'S NEST AVIATOR HOMES, INC.: Mr. Ogle stated the
Departments of Public Works and Planning Services conducted a site inspection and found the
one-year warranty work to be in compliance. He stated staff recommends a full release of the
collateral, in the amount of $4,875.00. Mr. Hastings gave a brief description of the location of the
facility, and stated the driveway is surfaced with base materials and passed inspection. Commissioner
Rademacher moved to approve said cancellation and release, as recommended by staff.
Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL
REVIEW #1568 - PEDRO SAUCEDO: Mr. Ogle stated the Departments of Public Works and Planning
Services conducted a site inspection and determined that all transportation and non -transportation
items were acceptable; therefore, he recommends release of the collateral, in the amount of $3,300.00.
Mr. Hastings gave a brief description of the location of the facility, and stated the property owner
applied base material at the entrance, which is satisfactory. Commissioner Conway moved to approve
said cancellation and release of collateral, as recommended by staff. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
Minutes, November 16, 2009 2009-3018
Page 5 BC0016
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #613 - CATTAIL CREEK GROUP, LLC: Mr. Ogle stated the
Department of Public Works conducted a field inspection in October, 2009, and recommends release of
the escrow monies, in the amount of $15,336.00. Mr. Hastings stated the traffic counts do not warrant
utilizing any of the proportional share amount, therefore, he recommends release. Commissioner
Rademacher moved to approve said cancellation and release, as recommended by staff. The motion,
which was seconded by Commissioner Conway, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #562, FOR MEADOW VALE FARM, THIRD FILING - LENNAR
COMPANY, SUCCESSOR TO THE GENESSE COMPANY: Mr. Ogle stated the Departments of Public
Works and Planning Services, working with the County Attorney's Office, determined that there is
nothing to hold the money against. He explained the residential parcels have been conveyed from
Katharine Oliver to the Lennar Company, and all of the open space components have been transferred
to the Homeowners' Association. Given the current condition, Mr. Ogle recommended the Subdivision
Bond be released, in full, to Lennar Company. Mr. Hasting gave a brief description of the location of
the property, and stated the Public Works improvements, including paving, drainage, and curb and
gutter, are acceptable and he supports cancellation and release of the collateral. In response to
Commissioner Rademacher, Mr. Hastings stated some of the Improvements Agreements related to this
development did require improvements to County Road 5.5, and that work has been completed and the
associated collateral was previously released under a separate agreement. Commissioner
Rademacher moved to approve said cancellation and release, as recommended by staff. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #399 - JOHN AND EULALIE LAURIDSON/EULALIE LAURIDSON TRUST, C/O TOM
LAURIDSON: Mr. Ogle stated the Departments of Public Works and Planning Services conducted a
field inspection and have determined that all transportation and non -transportation items are complete.
He recommended the collateral, in the amount of $14,678.40, be released. Mr. Hastings gave a brief
description of the location of the site, and stated the parking and drainage features were completed
acceptably. In response to Commissioner Rademacher, Chair Garcia clarified the Resolution indicates
$83,000.00 was released in 2008, and staff is now recommending the remaining warranty collateral be
released. Commissioner Rademacher moved to approve said cancellation and release. The motion,
which was seconded by Commissioner Conway, carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR #314 - T.S. SKYWAY, LLC: Mr. Ogle stated the Departments of Public Works and Planning
Services recommend release of the collateral. Mr. Hastings stated the property is located in the Vista
Commercial Park, and parking areas have been completed to staffs' specifications. In response to
Chair Garcia, Mr. Ogle explained there were unresolved landscaping issues and, at a previous meeting,
the Board agreed to release a portion of the collateral; however, the applicant did not show up or
provide replacement collateral, therefore, the original collateral was held until the trees survived the
one-year warranty period. Commissioner Conway moved to approve said cancellation and release of
collateral, as recommended by staff. Commissioner Rademacher seconded the motion, which carried
unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PF #1011, PELICAN SHORES, PUD - RIVER RUNS THROUGH IT,
LLC, C/O DOUG TIEFEL: Mr. Ogle stated the Departments of Public Works and Planning Services
conducted a field inspection and found all transportation and non -transportation items to be complete,
therefore, he recommended release of the collateral, in the amount of $184,532.85. Mr. Hastings
Minutes, November 16, 2009 2009-3018
Page 6 BC0016
stated the applicant did a quality job of paving the internal portions, including curb and gutters, as well
as the required off -site portion of County Road 26; therefore, he recommends full release of said
collateral. Commissioner Rademacher moved to approve said cancellation and release of collateral, as
recommended by staff. The motion was seconded by Commissioner Conway, and it 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 10:00 a.m.
ATTEST: ,AR,tcy y;
Weld County Clerk to the Board
BY:
De
BOARD OF COUNTY COMMISSIONERS
WELD COLTITY, I,OLORADO
it is F. Garcia, Chair
c
Douglas Rademacher, Pro- em
•
Sean P. Conway
EXCUSED
Barbara Kirkmeyer
EXCUSED
David E. Long
Minutes, November 16, 2009 2009-3018
Page 7 BC0016
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