HomeMy WebLinkAbout20082645.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 1, 2008
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, October 1, 2008, 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 H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Controller, Barb Connolly
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 29, 2008, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Long moved to add New Items of Business as follows:
2) Consider Grant Application for HB08-1391 Pilot Program [2008-2650]; and 3) Consider Grant
Application for Northern Colorado Regional Forensic Laboratory and authorize Chair to sign [2008-2651].
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Barb Connolly, Controller, presented the following warrants for approval by the Board:
All Funds $2,023,029.01
Commissioner Long moved to approve the warrants as presented by Ms. Connolly. Commissioner Garcia
seconded the motion, which carried unanimously.
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BIDS:
APPROVE COMMUNITY CORRECTIONS DESIGN BUILD BID - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Monica Mika, Director of Administrative Services, stated the proposed
3,500-square-foot facility will be located in the Weld County Business Park, it will house 300 Department
of Corrections (DOC) offenders, the construction is slated to start early in 2009, for an estimated cost of
$5 million, and staff recommends approval of the low bid from Growling Bear Company, Inc., in the amount
of $481,806. She stated all of the companies submitted quality proposals and demonstrated their
knowledge in the construction field, and staff reviewed the quantitative and qualitative aspects of the
eleven proposals. She further stated they considered past work history and the ability of the bidders to
carry out the project and complete it in the specified time frame.
Loren Bley of Bley Associates, Architects, stated his firm has completed numerous Weld County facilities
during the past 25 years,and he introduced Brad Rowell, Haselden Construction, LLC. Mr. Bley requested
the Board delay a vote and allow for further review of the matter in greater detail. He stated Bley
Associates has completed various jail and court facilities in nine counties throughout the State, and
Haselden has work experience throughout the State, as well. He stated the Board needs to consider the
details of how the tasks will be performed, rather than accepting the general statements of the first and
second bid submittals, as those companies do not have the extensive experience, which is important in
this type of project. He stated his firm requested additional information regarding ownership of the facility,
staffing, the level of security, etcetera, and these issues need to be addressed up front, rather than after
awarding the contract. He stated addressing the issues now eliminates change orders later. He further
stated the offenders are under DOC jurisdiction, and the contractor also needs to be aware of the DOC
requirements in designing the facility. Mr. Bley stated he recently toured the corrections facility constructed
by Growling Bear, and the staff there expressed concern with some of the features that were overlooked
or missed, which he considers errors and omissions. He further stated he has gained knowledge of what
Weld County facilities need and how they are used, and this project needs to be done right, rather than
the County having to make corrections later. He stated the DOC has five classifications of offenders and
the new facility will contain seasoned State offenders, versus new offenders, so the level of security must
be considered. He stated the facility operation questions need to be answered during the initial phase to
ensure cost issues are consistent and that the chosen team is capable. He stated he does not believe
there was not enough information for County staff to adequately review the proposals, and he requested
the Board continue the matter until further review is completed. He stated his bid proposal is 1.5 percent
of the overall cost, and his company will produce a quality end product. He stated Bley and Haselden are
able to solve problems, rather than just proceeding with the as-built plans. He stated the last award was
granted to the second low bidder, based on whether a company could complete the project within the
specified time line, and in this situation, he believes marked experience is vital.
Mr. Rowell stated as a design/build team, Haselden selected the bid proposal from Bley Associates
because it was apparent they offered the best experience in Weld County concerning corrections facilities.
He stated, in the 35 years they have operated in Colorado, Haselden has never completed a project past
the deadline, they offer pre-construction services and ask a lot of questions to ensure they have a clear
understanding of the anticipated project and budget, and he requested the Board allow additional
consideration of the proposals.
Tim Nielsen, TCC Corporation, stated he has working for TCC for a couple of years and has gone through
the bid process three times. He stated through those experiences he has learned what is important to
Weld County and has tried to provide a better proposal. Mr. Nielsen stated TCC received four architect
bid proposals; however, he had the difficult decision of selecting a lower bid, as opposed to the high quality
proposal from Bley Associates, in an effort to meet the low bid specifications of the County. He stated the
proposals have many facets, including pre-construction services, design, reimbursables, the construction
fee, etcetera, and he was astonished at how complex the selection process was. He stated if low cost is
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the ultimate deciding factor, it will be difficult for the County staff to make a reasonable comparison.
Mr. Nielsen stated TCC was$11,000.00 above the low bid; however,they offered to provide more features
than Growling Bear Company, Inc. He stated the County is in a precarious position of selecting a
competitive bid amount, while ensuring quality standards are still met. He stated although TCC
Corporation may not be the most experienced in constructing corrections facilities, they attempted to
provide a quality low bid, and they would be willing to work with Bley Associates if the Board grants some
flexibility in the cost consideration to ensure quality.
Ms. Mika stated she is not aware of any concerns regarding the Alternatives Building, although staff may
have taken a little time to adjust and determine how best to operate within the new facility. She stated staff
did recommend approval of the second low bid for the Human Services building,to address the challenges
of placing a third building on an existing site with minimal impact to the public. She stated, in this case,
the design/builder team will have a clear site to work with, and staff is aware of the different needs of the
DOC, as opposed to clients at the Alternatives Building. She stated the Community Corrections offenders
are allowed to come and go, versus the inmates that are required to remain on the grounds. She agreed
that it was a difficult selection process,and that it would be beneficial to streamline the request and provide
specific criteria for future construction projects. In response to Commissioner Long, Ms. Mika stated staff
did evaluate nine criteria, in addition to the cost, the contractors' ability to carry out the project in a timely
fashion, past track record, and current work loads. Responding to Commissioner Garcia, Ms. Mika stated
Growling Bear Company, Inc., has experience with the Alternatives Building, as well as design-related
experience with various other Weld County buildings. She noted some of the contractors did have primary
experience in industrial facilities; however,they typically cost more. She further stated Growling Bear also
completed the Center for Independence and a variety of special needs facilities.
Commissioner Rademacher stated his questions have been addressed and he has not heard adequate
testimony to change his selection of the low bidder. Commissioner Garcia stated the list of criteria from
staff is adequate and ensured a quantitative and qualitative review. Commissioner Garcia moved to accept
the low bid from Growling Bear Company, Inc., in the amount of 481,806.00, as recommended by staff.
The motion was seconded by Commissioner Long, and it carried unanimously. Commissioner Long
commended staff for their review and stated he is confident in their recommendation. There being no
further discussion, the motion carried unanimously.
PRESENT AND APPROVE REPLACE BOILER AND INSTALL AIR CONDITIONING SYSTEM WITHIN
THE OLD FORT LUPTON BUILDING BID - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika
stated staff recommends emergency approval of the low bid from General Heating and Air Conditioning,
in the amount $31,195.00. She stated this project needs to be completed quickly to accommodate the
needs of the National Guard. In response to Commissioner Rademacher, Ms. Mika stated a separate bid
request will be sent out regarding the necessary roof repairs; however, she is uncertain of the anticipated
cost at this time. Commissioner Rademacher moved to approve said bid, on an emergency basis, based
upon staff's recommendation. Seconded by Commissioner Garcia, the motion carried unanimously.
(Clerk's Note: Following the meeting, the Department of Buildings and Grounds submitted a revised
recommendation to accept the bid, in the amount of$34,395.00, to reflect Option#2. The Board approved
the revised low bid, from General Heating and Air Conditioning, by signature on a modified Bid sheet)
NEW BUSINESS:
CONSIDER REVISION TO OPERATIONS MANUAL, SECTION 6.000, OPERATIONS MANUAL,
COLORADO WORKS IN WELD COUNTY AND CHILD CARE POLICIES AND PROCEDURES: Judy
Griego, Director, Department of Human Services, stated this revision is an addition to the Colorado Works
Program to add client incentives for achievements such as obtaining a GED or maintaining subsidized
employment. She stated the new policy is in addition to the Department's client sanction process, and it
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Page 3 BC0016
is anticipated that the incentives may be up to $30,000.00 per year. Commissioner Long moved to
approve said revision. Seconded by Commissioner Rademacher, the motion carried unanimously.
CONSIDER GRANT APPLICATION FOR HB08-1391 PILOT PROGRAM: Ms. Griego stated this is a
partnership application with North Range Behavioral Health (NRBH), and Child Advocacy Resource and
Education (CARE). She stated House Bill 1391, enacted in 2008, creates a pilot program to provide
mental health services for children who have been involved in a substantiated case of child abuse or
neglect. She stated the project will increase the mental health services capacity of NRBH, as well as
focusing on the development of a common assessment tool which will include additional mental health
assessments for siblings and family decision making processes to positively impact outcomes of families.
Ms. Griego stated this is a competitive grant application, only three sites will be selected, and the
Department will be the fiscal agent for a term beginning with the State fiscal year 2009, and ending in
2012. She stated the source of the grant, in the amount of$3,853,220.00, is the State General Fund, and
there is no local match. In response to Commissioner Garcia, Ms. Griego stated the role of CARE is to
provide family advocates who will work with the families, in conjunction with the mental health services that
will be provided by NRBH and the case management services to be provided by the Department. In
response to Chair Jerke, Ms. Griego stated there was not enough time to schedule a work session.
Commissioner Long stated staff received the grant information last Friday,and the deadline was yesterday.
He further stated if the parameters do not work, then the contract may be declined. He stated the intent
of HB08-1391 is to recognize that often there are siblings that have similar issues as the child with a
substantiated case. Ms. Griego stated she will still request the opportunity to schedule a work session and
discuss the parameters that will require support from the Board at the State Board of Human Services.
She further stated if a common assessment tool is used with NRBH, then the other assessments from
NRBH and the Department will have to be waived in order to complete the pilot project. Commissioner
Long added this will also fall under the umbrella of the 1451 collaborative effort. In response to Chair
Jerke, Ms. Griego and Commissioner Long explained this will eliminate the other assessment tools so all
of the agencies are using the same tool. Responding further to Chair Jerke, Ms. Griego stated NRBH and
the Department have been working with the State Department on an assessment process, and this will
make that process a part of the delivery system and expand it to include siblings. She reiterated this will
expand the current program to include mental health services, not just creating a tool or conducting a
study. Commissioner Long added it will make the assessment tool consistent among the agencies
involved, as well as provide sibling services. Commissioner Long moved to approve said application, and
Commissioner Garcia seconded the motion, which carried three to one, with Chair Jerke opposed.
CONSIDER GRANT APPLICATION FOR NORTHERN COLORADO REGIONAL FORENSIC
LABORATORY AND AUTHORIZE CHAIR TO SIGN: Matt Jorgenson, Greeley/Weld County Crime
Laboratory Director, stated this item is to correct a clerical error. He explained the Sheriff's Office is
working toward creating a regional laboratory to involve Larimer County, Loveland, Fort Collins, the
Greeley Police Department, and Weld County. The Northern Regional Lab would like to combine all of
the agencies into one building, in the Fort Collins laboratory, and eventually relocate into a new building.
He stated the Grant was awarded, and it pays for training/travel, instrumentation,etcetera. Mr. Jorgenson
stated the application was inadvertently sent in with the Sheriff's signature as the authorized official;
however, he was later informed it requires a signature by the Chair of the Board of Commissioners. In
response to Commissioner Rademacher, Mr. Jorgenson stated there is no match requirement, and it is
a one-year grant, in the amount of $78,900.00. Commissioner Rademacher moved to approve said
application and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO BRIDGE 27/66A OVER GREELEY CANAL#2 AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS-PATRICIA WILLCUTTS: Leon Sievers, Department of Public Works,stated
Minutes, October 1, 2008 2008-2645
Page 4 BC0016
this is the fifth and final parcel along the County Road 27 bridge replacement project. He stated the
property is located east of County Road 27, south of the bridge, and the agreement is to purchase .033
acres, in the amount of $1,420.00, which is based on a value finding report created by HC Peck and
approved by the Colorado Department of Transportation (CDOT). He further stated the agreement also
includes a Temporary Construction Easement to acquire 0.187 acres, in the amount of$784.00,for a total
cost of$2,204.00. In response to Chair Jerke, Mr. Sievers stated the land acquisition is 3/100th of an acre,
and the cost was negotiated in an effort to move forward with the project. Responding to Commissioners
Rademacher and Garcia, Mr. Sievers reiterated the Temporary Easement is 0.187 acres, and the other
parcels along the project were negotiated to comparable sales. He stated staff deemed the cost
reasonable in an effort to move forward with the project this year. Commissioner Garcia moved to approve
said agreement and authorize the Chair to sign any necessary documents. Seconded by Commissioner
Rademacher, the motion carried unanimously.
CONSIDER LEASE AGREEMENT FOR IMPROVED REAL PROPERTY AND AUTHORIZE CHAIR TO
SIGN - COLORADO DEPARTMENT OF MILITARY AND VETERANS AFFAIRS: Monica Mika, Director
of Administrative Services, stated this lease is for use of the old Fort Lupton building,with a term beginning
October 15, 2008, and ending March 31, 2011, in the amount of$77,437.50. She stated the tenant has
agreed to provide minor repairs up to $5,000.00 per incidence, snow removal, and utility and telephone
costs. Ms. Mika referenced page six of the lease and stated additional language will need to be included
to document that, due to the age of the building, it does not meet current Americans with Disabilities Act
(ADA) requirements. Responding to Commissioner Rademacher, Ms. Mika reiterated the term of the
lease. Chair Jerke stated he feels this will be good use of the building. Commissioner Garcia moved to
approve said lease agreement and authorize the Chair to sign. Seconded by Commissioner Long, the
motion carried unanimously. In response to Mr. Barker,the Board concurred the motion includes approval
of the forthcoming ADA language.
ORDINANCE#241, IN THE MATTER OF AN EMERGENCY ORDINANCE WITH RESPECT TO NCMC,
INC.;APPROVING THE CONTINUED LEASING OF CERTAIN HOSPITAL FACILITIES BY THE COUNTY
TO THE COLORADO HEALTH FACILITIES AUTHORITY;APPROVING THE CONTINUED LEASING OF
SUCH HOSPITAL FACILITIES BY THE COLORADO HEALTH FACILITIES AUTHORITY TO THE BOARD
OF TRUSTEES FOR NORTH COLORADO MEDICAL CENTER; APPROVING THE INCURRENCE OF
REVENUE DEBT BY THE HOSPITAL THROUGH THE NINTH SUPPLEMENTAL LEASE AND THE
ISSUANCE BY THE COLORADO HEALTH FACILITIES AUTHORITY OF ITS HOSPITAL REVENUE
BONDS(NCMC, INC. PROJECT)SERIES 2008AAND SERIES 2008B,AND AN OFFICIAL STATEMENT
PERTAINING TO SAID BONDS; AND ALSO MAKING OTHER PROVISIONS IN CONNECTION WITH
THE FOREGOING: Mr. Barker read Emergency Ordinance#241 for the record,and noted there may need
to be a minor modification to the reference to Wachovia Bank. Bob Murphy, Treasurer for NCMC, Inc.,
stated this Ordinance will refinance approximately$55.5 million in debt. He stated Steve Clark, SB Clark
Company, is the bond advisor for the NCMC Board. Mr. Clark stated he has been the NCMC, Inc., advisor
since the 1999 bond issue, and there is a very long series of documents that have progressed through the
years. He stated NCMC, Inc., has been reaffirmed with an A+ credit rating, and minus the recent credit
crisis, all is still working well. He stated $30 million of the 1993 bonds is outstanding,and the interest rates
on a related series of 1990 bonds is currently at 10 percent. He explained NCMC, Inc., has been extended
a Letter of Credit from Compass Bank, which affords the opportunity to sell the bonds at four percent,
rather than ten percent. He further stated the remaining $25 million will pay for land acquisitions and
hospital expansions. He stated the bonds run until 2030, due to an extension request in 2003, and given
the current market, this process is more than prudent to reduce the interest on the old bonds. In response
to Chair Jerke, Mr. Clark stated despite the current market conditions, there are still variable rate demand
bonds that are still being priced and sold. He noted they will delay remarketing one of the companion 2003
bonds until the market settles down; however, he is confident this process will go forward. He stated the
work of the Senate will go a long way in reestablishing the credit market, if it is approved by the House of
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Page 5 BC0016
Representatives,as well as other world-wide markets. Responding further to Chair Jerke, Mr. Clark stated
Wachovia Bank, National Association (N.A.) purchased AG Edwards, which was the underwriter working
with the hospital. He stated AG Edwards and Evergreen Mutual Funds are the two remaining pieces of
the assets and liability that were acquired by Citibank under Federal Deposit Insurance Corporation
direction, and all of the deposits, loans, and assets were transferred to City Bank. He further stated
NCMC, Inc., is still working with AG Edwards under Wachovia Securities, and they intend to sell and close
by October 20, 2008,and there is the possibility that the name may change by then. Mr. Barker suggested
modifying the text to state, "Wachovia, or its successors," and the Board concurred. No public testimony
was offered concerning this matter. Commissioner Long moved to approve Ordinance #241 on an
emergency basis. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #241 was approved on an emergency basis.
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 10:35 a.m.
.‘ E L BOARD OF COUNTY COMMISSIONERS
p �, Iv Las WELD COUNTY, COLORADO
ATTEST: i ikt/ 186 '1� 41 );r Qv i�G,.-,
^'' I ✓ +y'.7.- William H. Jerke, Chair
Weld County Clerk to the Bo-r ir, (Pis
�` , EXCUS*elf N
Robert ED
Mas en, Pro-Tem
BY: I ' all 14 �A ��
Dep t Clerk the Board "�1 --
Willi Garcia
David E. Long
I J oc�rlo.etC�[ `
ouglas ademach
Minutes, October 1, 2008 2008-2645
Page 6 BC0016
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