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Home My WebLink About20170470.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 13, 2017 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 Administration Building, Greeley, Colorado, February 13, 2017, at the hour of 9:00 a.m. Eti 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 Julie A. Cozad, Chair Commissioner Steve Moreno, Pro -Tern Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of February 8, 2017, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. • PUBLIC INPUT: Ellen Delorenzo, resident of Johnstown, stated her concern that Chair Cozad made an unethical decision as an elected official. Ms. Delorenzo reported she would request from the County Council, this matter be submitted as part of the audit of the County Commissioners at their February 13, 2017 meeting. In response to Commissioner Kirkmeyer, Bruce Barker, County Attorney, reviewed what constitutes a conflict of interest as to an elected official or an employee taking anything of value. He explained to be considered unethical that Chair Cozad would have to have monetary interest in Noble Energy, and since there was none, there is no conflict of interest. (Clerk's Note: Chair Cozad submitted a response to this matter as an item of Communication on the February 15, 2017, Agenda.) BIDS: 01 1) RECONSIDER BID #B1700016, 4"X4" AUTOMATIC SELF -PRIMING TRASH PUMP - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated staff would like to rescind the bid awarded to Wagner Rents on January 25, 2017, and award the bid from Primax USA 2017-0470 BC0016 ©D J Y I @0 n Minutes, February 13, 2017 Page 1 as the low bid. Jay McDonald, Director of the Department of Public Works, explained there was incorrect information submitted about the specifications but staff was finally able to confirm that Primax USA was able to perform services locally. Commissioner Moreno moved to rescind the bid award to Wagner Rents and approve the low bid from Primax USA. Seconded by Commissioner Conway, the motion carried unanimously. • 2) RECONSIDER BID #B1700017, 6"X6" AUTOMATIC SELF -PRIMING TRASH PUMP - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff recommends rescinding the bid from Wagner Rents and explained the reason for this is outlined in staff's memo. He stated staff recommends awarding the low bid from Primax USA. Commissioner Moreno moved to rescind the bid from Wagner Rents and approve the low bid from Primax USA. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner Freeman thanked Mr. Jiricek and Mr. McDonald for doing their due diligence concerning the bids. • 3) APPROVE BID #B1700038, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek, presented the eight (8) bids and stated staff recommends awarding the low bid from Sherwin Williams for the traffic paint and the low bid from Brightlands Tech, Inc., for the traffic beads, as stated in the memorandum from staff. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 4) PRESENT BID #61700040, SOUND SYSTEM (ISLAND GROVE) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the three (3) bids and stated staff will bring back a recommendation on February 27, 2017. Commissioner Kirkmeyer requested a work session with staff to discuss the specifics of this bid. 5) PRESENT BID #B1700041, CUSTODIAL SUPPLIES - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek presented the fourteen (14) bids rescind and stated staff will bring back a recommendation on February 27, 2017. • 6) PRESENT BID #61700049, UPS PREVENTATIVE MAINTENANCE AND REPAIR - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek reviewed the four (4) bids received and stated staff will bring back a recommendation on February 27, 2017. • 7) PRESENT BID #61700050, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the nine (9) bids rescind and stated staff will bring back a recommendation on February 27, 2017. NEW BUSINESS: • 1) CONSIDER TEMPORARY ASSEMBLY PERMIT - BERTA AND MARTIN GUTIERREZ: Frank Haug, Assistant County Attorney, presented the application for the purpose of their seventh annual horse race and advised the maximum number of attendees is 1,500. He reported there are no concerns from staff, except the Department of Public Works would like to remind the applicants there is no parking allowed on the roadway. Martin Gutierrez, applicant, thanked the Commissioners for their support and stated he believes this is a successful event. Commissioner Kirkmeyer moved to approve said application. Seconded by Commissioner Conway, the motion carried unanimously. El 2) CONSIDER LEASE AMENDMENT (822 7TH STREET, GREELEY) AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of Buildings and Grounds, reviewed the terms of the amendment to Minutes, February 13, 2017 Page 2 2017-0470 BC0016 extend the lease for one year, through February 28, 2018. Commissioner Freeman moved to approve said lease and authorize Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 3) CONSIDER PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT FOR CR 33 AND AUTHORIZE CHAIR TO SIGN - UNION PACIFIC RAILROAD COMPANY: Elizabeth Relford, Department of Public Works, presented the details of the agreement with Union Pacific Railroad for improvements to the crossing as part of the Weld County Industrial Park Development. The developer has paid the County the amount of $123,939.00, and the County will reimburse Union Pacific Railroad for the construction. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 4) CONSIDER APPOINTMENT OF AMANDA PETZOLD AS DEPUTY CLERK TO THE BOARD: Esther Gesick, Clerk to the Board, introduced Ms. Petzold who was welcomed by the Board. The motion to approve said appointment, which was made by Commissioner Moreno, and seconded by Commissioner Conway, carried unanimously. PLANNING: 1) CONSIDER PARTIAL VACATION OF USR-1723 - CEDAR CREEK WIND FARM: Chris Gathman, Department of Planning Services, presented the request for the partial vacation of USR-1723, which is a condition of approval for USR15-0031, for a gravel mining operation, and reported the vacation will be for 32.2 acres. The applicant was not present for comment. No public testimony was offered concerning this matter. Chair Cozad clarified that the portion of USR-1723 where USR15-0031 will be located is, the area that is being vacated. Commissioner Freeman moved to grant said partial vacation of USR-1723. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. EXECUTIVE SESSION: 1) EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS, PURSUANT TO CRS § 24-6-402(4)(F); TO REVIEW AND CONSIDER, PURSUANT TO CRS 24-6-402(4)(G), DOCUMENTS PROTECTED BY THE MANDATORY NONDISCLOSURE PROVISIONS OF THE OF THE COLORADO OPEN RECORDS ACT; AND TO CONFER WITH THE COUNTY ATTORNEY FOR THE PURPOSES OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS, PURSUANT TO CRS § 24-6- 402(4)(B): Commissioner Kirkmeyer moved for the Board of County Commissioners to go into executive session for the purpose of considering a document prepared by Mountain States Employers Council, subject "Sean Conway Investigation," including attachments thereto, and specifically in conjunction with such documents, to discuss personnel matters, pursuant to CRS § 24-6-402(4)(f); to review and consider, pursuant to CRS 24-6-402(4)(g), these documents as protected by the mandatory nondisclosure provisions of the Colorado Open Records Act, specifically C.R.S. § 24-72-204(3)(a)(X); and to confer with the County Attorney for the purposes of receiving legal advice on specific legal questions thereto, pursuant to CRS § 24-6-402(4)(b); and to limit the persons present in the executive session to the five County Commissioners, County Attorney Bruce Barker, Human Resources Director Patti Russell, and Michele Sturgell, Manager, Workplace Investigations, Mountain States Employers Council. Commissioner Moreno seconded the motion, which carried unanimously. Chair Cozad stated the Board of County Commissioners is at 9:35 a.m. going into executive session, which will be held in the St. Vrain Conference Room. A motion to go into executive session was made, seconded, and voted favorably upon by a two-thirds majority of the Board members at the Board's open meeting held on this date. The executive session is for the purpose of considering a document prepared by Mountain States Employers Council, subject "Sean Conway Investigation," including attachments thereto, and specifically in conjunction with such documents, to discuss personnel matters, pursuant to CRS § 24-6-402(4)(f); to review and consider, pursuant to CRS 24-6-402(4)(g), these documents as protected by the mandatory Minutes, February 13, 2017 Page 3 2017-0470 BC0016 nondisclosure provisions of the Colorado Open Records Act, specifically C.R.S. § 24-72-204(3)(a)(X); and to confer with the County Attorney for the purposes of receiving legal advice on specific legal questions thereto, pursuant to CRS § 24-6-402(4)(b). Persons authorized by the Board of County Commissioners to be present in the executive session are Commissioners Cozad, Moreno, Conway, Freeman and Kirkmeyer, County Attorney Bruce Barker, Human Resources Director Patti Russell, and Michele Sturgell, Manager, Workplace Investigations, Mountain States Employers Council. Minutes, February 13, 2017 Page 4 2017-0470 BC0016 EXECUTIVE SESSION (AUDIO PART TWO): Upon returning at 11:33 a.m., Commissioner Freeman made a motion to adjourn from Executive Session, pursuant to CRS § 24-6-402(4), and reconvene in its open meeting. Seconded by Commissioner Conway, the motion carried unanimously. Chair Cozad confirmed the Board of County Commissioners is now reconvening in open meeting at 11:34 a.m. after meeting in executive session. She stated, "The executive session was held from 9:36 a.m. until 11:33 am. In the executive session, the Board considered a document prepared by Mountain States Employers Council, subject "Sean Conway Investigation," including attachments thereto, and specifically in conjunction with such documents, discussed personnel matters, pursuant to CRS § 24-6-402(4)(f); reviewed and considered, pursuant to CRS 24-6-402(4)(g), these documents as protected by the mandatory nondisclosure provisions of the Colorado Open Records Act, specifically C.R.S. § 24-72- 204(3)(a)(X); and conferred with the County Attorney for the purposes of receiving legal advice on specific legal questions thereto, pursuant to CRS § 24-6-402(4)(b). An electronic recording was made of the executive session, except during discussions with the County Attorney constituting attorney -client communications. Present during the executive session were Commissioners Cozad, Moreno, Conway, Freeman and Kirkmeyer, County Attorney Bruce Barker, Human Resources Director Patti Russell, and Michele Sturgell, Manager, Workplace Investigations, Mountain States Employers Council. No adoption of any proposed policy, position, resolution, rule, regulation, or formal action took place in the executive session". RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, February 13, 2017 Page 6 2017-0470 BC0016 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 11:35 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTESed,t�'...k.'o•1,k. Weld County Clerk to the Board BY. y Clerk to the Board Steve Moreno, Pro-Tem l Sean P. Conway Mike Freeman rbara Kirkmey Minutes, February 13, 2017 Page 7 2017-0470 BC0016 ni D0 0a LD p H U, ki _ `, in s ADDRESS k- 411 EMAIL I NAME - PI A,SE jt, a G,U3LY I F � i tiv7\\1\r) My name is Ellen DeLorenzo...the reason I am here is to address Ms. Cozad regarding a recent unethical decision made as a leader- let alone a County Commissioner. I have been told by several people, including some seated at an adjacent table, that on January 28, 2017 Ms. Cozad and her husband attended the Northern Colorado Medical Center Foundation Gala, seated front and center at Noble Energy's $25000 table. Given the land use issues -past, present and future- between Noble Energy and the Weld County Commissioners I find the decision to be at that table unethical at best and a clear conflict of interest at worst. In my working career this type of conflict was clearly forbidden, and in fact, we had a strict $20 limit policy on accepting gifts from vendors and customers. I am here as a courtesy to advise you that I will be submitting my request to the County Council tonight that this be submitted to the auditors in review of Ms. Cozad's performance. Thank you. Hello