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Home My WebLink About20140404.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 10, 2014 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 10, 2014, at the hour of 9:00 a.m. e 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 - EXCUSED Commissioner Mike Freeman Commissioner William F. Garcia Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Controller, Barbara Connolly ID MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of February 5, 2014, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. e READ ORDINANCE BY TAPE: Commissioner Garcia moved to read Code Ordinances #2013-3, and #2013-4 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously. ID CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on February 5, 2014, as follows: 1) USR13-0051 - Teresa Anderson, and 2) USR13-0018 - Sterling Energy Investments, LLC. Commissioner Kirkmeyer seconded the motion, which carried unanimously. e AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add, under BIDS: item #3) Present Bid #B1400033, Sign Materials - Department of Public Works, and to add, under NEW BUSINESS: Item #11) Expression of Concern Regarding Enforcement of Regulatory Requirements Under the Endangered Species Act (ESA) for Threatened and Endangered Species, including the Preble's Meadow Jumping Mouse (Zapus Hudsonius Preblei). Seconded by Commissioner Freeman, the motion carried unanimously. CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. raj Minutes, February 10, 2014 2014-0404 Page 1 BC0016 PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #B1400034, FILL SAND - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, said staff is recommending the low bid from Varra Companies in the amount of $3.40. Curtis Hall, Department of Public Works, explained the price difference from the low bid would be made up in the hauling cost from the Ft. Lupton area. Commissioner Kirkmeyer requested those numbers be added to the record. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Garcia, and it carried unanimously. e 2) APPROVE BID #B1400038, PATROL VEHICLES, FULL SIZED - SHERIFF'S OFFICE: Roger Ainsworth, Sheriff's Office, recommended accepting the low bid from Johnson Auto Plaza for Dodge Chargers. Mr. Jiricek said the original bid was for eight (8) vehicles; however nine (9) are being purchased to replace a totaled vehicle covered by insurance. Commissioner Garcia moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. re 3) PRESENT BID #61400033, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek noted this bid was originally presented February 5, and in the interim staff was advised Custom Products had electronically submitted a timely bid, which IT staff discovered was hung up in cyber space, so this addition brings the total to 11 vendors, and this will be brought back before the Board with a recommendation from staff on February 19, 2014. NEW BUSINESS: IR 1) CONSIDER SOFTWARE SUBSCRIPTION AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CLIENTTRACK, INC.: Mr. Barker said the newly organized IT Department wishes to acquire this software and a few changes were made to the agreement, to which the company has agreed. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. e 2) CONSIDER LIST B PILOT PROJECT GRANT APPLICATION AND AUTHORIZE ELECTRONIC SUBMITTAL: Tina Booton, Weed and Pest Division, explained this application is requesting $13,000.00 from the Colorado Department of Agriculture, of which there would be a match of $27,800.00. The partners are West Greeley Soil Conservation District, Colorado State Land Board, CDOT, Pawnee Grasslands, and Weld County, in order to hire a four-month seasonal staff member to work on eradication of Class B weed species in the north part of the County and to purchase one GPS mapping unit. In response to Commissioner Kirkmeyer, Ms. Booton confirmed this grant is part of a shareback with landowners, whereas the previous one was for trees on the St. Vrain River. The project would start in April. In response to Commissioner Garcia, Ms. Booton confirmed that weed species may have been inherited from neighboring counties during the flood and that possibility will be monitored over the next three to five years. Commissioner Garcia moved to approve said grant application and authorize electronic submittal by Mrs. Booton. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. IEJ 3) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR13/26A) PURSUANT TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING, INC.: Dave Bauer, Department of Public Works, explained this is a continuation of design services for emergency repairs along the St. Vrain River, via the Federal Highway Administration (FHWA); the Minutes, February 10, 2014 2014-0404 Page 2 BC0016 gross amount is $30,142.00, with a 75 to 80 percent match. In response to Commissioner Kirkmeyer, he said this is in addition to the ones approved last week, and construction should begin in April. Commissioner Garcia moved to approve said work order form and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried unanimously. e 4) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR17/34A) PURSUANT TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING, INC.: Mr. Bauer, stated this is further downstream on the St. Vrain; the gross cost is $40,242.00 and the County's 25 percent match would be $10,080.00 and if the governor matches, then $5,000.00. Commissioner Freeman moved to approve said work order form and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. El 5) CONSIDER FILING OF PROCEEDINGS IN EMINENT DOMAIN, PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST DPG FARMS, LLC: Bob Choate, Assistant County Attorney, presented the issue, provided a history of the negotiations, and explained the need for this action. Leon Sievers, Department of Public Works, said this is related to the CR 49 extension bisecting a 760-acre property, The only thing that is being contended is the property value. There was a work session on August 16, 2013, to which the owners did not respond. He said the dispute is a very large amount ($2.4 million versus the County's offer of $148,000.00). Commissioner Kirkmeyer requested another work session before moving forward with eminent domain and moved to continue this until February 19, 2014, at 9:00a.m. Seconded by Commissioner Freeman, the motion carried unanimously. ID 6) CONSIDER AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY AND AUTHORIZE CHAIR TO SIGN - DPG FARMS, LLC: This is related to the previous item, for access to the DPG property in order to continue surveying for the project. Mr. Choate requested a continuance in order to submit a signed document to the Board. Commissioner Garcia moved to grant a continuance until Wednesday, February 19th, 2014, at 9:00 a.m. The motion was seconded by Commissioner Freeman, and it carried unanimously. 7) CONSIDER CONFLICT WAIVER RELATED TO SALE AND PURCHASE OF GEISERT STORAGE PIT AND AUTHORIZE CHAIR TO SIGN - LAWRENCE JONES CUSTER GRASMICK, LLP: Mr. Barker explained Brad Brasnick is the attorney who does the water law for both Central Weld Water and also for Weld County, and he needs this waiver in order to do work on the sale of the Geisert Pit. Mr. Barker said after review no conflicts are apparent, and explained the types of work Mr. Brasnick does for each party. In response to Commissioner Kirkmeyer, Mr. Barker said issues regarding storage in this pit have been resolved. Commissioner Garcia moved to approve said waiver and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. In response to Commissioner Kirkmeyer, Mr. Barker said Central Water would probably sign after the Board; however, there is no reason why they wouldn't, and Mr. Brasnick would be unable to proceed without both signatures. e 8) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PEAK PERFORMANCE TECHNOLOGIES: Barbara Connolly, Controller, stated this is a major upgrade for PeopleSoft (human resources software) and said Ryan Rose, the new Director of Information Technologies, has done an excellent job determining what could be done in-house and what needed to be contracted. This item was on the Board's DO NOW list. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. Minutes, February 10, 2014 2014-0404 Page 3 BC0016 0 9) FIRST READING OF CODE ORDINANCE 2014-3, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Mr. Jiricek noted these changes were discussed in a work session; the change to Chapter 5 allows the Director of Public Works to procure short-term rentals up to $10,000.00 and 30-days in duration, without pre-review by the Board. The change to Chapter 2 provides authority to both the Director of General Services and the Director of Public Works to sign those short-term agreements. Chair Rademacher opened the floor to public comment. Commissioner Kirkmeyer noted it's good to have this common sense process codified and moved to approve said ordinance on first reading. Commissioner Garcia seconded the motion and it carried unanimously. 12 10) FIRST READING OF CODE ORDINANCE 2014-4, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Mr. Jiricek explained this change is specifically in regard to the the clean-up of meth labs, and it reduces Weld County's code to the State requirements; certain work plans and other onerous processes are being abandoned due to being an undue burden to property owners, and this clarifies that the County is responsible for providing notice to property owners. Chair Rademacher opened the floor to public comment, and none was forthcoming. Commissioner Garcia moved to approve said ordinance on first reading. Commissioner Freeman seconded the motion and it carried unanimously. El 11) EXPRESSION OF CONCERN REGARDING ENFORCEMENT OF REGULATORY REQUIREMENTS UNDER THE ENDANGERED SPECIES ACT (ESA) FOR THREATENED AND ENDANGERED SPECIES, INCLUDING THE PREBLE'S MEADOW JUMPING MOUSE (ZAPUS HUDSONIUS PREBLEI): Mr. Barker introduced this resolution, which Chair Rademacher read into the record in it's entirety; regarding proposed enforcement of Endangered Species Act regulatory requirements, specifically for the Preble's jumping mouse, expressing the Board's concern that this may unnecessarily hinder essential flood repairs which need to be completed prior to high expected 2014 spring run-off, and that delay could even result in further flood damage. Chair Rademacher noted this resolution will be sent to the Governor and Cory Gardner to cite at the federal level. Commissioner Kirkmeyer noted a change to the dates of flooding; they should be expanded through September 17, 2013, due to areas where the river crested later. Commissioner Kirkmeyer moved to approve said resolution, as amended. The motion was seconded by Commissioner Garcia, and it carried unanimously. PLANNING: 0 1) SECOND READING OF CODE ORDINANCE 2014-1, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by Commissioner Garcia, and it carried unanimously. Tom Parko, Director of Department of Planning Services, explained this is an amendment to Chapter 24, regarding recorded exemptions, to give more discretion to the Board of County Commissioners for instances when a property owner cannot meet certain criteria, and there are valid extenuating and/or historical circumstances which can be presented to the Board for their consideration. Chair Rademacher opened the floor to public comment. Commissioner Kirkmeyer moved to approve said ordinance on second reading. Commissioner Garcia seconded. Commissioner Kirkmeyer noted the majority of the Planning Commission are now in support of this change after hearing the reasoning and examples of the historical use of the Board's discretion. The motion carried unanimously. Minutes, February 10, 2014 2014-0404 Page 4 BC0016 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2014-3, and #2014-4 were approved on First Reading. Code Ordianance#2014-1 was approved on Second Reading. 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 9:43 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUN O�LORADO d ATTEST: jCJ�;(k , �cd maC't .her,/(r, V`' citA✓ Douglass madema Chair Weld County Clerk to the Board v4 C%u. /)2 f-/iLE I p !barbara Kirkmeyer, Pro-Tem / BY:(1-02-044- .r De AiClerk to the Bo- .,F !ilea- ,&,EXCUSED ...lean P. Conway fij''iW 4tur 'ke Freeman z Willia F. Garcia Minutes, February 10, 2014 2014-0404 Page 5 BC0016 Hello