HomeMy WebLinkAbout20140219.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 13, 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, January 13, 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
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
IE MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 8, 2014, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
• CERTIFICATION OF HEARINGS: Hearings conducted on January 8, 2014: 1) USR13-0048 -
Michael Boulter, do Jim Beauregard, and 2) USR13-0050 -Xairos, LLC, and Monfort of Colorado Inc.
• AMENDMENTS TO AGENDA: Commissioner Conway moved to add Item #16 under NEW
BUSINESS: Consider Extension of Temporary Permit for a Hotel and Restaurant Liquor License for
Smokehouse Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
Ei PUBLIC INPUT: Doug Meyer, County resident, attended the Groundwater coalition meeting, and
thanked Monica Mika for her 20 years of service to the County. Commissioners Rademacher and
Commissioner Conway said it was an outstanding meeting, eight (8) legislators attended and they are
looking forward to bipartisan legislation this year that will ensure groundwater is part of the Governor's
plan.
Minutes, January 13, 2014 2014-0219
/r; Page 1 BC0016
BIDS:
1) PRESENT BID #B1400001 PATROL VEHICLES - SHERIFF'S OFFICE: Trevor Jiricek,
Director of General Services, reported six (6) bids were received and this will be brought back before
the Board with staff's recommendation on January 27, 2014.
El 2) PRESENT BID #61400002 CRIME SCENE VEHICLE - SHERIFF'S OFFICE: Mr. Jiriceck
reported three (3) bids were received and this will be brought back before the Board with staff's
recommendation on January 27, 2014.
e 3) PRESENT BID #61400003, INMATE TRANSPORT VEHICLE - SHERIFF'S OFFICE: Mr.
Jiriceck reported a single bid was received and will be brought back before the Board with staff's
recommendation on January 27, 2014. Mr. Jiricek noted that Braun is the only entity that sells this type
of vehicle and confirmed staff would evaluate the bid for competitive pricing.
in 4) PRESENT BID #B1400004, SUV - 4-DOOR/K-9 UNIT - SHERIFF'S OFFICE: Mr. Jiriceck
reported three (3) bids were received and this item will be brought back before the Board with staff's
recommendation on January 27, 2014.
• 5) PRESENT BID #61400005, 3/4 TON CREW CAB LONG BED PICKUP W/UTILITY BOX -
DEPARTMENT OF BUILDINGS & GROUNDS: Mr. Jiriceck reported five (5) bids were received and
this item will be brought back before the Board with staff's recommendation on January 27, 2014.
6) PRESENT BID #61400006, QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF
PUBLIC WORKS/TRUCKING: Mr. Jiriceck reported six (6) bids were received and this item will be
brought back before the Board with staff's recommendation on January 27, 2014.
ti 7) PRESENT BID #B1400007, ARTICULATING WHEEL LOADER - DEPARTMENT OF PUBLIC
WORKS /TRUCKING: Mr. Jiriceck reported five (5) bids were received and this item will be brought
back before the Board with staff's recommendation on January 27, 2014.
El 8) PRESENT BID #61400008, TANDEM AXLE MULTI PURPOSE TRUCK - DEPARTMENT OF
PUBLIC WORKS/TRUCKING: Mr. Jiriceck reported four (4) bids were received and this item will be
brought back before the Board with staff's recommendation on January 27, 2014.
e 9) PRESENT BID #B1400009, MOTORGRADERS WITH PLOW - DEPARTMENT OF PUBLIC
WORKS/GRADER: Mr. Jiriceck reported three (3) bids were received and this item will be brought back
before the Board with staff's recommendation on January 27, 2014. Commissioner Conway noted that
there were challenges with the Volvo's in the past, therefore, performance should be considered along
with price.
G 10) PRESENT BID #61400010, SKIDSTEER LOADERS W/MOWER ATTACHMENT (QTY- 2)
- DEPARTMENT OF PUBLIC WORKS/BRIDGE AND MAINTENANCE: Mr. Jiriceck reported six (6)
bids were received and this item will be brought back before the Board with staff's recommendation on
January 27, 2014.
e 11) PRESENT BID #61400011, 1-1/2 TON 4X4 EXTENDED CAB DUAL WHEELS W/FLATBED
- DEPARTMENT OF PUBLIC WORKS/BRIDGE: Mr. Jiriceck reported three (3) bids were received
and this item will be brought back before the Board with staff's recommendation on January 27, 2014.
Minutes, January 13, 2014 2014-0219
Page 2 BC0016
ID 12) PRESENT BID #B1400012, 40 TON HYDRAULIC SLIDING AXLE TRAILER -
DEPARTMENT OF PUBLIC WORKS/BRIDGE: Mr. Jiriceck reported seven (7) bids were received and
this item will be brought back before the Board with staff's recommendation on January 27, 2014.
• 13) PRESENT BID #B1400013, BACKHOE WITH ATTACHMENTS - DEPARTMENT OF
PUBLIC WORKS/BRIDGE: Mr. Jiriceck reported five (5) bids were received and this item will be
brought back before the Board with staffs recommendation on January 27, 2014.
ra 14) PRESENT BID #61400014, 4X4 CAB AND CHASIS WITH FLATBED UTILITY BOX -
DEPARTMENT OF PUBLIC WORKS/MAINTENANCE: Mr. Jiriceck reported a single bid was received
and will be brought back before the Board with staff's recommendation on January 27, 2014. Barbara
Connolly said this seems to be the norm from previous years, and Mr. Jiricek confirmed it would be
evaluated for competitive pricing.
• 15) PRESENT BID #B1400015, MESSAGE SIGN BOARDS - DEPARTMENT OF PUBLIC
WORKS/MAINTENANCE: Mr. Jiriceck reported a single bid was received and will be brought back
before the Board with staff's recommendation on January 27, 2014; there are only two vendors, and
this bid was solicited and is from the vendor the County has used previously.
16) PRESENT BID #61400016, EXTENDABLE STACKER - DEPARTMENT OF PUBLIC
WORKS/MINING: Mr. Jiriceck reported four (4) were received and this item will be brought back before
the Board with staff's recommendation on January 27, 2014.
e 17) PRESENT BID #B1400017, HYDRAULIC EXCAVATOR - DEPARTMENT OF PUBLIC
WORKS/MINING: Mr. Jiriceck reported five (5) bids were received and this item will be brought back
before the Board with staff's recommendation on January 27, 2014. (The previous Volvo comments
apply to this item as well.)
• 18) PRESENT BID #B1400018, CHIP SPREADER - DEPARTMENT OF PUBLIC
WORKS/PAVEMENT: Mr. Jiriceck reported a single bid was received and will be brought back before
the Board with staff's recommendation on January 27, 2014
e 19) PRESENT BID #61400019, SIDE DUMP TRAILER - DEPARTMENT OF PUBLIC
WORKS/PAVEMENT: Mr. Jiriceck reported five (5) bids were received and this item will be brought
back before the Board with staff's recommendation on January 27, 2014.
e 20) PRESENT BID #61400020, 4X4 GENERAL PURPOSE UTILITY VEHICLE WITH TRAILER-
DEPARTMENT OF PUBLIC WORKS/ENGINEERING: Mr. Jiriceck reported two (2) bids were received
and this item will be brought back before the Board with staff's recommendation on January 27, 2014.
e 21) PRESENT BID #61400021, FLEX WING ROTARY MOWER - DEPARTMENT OF PUBLIC
WORKS /WEED AND PEST: Mr. Jiriceck reported four (4) bids were received and this item will be
brought back before the Board with staff's recommendation on January 27, 2014.
Minutes, January 13, 2014 2014-0219
Page 3 BC0016
NEW BUSINESS:
e 1) MEMORANDUM OF UNDERSTANDING FOR THE COLORADO WORKS PROGRAM AND
THE CHILD CARE ASSISTANCE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Judy Griego,
Director of Department of Human Services, said the program was developed with input from County,
State and other advocates, and Bob Choate, Assistant County Attorney, reviewed it with Colorado
Counties, Inc.; it reflects the department's goals for a two-year term, and she requested approval. In
response to Commissioner Kirkmeyer, Ms. Griego said this is the annual memorandum of
understanding, that covers two years but can be terminated after one, and there are no additional
requirements other than following the State rules, because Mr. Choate did a good job of watching out
for added regulations. He also made sure there are authorities provided for the Board. There was
discussion regarding reference to mediation by a third party of the Governor's choosing, which was
approved. Commissioner Freeman moved to approve said Memorandum of Understanding and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
E 2) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR NOVEMBER, 2013, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of
Department of Buildings and Grounds, presented the monthly certificati on to pay submitted to the State
Veteran's Service Office and recommended approval. He confirmed the new downtown office location
is working well. Commissioner Conway moved to approve said report and authorize the Chair to sign.
The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 3) CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN STATE HWY 60 AND CR 50:
Amy Joseph, Department of Public Works, explained this closure was rescheduled due to weather
events; there are no other changes. She confirmed the project is partially flood related. Commissioner
Freeman moved to approve said temporary road closure. The motion, which was seconded by
Commissioner Garcia, carried unanimously.
4) CONSIDER TEMPORARY CLOSURE OF CR 53 BETWEEN CRS 60.5 AND 62.5: Ms. Joseph
said this is a temporary road closure for a culvert replacement. Commissioner Conway moved to
approve said closure. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
5) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - HUMANE SOCIETY OF WELD COUNTY: Bruce Barker, County Attorney, recalled the
Sheriff's Office had a work session with the Board to review the provisions, which are the same as last
year except the amounts per day are slightly increased. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion and it
carried unanimously.
6) CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY
DOCUMENTS — JOHN AND BILLIE MARTIN: Leon Sievers, Department of Public Works, stated this
is the first of many parcels for the CR 49 Improvements Project, and this owner asked the department
to move forward quickly. He explained compensation was based on a value finding prepared by the in-
house appraiser; the owner is also being compensated for the removal and replacement of a fence, 13
mature trees, and the relocations of a flag pole used for Christmas tree lights (with electricity).
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign necessary
documents. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
Minutes, January 13, 2014 2014-0219
Page 4 BC0016
IR 7) CONSIDER PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT
FOR COUNTY ROAD 43, REIMBURSEMENT OF APPROPRIATE INCURRED COSTS, and AND
AUTHORIZE CHAIR TO SIGN — UNION PACIFIC RAILROAD COMPANY: Wayne Howard,
Department of Public Works, explained this is the replacement of an at-grade crossing in bad shape;
the County is responsible for the materials and the railroad is responsible for the labor. Repairs will
occur sometime in the spring. He confirmed these are unique materials and will be ordered by the
railroad from their vendors. Commissioner Freeman moved to approve said agreement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 8) AGREEMENT FOR PROFESSIONAL SERVICES WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Mr. Jiricek said these four agreements relate to the design/engineering
consultant RFQ's approved by the Board last week; contracts are still in process, but staff requests
approval them prior to tomorrow's work session to expedite the work. In response to Commissioner
Conway, Mr. Howard said he anticipates issues due to the short time frame depending on the weather,
so the sites will be prioritized, in part, during today's 11:00 a.m. meeting. Those priorities may change
due to snow melt, but the Board will be informed as that progresses. The hourly rates are somewhat
uniform, although Atkins is somewhat higher. How the distribution of projects is handled will be
determined in the upcoming work session, but those consultants with previous experience in certain
corridors will be given preference in that corridor. Mr. Jiricek wanted it on the record that Base Tactical
is a part of this process, and will help with the follow-through. Commissioner Rademacher said the
snow melt will likely be pretty good this year, so diligence is required. Commissioner D moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Garcia, carried unanimously.
El 9) CONSIDER APPOINTMENT OF INTERIM DIRECTOR OF FINANCE AND ADMINISTRATION
AND DIRECTOR OF BUDGET AND MANAGEMENT ANALYSIS: Chair Rademacher, by the Chair's
prerogative, deferred this item to the end of New Business.
e 10) CONSIDER APPOINTMENT OF THE CLERK TO THE BOARD: Commissioner Garcia
moved to approve said appointment. The motion was seconded by Commissioner Conway, and it
carried unanimously. The Board welcomed Ms. Gesick to the position, citing her extensive experience
with the Clerk to the Board's Office.
e 11) CONSIDER DELEGATION OF AUTHORITY FOR E-GRANT SUBMITTAL: Commissioner
Kirkmeyer moved to approve said delegation of authority. The motion was seconded by Commissioner
Conway, and it carried unanimously.
IR 12) CONSIDER CERTAIN WELD COUNTY OFFICIALS TO HAVE ACCESS TO THE SAFE
DEPOSIT BOX AT CHASE BANK — GREELEY: Commissioner Garcia moved to approve said
resolution regarding safe deposit access. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
E 13) CONSIDER APPOINTMENT OF PRIVACY OFFICERS UNDER HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND SECTION 3-15 OF THE WELD COUNTY
CODE: Commissioner Freeman moved to approve said appointments. The motion was seconded by
Commissioner Conway, and it carried unanimously.
Minutes, January 13, 2014 2014-0219
Page 5 BC0016
14) CONSIDER APPOINTMENT TO THE BOARD OF DIRECTORS FOR THE WELD FINANCE
CORPORATION: Commissioner Kirkmeyer moved to approve said appointment. The motion was
seconded by Commissioner Conway, and it carried unanimously.
El 15) CONSIDER APPOINTMENT OF PRINCIPAL LIFE INSURANCE COMPANY TO
ADMINISTER THE DEFERRED COMPENSATION PLAN OF THE COUNTY OF WELD, STATE OF
COLORADO: Commissioner Conway moved to approve said appointment. Seconded by
Commissioner Freeman, the motion carried unanimously.
e 9) CONSIDER APPOINTMENT OF INTERIM DIRECTOR OF FINANCE AND ADMINISTRATION
AND DIRECTOR OF BUDGET AND MANAGEMENT ANALYSIS: (revisited) Commissioner Kirkmeyer
moved to approve said appointment. Seconded by Commissioner Conway, the motion carried
unanimously.
El 16) CONSIDER EXTENSION OF TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT
LIQUOR LICENSE FOR SMOKEHOUSE ENTERPRISES, LLC, DBA OLE HICKORY SMOKEHOUSE
AND TAVERN AND AUTHORIZE THE CHAIR TO SIGN: Brad Yatabe, Assistant County Attorney,
explained this is consideration of the extension of a temporary liquor license permit issued on August
28, 2013, based upon an application for a transfer from the prior business, which was held-up at the
State level, and in order to allow the State time to process the transfer, a 60-day extension is requested
as allowed by statute, retroactive to December 26, 2013. Commissioner Freeman moved to approve
said extension of the temporary license. The motion was seconded by Commissioner Conway, and it
carried unanimously.
PLANNING:
1) CONSIDER RECORDED EXEMPTION, RECX13-0114 - HOWARD AND JENNIFER
AXELSON: Diana Aungst, Department of Planning Services, explained the lot size of .5 acres does not
meet the minimum required by code and reviewed images of the site and the location. Existing
buildings on the site meet the setbacks and the offsets of the code; there are two existing residences
which will be on separate lots. In response to Commissioner Kirkmeyer, Ms. Aungst explained three
lots are being proposed, and Lot B will be 75 acres in size and there is an existing septic system with
an undetermined leach field location which must meet the setbacks; therefore, the applicants will have
to go to the Board of Health or acquire an easement. The site is on tap with the North Weld County
Water District and the access is off of CR 64. There is a separate access for the property off of CR 43.
Ms. Augnst confirmed the primary reason Planning is opposed is the minimum lot size requirement.
Robert Kreps, acting as agent for Howard and Jennifer Axelson, said the farm is up for sale, and
the requested exemption is to accommodate Dan Olson and his father, who are purchasing the land
and improvements. a Dan Olsen said he and his father are dividing the lots between them, this is a
corner lot bounded on the east and south by existing farm buildings, and these buildings/farm
improvements place a constraint on how the lot needs to be divided, with a goal of keeping the farming
operation intact. ID Ms. Aungst said this was inspected in September, 2013; the Health Department
says the septic is not of sufficient size and needs to be upgraded or replaced (she would add that as a
Condition of Approval under #1). Commissioner Kirkmeyer commented that she is not opposed to the
exemption because this is a family farming operation and pointed out that the reason for a minimum lot
size is specifically for the septic and leach fields, so she suggested a Condition of Approval that there is
an easement to expand that onto the other property. El The Board concurred an easement needs to
be required to protect any future landowner, and the applicants voiced their agreement. F:1 No public
comment was forthcoming. a Commissioner Garcia moved to approve said recorded exemption.
Minutes, January 13, 2014 2014-0219
Page 6 BC0016
The motion was seconded by Commissioner Conway with the understanding that language regarding
the easement would be included, and this carried unanimously. Staff subsequently decided Condition
of Approval #2.H will read, "The applicant shall show the dedicated easement for future septic system
expansion across Lot A of RECX 13-0113 and Lot A of RECX 13-0114."
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 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: GA 4.e at.ic t` t 7 kg.„1
Dougla ademach r, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer,pro-Tem
BY.
Deputy Clei to the Boar /7`
� �� Sean P. Conway
jJ r 1,4
r'
14611 ,r
��� ` s i Mike Free
'� r1 �t C/
W am . Garcia
Minutes, January 13, 2014 20140219
Page 7 BC0016
Hello