HomeMy WebLinkAbout20140514.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 19, 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 19, 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
El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of February 12, 2014, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IE CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
e PUBLIC INPUT: No public input was given.
• COMMISSIONER COORDINATOR REPORTS: Commissioner Conway thanked Representative
Cory Gardner for meeting with the North 1-25 Coalition; he will also raise those issues at the upcoming
National Association of Counties meeting in Washington, D.C., and Commissioners Conway and
Kirkmeyer will also be in attendance. Commissioner Conway said the Trans ortation Bill is up this
year, and he is hoping they make progress on the issue of the 1-25 corridor. Chair Rademacher
reported on the South Platte Roundtable meeting in Sterling, Colorado; the Groundwater Coalition met
with the Groundwater Subcommittee prior to the meeting.
'B Minutes, February 19, 2014 2014-0514
Page 1 BC0016
BIDS:
El 1) APPROVE BID #B1400026, ARTICULATING WHEEL LOADER - DEPARTMENT OF PUBLIC
WORKS/TRUCKING: Trevor Jiricek, Director of General Services, said staff is recommending the low
bidder, 4 Rivers Equipment, in the amount of $338,500.00. Jay McDonald, Neal Bowers, Lee Stephen,
Curtis Hall, and Steve DeTienne, Department of Public Works, were also present to answer questions.
Commissioner Kirkmeyer moved to approve staff recommendation. Seconded by Commissioner Garcia,
the motion carried unanimously.
• 2) APPROVE BID #61400027, 20-TON SINGLE DRUM VIBRATORY ROLLER - DEPARTMENT
OF PUBLIC WORKS/GRADER: Mr. Jiricek said staff is recommending the low bid from Power
Equipment, with all options, in the amount of $170,488.00. Commissioner Conway moved to approve
staff recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
• 3) APPROVE BID #61400028, SINGLE AXLE TRUCK W/POTHOLE SPRAY SYSTEM -
DEPARTMENT OF PUBLIC WORKS/PAVING: Mr. Jiricek said staff is recommending the low bidder that
meets specifications, Macdonald Equipment Company, in the amount of $199,450.00. In response to
Chair Rademacher, Mr. Bowers said the 150-day wait time should not be a problem because the older
vehicle is still working while awaiting replacement. Commissioner Garcia moved to approve staff
recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 4) APPROVE BID #B1400029, 20-TON SINGLE PAD FOOT VIBRATORY ROLLER -
DEPARTMENT OF PUBLIC WORKS/GRADER: Mr. Jiricek said staff is recommending the low bid from
Power Equipment, in the amount of $185,278.00, with all selected options. Commissioner Conway
moved to approve staff recommendation. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
Fl 5) APPROVE BID #61400031, HYDRAULIC EXCAVATOR TRACK MOUNTED - DEPARTMENT
OF PUBLIC WORKS/BRIDGE: Mr. Jiricek said staff is recommending the low bid from Power Equipment,
in the amount of $150,421.00. Commissioner Freeman moved to approve staff recommendation.
Seconded by Commissioner Conway, the motion carried unanimously.
Fl 6) APPROVE BID #B1400032, ARTICULATING WHEEL LOADER - DEPARTMENT OF PUBLIC
WORKS/BRIDGE: Mr. Jiricek said staff is recommending the low bid from Titan Machinery, in the amount
of$172,777.00. This one is in stock and can be delivered immediately. Commissioner Conway moved to
approve staff recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 7) APPROVE BID #B1400033, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek said staff is recommending the low bidders, and there are nine vendors for a variety of
materials. Mr. Stephen reviewed the selected vendors, explaining that three of the nine were the lowest
bidders who met specifications. Commissioner Conway moved to approve staff recommendation.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
El 8) APPROVE BID #B1400035, MOTOR GRADER (LEASED) - DEPARTMENT OF PUBLIC
WORKS/BRIDGE: Mr. Jiricek said staff is recommending the second low bidder, 4 Rivers Equipment, in
the amount of $1,700.00 per month, for a two year lease, due to a bigger engine and the use of the GPS
system. It is identical to the one now in the fleet. Commissioner Kirkmeyer moved to approve staff
recommendation. Seconded by Commissioner Conway, the motion carried unanimously. The Board
commended staff for their work on these bids.
Minutes, February 19, 2014 2014-0514
Page 2 BC0016
O 9) CONSIDER BID #B1400036, ON-SITE STRETCHING PROGRAMS - DEPARTMENT OF
HUMAN RESOURCES: Mr. Jiricek said staff is recommending the low bidder, FitQuest dba 3:1
Corporate HPM Solutions-Rock Solid, pricing is dependent upon the number of participants and there is
$25,000 budgeted for this purchase. Staci Datteri-Frye and Patti Russell, Department of Human
Resources, explained that, after the work session, it was recommended the availability of the program be
extended to the Communications Department as well as Human Services, and explained the potential
savings in insurance costs from anti-depressants (a high-cost area) and treatment for carpal-tunnel
syndrome. Commissioner Kirkmeyer explained that avoiding even one case of carpal-tunnel syndrome
(which costs around $35,000.00) would more than pay for this program. She said this brings people
together for a short break (10 minutes per day) to stretch which provides team building/stress reduction
and increased productivity. Human Services did a pilot program with FitQuest for 12 weeks. Judy Griego,
Director of Department of Human Services, explained that this is for specific staff doing high-stress and/or
desk-bound work such as repetitious data entry. Chair Rademacher expressed concern with increased
cost if other departments request the program. Commissioner Kirkmeyer noted they are only approving
an amount "not to exceed" and a vendor, and any other departments would have to come before the
Board with their request. In response to Commissioner Conway, Ms. Griego said that her perception of
the pilot program was very positive. He asked how staff would judge the effectiveness of this program,
and Ms. Datteri-Frey explained the cost analysis methodology for the pilot program, including self-
reported pain reduction, and long-term benefits. There was further discussion of the cost per person and
the training program. Commissioners Garcia, Conway and Rademacher stated they were leaning against
approval. ti Commissioner Freeman noted this was approved in the budget process and so he is still
in favor. a Chair Rademacher said training was received during the three-month pilot project, so
staff should be able to continue without assistance and at no cost. Commissioners Conway and Chair
Rademacher suggested another work session, and Commissioner Kirkmeyer requested the bid can
stay on the table until a work session has taken place. Commissioner Kirkmeyer said she appreciated
such a thorough review from staff of the program and potential savings. No motion was deemed
necessary.
0 10) PRESENT BID #61400041, 2014 STEEL BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek reported there are five vendors and this bid will be brought back before the Board with a
recommendation from staff on March 5, 2014.
la 11) PRESENT BID #61400042, CONCRETE WASHED ROCK AND SQUEEGEE - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek reported there are six vendors and this bid will be brought back before
the Board with a recommendation from staff on March 5, 2014.
O 12) PRESENT BID #61400044, CR 55 AND SH 392 INTERSECTION IMPROVEMENTS -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reported there are three contractors and this bid will be
brought back before the Board with a recommendation from staff on March 5, 2014. He noted this is a
good example of what the spring will look like in terms of limited contractor availability.
O 13) PRESENT BID #61400052, RFQ - BRIDGE26/25A REPLACEMENT/ENGINEERING
SERVICES - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reported there are nine participating
vendors and this bid will be brought back before the Board with a recommendation from staff on March 5,
2014. Chair Rademacher noted there are no local vendors. Mr. Jiricek said this is a relatively small
project and so there fewer bids and noted just there were three times this many vendors on the RFQ a
couple months ago, but many are looking for larger projects.
Minutes, February 19, 2014 2014-0514
Page 3 BC0016
OLD BUSINESS:
• 1) 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, said this item
was continued from last week and discussed in a recent work session. He said DPG's attorneys are
requesting this filing as a necessary pre-requisite - since the parties are so far apart. Chair Rademacher
said there is still a window of opportunity to come to an agreement with the landowners after this is filed.
Leon Sievers, Department of Public Works, confirmed these negotiations have been going on for over a
year. Commissioner Conway noted the Board does not like Eminent Domain, but this is a major project
for Weld County and he retains hope that negotiations can continue; the Board has not gotten to this point
in at least five years thanks to due diligence and fair compensation to landowners. Commissioner
Kirkmeyer concurred, and added that sometimes there is an advantage to the property owner to go
through eminent domain for a significant tax savings. Commissioner Garcia moved to approve said filing.
Seconded by Commissioner Freeman, the motion carried unanimously.
e 2) CONSIDER AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY AND AUTHORIZE
CHAIR TO SIGN - DPG FARMS, LLC: Mr. Choate explained this is related to the previous matter. This
is a signed agreement that allows the contractors and employees to conduct geotechnical and other
surveys to ascertain the value of the property, without having to wait for the Courts to sign an order
granting this access. Commissioner Conway moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
NEW BUSINESS:
e 1) CONSIDER REVISIONS TO OPERATIONS MANUAL, SECTION 2.100, RESPONSE TEAM:
Judy Griego, Director of Department of Human Services, explained these are revisions to policies and
procedures reflecting new state requirements for reporting neglect and abuse, assessment, review, and
entry of data, the handling of requests for information by other agencies, and other mandated case
management techniques. Commissioner Garcia moved to approve said revisions. The motion, which was
seconded by Commissioner Conway, carried unanimously.
2) CONSIDER CHRONIC DISEASE SELF-MANAGEMENT EDUCATION (CDSME) LICENSE
HOLDER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO AREA HEALTH
EDUCATION CENTER: Ms. Griego explained this allows implementation of an education series under a
grant for older adults and adults with disabilities through the Department's Area Agency on Aging, with
reimbursement of $160 per person, and this is year two of a three-year funding availability.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Freeman, the motion carried unanimously.
e 3) CONSIDER ASSUMPTION OF CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - MONAGHAN PSYCHOTHERAPY SERVICES, INC.: Ms. Griego
explained this agreement was entered into with Counseling Services of Longmont; there are no changes
to the original agreement and they are asking for approval of the assumption and described the scope of
work. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
e 4) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT
APPLICATION FOR LONG TERM CARE OMBUDSMAN/FRIENDLY VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego explained this grant provides elder abuse education
programs for long-term care staff as well as the visitor program for elders, and requested approval.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
Minutes, February 19, 2014 2014-0514
Page 4 BC0016
5) CONSIDER MEMORANDUM OF UNDERSTANDING FOR FAMILY UNIFICATION PROGRAM
WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Ms. Griego explained this program is
provided by the local United Way, assisting youth aging out of the foster system to transition to adulthood
and locate housing. Commissioner Garcia moved to approve said memorandum of understanding and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
ID 6) CONSIDER AGREEMENT FOR ACCESS TO ACCURINT SYSTEM AND AUTHORIZE
CHAIR TO SIGN - LEXIS NEXIS RISK SOLUTIONS FL, INC.: Ms. Griego explained this will allow 48
staff members to locate individuals whose whereabouts and ID are not readily available, and do other
background checks. She explained her department holds the account, and other departments, such as
Sheriff's Office, also utilize the system. She explained upgrades to the previous contract and requested
approval. Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Garcia, the motion carried unanimously.
11 7) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - WINDSOR RENEWAL,
LLC: Christopher Woodruff, Weld County Assessor, stated this was for two properties in 2013, an
adjustment is being recommended because their agent neglected to file properly on both parcels, but an
adjustment was granted to one of them, and reviewed the amounts. Commissioner Conway moved to
approve said refund of taxes. The motion, which was seconded by Commissioner Garcia, carried
unanimously.
e 8) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR JOINT SCHOOL RESOURCE
OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWN OF MEAD / ST. VRAIN VALLEY
SCHOOL DISTRICT: David Clarke, Commander, Sheriff's Office, presented this agreement and noted
that Weld Central has the only other school resource officer from the Sheriff's Office at this time.
Commissioner Conway asked Commander Clarke if this detail is completely dedicated to Mead High
School, which was confirmed. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. Commissioner Garcia seconded the motion and it carried unanimously. Commissioner
Conway requested a work session regarding a previous discussion in regard to the Ritchie Brothers
Auction House in the Town of Mead and Commissioner Kirkmeyer recommended looking at policies in
the code regarding deputies working outside the scope of their normal duties.
G 9) CONSIDER RENEWAL APPLICATION FOR A TAVERN LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - MARK ZITEK, DBA HEREFORD BAR AND GRILL: Brad Yatabe,
Assistant County Attorney, stated the renewal application is in order and the Sheriffs Office has done an
inspection and reported no concerns. Commissioner Freeman moved to approve said renewal
application and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
10) CONSIDER EQUIPMENT LEASE AND AUTHORIZE CHAIR TO SIGN — POWER
EQUIPMENT COMPANY: Mr. Jiricek stated this is an agreement for the rental of equipment in excess of
$10,000 and reviewed strike-outs on the agreement needing to be initialed by the Chair. Mr. McDonald,
Department of Public Works, explained this is for a 40-ton articulated truck, Power Equipment's lease is
for 200 hours per month, as opposed to the other vendors' limits of 176 hours per month, so there will not
be overage charge and confirmed this is a vehicle currently being used. Commissioner Conway moved
to approve said equipment lease and authorize the Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
Minutes, February 19, 2014 2014-0514
Page 5 BC0016
e 11) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-20.5-5) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING,
INC.: Clay Kimmi, Department of Public Works, explained this is for flood repairs on CR 20.5 to help
protect repairs from spring run-off; FEMA's share is 75 percent and there may be further state funds.
Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The
motion, which was seconded by Commissioner Kirkmeyer carried unanimously.
• 12) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR19.5-36B) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING,
INC.: Mr. Kimmi stated this is also for engineering design in preparation for spring run-off. Commissioner
Freeman moved to approve said work order form and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
e 13) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR20.5-3B) PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING,
INC.: Mr. Kimmi stated this is similar to the previous two items. Commissioner Conway moved to approve
said work order form and authorize the Chair to sign. The motion, which was seconded by Commissioner
Garcia, carried unanimously.
e 14) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR16.5-1B PURSUANT TO
AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - ICON ENGINEERING,
INC.: Mr. Kimmi stated this is similar to the previous three items; this one is along Boulder Creek.
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.
• 15) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR RIGHT-OF-WAY AND
EASEMENT ACQUISITION AND AUTHORIZE CHAIR TO SIGN - WESTERN STATES LAND
SERVICES, INC.: Mr. Jiricek stated this is a contract using Larimer County's procurement process.
Mr. Jiricek noted the Weld County Code allows the use of other governmental processes, explained
how this item was researched, and explained the fee schedule and the work order process. In
response to Commissioner Kirkmeyer, he confirmed there is no "amount not to exceed"; however, the
Board has final say on every work order. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
PLANNING:
le 1) CONSIDER AMENDING FIGURE 24, WELD COUNTY FUNCTIONAL CLASSIFICATION
MAP OF THE 2035 WELD COUNTY TRANSPORTATION PLAN, AND AMEND CONDITIONS OF
APPROVAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0032 - PUBLIC SERVICE COMPANY
OF COLORADO: Bruce Barker, County Attorney, explained Dennis Hoshiko, of Hoshiko Farms, Inc., is
requesting the future right-of-way be modified from an "arterial" to a "collector" road - Condition of
Approval #2.F.8, suggested giving direction to staff that a traffic plan update be done sometime this
summer, and recommended a decision on the width of the right-of-way for CR 64 today, so that can be
put on the plat. Mr. Barker said Mr. Hoshiko's concern is regarding the right-of-way width for N. Balsam,
and recommended Mr. Hoshiko have a discussion with Public Service Company. Commissioner Freeman
recommended approval today, so Public Service can begin work. IR Patrick Groom, representing DCP
Midstream, Inc., said he would concede to continuing this matter until Monday. a Dennis Hoshiko said
new information has come to light that the easement on N. Balsam Avenue might not be 60 feet, and
requested a continuance to research this further. There was further discussion of the width of the right-of-
Minutes, February 19, 2014 2014-0514
Page 6 BC0016
way. Mr. Barker pointed out there could be an as yet unforeseen reason for building a larger roadway
there someday, so the County would have to move any structure allowed to be there (such as power
poles). Commissioner Kirkmeyer expressed doubts this road will ever be improved because it is basically
a dead end, and, in addition, if it was a major cost it would not get done, so this is an exceptional
circumstance. Mr. Groom stated that Public Service Company does not care what the width is, but needs
to know so they can get started, and they will place their poles as far from Mr. Hoshiko's land and as
close to the road as possible. .e Elizabeth Relford, Department of Public Works, noted local roads feed
collectors and arterials, and CR 43 is a major collector so it does not make sense to dead-end; in theory it
would be best to downgrade the road only in sections. Chair Rademacher said he is willing to go to 60
feet, if Mr. Hoshiko is willing to bear the moving costs in the future. Mr. Hoshiko said Hoshiko Farms does
not want to acquiesce to additional property being dedicated to future road use at their expense, but
understands the 60 foot minimum. Commissioner Conway moved to grant a continuance until Monday,
February 24, 2014. The motion, which was seconded by Commissioner Garcia, carried unanimously.
Commissioner Kirkmeyer moved to amend the motion to continue the matter until February 26, 2014, so
she can be present. Commissioner Garcia seconded the amended motion 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 10:46 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daa
GG G vC/lo Dougla� Rademacher, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
BY: - ^ � � Barbara Kirkmeyer, Pro-Tem
pto� -KA � pn+i , a.. --
De uW Clerk to the Board
Sean P. Conway• L
1 � 4 % Mike Free
e
-,:zev. _ Sr Wi liam F. Garcia
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Minutes, February 19, 2014 2014-0514
Page 7 BC0016
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