HomeMy WebLinkAbout20143152.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, OCTOBER 15, 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, October 15, 2014, at the hour of 9:00 a.m.
F 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- EXCUSED
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
la MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 13, 2014, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 8, 2014, as follows: 1) PUDZ14-0002, Goddard Investments, LLC, c/o
Panorama Estates, LLC, c/o Lockman Land Consulting, LLC, 2) USR14-0041, Scott Koskie, do Weld
County Department of Public Works, and 3) USR14-0038, Melvin and Julie Ellis, do Scott McBride.
Commissioner Garcia seconded the motion, which carried unanimously.
F AMENDMENTS TO AGENDA: There were no amendments to the agenda.
F CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - MARILYN
PARGAS: Chair Pro-tem Kirkmeyer read the certificate into the record and it was accepted on
Ms. Pargas's behalf by Judy Griego, Director of the Department of Human Services.
El PUBLIC INPUT: No public input was given.
Minutes, October 15, 2014 2014-3152
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El COMMISSIONER COORDINATOR REPORTS: Commissioner Conway said last night was the
First Annual Weld County Celebrating Our Community fundraising event, which raised money for three
charities.
OLD BUSINESS:
El 1) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF CRS 79 AND 70 SECTION LINE RIGHT-OF-WAY AND AUTHORIZE CHAIR TO
SIGN - BILL BARRETT CORPORATION: Rich Hastings explained that Bill Barrett Corporation had
requested this, which caused the neighboring cattle rancher consternation, but since the continuance
the two parties have reached an agreement for a private easement, therefore this request has been
withdrawn.
2) CONSIDER PROFESSIONAL SERVICES AGREEMENT FOR CODERED EMERGENCY
NOTIFICATION SYSTEM, AND AUTHORIZE CHAIR TO SIGN - EMERGENCY COMMUNICATIONS
NETWORK, LLC: Mike Wallace, Director of Public Safety Communications, explained this agreement is
for a replacement of the current Reverse 911 System, and is a state bid through the Western States
Contracting Alliance (WSCA) cooperative purchasing program. Commissioner Garcia moved to
approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously.
3) CONSIDER CHANGE ORDER NO. 1 TO WORK ORDER FORM (FLOOD REPAIRS -
BRIDGE EM-BR3/42A PHASE 1 - PRIOR TO SPRING RUNOFF) AND AUTHORIZE CHAIR TO SIGN
-AYRES ASSOCIATES, INC.: Clay Kimmi, Department of Public Works, said this is the first of five (5)
issues with Ayres to be addressed today. He explained that, in Phase I of repairing the flood damaged
bridges, some of the abutments were found to be in worse condition than anticipated. He said Ayres
was directed by Public Works staff to do the additional work and roll the change order forward into the
costs of Phase II. Since they are no longer doing Phase II, their invoice in the amount of $2,686.76
needs to be paid. Mr. Kimmi noted that internal processes have changed to ensure this does not
happen again and these funds will be reimbursed by FEMA. Commissioner Conway said that the work
has been done and needs to be paid for. Commissioner Kirkmeyer stated a contract is of no use if it is
not abided by; they don't have anything written that indicates this change order was approved.
Commissioner Freeman concurred, but said they were directed by the Public Works department to get
the work done, so that puts the County in a tight spot and this is a unique situation. Commissioner
Kirkmeyer countered that this company has done a lot of County work and knows how the process
works and should have acted accordingly. Commissioner Garcia said after being fully informed by staff
in a work session, he is in support of approving the work orders so the company can be paid.
Commissioner Garcia moved to approve said change order and authorize the Chair to sign. The
motion was seconded by Commissioner Freeman, and it carried three to one, with Commissioner
Kirkmeyer opposed.
4) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR15.5/52.0) PURSUANT
TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - AYRES
ASSOCIATES, INC.: Mr. Kimmi stated this is the same issue as the previous item and reviewed the
change order amount of $2,987.25. Commissioner Garcia moved to approve said work order and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried three
to one with Commissioner Kirkmeyer opposed.
Minutes, October 15, 2014 2014-3152
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R
El 5) CONSIDER WORK ORDER FORM (FLOOD REPAIRS EM BR13/54A) PURSUANT
TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - AYRES
ASSOCIATES, INC.: Mr. Kimmi reviewed the work order amount of$6,237.50. Commissioner Freeman
moved to approve said work order and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried three to one, with Commissioner Kirkmeyer opposed.
E 6) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR19/46.5A) PURSUANT
TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - AYRES
ASSOCIATES, INC.: Mr. Kimmi reviewed the work order amount of $3,952.50. Commissioner Garcia
moved to approve said work order and authorize the Chair to sign. Seconded by Commissioner
Freeman, it carried three to one, with Commissioner Kirkmeyer opposed.
E 7) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR5/42A) PURSUANT
TO AGREEMENT FOR DESIGN SERVICES AND AUTHORIZE CHAIR TO SIGN - AYRES
ASSOCIATES, INC.: Mr. Kimmi reviewed the work order amount of$2,380.00. Commissioner Conway
moved to approve said work order and authorize the Chair to sign. Seconded by Commissioner
Garcia, it carried three to one, with Commissioner Kirkmeyer opposed. Commissioner Kirkmeyer said
she concurred with Commissioner Garcia in appreciating the work of staff negotiating this issue.
NEW BUSINESS:
E 1) CONSIDER ACKNOWLEDGING CANCELLATION OF TAX LIEN SALE CERTIFICATE
(TS CERT 2012-18621): John Lefebvre, Treasurer, explained these three items of business are all
regarding mobile homes. This one was double assessed. Commissioner Conway moved to
acknowledge said cancellation of tax lien certificate. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
IlEI 2) CONSIDER ACKNOWLEDGING CANCELLATION OF TAX LIEN SALE CERTIFICATE
(TS CERT 2012-18653): Mr. Lefebvre stated staff were unable to locate this mobile home.
Commissioner Garcia moved to approve said cancellation of tax lien certificate. The motion was
seconded by Commissioner Conway, and it carried unanimously.
3) CONSIDER ACKNOWLEDGING CANCELLATION OF TAX LIEN SALE CERTIFICATE
(TS CERT 2013-22866): Mr. Lefebvre said staff were unable to locate this mobile home. Commissioner
Freeman moved to acknowledge cancellation of tax lien certificate. The motion was seconded by
Commissioner Conway, and it carried unanimously.
4) CONSIDER CHANGE ORDER #2 FOR MOTOR POOL CNG/LNG MODIFICATION (BID
#B1400096) - CLASSIC CONTRACTORS, INC.: Toby Taylor, Director of the Department of Buildings
and Grounds, noted a correction to the Agenda -as this is not a "DESIGN-BUILD," and those words will
be removed. He explained that the CNG modification needs a new service line connected to the
building, and Excel energy said they would not approve the connection without upgrading the
transformer and the meter. Therefore, the power source needs to be upgraded at a cost of$4,736.00,
for that modification to take place. Commissioner Freeman moved to approve said change order and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
El 5) CONSIDER ACCEPTANCE OF A DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-
WAY AND AUTHORIZE CHAIR TO SIGN - CHARLES J. ODENDHAL III: Leon Sievers, Department
of Public Works, said this road is in the Town of Keota, and has existed for 80-100 years without an
easement or deed. He said the landowner is granting the deed of dedication to the County at no cost,
Minutes, October 15, 2014 2014-3152
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and confirmed the County already maintains this road. Commissioner Conway moved to approve
acceptance of said deed of dedication and authorize the Chair to sign. Seconded by Commissioner
Freeman, the motion carried unanimously. Mr. Sievers gave Mike Livengood, Department of Public
Works, credit for handling the negotiations.
El 6) CONSIDER ADDENDUM #19 TO AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR
TO SIGN - COLORADO TECHNICAL SERVICES, INC.: Don Warden, Director of Budget and
Management Analysis, explained this is the third-party administrator of the County's worker's
compensation claims, this is the 19th year of this agreement, and the addendum is for a cost-of-living
adjustment which could have gone as high as 2.8, but will be 2.5 percent. Commissioner Garcia moved
to approve said addendum and authorize the Chair to sign. Seconded by Commissioner Freeman, the
motion carried unanimously.
El 7) CONSIDER APPOINTMENT TO E911 EMERGENCY TELEPHONE SERVICE AUTHORITY
BOARD: Commissioner Freeman moved to approve the appointment of Mark Jones. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
El 8) CONSIDER APPOINTMENT TO AREA AGENCY ON AGING: Commissioner Conway moved
to approve the appointment of Jim Reeseburg. The motion was seconded by Commissioner Garcia,
and it carried unanimously. Commissioner Conway expressed sadness that former member Alexander
Zander has passed away and said he will be missed.
El 9) CONSIDER APPOINTMENTS TO THE WORKFORCE DEVELOPMENT BOARD:
Commissioner Conway moved to approve the appointments. Seconded by Commissioner Garcia, the
motion carried unanimously. Commissioner Conway acknowledged the expertise of Clay Drake.
El 10) CONSIDER APPOINTMENT TO BOARD OF PUBLIC HEALTH: Commissioner Garcia
moved to approve said appointment of John Swartzbauer. The motion, which was seconded by
Commissioner Conway, carried unanimously.
E 11) CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO THE FAITH PARTNERSHIP
COUNCIL: Commissioner Conway moved to approve said appointments and reappointments. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
F 12) CONSIDER APPOINTMENT TO BOARD OF TRUSTEES FOR NORTHERN COLORADO
MEDICAL CENTER: Commissioner Conway moved to approve said appointment of Jason Yeater.
The motion was seconded by Commissioner Garcia, and it carried unanimously.
PLANNING:
El 1) CONSIDER IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0013- NOBLE ENERGY,
INC.: Rich Hastings, Department of Public Works, reviewed the location of this large facility, which will
add to the area's truck traffic. The Departments of Planning Services and Public Works have reviewed
the documentation and recommend approval. Commissioner Garcia moved to approve said agreement,
accept collateral, and authorize the Chair to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
Minutes, October 15, 2014 2014-3152
Page 4 BC0016
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 9:39 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
G/ S �C.Lto;€1 Douglas Rademacher, Chair
Weld County Clerk to the Boardfit 4.124-a< j1L,C0C0-4-71
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an,,, arbara Kirkmeyer Pro-Tern
De•r Clerk to the '.oard � •ter y.CUSED DATE OF APPROVAL
,pt .„.;An P. Conway
ri Zeta,.
410' gillt.
r "Pr � Freeman
Wi m F. rcia
Minutes, October 15, 2014 2014-3152
Page 5 BC0016
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