HomeMy WebLinkAbout20140254.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 27, 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 27, 2014, at the hour of 9:00 a.m.
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-Tern
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
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of January 22, 2014, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
BIDS:
1) REJECT BID #61400001 PATROL VEHICLES -SHERIFF'S OFFICE: Trevor Jiricek, Director
of General Services, recommended rejecting this bid. Steve Reams, Sheriff's Office, requested this bid
be rejected because, due to an oversight, the specifications sent out were out-dated; a new corrected
bid has been issued. Commissioner Conway moved to reject said bid as recommended by staff. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
e 2) APPROVE BID #B1400002 CRIME SCENE VEHICLE - SHERIFF'S OFFICE: Mr. Jiricek
reported staff is recommending the second low bid in the amount of$97,250.00, from Braun Northwest.
Commissioner Garcia moved to approve said bid as recommended by staff. The motion was seconded
by Commissioner Freeman, and it carried unanimously.
Minutes, January 27, 2014 2014-0254
Page 1 BC0016
3) APPROVE BID #61400003, INMATE TRANSPORT VEHICLE - SHERIFF'S OFFICE:
Mr. Jiricek reported staff is recommending the sole bid from Braun Northwest, Inc., in the amount of
$151,900.00. He reported that Sterling Geesaman, Sheriff's Office, and himself, discussed other
options. Deputy Geesaman said he contacted a company from Indiana, who reviewed the
specifications and said they could not meet the requirements. Barbara Connolly, Controller, noted
these are box over chassis, similar to the ambulances. Commissioner Conway moved to approve said
bid as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
el 4) APPROVE BID #B1400004, SUV - 4-DOOR/K-9 UNIT - SHERIFF'S OFFICE: Mr. Jiricek
reported staff is recommending the second low bid that meets specifications from Spradley Barr Ford,
in the amount of $26,889.00. Deputy Steven Reams explained the low bid did not meet specifications
for rear door entry height (for the dogs to get in and out) nor for the horsepower requirement.
Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
CI 5) APPROVE BID #B1400005, 3/4 TON CREW CAB LONG BED PICKUP W/UTILITY BOX -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek said staff recommended the low bid from
Auto Nation Ford, in the amount of $31,446.82. In response to Commissioner Conway, Mr. Jiricek
confirmed the difference from the local vendor is around $1,200. Commissioner Freeman moved to
approve said bid as recommended by staff. The motion was seconded by Commissioner Conway, and
it carried unanimously.
U 6) APPROVE BID #61400006, QUAD AXLE BELLY DUMP TRAILER - DEPARTMENT OF
PUBLIC WORKS/TRUCKING: Mr. Jiricek said staff is recommending the low bidder, Bruckner Truck
Sales, for two trailers, a total cost of $108,500.00. Commissioner Conway moved to approve said bid
as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
7) APPROVE BID #B1400007, ARTICULATING WHEEL LOADER- DEPARTMENT OF PUBLIC
WORKS /TRUCKING: Mr. Jiricek said staff is recommending the second low bidder, 4 Rivers
Equipment, for a total cost of $280,500.00. The low bid from Titan Machinery does not meet
horsepower specifications. Commissioner Freeman moved to approve said bid as recommended by
staff. The motion was seconded by Commissioner Garcia, and it carried unanimously.
8) APPROVE BID #B1400008, TANDEM AXLE MULTI PURPOSE TRUCK- DEPARTMENT OF
PUBLIC WORKS/TRUCKING: Mr. Jiricek said staff is recommending the third low bidder, Transwest
Trucks, as the first and second lowest bids did not meet specifications. Transwest is also compatible
with two other multi-purpose trucks in the fleet (optional equipment, such as snow plows, are
interchangeable). Commissioner Garcia moved to approve said bid as recommended by staff. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 9) APPROVE BID #B1400009, MOTORGRADERS WITH PLOW - DEPARTMENT OF PUBLIC
WORKS/GRADER: Mr. Jiricek said staff is recommending the second low bidder, 4 Rivers Equipment,
in the amount of $214,975.00, due to the higher operating costs of the machinery offered by the low
bidder, Power Equipment Company. Commissioner Conway moved to approve said bid as
recommended by staff. The motion was seconded by Commissioner Freeman, and it carried
unanimously. Commissioner Conway referred to ongoing maintenance issues with the Volvo engines.
Minutes, January 27, 2014 2014-0254
Page 2 BC0016
a 10) APPROVE BID #61400010, SKIDSTEER LOADERS W/MOWER ATTACHMENT (QTY-2) -
DEPARTMENT OF PUBLIC WORKS/BRIDGE AND MAINTENANCE: Mr. Jiricek said staff is
recommending the low bidder, Bobcat of the Rockies; he explained total cost with the options
requested will be $100,685.00; there are two loaders which go to different divisions, and each has
different options. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The
motion� was seconded by Commissioner Conway, and it carried unanimously.
1 11) APPROVE BID #B1400011, 1-1/2 TON 4X4 EXTENDED CAB DUAL WHEELS W/FLATBED
- DEPARTMENT OF PUBLIC WORKS/BRIDGE: Mr. Jiricek said staff is recommending the second
low bidder, Spradley Barr Ford, in the amount of $53,225.00, as the low bid does not meet all
specifications for GVD rating. Commissioner Garcia moved to approve said bid as recommended by
staff. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
12) APPROVE BID #B1400012, 40 TON HYDRAULIC SLIDING AXLE TRAILER -
DEPARTMENT OF PUBLIC WORKS/BRIDGE: Mr. Jiricek said staff is recommending the second low
bidder, Honnen Equipment, for a total cost of $65,054.00. The low bid did not meet specifications for
length. Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
13) APPROVE BID #61400013, BACKHOE WITH ATTACHMENTS - DEPARTMENT OF
PUBLIC WORKS/BRIDGE: Mr. Jiricek said staff is recommending the second low bidder, Power
Equipment Company, for a total cost of $86,505.00. The low bid from Tech Machinery did not meet
specifications. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
a 14) APPROVE BID #B1400014, 4X4 CAB AND CHASIS WITH FLATBED UTILITY BOX -
DEPARTMENT OF PUBLIC WORKS/MAINTENANCE: Mr. Jiricek said staff is recommending the sole
bidder, Johnson Auto Plaza, for a total cost of $57,456.00. Staff contacted other possible vendors and
confirmed this was a competitively priced bid. Commissioner Kirkmeyer moved to approve said bid as
recommended by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
Si 15) APPROVE BID #B1400015, MESSAGE SIGN BOARDS - DEPARTMENT OF PUBLIC
WORKS/MAINTENANCE: Mr. Jiricek said staff is recommending the sole bidder, Safety and
Construction Supply, for a total cost of $33,257.08, and staff confirmed these are competitively priced.
Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
el 16) APPROVE BID #B1400016, EXTENDABLE STACKER - DEPARTMENT OF PUBLIC
WORKS/MINING: Mr. Jiricek said staff is recommending the second low bidder, Power Equipment, in
the amount of $197,191.00. The low bid did not meet horsepower specifications. Mr. Jiricek noted
that the bid requires the unit to be no more than one year old with no more than 200 hours and the
rejected unit bid was three (3) years old. Commissioner Conway moved to approve said bid as
recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
VA 17) APPROVE BID #81400017, HYDRAULIC EXCAVATOR - DEPARTMENT OF PUBLIC
WORKS/MINING: Mr. Jiricek said staff is recommending the low bidder, Power Equipment, for a total
Minutes, January 27, 2014 2014-0254
Page 3 BC0016
cost of $323,262.00. Commissioner Freeman moved to approve said bid as recommended by staff.
The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
El 18) APPROVE BID #B1400018, CHIP SPREADER - DEPARTMENT OF PUBLIC
WORKS/PAVEMENT: Mr. Jiricek said staff is recommending the sole bidder, Faris Machinery
Company, for a total cost of $207,985.00, and noted, for cost comparison, that a comparable machine
from Bearcat Manufacturing would cost $230,000.00. Commissioner Conway moved to approve said
bid as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
El 19) APPROVE BID #B1400019, SIDE DUMP TRAILER - DEPARTMENT OF PUBLIC
WORKS/PAVEMENT: Mr. Jiricek said staff is recommending the second low bidder, Utility Trailer
Sales, for a total cost of$43,422.00, with Option #1 (manuals). The low bid did not meet specifications
for bumpers and cylinders. In response to Commissioner Conway, Mr. Jiricek noted that, as a whole,
the vehicle bid process this year is $250,000 under budget, despite a few over-budget items.
Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
Di 20) APPROVE BID #B1400020, 4X4 GENERAL PURPOSE UTILITY VEHICLE WITH TRAILER
- DEPARTMENT OF PUBLIC WORKS/ENGINEERING: Mr. Jiricek said staff is recommending the low
from Bobcat of the Rockies in the amount of $13,321.43. Commissioner Freeman moved to approve
said bid as recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
21) APPROVE BID #B1400021, FLEX WING ROTARY MOWER - DEPARTMENT OF PUBLIC
WORKS /WEED AND PEST: Mr. Jiricek said staff is recommending the second low bid from B+G
Equipment, in the amount of $15,141.00. The mower deck is the same as one already in the fleet and
has more flexibly for staff in terms of safety for the traveling public. He noted both bidders are local.
Commissioner Conway moved to approve said bid as recommended by staff. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
22) PRESENT BID #B1400034, FILL SAND - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek
said there are three bids, and staff will bring a recommendation before the Board on February 10, 2014.
In response to Commissioner Conway, Mr. Jiricek said he could not yet comment on the large cost
differential.
El 23) PRESENT BID #B1400038, PATROL VEHICLES, FULL SIZED - SHERIFF'S OFFICE:
Mr. Jiricek said there are four vendors, and staff will bring a recommendation before the Board on
February 10, 2014. He noted these are the vehicles from the first bid rejected earlier this morning.
NEW BUSINESS:
1) CONSIDER TASK ORDER CONTRACT FOR IMMUNIZATION PROGRAM AND AUTHORIZE
CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and Environment,
explained this contract goes for four years, through 2017; with this the department is eligible to be
reimbursed by the Colorado Department of Public Health and Environment an amount not to exceed
$75,851.00 in 2014. He said this funding supports the Core Immunization Program aimed at children
and went into detail about what that encompasses. In response to Commissioner Conway, Dr. Wallace
confirmed the education component is increasingly important because some of these diseases are
making a come-back due to children and adolescents not being immunized. He stated these diseases
Minutes, January 27, 2014 2014-0254
Page 4 BC0016
are still around and could make a come-back without prevention. He confirmed these funds tie into the
immunization of new-borns as well. Commissioner Conway moved to approve said task order contract
and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
Ul 2) CONSIDER TEMPORARY CLOSURE OF CR 88 BETWEEN U.S. HWY 85 AND CR 35: Amy
Joseph, Department of Public Works, reviewed a temporary road closure for a culvert replacement.
Commissioner Garcia moved to approve said temporary road closure. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
3) CONSIDER TEMPORARY CLOSURE OF CR 29 BETWEEN CRS 34 AND 36: Ms. Joseph
reviewed a temporary road closure for a bridge replacement, rescheduled due to unfavorable weather
conditions. Commissioner Conway moved to approve said temporary road closure. The motion was
seconded by Commissioner Kirkmeyer, and it carried unanimously.
EI 4) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT AGREEMENT FOR
IMPROVEMENTS AT INTERSECTION OF COUNTY ROADS 49 AND 22 AND AUTHORIZE CHAIR
TO SIGN: Commissioner Kirkmeyer moved to approve said grant agreement and authorize the Chair
to sign. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner
Kirkmeyer noted that the point of contact needs to be updated.
(Clerk's Note: #5 erroneously referred to as#8)
5) CONSIDER PETITION OF INCLUSION AND AUTHORIZE CHAIR TO SIGN - CENTRAL
WELD COUNTY WATER DISTRICT: Bruce Barker, County Attorney, explained this item is necessary
for the inclusion of a Weld County property that had been overlooked. Commissioner Kirkmeyer moved
to approve said petition of inclusion and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
e 6) CONSIDER ALLOCATION OF FUNDS FOR THE WELD COUNTY SMALL BUSINESS
INCENTIVE PROGRAM: Tom Parko, Department of Planning Services, expressed his enthusiasm to
bring this before the Board, and explained this allocation from the County's Business Development
Funds will pay County fees to eligible small businesses (25 employees or fewer) to offset costs such as
building permit fees, impact fees, land use fees, septic permit fees, etc. The applicant is responsible for
the first $5,000.00 and the County picks up the remainder, which can total $20,000.00, or more.
Mr. Parko reported that 24 pre-applications have been received; other requirements are that 50% of the
employees must live in Weld County, and the business must meet with the Small Business-
Development Center (SBDC) and put together a business plan. He said small businesses help sustain
the local economy and put people to work. Commissioner Conway stated the Board has worked very
hard to create a culture of entrepreneurism here; 80% of all jobs are created through small businesses,
this program has been in the works for four years, and this is an example of grassroots economic
development. Commissioner Kirkmeyer referred to attending the Economic Regional Forums where this
idea emerged, thanked everyone who worked on this project, and explained where the funds originate.
Commissioner Conway mentioned that a lot of employees laid off in the economic downturn went out
and created their own small businesses at that time, and hopefully this program helps make Weld
County the place to come if you want to start a small business. Commissioner Kirkmeyer also pointed
out that the mill levy is 6-10 mills less than surrounding counties, and there is no sales tax.
Commissioner Rademacher noted that no County fees are waived, but are paid to the County as usual
out of these funds. Commissioner Kirkmeyer moved to approve said allocation of funds. Commissioner
Conway seconded the motion and it carried unanimously.
Minutes, January 27, 2014 2014-0254
Page 5 BC0016
ER 7) FINAL READING OF WELD COUNTY GOVERNMENT CODE ORDINANCE #2013-14, IN
THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC
WORKS, CHAPTER 17 PUBLIC PLACES, AND CHAPTER 24 SUBDIVISIONS, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Bruce Barker, County Attorney, read the title for
the record. Brad Yatabe, Assistant County Attorney, explained there are no changes since the second
reading, and the purpose of this change is to codify the vacation of rights-of-ways. Commissioner
Kirkmeyer moved approve said Code Ordinance on Final Reading. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
8) FINAL READING OF CODE ORDINANCE #2013-17, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record. Chair
Rademacher opened the floor to public comment. Mr. Yatabe explained this updates the traffic code
fine schedule and also specifies in greater detail mandated surcharges and there have been no
changes since second reading. Commissioner Conway noted the County is not increasing traffic fines
to generate revenue for the County, but to comply with State mandates. Commissioner Kirkmeyer
noted it is the statutory responsibility of the State Highway Patrol to police County roads; the County
voluntarily provides a traffic unit through the Sheriff's Office to reduce the number of fatalities in the
County. There was further discussion of this issue, in particular the State Patrol's recent boundary
changes. Chair Rademacher opened the floor to public comment. Commissioner Garcia moved to
approve said Code Ordinance upon final reading. The motion was seconded by Commissioner
Freeman. Upon a roll-call vote, the motion passed 3/2, with Commissioners Kirkmeyer and
Rademacher opposed.
PLANNING:
El 1) FINAL READING OF WELD COUNTY CODE ORDINANCE #2013-15, IN THE MATTER OF
REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read by title only. The motion was seconded by
Commissioner Conway, and it carried unanimously. Commissioner Conway said that the workshop
with the oil and gas industry will be on January 30, 2014 from 2:00-4:00 p.m. There was further
discussion of the continuation date. Chair Rademacher opened the floor to the public. Commissioner
Kirkmeyer moved to continue this item until February 24, 2014. The motion was seconded by
Commissioner Conway, and it carried unanimously.
2) CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR12-0022 -
ROBERT L. SELTZER FAMILY TRUST / COLORADO OUTDOOR STORAGE, LLC: Chris Gathman,
Department of Planning Services, explained that the 128-acre USR was approved located on Lot D,
and the applicants are requesting a new recorded exemption reducing the boundaries of Lot D, to be
within the new boundaries of Lot A, just under 35-acres in size. Mr. Gathman confirmed the area of
operations has always been in a small area. Commissioner Kirkmeyer noted there was extensive
discussion regarding set-backs and landscaping. Mr. Gathman confirmed this meets the code in terms
of property splits, and staff is in support of the request. Commissioner Garcia moved to approve said
partial vacation of use. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
3) CONSIDER PARTIAL VACATION OF USE BY SPECIAL REVIEW PERMIT, USR-1723 -
CEDAR CREEK II WIND FARM, C/O BP WIND ENERGY NORTH AMERICA, INC.: Kim Ogle,
Minutes, January 27, 2014 2014-0254
Page 6 BC0016
•
Department of Planning Services, explained the history of this request, reviewed the parties involved,
and referred to a letter sent by Mr. and Mrs. Eugene Nelson indicating their support (as current property
owners) for the request by Tri-State Generation and Transmission Association, Inc. The partial vacation
is necessary for Tri-State's pending USR13-0054 application for the construction of two transmission
lines and substations on a 20-acre parcel at the south end of the property, 4,000 feet from the nearest
wind energy equipment. BP Wind Energy is an active participant in the partial vacation process; they
indicated their easements are larger than necessary and they don't anticipate Tri-State's operations
interfering with their own. Tri-State's USR goes before the Planning Commission on February 4, 2014.
Mr. Ogle showed images of the site. In response to Commissioner Kirkmeyer, Mr. Ogle stated Tri-State
has a contract with the Nelsons to purchase this property upon approval of the USR, and the Nelsons
have reportedly agreed to allow Tri-State to represent them in all related matters. .'1 Steve Gray,
with Tri-State, explained where the operations are on the map and the project; this will be known as the
Redtail Site. They are requesting an approval of the partial vacation today contingent upon approval of
the USR. He confirmed the Nelsons submitted a letter that Tri-State could represent them in all
permitting issues. IR Jim Borgel, with the Law Firm of Holland and Hart, representing BP, as
operator of Cedar Creek II Wind Farm, confirmed Tri-State's proposed 20-acre substation will not have
any negative effect on their project, but they need to vacate this portion in order for Tri-State to utilize it.
He requested a delay of granting the vacation until the USR is approved. He also agreed to the Board
could go ahead with the vacation conditioned upon final approval of Tri-State's permit. He confirmed
that Cedar Creek II is the holder of the USR and the petition for vacation was submitted by Tri-State,
and stated there are some transmission line issues yet to be worked out, and they are watching the
process carefully. Commissioner Kirkmeyer stated she understandsTri-State would want to have some
assurance before going forward with their USR. eCommissioner Kirkmeyer moved to conditionally
approve said partial vacation of use, with the request that the change not be recorded until the County
approves USR13-0054 and accepts the plat. The motion was seconded by Commissioner Freeman,
and it carried unanimously. Commissioner Kirkmeyer also commented for the record that this in no way
ensures approval of the pending USR.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2014-13 and #2013-17 were approved on Final Reading, and the
Final Reading for Code Ordinance#2013-15 was continued until February 24, 2014.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, January 27, 2014 2014-0254
Page 7 BC0016
! •
There being no further business, this meeting was adjourned at 10:31 a.m.
BOARD OF COUNTY COMMISSIONERS
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Minutes, January 27, 2014 2014-0254
Page 8 BC0016
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