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Home My WebLink About20141462.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 12, 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, May 12, 2014, at the hour of 9:00 a.m. ID 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 - 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 10 MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of May 7, 2014, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on May 7, 2014, as follows: 1) USR14-0003 - Clyde Hemberger, do Expedition Water Solutions. Commissioner Garcia seconded the motion, which carried unanimously. le AMENDMENTS TO AGENDA: Commissioner Garcia moved to add the following under NEW BUSINESS: #3) Consider Amendment to the Loyal Advantage Agreement and authorize Chair to sign -:1 Centurylink Communications, LLC. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. e CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. (619-1 Minutes, May 12, 2014 2014-1462 Page 1 BC0016 PROCLAMATIONS: e 1) WELD COUNTY POLICE OFFICERS WEEK - MAY 11-17, 2014, AND PEACE OFFICERS MEMORIAL DAY - MAY 15, 2014: Chair Rademacher read said Proclamation for the record. Deputy Steve Reams, representing the Weld County Sheriffs Office, said this is an important week, and especially so due to the recent fatality of Deputy Samuel Brownlee; he read the names of the seven Weld County officers who have been killed in the line of duty and thanked the Commissioners for their recognition. e PUBLIC INPUT: No public input was given. BIDS: e 1) APPROVE BID #61400077, ROOF TOP UNIT - HUMAN SERVICES #A BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Trevor Jiricek, Director of Department of General Services, stated staff recommends approval of the low bid from Colorado Mechanical Systems, Inc., in the amount of $82,800.00. Commissioner Garcia moved to approve said bid as recommended by staff. Commissioner Freeman seconded the motion, and it carried unanimously. OLD BUSINESS: 1) CONSIDER AGREEMENT FOR ELECTRONIC LAW LIBRARY HARDWARE AND SOFTWARE SERVICES AND AUTHORIZE CHAIR TO SIGN - TOUCH LEGAL, INC., DBA TOUCH SONIC TECHNOLOGIES (con't from 5/5/2014): Ryan Rose, Director of Department of Information Technology, explained the Touch Legal provides the hardware and software system, maintenance and repair of computer kiosks which make legal research available to inmates, as mandated by law. He noted the kiosks provide no internet connectivity. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. NEW BUSINESS: IR 1) CONSIDER AGREEMENT FOR DISTRIBUTED MEDIA PRISON SOLUTIONS AND AUTHORIZE CHAIR TO SIGN - LEXISNEXIS: Mr. Rose reviewed the terms and provisions of said agreement. Lexis Nexis provides the law library database, in past years their service has been bundled with the kiosks, but this year the software license is separate. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. e 2) CONSIDER ACKNOWLEDGMENT FORM FOR LINE VOLUME PLAN AND NON- APPROPRIATIONS PLAN AUTHORIZE CHAIR TO SIGN - QWEST CORPORATION, DBA CENTURYLINK, INC.: Mr. Rose explained these are dedicated phone lines. Century Link has a discounted rate for over ten lines; the County currently has 16 lines. Commissioner Kirkmeyer moved to approve said acknowledgment form and addendum and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. 3) CONSIDER AMENDMENT TO THE LOYAL ADVANTAGE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CENTURYLINK COMMUNICATIONS, LLC: Mr. Rose explained this is the internet service provider for the County, he reported an increase in the County's capacity, and an annual cost reduction of nearly $12,000.00, pursuant to negotiation. Commissioner Kirkmeyer acknowledged Mr. Rose for his efforts going through all of these agreements and getting them up to date. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. Minutes, May 12, 2014 2014-1462 Page 2 BC0016 G 4) CONSIDER ADOPTION OF WELD COUNTY EMERGENCY OPERATIONS PLAN, DATED APRIL 2014: Roy Rudisill, Director of the Office of Emergency Management, stated the 45-page emergency operations plan has been updated as required by State Statute, and he confirmed staff has incorporated the after—action report resulting from the Weld County Flood of 2013. Commissioner Kirkmeyer moved to approve and adopt said plan. Commissioner Garcia seconded the motion, and it carried unanimously. e 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BILL BARRETT CORPORATION: Christopher Woodruff, Assessor, explained this item is related to the petitions for the years 2011 and 2012, which were denied by the Board on April 28, 2014, as recommended. He reminded the Board this is in regard to a mill levy issue pending before District Court on the issue of lack of notice to the owners of mineral rights upon the formation of a new district. Kirk Mueller, Davis Graham & Stubbs, LLP, representing both Bill Barrett and Bonanza Creek, stated he understands the position the County is in while waiting for the Court to determine whether the actions of the Sand Hills Metropolitan District were legal and reiterated his clients concerns regarding a lack of notification to mineral rights owners about the formation of special tax districts. He noted there are people who track these things as a profession, and, therefore, the owners can be identified, and he requested that be a requirement by the Board in regard to future Special District designations.Commissioner Garcia moved to deny said petition. Commissioner Freeman seconded the motion, and it carried unanimously. G 6) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - BONANZA CREEK ENERGY, INC.: Mr. Woodruff explained this is regarding the same issue as the previous item, and is again for the year 2013. Commissioner Freeman moved to deny said petition. Commissioner Garcia seconded the motion, and it carried unanimously. 7) CONSIDER DENOMINATION OF NEW CR 49/47 ALIGNMENT (ALSO KNOWN AS THE CR 49 EXTENSION PROJECT) AS "WELD COUNTY PARKWAY": Elizabeth Relford, Department of Public Works, said this road extension is unique in that it starts in the area of CR 49 and ends in the area of CR 47, which is the impetus to rename it 'Weld County Parkway'. Chair Rademacher confirmed this is a three-mile stretch from US 34 to CR 60.5. Commissioner Kirkmeyer moved to approve said Resolution. Commissioner Garcia seconded the motion, and it carried unanimously. El 8) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET, AS PART OF CR 49 EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN - RON OESTREICH: Leon Sievers, Department of Public Works, reviewed the purchase and compensation amount; these two items are for parcels on the newly designated "Weld County Parkway." Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously. El 9) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN - HOSHIKO FARMS, INC.: Mr. Sievers said the compensation amount is based on an appraisal of the neighboring property. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously. Minutes, May 12, 2014 2014-1462 Page 3 BC0016 10) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 19.5 (EM-BR19.5/36A FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - JIM AND NICOLE HILL: Clay Kimmi, Department of Public Works, reviewed the location of this bridge (over the St. Vrain River), repairs, and compensation. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. El 11) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 20.5 (FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - MARTIN MARIETTA MATERIALS, INC.: Mr. Kimmi stated this is also to repair a wash-out on the St. Vrain River, and he reviewed the compensation. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. IR 12) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CRS 8 AND 23 (FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - GEORGE R. NORDEN IIA TRUST: Michael Bedell, Department of Public Works, reviewed this item's location, as one of nine (9) sites in the area in need of repairs. He said these likely will be bid in the month of June for construction in July and August. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the motion, and it carried unanimously. ita 13) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 21 (FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - DOROTHY BROW: Mr. Bedell stated this item is similar to the previous one. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 14) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 (FLOOD REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - JOHN WEIGANDT: Mr. Bedell said this is similar to the previous items. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Garcia, carried unanimously. El 15) CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Doug Erler, Director of Justice Services, stated that Chief Tracey McCoy, of the Lockbuie Police Department, has applied for the open position, replacing James Burack, and he recommended approval. In response to Chair Rademacher, Mr. Erler confirmed Chief McCoy has the endorsement of the Police Chief's Association. Commissioner Kirkmeyer moved to approve said appointment. Commissioner Freeman seconded the 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. Minutes, May 12, 2014 2014-1462 Page 4 BC0016 There being no further business, this meeting was adjourned at 9:32 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a !d ,,, / ; L lam 6��Q ox (2,� C/ G .�CL�o riC oudlas Radem cFier, Chair Weld County Clerk to the Board I \� Eta% rbara Kirkmeyer, ro-Tem BY: Dep y( lerk to the :oar. Jul tt :� �; �-XCUSED can P. Conway ♦ UN � Mike Freeman ' illia . Garcia Minutes, May 12, 2014 2014-1462 Page 5 BC0016 Hello