HomeMy WebLinkAbout20141407.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 5, 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 5, 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-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
e MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 30, 2014, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
ID CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
PROCLAMATIONS:
e 1) NATIONAL MENTAL HEALTH AWARENESS MONTH - MAY 2014, AND CHILDREN'S
MENTAL HEALTH AWARENESS DAY - MAY 8, 2014: Chair Rademacher read the certificate into the
record. Susan Stone, Administrative Director, Child/Youth/Family/Prevention at North Range Behavioral
Health, stated Colorado has one of the highest suicide rates in the country and access to mental health
services is a top health threat in our community. Noelle Hause, Project Launch, was also present to
accept the certificate and review upcoming events. The Board thanked them for helping to bring this
issue to the public's attention.
e PUBLIC INPUT: Commissioner Conway spoke in regard to last week's Public Input, and
reported there were inaccuracies in the Greeley Tribune Editorial written by reporter Eric Brown and a
correction was published on Saturday, acknowledging that the South Platte Roundtable takes no
position on any legislation.
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BIDS:
1) PRESENT BID #B1400079, CR49 EXTENSION CONSTRUCTION INSPECTION SERVICES
- DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, reported there are
six (6) interested vendors and this will be brought before the Board with a recommendation on May 19,
2014.
IR 2) PRESENT BID #B1400083, CHIP SEAL 1/2" AGGREGATE - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek reported there is one interested vendor and this will be brought back to the Board
with a recommendation on May 19, 2014. He noted that last year there were three vendors; however,
one was affected by the flood, and the other did not bid this year. In response to
Commissioner Conway, Mr. Jiricek said the bid is being evaluated and it is a necessary material
purchase.
e 3) PRESENT AND APPROVE EMERGENCY BID #B1400097, DEBRIS REMOVAL - RIVERS
AND STREAMBEDS — DEPARTMENT OF FINANCE: Mr. Jiricek reviewed this bid to remove trees and
other vegetative debris from last fall's flooding from pre-identified locations within the floodplain, which
have the potential to impact infrastructure. He said staff is recommending the low bidder, Anderado
Corporation at $48/$58 per cubic yard; an emergency approval is necessary as the materials need to
be removed as soon as possible so it does not get picked up and moved as the result of the spring
runoff. The vendor is expected to start removal May 12, 2014, and finish within a few days. In response
to Commissioner Rademacher's question about this bid being approximately 50 percent of the others,
Mr. Jiricek informed the Board that although this was a very low bid, the vendor feels confident he can
do the work at this price and has worked with the County before. Toby Taylor, Department of Buildings
and Grounds, reported Anderado has previously done good work on low bids. Commissioner Garcia
moved to approve said bid on an emergency basis as recommended by staff. Seconded by
Commissioner Conway, the motion carried unanimously.
OLD BUSINESS:
El 1) CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY (CON'T FROM 4/30/14): Deputy Alan Caldwell, Sheriff's Office, and Jack McGrath
Undersheriff, said the Sheriff wanted to be here today to discuss Weld County's approximately
$17,000.00 portion of this grant; however; he had an obligation to attend to in Highland Park so what he
brought was a list of what was purchased with these funds over the last five years. Mr. Caldwell said
last year these funds were spent on a much needed bullet-proof vest; the Sheriff does not have a
specific list of what items will be purchased at this time, but they will be along the lines of last year's
purchases. Deputy Caldwell said the grant is very liberal as to the spending parameters, and prior to
receiving the grant funds there is no requirement to $17,000.00. He said tactical vests are needed for
the canine unit, as well as more surveillance equipment, but specifics are not available. He confirmed
the purchases are required to be items outside the scope of the current year's budget. Commissioner
Rademacher explained that once the purchase is made it becomes part of the Office's inventory and
the County is responsible for repair and replacement. He said they wanted an email from the Sheriff
with some information about purchases. Commissioner Garcia noted this was presented to the Board
at the last minute. Bruce Barker, County Attorney, said the agreement can be approved and the
determination of spending made later. Commissioner Kirkmeyer reiterated that the Board needs a
clear indication of what the funds will be spent on before appropriating the funds. She therefore
amended the motion with a stipulation on spending. Commissioner Conway concurred and seconded
the motion. He stated the taxpayers need to know where the money is going. He said the Board is
reacting to problems which have occurred in the past. He said all Department Heads are treated
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equally in this way and this is transparency. Undersheriff McGrath then presented a memo from the
Sheriff to the Board, entered into the record as Exhibit "A". Asserting the Sheriff is an independently
elected official, not a department head; the items to be purchased are appropriate and needed by the
Sheriff's Office and should not require approval from the Board. a Commissioner Conway said the
first paragraph of the memo is incorrect because the Board did not refuse, but simply asked for more
information. He said the Board approves the Sheriff's budget every year, and is not telling the Sheriff
what to spend the money on, just requesting to know what it will be spent on in an email.
Commissioner Garcia stated the proposed amendment is a good idea, so these funds can be obtained
and can increase public safety in Weld County. Commissioner Kirkmeyer noted the last paragraph
states a desire to withdraw the MOU, and she wonders if there is really a need if it can be withdrawn so
lightly. She said in the past funds were used for things the Board did not know about, and it is under
their fiduciary responsibility. Commissioner Conway said the point was only to get some transparency.
He concurred it is important for the Sheriff's Office to have these resources, but they need to send an
email prior to spending these funds. He said no elected official or department head has ever asked for
money through the Board without indicating where it will be spent. Commissioner Freeman moved to
approve said memorandum of understanding, with the stipulation that an accounting of where the funds
will be spent be received by the Board prior to the appropriation of funds, and authorize the Chair to
sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
NEW BUSINESS:
F-1 1) CONSIDER AGREEMENT FOR ELECTRONIC LAW LIBRARY HARDWARE AND
SOFTWARE SERVICES AND AUTHORIZE CHAIR TO SIGN - TOUCH LEGAL, INC., DBA TOUCH
SONIC TECHNOLOGIES: Bruce Barker, County Attorney, explained this agreement for equipment is
combined with one from Lexis Nexis, and both should be considered together; therefore, he requested
the Board continue the matter. Commissioner Conway moved to continue this item until Monday,
May 12, 2014. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
0 2) CONSIDER COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
COLORADO STATE PATROL: Judy Griego, Director of Department of Human Services, explained this
agreement applies to Human Services Departments throughout the state, and it establishes guidelines
for the investigation of child abuse amongst agencies. Commissioner Conway moved to approve said
cooperative agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion
carried unanimously.
e 3) CONSIDER AGREEMENT FOR SALE OF PERMANENT EASEMENT FOR THE
INSTALLATION AND MAINTENANCE OF PIPELINES, AND EASEMENT DEED OF DEDICATION,
AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM, LP: Stephanie Arries, Assistant County
Attorney, stated this agreement will authorize DCP to acquire an easement for a pipeline.
Commissioner Freeman moved to approve said agreement and easement deed of dedication, and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
0 4) CONSIDER CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN: Elizabeth Relford, Department of Public Works, explained this is
through a CDOT contract, which covers 11 natural gas vehicles on the front range, and the contract is
now ready to go to bid. She listed the communities participating in the project and the vehicles and kits
to be acquired by Weld County; total funding for Weld County will be $164,000.00, and Weld County's
matching portion is just under $200,000.00. Commissioner Conway moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
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it
Ita 5) CONSIDER TEMPORARY ROAD CLOSURE ON CR 66 BETWEEN CRS 41 AND 43: Janet
Lundquist, Department of Public Works, reviewed this temporary road closure for a culvert
replacement. Commissioner Garcia moved to approve said temporary road closure. The motion was
seconded by Commissioner Conway, and it carried unanimously.
6) CONSIDER TEMPORARY ROAD CLOSURE ON CR 44 BETWEEN CRS 41 AND 43:
Ms. Lundquist reviewed this temporary road closure for a bridge deck replacement. Commissioner
Conway moved to approve said temporary road closure. The motion was seconded by Commissioner
Freeman, and it carried unanimously.
e 7) CONSIDER TEMPORARY ROAD CLOSURE ON CR 28 BETWEEN CRS 21.5 AND 25.5:
Ms. Lundquist reviewed this temporary road closure for a culvert replacement. Commissioner Freeman
moved to approve said temporary road closure. The motion was seconded by Commissioner
Kirkmeyer, and it carried unanimously.
e 8) CONSIDER TEMPORARY ROAD CLOSURE ON CR 120 BETWEEN CRS 73 AND 75:
Ms. Lundquist reviewed this temporary road closure for a culvert replacement. Commissioner Conway
moved to approve said temporary road closure. The motion was seconded by Commissioner Garcia,
and it carried unanimously.
la 9) CONSIDER TEMPORARY ROAD CLOSURE ON CR 3 BETWEEN CRS 40.5 AND 44:
Ms. Lundquist reviewed this temporary road closure for a culvert replacement. It was mentioned County
Road 44 is also known as Highway 56. Commissioner Freeman moved to approve said temporary
road closure. The motion was seconded by Commissioner Conway, and it carried unanimously.
e Ms. Lundquist addressed the bridge repairs on CR 32 east of Platteville. She reported there are
two bridges which were judged structurally deficient in the State's review. Therefore, the Town of
Platteville has put a 20,000-pound weight restriction on that roadway. They are seeking grant funding,
but do not have the funds to do the work at this time. Ms. Lundquist said she sent a notice to oil and
gas companies informing them of that restriction, and acknowledge it is a very large impact; it may be a
long term problem, but hopefully they may get some funding from the oil and gas industry. She noted
Anadarko previously rebuilt the bridge on CR 30 for the Town of Platteville a year ago.
10) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 61 (FLOOD REPAIRS) AND
AUTHORIZE CHAIR TO SIGN — LUMPY RIDGE, LLC: Michael Bedell, Department of Public Works,
stated this project is north of Highway 34, and the easiest way to access and repair the base of the
bridge is across this property. Commissioner Conway moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CI 11) CONSIDER AGREEMENT FOR PURCHASE OF PERMANENT EASEMENT FOR CERTAIN
IMPROVEMENTS TO EAST 18TH STREET AS PART OF CR 49 EXTENSION PROJECT, AND
AUTHORIZE CHAIR TO SIGN — MARK BARR: Leon Sievers, Department of Public Works, reviewed
the purchase location and compensation. Commissioner Freeman moved to approve said agreement
and authorize the Chair to sign. Commissioner Conway seconded the motion and it carried
unanimously.
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El 12) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO EAST 18TH STREET AS PART OF CR 49
EXTENSION PROJECT, AND AUTHORIZE CHAIR TO SIGN - MARK BARR: Mr. Sievers said this is
the same landowner and is for the same project and reviewed the compensation. Commissioner
Garcia moved to approve said agreement and authorize the Chair to sign. Commissioner Freeman
seconded the motion and it carried unanimously.
Ei 13) 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 - DONNA AND SHANNON STEVENSON: Mr. Sievers stated this is
also for the extension project, and reviewed the location and compensation, a total amount of
$45,232.00, which includes damages for a concrete-lined irrigation ditch, and a sound and screening
fence. He explained there is a curve in the road which requires mitigation to keep vehicle lights from
shining directly onto their house. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign. Commissioner Garcia seconded the motion and it carried unanimously.
El 14) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 9.5 (EM-BR19.5/24.5A FLOOD
REPAIR PROJECT) AND AUTHORIZE CHAIR TO SIGN - ST. VRAIN METROPOLITAN DISTRICT:
Clay Kimmi, Department of Public Works, reviewed the location and compensation for an easement to
access and rebuild an embankment. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Commissioner Garcia seconded the motion and it carried unanimously.
There is no cost to the County, the metropolitan district simply requested the topographic data that was
acquired as part of this design.
e 15) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 16.5 (EM-BR16.5/1B FLOOD REPAIR
PROJECT) AND AUTHORIZE CHAIR TO SIGN — HELEN BRYANT: Mr. Kimmi said these are flood
repairs on Boulder Creek; the County needs access to the creek bed to place rip-rap around the
abutments. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion and it carried unanimously.
e 16) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 16.5 (EM-BR16.5/1B FLOOD REPAIR
PROJECT) AND AUTHORIZE CHAIR TO SIGN - LESLIE WILLIAMS, JR., AND MARTHA WILLIAMS:
Mr. Kimmi said this is similar to the previous item, on the other side of the road. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Commissioner Kirkmeyer seconded
the motion and it carried unanimously.
e 17) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 20.5 (EM-BR20.5/3B FLOOD REPAIR
PROECT) AND AUTHORIZE CHAIR TO SIGN — DAVID AND HOLLY REX: Mr. Kimmi said this is also
on Boulder Creek, on the north side, and is another minimum payment. In response to Commissioner
Rademacher, he confirmed these are permanent repairs to be completed after spring run-off. These
projects are considered "return to pre-flood conditions" and also "hazard mitigation". They will be put
out to bid in late June after the run-off and be done in October/November. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded
the motion and it carried unanimously.
Minutes, May 5, 2014 2014-1407
Page 5 BC0016
el 18) CONSIDER AGREEMENT FOR COMPENSATION FOR DAMAGE TO STRUCTURES
WITHIN 200 FEET OF MINING ACTIVITIES AND AUTHORIZE CHAIR TO SIGN - SCOTT KOSKIE:
Mr. Kimmi explained this is a Division of Mining and Safety requirement. The County is leasing 40
acres of land for a new gravel pit and this covers any damages to a stock well and/or fencing on the
property. However, no damages are anticipated as the stock well is fenced off, there is also a buffer,
and the stock well is at a lower elevation, and no ground water will be contacted during the operation.
Commissioner Conway moved to approve said agreement and authorize the Chair to sign.
Commissioner Garcia seconded the motion and it carried unanimously.
le 19) CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR JUNE 4, 2014: Commissioner Conway noted this cancellation is due to the
participation of himself, and Commissioners Kirkmeyer and Freeman in the mid-year Colorado
Counties, Inc. Conference and briefly reviewed the Board's participation in that conference.
Commissioner Kirkmeyer moved to approve said meeting cancellation. Seconded by Commissioner
Freeman, the motion 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 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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