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HomeMy WebLinkAboutMinutes 04/13/04 PUBLIC HEARING APRIL 13, 2004 Present: Tom Stone Am Menconi Michael Gallagher Jack Ingstad Diane Mauriello Teak Simonton Chairman Commissioner Commissioner County Administrator County Attorney Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Executive Session Chairman Stone stated the first matter before the Board was an Executive Session. Commissioner Menconi moved that the Board go into Executive Session for the purpose of receiving legal advice and directing negotiators concerning the Miller Ranch Development Agreement which is an appropriate topic for discussion pursuant to C.R.S. 24-6-402(4)(b) and (e). Commissioner Gallagher seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Stone excused himself from attorney update in advance of Executive Session as the matter for discussion concerned Miller Ranch Housing. At the end of the discussion Commissioner Menconi moved to adjourn from Executive Session and reconvene into the regular meeting. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Chairman Stone welcomed Commissioner Gallagher back to the County. Commissioner Gallagher thanked staff for their thoughts and prayers during and after his surgery. Consent Agenda Chairman Stone stated the next matter before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of April12, 2004, subject to review by the County Administrator B. Approval of payroll for April15, 2004, subject to review by the County Administrator C. Approval of the Minutes of the Eagle Board of County Commissioners Meeting for March 30, 2004 D. Bid Award 2004, Agreement for Supplying, Loading and Hauling Road Base Materials Project, J.P. Trucking, PO Box 854, Avon, CO 81620 E. Bid Award 2004 Agreement for Overlay Project, Frontier Paving, Inc., 1014 County Road 311, New Castle, CO 81647 F. Change Order #3 for the Avon to Dowd Junction Trail, Phase I Construction Agreement G. Agreements for the Avon to Dowd Junction Trail Project Phase I H. Agreement for Eagle County Berry CreekIMiller Ranch Community Recreation Center Feasibility Study between Eagle County al1d Ballard *King and Associates, L TD I. Second Amendment to Subdivision and On-Site Improvements Agreement for Miller Ranch Phase II and Phase III. 1 04-13-04 1 Chairman Stone asked to have items D, bid award for supplying, loading and hauling road base materials, and E, bid award for the overlay project, removed for further review. He also asked that item H, the Agreement for Berry CreeklMiller Ranch Community Recreation, be reviewed separately as it will be changed based on actions made during Executive Session. Item I, which concerns Miller Ranch should be handled separately due to his recusing himself from the matter. Chairman Stone asked the Attorney's Office ifthere were any other changes to the Consent Agenda. Diane Mauriello, County Attorney, stated there are no further changes. Commissioner Menconi moved to approve the Consent Agenda, pulling items D and E, I and H. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Item D, Bid Award, Supplying, Loading, Hauling Road Base Brad Higgins, Road & Bridge Director, presented the bid award for 2004, for the supplying, loading and hauling Road Base Materials Project. He stated J.P. Trucking out of Avon was the low bidder. Commissioner Gallagher moved to approve the bid award for supplying, the loading and hauling of Road Base Materials Project for 2004, to J.P. Trucking of Avon. Commissioner Menconi seconded the motion. The vote was declared unanimous. Item E. Bid Award, Overlay Project Brad Higgins presented the bid award for the 2004 Overlay Project. He stated Frontier Paving out of New Castle was the low bidder. Commissioner Menconi moved to approve the bid award for Frontier paving Inc. for the road overlay project for 2004. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Item H, Agreement, Ballard King & Associates Ltd Chairman Stone asked for a motion on Item H, the Agreement for the Eagle County Berry CreekIMiller Ranch Community Recreation Center Feasibility Study between Eagle County and Ballard King and Associates, L TD according to the changes made in this mornings work session. Jack Ingstad, County Administrator, asked for authorization on the amount being authorized for the added scope of work. Chairman Stone stated he did not believe these changes would be changing the scope of work but rather taking other items into account. Mr. Ingstad suggested, if there were changes, the Board authorize an amount not to exceed $5,000.00. Rich Cunningham, Director of Facilities Management, stated that he believed it would be helpful to provide no more than $10,000 additional cost for the proposed changes and have the developer prepare a new site plan. Commissioner Gallagher moved to approve the feasibility study with amendments as discussed and authorize additional expenditures not to exceed $10,000.00. Commissioner Menconi seconded the motion. The vote was approved unanimously. Item I, On-Site Improvements Agreement, Miller Ranch 2 04-13-04 2 Chairman Stone stated the next Consent Agenda item was the Second Amendment to Subdivision and On-Site Improvements Agreement for Miller Ranch Phase II and Phase III. Commissioner Menconi moved to approve the Second Amendment to Subdivision and On-Site Improvements Agreement for Miller Ranch Phase II and Phase III. Commissioner Gallagher seconded the motion. Of the two voting Commissioners the vote was approved unanimously. Chairman Stone recused himself from the vote. Plat and Resolution Signing Jena Skinner-Markowitz, Planner, presented the following plats and resolutions for the Board's consideration: Resolution 2004-044, to approve a PUD Amendment and Zone Change for Lot 5, Filing 3, Pilgrim Downs PUD, Eagle County Files No. PDA-00050 and ZC-00066. The Board considered the Applicant's request on February 24th, 2004. Commissioner Gallagher moved to approve Resolution 2004-044, to approve a PUD Amendment and Zone Change for Lot 5, Filing 3, Pilgrim Downs PUD, file numbers PDA-00050 and ZC-00066. Commissioner Menconi seconded the motion. The vote was declared unanimous. Eagle County WORKS Program Policy Changes Kathleen Forinash, Director of Health & Human Services, stated the next item on the agenda was technical changes to the Eagle County WORKS Program Policies. She stated the Colorado Department of Human Services has reviewed the policies and have recommended the changes. Ms. Forinash highlighted the changes for the Board. Kathy Lyons, Health and Human Services, explained the state program rules and the sanctions associated with non- completion of contracts. Ms. Forinash discussed the methods for determining child care availability. Commissioner Menconi moved to approve the technical changes for the Eagle County Works Program, as presented. Commissioner Gallagher seconded the motion. The vote was declared unanimous. Bid Award Brad Higgins stated the next matter was a bid award for 2004 for Magnesium Chloride. He clarified that Hill Brothers Chemical out of Salt Lake City, Utah was the low bidder. He stated that the two remaining bidders were tied. One of these bidders wrote to the State Attorney Generals Office asking for an investigation into the County's bidding process. Bryan Treu, Assistant County Attorney, spoke to the Board. He explained the problem with the bid. Mr. Ingstad stated that the low bidder got together with another bidder to satisfy the requirements of Eagle County. They are contesting the fact that they did not meet the County's requirements, however it was determined that they were qualified, so it is a mute point. Commissioner Gallagher moved to approve the bid award for 2004 for Magnesium Chloride, to Hill Brothers Chemical. Commissioner Menconi seconded the motion. The vote was declared unanimous. Bid Award 3 04-13 -04 3 Brad Higgins presented the bid award for one (1) 2004 Loader, Wagner Equipment Company, Department 9000, Denver, CO 80291. He stated this matter was tabled from April 6, 2004, to obtain additional information on the Kawasaki Loader. Chairman Stone asked Commissioner Gallagher ifhe was up to speed with this bid request. Commissioner Gallagher indicated that he was not. Chairman Stone explained that Mr. Higgins was in favor of accepting other than the lowest bid for this loader. Diane Mauriello recommended tabling this matter until Commissioner Gallagher could review the tape and record from the prior meeting before considering this request. Mr. Ingstad inquired if all the bidders were present today and if there could be input so that the bid request may be considered at this meeting. Commissioner Menconi stated that he would be willing to pick up where it was left after the last meeting. He stated that he had requested additional information about the bids which had been received. Commissioner Gallagher stated that if the other two Commissioners could come to a conclusion without his participation he would be comfortable abstaining. Ms. Mauriello agreed that this would be appropriate. Chairman Stone asked about the lowest bidder, including the trade - in allowance? Mr. Higgins stated that he had asked the bidders for an estimated future value. These estimates ranged from $70,000 to $140,000. He also asked for service information. The warranty bids were not included in the submitted bids. The Caterpillar warranty was 5 year, 5,000 hour. Kawasaki offered a 3 year, 5,000 hour warranty and the Kamatsu offered a 1 year, 1,500 hour. Chairman Stone asked for additional information on the Kamatsu. Mr. Higgins stated that the resale value ofthe Kamatsu was at $135,000, the Caterpillar at $140,000 and the Kawasaki was at $72,500. This information has a significant impact on the purchase bid. Mr. Higgins stated he is still recommending the Caterpillar machine based on his past experience. The difference in resale value more than makes up for the initial purchase price. Caterpillar bid a 5 year 5,000 hour warranty, Kamatsu had a 3 year, 5,000 hour warranty and Kawasaki was a 1 year 1,500 hour warranty. The Caterpillar service man lives in Eby Creek Mesa in Eagle and the other two companies work out of Denver and Grand Junction. Commissioner Menconi asked for a further indication of which of the three vehicles he recommends based on this additional information. Mr. Higgins stated that he is still in favor of the Caterpillar machine. Chris Campbell, Ferris Machinery, the company that sells the Kawasaki machine, spoke to the Board. He wanted to point out that the resale value and the extended warranty information were not required in the initial bid. Re-sale value is an estimate based on the questionnaire that he had been provided with. He expressed confidence that service and parts would not be an issue in this situation. The machine that was bid is not a new product and had a proven track record. Bill Miller, Wagner Equipment Company, representing the bid for the Caterpillar machine spoke to the Board. He clarified that the warranty was 5 years and 7,500 miles. There have been 23 other sales of the same type of machine in Colorado. He gave some examples of other entities who have purchased similar machines by Caterpillar from his firm. Mr. Higgins re-iterated that the County was trading another machine with 10,000 miles. Commissioner Menconi stated that it appeared to him that the recommendation was based on three things; the trade in of the current machine in use, the resale value of the new machines and the warranty information. Chairman Stone expressed his desire to make sure that the bid process is fair, equal and open to all three bidders, considering the fact that additional information was requested from all bidders. He wanted to make sure that the County had a legally enforceable position. 4 04-13-04 4 Mr. Treu stated the Statutes allow for additional investigation and can be considered in any decision process. Ms. Mauriello concurred. Mr. Ingstad asked that the item be tabled so that he could review the information and that Commissioner Gallagher could review the same. Chairman Stone stated that he would also prefer tabling of the request for another week. He stated he would like all items being considered to be up front from the beginning. Commissioner Gallagher asked the Attorney's Office to review the bid process requirements. Commissioner Menconi moved to table the bid award for the 2004 Loader until Monday, April 19,2004. Commissioner Gallagher seconded the motion. The motion was approved unanimously. Resolution 2004-045, Designation of April 11 -17 as "Public Safety Tele-communicator Week" Bryan Treu presented Resolution 2004-045, designating the week of Apri111 th through the 1 ih , 2004, as Public Safety Te1e-communicator Week. Commissioner Gallagher read the resolution for the record as follows: "Whereas, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board") acknowledges that emergencies can occur at anytime that may require police, fire, medical or other emergency services; and Whereas, the prompt response of emergency service personnel is critical to the protection of life and preservation of property; and Whereas, the effectiveness and safety of emergency service personnel is dependant upon the quality and accuracy of information obtained from citizens who telephone Public Safety Dispatchers; and Whereas, Public Safety Dispatchers are often the first and most critical contact our citizens have with emergency services; and Whereas, Public Safety Dispatchers are a vital link for emergency service personnel by monitoring their activities by radio, providing them information, and insuring their safety; and Whereas, the Public Safety Dispatchers at the Vail Public Safety Communication Center have continued to provide Public Safety Dispatch services to the citizens of Eagle County with a heightened degree of compassion and professionalism; and Whereas, Congress has dedicated April 11th _17t\ 2004 as "National Public Safety Tele- communicator Week;" and Whereas, the Board wishes to join the Town of Vail in recognizing the dedicated staff of the Vail Public Safety Communications Center during this week; and Now therefore, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: That, the Board hereby finds, determines and declares that April 11th to 17th, 2004, shall be designated as "Public Safety Tele-communicator Week" in Eagle County in honor of the men and women whose diligence and professionalism help keep our county and citizens safe. That, the board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Moved, Read and Adopted by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 13th day of April, 2004. 5 04-13-04 5 Commissioner Gallagher moved to approve Resolution 2004-045, designating the week of April 11 th through the 1 ih , 2004, as Public Safety Tele-communicator Week. Commissioner Menconi seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until April 19, 2004. ~ Attest: Clerk to the Board 6 04-13-04 6