HomeMy WebLinkAbout20231627.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, JUNE 12, 2023
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, June 12, 2023, at the hour of 9:00 a.m.
le 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 Mike Freeman, Chair — EXCUSED DATE OF APPROVAL
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross — EXCUSED
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Houstan Aragon
Chief Financial Officer, Cheryl Pattelli
• MINUTES: Commissioner Buck moved to approve the Minutes of the Board of County
Commissioners meeting of May 24, 2023, continued from June 7, 2023, as printed. Commissioner James
seconded the motion, and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IM CONSENT AGENDA: Chair Freeman opened for public comment regarding: 1) Partial Vacation,
VAC23-0013, of Two -Lot Recorded Exemption, RECX18-0004, for Removal of Lot B — Fryer Livestock,
LLC, 2) Partial Vacation, VAC23-0027, of Two -Lot Recorded Exemption, RE -3520, for Removal of
Lot B — NGL Water Solutions DJ, LLC, and 3) Partial Vacation, VAC23-0034, of Four -Lot Recorded
Exemption, RECX18-0034, for Removal of Lot D — Canyon Trail Fencing, LLC, c/o Christian Petersheim;
however, no public comment was offered concerning these matters. Commissioner James moved to
approve the Consent Agenda, as printed. Commissioner Buck seconded the motion, and it carried
unanimously.
• COMMISSIONER COORDINATOR REPORTS: The Commissioners had nothing to report.
• WARRANTS:
1) GENERAL WARRANTS -JUNE 7, AND 9, 2023: Commissioner James moved to approve the General
Warrants, as printed. Commissioner Buck seconded the motion, and it carried unanimously.
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• BIDS:
1) PRESENT BID #62300120, LAW ADMINISTRATION ELEVATOR MODERNIZATION - FACILITIES
DEPARTMENT: Carolyn Geisert, Purchasing Department, stated two (2) bids were received and staff
will make a recommendation on June 26, 2023.
• 2) PRESENT BID #B2300122, NORTH JAIL SECURITY GRID CEILING REPLACEMENT -
FACILITIES DEPARTMENT: Ms. Geisert stated one (1) bid was received and staff will make a
recommendation on June 26, 2023.
▪ NEW BUSINESS:
1) CONSIDER CONTRACT ID #7036 TASK ORDER CONTRACT FOR COMMUNITY TOBACCO
INITIATIVES PROJECT / AMENDMENT 35 TOBACCO USE PREVENTION AND CESSATION
EDUCATION, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY: Jason Chessher,
Director of the Department of Public Health and Environment, stated this contract funding was received
through state tobacco excise taxes in the amount of $330,134.00, to allow for the program to continue at
current levels with no additional staff requested. Commissioner Buck moved to approve said contract and
authorize the Chair to sign and submit electronically. The motion was seconded by Commissioner James
and it carried unanimously.
▪ 2) CONSIDER CONTRACT ID #7038 AMENDMENT #1 TO TASK ORDER CONTRACT FOR
WOMEN'S WELLNESS CONNECTION CANCER PREVENTION AND EARLY DETECTION
PROGRAM, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY: Mr. Chessher
stated this funding allows uninsured or underinsured women to receive screenings for breast and cervical
cancer. He stated the term for this contract is from July 1, 2023, through June 30, 2024, and funding in
the amount of $57,169.00 is to allow the program to continue at current levels with no additional staff
requested. Commissioner Buck moved to approve said amendment and authorize the Chair to sign and
submit electronically. The motion was seconded by Commissioner Saine and it carried unanimously.
• 3) CONSIDER CONTRACT ID #7039 TASK ORDER CONTRACT FOR IMMUNIZATION CORE
SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT: Mr. Chessher stated this is
for immunization core services from birth to 18 years of age, the term is from July 1, 2023, through
June 30, 2023, for the amount of $303,018.00, to allow the program to continue at current levels with no
additional staff requested. Commissioner James moved to approve said contract and authorize the Chair
to sign and submit electronically. The motion was seconded by Commissioner Buck and it carried
unanimously.
El 4) CONSIDER CONTRACT ID #7040 TASK ORDER CONTRACT FOR TUBERCULOSIS
PREVENTION AND CONTROL PROGRAM, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY: Mr. Chessher stated this contract helps to offset costs for detection, treatment, and
preventative measures for tuberculosis. He stated this contract is in the amount of $50,000.00 to allow
the program to continue at current levels and no additional staff is requested. Commissioner Saine moved
to approve said contract and authorize the Chair to sign and submit electronically. The motion was
seconded by Commissioner James and it carried unanimously.
• 5) CONSIDER CONTRACT ID #7062 CONTRACT AMENDMENT #6 FOR PUBLIC HEALTH
EMERGENCY PREPAREDNESS AND RESPONSE, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT
ELECTRONICALLY: Mr. Chessher stated this contract is for the planning and training for public health
disease outbreaks with emergency preparedness and response in the event of a pandemic, bioterrorism,
or emergent diseases, including the dispensing of vaccines or antibiotics, if necessary. He stated this
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funding also supports two (2) full time staff epidemiologist and a public health emergency specialist from
July 1, 2023, through June 30, 2024, for the amount of $290,770.00, to allow the program to continue at
current levels with no additional staff requested. Commissioner James moved to approve said
amendment and authorize the Chair to sign and submit electronically. The motion was seconded by
Commissioner Buck and it carried unanimously.
S 6) CONSIDER CONTRACT ID #7064 STATEMENT OF WORK FOR WASTE TIRE INSPECTION
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Chessher stated this allows for the reimbursement
of costs for staff inspection and proper disposal of waste tires for the amount of $7,554.96, to allow for
the program to continue at current levels with no additional staff requested. Commissioner Saine moved
to approve said statement of work and authorize the Chair to sign. The motion was seconded by
Commissioner Buck and it carried unanimously.
• 7) CONSIDER CONTRACT ID #7065 AMENDMENT #1 TO TASK ORDER CONTRACT FOR AIR
QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY:
Mr. Chessher stated this amendment allows the operation of the air quality monitoring network for staff
to perform inspections, provide compliance guidance, issue burn permits, and respond to complaints. He
stated this amendment is from July 1, 2023, through June 30, 2024, for the amount of $124,105.00, to
allow for the program to continue at current levels with no additional staff requested. Commissioner Buck
moved to approve said amendment and authorize the Chair to sign and submit electronically. The motion
was seconded by Commissioner James and it carried unanimously.
• 8) CONSIDER CONTRACT ID #7008 INTERGOVERNMENTAL AGREEMENT FOR CAMPUS
POLICE OFFICER PROGRAM AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE:
Sonja Kohlgraf, Sheriff's Office, stated this agreement terminates the original contract and establishes
current terms for a new agreement for the campus police officer program at Aims Community College.
Commissioner James moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Buck, the motion carried unanimously.
• 9) CONSIDER CONTRACT ID #7066 ACCEPTANCE/APPEAL OF PRELIMINARY AWARD
DECISION FORM FOR 2023 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FOR LICENSE PLATE READERS AND AUTHORIZE SHERIFF'S OFFICE TO SIGN AND
SUBMIT ELECTRONICALLY: Ms. Kohlgraf stated the County has been awarded $49,928.00, which will
fund three (3) stationary license plate readers for the patrol and investigations departments.
Commissioner Buck moved to approve said form and authorize the Sheriff's Office to sign and submit
electronically. The motion, which was seconded by Commissioner James, carried unanimously.
I 10) CONSIDER CONTRACT ID #7051 APPLICATION FOR 2024-2025 HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS (HMEP) GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill,
Director of the Office of Emergency Management, stated the funding provided through the Hazardous
Material Program is for five (5) years, and in lieu of the annual application, the County will be applying for
a two (2) year period for the 2024-2025 fiscal years. He stated the funding, in the amount of $414,721.00,
will begin October 1, 2023, and go through September 30, 2025, with County -matched funding in the
amount of $103,680.25, which accounts for the estimated salary costs. Commissioner Buck moved to
approve said application and authorize the Chair to sign. Commissioner Saine seconded the motion and
it carried unanimously.
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• 11) CONSIDER SETTLEMENT AGREEMENT FOR BRIDGE 54/13A RECONSTRUCTION
PROJECT AND AUTHORIZE CHAIR TO SIGN - DUSTIN AND JAMIE CHRISTENSEN: Bruce Barker,
County Attorney, on behalf of Michael Bedell, Department of Public Works, stated this agreement and
the following business item are both related to the reconstruction of Bridge 54/13A. He further stated
these agreements are for the purchase of Right -of -Way and a Temporary Construction Easement, with
the provision of damages for access to the northern part of the lake to accommodate a new driveway.
Mr. Barker explained the Settlement Agreement allows advantage of tax consequences, in the amount
of $720,000.00, which includes damages. He references item of business #12, Temporary Access and
Construction Easement, and explained this happens during construction to ensure coordination between
the County's staff constructing Bridge 54/13A, and the Christensen's people constructing items on their
property. Commissioner James moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Buck and it carried unanimously.
IR 12) CONSIDER TEMPORARY ACCESS AND CONSTRUCTION EASEMENT AGREEMENT FOR
BRIDGE 54/13A RECONSTRUCTION PROJECT, AND AUTHORIZE CHAIR TO SIGN - DUSTIN AND
JAMIE CHRISTENSEN: Mr. Barker explained this is related to the former item of business. Commissioner
Buck moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
James, the motion carried unanimously.
• 13) CONSIDER CONTRACT ID #7050 CONCURRENCE LETTER FOR SERVICE AREA OF
FOREIGN -TRADE ZONE (FTZ) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Cheryl Pattelli, Chief
Financial Officer, stated Upstate Colorado requested the Board approve the Concurrence Letter as a part
of their assuming administrative oversight of the Foreign -Trade Zone Program. She stated the signature
is the County's acknowledgement that the World Trade Center will have the ability to apply to the Foreign -
Trade Zone Board for authority to service sights located within Weld County and will be made available
to businesses in Weld County on a uniform basis. Commissioner Saine moved to approve said letter and
authorize the Chair to sign. The motion, which was seconded by Commissioner Buck, carried
unanimously.
• PLANNING:
1) CONSIDER APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND AUTHORIZE
RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER III) - INTERNATIONAL FARMS,
LLC / ROAD TRUCKING, INC.: Tom Parko, Director of the Department of Planning Services, stated
International Farms, LLC / Road Trucking, Inc., is located in Wattenberg, Colorado, and successfully
completed the Change of Zone and Site Plan Review processes. He further stated this is the first
application that meets Tier III qualifications, and the award of $40,000.00, is to be released to the
business. Commissioner Saine moved to approve said application and authorize release of the funds.
The motion was seconded by Commissioner Buck and it carried unanimously.
• 2) CONSIDER DECISION OF DEPARTMENT OF PLANNING SERVICES DIRECTOR
ASSESSING ROAD IMPACT FEES ASSOCIATED WITH BUILDING PERMIT, CMN22-0131 -
STEVEN WELLS: Mr. Parko presented, for the Board's consideration, the appeal of Road Impact Fees
associated with the Crow Creek Event Center, which is located east of State Highway (SH) 392 and north
of County Road (CR) 74. He further stated Crow Creek Event Center was approved under Use by Special
Review Permit, USR22-0035, on April 19, 2023, and the road impact fees assessed are associated with
Building Permit, CMN22-0131. Mr. Parko explained the Department of Planning Services is responsible
for collecting Road Impact Fees on all new construction and those fees are established under Chapter 5
of the Weld County Code. He stated on May 17, 2023, the Department of Planning Services received the
letter of appeal from the property owner's representative, AGPROfessionals, which is authorized by
Section 20-1-60.H, of the Weld County Code. Mr. Parko established there are ten (10) land use
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categories, with the category of Shopping Center/Commercial being used for Crow Creek Event Center,
due to the commercial nature of usage, and recognized this event center often hosts non-profit and charity
events, but certainly has the ability to host weddings and private parties. He explained the Fee Schedule
in Chapter 5 of the Weld County Code was last updated in 2021 following a study that was done by
Duncan and Associates, and during this update, staff added 'event center' under the definition of
Shopping Center/Commercial. Mr. Parko cited similar Use by Special Review (USR) Permits that have
been approved over the last several years and noted that staff has been consistent with applying this
land use category when evaluating event centers, and he stated he upheld staff's assessment and
determined the correct land use category was used to properly assess the road impact fees, in the
amount of $25,992.00. On May 26, 2023, AGPROfessionals appealed his decision to the Board under
Section 2-4-10, of the Weld County Code, and reviewed the options available for the Commissioners to
make a decision regarding the appeal process.
Tim Naylor, AGPROfessionals, appellant's representative, stated his client, Steven Wells, believes
the category in which the Crow Creek Event Center has been evaluated is incorrect, as it's far more of
an Agriculture/Commercial land use category, and the associated road impact fees do not accurately
reflect the actual impacts made to the road. He further stated the main access to the event center is on
SH 392, which will have very little impact to county roads. Mr. Naylor described the event center as a
place for 'Agretainment' including weddings and hayrides, in addition to charity events, rather than the
concept of a commercial shopping center. He acknowledged that the term 'event center' is what placed
the property into the land use category of Shopping Center/Commercial; however, he believes the
definition is broad. He stated his client is requesting the category be changed to Agriculture/Commercial.
Commissioner James acknowledged that Crow Creek Event Center has significantly less impact
than other large event centers, referencing the Budweiser Event Center, which generates much higher
traffic volumes. He expressed his desire to reasonably assess the actual impact to the roads. He
suggested for future permits there should be an independent traffic study completed to get a more
accurate picture of the impact to the roads. In response to Commissioner James, Mr. Parko agreed and
stated that is the purpose behind the Independent Fee Study Analysis, which calculates road impact fees
more accurately based on the report generated by a transportation planner or traffic engineer. He stated
the Department has had several Independent Fee Study Analysis done in the past and recommends that
it is the most reliable solution, rather than trying to determine the best category of land use. In response
to Commissioner James, Mr. Parko confirmed staff would review the report of the Independent Fee Study
calculations and base the fee on the actual impacts to the road.
In response to Chair Freeman, Mr. Parko stated there is a nominal application fee, but the cost is
based on the study results. Mr. Naylor confirmed the cost to conduct an Independent Fee Study Analysis
is between $2,000.00 and $5,000.00. In response to Chair Freeman, Mr. Parko stated the department's
responsibility is to follow the fee schedule., and currently, the fee is written in the Code based on the
building's square footage. Chair Freeman stated he would like staff to pursue Code changes to make the
process more accurate based on the true impact being generated.
El In response to Chair Freeman, Mr. Barker confirmed there is the ability to appeal the category of
land use that determines the fees associated. After discussion, Commissioner Saine moved to grant said
appeal, with an amendment to the Resolution to change the land use classification from Shopping
Center/Commercial to Agricultural/Commercial use. Commissioner James seconded the motion.
Mr. Barker informed the Board this would set a precedent. After further discussion, the Board directed
staff to review the Code in relation to road impact fees. There being no further discussion, the motion
carried unanimously.
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PUBLIC COMMENT:
1) Steve Teets, Greeley resident, offered his comments to the Board.
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 Clerk to the Board. There being no further business, this meeting was adjourned at 9:59 a.m.
These Minutes were approved on the 26th day of June, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d. ..��
Weld County Clerk to the Board
BY: a&e, a :1,Y -hi&
Deputy Clerk to the Board
EXCUSED DATE OF APPROVAL
Mik;eman, Chair
Sco t K. James
Lori aine
Minutes, Monday, June 12, 2023
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