HomeMy WebLinkAbout20232286.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, AUGUST 7, 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, August 7, 2023, 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 Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross — EXCUSED UNTIL 9:29 A.M.
Commissioner Lori Saine
Also present:
Assistant County Attorney, Karin McDougal
Acting Clerk to the Board, Houstan Aragon
Controller, Chris D'Ovidio
• MINUTES:
1) In response to Chair Freeman, Commissioner Saine moved to modify the Minutes of the Board of
County Commissioners meeting of July 19, 2023, (Cont'd from 8/2/2023) to reflect the verbatim content
as provided by the Clerk to the Board; however, due to lack of a second, the motion failed. Commissioner
James moved to approve the Minutes of the Board of County Commissioners meeting of July 19, 2023,
(Cont'd from 8/2/2023), as originally drafted. Commissioner Buck seconded the motion. Commissioner
Saine asserted the minutes, as presented, are inaccurate due to the omission to her comment referencing
an award for leadership which was presented by staff, contrary to the decision to remove her role as
Commissioner Coordinator. In response, Chair Freeman countered by stating the minutes are not
intended to be a verbatim document, rather, they are a summary of the content based on Roberts Rules
of Order. He further stated for those who are interested, the audio and visual recordings are available as
public record. In rebuttal, Commissioner Saine stated the minutes would still be incorrect as originally
drafted, even without being verbatim. Chair Freeman disagreed and stated the minutes, as presented,
are accurate as to the overall substance of the matter that was discussed. Commissioner Saine
expressed her opinion of the importance of having the record reflect the award she received. After
discussion, and upon a roll call vote, the motion carried three (3) to one (1), with Commissioner Saine
opposed.
CI 2) There being no corrections to the Minutes of the Board of County Commissioners meeting of
July 24, 2023, as printed, Commissioner Buck moved to approve. Commissioner James seconded the
motion, and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
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• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Buck seconded the motion, and it carried unanimously.
• WARRANTS:
1) GENERAL WARRANTS - AUGUST 4, 2023: Commissioner James moved to approve the General
Warrants, as printed. Commissioner Buck seconded the motion, and it carried unanimously.
• BIDS:
1) APPROVE BID #62300143, CARBIDE CUTTING BITS (PICKS) - DEPARTMENT OF PUBLIC
WORKS: Rose Everett, Purchasing Department, stated two (2) bids were received from 4 Rivers
Equipment and Wear Parts and Equipment. She stated, after review, staff recommends selecting the
second low bidder who met specifications, 4 Rivers Equipment, for a total amount of $161,735.00. Ms.
Everett explained Wear Parts and Equipment was the low bid; however, they did not meet specifications.
Commissioner James moved to approve said bid. The motion was seconded by Commissioner Buck,
and it carried unanimously.
▪ 2) APPROVE BID #B2300116, LEARNING/TRAINING CONTENT FOR INTEGRATION INTO
WORKDAY - DEPARTMENT OF INFORMATION TECHNOLOGY AND DEPARTMENT OF HUMAN
RESOURCES: Ryan Rose, Director of the Department of Information Technology, stated two (2) bids
were received and staff recommends selecting the lowest bidder who proposed the lowest cost solution,
Carahsoft Technology Corporation, for a three (3) -year term option, in the amount of $147,798.00, that
would be divided over the term at the cost of $46,900.00 for the first year, $49,266.00 for the second
year, and $51,612.00 for the third and final year. Commissioner Buck moved to approve said bid. The
motion was seconded by Commissioner James, and it carried unanimously.
• NEW BUSINESS:
1) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 4 AND 6: Kevin Hettinger,
Department of Public Works, stated this closure will begin on August 8, 2023, and go through August 11,
2023, for an emergency irrigation culvert replacement. He explained the irrigation water schedule with
the ditch company allows for this replacement to occur. Commissioner James moved to approve said
temporary closure. The motion was seconded by Commissioner Buck, and it carried unanimously.
• 2) CONSIDER EXTENSION OF TEMPORARY CLOSURE OF CR 8 BETWEEN CRS 49 AND 51:
Mr. Hettinger requested to extend the temporary closure of County Road (CR) 8 between CRs 49 and 51,
through August 18, 2023, due to the ditch company's irrigation water schedule and utility work.
Commissioner James moved to approve said extension of temporary closure. The motion was seconded
by Commissioner Buck, and it carried unanimously.
• 3) CONSIDER EXTENSION OF TEMPORARY CLOSURE OF CRS 74 AND 33 INTERSECTION:
Michael Bedell and Don Dunker, Department of Public Works, explained the request to extend the
temporary closure of the intersection of CRs 74 and 33, through December 1, 2023, due to the contractor,
Lawson Construction Company, falling significantly behind schedule. In response to Chair Freeman,
Mr. Dunker explained the details for the three (3) month delay are related to inclimate weather, the
contractor not protecting their work, and insufficient staff onsite to execute certain aspects of the project.
He noted, for the record, the day this project was slated for completion, August 14, 2023, is, in fact, the
date they will begin pouring concrete. Mr. Dunker further stated, starting August 15, 2023, the County will
begin charging liquidated damages per day as stated in the contract, in the amount of $7,800.00, for not
completing the project on time. He stated starting October 8, 2023, the County will add an additional
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$7,800.00, for not meeting the end of the contract, for a total of $15,600.00, per day, until the project is
completed. In response to Commissioner James, Mr. Dunker stated he is hopeful the contractor will
complete the project by the extension date with the assistance of staff working with them. He further
noted Curtis Hall, Director of the Department of Public Works, spoke with the contractor to address the
timeline issues back at the end of May 2023, and there have been no improvements; however, staff would
need to speak with the County Attorney's Office to determine factors for termination of said contract for
being out of compliance with the terms and conditions. In response to Chair Freeman, Mr. Dunker
confirmed this contractor has been used by Weld County on the roundabout project at the intersection of
U.S. Highway 34 and County Road (CR) 49, and Mr. Bedell added this contractor has done similar
projects in Larimer County, and that project timeline was drastically behind as well. There being no further
discussion, Commissioner James moved to approve said extension of temporary closure. The motion
was seconded by Commissioner Buck, and it carried unanimously.
• 4) CONSIDER RENEWAL APPLICATION FOR A BREW PUB (COUNTY) LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - COLLISION BREWING COMPANY, LLC, DBA COLLISION BREWING
COMPANY: Matthew Conroy, Assistant County Attorney, stated this renewal application is for a facility
located outside of Longmont, Colorado, which has had a license since 2018. He stated there are no
concerns from referral agencies, and staff recommends approval. Commissioner Buck moved to approve
said renewal application and authorize Chair to sign. The motion was seconded by Commissioner James,
and it carried unanimously.
• 5) CONSIDER REAPPOINTMENT TO BOARD OF ADJUSTMENT: Commissioner James moved
to approve said reappointment. The motion was seconded by Commissioner Buck, and it carried
unanimously.
J 6) CONSIDER AMENDMENT #2 TO PROFESSIONAL SERVICES AGREEMENT FOR
ENTERPRISE RESOURCE PLANNING (ERP) PAYROLL AND TIME TRACKING FUNCTIONAL LEAD
CONSULTING, AND AUTHORIZE CHAIR TO SIGN - REMY CORPORATION: Jill Scott, Director of the
Department of Human Resources, stated staff is requesting additional HCM resources for the ERP
implementation project and this amendment has no monetary impact to the existing contract.
Commissioner Buck moved to approve said amendment, based on staff recommendation. The motion
was seconded by Commissioner James, and it carried unanimously.
▪ 7) SECOND READING OF CODE ORDINANCE #2023-10, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES OF THE WELD COUNTY
CODE (CONCEALED CARRY): Commissioner James moved to read Code Ordinance #2023-10 by title
only. The motion was seconded by Commissioner Buck, and it carried unanimously. Karin McDougal,
Assistant County Attorney, read the title for the record and indicated this ordinance is regarding a slight
change to the Code concerning the concealed carry policies for employees. Ms. Scott stated there have
been no changes since First Reading. There was no public testimony offered concerning this matter.
Commissioner Saine moved to approve Code Ordinance #2023-10 on Second Reading. The motion was
seconded by Commissioner Buck, and it carried unanimously.
El PLANNING:
1) CONSIDER TWO -LOT FAMILY FARM DIVISION, FFD23-0008, WITH LOT A EXCEEDING
10 ACRES IN SIZE (12 ACRES) — DAVID DEWEY: Ms. McDougal read the notice for the record.
Maxwell Nader, Department of Planning Services, stated the request is to split the subject property, with
Lot A proposed to be 12 acres, and Lot B being 62 acres; however, Lot A is larger than allowed by County
Code Section 24-7-20.D. He stated staff received a letter from the applicant, dated May 3, 2023, which
explained the proposed 12 -acre Lot A presents a unique circumstance, because it is separated from the
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remainder of the farm by an irrigation ditch and cannot be farmed, and he desires the purchase this
non -irrigated portion of the property from his father. Mr. Nader stated staff has reviewed this request and
recommends denial, because the proposed smaller lot exceeds the maximum lot size allowed per Code.
He also displayed maps and an image of the ditch, and confirmed this property is in the A (Agricultural)
Zone District.
Daniel Dewey, applicant, alongside his father and current property owner, David Dewey, reiterated
the request for the Family Farm Division (FFD). No public comment was offered concerning this matter.
Chair Freeman stated there are always exceptions to the rules, and expressed his opinion that in this
instance, the applicant's request for an exemption from the rule is commonsense.
• Commissioner James concurred with Chair Freeman's opinion of commonsense, but indicated the
Board is held to the Code and must ascertain the Findings within the resolution. Following discussion
with staff, Commissioner James presented the Findings of compliance with the criteria listed in
Sections 24 -7 -10.A -G, specifically noting the unique characteristic of the location of the ditch justifies the
exemption from the ten (10) -acre maximum requirement of item to allow Lot B to consist of 12 acres.
Commissioner Saine concurred. Commissioner James moved to approve Two -Lot Family Farm Division,
FFD23-0008, with the Findings as stated, along with the Conditions of Approval. The motion was
seconded by Commissioner Buck, and it carried unanimously.
El 2) CONSIDER CONTRACT ID #7249 IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PUDF22-0003 - WESLEY AND SHAUN BASILIERE: Jazmyn Trujillo -Martinez,
Department of Planning Services, requested the acceptance of Project Collateral, in the amount of
$76,596.17, procured in the form of a cashier's check issued by ENT Credit Union. She stated the
applicant understands the required improvements to be completed as referenced in the scope of work.
Commissioner James moved to approve said agreement, authorize the Chair to sign, and accept
collateral. Seconded by Commissioner Buck, the motion carried unanimously.
• 3) CONSIDER TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT FOR
1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT, 1041WOGLA19-0044 - HIGHPOINT
OPERATING CORPORATION: Ms. Trujillo -Martinez requested the Board terminate the Road
Maintenance Agreement (RMA) as a result of the expiration of the 1041 Weld Oil and Gas Location
Assessment Permit, 1041 WOGLA19-0044, on May 6, 2023. She stated Highpoint Operating Corporation
was notified of said expiration on May 25, 2023, by the Department of Oil and Gas Energy. Commissioner
Buck moved to approve said termination. The motion, which was seconded by Commissioner James,
carried unanimously.
• 4) CONSIDER TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT FOR
1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT, 1041WOGLA19-0007 - VERDAD
RESOURCES, LLC: Ms. Trujillo -Martinez requested the Board terminate the RMA as a result of the
expiration of the 1041 Weld Oil and Gas Location Assessment Permit, 1041 WOGLA19-0007, on April 30,
2023. She stated Verdad Resources, LLC, was notified of said expiration on May 25, 2023, by the
Department of Oil and Gas Energy. Commissioner Buck moved to approve said termination. The motion,
which was seconded by Commissioner James, carried unanimously.
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IR
5) SECOND READING OF CODE ORDINANCE #2023-09, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING OF THE WELD COUNTY CODE
(LIMITED EVENT PERMITS): Commissioner James moved to read Code Ordinance #2023-09 by title
only. The motion was seconded by Commissioner Buck, and it carried unanimously. Ms. McDougal read
the title for the record. (Clerk's Note: Chair Freeman indicated Commissioner Ross was present at 9:29
a.m.) Tom Parko, Director of Planning Services, reviewed the proposed changes to allow for
unincorporated Weld County residents to apply for Limited Event Permits that previously would require a
Use by Special Review Permit, for up to four (4) events per year, and no more than three (3) consecutive
days per event. He indicated there was a change on the record during First Reading to Page 10,
Paragraph R, by altering the verbiage from 'shall' to 'may', but there have been no additional changes
since. No public testimony was offered concerning this matter. Commissioner Saine moved to approve
Code Ordinance #2023-09 on Second Reading. The motion was seconded by Commissioner Ross, and
it carried unanimously.
PUBLIC COMMENT: No public comment was offered.
RESOLUTIONS AND ORDINANCES: The Resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2023-09, and #2023-10, were both approved on Second Reading.
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 9:31 a.m.
These Minutes were approved on the 21st day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: limo,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Mike eman, Chair
Minutes, Monday, August 7, 2023
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