HomeMy WebLinkAbout20211554.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, JUNE 16, 2021
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 16, 2021, 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 Steve Moreno, Chair
Commissioner Scott K. James, Pro -Tern
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
s. =ry MINUTES: Commissioner Buck moved to approve the Minutes of the Board of County
Commissioners meeting of June 14, 2021, as printed. Commissioner Saine seconded the motion, and it
carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Saine moved to approve the Certification of
Hearings conducted on June 14, 2021, as follows: 1) Designate the Site Selection and Construction of
Solar Energy Facilities Greater than 160 Acres in size within the Near -Urban Area of Unincorporated
Weld County, Colorado, and the Site Selection and Construction of Solar Energy Facilities Greater than
320 Acres in size within the Ag-Rural Area of Unincorporated Weld County, Colorado, as Activities of
State Interest, Pursuant to C.R.S. §24-65.1-203(1)(f). Commissioner James seconded the motion, which
carried unanimously.
El PUBLIC INPUT: No public input was given.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda, as printed.
Commissioner James seconded the motion, and it carried unanimously.
IE PROCLAMATIONS:
1) EATON REDS DAY, CLASS 3A GIRLS VOLLEYBALL STATE CHAMPIONSHIP - JUNE 16, 2021:
Chair Moreno read the certificate recognizing the accomplishments of the Eaton Girls Volleyball team in
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winning the Class 3A State Volleyball Champtionship and the Board proclaimed June 16, 2021, as Eaton
Reds Day. Coach, Gwen Forster, commended the team for facing adversity during the COVID-19
pandemic and introduced the team Seniors, Sydney Leffler, Delaney Ochsner, Abbey Hays and Jisell
Chumacero, who praised the coaches and their teammembers for challenging them and ending the
season with an ultimate success. The remaining teammembers introduced themselves for the record,
followed by Chelsea and Danny Miller, Assistant Coaches. Ainslie Ross expressed her appreciation for
the opportunity to play with a great team and also thanked the parents for their tremendous support.
Rylee Martin thanked her teammates and coaches for challenging her to be a better player and fostering
lasting friendships. The Commissioners, in turn, commended the entire team for excelling during a very
challenging year, demonstrating resilience, and stepping up through perseverance. They encouraged the
players to enjoy the excitement of accomplishing their goal and to apply the same principles in life as
they look forward to the coming season. (Clerk's Note: The group gathered for a photo opportunity.)
WARRANTS:
1) GENERAL WARRANTS - JUNE 14, AND 15, 2021: Commissioner James moved to approve the
General Warrants, as printed. Commissioner Buck seconded the motion. Upon a roll call vote, the motion
carried four to one, with Chair Moreno being recused.
El 2) GREELEY-WELD COUNTY AIRPORT AUTHORITY WARRANTS - JUNE 11, AND 15, 2021:
Commissioner Freeman moved to approve the Greeley -Weld County Airport Authority Warrants, as
printed. Commissioner James seconded the motion, and it carried unanimously. Upon a roll call vote, the
motion carried four to one, with Commissioner Saine opposed.
• NEW BUSINESS:
1) CONSIDER GRANT AWARD LETTER FOR JUVENILE DIVERSION AND MARIJUANA TAX CASH
FUND PROGRAM FOR RESTORATIVE JUSTICE SERVICES AND AUTHORIZE CHAIR TO SIGN AND
SUBMIT ELECTRONICALLY: Kirsta Britton, 19th Judicial District Attorney's Office, stated the Grant
Application and Plan were submitted to the Department of Public Safety on April 14, 2021, and approval
of this grant award will authorize acceptance of the funds. Commissioner Buck moved to approve said
grant award letter and authorize the Chair to sign and submit electronically. Seconded by Commissioner
James, the motion carried unanimously.
• 2) CONSIDER CONTRACT ID #4800 MEMORANDUM OF UNDERSTANDING FOR COLORADO
WORKS PROGRAM AND COLORADO CHILD CARE ASSISTANCE PROGRAM, AND AUTHORIZE
CHAIR TO SIGN: Jamie Ulrich, Director of the Department of Human Services, explained this MOU
establishes the performance measures, record keeping requirements, governing law, state oversight and
training responsibilities, remediation plans, and sanctions and the procedures for implementation.
Commissioner Freeman moved to approve said memorandum of understanding and authorize the Chair
to sign. The motion was seconded by Commissioner Buck, and it carried unanimously.
e 3) CONSIDER CONTRACT ID #4801 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE
CHAIR TO SIGN - NICOLAS AND CELINE DEUTSCH: Ms. Ulrich introduced new respite care providers
located in Greeley, Colorado. Commissioner James moved to approve said agreement and authorize the
Chair to sign, which was seconded by Commissioner Buck, and it carried unanimously.
• 4) CONSIDER CONTRACT ID #4802 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - SETH
AND BRIANNA JAMES: Ms. Ulrich introduced new foster care providers located in Greeley, Colorado.
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The motion to approve said contract and authorize the Chair to sign was made by Commissioner Buck,
seconded by Commissioner James, and it carried unanimously.
5) CONSIDER CONTRACT ID #4816 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - GARY
AND MARIA THOMAS: Ms. Ulrich presented the full certification for kinship foster care providers located
in Fort Collins, Colorado. Commissioner Buck moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner James, the motion carried unanimously.
• 6) CONSIDER CONTRACT ID #4804 CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - ROUNDUP FELLOWSHIP, INC.: Ms. Ulrich stated this agency will
provide crisis intervention and stabilization services. Commissioner Buck moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner James, and it
carried unanimously.
• 7) CONSIDER CONTRACT ID #4817 CHILD PROTECTION AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO YOUTH FOR CHRIST, DBA REBALANCE:
Ms. Ulrich stated this agency will provide mental health services. Commissioner Buck moved to approve
said agreement and authorize the Chair to sign, which was seconded by Commissioner Freeman, and it
carried unanimously.
• 8) CONSIDER CONTRACT ID #4807 CONTRACT FOR RENTAL OF ISLAND GROVE REGIONAL
PARK EVENT CENTER GREAT HALL FOR WELD SENIOR SYMPOSIUM AND AUTHORIZE CHAIR
TO SIGN — CITY OF GREELEY: Ms. Ulrich explained the department will host the Weld Senior
Symposium at the Island Grove Event Center Great Hall. She explained this is a public service program
where accomplished and respected professionals present community resources which are offered to all
Weld County residents. Commissioner Buck moved to approve said rental contract and authorize the
Chair to sign. Seconded by Commissioner James, the motion carried unanimously.
II 9) CONSIDER CONTRACT ID #4810 AMENDMENT #1 TO MEMORANDUM OF
UNDERSTANDING FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) SERVICE
DELIVERY AGREEMENTS (UNEMPLOYMENT INSURANCE) AND AUTHORIZE CHAIR TO SIGN:
Ms. Ulrich stated this amendment extends the term date, updates the in -kind contribution and also
amends an Attachment. Commissioner Freeman moved to approve said amendment and authorize the
Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously.
• 10) CONSIDER CONTRACT ID #4818 AGREEMENT FOR RECREATIONAL AND EDUCATIONAL
SERVICES FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM AND AUTHORIZE CHAIR
TO SIGN — YMCA OF NORTHERN COLORADO: Ms. Ulrich stated this agreement will provide vouchers,
in the amount of $125.00, to eligible youth for educational and recreational activities through the Colorado
Works Summer Activities Program. Commissioner Buck moved to approve said agreement and authorize
the Chair to sign. Seconded by Commissioner James, the motion carried unanimously.
El 11) CONSIDER CONTRACT ID #4847 AMENDMENT #3 FOR NURSE HOME VISITOR
PROGRAM (NHVP) AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY:
Mark Lawley, Director of the Department of Public Health and Environment, reviewed the terms and
services to be provided by registered nurses who will conduct home visits with vulnerable, low-income,
first-time mothers throughout their pregnancy and continue until the client's child reaches two years of
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age. Commissioner James moved to approve said amendment and authorize the Chair to sign. The
motion was seconded by Commissioner Freeman, and it carried unanimously.
12) CONSIDER CONTRACT ID #4853 AMENDMENT #5 TO DIAGNOSTIC SERVICES
AGREEMENT FOR WOMEN'S WELLNESS CONNECTION PROGRAM AND AUTHORIZE CHAIR TO
SIGN - BANNER IMAGING SERVICES COLORADO, LLC: Mr. Lawley stated this amendment renews
the term dates for Banner to provide the technical component of diagnostic imaging/radiology services
for eligible patients. Commissioner Freeman moved to approve said amendment and authorize the Chair
to sign, which was seconded by Commissioner James, and it carried unanimously.
ie 13) CONSIDER CONTRACT ID #4848 TASK ORDER CONTRACT AMENDMENT #3 FOR
TUBERCULOSIS PREVENTION AND CONTROL PROGRAM, AND AUTHORIZE CHAIR TO SIGN AND
SUBMIT ELECTRONICALLY: Mr. Lawley reviewed the terms for continuation of the Tuberculosis
Prevention and Control Program, for the amount of $55,000.00 in state funding. The motion to approve
said amendment and authorize the Chair to sign was made by Commissioner Buck, seconded by
Commissioner Saine, and it carried unanimously.
14) CONSIDER CONTRACT ID #4852 TASK ORDER CONTRACT AMENDMENT #4 FOR AIR
QUALITY PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY:
Mr. Lawley stated for over 25 years the Weld County Department of Public Health and Environment has
performed air quality functions such as operating an air quality monitoring network, conducted inspections
and provided enforcement guidance, issued burning permits, and responded to complaints, and this
amendment is a continuation of the funding for said services. In response to Commissioner James,
Mr. Lawley confirmed inspections are only conducted on a complaint basis and there no active patrolling.
Commissioner James moved to approve said amendment and authorize the Chair to sign. Seconded by
Commissioner Buck, the motion carried unanimously.
15) CONSIDER CONTRACT ID #4849 TASK ORDER CONTRACT FOR COMMUNITIES THAT
CARE YOUTH SUBSTANCE ABUSE PREVENTION PROGRAM AND AUTHORIZE CHAIR TO SIGN
AND SUBMIT ELECTRONICALLY: Mr. Lawley reviewed the terms for use of Marijuana Tax revenues,
in the amount of $167,000.00, to implement local health agency programs. Commissioner Buck moved
to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner
Freeman, and it carried unanimously.
16) CONSIDER CONTRACT ID #4851 STATEMENT OF WORK FOR WASTE TIRE INSPECTION
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Mr. Lawley explained the Health Department has
assisted the Colorado Department of Public Health and Environment for the past three (3) years with
efforts to ensure the waste tire industry complies with the Solid Waste Act and Regulations within Weld
County. He stated the Statement of Work will authorize a purchase order for reimbursement of eligible
costs, including related staff wages, benefits, travel costs, materials and supplies. Commissioner James
moved to approve said statement of work and authorize the Chair to sign. Commissioner Freeman
seconded the motion, and it carried unanimously.
E. 17) CONSIDER RENEWAL APPLICATION FOR FERMENTED MALT -BEVERAGE ON -PREMISES
(COUNTY) LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - ANA M. LUCERO, DBA POLLO
FELIZ: Bob Choate, Assistant County Attorney, provided a brief description of the location of the site,
which is an enclave surrounded by the City of Greeley. He confirmed there were no concerns expressed
by the referral agencies, nor was the applicant present. Commissioner Freeman moved to approve the
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renewal application and authorize the Chair to sign the application and license. Seconded by
Commissioner Buck, the motion carried unanimously.
• 18) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN - R AND D 14 CORRIDOR, LLC, DBA DEWEY'S BAR
AND GRILL: Mr. Chaote stated the applicant purchased the property, in 2019, which is located in
Stoneham, Colorado, and he noted no referral concerns were received. Commissioner Freeman moved
to approve the renewal application and authorize the Chair to sign said application and license. Seconded
by Commissioner Buck, the motion carried unanimously.
• 19) CONSIDER RENEWAL APPLICATION FOR BREW PUB (COUNTY) LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING: Mr. Chaote
stated the applicant has been licensed to conduct business at the location in Longmont, since 2016. He
noted there was an initial concern submitted by the Department of Planning Services concerning a zoning
violation resulting from unpermitted signage and cargo containers; however, the property owner has since
resolved the violation and there are no remaining concerns. Commissioner Saine moved to approve the
renewal application and authorize the Chair to sign said application and license. Seconded by
Commissioner James, the motion carried unanimously.
• PLANNING:
1) CONSIDER REQUEST TO EXTEND TIME TO RECORD THE MAP OR REQUEST TO RESCIND
RESOLUTION #2018-3253, DATED OCTOBER 17, 2018, FOR USE BY SPECIAL REVIEW PERMIT,
USR18-0028 — DITTMER FARM, LLC, C/O TIMOTHY DITTMER, AND BLUE PILL, LLC, C/O KENDAL
DITTMER: Commissioner Saine recused herself from considering this matter. Michael Hall, Department
of Planning Services, stated staff is seeking direction concerning action to be taken for this case, which
was approved but the map has not been perfected. He explained notice of this hearing was sent by
Certified mail to both applicants, as well as regular mail to secondary accesses; however, staff received
evidence that neither notice was received by Blue Pill, LLC, do Kendal Dittmer. Additionally, he sent
reminder emails to both parties on Monday June 14, 2021, at which time both parties were aware of the
hearing. Tim Naylor, AGPROfessionals, represented the Blue Pill, LLC, do Kendal Dittmer, and
confirmed although they received notice two days ago, they have been involved through the duration of
the USR permitting process and are prepared to proceed today. Tim Dittmer, Dittmer Farm, LLC, stated
he preferred to rescind the USR. He explained Planning Services staff and the Planning Commission
have denied the well site application submitted by Incline Energy, and this USR is hindering that process.
Given that both property owners indicated their desire to proceed, Mr. Hall provided a brief summary of
the original USR request and stated, as of today, all the Conditions of Approval (COA) have been
completed and a draft plat map submitted, but not recorded. Additionally, Mr. Timothy Dittmer has
submitted a request to rescind the USR. Mr. Naylor stated his client submitted a mylar plat signed by
both owners, but it was returned by staff once the WOGLA process was initiated. He asserted it should
have been recorded a year ago, once the COA were completed. Responding to Commissioner James,
Mr. Naylor clarified the mylar map was held while the applicant completed the augmentation plan, but
once that was done, it should have been recorded, and updates should not be required reflecting site
layout changes made concerning the WOGLA, since they are a Use by Right and not dependent on each
other. Mr. Hall clarified while waiting for the well augmentation, the applicants proceeded with a WOGLA
use which substantially changed the site plan (USR map) by adding an expanded third -party use;
however, the WOGLA use was later denied, but staff is still requiring an updated map to reflect the larger
ponds and adjusted access.
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Mr. Barker stated there is no process to rescind a permit based on the request of only one owner, and
although a revised map was submitted, it is not signed by both owners, so the remaining option is to
extend the time to record the USR map while both property owners come to an agreement concerning
the layout. Mr. Naylor commented if the map had previously been perfected and then the ponds were
expanded, it would not have required an amendment to the USR, because it is a Use by Right pond.
Commissioner Buck commented both parties need to agree and an extension of time is appropriate.
Mr. Naylor stated both property owners have been significantly, financially harmed throughout the
duration of the process, and an updated map was only submitted as a courtesy. Timothy Dittmer
explained Incline Energy will reapply for a WOGLA if the USR is rescinded. He stated the anticipated
timeline and profitability of the USR is questionable; however, the Oil and Gas use could be developed
and profitable within three (3) years. Thus, from his perspective, there is no benefit to sign and record a
new map. Responding to Commissioner James, Mr. Hall clarified the request is being presented by staff
seeking direction from the Board, which was originally prompted by the request from Incline Energy to
rescind the USR. Responding to Commissioner James, Mr. Barker stated the applicants have surpassed
the time allowed by the Code to record the USR map, and he also acknowledged the argument made by
Mr. Naylor about the poor timing; however, the outstanding issue remains whether to record the original
map, but that would need to be through a separate request or appeal of staff's decision. The issue which
was noticed for the Board's consideration today is whether to extend or rescind. Mr. Naylor requested an
additional 120 days to work with all of the parties involved. Commissioner Freeman moved to approve
the request to extend time to record the USR map and issue a continuance of this matter to Monday,
October 18, 2021, at 9:00 a.m. Commissioner Buck seconded the motion. The Commissioners discussed
120 days should afford the parties involved an opportunity to bring clarity to the situation. There being no
further discussion, 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 Clerk to the Board.
There being no further business, this meeting was adjourned at 10:14 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dittAd j&I;e1
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Steve
WELD COUNTY, COLORADO
oreno, Chair
Spa,. mes, Pro -
Perry L. B
Lori S
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