HomeMy WebLinkAbout20210893.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, MARCH 29, 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, March 29, 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-Tem
Commissioner Perry L. Buck
Commissioner Mike Freeman
Commissioner Lori Saine
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Isabella Juanicorena
Controller, Barbara Connolly
Ei MINUTES: Commissioner James moved to approve the Minutes of the Board of County
Commissioners meeting of March 24, 2021, as printed. Commissioner Buck seconded the motion, and it
carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on March 24, 2021, as follows: 1) PCSC20-0030 — Bennie Rodriguez.
Commissioner Saine seconded the motion, which carried unanimously.
• PUBLIC INPUT: Ruth Fritz, Greeley resident, submitted a letter (Exhibit A) into the record from the
United States Airforce and Army Corps of Engineers requesting access to a parcel of land she owns in
the northeastern portion of Weld County for surveying purposes. Ms. Fritz stated she is concerned the
survey is part of the `30 by 30 Project' in which the government might seize her land. In response to
Commissioner Saine, Ms. Fritz stated many residents in the area have received similar letters and they
do not plan to grant the U.S. Government access to their land. Chair Moreno stated the Board will
investigate the matter further.
• Lee Fritz, Greeley resident, thanked the Board for their stance and support throughout the COVID-19
Pandemic Health Emergency.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Minutes, Monday, March 29, 2021
O5l D5/ &oai Page 1
2021-0893
BC0016
._= CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed.
Commissioner Saine seconded the motion, and it carried unanimously.
• COMMISSIONER COORDINATOR REPORTS: Commissioner Buck expressed pride as the
coordinator for the Department of Human Services and commended the department for working hard for
the citizens of Weld County. Chair Moreno and Commissioners Saine, James, and Freeman had nothing
to report.
▪ WARRANTS:
1) GENERAL WARRANTS - MARCH 26, 2021: Commissioner Freeman moved to approve the General
Warrants, as printed. Commissioner Buck seconded the motion, and it carried unanimously.
• BIDS:
1) PRESENT BID #B2100075, ROAD BASE SUPPLY (CLASS 6) - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Purchasing Department, stated eight (8) bids have been received and staff will make
a recommendation on April 12, 2021.
• NEW BUSINESS:
1) CONSIDER CONTRACT ID #4474 COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT
FOR MOBILE SITE ON WHEELS AND AUTHORIZE CHAIR TO SIGN - MOTOROLA SOLUTIONS,
INC.: Mike Wallace, Director of the Department of Public Safety Communications, and Walt Leslie,
Department of Public Safety Communications, presented the agreement for an emergency mobile site,
on wheels to assist public safety radio communications in times of site failure, utility and generator
outages, scheduled outages for repairs and maintenance, weather related events, and disasters. He
stated he negotiated a lower price with Motorola Solutions, Inc., totaling $847,331.00. Commissioner
Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner James, carried unanimously.
• 2) CONSIDER 2021 ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS FOR VARIOUS PROJECTS: Don Sandoval, CDBG Manager, reviewed the awards for various
projects as recommended by the CDBG Advisory Committee, and explained awarding of said projects is
the final step to complete the Annual Action Plan. Chair Moreno thanked Mr. Sandoval for the information
he provided to the Board and his efforts for the program. Commissioner James moved to approve the
allocation of funds. The motion was seconded by Commissioner Freeman and it carried unanimously.
▪ 3) CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CR 66 AND SH 392: Amy Mutchie,
Department of Public Works, requested temporary closure of County Road 43 from April 6, 2021, through
April 9, 2021, for the replacement of a drainage culvert. She noted no dust control methods are necessary
because the detour route is paved. Commissioner Freeman moved to approve said temporary closure,
the motion was seconded by Commissioner Buck, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, Monday, March 29, 2021
Page 2
2021-0893
BC0016
There being no further business, this meeting was adjourned at 9:13 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: darth,$)
Weld County Clerk to the Board
eputy Clerk to the Board
Steve M • eno, Chair
Sc ames, Pro —
Perry L.:rck
Mike Freeman
Lori Saine
Minutes, Monday, March 29, 2021
Page 3
2021-0893
BC0016
a
, 4\ y DEPARTMENT OF THE AIR\ FORCE
- fir+i
90TH MISSILE WING (AFGSC)
•
_� •
March 19, 2021
Dear Landowner,
The U.S . Government is undertaking biological and cultural resource field survey's
pursuant to its responsibilities under the National Environmental Policy Act (NEPA) (42 U. S. C.
4321 et. seq .) and the Air Force Environmental Impact Analysis Process (EIAP) ( 32 C .F. R.
Part 989) in support of the Air Force' s Ground Based Strategic Deterrent ( GBSD) Program.
The GBSD Program will support the future of the Air Force Global Strike Command 's military
deterrent mission and includes modernization or replacement of current weapons systems.
GBSD is the most cost-effective option for maintaining safe, secure and effective systems. The
Air Force is required to consider alternatives, including various locations to commence
programs, before proceeding with a specific proposed decision or action. Additional information
about the GBSD Program including project locations, on- and off-base activities, and the EIS
process is available online at www.gbsdeis.com.
You are receiving this letter because the U . S . Government has identified a portion of your
property that we wish to access for the purpose of conducting biological and/or cultural resource
field sure eys to assess the presence or absence of wetlands and other waters of the United States,
threatened or endangered species, or historic or archaeological resources.
Two to four field biologists or archaeologists will enter the property to conduct the
surveys. The surveyors will be wearing identification badges and safety vests. A placard will be
placed on the dashboard of each vehicle to identify it as a vehicle associated with the project.
Surveyors will park the vehicle(s) in a safe location to not impede traffic. Vehicles will not be
parked over dry grass or other flammable material . Surveyors will not drive on muddy roads and
will respect all posted parking restrictions. Fencing will not be altered or damaged during
surveys and all gates will be left in the state found (opened or closed) when accessing survey
areas.
All survey work will be done on site by a Field Surveyor Team . The Team will walk
through the survey area to identify and documen: potential habitats or areas of concern. The
Field Survey Team will use a handheld computer tablet to help them navigate and to take notes
and photographs. In certain circumstances, small pits may be dug by hand to define wetland,
cultural resource boundaries or to assist with ground visibility as described in more detail in the
enclosed Right-of-Entry ( ROE).
Work will generally occur on weekdays, but may occur on a weekend, between 7:00 a. m .
and 6:00 p.m . The length of time spent at each property will depend on ease of access and the
size of resource being evaluated. Generally, surveys will be completed in 2-4 hours. Based on
seasonal variability and the resources to be evaluated, your property may need to be accessed
r
aa,2l- 6193
EXHIBIT
.0
$ f�
• c.: $ 74
Multiple times, We. expect all surveys :to begin in the spring of 2021 when thesground is not
frozen:and the surface is snow free (April -October based on. location). The surveys may extend
through.Spring of 2023.
Enclosed for your review are three copies era Right of Entry (ROE). By completing and
signing the applicable signature block, you are granting written. perrnission.to the U,S..
Government, its agents,employees,. and contractors to conduct the described field assessment
activities during the term of :the perinit. If you, have no further questions, ple.ase.retain one .copy
of the ROE form for your records and return two signed: copies in the enclosed; pre.;addressed.
and postage paid .envelope... Upon receipt .of your signed copies,,the. U.S.. Government will
complete and return a fully ekecuted copy for your records,
The Air Force has collaborated With the U.S. Army :Corps of Engineers. (USAGE) to .obtain
access to support the described survey work effort. If you have any 'questions regarding. this
letter,. you "nay visit.the GBSD web site, Speak with someone.at.the USACE office by :calling 1-
402-995-2839 or you can make contact via email at
DLL-CENWO-REHELPDESK@usace.army.mil.
Sincerely;
Enelosure
BRIAN R. LOW, Lt Col, USAF
Commander, 90th Civil Engineer Squadron
l
RIGHT -OF -ENTRY AGREEMENT
FROM MBI LAND COMPANY
To THE
UNITED STATES OF AMERICA
THE UNDERSIGNED hereinafter referred to as the "Grantor," hereby grants to the UNITED
STATES OF AMERICA, hereinafter referred to as the "Grantee" or the "Air Force," a right -of -entry
("ROE") upon Grantor's real property described and under the terms and conditions provided herein.
The Grantor and Grantee are sometimes collectively referred to as the "Parties" or individually, a "Party."
I. The Grantor hereby attests that Grantor is the legal owner of or holder of legal authority over the
property to allow access to the property described herein.
2. Description: The property that is the subject of this agreement is located at Property ID#/Assessor's
Parcel Number: 053534000007, 053331000005, 072504100004. (hereafter, "the Premises").
3. The Grantor hereby grants to the Grantee, including Grantee's officers, representatives, employees,
agents, or contractors ("Authorized Persons") a right to enter upon and access the Premises at any
time in order to conduct field surveys to assess the presence or absence of various Threatened &
Endangered (T&E) Species, Wetlands, and Cultural Resources. All survey work will be done
on foot.
3.1. Biological surveys would be conducted on the Premises to identify T&E Species of wildlife and
vegetation and their habitats along the potential utility corridors, and to support United States Air
Force (USAF) compliance with the Endangered Species Act and other biological resource -related
regulations. The surveys would not be conducted continuously, but rather would occur at discreet
times and locations depending on the appropriate time to investigate for a certain species and the
likelihood for the species to occur in a specific area. Biological surveys would consist of the Field
Survey Team walking over and conducting visual observations of the Premises, identifying species,
and recording data with handheld computer tablets, notes, photographs, and global positioning
system (GPS) coordinates.
3.2. Wetland delineations would be conducted on portions of the Premises identified as having
confirmed or potential Wetland areas. Wetlands are defined based on the presence of wetland
vegetation, wetland hydrology, and hydric soils. Methods for determining their presence or absence
are outlined in the U.S. Army Corps of Engineers' Wetland Delineation Manual. Wetland
delineations for project planning are anticipated to occur during the months of July, August, and
September. The work would include recording the locations with a GPS unit and photographing the
wetlands at representative locations on the Premises to illustrate conditions on the ground. To
evaluate vegetation conditions, the Field Survey Team would observe and identify vegetation
species. Hydrology would be determined through visual observations of surface conditions such as
Page 1 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
surface water, evidence of recent flow, or water -deposited debris. To evaluate the presence of hydric
soils, test pits approximately 6 inches in diameter and up to 24 inches deep may be dug by hand using
a tile spade at each wetland location and the soil observed; the soil would then be placed back into
the pit. If hydric soils are present, indicating a wetland, additional test pits would be dug in an
adjacent upland area to define the wetland boundary. For a listing of Wetland areas of interest on
the Premises to be assessed during this survey, please refer to Attachment 1 of the letter provided.
3.3. For Cultural Resource field surveys, the Field Survey Team will walk the Premises and
conduct visual observations to identify cultural resources. Resources that are identified will be
recorded using hand-held computer tablets, notes, forms, drawings, photographs, and GPS
coordinates. No artifacts will be collected. In certain circumstances, to identify the boundaries of an
identified cultural resource, small hand -dug subsurface trowel or shovel probes may be required.
These areas will not exceed six pits, 20 inches diameter by 20 inches deep, per identified resource.
If probes are necessary, all excavated soil will be placed back into the pits. If surface visibility is at
30 percent or lower in the survey area due to thick vegetation, such as near streams or water bodies,
similar shovel probes will be excavated periodically to observe subsurface conditions. If such probes are
necessary, all excavated soil will be placed back into the pits. Pits will not be left open overnight.
3.4. For all surveys, fencing will not be altered or damaged. All gates will be left in the state
found (opened or closed) when accessing the Premises.
4. The Grantor hereby also grants to Authorized Persons a right to enter upon and access the Premises
to engage in real estate planning activities, e.g. conduct appraisals or surveys, in the event the Grantee
may request use of the Premises at some future date.
5. This ROE includes the right of ingress and egress on other lands of the Grantor, provided such ingress
and egress is necessary and access to the Premises is not otherwise conveniently available to the Grantee.
6. The term of this ROE is five (5) years, commencing on the date of the signed right -of -entry. This
ROE may be renewed for an additional five (5) year term by mutual agreement of the Parties. An original
shall be maintained in the Air Force real property records.
7. Grantor agrees it will maintain reasonably safe Premises and a safe means of ingress and egress to
the Authorized Persons and safe access for the purposes provided in this agreement.
8. Grantee shall have sole responsibility for all costs and expenses relating to the Surveys.
9. Grantee agrees to take reasonable measures to avoid interference with normal activity on the Property.
Page 2 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
10. Any tools, equipment, and other property taken upon or placed upon the Premises by the Grantee
shall remain the property of the Grantee and may be removed by the Grantee at any time within a
reasonable period after the expiration of this ROE, unless an alternative disposition of the tools,
equipment, and other property placed on the land by the Grantee is agreed to in a separate transaction.
Such disposition shall be in compliance with applicable laws.
11. If any action of an Authorized Person in the exercise of this right -of -entry results in damage to the
Premises, the Grantee will, at its option, either repair such damage, ensure such damage is repaired, or
make an appropriate settlement with the Grantor. In no event shall such repair or settlement exceed the
fair market value of the fee interest of the Premises at the time immediately preceding such damage.
Nothing contained in this Agreement is intended to limit or waive the Government's protections or
defenses under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. The Grantee's liability under this
clause may not exceed appropriations available for such payment, and nothing contained in this right of
entry may be considered as implying that Congress will, at a later date, appropriate sufficient funds to
continue the purposes of this right of entry. The provisions of this clause are without prejudice to any
rights the Grantor may have to make a claim under applicable laws for any other damages than provided
herein.
12. Consistent with the Anti -Deficiency Act, any requirement for the payment or obligation of funds by
the Grantee in connection with this right -of -entry shall be subject to the availability of appropriated
funds, and nothing herein shall be interpreted to require obligation or payment of funds in violation of
the Anti -Deficiency Act, 31 U.S.C. §§ 1517, 1541-1542, and nothing in this ROE is intended to bind the
Grantee to commit, obligate, appropriate or spend funds in violation of the Anti -Deficiency Act and
other applicable law respecting Federal funding.
13. This agreement may be amended at any time by mutual agreement of the Parties in writing and
signed by a duly authorized representative of each of them
Please visit us at https://www.gbsdeis.coml.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES.]
Page 3 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
IN WITNESS whereof, this Right -of -Entry is made by Grantor this day of , 20_.
[Complete applicable Option Below]
If Grantor Is an Individual owner:
(Sign):
Print Name:
Phone Number:
Email Address:
If Grantor Is a Company:
(Sign):
Print Name:
Title:
Legally Authorized Representative
Name of Company:
If Grantor Is not the property resident list the resident's information:
Print Name:
Phone Number:
Email Address:
Page 4 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
IN WITNESS whereof, I have hereunto set my hand by authority of the Secretary of the Air Force.
THE UNITED STATES OF AMERICA
BRIAN R. LOW, Lt Colonel, USAF
Commander, 90th Civil Engineer Squadron
F.E. Warren Air Force Base
Page 5 of 5
ROE Agreement
Contents approved by
SAF/GCN 2020
ATE iNl tx1)
DAILI, T
1,E6 Feet
�h ri-; 4z
—
c r
1,hmof2,./fa G
Lf)d t-4
Y
�j
J1
Hello