HomeMy WebLinkAbout20203597RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, DECEMBER 9, 2020
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, December 9, 2020, 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 Steve Moreno, Pro -Tern
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
MINUTES: Commissioner James moved to approve the minutes of the Board of County
Commissioners meeting of December 7, 2020, as printed. Commissioner Ross seconded the motion,
and it carried unanimously.
._= AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda, as printed.
Commissioner Ross seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
WARRANTS:
1) GENERAL WARRANTS - DECEMBER 8, 2020: Commissioner Ross moved to approve the General
Warrants, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El NEW BUSINESS:
1) CONSIDER TEMPORARY PERMIT FOR A RETAIL LIQUOR STORE (COUNTY) LIQUOR LICENSE
AND AUTHORIZE CHAIR TO SIGN - CROW VALLEY, LTD., DBA CROW VALLEY LIQUORS:
Bob Choate, Assistant County Attorney, stated this temporary permit will allow the new owner to continue
operating under the existing license while the Transfer of Ownership application is being processed. He
stated the liquor store is located near Briggsdale, the new owner successfully completed a background
check, and no concerns were noted in the referral responses. He explained the Transfer of Ownership
Minutes, Monday, December 9, 2020
Olits Page 1
2020-3597
BC0016
only considers the good moral character of the applicant, since there is no change in the neighborhood.
Robert Eckhoff, applicant, was present to answer any questions. Commissioner James moved to approve
said temporary permit and authorize the Chair to sign. Seconded by Commissioner Ross, the motion
carried unanimously.
2) CONSIDER CONTRACT ID #4259 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - RYAN
RUTLEDGE AND CASEY CRAWFORD: Jamie Ulrich, Department of Human Services, presented the
new foster care home located in Severance, Colorado. Commissioner Kirkmeyer moved to approve said
contract and authorize the Chair to sign. The motion was seconded by Commissioner Ross, and it carried
unanimously.
3) CONSIDER CONTRACT ID #4261 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
JONATHAN AND LINDSEY SEITZ: Ms. Ulrich recommended approval of the new foster care home
located in Greeley, Colorado. Commissioner Kirkmeyer moved to approve said contract and authorize
the Chair to sign, which was seconded by Commissioner James, and it carried unanimously.
El 4) CONSIDER CONTRACT ID #4269 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
MELISSA KNUTSON: Ms. Ulrich stated this contract is for a new foster care home in Windsor, Colorado.
The motion to approve said contract and authorize the Chair to sign was made by Commissioner Ross,
seconded by Commissioner Kirkmeyer, and it carried unanimously.
5) CONSIDER CONTRACT ID #4272 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF
FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
JOHANNA ARCE: Ms. Ulrich presented the new foster care home located in Greeley, Colorado.
Commissioner Moreno moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner James, the motion carried unanimously.
le 6) CONSIDER CONTRACT ID #4262 AGREEMENT FOR PROFESSIONAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - LIVE THE VICTORY, INC., DBA THE MATTHEWS HOUSE: Ms. Ulrich
stated, under the terms of this agreement, the vendor will provide pre -certification for foster and kinship
parents using the National Training and Development Curriculum. Commissioner Ross moved to approve
said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
le 7) CONSIDER CONTRACT ID #4264 MEMORANDUM OF UNDERSTANDING FOR
APPRENTICESHIP STATE EXPANSION (ASE) GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN -
ARAPAHOE COUNTY: Ms. Ulrich explained the purpose of this MOU is to collectively place 800 new
apprentices into positions by March 31, 2022. Commissioner James moved to approve said
memorandum of understanding and authorize the Chair to sign, which was seconded by Commissioner
Moreno, and it carried unanimously.
Ei 8) CONSIDER CONTRACT ID #4282 MEMORANDUM OF UNDERSTANDING AMENDMENT #2
FOR STATE APPRENTICESHIP EXPANSION (SAE) GRANT FUNDS AND AUTHORIZE CHAIR TO
SIGN - ARAPAHOE COUNTY: Ms. Ulrich stated this amendment will extend the term for use of the SAE
grant funds through May 31, 2021. The motion to approve said memorandum of understanding and
Minutes, Monday, December 9, 2020
Page 2
2020-3597
BC0016
authorize the Chair to sign was made by Commissioner Kirkmeyer, seconded by Commissioner Ross,
and it carried unanimously.
9) CONSIDER CONTRACT ID #4266 UNIVERSAL MEMBERSHIP / WORK NUMBER
AGREEMENT FOR EQUIFAX VERIFICATION SERVICES AND AUTHORIZE CHAIR TO
ELECTRONICALLY SIGN AND SUBMIT: Ms. Ulrich stated this agreement will allow access to the
Equifax Verification Services for the Work Number which is issued to verify income and determine
employment eligibility. Commissioner Moreno moved to approve said agreement and authorize the Chair
to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
10) CONSIDER CONTRACT ID #4257 WORK PLAN TEMPLATE, ANNUAL PROGRAM PAPER,
AND APPLICATION FOR 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND
LOCAL EMERGENCY MANAGER SUPPORT (LEMS) PROGRAM FUNDING AND AUTHORIZE CHAIR
TO SIGN: Roy Rudisill, Director of the Office of Emergency Management, presented the application, in
the amount of $76,000.00, which represents approximately 15% of the overall department budget and, if
awarded, will be used to support training, exercise planning and general OEM programs. Commissioner
Kirkmeyer moved to approve said application and authorize the Chair to sign. The motion was seconded
by Commissioner Ross, and it carried unanimously.
11) CONSIDER CONTRACT ID #4288 AGREEMENT FOR PURCHASE OF PRIVATE PROPERTY
FOR CERTAIN IMPROVEMENTS TO INTERSECTION AT CRS 41 AND 66 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS — RAY HUNT: Clay Kimmi, Department of Public Works, stated
this agreement authorizes the purchase of the Hunt property, located in the northwest corner of the
intersection, which is necessary to complete the designed improvements. Commissioner Ross moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner James, the motion
carried unanimously.
12) CONSIDER CONTRACT ID #4299 MANDATORY CONTRACT PROVISION AGREEMENT
AND EQUIPMENT RENTAL AGREEMENTS FOR TWO (2) 40 -TON HAUL TRUCKS AND AUTHORIZE
CHAIR TO SIGN - 4 RIVERS EQUIPMENT: Jay McDonald, Director of the Department of Public Works,
presented the need to rent two 40 -ton haul trucks for reclamation and hauling activities at county gravel
pits. Commissioner Moreno moved to approve said agreements and authorize the Chair to sign. The
motion was seconded by Commissioner James, and it carried unanimously.
PLANNING:
1) CONSIDER AMENDED RECORDED EXEMPTION, RECX16-0061 - RYAN AND HEATHER
HEILAND, AND ANTHONY AND LORI SANCHEZ: Michael Hall, Department of Planning Services,
reported staff is working to complete or close out outstanding exemption cases which were conditionally
approved by staff between 2016 and 2019. He stated 14 applications were identified, eight (8) have been
withdrawn, and staff sent letters to the remaining six (6) property owners advising them of the steps to
proceed with a completion deadline of October 22, 2020, or withdraw their applications, in accordance
with Section 24-8-60 of the Weld County Code. Mr. Hall reviewed the outstanding items specific to
Amended RECX16-0061, which have recently been addressed, stating the draft plat needs to be
reviewed by staff and then recorded. He stated there are extenuating circumstances related to the case,
explaining the cased was submitted by Lane Walter and Lots A and B were subsequently sold via Deed,
thus the current owners were unaware that the conditions had not been completed, nor the plat recorded.
He stated each of the current owners have expressed their intent to complete the conditions and are
seeking an extension of time. Mr. Hall displayed a map depicting the lot line adjustments to expand the
size of Lot A. a Ryan and Heather Heiland, co -applicants, were present and requested the opportunity
Minutes, Monday, December 9, 2020
Page 3
2020-3597
BC0016
to finalize the process. In response to Commissioner Kirkmeyer, Mr. Hall confirmed Conditions of
Approval #2.A and #2.B (CDOT access permit) have been completed, and the draft plat has been
received for review by staff. Responding to Commissioner Kirkmeyer, Mr. Barker explained because the
conditions have been met, the proper motion would be to approve with the conditions outlined by staff.
Commissioner Kirkmeyer moved to approve Amended RECX16-0061 for Ryan and Heather Heiland
(owners of Lot A) and Anthony and Lori Sanchez (owners of Lot B) with the Conditions of Approval as
presented. Commissioner Moreno seconded the motion, and it carried unanimously.
2) CONSIDER RECORDED EXEMPTION, RECX17-0110 - WILLIAM AND ADRIANN WYCOFF:
Mr. Hall stated RECX17-0110 was conditionally approved by staff on July 31, 2017; however, Conditions
of Approval (COA) #2.A (shared well agreement), #2.B (Colorado Division of Water Resources
requirements), #2.C (school district referral), #3 and #5 (plat requirements) remain outstanding. He stated
there has been limited action to complete the remaining items; however, following the recent notification
letters, the property owner has expressed his intent to complete the process and record the plat, despite
extenuating circumstances concerning the shared well agreement. He displayed an aerial map and
reviewed the location of the site. Bill Wycoff, property owner, was present via teleconference and
detailed the personal reasons resulting in delay of the project completion and further explained COA #2.A
has been a challenge because the recorded shared well agreement requires acknowledgment by the
adjacent land owner to gain approval by the State Engineer; however, the property has been sold four
times throughout this exemption process. Mr. Wycoff stated COA #2.B will be done once #2.A is
complete, #2.C can be done by the end of the week, and COA #3 and #5 both involve survey work which
is done, and the plat is near completion. In response to Chair Freeman, Mr. Wycoff indicated the primary
issue remains obtaining an acknowledgement signature by the new owners who have not moved in yet,
so it is difficult to determine a specific amount of time to complete, but if the matter goes to court, it could
take up to six months. Commissioner Kirkmeyer moved to approve RECX17-0110, with the COA to be
completed by December 8, 2021, and added further instruction to the applicant to notify the County prior
to the set date if a further extension is required due to court delays. Commissioner Ross seconded the
motion, and it carried unanimously.
3) CONSIDER RECORDED EXEMPTION, RECX18-0090 - TODD AND LISA ARNOLD: Mr. Hall
stated RECX18-0090 was administratively approved by staff on August 13, 2018, and to -date, the
applicants have not completed Conditions of Approval (COA) #5.A (private access agreement), #5.B
(Colorado Division of Water Resources well repermitting requirements), #5.C (RE -9 school district
referral), #5.D (non-commercial junkyard zoning violation), #6 and #8 (draft plat requirements). He
indicated limited action has been taken, and following the notification letters, no contact has been
received. Mr. Hall displayed an aerial map and a site drawing showing the proposed lot split. Chair
Freeman confirmed the applicants were not present and Mr. Barker stated they are not required to be
present for the Board to act on the matter. Commissioner Ross moved to deny Recorded Exemption,
RECX18-0090, based on the lack of evidence to demonstrate an intent to complete the Conditions of
Approval. Commissioner James seconded the motion, and it carried unanimously.
4) CONSIDER RECORDED EXEMPTION, RECX19-0018 - BRIAN AND CAROLINE COHOON:
Mr. Hall stated RECX19-0018 was administratively approved on April 8, 2019, but to -date, the applicants
have not completed Conditions of Approval (COA) #2.A (vacate USR permit for second home), #2.6
(adequate water source), #2.C and #2.D (Environmental Health septic requirements), #2.E (Fort Lupton
Fire Protection District referral), #2.F (Colorado Division of Water Resources well repermitting
requirements), #2.G (Farmers Reservoir and Irrigation Company referral), #3 and #5 (draft plat
requirements). He confirmed limited action has been taken by the property owners to complete the
process; however, following receipt of the notification letters, staff was contacted by Brian Cohoon and
his representative, Martin Towell, who expressed their intent to complete the application. Mr. Hall
Minutes, Monday, December 9, 2020
Page 4
2020-3597
BC0016
displayed an aerial map of the site and surrounding area. IR Martin Towell, father of Caroline Cohoon,
represented the property owners and explained there are extenuating circumstances caused by pending
divorce proceedings; however, they have recently determined Ms. Cohoon will retain the property and
she is requesting a six (6) -month extension to complete the outstanding items. In response to
Commissioner Kirkmeyer, Mr. Towell confirmed they submitted the application to FRICO to obtain an
easement and seepage agreement which will grant access along the ditch access road, and they are
waiting for the mortgage company to sign off, which is estimated to take three (3) months. He further
stated they do have an executed agreement with FRICO to improve the access road. Commissioner
Kirkmeyer moved to approve RECX19-0018, with the COA to be completed by June 9, 2021, and added
further instruction to the applicant to notify the county prior to the set date if a further extension is required.
Commissioner Ross seconded the motion, and it carried unanimously.
Ei 5) CONSIDER AMENDED RECORDED EXEMPTION, RECX17-0173 - ROBERT AND
CANDICE PITTINGTON, JR.: Mr. Hall stated this case was processed in conjunction with Subdivision
Exemption, SUBX17-0023 (see item #6 below), in order to complete a lot line adjustment. He indicated
the Pittingtons have not completed RECX17-0173 Conditions of Approval (COA) #4 and #6 (draft plat
submittal requirements), and the Ericksons have not completed SUBX17-0023 COA #4.A (Colorado
Division of Water Resources well repermitting requirements), #5 and #7 (draft plat submittal
requirements). Mr. Hall stated subsequent to sending the notification letters, the Ericksons expressed
their intent to complete the process; however, staff has not been contacted by the Pittingtons. He
displayed an aerial image of the lots and reiterated the applications were processed concurrently to
accomplish a lot line adjustment. a Heather Erickson, applicant, explained the lot line adjustment will
ensure the existing barn remains with the original homestead, and they plan to purchase more land from
the Pittingtons in the future and would prefer to not pay for the cost of a mylar until all of the land
transactions are complete. Mr. Hall stated a mylar is typically required as part of the survey, and
responding to Commissioner Kirkmeyer, he explained the lots will be locked from any future permit
reviews if the applicants transfer the land via a Quit Claim Deed without completing the necessary platting
process. Benjamin Erickson, applicant, explained they have paid for everything to -date, and they
anticipate purchasing more land, in 2023, once the private lien is cleared on the Pittington's land. He
added they currently own the 0.18 acres under contract. Mr. Barker agreed with staff that in order to
accomplish the additional lot line adjustments, the matter would have to be extended to 2023.
Commissioner Kirkmeyer moved to approve RECX17-0173, with the COA to be completed by
December 6, 2023, and added further instruction to the applicants to notify the County prior to the set
date if a further extension is required. Commissioner James seconded the motion, and it carried
unanimously.
6) CONSIDER RESCINDING SUBDIVISION EXEMPTION, SUBX17-0023 - BENJAMIN AND
HEATHER ERICKSON: Based on testimony above, Commissioner Kirkmeyer moved to approve
SUBX17-0023, with the COA to be completed by December 6, 2023, and added further instruction to the
applicants to notify the County prior to the set date if a further extension is required. Commissioner Ross
seconded the motion, 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, December 9, 2020
Page 5
2020-3597
BC0016
There being no further business, this meeting was adjourned at 9:54 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddtAgio JCitD;ok.
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
Mike Freeman, Chair
Steve •reno, Pro-Tem
arbara Kirkm yer
Kevin D. Ross
Minutes, Monday, December 9, 2020
Page 6
2020-3597
BC0016
ATTEN9ANCE LIST
izia Loa)
NAME - PLEASE PRINT LEGIBLY
EMAIL
COUNTY OP ,
RESIDENCI=
SPEAKING
(Y/N)?
ADDRESS (CITY, STATE ZIP)
(1,kri S Sckci4z
3`19-1gI,0 CA, 6,3gri'If/j l(
f,(%e__1ci
A/
Cs1)J ,�C.6(
�e 2 3 ii'e,dv
'
/.i r7
%
' ,��yd
Y 9s(7 cr 23 /1/2<4,1 ReLvs,
‘e__4 --1d
73el t..,, Ek,, 4c
/5 p G ,'e tir, Pita'
ce/eid
/t/'
deo,*kkr Errekso/1
1650 et r1 -i00 Al oil n
Y
?
\U Cq- (VD 9 6� u.\2--
We\d
d
R0ob€Vf E
Rob
Iiu :ci Sfv.---e slSJcee
ive /
?rs
PE6--TiIt - ett,11-.).4
74(.9 ESA -4--e qwy (oo, Laves
att d
N
1Z-yAN H11, A)'b
' ''
CuAi v-F.9010,5M4i 1.. Com
VVMA
Y
0nfteiCk— 6 ki r✓ .>
(0(-)19' Ca 1 0( F. L v fv.
Uv -c-Z �
rli
/4 act -t,., -ry w6-c,�
- ( t -------
C -Lo
t�,
J
1_,,,,-\ .zc_ha`Z_.
5o t C0) ".c, K EQi-{-3,,c1
Lei
/-4-1Le
1,L)--e_l 4._
?°
W t Warn Wy
Tth brie --Ina
Hello