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Home My WebLink About20200133.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, JANUARY 13, 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, January 13, 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, Chair Pro-Tem - EXCUSED Commissioner Sean P. Conway - EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce Barker Clerk to the Board, Esther Gesick Assistant Controller, Chris D'Ovidio • MINUTES: Commissioner James moved to approve the minutes of the Board of County Commissioners meeting of January 8, 2020, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. le CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on January 8, 2020, as follows: 1) USR19-0062 - Salt Ranch, LLC, do Outrigger DJ Operating, LLC, 2) USR19-0060 — NGL Water Solutions DJ, LLC, and 3) USR19-0056 — Tomora, LLC, c/o Hunting Titan, Inc. Commissioner James seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. WARRANTS: 1) GENERAL WARRANTS - JANUARY 8, AND 10, 2020: Commissioner Kirkmeyer moved to approve the General Warrants, as printed. Commissioner James seconded the motion, and it carried unanimously. Minutes, Monday, January 13, 2020 C_Qi@s Page 1 2020-0133 BC0016 BIDS: 1) PRESENT AND APPROVE EMERGENCY BID #61900141, BRIDGE 44.0-033.0A REPLACEMENT PROJECT - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Purchasing Department, requested a continuance to allow additional time to acquire concurrence from the Colorado Department of Transportation (CDOT). Commissioner James moved to continue consideration of Bid #61900141 to January 15, 2020. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 2) APPROVE BID #B1900133, STORAGE AND DATA PROTECTION REFRESH — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, stated staff recommends awarding to the second low bidder which met specifications, Lewan Technology, for $1,580,995.00, based on their advantageous long-term price, enhanced technology, overall design and ability to provide the most comprehensive solution to meet the needs of the County. Commissioner Kirkmeyer moved to approve said bid as recommended by staff. Commissioner James seconded the motion, and it carried unanimously. El 3) APPROVE BID #B1900152, CUSTODIAL SERVICES (HUMAN SERVICES BUILDINGS A, B, C) - DEPARTMENT OF BUILDINGS AND GROUNDS (CONT'D FROM 1/6/2020): Mr. Turf stated staff recommends awarding to the low bidder, Oband's Janitorial, for $5,150.00 per month. Commissioner James moved to approve said low bid as recommended by staff. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. 4) APPROVE BID #61900153, CUSTODIAL SERVICES (DOWNTOWN BUILDINGS AND CRIME LAB) - DEPARTMENT OF BUILDINGS AND GROUNDS (CONT'D FROM 1/6/2020): Mr. Turf stated staff recommends awarding to the low bidder, All Clean, LLC, for $12,671.00. Commissioner Kirkmeyer moved to approve said low bid as recommended by staff. Commissioner James seconded the motion, and it carried unanimously. R. 5) PRESENT BID #B2000034, RFQ-ENGINEERING SERVICES FOR DESIGN OF CRS 66/41 INTERSECTION - DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the four (4) bids received and stated staff will make a recommendation on a date still to be determined, following completion of the Qualification Based selection process. • OLD BUSINESS: 1) CONSIDER APPOINTMENT OF COMMISSIONER SEAN P. CONWAY TO A CERTAIN ADVISORY BOARD (CONT'D FROM 01/06/2020): As a result of Commissioner Conway's resignation, Commissioner Kirkmeyer moved to dismiss this matter. Seconded by Commissioner James, the motion carried unanimously. • NEW BUSINESS: 1) CONSIDER APPOINTMENT OF COMMISSIONER STEVE MORENO TO E-470 PUBLIC HIGHWAY AUTHORITY: Commissioner James moved to appoint Commissioner Moreno to the E-470 Public Highway Authority. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. ti 2) CONSIDER CONTRACT ID #3360 2019 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) AWARD AND AUTHORIZE ELECTRONIC SUBMITTAL: Sonja Kohlgraf, Sheriff's Office, stated the County has been awarded $150,518.00, which is ready for draw down to offset the expense of inmate medical services in the jail. Commissioner Kirkmeyer moved to approve and accept said award and authorize the Clerk to the Board to electronically submit the draw down request. Seconded by Commissioner James, the motion carried unanimously. Minutes, Monday, January 13, 2020 Page 2 2020-0133 BC0016 e 3) CONSIDER CONTRACT ID #3362 PROJECT PROPOSAL APPLICATION FOR 2020 NORTHEAST COLORADO ALL HAZARD STEERING COMMITTEE (NAEHR) HOMELAND SECURITY GRANT AND AUTHORIZE CHAIR TO SIGN: Ms. Kohlgraf, along with Sergeant Ben Anderson, Sheriff's Office, stated this application seeks funding, in the amount of $15,645.00, to purchase a Throw Robot for the SWAT team to gain information to assess situations during critical incidents and clear possible hazardous areas, ensuring the safety of officers. Commissioner James moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 4) CONSIDER CONTRACT ID #3361 INTERGOVERNMENTAL AGREEMENT FOR ACCESS CONTROL PLAN FOR COORDINATED REGULATION OF PUBLIC ACCESS TO U.S. HWY 36 AND CO HWY 66, AND AUTHORIZE CHAIR TO SIGN - VARIOUS AGENCIES: Elizabeth Relford, Deputy Director of the Department of Public Works, stated this agreement is concerning the Planning and Environmental Linkages (PEL) Study for State Highway (HWY) 66 from U.S. HWY 36 near the Town of Lyons, to County Road (CR) 19 at the end of the DRCOG boundary within Weld County. She stated the PEL is intended to describe existing conditions, identify areas for improvement, and include a risk and resiliency component, as well as the component of operations, which was included by the Colorado Department of Transportation (CDOT). Ms. Relford explained Commissioner James served as a member of the Policy Advisory Committee, and a Technical Advisory Committee was established to assist the policy officials. Commissioner Kirkmeyer commented this is like the IGAs for similar corridors (U.S. HWY 85, U.S. HWY 52, and CR 49/74), and she is confident it is a great plan, thanks to the various Public Works staff who have been involved for the past couple of years. Commissioner James also applauded the Mayor from the Town of Mead and commented concerning the last-minute changes submitted by Boulder County and the Town of Lyons. Commissioner James moved to approve said agreement and authorize the Chair to sign, which was seconded by Commissioner Kirkmeyer, and it carried unanimously. Commissioner Freeman expressed his appreciation for the collaborative work, which is in the best interest of the entire corridor. IE 5) CONSIDER AMENDMENT TO SMALL TRACT OIL AND GAS LEASE COVERING CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO SIGN — GRIZZLY PETROLEUM COMPANY, LLC: Esther Gesick, Clerk to the Board, stated this amendment identifies updated lot designations in the legal description resulting from the development of the Prairie View Replat Subdivision in the Town of Milliken and confirmed the lease acreage remains the same. Commissioner Kirkmeyer moved to approve said amended lease and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. • 6) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - DAVID ANDERSON: Bruce Barker, County Attorney, stated Mr. Anderson has done excellent work concerning adult protection and appeal cases and he recommended approval of the extended term for services. Commissioner James moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 7) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - PEEK GOLDSTONE, LLC: Mr. Barker stated Peek Goldstone assists with child support enforcement and has been recognized by the courts for their excellent work; therefore, he recommended approval of the extended term for services. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. Minutes, Monday, January 13, 2020 Page 3 2020-0133 BC0016 El 8) CONSIDER REVISIONS TO BYLAWS FOR EXTENSION ADVISORY COUNCIL: Keith Maxey, Director of Extension, reviewed the proposed revisions for the record. Commissioner James moved to approve said revised bylaws. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. 9) CONSIDER APPOINTMENTS TO EXTENSION ADVISORY COUNCIL: Commissioner Kirkmeyer moved to approve said appointments. Commissioner James seconded the motion, and it carried unanimously. IE 10) CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner James moved to approve said appointments. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PLANNING: 1) SECOND READING OF CODE ORDINANCE #2019-18, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2019-18 by title only. Commissioner James seconded the motion, and it carried unanimously. Mr. Barker read said title for the record. Tom Parko, Director of the Department of Planning Services, reviewed the two amendments, including a provision to add more flexibility concerning wells within townsites and minor cleanup language. Lastly, he referenced correspondence received from Rock Creek Surveying, LLC, on behalf of D&C Farms, LLLP, and the Howard Family (Exhibit F). Upon review of the written public comments, Mr. Parko explained there was a request for a Recorded Exemption parcel in the Dry Creek Regional Urbanization Area (RUA), which was rejected based on the Pending Ordinance Doctrine because this Ordinance change would prohibit REs within the RUA. In response to Commissioner Kirkmeyer, Mr. Parko confirmed that although RE lots will no longer be allowed in the RUA, there is still a provision for the subdivision process to accomplish the same thing. Bruce Barker, County Attorney, stated, for the Pending Ordinance Doctrine to apply, the public must be made aware of the pending changes and establish a cutoff date for allowing applications in the interim. He further stated, in this case, proper notice was made and there are members of the public present concerning this matter; however, the Board did adopt the proposed change on First Reading, establishing that a RE lot is not consistent with the intent of the RUA. El John Howard, County resident, reviewed the ownership and transfer arrangements concerning their family property, and stated he was under the impression the RE process was still a feasible option, thus he requested their RE application be allowed to proceed under the current regulations. He further stated their request will retain the main farmhouse as the center for farm operations and allow for ongoing livestock management. Commissioner Kirkmeyer explained the testimony for this item of business should be limited to whether REs are consistent with the intent of the RUA, in general, not the specifics of the isolated RE request. Mr. Howard stated they discussed their plan for the RE with staff more than a year ago and they were not made aware of the proposed change until two weeks ago. There being no further comments, Chair Freeman closed public input. Commissioner Kirkmeyer stated she agrees with the proposed changes, but recognized there is a property owner caught in the middle; therefore, she directed staff to work with the Howard family to present some solutions related to that specific situation at a future date. Commissioner Kirkmeyer moved to approve Code Ordinance #2019-18 on Second Reading. Commissioner James seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance 2019-18 was 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. Minutes, Monday, January 13, 2020 Page 4 2020-0133 BC0016 There being no further business, this meeting was adjourned at 9:37 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddrztv Weld County Clerk to the Board BY: eputy Clerk to the Board Mike Freeman, Chair EXCUSED Steve Moreno, Pro -Tern EXCUSED Sean Conwa of K. James arbara Kirkmey Minutes, Monday, January 13, 2020 Page 5 2020-0133 BC0016 ATTENDANCE LIST 1--/3-QD01/0 NAME - PLEASE PRINT LEGIBLY- ADORES S (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE' SPEAKING (Y/N)? a k o wee hi 4r 7q buz i Y /3,-,:,4-1,, (1-e%-1 v g' ar /Jwod c6 `73 9 cv(�' �f ' a 5I-; l v../cL Hello