HomeMy WebLinkAbout20203289.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 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, November 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 Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 4, 2020, as printed. Commissioner James seconded the motion,
and it carried unanimously.
READ ORDINANCE BY AUDIO: Commissioner Ross moved to read Code Ordinance #2020-19
by audio. The motion was seconded by Commissioner Moreno, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner James moved to approve the Certification of
Hearings conducted on November 4, 2020, as follows: 1) USR20-0021 — Glenn and Karen Miller, do
Andrew Hein, and 2) USR19-0060 — NGL Water Solutions DJ, LLC. Commissioner Ross seconded the
motion, which 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 Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: Benjamin Seulean, representative of Congressman Ken Buck, congratulated
those who were successful in their re-election campaigns and provided a statement from Congressman
Buck's office concerning the recount of all eligible ballots. He also addressed the Saving American History
Act which will prohibit federal funds from supporting the 1619 Project in public schools, as it teaches
inaccurate historical accounts. Lastly, he spoke concerning the effort to investigate the domestic
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terroristic acts occurring across the nation in recent months. Mr. Seulean presented Congressman Buck's
stance to abolish the Department of Education in order to distribute educational funding directly to the
states and recognized Congressman Buck for earning the FreedomWorks' FreedomFighter Award and
the American Conservative Union's Award for Conservative Excellence, as he continues to work diligently
on behalf of the citizens of Weld County.
• PRESENTATIONS:
1) RECOGNITION OF SERVICES, JUVENILE COMMUNITY REVIEW BOARD - MARIE COCHRON:
Chair Freeman read the certificate for the record, recognizing Marie Cochron for her time and
commitment to the Juvenile Community Review Board.
▪ 2) RECOGNITION OF SERVICES, WELD FAITH PARTNERSHIP COUNCIL - PAM
HUNGENBERG AND MICHAEL MATHEWS: Chair Freeman read the certificates recognizing Pam
Hungenberg and Michael Mathews for their service on the Weld Faith Partnership Council.
PROCLAMATIONS:
1) APPRENTICESHIP WEEK - NOVEMBER 8-14, 2020: Tami Grant, Deputy Director of the Department
of Human Services, recognized the efforts of the Workforce Development Board staff and stated
apprenticeship is a proven strategy to improve the workforce, while the Business Services team and the
Employment Training Work programs actively work to align statewide registered apprenticeship
consultants and develop new County programs. Cecelia Moreno, Department of Human Services,
thanked the Board for their support and shared her excitement in bringing apprenticeships to Weld
County. The Commissioners, in turn, recognized the value of skilled tradesmen, apprenticeships, and the
successful utilization of the Bright Futures funding to provide the public with the necessary resources to
create the American Dream. Dwight Steele, Board member, shared his long-standing participation in
employment training, recognized the importance of the workforce efforts, and thanked the
Commissioners. (Clerk's Note: the group gathered for a photo opportunity).
• WARRANTS:
1) GENERAL WARRANTS - NOVEMBER 6, 2020: Commissioner Ross moved to approve the General
Warrants, as printed. Commissioner James seconded the motion, and it carried unanimously.
2) COMMISSIONER WARRANTS - NOVEMBER 6, 2020: Commissioner Moreno moved to
approve the Warrant for Commissioner Kirkmeyer, as printed. Commissioner Ross seconded the motion,
and it carried unanimously, with Commissioner Kirkmeyer recused from the vote.
IE NEW BUSINESS:
1) CONSIDER CONTRACT ID #4231 RECRUITMENT AND RETENTION LOCAL INNOVATION FUND
GRANT APPLICATION AND AUTHORIZE DEPARTMENT OF HUMAN SERVICES STAFF TO SIGN:
Jamie Ulrich, Director of the Department of Human Services, stated the $5,000.00 will fund meals for an
appreciation event held to increase foster parent retention. Commissioner Kirkmeyer moved to approve
said grant application and authorize the Department of Human Services staff to sign. Seconded by
Commissioner Ross, the motion carried unanimously.
▪ 2) CONSIDER CONSENT TO ENFORCEMENT OF 2018 INTERNATIONAL FIRE CODE, WITH
AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN
PLATTE VALLEY FIRE PROTECTION DISTRICT: Jose Gonzales, Department of Building Inspection,
presented the modifications to the 2018 International Fire Code for enforcement and stated Ryan
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Buderous, Platte Valley Fire Protection District, was present to answer questions. Commissioner Moreno
moved to consent to said enforcement. The motion was seconded by Commissioner James, and it carried
unanimously.
3) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN - COL -BARB, LLC, DBA MAGGI'S KITCHEN:
Bob Choate, Assistant County Attorney, detailed the property location and stated no concerns were
received through the referral process. Commissioner James moved to approve said renewal application
and authorize the Chair to sign, which was seconded by Commissioner Ross, and it carried unanimously.
4) CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR
LICENSE WITH ONE (1) OPTIONAL PREMISES AND AUTHORIZE CHAIR TO SIGN - RNR, LLC, DBA
MCCARTY'S AT EATON COUNTRY CLUB: Mr. Choate detailed the property location and stated no
concerns were received from the referral agencies. Commissioner Ross moved to approve said renewal
application and authorize the Chair to sign, which was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
n. = 5) CONSIDER REVISIONS TO BYLAWS, PROCEDURES, AND CRITERIA FOR JUVENILE
COMMUNITY REVIEW BOARD: Bruce Barker, County Attorney, stated the revisions include language
to adhere to each member's specialization. Commissioner Kirkmeyer moved to approve said revised
bylaws. Commissioner James seconded the motion, and it carried unanimously.
6) CONSIDER REAPPOINTMENTS AND APPOINTMENT TO JUVENILE COMMUNITY REVIEW
BOARD: Commissioner Kirkmeyer moved to approve said reappointments and appointment.
Commissioner James seconded the motion, and it carried unanimously.
7) CONSIDER APPOINTMENT TO EXTENSION ADVISORY COUNCIL: Commissioner James
moved to approve said appointment. Commissioner Ross seconded the motion, and it carried
unanimously.
8) CONSIDER APPOINTMENT TO AREA AGENCY ON AGING ADVISORY BOARD:
Commissioner Ross moved to approve said appointment. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
9) CONSIDER REAPPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner
Moreno moved to approve said reappointments. Commissioner James seconded the motion, and it
carried unanimously.
10) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - DANIEL SKELTON: Commissioner Kirkmeyer moved to approve said appointment and
authorize the Chair to sign. Seconded by Commissioner Ross, the motion carried unanimously.
11) FIRST READING OF CODE ORDINANCE #2020-19, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE (ANNUAL FEES): Mr. Barker presented the modification to various fees and
Commissioner Kirkmeyer stated no changes were made after the budget work sessions. No public input
was provided. Commissioner James moved to approve Code Ordinance #2020-19 on First Reading.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
Minutes, Monday, November 9, 2020
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12) FINAL READING OF CODE ORDINANCE #2020-17, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
(TRANSPORTATION PLAN): Commissioner Kirkmeyer moved to read Code Ordinance #2020-17 by title
only. The motion was seconded by Commissioner Ross, and it carried unanimously. Mr. Barker read the
title for the record. Evan Pinkham, Department of Public Works, summarized the previous version,
adopted in 2011, and reviewed changes made to the Functional Classification Map, assuring the online
GIS portal will be updated upon approval of Final Reading. In response to Commissioner Kirkmeyer,
Mr. Pinkham confirmed the modification to the O Street corridor agreed upon during discussions with the
Town of Windsor and City of Greeley has been included. No public testimony was offered concerning
this matter. Commissioner Moreno moved to approve Code Ordinance #2020-17 on Final Reading.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PLANNING:
1) CONSIDER REQUEST TO TEMPORARILY EXTEND THE HOURS OF OPERATION FOR
AMENDED USE BY SPECIAL REVIEW PERMIT, AMUSR-1102, FOR MINERAL RESOURCE
DEVELOPMENT INCLUDING OPEN PIT MINING AND MATERIALS PROCESSING (SAND, GRAVEL
AND STONE), INCLUDING CONCRETE AND ASPHALT RECYCLING AND A CONCRETE AND
ASPHALT BATCH PLANT FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - L.G. EVERIST,
INC.: Tom Parko, Director of Planning Services, presented the request to extend the mining hours of
operation in Development Standard (DS) #23 to accommodate overnight construction activities for an
Interstate 25 (1-25) project from November 9, 2020, through November 13, 2020. Responding to
Commissioner Kirkmeyer, Mr. Parko confirmed the Use by Special Review (USR) permit is in good
standing. Commissioner James moved to approve said request. Commissioner Ross seconded the
motion, and it carried unanimously.
IR 2) FINAL READING OF CODE ORDINANCE #2020-13, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2020-13 by title only. The
motion was seconded by Commissioner Ross, and it carried unanimously. Mr. Barker read the title for
the record. Mr. Parko reviewed various alterations to the language, such as stating "should" instead of
"shall" in Section 22-2-30.A.1 and replacing "Opportunity Zones" with "Weld County Opportunity Zones,"
as well as sharing the replacement of the map under Appendix 22-D.
Bill Jerke, LaSalle resident, submitted a letter from Jack Reitzel, Beebe Draw Farms Metropolitan
District representative, suggesting further review of the Comprehensive Plan with key stakeholders to
prevent various ramifications, and a redlined document noting suggested changes. He expressed
concerns with language that may prevent the ability for properties to expand within current Metropolitan
Districts and he shared the desire to ensure further flexibility for development as dynamics, population,
and water law change. In response to Commissioner Ross, Mr. Jerke stated Mr. Reitzel did attend the
additional public meeting held after Second Reading, which led to his comments and concerns detailed
in the presented letter. Responding to Commissioner James, Mr. Jerke referred to the redlined document
and stated items #B.3 and #B.4 might need to remain separate to ensure protections are prohibitive of
ongoing agricultural and urban scale development. In further analysis of the redlined document,
Commissioner Kirkmeyer stated revised #4 to recognize new master plan developments is not an urban
development in urban areas and clarified the distinction between the Comprehensive Plan as future
development guidelines and the Subdivision or Zoning regulations as guidelines for current land uses.
She shared the current #3 has been consistent with the intent of the Comprehensive Plan since 1988,
and the proposed #C.8 is unnecessary in the Comprehensive Plan, as similar language exists in
Chapter 24 to allow amended and compatible Planned Unit Developments (PUD). Commissioner
Kirkmeyer moved to approve Code Ordinance #2020-13 on Final Reading. Commissioner James
seconded, and it carried unanimously.
Minutes, Monday, November 9, 2020
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2020-3289
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RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2020-19 was approved on First Reading and Code Ordinances
#2020-17 and #2020-13 were approved on Final 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 9:40 a.m.
ATTEST: dadfd v G jeleo:vi
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED DATE OF APPROVAL
Mike Freeman, Chair
Steve oreno, Pro-Tem
Minutes, Monday, November 9, 2020
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2020-3289
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ATTENDANCE LIST
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Esther Gesick
From:
Sent:
To:
Subject:
Kevin Ross
Monday, November 9, 2020 3:44 PM
Esther Gesick
FW: Congressman Buck Monthly Update
From: Seulean, Benjamin <Benjamin.Seulean@mail.house.gov>
Sent: Monday, November 9, 2020 3:15 PM
To: Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James <sjames@weldgov.com>; Mike Freeman
<mfreeman@weldgov.com>; Kevin Ross <kross@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
Subject: Congressman Buck Monthly Update
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good Afternoon Commissioners,
I enjoyed getting to see each of you this morning. Attached below is the full monthly Congressional
Update for Congressman Ken Buck. In addition to this update, as I mentioned this morning,
Congressman Buck released the following statement on Tuesday's Presidential Election:
"All legal votes should be counted and the process should be fully transparent. It is important that
we protect the integrity of our free and fair elections."
Again, if you have any input on an upcoming vote, a current event you think Congressman Buck
should speak about, or a local issue you think the Congressman should know about - please don't
hesitate to reach out to me directly. I will gladly take your call or schedule a meeting!
October 2020 Legislative Update
Committee Assignments for the 116th Congress: Judiciary and Foreign Affairs
Rep. Buck Pens Antitrust Report that Presents a "Third Way" to Take on Big Tech (10/06)
Congressman Buck released a report detailing solutions to rein in Big Tech's anticompetitive behavior with
support from Representatives Doug Collins (R-Ga.), Matt Gaetz (R -Fla.) and Andy Biggs (R -Ariz.). "The Third
Way: Antitrust Enforcement in Big Tech" serves as a response to the majority staff's report on the year -long
Big Tech investigation conducted by the House Judiciary Subcommittee on Antitrust, Commercial, and
Administrative Law.
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"This report offers a third way forward that will ensure our antitrust regulators have the tools and
resources they require to conduct proper oversight and bring effective antitrust enforcement cases," the report
reads. "It's clear that the ball is in Congress' court. Companies like Apple, Amazon, Google, and Facebook
have acted anticompetitively. We need to rise to the occasion to offer the American people a solution that
promotes free and fair competition and ensures the free market operates in a free and fair manner long into the
future." Buck released the following statement concerning the report:
"While I do not support the recommendations presented in the subcommittee 's majority report, I fully
support and am open to working with Chairman Cicilline to find a solution that reins in Big Tech and
their anticompetitive behavior. Antitrust enforcement in Big Tech markets is not a partisan issue, I
support the ongoing, bipartisan investigations of these companies. But an ounce of prevention is worth a
pound of cure —I would rather see targeted antitrust enforcement over onerous and burdensome
regulation that kills industry innovation. I want to thank Reps. Collins, Gaetz, and Biggs for joining me
in this effort, it is so important that conservatives stand for antitrust enforcement in the Big Tech
marketplace. Their thoughtful and bold decision will help hold Big Tech accountable."
Rep. Buck Calls for Investigation into Colorado Secretary of State's Mailers Urging Non -citizens and
Deceased Individuals to Vote (09/30)
Congressman Buck sent a letter to Attorney General William Barr and Federal Election Commission Chairman
James Trainor asking that they open an investigation into recent reports that the Colorado Secretary of State's
Office mailed voter registration postcards to non -citizens and deceased individuals during a recent voter
registration drive. Buck shared his concerns about how the Secretary of State's actions call into question the
integrity of Colorado's vote count with only 34 days until the 2020 election.
Buck said, "The American people deserve to know that the 2020 election will be conducted in a fair and
transparent manner. As such, I urge the DOJ and FEC to open an investigation into the Colorado
Secretary of State's efforts to register individuals who are ineligible to vote."
Reps. Buck and Allen to Defund Historically Inaccurate 1619 Project Curriculum (09/17)
Congressmen Buck and Rick Allen (R-Ga.) introduced The Saving American History Act, a bill that would
prohibit federal funds from being used to teach the New York Times' historically inaccurate 1619 Project in K-
12 schools or school districts. This bill serves as companion legislation to Sen. Tom Cotton's (R -Ark.) Senate
version - S.4292. This bill would not impact federal funds to assist low-income or special -needs students.
Buck stated, "The 1619 Project teaches children a historically inaccurate account of our nation's
history. Federal funding should not go towards schools that teach a flawed and inaccurate curriculum
in classrooms... We should be able to acknowledge the stains on our nation 's history while still
continuing to celebrate the good our country has done.
Rep. Buck calls for investigation into 'exploitation of children' in letter to DOJ regarding Netflix film
'Cuties' (09/14)
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Congressmen Buck and Andy Biggs (R -Ariz.) sent a letter to the Department of Justice raising concerns about
Netflix's new film `Cuties' and asking for an investigation into the exploitation of children.
The letter stated, "We write expressing our concerns regarding the potential exploitation of children in
Netflix's recently released film, Cuties... We join our Congressional colleagues in urging the Department of
Justice to open an investigation to ensure the film and its production uphold federal laws protecting children
from exploitation."
Buck said, "we cannot stand idly by while Netflix distributes this disturbing film that encourages the
exploitation of children."
Rep. Buck Leads Letter Urging AG Barr and DOJ to Investigate and Prosecute Groups Responsible for
Violent Riots (09/10)
Congressman Buck led 50 total members in sending a letter to Attorney General William Barr urging the
Department of Justice to investigate individuals and groups responsible for funding, organizing, inciting, and
participating in the destructive riots taking place in cities across the country. In the letter, Rep. Buck and the
cosigners straightforwardly denounce these left-wing groups' acts as "terroristic" and "totalitarian," and identify
the prolonged nature and organization of their attacks.
The letter, in part, reads: "We write to share our deep concerns regarding the ongoing violence that has
gripped American cities and threatened the rule of law across our nation. ANTIFA and other left-wing anarchist
groups have unleashed a barrage of totalitarian attacks on our country in recent months, including accosting a
sitting U.S. Senator, hijacking peaceful rallies, organizing armed riots, destroying property, burning buildings,
stealing livelihoods, and spreading hate." Buck released the following statement concerning the letter:
"ANTIFA and other far -left anarchist groups have wreaked havoc on our nation for far too long.
Americans deserve to feel safe and secure in their own communities. It is time that AG Barr and the
DOJ take action to investigate and prosecute the groups responsible for these violent riots. 1 am proud
to lead this effort with my colleagues to put a stop to these coordinated attacks that have subverted our
system of government and way of life," Buck said.
Benjamin Luke Seulean
Area Representative
Congressman Ken Buck (CO -04)
1023 39th Ave. Unit B
Greeley, CO 80634
P: 970.702.2136 I F: 970.702.2951
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