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Home My WebLink About20191709.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 1, 2019 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, May 1, 2019, at the hour of 9:00 a.m. Fi ROLL CALL: The meeting was called to order by the Chair Pro -Tern and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Barbara Kirkmeyer, Chair - EXCUSED Commissioner Mike Freeman, Pro -Tern Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of April 29, 2019, as printed. Commissioner Conway seconded the motion, and it carried unanimously. ▪ AMENDMENTS TO AGENDA: There were no amendments to the agenda. RA CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. PROCLAMATIONS: • 1) FOSTER CARE MONTH, DEPARTMENT OF HUMAN SERVICES - MAY, 2019: Chair Pro -Tern Freeman read the certificate for the record proclaiming. May, 2019, as Foster Care Month expressing the Board's appreciation to Weld County foster and kinship caregivers, faith -based and community organizations and child welfare professionals. Jamie Ulrich, Deputy Director of the Department of Human Services, expressed her appreciation to the Board of County Commissioners for their support and recognition of Foster Care programs and then introduced two (2) Weld County foster care families. Christine Mann, Weld County foster parent, expressed her appreciation to the Department of Human Services for supporting her when she takes in children who need a safe and temporary family housing situation and for being available to offer assistance at any time. She explained she has been available for emergency placement of children and respite care for other families. She stated Foster Care Services has a far reaching effect on the entire County. Ms. Mann implored those in attendance to spend the month of May encouraging and offering support to foster families. Toy Edwards, Department of Human Minutes, Wednesday, May 1, 2019 Page 1 2019-1709 BC0016 Services, introduced herself and the Korby family. a Stephanie Korby, foster parent, expressed her appreciation to the Board and stated they currently have seven (7) children and she appreciates the support received from the Department of Human Services. Trent Korby, foster parent, expressed his appreciation to the County for the support received and stated it has been both very trying and rewarding period in his life. Commissioner James stated he and his wife were foster parents with the intention to adopt and he can't fathom how families take in a child and love them unconditionally, knowing that they will be returned to their families. Each Commissioner, in turn, thanked foster families for stepping up and taking the initiative to make a positive impact on children and their families. They also recognized the Department of Human Services for what they do to nurture and support foster families. (Clerk's Note: The Board paused the meeting for a photo opportunity.) • PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #B1900084, COUNTY ROAD 15 TOWER UPGRADE - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, stated staff recommends awarding to the sole bidder, Classic Contractors, for the total amount of $209,576.00. In response to Commissioner Conway, Mr. Turf stated the bid meets specifications. Toby Taylor, Director of the Department of Buildings and Grounds, stated this project was sent to bid twice and the first time, no bids were received, Commissioner Conway moved to approve said bid. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 2) APPROVE BID #61900088, SIDE DUMP TRAILER - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the five (5) bids received and stated staff recommends awarding to the lowest bidder to meet specifications, Utility Trailer Sales of Colorado, for the total amount of $47,995.00. Commissioner' Moreno moved to approve said bid. Seconded by Commissioner James, the motion carried unanimously.', 3) APPROVE BID #B1900082, CISCO MAINTENANCE — DEPARTMENT OF INFORMATION, TECHNOLOGY: Aleksei Churyk, Department of Information Technology, reviewed the eight (8) bids received and stated staff recommends awarding to the lowest bidder meeting specifications, Insight Public Sector, Inc., for the amount of $178,619.96. Commissioner James moved to approve said low bid. Seconded by Commissioner Moreno, the motion carried unanimously. e 4) APPROVE BID #B1900091, NIGHT VISION AND ILLUMINATOR (QTY. 10) - SHERIFF'S OFFICE: Mr. Turf reviewed the six (6) bids received and stated staff recommends awarding to the low bidder, Mile High Shooting Accessories, for the total amount of $49,130.00. Commissioner Moreno moved to approve said bid. Seconded by Commissioner Conway, the motion carried unanimously. NEW BUSINESS: • 1) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR WELD COUNTY DRUG TASK FORCE AND AUTHORIZE CHAIR TO SIGN - GREELEY POLICE DEPARTMENT AND EVANS POLICE DEPARTMENT: Alan Caldwell, Sheriffs Office, presented the details of the intergovernmental agreement between Weld County, and the Cities of Evans and Greeley, for the future management of the Drug Task Force. He explained this will result in a distribution of the Federal Equitable Share Funds to Weld County to be used by law enforcement. Commissioner Conway moved to approve said intergovernmental agreement and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. Minutes, Wednesday, May 1, 2019 Page 2 2019-1709 BC0016 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBERS R8948732 AND R8948733 - PEAKVIEW TRAILS, LLLP: Brenda Dones, Assessor, explained the subject property is a four (4) story apartment complex for affordable senior housing. She discussed the Board needs to determine if the property is taxable or tax exempt, in accordance with Colorado Revised Statute §29-4-227. She explained since the Greeley Housing Authority has a .01% ownership interest in the property, it means the property is exempt and the entire property is rent restricted. Ms. Dones explained the property meets the requirements for tax exemption and staff is recommending approval of the abatement, which will result in a tax refund of $12,701.97, for tax year 2018. Commissioner Moreno confirmed the property will be exempt, so there will be a refund of tax. Commissioner Conway confirmed the property is 100% rent restricted. Commissioner Conway moved to approve said petition for refund of taxes. The motion, which was seconded by Commissioner Moreno, carried unanimously. In response to Commissioner Conway, Ms. Dones stated this property is exempt until the property is sold. 3) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED A NOTICE OF INTENT TO DESIGNATE THE UNINCORPORATED AREA OF WELD COUNTY, COLORADO, AS A MINERAL (OIL AND GAS) RESOURCE AREA OF STATE INTEREST PURSUANT TO C.R.S. §24-65.1- 202(1), AND SETTING OF A PUBLIC HEARING REGARDING SUCH DESIGNATION: Bruce Barker,, County Attorney, explained Section 1 of SB-181 specifically repealed a section of the Colorado statute, that prohibited local governments from designating oil and gas as an area of State Interest. Mr. Baker stated the general assembly, in 1974, felt it was important for there to be local control instead of State -driven control. He suggested the Board will need to have a designation hearing to designate the'. unincorporated areas of Weld County as a mineral resource area of State Interest for the purpose of oil and gas. He stated the hearing needs to be noticed to the public between 30 and 60 days prior to the', hearing. He presented the Resolution setting the hearing for June 10, 2019 and directing the Clerk to the. Board to publish the notice on May 8. He further explained the Board will look at regulations at that hearing and then, if approved, the process will be like a Code change and will need a three (3) reading process. Mr. Barker recommended the first reading be done immediately following the designation hearing on June 10, 2019. In response to Commissioner James, Tom Parko, Director of the Department of Planning Services, stated a luncheon meeting is scheduled with the Planning Commission regarding the designation changes, but will be an informational meeting only. Commissioner Moreno moved to direct that the Clerk to the Board publish the notice of hearing. The motion, which was seconded by Commissioner Conway, carried unanimously. Commissioner Conway announced the Board has just begun the process of giving Weld County local control which will allow the County to have input in regard to the oil and gas policies. He stated he is in support of the Resolution. Commissioner Moreno agreed with the comments made by Commissioner Conway. Chair Pro-Tem Freeman stated there needs to be a way to ensure certainty and stability in the industry. El 4) CONSIDER TEMPORARY CLOSURE OF CR 60.5 BETWEEN CRS 47 AND 49: Amy Mutchie, Department of Public Works, reviewed the details of the closure beginning May 13, 2019, through May 17, 2019, to replace a drainage culvert. She stated since the detour route is paved, no dust control is necessary. Commissioner Conway moved to approve said closure. The motion was seconded by Commissioner James, and it carried unanimously. El 5) CONSIDER TEMPORARY CLOSURE OF CEDAR AVENUE BETWEEN EAST 16TH STREET AND EAST 18TH STREET: Ms. Mutchie presented the closure beginning May 14, 2019, through May 17, 2019, to replace an irrigation culvert. She stated the detour route is paved. Commissioner James moved to approve said closure. The motion was seconded by Commissioner Moreno, and it carried unanimously. Minutes, Wednesday, May 1, 2019 Page 3 2019-1709 BC0016 PLANNING: ii 1) CONSIDER RESUBDIVISION, RES19-0001, TO DIVIDE LOT 22 OF ENCHANTED HILLS SUBDIVISION INTO TWO RESIDENTIAL LOTS - WENDELL AND CHERYL WILTS: Michael Hall, Department of Planning Services, stated this will divide Lot 22 of the Enchanted Hills Subdivision into two (2) residential lots. There is a home located on proposed Lot 1, none on Lot 2, but both lots will include single-family residential homes. He displayed a presentation showing maps and photos of the parcel. He stated a letter from a surrounding property owner expressed concerns with the potential of low-income housing and lowering property values. He stated the Utility Board, on April 11, 2019, unanimously approved of the proposed easement layout. Mr. Hall confirmed there are no covenants or HomeOwners' Association. Mr. Hall stated the Town of Firestone is working with the applicant regarding accesses. In response to Commissioner Conway, Mr. Hall stated the horse shoe shaped driveway will need to be a shared access point for the new lot as requested by the Town of Firestone. a Wendell Wilts, applicant, stated he is working with the Town of Firestone to move the access point. El James Haughian, adjacent property owner, presented his concerns with dividing the property, and asked if it meets the setback requirements for oil and gas production. He stated his family has benefited financially from the active oil site. He believes the site will attract low-income housing in the future and ultimately will reduce the value of his property. He expressed his frustration with the lack of communication from the Wilt's family. Mr. Haughian pointed on the map where his property is located immediately to the south. Mr. Barker explained the State determines the setback requirements, but the County plans to challenge the setback. Mr. Haughian stated there are guarantees that he will continue to receive royalties from that well in the future. Mr. Hall confirmed there would be no impact to the mineral rights by the creation of a new lot. Commissioner Conway stated he agrees with the Department of Planning Services; however, the neighbor has concerns. Commissioner Moreno agreed with comments made with Commissioner Conway, and believed the applicants should have worked with the neighbors to address their concerns: Commissioner James expressed support of the request in accordance with the Code. Mr. Wilts confirmed he agrees with the conditions presented by the Department of Planning Services. Commissioner James moved to approve Resubdivision, RES19-0001. The motion was seconded by Commissioner Moreno, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, Wednesday, May 1, 2019 Page 4 2019-1709 BC0016 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 10:06 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dame& �j.40;eik Weld County Clerk to the Board BY: crefillt Deputy Clerk '4 the Board EXCUSED Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem James Steve Moreno Minutes, Wednesday, May 1, 2019 Page 5 2019-1709 BC0016 ATTENDANCE LIST 6/ ii9 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF "RESID RESIDENCE E SPEAKING - (Y/N ? ... . ) ._ 044,tes 14 k wn 10l$2. City R� IS L a .-kco ,ja e-S.+� i,.t@yw1�1, �.,a.,td Y Wd1\ WI) \f-5 100,-30 c.f i ' %r -en e w tr, Lc9< <-t s , J, icw coe ( d Hello