HomeMy WebLinkAbout20194823.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 20, 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, November 20, 2019, 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Deputy Clerk to the Board, Chloe A. Rempel
Controller, Barbara Connolly
• MINUTES: Commissioner James moved to approve the minutes of the Board of County
Commissioners meeting of November 18, 2019, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda, as printed.
Commissioner James seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
El PROCLAMATIONS:
1) FRONTIER ACADEMY WOLVERINES DAY, BOYS CROSS COUNTRY - NOVEMBER 20, 2019:
Chair Kirkmeyer read the proclamation for the record. Frontier Academy Boys Cross Country Coach,
Brett Shanklin, described the team's journey to achieving the state championship title, including his
coaching and motivational style, which helped lead the team to success athletically and as individuals.
The members of the Cross Country team introduced themselves and shared what motivated them
throughout the season. Each of the Commissioners, in turn, expressed their pride in the team's
accomplishments, and expressed their excitement for the coming season.
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WARRANTS:
1) GENERAL WARRANTS - NOVEMBER 19, 2019: Commissioner Freeman moved to approve the
General Warrants, as printed. Commissioner James seconded the motion, and it carried unanimously.
• NEW BUSINESS:
1) CONSIDER CONTRACT ID #3112 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE
CHAIR TO SIGN - DAVID AND CASSONDRA WELLS: Jamie Ulrich, Deputy Director of Department of
Human Services, recommended approval of the agreement for a respite care services home located in
Windsor, Colorado. Commissioner Conway moved to approve said agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
l 2) CONSIDER CONTRACT ID #3134 PROMOTING SAFE AND STABLE FAMILIES (PSSF)
PARTNERSHIP PROJECT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CATHOLIC
CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE DENVER, INC., WELD
REGIONAL OFFICE: Ms. Ulrich explained the request is to continue contracting with the provider from
October 1, 2019, through September 30, 2020. The project is a collaborative prevention effort to serve
Weld County families facing homelessness, as well as families at risk of becoming involved in the child
welfare system. Commissioner James moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
3) CONSIDER CONTRACT ID #3148 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - FAMILY TREE, INC.: Ms. Ulrich stated the agreement is for supervised
visitation services for the term of September 1, 2019, through May 31, 2020, at a rate of $65.00 per hour.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
• 4) CONSIDER CONTRACT ID #3156 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - BASELINE ASSOCIATES, INC.: Ms. Ulrich stated the agreement is for
polygraph services for a term from September 1, 2019, through May 31, 2020, at a rate of $250.00 per
polygraph examination episode. In response to Commissioner Conway, Ms. Ulrich confirmed there is not
a cap on the number of episodes provided per client because the services are for sex offender treatments,
and there could be one episode or a need for subsequent episodes. Commissioner James moved to
approve said agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion,
and it carried unanimously.
El 5) CONSIDER CONTRACT ID #3188 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - JEREMY T. SHARP, PHD, LLC, DBA COLORADO CENTER FOR
ASSESSMENT AND COUNSELING: Ms. Ulrich explained the provider will be supplying various mental
health services from October 1, 2019, through May 31, 2020. The motion to approve said agreement and
authorize the Chair to sign, was made by Commissioner Conway, seconded by Commissioner Moreno,
and it carried unanimously.
• 6) CONSIDER CONTRACT ID #3210 EXPENDITURE AUTHORIZATION AND BOARD
DEVELOPMENT WORK PLAN FOR WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
YOUTH (10%) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich explained that the board
development funds will support local Workforce Development Board costs associated with staff support
and meeting expenses for the development of the 2020 local four-year plan, with a period of performance
ranging from September 4, 2019, through June 30, 2020, for an amount not to exceed $42,500.00.
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Commissioner Moreno moved to approve said expenditure authorization and authorize the Chair to sign.
The motion, which was seconded by Commissioner James, carried unanimously.
7) CONSIDER CONTRACT ID #3212 EXPENDITURE AUTHORIZATION AND TRADE
ADJUSTMENT ASSISTANCE (TAA) WORK PLAN FOR CASE MANAGEMENT PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Ulrich specified the Trade Adjustment Assistance (TM) case
management funds, in the amount of $60,462.00, will allow Employment Services of Weld County staff
to provide reemployment and case management services to trade -affected workers receiving
reemployment trade adjustment assistance under the trade act for a period of performance ranging from
October 1, 2019, to September 30, 2021. Commissioner Freeman moved to approve said expenditure
authorization and authorize the Chair to sign. The motion was seconded by Commissioner James, and it
carried unanimously.
8) CONSIDER TEMPORARY CLOSURE OF CR 33 BETWEEN CR 44 AND U.S. HWY 85:
Amy Mutchie, Department of Public Works, provided a request for a temporary road closure, effective
from December 2, 2019, through December 6, 2019, for the replacement of an irrigation culvert, and
noted the detour routes are all paved. Commissioner Freeman moved to approve said temporary closure.
The motion was seconded by Commissioner Conway, and it carried unanimously.
9) CONSIDER TEMPORARY CLOSURE OF CR 28 EAST OF CR 31 TO DEAD END: Ms. Mutchie
presented a temporary road closure request for a period ranging from December 2, 2019, through
December 6, 2019, for the replacement of a drainage culvert. The closure is for a dead-end road and
detour arrangements have been made with all local residents. Commissioner Moreno moved to approve
said temporary closure. Commissioner James seconded the motion, and it carried unanimously.
El 10) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 20 AND 22: Ms. Mutchie
provided a request from Xcel Energy for permission to temporarily close County Road (CR) 19 between
CRs 20 and 22, from December 2, 2019, through December 20, 2019, in order to install a new four -inch
gas service main and to replace an existing 1.75 -inch gas service main that is no longer adequate for the
service area. She clarified the detour route is paved, except one mile of gravel road, which is already
treated with magnesium chloride. She also noted that a previous closure approved on October 16, 2019,
for CR 19 between CRs 22 and 24, is ahead of schedule and will be finished by November 22, 2019.
Commissioner Freeman moved to approve said temporary closure. Seconded by Commissioner Moreno,
the motion carried unanimously.
11) CONSIDER STANDARD TERMS AND CONDITIONS OF ENGAGEMENT AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - LAW OFFICE OF ED FRADO, LLC: Bruce Barker, County Attorney,
presented an agreement engagement letter to have Mr. Frado of the Law Office of Ed Frado, LLC, and
his staff provide legal services for the County's retirement 457(b) Plans and 401k Plans for the Internal
Revenue Service's (IRS) new hardship regulations. He confirmed the rates are standard in the industry
for this type of work, which is estimated to amount to $5,000.00 at job completion. He also stated that
other work specific to the above -mentioned retirement plans in relation to qualified domestic relations
orders is conducted by the Weld County Attorney's Office; therefore, Mr. Frado's services will not need
to be expanded beyond the terms of the agreement. In response to Commissioner Conway, Mr. Barker
confirmed the need for the revisions to the County's current retirement plans resulted from IRS Code
changes. In response to Commissioner Moreno, Mr. Barker stated the project funding amount of
$5,000.00 is an estimate and not a funding limit. The motion to approve said agreement and authorize
the Chair to sign, was made by Commissioner Freeman, seconded by Commissioner Conway, and it
carried unanimously.
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• 12) CONSIDER LOBBYING AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO
LEGISLATIVE SERVICES, LLC, DBA COLORADO LEGISLATIVE STRATEGIES: Chair Kirkmeyer
stated the County Commissioners held a work session regarding this matter, and Don Warden, Director
of Finance and Administration, reviewed the agreement. In response to Commissioner Conway,
Chair Kirkmeyer confirmed the work session was held over a month prior and discussion was held
regarding the contract itself. In response to Commissioner Conway, Mr. Barker noted there was not an
increase in the contract for the coming year. Commissioner Conway requested a work session be
scheduled to discuss the County's overall lobbying costs. Chair Kirkmeyer directed staff to schedule a
work session to this effect. Commissioner Moreno moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
• PLANNING:
1) CONSIDER RECORDED EXEMPTION, RECX19-0060 - PAUL AND CRYSTAL ESH: Diana Aungst,
Department of Planning Services, stated staff is recommending denial of Recorded Exemptions,
RECX19-0060 and RECX19-0061, and requested to present items #1 and #2 under 'Planning' together.
After advisement from Mr. Barker, Chair Kirkmeyer called up item #2 under 'Planning' as well. Ms. Aungst
read her staff report for the record, stating that staff believes the two (2) Recorded Exemptions appear to
be evading subdivision regulations, per Section 24-8-20.A of the Weld County Code. Additionally,
Ms. Aungst stated that pursuant to Section 24-8-40.C.4, access points should be on the adjacent road
with the lowest traffic count which, in this instance, would be County Road (CR) 102 (the gravel road to
the north), but the applicants are requesting an access on CR 100, which is a paved collector status road.
Ms. Aungst stated pursuant to Section 24-8-40.J, the proposal is not consistent with sound land use
planning practices and, furthermore, pursuant to Section 24-8-40.K, the proposal does not lend to orderly
and integrated development, does not promote the health, safety, and welfare of the residents of
Weld County, and does not encourage well -planned subdivisions by establishing adequate standards for
design and improvement. Ms. Aungst explained that the parcel does meet size requirements to apply for
a four -lot Recorded Exemption (RE), but the applications have been referred to the Commissioners to
review the subdivision regulations in relation to said RE applications. Ms. Aungst then presented maps
and photos from her PowerPoint presentation and read her recommendation of denial into the record as
reflected in staff's Comments. In response to Commissioner Conway, Ms. Aungst agreed that any future
RE requests would be administratively reviewed and brought before the Board of Commissioners if they
appear to be evading the Subdivision regulations. Responding to Commissioner Moreno, Ms. Aungst
confirmed staff is recommending the access be on CR 102, as it has the least amount of traffic. In
response to Commissioner Freeman, Ms. Aungst reviewed the requested access locations, as well as
staff's recommendation for shared accesses at alternate locations. In response to Chair Kirkmeyer,
Ms. Aungst explained staffs' review of the proposals and determination for acceptable design.
• Mike McRoberts, Department of Public Works, reviewed the traffic counts for CRs 100 and 102,
with 21 percent truck traffic.
• Paul and Crystal Esh, applicants, were present to answer questions. Mr. Esh shared family
photographs and expressed their appreciation for Weld County and the opportunities it affords. Ms. Esh
stated they have no intention of creating a subdivision, rather, they planned to sell the smaller parcels to
help finance the purchase of the larger parcel to be utilized for cattle grazing pasture. However, the recent
change in staffs' recommendation concerning the appearance of evading the Subdivision regulations has
complicated their financial planning. Mr. Esh displayed a PowerPoint presentation, marked Exhibit A,
reviewed the original design, subsequent layouts, case timeline, and fees. In response to Chair
Kirkmeyer, Mr. Barker stated the Code does not require accesses to be limited to less traveled roads,
and Mr. McRoberts added that in conjunction with the original layout, he had previously agreed to a joint
access from CR 100, as well as a shared access to the north from CR 102.
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• In response to Chair Kirkmeyer, Ms. Aungst reviewed Planning Staffs' review of the applications
and interpretation of what is allowed. Chair Kirkmeyer expressed frustration with the misdirection
provided by staff, and acknowledged that although she would typically vote against a RE resulting in
evasion of the Subdivision regulations and lack of orderly development, in this instance, she would
support the applicant's proposal, with some modification to the design. Mr. Barker stated the applications
before the Board may be granted or denied, and reiterated the purpose of a RE is to create a lot(s), which
does not afford the ability to address orderly development. However, the Board does have the discretion
to move Lot A of RECX19-0160 so all the lots form a cluster or linear formation with a shared access.
El In response to Commissioner Conway, Mr. and Ms. Esh confirmed their intent to establish the new
lots as a means of generating income to maintain and expand their existing agricultural operations, and
reiterated there are no plans to create a subdivision.
,' Bill Garcia, Attorney with Coan, Payton, and Payne, represented the applicants and stated the
location of Lot A was selected due to oil and gas improvements on the site.
• Chair Kirkmeyer referenced Condition of Approval (COA) #1.B which states, "...the applicant shall
attempt to address the concerns... ", and stated that does not mean the applicants are required to pay
the fee; however, she recognized that they have already paid. She further stated there should only be
one access, therefore, COA #2.E should be amended to delete the 's' from 'points' and include the shared
access permit number.
• Tiffnee Lamb, Department of Public Works, clarified she previously issued access permit,
AP19-00371, for the original location of Lot A in the southwest corner of the property from CR 100, and
there is currently no access granted from CR 102 for the cluster of lots. Following discussion, the Board
directed staff to eliminate the existing access and apply the $75 access permit fee towards the issuance
of a new access permit to serve the cluster of lots from CR 100. In response to Chair Kirkmeyer,
Mr. Garcia stated they had an initial concern with the requirement to complete the plat within sixty (60)
days; however, he was assured by the surveyor that they could meet that deadline. The Board agreed
to amend COA #5 and #6 to extend the submittal deadline to one hundred twenty (120) days.
Chair Kirkmeyer proposed COA #2.E be modified to state, "Show and label the agricultural access and
proposed access point to the cluster of Lots A, B and C. Public Works will review the access location as
a part of the plat submittal." She also proposed the following language to be accomplished prior to
recording the plat: "Lots A, B and C shall be in a cluster, with Lot A immediately adjacent to, and south
of Lot B." (Clerk's note: Rather than adding a new COA #2, this language was added as a new COA #1. F).
She also clarified for the applicants that the creation of the new shared access does not prevent them
from utilizing the agricultural access and that both access types should be reflected on the plat.
• Commissioner Conway moved to approve Recorded Exemption, RECX19-0060, based on the
finding that this proposal will keep a productive agricultural property in existence and allow for the
expansion of agricultural operations for future generations to come, along with the Conditions of Approval,
as amended. The motion was seconded by Commissioner Freeman. Commissioner James stated an
issue regarding evasion of the subdivision process is a subjective determination by the Board, and he
does not believe there was any intentional evasion; rather, the applicants were following the guidance
they were given. Chair Kirkmeyer stated the clustering of the lots with a shared access lends to orderly,
integrated and well -planned development, which ensures the health, safety and welfare of Weld County
residents by limiting the proposal to one access from CR 100. There being no further discussion, the
motion carried unanimously.
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le
2) CONSIDER RECORDED EXEMPTION, RECX19-0061 - PAUL AND CRYSTAL ESH:
Chair Kirkmeyer clarified for the record that all of the comments and amendments discussed in the
previous item of business (RECX19-0060) are to be incorporated into the record for RECX19-0061. She
further stated, the same notes will need to be added to the plat, with the exception that the lots have
already been clustered and references to that requirement may be omitted. Regarding the access, the
Board directed staff that the fee that was previously paid will be applied to the access for RECX19-0061,
which will be immediately adjacent to the access for RECX19-0060 and appear as one joint access.
Commissioner Freeman suggested the option to allow a second access from CR 102 to the north, since
there is no concern with traffic counts. Ms. Lamb clarified, based on the direction from the Board, staff
would issue a single permit for the shared access to serve all of the lots, which would be reflected on the
plat for both Recorded Exemptions. In response to Chair Kirkmeyer, Mr. Esh indicated his preference to
access the lots from the south, off of CR 100, and he further confirmed his agreement with the
modifications, as discussed. Chair Kirkmeyer thanked the applicants for their patience working through
this process. She stated normally she would not support adjacent four -lot Recorded Exemptions;
however, in this case, the clustered lots will have a shared access, along with the applicants who have
demonstrated their intent to retain agricultural land in production, working to ensure orderly, integrated
and well -planned development, and promoting the health, safety and welfare of the area.
Commissioner Freeman moved to approve Recorded Exemption, RECX19-0061, for Paul and Crystal
Esh, with the Conditions of Approval, as amended. Seconded by Commissioner James, the motion
carried unanimously.
3) CONSIDER ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD COUNTY
PLANNING COMMISSION FOR STUDY AND RECOMMENDATION, AND SET HEARING DATE FOR
CONSIDERATION - DRY CREEK METROPOLITAN DISTRICT NO. 1: Chair Kirkmeyer noted the
hearing to consider acceptance of the Service Plan for the Dry Creek Metropolitan District No. 1 is
scheduled for January 29, 2020. Commissioner Conway moved to accept the filing of a service plan,
refer said matter to the Weld County Planning Commission for study and recommendation, and set the
hearing date for consideration on January 29, 2020, at 10:00 a.m. The motion, which was seconded by
Commissioner James, 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.
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There being no further business, this meeting was adjourned at 10:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WED COUNTY, C,OI[ORADO
ATTEST: dIttifet) je:41);e1
Weld County Clerk to the Board
BY: £/
eputy Clerk to the Board
arbara Kirkmeyer,, Chair
Mike Freeman, Pro -Tern
roNSO
Sea /• Con ay
K. James
Steve Moreno
Minutes, Wednesday, November 20, 2019
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