HomeMy WebLinkAbout20191811.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 13, 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 13, 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 -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 May 8, 2019, as printed. Commissioner Conway seconded the motion, and it
carried unanimously.
• READ ORDINANCE BY AUDIO: Commissioner James moved to read Code Ordinance #2019-07
by audio. The motion was seconded by Commissioner Freeman, and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on May 8, 2019, as follows: 1) USR18-0128 — The Wheeler 2014 Revocable Trust,
c/o Jeremiah Wheeler, 2) USR18-0127 — Claire Scavello, and 3) USR18 0106 — Gary Howard, John and
Diana Howard, and D&C Farms, LLLP, c/o Rocky Mountain Midstream, LLC. Commissioner Moreno
seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
• 1) NATIONAL WELD COUNTY POLICE OFFICERS WEEK - MAY 12-18, 2019, NATIONAL
PEACE OFFICERS MEMORIAL DAY - MAY 15, 2019, AND WELD COUNTY FALLEN OFFICER
MEMORIAL TRIBUTE CEREMONY - MAY 16, 2019: Chair Kirkmeyer read the proclamation for the
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record. Sheriff Steve Reams accepted the award on behalf of the Weld County Sheriff's Office and
expressed his appreciation for the recognition. He further stated this proclamation and Memorial Tribute
Ceremony is a way for citizens to honor the families of the fallen officers who have made the ultimate
sacrifice for their safety and well-being. Sheriff Reams extended an invitation to the Fallen Officers
Memorial event on May 16, 2019. Each Commissioner thanked Sheriff Reams and expressed their
gratitude to the Sheriff's Office and their shared grief over the slain police officers in our community and
beyond. They further recognized this proclamation and memorial as an opportunity to remember those
who risk their lives every day. (Clerk's Note: The Board paused the meeting for a photo opportunity.)
• PUBLIC INPUT: Roger Reed, resident of Greeley, commended the Commissioners for their work
on SB-181. He expressed his concerns regarding the Colorado Oil and Gas Conservation Commission
(COGCC) holding rule -making meetings and requested that Weld County be represented at these
meetings. Chair Kirkmeyer stated there will be representatives at the stakeholder meetings and explained
how the rules will effect the taxing structure. Commissioner Conway thanked Mr. Reed for coming in and
expressing his opinions.
BIDS:
1) PRESENT BID #B1900094, CNG FUEL SITE MAINTENANCE - DEPARTMENT OF FLEET
SERVICES: Rob Turf, Department of Purchasing, reviewed the four (4) bids received and stated staff will
bring back a recommendation on May 29, 2019.
El 2) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN -
(NW1/4 SE1/4, S26, T9N, R66W - 40.0 ACRES): Barbara Connolly, Controller, stated no bids were
received for items #2 through #4. Commissioner Moreno moved to dismiss the oral auction for said oil
and gas lease. The motion was seconded by Commissioner Freeman, and it carried unanimously.
El 3) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN -
(E1/2 SE1/4, S26, T9N, R66W - 80.0 ACRES): Chair Kirkmeyer stated no action is necessary.
Commissioner Conway moved to dismiss the oral auction for said oil and gas lease. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
• 4) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN -
(E1/2 SE1/4, S24, T8N, R66W - 80.0 ACRES): Commissioner James moved to dismiss the oral auction
for said oil and gas lease. Seconded by Commissioner Conway, the motion carried unanimously. In
response to Commissioner Conway, Ms. Connolly stated they have not been in contact with the parties
who nominated the parcels.
NEW BUSINESS:
• 1) CONSIDER SPECIAL EVENTS PERMIT AND AUTHORIZE CHAIR TO SIGN - ALLEGIANCE
RANCH AND EQUINE RESCUE, INC.: Bob Choate, Assistant County Attorney, reviewed the details of
the application for an event, Heros and Horses Hoedown, hosted by the Allegiance Ranch and Equine
Rescue, Inc., on June 10, 2019. = Gloria Timmons, applicant, explained the purpose of the event is
to rescue at -risk horses and to provide therapy and support to first -responders and veterans, and their
families. In response to Commissioner Conway, Ms. Timmons stated equine therapy is very effective.
Commissioner James moved to approve said permit and authorize the Chair to sign. The motion, which
was seconded by Commissioner Conway, carried unanimously.
CI 2) CONSIDER AGREEMENT FOR TRANSFER OF ENTITLEMENTS FROM GREELEY-WELD
COUNTY AIRPORT TO WRAY MUNICIPAL AIRPORT AND AUTHORIZE CHAIR TO SIGN: Cooper
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Anderson, Director of the Greeley -Weld County Airport, reviewed the terms of the agreement for transfer
of entitlements to the Wray Municipal Airport. He stated the funds are discretionary and the Greeley -Weld
County Airport will transfer $150,000.00. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
• 3) CONSIDER COURT SECURITY GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN
ELECTRONICALLY: Toby Taylor, Director of the Department of Buildings and Grounds, presented the
application for metal detectors to be used in the court complex which includes on -going maintenance for
the video conferencing equipment. Commissioner Moreno moved to approve said application and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
• 4) CONSIDER AGREEMENT FOR COBRA SERVICES AND AUTHORIZE CHAIR TO SIGN -
AETNA LIFE INSURANCE COMPANY: Patti Russell, Director of the Department of Human Resources,
presented the agreement for COBRA Services with Aetna Life Insurance Company. Commissioner
Moreno moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
• 5) CONSIDER LEASE AGREEMENT FOR FULTON DITCH SHARES AND AUTHORIZE CHAIR
TO SIGN — LLOYD LAND: Clay Kimmi, Department of Public Works, stated this is the annual lease of
Fulton Ditch shares the County previously owned. Last week the Board approved the transfer of
ownership of the shares to the Central Colorado Water Conservancy District (CCWCD); however since
they won't be able to use the water, they requested the County lease the shares. Mr. Kimmi reviewed the
three (3) bids received and stated staff recommends awarding to the highest bidder, Lloyd Land, for the
total amount of $2,100.00 for 28 shares. Commissioner Freeman moved to approve said agreement and
authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried
unanimously.
• 6) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — MICHAEL RINGLE: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried
unanimously.
• 7) CONSIDER CONTRACT ID #2667 AGREEMENT CONCERNING PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO INTERSECTION
AT CRS 34 AND 13 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - BRAD
SIMMERING AND KATHY MONTGOMERY: Tiffane Johnson, Department of Public Works, presented
the agreement for the total amount of $2,500.00. Commissioner Freeman moved to approve said
agreement and authorize Chair to sign all necessary documents. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
8) FIRST READING OF CODE ORDINANCE #2019-07, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 3 HUMAN
RESOURCES, OF THE WELD COUNTY CODE (WORKING RETIREES): Ms. Russell presented the
changes to the Code, which were necessitated from changes requested by the IRS. No public testimony
was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2019-07
on First Reading. Seconded by Commissioner Freeman, the motion carried unanimously.
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PLANNING:
1) CONSIDER SECOND AMENDMENT TO LOCAL GOVERNMENT WAIVER AGREEMENT FOR
MAJOR FACILITY OF A PUBLIC UTILITY 1041 PERMIT APPLICATION AND AUTHORIZE CHAIR TO
SIGN - PUBLIC SERVICE COMPANY OF COLORADO: Mr. Choate presented the second amendment
to the waiver agreement which was approved November 5, 2018, and extended again on January 28,
2019. The case is scheduled to be heard by the Board on May 22, 2019, but the applicants are requesting
a continuance to July 17, 2019, to adequately address the concerns from referrals and public comments.
El In response to Commissioner Coway, Mr. Choate stated he doesn't anticipate the applicants will
continue this matter further, so it will be heard on July 17. Commissioner Freeman clarified if the Board
doesn't contine this matter the Board is required to approve within a certain amount of time, or the
application will be automatically approved. Commissioner James moved to approve said amendment and
authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
2) CONSIDER RESUBDIVISION, RES19-0003, TO DIVIDE LOT 1, BLOCK 1 OF THE FIRST
REPLAT OF INDIANHEAD SUBDIVISION INTO THREE (3) RESIDENTIAL LOTS - STEPHEN AND
CHRISTINE LYDON: Angela Snyder, Department of Planning Services, presented the request to
resubdivide the five (5) acre property to three (3) lots. She stated it was orginally three (3) lots. Ms. Snyder
explained there is an existing home on Lot 1 and Lots 2 and 3 will be single-family residential homes.
Ms. Snyder stated the property is in the Town of Windsor's Coordinated Planning Agreement area, the
Department of Planning Services recommends approval of the resubdivision, and she presented maps
and photos of the property. In response to Chair Kirkmeyer, Ms. Snyder stated the lots will have public
water taps and the Indianhead Subdivision has septic systems which the lots will be able to tap into.
Evan Pinkham, Department of Public Works, stated the area falls under the Municipal Separate Storm
Sewer Services (MS4) area and triggers requirements for drainage. He stated the applicants will need to
submit a final drainage report and Certificate of Compliance stamped and signed by a professional
en• ineer.
Steve Lydon, applicant, explained his desire is to divide the land for his son who wants to build a
house. Sean Lydon, applicant, stated they will not be changing any of the existing drainage and all the
Indianhead Subdivision drainage runs to the retention pond on the southeast side of Hopi Trail; therefore,
he doesn't see the need for a retention pond for the three (3) lots. In response to Commissioner James,
Ms. Snyder stated a legal statement has been recorded which does not include the three (3) lots in the
Indianhead Homeowner's Association. No public testimony was offered concerning this matter. = In
response to Commissioner Conway, Mr. Pinkham stated because this parcel is located in the MS4 area
there are water quality standards and drainage improvements required; therefore, the site does not meet
any exceptions. Sean Lydon stated he submitted a drainage report from AGPROfessionals. Chair
Kirkmeyer stated staff is making sure they are in compliance with the new federal MS4 requirements. In
response to Commissioner Conway, Dawn Anderson, Department of Public Works, stated the MS4 rules
have been in place for a few years, but she was unsure about the year it came into effect. She stated the
applicant will need to have a final drainage report and meet water quality improvements onsite. In
response to Mr. Lydon, Ms. Anderson stated the original narrative which was submitted is not enough for
MS4 regulations today and the parcel can't be grandfathered in. la Mr. Pinkham confirmed Hopi Trial
is a County -maintained roadway. Commissioner Kirkmeyer suggested Condition of Approval #1.D.13
should be changed to state, "Water service must be obtained from a water district". Sean Lydon referred
to Conditions of Approval #1.C.7 and #1.C.8 regarding a shared access. He stated they would be
installing individual driveways to each lot and doesn't want a shared access. Chair Kirkmeyer clarified
there is not a reference to a shared access and the way #1.C.7 and #1.C.8 are written is sufficient.
Ms. Snyder stated the Department of Planning Services requires internal lots inside a subdivision have
direct access to the local road that is part of the subdivision. She stated each home would have a
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driveway. Ms. Snyder stated she will correct the staff memo to show the correct acreage. Commissioner
Moreno moved to approve said resubdivision and authorize the Chair to sign. The motion was seconded
by Commissioner Conway, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2019-07 was approved on First 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 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datictit) jej46; eA
Weld County Clerk to the Board
BY:
D Clerk to th
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Barbara Kirkmeyer/ Chair
Sean
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Steve Moreno
Mike Freeman, Pro -Tern
Minutes, Monday, May 13, 2019
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