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Home My WebLink About20191313.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 3, 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, April 3, 2019, at the hour of 9:00 a.m. =k. 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 - EXCUSED Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of April 1, 2019, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. EI AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. PROCLAMATIONS: 1) DAY OF THE YOUNG CHILD - APRIL 13, 2019: Chair Kirkmeyer read the certificate for the record proclaiming April 13, 2019, as Day of the Young Child. Sheri Hannah Ruh, Director of Promises for Children and United Way of Weld County representatives introduced themselves. Ms. Ruh explained it is the 38th year of hosting the Children's Festival and expressed her appreciation to the Board for their support of the event. She stated the theme for this year's festival is "Grow your Future." Each Commissioner, in turn thanked the representatives from United Way of Weld County to improve the lives of children in local community. Those present stated they appreciate the partnership with the Board to be able to support children and their families of Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) 2) NATIONAL LIBRARY WEEK — APRIL 7-13, 2019: Chair Kirkmeyer read the certificate for the record, recognizing the nation's libraries which support free and open access to literacy programs, books, Minutes, Wednesday, April 3, 2019 Page 1 2019-1313 BC0016 computers, and other resources to help children and adults learn to find, evaluate, and use information they need for jobs, health, housing, education and other needs. Matthew Horft, thanked the Board for recognizing National Library Week. Each Commissioner, in turn, stated they are proud of having the best library District in the United States and believe libraries are important to the citizens of Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) €1,PUBLIC INPUT: Paula Johnson, resident of Eaton, inquired about private property rights, in regard to the Cheyenne Connector project. She stated she would like the Board to consider adding to the Code a way to protect private property rights. She pleaded for protection of private property owners from private for-profit companies and submitted a letter which is included as Exhibit "A". Chair Kirkmeyer explained in the Code, under Chapter 22 is the Comprehensive Plan, there are guiding principles regarding private property rights. Ms. Johnson stated the Cheyenne Connector Pipeline started the condemnation process immediately so there can't be a fair market established. Commissioner Conway thanked Ms. Johnson for presenting the matter and reiterated the Board is in support of private property rights. He encouraged Ms. Johnson to present her concerns to the Legislators as well. • Bill Gillard, resident of Greeley, thanked the Board for the correction to the budget and stated he will meet with Bruce Barker, County Attorney for further clarification on the Public Input definition. He inquired when the work session concerning the videotaping will be rescheduled. Chair Kirkmeyer stated staff will email Mr. Gillard's with the rescheduled work session time. Mr. Gillard stated he would like to get started on it and respect the Commissioners' schedules. Commissioner Freeman stated the Board reschedules work sessions all the time, due to scheduling conflicts. NEW BUSINESS: • 1) CONSIDER FOUR-YEAR PLAN FOR AREA AGENCY ON AGING (TITLE III AND VII) FOR FEDERAL FISCAL YEARS 2020-2023 AND AUTHORIZE CHAIR TO SIGN: Lennie Bottorff, Department of Human Services, presented the Plan for years 2020-2023. Commissioner Conway thanked the Department of Human Services staff for outlining the goals for the next four years in their comprehensive plan. He expressed his appreciation for the work session, stating it was very helpful. Commissioner Conway moved to approve said plan and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 2) CONSIDER SETTLEMENT AGREEMENT AND MUTUAL RELEASE AND AUTHORIZE CHAIR TO SIGN - FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO), INTERSTATE HIGHWAY CONSTRUCTION, INC. (IHC), AND FELSBURG, HOLT AND ULLEVIG (FHU): Bruce Barker, County Attorney, reviewed the settlement agreement regarding three (3) ditch crossings. Mr. Barker stated Farmers Reservoir and Irrigation Company (FRICO) suggested there were items that need to be completed, so Intestate Highway Construction, Inc. (IHC) and Felsburg, Holt and Ullevig (FHU) worked with FRICO and completed the additional work. He explained IHC made a payment to FRICO for $175,000.00. He stated Weld County will submit a complete release for all the entities with the exception of a drainage structure which is on the south side of the intersection of CRs 49 and 50. Mr. Barker stated Don Dunker, and Cameron Parrott, Department of Public Works, have come up with a simple solution to fix this issue. In response to Commissioner Conway, Mr. Barker stated there is a drainage area located on the east side of CR 49 where water would at times go over the road; however, all the water is now going into the Gilmore Ditch and so Public Works' fix will help the solution. Chair Kirkmeyer clarified the water was draining into a natural drainage area, and the County has the same right to the natural drainage area as FRICO. Commissioner Moreno moved to approve said settlement agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. Chair Kirkmeyer thanked Mr. Barker for his work on this settlement agreement. Minutes, Wednesday, April 3, 2019 Page 2 2019-1313 BC0016 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. There being no further business, this meeting was adjourned at 9:40 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datiwt) ' •e1 Weld County Clerk to the Board BY: Deputy Clerk o the B Steve Moreno rbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Minutes, Wednesday, April 3, 2019 Page 3 2019-1313 BC0016 April 3, 2019 Comment for WELD BOCC RE: Private Property Protection It seems we are more frequently having to fight to protect our private property rights from PRIVATE, FOR-PROFIT COMPANIES (Like the Super Slab of 2005 or Cheyenne Connector/Tallgrass currently). I'm wondering is there anything the county can do to help protect us into the future, like the "Right to Farm" act did recently with Cheyenne Connector? Would it be possible to add to the County code a "Private Property Protection Act" —a simple restriction that states something like this: "95% of a project's property must be acquired or secured through voluntary n egotiations, before an entity may exercise, or threaten to exercise, the right of e minent domain ain against any property owner in Weld County." I'm sure there is a better legal way to say it, but the intent would be First, to find the real value of property through honest, open -market negotiation between buyer and seller; and Secondly, based on those voluntarily contracts, to determine fair compensation to owners of the remaining property that would be subject to condemnation through e minent domain. I may be particularly sensitive to this issue since, like many in Weld County, I am a descendent of Volga Germans, sometimes called Germans from Russia. We have a long history of repeatedly starting over with nothing somewhere else, sacrificing and sweating to move from subsistence to prosperity every three to four generations only to have our land and livelihoods forcibly taken by some form of tyranny —aristocracies, governments, revolutionaries or even just the well-meaning. It's not so much that I fear starting over somewhere else with nothing as much as I fear this: Where is that somewhere else? There is nowhere else to start over if America fails. There is no where in the world to flee this time. We MUST preserve our rights right here! America is our last best hope. However, it seems we already cannot rely on our state or federal governments to protect us anymore. It looks like it is up to you. Weld County may be our last best hope. I hope you can help. Thank you. 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