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Home My WebLink About20195135.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MONDAY, DECEMBER 23, 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, December 23, 2019, at the hour of 9:00 a.m. JE 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: Assistant County Attorney, Karin McDougal Clerk to the Board, Esther Gesick Controller, Barbara Connolly • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of December 18, 2019, as printed. Commissioner Conway seconded the motion, and it carried unanimously. , READ ORDINANCE BY AUDIO: Commissioner Conway moved to read Code Ordinance #2019-18 by audio. The motion was seconded by Commissioner Freeman, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on December 18, 2019, as follows: 1) 1 MJUSRI 9-11-1737 — Troy and Judy Hefner, and 2) USR19-0049 — Nathan Trowbridge, and Groves Farms, LLC. Commissioner Conway 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 James seconded the motion, and it carried unanimously. • PUBLIC INPUT: No public input was given. WARRANTS: 1) GENERAL WARRANTS - DECEMBER 20, 2019: Commissioner Freeman moved to approve the General Warrants, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. Minutes, Monday, December 23, 2019 Page 1 2019-5135 BC0016 2) COMMISSIONER WARRANTS - DECEMBER 20, 2019: Commissioner Conway recused himself from voting on this matter. Commissioner Moreno moved to approve the Warrant for Commissioner Conway, as printed, which was seconded by Commissioner James. Upon a roll call vote, the motion carried, with Commissioner Conway recused. ▪ BIDS: 1) APPROVE BID #61900150, LEGAL NEWSPAPER SERVICES - CLERK TO THE BOARD'S OFFICE: Rob Turf, Purchasing Department, stated this request was sent out to eight (8) newspapers and two (2) submitted bids. He reviewed the estimated annual bid totals and stated the apparent low bidder is The Tributary; however, based on issues concerning reliability, transparency and statutory requirements, staff recommended awarding to The Greeley Tribune. In response to Commissioner Conway, Mr. Turf referred to the memorandum prepared by County Attorney, Bruce Barker, and confirmed both newspapers submitted proper bids and are legal publications; however, The Tributary website is not clear where to subscribe and the Legals section is blank. Concerning the matter of reliability, he explained the Legals must be published timely and accurately, with proofs of publication, or the County may be placed in legal jeopardy. Regarding statutory requirements, he noted The Tributary is not currently a member of the Colorado Press Association, which is established for the posting of all legal notices. Responding to Commissioner Moreno, Karin McDougal, Assistant County Attorney, confirmed The Tributary did not submit the Form 3526, which documents general circulation counts. She noted it was specifically requested last year, but not provided this year. Commissioner Conway noted that representatives from each of the newspapers were present and he asked to hear their comments. Commissioner Kirkmeyer requested a work session in January. IPA Bob Grand, The Tributary, stated he would be available to attend the work session and he wished to address some of the concerns expressed by staff. Bryce Jacobson, The Greeley Tribune, stated he would also be available to attend a work session in January. He raised the issue of whether the County is required to establish a legal newspaper prior to January 1, 2020, and there was discussion concerning the legality of the legal newspaper during the interim. Commissioner Freeman moved to continue the matter to December 30, 2019. Commissioner Conway seconded the motion, and it carried unanimously. JR NEW BUSINESS: 1) CONSIDER CONTRACT ID #3235 CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - NEW HOPE PARENTING SOLUTIONS: Jamie Ulrich, Deputy Director of the Department of Human Services, reviewed the terms of the agreement to provide parent coaching and parenting classes. Commissioner James moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. • 2) CONSIDER CONTRACT ID #3226 COOPERATING TEAM MEMBER AGREEMENT AND AUTHORIZE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES TO SIGN - LIFE STORIES CHILD ADVOCACY CENTER: Ms. Ulrich stated this is a non -financial agreement to enhance implementation of coordinated efforts in investigation of child abuse and neglect. Commissioner Freeman moved to approve said agreement and authorize the Deputy Director of the Department of Human Services to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 3) CONSIDER CONTRACT ID #3296 ACCEPTANCE OF STATEMENT OF GRANT AWARD FOR INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE AND AUTHORIZE CHAIR TO SIGN - CITY OF COLORADO SPRINGS POLICE DEPARTMENT: Daren Ford, Director of the Northern Colorado Regional Forensic Laboratory, requested acceptance of the grant award, in the amount of $4,900.00, to purchase software which is necessary for the processing of digital evidence. The motion Minutes, Monday, December 23, 2019 Page 2 2019-5135 BC0016 to accept said grant award and authorize the Chair to sign was made by Commissioner Moreno, seconded by Commissioner Conway, and it carried unanimously. • 4) CONSIDER MEMORANDUM OF AGREEMENT FOR INTEGRATED PUBLIC ALERT AND WARNING SYSTEM AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management, stated this agreement will allow authorized County staff to access the Integrated Public Alert and Warning System (IPAWS) and send out emergency alerts through cell phone service towers. Commissioner Conway moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. • 5) CONSIDER CONTRACT ID #3338 CHANGE ORDER #2 FOR 2019 MATERIAL CRUSHING CONTRACT (BID #B1900037) AND AUTHORIZE CHAIR TO SIGN - PREMIER EARTHWORKS AND INFRASTRUCTURE (PEI): Jeff York, Department of Public Works, requested approval of the Change Order to allow PEI to remove and stockpile overburden material at the Hokestra Pit, and crush an additional 75,000 tons of surface gravel. Commissioner Freeman moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. El 6) CONSIDER CONTRACT ID #3324 EQUIPMENT LEASE AND RENTAL AGREEMENT FOR 2020 DOZER AND AUTHORIZE CHAIR TO SIGN - FOUR RIVERS EQUIPMENT: Mr. York stated the Mining Division requires a three (3) month lease for temporary dozer equipment while the County's D8T dozer is being rebuilt. He stated the necessary funds have been budgeted for the rebuild. Commissioner Conway moved to approve said lease and agreement and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. • 7) CONSIDER CONTRACT ID #3325 EQUIPMENT LEASE AND RENTAL AGREEMENT FOR TWO (2) 40 -TON HAUL TRUCKS AND AUTHORIZE CHAIR TO SIGN - FOUR RIVERS EQUIPMENT: Mr. York stated the Mining Division needs haul trucks to stockpile surface gravel processing and reclamation at the Hokestra, Koskie and Pierce North Pits. He stated the lease/rental amount was included in the 2020 Budget. Commissioner Freeman moved to approve said lease and agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. le 8) CONSIDER TEMPORARY CLOSURE OF CR 120 BETWEEN CRS 83 AND 87: Amy Mutchie, Department of Public Works, stated the closure is scheduled from January 6, through April 10, 2020, for the replacement of Bridge 120/85A. In response to Chair Kirkmeyer, Ms. Mutchie stated the most recent traffic count was taken in 2017, with a daily average of 120 vehicles. Commissioner Conway moved to approve said temporary closure. Commissioner James seconded the motion, and it carried unanimously. ▪ 9) CONSIDER AMENDMENT #1 TO WELD COUNTY 401(K) SAVINGS PLAN AND AUTHORIZE CHAIR TO SIGN: Ms. McDougal stated this amendment is necessary to ensure the County's retirement plan follows the new IRS regulations, which allows easier withdrawals in the event of a hardship. Commissioner Moreno moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. • 10) CONSIDER RESTATED DEFERRED COMPENSATION PLAN AND AUTHORIZE CHAIR TO SIGN: Ms. McDougal explained this restated plan is necessary to ensure the County's 457(P) Plan follows the new IRS regulations concerning hardship withdrawals, safe harbor expenses, and withdrawal for natural disaster. Commissioner Conway moved to approve said restated plan and authorize the Chair to sign. The motion was seconded by Commissioner James, and it carried unanimously. Minutes, Monday, December 23, 2019 Page 3 2019-5135 BC0016 11) CONSIDER MEMORANDUM OF UNDERSTANDING FOR ADULT TREATMENT COURT AND AUTHORIZE CHAIR: Ms. Oftelie requested approval of the MOU, in the amount of $100,000.00, which is consistent with the Budget for the long-standing and successful Adult Treatment Court. Commissioner Conway moved to approve said memorandum of understanding and authorize the Chair to sign, which was seconded by Commissioner Moreno, and it carried unanimously. Fi PLANNING: 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL, REASSIGN IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT, AND ACCEPT REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR14-0068 -TODD KINZLE (FORMERLY LASALLE RENTAL PROPERTY ONE, LLC, C/O HERSCHEL HOLLOWAY): Elizabeth Relford, Department of Public Works, stated the property has been sold to a new owner, therefore, this agreement is necessary to reassign the terms for improvements and road maintenance, and accept replacement collateral. Commissioner Conway moved to approve said cancellation and release, reassignment, and acceptance of collateral, and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 1 2) CONSIDER RELEASE OF PROJECT COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0029 - EXPEDITION WATER SOLUTIONS COLORADO, LLC: Ms. Relford stated the improvements have been inspected and staff recommends release of the project collateral and acceptance of replacement collateral for the warranty period. Commissioner Freeman moved to approve said release of project collateral and acceptance of warranty collateral. Commissioner Conway seconded the motion, and it carried unanimously. El 3) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR LONGS PEAK ESTATES PLANNED UNIT DEVELOPMENT FINAL PLAN, PF-543 - COLSON, INC., C/O MARK BOWMAN: Ms. Relford stated the warranty period has been completed, staff inspected the site, and recommends full release of the collateral. Commissioner Moreno moved to approve said cancellation and release. Commissioner Conway seconded the motion, and it carried unanimously. 4) FIRST READING OF CODE ORDINANCE #2019-18, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26 REGIONAL URBANIZATION AREAS, OF THE WELD COUNTY CODE: Jim Flesher, Department of Planning Services, stated the original changes were reviewed by the Board via a pass around memorandum, and he presented the request for additional changes. No public testimony was offered concerning this matter. Chair Kirkmeyer requested a work session to discuss the additional changes prior to formal adoption. Commissioner James moved to approve Code Ordinance #2019-18 on First Reading, with the revisions as originally presented. Commissioner Moreno seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance 2019-18 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. Minutes, Monday, December 23, 2019 Page 4 2019-5135 BC0016 There being no further business, this meeting was adjourned at 9:37 a.m. ATTEST: die/tad%) .1&:(1 Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS W LD COUNTY, C • LORADO li arbara Kirkmey . , Chair Mike Freeman, Pro -Tern BY: eputy Clerk to the Board Sean P®Conway K. James EXCUSED DATE OF APPROVAL Steve Moreno Minutes, Monday, December 23, 2019 Page 5 2019-5135 BC0016 ATTENDANCE LIST /,�-0?3-19 NAME' -`PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OP RESIDENCE SPEAKING (YIN)? Ni-r 5,e DC<� 2/5Y3 eg. 7' ( �t €'' o v nq, cvh4e go.h,/0,41,,, ‘4,-z6 y ao(q 6-vakd ios' b, 0 i ; k ,75 6li eddy? 14'‘16tot 5d,aw tL,/6/ < O(�Yl ✓1 p- C 1' 1 "A, .101 L, 2 4 U , el vet j (A-113 d 6 G vtit . i---.6e t/j Y Ilot f ttt e. C7Dr1 1 /Lr C.{ t 6 !`,,,c ........ 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