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Home My WebLink About20190968.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 6, 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, March 6, 2019, at the hour of 9:00 a.m. el 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 Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly eg MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of February 27, 2019, as printed. Commissioner James seconded the motion, and it carried unanimously. IR CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on February 27, 2019, as follows: 1) USR18-0073 — Mark Sloan, and Evan and Tara Marcellus, and 2) PUDF18-0008 — Colson, Inc., do Mark Bowman. Commissioner Conway seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. eg CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. PRESENTATIONS: • 1) CERTIFICATE OF APPRECIATION, GIRL SCOUTS OF COLORADO TROOP 77931 — ERIE, COLORADO - BLACK ROCK ELEMENTARY: Chair Kirkmeyer read the certificate for record and presented it to the Girl Scout Troop 77931 as recognition for their hard work and dedication to brighten the holidays for Weld County's children in foster and kinship care by filling 400 stockings for their Christmas parties. Heather Walker, Department of Human Services, explained how the girls' dedication to helping others was instrumental in helping 300 foster families have a joyous holiday season. She Minutes, Wednesday, March 6, 2019 Page 1 2019-0968 BC0016 introduced Aberdeen and Kylie, Girl Scouts present to represent their troop. Annie Holtz, resident of Erie, stated she instills the qualities of being a nice neighbor and continues to teach the girls about helping others. She stated she is proud of the girls. Each Commissioner thanked the girls for their hard work and generosity. (Clerk's Note: The Board paused the meeting for a photo opportunity.) NEW BUSINESS: • 1) CONSIDER DECLARING WELD COUNTY TO BE A "SECOND AMENDMENT SANCTUARY COUNTY": Chair Kirkmeyer stated she will use Chair prerogative and move New Business item #1 prior to Public Input. She read the Resolution for the record and expressed the Commissioners' support to defend Second Amendment Rights. Bruce Barker, County Attorney, presented a summary of the representation of the Resolution and stated it upholds the "Right to Bear Arms", which is found in the U.S. Constitution, as well as the Colorado Constitution. He explained the duty of the Sheriff is to enforce laws which are constitutional; however, the Sheriff has to determine which laws he is able to enforce that are constitutional. He stated there are certain sections of House Bill (HB 19-1177) which the Commissioners have deemed unconstitutional.He further explained the Commissioners don't have an obligation to fund anything that they deem to be unconstitutional. Steve Reams, Weld County Sheriff, read a statement for the record, included as an Exhibit, and stated he is grateful to the Board for their consideration of adopting the Resolution to make Weld County a Second Amendment Sanctuary County. He expressed his frustration that this bill does nothing to address mental health, nor the treatment of mental illness. He stated the legislators are ignoring the real issue of mental health. • Kristie Rodriguez, resident of Greeley, thanked Sheriff Reams for standing up for the citizens of Weld County. She thanked the State Legislators who are fighting for citizens' rights. She urged everyone to petition Rochelle Galindo, who is in favor of House Bill 19-1177. Ms. Rodriguez stated the government is trying to disarm citizens and making them criminals without due process. Gary Oplinger, resident of Johnstown, spoke in support of the Commissioners' Resolution for Weld County to become a Second Amendment Sanctuary County and he suggested that Weld County also become a Constitutional Rights Sanctuary. He stated the bill will create a higher legal standard to return a firearm to an owner than it would to confiscate it. Mr. Oplinger stated he would like to see Constitutional Rights be preserved. • Leslie Hollywood, founder and director of Rally for Our Rights, thanked the Commissioners and Sheriff Reams for taking the lead on an important issue and protecting and standing up for the citizens of Weld County. Ms. Hollywood stated law enforcement is being put in a dangerous situation. She also added there is no mental health assessment element to this Bill. • Aubrey Raney -Avers, resident of Greeley, opposed the need for the Second Amendment Sanctuary County. She explained the title of the Resolution is misleading, because the "Second Amendment" Right is not at risk. She stated she fully supports the right to own a gun and would like to ensure the safety of her family and community. • Steve Hall, Weld County resident, stated he is concerned about the safety risk to law enforcement if the Bill is passed. He presented Title 18, Section 2-42, which "makes it a crime for anyone acting under the color of any law to willfully deprave a person of a right or privilege protected by the Constitution or the laws of the United States." He expressed his concern that this Bill will put law enforcement officials in an unnecessary risk. He then submitted his speech as an Exhibit. He thanked the Commissioners for their support. Minutes, Wednesday, March 6, 2019 Page 2 2019-0968 BC0016 Aaron Peterson, resident of Eaton, stated he is proud of the Commissioners for their support. He disagreed with the ability of law enforcement to seize and hold personal property without any proof of guilt, as well as the ability of neighbors and other individuals that can deem a person unstable to have and bear arms. He stated he has concerns about the lack of due process. He questioned who would be the one to make the decision to seize an individual's arms. Bill Gillard, resident of Greeley, stated he would like to thank the nation's fore fathers the Commissioners and Sheriff Reams for standing up for the citizens of Weld County. O2 Haley Marcantonio, resident of Johnstown, thanked the Commissioners and Sheriff Reams for their support of Weld County citizens. Steven Grant, resident of Greeley, thanked the Commissioners and Sheriff Reams for their labor of love and protection of the citizens of Weld County. Brett Abernathy, resident of Greeley, asserted the one overlooked item in the Bill is the requirement of someone being able to take a person's firearms and how this situation will put law enforcement in danger, because they have no idea what they are walking into. He offered his support of a nation-wide gun registry. la Sheriff Reams added he supports many of the comments made by the public and he is proud of the Commissioners for supporting Weld County becoming a Second Amendment Sanctuary County because it worth protecting. • Chair Kirkmeyer, on behalf of the whole Board of Commissioners, extended their appreciation to Sheriff Reams for supporting the residents of Weld County and she stated the Commissioners are proud of Sheriff Reams. Commissioner Conway moved to approve said Resolution, which was seconded by Commissioner Freeman. • In response to Commissioner Conway, Sheriff Reams explained the current law can place a 72 -hour hold on someone who needs mental health treatment. He stated a "professional" must make the determination if the individual would be an imminent risk to the public and because of this the mental health issue needs to be addressed. • Commissioner James stated he swore an oath to support and uphold the United States Constitutional rights. He stated there needs to be a discussion about addressing mental health issues. He feels this Bill will place an extreme risk on law enforcement and it is an infringement on the Second, Fourth and Eighth Amendment rights. Commissioner Conway explained his support of the Resolution, stating the Bill is unconstitutional and does nothing to address the mental health issue in this Country. He believes by violating other constitutional rights it does nothing to address mental health. • Commissioner Freeman stated the Board took an oath to uphold the Constitution. He feels the State Legislature is trying to take away citizens' guns, without addressing mental health. • Commissioner Moreno thanked Sheriff Reams for his support of the Resolution. He stated Senator Cooke stated he is in support of this Resolution and expressed his frustration with law enforcement being able to disarm citizens. Minutes, Wednesday, March 6, 2019 Page 3 2019-0968 BC0016 Chair Kirkmeyer stated officials need to speak up to protect the rights of citizens and she is proud of everyone who is present to voice their opinions. She stated the Resolution needs to be dispersed to every legislature, to the Governor, to the sixty-three (63) Counties in Colorado, and the 32 municipalities that are within Weld County. There being no further discussion, upon a roll call vote, the motion passed unanimously. • PUBLIC INPUT: Amy Cooke, resident of Greeley, thanked Chair Kirkmeyer for her testimony against Senate Bill 19-181. She explained this Bill is designed to slow down industry. Ms. Cooke gave a brief overview of what will happen to Weld County's economy if this Bill is passed. She stated the slowdown of drilling new wells will have a direct impact on Weld County. Ms. Cooke presented some calculations as to the economic hardship Senate Bill 19-181 will create, for example Weld County will lose $199,000,000.00 based on 2018 finances. She expressed that Commissioners should not allow Boulder officials to dictate how Weld County develops its resources. Chair Kirkmeyer reviewed the devastating effects this Bill will have on Colorado's economy and clarified the definition of the moratorium, which states all the rules have to regulated by the Governor. She believes the setback requirement of 1,500 feet from any residence will eliminate oil and gas in Colorado. She reviewed the fiscal impact the Bill will have on Colorado. Commissioner Freeman stated Governor Polis is disingenuous about the Bill because he claims it will not have an impact on Weld County. Commissioner Conway thanked Chair Kirkmeyer and Commissioners Freeman and James, for speaking to Governor Polis and he reminded everyone this Bill has six (6) more hearings. He suggested the Commissioners conduct a work session and pass a resolution. Ms. Cooke stated the fiscal note released stated this Bill will add $3,000,000.00 to the State General Fund. Commissioner Moreno commended Chair Kirkmeyer, Commissioner James and Commissioner Freeman for speaking on behalf of the other Commissioners. for representing the Board. Commissioner James stated he feels the Governor is either ignorant or disingenuous. Chair Kirkmeyer stated the Bill sponsor is a resident from Boulder County and misinformed the assembly that they held an extensive stakeholder meeting. She clarified Weld County, the largest energy producing County in Colorado, was not contacted, nor will any of the other large oil producing Counties in the State. BIDS: Ci 1) BID #61900028 (NO BID RECEIVED), RECYCLED ASPHALT - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, stated staff would like to continue this matter indefinitely to try and find a supplier for the recycled asphalt. Commissioner Conway moved to continue said matter. Seconded by Commissioner Freeman, the motion carried unanimously. • 2) PRESENT BID #61900052, JAIL INMATE STORAGE - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. ki 3) PRESENT BID #B1900053, CUSTODIAL SERVICES (NORTH BUSINESS PARK) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf reviewed the four (4) bids received and stated staff will bring back a recommendation on March 20, 2019. • 4) PRESENT BID #B1900060, JAIL -LOCKER ROOM RENOVATIONS - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf reviewed the five (5) bids received and stated staff will bring back a recommendation on March 20, 2019. Minutes, Wednesday, March 6, 2019 Page 4 2019-0968 BC0016 • 5) PRESENT BID #B1900035, ENFORCEMENT SERVICES (MOWING AND/OR SPRAYING) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the eight (8) bids received and stated staff will bring back a recommendation on March 20, 2019. • 6) PRESENT BID #61900042, CNG 1/2 -TON, FULL SIZE PICKUPS (QTY. 3) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the two (2) bids received and stated staff will bring back a recommendation on March 20, 2019. 7) PRESENT BID #B1900043, CNG 1/2 -TON, FULL SIZE PICKUP - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the two (2) bids received and stated staff will bring back a recommendation on March 20, 2019. • 8) PRESENT BID #B1900044, CNG 3/4 -TON, FULL SIZE PICKUP - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. • 9) PRESENT BID #61900045, CNG 3/4 -TON, FULL SIZE PICKUPS (QTY. 2) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. 10) PRESENT BID #B1900046, CNG 3/4 -TON, FULL SIZE PICKUP - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. • 11) PRESENT BID #61900047, CNG/LNG CONVERSIONS TANDEM AXLE TRUCKS (QTY. 5) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf stated no bids were received and stated staff will bring back a recommendation on March 20, 2019. ka 12) PRESENT BID #61900048, CNG 3/4 -TON PICKUP (TOWN OF GILCREST) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. • 13) PRESENT BID #B1900049, CNG 3/4 -TON FULL SIZE PICKUPS (QTY. 2) (CITY OF FORT LUPTON) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the three (3) bids received and stated staff will bring back a recommendation on March 20, 2019. • 14) PRESENT BID #B1900050, CNG/LNG TRUCK PICKUP (CITY OF FORT LUPTON) - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the two (2) bids received and stated staff will bring back a recommendation on March 20, 2019. Barb Connolly, Controller, stated staff will review each for State pricing of the vehicles when making final decisions. NEW BUSINESS: • 2) CONSIDER STANDARD FORM FOR MEMORANDUM OF UNDERSTANDING REGARDING PROTOCOLS FOR COOPERATION ON CHILD WELFARE NOTIFICATION AND INVESTIGATION REQUIREMENTS BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND VARIOUS LAW ENFORCEMENT AGENCIES AND AUTHORIZE CHAIR TO SIGN ANY MOU CONSISTENT WITH SAID FORM: Karin McDougal, Assistant County Attorney, presented the updated template to be used between the Department of Human Services and law enforcement for Child Welfare Minutes, Wednesday, March 6, 2019 Page 5 2019-0968 BC0016 template to be used between the Department of Human Services and law enforcement for Child Welfare investigations. Commissioner Freeman moved to approve said memorandum of understanding and authorize the Chair to sign. The motion, which was seconded by Commissioner James, carried unanimously. • 3) CONSIDER CONTRACT ID #2369 AGREEMENT FOR RESPITE SERVICES AND AUTHORIZE CHAIR TO SIGN - DAWN KLAUS: Ms. McDougal presented the details of the agreement for Dawn Klaus to provide respite care services not to exceed sixteen (16) hours in a month. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. El 4) CONSIDER CONTRACT ID #2378 AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD WELFARE AND AUTHORIZE CHAIR TO SIGN - DIANE BAIRD, LCSW: Ms. McDougal reviewed the terms of the agreement for Diane Baird to provide professional, education, training, and consultation services at $100.00 per hour. Commissioner James moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. • 5) CONSIDER CONTRACT ID #2385 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - SHAWN AND ANGELA SHULTZABERGER: Ms. McDougal presented the agreement for purchase of foster care services in a foster care home. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. • 6) CONSIDER CONTRACT ID #2386 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - JOEL AND KIRA THORMAN: Ms. McDougal reviewed the terms of the agreement for the purchase of foster care services in a foster care home. Commissioner James moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 7) CONSIDER CONTRACT ID #2412 EXPENDITURE AUTHORIZATION FOR VETERANS SERVICE TO CAREER PROGRAM (VSCP) AND AUTHORIZE CHAIR TO SIGN: Ms. McDougal presented the expenditure authorization to provide funds for the Veterans' Service to Career Program. Commissioner Moreno moved to approve said expenditure authorization and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 8) CONSIDER CONTRACT ID #2414 EXPENDITURE AUTHORIZATION FOR GOVERNOR'S SUMMER JOB HUNT PROGRAM (GSJH) AND AUTHORIZE CHAIR TO SIGN: Ms. McDougal presented the details of the expenditure authorization for the amount of $40,000.00. Commissioner James moved to approve said expenditure authorization and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 9) CONSIDER CONTRACT ID #2472 AMERICORPS EDUCATION AWARD SERVICE LOCATION AGREEMENT AND AUTHORIZE DIRECTOR OF HUMAN SERVICES TO SIGN - COLORADO YOUTH CORPS ASSOCIATION: Ms. McDougal presented the agreement to allow Weld County to enroll 42 AmeriCorps members, ages 17 to 24, to serve specific terms of service. Commissioner James moved to approve said agreement and authorize the Director of Human Services to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. Minutes, Wednesday, March 6, 2019 Page 6 2019-0968 BC0016 • 10) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 69 - WELLS RANCH, LLLP, C/O STEVE WELLS, AND BENJAMIN D. BROWN TRUST, C/O BENJAMIN BROWN: Bob Choate, Assistant County Attorney, presented the petition to vacate a portion of County Road 69 between County Roads 74 and 68. He stated it is a maintained road that is difficult to maintain. Mr. Choate stated the legal description in the Resolution will need to be corrected, presented a photo to show the effected County's rights -of -way, and stated there are no concerns from any of the referrals. He stated there have been multiple vacations in this area; however, the Department of Public Works does not have any concerns with the vacation of the road, because it will become a private road. In response to Chair Kirkmeyer, Mr. Choate explained he will research the exemption of Weld County's mineral rights on the 23 acres. O Ben Brown, petitioner, stated he is in favor of the vacation. He stated it will help the County in the future. eJosh Wells, petitioner, stated the road is bad shape and the fences are falling and there is no purpose for the road. Commissioner Conway moved to amend the legal description in the second Whereas of Resolution. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Conway moved to vacate a portion of County Road 69 as described in the amended Resolution. Seconded by Commissioner Moreno, the motion carried unanimously. Mr. Choate stated the resolution does retain the mineral interests for the County. • 11) CONSIDER CONTRACT ID #2474 AMENDMENT TO REGIONAL COMMUNICATIONS USER AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF SEVERANCE POLICE DEPARTMENT: Mike Wallace, Director of the Department of Public Safety Communications, presented the terms for the wireless radio services and annual maintenance for the Town of Severance Police Department. Commissioner Conway moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 12) CONSIDER APPLICATION FOR SUPPLEMENTAL REIMBURSEMENT FOR PETROLEUM STORAGE TANK REMEDIATION AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of the Department of Buildings and Grounds, reviewed the application for supplemental reimbursement of $8,513.34 to be used for remediation activities. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 13) CONSIDER AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM SERVICES AND AUTHORIZE CHAIR TO SIGN — AETNA BEHAVIORAL HEALTH, LLC: Ms. McDougal presented the terms of the agreement for the Employee Assistance Program Services with Aetna Behavioral Health, LLC. She stated it increases the visits for employees to six (6) per year. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. IR 14) CONSIDER INSTALLATION OF TRAFFIC REGULATORY SIGNS ON CR 52 (49TH STREET) BETWEEN TWO RIVERS PARKWAY AND CR 29.5 (65TH AVENUE): Cameron Parrott, Department of Public Works, presented the request to install 45 mile per hour speed limit signs along County Road 52 between Two Rivers Parkway and County Road 29.5 (65th Avenue). Mr. Parrott stated after visiting the site it does meet the requirements for the 45 mph speed limit signs. Commissioner James moved to approve said installation of traffic regulatory signs. The motion was seconded by Commissioner Moreno, and it carried unanimously. Minutes, Wednesday, March 6, 2019 Page 7 2019-0968 BC0016 • 15) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES SOUTH OF STATE HIGHWAY 119 AT CR 7.5: Mr. Parrott reviewed the details for the need to install "No Parking" signs south of State Highway 119 at County Road 7.5. He stated it will improve safety for the public and law enforcement. Commissioner Conway moved to approve said installation of traffic control devices. Seconded by Commissioner Moreno, the motion carried unanimously. • 16) CONSIDER TEMPORARY CLOSURE OF CR 74 BETWEEN CRS 39 AND 41: Amy Mutchie, Department of Public Works, presented the temporary closure beginning March 11, 2019, through March 15, 2019, for a culvert replacement. She explained magnesium chloride will be used for dust abatement. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner Conway, and it carried unanimously. • 17) CONSIDER TEMPORARY CLOSURE OF CR 35 BETWEEN CRS 70 AND 72: Ms. Mutchie presented the temporary closure beginning March 11, 2019, through March 15, 2019, for a culvert replacement. She stated water will be used for dust abatement. Commissioner James moved to approve said temporary closure. Seconded by Commissioner Conway, the motion 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. There being no further business, this meeting was adjourned at 10:42 a.m. BOARD OF COUNTY COMMISSIONERS W.LD COUNTY, QO,LORADO ATTEST: C��.7.1/4�� Weld County Clerk to the Board BY: Deputy Clerk to e Board Barbara KirkmeyeJr, Chair Mike Freeman, Pro -Tern Minutes, Wednesday, March 6, 2019 Page 8 2019-0968 BC0016 A7NpANCE LIST \.3/1 / q/Ci.L.\) axti-d /172-6,76%- pl NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? Z ` 1 1.1-11,4..>___//1) /4 AN CT mac.. (,�C� = rn \0_p c)� � ...._.• f T\ a L, N 1=,rJ°vJ-J`. 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