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Home My WebLink About20180537.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 21, 2018 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, February 21, 2018, 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 Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Amanda Petzold Controller, Barbara Connolly • MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of February 14, 2018, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. e READ ORDINANCE BY AUDIO: Commissioner Kirkmeyer moved to read Code Ordinance 2018-02, by audio. Commissioner Freeman seconded the motion, which carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on February 14, 2018, as follows: 1) 1MJUSR17-16-0029 — Reynaldo Bonilla. Commissioner Freeman seconded the motion, which carried unanimously. e AMENDMENTS TO AGENDA: There were no amendments to the agenda. e CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Cozad seconded the motion, and it carried unanimously. e PUBLIC INPUT: Brett Reese, a local church operator and business owner in Greeley, expressed his concerns regarding the eviction process in Weld County. He requested the Board of County Commissioners hold a work session to allow for discussion related to the time period a landlord must give prior to beginning the eviction process. Secondly, Mr. Reese addressed his concern regarding the lack of a church presence within the Weld County Jail. Lastly, he communicated his desire to host a Bible Study at the local half -way house. Commissioner Kirkmeyer suggested a work session with Sheriff Steve Minutes, February 21, 2018 3/( Page 1 2018-0537 BC0016 Reams regarding matters of the jail. She further suggested a separate work session to be scheduled for matters related to the Bible Study and the half -way house. Commissioner Moreno expressed appreciation for the performance of Mr. Reese's family at the Prayer Breakfast on Saturday. BIDS • 1) APPROVE BID B#1800047, SIGN MATERIALS - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, reviewed the ten (10) low bids received and stated staff recommends awarding to the low bidders, as stated in the staff memo. Commissioner Freeman moved to approve said low bids for various items. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 2) PRESENT BID #61800053, BELT BID - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the six (6) bids received and stated staff will bring back a recommendation on March 7, 2018. e 3) PRESENT BID #B1800054, HVAC FILTERS - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf stated staff received six (6) bids, and will review and bring back a recommendation on March 7, 2018. e 4) PRESENT BID #61800040, SCANNING OF HISTORICAL DOCUMENTS FOR WELD COUNTY TREASURER — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, stated staff received four (4) bids, and will review and bring back a recommendation on March 7, 2018. Commissioner Cozad inquired on the logistics and costs of the off - site project. Mr. Rose stated the stipulations regarding the vendor and the transport of said material are outlined in the contract, and he advised all travel expenses are included in the cost of the bid. El 5) PRESENT BID #61800042, WELD COUNTY AERIAL IMAGERY COLLECTIONS — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose stated staff received four (4) bids, and will review and bring back a recommendation on March 7, 2017. e 6) PRESENT BID #B1800061, AXIS CAMERAS — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose stated staff received twelve (12) bids, and will review and bring back a recommendation on March 7, 2017. NEW BUSINESS: El 1) CONSIDER CONTRACT ID #1639 MEMORANDUM OF UNDERSTANDING AMENDMENT FOR THE WORKFORCE DEVELOPMENT BOARD AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN: Karin McDougal, Assistant County Attorney, presented the amendment to the memorandum of understanding on behalf of Judy Griego and the Department of Human Services. She explained the Division of Vocational Rehabilitation has requested a new Memorandum of Understanding to replace an existing Memorandum. Commissioner Cozad moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously • 2) CONSIDER TEMPORARY ASSEMBLY PERMIT — MARTIN AND BERTA GUTIERREZ: Frank Haug, Assistant County Attorney, explained this event has been held annually for seven (7) years. He stated the dates for the event are April 7-8, 2018, or alternatively, the succeeding weekends in Apri, if necessary due to inclement weather. Mr. Haug outlined the details of the event. Martin Gutierrez, applicant, thanked the Commissioners for their consideration. Commissioner Conway thanked Mr. Minutes, February 21, 2018 Page 2 2018-0537 BC0016 Gutierrez for his commitment the past seven (7) years to a successful event with no past complaints. No public input was offered on said matter. Commissioner Conway moved to approve said temporary assembly permit. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 3) CONSIDER GRANT APPLICATION FOR HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP) AND AUTHORIZE CHAIR TO SIGN: Merrie Garner, Office of Emergency Management, stated the grant is for a total budget amount of $120,000.00, and will require a $24,000.00 County match. She advised this is pending state approval, and the grant is due February 28, 2018. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. 4) CONSIDER LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY AND AUTHORIZE CHAIR TO SIGN — WELD FOOD BANK: Toby Taylor, Director of the Department of Buildings and Grounds, reviewed the terms of the agreement for an event on March 3, 2018. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Commissioner Freeman seconded the motion, and it carried unanimously. Commissioner Kirkmeyer proposed a new process in which items like these require approval only from Mr. Taylor, as a standard form agreement, and then the item can be formally approved on the Consent Agenda authorizing Chair signature. The Board agreed. 5) CONSIDER LEASE AMENDMENT (822 7TH STREET, GREELEY) AND AUTHORIZE CHAIR TO SIGN: Mr. Taylor outlined the amendments to the lease agreement made with the Division of Vocational Rehabilitation, and stated staff recommends approval. Commissioner Conway moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. e 6) CONSIDER REAPPOINTMENTS OF TOBY TAYLOR AS VETERANS SERVICE OFFICER: Commissioner Cozad suggested continuing items 6 thru 9 to allow for a work session. Esther Gesick, Clerk to the Board, stated she was approached by staff with concerns regarding term dates and statutory responsibilities. She further advised that the Commissioner's calendars allow for a work session on Monday, which would only require a week-long continuance. Commissioner Cozad moved to continue items #6 thru 9 to February 28, 2018. The motion was seconded by Commissioner Conway, and it carried unanimously. (Clerk's Note: This matter was subsequently considered on February 26, 2018, instead of February 28, 2018.) 7) CONSIDER REAPPOINTMENT OF DEON HARRIS AS ASSISTANT VETERANS SERVICE OFFICER: Continued per discussion on Item #6. 8) CONSIDER APPOINTMENT OF AMBER BARTHEL AS ASSISTANT VETERANS SERVICE OFFICER: Continued per discussion on Item #6. 9) CONSIDER APPOINTMENT OF WENDY BAILEY AS ASSISTANT VETERANS SERVICE OFFICER: Continued per discussion on Item #6. El 10) CONSIDER CHANGE ORDER #4 FOR LAW ADMINISTRATION BUILDING DESIGN -BUILD (BID #61700030) AND AUTHORIZE CHAIR TO SIGN - GROWLING BEAR COMPANY, INC.: Mr. Taylor reviewed the details of the change order, which is to approve a credit of $1,842.00, as a result of a transformer not being needed as part of the remodel. Commissioner Freeman moved to approve said change order, and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Minutes, February 21, 2018 Page 3 2018-0537 BC0016 • 11) CONSIDER CONTRACT ID #1695 AGREEMENT FOR PART-TIME TEMPORARY EMPLOYMENT AND AUTHORIZE CHAIR TO SIGN - MARK THOMAS: Dr. Mark Wallace, Director of the Department of Public Health and Environment, reviewed the employment agreement for the part-time temporary lab services position, and advised the agreement is for a term not to exceed six (6) months and for a budget not to exceed $15,000.00. He advised this is a temporary solution to allow continuance of lab operations. Commissioner Cozad inquired about the labor market for the position. Dr. Wallace advised a highly qualified chemist was selected from the applications submitted, who is to start in about two weeks. He further stated the management position is expected to take more time. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 12) CONSIDER CONTRACT ID #1685 INTERGOVERNMENTAL AGREEMENT FOR GRAVEL ROAD MAINTENANCE AND SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN - TOWN OF KEENESBURG: Jay McDonald, Director of the Department of Public Works, presented the intergovernmental agreement for gravel road maintenance and snow removal of approximately 2.4 miles of section line roadway that Keenesburg has recently annexed. He advised this is maintenance grading only, which falls between a section that Weld County already maintains. He further advised the contract is for the 2018 rates. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 13) CONSIDER CONTRACT ID #1694 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR CERTAIN IMPROVEMENTS TO CR 53 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - THE LOWER LATHAM RESERVOIR COMPANY: Clay Kimmi, Department of Public Works, presented the agreement which is for right-of-way and temporary construction easements, for the total amount of $50,115.00, which is the appraisal amount received from the Lower Latham Reservoir Company. He further advised this is a time -sensitive project, due to the grant funds involved. Commissioner Conway moved to approve said agreement and authorize Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. Each one of the Commissioners thanked Mr. Kimmi for his work on this project. • 14) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR TO SIGN - MATT PETERSON: Commissioner Conway moved to approve said appointment and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 15) CONSIDER REAPPOINTMENTS TO 911 EMERGENCY TELEPHONE SERVICE AUTHORITY BOARD: Commissioner Freeman moved to approve said reappointments. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. e 16) CONSIDER REAPPOINTMENTS TO REGIONAL COMMUNICATIONS ADVISORY BOARD: Commissioner Kirkmeyer moved to approve said reappointments. Seconded by Commissioner Cozad, the motion carried unanimously. e 17) CONSIDER APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD: Commissioner Cozad moved to approve said appointments. The motion was seconded by Commissioner Conway, and it carried unanimously. Minutes, February 21, 2018 Page 4 2018-0537 BC0016 18) CONSIDER APPOINTMENT TO BUILDING TRADES ADVISORY COMMITTEE: Commissioner Conway moved to approve said appointment. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 19) CONSIDER APPOINTMENT TO AREA AGENCY ON AGING ADVISORY BOARD: Commissioner Cozad moved to approve said appointment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 20) CONSIDER BYLAWS FOR UTILITIES COORDINATING ADVISORY COMMITTEE: Tom Parko, Director of the Department of Planning Services, reviewed the changes made to the bylaws due to staffing changes between the Department of Public Works and the Planning Department. He further mentioned both departments are in agreement with the proposed changes. In response to Commissioner Conway, Mr. Parko stated there was not a work session. Commissioner Freeman moved to approve said Bylaws for the Utilties Coordinating Advisory Committee. Seconded by Commissioner Cozad, the motion carried unanimously. El 21) FINAL READING OF CODE ORDINANCE #2018-01, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 12 LICENSES AND PERMITS - ARTICLE VIII - CERTIFICATES OF DESIGNATION, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read Code Ordinance #2018-01, by title only. The motion was seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, read the title for the record. Bob Choate, Assistant County Attorney, presented the procedures put in place to inform applicants how applications for Certificates of Designation will be processed in accordance with state law. He advised there have been no changes since second reading. No public testimony was offered concerning this matter. Commissioner Cozad moved to approve on final reading. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Commissioner Kirkmeyer thanked staff for bringing clarification to the process. PLANNING: • 1) FIRST READING OF CODE ORDINANCE #2018-02, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS (NATIONAL ELECTRICAL CODE), OF THE WELD COUNTY CODE: Jose Gonzalez, Department of Planning Services, presented the proposal to adopt the 2017 National Electrical Code and stated no changes have been made since the worksession held on said matter. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve on first reading. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 2) CONSIDER RESUBDIVISION, RES17-0002, TO EXPAND LOT 2, BLOCK 3 OF SEEMORE HEIGHTS SUBDIVISION TO INCLUDE A METES AND BOUNDS PARCEL TO THE WEST - KEVIN DAVID STUVEL AND MAUREEN PIERCE STUVEL LIVING TRUST, C/O KEVIN DAVID STUVEL AND MAUREEN PIERCE STUVEL, CO -TRUSTEES: Michael Hall, Department of Planning Services, presented the request to consider a Resubdivision redesign. He stated the owners have a metes and bounds lot, and seek to formally acknowledge the combination of the resubdivision and metes and bounds parcel so the applicant can construct an outbuilding. Mr. Hall communicated all processes taken to notify all required parties, and reviewed the details of the slides depicting the property area. He advised staff recommends support of said resubdivision. e Kevin Stuvel, applicant, thanked the Board for their support. e No public testimony was offered concerning this matter. Minutes, February 21, 2018 Page 5 2018-0537 BC0016 • Commissioner Cozad moved to approve the resubdivision with the conditions outlined by staff. The motion was seconded by Commissioner Conway, and it carried unanimously. • 3) CONSIDER CONDITION OF APPROVAL #1.C OF USE BY SPECIAL REVIEW PERMIT, USR17-0043 - CACTUS HILL RANCH COMPANY, C/O SIMON CONTRACTORS, INC.: Kim Ogle, Department of Planning Services, stated USR17-0043 was conditionally approved by the Board and the applicants are here to present their Landscaping Plan to the Board. • Anne Johnson, representative of the applicant with Tetra Tech, presented the comments received pertaining to revisions from the surrounding property owners. She advised three comments for revision were received: 1. The Town of Windsor requested the removal of Staghorn Sumac (which were replaced with additional evergreen), 2. The property owner to the east, K and M Company, indicated the berm in the landscaping was in the power utility easement (which she advised it is not), and 3. The Town of Severance and K and M Company raised concerns about the southern border (which resulted in additional landscaping and a privacy fence). Ms. Johnson reviewed multiple slides depicting the details she presented. • In response to Commissioner Freeman relating to the screening on the south, Ms. Johnson explained the added landscaping and fencing is per the comment received from the surrounding property owner two (2) miles away to the east. • In response to Commissioner Conway, Ms. Johnson stated she met in the field with K and M Company representatives prior to the hearings to listen to any suggestions of mitigation, and she reached out after the hearing to see if there were further comments to be made. Commissioner Conway then addressed the letter submitted by Tom Moore, surrounding property owner, and Ms. Johnson explained the concerns mentioned in the letter have been addressed and proper revisions were made. Commissioner Cozad shared her thoughts regarding the matter and said the landscaping and fencing should suffice in addressing the concerns of said letter. Mr. Ogle stated Development Standard #8 addresses the maintenance responsibilities inquired about in the letter. Mr. Ogle stated, in his opinion, this Plan meets the requirements and mitigates all concerns made prior to this hearing. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve said revised Landscape Plan and deem Condition of Approval #1.C as satisfied. The motion was seconded by Commissioner Cozad, and it carried unanimously. • Commissioner Kirkmeyer thanked Ms. Johnson for including the elevations and working with the surrounding property owners and towns. Commissioner Conway expressed his appreciation for the applicant meeting the minimum requirements, and he further expressed the importance of future positive engagements as a neighbor. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-01 was approved on Final Reading. Code Ordinance #2018-02 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, February 21, 2018 Page 6 2018-0537 BC0016 There being no further business, this meeting was adjourned at 10:19 a.m. BOARD OF COUNTY COMMISSIONERS WEL0UNTY, COLORADO ATTEST: ddritu,O Jdio,vk, Weld County Clerk to the Board BY: DeputyClerk t-iOth Boa Steve Moreno, Chair arbara Kirkmeyef, Pro -Tern z�r Julie A Cozad Mike Freeman cx- Minutes, February 21, 2018 Page 7 2018-0537 BC0016 ATTENDANCE LIST DATE:32/cQ/ NAME - PLEASEPRINTLEGIBLY EMAIL I I ADDRESS COUNTY OF RESIDENCE SPEAKING? (Y/N) .,rir i oh oY1 it. J'viirun& .- ly ftc�, n lob ?y5Yvi gr rr N� 4Y1(N) t GCS gv50 j LlAxI mear Y §��/ IP iv, I b �`'�' r� S�t�a�✓T,C.lrm,Cr ��- 02 /5 �e �s�L �jC .�' 4M-lel Cr1/�a wra. �� tAeo '.�' _/ f 4,1.--(5- a:6,-. vlY o� Ai -ir •f/`` -1 �, ni9,:.‹_//;-, X .i �' r ` Gylc Sri orr 1"."''5 C4'Ew4 6'.pr�K' PA- CW=l�� a�� e . �. g7.,�cr j �-u-C y 4 /'V' �L el, Ict 1till .l�`'i . g, �Yl io,I i �J C Vz? l u..P . 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