HomeMy WebLinkAbout20180638.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 28, 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 28, 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 -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
ki MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of February 26, 2018, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Chair Moreno recognized several individuals who generously supported and
volunteered for the Weld County Foster Families Christmas Parties. Commissioner Kirkmeyer read a list
of individuals, submitted as Exhibit A, and reported the other agencies and individuals were recognized
at a previous meeting for their support to Foster Care in Weld County. Commissioner Cozad stated she
wanted to personally thank the volunteers for their generosity. (Clerk's Note: The Board paused the
meeting for a photo opportunity.)
• Steve Teets, resident of Greeley, announced the City of Greeley is holding their Greeley Food Tax
Rebate Program and distributed some informative brochures. He inquired about having transportation
available for Veterans and disabled individuals to be able to access the cities of Loveland and Fort Collins
for medical treatment. Mr. Teets suggested implementing a RTA plan for transportation solutions.
Commissioner Cozad reported Mr. Teets has addressed the Metropolitan Planning Organization (MPO)
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about the need for transportation and stated she will remind them there is still a need for an RTA plan.
She thanked Mr. Teets for his input to the Board.
BIDS:
1) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(RR ROW W1/2 E112, S8, T7N, R63W - 22.10 ACRES): Barb Connolly, Controller, presented the sole
bid submitted by Aztec Exploration, LLC, for the 22.10 acres, for the total amount of $18,232.50.
Commissioner Kirkmeyer moved to approve said lease and authorize the Chair to sign. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
2) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(LOT 4 IN THE SW1/4 SW1/4, S7, T10N, R61W - 43.25 ACRES): Ms. Connolly presented the sole bid
received from Verdad DJ North, LLC, for 43.25 acres for the total amount of $28,977.50.
Commissioner Freeman moved to approve said lease and authorize the Chair to sign. Seconded by
Commissioner Cozad, the motion carried unanimously.
el 3) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(W1/2 SW1/4, W1/2 E1/2 SW1/4, S2, T7N, R63W - 120 ACRES): Ms. Connolly presented the sole bid
for 120 mineral acres from Aztec Exploration for the total amount of $99,000.00. Commissioner Cozad
moved to approve said lease and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
• 4) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(E1/2, S11, T10N, R61W - 320 ACRES): Ms. Connolly presented the sole bid for 320 mineral acres from
Verdad DJ North, LLC, for the total amount of $320,000.00. Commissioner Freeman moved to approve
said lease and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it
carried unanimously.
• 5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SW1/4, S20, T10N, R60W - 160 ACRES): Ms. Connolly presented the sole bid for 160 mineral acres
from Verdad DJ North, LLC, for the total amount of $107,200.00. Commissioner Cozad moved to approve
said lease and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
• 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SW1/4 SE1/4, S31, Ti N, R68W - 26.68 ACRES): Ms. Connolly conducted an oral auction for the 26.68
mineral acres, between the two (2) highest bidders. Commissioner Freeman moved to approve said lease
to Verdad DJ North, LLC, and authorize the Chair to sign. The motion, which was seconded by
Commissioner Cozad, carried unanimously. (Clerk's Note: subsequent to the hearing this bid was
withdrawn.)
• 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN
(SE1/4 SW1/4, S31, Ti N, R68W - 26.68 ACRES): Ms. Connolly conducted an oral auction between the
two (2) highest bidders. Commissioner Kirkmeyer moved to approve said lease to Verdad North DJ, LLC
and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried
unanimously. (Clerk's Note: subsequent to the hearing this bid was withdrawn.)
El 8) APPROVE BID #61800057, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, reviewed the ten (10) bids received and stated staff
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recommends awarding to the low bidders, Vogel Paint and Wax, for the yellow and white traffic paint and
that the glass bead bid be awarded to Potters Industries. Commissioner Cozad moved to approve said
bid as recommended by staff. Seconded by Commissioner Freeman, the motion carried unanimously.
9) PRESENT BID #61800044, ELECTRONIC MONITORING EQUIPMENT AND OFFENDER
SUPERVISION SERVICES - DEPARTMENT OF JUSTICE SERVICES: Mr. Turf reviewed the five (5)
bids received and stated staff will bring back a recommendation on March 26, 2018.
NEW BUSINESS:
• 1) CONSIDER APPLICATION FOR VICTIMS OF CRIME ACT (VOCA) GRANT FOR VICTIM
ASSISTANCE UNIT AND AUTHORIZE ELECTRONIC SUBMITTAL: Michael Rourke, District Attorney
and JoAnn Holden, District Attorney's Office, presented the grant for $349,997.00, with a $89,384.00
County match, to provide for increases in salaries and benefits for staff members of the Victims Services
Unit. Commissioner Freeman moved to approve said application and authorize electronic submittal. The
motion, which was seconded by Commissioner Cozad, carried unanimously.
• 2) CONSIDER APPLICATION FOR VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT FOR VICTIM WITNESS ASSISTANCE UNIT AND AUTHORIZE CHAIR TO SIGN: Mr. Rourke
presented the grant application for the amount of $140,594.00, with no County match. Commissioner
Cozad moved to approve said application and authorize the Chair to sign. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
3) CONSIDER VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT APPLICATION FOR
VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN: Debbie Calvin, Sheriff's Office, reviewed
the grant application and stated there have been no changes to the amount, since the previous year.
Commissioner Kirkmeyer stated she would like to get additional information to know the exact dollar
amount. Commissioner Cozad moved to approve said application and authorize the Chair to sign. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
• 4) CONSIDER CONTRACT ID #1697 AGREEMENT FOR LAW ENFORCEMENT SERVICES AND
AUTHORIZE CHAIR TO SIGN — TOWN OF MEAD: Jennifer Oftelie, Sheriff's Office, and Steve Reams,
Sheriff, reviewed the limited service contract to provide law enforcement support to the Town of Mead,
until they are able to obtain a new Police Chief. In response to Commissioner Cozad, Mr. Reams stated
there are three (3) officers currently employed and they are planning to hire a new Police Chief.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Cozad, carried unanimously.
• 5) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT, FOR RECX15-0165 - HOMES FOR OUR TROOPS: Dawn Anderson,
Department of Public Works, stated in December, 2017, Homes for Our Troops requested an additional
residential access along County Road 8, to Lot C. She stated in the approval process the Board granted
one shared access to the four (4) lot Recorded Exemption. Ms. Anderson explained as part of the
conditions of the original resolution, there would be no net increase to the access points onto County
Road 8 and there is no site or spacing criteria that needs to be met. She stated Homes for Our Troops is
considering purchasing the lot and requesting a variance to add another access point. Ms. Anderson
advised County Road 19, is an arterial road which is paved and the ADT is 812 with 26% of the vehicles
per day being trucks and County Road 8 is designated as a Local gravel road and the ADT is 176 with
35% of the vehicles per day being trucks.
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Commissioner Kirkmeyer stated the applicant should have to go through the amended USR process
because additional accesses was part of a Recorded Exemption approved with conditions; furthermore,
it was a Recorded Exemption with a shared access point. She expressed her frustration with the lack of
information provided by the previous owner.
Bruce Barker, County Attorney, stated the Board should have included a requirement that the
applicant cannot apply for another access permit, because the applicant has a right to appeal the denial
of the Department of Public Works, according to Section 12-5-130. The Board; however, can decide not
to approve the access permit. Mr. Barker stated there should be a reference added to Chapter 12 stating
it has already been denied in the Recorded Exemption and that they cannot apply for additional accesses.
Mr. Barker explained the appellant is requesting another access point and appealing the denial.
Commissioner Kirkmeyer clarified the appellant is asking the Board to overturn a denial by the
Department of Public Works.
IR Commissioner Cozad stated the main reason the RE was approved, was because all the lots were
to have a shared access and at the time, there was a four to one vote, with Commissioner Kirkmeyer
being opposed.
Michael Hall, Department of Planning Services, stated he spoke with Frank Haug, Assistant County
Attorney, who suggested this matter be brought to the Board to appeal the denial of the Department of
Public Works. He stated in several other instances, applicants have come back later and requested
additional access points. Commissioner Cozad suggested revising the Weld County Code and the
applicants may need to amend their plat.
Commissioner Freeman presented his concerns about the requirements of the Recorded
Exemption, because once it is sold to a different owner, the new owner should be able to come in and
apply for changes to the RE and an Access Permit change.
ID Commissioner Kirkmeyer clarified the discussion isn't about changing the use of the access. She
stated the Board made the decision to not grant the applicant additional accesses. She stated she
supports applicants coming to the Board later and requesting a change to the access, but it is a problem
when applicants are applying for additional accesses after it was denied by the Board.
Mary Wohnrade, representative of Wohnrade Civil Engineers and Homes for Our Troops, stated
there is a disconnect between a developer who wants to subdivide a parcel of land and get an approval
for a Recorded Exemption, sells the lots and in this instance the developer didn't disclose the shared
access agreement to the buyer of Lot A. She expressed Homes for Our Troops would like to purchase
the lot for a severely disabled veteran and would prefer a single access for emergency purposes.
Commissioner Kirkmeyer stated this is on the plat and it becomes a civil matter with the seller of the
property, because he has not followed through with his requirements on the property.
Commissioner Kirkmeyer stated the buyer has created a linear subdivision along County Road 8.
Ms. Wohnrade requested some clarification about applying for additional accesses five (5) to ten
(10) years after the Board approves a Recorded Exemption.
Commissioner Cozad clarified the access for this property is unique becuase the main reason this
RE was approved was because the four (4) lots were going to have a shared access. She stated because
of the land splits, there was some evasion of the County's subdivision regulations to get this RE approved
and the reason she supported the RE was because of the shared access for all four (4) lots.
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Ms. Wohnrade expressed her frustration that the seller had not been forthcoming with potential
buyers about the shared access and the maintenance agreement.
Hank Galbreath, representative of Homes for Our Troops, explained they build homes and donate
them to Veterans. He stated the organization has built 250 special adapted homes. The Veterans choose
where they want to live and they have learned through experiences that it is important to provide the best
access. He explained the access appears to go to lots A, B, C and D, but it isn't clear who is to maintain
this access. He stated a shorter, black top access from the south, would be ideal for the Veteran's home.
• Commissioner Cozad stated she appreciates Mr. Galbreath's efforts and what they are trying to do,
but she can't support the appeal.
• Chair Moreno stated he is unable to support the appeal and believes there needs to be some clean-
up done.
• Commissioner Freeman stated he agrees with his fellow Commissioners and this is an unfortunate
situation, but he doesn't support the appeal. He supports Veterans and believes it is important to assist
them and is extremely sympathetic in this situation.
Commissioner Cozad moved to deny the appeal of the decision of the Department of Public Works.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
Ms. Anderson clarified the motion was to deny the appeal of the Access Permit.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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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 9:57 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datvt) xdias;ii
Weld County Clerk to the Board
APPROVED AS T
County Attorney
Steve Moreno, Chair
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Pro-Tem
EXCUSED
Sean P. Conway
el" O
ulie A. Cozad
Mike Freeman
Minutes, February 28, 2018
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PLAQUE RECIPIENTS
Cornerstone Lending - Rebecca Lorenz
Generations Church - Jildi Gentry
Noodles and Company
Our Lady of the Valley Catholic Church - Barbara and Nancy
Pellegrini Ristorante
PDC Energy - Carol Ricker
Realities for Children - Craig Secher
Roche Constructors
Skin Solutions LLC - Stephanie Hann Walmart - Justin Cromer
Windsor Community Church - Jennifer Coet
ATTENDANCE LIST
DATE: I g
NAME - PLEASE PRINT LEGIBLY
EMAIL
•
ADDRESS
COUNTY OF RESIDENCE
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