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Home My WebLink About20182934.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SEPTEMBER 17, 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, September 17, 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 Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of September 12, 2018, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. • AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add Deputy David Clarke to Presentations under Meritorious Service Awards. The motion, which was seconded by Commissioner Conway, carried unanimously. • CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PRESENTATIONS: 1) GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) CERTIFICATE OF ACHIEVEMENT FOR BUDGET PRESENTATION - DONALD WARDEN, DIRECTOR OF FINANCE AND ADMINISTRATION: Chair Moreno read the letter for the record recognizing Don Warden, Director of Finance and Administration, and reported this is Weld County's 39th year receiving this award. Commissioner Kirkmeyer stated the award is for Mr. Warden commitment and meeting the highest standards for budget presentation. Each Commissioner expressed their appreciation to Mr. Warden and all of the departments which contributed to the process. (Clerk's Note: The Board paused the meeting for a photo opportunity.) (Clerk's Note: Sheriff Steve Reams presented the following awards in no particular order.) 1O/ Minutes, September 17, 2018 Page 1 2018-2934 BC0016 2) MERITORIOUS SERVICE AWARD, SHERIFF'S OFFICE - BOB HELLING AND DAVID CLARKE: Sheriff Reams presented the Meritorious Service Award to Bob Helling for his many years volunteering with the Sheriff's Office and thanked him for his selfless service to the residents of Weld County. Sheriff Reams presented the Meritorious Service Award to David Clarke for assisting a woman with medical issues, while he was at lunch. 01 3) LIFE SAVING AWARDS, SHERIFF'S OFFICE - BRIAN HAMMOND, AMY ANDERSON, AND BRANDON ONG: Sheriff Reams presented the Life Saving Award to Brian Hammond and Amy Anderson who were able to aid an inmate who had self-inflicted injures. Sheriff Reams presented the Life Saving Award to Brandon Ong for offering medical assistance to a woman who was severely injured during a domestic dispute. • 4) RIBBON OF MERIT AWARDS, SHERIFF'S OFFICE - SHERRI CARMIN AND ANISSA TROUT: Steve Reams, Sheriff, presented the Ribbon of Merit Awards to Anissa Trout and Sherri Carmin for assisting a suicidal caller. Commissioner Freeman thanked the recipients for their service to Weld County citizens. Commissioner Kirkmeyer thanked Sheriff Reams for presenting the awards at the Board meeting so they can recognize the Officers publicly. Each one of the Commissioners thanked the Deputies' families for their sacrifices. (Clerk's Note: The meeting was paused for a photo opportunity.) (Clerk's Note: Chair Moreno moved item #8 in response to a large public presence.) 8) CONSIDER EXPRESSION OF OPPOSITION FOR PROPOSITION 112 ("SETBACK REQUIREMENT FOR OIL AND GAS DEVELOPMENT"): Bruce Barker, County Attorney, reviewed the background for the proposed ballot item and Chair Moreno read the resolution for the record. la Dave Kulmann, resident of Thornton and representative for SRC Energy, spoke in support of the Commissioners' Resolution and in opposition of Proposition 112. e Gilbert Trujillo, resident of Thornton, stated he works in the oil industry, and strongly opposes Proposition 112, because if it passes, it will affect tax revenues, building booms, and will have other negative effects on Colorado's economy. • Doug Dennison, resident of Windsor, stated he is a proud 3rd generation Colorado native, and presented his stance in opposition of Proposition 112. He expressed his fear of not having enough resources. He reported Weld County needs to drill new wells and complete wells but if the proposal passes there won't be any incentive to replace the old wells. He also encouraged individuals to consider how the oil and gas industry affects their lives and how they benefit from the industry. • Colton Berg, resident of the Town of Severance, expressed his opposition to Proposition 112, on behalf of Noble Energy and his family. He offered support to the Commissioners and implored them to support the oil and gas industry. • Chris McGowen, on behalf of CBC, stated CBC represents all facets of the oil and gas industry and thanked the individuals in the room for supporting the industry and expressed his support of the Commissioners' Resolution opposing Proposition 112. He stated Weld County has a large presence in the energy industry. Minutes, September 17, 2018 Page 2 2018-2934 BC0016 • Ryan Seastrom, representative of COGA, expressed his appreciation to the Commissioners and to Weld County for working and partnering with the oil and gas industry. He stated Proposition 112 will have a negative impact on the County, as well as, the oil and gas industry. • Commissioner Kirkmeyer moved to approve said resolution. The motion, which was seconded by Commissioner Conway, it carried unanimously. • Commissioner Kirkmeyer stated she is proud of having the oil and gas industry in Weld County. She stated during the Flood of 2013, the oil and gas industry assisted Weld County residents, who were displaced by the floods. She stated Proposition 112 is reckless and the County does not need another regulation for oil and gas. Commissioner Conway thanked the individuals that represent the oil and gas industry and stated Proposition 112 is a dumb idea and it will impact the vital services important to the County. He expressed his appreciation to the oil and gas industry for stepping up during the 2013 floods. He expressed his opposition against Proposition 112 and encouraged everyone to speak with their neighbors about the negative effects this will have on them. El Commissioner Freeman stated Proposition 112 will have unintended consequences and because oil and gas are a way of life for Weld County, it will devastate Colorado's economy and they will lose billions of dollars for schools, emergency responders and jobs. Commissioner Cozad concurred and explained Proposition 112 is not based on anything scientific but is a ban on oil and gas. She stated this is about people, family, neighbors and friends and all the individuals representing oil and gas are heroes. She expressed her frustration with the supporters of Proposition 112 and the comments made to retrain oil and gas employees to do different jobs. She stated this will devastate a community like the Town of Milliken. Chair Moreno concurred with his fellow Commissioners and stated this is not about politics. He expressed his frustration with the lack of education about Proposition 112 and agrees with maintaining the quality of life to protect the land, air and water. He offered his support of the Resolution and explained because of the support from the Oil and Gas industry, the construction of CR 49 was possible. Upon a roll call vote, the motion passed unanimously. • (Clerk's Note: Chair Moreno called fora short recess and reconvened the meeting at 10:23 a.m. In order to accommodate the schedule of CDOT representatives, items #13 through 17 were all called up for consideration.) • 13) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 2.5 - DEPARTMENT OF PUBLIC WORKS: Elizabeth Relford, Department of Public Works, presented the five roads which are being vacated and explained there are four (4) located east of U.S. Highway 85 and one (1) County Road (CR) 104, which is to the west. She reviewed the request to the Public Utilities Commission (PUC), from the County, on behalf of Union Pacific Railroad, to close five (5) crossings. She presented the timeline and reported the Colorado Department of Transportation (CDOT) and the Union Pacific Railroad (UPRR) have been negotiating for 12 years; furthermore, the purpose is to ensure the long-term stability and improved safety of the U.S. Highway 85 Corridor. She stated the rights -of -way are under Weld County's jurisdiction and because CDOT doesn't have the authority to close roads, Weld County and CDOT held public meetings regarding the closures. • Johnny Olson, Colorado Department of Transportation representative, explained this is a partnership between CDOT, Weld County and the UPRR. He stated Highway 85 is a system, including the State highway, local roads, and an active rail system. He stated their primary focus is safety of the U.S. Highway 85 corridor and mobility of the communities. He explained UPRR has no ability to expand the railroad. He reported they look at what needs to be done to improve operations and keep the traveling Minutes, September 17, 2018 Page 3 2018-2934 BC0016 public safe. He stated this will be good for Northern Colorado's safety and it will cost more for a continued lease if they keep things as they are now. In response to Commissioner Conway, Ms. Relford explained the PUC has authority over the public crossing of the railroad and the County has authority over the road. Commissioner Conway clarified the PUC can authorize the closure of the road without public comment. In response to Commissioner Conway, Mr. Olson explained CDOT has time commitments to the UPRR, have lost time and want to show UPRR their good faith. Commissioner Kirkmeyer clarified they are in the process of the design. Ms. Relford stated the PUC has a public meeting for CR 2.5 scheduled in October. Mr. Olson stated there might not be any more public hearings, but there could be administrative review. In response to Commissioner Kirkmeyer, Lance Kippin, representative of Union Pacific Railroad, stated UPRR identified key crossings so they selected a 10,000 -foot corridor which would accommodate a stopped train without blocking a crossing. • Ms. Relford presented the petition to vacate CR 2.5 and stated it is located 1,200 feet east of U.S. Highway 85 and is primarily in the railroad right-of-way owned by UPRR. She explained since it is in the City of Brighton, they met with emergency services and the Brighton 27J School District to inform them how their response times would be impacted, and staff received concerns from landowners. • Chad Hall, CDOT representative, addressed the comments regarding CR 2.5 and stated there will be a service road with a gate for emergency personnel to access located on the east side of the tracks, between New Energy Drive and CR 2. Commissioner Cozad confirmed the Greater Brighton Fire District will support the closure if they have the frontage road. El Thomas Deline, representative of Monaghan Farms, Inc., expressed his concern with the closure because it will impact the primary access and the enjoyment and use of his family's property. Mr. Deline explained CR 2.5 is not a well -maintained road and suggests the County improve and maintain the road. He believes if the CR 2.5 crossing is closed, it will increase the emergency response times. He reported he has filed a complaint with Weld County and the PUC about the closure. Bob Choate, Assistant County Attorney, clarified Mr. Deline is referring to the discovery obtained during the PUC and CDOT meeting. Mr. Deline implored the Commissioners to postpone the vote until after the PUC and to obtain more funds to improve roads. Commissioner Conway suggested continuing this matter for a month until after the PUC meeting on October 15, 2018. Mr. Barker clarified convenience is not criteria of determination for the vacation, but the main consideration is to determine if the property will be landlocked and if they have access to a public road. He went on to explain the right-of-way determines if people can get to a public crossing. Mr. Olson explained the vacation must be obtained before this is submitted to the PUC and an agreement must be in place with the County to complete improvements. He stated he wants to work with the public and the County to move forward on improvements and find a solution. Mr. Olson stated the closure of the crossing at CR 2.5 is critical to move forward on this project and there are safety concerns. Mr. Choate reported there is a hearing scheduled in October and it's hard to predict the outcome of the hearing, so the Commissioners should take that in consideration when determining if continuing this matter would be beneficial. • Cliff Lane, resident of the City of Brighton, stated he operates an outdoor storage facility, which stores large equipment and trucks and is located adjacent to the closure. He explained if CR 2.5 is closed, there will be a blind curve which will make it hard for his customers to get to his property and turn around. He stated when CR 2.5 is closed, it will impact his way of life and believes the PUC should take this into Minutes, September 17, 2018 Page 4 2018-2934 BC0016 consideration. He reported April 9th was the first notification he received about the crossing being closed and would request a continuance. Commissioner Cozad stated a train can block CR 2.5 regardless of the closure and would increase emergency times. Ms. Relford explained when they met with emergency services, they preferred to know the crossing is closed. She suggested installing a gate that they can use for their business and looking at improvements for turnarounds. She explained once the Board agrees to move forward, Public Works will continue with the other improvements. el Mr. Deline expressed his frustration with the trains blocking the crossing and stated he has noticed an increase in the length of time the trains block the crossing since the right-of-way process started. Commissioner Cozad stated the railroad has the right to stage their trains and use their railroad right-of- way. Lance Kippen, representative of UPRR, explained the railroad business fluctuates and is in their peak season which goes until the first part of January. Commissioner Kirkmeyer stated the County Road is in the railroad right-of-way and they are trying to work with the railroad and CDOT and she replied the railroad can exercise use of their right-of-way anytime. Mr. Olson stated without the closure they would have to pay a larger lease and it would be unfavorable for Northern Colorado. Commissioner Conway moved to continue said matter to October 22, 2018, which was seconded by Chair Moreno for purpose of discussion. Mr. Choate explained there won't be a decision for approximately 60 days after the hearing. Chair Moreno stated he feels like postponing this matter will not allow the partnership to continue and they need to focus on the U.S. Highway 85 corridor, because this discussion was started several years ago. Commissioner Freeman explained his position on continuing this matter and stated the UPRR can exercise use of their right-of-way anytime. Commissioner Kirkmeyer stated she isn't in support of the continuation and clarified the criteria the PUC looks for when making their decision. Commissioner Conway stated his motion to continue is not to alter the closure of the crossing but to let the public have a voice at the PUC. Upon a roll call vote to authorize the motion to continue, this motion failed four to one with Commissioner Conway in favor. Commissioner Cozad moved to approve the petition and authorize vacation of a portion of CR 2.5 which was seconded by Commissioner Freeman. Mr. Barker clarified the motion made by Commissioner Cozad includes all the findings as stated in the Resolution. Upon a roll call vote, the motion passed four to one with Commissioner Conway opposed. IEJ 14) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 29 - DEPARTMENT OF PUBLIC WORKS: Ms. Relford stated the CR 29 closure is located south of the Town of Gilcrest, east of and adjacent to U.S. Highway 85. She noted there have not been any concerns from the referrals sent. a Commissioner Kirkmeyer moved to approve said vacation of a portion of CR 29. The motion was seconded by Commissioner Freeman, and it carried unanimously. la 15) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CRS 35 AND 46 - DEPARTMENT OF PUBLIC WORKS: Ms. Relford explained the CR 35 and CR 46 right-of-way is located north of the Town of Peckham and southeast of the Town of LaSalle. She displayed a slide labeling the response times for emergency personnel. Kay Bokleman, resident of La Salle, suggested Weld County have a proposal to rework CR 44 and US. Highway 85, because CR 46 is the safest way to access U.S. Highway 85. She requested the closing of CR 46 be delayed until a safer crossing is constructed at CR 44. Ms. Bokleman explained CR 48 is not a good option for a crossing because the road is not well maintained. She expressed her frustration with only receiving three (3) weeks notification of the closing. Commissioner Kirkmeyer clarified the notification of the PUC signage that was posted notifying the public and stated the short notice is unacceptable. In response to Commissioner Kirkmeyer, Mr. Barker stated the Commissioners can Minutes, September 17, 2018 Page 5 2018-2934 BC0016 suggest the right -of -vi a will be vacated only upon substantial improvements of the CR 44 interchange at U.S. Highway 85. PA Commissioner Kirkmeyer presented the language as suggested by Mr. Choate as follows: "by the Board that the portion of right -of way which is described above shall be vacated upon the reconstruction of intersection of CR 44".; however, Commissioner Kirkmeyer suggested adding "upon the substantial completion of the improvements of CR 44", instead of reconstruction. Commissioner Kirkmeyer moved to amend the resolution and add "by the Board that the portion of right-of-way which is described above shall be vacated upon the substantial completion of the improvements of CR 44 and U.S. Highway 85 with such vacation being effective upon subsequent findings by the Board that the improvements have been completed." The motion, which was seconded by Commissioner Conway, carried unanimously. a In response to Commissioner Freeman, Mr. Olson stated they are working toward substantial completion of this intersection, by the year 2022. Commissioner Kirkmeyer moved to approve the amended resolution and findings, which was seconded by Commissioner Conway, and the motion carried unanimously. • 16) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 72 - DEPARTMENT OF PUBLIC WORKS: Ms. Relford stated this right-of-way is located east of and adjacent to U.S. Highway 85 and the area is in the RE -2 School District, the Town of Eaton, Banner Health Ambulance Services, and the Eaton Fire Protection District. • Gregg Carson, Town Manager of Eaton, stated Liberty Oil, Omaha Track and UPRR are working on a large sand operation and currently have use of this crossing. He stated there is a proposal to build two (2) miles of continuous track so trains have a place to sit and won't block the intersections and roads and, because of the increase in truck traffic, he is in favor of the vacation of CR 72. Commissioner Conway stated it is important this long-term project be included on the record. eCommissioner Kirkmeyer moved to authorize vacation of a portion of CR 72. Seconded by Commissioner Cozad, the motion carried unanimously. • 17) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 104 - DEPARTMENT OF PUBLIC WORKS: Ms. Relford reviewed briefly the location of this right-of-way which is west of and adjacent to U.S. Highway 85 and northwest of the Town of Nunn, within the Town of Ault - Highland RE -9 School District, Banner Health Ambulance Services and the Nunn Fire Protection District. She stated this is being vacated to reduce the potential for train/vehicle conflict because there has been an increase in accidents at this crossing. (Clerk's Note: Please click on the next bookmark to continue with public comments on CR 104.) • Krea Sledge, resident of the Town of Nunn, requested the crossing at CR 104 not be closed. She explained because this area is rural, it is different from the other crossings, and it would make it difficult for a first responder who needs to access U.S. Highway 85 by CR 104. She stated rerouting traffic to CR 100 will not be a safer route and she requested the County better maintain CR 100. She expressed her concern with a child getting picked up by the school bus, because it is difficult for the bus to turn around. Ms. Sledge contacted her neighbors after seeing the sign about the closure to see if they had been notified. She stated she wrote a letter to have the closure stopped. Ms. Sledge requested the County maintain CR 27, because the Town of Nunn doesn't currently maintain it. She stated, ideally, she would like to see CR 27 paved from CR 100 to CR 110. She reported she has not seen any accidents occurring at this crossing and noted there are not safety concerns like the other crossings. Ms. Sledge stated the closing of this crossing will impact the residents' daily lives. Minutes, September 17, 2018 Page 6 2018-2934 BC0016 El Jerry Elley, resident of the Town of Nunn, described where his property is located and stated there are accidents there, which occur when vehicles are northbound and come over the bridge, the intersection at CR 104 isn't visible. He implored the Commissioners to close the access. • Charles Crew, resident of the Town of Nunn, stated he is in favor of closing the crossing, but agrees CR 27 will need improvements. • John Sledge, resident of Carr, stated he uses CR 104 consistently when he travels south. He explained the Town of Nunn annexed CR 27 from the County, however; they have not maintained it. He announced he would travel to Cheyenne to conduct his business if this crossing is closed. He expressed he would like the County to enter into an agreement with the Town of Nunn to complete improvements to CR 27 north of CR 100. El Michael Palmer, resident of the Town of Nunn, stated his property is directly north of CR 104 and he will lose access to his property. He requested a driveway off U.S. Highway 85 to access his property. In response to Commissioner Cozad, Ms. Relford stated they recognized the landowner is close to the right-of-way and she confirmed it is in CDOT's jurisdiction. Mr. Olson stated CDOT will work with the landowner to make sure he has access to his property. Mr. Olson stated Mr. Palmer will need to obtain an access permit before he gets a building permit. Mr. Olson stated there is a different access plan on this corridor. In response to Commissioner Conway, Mr. Olson stated Mr. Palmer would need to apply for a Change of Use permit with CDOT. Commissioner Kirkmeyer suggested adding a 6th WHEREAS, stating the Board has given direction to staff to work with CDOT, and the Town of Nunn to pave CR 27 or maintain it. eMr. Olson stated CDOT will work with the County and the Town of Nunn to analyze costs and enter into an Intergovernmental Agreement for paving and improvements to CR 27. • Commissioner Kirkmeyer moved to amend the resolution and add: "Whereas, the Board has directed County staff to work with the Town of Nunn and CDOT to make improvements or maintenance for CR 27 between CR 100 and CR 104,"which was seconded by Commissioner Cozad. Commissioner Kirkmeyer moved to approve the amended Resolution for Petition of Vacation for a Portion of CR 104. Commissioner Cozad seconded the motion and stated she supports the motion as it addresses improving CR 27. Commissioner Kirkmeyer reported there were public meetings in the different municipalities, and announcements in the newspaper and radio to address the closures. Commissioner Kirkmeyer clarified the goal of this is to improve safety along the railway, along the entire U.S. Highway 85 corridor. Commissioner Kirkmeyer stated they started working on the Access Control Plan in 1997. Upon a roll call vote, the motion passed four to one with Commissioner Conway opposed. (Clerk's Note: After calling a brief recess, Chair Moreno reconvened the meeting at 12:57 p.m.) • PUBLIC INPUT: Bill Gillard, resident of Greeley, requested clarification about what constitutes harassment during the Public Input portion of the Board's hearing. Chair Moreno stated he will have the information to Mr. Gillard at the County Commissioner Board meeting on Monday, September 24, 2018. • Duane Leise, resident of Longmont, announced he is running for the District 2 seat for Weld County Commissioner. He referred to Agenda item #9, which is to Consider Reapproval and Confirm Reimbursement of Legal Expenses in the Amount of $12,268.57 Paid to Commissioner Julie Cozad by and Through Weld County Warrant Number 3331998 on March 7, 2018, and expressed his frustration with the timing of the work session. He stated the Commissioners need to do better and raise the bar. He announced there were not enough people involved in the discussion and suggested there needs to be more political party balance within the County Commissioners. NEW BUSINESS: Minutes, September 17, 2018 Page 7 2018-2934 BC0016 • 1) CONSIDER CONTRACT ID #2066 FOURTH AMENDMENT TO DIAGNOSTIC SERVICES AGREEMENT FOR TUBERCULOSIS CONTRACT PROGRAM AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Dr. Mark Wallace, Director of the Department of Public Health and Environment, reviewed the details for the fourth amendment with Banner Health and North Colorado Medical Center, who will provide the technical component of diagnostic imaging and radiology services. He stated they will do two -view chest x-rays for diagnosis of Tuberculosis and cover patients in the Tuberculosis Control program. Commissioner Conway moved to approve said fourth amendment and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 2) CONSIDER CONTRACT ID #2067 TASK ORDER AMENDMENT #1 FOR MATERNAL AND CHILD HEALTH (MCH) PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace stated this task order amendment which has two components; the first focuses on childhood obesity. He reported the obesity rate for children is 10.7 percent in Weld County. He reviewed the second component which focuses on children with special needs and assisting their families obtain services. Commissioner Kirkmeyer moved to approve said Task Order Amendment #1 and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 3) CONSIDER CONTRACT ID #2083 AMENDMENT TO REGIONAL COMMUNICATIONS USER AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY: Mike Wallace, Director of the Department of Public Safety Communications, reviewed the terms of the amendment to the agreement for wireless radio services with the Town of Kersey Police Department. Commissioner Conway moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 4) CONSIDER CONTRACT ID #2084 AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LEASE AND AUTHORIZE CHAIR TO SIGN - WIRELESS SPECIALIST, LLC: Mr. Wallace presented the terms of the monthly lease with Wireless Specialist, LLC, for the Grover Radio Tower Site for a single antenna and a radio box. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. (Clerk's Note: The Board recessed for lunch at 12:57 p.m. and reconvened at 1:37 p.m.) 5) CONSIDER ADDENDUM #23 TO AGREEMENT FOR SERVICES AND ADDENDUM #24 CLAIM PAYMENT FUNDS AND AUTHORIZE CHAIR TO SIGN - COLORADO TECHNICAL SERVICES, INC. (CTSI): Commissioner Cozad moved to approve said Addendum #23 to Agreement for Services and Addendum #24 Claim Payment Funds and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 6) CONSIDER CONTRACT ID #2082 AGREEMENT FOR 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Emergency Management, presented the 2019 Emergency Management Performance Grant for $76,000.00, which is an increase of $11,000.00 from 2017. Commissioner Conway 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 #2088 GRANT CHANGE ORDER FOR HAZMAT PLANNING CONTRACTOR (BID #B1800043) AND AUTHORIZE CHAIR TO SIGN - HEARTLAND CONSULTING Minutes, September 17, 2018 Page 8 2018-2934 BC0016 GROUP, LLC: Mr. Rudisill stated the original contract with Heartland Consulting Group, LLC, is for $60,000.00 and he is requesting a change order for an additional $10,000.00 to cover costs for commodity flow studies, mapping products and continued analysis of chemical facilities. Commissioner Freeman moved to approve said Change Order and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. • 9) CONSIDER REAPPROVAL AND CONFIRM REIMBURSEMENT OF LEGAL EXPENSES IN THE AMOUNT OF $12,268.57 PAID TO COMMISSIONER JULIE COZAD BY AND THROUGH WELD COUNTY WARRANT NUMBER 3331998 ON MARCH 7, 2018: Commissioner Cozad recused herself from the vote. Mr. Barker stated this is to reapprove the Warrants which were on the Consent Agenda, March 7, 2018, and provides the Commissioners the authority to approve the expenses submitted. This was a result of an IEC complaint that was received in April, 2018. In response to Commissioner Conway, Mr. Barker stated because of the IEC complaint, it gives the Board the opportunity to acknowledge this is a reimbursable expense. Commissioner Freeman moved to approve and confirm reimbursement of legal expenses, which was seconded by Commissioner Kirkmeyer. Upon a roll call vote, the motion passed three to one, with Commissioner Conway opposed, and Commissioner Cozad recused. Commissioner Freeman inquired to the reason why Commissioner Conway did not agree with reimbursing Commissioner Cozad's legal fee. Commissioner Conway stated she stated in a hearing she would cover her legal costs. • 10) CONSIDER APPOINTMENT OF MIKE FREEMAN TO HIGH PLAINS LIBRARY DISTRICT NOMINATING COMMITTEE: Commissioner Kirkmeyer moved to approve said appointment. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway expressed his appreciation to Commissioner Freeman for his volunteering on the High Plains Library District. • 11) CONSIDER ITEMIZED LIST OF LEGAL HOLIDAYS DURING CALENDAR YEAR 2019: Commissioner Conway moved to approve said itemized list of legal holidays for calendar year 2019. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 12) CONSIDER TEMPORARY CLOSURE OF CR 25 BETWEEN CR 52 AND STATE HIGHWAY 60: Ms. Relford presented the temporary closure of County Road 25, effective September 24, 2018, through October 12, 2018, for a culvert replacement. She stated water will be used for dust abatement. Commissioner Cozad moved to approve said temporary closure. The motion, which was seconded by Commissioner Freeman, carried unanimously. PLANNING: El 1) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR RECORDED EXEMPTION, RECX18-0075 - ERICA ARNOLD: Dawn Anderson, Department of Public Works, stated the Board approved the two (2) lot Recorded Exemption on August 6, 2018, with the condition that there be only one shared access point. She stated at that hearing the owner was asked if she would agree to one access point to be shared by both lots and she agreed. She reported there are two (2) access points and the access point on Lot A was closed and the remaining access point was to be a shared access located on Lot B. Ms. Anderson briefly summarized the hardship letter, as submitted by the appellant's representative AGPROfessionals, LLC, and presented slides showing the locations of the access approved at the Board's hearing on August 6, 2018. In response to Commissioner Cozad, Michael Hall, Department of Planning Services, confirmed the appellant agreed to a shared access point at the previous hearing. Tim Naylor, representative of AGPROfessionals, LLC, explained the appellant closed the access to the west, and she is now requesting the existing field access be used. He explained the best location for an access is along the property line, but this access would require the other property owner to drive through the appellant's yard. Mr. Naylor Minutes, September 17, 2018 Page 9 2018-2934 BC0016 stated there is a reasonable access available on CR 388. Commissioner Conway clarified the appellant voluntarily gave up an access. Commissioner Kirkmeyer confirmed the appellant is requesting an agricultural access and the Department of Public Works does not deny agricultural accesses. Mr. Naylor stated Ms. Arnold applied for a residential access, but would be willing to have an agricultural access. Ms. Anderson stated the denial was for a residential access and she explained the different criteria staff reviews to approve a residential access. Commissioner Cozad stated for safety reasons Public Works will try to limit access on County roads and the applicant agreed to the shared access. Commissioner Kirkmeyer stated there is an existing agricultural access. Ms. Anderson stated many of the agricultural accesses were not documented until recently. Mr. Naylor confirmed they would like to keep the agricultural access and update the plat to show the approved agricultural access. After further discussion, Mr. Naylor requested the appeal be withdrawn. Mr. Barker stated a resolution needs to be done stating the appellant is withdrawing the appeal. Commissioner Kirkmeyer moved to recognize and accept the withdrawn appeal. Seconded by Commissioner Cozad, the motion carried unanimously. 2) CONSIDER RECORDED EXEMPTION, RECX18-0103 - MICHAEL R. LORDEMANN REVOCABLE TRUST, C/O MICHAEL LORDEMANN, TRUSTEE, AND JULIE LORDEMANN REVOCABLE TRUST, 0/O JULIE LORDEMANN, TRUSTEE: Angela Snyder, Department of Planning Services, presented the request for a two (2) lot Recorded Exemption on Lot A and stated there are other options available for the applicants. In response to Commissioner Kirkmeyer, Ms. Snyder stated the two (2) homes are on Lot A, which is approximately 14 acres, and the applicants obtained a zoning permit to build the second home. Mike Lordemann, applicant, and Robbie Miner, representative of applicant, were present. Mr. Lordemann stated he purchased the property with the intention to split the lot and gift the proposed lot to his daughter. He explained the previous landowner had removed the lot line and he thought he could divide the lot, and obtain a water tap permit for the second home. Ms. Snyder explained the timeline of the other Recorded Exemptions. Mr. Miner commented it made more sense to complete the Recorded Exemption, instead of going through the two -lot Planned Unit Development. He stated they need to split the lots, so the applicant can obtain financing and a water tap for the second dwelling. Commissioner Cozad stated a subdivision has been created and there is no additional impact with the two homes on the one (1) lot. Commissioner Cozad stated she agrees with the Recorded Exemption and the applicants have shown evidence of a hardship. Commissioner Freeman concurred with his fellow Commissioners and stated he supports the Recorded Exemption. aCommissioner Cozad moved to approve said Recorded Exemption. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Cozad stated the hardship is that there are two (2) established homes on the lot and there isn't going to be any additional impacts to the County. 3) FINAL READING OF WELD COUNTY CODE ORDINANCE #2018-03, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 8 PUBLIC WORKS, CHAPTER 23 ZONING, AND CHAPTER 24 SUBDIVISIONS (HISTORIC TOWNSITE), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2018-03 by title only. The motion was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the record. Tom Parko, Director of the Department of Planning Services, presented the changes to the Code, stating it was discussed that all the individual names of the town sites should not be listed; therefore, the names have been removed, but there are no other changes. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve Code Ordinance #2018-03 on Final Reading. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner Conway thanked staff for their hard work on this. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-03 was approved on Final Reading. Minutes, September 17, 2018 Page 10 2018-2934 BC0016 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 2:39 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daifeo ;4i Weld County Clerk to the Board BY uty Clerk to the Board Steve Moreno, Chair EXCUSED DATE OF APPROVAL Barbara Kirkmeyer, Pro-Tem Sean P. Conway lLcu� tie A. 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