HomeMy WebLinkAbout20180389.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 5, 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 5, 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, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 31, 2018, as printed. Commissioner Freeman seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on January 31, 2018, as follows: 1) PUDZ17-0006 — Joseph and Elaine Hoff, and
2) USR17-0063 — Daniel Shepherd. Commissioner Conway seconded the motion, which carried
unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
• 1) RECOGNITION OF SERVICES, EXTENSION ADVISORY COUNCIL - ROBERT GRAND,
STUART GEBAUER, AND DAVID MOORE: Chair Moreno read the certificates for the record,
recognizing Mr. Grand, Mr. Gebauer and Mr. Moore for their voluntary contributions to Weld County.
Each of the Commissioners extended their appreciation to each of the volunteers for their dedication and
time commitment to the residents of the Weld County.
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• 2) RECOGNITION OF SERVICES, AREA AGENCY ON AGING ADVISORY BOARD - JUDY
YAMAGUCHI, WILLIS KULP, WAYNE WAGNER, AND KENNETH HUMPHREY: Chair Moreno read the
certificates for the record, recognizing the four (4) individuals. Eva Jewell, Department of Human
Services, thanked the Board for recognizing the outgoing Board members for their voluntary service.
Sandy Magneuson, Chair of the Area Agency on Aging Advisory Board, thanked the members for their
dedication to the residents of Weld County. Each of the Commissioners extended their appreciation to
them for their outstanding service on behalf of the residents of Weld County.
• PUBLIC INPUT: No public input was given.
BIDS:
1) RECONSIDER BID #B1800031, DOUBLE AXLE TRAILER - DEPARTMENT OF PUBLIC
WORKS (CONT'D FROM 1/24/2018): Rob Turf, Department of Purchasing, presented the five (5) bids
received and stated staff recommends awarding the bid to Power Equipment, the only bidder who met
all the specifications. Mr. Turf explained the Power Equipment bid was inadvertently left off the bid
tabulation. In response to Commissioner Conway, Jay McDonald, Director of the Department of Public
Works, confirmed Wagner Equipment is in Larimer County. Commissioner Conway moved to approve
said bid which meets specifications. The motion was seconded by Commissioner Cozad, and it carried
unanimously.
• 2) PRESENT BID #B1800047, SIGN MATERIAL - DEPARTMENT OF PUBLIC WORKS:
Mr. Turf presented the ten (10) bids received and stated staff will bring back a recommendation on
February 21, 2018.
NEW BUSINESS:
U. 1) CONSIDER AMENDMENT #1 TO AGREEMENT FOR SERVICES (RFP 16-53) FOR MOTOR
VEHICLE SELF-SERVICE KIOSKS AND AUTHORIZE CHAIR TO SIGN - INTELLECTUAL
TECHNOLOGY, INC.: Frank Haug, Assistant County Attorney, presented the modification to the
agreement for the Clerk and Recorder's Office to move a kiosk to The Drives Facility. After further
discussion, it was recommended to continue this matter to allow for a work session and receipt of the
correct form. Commissioner Conway moved to continue said matter to February 12, 2018. Seconded by
Commissioner Cozad, the motion carried unanimously.
la 2) CONSIDER REORGANIZATION OF WELD COUNTY DEPARTMENT OF FLEET SERVICES:
Don Warden, Director of Finance and Administration, explained that the County recently discontinued
outsourcing their fleet services and now that it is in-house, David Springer, Director of Fleet Services,
was hired and tasked with completing an organizational evaluation of the staffing and looking at how to
structure the organization for more efficiency. Each one of the Commissioners stated they agree with the
reorganization recommendation from Mr. Springer and acknowledge that it will bring efficiency to the
Operation. Commissioner Cozad moved to approve said reorganization of the Weld County Department
of Fleet Services. Seconded by Commissioner Freeman, the motion carried unanimously.
IR 3) CONSIDER AGREEMENT FOR RELEASE OF LIABILITY TO HOLD HARMLESS FOR ACCESS
TO WELD COUNTY PROPERTIES TO PERFORM SURVEYING AND ENVIRONMENTAL
EVALUATIONS AND AUTHORIZE CHAIR TO SIGN - SCHOOL DISTRICT RE -3J: Mr. Haug reviewed
the terms for a sewer line and they are checking to see if the new pipe will fit with the existing water pipe.
He reiterated this agreement is only asking permission to enter for purposes of surveying and reviewing
the future design. Each of the Commissioners thanked the County Attorney's Office for working on this
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agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Cozad, the motion carried unanimously.
4) CONSIDER 2017 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR
HIGHWAY USER TAX FUND (HUTF): Evan Pinkham, Department of Public Works, presented the 2017
Highway User Tax Fund Mileage Certification (HUTF) report to the Colorado Department of
Transportation. He reviewed the contents of the report stating there are 739.56 miles of paved roads and
2200.06 miles of gravel roads in the Weld County system. In response to Commissioner Conway,
Mr. Pinkham explained staff reviewed the subdivisions that the County has been maintaining and
removed them from the report. Commissioner Kirkmeyer moved to approve said 2017 Annual Mileage
and Condition Certification Report. The motion was seconded by Commissioner Conway, and it carried
unanimously.
El 5) CONSIDER APPOINTMENT AND REAPPOINTMENT TO EXTENSION ADVISORY COUNCIL:
Commissioner Kirkmeyer moved to approve said appointment and reappointment. Seconded by
Commissioner Cozad, the motion carried unanimously.
• 6) CONSIDER APPOINTMENTS TO HUMAN SERVICES ADVISORY COMMISSION:
Commissioner Cozad moved to approve said appointments. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
7) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO AREA AGENCY ON AGING
ADVISORY BOARD: Commissioner Conway moved to approve said appointment and reappointments.
The motion was seconded by Commissioner Freeman, and it carried unanimously.
• 8) CONSIDER TEMPORARY WAIVERS UNDER SOLID WASTE PROGRAM FOR WASTE TIRE
MONOFILL - CH2E COLORADO, LLC, AND HUDSON TIREVILLE, LLC: (Clerk's Note: the meeting was
paused due to technical difficulties) Ben Frissell, Department of Public Health and Environment,
presented the request for a temporary waiver that CH2E be allowed to process one (1) tire for every two
(2) tires received and for the placement of waste tires into the tire monofill at the rate of half the amount
accepted at the site during calendar year 2018. He outlined the background of the procedures of the
State statute, 3-20-1415 (3). In response to Commissioner Kirkmeyer, Mr. Frissell stated he would have
to look up the statute language to see when it was first established.
• Bruce Barker, County Attorney, explained the technical service is authorized by the State and it is
viewed as a vested right for land use purposes. Commissioner Kirkmeyer stated the site already had a
Certificate of Designation approval, prior to the statute taking place. Mr. Barker explained it is not tied to
the Certificate of Designation but is allowed per State statute; therefore, it is the type of activity the State
will allow. Mr. Frissell reported there is a fund established for the end use of waste tires. The State is
trying to create a market for the waste tires, so the tires are not going into a monofill and there is a
requirement to close all Colorado Monofills by 2024. In response to Commissioner Conway, Mr. Frissell
stated if the waiver isn't approved, it puts CH2E in a bad position. Commissioner Cozad confirmed the
waiver is only for the year 2018, so they will have to come in and apply for a new waiver in 2019. In
response to Commissioner Kirkmeyer, Mr. Frissell stated the original USR-842 was approved, in 1989,
for an above -ground waste tire facility. She stated she wants to ensure the State isn't overreaching and
shutting down a facility that is working.
• Mr. Frissell stated since they are a conjoined recycling center and a tire monofill, therefore, they
must hold the Certificate of Designation, which was approved and signed on October 10, 2017.
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• Mr. Frissell stated the current amended Use by Special Review Permit, 7MUSR16-89-842, was
ap roved in 2016 to add a building.
23 Ryder Reddick, Department of Planning Services, stated the last recorded Major Amendment was
recorded on November 30, 2017, just after the Certification of Designation was approved.
• Jamie Kostura, owner of CH2E, explained the Colorado Department of Public Health and
Environment has approved the waiver and he requested the same from the County.
• Commissioner Conway moved to approve said temporary waiver. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
Commissioner Kirkmeyer asked about having language regarding the recurring waiver so the
applicants do not have to return every year after the State approves. Mr. Barker stated for the benefit of
the applicants it would be good to do it on an annual basis.
• Commissioner Kirkmeyer stated her frustration with the State statute and would like to recommend
the Board continue to review this. She stated it is important because Weld County had issues with tires
being dumped illegally and believes the language in the statute will cause the County to have a problem
with illegally dumped tires. Commissioner Cozad stated the tire monofill facilities are important to keep
waste tires out of the barrow ditches within the County.
PLANNING:
• 1) CONSIDER REQUEST FOR PLACEMENT OF THREE (3) TEMPORARY WIND MONITORING
TOWERS, WITH CONDITIONS — LEEWARD RENEWABLE ENERGY, LLC: Chris Gathman,
Department of Planning Services, reviewed the request for wind monitoring towers to be placed on the
parcel. He stated Leeward Renewable Energy, LLC, has leased the property and they will not be placed
on a permanent pad and will have guide wires. He suggested in a similar example, the applicant was
required to provide $5,000.00 for collateral. In response to Commissioner Conway, Mr. Gathman stated
the lease will be for two (2) years and notification has not been provided to the surrounding property
owners. Mr. Barker sent a similar copy of an agreement that the Commissioners approved, in 2010, that
required collateral and removal of the units within six (6) months after the data is collected.. Commissioner
Conway moved to grant request for placement of three (3) temporary wind monitoring towers with
Conditions. It was seconded by Commissioner Freeman. Commissioner Cozad stated the motion needs
to reflect the condition of a similar agreement approved in 2010, will be presented. After further
discussion, it was agreed and the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, February 5, 2018
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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 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
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Weld County Clerk to the Board
Deputy Clerk to the Boa
Steve Moreno, Chair
_0(. C -/ice
Barbara Kirkmeyer, Pfio-Tem
Sean P. Co
J%tie A. ozad
Mike Freeman
Minutes, February 5, 2018
Page 5
2018-0389
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