HomeMy WebLinkAbout20184141.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 19, 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, December 19, 2018, at the hour of 9:00 a.m.
CE 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- EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
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
MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of December 17, 2018, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: Commissioner Freeman moved to add the following under New
Business: 13) Consider Account Application Form Authorizing Access to IDEMIA Biometric Identification
(Fingerprinting) Results for Liquor License Applicants and authorize Deputy Clerk to the Board to sign.
The motion was seconded by Commissioner Cozad, and it carried unanimously.
ID CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
la PUBLIC INPUT: No public input was given.
BIDS:
Eri 1) APPROVE BID #B1800160, CARBIDE CUTTING BITS (PICKS) - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, reviewed the three (3) qualifying bids received and stated
staff recommends awarding to the second low bidder, 4 Rivers Equipment, who fully meets requirements.
Commissioner Freeman moved to approve said bid. Seconded by Commissioner Cozad, the motion
carried unanimously.
�/ag Minutes, December 19, 2018 2018-4141
Page 1 BC0016
2) APPROVE BID #61800136, CHILD WELFARE, SOUTH COUNTY VISITATION SERVICES -
DEPARTMENT OF HUMAN SERVICES (CONT'D FROM 12/5/2018): Mr. Turf reviewed the four(4) bids
received and stated one bid was not appropriate and the remaining three (3) did not meet specifications;
therefore, staff recommends rejecting the bid. Commissioner Cozad moved to reject said bid. The motion
was seconded by Commissioner Freeman, and it carried unanimously.
3) PRESENT BID #B1800137, CHILD WELFARE, SOUTH QUALIFIED HOME STUDY
PROVIDERS - DEPARTMENT OF HUMAN SERVICES: Mr. Turf presented the sole bid received and
stated staff will bring back a recommendation on January 9, 2019.
NEW BUSINESS:
1) CONSIDER REVISIONS AND ADDITIONS TO SECTIONS 1.000, GENERAL
ADMINISTRATIVE, 2.000 CHILD WELFARE, OF THE DEPARTMENT OF HUMAN SERVICES
OPERATIONS MANUAL: Judy Griego, Director of the Department of Human Services, reviewed the
details of the revisions and additions to the Human Services Operations Manual. Commissioner Freeman
moved to approve said revisions and additions to Sections 1.000 and 2.000. Seconded by
Commissioner Cozad, the motion carried unanimously.
El 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT NUMBER
R3351205 - RHONDDA WELLS: Brenda Dones, Deputy Assessor, presented the petition for the 10,059
square-foot industrial manufacturing building, constructed in 2008, and located in Windsor. She stated
the request is for tax year 2017, and the property was sold during the data collection period, for $124.00
per square foot. Ms. Dones explained the previous owner leased the building back at the rate of $9.00
per square foot triple net. She stated since it is an industrial building staff used the Cost Market and
Income Approach to value the property, but due to the age of the building staff focused on the market
approach and the income approach. Ms. Dones presented the three (3) comparable sales and after
considering all approaches and sales, she requested the Board sustain setting the final value of the
property at $118.00 per square foot for a total value of $1,187,500.00. Rhondda Wells, resident of
Windsor, stated the taxes doubled which resulted in reducing the income amount to help the tenant with
the cost of the lease. Ms. Wells presented Exhibit A. In response to Chair Pro-Tem Kirkmeyer, Ms. Wells
stated the value of her property should be around $1,000,000.00. Ms. Dones stated she recognizes
commercial taxes are high, understands the challenges and will continue to work with commercial
property owners. In response to Commissioner Cozad, Ms. Dones stated they just received the
documentation from Ms. Wells and they look at the total value of a property and allocate it across land
and improvements. She stated she has not had a chance to review the submitted documentation.
Commissioner Cozad stated it could be based on land prices. Commissioner Freeman suggested as the
conditions of the economy change, lease rates will look different and the pressures of high commercial
taxes may cause the property to be reappraised at a different value. Commissioner Freeman moved to
deny said petition for abatement and sustain the value as determined by the Assessor's Office. Seconded
by Commissioner Cozad, the motion carried unanimously.
3) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2019 AND AUTHORIZE
CHAIR PRO-TEM TO SIGN: Chris Woodruff, Assessor, presented the 2019 Certification of Tax Levies
and Revenue report to the State of Colorado which certifies mill levies and the revenues that result from
them. He stated it is part of the process to create the tax roll and deliver it to the Treasurer's Office.
Mr. Woodruff stated the total amount of revenue being generated by property tax for all entities is
$826,933,099.00. Commissioner Cozad moved to certify said tax levies and revenues for 2019 and
authorize the Chair Pro-Tem to sign. The motion, which was seconded by Commissioner Freeman,
carried unanimously.
Minutes, December 19, 2018 2018-4141
Page 2 BC0016
• 4) CONSIDER CONTRACT ID #2323 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
WINDSOR POLICE DEPARTMENT: Mike Wallace, Director of the Department of Public Safety
Communications, presented the terms of the agreement with the Windsor Police Department to provide
wireless radio services and annual maintenance. Commissioner Freeman moved to approve said
amendment and authorize the Chair Pro-Tern to sign. The motion was seconded by Commissioner
Cozad, and it carried unanimously.
U. 5) CONSIDER CONTRACT ID #2310 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
FORT LUPTON FIRE PROTECTION DISTRICT: Mr. Wallace presented the agreement with the Fort
Lupton Fire Protection District for wireless radio services and annual maintenance. Commissioner Cozad
moved to approve said amendment and authorize the Chair Pro-Tern to sign. Seconded by
Commissioner Freeman, the motion carried unanimously.
6) CONSIDER CONTRACT ID #2306 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
UNIVERSITY OF NORTHERN COLORADO POLICE: Mr. Wallace presented the agreement with the
University of Northern Colorado Police to provide wireless radio services and annual maintenance.
Commissioner Freeman moved to approve said amendment and authorize the Chair Pro-Tern to sign.
The motion was seconded by Commissioner Cozad, and it carried unanimously.
• 7) CONSIDER CONTRACT ID #2307 INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE
AND MAINTENANCE OF TIMNATH RADIO TOWER AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
TOWN OF WINDSOR: Mr. Wallace presented the terms of the intergovernmental agreement to create a
partnership for development with the Town of Windsor to share their proportionate cost for $175,901.66
the cost of the Timnath Radio Tower. Commissioner Cozad moved to approve said intergovernmental
agreement and authorize the Chair Pro-Tern to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
8) CONSIDER CONTRACT ID #2308 INTERGOVERNMENTAL AGREEMENT FOR RADIO SITE
AND MAINTENANCE OF TIMNATH RADIO TOWER AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
WINDSOR - SEVERANCE FIRE PROTECTION DISTRICT: Mr. Wallace reviewed the terms of the
intergovernmental agreement to create a partnership for development with the Windsor—Severance Fire
Protection District for the Timnath Radio Tower and share costs in the amount of $175,901.66.
Commissioner Freeman moved to approve said intergovernmental agreement and authorize the Chair
Pro-Tern to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously.
Ei 9) CONSIDER CONTRACT ID #2309 AGREEMENT FOR COMMUNICATIONS SYSTEM AND
SERVICES AND AUTHORIZE CHAIR PRO-TEM TO SIGN ALL NECESSARY DOCUMENTS -
MOTOROLA SOLUTIONS, INC.: Mr. Wallace presented the agreement with Motorola to provide
equipment for the Timnath Radio Site. Commissioner Kirkmeyer requested a work session with Don
Warden to discuss the timeline of when the facility will be constructed and thanked Mr. Wallace for all his
hard work and diligence which will benefit the Town of Windsor. Commissioner Freeman moved to
approve said agreement and authorize the Chair Pro-Tern to sign all necessary documents. The motion,
which was seconded by Commissioner Cozad, carried unanimously.
Minutes, December 19, 2018 2018-4141
Page 3 BC0016
10) CONSIDER CONTRACT ID #2338 LICENSE AGREEMENT FOR THE WATER QUALITY
MONITORING STATION (83RD AVENUE BRIDGE) AND AUTHORIZE CHAIR PRO-TEM TO SIGN -
UNIVERSITY OF NORTHERN COLORADO: Clay Kimmi, Department of Public Works, reviewed the
agreement in which the University of Northern Colorado is requesting the installation of a water quality
stream gage in the County right-of-way. He further stated it would necessary to access the station from
the Poudre Learning Center to collect data. Mr. Kimmi stated the photos included in the agreement show
the size and location of the monitor. Commissioner Cozad moved to approve said license agreement and
authorize the Chair Pro-Tem to sign. Seconded by Commissioner Freeman, the motion carried
unanimously.
U. 11) SECOND READING OF WELD COUNTY CODE ORDINANCE #2018-10, IN THE MATTER
OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, AND
CHAPTER 12 LICENSES AND PERMITS (RIGHT-OF-WAY), OF THE WELD COUNTY CODE:
Commissioner Freeman moved to read Code Ordinance #2018-10 by title only. The motion was
seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, read the
title for the record. Dawn Anderson, Department of Public Works, briefly summarized the six (6)
comments for discussion submitted by the Colorado Oil and Gas Association (COGA). She stated
Patrick Groom, attorney representing the oil and gas industry, submitted a letter expressing concerns
regarding not being able to run pipelines parallel within the (ROW) and non-maintained sections of the
County right of-way (ROW). She stated because of his comments, there are two (2) proposed changes
to the Code. She stated staff received an email from Christie Woodward, COGA representative, stating
they will ask for a continuance during the Second Reading to address the concerns. Ms. Anderson
presented the proposed changes to the non-maintained (ROW) and running the pipe parallel. She
explained staff believes this gives them flexibility to make the decision to allow the pipeline to run parallel
when it makes sense. Ms. Anderson referred to Page 6 of the application pertaining to the General
Provisions, paragraph 1.C, where there is a proposed change to the language for clean-up.
Commissioner Cozad confirmed the Final Reading of Code Ordinance#2018-10 is scheduled on January
21, 2019, and stated there should be enough time to address concerns before the Final Reading.
• Ryan Seastrom, representative of COGA, requested a continuance to have time to review the
application before it is codified because it will be more difficult to change, once codified. Additionally, he
understands that completion of construction needs to occur within three (3) months after the application
submitted. He also requested a discussion about the prohibition of parallel installation and the timing for
an appeal to the Commission, in the event a parallel installation is needed. He noted Ms. Anderson's
proposed language may alleviate that concern. In response to Commissioner Cozad, Ms. Anderson
stated the ROW permit is related to construction permits only; however, if something unforeseen happens
during construction they can apply for an extension. She confirmed they should be getting all the permits
taken care of before they obtain the ROW permit. El Ms. Anderson stated three (3) months has been
in the (ROW) permit language and staff wants there to be minimal impact to the traveling public. However,
if there is an unforeseen circumstance, an extension can be applied for. In response to Commissioner
Cozad, Ms. Anderson clarified the permit will be specific to the ROW that is being crossed when the
application is submitted.
• Doug Dennision, representative of Highpoint Resources, requested more time to review this
provision before it goes to Final Reading and is codified. He suggested his concerns are regarding the
crossings where no road exists. He stated there needs to be more clarification whether ROW permits are
required. He stated might be worthwhile to reach out to out agricultural industries, public utilities and
telecommunications industries to allow them to have input.
Minutes, December 19, 2018 2018-4141
Page 4 BC0016
Patrick Groom, on behalf of DCP Operating Company, LP, expressed his confusion about
installation of Oil and Gas pipelines within maintained (row) and the appeal process. He suggested
modifying the definition to "Designation of an Access to a Recorded Exemption." In response to
Commissioner Cozad, Mr. Groom stated he is not sure oil and gas pipelines are the only utility omitted
in the prohibition. In response to Commissioner Kirkmeyer, Mr. Barker stated because the language is
not clear about oil and gas pipelines, it would be beneficial to define the appeal rights for parallel
installation within maintained ROW. Mr. Groom thanked staff and Mr. Barker for their willingness to listen
to his concerns.
Commissioner Cozad stated there is adequate time before the Final Reading and she would like to
move forward with Second Reading. She suggested the Board give direction to staff about their
expectations to address Mr. Groom's concerns. She stated it is important to clarify the appeal rights and
the language on maintained ROW.
Commissioner Freeman concurred with Commissioner Cozad and agreed to move forward with
Second Reading. Commissioner Kirkmeyer reminded the public there have been ROW permits in place
for several years and parallel installations in the County's ROW has been a policy already. She suggested
the Board give direction to the County Attorney to draft the language for appeal rights and have them to
the Board by January 7, 2019. After further discussion about the proposed changes for Final Reading,
Commissioner Cozad moved to approve on Second Reading. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
12) CONSIDER APPOINTMENT OF JESSICA REID AS DEPUTY CLERK TO THE BOARD:
Esther Gesick, Clerk to the Board, introduced Jessica Reid to her position as Deputy Clerk to the Board.
Ms. Reid presented her background to the Commissioners. Commissioner Cozad moved to approve said
appointment. The motion was seconded by Commissioner Freeman, and it carried unanimously.
13) CONSIDER ACCOUNT APPLICATION FORM AUTHORIZED ACCESS TO IDEMIA
BIOMETRIC INDENTIFICATION (FINGERPRINTING) RESULTS FOR LIQUOR LICENSE
APPLICANTS AND AUTHORIZE DEPUTY CLERK TO THE BOARD TO SIGN: Ms. Gesick presented
the application form to allow the Deputy Clerk to the Board access to the fingerprinting results and submit
the information as part of the application process for a liquor license. Commissioner Freeman moved to
approve said application and authorize the Deputy Clerk to the Board to sign. The motion was seconded
by Commissioner Cozad, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2018-10 was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, December 19, 2018 2018-4141
Page 5 BC0016
There being no further business, this meeting was adjourned at 10:18 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: cteG1 bk ;eA EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
:arbara Kirkmeyer, ro-Tem
Deputy Cle o the Boar j CUSED
an P. Conway
MI I
•
\Oki,NI, . Cozad
111:4-Pg-c-
Mike Freeman
Minutes, December 19, 2018 2018-4141
Page 6 BC0016
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