HomeMy WebLinkAbout20182752.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 29, 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, August 29, 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 - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman - EXCUSED
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
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 August 27, 2018, as printed. Commissioner Cozad seconded the motion,
and it 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 Conway seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
BIDS:
1) PRESENT BID #61800138, PATROL ALL -WHEEL DRIVE OR 4X4 SUV, PURSUIT RATED
QTY.10 - SHERIFF'S OFFICE: Rob Turf, Department of Purchasing, presented the five (5) bids received
and stated staff will review the proposals and make a recommendation on September 12, 2018.
NEW BUSINESS:
• 1) CONSIDER CONTRACT ID #2064 MEMORANDUM OF UNDERSTANDING FOR THE TITLE
IV -E DEMONSTRATION PROJECT FUNDING AND AUTHORIZE CHAIR TO SIGN: Jamie Ulrich,
Deputy Director of the Department of Human Services, stated the amount of the award is $582,110.00,
to implement three (3) interventions, including Family Engagement, Kinship Supports, and Trauma
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Informed Screening, Assessment and Treatment. Commissioner Cozad moved to approve said
Memorandum of Understanding and authorize the Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
• 2) CONSIDER CONTRACT ID #1933 LICENSE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - SELF -MANAGEMENT RESOURCE CENTER, LLC (SMRC): Ms. Ulrich stated the previous
license held under Consortium for Older Adult Wellness has expired and now the requirements are for
the County to obtain its own agreement for the amount of $500.00, which will allow for 20 workshops and
two (2) leadership trainings. Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
• 3) CONSIDER CONTRACT ID #2007 MEMORANDUM OF UNDERSTANDING FOR FRIENDLY
FORK SENIOR NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - PLATTEVILLE SENIOR
CENTER: Ms. Ulrich stated the Memorandum of Understanding has been updated due a to change in
the location name and to allow for a nutritious meal two (2) days per week. She stated it is one of 23 meal
sites in Weld County and this site serves 25-30 seniors daily. Commissioner Cozad moved to approve
said Memorandum of Understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
El 4) CONSIDER CONTRACT ID #2041 MEMORANDUM OF UNDERSTANDING FOR MEDICAID
ELIGIBILITY DETERMINATION AT SCHOOL -BASED HEALTH CENTERS AND AUTHORIZE CHAIR
TO SIGN - WELD COUNTY SCHOOL DISTRICT 6: Ms. Ulrich stated the Memorandum of
Understanding allows a Medicaid Intake Specialist to be co -located three (3) days per week and support
all District 6 students for the total amount of $24,000.00. In response to Commissioner Cozad, Ms. Ulrich
stated they won't be working with other school districts for this program at this time. In response to
Commissioner Conway, Ms. Ulrich confirmed it is capped at $24,000.00 and anything over that amount
is paid for through the Department of Human Services' budget. Ms. Ulrich stated staff would like to pursue
similar programs, if it makes economic sense based on demographics. Commissioner Cozad moved to
approve said Memorandum of Understanding and authorize the Chair to sign. The motion was seconded
by Commissioner Conway, and it carried unanimously.
• 5) CONSIDER CONSENT TO ENFORCEMENT OF THE 2018 INTERNATIONAL FIRE CODE,
WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING
WITHIN THE BERTHOUD FIRE PROTECTION DISTRICT: Tom Parko, Director of Planning Services,
stated the Berthoud Fire Protection District would like to update from the 2012 to the 2018 International
Fire Code. Commissioner Conway moved to consent to enforcement of the 2018 International Fire Code,
with Amendments, which was seconded by Commissioner Cozad. Commissioner Conway stated they
had a very good work session and he appreciates officials having conversations to make it consistent
with other districts' enforcement throughout the County. There being no further discussion, the motion
carried unanimously.
PLANNING:
• 1) CONSIDER CONTRACT ID #2048 SECOND AMENDMENT TO IMPROVEMENTS AND ROAD
MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR
IMPROVEMENTS, AND ACCEPT INCREASED OFF -SITE COLLATERAL AND RELEASE ON -SITE
COLLATERAL FOR MUSR15-0020 AS RELATED TO USE BY SPECIAL REVIEW PERMIT, USR-1687
- JOURNEY VENTURES, LLC: Evan Pinkham, Department of Public Works, requested a release of the
current collateral in the amount of $31,800.00, and acceptance of new collateral in the amount of
$901,249.00 for off -site improvements, which include intersection improvements to CRs 53 and 58. Mr.
Pinkham stated 14% will be paid by Journey Ventures, and they will widen CR 58 by four (4) feet on each
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side and make improvements to their USR entrance by adding left and right deceleration lanes. In
response to Chair Pro-Tem Kirkmeyer, Mr. Pinkham confirmed the improvements are based on trip
generation in conjunction with the requirements of the USR. Commissioner Cozad moved to release the
on -site collateral and accept increased off -site collateral. Seconded by Commissioner Conway, the
motion carried unanimously.
2) SECOND 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 Cozad moved to read Code Ordinance
#2018-03 by title only. The motion was seconded by Commissioner Conway, and it carried unanimously.
Bruce Barker, County Attorney, read the title for the record. Mr. Parko presented the only change since
first reading, which is to correct the definition of HISTORIC TOWNSITE to remove/adding specific
townsite names. No public testimony was offered concerning this matter. In response to Commissioner
Cozad, Mr. Parko explained staff reviewed the list and acknowledged it is not intended to capture every
single historic townsite or old subdivisions that have not had recent development. She commented the
language included "not limited to," but was concerned with a discrepancy between staff and a future
applicant. Mr. Parko stated that will typically be addressed through the pre -application process.
Commissioner Cozad suggested trying to add any others prior to Final Reading, to be as inclusive as
possible. Commissioner Conway agreed the inclusions will help avoid unintended consequences.
Chair Pro-Tem Kirkmeyer stated it could be confusing to include subdivisions under Historic Townsites
and suggested deleting everything after "any subdivision created prior to 1961" to remove any concerns
of missing one. Jim Flesher, Department of Planning Services, clarified Hill -N -Park was platted in
1966, therefore; it was not included, and many developments recorded prior to 1961 have been annexed.
Commissioner Cozad agreed to remove specific subdivision names and use the language proposed by
Chair Pro-Tem Kirkmeyer. Mr. Barker agreed the language should be any subdivision created prior to
1961", which would simply remove specific listings of subdivision names Commissioner Cozad moved to
amend the portion of the definition and delete the language after "1961." Seconded by Commissioner
Conway, the motion carried unanimously. Commissioner Conway moved to approve on Second Reading.
The motion, which was seconded by Commissioner Cozad, carried unanimously.
El 3) SECOND READING OF WELD COUNTY CODE ORDINANCE #2018-05, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26
REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE: Commissioner
Conway moved to read by title only Code Ordinance #2018-05. The motion was seconded by
Commissioner Cozad, and it carried unanimously. Mr. Barker read the title for the record. Chair Pro-Tem
Kirkmeyer announced with only three (3) Commissioners present, she would like to continue this matter,
but would still open up this matter to public comment for those in attendance. Mr. Parko referenced
Section 23-2-520.D on page 7, and explained staff is discussing moving this to a different part of the
Code, since it isn't necessarily related to mapping requirements for domestic water. = Dawn
Anderson, Department of Public Works, agreed that the depth profiles may better be suited through a
right-of-way (ROW) permit policy, and the industry requested a meeting on September 4, 2018, to have
further discussions, which may result in changes to Chapter 12. Mr. Parko reported the changes made
to Section 23-2-540.H to add the word "and" was for better clarity. In Section 23-2-1130.A.2.a, they
decided to modify "capacity" to "terminus or end of route", and lastly, he suggested adding a new
sentence to clarify the LAP process. In response to Commissioner Kirkmeyer, Mr. Parko explained the
changes were sent to the industry and the working group last week. Following discussion, the Board
agreed to suspend the presentation of revisions and take public input, knowing they will schedule a work
session and allow for the Department of Public Works to have a meeting and work groups to review
changes before the continued second hearing.
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Ryan Seastrom, representative of Colorado Oil and Gas Association (COGA), thanked the Board
for the continuance to allow a review of current changes and discuss potential further changes. In
response to Commissioner Conway, Mr. Seastrom agreed with the proposed continuance date.
• Jeanette Jones, representative of Noble Midstream, expressed her appreciation of the continuance
and offered comments since she stated she won't be able to attend September 24th. Ms. Jones
addressed mapping and discouraged the Code being redundant, since this is already a part of the
COGCC guidelines and encouraged the Board to use consistent language. She explained there are
concerns with the Department of Public Works mapping for ROW permits, which is relevant to the LAP
process, but also relevant to all pipelines subject to depth.: She stated she would like them to consider:
1) depth, 2) expanding depth to future rights -of -way, and 3) applying the process to all roads with respect
to future expansion.
• Patrick Groom, attorney representative for DCP Operating Company, LP, concurred with the basis
for continuing, but stated the continuance could complicate the timing of pending USR applications. He
stated it would make sense to file the USR application and then convert to a LAP process when the Code
Ordinance changes are approved, if appropriate. Commissioner Kirkmeyer commented upcoming USR
application which are for pipelines, should be converted to an administrative process. Mr. Barker
concurred, and Mr. Parko stated there are no concerns with proceeding with a USR and then once this
ordinance is codified, roll it over into the LAP. In response to Commissioner Conway, Mr. Barker agreed
the Department of Planning Services will have the discretion to start a USR process due to timing
uncertainty, without further authorization or action by the Board.
_ Dennis Hoshiko, resident of Greeley, requested clarification of the proposed timeline.
Commissioner Kirkmeyer clarified the Second Reading will be continued to September 24, 2018.
Mr. Barker suggested setting the Final Reading to October 8, 2018 and sending the notice to the paper
the same day to publish the notice for September 24 and the Final Reading of October 8, 2018. Mr.
Hoshiko read a written statement for the record expressing concern regarding pipelines crossing beneath
irrigation ditches. Secondly, he stated the ordinances must apply to all pipelines regardless of diameter
or substance conveyance because the pipeline easements burden surface owners of lands the pipelines
pass through. He stated they should be held to the same standards as other pipelines to ensure safety
of the public, and should be retroactive to require marking and record locations of existing pipelines
placed under irrigation easements without proper notice. Commissioners Conway and Cozad thanked
him for the comments to be considered and possibly addressed through the upcoming discussions. He
further discussed recent legislation that imposes fines on property owners who do not utilize the 8-1-1
utility locate services, which poses challenges along lengthy irrigation structures.
• Matthew Norton, resident of Longmont, thanked the Board for the continuance and for the ordinance
instituting the administrative process for pipelines, and stressed the importance of utilizing 8-1-1 prior to
any excavation activities, which is important and potentially saves lives. Commissioner Conway clarified
that prior to anyone doing excavation, they should dial 8-1-1 to locate any underground service, an
operator receives a notice and responds with the confirmation of pipelines or utilities in the area, and then
flags and marks the locations. Mr. Norton explained how they locate older facilities and stated the industry
operators typically pothole the location, but there are other effective techniques to ensure the depth.
• Commissioner Kirkmeyer suggested giving direction to the Department of Planning Services, in the
case of a USR, staff will be able to proceed, and upon passage of the ordinance, this will allow for
conversion to the administrative review of the LAP process.
Minutes, Wednesday, August 29, 2018
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Commissioner Conway made a motion to continue Second Reading of Code Ordinance #2018-05,
to September 24, 2018, and to continue the Final Reading to October 8, 2018, which was seconded by
Commissioner Cozad. Commissioner Conway suggested having a work session prior to Final Reading.
There being no further discussion, the motion carried unanimously.
Commissioner Kirkmeyer stated she would like to correct the record regarding previous testimony
given during the Public Comment portion of the Board meeting, concerning the solicitation of funds
regarding the Breckenridge Emergency training exercise. She explained she forgot she had solicited
funds from Xcel, in July, 2016.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2018-03 was approved on Second Reading and Code Ordinance
#2018-04 was continued to September 24, 2018.
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 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d��� ,
Weld County Clerk to the Board
BY: ( �a.
D Clerk to the Board
EXCUSED
Ste, e Moreno, Chair
bara Kirkmeyer,
Sean P. nway
ro-Tem
e A. Cozad (2/
EXCUSED
Mike Freeman
Minutes, Wednesday, August 29, 2018
Page 5
2018-2752
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