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Home My WebLink About20181575.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MAY 16, 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, May 16, 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 Cozad moved to approve the minutes of the Board of County Commissioners meeting of May 14, 2018, as printed. Commissioner Conway 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 Freeman seconded the motion, and it carried unanimously. PROCLAMATIONS: • 1) OLDER AMERICANS WEEK - MAY 20-26, 2018: Chair Moreno read the proclamation acknowledging the active role Weld County takes in engaging and supporting older adults, their families, and caregivers. Eva Jewell, Department of Human Services, accepted the proclamation on behalf of her staff and thanked her staff for their hard work. Each of the Commissioners thanked the staff for supporting seniors within the community and providing resources. Commissioner Cozad recognized the Area Agency on Aging Board for their dedication, involvement and support of seniors of Weld County. Commissioner Kirkmeyer thanked the Area Agency on Aging Board for their active participation, Commissioner Cozad for involvement and the seriousness she takes in her appointment by the Governor. (Clerk's Note: The Board paused the meeting for a photo opportunity.) PRESENTATIONS: El 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - MARK JOHNSON: Chair Moreno read Minutes, Wednesday, May 16, 2018 Page 1 2018-1575 BC0016 the certificate recognizing Mr. Johnson's dedicated service to the citizens of Weld County. Steve Reams, Sheriff, presented Mr. Johnson with a plaque and pin and stated he will be missed and congratulated him on his retirement. Mr. Johnson thanked everyone for supporting him, including his family. Each Commissioner thanked him for his accomplishments at Weld County and all the lives he touched. They thanked him for the four (4) decades of service to the citizens of Weld County and thanked his family. John Cooke, Senator and former Sheriff, and Ed Jordan, former Weld County Sheriff, stated Mr. Johnson is really a public servant and they are proud to have had the opportunity to work with him. Sheriff Reams recognized Mr. Johnson's wife, Jill Johnson, for her support of her husband. (Clerk's Note: The Board paused the meeting for a photo opportunity.) • PUBLIC INPUT: No public input was given. BIDS: • 1) APPROVE BID #61800087, F5 MAINTENANCE — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, presented the three (3) bids received and stated staff recommends awarding the most qualified low bid to CDW-G, LLC, for the amount of $31,006.49. He reported there was an error on the bid proposal from Global Technology Resources, Inc.,. Commissioner Cozad moved to approve said bid as recommended by staff. The motion was seconded by Commissioner Freeman, and it carried unanimously. • 2) APPROVE BID #61800095, POLYCOM VIDEO ARRAIGNMENT MAINTENANCE — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the two (2) bids received and stated staff recommends awarding to the low bidder, Solutionz Conferencing, for the amount of $15,988.00. Commissioner Conway moved to approve said low bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 3) PRESENT BID #61800102, EMC AVAMAR CAPACITY LICENSING — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the three (3) bids received and stated staff will bring back a recommendation on May 30, 2018. • 4) PRESENT BID #61800105, CISCO MAINTENANCE RENEWAL 2018-2019 — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the four (4) bids received and stated staff will bring back a recommendation on May 30, 2018. • 5) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (SE1/4, S23, T7N, R63W - 160 ACRES): Barb Connolly, Controller, presented the sole bid for 160 mineral acres from Aztec Exploration, LLC, for the total bonus amount of $452,480.00. Commissioner Freeman moved to approve said lease to Aztec Exploration, LLC, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 6) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (SW1/4, S23, T7N, R63W - 160 ACRES): Ms. Connolly presented the sole bid for 160 mineral acres from Aztec Exploration, LLC for the total amount of $452,480.00. Commissioner Conway moved to approve said lease to Aztec Exploration, LLC, and authorize Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. IR 7) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (N1/2, S27, T10N, R60W - 320 ACRES): Ms. Connolly presented the sole bid for 320 mineral acres from Rocky Mountain Hydrocarbon, LLC, for the total amount of $416,000.00. Commissioner Cozad moved to Minutes, Wednesday, May 16, 2018 Page 2 2018-1575 BC0016 approve said lease to Rocky Mountain Hydrocarbon, LLC, and authorize Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 8) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (N1/2 SW1/4, S27, T7N, R63W - 480 ACRES): Ms. Connolly conducted an oral auction for 480 mineral acres, between the two (2) bidders. Commissioner Conway moved to approve said lease to Aztec Exploration, LLC, for $5,600.00 per mineral acre, and a total bonus amount of $2,688,000.00, and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 9) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (SE1/4, S9, T3N, R68W - 18.30 ACRES): Ms. Connolly conducted an oral auction for 18.30 mineral acres between the two (2) bidders. Commissioner Cozad moved to approve said lease to Grizzly Petroleum Company, LLC, for $6,252 per mineral acre, and a total bonus amount of $114,411.60, and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. El 10) CONDUCT ORAL AUCTION FOR OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (S1/2 SW1/4, S33, T10N, R60W - 80 ACRES): Ms. Connolly presented the sole bid for 80 mineral acres, from Rocky Mountain Hydrocarbon, LLC, for the total bonus amount of $104,000.00. Commissioner Freeman moved to approve said lease to Rocky Mountain Hydrocarbon, LLC, and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. OLD BUSINESS: 1) CONSIDER APPEAL OF THE DECISION BY THE PURCHASING DIRECTOR TO DENY PROTEST OF THE AWARD OF CONTRACT TO ROCHE CONSTRUCTORS, INC., FOR BID #B1800059, JAIL 2 WEST EXPANSION (DESIGN/BUILD) - BRYAN CONSTRUCTION, INC. (CONT'D FROM 5/14/2018): Commissioner Cozad stated she supports the bid as approved and the denial of Bryan's and stated appeal of the decision by the Purchasing Director. She presented the evidence for her decision, this was a bid process, as it was identified in the documentation distributed to the potential bidders, which meets the requirements in the Code under the formal bid process. She stated Roche Constructors, Inc., meets all the qualifications, their past performance is important and they are the low bidder.She further stated, in the Code, it states the Commissioners will give preference to resident bidders, which are competitive in price and quality. Commissioner Conway concurred with the comments presented by Commissioner Cozad, and he agrees with awarding the original bid to Roche Constructors, Inc., and denying the appeal. Chair Moreno stated he also concurs with the statements made by Commissioner Cozad and he supports awarding to low bidder, Roche Construction, Inc., because he has confidence the original builder of the jail will continue to perform satisfactorily. Commissioner Kirkmeyer stated she supports the other Commissioners' comments and explained the Board had to examine the three (3) issues presented to ensure the Board acted in good faith, when awarding the bid. Commissioner Freeman stated he believes the Board followed the bid process and he supports the decision to deny the appeal. Commissioner Cozad moved to deny said appeal. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway stated the Board values and acknowledges all the work of participating in the bid process and he looks forward to future bid involvement from Bryan Construction, Inc. NEW BUSINESS: Ei 1) CONSIDER ADDITIONS TO SECTIONS 2.000 CHILD WELFARE, 5.000 GENERAL ASSISTANCE, AND 7.000 CHILD SUPPORT OF THE DEPARTMENT OF HUMAN SERVICES OPERATIONS MANUAL: Jamie Ulrich, Deputy Director of the Department of Human Services, reviewed the updated sections of the policies for the Department of Human Services. Commissioner Freeman Minutes, Wednesday, May 16, 2018 Page 3 2018-1575 BC0016 moved to approve said additions to Sections 2.000, 5.000, and 7.000. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 2) CONSIDER CONTRACT ID #1713 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - JACOB FAMILY SERVICES, INC., DBA THE JACOB CENTER: Ms. Ulrich presented the agreement with Jacob Family Services, Inc., dba The Jacob Center, for supervised parenting time. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 3) CONSIDER CONTRACT ID #1749 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - FIELD OF OPPORTUNITY COUNSELING: Ms. Ulrich presented the terms for the agreement with Field of Opportunity Counseling to provide offense -specific treatment services to juvenile offenders and their families. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. • 4) CONSIDER CONTRACT ID #1729 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - STACEY OLSON: Ms. Ulrich presented the agreement with Stacey Olson to provide foster care services. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 5) CONSIDER CONTRACT ID #1731 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - JAMES AND GARI DUNN: Ms. Ulrich presented the contract for foster care services for James and Gari Dunn. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. 6) CONSIDER CONTRACT ID #1728 AGREEMENT FOR RESPITE CARE SERVICES AND AUTHORIZE CHAIR TO SIGN - TANNIS AND DERICK JENNINGS: Ms. Ulrich reviewed the agreement for Tannis and Derick Jennings to provide respite care services. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 7) CONSIDER CONTRACT ID #1736 AGREEMENT FOR RESPITE CARE SERVICES AND AUTHORIZE CHAIR TO SIGN - JAMES AND GARI DUNN: Ms. Ulrich presented the agreement for James and Gari Dunn to provide respite care services. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. Ei 8) CONSIDER CONTRACT ID #1772 WORK PLAN EXPENDITURE AUTHORIZATION FOR APPRENTICESHIP USA STATE EXPANSION GRANT AND AUTHORIZE CHAIR TO SIGN: Ms. Ulrich reviewed the terms for the expenditure authorization, which assists under -represented groups with apprenticeship programs. Commissioner Freeman moved to approve said expenditure authorization and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 9) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - KENNETH LEWIS PARKER AND SHARRON B. PARKER REVOCABLE TRUST, AND ROBERT PARKER: Bob Choate, Assistant County Attorney, presented the Minutes, Wednesday, May 16, 2018 Page 4 2018-1575 BC0016 Deed of Dedication the property owners are asking the Board to accept for a Public Road Right -of -Way. He stated the property owner submitted an application for a Recorded Exemption and excluded the lot on the east side of the ditch, and after review, it was discovered if it were deeded, it would create a legal parcel boundary. He stated the Deed of Dedication will clarify the Right -of -Way use, and the Department of Public Works is satisfied with the information the applicant's surveyor submitted. In response to Commissioner Kirkmeyer, Mr. Choate reviewed the length of the road the County has been maintaining that follows the eastern edge of the property line and goes along County Road 19. Trevor Thiel, representative of Kenneth Lewis Parker and Sharron B. Parker Revocable Trust, and Robert Parker and Gary Hammer, surveyor for the Parkers, were present and stated they didn't have any further comments. Commissioner Freeman moved to accept said Deed of Dedication and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 01 10) CONSIDER TEMPORARY CLOSURE OF CR 68 BETWEEN STATE HIGHWAY 392 AND CR 61: Amy Joseph, Department of Public Works, reviewed the details of the request from Lawrence Construction Company for a temporary closure beginning May 21, 2018, through September 17, 2018, for the replacement of Bridge 68/59A. She stated message boards will be used seven (7) days in advance of the closure and all gravel roads within the detour route will be treated with magnesium chloride for dust abatement. Commissioner Cozad moved to approve said temporary closure. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. 11) CONSIDER DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, C.R.S. - MILE 250, LLC, C/O BOB ERLICH: Frank Haug, Assistant County Attorney, explained the procedures and the three (3) step process for the Board to issue a dust blowing citation. He stated the complaints are coming from the 80 acres on the west side of the property. He stated there are several findings the Board must make, as listed on the resolution, if they decide to issue a citation. He stated the property owner has been cooperative and is trying to fix the problem, stated the majority of the complaints occurred during the high wind events in the month of April, 2018. IR James Taloumis, Department of Public Health and Environment, reviewed the background information of the property and displayed photos. He stated the complaints came from the west parcel, which is 80 acres, and this property is zoned as C-4 (Commercial) Zone District and there is a SPR-306 on the property. Mr. Taloumis explained the property was last used in November, 2017, as a motor cross track and is vacant now. Mr. Taloumis described Fugitive Dust as the finer dust particles which are hard for the body to filter and can cause health issues. He then presented the dust regulations and methods to evaluate fugitive dust, but if the wind is over 30 mph it isn't taken into consideration. He stated staff has received five (5) complaints on days when the wind was over 80 mph. He reviewed photos from the complaints showing the impacts of the fugitive dust. In response to Commissioner Cozad, Mr. Taloumis stated some of the lots in the subdivision are not landscaped and there is a large lot without vegetation. In response to Commissioner Freeman, Mr. Taloumis stated the complaints received are on days the wind was in access of 80 mph. Mr. Taloumis stated the Colorado Department of Public Health and Environment (CDPHE) doesn't evaluate dust conditions if the winds are over 30 mph. Mr. Haug clarified if there is a nuisance to the adjacent neighbors, then the Board must use the guidelines from Statute 35-72. Commissioner Kirkmeyer stated there is no sand along the fence line, next to the garages or in the doorway. Mr. Taloumis showed photos of April 16, and 17, 2018, displaying the impacts on the properties. a In response to Commissioner Conway, Mr. Haug clarified the State code language states if there is more than a 30 -mph wind and the fugitive dust is causing property damage, the Board can proceed with action. Mr. Barker referred to the findings and order and stated this is primarily found on agricultural properties. In terms of dust regulations, the Department of Public Health and Environment has certain standards that deal with emissions. He explained one element that is a concern for the Board is finding if an emergency exists. aMr. Haug stated the property owners is Minutes, Wednesday, May 16, 2018 Page 5 2018-1575 BC0016 working with the Big Thompson Soil Conservation District to seed 180 acres of barren land and get some vegetation on the parcel to combat the dust. He stated this is the option available when there are multiple complaints about fugitive dust. Commissioner Cozad stated the motorcycle track has been there for years and now it is next to Rsidential zoning approved by the Town of Berthoud. Commissioner Kirkmeyer stated if the property owner is willing to work with the County to address the situation, from what has been presented, the Board can't determine that an emergency exists. Mr. Haug suggested giving the property owner time to replant vegetation to remedy the fugitive dust situation and for the soil conservation district to come up with a plan. Commissioner Cozad clarified the Town of Berthoud approved Residential zoning next to C-4 (Commercial) zoning and the motor cross track has not been operating and the ownership has changed. Bob Erlich, resident of Milliken, stated he purchased this parcel a year and a half ago and began killing all the noxious weeds, after he received a notice from the County. He stated he was contacted by Berthoud's Town Administrator about letting them run a sewer line through his property and they are waiting for the Town of Berthoud to complete the reclamation. Then he stated Extraction Oil and Gas contacted him to drill six (6) new wells, removed the remaining vegetation and exposed more ground. He explained they built a dirt berm as a sound barrier from the motor cross track for Serenity Ridge. Mr. Erlich presented a photo taken on April 17, 2018, which showed how bad the blowing dust was. Commissioner Conway stated there were multiple car accidents and six (6 semi -trucks blown over on that day and the dirt in the area wasn't all from Mr. Erlich's property. = Commissioner Kirkmeyer stated she does not believe the amount of blowing soil is of a sufficient quantity to be injurious to private property and does not believe an emergency exists. She further stated the operation has been in existence for more than one (1) year, is not a nuisance, and the property owner is not being negilient. She expressed her appreciation for Mr. Erlich is working to be a good neighbor, and then moved to dismiss the dust blowing citation. The motion was seconded by Commissioner Conway. Commissioner Kirkmeyer thanked Mr. Erlich for the work he has done on the property and requested he continue to be a good neighbor. Commissioner Conway also thanked Mr. Erlich for being a good neighbor and for doing the right thing. Commissioner Cozad thanked Mr. Haug and Mr. Taloumis for their quick response to the complaints and the work they did with the neighbors and Mr. Erlich. Larry Lempka, representative of Big Thompson Soil Conservation District, stated they will try and get the Town of Berthoud and Extraction Oil and Gas to come back and do the reclamation of the property. He explained the developer has not completed the one space in Serenity Ridge, so they have a noxious weed and blowing dirt issue. After further discussion the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. Minutes, Wednesday, May 16, 2018 Page 6 2018-1575 BC0016 There being no further business, this meeting was adjourned at 10:47 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST davo Cam( • Weld County Clerk to the Board BY. Deputy Clerk to the Board Steve Moreno, Chair /Barbara Kirkmeyer can P. Conway f 61 -14 A. Cozad ike Freeman Minutes, Wednesday, May 16, 2018 Page 7 2018-1575 BC0016 ATTENDANCE LIST DATE: JIIUpIg)1' NAME - PLEASE PRINT LEGIBLY EMAIL ADDRESS COUNTY OF RESIDENCE SPEAKING? 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