HomeMy WebLinkAbout20181292.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 25, 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, April 25, 2018, at the hour of 9:00 a.m.
• ELECT ACTING CHAIR PRO-TEM: Commissioner Cozad moved to elect Commissioner Freeman
as Chair Pro-Tem for today's hearing, Wednesday, April 25, 2018, and for Monday's hearing,
April 30, 2018. Commissioner Conway seconded the motion, and it carried unanimously.
El 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 - EXCUSED
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman, Acting Chair Pro -Tern
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Amanda Petzold
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of April 23, 2018, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on April 23, 2018, as follows: 1) USR17-0044 — Kyle Kempema. Commissioner
Conway seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Conway seconded the motion, and it carried unanimously.
PROCLAMATIONS:
el 1) UNC BEARS DAY, WOMEN'S BASKETBALL - APRIL 25, 2018: Commissioner Freeman read
the proclamation into the record. David Sabolcik, University of Northern Colorado's Senior Associate
Athletic Director, brought the women's basketball team forward to introduce themselves. Deb Patterson,
University of Northern Colorado's Director of Women's Basketball Operations, addressed the Board with
(-°/aa
Minutes, Wednesday, April 25, 2018
Page 1
2018-1292
BC0016
appreciation for the honor bestowed upon the women's basketball team. She stated it was a priviledge
to compete on behalf of Northern Colorado in such a successful way. She commented on the team's
journey of learning the importance of being a role model and inspiration for the local youth and the future
of the community. She expressed appreciation for the UNC Bears Proclamation, which affirms the team's
commitment and success, and invited the Board and the community to come back and support the team
in the next seasons to come. Commissioner Cozad expressed how proud she is to be a UNC Bear herself.
She commented on the leadership skills gained through the team experience, which will take them many
places in the future and encouraged they stay here in Greeley for years to come. Commissioner Conway
stated it is an honor to have the team here today. He explained in the years to come, this team will be
remembered for the high bar set and the many accomplishments met this year. He further commented
on their mentoring role in the local community, and expressed gratitude for their impact. Commissioner
Freeman echoed the words of his fellow Commissioners, specifically on the impact of their roles on the
younger generation, and he too thanked the team for their efforts and commitment. (Clerk's Note: meeting
was paused for a photo).
2) UNC BEARS DAY, MEN'S BASKETBALL — APRIL 25, 2018: Commissioner Freeman read the
award into the record. Mr. Sabolcik again thanked the Board of Commissioners for acknowledging the
team. The players of the men's basketball team introduced themselves. Jeff Linder, Head Coach for the
men's basketball team, thanked the Commissioners for recognizing the team and for representing
themselves, their community, and the University in a very positive manner, both on and off the court. He
thanked the team for their effort and commitment, and stated they look forward to the continual building
and progression of the team for the next years to come. He expressed appreciation for the community
and their support. Commissioner Conway stated the team has been a great example to the local
community. He referenced an article published in an interview with Mr. Linder and stated the article really
embodied the personality of the coach and the positive qualities which led to the success of the team.
Commissioner Conway encouraged the players' future success in any path they choose to take.
Commissioner Cozad agreed with the comments of Commissioner Conway. She further expressed
appreciation for the team's representation for the local community and their positive impact on the youth.
Commissioner Freeman echoed congratulations and the importance of their mentorship to the local high
school players. (Clerk's Note: meeting was paused for a photo).
El PUBLIC INPUT: Laura Doyle, Weld County resident, stated she is here with the encouragement
of Larimer County Sheriff. She commented on Colorado House Bill 11-1275, also known as the Puffer
Law and submitted a copy marked Exhibit A. The purpose of her comments are to make the community
aware that resources will be used to enforce this law, for purposes of training and enforcement. She
stated that both the Larimer County Sheriff and Weld County Sheriff, as well as the surrounding towns
and cities, have all been in communication regarding said topic.
Commissioner Conway commented on the progress of the E-470. He advised as of April 12, 2018, the
board voted to do away with the annual vehicle registration fee of $10.00. He stated it was originally
instituted to help retire some of the bonds needed to build the tollway, but since the revenue point has
been reached, it is no longer being collected. Commissioner Cozad requested that they start looking for
additional ways to keep the tolls low. Commissioner Conway commented on a presentation held at the
March's audit meeting, which outlined a strategic plan to be rolled out over the course of 2019-2020,
where higher bonds will be pulled back and a level debt ceiling will be reached. He further commented
on the details of the strategic plan which extends to 2040, and will continue to level the bonding and keep
the tolls low, while turning most tollways from two lanes to three lanes.
Minutes, Wednesday, April 25, 2018
Page 2
2018-1292
BC0016
BIDS
1) APPROVE BID #B1800058, VARIOUS SERVICES (CHILD WELFARE) - DEPARTMENT OF
HUMAN SERVICES (CONT'D FROM 4/4/2018): Rob Turf, Department of Purchasing, stated nineteen
(19) bids were received, and staff recommends awarding to various vendors for various child welfare
services, to cover a period from June 1, 2018, through May 31, 2019. Commissioner Cozad moved to
approve staff recommendations. The motion was seconded by Commissioner Conway, and it carried
unanimously. Commissioner Freeman stated, for the record, as a member of the Human Services
Advisory Commission, he recused himself from the vote taken on Friday, April 20, 2018, by the Human
Services Advisory Commission, to allow himself to vote today at the Board of County Commissioner's
hearing.
• 2) APPROVE BID #B1800072, BRIDGE REPLACEMENT PROJECT FOR BRIDGE 53/58A -
DEPARTMENT OF PUBLIC WORKS: Mr. Turf stated eleven (11) bids were received, and staff
recommends awarding to the low bidder, Zak Dirt, for the amount of $7,918,861.55. Commissioner
Conway moved to approve staff recommendation. The motion was seconded by Commissioner Cozad,
and it carried unanimously. He further stated the Colorado Department of Transportation (CDOT) has
reviewed the bid documents and has given their concurrence to award to said bidder. Commissioner
Cozad stated, for the record, the Engineer's original estimate was $10,692,505.62, and this total cost is
well below the original estimation, which saves the County almost $3,000,000.00. Commissioner Conway
reiterated this is from the flood recovery and concurred with Commissioner Cozad.
• 3) PRESENT BID #B1800090, TREND MICRO DEEP SECURITY MAINTENANCE —
DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of
Information Technology, stated staff received four (4) bids, and will review and bring back a
recommendation on May 9, 2018.
• 4) PRESENT BID #B1800092, EMC MAINTENANCE — DEPARTMENT OF INFORMATION
TECHNOLOGY: Mr. Rose stated staff received three (3) bids, and will review and bring back a
recommendation on May 9, 2018.
• 5) PRESENT BID #B1800096, FORKLIFT FOR HOUSEHOLD HAZARDOUS WASTE —
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT/FLEET MANAGEMENT: Rob Turf,
Department of Purchasing, stated staff received five (5) bids, and will review and bring back a
recommendation on May 9, 2018.
El 6) PRESENT BID #B1800093, BRUSH CHIPPER - DEPARTMENT OF HUMAN
SERVICES/FLEET MANAGEMENT: Mr. Turf stated staff received four (4) bids, and will review and bring
back a recommendation on May 9, 2018.
NEW BUSINESS:
• 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - MULTILATERAL
PARTNERS WINDSOR, LP: Brenda Dones, Assessors Office, stated this abatement is for the period of
2015-2016, which means the data collection period is all of the year 2013 and the first six months of
2014. Ms. Dones advised this location is a shopping center, and when the tax abatement was filed it was
noted one of the leases within the shopping center had ended, which drastically brought down the income.
After proper income was submitted, an agreement on the value for both years, 2015 and 2016, resulted
in an adjusted value of $1,300,000.00. This adjusted value resulted in a tax refund for 2015 in the amount
of $11,157.42, and a refund for 2016 in the amount of $11,997.87. The motion to approve the refund of
Minutes, Wednesday, April 25, 2018
Page 3
2018-1292
BC0016
taxes for both tax years, 2015 and 2016, which was made by Commissioner Conway, and seconded by
Commissioner Cozad, carried unanimously.
• 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES — WRA BUILDING
CORPORATION: Ms. Dones stated when the property was added to the record in 2017, it was noted as
being privately owned. She advised that once the taxes were issued, the County received the copy of the
lease which indicated it was a charter school. Ms. Dones further advised that the property became exempt
as of January 23, 2017. She requested adjustment to the tax amount from $50,051.43 to $3,017.35. The
motion to adjust the tax amount for tax year 2017, which was made by Commissioner Cozad, and
seconded by Commissioner Conway, carried unanimously.
• 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - AIMS LEASING
CORPORATION: Ms. Dones stated the building was remodeled for tax year 2017, and in doing so the
appraiser accidentally made the building taxable. In result, staff requests a refund in the amount of
$36,002.28, for tax year 2017. The motion to approve the abatement of taxes for tax year 2017, which
was made by Commissioner Cozad, and seconded by Commissioner Conway, carried unanimously.
• 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - AIMS JUNIOR COLLEGE
DISTRICT: Ms. Dones stated this account is similar to the previous item where the remodeled building
was incorrectly appraised and made taxable. She stated staff requests full refund in the amount of
$34,115.27. The motion to approve abatement for tax year 2017, which was made by Commissioner
Conway, and seconded by Commissioner Cozad, carried unanimously.
• 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - SAVANNA DRILLING,
LLC: Ms. Dones stated this account is a drilling rig and the rig was valued on the wrong amount of days
for which it was present in the County. After reports were submitted, the rig was found to be present in
the County for 228 days. Staff requested the refund amount for tax year 2017 in the amount of
$10,374.67. The motion to approve the 2017 tax abatement, which was made by Commissioner Cozad,
and seconded by Commissioner Conway, carried unanimously.
• 6) CONSIDER CONTRACT ID #1760 AGREEMENT CONCERNING PURCHASE OF PUBLIC
ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - THOMAS D. CROGHAN LIVING TRUST AND MARY E.
CROGHAN LIVING TRUST: Clay Kimmi, Department of Public Works, stated this parcel is one the
contractor had to acquire in order to put up the needed fence for 2,450 square feet. He advised the
landowner was offered, and accepted, $500.00. Commissioner Conway moved to approve said
agreement and authorize the Chair 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. No Ordinances were approved.
Minutes, Wednesday, April 25, 2018
Page 4
2018-1292
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 9:49 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �„QM � JL;„k. EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
EXCUSED
BY:
Deputy Clerk to the Bo
Barbara Kirkmeyer, Pro-Tem
Mike Freeman, Acting Chair Pro-Tem
Minutes, Wednesday, April 25, 2018
Page 5
2018-1292
BC0016
Colorado House Bill 11-1275
Bill Summary
In 2011, the Colorado trucking industry joined with local governments and clean air advocates in Colorado to
create a set of recommendations for a statewide idling standard. HB11-1275 , which became effective on July
1, 2011, allows communities to limit idling to five minutes within a sixty -minute period for large, commercial
diesel vehicles (14,000 lbs or more), with certain exemptions. This consistent guideline enables commercial
drivers to comply with the law and protect Colorado's air quality across the state, rather than having to follow
a diverse patchwork of local regulations.
House Bill 11-1275
By Representative(s) Priola, Barker, Casso, Coram;
Also Senator(s) Williams S. and Spence, Guzman, Hodge, Tochtrop.
Concerning the creation of an engine idling standard for certain commercial diesel vehicles.
Be it enacted by the general assembly of the state of Colorado:
read:
Section 1.42-4-111 (1), Colorado revised statutes, is amended by the addition of a new paragraph to
42-4-111. Powers of local authorities. (1) This article shall not be deemed to prevent local
authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise
of the police power, except those streets and highways that are parts of the state highway system that are
subject to section 43-2-135, c.r.s., from:
(ee) Enacting the idling standards in conformity with section 42-14-103.
Section 2. Title 42, Colorado revised statutes, is amended by the addition of a new article to read:
Article 14
State Idling Standard
42-14-101. Legislative declaration. The general assembly hereby finds and determines that the
operation of a motor vehicle in commerce has important statewide ramifications for commercial diesel
vehicle operators because the transportation of people and property is not confined to one jurisdiction.
Therefore, the general assembly hereby declares that idling standards are a matter of statewide concern.
42-14-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Covered Vehicle" means a vehicle to which this article applies under section 42-3-104.
(2) "Idling" means when the primary propulsion engine of a covered vehicle is running but the
vehicle is not in motion.
(3) "Loading Location" means a place where a covered vehicle loads or unloads people or property.
42-14-103. Uniform standard - local governments. A local authority shall not adopt or enact a
resolution, ordinance, or other law concerning idling of a covered vehicle that is more stringent than this
article.
42-14-104. Applicability. (1) This article applies to:
(a) Commercial diesel vehicles with a gross vehicle weight rating of greater than fourteen thousand
pounds that are designed to operate on highways; and
(b) Locations where commercial diesel vehicles load or unload if a local authority has adopted or
enacted a resolution, ordinance, or other law consistent with this article.
(2) This article does not supersede an ordinance of a local authority if the authority has an average
elevation of over six thousand feet and if the ordinance was in effect on January 1, 2011.
42-14-105. Idling. (1) Standard. The owner or operator of a covered vehicle shall not cause or
permit the vehicle to idle for more than five minutes within any sixty -minute period except as authorized by
subsection (2) of this section.
(2) Exemptions. Subsection (1) of this section does not apply to an idling, covered vehicle:
(a) When it remains motionless because of highway traffic, an official traffic control device or signal,
or at the direction of a law enforcement officer;
(b) When the driver is operating defrosters, heaters, or air conditioners or is installing equipment
only to prevent a safety or health emergency, and not for rest periods;
(c) In the case of a law enforcement, emergency, public safety, or military vehicle, or any other
vehicle used to respond to an emergency, when it is responding to an emergency or being used for training
for an emergency, and not for the convenience of the vehicle operator;
(d) When necessary for required maintenance, servicing, or repair of the vehicle;
(e) During a local, state, or federal inspection verifying that the equipment is in good working order
if required for the inspection;
(0 During the operation of power take -off equipment if necessary for operating work -related
mechanical or electrical equipment;
(g) In the case of an armored vehicle, when a person is inside the vehicle to guard its contents or
during the loading or unloading of the vehicle;
(h) In the case of a passenger bus, when idling for up to five minutes in any sixty minute period to
maintain passenger comfort while nondriver passengers are Onboard;
(i) When used to heat or cool a sleeper berth compartment during a rest or sleep period at a safety
rest area as defined under 23 cfr 752.3, fleet trucking terminal, commercial truck stop, or state -designated
location designed to be a driver's rest area;
(j) When used to heat or cool a sleeper berth compartment during a rest or sleep period at a location
where the vehicle is legally permitted to park and that is at least one thousand feet from residential housing,
a school, a daycare facility, a hospital, a senior citizen center, or a medical outpatient facility providing
primary, specialty, or respiratory care; or
(k) When idling for up to twenty minutes in any sixty -minute period if the ambient temperature is
less than ten degrees.
42-14-106. Penalties. The owner or operator of a vehicle or the owner of a loading location that
violates this article commits a class b traffic infraction, punishable by a fine of not more than one hundred
fifty dollars for the first offense or a fine of not more than five hundred dollars for a second or subsequent
offense and by a surcharge of twenty dollars in accordance with section 24-4.1-119, c.r.s.
Section 3. Effective date - applicability. This act shall take effect July 1, 2011, and shall apply to
offenses committed on or after said date.
Section 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is
necessary for the immediate preservation of the public peace, health, and safety.
Frank McNulty
Speaker of the House
Of Representatives
Marilyn Eddins
Chief Clerk of the House
Of Representatives
Approved
Brandon C. Shaffer
President of
the Senate
Cindi L. Markwell
Secretary of
the Senate
John W. Hickenlooper
Governor of the State of Colorado
House Bill 11-1275
ATTENDANCE LIST
Lgh5I -ZiK
NAME
-
PLEASE
PRINT
LEGIBLY
ADDRESS,
CITY,
ST,
ZIP
EMAIL
COUNTY
RESIDENCE?
OF
SPEAKING?
(Y
/
N)
41O ra DO ye
0 a if
- 4-- - -
c . .,
,
l�c��'f
red Sc&bO\hlttr
22 3 c; soh
� �tc5(e-tky/Ji,oLo.
, ,
,
v
(
da�,d.abo
c,kevnco.dlu6vLl�
Pt\o\ol
fki \Quay\
Q(p Stlik ifkve &tattoos\
kaa
vzc-w42G3 Gav5. um_v,
eotv
e
`-(
I6rsfCn
Rxomner
lSZ( (S'w
Cirauj
,
I ebecr.+-s
vnco e ck a
i
\O151 Zr
PA,12_
WI* 211
scotG1o1Z la
bQcn.\wo.ckU
I
Y
SCR
t rim
a le\ 3(crk-k-
Xi
annex idJ//'u rn .S
,
/9s/ c: 8- �Ave URA' I--- #42 or
_
w Iv/ 6 6. 0.1(t) 6eet-cr. Gned , clic/
.
,
;it_toAqtr
ih---fr-e-
I&ocj-+t
At.
�i�
InR�
o(�r,-�CSurf�cscr�-
l�
�`�1�-P
4
_ ,1
2� (4 IAe�s U�uc�. e�l�
1
gyr% �
�
11ffy 4y57R 6,06. eA neve Su
r
Z'arna (7clr.tc
M0(o ffit /✓ei �,/, th'-ed'Cl4�'�6
y
I
IJ�I�"rt/�'!l0• F'C.�c(
Alem$
(keteputivi
A\j_i
ir,
C
< �d E
�^�afOO'7�1 e7 he mart . (loci:
1
10)11 ir' A
pl
Alr-te)-€ti
i)&b fttkeon
VII3
Gr% Ate Greek/ �Ob39
eLebra�p&fftrscntuvicoeki
4
wEw
y
KcCh e, Sueoirci
2s 21) EtyhDr-br
cuttior AP co ?.o
Ka:it ,i ,-.. •*Lo -e4 � 0-7; ,ro ed 3
vv e_ c d
y
Hello