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Home My WebLink About20181540.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO May 14, 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 14, 2018, at the hour of 9:00 a.m. 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 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 El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of May 9, 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 February 28, 2018, as follows: 1) USR17-0061 — Que and Debora Fullmer, 2) USR17-0076 — De Jager 2007 Living Trust, do Icon Holsteins, LLC, and 3) USR18- 0001 - WETCO Farms, Inc., do Brett Bloom. Commissioner Freeman seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. el CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PROCLAMATION: • 1) MENTAL HEALTH MONTH — MAY, 2018: Chair Moreno read the proclamation recognizing May, 2018, as Mental Health Month. He read the statistics for the record, stating, in 2017, Weld County lost 50 youth, adults, and seniors to suicide. Larry Pottorff, Director of North Range Behavioral Health, expressed his appreciation of the support from the Board of County Commissioners and introduced the North Range Behavioral Health staff members. He stated individuals suffering with mental health issues often do not seek help, so it is important to increase awareness that seeking help is appropriate and Minutes, Monday, May 14, 2018 Page 1 2018-1540 BC0016 encouraged. Each Commissioner thanked them for assisting the citizens of Weld County, because it is greatly appreciated. Commissioner Cozad stated it is important to have proclamations, because it brings forth more recognition because prevention is a big part of helping with mental health issues. She stated it is vital to work with all groups to address mental health issues ahead of time to prevent suicide. The Board expressed their appreciation for the services they provide County -wide and for being able to recognize and assist individuals who are struggling. (Clerk's Note: The Board paused the meeting for a photo opportunity.) PRESENTATION: • 1) RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD — CLAY DRAKE: Chair Moreno read the certificate for the record, recognizing Mr. Drake for the four (4) years of voluntary service to the Workforce Development Board. Commissioner Cozad thanked Mr. Drake for his contribution and commitment of time to the Board. • 2) RECOGNITION OF SERVICES, BUILDING TRADES ADVISORY COMMITTEE - CHAD SANGER AND LANDON COGBURN: Chair Moreno read the certificate for recognizing Mr. Sanger and Mr. Cogburn for their voluntary service and contributions to the Building Trades Advisory Committee. El 3) RECOGNITION OF SERVICES, ISLAND GROVE PARK ADVISORY BOARD — BRUCE CAMERON: Chair Moreno read the certificate for the record. Commissioner Conway thanked Mr. Cameron for his past six (6) years of voluntary contributions to the Island Grove Park Advisory Board. • PUBLIC INPUT: Dave Kisker, resident of Johnstown, stated he is disappointed the Commissioners are considering joining a motion with the Court of Appeals, regarding a decision concerning the Martin Marietta project. BIDS: 1) APPROVE BID #B1800071, HISTORICAL DOCUMENT SCANNING -PROPERTY RESEARCH — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, presented the three (3) bids received and stated staff recommends awarding to the low bidder, Mountain States Imaging, who meets all the requirements. Commissioner Conway moved to approve said bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. el 2) APPROVE BID #61800084, WELD COUNTY 1401 BUILDING REMODEL - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, presented the three (3) bids received and stated staff recommends awarding to the low bidder, TCC Corporation. Commissioner Cozad moved to approve said low bid. Seconded by Commissioner Freeman, the motion carried unanimously. OLD BUSINESS: El 1) RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ (CONT'D FROM 4/9/2018): Frank Haug, Assistant County Attorney, stated the applicant, Ana M. Lucero, is not present. He reminded the Board that Ms. Lucero had not previously completed the responsible vendor training but, it is now completed. However; he was recently notified by the State that the applicant had not completed the 10 -day suspension, they didn't have proper signage, and they have not been keeping correct records. In response to Commissioner Conway, Mr. Haug recommended continuing this matter to give Ms. Lucero time to complete the 10 -day suspension and follow through with all requirements. Commissioner Kirkmeyer moved to continue said matter to May 21, 2018. The motion was seconded by Commissioner Minutes, Monday, May 14, 2018 Page 2 2018-1540 BC0016 Conway, and it carried unanimously. Commissioner Conway reiterated the importance of Ms. Lucero being present for the hearing on May 21, 2018. NEW BUSINESS: El 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R6265186) - TAGAWA GREENHOUSES, INC.: Brenda Dones, Assessor's Office, presented the petition for an abatement or refund of taxes. She explained the nature of the business being a wholesale supplier of annual bedding plants which are grown from seeds. Ms. Dones stated this parcel is fifty-four (54) acres, and thirty (30) acres are classified as commercial and twenty-four (24) acres are classified as irrigated, agricultural land. The landowners have twenty (20) improvements, including one residence. Ms. Dones stated the value of $2,029,676.00 to be accurate, for the buildings which have been correctly classified as real property, so staff recommends denial of the petition. William McClain, representative of Tagawa Greenhouses, Inc., stated he would like to consolidate this case and the one after it. Bruce Barker, County Attorney, stated since these were sent in as separate appeals, there needs to be two (2) resolutions. Commissioner Cozad moved to deny the petition for abatement or refund of taxes for R6265186. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously El 2) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R6411486) - TAGAWA GREENHOUSES, INC.: Ms. Dones presented the petition for the 56.2 acres with 4.5 acres classified as commercial greenhouses. She recommended denial of the petition and hold the value at $308,651.00 for tax years 2015, and 2016. Mr. McClain suggested the cost approach should be reduced by 15 to 30 percent to reflect the proper wage rate. He stated it is because the brothers supervised when the greenhouses were being built and suggested a reduction in the cost approach valuation. Furthermore, according the classifieds, agricultural property is being sold for $1,000.00 per acre, so, based on the information he would suggest the Board have the Assessor's Office reelevate the recent information about the property. Commissioner Kirkmeyer clarified the requested value of the parcels, to which Mr. McClain stated he hasn't come up with an exact number. Ms. Dones explained the Assessor's Office previously adjusted 15% due to the characteristics of the buildings. IR Commissioner Kirkmeyer clarified if this is denied the petitioners can appeal to the State Board of Assessment of Appeals. Mr. McLain stated there are two (2) different approaches which need to be reconciled. Ms. Dones stated staff is willing to continue this for a later hearing, or they can deny the petition so it can be appealed to the State. Commissioner Cozad stated continuing this could delay action further. In response to Commissioner Conway, Millie Channel, Assessor's Office, stated the petitioners have already been compensated for the 15 to 30 percent reduction. Commissioner Kirkmeyer moved to amend the Resolution to correct the Account Number. The motion was seconded by Commissioner Cozad, and it carried unanimously. Commissioner Kirkmeyer moved to deny said petition for abatement or refund of taxes for Account R6411486. The motion was seconded by Commissioner Cozad, and it carried unanimously. El 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R0840701) - BANK MIDWEST, N.A., COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH BANK, N.A.: Ms. Dones stated staff recommends continuing this matter to June 18, 2018, to have additional time to clarify. Commissioner Conway moved to continue said matter to June 18, 2018. Seconded by Commissioner Freeman, the motion carried unanimously. 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R1358002) - BANK MIDWEST, N.A., COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH BANK, N.A.: Ms. Dones stated this is the same tax agent as the previous one and they would like to continue this matter. Commissioner Freeman moved to continue said matter to June 18, 2018. The motion was seconded by Commissioner Cozad, and it carried unanimously. Minutes, Monday, May 14, 2018 Page 3 2018-1540 BC0016 O1 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R2941304) - WELD COUNTY BANK, COMMUNITY BANKS OF COLORADO, A DIVISION OF NBH BANK, N.A.: Ms. Dones stated staff recommends continuing said matter. Commissioner Cozad moved to continue said matter to June 18, 2018. Seconded by Commissioner Conway, the motion carried unanimously. • 6) CONSIDER TEMPORARY ASSEMBLY PERMIT - FRANK'S RIDE FOR CHILDREN, FBO MAKE -A -WISH FOUNDATION OF COLORADO, INC.: Mr. Haug presented the application for a temporary assembly permit and stated there have been no referral concerns for the event. Commissioner Freeman moved to grant said temporary assembly permit. Seconded by Commissioner Cozad, the motion carried unanimously. 7) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER OFF -PREMISE (COUNTY) RETAIL LICENSE AND AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Mr. Haug presented the terms of the renewal application and noted there have been no concerns expressed by staff. He explained the facility which was suspended is not located in Weld County. Commissioner Freeman moved to grant said application and authorize Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 8) CONSIDER CONTRACT ID #1808 AGREEMENT FOR COMMUNICATIONS TOWER AND SITE LICENSE AND AUTHORIZE CHAIR TO SIGN - WELD AMATEUR RADIO SOCIETY (WARS): Roy Rudisill, Director of the Office of Emergency Management, presented the agreement for a communication tower and site license to utilize the Weld Amateur Radio Society communications equipment and store equipment at the La Salle radio tower. He stated this is used for emergency communication by the Office of Emergency Management. In response to Chair Moreno, Mr. Rudisill stated there is no cost. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 9) CONSIDER AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND AUTHORIZE CHAIR TO SIGN - OWENS-BROCKWAY GLASS CONTAINERS, INC.: Don Warden, Director of Budget Finance and Administration, presented the personal property tax credit for Owens-Illinois located in Windsor, Colorado. He explained they produce beer bottles and would like to upgrade the aging facility with an initial investment of $3,757,000.00 and $30,000,000.00 in the next two (2) years. The amount of tax credited back after a ten (10) year period is $47,619.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 10) CONSIDER CONSTRUCTION AGREEMENT FOR GOVERNMENTAL ENTITIES AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO, DBA XCEL ENERGY: Mr. Haug presented the agreement with Xcel to complete an upgrade to a transformer for the natural gas facility as part of the new gas line for $15,000.00. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 11) CONSIDER PETITION FOR ANNEXATION AND AUTHORIZE CHAIR TO SIGN - TOWN OF HUDSON: Bruce Barker, County Attorney, explained this petition is follow up to the agreement the Board has with the Town of Hudson concerning CR 49. The Board agreed to annex to the Town of Hudson, silvers of right-of-way for a total of three (3) annexations. Commissioner Kirkmeyer moved to approve Minutes, Monday, May 14, 2018 Page 4 2018-1540 BC0016 said petition for annexation and authorize Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 12) CONSIDER REAPPOINTMENT TO WELD COUNTY BUILDING TRADES ADVISORY COMMITTEE: Commissioner Cozad moved to approve said reappointment. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 13) CONSIDER APPOINTMENT AND REAPPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL: Commissioner Kirkmeyer moved to approve said appointment and reappointment. The motion, which was seconded by Commissioner Freeman, carried unanimously. 14) CONSIDER APPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Conway moved to approve said appointment. The motion was seconded by Commissioner Cozad, and it carried unanimously. 15) CONSIDER APPOINTMENT TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Cozad moved to approve said appointment. Seconded by Commissioner Conway, the motion carried unanimously. 16) 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.: Karl Berg, representative of Bryan Construction, Inc., introduced Scott Bryan, Chief Executive Officer, and other employees of Bryan Construction, Inc. Mr. Bryan explained the process of putting bid packages together is time consuming and very costly. He explained since Bryan Construction, Inc., has extensive experience with building jails and prisons, has built several projects for the Colorado Department of Corrections, and the most recent project completed was the maximum -security prison, in Canyon City, Colorado. Mr. Bryan stated they are doing a project for the Denver County Jail. He stressed this is a team proposal and he presented his company's portfolio. He further stated he believes this was not a traditional bid project because of how the bid process was accomplished. Mr. Bryan stated this was a true design/build best value project with an extensive package submitted and an interview that was conducted. He stated Weld County staff completed a comprehensive, detailed and fair process, and he reviewed the scoring process and the matrix that staff used to score the firms who presented bids. He stated Bryan Construction, Inc., out -performed the request of the bidders' scoring a 90% and Roche Construction scored a 59%. He added it wasn't noted on the Request for Proposal (RFP) stating only Weld County contractors would be considered, nor was it listed as criteria on the Cost Benefit Analysis worksheet. He expressed frustration with the for overturning the staff's recommendation and awarding to Roche Construction. He explained Bryan Construction, Inc., has over 28 projects in Weld County and they have employees who reside in Weld County. Mr. Berg reiterated the comments made by Mr. Bryan in a legal manner, stating Commissioner Conway referred to the Home Rule Charter as a basis for his decision and Bryan Construction, Inc., received a letter notifying them that they were not the lowest qualified bidder and as such were disqualified. Mr. Berg stated the bid requirements should be competitive in cost and quality. He stated during the approval process, Weld County staff raised concerns about the experience of Roche Construction. Mr. Berg reviewed the evidence which confirms Bryan Construction, Inc., is the choice for the Design -Build project. He stated he doesn't believe Roche Construction was competitive in price, nor quality, and suggested the award should be withdrawn or rescinded. Chair Moreno stated he appreciates the appeal process and commented the bid was awarded to Roche Construction, who is the original builder of the jail and subsequent expansions. Mr. Berg stated Chair Moreno made a personal judgement and wasn't the criteria in the bid process. Mr. Barker suggested staff review the process and Minutes, Monday, May 14, 2018 Page 5 2018-1540 BC0016 the three (3) items which were detailed in the appeal. Mr. Berg stated the bid process is described in Section 5-4-60, but he believes the process should follow Section 5-4-150. = Commissioner Kirkmeyer reviewed the three (3) issues identified in the appeal: 1) criteria were included for an evaluation, 2) a fee based proposal based on qualifications, and 3) there was no firm price identified. In response to Commissioner Kirkmeyer, Mr. Berg confirmed on the Request for Bid, page 14, subsection G., specially outlines the evaluation criteria. He stated the Home Rule Charter provision should not apply, because he believes it wasn't a bid process but a fee proposal for 3% of the budget costs. In response to Commissioner Kirkmeyer, Mr. Berg clarified the Board has discretion, but a RFP must follow the criteria to be in good faith with the award. Mr. Bryan clarified in the bid documents the criteria doesn't state it will be awarded to only Weld County residents. Toby Taylor, Director of the Department of Buildings and Grounds, explained the bid process and stated he believes there are misinterpretations about some of the pieces of the bid. He stated there isn't language in the documents which refer to this as a Qualification -Based Project (QBP). During a work session, the Board asked to have a review of the vendors qualifications and the matrix was not used to disqualify the bidders but to rank the bidders as far as the criteria listed. He stated the document was published as a bid and was awarded to the low qualified bidder. In response to Commissioner Freeman, Mr. Taylor explained staff used only the cost benefit analysis and it recommended Bryan Construction, Inc. Commissioner Conway stated the Home Rule Charter, gives preference to companies located in Weld County. Mr. Taylor stated the low bidder was qualified and so the Home Rule Charter did not apply. In response to Commissioner Kirkmeyer, Mr. Taylor explained it is not necessary to have a bid bond with every project. The bid bond is an agreement to abide by the bond and complete the project. Mr. Taylor stated there is a performance bond and reiterated this was not a qualification bid. Mr. Berg stated there is a statute which states having a bid bond is not discretionary for public entities. Mr. Barker clarified the items the Board reviewed are in Section 5-4-60.C.7, and he asked if price was used as a decision -making criteria. In response to Commissioner Cozad, Mr. Barker stated not having the bid bond required as part of the qualifications, in not necessary, but it should be part of the contract. Mr. Barker stated the Board has any right to reject the bid, and it is at the discretion of the Board to not follow staff's recommendation. 0 In response to Commissioner Kirkmeyer, Mr. Taylor stated on a project of this size staff will conduct an interview process or they have options to do so. Commissioner Kirkmeyer stated maybe a RFQ should have been done instead RFP. Mr. Taylor explained how the bid process takes place and staff only awarded the design phase if the Board is not satisfied with the design build part they could be rebid for the construction part. Commissioner Kirkmeyer clarified the Board was presented with a contract for a design with the option to build. la In response to Commissioner Kirkmeyer, Mr. Warden clarified the process of the bid which is selecting the designers as well as the construction company for the build. He stated the bid is to find a company who will bid to subcontractors and allow the Board to vote. In response to Commissioner Kirkmeyer, Mr. Warden stated the company would look at ways to save money during the construction process. In response to Commissioner Cozad, Mr. Warden stated Qualified Based is in the purchasing code to deal with Professional Services, but Federal guidelines stated the qualified bid can only be used for architectural and engineering services but the bid is requesting more such as construction management. Mr. Warden disagrees with the requirements about an interview process and suggested if there needs to be clarification about the bid there should be follow up questions; furthermore, doesn't agree with the Minutes, Monday, May 14, 2018 Page 6 2018-1540 BC0016 relevance of Section 5-4-60, the intent wasn't a qualified based bid, that section of the code pertains to projects for the Department of Public Works, such as engineering and survey work. Mr. Warden stated the documents are clear that this is a bid. In response to Commissioner Kirkmeyer, Mr. Barker the Code doesn't say anything about not being able to conduct an interview, so it is at the discretion of the Board. Mr. Warden stated the interview process depends on the situation and if there needs to be clarifying questions. Commissioner Cozad stated cost was part of the decision -making and when the numbers were close the Board asked staff to complete the matrix and Cost Benefit Analysis and part of that was to conduct an interview; because of this she believes it still falls under the bid process. Mr. Bryan stated when procuring architectural services, a qualification -based process should be used and price was part of the bid. He still believes this was not a bid process. (Clerk's Note: The Board recessed at 11:15 and reconvened at 11:21) Mr. Barker stated Roche Contractors, Inc., will need to stick to the three (3) issues of the appeal as presented to the Board by Bryan Construction, Inc., specifically about the price, which section does it apply to, and was it applied properly. • Tom Roche, Roche Constructors, Inc., explained this process is consistent with the bid process he has experienced in last twenty (20) years, and stated the Board is hiring an entire team. He stated after the bid was awarded, staff did ask Roche Contractors, Inc., questions, but it wasn't an interview. • Mr. Berg stated if this was really a bid process, there would be no need for interview questions. The RFP lists the evaluation criteria. Mr. Bryan reiterated during the work session there was a discussion about qualifications, and staff's recommendation for awarding to Bryan Construction, Inc., was based on the Cost Benefit Analysis. • Commissioner Kirkmeyer recommended continuing this matter so the County Attorney can address some legal questions. After further discussion, Commissioner Kirkmeyer moved to continue this matter to May 16, 2018. The motion was seconded by Commissioner Freeman, which carried unanimously. PLANNING: ea 1) CONSIDER FEE SCHEDULES FOR ROAD IMPACT, COUNTY FACILITY IMPACT AND DRAINAGE FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES: Tom Parko, Director of the Department of Planning Services, reviewed the 3.4% rate of inflation increase of fee amounts. In response to Commissioner Conway, Mr. Parko stated the last three (3) years fees were adjusted by 2.7%. Mr. Warden explained the fees come from the Department of Local Affairs (DOLA) for 2017, for the Tabor adjustment each year. Commissioner Cozad moved to amend the effective date on the resolution to May 14, 2018. The motion was seconded by Commissioner Conway, and it carried unanimously. Commissioner Cozad moved to approve said fee schedules. Seconded by Commissioner Freeman, the motion carried unanimously. • 2) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF18-0001, SERENITY VIEW ESTATES - H & K INVESTMENTS, LLC: Dawn Anderson, Department of Public Works, presented the appeal from H & K Investments, LLC, concerning Serenity View Estates, which is a nine (9) lot Planned Unit Development (PUD) located on County Road 84, just east of County Road 15. She reviewed the history of the PUD and stated the plat was never recorded. The application came forth when the new owner requested a paving variance, which was granted by the Board. She stated in Minutes, Monday, May 14, 2018 Page 7 2018-1540 BC0016 February 2018, the Emergency Access was removed when the PUD was recorded. Public Works staff received a request to move the access point 30 feet to the east to align with an existing access point on the south side of the road. She stated staff received a referral from the Poudre Fire Authority and the access point needs to comply with the fire code. She reviewed the requirements of the fire code regarding the length of the dead-end roads and how many access points will be required. Ms. Anderson stated staff was on site and it meets all safety and site distance requirements, and County Road 84 is designated as a local road, and she displayed photos of the roads and access points. In response to Commissioner Kirkmeyer, Ms. Anderson stated there were no requirements of an emergency access, nor the paved surface, from the Poudre Fire Authority when the original PUD was approved in 2017. Commissioner Freeman stated the reason the Board waived the paving requirement is because of the gravel roadway. El In response to Commissioner Cozad, Jose Gonzales, Department of Building Inspection, stated the requirement for three (3) accesses comes from the 2012 Fire Code. Mr. Gonzales stated if the second access is allowed, they will waive the requirement to sprinkle the homes. In response to Commissioner Kirkmeyer, Mr. Barker explained the Board consents to Enforcement of the Fire Protection District and it is the Board's responsibility to determine accesses and interior road surface. She stated she does not agree with the Fire District dictating how to access County roads. Todd Annand, representative of H and K Investments, LLC, reviewed the history of the request based on conversations with the Fire Protection District which agreed to waive the requirement for sprinkler systems if the they are granted an emergency access. He submitted a letter to the Fire Protection District stating the access will not be available for the public, and would have a key code requirement. Mr. Annand stated it is important for them to have a second access for emergency accessibility. Commissioner Freeman agreed it makes sense to have a second access available in case the first one is blocked. Commissioner Cozad suggested having the access in the middle of the cul-de-sac. Mr. Annand stated the middle section is dedicated for surface rights for oil and gas production. Commissioner Kirkmeyer moved to grant the Appeal and direct staff to issue an access permit for emergency Only. Seconded by Commissioner Cozad, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, Monday, May 14, 2018 Page 8 2018-1540 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 11:57 a.m. BOARD OF COUNTY COMMISSIONERS WELDOUNTY, COLORADO ATTEST: Ga�,r�/1J .aC.,Gto:(1 Weld County Clerk to the Board BY: Deputy Clerk to the Board Steye Moreno, Chair /// arbara Kirkmeyer Pro-Tem C9nway -IIie A. Cozad Mike Freeman Minutes, Monday, May 14, 2018 Page 9 2018-1540 BC0016 ATTENDANCE LIST O/IL4A NAME - PLEASE PRINT LEGIBLY ADDRESS, CITY, ST, ZIP EMAIL COUNTY RESIDENCE? OF SPEAKING? (Y / N) Yo4 H 3 to; 5 `i Ave (Writ! v ��i/ L-�,v-, �,� �� r/a/�lur�� r2 , . 4,471i-�;e�� r � r �`t-G1 na !�Ic� � U7 C IQ r -9,Q1, ; �e O &/T rt kfi Q hko (A) r1« T-c)w � 1 (r- &Nie �I ty � i Tr �� :.�.�As� , Scit4A- )2,,, tai cif ZO :1, 4 frit, ksi v ' ; ), i,„Rim] flearcittoCe° r r • m l 5 G�k'R-10 L. 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