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HomeMy WebLinkAbout20183521.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 5, 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, November 5, 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 Senior Accountant, Chris D'Ovidio El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of October 31, 2018, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. READ ORDINANCE BY AUDIO: Commissioner Cozad moved to read Code Ordinance #2018-11 by audio. The motion was seconded by Commissioner Conway, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on October 31, 2018, as follows: 1) USR18-0075 — Discovery DJ Services, LLC, 2) USR18-0084 - OGG&S, LLC and The Stroh Family Trust, c/o Jay Stroh, Trustee, c/o Green River DevCo, LP, and 3) COZ18-0004 — NGL Water Solutions DJ, LLC. Commissioner Freeman seconded the motion, which carried unanimously. Ei AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Cozad moved to amend the Agenda and remove the following from the Resolutions on the Consent Agenda: Approve Certification of Weed Enforcement Lien — Jamie Palma and add the following to New Business: 1) Rescind Certification of Weed Enforcement Lien, dated October 31, 2018 — Jamie Palma. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. /10:5 1O Minutes, November 5, 2018 2018-3521 Page 1 BC0016 PROCLAMATIONS: la 1) WELD COUNTY ADOPTION DAY - NOVEMBER 16, 2018, AND NATIONAL ADOPTION DAY -NOVEMBER 17, 2018: Chair Moreno read the proclamation acknowledging that Weld County Adoption Day is being recognized in association with National Adoption Day. Jamie Ulrich, Deputy Director of the Department of Human Services, stated it is staff's responsibility to match foster children with their forever homes and then continue to support the foster families. She encouraged everyone to attend the Adoption Day celebration on November 16, 2018.. Heather Walker, Department of Human Services, acknowledged the donors who participated in this event and introduced the individuals who have contributed many hours to coordinate the 21 adoptions that occurred this year, as well as, ten (10) scheduled on Weld County Adoption Day. Each of the Commissioners thanked staff for their assistance with matching children with their forever homes. Commissioner Conway stated this day has special meaning for him. Commissioner Cozad thanked Veronica Cavazos, Department of Human Services, and Ms. Walker for the extra work they do with the families. (Clerk's Note: The Board paused the meeting for a photo opportunity.) PUBLIC INPUT: No public input was given. NEW BUSINESS: 1) RESCIND CERTIFICATION OF WEED ENFORCEMENT LIEN, DATED OCTOBER 31, 2018 — JAMIE PALMA: Tina Booton, Weed and Pest Division, stated she found out the property has been sold and there is a new owner. In response to Commissioner Conway, Ms. Booton stated correspondence will be sent to the new owner notifying them of the invoice. Commissioner Conway clarified since the lien hadn't been certified by the Board, the new owner will be responsible for paying the invoice. Commissioner Cozad moved to rescind the Certification of Weed Enforcement Lien. Seconded by Commissioner Freeman, the motion carried unanimously. El 2) CONSIDER CONTRACT AMENDMENT#2 FOR TITLE X FAMILY PLANNING PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and Environment, stated the amendment is for additional funding for STD Prevention and Control Services for the total amount of $7,907.00. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 3) CONSIDER CONTRACT ID#2219 INTERGOVERNMENTAL AGREEMENT REGARDING USE OF WCRCC 35TH AVENUE BACK-UP COMMUNICATIONS CENTER AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY COMMUNICATIONS CENTER, INC.: Mike Wallace, Director of the Department of Public Safety Communications, presented the Intergovernmental Agreement with Adams County Communications Center to share the Regional Communications backup Center in Greeley during an emergency situation. He stated Adams County Communications is also a backup 9-1-1 facility and will provide the necessary equipment for their systems at their expense. Commissioner Conway moved to approve said intergovernmental agreement and authorize Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 4) CONSIDER DISSOLVING CHANGE FUND AT DISTRICT ATTORNEY'S OFFICE: Chris D'Ovidio, Senior Accountant, stated the change fund is no longer needed at the District Attorney's Office. Commissioner Cozad moved to dissolve said change fund. The motion was seconded by Commissioner Freeman, and it carried unanimously. el 5) CONSIDER LOCAL GOVERNMENT WAIVER AGREEMENT FOR MAJOR FACILITY OF A Minutes, November 5, 2018 2018-3521 Page 2 BC0016 PUBLIC UTILITY 1041 PERMIT APPLICATION AND AUTHORIZE DIRECTOR OF PLANNING SERVICES TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO: Frank Haug, Assistant County Attorney, presented the agreement which will allow the Board to extend the time frame to January 23, 2019, to either approve or disapprove the 1041. He explained the date is outside the required 90 days. Commissioner Freeman moved to approve said agreement and authorize the Director of Planning Services to sign. Seconded by Commissioner Cozad, the motion carried unanimously. El 6) CONSIDER CONTRACT ID #2224 AGREEMENT CONCERNING PURCHASE OF CERTAIN PROPERTY FOR PUBLIC ROAD IMPROVEMENTS (BRIDGE 91-40A REPLACEMENT) AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - TEAGUE ENTERPRISES, LLC: Tiffane Johnson, Department of Public Works, presented the agreement for the total amount of $5,000.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. El 7) FIRST READING OF WELD COUNTY CODE ORDINANCE #2018-11, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE (FEES), OF THE WELD COUNTY CODE: Bruce Barker, County Attorney, stated this includes the fees submitted from the various departments and suggested the Board schedule a work session for the late submissions and include them in the Second reading of the Code Ordinance. No public input was offered concerning this matter. Commissioner Cozad moved to approve on First Reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. PLANNING/PUBLIC WORKS: 1) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMIT FOR AMENDED RECORDED EXEMPTION, AMRE-415 - DAVID HOFMEISTER, C/O JOHN HOFMEISTER: Dawn Anderson, Department of Public Works, reviewed the request for an access along County Road 5, just north of State Highway 56. The appellant is proposing a new Residential access because he recently purchased Lot A, is removing the existing mobile home and plans to build a new home on the lot. Ms. Anderson stated when the RE was originally approved, there was one property owner for both lots and the shared access was sufficient. The appellant requested a 60-foot-wide access point moved further north to avoid potential issues with or future property owners of Lot B. She stated it would be a financial hardship to build the driveway to the new home due to the costs for removal of the large established trees. Ms. Anderson stated the distance from the existing access to the proposed access is approximately 300 feet. She stated CR 5 is a gravel local road and the ADT is 371 vehicles per day, with 18% trucks. She recommended if the Board approves the proposed access point, the plat needs to be updated to remove the 30-foot access easement. a In response to Commissioner Kirkmeyer, Ms. Anderson explained for an agricultural access, the Code allows 36 feet or commercial access is 40 feet maximum. Commissioner Cozad confirmed when the plat was approved there were two (2) access points. One access was shared between Lots A and B and the other access was an access point for Lot B, so their request isn't an increase in the number of accesses, since they are just relocating the access point. John Hofmeister, appellant, stated his brother has heavy haul equipment and using the shared access will make it difficult to drive the large trucks on the property, however, if there is an issue, they will accept the 40-foot access point. He explained his father currently owns Lot B and they don't want issues in the future if the property is sold. In response to Commissioner Kirkmeyer, Mr. Hofmeister stated he will accept the 40-foot access and confirmed neither property owner has any issues with correcting the plat. Commissioner Kirkmeyer Minutes, November 5, 2018 2018-3521 Page 3 BC0016 moved to grant the 40-foot-wide access point, 20 feet south from the lot line, and correct the plat to remove the 30-foot shared easement. Commissioner Cozad seconded the motion. Commissioner Kirkmeyer commented they are working to get the access permit process more efficient. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-11 was approved on First Reading. 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 9:39 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (t'`z-�-Y--z-'� Ste = Moreno, Chair Weld County Clerk to the Board 01111.1"%ir J ��•ara Kirkmeyer, ro-Tem Deputy Cler to the Board t 1361 U �_► n P. Conway ZU • • ie A. Cozad Mike Freeman Minutes, November 5, 2018 2018-3521 Page 4 BC0016 ATTENDANCE LIST NAME - PLEASE PRINT ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF SPEAKING LEGIBLY RESIDENCE (Y/N)? Hello