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Home My WebLink About20180901.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 26, 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, March 26, 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 March 21, 2018, as printed. Commissioner Conway seconded the motion, and it carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of Hearings conducted on March 21, 2018, as follows: 1) USR17-0079 — D and C Farms, Donald Howard, John Howard, and Marla Howard, do Discovery DJ Services, LLC, 2) USR17-0077 — Green River DevCo, LP, and 3) USR17-0070 — George Sack, do Discovery DJ Services, LLC. Commissioner Freeman seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add item 2) Approve Bid #61800044, Electronic Monitoring Equipment and Offender Supervision Services under Bids. The motion was seconded by Commissioner Cozad, and it carried unanimously. El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Cozad seconded the motion, and it carried unanimously. PRESENTATIONS: • 1) CERTIFICATE OF AWARD, VOICES OF DEMOCRACY SCHOLARSHIP WINNER - CAITLYN OLSON: Chair Moreno presented a certificate to Caitlyn Olson for her accomplishment as the Voices of Democracy Scholarship winner. Ms. Olson took first place in the Weld County District and State of Minutes, March 26, 2018 Page 1 2018-0901 BC0016 Colorado competitions which qualified her for the National competition where she took fifth place for her essay on American History: Our Hope for the Future. Ms. Olson recited her essay to the Board. el Each Commissioner expressed pride in Ms. Olson's leadership and for the way she represents Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) PUBLIC INPUT: No public input was given. BIDS: 1) PRESENT BID #B1800078, ROAD BASE SUPPLY (CLASS 6) - DEPARTMENT OF PUBLIC WORKS: Rob Turf, Department of Purchasing, presented the three (3) bids received and stated staff will bring back a recommendation on April 9, 2018. 2) APPROVE BID #B1800044, ELECTRONIC MONITORING EQUIPMENT AND OFFENDER SUPERVISION SERVICES - DEPARTMENT OF JUSTICE SERVICES: Mr. Turf stated this item was inadvertently left off the Agenda and staff is requesting a continuance of this matter. Commissioner Kirkmeyer moved to continue said matter to April 9, 2018. The motion was seconded by Commissioner Cozad, and it carried unanimously. NEW BUSINESS: 1) CONSIDER CONTRACT ID #1621 MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN IT'S MY VERY OWN, INC: Judy Griego, Director of the Department of Human Services, presented the terms of the memorandum of understanding with It's My Very Own and it's project enBags of Love. Ms. Griego stated they provide personal care items, age appropriate toys, and handmade blankets for children who have been removed from their homes and placed in to the Department of Human Services' custody. She added Weld County will provide $25.00 per month or $300 per year to It's My Very Own, Inc., for space at the Fort Lupton Family Resource Center. In response to Commissioner Conway, Ms. Griego stated It's My Very Own, Inc., has impacted hundreds of children over the years. Commissioner Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. 2) CONSIDER CONTRACT ID #1622 MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - REALITIES FOR CHILDREN CHARITIES: Ms. Griego presented the non -financial memorandum of understanding which will allow the Department of Human Services to access emergency funds that have been donated to Realities for Children Charities. She stated the funds are for Special Youth Opportunities, provided by Realities for Children Charities. Commissioner Freeman moved to approve said memorandum of understanding and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. El 3) CONSIDER CONTRACT ID #1623 AGREEMENT FOR PROFESSIONAL INTERPRETATION SERVICES (DEAF AND HARD OF HEARING) AND AUTHORIZE CHAIR TO SIGN - 24 HOUR SIGN LANGUAGE SERVICES, INC: Ms. Griego presented the agreement for 24 Hour Sign Language Services, Inc., to provide required sign language interpretation to clients of the Department of Human Services. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 4) CONSIDER CONTRACT ID #1627 PROMOTING SAFE AND STABLE FAMILIES (PSSF) PARTNERSHIP PROJECT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE ARCHDIOCESE DENVER WELD REGIONAL OFFICE: Ms. Griego stated this is a reimbursement awared to Weld County thru a PSSF grant, for a total Minutes, March 26, 2018 Page 2 2018-0901 BC0016 amount of $120,000.00. Weld County will reimburse Catholic Charities for actual costs to stabilize and strengthen at -risk families. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 5) CONSIDER CONTRACT ID #1637 AGREEMENT FOR PROFESSIONAL LEADERSHIP AND TEAM DEVELOPMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - LOLINA, INC: Ms. Griego stated Lolina, Inc., is the company the Department of Human Services currently utilizes for aid with the strategic plan development services, as well as strength -based services for their staff. Ms. Griego stated this is an extension of the original proposal approved three (3) years ago. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. 6) CONSIDER APPLICATION FOR JUVENILE RESTORATIVE JUSTICE GRANT FOR FISCAL YEAR 2019 AND AUTHORIZE ELECTRONIC SUBMITTAL: Michael Rourke, District Attorney, and Kirsta Britton, District Attorney's Office, reviewed the details of the application for the amount of $142,000.00 for which there is no County -match. He stated the funds are passed from the County to Youth and Family Connections. Commissioner Conway moved to approve said application and authorize electronic submittal. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. El 7) CONSIDER CONTRACT ID #1709 NONEXCLUSIVE LICENSE AGREEMENT FOR THE MAINTENANCE AND/OR USE OF CATTLE CROSSING STRUCTURE WITHIN CR 68 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - LARSON FARMS, LLC: Mike Bedell, Department of Public Works, reviewed the terms of the agreement in relation to the replacement of a 60 -year -old bridge. He stated during the design staff had purchased land from Larson Farms, LLC, and they received a request to provide accommodations to move cattle back and forth under the road during the construction. He explained the Nonexclusive License Agreement states the landowner is responsible for any maintenance or repairs. Commissioner Cozad moved to approve said Nonexclusive License Agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. El 8) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN STATE HIGHWAY 392 AND CR 70: Amy Joseph, Department of Public Works, presented the closure beginning April 3, 2018, through April 6, 2018, to replace a drainage culvert. Ms. Joseph stated staff will use water for dust abatement. Commissioner Freeman moved to approve said temporary closure. Seconded by Commissioner Cozad, the motion carried unanimously. 9) CONSIDER TEMPORARY CLOSURE OF CR 1 BETWEEN CRS 36 AND 40: Ms. Joseph reviewed the details of the closure beginning April 3, 2018, through April 6, 2018, for an irrigation culvert and staff will use magnesium chloride for dust abatement on the gravel detour route. Commissioner Cozad moved to approve said temporary closure. The motion was seconded by Commissioner Freeman, and it carried unanimously. In response to Commissioner Cozad, Ms. Joseph stated she would email the Board the details of the closure of County Road 13 between County Roads 38 and 42. 10) CONSIDER SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR HOKESTRA PIT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - CENTRAL COLORADO WATER CONSERVANCY DISTRICT: Bruce Barker, County Attorney, reviewed the modifications to the original agreement; the first one is to change the effective date and payment schedule. He also referred to paragraphs 3, 4, 5 and 6 to include which were actually signed documents early last year. Finally, he stated there are access points to which the Town of Firestone is agreeing; one travels north from County Road 24.5, another one goes south to allow access to the Varra Ditch which Minutes, March 26, 2018 Page 3 2018-0901 BC0016 runs into the property and the access off of County Road 9.75 which runs directly onto the property. Mr. Barker stated once the amendment is approved, the closing can occur in two (2) weeks. Commissioner Conway moved to approve said amendment and authorize the Chair to sign all necessary documents. Seconded by Commissioner Cozad, the motion carried unanimously. Commissioner Conway extended appreciation from the Central Colorado Water Conservancy District to the Board. El 11) CONSIDER RECOMMENDATION TO APPOINT COMMISSIONER BARBARA KIRKMEYER TO TOWN OF ERIE URBAN RENEWAL AUTHORITY BOARD: Commissioner Cozad moved to appoint Commissioner Kirkmeyer to the Town of Erie Urban Renewal Authority Board. The motion was seconded by Commissioner Freeman, and it carried unanimously. PLANNING: El 1) CONSIDER CONTRACT ID #1700 PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR15-0027 - HIGH RAIL HOLDINGS, LLC AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA MATERIALS, INC: Evan Pinkham, Department of Public Works, reviewed the request from Martin Marietta Materials, Inc., to reduce the collateral from $5,803,977.00 to $870,596.55, He stated it will be held in the form of a Performance Bond from Liberty Mutual Insurance Company and would act as the two (2) year warranty collateral for the off -site improvements associated with the site on CR 13. Commissioner Cozad clarified the improvements for which the collateral is being held have been completed and accepted. Mr. Barker stated there is no legal reason why the collateral should not be released. Commissioner Cozad reviewed the improvements are part of the Conditions of Approval for the USR. Commissioner Kirkmeyer moved to approve said partial release of collateral and accept warranty collateral. Seconded by Commissioner Cozad, the motion carried unanimously. 2) CONSIDER RECORDED EXEMPTION, RECX18-0013 - TRUE LIVING TRUST, C/O JOHN AND SANDRA TRUE: Ryder Reddick, Department of Planning Services, reviewed the request for the two (2) lot Recorded Exemption, and stated the applicants are proposing to split Lot B. He explained the applicants split Lot B in 2002, to deed off land to family and this has been the only land split done on this parcel. Mr. Reddick stated Lot A of the Recorded Exemption is owned by their son and unfortunately his work hours are not conducive to helping his parents; therefore, they want to split Lot B so their daughter can build a house with her family and live closer to help her aging parents. ID Mr. Reddick stated County Road 1 is maintained by Boulder County and the applicants are proposing to bring the easement road to County Road 16.5 to access Lot A, which will possibly be going through three (3) parcels so the appellants will have to provide a recorded easement to the location and he displayed slides of the roads and accesses to the property. El In response to Commissioner Cozad, Mr. Reddick explained if the applicants aren't able to obtain easements from the neighbors to access their property from County Road 16.5, they can utilize the access off County Road 1 on Lot B. Pam Mitchell, daughter of appellants and representative, stated she believes it would be hard to have an access off the County line road, the preference is for the access is be on County Road 16.5, and she is planning for the future and how the property will get divided for inheritance. Ms. Mitchell explained the reason they want the access off County Road 16.5, is so they can drive down County Road 52 and avoid future traffic. Minutes, March 26, 2018 Page 4 2018-0901 BC0016 • Commissioner Cozad stated she doesn't want the applicants to have to go through a complicated process in order to obtain easements to be able to access off County Road 16.5. In response to Commissioner Cozad, Elizabeth Relford, Department of Public Works, stated they would have to obtain another access permit. Mr. Reddick stated when this was done in 2002, there wasn't any access permits so when they get the building permit they will also need to get an access permit for Lot B. Commissioner Cozad clarified the legal paperwork is for a matter of record not necessarily applying for an access. • Commissioner Kirkmeyer stated she supports the two (2) lot Recorded Exemption, because there are extenuating circumstances. She referred to Condition of Approval #1.A.1 and commented she would like the applicants to have the option to have their access off County Roads 1 or 16.5, so in the future it can be administratively approved. • Mr. Barker suggested language for an Access permit to be issued by Weld County which grants access to Weld County Road 16.5. He stated there is no need to include the written evidence that the applicants have complied with Boulder County. Following discussion, Commissioner Kirkmeyer recommended the County Attorney draft language which will be forthcoming to amended Condition #1.A.1 which provides for the optional ability to access off CR 1 if CR 16.5 is not available, and the Board agreed. (Clerk's Note: Subsequent to the meeting Mr. Barker provided language for the final Resolution #1.A.1 and #1.A.2.) Commissioner Conway suggested deleting Condition of Approval #1.B, because Boulder County will not be issuing the permit, and the Commissioners concurred. ID Commissioner Kirkmeyer moved to approve said Recorded Exemption with the amendments previously described. The motion was seconded by Commissioner Cozad, and it carried unanimously. Commissioner Kirkmeyer recognized the letter submitted by the True family as the reason for the extenuating circumstances. Commissioner Conway stated he agrees with the comments made by Commissioner Kirkmeyer. el 3) FINAL READING OF CODE ORDINANCE #2018-02, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 29 BUILDING REGULATIONS (NATIONAL ELECTRICAL CODE), OF THE WELD COUNTY CODE (CONT'D TO 4/2/2018): Commissioner Kirkmeyer moved to read Code Ordinance #2018-02 by title only. Seconded by Commissioner Cozad, the motion carried unanimously. Mr. Barker read the title for the record. Jose Gonzalez, Department of Building Inspection, stated staff is requesting a continuance of this matter, due to posting of notice requirements. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to continue said matter to April 2, 2018. The motion was seconded by Commissioner Conway, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2018-02 was continued to April 2, 2018. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. Minutes, March 26, 2018 Page 5 2018-0901 BC0016 There being no further business, this meeting was adjourned at 10:07 a.m. ATTEST: ddeAvt) jeige;e/k. Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair rbara <irkmeyer, o-Tem EXCUSED DATE OF APPROVAL Sea P. Conway Mike Freeman Minutes, March 26, 2018 Page 6 2018-0901 BC0016 ATTENDANCE LIST -3/0114,/ NAME - PLEASE PRINT LEGIBLY ADDRESS, CITY, ZIP EMAIL COUNTY RESIDENCE? OF SPEAKING? 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