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Home My WebLink About20171154.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APRIL 26, 2017 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 26, 2017, 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 Julie A. Cozad, Chair Commissioner Steve Moreno, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman - EXCUSED Commissioner Barbara Kirkmeyer (arrived at 9:02 a.m.) Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Amanda Petzold Controller, Barbara Connolly Ei MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of April 24, 2017, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. ki PUBLIC INPUT: No public input was given. El COMMISSIONER COORDINATOR REPORTS: Commissioner Moreno attended the City of Greeley's Downtown Development Authority (DDA) meeting and stated the progress on the hotel is ahead of schedule, meeting the set deadline of September to open, and the name will be changed. Commissioner Moreno also attended the Upstate Board Meeting and informed the Board that the Upstate Board voted in support of House Bill 1356. = Commissioner Conway attended the Government Agencies Meeting, hosted by the City of Evans, where updates were given on University of Northern Colorado (UNC), Weld County School District 6, and Aims, and Mayor Morris gave an update on the City of Evans. Commissioner Conway also attended legislative meetings in Downtown Denver, where updates on Federal Transportation Infrastructure Bill and House Bill 1242 were given. He also attended the Kid's Place Gala, where discussions were held on introducing a transportation bill and efforts to get the bill on the ballot. a Commissioner Kirkmeyer spoke at the Foster Parent Appreciation Day, also known as St 33/0i-1 Minutes, April 26, 2017 Page 1 2017-1154 BC0016 the Weld Hope Event, and stated the event was attended by sixty (60) foster families aiding in Weld County's foster program. Commissioner Kirkmeyer extended thanks to the staff of the Child Welfare Division for their time spent developing relationships with the foster families. Commissioner Conway commented on the growing need for more foster families in Weld County. Chair Cozad extended her appreciation to the staff as well. a Chair Cozad mentioned the dinner with Adams County Commissioners where discussions on oil and gas and transportation were held. She stated the two counties plan to meet in the future to continue discussing future collaboration efforts on topics like transportation. She discussed the legislative update on House Bill 1203, and stated Karin McDougal, Assistant County Attorney, is reviewing it for a final decision from Weld County. Chair Cozad also commented on being honored by the Greeley Tribune's "60 and 60", where six (6) chosen individuals submitted ten (10) ideas for the article, and discussed their ideas at the event. She chaired the Communications Board meeting, where geofencing communication technology was discussed, and stated a work session on this will be held with the Board. She had a Fair Board 100th Anniversary Meeting, and attended the Highway 66 Planning and Environmental Linkage Study Open House, which was a well attended meeting. BIDS: 1) APPROVE BID #B1700069, QUAD AXLE TANK TRAILER WITH DUST PALLIATIVE SPRAY SYSTEM - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated staff requested this matter be continued to May 10, 2017, to allow for further evaluation. Commissioner Kirkmeyer moved to continue the bid to May 10, 2017. The motion was seconded by Commissioner Conway, and it carried unanimously. 2) APPROVE BID #B1700082, EMC STORAGE AND LICENSING — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, stated four (4) bids were received for this project, which is part of the 2017 Capital Improvement Plan for the Department of Technology. He stated staff recommends low bidder, Advanced Network Management (ANM), for the total amount of $141,269.22. Commissioner Moreno moved to approve staff recommendation. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 3) APPROVE BID #B1700084, CISCO ACCESS POINTS — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose stated eleven (11) bids were received and staff recommends awarding to the low bidder, Advanced Network Management (ANM), for the total amount of $33,735.00. Commissioner Conway moved to approve staff recommendation. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 4) APPROVE BID #B1700073, LANDSCAPING (CENTENNIAL COURT PLAZA) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek stated four (4) bids were received, and staff recommends awarding to the low bidder, Integrated Site Services Inc., for the total amount of $26,350.00. Commissioner Kirkmeyer moved to approve staff recommendation. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 5) APPROVE BID #B1700074, UPS (LAW ADMINISTRATION BACKUP) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek stated two (2) bids were received and staff recommends awarding to the low bidder, Eckstine Electric, for the total amount of $111,806.00. Commissioner Moreno moved to approve staff recommendation. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. Minutes, April 26, 2017 Page 2 2017-1154 BC0016 • 6) PRESENT BID #B1700086, UNDERGROUND STORAGE TANK REPLACEMENTS (MOTOR POOL) - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek stated staff received three (3) bids, and will review and bring back a recommendation on May 10, 2017. • 7) PRESENT BID #B1700090, PRISONER TRANSPORT VEHICLE (CARGO VAN) - SHERIFF'S OFFICE: Mr. Jiricek stated four (4) bids were received from two (2) vendors; one vendor submitted three (3) different options. He stated staff will review the bids to ensure all specifications are met, and will bring back a recommendation on May 10, 2017. Chair Cozad mentioned already having work sessions regarding these transport vans, and Barbara Connolly, Controller, indicated not all bids meet the specifications. NEW BUSINESS: • 1) CONSIDER CONTRACT ID #1081 INDIVIDUAL PROVIDER CONTRACT FOR THE PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - ASHLEE CARRUTH: Judy Griego, Director of Department of Human Services, stated the contract is for Kinship Foster Care, and the provider is from the City of Evans, who will be paid according to the needs -based care rate assessment. She stated the contract will go through June 30, 2017. Commissioner Conway moved to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 2) CONSIDER CONTRACT ID #1113 INDIVIDUAL PROVIDER CONTRACT FOR THE PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - TALIA AGONE AND LANSING EMORE: Ms. Griego stated the contract is for a county foster care home, and the provider is from the City of Windsor, who will be paid according to the needs -based care rate assessment. She stated the contract will go through June 30, 2017. Commissioner Conway moved to approve said contract and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 3) CONSIDER CONTRACT ID #1092 AGREEMENT FOR CHILD PROTECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - DENVER INDIAN FAMILY RESOURCE CENTER: Ms. Griego stated this contract is under the Core Services Funding, with rates included in the contract. She stated the Denver Indian Family Resource Center will be providing preventative services, consultation, and training services, and this agreement also meets the Indian Child Welfare Act requirements. She stated the agreement will go through May 31, 2017. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, and the motion carried unanimously. • 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R3531086) — HARMAN MANAGEMENT CORPORATION: (Clerk's Note: Chair Cozad conferenced in a call to Harman Management Corporation for this item and the next.) Chris Woodruff, Assessor, stated the petition is for abatement for 2014; therefore, the appraisal date being addressed is June 30, 2012. He stated the property is the Kentucky Fried Chicken and Long John Silvers, located on 8th Ave. in the City of Greeley, which was built in 1978, and had a complete remodel in 2007. Mr. Woodruff stated the building is considered to be in average condition for its age and use. He reviewed the market and income data used to assess the value of the property, which valued the property at $225.00 per square foot, for the 2013-2014 assessment period. He stated the County feels this assessed value is appropriate for the property, and recommends denial of this petition for abatement. Todd Stevens, representative for Harman Management Corporation, stated lease rates are typically based on business value, as well as, the property itself. He explained he picked two fast food comparables located near -by, and he reviewed their 2017-1154 BC0016 Minutes, April 26, 2017 Page 3 sold price and the adjustments he made for age and land size. He mentioned the Harman Management Corporation requests the value to be set at $440,000.00. Mr. Woodruff noted these are equalization values, not sold properties; therefore, he does not agree to this approach as a way to adjust the value, since he does not see a sale date. Mr. Woodruff further explained this being an equalization argument, not a direct market value analysis. Mr. Stevens agreed the evaluation perspective was an equity comparable, and with this new realization, he agreed to the assessment of value made by the Assessor's Office. Mr. Woodruff reaffirmed denial of the petition. The motion to deny the denial for petition for abatement, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried unanimously. • 5) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R2176386) — HARMAN MANAGEMENT CORPORATION: Mr. Woodruff stated the value for the property is established at $1,004,800.00, which is $226.61 per square foot. He stated the property is the Kentucky Fried Chicken and A&W fast food restaurant, located in West Greeley on the corner of 28th Ave. and West 10th St., built in 1984, with a total square footage of 4,434. Mr. Woodruff stated the property is considered to be in average condition for its age and use. He explained the information is similar to the previous item, and the same decisions were made, in terms of determining an appropriate assessed value of $1,004,800.00, and staff recommends denial of the petition. Mr. Stevens stated the Harman Management Corporation is in the same position regarding the evaluation approach, and Mr. Woodruff made the same argument of the equity comparable not being appropriate for the assessment of value for this property. The motion to deny the petition of abatement, which was made by Commissioner Conway, and seconded by Commissioner Moreno, carried unanimously. • 6) CONSIDER CANCELLATION OF TAX LIEN SALE CERTIFICATE (TS CERT 2015-25292): John Lefebvre, Weld County Treasurer, stated he will cover all three items (items 6, 7, and 8), at the same time. He stated the first item is a mobile home, which has been removed, and the taxes are now deemed uncollectable. He stated the second and third items are related, both were buildings owned by the City of Greeley, and put into use as possessory interest, where the tenants pay the taxes. The City of Greeley tore the buildings down, so there is no longer anything to tax. Mr. Lefebvre addressed Commissioner Conway's inquiry, stating the City of Greely acquired and leased the building out to a tenant, which created a possessory interest. He explained when the City tore the buildings down, the taxes owed were not collected. Now, there is no longer a property to collect taxes on. He explained the tenant is responsible to pay the taxes, but recouping the taxes is not possible if the tenant leaves without paying, which is common with possessory interest leases. Mr. Lefebvre acknowledged this has been a long-standing issue between the County and the State. Chair Cozad indicated each item is for small amounts, where the first one is for the amount of $304.03. The motion to approve said cancellation, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Conway, carried unanimously. • 7) CONSIDER CANCELLATION OF POSSESSORY INTEREST LEASE (ACCOUNT R8941787): Chair Cozad indicated the total amount owed was $242.45. The motion to approve said cancellation, which was made by Commissioner Moreno, and seconded by Commissioner Kirkmeyer, carried unanimously 8) CONSIDER CANCELLATION OF POSSESSORY INTEREST LEASE (ACCOUNT R8941788): The motion to approve said cancellation, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried unanimously. 9) CONSIDER RENEWAL APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE CHAIR TO SIGN — CROW VALLEY LIQUOR, LLC, DBA CROW VALLEY LIQUOR: Frank Haug, Assistant County Attorney, stated there are no concerns and the store is currently operating in Minutes, April 26, 2017 Page 4 2017-1154 BC0016 compliance. He stated staff recommends approval for renewal of said license. Commissioner Kirkmeyer moved to approve said renewal application and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 10) CONSIDER RENEWAL APPLICATION FOR 3.2% BEER OFF -PREMISES LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Mr. Haug stated two issues from the past were presented by staff: 1) the Health Department advised of violations in June and November of 2016 which dealt with food storage, but stated the store is back in compliance, and 2) the Sheriff's Office stated there have been fifteen (15) instances reported, but clarified the crimes were committed by the customers. Mr. Haug stated there have not been any cases of selling alcohol to underage customers. He further stated the mentioned issues have been resolved and staff recommends approval of the renewal application. Commissioner Kirkmeyer moved to approve said renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 11) CONSIDER CORPORATE REPORT OF CHANGES AND AUTHORIZE CHAIR TO SIGN - CIRCLE K STORES, INC., DBA CIRCLE K STORE #2709846: Mr. Haug stated this is a change in management and leadership. He advised background checks were completed, and no concerns were presented. He stated staff recommends approval. Commissioner Kirkmeyer moved to approve said corporate report of changes and authorize the Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously. • 12) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CR 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - LYSTER FAMILY FARMS: Tiffane Johnson, Department of Public Works, stated the County is purchasing 6.45 acres and a temporary construction easement of 1.188 acres, with the 3% signing incentive for $14,040.00. She stated the total compensation amount being requested is $60,843.00, which has already been executed by the Lyster Family Farms. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. • 13) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR CR 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - ELIZABETH ANNE NEWTON TRUST, AND JERRY D. AND JOYCE M. CANNON FAMILY TRUST: Ms. Johnson stated the County will purchase temporary easements for a total of .55 acres for the total amount of $770.00. She advised the 3% signing incentive equals $231.00, for a total compensation of $1,001.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 14) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION EASEMENTS FOR CR 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN - DAIRY FARMERS OF AMERICA, INC.: Ms. Johnson stated the County is purchasing temporary construction easements for a total of .19 acres for the total amount of $2,850.00. She advised the 3% signing incentive equals $855.00, for a total compensation of $3,705.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. Seconded by Kirkmeyer, the motion carried unanimously. • 15) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENT FOR CR 47 CORRIDOR IMPROVEMENT PROJECT Minutes, April 26, 2017 Page 5 2017-1154 BC0016 AND AUTHORIZE CHAIR TO SIGN - WELLS RANCH, LLLP: Ms. Johnson stated the County is purchasing 71.97 square feet of right-of-way and .06 acres of temporary construction easement, with the 3% signing incentive of $240.00, for a total compensation of $1,040.00. Commissioner Conway moved to approve said agreement and authorize Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 16) CONSIDER POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - FEIT FARMS 1, LLC: Ms. Johnson stated this is the most significantly affected property for the project. She stated the land owners have agreed to a Possession and Use Agreement, which would allow the County access to the property, beginning November 1, 2017, and allow for asbestos testing. She provided background on the project and this property, stating the house will be acquired and two out -dated structures will be purchased. She stated the Feits are asked to relocate three existing wells, and added there is a significant amount of irrigation work located on the south of the property, which will benefit all users to the south. She stated the total amount for possession is $525,000.00, and explained the County will continue to negotiate further and work through more of the acquisition process. Commissioner Kirkmeyer moved to approve said Possession and Use Agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. Commissioner Kirkmeyer thanked Ms. Johnson for her hard work, and addressed Tom Parko, Director of Planning Services, to ensure no further damage or problems arise for the Feits. • 17) CONSIDER APPOINTMENT OF KARLA FORD AS ADMINISTRATIVE LIAISON TO CHILD PROTECTION CITIZEN REVIEW PANEL: The motion to approve said appointment, which was made by Commissioner Moreno, and seconded by Commissioner Conway, carried unanimously. • 18) CONSIDER APPOINTMENT TO CHILD PROTECTION CITIZEN REVIEW PANEL: The motion to approve said appointment, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Moreno, carried unanimously. • 19) CONSIDER APPOINTMENT TO WELD FAITH PARTNERSHIP COUNCIL: The motion to approve said appointment, which was made by Commissioner Conway, and seconded by Commissioner Moreno, carried unanimously. • 20) CONSIDER APPOINTMENT TO FAMILIES, YOUTH, AND CHILDREN COMMISSION: The motion to approve said appointment, which was made by Commissioner Moreno, and seconded by Commissioner Conway, carried unanimously. PLANNING: • 1) CONSIDER APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND AUTHORIZE RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER I) — ZITA RV, LLC: Tom Parko, Director of Planning Services, stated the small business is for RV Storage and Repair, located in the Town of Galeton. He stated the Change of Zone was recently approved and the application meets all requirments under Tier I of the small business incentive. He stated staff recommends awarding Zita RV, LLC a total amount of $4,450.00, to help offset various fees incurred and previously paid by Zita RV, LLC. He stated the owner was informed of this award amount. The motion to approve said application and release of funds, which was made by Commissioner Conway, and seconded by Commissioner Kirkmeyer, carried unanimously. 2) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF ROAD MAINTENANCE WARRANTY COLLATERAL FOR USE BY SPECIAL Minutes, April 26, 2017 Page 6 2017-1154 BC0016 REVIEW PERMIT, USR-1792 — DCP OPERATING COMPANY, LP: Janet Lundquist, Department of Public Works, stated the project is located near County Roads 50 and 51. She advised the collateral amount is reduced from $419,700.00, down to $62,955.00, which is set at a 15% warranty amount, plus a road maintenance amount of $2,400.00. She advised all work has been completed. The motion to approve said cancellation and release of collateral, which was made by Commissioner Kirkmeyer, and seconded by Commissioner Conway, 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. There being no further business, this meeting was adjourned at 9:55 a.m. ATTEST: dd ,eWJ 4• vC,up•�,C, Weld County Clerk to the Board ty Clerk to the Boa BOARD OF COUNTY COMMISSIONERS WELD COU TY, COLORADO Ju ie A. Cozad, Chair EXCUSED DATE OF APPROVAL Steve Moreno, Pro-Tem • _ an P. Conway XCUSED Mike Freeman arbara Kirkmey Minutes, April 26, 2017 Page 7 2017-1154 BC0016 Hello