HomeMy WebLinkAbout20173631.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 23, 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, October 23, 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
Commissioner Barbara Kirkmeyer - EXCUSED
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
El MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County
Commissioners meeting of October 18, 2017, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on October 18, 2017, as follows: 1) PUDZ17-0005 (fka, PZ-1131) — Robert Buderus,
c/o Todd Annand, and 2) USR17-0031 — Timbro Ranch and Cattle Company, LLC, c/o Noble Energy.
Commissioner Freeman seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PUBLIC INPUT: Tonya Van Beber, resident of Eaton, reported she was recently a speaker at the
League of Women Voters, where Bruce Barker, Weld County Attorney, was present to clarify language
about Ballot item 1A. She expressed her concern with Mr. Barker not presenting a neutral response and
submitted a letter as Exhibit A. In response to Commissioner Conway, Mr. Barker stated he did not
comment on the issue of the on -going investigation.
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Minutes, October 23, 2017
Page 1
2017-3631
BC0016
BIDS:
• 1) APPROVE BID #B1700124, CNG FUEL SITE REMODEL - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, presented the three (3) bids received and stated staff
recommends awarding to the low bidder, Wyoming Northstar, Inc., in the amount of $2,215,755.00.
Commissioner Freeman moved to approve the low bid. The motion was seconded by
Commissioner Moreno and it carried unanimously.
NEW BUSINESS:
1) CONSIDER RENEWAL APPLICATION FORA HOTEL AND RESTAURANT LIQUOR LICENSE
WITH ONE (1) OPTIONAL PREMISES AND AUTHORIZE CHAIR TO SIGN - RNR, LLC, DBA
MCCARTY'S AT EATON COUNTY CLUB: Frank Haug, Assistant County Attorney, presented the
renewal application and noted the Health Department had some concerns with their health inspections;
otherwise, there were no other concerns. a Dan Joseph, Department of Public Health and
Environment, stated the restaurant has had some health violations but the follow-up inspection was fine
and he hopes they continue with that trend. Commissioner Conway moved to grant said license renewal
and authorize the Chair to sign. The motion was seconded by Commissioner Moreno and it carried
unanimously.
• 2) CONSIDER COUNTY DANCE HALL LICENSE NUMBER 390 AND AUTHORIZE CHAIR TO
SIGN - RNR, LLC, MCCARTY'S AT EATON COUNTY CLUB: Commissioner Conway moved to approve
said Dance Hall License and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
3) CONSIDER TEMPORARY CLOSURE OF CR 19 BETWEEN CRS 20 AND 22: Amy Joseph,
Department of Public Works, reviewed the terms of the closure to replace a drainage culvert, and stated
there are two (2) miles of gravel road and staff will treat the detour route with magnesium chloride.
Commissioner Freeman moved to approve said closure. The motion was seconded by
Commissioner Conway, and it carried unanimously.
IPAI 4) CONSIDER TEMPORARY CLOSURE OF CR 47 BETWEEN CRS 72 AND 74: Ms. Joseph
reviewed the terms of the closure necessary for the replacement of a drainage culvert and stated the
gravel detour route will be treated with water for dust abatement. Commissioner Conway moved to
approve said closure. Seconded by Commissioner Moreno, the motion carried unanimously.
• 5) CONSIDER COLORADO C -PACE PARTICIPATION AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - COLORADO NEW ENERGY IMPROVEMENT DISTRICT (NEID): Mr. Barker reviewed the
details of the C -Pace agreement, which allows the Commissioners to opt into the C -Pace Program for
the period of time they want to be involved. He stated the agreement provides two (2) things ; first is for
commercial buildings only and second, NEID will provide financial information on any project that is
utilizing the C -Pace Program. In response to Commissioner Moreno, Mr. Barker clarified that the County
will not incur any debt or financial liability. Kristie Melendez, Windsor Mayor, stated this is an important
final piece to move forward with this project. Chair Cozad stated the C -Pace Program is another tool
which will help with the economic development in Northern Colorado. Commissioner Moreno stated the
ground -breaking is October 24, 2017, at 1:00 p.m. Commissioner Freeman stated a lot of other projects
should be able to use the C -Pace Program. Commissioner Conway stated this is an important project for
not only Weld County, but also for Northern Colorado. He then moved to approve said participation
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman,
carried unanimously.
Minutes, October 23, 2017
Page 2
2017-3631
BC0016
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 9:23 a.m.
ATTEST: datif,vt) JC.;et,o•g1
Weld County Clerk to the Board
BY.
Sean P. Conway
y Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
thaC
Juice /�, Cozad, Chair
Steve Moreno, Pro -Tern
c)
Mike Freeman
EXCUSED
Barbara Kirkmeyer
Minutes, October 23, 2017
Page 3
2017-3631
BC0016
Su muted to the Weld County a.rd of Cm issi ners (Sea
Barbara Kirkrneyer and Steve Moreno)
4j
Conway, Julie Cozad, Mike Freeman,
etob r 23, 2017
By: Tonya Van Beber, 12607 County Road 76, Eaton, Colorado 80615
b;e Letter of Concern about County Attorney Advocacy for 2017 County Ballot Initiative lA and 1B
On the evening of October 19th, I had the pleasure and honor of speaking to an audience at the
League of Women's Voters about Weld County Ballot Item lA at the Lincoln Park Library from
6:30 to 8:30 pm. County attorney Bruce Barker and Larimer County Commissioner Steve Johnson
were also invited at that time and were introduced by their job titles. Mr. Johnson was introduced as
a commissioner from a neighboring county who would be able to provide information about a county
government that was not "home rule". Mr. Barker's introduction included that he was there to
clarify Ballot 1 A language.
Let me begin by stating that it is my understanding that the county attorney does not clock in and out
as a traditional employee and is salaried. Therefore, since he was introduced as the county attorney
who could clarify language about Ballot Item 1 A (by bringing along books about County and
Colorado Law among other items), everyone in attendance understood that he himself was acting as
a county resource. Secondly, Mr. Barker personally introduced himself as the county attorney
whose only role at the meeting was to clarify ballot language. As a result, both I and audience
members were shocked and concerned about some of the following points that he levied about the
Weld County Council.
He expressed multiple points of negativity and accusations about the council such as:
• He was rarely ever needed when it came to council issues unless it was to step in about
appointments over the last three decades (inferring the council was unnecessary because they
couldn't get people to run for the positions ---election records can easily speak as to the
possible erroneous nature of that innuendo.)
• Mr. Barker also launched off topic to berate the council about how they may or may not have
dealt with any concerns about Commissioner Sean Conway, conspicuously then bringing up
that they DID NOT find any fault with Julie Cozad's ethical behavior at the NCMC fundraiser
and implied that her case was found frivolous (a term the council would have never used)
when in fact it was NOT found frivolous at the state level and the investigation is ongoing.
This was stated in such an unclear and off topic manner that I felt compelled to correct the
information as it stands today concerning the ethics violation allegation.
• He also verbatim stated at one point that the "council has no value".
• Lastly, at the end of the evening, one of Mr. Barker's final comments (and I'm paraphrasing) --
was to tell the audience that the County Council is the only group in the county that can
increase Weld County taxes by 5%. This information had not been solicited via audience
participation during questioning, nor was the topic of taxes brought up by Commissioner
Johnson or myself at any time during the evening.
I am both incredulous and disappointed that a paid County employee would or could do this,
especially the county attorney. Overall, the evening appeared to be so one-sided that the League of
Women's Voters, in the interest of balance and fairness allowed me the opportunity for rebuttal and
the moderator made the comment at the conclusion to me personally that she felt that, "they had been
sandbagged".
I would hope that for the duration of this election that all county employees are neutral about the
topic of 1A. To act in any other manner calls into question the ability of those who serve our county
residents with impartiality, objectivity and due diligence.
Respectfully entered into record on October 23, 2017, Weld County Board of Commissioners
Meeting by Tonya Van Beber
ATTENDANCE LIST
DATE: /0 62-6/ /7
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
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