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Home My WebLink About20173714RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 30, 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 30, 2017, 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 Julie A. Cozad, Chair Commissioner Steve Moreno, Pro -Tern Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Senior Accountant, Chris D'Ovidio • MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of October 25, 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 25, 2017, as follows: 1) USR17-0037 — Timothy and Erin Arter, 2) USR17-0030 — Equus Farms, Inc., do Bill Barrett, and 3) USR17-0043 — Cactus Hill Ranch Co., c/o Simon Contractors. Commissioner Freeman seconded the motion, which carried unanimously. a= AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. PUBLIC INPUT: No public input was given. BIDS: 1) APPROVE BID #B1700110, INMATE FOOD SERVICES - SHERIFF'S OFFICE: Rob Turf, Department of Purchasing, requested continuing the matter to November 1, 2017. Commissioner Freeman moved to continue said matter to November 1, 2017. The motion, which was seconded by Commissioner Moreno, carried unanimously. I t/t51act 7 Minutes, October 30, 2017 Page 1 2017-3714 BC0016 NEW BUSINESS: int rg 1) CONSIDER CONTRACT ID #1503 TASK ORDER CONTRACT AMENDMENT #1 FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS AND RESPONSE CONTINUATION CONTRACT AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and Environment, presented the task order contract amendment to adjust the Statement of Work which will remove some of the activities and increase efficiencies within the project. He stated there is no change in the funding amount or contract time. Commissioner Moreno moved to approve said Task Order Contract amendment #1 and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 2) CONSIDER REQUEST TO PURCHASE BOMB TECH SUIT AND COUNTY ANIMAL RESPONSE TEAM (CART) EQUIPMENT WITH 2017 HOMELAND SECURITY FUNDS: Roy Rudisill, Director of the Office of Emergency Management, reviewed the details of the no -cost Homeland Security Grant for a Bomb Suit and equipment for the Animal Response Team. In response to Commissioner Moreno, Mr. Rudisill confirmed there is a life cycle on the Bomb Suits. Commissioner Conway moved to approve said request to purchase Bomb Tech Suit and Animal Response Team equipment. The motion was seconded by Commissioner Freeman and it carried unanimously. leg 3) CONSIDER APPLICATION FOR 2018 INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) GRANT FOR CENTENNIAL HIGHWAY (U.S. 85) BETTERMENTS: Elizabeth Relford, Department of Public Works, requested the Board's authorization to submit the Infrastructure Rebuilding America (INFRA) Grant on behalf of Weld County, CDOT and various municipalities along the U.S. Highway 85 Corridor. She stated U.S. Highway 85 Coalition has been looking at improvements along the Corridor. Commissioner Kirkmeyer thanked Ms. Relford for working so diligently on this. Commissioner Kirkmeyer moved to approve the application submittal. The motion, which was seconded by Commissioner Conway, carried unanimously. 4) CONSIDER CONTRACT ID #1519 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CR 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - FEIT FARMS I, LLC: Tiffane Johnson, Department of Public Works, presented the terms of the agreement for the total amount of $362,812.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 5) CONSIDER CONTRACT ID #1523 AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND GRANT OF TEMPORARY CONSTRUCTION EASEMENTS FOR CR 47 CORRIDOR IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS: Ms. Johnson reviewed the details of the follow-up to the agreements and stated the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints has been paid and so there aren't further monies associated with this agreement. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. 6) CONSIDER RATIFICATION OF JOYCE SMOCK TO BOARD OF TRUSTEES OF HIGH PLAINS LIBRARY DISTRICT: Commissioner Freeman moved to approve said ratification of Joyce Smock. The motion was seconded by Commissioner Kirkmeyer and it carried unanimously. Minutes, October 30, 2017 Page 2 2017-3714 BC0016 OLD BUSINESS (PLANNING): • 1) CONSIDER FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS - WELD COUNTY INDUSTRIAL PARK: Evan Pinkham, Department of Public Works, presented the request for release of collateral and stated the County will retain 15% of the collateral for the warranty period of two (2) years in the amount of $105,942.90. Mr. Pinkham reported the County is releasing $706,286.00 for the off -site improvements and a new letter of credit has been submitted the improvements of CR 44 and Niobrara Boulevard. He explained the Improvements Agreement which outlines the construction of CR 33. El Jim Martell, Attorney and representative of Peckham Development Corporation/Weld County Industrial Park, stated they are willing to sign the Amended Improvements Agreement with the condition that the maintenance obligation shall commence when the truck traffic has access to the lots. • Bruce Barker, County Attorney, stated the issue is the timing of when the approval takes place for the SPR (Site Plan Review). • Tom Parko, Director of the Department of Planning Services, explained that the approval will happen after staff reviews the SPR, makes a recommendation and approves it with conditions. He stated approval happens prior to recording the SPR map. In response to Mr. Goldstein, Ms. Relford stated the Access Permit will be approved as soon as staff is directed to release the Access Permit. - = In response to Commissioner Kirkmeyer, Mr. Martell stated he has no other issues with the current agreement. He stated the improvements and work will be completed by August 31, 2018, if the agreement is approved. Mr. Barker explained there are three (3) items that need to be addressed or the collateral will be executed on August 31, 2018 if the improvements are not yet done. In response to Commissioner Kirkmeyer, Mr. Goldstein stated he has a contractor ready to start, but are waiting to have the utilities relocated. He explained they would have the improvements done by August 31, 2018, which is the on -site date. Ei Ms. Relford, clarified that as soon as CR 44 is complete and open, the improvements will fall to the association. She stated CR 33 is the designated Haul Route, but it will be closed and since CR 33 will by default become the Haul Route they may have similar maintenance responsibilities to maintain the Haul Route. Ms. Relford stated the applicant will have to amend the Improvements Agreement to identify a new Haul Route. ., = In response to Commissioner Conway, Mr. Martell stated staff just clarified the Improvements Agreement and they are now in agreement and signing it. • Commissioner Kirkmeyer thanked everyone for working in a collaborative manner on this, but expressed her frustration with the improvements not being completed until August 31, 2018. She then moved to approve said first amended agreement, cancel and release collateral, and accept warranty collateral, and collateral for CR 44, and authorize the Chair to sign. The motion was seconded by Commissioner Conway and it carried unanimously. IB 2) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN — PECKHAM DEVELOPMENT CORPORATION: Minutes, October 30, 2017 Page 3 2017-3714 BC0016 Commissioner Conway moved to accept the Deed of Dedication and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. 3) CONSIDER APPEAL CONCERNING THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY ACCESS PERMITS AP17-00493 AND AP17-00494 FOR SITE PLAN REVIEW, SPR17-0014 (LOT 5) AND SPR17-0015 (LOT 8) - PECKHAM DEVELOPMENT CORPORATION/WELD COUNTY INDUSTRIAL PARK, C/O MARK GOLDSTEIN (CON'T FROM 10/18/2017): Ms. Relford stated staff has been working with the appellant to address the safety issues. She explained staff denied the access permit for Lots 5 and 8, because of the 97% increase in traffic. Ms. Relford stated even though the appellant is not generating the amount traffic that was identified with the Site Plan Review, they are still generating enough traffic to trigger the safety improvements. She stated the new maintenance plan will disburse traffic and cover the new haul route. Ms. Relford described the new haul route traffic going south will use CR 33 to CR 42, until Niobrara Boulevard is connected to CR 44. She reported staff will need to have a point of contact for the Weld County Industrial Park Association so when the connection is completed, they will need to have a similar maintenance plan. Mr. Barker explained there are a couple of solutions to the appeal. ▪ Commissioner Kirkmeyer moved to grant Access Permits AP17-00493 and AP17-00494. The motion, which was seconded by Commissioner Freeman, carried unanimously. ▪ In response to Commissioner Conway, Mr. Goldstein stated there are currently five (5) lots that are not developed and two (2) lots that have not been sold. 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 9:39 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLQRADO ATTEST:!/4/11 v• �C'„k,�,� u ie A. Cozad, Chair Weld County Clerk to the Board ty Clerk to the Board Steve Moreno, Pro -Tern Sean P. Conway Mike , reeman L; arbara Kirkmeyer Minutes, October 30, 2017 Page 4 2017-3714 BC0016 ATTpliDANCE LIST DATE: `6 11Z/- NAME - PLEASE PRINT LEGIBLY EMAIL , ADDRESS COUNTY OF RESIDENCE SPEAKING? (YIN) _ Sa r^ 1-0}i r i k ..._ isov, Lou( infLe),{- ')/ LeiaLlYvVz-- 1U a, j I -Tim /Vic..."-tiz. 1/ ��n i '77 et y (M4� Gousll,.) u% ti Yt, 61 ext pre- l,r,.. Pet.-ul \ ZI 1 ,r,, IVpill 6C cVk (&& EL_ 0-efq JC.__ N Hello