HomeMy WebLinkAbout20173561.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 16, 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 16, 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 — EXCUSED at 9:28 a.m.
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 11, 2017, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on October 11, 2017, as follows: 1) USR17-0034 — Green River Devco, LP, and 2)
USR17-0035 — Nina May Wilder, Patricia Wilder Dallarosa, and James Richard Dallarosa. 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 Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
In response to Commissioner Conway, Bruce Barker explained the Communications item from the
County Attorney's Office to the Colorado Department of Revenue, notifying the State that Weld County
is a tax-exempt organization, and therefore, the County is not required to pay severance tax.
i l / 1 aOI7
Minutes, October 16, 2017
Page 1
2017-3561
BC0016
BIDS:
1) APPROVE BID #B1800001, LEASED MOTORGRADERS (QTY. 11) - DEPARTMENT OF
PUBLIC WORKS: Rob Turf, Department of Purchasing, reviewed the two (2) bids received and stated
staff recommends awarding the low bid from 4 -Rivers Equipment. Commissioner Freeman moved to
approve said low bid. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
2) PRESENT BID #B1700110, INMATE FOOD SERVICES - SHERIFF'S OFFICE: Mr. Turf
presented the three (3) bids received and stated staff will bring back a recommendation on October 30,
2017.
NEW BUSINESS:
e 1) CONSIDER SETTING THE AMOUNT OF COMPENSATION FOR ELECTION JUDGES: Don
Warden, Director of Finance and Administration, presented the change of method for how the election
judges are compensated from a daily to an hourly wage and set the wages at $15.00 per hour, for election
judges, and at $17.50 per hour for supervising election judges. Commissioner Moreno moved to set the
amounts of compensation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
MI 2) CONSIDER AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES AND
AUTHORIZE CHAIR TO SIGN - BASE TACTICAL DISASTER RECOVERY: Mr. Warden presented the
details of the fourth amendment with Base Tactical for the extension of one more year to finish up the
work from the 2013 Flood Recovery and stated there is no change to the monetary amount.
Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
cri 3) CONSIDER TEMPORARY POSSESSION AND USE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS: Bob Choate, Assistant County
Attorney, stated the temporary agreement is to transfer possession of the property to the County, to allow
work on the County Road (CR) 47 Corridor Project. He stated once the Possession and Use Agreement,
is approved they will be able to immediately dismiss a possession hearing scheduled in November. In
response to Commissioner Conway, Mr. Choate reiterated the hearing will be immediately dismissed
once the agreement is approved. Commissioner Kirkmeyer moved to approve said Temporary
Possession and Use Agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Conway and it carried unanimously. Commissioner Kirkmeyer thanked Mr. Choate for his
work on this. Commissioner Conway extended his appreciation to the Department of Public Works' staff
for their work.
El 4) CONSIDER CONTRACT ID #1489 AGREEMENT FOR RELOCATION/ABANDONMENT OF
ENERGY PIPELINES AND FACILITIES AFFECTED BY CR 47 CORRIDOR EXPANSION PROJECT
AND AUTHORIZE CHAIR TO SIGN — DCP OPERATING COMPANY, LP: Clay Kimmi, Department of
Public Works, presented the agreement stating there are six (6) locations where DCP Operating
Company, LP, has conflict with the design of CR 47 and needs to relocate or abandon pipelines.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
5) CONSIDER CONTRACT ID #1493 APPLICATION FOR EM-BR53-58A CATEGORICAL
EXCLUSION AND AUTHORIZE CHAIR TO SIGN: Mr. Kimmi reviewed the application for the Department
of Public Works to obtain an Environmental Permit to work on the CR 53 Bridge, which is part of the 2013
Minutes, October 16, 2017
Page 2
2017-3561
BC0016
Flood Recovery program. Commissioner Conway moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
6) CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN — HOLLY CLIFFORD:
Tina Booton, Department of Public Works, explained the weed enforcement bill was sent to Ms. Clifford
with no response, and she was noticed of today's hearing as well. She stated the amount due for the
work is $840.00. In response to Commissioner Conway, Mr. Barker explained the process of the lien.
Commissioner Conway expressed his concerns with a State lien being placed on the property.
Chair Cozad stated the County maintained the weeds on the property and has incurred cost associate
with the clean-up and it is an incentive for the landowner to pay their bill. Commissioner Conway stated
his concern is the unintended consequences of a landowner having their property taken.
Commissioner Kirkmeyer moved to approve said certification, which was, seconded by Commissioner
Moreno. Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed.
7) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE
SALE OF SAME AT AUCTION WITH ROLLER AND ASSOCIATES, AND DELEGATE AUTHORITY TO
CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Barb Connolly, Controller, presented the
list of equipment that has been replaced and is ready to go to auction. Commissioner Moreno moved to
declare said equipment as surplus and approve the sale of same at auction. Seconded by Commissioner
Freeman, the motion carried unanimously. (Clerk's Note: subsequent to the meeting there was a
correction made to the list of surplus items.)
8) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - NE1/4, S34, T7N, R67W: Esther Gesick,
Clerk to the Board, reviewed the terms for the six-month extension of the lease.. Commissioner Freeman
moved to approve said extension of the oil and gas lease. The motion was seconded by Commissioner
Conway, and it carried unanimously.
9) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - NE1/4 NW1/4, S18, T7N, R67W: Ms. Gesick
presented the lease for .5 acres for the amount of $200.00 and stated the six-month extension ends April
24, 2018. Commissioner Conway moved to approve said extension of oil and gas lease. Seconded by
Commissioner Moreno the motion carried unanimously.
IR 10) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - NE1/4, S8, T7N, R67W: Ms. Gesick
presented the lease for 1.82 acres for the amount of $728.00 and the extended term will end on April 28,
2018. Commissioner Freeman moved to approve said extension of oil and gas lease. Seconded by
Commissioner Conway, the motion carried unanimously.
11) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - SE1/4, S26, T7N, R67W: Ms. Gesick
requested continuing this matter to clear up the discrepancy of the number of acres. In response to
Commissioner Conway, Ms. Gesick stated this lease needs to start its extended term on October 28,
2017. Commissioner Conway moved to continue said matter to October 25, 2017. Seconded by
Commissioner Moreno, the motion carried unanimously.
El 12) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - S6, T7N, R67W: Ms. Gesick reviewed the
Minutes, October 16, 2017
Page 3
2017-3561
BC0016
1.47 acres for the amount of $588.00, and stated the extended term ends April 28, 2018. Commissioner
Freeman moved to approve said extension of oil and gas lease. The motion was seconded by
Commissioner Kirkmeyer and it carried unanimously.
DES 13) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - SE1/4, S23, T7N, R63W: Ms. Gesick
presented the 160 acres for the amount of $33,600.00, and stated the extended term will end on April
27, 2018. Commissioner Moreno moved to approve said extension of oil and gas lease. Seconded by
Commissioner Conway, the motion carried unanimously.
14) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - SW1/4, S23, T7N, R63W: Ms. Gesick
reviewed the terms for the 160 acres for the amount of $33,600.00, and stated the extended term will
end on April 27, 2018. Commissioner Conway moved to approve said extension of oil and gas lease. The
motion, which was seconded by Commissioner Freeman, carried unanimously.
15) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - SE1/4, S24, T7N, R63W: Ms. Gesick
presented 160 acres for the amount of $33,600.00, and indicated the extended lease will end on April
27, 2018. Commissioner Freeman moved to approve said extension of oil and gas lease. Seconded by
Commissioner Conway, the motion carried unanimously.
e 16) CONSIDER AUTHORIZING EXTENSION OF OIL AND GAS LEASE COVERING CERTAIN
PROPERTY OWNED BY WELD COUNTY, COLORADO - N1/2 SW1/4, S27, T7N, R63W: Ms. Gesick
presented the 480 acres for the amount of $100,800.00, and stated the extended terms will end on April
27, 2018. Commissioner Conway moved to approve said extension of oil and gas lease. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
(Clerk's Note: Commissioner Moreno was excused at 9:28 a.m.)
PLANNING:
1) CONSIDER TEMPORARY CHANGE TO DESIGNATED HAUL ROUTES FOR USE BY
SPECIAL REVIEW PERMITS ALONG CR 47 IMPROVEMENT PROJECT: Mr. Kimmi reviewed the
Western Sugar Cooperative request for a temporary change to the haul route during the CR 47 Project.
He explained there are several USR's in the area that will need a temporary haul route during the
construction of CR 47, and they will be diverted to CRs 43 and 60.5. In response to Chair Cozad, Mr.
Kimmi stated he informed Kim Ogle, Department of Planning Services, because he is the planner on the
USR. Chair Cozad requested a copy of the resolution be sent to Tom Parko, Director of Department of
Planning Services. Commissioner Conway moved to approve said temporary change to haul route. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
2) CONSIDER RECORDED EXEMPTION RECX17-0134 — GLEN AND NANCY FORD:
Michael Hall, Department of Planning Services, presented the request for a two -lot Recorded Exemption
on Lot B, and explained if this is approved, it will be the third Recorded Exemption on this tract of land.
He displayed photos of the parcel and the location of the site. The site is located within the Greeley Weld
Airport District, and they didn't have any concerns. He stated staff administratively denied the request
because it does not meet the requirements of the Weld County Code Section 24-8-240.P, but the Board
can review to determine if there are extenuating circumstances. He then showed the photos of the site
visit.
Minutes, October 16, 2017
Page 4
2017-3561
BC0016
Commissioner Kirkmeyer clarified the parcel started with a total of 29 acres, and in 1981 it was
divided into 25 acres to create three (3) lots to build homes on. In 2005, the parcel was split into five (5)
lots, and currently there are a total of six (6) lots.
le In response to Chair Cozad, Mr. Hall stated it was a request brought to staff because there is a
building code violation. The building was built as a storage facility, and a permit was obtained for an
accessory structure in 2000. Mr. Hall pointed out the locations of the original home and the mobile home
and stated the mobile home was approved for a medical hardship.
Glen Ford and Nancy Ford, applicants, explained the property has been in the family since 1938,
and always intended to have three (3) houses built, and split the land for their sons. Mr. Ford explained
he built the storage building with the intent to build a home for his son. Ms. Ford showed the Board the
split that occurred in 1981, and explained they didn't originally own the land. She stated they had a unique
layout to the property they owned, so they sold it and at the time of the sale there wasn't a 30 -acre
requirement.
Commissioner Kirkmeyer clarified the previous land splits would not have met the intent of the
Recorded Exemption process and that their sons occupy the other residences on the parcel. She
expressed her frustration at how the land splits were done and her appreciation with the applicant's
honesty. Mr. Barker stated there isn't anything in the Code that allows a condition to be added to the plat
concerning not allowing more land splits.
Commissioner Freeman stated it makes sense to approve the Recorded Exemption and get this
cleaned up, since it is too difficult to go back and get this straightened out.
In response to Commissioner Conway, Ms. Ford stated their three (3) sons live on the property and
help with the farm. He clarified the applicants aren't trying to subdivide to sell off the lots, but are trying
to make sure their children live on the farm; this he believes there are extenuating circumstances.
Chair Cozad stated they have already created six (6) lots, but it is being kept in the family and there
are extenuating circumstances, so she is in favor of approving the Recorded Exemption.
Commissioner Kirkmeyer explained the intent of the Recorded Exemption is to ensure both orderly
development and growth. She stated this is an exception, not a rule. She stated there are other processes
to create more land splits. She thanked the applicants for their honesty and stated because of that she
will approve this Recorded Exemption.
Commissioner Kirkmeyer moved to approve the Recorded Exemption. 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. 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.
Minutes, October 16, 2017
Page 5
2017-3561
BC0016
There being no further business, this meeting was adjourned at 10:07 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLODO
ATTEST: GieLi .,1dep:(4,
Weld County Clerk to the Board
BY:
y
C erk to the Board
I Mi Freeman
Ar
Julie A. Cozad, Chair
Steve Moreno, Pr Tem
Pr
Sean P. Conway
Barbara Kirkmeyer
Minutes, October 16, 2017
Page 6
2017-3561
BC0016
ATTENDANCE LIST
DATE: I (Q
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
SPEAKING?'N)
e__ 7 -O -v- c
i \.0._a_
me_- I
e
Hello