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Home My WebLink About20174229.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 18, 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, December 18, 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 - EXCUSED Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly • MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of December 13, 2017, as printed. Commissioner Moreno seconded the motion, and it carried unanimously. READ ORDINANCE BY AUDIO: Commissioner Moreno moved to read Code Ordinance #2017-10 by audio. Commissioner Freeman seconded the motion, which carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on December 13, 2017, as follows: 1) Annual Meeting and Final 2018 Budget for Beebe Draw Law Enforcement District Authority Board, 2) Annual Meeting and Final 2018 Budget for Weld County Pioneer Community Law Enforcement Authority District, 3) Annual Meeting and Final 2018 Budget for Southwestern Weld County Law Enforcement Authority District, 4) 2018 Final Budget Hearing, 5) USR17-0049 — DCP Operating Company, LP, and 6) USR17-0050 — DCP Operating Company, LP. Commissioner Moreno seconded the motion, which carried unanimously. El AMENDMENTS TO AGENDA: There were no amendments to the agenda. El 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. 01 Minutes, December 18, 2017 Page 1 2017-4229 BC0016 BIDS: 1) APPROVE BID #B1700145, OPENTEXT APPLICATION XTENDER MAINTENANCE 2018 — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of Information Technology, reviewed the two (2) bids received and stated staff recommends awarding to the low bidder, Business Imaging Systems (BIS), in the amount of $37,456.31. Commissioner Moreno moved to approve said low bid. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 2) APPROVE BID #B1700148, NEMOQ SYSTEM EXPANSION FOR SEW AND SWW — DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose recommended awarding to the sole bidder, NemoQ, for the total five-year cost of $47,134.00. In response to Commissioner Moreno, Mr. Rose stated $3,772.00 is the cost for the annual support for the two (2) branch offices, Southeast Weld and Southwest Weld. Commissioner Kirkmeyer moved to approve said sole bid. Seconded by Commissioner Freeman, the motion carried unanimously. 3) APPROVE BID #61700147, LEGAL NEWSPAPER SERVICES (1/1/2018 THROUGH 12/31/2018) — CLERK TO THE BOARD: Rob Turf, Department of Purchasing, reviewed the details of the two (2) bids received and stated staff recommends awarding to the low bidder, The Greeley Tribune. Commissioner Freeman moved to approve said low bid. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 4) PRESENT BID #B1700149, NUNN FUEL TANK - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf presented the bids received and stated staff will bring back a recommendation on January 3, 2018. NEW BUSINESS: 1) CONSIDER CONTRACT ID #1551 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - RYAN AND AMANDA VISSER: Judy Griego, Director of the Department of Human Services, reviewed the terms of the agreement. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. 0. 2) CONSIDER CHANGE ORDER #3 TO BID #B1700078 CENTENNIAL CENTER SIDEWALKS AND AUTHORIZE CHAIR TO SIGN — GROWLING BEAR COMPANY, INC: Toby Taylor, Director of the Department of Buildings and Grounds, explained the reason for the change order was during construction they discovered the concrete was thicker than what they previously believed. Commissioner Kirkmeyer moved to approve said Change Order #3 and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. 3) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES TO REPLACE WASTE OIL AND ANTIFREEZE UNDERGROUND LINES AT MOTOR POOL SITE AND AUTHORIZE CHAIR TO SIGN — PALMETTO ENVIRONMENTAL GROUP, LLC: Mr. Taylor presented the agreement to allow Palmetto Environmental Group, LLC, to perform Motor Pool site characterization and cleanup. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 4) CONSIDER AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS AND AUTHORIZE ELECTRONIC SUBMITTAL BY THE CLERK TO THE BOARD: Mr. Taylor reviewed the details of the agreement in the amount of $21,047.00 for Court Security. Commissioner Moreno moved Minutes, December 18, 2017 Page 2 2017-4229 BC0016 to approve said agreement and authorize electronic submittal by the Clerk to the Board. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 5) CONSIDER TEMPORARY CLOSURE OF CR 57 BETWEEN CR 66 AND STATE HIGHWAY 392: Amy Joseph, Department of Public Works, presented the details of the closure effective January 2, 2018, through January 5, 2018, to replace an irrigation culvert. She stated staff will use water as dust abatement on the gravel detour route. Commissioner Kirkmeyer moved to approve said temporary closure. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 6) CONSIDER TEMPORARY CLOSURE OF CR 28 BETWEEN CRS 19 AND 21: Ms. Joseph reported the closure effective January 8, 2018, through January 12, 2018, to replace a drainage culvert. Commissioner Moreno moved to approve said temporary closure. The motion, which was seconded by Commissioner Freeman, carried unanimously. El 7) CONSIDER TEMPORARY CLOSURE OF CR14.5 BETWEEN CR 23 AND U.S. HIGHWAY 85: Ms. Joseph reviewed the details of the closure effective January 8, 2018, through January 12, 2018, for a drainage culvert. Commissioner Kirkmeyer moved to approve said temporary closure. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 8) CONSIDER AGREEMENT FOR CONTRIBUTION TO ENVIRONMENTAL STORAGE SPACE WITH THE REALLOCATION POOL FOR THE PRIMARY PURPOSE OF TIMED RELEASES TO ALLEVIATE LOW FLOW CONDITIONS DOWNSTREAM OF CHATFIELD RESERVOIR AND AUTHORIZE CHAIR TO SIGN — THE GREENWAY FOUNDATION: Bruce Barker, County Attorney, stated the County will provide a donation to The Greenway Foundation, which will assist in maintaining the downstream flows. In response to Commissioner Freeman, Mr. Barker stated the donation amount is $112,500.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 9) CONSIDER CANCELLATION OF 2017 OUTSTANDING ACCOUNTS RECEIVABLE FOR THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barb Connolly, Controller, presented the details of the outstanding accounts receivable in the total amount of $9,665.69, which have had no activity in the last six (6) months and need to be cancelled. Commissioner Moreno moved to approve said cancellation of 2017 outstanding accounts receivables. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. 10) CONSIDER BYLAWS FOR WELD COUNTY RETIREMENT BOARD: John Lefebvre, Treasurer, presented the modified bylaws for the Weld County Retirement Board. Commissioner Freeman moved to approve said bylaws. The motion was seconded by Commissioner Moreno, and it carried unanimously. In response to Commissioner Kirkmeyer, Mr. Lefebvre explained why the terms were removed for all members. In response to Commissioner Moreno, Mr. Lefebvre stated there are five (5) members on the Board. He then listed the members and shared their individual knowledge and qualifications they bring to the Board. • 11) CONSIDER BYLAWS FOR WELD FAITH PARTNERSHIP COUNCIL: Mr. Barker stated the only change to the bylaws are the number of terms. Chair Cozad stated there are some inconsistences in the bylaws that she would like to further discuss. Commissioner Kirkmeyer moved to continue said matter to December 27, 2017. Seconded by Commissioner Moreno, the motion carried unanimously. Minutes, December 18, 2017 Page 3 2017-4229 BC0016 12) CONSIDER CREATION OF HUMAN SERVICES ADVISORY COMMISSION: Commissioner Kirkmeyer moved to approve said Creation of Human Services Advisory Commission. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 13) CONSIDER APPOINTMENTS TO HUMAN SERVICES ADVISORY COMMISSION: Commissioner Kirkmeyer moved to approve said appointments. The motion was seconded by Commissioner Freeman, and it carried unanimously. 14) CONSIDER APPOINTMENT TO FAIR BOARD: Commissioner Kirkmeyer moved to approve said appointment. Seconded by Commissioner Moreno, the motion carried unanimously. • 15) FIRST READING OF CODE ORDINANCE #2017-10, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 30 ONSITE WASTEWATER TREATMENT SYSTEMS, OF THE WELD COUNTY CODE: Lauren Light, and Katie Sall, both of the Department of Public Health and Environment, presented the revisions to the Code. Ms. Light stated the Chapter 30 revisions were submitted to the Water Quality Control Division and presented to the Planning Commission on November 21, 2017. Ms. Sall reported they held a public hearing on November 28, 2017, at the Board of Public Health meeting, and sent notices to those affected by the proposed changes but no one from the public attended the meeting. Ms. Light reported the State has 45 days to review it and the proposed effective date would be between April 5, 2018, and May 30, 2018. Mr. Barker confirmed the Code will be effective fifteen (15) days after final reading. No public input was offered concerning this matter. In response to Chair Cozad, Ms. Sall stated the definitions are consistent with the State's language. Commissioner Kirkmeyer moved to approve on First Reading. Seconded by Commissioner Moreno, the motion carried unanimously. PLANNING: • 1) CONSIDER CANCELLATION AND RELEASE OF WARRANTY COLLATERAL FOR MEADOWS ESTATES (PF-1079) - SCHRAGE LIVING TRUST, BY THEODORE SCHRAGE, TRUSTEE: Evan Pinkham, Department of Public Works, presented the request for release of the warranty collateral being held, and stated there is no requirement for road maintenance for the site, because the access is on a State Highway. Commissioner Freeman moved to cancel and release said warranty collateral. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. • 2) CONSIDER RECORDED EXEMPTION, RECX17-0166 - MARIAN HOBBS: Ryder Reddick, Department of Planning Services, reviewed the request from Ms. Hobbs for a two (2) Lot Recorded Exemption on Lot B, and to partially vacate Lot A from the original USR, which was approved for an equine breeding, boarding and training facility. Mr. Reddick stated Anadarko submitted a document stating they are willing to grant the applicant access. Mr. Reddick displayed photos of the site and explained the boundaries of the lot lines. In response to Chair Cozad, Mr. Reddick stated he isn't sure what the access permit is for this site and Public Works is researching this matter. Marian Hobbs, resident of the Town of Hudson, explained that she has lived on this property for twenty-seven years, and if she subdivides the land, she will be able to get better financing and can build a new home in which to retire. In response to Commissioner Kirkmeyer, Ms. Hobbs stated she understands the access is an unmaintained easement road which has never been recorded. Commissioner Kirkmeyer clarified there is no recorded easement to the west of Ms. Hobbs' property. Mr. Reddick reiterated there is no recorded easement to the west of the property and Anadarko owns the property to the north. Commissioner Kirkmeyer stated if this Recorded Exemption is approved, Ms. Hobbs will need to obtain her neighbors' written permission and record the easement. Minutes, December 18, 2017 Page 4 2017-4229 BC0016 Commissioner Kirkmeyer stated she believes there are extenuating circumstances to approve the Recorded Exemption, so that Ms. Hobbs can remain on her property. Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.C and amending COA #1.G and #1.H to delete the following: "net acreage calculations should not include future road right-of-way. In response to Commissioner Kirkmeyer, Ms. Hobbs stated she would purchase an additional tap. Commissioner Kirkmeyer additionally suggested deleting COA #1.J.8.C. Commissioner Moreno stated he agrees with Commissioner Kirkmeyer and thanked Mr. Reddick for his presentation. Chair Cozad explained the extenuating circumstances are the exisitng home on the parcel and the applicant's difficulty obtaining financing. In response to Commissioner Kirkmeyer, Mr. Barker stated the vacation of the USR must be done in a separate process. Commissioner Kirkmeyer moved to approve Recorded Exemption, RECX17- 0166, including today's findings and the amended Conditions of Approval. The motion was seconded by Commissioner Freeman, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2017-10 was approved on First Reading. 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 9:58 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL ADO ATTEST:d„Qt/L) Weld County Clerk to the Board BY y Clerk to the Board Steve Moreno, Pro-Tem EXCUSED Sean P. Conway Freeman ara Kirkmeye Minutes, December 18, 2017 Page 5 2017-4229 BC0016 ATTENDANCE LIST p 7 NAME - PLEASE PRINT ... ADDRESS, CITY, ST, ZIP EMAIL COUNTY RESIDENCE? OF SPEAKING? (Y / N) LEGIBLY Alt r '�13 ,_3' �, G �'� off . �' ` � � r�?�- 2-36 1� U � OG ��1 ��j 'lad/ Hello