HomeMy WebLinkAbout20173921.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 20, 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, November 20, 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
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Chloe A. Rempel
Controller, Barbara Connolly
MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of November 15, 2017, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on November 15, 2017, as follows: 1) USR17-0040 — Green River Devco, LP, and
2) USR17-0039 - Sharon McDonald Trust, c/o David Goracke. Commissioner Freeman seconded the
motion, which carried unanimously.
le AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
I` 1II/xO17
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PRESENTATIONS:
1) LIFE SAVING AWARDS, SHERIFF'S OFFICE - JAHN CLARK, NICHOLAS KOLLATH, AND
RODNEY MARTINEZ: Steve Reams, Sheriff, presented Life Saving Awards to Deputies Clark, Kollath,
and Martinez for proactive and excellent service to the Weld County Sheriff's Office. Sheriff Reams
recognized Jahn Clark and Nicholas Kollath for responding to an attempted suicide, for which they
performed CPR, resulting in full recovery of life. He also recognized Rodney Martinez for administering
abdominal thrusts to dislodge an item blocking an inmate's airway. Deputy Martinez is directly responsible
for saving the inmate's life. Sheriff Reams heralded the importance of recognizing the great things law
enforcement officers do for their communities. The Commissioners all expressed their gratitude to
Sheriff Reams for bringing attention to the wonderful actions of his deputies who went above and beyond.
(Clerk's Note: The Board paused the meeting for a photo opportunity.)
. = 2) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - ROBERT ROBERTS: Chair Cozad read
the certificate for twenty-four (24) years of service to the Weld County Sheriff's Office. Sheriff Reams
spoke to Mr. Robert Roberts' character, and stated he started as a Detention Deputy, and eventually
worked as a Patrol Deputy and a Detective. Mr. Roberts thanked Weld County for the opportunity to serve
the Sheriff's Office and the citizens of Weld County. The Commissioners all thanked Mr. Roberts for his
service, commended his heroism, and wished him well in retirement. The Commissioners and Sheriff
Reams also thanked Mrs. Toni Roberts for the support she offered her husband throughout his career.
(Clerk's Note: The Board paused the meeting for a photo opportunity.)
1O.1
PUBLIC INPUT: Jim Vitale, County resident, spoke regarding item number one (1) on the agenda
under the heading of Old Business: Petition for Vacation of Road Right -of -Way — Rose Hojio. Mr. Vitale
stated that he is not addressing the right-of-way issue itself, but is concerned with the City of Evans'
referral response. The City of Evans is asking the Commissioners to extend 47th Avenue, which
Mr. Vitale considers to be disastrous to the neighborhood because it would extend traffic to the
Hill- N- Park and Neville's Crossing Subdivisions. Mr. Vitale asked the Commissioners to closely consider
this item when it comes before them. The Commissioners thanked Mr. Vitale for attending today's
hearing.
BIDS:
El 1) APPROVE BID #61700105, INMATE TELEPHONE SERVICES - SHERIFF'S OFFICE AND
DEPARTMENT OF JUSTICE SERVICES (CONT'D FROM 11/13/2017): Rob Turf, Department of
Purchasing, reviewed the four (4) bids received and stated staff recommends awarding to Securus
Technologies, Inc. Chair Cozad stated this item was reviewed at a work session last week. In response
to Commissioner Kirkmeyer, Mr. Turf confirmed that the supporting documentation for the bid would be ,
given to the Clerk to the Board to be added to the file in the Tyler Software. Commissioner Kirkmeyer
moved to approve said bid. The motion was seconded by Commissioner Conway, and it carried
unanimously. Commissioner Conway thanked the Sheriff's Office for their diligence. Chair Cozad said
the rates for the people using these services have decreased, and she thanked staff.
El 2) APPROVE BID #B1700141, TREE DISPOSAL SERVICES - DEPARTMENT OF PUBLIC
WORKS: Mr. Turf reviewed the three (3) bids received and said staff recommends awarding to the low
bid of $15,598.00 from Oxford Recycling, Inc., for tree disposal at the East Davis site, and low bid of
$4,000.00 from Aesthetic Alternative Recycling for tree disposal at the Hokestra Gravel Pit.
Commissioner Freeman moved to approve said bids for the specified sites. Seconded by Commissioner
Moreno, the motion carried unanimously.
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3) APPROVE BID #B1700142, ROOF REPLACEMENT (PROBATION BUILDING) -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Turf reviewed the seven (7) bids received, and
after further clarification, stated staff recommends awarding to the low bidder, Select Roofing Contractors,
for the amount of $39,776.00. Commissioner Conway moved to approve said bid. The motion, which was
seconded by Commissioner Kirkmeyer, carried unanimously.
4) PRESENT BID #B1700143, COURT SECURITY SCREENING - SHERIFF'S OFFICE: Mr. Turf
presented six (6) bids received and stated staff will review and present a recommendation on December
4, 2017. Commissioner Conway stated a similar bid was reviewed in years past, and recommended staff
review the prior occurrence before recommendation.
OLD BUSINESS:
1) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR RIGHT-OF-WAY
- ROSE HOJIO (CONT'D FROM 11/6/2017): Frank Haug, Assistant County Attorney, and Tiffane
Johnson, Department of Public Works, presented a request for vacation of a portion of County road
right- of -way, which was continued from November 6, 2017, to allow the City of Evans further time to
submit a referral response. Mr. Haug informed the Board that the City of Evans is in opposition to this
vacation. Per Weld County Code Section 17-7-30 and Colorado Revised Statute 43-2-303(1)(d), if the
proposed vacated right-of-way constitutes a border between a county and a neighboring municipality, the
vacation requires consent from both the county and the neighboring municipality. Mr. Haug advised the
Commissioners that approving the vacation of this portion of right-of-way without the consent of the City
of Evans would not likely be a legally valid vacation. Mr. Haug informed the Board that the neighboring
property owner, Craig Mincic, is also in support of the vacation. Ms. Hojio and Mr. Mincic have been
maintaining the right-of-way and would like to fully utilize the space, and are opposed to the potential of
a road being built within that right-of-way. Mr. Haug reviewed the location of the proposed vacated
right- of -way, parallel to the residences of Ms. Hojio and Mr. Mincic.
Mr. Haug stated although staff sent multiple referral requests, the only response was received
from the City of Evans, who objects to this vacation because there is a water pipeline within the
right- of- way, and the right-of-way allows for future road connectivity so the City of Evans is interested
in partnering with the County to build a road within the right-of-way in the future. The right-of-way borders
the City of Evans by approximately thirty (30) feet on the southwest corner. In response to Chair Cozad,
Ms. Johnson stated that, in conjunction with the City of Evans Transportation Plan, she believes the City
of Evans considers this portion of right-of-way essential for the connection of 47th Avenue to the north
and south of the proposed vacated right-of-way. In response to Commissioner Conway, Mr. Haug
confirmed the City of Evans would not be able to build a road on County property without the approval of
the Weld County Commissioners.
Commissioner Kirkmeyer asked clarifying questions about the location of the right-of-way, and
according to statute, what constitutes the definition of "border" when considering whether or not the City
of Evans directly borders the right-of-way in question. Mr. Haug confirmed that any portion of land under
the jurisdiction of the City of the Evans that directly connects to the right-of-way constitutes bordering.
After futher discussion, Commissioner Freeman and Mr. Haug concluded that the Board could vacate a
portion of the right-of-way, excluding one (1) foot of the southern border.
At the Board's request, Rose Hojio, County resident, provided insight about the motivation
behind filing the petition. Chair Cozad stated she attended a neighborhood meeting with residents of the
surrounding neighborhoods, and traffic throughout this area was discussed. Commissioner Conway
concurred with the statements made by both Ms. Hojio and Chair Cozad. To clarify, Mr. Haug stated the
ownership interest Weld County currently has in the right-of-way would not continue if the right-of-way
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was vacated. The property owner, Ms. Hojio, would then own the right-of-way and Weld County would
no longer have a vested interest.
le Mike Young, County resident, stated he is strongly opposed to the potential of a road being built
in the right-of-way because extra traffic throughout the area would directly impact the dam that he
maintains. In reponse to Chair Cozad, Mr. Young informed the Board that Arrowhead Subdivision
maintains the roads within the subdivision itself, but he personally is responsible for maintaining the dam.
In response to Commissioner Conway, Mr. Young stated that he does not have comments about vacating
the right-of-way, but rather is just speaking to the potential of a road being built within the right-of-way.
After further discussion by the Commissioners, Jim Vitale, County resident, asked if the right-
of- way was vacated, would the City of Evans be obligated to consult Weld County before building a road
in the right-of-way. Chair Cozad informed Mr. Vitale that the City of Evans would negotiate with the
property owner, but because under these circumstances it would be a private property issue, approval
would not be necessary by the Weld County Board of Commissioners. Commissioner Kirkmeyer
confirmed that if the right-of-way continues to exist, then the City of Evans has the potential to annex the
right-of-way. In response to Chair Cozad, Mr. Vitale stated he supports the vacation.
In response to Chair Cozad, Mr. Haug informed the Board that the land acquired from the
vacation of the right-of-way would all be incorporated into Ms. Hojio's plot because it currently lies fully
within her property. If the Board chooses to vacate a portion of the right-of-way, Mr. Haug commented
that he is not aware of any Colorado case law that currently prohibits that action; however, the Board
would need to maintain the utility easements.
Commissioner Kirkmeyer moved to amend the resolution to reflect in the second "Whereas" that
the requesting vacation is approximately 259 feet of right-of-way adjacent to the parcel, as listed. After
being seconded by Commissioner Conway, Commissioner Kirkmeyer requested further discussion.
Commissioner Kirkmeyer stated the 30 feet of right-of-way that borders the City of Evans is negligible.
Commissioner Kirkmeyer stated she served on the Board of County Commissioners when the Arrowhead
Subdivision was being developed, and 47th Avenue was never intended or anticipated to continue further
north because of the floodplain and dam. After further discussion, the motion carried unanimously. In
response to information provided by Ms. Johnson concerning reservation right-of-way, Commissioner
Kirkmeyer moved to amend the resolution to add an additional "Whereas" to state, "The Board of Weld
County Commissioners does not recognize the 20 feet of road right-of-way reservation per SE -645."
Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Kirkmeyer then
moved to approve the amended resolution. Seconded by Commissioner Conway, the motion carried
unanimously.
NEW BUSINESS:
1) CONSIDER CONTRACT ID #1482 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - COLORADO THERAPY HORSES BY HUMAN INTERPERSONAL
SERVICES, INC., AKA HIS, INC.: Karin McDougal, Assistant County Attorney, presented the agreement
for non -riding equine therapy for children aged twelve (12) and older. Commissioner Kirkmeyer moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner
Conway, and it carried unanimously. Chair Cozad thanked the staff from Colorado Therapy Horses for
attending the hearing.
2) CONSIDER AGREEMENT AMENDMENT #1 FOR DIRECT VICTIM SERVICES AND
AUTHORIZE CHAIR TO SIGN: JoAnn Holden, Director of Victim Services, presented the amendment to
recontract for year two (2) of a Victims of Crime Act (VOCA) grant for direct victim services. The Colorado
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Division of Criminal Justice contacted applicants about adding -in an indirect cost of $9,529.00, which will
be matched by a Victims Assistance and Law Enforcement (VALE) grant. The total amount for approval
is $104,822.00. Commissioner Conway moved to approve said amendment and authorize the Chair to
sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. Commissioner
Conway thanked staff for their work on this grant.
3) CONSIDER ACCEPTANCE OF DEED OF DEDICATION FOR PUBLIC ROAD RIGHT-OF-WAY
AND AUTHORIZE CHAIR TO SIGN - PETROCCO FAMILY, LLLP: Tiffane Johnson, Department of
Public Works, presented a deed of dedication with Petrocco Family, LLLP, for off -site improvements
relative to the Weld County Industrial Park Subdivision. Commissioner Kirkmeyer moved to accept said
deed of dedication and authorize the Chair to sign. Seconded by Commissioner Conway, the motion
carried unanimously.
▪ 4) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE GRANT AGREEMENT FOR CR
67 IMPROVEMENT PROJECT AND AUTHORIZE CHAIR TO SIGN: Commissioner Kirkmeyer moved to
approve said grant agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
OLD BUSINESS (PLANNING):
• 1) CONSIDER ACCEPTANCE OF HIGHLAND FARMS SUBDIVISION INTERNAL ROADS FOR
FULL MAINTENANCE (CONT'D FROM 11/6/2017): Jay McDonald, Director of Public Works, presented
a request for the acceptance of Highland Farms Subdivision internal roads for full maintenance, which
was continued from November 6, 2017, and requested the Board deny the request. Mr. McDonald stated
due to a lack of a resolution, the County does not currently have a responsibility to maintain the roads
within this subdivision. The Department of Public Works is currently at the limit for subdivision roads
maintained in the existing infrastructure, and maintaining new subdivision roads decreases the
Department's ability to maintain sectionline County roads. Mark Williams, Vice President of Highland
Farms Homeowners' Association, and Robert Bulthaup, Manager of Highland Farms Acquisition, LLC,
stated their position in support of the County maintaining the internal roads. Mr. Bulthaup recounted the
process of the Improvements Agreement for the construction of the subdivision roads, and at the time,
he believed that the County would maintain those roads once they were constructed. Chair Cozad read
a statement about the Homeowners' Association being responsible for maintenance, and Mr. Bulthaup
said he completed a Planned Unit Development (PUD) to transfer maintenance responsibilities to the
County once the Improvements Agreement was completed. Commissioner Freeman expressed his
understanding of the confusion between County maintenance of the roads, and the collateral released
once the roads were built. Commissioner Freeman confirmed that the resolution released the collateral
back to Mr. Bulthaup. After further discussion, Commissioner Freeman informed Mr. Bulthaup that
despite the collateral being released, a formal resolution to accept a subdivision for maintenance is still
necessary. Mr. Bulthaup stated he agrees that there is not a resolution accepting the subdivision for
County maintenance. In response to Chair Cozad, Mr. Haug and Bob Choate, Assistant County
Attorneys, stated County roads can be accepted for public use, but that does not imply that the County
is responsible for maintenance.
fig Mr. Bulthaup read a passage from the Improvements Agreement from August 15, 2005, which
stated, "...the Board of County Commissioners shall accept the streets as public facilities and County
property and shall be responsible for the full maintenance of said streets including repair." After further
discussion, Chair Cozad and Mr. Haug provided some clarifying information about the above statement
being part of an overarching clause; the statement cannot be considered alone. Commisisoner Kirkmeyer
recited the full paragraph described, and explained that if the County Engineer finds that the roads were
constructed according to County standards, upon receipt of the positive unqualified recommendation
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from the County Enginner for acceptance of streets within the development, then a resolution could be
drafted for the Board to accept the roads for County maintenance. Commissioner Kirkmeyer stated there
is no record of the County Engineer bringing a recommendation for acceptance of maintenance before
the Board. Mr. McDonald disclosed that Mr. Bulthaup is referring to an Improvements Agreement from
August 15, 2005, but an Improvements Agreement came before the Board a month later on
September 12, 2005, and in item 9.9 of that document, the sentence referring to County maintenance
was struck through. Mr. Choate stated that staff does not believe the County has any contractual
obligation to maintain these roads.
Commissioner Freeman stated the County did not pass a resolution to accept maintenance of
these roads, and the County's overall responsibility is to maintain the public road system, which doesn't
include roads that are inside subdivisions; the County needs to put its resources where the public roads
are. Commissioner Freeman moved to deny the request for acceptance of Highland Farms Subdivisions'
internal roads for full maintenance, and the motion was seconded by Commissioner Moreno. In the event
of a major disaster, Commissioner Moreno expressed that the County would take into consideration the
needs of the subdivision. Commissioner Kirkmeyer reiterated the intention behind the Improvements
Agreement, and apologized if the Highland Farms Subdivision felt there was any confusion.
Commissioner Conway concurred that there is no contractual obligation to accept the roads for
maintenance, and expressed sympathy about any confusion. Chair Cozad also expressed the same
sentiments of her fellow County Commissioners. With all Commissioners being in concurrence, the
motion carried unanimously.
PLANNING:
i 1) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY
SPECIAL REVIEW PERMIT #686 - MILE HIGH DAIRY, LLC, AND MARTIN BANGMA AND JOHANNA
BANGMA 1989 TRUST: Chris Gathman, Department of Planning Services, presented an agreement for
the cancellation and release of collateral for Amended Use by Special Review Permit #686 for Mile High
Dairy, LLC, and Martin Bangma and Johanna Bangma 1989 Trust. Mr. Gathman stated that per the
Probable Cause hearing held on February 8, 2017, a modified Improvements Agreement was necessary
to incorporate a six (6) foot screening fence in lieu of trees. With the conditions of the Improvements
Agreement met, Mr. Gathman recommended full release of collateral. Commissioner Freeman moved to
approve said cancellation and release of collateral. The motion, which was seconded by Commissioner
Conway, carried unanimously.
le 2) SECOND READING OF CODE ORDINANCE #2017-08, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST,
CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 29 BUILDING REGULATIONS,
OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2017-08
by title only. The motion was seconded by Commissioner Conway, and it carried unanimously. Tom
Parko, Director of Planning Services, presented the Second Reading of code ordinance #2017-08, and
stated that no changes were made from First Reading to Second Reading. Commissioner Kirkmeyer
moved to approve said ordinance on Second Reading. Seconded by Commissioner Moreno, the motion
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2017-08 was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
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There being no further business, this meeting was adjourned at 10:44 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d‘ttifiet) .4/104;ok
Weld County Clerk to the Board
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BY: e,
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uty Clerk to the Board
CJ ' -ACozad,
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Chai l
Steve Moreno, Pro -Tern
EXCUSED DATE OF APPROVAL
Sean P. Conway
Minutes, November 20, 2017
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