HomeMy WebLinkAbout20173873.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 15, 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 15, 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 -Tern
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
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of November 13, 2017, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PROCLAMATIONS:
1) APPRENTICESHIP WEEK, NOVEMBER 13-19, 2017: Chair Cozad read the certificate for the
record recognizing the commitment of the Workforce Development Board and Employment Services who
are committed to the development and expansion of registered apprenticeships to support the local
workforce needs while increasing the talent pipeline. ° = Rich Warner, Executive Director of Upstate
Economic Development and member of the Workforce Development Board, stated the Workforce
Development Board aligns the processes to provide employment stability starting with the youth of the
County. Tami Grant, Director of Employment Services, thanked the groups that have begun
apprenticeships and stated they are exploring a partnership with Aims Community College. Each of the
Commissioners thanked everyone for training the County's workforce and stated it takes a commitment
from the employers, non -profits, Aims Community College and other agencies. The Board stated it is
important to train the workforce and to enable them to join the working population. (Clerk's Note: The
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Board paused the meeting for a photo opportunity.) Chair Cozad introduced Dave Risser, Colorado
Department of Human Services, and thanked him for his contributions to the Board.
El PUBLIC INPUT: No public input was given.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Conway stated the Poudre
Heritage Alliance held their annual retreat. He attended the Town of Milliken's first Veterans celebration
organized, by Mayor Bill Woodcock, and then attended the Recognition Event for Hudson's Mayor,
Raymond Patch. He participated in a NACO Transporation Steering Committee conference call. Lastly,
he had the opportunity to attend the Fall Water Users meeting for the Northern Colorado Conservancy
District. Chair Cozad stated she would be willing to host an event recognizing the leadership and
contributions of Eric Wilkinson, Executive Director of Northern Colorado Water Conservancy District, who
is retiring. Commissioner Freeman extended an invitation to the County Road 49 Project completion
celebration laCommissioner Kirkmeyer stated she enjoyed working with Mayor Patch on the Access
Management Plan for the CR 49 Project. Commissioner Kirkmeyer reported she, Judy Griego, Director
of the Department of Human Services, and Jamie Ulrich, Department of Human Services, met with
Representative Young to discuss legislation for the County with regards to the initiative and expansion of
Foster Care. Ei Commissioner Moreno thanked Commissioners Kirkmeyer and Freeman for presenting
at the Energy Impact Commission. He stated he spoke at, the Carbon Valley Rotary Club meeting.
Chair Cozad stated she and Commissioner Conway attended the U.S. Highway 34 Planning and
Enviromental Linkage Study (PEL) Public meeting. She attended the Hill -N -Park meeting, where Sheriff
Reams discussed law enforcement issues there. Lastly, she attended a couple of Veterans Day events,
including the Veteran's Day celebration at Bittersweet Park in Greeley, Colorado, where MGySgt Brian
Ivers, USMC Retired, gave a moving speech. Commissioner Conway added the South Platte Roundtable
expressed their appreciation to the Commissioners for attending their meeting.
BIDS:
El 1) APPROVE BID #B1700104, DIGITAL SOLUTION FOR VIEWING MICROFILM - DEPARTMENT
OF INFORMATION TECHNOLOGY/DISTRICT ATTORNEY: Ryan Rose, Director of the Department of
Information Technology, stated five (5) bids were received and staff recommends awarding to the low
bidder, DocuTek, to convert Microflim to PDF files, in the amount of $17,903.00. Commissioner Conway
moved to approve said low bid as recommended by staff. The motion was seconded by
Commissioner Moreno and it carried unanimously. Commissioner Moreno mentioned that Mr. Rose was
nominated for the Chief Information Officer through his association.
El 2) PRESENT BID #B1800009, LEASED MOTORGRADER (QTY 1) - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, presented the two (2) bids received and stated staff will
bring back a recommendation on December 4, 2017.
NEW BUSINESS:
El 1) CONSIDER COLLABORATIVE APPLICATION FOR COLORADO WORKS SUBSIDIZED
TRAINING AND EMPLOYMENT PROGRAM (CW STEP) AND AUTHORIZE SIGNATURE BY
DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES: Judy Griego, Director of the Department
of Human Services, reviewed the collaborative application with El Paso, Jefferson, Arapahoe/Douglas,
Boulder and Larimer Counties. She explained this funding will support TANF participants with valuable
work -based learning opportunities. Commissioner Conway moved to approve said collaborative
application and authorize the Director of Human Services to sign. Seconded by Commissioner Moreno,
the motion carried unanimously.
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• 2) CONSIDER CHANGE ORDER #1 FOR JAIL ELECTRONIC CONTROLS (BID #B1700060) AND
AUTHORIZE CHAIR TO SIGN - CML SECURITY, LLC: Toby Taylor, Director of the Department of
Buildings and Grounds, presented the change order necessary to convert this project from the design
phase, to the construction phase. In response to Commissioner Conway, Mr. Taylor stated the project
completion date is about seven (7) months out. Mr. Taylor stated they replace the old system in a
systematic approach with the new system. Commissioner Freeman moved to approve said change order
#1 and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
• 3) CONSIDER CONTRACT ID #1504 TASK ORDER CONTRACT FOR WOMEN'S WELLNESS
CONNECTION CLINICAL SERVICES AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director
of the Department of Public Health and Environment, presented the contract for the program which
provides low-income, uninsured and underserved women with diagnostic services to detect and treat
breast and/or cervical cancer. Commissioner Conway moved to approve said task order contract and
authorize the Chair to sign. The motion was seconded by Commissioner Moreno and it carried
unanimously.
• 4) CONSIDER CONTRACT ID #1505 TASK ORDER CONTRACT FOR TOBACCO RETAIL
INSPECTION CONTINUATION AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace reviewed the terms of
this contract for a full-time position to assist with inspections of tobacco retailers'. He explained the
program checks to see if the retailer will sell tobacco to minors, and if their tobacco advertising is within
the guidelines. He stated the prevention program is to keep youth from using tobacco. In response to
Commissioner Conway, Dr. Wallace stated the percentage of tobacco use is lower than in previous years.
Commissioner Moreno moved to approve said task order contract and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
IR 5) CONSIDER APPOINTMENTS TO WELD COUNTY EMERGENCY MEDICAL/TRAUMA
SERVICES COUNCIL: Commissioner Conway moved to approve said appointments. The motion, which
was seconded by Commissioner Freeman, carried unanimously.
• 6) CONSIDER APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY REVISED ACCESS PERMIT, AP17-00438 FOR RECORDED EXEMPTION, RECX17-0131 AND
RECX17-0132 - NCL INVESTMENTS, LLC: Elizabeth Relford, Department of Public Works, stated
Access Permit, AP17-00088, was issued on March 13, 2017, for a four (4) lot Recorded Exemption. The
applicant is requesting a revision under AP17-00438, stating they no longer want to share the access
point for Lot A, but request this lot have its own access point. Ms. Relford explained the intent is for each
lot to have its own access and then displayed photos of the existing oil and gas access along County
Road (CR) 84. Ms. Relford stated the applicant has changed the size and boundary lines for the lots and
explained the reason the access point has not been permitted is there is a hill which is creating a sight
distance safety concern. In response to Chair Cozad, Ms. Relford stated the Average Daily Traffic (ADT)
count for CR 84 from 2015, is 85 vehicles, with 20 percent truck traffic.
E Commissioner Freeman clarified the access along CR 84 is for a pumping station for a natural gas
pipeline and is only used a couple times a year.
Ms. Relford pointed out the position of the hill in relation to the intersection and access point and
explained staff is recommending a shared access between Lots A and B. She stated the applicant may
have to construct an internal drive. Ms. Relford explained there should be a sight distance of 550 feet for
a 55 mph passenger vehicle, for trucks it should be 715 feet, and semi trucks it is 935 feet for entering
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the roadway safely. Because of this, staff is recommending no more than two (2) access points along
CR 84.
• Michael Hall, Department of Planning Services, stated there was orginally a four lot Recorded
Exemption. In July, 2017, the applicant applied for two (2) amendments, to amend the one that was just
recorded and to the old Lot A. In response to Chair Cozad, Mr. Hall stated the amendments were to
adjust the internal lot lines.
Ei Chair Cozad clarified the shared access between Lots A and B of RECX17-0132 and Lot A of
RECX17-0131 had its own access. In response to Chair Cozad, Ms. Relford stated there wasn't a formal
access permiting process when the original Lot A of RE -427 was granted; however, it would have been
an unwritten understanding that the lot had access in general. Chair Cozad reiterated the applicant was
recently approved to amend and move the lot lines over and widen the other lots. Ms. Relford stated they
now want four (4) access points along on CR 84, although the Department of Public Works staff only
issued three (3) points.
In response to Commissioner Kirkmeyer, Ms. Relford stated access permits were issued for Lot B
of RECX17-0132 and wanted it to line up with the existing driveway. One was issued for Lot A of
RECX17-0131 and the two (2) on CR 27. Chair Cozad clarified the Lot had an access point it which was
never constructed and the old Recorded Exemption didn't change.
• Commissioner Freeman stated currently there are no constructed accesses on CR 84, other than
the oil and gas access.
litA In response to Commissioner Conway, Ms. Relford explained the spacing between the lots and
stated after further review, it was decided that the access point located at the corner of Lot A for
RECX17-0132 needs to be removed because it not safe. She explained currently it is an oil and gas
access and shouldn't be converted into a residential access.
• Ms. Relford stated the access that is being used for oil and gas access is not permitted, and should
be left alone and not permitted as a residential access.
le Tim Naylor, AGPRofessionals, explained the surveyor confirmed the oil and gas access is on NCL
Investments, LLC, property and is on the plat. He stated the applicant is requesting individual accesses
for each lot. He further stated Recorded Exemption, RE -427, has a Special Use Permit for a dairy and
there is an access centrally located on the lot. He explained the applicant submitted a Recorded
Exemption (RECX17-0012) to create the four (4) lots and then later amended the RE to correct Lot C of
RECX17-0132 and incorporate the parcel across the ditch to the north into Lot A of RECX17-0131. He
confirmed he was informed by staff that Lot D had an access, but said it could be closed and moved. He
said although the access permits were denied for safety concerns, the applicant has met all the safety
requirements and the accesses are 450 feet apart. He reported the accesses have sight distances over
550 feet and he recommends the access in the far west corner be moved central to Lot A for safety
reasons. In response to Commissioner Kirkmeyer, Mr. Naylor stated there was never an access
constructed for the original RE -427.
IE In response to Commissioner Conway, Mr. Naylor confirmed the accesses that have been requested
are spaced 450 feet apart and he submitted Exhibit A.
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In response to Chair Cozad, Mr. Naylor stated the applicant is willing to share access with Lot D, but
a portion of the access is cut off because of the ditch that runs through it. Because of this, the lot will not
be frequently accessed. He stated he would be satisfied if they are granted an Agricultural Access for
Lot D.
Commissioner Conway clarified the applicant is willing to move the access on Lot D where the
spacing will be 350 feet, but the applicant is also willing to share an access for Lots B and D of
RECX17-0132.
as In response to Commissioner Kirkmeyer, Mr. Naylor asked the applicant would be willing to share
an access between Lots B and D; however, sharing an access between the two (2) Lot A's would not be
feasible for future property owners to build the extra length of road, and ultimately the reason the applicant
wants the additional accesses is because they are selling the property. Commissioner Freeman
explained Lot A of RECX17-0131 should have its own Residential access, but shift it as for to the east
as possible for improved sight distance. In response to Mr. Naylor, Ms. Relford clarified the access will
not be located at the top of the hill, but would be between the first and second hill. Chair Cozad proposed
Lot A of RECX17-0131 have an eastern access, Lots A and B of RECX17-0132 share an access, and
Lot D be allowed an Agricultural access. Mr. Naylor still questioned why shared access are required on
a roadway with a low ADT of 85 vehicles. Chair Cozad stated it is best to reduce conflict and have shared
accesses when possible.
Commissioner Conway suggested shifting the accesses east would still accomplish the spacing
requirements while still allowing individual accesses. In response to Commissioner Kirkmeyer, Mr. Naylor
confirmed the Lateral Ditch does not create a lot split.
Commissioner Kirkmeyer reiterated she would agree to grant Lot A of RECX17-0131 its own access
in the safest location, Lots A and B of RECX17-0132 would have a shared access, and Lot D would be
allowed to have an Agricultural access off CR 84.
Mr. Naylor reiterated he would like to forego the Agricultural access for Lot D along CR 84, since it
alrady has an access to the south, and then grant each of the remaining lots an individual access with
the appropriate spacing. Chair Cozad and Commissioners Freeman and Kirkmeyer agreed Lot D should
have an Agricultural access, otherwise a ditch crossing would be required.
El Commissioner Freeman stated he agrees with the recommendations made by Chair Cozad to permit
Lot A of RECX17-0131 to have an eastern access, Lots A and B of RECX17-0132 share an access, and
Lot D be allowed an Agricultural access. Commissioner Kirkmeyer agreed. Ms. Relford stated staff
would support, acknowledging the proper locations wll address the safety concerns and limit the number
to three.
In response to Commissioner Conway, Ms. Relford clarified AP17-00438 allowed the existing oil and
gas access on CR 84 located 230 feet from County Road 27 for Lot A of RECX17-0131, one (1) shared
access between the two Lot A's for RE17-0132 and RE17-0131 approximately 1,220 feet east of CR 27,
and the shared access between Lots B and D of RECX17-00132 approximately 2,010 feet east of CR 27.
She stated staff revisited the area and saw how dangerous the access was located only 230 feet from
the intersection, therefore, they determined it should be revoked and leave the two shared accesses.
Chair Cozad clarified the recommended access points proposed by the Board and reiterated Lot D can
have an Agricultural access of CR 84.
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ti Bruce Barker, County Attorney, stated the language for the motion should be to Grant in part, and
Deny in part, the appeal. He stated the Board is granting the three (3) accesses and denying the
requested fourth access, and it should be noted the access to Lot D would be agricultural only.
Commissioner Freeman clarified the oil and gas access sould be allowed to remain, there would be two
shared residential accesses, and one agricultural access for Lot D.
• Commissioner Kirkmeyer moved to Grant in part, and Deny in part, the Appeal of the Decision by
the Department of Public Works concerning AP17-00438, as follows: Deny the revised access permit as
requested by the Appellant and give direction to staff to issue one (1) oil and gas access as it currently
exists; one (1) residential access to Lot A of RECX17-00131 to be located at a point further east to meet
sight distance requirements; one (1) shared residential access between Lots A and B of RECX17-00132;
and one (1) agricultural access to Lot D of RECX17-00132, all off of CR 84. The motion was seconded
by Commissioner Moreno.
IE In response to Commissioner Moreno, Mr. Naylor clarified his understanding of the locations of the
approved accesses and pointed them out on the map.
• Upon a roll call vote, the motion passed four to one, with Commissioner Conway opposed.
• Commissioner Conway clarified the exact location of the access points, particularly on Lot A of
RECX17-0131, will be at the discretion of staff to meet the sight distance requirements, which was
acknowledged by Ms. Relford.
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 10:46 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CUNTY, CO RADO
ATTEST: d ) w xLto;g1
Weld County Clerk to the Board
BY
y Clerk to the Board
Steve Moreno, Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conway
3
arbara Kirkmeyer
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