HomeMy WebLinkAbout20174257.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 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, December 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 -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer — arrived at 9:05 a.m.
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of December 18, 2017, as printed. Commissioner Freeman seconded the
motion, and it 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 Moreno seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) HOLIDAY CELEBRATION FOR KINSHIP AND FOSTER FAMILIES: Heather Walker,
Department of Human Services, thanked the Board of County Commissioners, Jennifer Finch, Public
Information Officer, Megan Garziano, Office of Public Information, and the Department of Information
Technology, County Attorney's Office, Department of Human Resources, and Clerk to the Board for the
support and donations to fill the stockings. Toi Edwards, Department of Human Services, expressed her
appreciation to everyone involved in the donations for the stockings and the overwhelming support from
the community. She stated staff begins planning for this in August and they still have gifts to deliver to
the foster families. Veronica Cavazos, Department of Human Services, thanked her staff for their hard
work and dedication. Each one of the Commissioners expressed their appreciation for the hard work in
sharing and caring of our Weld County Foster Families and thanked them for their loving support of the
children and their families and for going above and beyond their normal duties.
(Clerk's Note: Commissioner Kirkmeyer arrived at 9:05 a.m.)
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PUBLIC INPUT: No public input was given.
COMMISSIONER COORDINATOR REPORTS: Commissioner Moreno attended the Small
Business Development meeting (SBDC) the previous week. He reported the Migrant Christmas Party
was a success,where they had eight (8) individuals who dressed up as "Santa Clause". He stated this
event celebrated twenty (20) years this year. Commissioner Kirkmeyer extended her thanks to Senator
Gardner for meeting with the Board to discuss transportation issues and projects in Northern Colorado.
She also attended a meeting with Representative Young and the Department of Human Services staff
and stated she appreciates the hard work and knowledge of Jamie Ulrich, Deputy Director of the
Department of Human Services, regarding Foster Care legislation and codes. Commissioner Freeman
attended the Department of Public Works Safety Day and he thanked them all for the hard work they do
behind the scenes. Chair Cozad participated in the Wreaths Across America ceremony at Linn Grove
Cemetery. She reported also attending the County Council meeting where she gave a report on all the
great things going on in the County. Lastly, she had a meeting with Cheri Witt -Brown, Executive Director
of with Habitat for Humanity, to discuss the Hill -N -Park subdivision revitalization.
BIDS:
1) APPROVE BID #B1700146, PROXIMITY DOOR SYSTEM UPGRADE - DEPARTMENT OF
BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, presented the twelve (12) bids
received and requested a continuance of this matter to January 24, 2018. Commissioner Moreno moved
to continue said matter to January 24, 2018. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously.
2) PRESENT BID #B1700129, PERMANENT FLOOD REPAIRS (EM -BR -54/13A) -
DEPARTMENT OF PUBLIC WORKS: Mr. Turf presented the eleven (11) bids received and stated staff
will bring back a recommendation on January 3, 2018.
NEW BUSINESS:
1) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2018 AND AUTHORIZE
CHAIR TO SIGN: Christopher Woodruff, Assessor, reviewed the 2018 Certification of Tax Levies and
Revenue report to the State of Colorado which certifies mill levies and the revenues that result from them.
He stated it is part of the process to create the tax roll and deliver it to the Treasurer's Office. Mr. Woodruff
stated the total amount of revenue being generated by property tax for all entities is $687,614,270.00.
Commissioner Kirkmeyer moved to certify said tax levies and revenue for 2018, and authorize the Chair
to sign. Seconded by Commissioner Freeman, the motion carried unanimously. Commissioner Moreno
thanked Mr. Woodruff for spreading holiday cheer and joy to the children as "Santa".
2) CONSIDER CONTRACT ID #1576 AGREEMENT CONCERNING PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 53 AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS — TERRY VIDER: Clay Kimmi, Department
of Public Works, presented the agreement for a temporary construction easement for improvements to
the County Road 53 Bridge, for a total amount of $222.00. Commissioner Freeman moved to approve
said agreement and authorize the Chair to sign all necessary documents. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
3) CONSIDER CONTRACT ID #1577 AGREEMENT CONCERNING PURCHASE OF PUBLIC
ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - ROSE ROCK MIDSTREAM CRUDE, LP: Mr. Kimmi reviewed the
agreement for the acquisition of additional right-of-way that Interstate Highway Construction needs for
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drainage work. He reported Interstate Highway Construction will pay Rose Rock Midstream the amount
of $500.00. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign
all necessary documents. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
PLANNING:
1)CONSIDER APPEAL OF LAND USE APPLICATION FEE ASSESSED BY DEPARTMENT OF
PLANNING SERVICES CONCERNING EXPANSION OF USR-1092 (MUSR14-0014) - OPAL FOODS,
LLC: Tom Parko, Director of the Department of Planning Services, presented the appeal for the land use
application fees associated with a poultry facility to increase the number of birds. He stated the applicant
requests a waiver of the fee, believes the fee is excessive and would like the Commissioners to review
alternatives to the application fee. Mr. Parko presented an escrow plan to hold $10,000.00 where the
Planning staff would keep track of time spent on the application process and draw from the funds. If there
is a balance remaining, it would be refunded to the applicant. He stated the applicant would be expected
to replenish the funds, if the project exceeds the initial balance.
In response to Commissioner Kirkmeyer, Mr. Parko stated the appellant's request is for an increase
of 2,970,000 birds. He stated in 1995, USR-1092 was approved for 1.4 million birds. Then in 2014, it was
amended to 1.53 million birds. This proposal would increase the number to 4.5 million birds. Mr. Parko
reviewed how the staff calculated the $28,915.00 application fee.
Commissioner Kirkmeyer stated she thought the full amount of the fee went into the escrow fund
and then it was refunded later. She then asked the County Attorney if it was possible to collect an amount
that is less and keep billing as needed. Bruce Barker, County Attorney, stated the provision was set-up
with a standard fee mainly for landfills. Mr. Barker suggested the way the escrow should be established
is to look at how much time processing of the application will take, and that would be the amount the
department should be compensated.
In response to Commissioner Kirkmeyer, Mr. Baker stated the Board would be able to accept a
lesser fee and bill later if the amount exceeds $10,000.00.
Mr. Parko stated he couldn't calculate the amount of time this major amendment would take. He
stated there has been some discussion about modifying the entire fee schedule in the next year. He
explained the closest comparison would be the dairies that have been processed more frequently, and
he believes that the $10,000.00 would be an adequate amount to start.
Tim Naylor, AGPROfessionals, on behalf of Opal Foods, LLC, stated the appellant does not agree
with the amount of the application fee believes they are excessive and indicated for a Confined Animal
Feeding Operation (CAFO), they are a mainstay of Weld County. Mr. Naylor stated the applicant is willing
to reimburse the County for the expenses to process the application. Commissioner Kirkmeyer clarified
there will be at least a base amount determined for the escrow. In response to Commissioner Kirkmeyer,
Mr. Naylor stated the $10,000.00 fee was submitted because it is the uppper limit of most USR fees.
ez Commissioner Kirkmeyer moved to approve said appeal of the land use application fee and accept
the upfront funds in the amount of $10,000.00 to be held in escrow, with the provision that the appellant
pay more if the cost to process the application exceeds the initial amount. Any overage will be refunded.
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. No Ordinances were approved.
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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 9:44 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CNTY, COLORADO
ATTEST: ddMv.t),
Weld County Clerk to the Board
Ju ie A. Cozad, Chair
the BoarEXCUSED
Sean P. Conway
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
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