HomeMy WebLinkAbout20171795.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 19, 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, June 19, 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, Stephanie Frederick
Controller, Barbara Connolly
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of June 14, 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 June 14, 2017, as follows: 1) USR17-0018 — Harold and Linda Amerin, Jr., and
2) COZ17-0004 — Hill Industries, LLC. Commissioner Freeman seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
BIDS:
1) APPROVE BID #B1700102, KITCHEN/STORE ROOM REMODEL - DEPARTMENT OF
BUILDINGS AND GROUNDS: Barb Connolly, Controller, stated staff recommends awarding to Kilgore
Construction the low bid of $43,600.00. Commissioner Freeman moved to approve said low bid. The
motion was seconded by Commissioner Kirkmeyer and it carried unanimously.
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NEW BUSINESS:
IE 1) CONSIDER THREE (3) STANDARD FORMS OF AGREEMENTS, FOR VARIOUS OUT -OF -
HOME PLACEMENT SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN AGREEMENTS
CONSISTENT WITH SAID FORMS: Judy Griego, Director of the Department of Human Services, stated
these are three (3) Standard Forms of Agreement templates and the Cost of Living Increase for the
providers. Commissioner Kirkmeyer moved to approve said Standard Forms of Agreements and Cost of
Living Rate Increase and authorize the Chair to sign future agreements with said forms. Seconded by
Commissioner Moreno, the motion carried unanimously.
2) CONSIDER 2017-2018 CHILD WELFARE RESPITE CARE CONTRACT PROVIDER LIST AND
RATE: Ms. Griego presented the list of twenty-five certified providers who will provide up to four (4) hours
per week per child of respite care at a rate of $16.75 per four (4) hour period. Commissioner Freeman
moved to approve said contract provider list and rate. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
El 3) CONSIDER BYLAWS FOR ADULT PROTECTION COMMUNITY TEAM AND AUTHORIZE
CHAIR TO SIGN: Ms. Griego stated the bylaws are a way to establish relationships with vendors who
will work with at -risk adults. Commissioner Moreno moved to approve said bylaws and authorize the
Chair to sign. The motion was seconded by Commissioner Kirkmeyer and it carried unanimously.
4) CONSIDER CONTRACT ID #1160 FIVE YEAR MASTER CONTRACT WITH COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN:
Dr. Mark Wallace, Director of Department of Public Health and Environment, reported the Five -Year
Master Agreement governs all contracts between the Colorado Department of Public Health and
Environment and the Weld County Department of Public Health and Environment. He stated this contract
will set forth all general guidelines for the other task order contracts. Commissioner Moreno moved to
approve said Five Year Master Contract and authorize the Chair to sign. The motion, which was seconded
by Commissioner Conway, carried unanimously.
5) CONSIDER CONTRACT ID #1162 TASK ORDER CONTRACT AMENDMENT #3 FOR
WOMEN'S WELLNESS CONNECTION AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace presented the
extension agreement for six (6) months effective until December 31, 2107, which will add funds to allow
further outreach to uninsured, underinsured, or difficult to reach women to get them care and screening
for cancer. Commissioner Conway moved to approve said task order contract and authorize the Chair to
sign. The motion, which was seconded by Commissioner Freeman, carried unanimously.
El 6) CONSIDER CONTRACT ID #1169 TASK ORDER CONTRACT FOR AIR QUALITY PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace presented the agreement for the Air Quality Program.
He added the federal funding has decreased, therefore the County will receive less money. In response
to Commissioner Conway, Dr. Wallace stated Phil Brewer will be retiring so there will be a reassignment
of duties concerning air quality monitoring. Commissioner Conway moved to approve said task order
contract and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
7) CONSIDER CONTRACT ID #1175 TASK ORDER FOR PUBLIC HEALTH EMERGENCY
PREPAREDNESS AND RESPONSE CONTRACT AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace
stated the agreement will allow the Weld County Health Department to plan and train for a variety of
population -based disease outbreak emergencies, including pandemics, bioterrorism, and emergent
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diseases. He stated the federal government is seeking a greater emphasis on regional planning and
response. Commissioner Kirkmeyer requested a briefing or work session about regional health care
coalition. Commissioner Kirkmeyer moved to approve said task order and authorize the Chair to sign.
Seconded by Commissioner Moreno, the motion carried unanimously.
8) CONSIDER CONTRACT ID #1193 TASK ORDER CONTRACT AMENDMENT #1 FOR RETAIL
FOOD ESTABLISHMENT INSPECTION PROGRAM AND AUTHORIZE THE CHAIR TO SIGN:
Dr. Wallace presented the agreement which will allow the County Health Department to conduct
regulatory inspections, initiate interventions, and enforcement actions, review submitted plans, perform
foodborne illness investigations, respond to complaints, and comply with reporting requirements.
Commissioner Kirkmeyer requested Dr. Wallace provide the amount of money that the County is
reimbursing the State. Commissioner Conway moved to approve said amendment #1 for the task order
contract and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
9) CONSIDER CONTRACT ID #1208 EDUCATIONAL AFFILIATION AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -UNIVERSITY OF NORTHERN COLORADO: Dr. Wallace presented the
non -financial cooperative educational agreement to provide students studying natural and health
sciences instruction to meet the requirements for baccalaureate or advanced degree programs.
Commissioner Conway moved to approve said Educational Affiliation Agreement and authorize the Chair
to sign. The motion was seconded by Commissioner Freeman and it carried unanimously.
10) CONSIDER CONTRACT ID #1074 VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE)
GRANT CONTRACT FOR LAW ENFORCEMENT VICTIM SERVICES UNIT AND AUTHORIZE CHAIR
TO SIGN: Debbie Calvin, Sheriff's Office, stated the VALE Grant is to support the personnel costs of the
Victim Services Unit in the Sheriff's Office. Commissioner Conway moved to approve said grant contract
and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
11) CONSIDER CONTRACT ID #1194 AGREEMENT FOR RELOCATION OF POTABLE WATER
FACILITIES FOR CR 47 CORRIDOR EXPANSION PROJECT AND AUTHORIZE CHAIR TO SIGN -
NORTH WELD COUNTY WATER DISTRICT: Cameron Parrott, Department of Public Works, presented
the utility relocation agreement to relocate water lines impacted by the widening of County Road 47.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Conway, carried unanimously.
12) CONSIDER EMERGENCY TEMPORARY CLOSURE OF CR 59 BETWEEN CRS 48 AND 50:
Amy Joseph, Department of Public Works, presented the emergency closure effective June 12, 2017,
through June 23, 2017, for a culvert replacement. Commissioner Freeman moved to approve said
emergency temporary closure. The motion was seconded by Commissioner Moreno and it carried
unanimously.
13) 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: Ms. Connolly presented the equipment list
and requested they be declared as surplus property and approved for sale. Commissioner Freeman
moved to approve said sale at auction with Roller and Associates and delegate authority to the Controller
to sign all necessary documents. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
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▪ 14) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - LUCAS A. CORLISS: Commissioner Conway moved to approve said appointment and
authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
15) CONSIDER REAPPOINTMENTS TO BOARD OF PUBLIC HEALTH: Commissioner Conway
moved to approve said reappointments of Jason Maxey, Linda Kautz, and Joyce Smock. The motion was
seconded by Commissioner Kirkmeyer and it carried unanimously.
OLD BUSINESS (PLANNING):
• 1) CONSIDER PROBABLE CAUSE HEARING, PCSC17-0003, CONCERNING USE BY SPECIAL
REVIEW PERMIT USR16-0003 - ROGER AND SHERYL HILL (CONT'D FROM 5/24/2017):
Diana Aungst, Department of Planning Services, reported on May 24, 2017, a brief hearing regarding the
probable cause was held and at that time, this matter was continued to today's date. This violation began
in 2012, and at that time staff was working with the applicant to get a USR approved. As of May, 2016,
the USR was approved and recorded. She stated the improvements on this property have not been
completed, therefore, the property owner is still in violation. Ms. Aungst presented the timeline and stated
there are more vehicles, tires and materials that are not permitted located on the parcel. She presented
staff's recommendations and options for the Board about how to proceed with this matter.
Roger Hill, resident of Eaton, acknowledged he is not in compliance and stated he has been working
to get things moved south to a different property, but hasn't had the means to buy all the material needed
for the fence and get things moved. He apologized to the Board and requested more time to get his
property into compliance. In response to Commissioner Conway, Mr. Hill stated he will be able to get the
equipment moved and get the yard cleaned up by June 30, 2017, but he doesn't have the money to get
a fence built. Chair Cozad stated there is no June 30th deadline, the purpose of this hearing is to
determine probable cause and if there is enough information to have a Show Cause Hearing. In response
to Commissioner Kirkmeyer, Mr. Hill stated the other parcel is about an acre and he has a current USR,
so he will be complying when he moves the tires over to the other property for storage. She reiterated
that Mr. Hill had been out of compliance since October, 2012.
No Public testimony was offered concerning this matter.
leg Commissioner Kirkmeyer moved to approve the resolution with the additional findings, and move
to a Show Cause Hearing on August 9, 2017, at 9:00 am, which was seconded by Commissioner
Freeman. Commissioner Conway stated he would like to continue this matter after June 30th to give the
applicant an opportunity to get his parcel into compliance, by getting the equipment moved offsite.
• In response to Commissioner Conway, Chair Cozad explained that Mr. Hill actually has until
August 9, 2017, to get his property into compliance and if he is in compliance when he comes to the
hearing on August 9th, this matter can be dismissed.
El Commissioner Moreno reiterated one reason the applicant isn't in compliance is because of lack of
funds and because of this he is in support of the Show Cause Hearing; After discussion, the motion
carried unanimously.
PLANNING:
le 1) CONSIDER CONSENT TO ENFORCEMENT OF 2012 INTERNATIONAL FIRE CODE, WITH
AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN
THE PLATTE VALLEY FIRE PROTECTION DISTRICT: Mr. Barker stated the Platte Valley Fire
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Protection District added an amendment to the resolution. Commissioner Freeman moved to consent to
enforcement with amendments. The motion, which was seconded by Commissioner Conway, carried
unanimously.
2) ACTION OF THE BOARD CONCERNING ZCV17-00116, AGAINST ALEJANDRO JAY
BARRON FOR VIOLATION OF THE WELD COUNTY CODE: Bethany Pascoe, Zoning Compliance
Officer, stated she spoke with the applicant's father, speaking on behalf of Alejandro Barron, applicant
stated there is a misunderstanding about the use of the USR and they didn't realize work was not to be
done in the garage on various commercial vehicles, and she requested a continuation for a week to give
them the opportunity to comply. In response to Commissioner Conway. Ms. Pascoe believes continuing
for a week should be enough time for the property owner to get into compliance.
Francisco Barron, representative of Alejandro Barron, stated Mr. Barron will be able to get into
compliance within a week. In response to Commissioner Moreno, Ms. Pascoe stated the violation has
been an on -going issue and she gave a presentation detailing the timeline and nature of the violation.
Ms. Pascoe explained she discussed the violation with Mr. Barron who now understands the
requirements of the USR.
Bob Choate, Assistant County Attorney, stated a Stipulation Agreement can be filed in court, when
staff is positive the violation will be remedied.
Mr. Barron stated he was the property owner, in 2014, when the violation occured. He stated he
didn't realize that it had to be the same commercial vehicle. Ms. Pascoe explained the photo is from
2016, and doesn't give a specific date, so giving Mr. Barron the benefit of the doubt they closed the case.
Commissioner Kirkmeyer asked about a photo that was dated May 25, 2017, which showed ten (10)
types of equipment or vehicles parked on the property. He stated he is not conducting a commercial
business
Chair Cozad stated she would like a Compliance Agreement, put in to place. In response to Cozad,
Mr. Choate stated a Consent Agreement would an alternative to filing in court. He explained the Consent
Agreement will portray that the Commissioners will not file, in court if Mr. Barron complies with the terms
of the Consent Agreement. Chair Cozad suggested to Mr. Choate what the terms should be in the
agreement.
• In response to Chair Cozad, Mr. Barron stated not all the vehicles are licensed because he doesn't
use them all. Chair Cozad commented due to the information presented, it appears Mr. Barron is running
a non-commercial junkyard without the proper permits.
▪ Commissioner Kirkmeyer stated she is willing to give Mr. Barron a week to come into compliance,
and if Mr. Barron would like to run a commercial business, he will need to get a USR.
▪ Commissioner Conway moved to continue this matter to June 26, 2017, at 9:00 a.m. Seconded by
Commissioner Moreno, 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 10:03 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dddivi) j,CiD;(1
Weld County Clerk to the Board
BY
y Clerk to the Board
Steve Moreno, Pr -Tem
3
Freeman
arbara Kirkme
Sean P. Conway
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