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Home My WebLink About20163523.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 16, 2016 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 16, 2016, 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 Mike Freeman, Chair Commissioner Sean P. Conway, Pro -Tern Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer Commissioner Steve Moreno 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 November 14, 2016, as printed. Commissioner Conway seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of Hearings conducted on November 14, 2016, as follows: 1) Show Cause Hearing PCSC16-0004 Concerning MUSR14-0030 and USR-1704 — Heartland Biogas, LLC. Commissioner Moreno seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add item 9) under New Business: Reconsider the Hearing Date for the Show Cause PCSC16-0004 Concerning MUSR14-0030 and USR-1704 - Heartland Biogas, LLC. The motion, seconded by Commissioner Conway, carrie unanimously. CONSENT AGENDA: Commissioner Kirkmeyer moved to remove item 4) Action of the Board Concerning PCSC16-0004 (MUSR14-0030 and USR-1704) — Heartland Biogas, LLC, from under Resolutions and, seconded by Commissioner Conway, it carried unanimously. Commissioner Kirkmeyer moved to approve the Consent Agenda as amended. Commissioner Cozad seconded the motion, and it carried unanimously. I a/ I a/ a©ICp Minutes, November 16, 2016 Page 1 2016-3523 BC0016 PROCLAMATIONS: El 1) NATIONAL ADOPTION DAY - NOVEMBER 19, 2016, AND WELD COUNTY ADOPTION DAY - NOVEMBER 18, 2016: Chair Freeman read the proclamation for the record, recognizing the importance of giving children and youth permanent, safe, and loving families through adoption. Judy Griego, Director of Human Services, thanked the Commissioners for recognizing Weld County Adoption Day and invited them to join in the event scheduled for Friday, November 18. The staff who work with the kids and families were introduced. Each one of the Commissioners expressed their appreciation for all they do for the children of Weld County to bring families together. (Clerk's Note: the meeting was paused for a photo opportunity.) PRESENTATIONS: 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - SANDY SCHULTE: Chair Freeman read the certificate for the record recognizing Ms. Schulte for her outstanding service to the County. Sheriff, Steve Reams, presented her with a plaque and pin and expressed his gratitude for her professionalism and outstanding customer service. Ms. Schulte thanked everyone for their support and the opportunity to work for Weld County. Each one of the Commissioners expressed their appreciation for the excellent customer service Ms. Schulte offered to the citizens of Weld County. Commissioner Conway invited her to volunteer on one of Weld County's many boards. (Clerk's note: the Board paused the meeting for a photo opportunity.) • 2) RECOGNITION OF SERVICES, CLERK AND RECORDER'S OFFICE - ROSEMARY MARTINEZ: Chair Freeman read the proclamation for the record recognizing Ms. Martinez for her dedicated service to Weld County and its citizens. Carly Koppes, Clerk and Recorder, presented her with a plaque and pin thanking her for her excellent customer service offered to the residents of Weld County. Ms. Martinez stated she enjoyed working with the citizens of Weld County. Commissioner Moreno expressed his appreciation for her positive attitude in the Clerk and Recorder's Office. Each one of the Commissioners expressed their appreciation for her outstanding customer service, hard work and being part of Team Weld. (Clerk's note: the meeting was paused for a photo opportunity.) • 3) RECOGNITION OF SERVICES, WELD FAITH PARTNERSHIP COUNCIL — RICHARD HARTMAN: Chair Freeman read the certificate for the record recognizing Mr. Hartman for his voluntary contributions to Weld County and its citizens. Each one of the Commissioners acknowledged his work on the Council and expressed their appreciation for Mr. Hartman's service to Weld County. • PUBLIC INPUT: Christopher Woodruff, resident of Greeley, congratulated Commissioners Conway, Kirkmeyer and Freeman for their recent re-election. He stated he appreciates the effort it takes to run for office and the awesome trust and responsibility that is conferred by the citizens. He thanked them for their leadership and dedication on behalf of the Weld County citizens. • COMMISSIONER COORDINATOR REPORTS: Commissioner Cozad reported she and the other Commissioners were part of the Vietnam Veterans ceremony at Bittersweet Park for Veterans Day where they honored the twenty-seven Weld County Vietnam Vets that were killed or missing in action. She attended the Mead Urban Renewal Authority Board, as a representative of Weld County. She stated they are working through some issues with properties that were included in the Rural Authority and the Assessor's Office helped identify some legal descriptions that were not correct. Lastly, she reported the Workforce Development Board elected a new chairperson, Dave Thompson, from FMS Bank. El Commissioner Conway thanked Commissioner Cozad for representing the Commissioners on Veterans Day. He attended the 20th Anniversary Luncheon for the Community Foundation. He stated he and fifteen (15) boy scouts went bowling as a reward for reaching their accomplishments. He thanked Deon Minutes, November 16, 2016 Page 2 2016-3523 BC0016 Harris, Veterans Office, and the entire staff for putting together the Welcome Home Ceremony. Commissioner Moreno attended the United Way Breakfast this morning, which was well attended. He stated all five (5) Commissioners attended the Centennial Rotary Club meeting. Commissioner Kirkmeyer thanked Commissioner Cozad for representing the Board. She thanked all staff for the putting together the Veterans Day Ceremony. a Chair Freeman thanked Commissioner Cozad for representing the County Commissioners at the Veterans Memorial. He stated he met with the Windsor Mayor to discuss Design Standards. They are interested in the Oil and Gas regulations and would like to see if they can incorporate some of Weld County's standards in the Town of Windsor. BIDS: 1) APPROVE BID #61600160, PS FORTINET FIREWALL — DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of Department of Information Technology, reviewed the details for the three (3) bids received and stated staff recommends awarding the low bid from Secure Network Innovation, Inc., for the total amount of $39,359.00. The motion to approve, which was made by Commissioner Conway, and seconded by Commissioner Kirkmeyer, carried unanimously. • 2) APPROVE BID #61600175, UPS EQUIPMENT - DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the eleven (11) bids received and stated staff recommends awarding the low bid from Perlmutter Purchasing Power for the amount of $10,286.02. The motion to approve, which was made by Commissioner Conway, and seconded by Commissioner Cozad, carried unanimously. El 3) PRESENT BID #61600179, PURCHASE GOOGLE IMAGERY - DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the sole bid received and stated staff will bring back a recommendation on November 28, 2016. 4) PRESENT BID #61600182, F5 - DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose reviewed the three (3) bids received and stated staff will bring back a recommendation on November 28, 2016. le 5) PRESENT BID #61600183, INFOBLOX - DEPARTMENT OF INFORMATION TECHNOLOGY: Mr. Rose presented the two (2) bids received and stated staff will bring back a recommendation on November 28, 2016. • 6) PRESENT BID #61600177, WELD COUNTY LEGAL NEWSPAPER SERVICES — CLERK TO THE BOARD: Trevor Jiricek, Director of General Services, reviewed the two (2) bids received and stated staff will bring back a recommendation on December 5, 2016. OLD BUSINESS: • 1) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - COLORADO NATIONAL GOLF CLUB, LLC (CON'T FROM 10/26/2016): Chris Woodruff, County Assessor, presented the petition for abatement or refund of taxes from assessment year 2014. He stated after discussion with the representative of the property, they were able to come to a new agreement concerning the value, which resulted in a refund of $23,298.33. Commissioner Moreno moved to approve said petition for abatement or refund of taxes. Seconded by Commissioner Cozad, the motion carried unanimously. Minutes, November 16, 2016 Page 3 2016-3523 BC0016 NEW BUSINESS: • 1) CONSIDER CHANGE ORDER #1 FOR KIOWA GRADER SHED (BID #B1600116) and authorize Chair to sign — LANDMARK BUILDERS, INC: Toby Taylor, Director of Buildings and Grounds, reviewed the terms of the change order stating there were two (2) modifications to the original agreement for the total amount of $10,014.00. Commissioner Kirkmeyer moved to approve said Change Order #1 and authorize Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. 2) CONSIDER CHANGE ORDER #1 FOR CONSTRUCTION OF DOWNTOWN PARKING LOT (BID #B1600149) and authorize Chair to sign — DCP CIVIL, LLC: Mr. Taylor presented the details of the change order to remove and truck off the unexpected foundation material found during construction, not to exceed the amount of $10,820.00. Commissioner Conway moved to approve Change Order #1 and the motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 3) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT APPLICATION FOR CR 390 FROM CR 110.5 TO CR 118 (TIER I - PHASE 2) AND AUTHORIZE ELECTRONIC SUBMITTAL: Jay McDonald, Director of Public Works, presented the application for the Tier I Grant for the reconstruction and paving of County Road 390 from the Wyoming State Line to Keota. The grant will help offset the cost of materials. Commissioner Kirkmeyer moved to approve said application and authorize electronic submittal. The motion was seconded by Commissioner Cozad and it carried unanimously. • 4) CONSIDER RELEASE OF WEED CONTROL ENFORCEMENT LIEN - DARYLL AND CAROL PROPP: Tina Booton, Department of Public Works, reviewed the request for the lien release, because the lien was paid in 2007. Commissioner Conway moved to approve said release of weed control enforcement lien. The motion, which was seconded by Commissioner Kirkmeyer, carried unanimously. • 5) CONSIDER GRANT AGREEMENT FOR GREELEY-WELD URBAN ENTERPRISE ZONE FUND AND AUTHORIZE CHAIR TO SIGN: Barb Connolly, Controller, reviewed the terms of the agreement for the total amount of $303,076.00. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. • 6) CONSIDER AGREEMENT FOR "PASS -THROUGH" OF WELD COUNTY, COLORADO, OPPORTUNITY SCHOLARSHIP INITIATIVE GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT, INC. Ms. Connolly explained the agreement is connected to the previous listed item and will allow Upstate Colorado Economic Development, Inc., to administer the grant. Commissioner Kirkmeyer moved to approve said agreement and authorize Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 7) CONSIDER AMENDMENT #2 TO LOAN FUND GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO ENTERPRISE FUND, INC: Ms. Connolly presented the amendment to increase the fund by $200,000.00, which will benefit small business loans. Commissioner Cozad moved to approve said amendment and authorize the Chair to sign. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. El 8) CONSIDER APPOINTMENT AND REAPPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Moreno moved to approve the appointment and reappointments. The motion was seconded by Commissioner Conway, and it carried unanimously. Minutes, November 16, 2016 Page 4 2016-3523 BC0016 9) RECONSIDER CHANGING THE DATE FOR SHOW CAUSE HEARING CONCERNING PCSC16-0004 (MUSR14-0030 AND USR-1704): Commissioner Kirkmeyer moved to change the hearing date to December 19, 2016, the motion was seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, reported he had already contacted Heartland Biogas, LLC about changing the date to December 19, 2016. Commissioner Cozad confirmed that the public has been properly notified about the changing of the hearing date. PLANNING: 1) CONSIDER MOBILE HOME PERMIT, ZPMH16-0037 - HORTON ASSOCIATES, LLC, C/O LISA BLACK: Wendi Inloes, Department of Planning Services, presented the request for a recreational vehicle to be temporarily used during a medical hardship, located in the agricultural zone. Lisa Black, resident of Brighton, stated her brother is suffering with PTSD, so she and her daughter are living in the trailer to help her brother through some hardships. In response to Commissioner Cozad, Ms. Black stated they have lived there since June, 2016, and hope to be moved by the end of January, 2017. She stated they have a residence located in Center, Colorado, but are currently living in the RV full-time. Commissioner Cozad clarified that the trailer is linked into the septic and electric systems to make sure they are in compliance. Ms. Black explained the well and septic permits have been sent to the Department of Planning Services. Bethany Pascoe, Department of Zoning and Compliance, stated they will be addressing other violations in the future. Commissioner Kirkmeyer moved to grant the mobile home permit and confirmed the date which the mobile home will be vacated as January 31, 2017. Seconded by Commissioner Moreno, the motion carried unanimously. El 2) CONSIDER TWO - LOT RECORDED EXEMPTION, RECX16-0115 - MARK POWELL: Ryder Reddick, Department of Planning Services, reviewed the details of the request for a two (2) lot Recorded Exemption of Lot B, which currently is 29.79 acres and once split, will not meet the minimum lot size requirements of the Weld County Code. The Code requirements that are the largest lot of any recorded exemption not be less than thirty-five (35) acres. Mr. Reddick read a letter received from the applicant's representative, stating he initially purchased the property so he could have his home -site, as well as run and operate his veterinary practice on -site. Mr. Reddick stated staff recommends denial of the Recorded Exemption because the new Lot B will be 24.8 acres and Lot A will be 5.0 acres. He displayed slides showing the parcel and presented the background information of previous land spilts. IE Kris Pickett, representative of the applicant, stated Dr. Powell wasn't aware of the code change that occurred in 2010, and didn't find out about it until he decided to apply for the split. Commissioner Cozad suggested the language in the Conditions of Approval 1.B should be changed to "shall attempt" and moved to approve said Two (2) Lot Recorded Exemption with the language change for 1.6 to be "shall attempt." The motion, which was seconded by Commissioner Conway, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, November 16, 2016 Page 5 2016-3523 BC0016 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 10:33 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: diziadv jde40 ei Weld County Clerk to the Board BY a. R.1,, uty Clerk to the Board EXCUSED ON DATE OF APPROVAL Mike Freeman, Chair Sean P. Conway, Pro -Tern arbara Kirkmeye EXCUSED ON DATE OF APPROVAL Steve Moreno Minutes, November 16, 2016 Page 6 2016-3523 BC0016 Hello