HomeMy WebLinkAbout20162241.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JULY 18, 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, July 18, 2016, at the hour of 9:00 a.m.
IR 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-Tem
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
O- MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of July 13, 2016, as printed. Commissioner Cozad seconded the motion, and it
carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on July 13, 2016, as follows: 1) COZ16-0001 - Andrew Hop, 2) USR14-0080 - Waste
Management of Colorado, Inc., and 3) USR16-0011 - Wonder Dog Properties, LLC, do Forge and
Fabrication. a:"bpCommissioner Kirkmeyer seconded the motion, which carried unanimously.
��J AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following under New
Business: 14) Consider Memorandum of Understanding for Title IV -E Waiver Demonstration Project and
authorize Chair to sign; and 15) Consider Memorandum of Understanding for Family Unification Program
with Various Agencies and authorize Chair to sign. Seconded by Commissioner Moreno, the motion
carried unanimously.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
IR PUBLIC INPUT: No public input was given.
`-/ICo/@OtCo
rn;nv+es- Site l
Minutes, July 18, 2016 2016-2241
Page 1 BC0016
NEW BUSINESS:
la 1) CONSIDER CONTRACT FOR OUTDOOR ADVERTISING AND AUTHORIZE CHAIR TO SIGN
- LAMAR COMPANIES: Dr. Mark Wallace, Department of Public Health and Environment, reviewed the
terms of the contract to promote various healthy activities via seven (7) billboards throughout Weld
County in conjunction with the Discover Weld initiative. Commissioner Kirkmeyer moved to approve said
contract and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried
unanimously.
el 2) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR CRISIS ASSESSMENT
PROTOCOL AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL HEALTH: Deputy
Brandon Cody and Roger Ainsworth, Sheriffs Office, presented an agreement for the crisis response
team for mental health and substance abuse assessments of inmates who are eligible to be released into
the community. This is a no -cost agreement. In response to Commissioner Conway, Deputy Cody
estimated there are about 30% of the inmate population dealing with mental health issues. Deputy
Ainsworth added the State Statute allows for deputies to conduct similar assessments; however, due to
the high volume they believe this will be more effective. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and
it carried unanimously. The Board expressed their thanks to law enforcement for their service.
ta 3) CONSIDER AGREEMENT FOR HIPAA BUSINESS ASSOCIATE AND AUTHORIZE CHAIR TO
SIGN - NORTH RANGE BEHAVIORAL HEALTH: Frank Haug, Assistant County Attorney, stated this is
a document that states staff will keep patient information confidential when it is being transferred from
the Sheriffs Office to North Range Behavioral Health. Commissioner Cozad moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it
carried unanimously.
la 4) CONSIDER OFFICIAL ABSTRACT OF VOTES FROM JUNE 28, 2016, PRIMARY ELECTION:
Bruce Barker, County Attorney, presented the resolution for the Board to accept the abstract of election
results on behalf of the County. Commissioner Kirkmeyer moved to approve said official abstract. The
motion was seconded by Commissioner Moreno, and it carried unanimously.
El 5) CONSIDER GRANT APPLICATION FOR HAZARDOUS MATERIALS EMERGENCY
PLANNING (HMEP) AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of
Emergency Management, reviewed the program grant to hire a contractor to help with an increase of Tier
II facilities which store hazardous materials as identified by the EPA. He stated the purpose is to identify
some of the transportation concerns, coordinate training, and update plans with the companies. The grant
application is for the amount of $75,000.00 and the County match amount is $15,000.00 through the
process of the 2017 budget. Commissioner Moreno moved to approve said application and authorize the
Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. In response to
Commissioner Conway, Mr. Rudisill confirmed this is a contracted position, versus a County employee
and the funding must be applied for each year.
6) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND PERMANENT EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR
TO SIGN NECESSARY DOCUMENTS - BOX ELDER KIDS, LLC: Elizabeth Relford, Department of
Public Works, presented the terms of the agreement for a total amount of $220,545.00. Ms. Relford
explained the amounts are specified and broke out in the agreement. Commissioner Conway moved to
approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
Minutes, July 18, 2016 2016-2241
Page 2 BC0016
7) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY, UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO
INTERSECTION OF CR 47 AT STATE HIGHWAY 392 AND AUTHORIZE CHAIR TO SIGN - DINNER /
L AND I FARMS, LLC: Ms. Relford gave a brief description of the terms and provisions for the CR
47/SH392 intersection project and stated the department will be using RAMP funds for a CDOT project.
Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Cozad, and it carried unanimously.
• 8) CONSIDER ADOPTION OF WELD COUNTY PARKWAY DRAINAGE MASTER PLAN:
Ms. Relford presented the Plan for adoption, which informs and provides the County with the information
needed to make stormwater management decisions. Ms. Relford explained the study area involved 37
square miles and resulted in 11.5 square miles of identified drainage plan. This plan identifies a project
list which can be used to implement utilizing drainage impact fees and detention facilities will be identified
as development occurs. Commissioner Cozad commented regarding the beneficial use of this plan.
Ms. Relford confirmed the plan was sent to the Town of Kersey, but they did not provide comments. She
recognized, however, they are transitioning to a new Town Manager. Commissioner Cozad expressed
the plan serves as a good reference for development within the Kersey jurisdiction. Commissioner
Kirkmeyer stated it's important to proactively address drainage issues and she commended staff for their
hard work. Commissioner Kirkmeyer moved to approve said Parkway Drainage Master Plan. Seconded
by Commissioner Cozad, the motion carried unanimously.
9) CONSIDER CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT AGREEMENT
AND AUTHORIZE CHAIR TO SIGN: Ms. Relford reviewed the terms and provisions of the agreement
to purchase CNG vehicles for use by Public Works and the Town of LaSalle. The County's match will be
$16,000.00 and LaSalle's match will be approximately $22,000.00. Commissioner Conway moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion
carried unanimously. In response to Commissioner Conway, Ms. Relford stated local groups agree the
vehicles meet eligibility. FHWA did additional review, but she is not sure if the process can be expedited.
O 10) CONSIDER TEMPORARY CLOSURE OF CR 61 BETWEEN CR 68 AND HWY 392: Janet
Lundquist, Department of Public Works, reviewed the closure from August 1, 2016, through
October 14, 2016, for bridge reconstruction over Crow Creek, and the detour route is paved. She stated
staff will use standard road signs and barricades. Commissioner Moreno moved to approve said closure.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
12 11) CONSIDER TEMPORARY CLOSURE OF CR 33 BETWEEN CR 70 AND HWY 392: Ms.
Lundquist presented the terms for the closure effective July 25, 2016, through July 29, 2016, for a bridge
deck repair, and stated staff will use magnesium chloride on the detour route, standard road signs and
barricades and message boards. Commissioner Cozad moved to approve said temporary closure. The
motion, which was seconded by Commissioner Moreno, carried unanimously.
O 12) CONSIDER TEMPORARY CLOSURE OF CR 72 BETWEEN CRS 25 AND 27: Ms. Lundquist
reviewed the closure from August 9, 2016, through August 12, 2016, for an 18 -inch culvert replacement.
She stated staff will use water for dust abatement and standard road signs and barricades. Commissioner
Conway moved to approve said closure. Commissioner Cozad seconded the motion, and it carried
unanimously.
13) CONSIDER CANCELLATION OF BOARD OF COUNTY COMMISSIONERS MEETING
SCHEDULED FOR AUGUST 17, 2016: Commissioner Kirkmeyer moved to cancel the County
Minutes, July 18, 2016 2016-2241
Page 3 BC0016
Commissioners Board Meeting, which was seconded by Commissioner Cozad. Commissioner Conway
expressed his opposition at cancelling the Board meeting and requested a roll call vote. He stated the
cause for the cancellation is a training which is over the budget amount and now the Board is soliciting
sponsors. He agrees it is a good exercise with quality trainers, but believes it would be better spent here
in the local EOC. Commissioner Kirkmeyer stated this was approved as part of the budget to fund
a consultant for training and exercise, and she feels it is more productive and valuable to develop
relationships and network throughout the County. U- Commissioner Cozad agreed and added the
Emmitsberg training played a crucial role in the success of local agencies responding to, and recovering
from, the 2013 Flood. e Commissioner Moreno agreed and stated his belief that it is important to
do this as a team and train in a situation that may not involve use of the County Administration Building,
which is an added training benefit. la Commissioner Conway reiterated this was budgeted for
$15,000.00 and the original training was accomplished through a FEMA Kant. However this time the
taxpayers paid for this EOC and the cost of the training has increased. Pi Commissioner Kirkmeyer
stated the Board applied for the FEMA grant and were not awarded. She explained that the budgeted
$15,000.00 was for a consultant. With regard to additional expenditure, the sponsors will help offset
rooms and food for others who are attending (utilities, debris removal, land use consultant) but only
because they are sending representatives who will benefit from the training. Upon a roll call vote the
motion passed four to one, with Commissioner Conway being opposed.
el 14) CONSIDER MEMORANDUM OF UNDERSTANDING FOR TITLE IV -E WAIVER
DEMONSTRATION PROJECT AND AUTHORIZE CHAIR TO SIGN: Karin McDougal, Assistant County
Attorney, presented the memorandum of understanding for the Title IV -E Waiver Demonstration Project
which outlines the duties and responsibilities of the Department of Human Services. Commissioner
Kirkmeyer stated IV -E is part of Child Welfare Services and the County is in year 3.5 of a 5 -year project.
Staff has applied for funds and have been receiving partial or full funding and now it's either spend it or
lose it, and so Ms. Griego is tasked with looking for programs that can result in positive outcomes for
children, reduce congregate care expenditures and get to more proactive measures, versus intervention
measures. She stated she is in support of this as she Co -Chairs the Title IV -E Waiver Committee.
Commissioner Kirkmeyer moved to approve said memorandum of understanding and authorize the Chair
to sign. Seconded by Commissioner Cozad, Commissioner Cozad agreed with the benefit of transitioning
kids from congregate care to kinship relationships, the motion carried unanimously.
15) CONSIDER MEMORANDUM OF UNDERSTANDING FOR FAMILY UNIFICATION
PROGRAM WITH VARIOUS AGENCIES AND AUTHORIZE CHAIR TO SIGN: Ms. McDougal presented
the detail of the non -financial MOU administered by North Range Behavioral Health (NRBH) and
described the services provided by each party. Commissioner Kirkmeyer stated this is another way of
strengthening relationships with other agencies involved with the Child Welfare Program and working
towards fostering youth transition. Commissioner Kirkmeyer moved to approve said memorandum of
understanding and authorize the Chair to sign. The motion, which was seconded by Commissioner
Moreno, carried unanimously.
PLANNING:
t2 1) SECOND READING OF CODE ORDINANCE #2015-26, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING (OIL AND GAS), OF THE WELD
COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2015-26 by title only. The
motion was seconded by Commissioner Conway, and it carried unanimously. Bruce Barker, County
Attorney, read the title for the record. No public testimony was offered concerning this matter.
Commissioner Cozad moved to continue second reading to August 24, 2016. The motion was seconded
by Commissioner Conway. Commissioner Cozad stated her appreciation for staff and the industry
Minutes, July 18, 2016 2016-2241
Page 4 BC0016
working together to develop a quality document. Commissioner Conway concurred and stated the IGA
with the Colorado Oil and Gas Conservation Commission (COGCC) is paramount and needs to be
finalized and complete before proceeding. Commissioner Moreno agreed a lot of time and work has
been invested to help ensure a quality outcome for everyone. There being no further discussion, the
motion carried unanimously.
n 2) FINAL READING OF CODE ORDINANCE #2015-27 REVISED, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF
STATE INTEREST AND CHAPTER 23 ZONING (SOLAR), OF THE WELD COUNTY CODE:
Commissioner Conway moved to read Code Ordinance #2015-27 by title only. The motion was seconded
by Commissioner Cozad, and it carried unanimously. Mr. Barker read the title for the record. Michelle
Martin, Department of Planning Services, stated there have been no changes since second reading and
she recommended approval. Richard Miller, Clean Energy Collective, expressed his appreciation
and thanked the Planning Commission and the Commissioners for allowing open and honest discussion
to result in quality regulations that reflect that input. He stated Weld County now has guidelines that work
for citizens and the industry and congratulationed the County on getting it right. Commissioner Conway
thanked Mr. Miller and his peers for taking the time to participate in the overall solution that is being
presented for approval today. Commissioner Kirkmeyer agreed and thanked him for sharing all of the
solar industry information with staff and the Board. Commissioner Cozad concurred with all of the
previous comments. Commissioner Kirkmeyer moved to approve Code Ordinance #2015-27 Revised
as presented on Final Reading. Commissioner Conway seconded the motion. Commissioner Kirkmeyer
gave an overview of the process and how the adopted Ordinance was developed and refined, and
commended Ms. Martin, specifically, for all of her hard work in coordinating all of the parties involved in
the process. Commissioner Conway agreed and expressed his belief that the mechanisms have been
put in place to allow for technology advancements. Commissioner Cozad agreed with the previous
comments and acknowledged staff's patience and diligence through the entire process. Commissioner
Moreno and Freeman agreed. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-26 was continued to August 24, 2016. Ordinance #2015-27
Revised was approved on Final Reading.
Minutes, July 18, 2016 2016-2241
Page 5 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 10:08 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: aC.!/,o;t,C
Weld County Clerk t the Board
BY
Dep
y
Clerk to the Board
Mike Freeman, Chair
�'•' bara Kirkmeyer
Steve Moreno
Minutes, July 18, 2016 2016-2241
Page 6 BC0016
Hello