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Home My WebLink About20161861.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUNE 20, 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, June 20, 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-Tem Commissioner Julie A. Cozad Commissioner Barbara Kirkmeyer - EXCUSED Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly IR MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of June 15, 2016, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. O CERTIFICATION OF HEARINGS: Commissioner Moreno moved to approve the Certification of Hearings conducted on June 15, 2016, as follows: 1) USR16-0010 - KOOBIE Enterprises, LLC, c/o Justin and Chelsey Johnson. Commissioner Cozad seconded the motion, which carried unanimously. la AMENDMENTS TO AGENDA: There were no amendments to the agenda. 12. CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. 12 PUBLIC INPUT: Dale Hays, resident of Grover, expressed his concerns about the governing of the Town of Grover. Chair Freeman stated inside the city limits the Board has no control over with how the town is governed. Commissioner Cozad suggested working with the Department of Local Affairs to get assistance with governing the smaller towns. BIDS: 1) APPROVE BID #61600071, CALIFORNIA KNEADING COMPACTOR - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, presented the four bids received and stated staff recommends awarding the low bid from Forney, LP, in the amount of $49,294.78. -was/aouco _tt 2.+ MIno+eS-5I9ntd Minutes, June 20, 2016 2016-1861 Page 1 BC0016 Commissioner Cozad moved to approve said low bid. The motion was seconded by Commissioner Conway, and it carried unanimously. NEW BUSINESS: • 1) CONSIDER TASK ORDER CONTRACT AMENDMENT #2 FOR 2016 IMMUNIZATION CORE SERVICES PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and Environment, reviewed the amendment for an increase in funds which will assist school and daycare centers with reporting and other support for immunizations. Commissioner Cozad moved to approve said task order contract amendment and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. U 2) CONSIDER 2016-2017 HEALTHY COMMUNITIES CONTINUATION CONTRACT WITH HEALTH CARE POLICY AND FINANCING AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace presented the amendment for health care support to educate citizens about well -child check-ups and preventative health care. Dr. Wallace explained that after review the contract has been modified by striking out paragraph 4.1.3, under Section 4. Commissioner Cozad stated in this paragraph the State can acquire new staff if they think there isn't adequate staff and they will not reimburse the County. Frank Haug, Assistant County Attorney, stated he and staff have been in contact with the State so they are aware that the County will modify this paragraph. Commissioner Conway moved to strike -out paragraph 4.1.3 and to approve said contract as modified and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. a 3) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (4 ACCOUNTS) - GEMSTONE ELK LAKES, LLC (11.05%), DBA ELK LAKES SHOPPING CENTER: Chris Woodruff, Weld County Assessor, reviewed the request for abatement or refund of taxes for 2013 and 2014, tax years and, based on further discussion with the representatives of the property owner and receiving additional information, the initial value was reduced. Mr. Woodruff recommended this request as a partial approval. Mr. Woodruff confirmed the amounts for record. Commissioner Conway moved to amend the resolution with the correct amounts. The motion was seconded by Commissioner Cozad, and it carried unanimously. Commissioner Conway moved to approve said petition for partial refund as modified. Seconded by Commissioner Cozad, the motion carried unanimously. U 4) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (P0910366) - STALLION ROCKIES, LTD: Mr. Woodruff explained this is a duplicate assessment for the year 2015. Commissioner Moreno moved to approve said petition for abatement or refund. Seconded by Commissioner Cozad, the motion carried unanimously. • 5) CONSIDER VICTIM ASSISTANCE AND LAW ENFORCEMENT (VALE) GRANT CONTRACT FOR LAW ENFORCEMENT VICTIM SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN: Jennifer Oftelie, Sheriff's Office, reviewed the terms of the grant and stated the amount awarded is $71,638.00. Commissioner Conway moved to approve said grant contract and authorize Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. Commissioner Conway acknowledged Debbie Calvin from the Sheriffs Office at successful as obtaining 100% of the grant. • 6) CONSIDER TEMPORARY CONSTRUCTION EASEMENT FOR IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN TO ALL NECESSARY DOCUMENTS - HEARTLAND BIOGAS, LLC: Tiffane Johnson, Department of Public Works, presented the agreement of the temporary construction easement for the amount of $420.00. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. Minutes, June 20, 2016 2016-1861 Page 2 BC0016 7) CONSIDER AMENDMENT OF OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN (E112, NE1/4, S8, T10N, R57W) - WHITING OIL AND GAS CORPORATION: Bob Choate, Assistant County Attorney, stated this amendment is a clean-up for the lease with Whiting Oil and Gas Corporation to reflect a 75% mineral interest on 60 acres, versus 80 acres. Commissioner Cozad moved to approve said amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. e 8) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN - AZTEC EXPLORATION, LLC: Esther Gesick, Clerk to the Board, reviewed the terms of the lease for less than five acres and gave the bonus amount of $5,307.12. Commissioner Moreno moved to waive bid procedure, approve said lease and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. 9) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL AND GAS LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN - AZTEC EXPLORATION, LLC: Ms. Gesick presented the terms of the lease for less than five acres and gave the bonus amount of $4,573.44. Commissioner Cozad moved to waive bid procedure, approve said lease and authorize Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. PLANNING: El 1) CONSIDER FEE SCHEDULES FOR ROAD IMPACT, COUNTY FACILITY IMPACT AND DRAINAGE IMPACT FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES: Tom Parka, Director of the Department of Planning Services, stated the fees are being adopted by resolution, in accordance with Ordinance #2016-06. Commissioner Cozad moved to approve said drainage and impact fees. The motion was seconded by Commissioner Moreno, and it carried unanimously. '�---- 2) CONSIDER RECORDED EXEMPTION RE16-0059 - MARK ANDREWS: Michael Hall, Department of Planning Services, presented the request for a proposed two -lot Recorded Exemption, stated Lot B is 30.5, acres and displayed a slide show outlining the parcel. Mr. Hall explained the applicant would like to split Lot B into two (2) lots so his parents can build a home on the property and Lot A is vacant. Mr. Hall displayed pictures he took of the property and noted after the parcel is spilt both lots will be approximately 15 acres. Mark Andrews, applicant, explained that when he bought the property he had intentions of splitting the property into three (3) buildable lots. Mr. Hall stated the shared access is an oil and gas access and are located on Lot B. It2 Commissioner Cozad proposed deleting paragraphs #1.A and #2.8 and should add the the word "attempt" to #1.6 to Conditions. Mr. Andrews explained he was not notified of the Code change in 2010. Commissioner Cozad moved to approve said recorded exemption with the Conditions of Approval as modified. The motion, which was seconded by Commissioner Conway, carried unanimously. IR 3) FINAL READING OF CODE ORDINANCE #2016-05, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 12 LICENSES AND PERMITS, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS AND CHAPTER 26 REGIONAL URBANIZATION AREAS (ACCESS PERMITS PROCESS), OF THE WELD COUNTY CODE: Commissioner Conway moved to read said Code Ordinance #2016-05 by title only. The motion was seconded by Commissioner Moreno, and it carried unanimously. Bruce Barker, County Attorney read the title for the record. Janet Lundquist, Department of Public Works, presented all the changes that have Minutes, June 20, 2016 2016-1861 Page 3 BC0016 In response to Commissioner Cozad, Ms. Lundquist explained there were concerns brought up about dairy operations, and impacts on feedlots. Commissioner Cozad suggested the language be changed to "confined animal feeding operations" to clarify the code. Ms. Lundquist presented the change to Section 12-5-120 to add the language "be within the requirements of the engineering criteria document" No public testimony was offered concerning this matter. Commissioner Cozad moved to approve on Final Reading. Commissioner Moreno seconded the motion, and it carried unanimously. 4) SECOND 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. Seconded by Commissioner Cozad, the motion carried unanimously. Mr. Barker read the title for the record. Michelle Martin, Department of Planning Services, presented the changes made at the first reading pertaining to the solar component. IR Richard Miller, Representative of Clean Energy Selective, thanked Ms. Martin and the Commissioners for working with the industry. He stated he is pleased with how the code is written. Commissioner Conway moved to approve on Second Reading. The motion, which was seconded by Commissioner Cozad, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2016-05 was approved on Final Reading and Code Ordinance #2015-27 was approved on Second Reading. 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 10:27 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d 4 ;oki� Mike Freeman, Chair Weld County Clerk to the Board BY621PAP-e- a. uty Clerk to the Board fita Sean P. Conway, Pro-Tem ozad EXCUSED Barbara Kirkmeyer Steve Moreno Minutes, June 20, 2016 2016-1861 Page 4 BC0016 Hello