HomeMy WebLinkAbout20162632.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 15, 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, August 15, 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
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of August 10, 2016, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
El READ ORDINANCE BY AUDIO: Commissioner Kirkmeyer moved to read Code Ordinance
#2016-08 by audio. Commissioner Moreno seconded the motion, which carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Moreno moved to approve the Certification of
Hearings conducted on August 10, 2016, as follows: 1) COZ16-0002 - Coastal Chemical Company, LLC,
and 2) USR-1536 - Donald and Cheryl Hackett. Commissioner Conway seconded the motion, which
carried unanimously.
CrE AMENDMENTS TO AGENDA: Commissioner Kirkmeyer moved to add the following under Bids:
Approve Bid #B1600116, Kiowa Grader Shed - Department of Buildings and Grounds. Seconded by
Commissioner Conway, the motion carried unanimously.
• CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
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PRESENTATIONS:
• 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - MICHAEL WILSON: Chair Freeman
read the certificate for the record. Sheriff Steve Reams presented Mr. Wilson with a plaque and pin and
recognized him for his many accomplishments during his thirty years of being a patrol officer and stated
he is a great friend and mentor and his contributions will be missed. He then presented him with a plaque
from the Sheriff's Office. Each one of the Commissioner's congratulated Mr. Wilson on his retirement and
thanked him for his contributions to Weld County. Commissioner Moreno invited him back to volunteer
on one of the many boards. (Clerk's Note: The meeting was paused for a photo opportunity.)
• PUBLIC INPUT: Commissioner Kirkmeyer recognized Commissioner Cozad for serving as the
Grand Marshal at the Milliken Parade.
BIDS:
1) APPROVE BID #B1600123, CISCO ASR ROUTER — DEPARTMENT OF INFORMATION
TECHNOLOGY: Ryan Rose, Director of Department of Information Technology, presented the seven (7)
bids received and stated staff recommends awarding the low bid from Advanced Network Management
(ANM) for the amount of $25,849.80. Commissioner Conway moved to approve said low bid. Seconded
by Commissioner Moreno, the motion carried unanimously.
El 2) APPROVE BID #B1600116, KIOWA GRADER SHED - DEPARTMENT OF BUILDINGS AND
GROUNDS: Mr. Jiricek reviewed the five responses and stated staff recommends awarding the low bid
from Landmark Builders, Inc., for the amount of $271,885.00. Commissioner Kirkmeyer moved to
approve said low bid. Seconded by Commissioner Cozad, the motion carried unanimously.
• 3) PRESENT BID #B1600119, PW INCIDENT CENTER REMODEL - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek reviewed the five (5) bids received and stated staff will bring
back a recommendation on August 29, 2016.
CE 4) PRESENT BID #B1600127, DEMOLITION (DOWNTOWN BUILDINGS) - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Jiricek presented the seven (7) bids received and stated staff will bring
back a recommendation on August 29, 2016.
• 5) PRESENT BID #B1600125, HVAC FAN COIL REPLACEMENT (COURTHOUSE) -
DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek reviewed the three (3) responses and
stated staff will bring back a recommendation on August 29, 2016.
NEW BUSINESS:
• 1) CONSIDER AGREEMENT FOR TRANSFER OF ENTITLEMENTS FROM GREELEY-WELD
COUNTY AIRPORT TO MEEKER AIRPORT AND AUTHORIZE CHAIR TO SIGN: Bruce Barker, County
Attorney, presented the agreement which will allow the transfer of $150,000.00 of Federal funds from the
Greeley -Weld County Airport to the Meeker Airport. Commissioner Moreno moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
• 2) CONSIDER CERTIFICATION OF NEED FOR PROVISION OF HEALTH CARE SERVICES
PURSUANT TO SECTION 39-3-311-111.5, C.R.S: Mr. Barker stated in order for real and personal
property to be listed as tax exempt the Board has to prove that it will be used for medical care for the
indigent. Commissioner Cozad moved to continue this matter to August 22, 2016, to allow staff to
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determine the percentage of indigent patients served The motion was seconded by Commissioner
Conway, and it carried unanimously.
• 3) CONSIDER NOXIOUS WEED MANAGEMENT AND CONTROL FUND COST SHARE
APPLICATION FOR DALMATIAN TOADFLAX BIOLOGICAL CONTROL AND ABSINTH WORMWOOD
TREATMENTS AND AUTHORIZE CHAIR TO SIGN: Tina Booten, Department of Public Works, reviewed
the terms and conditions of the application to purchase materials for biological control of Toadflax.
Commissioner Kirkmeyer moved to approve said application and authorize the Chair to sign.
Commissioner Conway seconded the motion, and it carried unanimously.
• 4) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 50.5/39A
BRIDGE IMPROVEMENTS PROJECT AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS - DANIEL AND JULIE BUDERUS: Tiffane Johnson, Department of Public Works,
presented the agreement for the total amount of $2,800.00. Commissioner Conway moved to approve
said agreement and authorize the Chair to sign all necessary documents. Seconded by Commissioner
Cozad, the motion carried unanimously.
• 5) CONSIDER REASSIGNMENTS TO JUVENILE COMMUNITY REVIEW BOARD: Commissioner
Cozad moved to approve said reassignments. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
• 6) FIRST READING OF CODE ORDINANCE #2016-08, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY
CODE: Patti Russell, Director of Department of Human Resources, stated Code Ordinance #2016-08
was done to outline the duties and responsibilities and also staff made some modifications to the
grievance policy. Frank Haug, Assistant County Attorney, presented the changes made to the Grievance
Policy, stating it gives the Board more time to submit a decision. No public testimony was offered
concerning this matter. Commissioner Kirkmeyer moved to approve Code Ordinance #2016-08 on First
Reading. Commissioner Moreno seconded the motion, and it carried unanimously.
7) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF LEONA AVENUE -
KENNETH PEREZ: Mr. Haug presented the road petition and displayed slides showing the property and
explained the reasons staff would recommend denying the vacation. (Clerk's Note: audio for this item of
business is unavailable prior to this point.) OMr. Haug stated the problem with vacating the right-of-
way is it restricts the County in the future construction of a road, emergency access, and a future project
for a water pipeline. He stated the options available to the applicant are: 1) to petition to vacate the alley,
or 2) petition for an exemption from the setback, but vacating Leona Avenue is the most cost effective
option. In response to Commissioner Cozad, Elizabeth Relford, Department of Public Works, presented
a map displaying the future water pipeline project that was made possible by a Community Block Grant,
which will be constructed in the right-of-way. She stated they are designing the improvements to see if
the funds are available. Mr. Barker explained an approval for a setback would be a variance and this
would have to go to the Board of Adjustment. 0 In response to Commissioner Cozad, Ms. Perez
pointed out the dimensions of the three (3) lots. She suggested if the easement was vacated it would
make it more feasible to build their home. In response to Commissioner Cozad, Tom Parko, Department
of Planning Services explained there are no current setbacks for water pipelines it is just from the property
boundary, and part of the code states that there can be no permanent structures placed on an easement.
Commissioner Kirkmeyer stated there would still be 20 feet for a six inch water line set back along the
western side of the property line for water lines and other utilities. 0 Ms. Perez stated she would be
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okay with not building the house clear to the west property line. Commissioner Kirkmeyer clarified that
they will retain a 20 -foot easement on the western boundary. Commissioner Kirkmeyer moved to approve
said petition vacate of Leona Avenue and the County will retain a 20 -foot easement along the west side
of boundary line. The motion was seconded by Commissioner Cozad, and it carried unanimously.
PLANNING:
1) FINAL READING OF CODE ORDINANCE #2016-07, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING (OIL AND GAS PIPELINES), OF THE
WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code Ordinance #2016-07 by title only.
Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the
record. Tom Parko, Director of Department of Planning Services, presented the Code Ordinance
concerning oil and gas lines and stated this provides more certainty to the industry and it will protect the
surface owners, although he feels there are some concerns with the ordinance that will need to be
addressed. = Hunter Hoshiko, County resident, read a letter addressed to the Board from his father,
Dennis Hoshiko, expressing his concerns and frustrations with the Oil industry having the power to pursue
eminent domain on landowners, which is a time consuming and expensive process for the land owner
who does not benefit from the projects. He requested that the Commissioners continue to work on the
policy, as the pipelines have a negative impact on agricultural land. George Maxey, resident of Greeley,
concurred with Mr. Hoshiko's letter. Commissioner Kirkmeyer explained the Commissioners have
gone to the capital to testify for the rights of the land owner. She would like to see the ordinance completed
but would also like the Board to continue to work on the Code. Commissioner Cozad explained there
were a lot of pipelines that didn't require a USR before they could commence construction. She would
agree to have a work group to see where there could be added improvements to the Code. El
Commissioner Conway expressed his understanding with the landowners' issue and he stated he will
support approval of the ordinance and forming a work group to address the landowners concerns. Chair
Freeman stated this current Ordinance puts some protections in place for the landowners. Commissioner
Kirkmeyer moved to approve Code Ordinance #2016-07 on Final Reading and committed to establish a
work group. 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 #2016-08 was approved on First Reading, and Code Ordinance
#2016-07 was approved on Final Reading.
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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 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daiteti j,Gto;ei
Weld County Clerk to the Board
BY
Mike Freeman, air
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Sean P. Cpway, Pro-Te
uty Clerk to the Board r\ `� . / 4111�"
Steve Moreno
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