HomeMy WebLinkAbout20161741.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 6, 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 6, 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 - 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 1, 2016, as printed. Commissioner Moreno seconded the motion, and
it carried unanimously.
IR CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on June 1, 2016, as follows: 1) USR15-0020 - Wade Castor and Deland Castor, do
Whiting Oil and Gas, and 2) USR15-0021 - RJM Land Company, do BNN Western, LLC . Commissioner
Cozad seconded the motion, which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IR CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
• PUBLIC INPUT: No public input was given.
BIDS:
1) PRESENT BID #B1600071, CALIFORNIA KNEADING COMPACTOR - DEPARTMENT OF
PUBLIC WORKS: Trevor Jiricek, Director of General Services, presented the four (4) bids and stated
staff will make a recommendation June 20, 2016.
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Minutes, June 6, 2016 2016-1741
Page 1 BC0016
NEW BUSINESS:
• 1) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD CARE QUALITY
IMPROVEMENT TASK FORCE AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD
COUNTY: Judy Griego, Director of Department of Human Services, reviewed the agreement to allow
the County to support United Way regarding the quality child care task force. Commissioner Moreno
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
E 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR CHILD CARE MARKET
RATE AUDIT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY: Ms. Griego
presented the agreement for a market rate survey that the County will provide to United Way.
Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
• 3) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR COMMUNITY CHILD
CARE NEEDS ASSESSMENT AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD
COUNTY: Ms. Griego stated this agreement will allow United Way to provide a needs assessment for
child care. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
E 4) CONSIDER TASK ORDER AMENDMENT #1 FOR REPAIRS/REPLACEMENT OF WELD
COUNTY SEPTIC SYSTEMS DAMAGED BY THE SEPTEMBER 2013 FLOODS AND AUTHORIZE
CHAIR TO SIGN: Dr. Mark Wallace, Director of the Department of Public Health and Environment,
reviewed the amendment which is a reduction of the amount of funds available to the County. In
response to Commissioner Cozad, Mr. Jiricek stated the repairs to the septic systems were done 18
months before the funds were made available. Commissioner Moreno moved to approve said
amendment and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried
unanimously.
'E---- 5) CONSIDER LEASE AGREEMENT FOR IMPROVED REAL ESTATE (822 7TH STREET) AND
AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of Buildings and Grounds, presented the terms of
the lease have been amended to allow any contractor to complete the remodel. Commissioner Cozad
moved to approve said lease and authorize the Chair to sign. The motion, which was seconded by
Commissioner Moreno, carried unanimously.
CE 6) CONSIDER THIRD AMENDMENT TO BUILDING OPTION AND LEASE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - VERIZON WIRELESS, LLC: Mr. Taylor reviewed the amendment to
the lease which will allow the tenant to replace some antennas and other support equipment on the
building. Commissioner Moreno moved to approve said amendment and authorize the Chair to sign.
The motion was seconded by Commissioner Cozad, and it carried unanimously.
E 7) CONSIDER MEMORANDUM OF UNDERSTANDING CONCERNING EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AND AUTHORIZE CHAIR TO SIGN - CITY OF
GREELEY: Jennifer Oftelie, Sheriff's Office, explained the City of Greeley is the fiscal manager of the
grant the County is the recipient of $15,000.00. Commissioner Conway moved to approve said
memorandum of understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Cozad, and it carried unanimously.
Minutes, June 6, 2016 2016-1741
Page 2 BC0016
• 8) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R8940006) - GARY
DEJOHN: Christopher Woodruff, Weld County Assessor, made known that originally there were seven
(7) parcels and staff has resolved all but three (3) that remain. He requested a continuance of this matter
for a month so a stipulation can be entered. Commissioner Conway moved to continue this matter to
July 6, 2016. The motion, which was seconded by Commissioner Moreno, carried unanimously. (Clerk's
Note: The Assessor's Office subsequently settled the value and the matter was dismissed.)
IR 9) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R8940009) - GARY
DEJOHN: Mr. Woodruff stated this is part of the three (3) parcels in consideration as discussed
previously. Commissioner Conway moved to continue this matter to July 6, 2016. The motion was
seconded by Commissioner Cozad, and it carried unanimously. (Clerk's Note: The Assessor's Office
subsequently settled the value and the matter was dismissed.)
El 10) CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES (R1168696) - GARY
DEJOHN: Commissioner Conway moved to continue this matter to July 6, 2016. The motion, which
was seconded by Commissioner Moreno, carried unanimously. (Clerk's Note: The Assessor's Office
subsequently settled the value and the matter was dismissed.)
IR 11) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - BRYNNE GANT: Barb Connolly, Controller, explained this agreement will allow Ms. Gant to
teach Zumba class after hours and there is no cost to the County. Commissioner Cozad moved to
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Moreno, the
motion carried unanimously.
El 12) CONSIDER ADDENDUM TO REAL PROPERTY PURCHASE AGREEMENT FOR
COMPLETE CERTAIN IMPROVEMENTS TO CR 49 AND AUTHORIZE CHAIR TO SIGN ANY
NECESSARY DOCUMENTS - E. JEAN SWARTZ: Tiffane Johnson, Department of Public Works,
presented the addendum due to a sub -contractor who inadvertently left a gap in the fencing and there
are no other changes to the agreement. Commissioner Conway moved to approve said addendum and
authorize the Chair to sign. Commissioner Cozad seconded the motion, and it carried unanimously.
ID 13) CONSIDER TEMPORARY CLOSURE OF CR 13 BETWEEN CR 54 AND U.S. HIGHWAY 34:
Janet Lundquist, Department of Public Works, reviewed the closure requested by DCP Midstream and
Little Thompson Water District effective June 6, 2016, through June 10, 2016. Ms. Lundquist reported
DCP Midstream will be cleaning up an area of contaminated soil and also installing ground water
monitors and repairing the roadway. Little Thompson Water District will be installing a water line service
and repairing the roadway. Commissioner Moreno moved to approve said temporary closure. The
motion, which was seconded by Commissioner Cozad, carried unanimously.
• 14) CONSIDER QUIT CLAIM DEED AND AUTHORIZE CHAIR TO SIGN - BENJAMIN AND
JOANNE KNAUB: Bob Choate, Assistant County Attorney, stated this is a clean-up for a Recorded
Exemption involoving an old surface easement from 1953 sold to the County for gravel. Commissioner
Cozad moved to approve said quit claim and authorize the Chair to sign. The motion was seconded by
Commissioner Moreno, and it carried unanimously.
• 15) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - ETHAN DOAK: Commissioner Conway moved to approve said appointment of Mr. Doak and
authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
Minutes, June 6, 2016 2016-1741
Page 3 BC0016
PLANNING:
CI 1) SECOND READING OF CODE ORDINANCE #2015-25, IN THE MATTER OF REPEALING AND
REENACTING WITH AMENDMENTS, CHAPTER 23 ZONING (WATER LINES) OF THE WELD
COUNTY CODE (con't from 5/16/2016): Commissioner Conway moved to read Code Ordinance #2015-
25 by title only. Seconded by Commissioner Cozad, the motion carried unanimously. Bruce Barker,
County Attorney read the title for record. el In response to Commissioner Cozad, Tom Parko, Director
of Department of Planning Services, stated that the Code pertains to only Chapter 23 and any reference
to Chapter 21 needs to be removed. He presented the code which addresses water transmission lines
greater than 16" in diameter. Mr. Parko explained the purpose of the code is to add a land use process
for water transmission lines and require a Use by Special Review process. He outlined the three (3)
exceptions built into the code that include municipalities, special districts and irrigation and canal
companies. There have been no changes made since the first reading. In response to Commissioner
Moreno, Mr. Parko stated there have been two (2) Stakeholder Meetings and all the comments have
been taken into account or addressed. IR Tom Norton, Mayor of the City of Greeley, explained although
he met with the City Attorney he still doesn't feel the changes are sufficient enough and he would like to
see specific exemptions pertaining to the City of Greeley. He stated the Use by Special Review process
is the incorrect way to regulate the distribution of water. He had legal counsel write an amendment which
exempts the City of Greeley. Mayor Norton expressed he would like the exemption written as a simple
as possible without legal language. U Chair Freeman clarified there is no requirement for water used
by Weld County citizens because it is written to state the exemptions. Mayor Norton expressed his
frustration about the legal language being misinterpreted by future elected officials. 12 Commissioner
Moreno reiterated that this is only second reading and the Board will take all Mayor Norton's comments
into consideration when drafting the final reading. Commissioner Conway expressed that if the
language in the code is changed to start adding specific language, it could create inequities and he
believes the language Mayor Norton is seeking is already in there. Commissioner Cozad supported
moving forward to the final reading and if anyone has any questions they can refer back to the record.
ell Commissioner Moreno stated he is favor of the second reading and Commissioner Conway
reiterated the way code is written will protect all municipalities. Commissioner Conway moved to approve
Code Ordinance #2015-25 on Second Reading. Seconded by Commissioner Moreno, the motion carried
unanimously. Each one of the Commissioners thanked Mayor Norton and the Stakeholders for their
comments and support.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-25 was approved on Second Reading.
Minutes, June 6, 2016 2016-1741
Page 4 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 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: e 4A)
Weld County Clerk to the Board
BY
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Clerk to the Board
EXCUSED ON DATE OF APPROVAL
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
CUSED
bara Kirkmeyer
Steve Moreno
Minutes, June 6, 2016 2016-1741
Page 5 BC0016
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