HomeMy WebLinkAbout20153711.tiff RECORD OF PROCEEDINGS
MINUTES (Part 1)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 23, 2015
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 23, 2015, at the hour of 9:00 a.m.
El 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
IEJ MINUTES: Commissioner Cozad moved to approve the minutes of the Board of County
Commissioners meeting of November 18, 2015, as printed. Commissioner Freeman seconded the
motion, and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on November 18, 2015, as follows: 1) COZ15-0001 -Weld 34, LLC, c/o Envirotech
Services. Commissioner Moreno seconded the motion, which carried unanimously.
IEJ AMENDMENTS TO AGENDA: There were no amendments to the agenda.
El CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PROCLAMATIONS:
la 1) BRIGHT FUTURES DAY - DECEMBER 1, 2015: Chair Kirkmeyer read the certificate
proclaiming December 1, 2015, as Weld County Bright Futures Day. Commissioner Moreno commented
he has been honored to participate in the various speaking engagements to promote this program.
Commissioner Freeman expressed support for the anticipated workforce development and increased
graduation rates. Commissioner Cozad reiterated her support as a means of hope for individuals to gain
additional training and increased opportunities to provide for families and make generational changes.
Commissioner Conway agreed with the previous comments and stated next Tuesday is an excellent
opportunity to donate and be a part of this wonderful program. He stated this program can only be
Minutes (Part 1), November 23, 2015 2015-3711
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successful if residents participate in donating and take advantage of the financial advantages (50%
property tax credit, and federal/state tax credits) which must be done by the end of the year. It creates
an incentive for graduating seniors, for those who did not complete traditional high school and go back
and earn their GED and for honorably discharged Veterans. Chair Kirkmeyer stated every day is a bright
day and she urged the public to join the Commissioners by investing back into the community.
ig PUBLIC INPUT: No public input was given.
OLD BUSINESS:
1) CONSIDER PETITION AND AUTHORIZE VACATION OF A PORTION OF CR 61 - ROBERT
AND RODNEY WILSON (CON'T FROM 9/21/2015): Frank Haug, Assistant County Attorney, explained
the survey indicates the 60-foot right-of-way on County Road (CR) 61 which needs to be deeded. He
stated the petitioners are still working with the neighbors and have requested an additional continuance
to January 11, 2016. Stephanie Watson, Colorado Land Associates, represented the petitioners to
request a continuance to complete the paperwork with the Hardy's who own the adjoining property. She
confirmed the landowners are agreeable. Commissioner Conway moved to continue consideration of
said petition to January 11, 2016, at 9:00 a.m. The motion was seconded by Commissioner Cozad, and
it carried unanimously.
NEW BUSINESS:
ID 1) CONSIDER STANDARD FORM FOR CONTRACT AGREEMENT AMENDMENT BETWEEN
THE DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE CHAIR
TO SIGN DOCUMENTS CONSISTENT WITH SAID FORM: Judy Griego, Director of Department of
Human Services, presented the revised Form for consideration regarding amendments to Child Welfare
Agreements for child protection. Commissioner Cozad moved to approve said Form and authorize the
Chair to sign future documents consistent with said Form. Seconded by Commissioner Conway, the
motion carried unanimously.
(Clerk's Note: Due to technical difficulties, the remainder of the audio and minutes for this meeting are
available in a separate file entitled miBOCC112315-part 2.)
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
The meeting was adjourned at 9:19 a.m.for a short recess to allow for a restart of the audio system.
Minutes (Part 1), November 23, 2015 2015-3711
Page 2 BC0016
RECORD OF PROCEEDINGS
MINUTES (Part 2)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 23, 2015
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 23, 2015, 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 Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Controller, Barbara Connolly
El (Clerk's Note: Chair Kirkmeyer reconvened the meeting at 9:32 after a successful restart of the
audio system. See document title miBOCC112315 for first part of the minutes and audio.)
IEI 2) CONSIDER EXPENDITURE AUTHORIZATION FOR VARIOUS WORKFORCE
DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego reviewed the various
programs terms funded under the WIOA(Workforce Innovation and Opportunity Act), stating $866,842.00
will be utilized to provide reemployment, training and case management, as well as pay for some staff
and operational expenses. Commissioner Freeman moved to approve said expenditure authorization
and authorize the Chair to sign. Seconded by Commissioner Cozad , the motion carried unanimously.
E 3) CONSIDER GRANT AGREEMENT FOR DOMESTIC VIOLENCE FAST TRACK PROGRAM
AND FELONY DOMESTIC VIOLENCE SERVICES PROJECT AND AUTHORIZE CHAIR TO SIGN:
JoAnn Holden, 19th Judicial District Attorney's Office, reviewed the terms and provisions for the second
year of a two-year grant which pays partial salaries for VictimWwitnessAassistants. Commissioner
Conway moved to approve said grant agreement and authorize the Chair to sign. The motion, which was
seconded by Commissioner Moreno, carried unanimously. Commissioner Conway commended the Unit
for their good work.
El 4) CONSIDER MEMORANDUM OF UNDERSTANDING FOR OUTDOOR LIGHTING
REPLACEMENT SUPPLEMENTAL ENVIRONMENTAL PROJECT AND AUTHORIZE CHAIR TO SIGN
- NOBLE ENERGY, INC.: Toby Taylor, Direcor of the Department of Buildings and Grounds, explained
$333,925 was received for SEP (Supplemental Environmental Project) Outdoor Lighting; however, the
funding for the courthouse windows was denied. He indicated the MOU includes the SEP Agreement as
Minutes, November 23, 2015 2015-3711
Page 1 BC0016
Exhibit A. In response to Commissioner Conway, Tom Parko, Director of the Department of Planning
Services, stated he served on the review committee; however, the final decision was made by the
Colorado Department of Public Health and Environment (CDPHE). Mr. Parko further confirmed that the
Committee reviewed all of the applications and, although the Sage Grouse project was not highly ranked,
the State did grant it $500,000 which is now being used for habitat in Western Colorado which is not in
this SEP identified region. Commissioner Conway asserted that the State chose to utilize Court-decreed
funding intended for the Weld County Courthouse, which was ranked in the top four. Chair Kirkmeyer
confirmed for Commissioner Conway that if the MOU is not approved then the remaining funding will not
be received. Commissioner Conway moved to approve said MOU and authorize the Chair to sign. The
motion was seconded by Commissioner Cozad. Commissioner Conway commented that what was done
in this process is uncontionable. There was an independent group made up of representatives from the
CDPHE, Noble and Weld County who reviewed and scored the projects, and the courthouse project was
highjacked to fund a political project which goes against the federal court order concerning this process.
He stated he intends to address this situation with the Governor at CCI. Commissioner Moreno agreed,
but thanked the County staff who were involved for their time and effort, despite the disappointing
outcome. Chair Kirkmeyer noted that the Noble representative would also have had to agree. There
being no further discussion, the motion carried unanimously.
la 5) CONSIDER DISASTER RECOVERY SITE USE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - COLORADO GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY: Ryan Rose, Director
of the Department of Information Technology, reviewed the terms and provisions of this agreement which
will allow a replication of the various applications utilized by the Departments of Human Resources and
Finance, as well as the web server application to the State's Enterprise Facility for Operational Recovery
Readiness Response and Transition Services. Commissioner Freeman moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it
carried unanimously.
El 6) CONSIDER PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
EMC CORPORATION: Mr. Rose stated this is a no-cost agreement for the installation and
implementation of backup and storage of infrasturucture. Commissioner Moreno moved to approve said
agreement and authorize the Chair to sign. Commissioner Cozad seconded the motion, which carried
unanimously.
El 7) CONSIDER AMENDMENT TO AGREEMENT FOR CENTURYLINK LOYAL ADVANTAGE AND
AUTHORIZE CHAIR TO SIGN - CENTURYLINK COMMUNICATIONS, LLC: Mr. Rose stated this is a
no-cost amendment for the second redundant SIP trunks for the phone system. Commissioner Cozad
moved to approve said amendment and authorize the Chair to sign. Commissoner Conway seconded
the motion, and it carried unanimously.
El 8) CONSIDER LEASE FOR NIWOT TOWER SITE AND AUTHORIZE CHAIR TO SIGN - LEFT
HAND WATER DISTRICT: Mike Wallace, Director of Public Safety Communications, reviewed the lease
provisions to construct the Mountain View / Niwot radio site. He referenced a stipulation that the
permitting must be approved by Boulder County to be valid. In response to Commissioner Conway, Mr.
Wallace explained a current agreement must be in place with the Left Hand Water District to satisfy the
requirements of the Boulder County land use process. The compensation is $1,500.00 per month for
five years, which is renewable for five 5-year terms. Commissioner Conway moved to amend the
Resolution to replace the word "Tank" with "Tower." The motion was seconded by Commissioner
Moreno, and it carried unanimously. Commissioner Moreno moved to approve said lease and authorize
the Chair to sign. Seconded by Commissioner Freeman,the motion carried unanimously. Commissioner
Minutes, November 23, 2015 2015-3711
Page 2 BC0016
Conway commented this is going to enhance public safety capabilities and resolve a deadspot for
response by the Mountain View Fire Protection District, which he described for the record.
-�--- 9) CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CRS 15.5 AND 17: Amy Joseph,
Department of Public Works, reviewed the provisions of the closure which will be effective from
November 30, 2015, to December 4, 2015, for a culvert replacement. Commissioner Freeman moved to
approve said temporary closure. Commissioner Conway seconded the motion, and it carried
unanimously.
la 10) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR SIGNAL MAINTENANCE
AT INTERSECTION OF WELD COUNTY PARKWAY AND CRS 47 AND 60.5 AND AUTHORIZE CHAIR
TO SIGN - W.L. CONTRACTORS INC.: Jay McDonald, Director of the Department of Public Works,
stated the traffic signal at CRs 47 and 60.5 falls under the jurisdiction of the County starting today;
however, W.L. Contractors will provide the annual maintenance and repair. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Freeman, the motion carried unanimously.
Eri 11) CONSIDER AUTHORIZATION FOR FILING OF PROCEEDINGS IN EMINENT DOMAIN,
PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST MARK AND AMY FELLINI: Bob Choate,
Assistant County Attorney, presented the request to pursue eminent domain since attempted negotiations
have been unsuccessful. In response to Commissioner Cozad, Mr. Fellini confirmed the spelling of his
name to be corrected on the Agenda. Mr. Fellini also explained his position concerning the value of his
property. Mr. Choate confirmed $5,000/acre has been authorized based on comparable sales of
properties of this size; however, Mr. Fellini believes the value to be $15,000/acre. Chair Kirkmeyer
explained the eminent domain process. Mr. Fellini agrued against the value being based on the entire
60 acres, versus the value for the 1.6 acres in question. Chair Kirkmeyer commented that the value of
the 1.6 acres will not likely increase in value because it is anticipated to become part of a road.
Commissioner Conway stated the County tries very hard to be fair and balanced when determining proper
value to ensure tax payer dollars are appropriately spent at fair market value. Commissioner Moreno
moved to authorize said filing of proceedings in Eminent Domain. Seconded by Commissioner Cozad,
the motion carried unanimously. Commissioner Cozad expressed her desire to come to an agreement
through the process while remaining consistent with previous prices paid. Commissioner Moreno agreed
he is not a supporter of eminent domain but the process is important to ensure fairness. There being no
further discussion, the motion carried unanimously.
E 12) CONSIDER AUTHORIZATION FOR FILING OF PROCEEDINGS IN EMINENT DOMAIN,
PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST BETTY WRIGHT-GOIN AND DAVID WRIGHT:
Mr. Choate presented the intent to acquire 1.219 acres and 4.02 acres of temporary construction
easement in the amount of$5,000/acre for a total of$7,058.00 to be deposited with the Court or the land
owner if they reach an agreement. David Wright submitted the price of $14,500.00. Commissioner
Freeman stated the Commissioners have a fiduciary responsibility to ensure a fair price and, although he
does not like utilizing eminent domain,the process does afford a review by professional appraisers. Chair
Kirkmeyer stated the County's offer is based on fair market value, and if an agreement cannot be reached
then a fair price can be determined via the statutory process. Commissioner Cozad moved to authorize
said filing of proceedings in Eminent Domain. Seconded by Commissioner Moreno, the motion carried
unanimously. Commissioner Moreno reiterated he is not an advocate of eminent domain; however, he
would prefer to move forward to ensure a fair process.
Minutes, November 23, 2015 2015-3711
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El 13) CONSIDER AUTHORIZATION FOR FILING OF PROCEEDINGS IN EMINENT DOMAIN,
PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST ELSIE DALTON AND DONALD MACKEY:
Mr. Choate presented the intent to acquire 1.29 acres in the amount of$5,000/acre as well as 0.42 acres
for a temporary construction easement, for a total amount of$7,263.00 to be deposited with the Court or
paid to the property owner upon agreement. David Wright represented the property owners and
reiterated he understands the work needs to be done but he does not believe the County is offereing a
fair value. Chair Kirkmeyer stated she appreciates his perspective and wants to ensure a fair value
through a consistent process. Commissioner Conway moved to authorize said filing of proceedings in
Eminent Domain. The motion was seconded by Commissioner Cozad. Commissioner Conway
commented this roadway project will be hugely benefictial to the citizens of Weld County, he wants to
ensure a fair price, and the eminent domain process allows for an appraiser of the property owner's
choice. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
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 10:19 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: CAQriw1/ jC�; . EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Chair
Weld Co my Clerk to the Board
�"'+► Mike Freeman, Pro-Tem
BY
Deputy Cle to the ark / �
� F �..►., �1 Sean P. C nway
361 -442
iRs
Julie A. Cozad
r
Steve Moreno
Minutes, November 23, 2015 2015-3711
Page 4 BC0016
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