HomeMy WebLinkAbout20150772.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MARCH 16, 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, March 16, 2015, at the hour of 9:00 a.m.
CLI 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 - EXCUSED
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Robert T. Frick
Clerk to the Board, Esther E. Gesick
Controller, Barbara Connolly
la MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County
Commissioners meeting of March 11, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on March 11, 2015, as follows: 1) USR14-0077 — Colby and Sandra Van Cleave,
do VGA Aggregates, LLC. Commissioner Cozad seconded the motion, which carried unanimously.
la AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was given.
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BIDS:
CI 1) APPROVE BID #B1500052, O365 AND WINDOWS ENTERPRISE LICENSES —
DEPARTMENT OF INFORMATION TECHNOLOGY: Ryan Rose, Director of the Department of
Information Technology, stated staff received five responses and took the initiative to review the
provisions and it was clear that the low bid did not fully meet the needs of the project because of the
Colorado Special Provisions that needed to be included in the contract. Frank Haug, Assistant County
Attorney, explained the third party limitations with purchasing from the listed vendors and the terms of
Microsoft negotiations with one contract in Colorado with the company, Insight, which proved to be the
most advantageous option for the County because it does include the necessary Colorado Special
Provisions. In response to Commissioner Conway, Mr. Rose explained the difference in the pricing
options #1 (per user) and #2 (per PC). 12 Sam Penn, Department of Information Technology,
explained the numbers related to users versus PC's and verified that it is more cost effective to proceed
with Option #1. In response to Commissioner Conway, staff confirmed recommending approval of the
bid from Insight for an annual bid amount of $392,042.00. Commissioner Conway moved to approve
the bid as recommended by staff. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
2) PRESENT BID #B1500056, ASPHALT SUPPLY, HOT AND WARM MIX FOR 2015 (SOUTH
COUNTY ONLY) - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services,
presented the three bids received and stated staff will make a recommendation on March 30, 2015.
OLD BUSINESS:
El 1) CONSIDER PETITIONS FOR ABATEMENT OR REFUND OF TAXES - NOBLE ENERGY,
INC. (CON'T FROM 3/9/2015): Christopher Woodruff, Weld County Assessor, stated he maintains staff
recommendation to deny. Robert Frick, County Attorney, stated the petitioner's counsel was informed
this matter was to be continued to a future date when all five commissioners will be present and to
allow time to provide adequate notice to Noble Energy, Inc. Commissioner Conway moved to continue
said petition, as recommended by the County Attorney. Seconded by Commissioner Moreno, the
motion carried unanimously.
NEW BUSINESS:
la 1) CONSIDER CUSTOM EXHIBIT FOR HIPATH LIFECYCLE MAINTENANCE CONTRACT AND
AUTHORIZE CHAIR TO SIGN - UNIFY, INC.: Susan Quick, Department of Information Technology,
stated staff is requesting a one-year extension to the current contract for an amount of $136,936.42.
Commissioner Moreno moved to approve said custom exhibit and authorize the Chair to sign. The
motion, which was seconded by Commissioner Conway, carried unanimously.
CI 2) CONSIDER TEMPORARY CLOSURE OF CR 68 BETWEEN CR'S 67 AND 85: Janet
Lundquist, Department of Public Works, reviewed the provisions of the closure effective March 16,
2015, through March 27, 2015, for four culvert replacments. Message boards will be utilized and
notification sent to surrounding residents, school districts and emergency response offices. In
response to Commissioner Conway, Ms. Lundquist stated the detour routes will not result in significant
impacts since it is rural, and will be applying magnesium chloride for dust control. Commissioner
Conway moved to approve said temporary closure. Commissioner Cozad seconded the motion, and it
carried unanimously.
El 3) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 57 AT CR 76:
Ms. Lundquist requested approval to place a Stop sign on southbound CR 57 as it intersects with
CR 76 to address a sight distance issue at the T intersection. Commissioner Cozad moved to approve
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the installation of a Traffic Control Device, per the recommendation of staff. The motion was seconded
by Commissioner Moreno, and it carried unanimously.
0 4) CONSIDER SUBMISSION OF APPLICATION TO PUBLIC UTILITIES COMMISSION FOR
IMPROVEMENTS TO RAILROAD CROSSING AT CR 26 NEAR U.S. HIGHWAY 85 AND AUTHORIZE
COUNTY ATTORNEY TO SIGN: Bob Choate, Assistant County Attorney, requested approval of
submittal of this application which the Public Utilities Commission requires an attorney to submit. It will
allow for changes in coordination with a nearby project. In response to Commissioner Cozad, Chair
Pro-Tem Freeman stated this was discussed at the Highway 85 Coalition meeting last week and there
was discussion concerning gaining input from impacted communities before the Railroad or CDOT
makes revisions. He further clarified that there will be more to follow on the agenda next month.
0 Commissioner Conway commented these projects were initiated without any local input; however,
once notice of the projects was received, the Highway 85 Coalition chose to be actively engaged in the
remainder of the project. Richard White, Department of Public Works, was present to answer any
questions. Commissioner Moreno moved to approve said application and authorize Bob Choate,
Assistant County Attorney, to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
5) CONSIDER STANDARD FORM OF ELECTRONIC RECORDING MEMORANDUM OF
UNDERSTANDING WITH VARIOUS ENTITIES AND AUTHORIZE CHAIR TO SIGN AGREEMENT
DOCUMENTS CONSISTENT WITH SAID FORM: Mr. Choate explained this item is a part of
continuing updates to standard form agreements allowing electronic recording in lieu of paper
documents; and further stated, it has undergone significant changes due to the amount of time since
last revised. Commissioner Conway moved to approve said form and authorize the Chair to sign
documents consistent with said form. The motion, which was seconded by Commissioner Cozad,
carried unanimously.
0 6) CONSIDER TWO (2) STANDARD FORMS OF MEMORANDUMS OF UNDERSTANDING
CONCERNING USE OF BUILDING (OPEN POD/CLOSED POD) AND AUTHORIZE CHAIR TO SIGN
DOCUMENTS CONSISTENT WITH SAID FORMS: Mr. Choate explained this prior agreement has
been split into two individual agreements reflecting usage of either Open Point of Distribution or Closed
Point of Distribution in the event of an emergency resulting in the need for strategic dispensation of
vaccinations or prophylaxis medications to an organization or the public. Commissioner Moreno moved
to approve said forms and authorize the Chair to sign documents consistent with said forms. The
motion, which was seconded by Commissioner Conway, carried unanimously.
la 7) CONSIDER CONTRACT EXTENSION/RENEWAL REQUEST FOR 2015 FUEL (#6003 09) -
AGFINITY, INC. (FKA AGLAND, INC.): Barbara Connolly, Controller, stated this went to bid in 2009
and resulted in a three-year contract, effective from April 27, 2009, through April 27, 2012, with the
potential of four (4) one-year extentions. The terms remain the same and staff recommends approval.
Commissioner Conway moved to approve said contract extension/renewal and authorize the Chair to
sign. Commissioner Cozad seconded the motion, and it carried unanimously.
0 8) CONSIDER AMENDMENT #1 TO LOAN FUND GRANT AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - COLORADO ENTERPRISE FUND, INC.: Don Warden, Director of Finance and
Administration, explained the history and terms of the Amendment to the Loan Fund Grant Agreement
providing loans to small businesses in Weld County. This grant has been successful in making loans to
small businesses that, in turn, created jobs. The current terms of the amendment include a match of
$150,000.00 for a total of $300,000.00. Mr. Warden also reviewed the provisions and qualifications for
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small businesses to qualify. In response to Commissioner Cozad, Mr. Warden stated the Colorado
Enterprise Fund actively seeks marketing through various venues making the information readily
available. Commissioner Conway stated the historical and present intent was and is to direct and
afford as much support as possible and it has proven to be very successful throughout the region.
Commissioner Moreno moved to approve said amendment and authorize the Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
PLANNING:
ID 1) CONSIDER REQUEST TO MODIFY USE BY SPECIAL REVIEW PERMIT, USR-1651, TO
RELOCATE AND ENLARGE PROPOSED SHOP BUILDING AND DELETE CONDITIONS OF
APPROVAL #1.B.3, AND #1.L AND DEVELOPMENT STANDARDS #4 AND #27 - JAY AND
SHERRIE WOODS: Chris Gathman, Department of Planning Services, stated the applicant is
proposing to enlarge and move the shop building to address drainage concerns that were realized
through the building permit process and they are requesting to remove the requirement of the screening
plan. He stated that in response to these requests, staff did visit the site, and he displayed photographs
from his site inspection. Mr. Gathman also displayed an aerial photograph and described the
surrounding uses and conveyed that staff is in agreement that screening not be required based on
surrounding uses and with relocating and enlarging the building. In response to Commissioner
Conway, Mr. Gathman stated this property originally started out as a zoning complaint initiated in 2005,
then it was rezoned from Residential to Agricultural and subsequently submitted the USR. Further, he
does not recall seeing any significant discussion concerning screening mitigation. He also noted notice
for the USR was sent to surrounding property owners within 500 feet of this request and there is no
evidence of receiving concerns. IR Responding to Commissioner Cozad, Mr. Gathman clarified the
zoning change, stated they are currently operating at the site, and the applicant stated they have
one-ton trucks and a trailer for the lawn and tree care business. El Brad Woods, applicant, reiterated
the building is intended for indoor storage of his equipment. He stated his dad originally began the
process; however, he battled a medical situation for many years and after he passed in 2012, the
applicant stated he took it over and would like to get everything finalized, including getting the plat
recorded. El No public testimony was offered concerning this matter. Commissioner Cozad
moved to approve said request to modify USR-1651 to relocate and enlarge the proposed shop building
and delete Conditions of Approval #1.B.3 and #1.L, and Development Standards #4 and #27.
Seconded by Commissioner Conway, 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.
Minutes, March 16, 2015 2015-0772
Page 4 BC0016
There being no further business, this meeting was adjourned at 9:48 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: { ! / EXCUSED
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Weld County Clerk to the Board ` ,
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Minutes, March 16, 2015 2015-0772
Page 5 BC0016
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