HomeMy WebLinkAbout20142762.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 8, 2014
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, September 8, 2014, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Clerk to the Board, Esther Gesick
El MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of September 3, 2014, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
• CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on September 3, 2014, as follows: 1) USR14-0033 - Hankins Farms, LLC, and
2) USR14-0027 - Michael Decker, do Miller HFI, LLC. Commissioner Kirkmeyer seconded the motion,
which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Ili CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
El 1) RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
- GAIL CONKLIN: Chair Rademacher read the certificate recognizing Gail Conklin for her years of
service. Trevor Jiricek, Department Head, and Dr. Mark Wallace, Director, were present to receive the
certificate on behalf of Ms. Conklin.
El PUBLIC INPUT: Steve Teets, County resident, inquired concerning the increase of gas prices
despite the increase of domestic oil and gas drilling. Chair Rademacher briefly explained how the
prices are driven by the global rate and world-wide financing. Commissioner Garcia also commented
Minutes, September 8, 2014 2014-2762
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the current gas prices are actually less than the overall consumer rate. Commissioner Conway stated it
is also impacted by the increased use internationally. kJ Mr. Teets also referred to the need for a
new connecting route for regional transportation east of 1-25. Commissioner Conway commented the
North Front Range MPO worked very hard on this issue but they did not receive the necessary amount
of ridership to make it feasible; however, they will continue to work with local jurisdictions as population
needs continue to grow.
NEW BUSINESS:
1) CONSIDER TASK ORDER CONTRACT FOR MATERNAL AND CHILD HEALTH (MCH)
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public
Health and Environment, reviewed the terms and provisions of said task order contract, which
encompasses four separate programs, as further detailed in the memorandum dated September 4,
2014. He also addressed questions from the Commissioners concerning coordination with local school
districts for healthy eating policies and practices. Commissioner Conway moved to approve said task
order contract and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer
and carried unanimously. Commissioner Freeman moved to correct the Resolution to reflect a correct
term ending of September 30, 2015. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
El 2) CONSIDER TEMPORARY CLOSURE OF CR 91 BETWEEN CRS 4 AND 8: Janet Lundquist,
Department of Public Works, reviewed the provisions of the closure. Commissioner Garcia moved to
approve said temporary closure. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
El 3) CONSIDER TEMPORARY CLOSURE OF CR 91 BETWEEN CR 8 AND STATE
HIGHWAY 52: Ms. Lundquist reviewed the provisions of the closure. In response to Commissioner
Kirkmeyer, Ms. Lundquist stated this closure is for typical maintenance, the closure sections will be
staggered, and the timing is dependent upon ordering large culverts and scheduling equipment.
Following discussion, it was agreed the the impact should be minimal, since the area is primarily
dryland farming and harvest is already completed. Commissioner Kirkmeyer moved to approve said
temporary closure. Commissioner Conway seconded the motion, and it carried unanimously.
4) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 28 AT CR 21:
Ms. Lundquist reviewed her recommendation for the installation of Stop signs. Following discussion,
Commissioner Kirkmeyer moved to deny said installation of Stop signs and instructed staff to install
"Pavement Ends" signs for public awareness and safety. Commissioner Garcia seconded the motion,
and it carried unanimously.
IR 5) CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES ON CR 95 AT CR 122:
Ms. Lundquist reviewed her recommendation for the installation of Stop signs. Commissioner Freeman
moved to approve said installation. Commissioner Conway seconded the motion, and it carried
unanimously.
Fl 6) CONSIDER AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENT FOR
CERTAIN IMPROVEMENTS TO INTERSECTION OF CRS 44 AND 49 AND AUTHORIZE CHAIR TO
SIGN NECESSARY DOCUMENTS - T3 LAND AND INVESTMENT, LLC: Leon Sievers, Department
of Public Works, stated this is a federally funded intersection improvement project and he reviewed the
cost for the acerage acquired, which was based on an appraisal. Commissioner Kirkmeyer moved to
Minutes, September 8, 2014 2014-2762
Page 2 BC0016
approve said agreement and authorize the Chair to sign. Seconded by Commissioner Garcia, the
motion carried unanimously.
7) CONSIDER AGREEMENT FOR RELOCATION OF SECTION OF DITCH (BRIDGE
REPLACEMENT AT INTERSECTION OF CRS 42 AND 29) AND AUTHORIZE CHAIR TO SIGN -
FARMERS INDEPENDENT DITCH (FIDCO): Michael Bedell, Department of Public Works, stated staff
is planning to start this project in November, to remove the old structure, install a new box culvert and
realign the road, which also requires relocation of a portion of the adjacent ditch. He stated the County
will be doing the work so there is no cost, other than reimbursing FIDCO for legal review costs.
Commissioner Kirkmeyer stated she would like to have further discussion concerning paying legal fees
and the need to ensure which right-of-way was the predecessor. Specific to this agreement,
Mr. Sievers reviewed the acquisition cost for the property which will contain the new ditch alignment
and then be turned over to FIDCO for maintenance. Commissioner Kirkmeyer moved to approve said
agreement and authorize the Chair to sign. The motion was seconded by Commissioner Freeman.
Commissioner Conway stated he will vote in favor; however, he does not believe the County should
pay for legal fees, especially considering the County paid to acquire the property which will be turned
over to the Ditch Company. There being no further discussion, the motion carried unanimously.
El 8) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR53/58A) PURSUANT TO
AGREEMENT FOR 30% DESIGN FOR REPLACEMENT OF BRIDGE AND AUTHORIZE CHAIR TO
SIGN - ATKINS NORTH AMERICA, INC.: Clay Kimmi, Department of Public Works, explained this
project will be newly designed at a 100-year capacity and complete flood repairs on the County Road
(CR) 53 roadway and bridge. Commissioner Conway moved to approve said work order form and
authorize the Chair to sign. Commissioner Garcia seconded the motion, and it carried unanimously.
e 9) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR3/42A) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.: Richard
White, Department of Public Works, stated this and the following five items will complete the flood
recovery repair projects along the Big and Little Thompson Rivers. Commissioner Kirkmeyer moved to
approve said work order form and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
11 10) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR5/42A) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.:
Commissioner Conway moved to approve said work order form and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
El 11) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR15.5/52) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.:
Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The
motion, which was seconded by Commissioner Kirkmeyer, carried unanimously.
Minutes, September 8, 2014 2014-2762
Page 3 BC0016
F 12) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR19/46.5A) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.:
Commissioner Conway moved to approve said work order form and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
13) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR13/54A) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.:
Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
Ii 14) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR54/13A) PURSUANT TO
AGREEMENT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR
PERMANENT REPAIRS AND AUTHORIZE CHAIR TO SIGN - BOHANNAN HUSTON, INC.:
Commissioner Freeman moved to approve said work order form and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously. In response to Commissioner
Conway, Mr. White stated these work orders will establish the engineering work, followed by a bid
within the next month to determine a contractor to complete the work by the end of the year.
Fl 15) CONSIDER BUDGET MODIFICATION TO THE 2010 CONGRESSIONAL SELECT GRANT
AND AUTHORIZE ELECTRONIC SUBMITTAL: Alan Caldwell, Sheriff's Office, explained the originally
approved items were purchased and there were various costs savings which has resulted in a
remaining balance of$38,461.00, therefore, the Lab Director would like to spend the remaning funds on
eleven (11) additional items which he reviewed for the record. In response to Commissioner
Kirkmeyer, Detective Darren Ford, explained the use of the additional equipment and confirmed they
will designate which items are grant funded and not subject to replacement without further grant
funding. Commissioner Conway moved to approve said modification and authorize electronic
submittal. Commissioner Garcia seconded the motion, and it carried unanimously.
F 16) CONSIDER AUTHORIZATION OF FILING OF PROCEEDINGS IN EMINENT DOMAIN,
PURSUANT TO SECTION 38-1-101, C.R.S., AGAINST CITY AND COUNTY OF BROOMFIELD: Bob
Choate, Assistant County Attorney, stated the City/County Attorney suggested this process as a means
of acquiring the needed right-of-way without a vote of the people, therefore, he anticipates the
paperwork will be done quickly and the case dismissed. Mr. Sievers confirmed the property is used for
storage of biosolids, this process will be to the advantage of the property owner, and it should not be
perceived as an adversarial action. Commissioner Garcia moved to approve the authorization of Filing
of Proceedings. Commissioner Freeman seconded the motion, and it carried unanimously.
Commissioner Conway clarified he typically opposes condemnation actions; however, he understands
this is a "friendly" condemnation and acquisition.
17) FIRST READING OF CODE ORDINANCE #2014-12, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD
COUNTY CODE (CON'T FROM 8/25/2014): Mr. Barker indicated this was previously read by tape.
Commissioner Kirkmeyer moved to read by title only. Seconded by Commissioner Conway, the motion
carried unanimously. Mr. Barker read said title for the record. Commissioner Kirkmeyer moved to
indefinitely postpone further readings of Code Ordinance #2014-12 to allow for additional review and
possible revisions. Commissioner Conway seconded the motion, which carried unanimously.
Minutes, September 8, 2014 2014-2762
Page 4 BC0016
PLANNING:
IR 1) SECOND READING OF CODE ORDINANCE #2014-10, IN THE MATTER OF REPEALING
AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
AGREEMENTS, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read by title
only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read said title
for the record. Tom Parko, Director of Department of Planning Services, reviewed the proposed
revisions. ID Steve Teets, County resident, requested an explanation of the ordinance, which
Mr. Parko provided for the record, stating it is intended to serve as a communication tool with the
municipalities to help with collaborative development, and as old agreements expire they will be
replaced with the new agreement provisions. Commissioner Conway moved to approve Code
Ordinance #2014-10 on second reading. Commissioner Garcia seconded the motion, which carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2014-12 was postponed indefinitly and Code Ordinance #2014-10
was approved on Second Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:12 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUN COLLORADOn
ATTEST: [1 G CcSdaerCh*o Q J(Js A--9,�/ J .l�•�,�
Weld County Clerk to the Board /
• rbara Kirkmeyer, Pro-Tem
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De Clerk tot e Boi;�LS�
Sean P. Conway
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Mike Freeman
illiam F. Garcia
Minutes, September 8, 2014 2014-2762
Page 5 BC0016
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