HomeMy WebLinkAbout20143627.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 19, 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, November 19, 2014, 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
F MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of November 17, 2014, as printed. Commissioner Conway seconded the
motion, and it carried unanimously.
F AMENDMENTS TO AGENDA: There were no amendments to the agenda.
ID CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as
printed. Commissioner Garcia seconded the motion, and it carried unanimously.
F PUBLIC INPUT: No public input was given.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Freeman attended a Community
Meeting in Galeton last night to discuss the CR 74 and State Highway 392 Intersection — where he
thinks the best option for traffic flow was chosen. F Commissioner Conway said he attended a
productive meeting of the subcommittee to examine Public Safety Communications Fees with Fire
Chiefs and Police Chiefs and the Sheriff's Office, and he said another larger meeting will take place on
December 11, 2014 to further discuss solutions and concurrence. Commissioner Freeman noted that,
since the other parties started out paying nothing, it took them awhile to realize what this is really
costing, but when they see what municipalities and jurisdictions are paying in other Colorado counties,
it makes more sense to them that everyone pay a share and have some buy-in to these operations, in
addition, for their budget purposes these fees won't take effect until 2016. Chair Rademacher noted
that the County is only looking at recouping approximately 15 to 20 percent and even that will not be all
Minutes, November 19, 2014 2014-3627
/2/23 Page 1 BC0016
at once but stepped increases. Commissioner Freeman noted the City of Greeley must be advised a
year in advance of changes to the fee schedule. ID Chair Rademacher attended the South Platte
Basin Roundtable meeting where a lack of funding for groundwater issues was discussed with
Colorado legislators. He also attended the Quarterly Windsor/Severance breakfast meeting. IR
Commissioner Conway noted the Colorado Oil and Gas Conservation Commission (COGCC) is
meeting tomorrow at the Embassy Suites, and there will a public comment period of up to three minutes
per person. He also announced that Commissioner Kirkmeyer will be participating on a local
government panel tomorrow with officials from other counties, from 12:30 - 1:30 p.m.; it will be at The
Ranch, off of 1-25 and Crossroads, in Loveland, Colorado.
BIDS:
El 1) APPROVE BID #61400100, PRETRIAL SERVICES CASE MANAGEMENT SYSTEM -
DEPARTMENT OF INFORMATION TECHNOLOGY (JUSTICE SERVICES): Ryan Rose, Department
of Information Technology, stated that seven (7) responses were received. Best and final were
reviewed and they had a wide range; after a work session Tribridge scored the highest, although not
the lowest bid, and had the best reference checks, and staff recommends the Board award this bid to
Tribridge for a five (5) year cost of $178,929.00. Doug Erler, Department of Justice Services, was also
available for questions. Commissioner Conway said, for the record, that the three lowest bids did not
meet specifications. Commissioner Conway moved to approve said bid as recommended by staff. The
motion was seconded by Commissioner Garcia, and it carried unanimously.
F 2) PRESENT BID #61400176, IS-2014-83 NEXT GEN FIREWALL - DEPARTMENT OF
INFORMATION TECHNOLOGY: Mr. Rose stated staff received 13 responses of which six (6) met
specifications, and staff will bring a recommendation to the Board on December 3, 2014. (Clerk's Note:
Due to meeting cancellation, this was subsequently considered for approval on December 10, 2014.)
El 3) PRESENT BID #61400202, WCR 49 DESIGN-BUILD SERVICES, LETTER OF INTEREST -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, stated that letters of
interest were received from 18 vendors and the Best Value Process will be used to make a decision.
Elizabeth Relford, Department of Public Works, said there would be a Request for Qualifications (RFQ),
short listed down to three (3), and then a Request for Proposals (RFP) will be issued after that. She
said there is an open house tomorrow to meet with those teams and find out how they are partnered. In
response to Commissioner Conway, she confirmed all vendors are in-state and the date of approval is
yet to be determined.
F 4) PRESENT BID #61400212, WELD COUNTY LEGAL NEWSPAPER SERVICES — CLERK TO
THE BOARD: Mr. Jiricek said two bids were received and this will be brought back before the Board
with a recommendation from staff on December 8, 2014. He confirmed every paper in the county was
contacted, and neither of these vendors are countywide.
Minutes, November 19, 2014 2014-3627
Page 2 BC0016
NEW BUSINESS:
F 1) CONSIDER GRANT AGREEMENT FOR DOMESTIC VIOLENCE FAST TRACK PROGRAM
AND FELONY DOMESTIC VIOLENCE SERVICES PROJECT AND AUTHORIZE CHAIR TO SIGN:
JoAnn Holden, Director of Victim's Services and the District Attorney's Office, noted this is less funding
than was requested but the same amount as 2014, it includes an $18,605.00 match from the County,
and she requested approval. She said funding remained stable because the administered federal
funding, which comes from white collar crime penalties, was less available this year, and she confirmed
the state takes a 10 percent administration fee. Commissioner Conway asked if it would make sense to
have those grants come to the local level. Ms. Holden said what the state does is divide up regions
and looks at requests in each area and she thinks they do a really good job of fair distribution.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
F 2) CONSIDER CHANGE ORDER #1 FOR WELD COUNTY 918 REMODEL AND AUTHORIZE
CHAIR TO SIGN - JBLANCO ENTERPRISES: Toby Taylor, Director of the Department of Building and
Grounds, explained four items were discovered that were not visible prior to demolition: the sewer-line
system needed to be revamped, buried electrical lines needed to be addressed, the hard-wood ceiling
was actually particle board and not gypsum, so that did not meet fire code, and, lastly, the structure that
supported the new roof-top unit needed to be enhanced. Mr. Taylor said the County did a limited
remodel when the building was acquired 15 years ago, so a lot of this was due to code changes since
that time. Complete gutting of this building is necessary in order to have private offices for the
Department of Probation. Commissioner Freeman moved to approve said change order and authorize
the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
F 3) CONSIDER ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR CR 49 AND CR 22 INTERSECTION IMPROVEMENTS AND
AUTHORIZE CHAIR TO SIGN: Ms. Relford explained the state is requesting a "True-Up" —to match up
expenditures, and that there will be a great many of these upcoming because project budgets are best
estimates of staff and any change, such as concrete to asphalt, and cost changes. Commissioner
Conway asked Ms. Relford about the benefits of the true-up. Ms. Relford deferred to Barbara Connolly,
Controller, who replied DOLA is working diligently to get this out of these contracts because they are lot
of work and the applicants are not even asking for additional funding. She expressed her opinion that
this is unnecessary work for local government, as well as the DOLA staff, and is not in line with what is
happening in other branches of state government. Commissioner Conway moved to approve said
amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner
Garcia, carried unanimously.
F 4) CONSIDER LIQUEFIED NATURAL GAS FUEL SERVICES AGREEMENT AND AUTHORIZE
CHAIR TO SIGN - STABILIS ENERGY SERVICES, LLC: Jay MacDonald, Director of the Department
of Public Works, explained Stabilis has purchased the liquid natural gas (LNG) division from Encana Oil
and Gas, LLC; this agreement will just keep the status quo for the County's purchases of LNG.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Conway, the motion carried unanimously.
5) CONSIDER DENIAL OF APPLICATION FOR ACCESS PERMIT, AP14-00468 - INSPIRING
TALKERS, CIO JOHN AND BRANDI-LYNN GREIG: Janet Lundquist, Department of Public Works,
explained the denial and appeal process. She related CR 13 is a major arterial roadwaywith high
speeds, the applicants are located on a hill and have a residential access point. They are in the USR
process for an at-home business and are requesting a new commercial access point for a new building.
Ms. Lundquist explained that 660 feet from all other access points is the permitted spacing adopted in
Minutes, November 19, 2014 2014-3627
Page 3 BC0016
2009, and there is also a sight distance problem due to the hill and real speeds are higher than the
posted 55 mph, around 69 mph. Mr. Barker outlined the appeal process, which is only on the issue of
the access. He said this does not overturn staffs decision; it is an independent decision on the access
by the Board. Ms. Lundquist noted most USRs have more flexibility for placement, but in this case, the
existing access point could be utilized for the residence and the business, as it's a small site.
ID John and Brandi-Lynn Greig, applicants, introduced themselves. Ms. Greig said their business,
Inspiring Talkers, is in the USR process for an additional building on their property; they serve children
with profound and severe disabilities. She said they were told when they purchased the property this
access point was in existence for access to the reservoir near their home, so they were under the
impression they were only asking for an additional use for an existing access. She said she counted 11
properties nearby that have 2 access' and 2 properties with three, and these all have small frontages
like their own. Ms. Lundquist said she is not aware of the details of the USR, but the County no longer
considers this an existing access because it has not been utilized. Ms. Grieg confirmed the property is
on the south side of the lake, the access is listed on the plat and on some of the title work, and they
bought this in May of this year. Ms. Lundquist said there is no evidence of an existing physical access
point. Ms. Grieg said the farmer is cutting through a neighbor's property instead of using the
designated access to the water. Ms. Lundquist said that this type of situation prompted revisions to the
access code in 2009, in order to clarify that access points listed on plats had to exist in reality; just
because something shows up on the plat as a access doesn't guarantee County recognition, fewer
access are better for public safety with less potential for problems and conflict points. Ms. Lundquist
does not believe the farmer would be landlocked if the commercial access is not granted, but she does
not know if he has an easement, though he does have frontage along CR 13. ID Ms. Grieg added
that 25 vehicles a day would enter this access, and there is 600 feet of sight distance from the
residential access, and 660 feet of sight distance from the new one, so it would actually be safer.
Commissioner Conway questioned the most northern tip of the property access point recommendation,
and Ms. Greig explained that it is very steep, approximately a 90' drop, and would require a turn and
grading and might affect the lake, and she presented the board with four photos of the property,
entered into the record as Exhibit "A" to these minutes. She said they have been working with the
Sheriff's Office to reduce speeds on this road, and also cited that these same families will come every
week, and will be aware of the traffic. F Ms. Lundquist said that if the farmer was going to use the
neighbor's property as an access there would need to be an a reement; Mr. Barker concurred an
easement would protect the farmer in case the property is sold. ti Commissioner Freeman moved to
grant said access permit and authorize the Chair to sign. The motion was seconded by Commissioner
Conway. F Commissioner Garcia stated he can't support this motion because it will add more traffic
to an already overcrowded road. Commissioner Conway stated there is still an opportunity to address
those concerns in the USR process. Commissioner Garcia concurred this is an historical access, but it
could continue to be utilized by the farmer for field access with no formal action. F Upon a roll call
vote the motion carried three to one, with Commissioner Garcia opposed.
ID 6) CONSIDER ASSIGNMENT OF RESTRICTIVE COVENANT AND AUTHORIZE CHAIR TO
SIGN - TOWN OF HUDSON: Mr. Barker gave a history of this large property, location, and the former
USR, the land in question was offered up as a buffer between the Calpine power plant and neighboring
residential properties objecting to that USR, and in August of 2009, 60-80 acres of land were placed
under a restrictive covenant assigned to the County (to be used only for agriculture). The Calpine plant
is no longer in operation and the new property owner, Lloyd Land, has applied for annexation to the
Town of Hudson, which will include residential, commercial and industrial development. Since the
Board did not feel it appropriate to assign that to the new owner, Weld County's beneficiary rights could
instead be assigned to the Town of Hudson, which has approved accepting the assignment of that
Minutes, November 19, 2014 2014-3627
Page 4 BC0016
property. Chair Rademacher reported a number of phone calls from constituents on this issue, who
understood the restriction as being in perpetuity. Mr. Barker stated this was offered by Calpine as a
provision to mitigate a specific use. Commissioner Conway expressed his opinion this transfer is
appropriate. Commissioner Freeman said their intent is likely to get rid of the covenant; however, it
seems proper to transfer this to them and have confidence they will make an informed decision. Mr.
Barker said he knows of no other similar instance in the County; he thinks it is appropriate to transfer it,
and it would not be appropriate to place any restrictions on that transfer. He said that is why
assignability was written into the original contract. Chair Rademacher noted he is trying to support the
residential landowners that don't want this land developed; they want it to remain agricultural. Mr.
Barker said that the original intent was to have a buffer zone between the working plant and the
residences, and that issue is now mute. e Commissioner Conway suggested, in light of
Commissioner Kirkmeyer's absence and since this is her district, a continuance might be in order.
Commissioner Freeman said he is ready to make a motion. Commissioner Conway concurred with his
support based on the advice of counsel that it was always anticipated that this covenant would be
transferred upon annexation. The residents of the Town of Hudson can address any future issues or
concerns with their Town Board. El Chair Rademacher opened the floor for public comment and
none was forthcoming. Commissioner Freeman moved to approve said assignment and authorize the
Chair to sign. The motion was seconded by Commissioner Garcia. Upon a roll call vote, the motion
carried three to one, with Commissioner Rademacher opposed.
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 Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:20 a.m.
BOARD OF COUNTY COMMISSIONERS
CCdd WELD COUNTY, COLORADO
(( �� 1
ATTESW G r + adz ?O, oad BOC.hafr
gls Rademach222r, Chair
Weld County Clerk to the :O-rd
XCUSED�ts
Barbara Kirkmeyer, Pro-Tem
B •
Deputy CI-" to the Boa
♦r Sean P. Conway
C
Mike Fr
William F. Garcia
Minutes, November 19, 2014 2014-3627
Page 5 BC0016
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