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Home My WebLink About20140940.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 24, 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, March 24, 2014, at the hour of 9:00 a.m. e 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— EXCUSED 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 la APPOINTMENT OF TEMPORARY CHAIR PRO-TEM: Commissioner Conway moved to appoint Commissioner Garcia as Acting Chair Pro-Tem. The motion was seconded by Commissioner Freeman, and it carried unanimously. e MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of March 19, 2014, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on March 19, 2014, as follows: 1) USR13-0069, Ulrich Farms, Inc., 2) USR13-0058, Jose Nieto, and 3) USR13-0066, Circle B Land Company, LLC. Commissioner Conway seconded the motion, which carried unanimously. IE AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. Minutes, March 24, 2014 2014-0940 4.6 Page 1 BC0016 Rm PRESENTATIONS: 1) RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD -TAMMY FISHER: Chair Pro-tern Garcia read the certificate for the record and the Board thanked Ms. Fisher for her commitment and service to the residents of Weld County. Commissioners Conway and Freeman talked about the importance of this board. e 2) GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA), CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING -ACCOUNTING STAFF, COUNTY OF WELD: Barbara Connolly, Controller, accepted this award on behalf of the Weld County Accounting Staff. She said it was a team effort with her staff and all County departments. She explained a committee reviews the applications in terms of the accounting standards of the GFOA and Weld County's accounting staff has received this award for 33 years running. Commissioner Conway said this should not be taken for granted, as few counties can make this claim, and briefly touched on the financial well-being of Weld County due to good fiscal management. Ms. Connolly introduced her staff: Teri McDaniel, Donna McNamara, Kim Dewey, Vicki Mau, and Chris D'Ovidio. (Clerk's Note: The recording is unavailable until the third item of New Business.) PUBLIC INPUT: Acting District Ranger, since February 24, 2014, and through mid-June, Tristram Post introduced herself, and said they are hoping to have a permanent ranger in place for the Pawnee National Grasslands soon. She invited the Board to the Grand Opening of the new shooting range on May 13, 2014, and mentioned there have been no good windows this Spring for prescribed burns. The Board said they look forward to meeting with her further. BIDS: 1) PRESENT BID #B1400063, MATERIAL HAULING - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, said there are three (3) vendors, and this bid will be brought back with a recommendation from staff on April 7, 2014. 2) PRESENT BID #B1400082, MAPO CHEMICAL BID - DEPARTMENT OF PUBLIC WORKS/WEED AND PEST: Mr. Jiricek said there are a dozen vendors for the various chemicals, and this bid will be brought back with staff's recommendations on April 7, 2014. NEW BUSINESS: 1) CONSIDER EXPENDITURE AUTHORIZATION FOR DISABLED VETERANS OUTREACH PROGRAM OPERATING - COMPUTER EQUIPMENT AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director of Department of Human Services, explained these funds are designated specifically for this program, for administrative and operational costs, and will improve the quality of services to local veterans. Commissioner Conway moved to approve said expenditure authorization and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. 2) CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN - IT'S MY VERY OWN, INC.: Judy Griego, Director of Department of Human Services, said this is an on-going and non-financial MOU. This organization provides 'Bags of Love' with toys, handmade blankets and personal care items for children removed from the home by Child Welfare Services. Commissioner Conway said he had the opportunity to meet with these wonderful volunteers and this is an extraordinary project; it was started in a garage and has expanded, and is all donated goods and volunteer services. Commissioner Conway moved to approve said memorandum of understanding and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, March 24, 2014 2014-0940 Page 2 BC0016 3) CONSIDER PERMIT FOR TEMPORARY ASSEMBLY ON APRIL 19 AND 20, 2014 (ALTERNATE DATES ARE APRIL 26 AND 27, 2014, IN THE EVENT OF POOR WEATHER) — MARTIN AND BERTA GUTIERREZ: Brad Yatabe, Assistant County Attorney, presented the application for an assembly permit for the purpose of a fourth annual horse race, and the maximum number of attendees is 1,500. Mr. Yatabe said that last year 12 portable toilets were approved by the board as adequate, because it is unlikely there will be 1,500 at one time and a bond has been posted: three additional EMTs are required by the code; there will be a contracted ambulance on-site. Roy Rudisill, Director of the Office of Emergency Management, explained that they put together an action plan and have had no past issues with the race. E Deputy Lisa Carpenter, Sheriff's Office, said there have been no previous calls for service. El Martin Gutierrez said nothing is different from previous years. He noted the change of dates and said the most attendees they have had previous years was 1,150 over the two-day event. Mr. Yatabe explained that if the number is adjusted down to 1,200, that would still require two additional EMTs; however, he said in past years the two-crew ambulance has been sufficient. Mr. Rudisill said that the crew has been able to handle the situation in years past, and there is mutual-aid available from Banner if someone were to be injured and require transport, and coverage should be adequate. Mr. Gutierrez said he would like the number to stay at 1500 and he would increase the number of port-a-potties available as requested. Commissioner Conway moved to approve said temporary assembly, with the dates as requested by the applicant. The motion, which was seconded by Commissioner Freeman, carried unanimously. El 4) CONSIDER TEMPORARY CLOSURE OF CR 22 BETWEEN CRS 41 AND 49: Janet Lundquist, Department of Public Works, presented a temporary road closure for a culvert replacement. There will be message boards posted ahead of the closure due to the high traffic count. Commissioner Freeman moved to approve said temporary road closure. Seconded by Commissioner Conway, the motion carried unanimously. la 5) CONSIDER TEMPORARY CLOSURE OF 83RD AVE (CR 27) BETWEEN U.S. HWY 34 AND 4TH ST: Ms. Lundquist presented a temporary road closure for a culvert replacement; there will be message boards posted ahead of the closure, due to the high traffic count, and the north-bound U.S. Highway 34 turn lanes will be closed. Ms. Lundquist said if equipment is available they will post message boards week in advance, versus two or three days prior to the closure, and Curtis Hall, Department of Public Works, came forward to say the signs were already in place. Commissioner Conway moved to approve said temporary road closure. Seconded by Commissioner Freeman, the motion carried unanimously. El 6) CONSIDER TEMPORARY CLOSURE OF CR 37 BETWEEN ST HWY 52 AND CR 18: Ms. Lundquist presented a temporary road closure for a culvert replacement for a HARP road project. Commissioner Conway moved to approve said temporary road closure. Seconded by Commissioner Freeman, the motion carried unanimously. 7) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR69/380A) PURSUANT TO AGREEMENT FOR DESIGN SERVICES (RETURN SITE TO PRE-FLOOD CONDITIONS) AND AUTHORIZE CHAIR TO SIGN -ATKINS NORTH AMERICA, INC.: Mike Bedell, Department of Public Works, explained this work order is part of the County's on-going effort to return roads and bridges to pre-flood conditions. He noted, although the bridge itself held up well, the approaches were devastated, but no emergency measures are proposed, because it has been determined it can withstand the spring run-off, even a "10-year storm event," so this will be summer/fall construction. Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, March 24, 2014 2014-0940 Page 3 BC0016 e 8) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR87/42.5A) PURSUANT TO AGREEMENT FOR DESIGN SERVICES (RETURN SITE TO PRE-FLOOD CONDITIONS) AND AUTHORIZE CHAIR TO SIGN - ATKINS NORTH AMERICA, INC.: Mr. Bedell, said this situation is similar to the previous one; Bill Barrett Corporation did the emergency recovery work last year, but this still needs a great deal of work to get it back to pre-flood conditions. Chair Pro-tem Garcia said this road gets a lot of truck traffic, and Mr. Bedell said part of this will be assessing the gravel road's condition as well as the bridge. Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. El 9) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR53/58A) PURSUANT TO AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES AND AUTHORIZE CHAIR TO SIGN -ATKINS NORTH AMERICA, INC.: Mr. Bedell said this is north of Kersey and also a heavily used road. Emergency work was recommended prior to spring run-off, specifically to the south abutment which had exposed rebar, but last fall the water was still too high to adequately repair that and stabilize the slopes; those improvements have been designed and this is currently out for bid. This work order is for the construction inspection services needed, which, due to federal funding requirements, all has to be documented. Commissioner Conway moved to approve said work order form and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. e 10) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR61/54A) PURSUANT TO AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES AND AUTHORIZE CHAIR TO SIGN -ATKINS NORTH AMERICA, INC.: Mr. Bedell said this is similar to the previous item. This project is somewhat combined with the previous one, and will also include a smaller bridge (EM-BR61/54B). Commissioner Freeman moved to approve said work order form and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. e 11) CONSIDER WORK ORDER FORM (FLOOD REPAIRS - EM-BR54/41A) PURSUANT TO AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES AND AUTHORIZE CHAIR TO SIGN - ATKINS NORTH AMERICA, INC.: Mr. Bedell said this is again similar to the previous items. Weld County crews did emergency repairs on this site in November. Mr. Bedell noted the goal is that only one lane will be closed during all of these repairs. Commissioner Freeman moved to approve said work order form and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. le 12) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR INTERSECTION IMPROVEMENTS AT CR 49 AND U.S. HWY 34 AND AUTHORIZE CHAIR TO SIGN: Mr. Bedell said this is related to an intersection approved for a $1.5 million CDOT grant for the general extension project. Commissioner Conway moved to approve said Intergovernmental Agreement. The motion was seconded by Commissioner Freeman, and it carried unanimously. 13) CONSIDER AGREEM ENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO SIGN - TELESTO SOLUTIONS, INC.: Bob Choate, Assistant County Attorney, said this is related to the CR 49 project; the County is attempting to determine an appropriate value for BPG Farms, and determine if it is economically feasible to mine this property, being as it is located in a floodplain. They can also provide expert witness testimony and reports if needed if this issue goes to litigation in the future. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, March 24, 2014 2014-0940 Page 4 BC0016 14) CONSIDER EXPRESSION OF OPPOSITION FOR PUBLIC TRUST DOCTRINE BALLOT INITIATIVES: Bruce Barker, County Attorney, said this resolution was requested by Chair Rademacher and spurred by citizen concern expressed at water meetings in regards to two property takings initiatives. Commissioner Conway stated that it might be best to continue this resolution's passage until Wednesday when Chair Rademacher and Commissioner Kirkmeyer can be present. He noted it did not make it to the ballot in 2012, but this type of thing may be back this year, and he is in complete support of this resolution. Commissioner Freeman concurred. Commissioner Conway moved to continue this matter until the following meeting, Wednesday, March 26, 2014. The motion, which was seconded by Commissioner Freeman, carried unanimously. e 15) CONSIDER REAPPOINTMENT AND APPOINTMENTS TO BOARD OF TRUSTEES FOR NCMC: Commissioner Conway read the reappointment and appointments for the record; he said they had excellent candidates and the decision was difficult. Commissioner Conway moved to approve said resolution. Seconded by Commissioner Freeman, the motion carried unanimously. e 16) CONSIDER APPOINTMENT TO ISLAND GROVE PARK ADVISORY BOARD: Commissioner Freeman read the reappointment and appointments for the record. Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. 17) FINAL READING OF WELD COUNTY CODE ORDINANCE #2014-3, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE, AND OF THE WELD COUNTY CODE: Commissioner Conway moved to read by title only. Seconded by Commissioner Freeman, the motion carried unanimously. Mr. Barker read the title into the record. Mr. Jiricek reported no changes since the previous reading; the ordinance pertains to the purchase of equipment under $10,000 by the Department of Public Works. The floor was opened to the public and no comment was forthcoming. Commissioner Conway moved to approve said code ordinance on final reading. Commissioner Freeman seconded the motion and it carried unanimously. e 18) FINAL READING OF WELD COUNTY CODE ORDINANCE #2014-4, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title into the record. Mr. Jiricek reviewed a number of recommended changes to this ordinance, which pertains to methamphetamine lab contaminated properties, and noted these changes were also reviewed by Mr. Choate. The floor was opened to the public and no comment was forthcoming. Commissioner Conway moved to continue this item to Wednesday, March 26, 2014, to allow all five commissioners to be present for discussion. The motion was seconded by Commissioner Freeman, and it carried unanimously. 19) SECOND READING OF WELD COUNTY CODE ORDINANCE #2014-6, IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 30 SEWAGE SYSTEMS, OF THE WELD COUNTY CODE: Commissioner Freeman moved to read by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title into the record. Mr. Jiricek said there have been no changes between first and second reading, and reiterated that the State has reviewed their mandated changes. The floor was opened to the public and no comment was forthcoming. Commissioner Conway moved to approve said code ordinance on second reading. Commissioner Freeman seconded the motion and it carried unanimously. Minutes, March 24, 2014 2014-0940 Page 5 BC0016 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2014-3, and consideration of the Second Reading of Code Ordinance #2014-4 was continued to Wednesday, March 26, 2014, the next consecutive board meeting, to allow all five commissioners an opportunity to be present, and Code Ordinance #2014-6 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 10:20 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: jct.; EXCUSED C��,` ��°'� Rademacher, Chair U.6uw� Douglas Rade a , Weld County Clerk to the Board EXCUSED Barbara Kirkmeyer, Pro-Tem BY: o f - , I 0 1 t t 400 + 2Tm ``_ Deus Clerk to the Bo�`/t`� / a, Sean P. Conway ' 1861 ctA1/49 4+6W Mike F So Wil . Garcia,Acting Chair Pro-Tem Minutes, March 24, 2014 2014-0940 Page 6 BC0016 1/441, W CL- o. J c-4 �` o n) F a a O co N W O LIN Q O a .9 J �y Q CD W J i z fJ v1 • � 0 a 2 W Wt. S. a w a1d z Y Hello