HomeMy WebLinkAbout20143824.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 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, December 8, 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
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bob Frick
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
E MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 1, 2014, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
E AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
Ei PUBLIC INPUT: No public input was given.
BIDS:
El 1) APPROVE BID #B1400176, IS-2014-83 NEXT GEN FIREWALL — DEPARTMENT OF
INFORMATION TECHNOLOGY: Ryan Rose, Director of Department of Information Technology,
stated only six (6) bids of the thirteen (13) received met specifications. Staff recommends the bid be
awarded to OCX, out of Denver, which scored the lowest cost solution, for the amount of $146,501.74.
The Next Generation Firewall will provide critical services, including intruder prevention, anti-virus, anti-
spyware, data leak prevention, remote access, and URL web content filtering protection as added
security features to the basic firewall functionality. Commissioner Kirkmeyer moved to approve said bid
as recommended by staff. The motion was seconded by Commissioner Conway, and it carried
unanimously.
Minutes, DP Page December 8, 2014 2014-3824
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2) APPROVE BID #B1400212, WELD COUNTY LEGAL NEWSPAPER SERVICES — CLERK TO
THE BOARD: Trevor Jiricek, Director of General Services, requested a continuation of this item for
further investigation. Commissioner Conway moved to continue this item one week, until Monday
December 15, 2014, as requested by staff to allow for more research. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
NEW BUSINESS:
1) CONSIDER CANVASS BOARD CERTIFICATION OF GENERAL ELECTION HELD
NOVEMBER 4, 2014: Commissioner Kirkmeyer moved to approve said certification of general election.
The motion, which was seconded by Commissioner Garcia, carried unanimously.
El 2) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED EMERGENCY
ORDINANCE NO. 249-B SUPPLEMENTAL APPROPRIATION FOR 2014: Barbara Connolly,
Controller, presented this item. Commissioner Conway moved to approve said direction to publish
emergency ordinance. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
3) CONSIDER CHANGE ORDER #1 TO OWNER'S REPRESENTATIVE SERVICES FOR WCR
49 DESIGN-BUILD PROJECT FROM US 34 TO 1-76 AND AUTHORIZE CHAIR TO SIGN - ATKINS
NORTH AMERICA, INC.: Elizabeth Relford, Department of Public Works, said this is a multi-use
easement investigation and study on this corridor. There was a range of estimates that was presented
to the Board. The amount includes contracting with legal firms to help in three phases, first, the
establishment of project identity and IGA, second, a justification planning study, and lastly, the
organization and initiation of project identity, in an amount not to exceed $239,000. In response to
Chair Rademacher, she explained this is a new scope of work. Commissioner Kirkmeyer added this is
investigating a multi-use easement study to preserve the integrity of the roadway as is built out into the
future. In response to Commissioner Conway, Ms. Relford said the main purpose is to clarify the varied
jurisdictional obligations for maintenance. Commissioner Kirkmeyer moved to approve said change
order and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
El 4) CONSIDER GRANT AGREEMENT FOR REPLACEMENT OF BRIDGE 68/59A AND
AUTHORIZE CHAIR TO SIGN: Richard White, Department of Public Works, reviewed the amounts.
The total project budget is $1,500,000, and Weld County has a match of $300,000. CDOT will fund 80
percent. Commissioner Conway moved to approve said grant agreement and authorize the Chair to
sign. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously.
F1 5) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT UTILITY EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT AND
AUTHORIZE CHAIR TO SIGN - JAMES AND SHARON WELCH: Leon Sievers, Department of Public
Works, explained this is part of the County Road 49/Weld County Parkway project, and he reviewed the
easements, acreage and compensation. Commissioner Garcia moved to approve said agreement for
purchase and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
Ii 6) CONSIDER THREE (3)ADDENDUMS TO AGREEMENTS FOR PROFESSIONAL SERVICES
(SEPTEMBER 2013 FLOOD RECOVERY PROJECTS) WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN: Clay Kimmi, Department of Public Works, said these are contract
renewals with Icon Engineering, Inc., Atkins North America, Inc., and Bohannan Huston, to help
complete the design/construction/inspection of the remaining 2013 flood projects. Commissioner
Minutes, December 8, 2014 2014-3824
Page 2 BC0016
Conway moved to approve said addendums to agreements and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion and it carried unanimously.
E 7) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - BANNER HEALTH/NORTH COLORADO MEDICAL CENTER
PARAMEDICS SERVICE: Dr. Mark Wallace, Department of Public Health and Environment, stated the
Emergency Medical Trauma Service (EMTS) Council has reviewed the applications and assigned the
appropriate tier levels for the following eleven ambulance service providers. The Department of Public
Health and Environment has performed a technical review, and he recommends approval of this
application from Banner Health. Commissioner Kirkmeyer expressed frustration that the EMTS Council
has listed no findings and no recommendations for the Board, and the Board concurred a work session
is needed for due diligence. Commissioner Conway noted the Council was created because the Board
desired their opinion and expertise, but now, two years later, the process still does not seem to be
working. Commissioner Kirkmeyer moved to approve said application for Tier I EMS License and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
El 8) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - COLORADO MOTOCROSS MEDICS, LLC: Dr. Wallace stated
this application was reviewed by the EMTS Council on November 19, 2014, and after technical review
he recommends approval. Commissioner Freeman moved to approve said application for Tier III EMS
License and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it
carried unanimously.
9) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND
AUTHORIZE CHAIR TO SIGN - FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT:
Dr. Wallace stated this application was reviewed by the EMTS Council, and after technical review he
recommends approval. Commissioner Garcia moved to approve said application for Tier I EMS License
and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
10) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE FIRE RESCUE: Dr. Wallace stated this
application was reviewed by the EMTS Council, and after technical review he recommends approval.
Commissioner Kirkmeyer asked if they are still running the service and contracting out with Poudre
Valley Health, which was affirmed. Commissioner Freeman moved to approve said application for Tier I
EMS License and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
El 11) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT: Dr. Wallace
stated this application was reviewed by the EMTS Council, and after technical review he recommends
approval. Commissioner Conway moved to approve said application for Tier I EMS License and
authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried
unanimously.
12) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - PLATTE VALLEY AMBULANCE SERVICE: Dr. Wallace stated
this application was reviewed by the EMTS Council, and after technical review he recommends
Minutes, December 8, 2014 2014-3824
Page 3 BC0016
approval. Commissioner Conway moved to approve said application for Tier I EMS License and
authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
El 13) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY HOSPITAL EMERGENCY MEDICAL
SERVICES: Dr. Wallace stated this application was reviewed by the EMTS Council, and after technical
review he recommends approval. In response to Commissioner Conway, Dr. Wallace stated a Tier I
was recommended due to the service provided, having a location in Weld County, and the role they fill
when there is a need for back-up transport. Commissioner Freeman moved to approve said application
for Tier I EMS License and authorize the Chair to sign. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
El 14) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - SOUTHEAST WELD FIRE PROTECTION DISTRICT:
Dr. Wallace stated this application was reviewed by the EMTS Council and after technical review he
recommends approval. Commissioner Kirkmeyer moved to approve said application for Tier I EMS
License and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
E 15) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - STADIUM MEDICAL, INC.: Dr. Wallace stated this application
was reviewed by the EMTS Council and after technical review he recommends approval.
Commissioner Garcia moved to approve said application for Tier III EMS License and authorize the
Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
IR 16) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - THOMPSON VALLEY EMERGENCY MEDICAL SERVICE:
Dr. Wallace stated this application was reviewed by the EMTS Council and after technical review he
recommends approval. Commissioner Freeman moved to approve said application for Tier I EMS
License and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
El 17) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE
AND AUTHORIZE CHAIR TO SIGN - WINDSOR SEVERANCE FIRE PROTECTION DISTRICT:
Dr. Wallace stated this application was reviewed by the EMTS Council and after technical review he
recommends approval. Commissioner Freeman moved to approve said application for Tier I EMS
License and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it
carried unanimously.
Ei 18) CONSIDER REVISION TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Dr. Wallace presented the fee
schedule, which covers the clinical type services offered. They are increased according to cost/inflation,
and were presented to the Board in a work session. Commissioner Rademacher noted he is not a big
fan of fees, but does approve of covering the County's costs. Commissioner Kirkmeyer moved to
approve said revision to fee schedule. The motion was seconded by Commissioner Freeman, and it
carried unanimously.
Minutes, December 8, 2014 2014-3824
Page 4 BC0016
El 19) CONSIDER REVISION TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES
COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
Dr. Wallace noted there were several increases to this fee schedule, which were also discussed in a
work session. He noted that the fee for the child care centers is under discussion as to finding
alternative funding to cover those costs. The fee schedule may be amended later if that goal is
successful. Commissioner Kirkmeyer moved to approve said revision to fee schedule. The motion was
seconded by Commissioner Freeman, and it carried unanimously.
1E 20) CONSIDER CANCELLATION OF 2014 OUTSTANDING ACCOUNTS RECEIVABLE FOR
THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Barbara Connolly,
Controller, said this is brought to the Board twice a year; these are accounts on which there has been
no activity for six months, and the amount requested to be written off is $14,173.86. This is solely for
the Department of Public Health and Environment, and these accounts will not be pursued any further.
Commissioner Garcia moved to approve said cancellation of accounts receivable. Seconded by
Commissioner Freeman, the motion carried unanimously.
E 21) CONSIDER SALE AGREEMENT AND ESCROW INSTRUCTIONS (804-822 7TH STREET)
FROM CSA 19-RIVERWALK SQUARE, LLC, AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM
TO SIGN ALL NECESSARY DOCUMENTS: Toby Taylor, Department of Buildings and Grounds,
reviewed this property purchase and recommended approval. Bob Frick, County Attorney, stated the
resolution should be nunc pro tunc, back to December 3, 2014. Commissioner Garcia moved to
approve said sale agreement and escrow instructions and authorize the Chair and/or Pro-Tem to sign
all necessary documents. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
PLANNING:
E 1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PUD - MEAD CROSSINGS, LLC
(CON'T FROM 11/24/2014): Kim Ogle, Department of Planning Services, said that staff met with
Mr. Kelly on December 3, 2014, and determined the project has not been abandoned and he does
intend to move forward. He said the Board has three options, to grant a one (1) year extension with or
without benchmarks, or to consider rescinding their approval.
E Fred Kelly briefly introduced himself and stated he would respond to questions raised by the
Board in the last hearing, then he briefly restated the history of the project and the delays. He stated
his willingness to have quarterly benchmarks to keep the County informed as to the progress on
submission of the 28 outstanding items, noted he asked for a longer extension, said that due to the
economic downturn he needs to replace the original team members, and that he is currently looking for
a builder. He added that the market has changed slightly and they need to retailor the project to
recognize new buying trends, and once the team is assembled a timeline will be submitted. He
reminded the Board that the required infrastructure costs are in excess of what one project can support
and, therefore, other landowners will need to be involved. The project has not been abandoned, if it
were to be all the documentation already submitted would have to be resubmitted and vetted by
Planning staff.
Mr. Kelly stated his attorney was confused about having obtained a three-year extension, or else
there was a miscommunication, and he apologized, as after listening to the audio from that hearing it is
clear that only a one-year extension was granted. Commissioner Kirkmeyer noted that even if it had
been a three-year extension, the Board would have needed updates each year; this has been open
since 2005; it's been nine years and needs to get done. She said she needs to know how much has
Minutes, December 8, 2014 2014-3824
Page 5 BC0016
been done. In response to Commissioner Kirkmeyer, Mr. Ogle confirmed he has not recieved a final
drainage report. Mr. Kelly asserted 99% of the report was completed by the previous owner,just not yet
submitted, and he gave his understanding of the findings of that report. He also said a Grading Permit
would depend on the plat and where the lots will be (which is going to change). He asserted that most
of these 28 outstanding items belong to the final phase and rely on the completion of other actions; the
preliminary plat has not been yet changed or any actions taken to move forward, even though the
economy busted in 2008, and he acquired the property in 2006, and the economy has since bounced
back.
E Mr. Kelly reported they have decided to change some of the street designs to cul-de-sacs,
creating a metropolitan district will be a milestone. In response to Commissioner Kirkmeyer's question
regarding a sewer district, he confirmed a metro district was anticipated from the start and will impact
the St. Vrain Sanitation District. He said the number of units has not changed, so St. Vrain has been
anticipating that number. Mr. Ogle stated this development is in the 208 boundary of the St. Vrain
District, and the will contract and purchase service from St. Vrain, and can do that without creating a
metro district. P1 Commissioner Conwa confirmed with Mr. Ogle that staff is recommending an
extension of one year, with benchmarks. IN Commissioner Conway moved to approve granting said
request for a one-year extension of time, until December 8, 2015, with quarterly updates and
benchmarks achieved. a Commissioner Garcia clarified the quarterly updates would be provided to
Planning Services staff. The motion was seconded by Commissioner Garcia. Ii Commissioner
Kirkmeyer stated she will not support the motion because she has serious concerns regarding their
ability to create a metro district within one year, or even three, and within an existing sanitation district,
to overcome difficulties with infrastructure, and to address the substantial changes that have occurred
in the area in this period of time. Ii Commissioner Conway noted the Weld County economy
downturned in 2006 and 2007, and he said the County is growing and is in need of housing, especially
on the 1-25 corridor. He said he would be very disappointed if this situation is not resolved in one year
and the applicant desires to complete this project. Pi There being no further discussion, the motion
carried 4/1 in a roll-call vote, with Commissioner Kirkmeyer opposed.
2) CONSIDER DIRECTING CLERK TO THE BOARD TO HAVE PUBLISHED A NOTICE OF
INTENT TO DESIGNATE THE SITE SELECTION AND CONSTRUCTION OF THOSE MAJOR
FACILITIES OF A PUBLIC UTILITY CONSISTING OF NEW PIPELINES DESIGNED FOR
TRANSMISSION OF NATURAL GAS OR OTHER PETROLEUM DERIVATIVES OF TEN INCH
DIAMETER OR LARGER AS A MATTER OF STATE INTEREST, PURSUANT TO C.R.S. § 24-65.1-
401, AND SETTING OF A PUBLIC HEARING REGARDING SUCH DESIGNATION: Tom Parko,
Department of Planning Services, presented this item to consider the incorporation of designating
pipelines into the Code, in two sections: 21-2-10 and 21-2-20. He stated this is the pre-designation
process; the Board will be referring this to the Planning Commission, which will consider it on
December 16, 2014. He then reviewed the hearing dates and the types of lines to be considered.
e Commissioner Kirkmeyer stated she does not want to capture the conservancy districts with this
action, so starting with broad definitions is advisable. El In response to Commissioner Garcia, Mr.
Parko said no language has been drafted yet; the December 16, 2014 Planning Commission meeting
recommendations will first be taken into account. El Commissioner Kirkmeyer moved to amend the
resolution with the insertion of the word 'water' before the word 'petroleum' and to delete the reference
to '10-inch diameter or larger,' and that motion was seconded by Commissioner Freeman. She said
she has learned from officials in other counties that certain petroleum companies are getting around the
regulations by using multiple small lines. In response to Commissioner Conway, she stated the action
before the Board today is not to prematurely draft the Code, but just the start of defining what those
Minutes, December 8, 2014 2014-3824
Page 6 BC0016
regulations will be. There will be a lot of discussion with regard to these rules, and they can be
narrowed later on. Commissioner Garcia said the resolution indicates the desire of the Board, but
does not state any factual reasons for a change of policy, and asked if it needs that. El Bruce
Barker, former County Attorney, stated it does not, because this is a referral to the Planning
Commission for their consideration, if it goes forward and is added to the Code, it will then state the
reasons for that action. Mr. Barker then gave the multiple definitions of a public utility and reviewed
statutes. The motion carried unanimously. El Commissioner Conway said this has been a three-year
battle to protect constituents in Weld County, after private for-profit entities governed under the Public
Utilities Commission began claiming eminent domain and taking private property, which is ongoing.
The actions of a few companies have impelled the Board to take this action to protect the property
owners of Weld County. Mr. Barker stated the 1041 does not preclude eminent domain, but it does
give the Board more authority over location.
Commissioner Garcia stated he is in support of this resolution to kick off a discussion; however,
there should be a narrow tailoring of these powers to the problems that need to be mitigated, because
pipelines provide a very important function to the well-being of the County. El Commissioner
Kirkmeyer concurred with those comments. She stated that 1041 powers should not be taken lightly,
but are required to address abuses, and companies need to treat Weld County constituents fairly and
be good neighbors. Commissioner Conway concurred and noted the companies who have abused the
situation are primarily out of Denver. Commissioner Freeman also concurred, and he said it is
unfortunate that the Board has been forced to take this action to protect constituents.
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 10:32 a.m.
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Minutes, December 8, 2014 2014-3824
Page 7 BC0016
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