The URL can be used to link to this page

Browse Search

Home My WebLink About20190413.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JANUARY 28, 2019 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, January 28, 2019, 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 Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly el MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County Commissioners meeting of January 23, 2019, as printed. Commissioner Conway seconded the motion, and it carried unanimously. El CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on January 23, 2019, as follows: 1) USR18-0100 — Public Service Company of Colorado, 2) USR18-0093 — Rocky Mountain Midstream, LLC, 3) USR17-0072 — Pioneer Land Company, LLC, c/o Northern Colorado Constructors, Inc., and 4) USR18-0099 — Bonanza Creek Energy Operating Company, LLC, c/o DCP Operation Company, LP. Commissioner James seconded the motion, which carried unanimously. el AMENDMENTS TO AGENDA: There were no amendments to the agenda. el CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. PROCLAMATIONS: 1) UNIVERSITY BULLDOGS DAY, POM TEAM - JANUARY 28, 2019: Chair Kirkmeyer read the certificate for the record, recognizing the University Bulldogs' Pom team for the achievement of their second State Championship in the last three (3) years. Gina Haug, Head Coach, thanked the Board for the recognition and stated she is proud of the girls for their hard work and dedication to achieve their goals. She also extended her thanks to Sherry Gerner and Jeff Casey for their support. Sydney Martin, Senior Captain of the Porn Team, thanked the Board for inviting them to represent University School. © Minutes, January 28, 2019 Page 1 2019-0413 BC0016 Alison Reed, Spirit Leader, stated she is proud to be part of the University Bulldogs' Porn Team and appreciates the experience she has gained. Each member of the team introduced themselves to the Commissioners. Each Commissioner, in turn, congratulated each one of the girls and thanked their parents and teachers for supporting the girls in their goals. They added they are proud of the girls being leaders of Weld County. (Clerk's Note: The Board paused the meeting for a photo opportunity.) ti PUBLIC INPUT: Caleb Crossland, representative of Martin Brothers Developers, addressed the seventh phase of development for Buffalo Ridge Estates, near County Roads 35 and 10. He asked about that this item of business be placed on the Commissioners' Agenda. Mr. Crossland explained the seventh phase of the subdivision needs to be developed and the developers need a determination that Weld County will adopt and maintain the public roads. He stated the last phase will cross the FRICO Ditch, and FRICO has placed requirements on the developer which will make the land impossible to develop. Chair Kirkmeyer suggested Mr. Crossland continue to work with the County Attorney, the Department of Planning Services, the Department of Public Works and FRICO Ditch Company. In response to Commissioner Conway, Mr. Crossland stated the developer would like to have the bridge built before March 1, 2019. BIDS: El 1) PRESENT BID #B1900033, TENNANT COMPACT MID -SIZED S20 RIDE -ON SWEEPER OR DOCUMENTED EQUAL - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, reviewed the five (5) bids received and stated staff will bring back a recommendation on February 11, 2019. NEW BUSINESS: • 1) CONSIDER CONTRACT #2394 ACCEPTANCE OF STATEMENT OF GRANT AWARD FOR INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE AND AUTHORIZE CHAIR TO SIGN - CITY OF COLORADO SPRINGS POLICE DEPARTMENT: Ron Arndt, Director of the Regional Crime Lab, and Daren Ford, Sheriff's Office, presented the grant award from the Colorado Springs Police Department which will fund the upgrade of the Cellebrite equipment. Commissioner Conway moved to accept said grant award and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. Mr. Arndt gave a brief summary on the operations of the Crime Lab, which is in the sixth year at the current location. • 2) CONSIDER CONTRACT ID #2389 AMENDMENT TO REGIONAL COMMUNICATIONS USER AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH PARAMEDICS: Mike Wallace, Director of the Department of Public Safety Communications, presented the terms of the amendment for wireless radio services and annual maintenance with Banner Health Paramedics. Commissioner Freeman moved to approve said amendment and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. • 3) CONSIDER LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY AND AUTHORIZE CHAIR TO SIGN — WELD FOOD BANK: Toby Taylor, Director of the Department of Buildings and Grounds, presented the details of the agreement to allow the Weld Food Bank to use a portion of Weld County property to accommodate their 5K course on March 2, 2019. Commissioner Moreno moved to approve said license agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 4) CONSIDER GRANT APPLICATION FOR 2019-2020 HAZARDOUS MATERIALS EMERGENCY PLANNING (HMEP) AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of Minutes, January 28, 2019 Page 2 2019-0413 BC0016 Emergency Management, reviewed the terms of the application for the Hazardous Materials Emergency Preparedness Grant. He stated the request is for $99,500.00 which will cover the salary for the new Emergency Management Coordinator position. Commissioner Freeman moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. 5) CONSIDER 2018 ANNUAL MILEAGE AND CONDITION CERTIFICATION REPORT FOR THE HIGHWAY USER TAX FUND: Evan Pinkham, Department of Public Works, reviewed the 2018 Annual Mileage and Condition Report which will be forwarded to the Colorado Department of Transportation (CDOT). In response to Chair Kirkmeyer, Mr. Pinkham stated County Road 49 is reported the same as municipalities and is based on center lane miles. Commissioner Conway moved to approve said 2018 Annual Mileage and Condition Certification Report. Seconded by Commissioner Moreno, the motion carried unanimously. el 6) CONSIDER TEMPORARY CLOSURE OF CR 29 BETWEEN CRS 84 AND 86: Amy Mutchie, Department of Public Works, reviewed the details of the closure beginning February 4, 2019, through February 8, 2019, for a culvert replacement. Commissioner Moreno moved to approve said temporary closure. The motion was seconded by Commissioner Conway, and it carried unanimously. el 7) CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN CRS 63 AND 65: Ms. Mutchie presented the closure beginning February 4, 2019, through February 15, 2019, to replace an irrigation culvert. She stated the length of the closure is due to the large size of the culvert. Commissioner Freeman moved to approve said temporary closure. The motion was seconded by Commissioner Moreno, and it carried unanimously. el 8) CONSIDER DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY, AUTHORIZE SALE OF SAME TO LAS ANIMAS COUNTY, AND DELEGATE AUTHORITY TO CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS: Barb Connolly, Controller, presented the list of surplus vehicles which will be purchased by Las Animas County for the total amount of $10,000.00. Commissioner Freeman moved to declare equipment as surplus property, authorize the sale of same to Las Animas County, and delegate authority to the Controller to sign any necessary documents. Seconded by Commissioner Conway, the motion carried unanimously. 9) CONSIDER RESCINDING RESOLUTION #2018-4034, DATED DECEMBER 12, 2018, AND APPROVE CORRECTED MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND WELD COUNTY SENIOR CITIZEN COORDINATORS AS A RECIPIENT OF WELD COUNTY, GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Don Warden, Director of Finance and Administration, presented the corrected memorandum of agreement stating the Board approved $40,000 and added Windsor's Center which a new facility this year, instead of $38,000.00 as the in the previous resolution. Commissioner Moreno moved to rescind Resolution #2018-4034, approve corrected memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. a 10) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the Intergovernmental Agreement to use the Federal Mineral Lease Funds to distribute $1,050,000.00, to help mitigate the impacts of the Oil and Gas Industry on County roads. Commissioner Freeman moved to approve said intergovernmental agreement and Minutes, January 28, 2019 Page 3 2019-0413 BC0016 authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. • 11) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR THE PAYMENT OF FEDERAL MINERAL LEASE FUNDS FOR WATER TESTING AND AUTHORIZE CHAIR TO SIGN: Mr. Warden reviewed the Intergovernmental Agreement to use the Federal Mineral Lease Funds of $50,000.00 for water testing water wells around the drill activity in the County. He stated the testing is conducted by the Department of Public Health and Environment and is free to Weld County citizens, once a year. Commissioner Freeman stated this is a good program because wells that have been tested five years ago, and again recently, have showed no change, so it is reassuring to land owners. In response to Commissioner Conway, Mr. Warden stated the funding covers the full cost of the water testing. Commissioner Moreno moved to approve said intergovernmental agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously. PLANNING: • 1) CONSIDER APPLICATION FOR SMALL BUSINESS INCENTIVE PROGRAM AND AUTHORIZE RELEASE OF ECONOMIC DEVELOPMENT TRUST FUNDS (TIER III) - GO GREEN PALLET COMPANY, C/O STEVE GORHAM: Tom Parko, Director of the Department of Planning Services, reviewed the terms of the application from Go Green Pallet Company, c/o Steve Gorham, for the Small Business Incentive Program. He stated he has reviewed the Tier III application and recommends awarding the business $40,000.00. Commissioner James moved to approve said application. The motion, which was seconded by Commissioner Conway, carried unanimously. • 2) CONSIDER FIRST AMENDMENT TO LOCAL GOVERNMENT WAIVER AGREEMENT FOR MAJOR FACILITY OF A PUBLIC UTILITY 1041 PERMIT APPLICATION AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE COMPANY OF COLORADO: Frank Haug, Assistant County Attorney, presented the amendment which is related to a land use application to build a 1041 facility and this will extend the timeline 90 days. In response to Commissioner Conway, Mr. Haug stated the Board will hear the land use application on May 22, 2019. Commissioner Moreno moved to approve said first amendment and authorize the Chair to sign. Seconded by Commissioner James, the motion carried unanimously. • 3) CONSIDER REQUEST TO DELETE CONDITION OF APPROVAL #4.B OF RECORDED EXEMPTION, RECX18-0116 - C.R. TUCKER AND ERNA M. TUCKER LIVING TRUST, C/O C.R. TUCKER AND ERNA M. TUCKER AS CO -TRUSTEES: Maxwell Nader, Department of Planning Services, presented the administratively approved Two -lot Recorded Exemption and stated. He stated the applicant would like the Board to waive Condition of Approval (COA) #4.B, because the lot contains an existing 600 -head dairy, which is used for feed storage, housing and future expansion of the dairy. He stated the applicant intends to place a deed restriction on proposed Lot B to prevent residential development; however, a deed restriction is not recognized or enforced by Weld County. Mr. Nader presented photos of the property. 0 Charles Tucker, applicant, stated he disagrees with the school district fee because the 35 acres is used for feed storage, corrals, utility right-of-way and the insurance requires 500 feet spacing as a fire barrier from the haystacks. He explained because the parcel is not compatible for housing development he does not agree with paying the cash -in -lieu fees to the school district. In response to Commissioner Conway, Mr. Tucker confirmed he has no intention of developing the property. Bruce Barker, County Attorney, clarified the Board will need to approve or deny the Recorded Exemption, with the satisfied COA or delete it. In response to Commissioner Conway, Mr. Barker suggested the Board can approve the Recorded Exemption, because the applicant has addressed COA #4.B. Commissioner Conway moved to approve the Recorded Exemption, which was seconded by Commissioner Moreno. Commissioner Conway presented his findings as follows: the applicant has Minutes, January 28, 2019 Page 4 2019-0413 BC0016 satisified COA #4.B of the Recorded Exemption. There being no further discussion the motion carried unanimously. • 4) CONSIDER REQUEST TO DELETE CONDITION OF APPROVAL #2.A OF RECORDED EXEMPTION, RECX18-0117 - C.R. TUCKER AND ERNA M. TUCKER LIVING TRUST, C/O C.R. TUCKER AND ERNA M. TUCKER AS CO -TRUSTEES: Mr. Maxwell confirmed this item is the same as the previous Recorded Exemption, except there are a couple of pivots on the lot. Mr. Tucker stated the property will not be developed because there is no access to County Road 88. He stated the land was surveyed and there is no access. Chair Kirkmeyer clarified Condition of Approval (COA) #2.A, states the applicant will address the requirement of the School District. Mr. Tucker stated he addressed the requirement from the School District. In response to Commissioner Conway, Mr. Barker explained the Board would be approving the Recorded Exemption with the COA. Commissioner James stated he agrees the applicant has addressed the requirements of the referral response from the school district. Mr. Barker stated COA #2.A is still a requirement of the Recorded Exemption and will need to be addressed. Commissioner James moved to approve said Recorded Exemption. Seconded by Commissioner Moreno. Commissioner James stated the finding is the applicant has addressed the requirements with the School District, and the motion carried unanimously. • 5) CONSIDER PROBABLE CAUSE HEARING, PCSC18-0023, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 -A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY, AND WJW PROPERTIES, LLC, DBA A-1 ORGANICS, C/O BOB YOST: Ben Frissell, Department of Public Health and Environment, clarified the Colorado Department of Public Health is available to answer questions from the Board. Michael Hall, Department of Planning Services, stated there is a concern for potential groundwater contamination; therefore, the Colorado Department of Public Health and Environment would like to delay any action for 90 days, until April 24, 2019, to allow A-1 Organics to provide an alternate source demonstration of groundwater contamination or enter into assessment monitoring. Mr. Hall recommended the Probable Cause Hearing be dismissed to allow adequate time for the Colorado Department of Public Health to review the alternative source demonstration and additional quarterly monitoring which is necessary to determine if there a violation. Mr. Barker explained the Board must review the information to determine if there is a violation of any terms or conditions of the Use by Special Review Permit. He reiterated the Department of Planning Services is recommending dismissal, because there isn't enough documentation for a Probable Cause hearing; however, if there is more monitoring done and a violation is discovered, staff will have the opportunity to bring the matter back to the Board. Mr. Frissell stated if the facility can provide evidence that the potential contamination may be coming from a different site there needs to be more testing and he supports the recommendation of dismissal. • K.C. Groves, Attorney representative of A-1 Organics, stated there isn't enough evidence of groundwater quality levels and there will be more monitoring within the next 90 days. Mr. Groves presented a summary of the reasons for their objection to the potential violation. He stated his objection to the letter, sent from Mr. Gutteresen's attorney, as sufficient to trigger a Probable Cause Hearing, because it was not sent to the County. He stated the County would need to work with A-1 Organics and perform an investigation before they can schedule a Probable Cause Hearing. No public testimony was offered concerning this matter. Commissioner Freeman explained he agrees with the recommendation from the Department of Planning Services and moved to dismiss the Probable Cause Hearing. Commissioner Conway seconded the motion and presented the reasons why he agreed with dismissing the Probable Cause Hearing. There being no further discussion, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. No Ordinances were approved. Minutes, January 28, 2019 Page 5 2019-0413 BC0016 Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Clerk to the Board. There being no further business, this meeting was adjourned at 10:38 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daceit,N) .,X .0 Weld County Clerk to the Board BY: ( t.aMiuQ , Deputy Clerkko the Board arbara Kirkmeyer,hair Mike Freeman, Pro - an ' onway c• t ames Steve Moreno Minutes, January 28, 2019 Page 6 2019-0413 BC0016 ATTENDANCE LIST 03)1,1 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (YIN)? \ \ 'bc v-vv-�--e S ^,("A ''Z v(ci C-i". ( C i LoVl \I q.k- y0, -1-:,,,,, ,k -es -7, i I -) ' vv <., i 1.&v,,i d h 'LZ i 1—\,,),\c /E.0 ou--q, ,,11, - d , ', L V\,ti1,,W,l'[`' ,S,,'1,, S COVIA SVtil VUoittc-S t4 q 444' Arc. 6i-(.71/ i, C6 FOf'34 5h,,co-u4-3 P 3r -c-': j . '-'', „1 c.l d OI \ �..,,.\,,1V1) 2230 13f ./\\,\ Cc'.-"-• ,,,,,,„,7,, ,.;,,_ ,...,ai,v,,,,,,5i,-\sci,.c0(s,6,A eLir11 'ef-A.(lvlit 1---1O-VA!?1 3A) ?,v(12 IJ''1(aiArv(eve, CvA.k-61-L`i/Ct`MP-1 '-'(‘3!\)/Qe, . ri- ckvarol ,-,Cv,n., i_HeniLY-, Vu,L( .'V eU 2 31 124'1, A.,/e Ct G.eoc ,CO .03\ eV•-s(5b`lcr,,ecAci-n,nk..e_rD,cr_Ccv,( ,,tP1- f.je-\C.` I5ahQAle, Dvc\�y'nc\ r8 t0(03l ,�.3U 73 Aug, C�(-KA ,Co ;c3aoelle-,Du vc‘yc.c\Cauntk:c:"I;t5c.t4ILAs.cc,-n W �� i Ko v n q Y( 3O lrt U l d m Ln 'co doss* KO ►t-hnt,\il c4' a @r nIcu1 ow uun C4' 21/109,/,J1V\Avx-k trL i°i 4'O k (31 Avc C -1V 4 vwreilvt ,K,0/ '✓ �- 00I(0orvu.,'( : ten,, -00"--e Y. ,o civre,Yv (-\1ir►n 1-Z LI"?)'r°' Ay,t CA- Cus« viAdv,arlqiIpvl@t,r(,kv,,i-\-k, � 5 Le_ L.,y 777i( t:- za( e)- /d. Cee9 ii •l-6rma/ f crn4aiieL2Q'V I Qiic I , C We id 1-01C'\ca \I\lG\�P.A� Eie\e�CO 2!---O,C)�i ----\°� � �1 ezSC)ic�t '�; _f;', � c�flnn,vo�-), . l vP\c'\ 3vYvy. q �o� 5'"S\,Q,er6e, CD D(00 ir\1,AVv'a1� (alicc CO iraY()S-e-S►Ac)'yCj/tgcj. CC-sO1 \n�C',Aa, I CA(\frr t-Tfrilcr- 7O/ k'. /iffSF, G-4',- "1-7-€1L/r ne-Y----50 riV4 f 66s.am) / is L IT-om C -74i --i-.Jw 1-f1 , Ac--- ,-,,__.2,,.,-;,,,J (jL"e�Jlc14 ��' y -c,��v1 2_,,:,,, ,7) ;,� LI �\ —Do 0 c c' c -k P.cAsm 'T e &,‘ `%.-io .3i 7 f, ; \I(4 : CV k27 Ao4x <ll (,G cc1 t4 EX,vcA, oft. L-cl o, \,h6-i-- l g�{ vfZ�t " C'� a£(L5j ),Vv 11 S U b (A s 1 (Lou -xi Co i 0 d y N ,.-'ss-.-- (c [ , r CAjy l t !(,,(,r‘' {',%��,j 1~,S�� e�- It._ �,.,��. \(„5�h1'ol� cr' cr' (I;.� �,-),�I��p. _�,('�,(c° t� !( 0 li , (.1\r‘ c 'S O C. iL.55C 6, �-``4"' ('6 C\-r",«ll( ' r,9 d iv -ter l' - A,(3. aiAe-1746 717 /7' St , pert ef; ea k-e-yroves,_ it( e s /e4or Iffig .Dula s yae.„. ATTENDANCE LIST otl/lei NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? PO,extc,. kyvv5-)A - (1 [-lit < < oce r -E'• . ?s (-61 re c, -,,,,d , . C * `1 ,k - A--(._. /z/A,, i-t,3 ----i-7---e ,., ,k '. q iii, -c if l 6177 ,Kt) -c'4 Clt"1- 'R---hy, , \3?cVFEI.1(Pa(O.AAS t)3Fr D Hello