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Home My WebLink About20193235.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 22, 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, July 22, 2019, 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 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 Moreno moved to approve the minutes of the Board of County Commissioners meeting of July 17, 2019, as printed. Commissioner Freeman seconded the motion, and it carried unanimously. la CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on July 17, 2019, as follows: 1) USR19-0026 — Peters 313 Ranch, Inc., c/o Summit Midstream Niobrara, LLC, and 2) USR19-0013 — Brandon and Collen Olson. Commissioner James seconded the motion, which carried unanimously. CI AMENDMENTS TO AGENDA: There were no amendments to the agenda. ▪ CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed. Commissioner Freeman seconded the motion, and it carried unanimously. e PUBLIC INPUT: No public input was given. WARRANTS: El 1) GENERAL WARRANTS - JULY 19, 2019: Commissioner Moreno moved to approve said warrants. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, Monday, July 22, 2019 Page 1 2019-3235 BC0016 BIDS: F 1) PRESENT BID #61900112, HUMAN SERVICES BUILDING C RENOVATION - 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 August 5, 2019. F 2) PRESENT AND APPROVE ON EMERGENCY BASIS BID #B1900110, CR 39 EXTENSION PROJECT - DEPARTMENT OF PUBLIC WORKS: Mr. Turf reviewed the bids received and stated staff requests a waiver of the ten-day waiting period to meet the timeline for the grant project, which needs to be completed before the end of the year. He stated staff recommends awarding to the low bidder, DeFalco Construction Company, for the total amount of $3,753,538.27. Commissioner Moreno moved to approve said bid on an emergency basis. Seconded by Commissioner James, the motion carried unanimously. NEW BUSINESS: 1) CONSIDER APPLICATION FOR SUPPLEMENTAL REIMBURSEMENT FOR PETROLEUM STORAGE TANK REMEDIATION AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Director of Buildings and Grounds, presented the terms of the application for supplemental reimbursement, in the amount of $5,060.86, to be used for remediation activities. Commissioner Conway moved to approve said application and authorize the Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously. 2) CONSIDER CHANGE ORDER #2 FOR DESIGN -BUILD FOR HUMAN SERVICES BUILDING A REMODEL (BID #61700083) - GROWLING BEAR COMPANY, INC.: Mr. Taylor presented Change Order #2 for the Human Services Building A remodel. He explained the project is complete and Growling Bear didn't use the contingency funds, therefore, the County will receive a credit of $513,348.00. Commissioner Freeman moved to approve said change order and authorize the Chair to sign. Seconded by Commissioner Moreno, the motion carried unanimously. El 3) CONSIDER FINDINGS AND RESOLUTION CONCERNING APPLICATION FOR AN OPTIONAL PREMISES (COUNTY) LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN - IHRF, INC.: Bob Choate, Assistant County Attorney, reviewed the application for a new liquor license and stated the Board will need to consider the compatibility of the neighborhood and the moral character of the applicant. He noted there will be no on -site gambling and there are no concerns from the referral agencies. eAna Ornelas-Moreno, applicant, was present to answer questions. Commissioner Freeman stated upon his inspection he found the new building to be in good order and had no concerns with the site. In response to Commissioner Conway, Ms. Ornelas-Moreno confirmed she understands gambling is not allowed and will take the measures necessary to prevent gambling activities. eIn response to Commissioner James, Mr. Choate stated the premises diagram is accurate and not reliant on the USR map. No public testimony was offered concerning this matter. Commissioner Freeman moved to grant said license and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. El 4) CONSIDER FINDINGS AND RESOLUTION CONCERNING APPLICATION FOR COUNTY DANCE HALL LICENSE NUMBER 398 AND AUTHORIZE CHAIR TO SIGN - IHRF, INC.: Mr. Choate explained the Dance Hall License goes with the liquor license and noted there are no concerns from referrals. Commissioner Moreno moved to grant said license and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and it carried unanimously. Minutes, Monday, July 22, 2019 Page 2 2019-3235 BC0016 El 5) CONSIDER CONSENT TO THE ENFORCEMENT OF THE 2018 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE SOUTHEAST WELD FIRE PROTECTION DISTRICT: Jose Gonzales, Department of Building Inspection, stated the Southeast Weld Fire Protection District is requesting consent to enforce the 2018 International Fire Code within the unincorporated areas of Weld County within their district boundaries. IR Tom Beach, Chief of the Southwest Weld Fire Protection District, was available to answer questions. Commissioner Freeman moved to consent to enforcement of the 2018 International Fire Code, with Amendments, which was seconded by Commissioner James, and it carried unanimously. El 6) CONSIDER INSTALLATION OF TRAFFIC CONTROL SIGNS AT THE INTERSECTION OF CRS 18 AND 57.5 (MARKET STREET): Cameron Parrott, Department of Public Works, explained County Road 18 is maintained by Weld County and County Road 57.5 (Market Street) is maintained by the Town of Keenesburg. He stated the intersection is controlled by two (2) Stop signs and staff would like to install a third Stop sign to control westbound traffic entering the intersection. Commissioner James moved to approve said installation of traffic control signs. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 7) CONSIDER SECOND AMENDMENT TO SPECIFIC PERFORMANCE CONTRACT FOR WATER SHARES AND AUTHORIZE CHAIR TO SIGN - CENTRAL COLORADO WATER CONSERVANCY DISTRICT: Bruce Barker, County Attorney, stated Randy Ray, representative of the Central Colorado Water Conservancy District, has requested a continuance to make it more efficient to do everything at once and get the full value from the last share. He explained there is a dry -up provision and continuing this matter to April 30, 2020, will allow the District to get more agreements signed. Mr. Barker stated there are 28 shares of Lupton Bottoms Ditch Company and 2 shares of the Fulton Ditch, and explained Mr. Ray is asking to close on all shares in April, 2020; however, the Central Colorado Water Conservancy District will not use the water until 2020, so it will save them money. Commissioner Conway moved to approve said second amendment and authorize the Chair to sign. The motion, which was seconded by Commissioner Moreno, carried unanimously. ID 8) CONSIDER APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Commissioner James moved to approve said appointment. The motion was seconded by Commissioner Moreno, and it carried unanimously. El 9) FINAL READING OF WELD COUNTY ORDINANCE #2019-09, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE (GRADING PERMITS/ROAD ACCESS): Commissioner Freeman moved to read Code Ordinance #2019-09 by title only. Seconded by Commissioner James, the motion carried unanimously. Mr. Barker read the title for the record. Dawn Anderson, Department of Public Works, reviewed the changes for grading permits and road access, in relation to the 1041 Designation of oil and gas. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2019-09 on Final Reading. The motion, which was seconded by Commissioner Freeman, carried unanimously. El 10) FINAL READING OF WELD COUNTY ORDINANCE #2019-12, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, CHAPTER 12 LICENSE AND PERMITS, AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (STORM DRAINAGE AND TRANSPORT PERMITS): Commissioner Freeman moved to read Code Ordinance #2019-12 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record. Ms. Anderson presented the changes to the language specific to storm Minutes, Monday, July 22, 2019 Page 3 2019-3235 BC0016 drainage and transport permits to provide consistency. She stated staff held a drainage workshop on July 11, 2019. No public testimony was offered concerning this matter. Commissioner Freeman moved to approve Code Ordinance #2019-12 on Final Reading. Seconded by Commissioner James, the motion carried unanimously. OD 11) FINAL READING OF WELD COUNTY ORDINANCE #2019-10, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA - 1041 REGULATIONS): Commissioner Freeman moved to read Code Ordinance #2019-10 by title only. Seconded by Commissioner Conway, the motion carried unanimously. Mr. Barker read the title for the record and presented the three (3) changes that resulted from comments received from the industry. He stated the first change is a suggestion from Andrew Casper, to state an exception to the 1041 WOGLA permit for facilities permitted, constructed, operated and maintained pursuant to Chapter 23 Article II, Divisions 4 and 11. He stated the second change pertains to Section 21-5-340.D and placing a limitation on postponement of hearings to state: "A motion for reconsideration may be considered by the 1041 WOGLA Hearing Officer in cases where a 1041 WOGLA Permit application has been denied. Such motion must be filed no later than ten (10) days after the applicant has received notice of the denial. A motion for reconsideration must state with sufficient clarity the specific reason(s) the applicant believes the denial was the incorrect decision." Mr. Barker presented the last change to Section 21-5-380 concerning sampling and analysis during site investigation and remediation to also specify Colorado Oil and Gas Conservation Commission (COGCC) Rule 318A or 910 to determine the horizontal and vertical extent of any contamination in excess of the concentrations allowed. Mr. Barker stated the remainder of the changes were grammatical in nature, and he referenced several emails which he added into the record for consideration by the Board. El Jason Maxey, Director of the Department of Oil and Gas Energy, requested the addition of "the Surface Owner" in the language be considered for the second paragraph of Section 21-5-320.6 to state, "The 1041 WOGLA Permit pre -application notice shall be delivered by the Applicant to the following parties: the Surface Owner; Building Unit owners... " la Kevin Ross, Mayor of the Town of Eaton, thanked the Board for their hard work to bring local control to Weld County and their wiliness to work with individuals in the oil and gas industry. Each Commissioner, in turn, thanked Mr. Ross for his support. Commissioner Conway further expressed his appreciation for Mayor Ross presenting the ozone and air quality concerns. IR Dale Hall, Greeley City Council Ward 4 representative, stated he believes in businesses being able to work through the process of government regulations to provide jobs for citizens in the community and stated he supports the oil and gas industry. He stated he supports the County and he has petitioned the City Council to see how the passage of SB-181 will affect their local control concerning the oil and gas industry. Commissioner Moreno extended his appreciation to the municipalities working with the Board. Dave Kulmann, representative of PDC Energy, addressed the suggestions and proposed changes previously referred to by Mr. Barker, including clarification concerning reclamation, and requested the setback definition not include flow lines. Chair Kirkmeyer clarified there are COGCC regulations for flow lines concerning setbacks from structures. She further stated the County would support reclamation efforts between the operator and the surface owner, rather than being dictated by a governmental agency. EI Dan Woog, Mayor of the Town of Erie, stated he has seen vicious and unwarranted attacks on the energy industry in Colorado and people who are trying to destroy the energy industry and he thanked the Board for their leadership in protecting health, safety, private property rights and jobs for thousands of Minutes, Monday, July 22, 2019 Page 4 2019-3235 BC0016 Colorado families. Chair Kirkmeyer and Commissioner Conway thanked him for being present at each of the readings and representing the Energy Strong viewpoint and partnership. Dan Haley, representative of the Colorado Oil and Gas Association (COGA), thanked the Board for their continued support and for partnering with the oil and gas industry. He stated there are political challenges ahead and they intend to continue working with the County. Commissioner Conway thanked Mr. Haley for representing those working in the oil and gas industry. IR Chris McGowen, Associate Director for Colorado Petroleum Council, congratulated Jason Maxey on his appointment as the Director of the Oil and Gas Energy Department and thanked the Board and other local representatives for their ongoing support of the oil and gas industry. IE There being no further comments, Chair Kirkmeyer closed the public input portion of the hearing. Mr. Maxey reviewed the proposed change to Section 21-5-320.B to add "Surface Owner,"to the list of parties who receive notice of pre -applications. Mr. Barker noted the proposed addition of Section 21-5- 30.E to exempt pipelines from the 1041 WOGLA permit process and amending Section 21-5-340.B.3 to add a second sentence which reads: "A hearing shall not be postponed more than once." At the request of Chair Kirkmeyer, Mr. Barker further amended the sentence to state, ". . ., unless an unforeseen circumstance prohibits the hearing from occurring." He stated the next revision is to add a new Section 21-5-340.D to read: "A motion for reconsideration may be considered by the 1041 WOGLA Hearing Officer in cases where a 1041 WOGLA Permit application has been denied. Such motion must be filed no later than ten (10) days after the applicant has received notice of the denial. A motion for reconsideration must state with sufficient clarity the specific reason(s) the applicant believes the denial was the incorrect decision. language page 30 hearing process." Mr. Barker stated the last revision is to Section 21-5-380 concerning sampling and analysis during site investigation and remediation to also specify Colorado Oil and Gas Conservation Commission (COGCC) Rule 318A or 910 to determine the horizontal and vertical extent of any contamination in excess of the concentrations allowed. Mr. Maxey stated a revision is also proposed under Section 21-5-320.F to specifically identify jurisdiction of the Colorado Department of Transportation concerning access permits, and the Board concurred with all the above stated changes. In response to public input, Chair Kirkmeyer referenced a proposed revision on page 44 concerning setbacks for flowlines; however, Mr. Barker suggested the change would be better addressed by removing the reference to "flowlines" from the definition of "Production Facility". Lastly, Mr. Maxey suggested changing the last sentence to also clarify an oil and gas location; however, Chair Kirkmeyer stated there may be unintended consequences by making that particular change to the definition, and Mr. Barker agreed it warrants further review and possible revision at a later date. El Commissioner Freeman moved to amend Code Ordinance #2019-10 as discussed. Seconded by Commissioner Conway, the motion carried unanimously. Commissioner Conway moved to approve Code Ordinance #2019-10 on Final Reading, as amended. The motion, which was seconded by Commissioner James, carried unanimously. Commissioner Conway thanked the oil and gas industry for its support. He stated this is an important process and the Board is very confident in Mr. Maxey as the new Director of the Oil and Gas Energy Department. He further stated becoming energy independent is important. Commissioner James expressed his appreciation for the local government representatives who spoke in support of the new 1041 regulations as a means of gaining local control. Commissioner Moreno stated he is in support of the Ordinance and thanked the industry representatives for their support. He stated Weld County has great resources and the Board will continue to work for the citizens of Weld County. Commissioner Freeman thanked the local government representatives, as well as the oil and gas industry, for being present at the hearing today. He stated establishing local control will ensure the safety, health and well-being of the citizens of Weld county. Chair Kirkmeyer stated the Board will Minutes, Monday, July 22, 2019 Page 5 2019-3235 BC0016 continue to strive to protect and meet the needs of agriculture, the oil and gas industry and the Weld County citizens who are the backbone of the County. IR 12) FINAL READING OF WELD COUNTY ORDINANCE #2019-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA - ZONING DISTRICTS): Commissioner Freeman moved to read Code Ordinance #2019-11 by title only. Seconded by Commissioner Moreno, the motion carried unanimously. Mr. Barker read the title for the record and reviewed the changes made to Code Ordinance #2019-11, which were necessary due to the finalization of zoning changes reflected in Code Ordinance #2019-02, specifically oil and gas permitting which is now subject to the WOGLA application process and hearing procedures outlined in Chapter 21, Article V. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2019-11 on Final Reading. Commissioner Moreno seconded the motion, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2019-09, #2019-11, #2019-10, and #2019-12 were approved on Final Reading. 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 10:32 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO A DO ATTEST: dithA)1D•‘, Weld County Clerk to the Board BY pputy Clerk to the Board arbara Kirkmeyer, C air Mike Freeman, Pro-Tem . James Steve Moreno Minutes, Monday, July 22, 2019 Page 6 2019-3235 BC0016 ATTE/ND�AN�CE�ST l� J NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY RESIDENCE SPEAKING (Y/N)? ?,OS j---.aO AtGo3 crz:_y. (2_ S , 14 DSS a-c-iw-)C0-vJ )e- %rNo Of vs,` 6 5 l6 -1 r 17.E,-,1 c 1 fir, r; d�l, r -F 1..eCA\. 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