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Home My WebLink About20192472.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JULY 1, 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 1, 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 • MINUTES: Commissioner Moreno moved to approve the minutes of the Board of County Commissioners meeting of June 26, 2019, as printed. Commissioner James seconded the motion, and it carried unanimously. e CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of Hearings conducted on June 26, 2019, as follows: 1) USR19-0017 — El Colorado View, LLC, and 2) USR19-0020 — Russell and Connie Moss. Commissioner James seconded the motion, which carried unanimously. ID AMENDMENTS TO AGENDA: There were no amendments to the agenda. e CONSENT AGENDA: Commissioner James moved to approve the Consent Agenda as printed. Commissioner Moreno seconded the motion, and it carried unanimously. e PUBLIC INPUT: Bill Gillard, resident of Greeley, expressed his displeasure toward the spending one million dollars, or more, to form oil and gas regulations because the Commissioners disagree with the State regulations. El Richard Grimaud, resident of Johnstown, stated he is not in favor of the Board spending tax payer money to establish an oil and gas committee and suggested a provision should be added to the Code restricting County Commissioners from being involved in the new department for two (2) years. a Bernice Thomas, representative of United Way of Weld County, expressed her appreciation to the Board for the collaborative partnership and for being an excellent business partner and then she presented them with an award. Each Commissioner, in turn, thanked Ms. Thomas for Minutes, Monday, July 1, 2019 Page 1 2019-2472 BC0016 working collaboratively with the Board to support Weld County citizens. Commissioner Conway recognized the United Way of Weld County and the exceptional children's programs, which are recognized at the State level for being outstanding. Chair Kirkmeyer listed the different programs which are important to the citizens of Weld County and the work that United Way has partnered with the Commissioners. (Clerk's Note: The Board paused for a photo opportunity.) WARRANTS: e 1) GENERAL WARRANTS - JUNE 26, AND 28, 2019: Commissioner Freeman moved to approve said warrants for June 26, and 28, 2019. The motion was seconded by Commissioner James, and it carried unanimously. BIDS: ID 1) PRESENT BID #B1900099, AUDIO-VISUAL PRESENTATION SYSTEM (JUSTICE CENTER) - DEPARTMENT OF BUILDINGS AND GROUNDS: Rob Turf, Department of Purchasing, reviewed the two (2) bids received and stated staff will bring back a recommendation on July 15, 2019. NEW BUSINESS: e 1) CONSIDER CONTRACT ID #2869 AGREEMENT FOR SERVICES FOR CARPET CLEANING (NORTH BUSINESS PARK) AND AUTHORIZE CHAIR TO SIGN - GRAHAM BROTHERS, LLC: Mr. Turf reviewed the five (5) bids received and stated the low bidder was Unique Services; however, they have rescinded their bid and staff recommends awarding to the second low bidder, Graham Brothers, LLC, for the total amount of $5,895.00. Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. e 2) CONSIDER AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS AND AUTHORIZE ELECTRONIC SUBMITTAL BY THE CLERK TO THE BOARD: Toby Taylor, Director of the Department of Buildings and Grounds, presented the agreement for security grant funds to replace aging equipment with two (2) metal detectors and the on -going maintenance of video conferencing equipment, for the total amount of $11,880.22. Commissioner Conway moved to approve said agreement and authorize electronic submittal by the Clerk to the Board. The motion, which was seconded by Commissioner Moreno, carried unanimously. e 3) SECOND 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. The motion, which was seconded by Commissioner James, carried unanimously. Bruce Barker, County Attorney, read the title for the record. Dawn Anderson, Department of Public Works, stated the changes were made to Chapters 8, 12, and 23, and she presented a summary of the minor changes made since first reading. No public testimony was offered concerning this matter. Commissioner James moved to approve Code Ordinance #2019-09 on Second Reading. Seconded by Commissioner Conway, the motion carried unanimously. e 4) SECOND 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 James moved to read Code Ordinance #2019-12 by title only. The motion, which was seconded by Commissioner Conway, carried unanimously. Mr. Barker read the title for the record. Ms. Anderson briefly reviewed the changes made since First Minutes, Monday, July 1, 2019 Page 2 2019-2472 BC0016 Reading. In response to Commissioner Conway, Ms. Anderson stated they have always followed State statute regarding transportation permits. No public testimony was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2019-12 on Second Reading. The motion was seconded by Commissioner Freeman, and it carried unanimously. la 5) SECOND 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. The motion which was seconded by Commissioner Conway carried unanimously. Mr. Barker read the title for the record and presented the proposed changes suggested by the oil and gas industry representatives. Mr. Barker pointed out the provision for setbacks on page 43 of the Code which are consistent with the State using the buffer and exception zones. He stated oil and gas industry representatives suggested having a 500 -foot building unit setback throughout the County, which is stricter than what the State has now. Mr. Barker presented the new proposed definition for a building unit setback and submitted the proposed wording for the Code. a In response to Commissioner Conway, Mr. Barker stated the previous Colorado Oil and Gas Conservation Commission (COGCC) Director gives out exception waivers, but Weld County's Hearing Officer would present the waivers. Chair Kirkmeyer inquired about the impact to an agricultural surface owner, for example, if they do not consent to have drilling 500 feet from the building unit. Mr. Barker explained the surface unit owner can request a waiver for the 500 -foot setback and designate the best location for the well to be moved. He then presented the proposed language for the definition of "Development" for Chapter 21. IR Chris McGown, representative of the Colorado Petroleum Council, thanked the Board for their leadership and the staff who has worked on the ordinance. e Luke Coats, representative of Energy Strong, thanked the Board for their initiative and stated the consumption of natural gas has helped reduce the CO2 emissions in the atmosphere, and the industry has become more technically advanced to do their part to protect air and water. IR Mr. Barker suggested modifying Section 21-5-485 to state "alternatively, the 1041 WOGLA hearing officer may approve an exception by determining that the potential locations outside the 500 -foot setback are technically infeasible or economically impracticalable, or the surface owner presented a waiver request stating that the 500 -foot building unit setback does not adequately accommodate agricultural operations, and that sufficient mitigation measures including, but not limited to, Best Management Practices (BMP) may be employed to protect the public health, safety and welfare." a In response to Commissioner James, Mr. Barker clarified the mitigation measures in Best Management Practices (BMP's) will alleviate problems with setbacks. Commissioner Conway stated he wants to ensure everything has been done to protect agricultural operation rights. Mr. Barker stated he believes the new regulations will give greater protection to the health, safety, and welfare of the agricultural surface owner. Commissioner Conway moved to amend Code Ordinance #2019-10 to include the language from Mr. Barker. The motion was seconded by Commissioner Moreno, and it carried unanimously. Commissioner Freeman moved to approve on Second Reading, as amended. The motion was seconded by Commissioner Freeman. Commissioner Conway stated the three -reading process allows the Board to make changes to protect the agricultural entities. a Chair Kirkmeyer addressed comments presented during the Public Input portion of the meeting and explained the Board adopts the current International Building and Fire Codes on an annual basis, therefore, the Board isn't being less stringent than the State. She also explained the County is exercising the delegation of authority through thier 1041 powers by permitting and exercising their land use authority, which was given to the Board in SB-181. Upon a roll call vote, the motion passed unanimously. e 6) SECOND READING OF WELD COUNTY ORDINANCE #2019-11, IN THE MATTER OF Minutes, Monday, July 1, 2019 Page 3 2019-2472 BC0016 REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (1041 OIL AND GAS RESOURCE AREA - ZONING DISTRICTS): Commissioner Moreno moved to read Code Ordinance #2019-11 by title only. The motion, which was seconded by Commissioner Conway, carried unanimously. Mr. Barker read the title for the record. Tom Parko, Director of the Department of Planning Services, stated there have been no changes since the First Reading. No public input was offered concerning this matter. Commissioner Moreno moved to approve Code Ordinance #2019-11 on Second Reading. The motion, which was seconded by Commissioner James, carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinances #2019-09, #2019-10, #2019-11, and #2019-12 were approved on Second 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 9:55 a.m. BOARD OF COUNTY COMMISSIONERS WE,J_D COUNTY, COLORADO ATTEST: datifiA)�', Weld County Clerk to the Board BY: /V eputy Clerk to the Board Barbara Kirkmeyer, chair onway James Steve Moreno Mike Freeman, Pro -Tern Minutes, Monday, July 1, 2019 Page 4 2019-2472 BC0016 ATTENDANCE LIST -; NAME PLEASE PRINT COUNTY - �,�GIRL�Y ADDRESS STATE OF SPEAKING (CITY, ZIP) EMAIL RESIDENCE (YIN)? I Cwt jl) p, I 41 sole; Ave-cr ar 1,41#4.4,Lb 0,1 L__, (is, ick/ ki '1/2 Y. 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