HomeMy WebLinkAbout20183057.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 24, 2018
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, September 24, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of September 19, 2018, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
IR CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on September 19, 2018, as follows: 1) USR18-0046 — Enrique and Elisa Guerrero,
2) USR18-0031 — Mariano Gonzalez, 3) USR18-0052 — Outrigger DJ Operating, LLC, and 4) USR18-
0023 — Les Matson Construction, Inc., c/o Brian Hartman. Commissioner Conway seconded the motion,
which carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
IR CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Chair Moreno explained and read into evidence his statement for the definition of
harassment, as requested by Bill Gillard, resident of Greeley. He stated he called Mr. Gillard to read this
statement to him, since he was not at today's hearing.
OLD BUSINESS:
• 1) CONSIDER SECOND AMENDMENT TO ORIGINAL LEASE AND TO SUBLEASE AND
AUTHORIZE CHAIR TO SIGN - NCMC, INC., AND BANNER HEALTH: Bruce Barker, County Attorney,
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presented the second amendment to the original lease confirming that NCMC will vacate the property on
or before October 1, 2019. Barb Connolly, Controller, clarified Banner is waiting for the new lease before
paying the delinquent amount to the County. Commissioner Kirkmeyer stated Banner needs to pay for
the last four (4) months of the lease. Commissioner Freeman moved to approve said Second Amendment
to Original Lease and to Sublease and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, who clarified the amended lease gives Banner the option to stay until October 1,
2019, but they can leave before then. Commissioner Kirkmeyer stated the County wanted to have the
Coroner in the building sooner, but it will now be delayed. After further discussion, the motion carried
unanimously.
NEW BUSINESS:
01 1) CONSIDER 2018-2019 AREA AGENCY ON AGING OUTREACH SERVICES VENDORS LIST
AND RATES: Jamie Ulrich, Deputy Director of the Department of Human Services, presented the details
of the 2018-2019 Area Agency on Aging Outreach Services vendors list and rates.
Commissioner Conway moved to approve said vendors list and rates. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
12 2) CONSIDER 2018-2019 AREA AGENCY ON AGING IN -HOME VOUCHER PROGRAM
PARTNER LIST AND RATES: Ms. Ulrich presented the 2018-2019 Area Agency on Aging In -Home
Voucher Program Partner list and rates, who provide assistance to eligible older residents.
Commissioner Freeman moved to approve said list and rates. The motion was seconded by
Commissioner Conway, and it carried unanimously.
• 3) CONSIDER TEMPORARY CLOSURE OF CR 3 BETWEEN CR 28 AND STATE HIGHWAY 66:
Elizabeth Relford, Department of Public Works, reviewed the terms of the closure beginning October 1,
2018, through October 5, 2018, for a culvert replacement. She stated staff will use standard road signs
for traffic control. Commissioner Kirkmeyer moved to approve said temporary closure. The motion was
seconded by Commissioner Conway, and it carried unanimously.
• 4) CONSIDER TEMPORARY CLOSURE OF CR 3 BETWEEN CR 40.5 AND STATE HIGHWAY 56:
Ms. Relford presented the details of the temporary closure beginning October 1, 2018, through October 8,
2018, and stated this was an unexpected closure included on the Colorado Department of
Transportation's (CDOT) Bridge Report and explained the repairs had to be completed within 90 days.
Commissioner Conway moved to approve said temporary closure. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
• 5) CONSIDER TEMPORARY CLOSURE OF CR 35 BETWEEN CRS 78 AND 80: Ms. Relford
presented the details of the temporary closure beginning October 1, 2018, through October 5, 2018, for
the replacement of a 30 -inch irrigation culvert. Commissioner Freeman moved to approve said temporary
closure. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
6) CONSIDER TEMPORARY CLOSURE OF CR 390 BETWEEN STATE HIGHWAY 14 AND
CR 105: Ms. Relford requested an extension of the existing closure on CR 390, through November 15,
2018, for the road construction project on CR 105. In response to Commissioner Conway, Ms. Relford
stated this needs to be extended due to scheduling conflicts and Forest Sercvice delays.
Commissioner Kirkmeyer moved to approve said temporary closure. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
PLANNING:
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1) SECOND READING OF WELD COUNTY CODE ORDINANCE #2018-05, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 26
REGIONAL URBANIZATION AREAS (PIPELINES), OF THE WELD COUNTY CODE (CONT'D FROM
8/29/2018): Commissioner Kirkmeyer moved to read Code Ordinance #2018-05 by title only. The motion
was seconded by Commissioner Conway, and it carried unanimously. Mr. Barker read the title for the
record. Tom Parko, Director of the Department of Planning Services, reviewed the changes made after
meeting with staff and the stakeholders. He stated under Section 23-2-510, titled "Application
Requirements," they moved the section pertaining to the soils report from "Mapping Requirements" for
better clarification. He stated, as suggested from public input, they made changes to the section
pertaining to irrigation ditches, laterals and canals. He also detailed the other changes made to the Code
to remove redundant language and make processes more consistent. He confirmed the Department of
Public Works is available to answer questions related to the LAP process and Chapter 12. In response
to Commissioner Kirkmeyer, Mr. Parko clarified the paragraph for the Emergency Action Plan, was
moved under paragraph H, so it was moved from "Application Requirements" to "Statements."
In reponse to Commissioner Kirkmeyer, Mr. Parko stated the intent is to make sure the Department
of Public Works receives the necessary information for depths and planned profiles for the other pipelines.
• Commissioner Freeman clarified when the Department of Public Works would determine the depths
on an individual basis.
• Ms. Relford stated there were not specific depth requirements in the USR and staff did not want to
put applicants through another process. She stated staff would like depths of County road crossings to
be greater than ten (10) feet and remain consistent with the USR permit requirements. Mr. Parko stated
the plan profile and depths will be covered as part of the Right -of -Way Permit because the LAP permit
only covers certain pipelines, but the Public Works' process reviews all pipeline sizes. Commissioner
Kirkmeyer expressed her concern with the process taking six (6) months or longer, which could delay
projects; therefore, she suggested adding a reference to Chapter 12 about the depth issues. In reponse
to Commissioner Kirkmeyer, Ms. Relford stated the revisions for Chapter 12 will be completed by
February 1, 2019, and Mr. Barker stated there are other changes they would like to present to the Board.
▪ Ryan Seastrom, Colorado Oil and Gas Association (COGA) representative, extended his
appreciation for the Commissioners stating their opposition of Propostion 112. Mr. Seastrom addressed
the items of concern, specifically, use of rights -of -way and the submission of a LAP application for which
there is secured right-of-way agreements or easements. He stated the proposed flowline mapping
requirements do not indicate if it applies to on -location or off -location flowlines. Lastly, he requested a
timeline be implemented for preliminary approval by the Department of Planning Services. In response
to Commissioner Kirkmeyer, Mr. Seastrom stated he is not familiar with the USR process. Commissioner
Kirkmeyer commented the entire premise of the LAP process is to streamline the current USR process
into an expedited administrative process, therefore, she requested COGA submit comments summarizing
how their suggestions differ from the current USR process.
• Kim Cook, representative for Kerr-McGee Gathering, thanked the Board for their support of the
industry and stated she did an analysis of the USR and LAP permit processes, so she will send her
findings to Mr. Parko for review. She explained they have twelve (12) projects which would need to go
through the LAP process and 90% of the right-of-way (ROW) has been acquired. She stated she would
like the Board to adopt the draft from COGA Section 23-2-1110.K which states any ROW that was
obtained before October 10, 2018, be allowed to continue with projects which will fall under the LAP
process. Ms. Relford clarified she understands the industry has secured ROW adjacent to the County
ROW and their pipeline may not meet the criteria in the future ROW section and would like those
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grandfathered in. Mr. Barker stated the proposed effective date is February 1, 2019, and anything
permitted after the effective date could be a problem. Commissioner Freeman clarified after
October 1, 2018, they won't aquire any ROW that is within future ROW. Mr. Barker stated the proposed
language by the industry will benefit the County.
• Patrick Groom, representative of DCP Operating Company, LP, referenced Section 23-2-1110.1 and
suggested the determination of whether to enter into a Public Improvements Agreeement needs to be
made early in the process by Public Works, because it will add a 30 to 60 day process requirement. He
requested clarification about how the LAP process will be handled internally to ensure recording the mylar
will not be delayed. Ms. Relford confirmed the more information received at the beginning of the
application, the faster and more efficiently it can be processed. In response to Mr. Groom, Mr. Parko
agreed with gathering all the information before Items go to recording.
• Doug Dennison, HighPoint Resources representative, stated the requirement for the ROW use
permit is in paragraph G but the language is not consistent for Domestic Water Lines and he requested
there be clarification. Mr. Barker stated the language on page 3 under Section 23-2-440.H is better
language for the Code.
▪ Dennis Hoshiko, resident of Greeley, thanked the Commissioners and staff for developing the Code
but he feels there needs to be clarification of what "Use by Right" legally means and shared what "Use
by Right" means to him. He stated landowners encounter issues with non -Use by Right pipelines,
because landowners don't benefit from these pipelines. He stated the easements for non -Use by Right
pipelines can be 100 feet in width and this puts a burden on the current use or future development of the
lands they pass through. He described the dangers of natural pipelines and stated the operators should
be required to record the locations of the pipelines and mark them with aboveground signage to prevent
any disasters from happening. He went on to explain that the bore tunnels for the pipelines are too shallow
and then the bottom of the ditches blow out, which is detrimental to farmlands.
• In response to Commissioner Conway, Mr. Hoshiko stated he did not participate in the newly
enacted 8-1-1 law. He stated the law is to establish civil penalties, if an individual doesn't use the 8-1-1
system before digging. Mr. Hoshiko explained the 8-1-1 system requires a precise location to mark the
utilities crossing under an irrigation ditch which is impractical. Commissioner Kirkmeyer clarified
Agricultural activites are exempt from using the 8-1-1 system. Ms. Relford clarified a Right -of -Way Permit
is required for all pipelines and any boring, as well as an inspection for potential issues. She stated Public
Works will require more information for a Right -of -Way Permit application.
• In response to Commissioner Kirkmeyer, Mr. Barker stated there is law which states as long as
there is no interference with a ditch easement or ditch ROW, then there is no need for a permit.
Mr. Hoshiko stated there are instances where bore tunnels and pipelines are too shallow. He stated there
are documented events where the ditch easements were affected and this is why there is a need for
better notification of the location of pipelines. There being no further comments, Chair Moreno closed
public testimony.
• Following discussion with Mr. Barker, Commissioner Kirkmeyer suggested to make the language on
page 10, paragraph G consistent with the language on page 3, paragraph H and include the other
permits. Commissioner Kirkmeyer moved to amend Code Ordinance #2018-05 as stated above.
Seconded by Commissioner Freeman, the motion carried unanimously. She proposed a second
modification in Section 23-2-1110.K. Mr. Barker stated the first sentence should be modified to add,
"Beginning October 1, 2018, all easements obtained for a PIPELINE..." and remove, "at the time an
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applicant submits a LAP application" and after the words "erroneously located within an" insert, ". .
. easement obtained on or after October 1, 2018, and within an..." Commissioner Kirkmeyer moved to
amend page 10, paragraph K as proposed by Mr. Barker above. Seconded by Commissioner Conway,
the motion carried unanimously. Lastly, Commissioner Kirkmeyer referenced page 16, Section 23-
2-1150.G, to include the language with regard to easement agreements, memoranda of easements or
option agreements. Mr. Barker confirmed the language for the Code. Commissioner Kirkmeyer moved
to amend the Ordinance as stated above, and the motion which was seconded by Commissioner
Freeman, carried unanimously.
In Commissioner Kirkmeyer moved to approve Code Ordinance #2018-05 as amended on Second
Reading, and it was seconded by Commissioner Conway. Commissioner Kirkmeyer stated Mr. Hoshiko
has legitimate concerns with the impacts of pipelines on agriculture and the goal of the County is to
change a USR process and make it an administrative process, so to add produced water lines at this
point in the ordinance process would complicate the matter. Commissioner Freeman stated he agrees
with the Code changes and believes they have met the intent to have a USR process move to an
administrative process. Commissioner Conway stated he concurs with the other comments and
appreciates the industry for their input on the process. Chair Moreno stated it is important to receive input
and representation from the industry. There being no further discussion, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2018-05 was approved on Second Reading, with amendments.
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 10:42 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datifvo
Weld County Clerk to the Board
BY: _O•e, CA- . X1'1
y Clerk to the Board
Steve Moreno, Chair
arbara Kirkmeyer,
Sean P. Conway
Mike Freeman
ro-Tem /
Minutes, September 24, 2018
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2018-3057
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