HomeMy WebLinkAbout20183447.tiff MINUTES
WELD COUNTY COUNCIL
September 17, 2018
The Weld County Council met in regular session in full conformity with the Weld County Home
Rule Charter at 6:30 p.m., Monday, March 19, 2018, at the Weld County Administration Building,
1150 0 Street, Greeley, CO.
ROLL CALL:
in The meeting was called to order by Vice-President Charles Tucker. Councilmen Brett
Abernathy, Jordan Jemiola and Michael Grillos were present, constituting a quorum of
members. President Gene Stille had an excused absence. Also present was County Attorney
Bruce Barker and Council Secretary Linda Kane.
APPROVAL OF AGENDA :
Councilman Abernathy made a motion to amend the agenda with the following;
Add discussion of agenda procedures
Add discussion of a conflict of interest clause in the charter, and
Add discussion of upcoming budget meeting; they were all seconded by Councilman Grillos
and carried.
APPROVAL OF DOCUMENTATION:
Approval of August 20, 2018, Minutes
Councilman Grillos made a motion to approve the August minutes, seconded by
Councilman Jemiola and the motion carried.
Councilman Abernathy made a note that he was able to open the audio of minutes placed on
the web site using Internet Explorer.
REVIEW PROGRAM:
Tom Parko, Director of Planning Services
Tom Parko, began his presentation by stating planning services is one of the smallest county
departments, but is always busy.
He stated Weld County is the second fastest-growing county in the state. Planning
services has 31 employees, which has been the norm for the last decade.
Planning services specializes in planning, zoning, floodplain administration, oil and gas,
small business development and zoning compliance. It also conducts building inspections, plan
reviews and building compliance.
Mr. Parko stated Weld County is the number 1 oil producing county in Colorado with
roughly 23,000 active wells. The county currently has 23 active rigs, which is about half seen in
2014.
Planning services provides small business credits typically in the form of offsetting
application fees, permits and other start-up costs.
He said long-range planning is always looking toward future projects. That section of his
department has 6 full-time planners.
He said there's not a lot of commercial or industrial zones in the county, so a few years
ago, his department came up with RAPID - Regional Areas Planned and Incentivized for
Development. He said he receives many inquiries from developers interested in Weld County,
�Mmu n i cat ions 2018-3447
10 ( 3( / i
so he wants to incentivize these types of plans.
Planning Services is also revamping its web site to be more transparent, while also
transitioning to a paperless application process.
a Councilman Tucker asked whether oil drilling permits have slowed because of the
November election.
Mr. Parko said there's been a huge increase in permit activity, with companies hoping to
be grandfathered in case Proposition 112 passes. He said the proposition could wipe out 85
percent of oil and gas development in Weld County.
Councilman Jemiola asked about the RAPID program being available to the public.
Mr. Parko said he'd like to set up meetings throughout the county and get as much
involvement from the public as possible.
Councilman Jemiola asked how many applications were processed in 2017. Mr. Parko
said about 800 and he expects this year to be closer to 1,000.
Councilman Jemiola commended Mr. Parko and his department.
See Addendum#6
PUBLIC COMMENT:
a Dave Kisker, of Johnstown, said he figured out a way to use Chrome to download audio of
minutes from the web site. He stated his interest in the conflict of interest item as he thought it
was eliminated with the passage of 1 b during the last election.
NEW BUSINESS:
Crime Stopper Procedures
12 Charles Poch, board president of Crime Stoppers, said he was approached by a citizen
who said the Council was looking for a whistleblower program. He came to the meeting to
explain what Crime Stoppers can offer.
His colleague, Larry, stated they work with King Soopers and set up a program designed
to fit within the confines of the organization. The whistleblower always remains anonymous. He
said Crime Stoppers has been around since 1981.
Councilman Grillos asked how they guarantee anonymity of the whistleblower.
The men explained that when a call is made, the number is blocked and they never ask for
a name or identifying information.
They also discussed an Ethics Line, which is a commercial service available to all Crime
Stoppers programs. It provides an external anonymous reporting service available 24/7. Upon
receipt of a complaint, a transcript is generated by a call agent and forwarded to the point of
contact at the caller's organization or work place.
Councilman Abernathy said looking into the ethics line would be a good idea. He said he
didn't feel like the county would be reporting criminal activities as much as complaints about the
work environment.
Councilman Grillos said he would gather more information.
Discussion of Salaries and Compensation of Elected Officials
Councilman Abernathy said Council overlooked a procedure set in 2016 that salaries stay at
current levels for the following year. He made a motion to maintain salaries as voted on five
months ago and that salaries be placed on the August 2019 agenda. The motion was seconded
by Councilman Grillos and carried.
See Addendums #1 and #4
Coordinator Reports/Councilman Reports
Councilman Abernathy commended Clerk to the Board Esther Gesick, Council Secretary Linda
Kane and Chief Information Officer Ryan Rose for figuring out how to get the audio minutes
posted on the web site to play.
Councilman Abernathy attended a small portion of the BOCC meeting earlier in the day
and heard they voted to reaffirm payment of Commissioner Julie Cozad's legal fees regarding
allegations of improprieties against her. He said Commissioner Sean Conway requested there
be time for public comment and it was declined.
Bills
fa Councilman Grillos declined to pay the August phone bill as he had questions related to
two calls. Secretary Kane later said she believed the two calls were made to customer service
regarding the audio system, but she would double-check her records.
o Weld County Phone Bill for August $21.25.
Discuss Audio of Minutes
Councilman Tucker stated this was already addressed. That audio of minutes may be heard
online only if the user is utilizing Internet Explorer as a browser.
Agenda procedures
Councilman Abernathy said he reviewed Robert's Rules of Order and anyone can add an item
to the agenda.
Councilman Jemiola said the president has the ability to add or remove agenda items.
However, if the board approves an agenda item, it remains. He said an agenda can be
amended at the beginning of a meeting, too.
County Attorney Bruce Barker said it's up to Council as to how the agenda is prepared.
He said 24 hours public notice is required of posting a meeting agenda.
Councilman Abernathy made a motion to make the cut-off time to add agenda items be
5 p.m. on the Wednesday prior to the meeting, equaling about 72 hours prior to the meeting, it
was seconded by Councilman Grillos and carried.
OLD BUSINESS:
Discuss Whistleblower Policy
Discussion was postponed until next month.
Discussion of Conflict of Interest Clause in Charter
Councilman Abernathy referred to Section 16-7 that states: Every elective county office shall
become vacant, on the happening of any one of the following events, before the expiration of the
term of office:
Item 3) The removal of the officer, by recall or otherwise.
County Attorney Barker said section 3 was eliminated when lb was approved during the
last election.
Councilman Jemiola said in the event of a conflict of interest, citizens can always submit
a complaint to an ethics commission or any other state regulatory agency.
See Addendums #2 and #3
Discuss Recall Procedures
Councilman Abernathy said recall procedures were approved a month ago, and he made a motion
to correct one item: to change the approval from a basic majority vote to a required three votes in
the affirmative. After further discussion, Counsel Barker said an affirmative vote of three members
only applied to the Board of County Commissioners. Therefore, Councilman Abernathy withdrew
his motion.
See Addendum #5
Budget Meeting Schedule
Councilman Abernathy asked if anyone would be attending the budget meeting September 18?
Everyone said they were busy, so Councilman Abernathy said he would attend.
ADJOURNMENT:
By acclamation, the meeting was adjourned at 7:58 p.m.
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Counci ecretary, Linda Kane
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Weld County Council
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Presentation by Tom Parka
Director,Weld County Department of Planning Services
September 17,2018
Dept. of Planning Seivices
Organization Chart
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Total Employees: 31
Department Planning Services NO111(;I
Two Divisions:
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Planning Services: f H lilll1N
• Planning
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• Zoning
• Floodplain Administration "' - �.
• Oil and Gas
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• Small Business Develoment ? s''— �_.rE.
• Zoning Compliance c t'
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Building Services:
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• Building Inspections 1112 0 EN (‘--7A._.
• Plan Review
• Building Compliance . . yip
Weld County #1 Oil Producing County
with 91% of Colorado's Oil Production in 2017!
ist Quarter 2018 Colorado Oil Production = "°38.1 Million Barrels with "'90% produced in Weld
County ("'34A Million BBLs)
2017 Record HighColorado&Weld Oil Production='130.3 Million BBLS with"'91%
produced in Weld County("'118.4 Million BBLS)
2016 Colorado Oil Production="116.6 Million BBLS with >89%produced in Weld County
("'104.1 Million BBLS)
2015 Oil Production = 122.8 Million BBLS with >89% produced in Weld County (109.5 Million
BBLS).
2014 Oil Production = 95.5 Million BBLS
with"'86% produced in Weld County(81.6 Million BBLS).
Weld County #1 Natural Gas Producing County in Colorado.
2017 Record High Production Year.
ist Quarter 2018 Colorado Natural Gas Production=-437_9 Billion Cubic Ft.
with-41%produced in Weld County(-119.7 Billion Cubic Ft.)
2017 Colorado Natural Gas Production over 1.7 Trillion Cubic Feet
with-40%produced in Weld County(-677 Billion Cubic Feet)and 48%of Conventional Natural Gas
2016 Colorado Gas Production-1.7 Trillion Cubic Ft.
38%Weld County(47%of Conventional Natural Gas)
2015 Colorado Gas Production 1.7 Trillion Cubic Feet
34%Weld County(42% of Conventional Natural Gas)
2014 Colorado Gas Production 1.6 Trillion Cubic Feet
24%Weld County (31%of Conventional Natural Gas)
Total Colorado Gas Production includes both Coal Bed Methane(not produced in Weld)and Conventional Natural Gas from COGCC Production Data.
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Operator
9NAOARKC/IERR MCGEE ONSHORE LLC
ABLE ENERGYINC
v RC ENERGY INC
REAT WESTERN OPERATING COMPANY LLC
NANZA CREEK ENERGY OPERATING COMPANY LLC
LIB CREEK ENERGY
- ' RIZO NIOBRARA LLC
FIFTH CREEK ENERGY OPERATING CORPORATION
DRI LLI NG PERMITS
WELD COUNTY DRILLINGACTIVITY:
2017= 1267{68%of 1857 Colorado well starts)
2016= 731 (76% of 968 Colorado well starts)
2015= 1084(75%of 1437 Colorado well starts)
2014= 1560(70%of 2239 Colorado well starts)
Current Drilling Rids Leased by Company Operating in Weld County:
Anadarko/Kerr McGee = 4
PDC Energy=3
HighPoint= 3
Extraction =3
SRC Energy=2
Noble Energy =2
Crestone Peak=2
Bayswater = 1
Great Western =1
Bonanza Creek=1
Mallard = 1
Small Business Credit
Any business that meets the
eligibility requirements can apply.
98109.4i14
MI MIMIIIMMI
_I 'W„; s:'lli c..l .rlr oo nrd ,, d" bN;f 1- 4 „1—e.t ,',.r
•The subject real property must be located within the County I.ti,.41 ANA.. ,•-•,...,<r
The Weld C,uttl'Ihwl ar .C'nrne.oner. • I•,:.,eu roil ^r" R',. uaro
(the ('Property"). wnln 1T.yn melee IPI.r•hdp M unn h.: r+
•:yaLlai:xll 1'114^•.l'Imo;,�rt:l n.uery •.r ` If
• The business shall hire at least fifty (50) percent of their
new workforce that? reside in Weld County^ diliti r-r'urc rti/r1c..p Ilu;r,M.•Y:T,@ol m,,,
SIOItC a nt a:'I1,1000 p -Ir..uny.a.rvlc-
- n,. pMrlr.'u,.,':s i:u u.•r or_ ,. Ppti sA ru»�I c:t,.:;. I I.
• The applicant must be the record owner(s) of the Property Tll id.duthd Weld CGxl:,u .,..,t —•
x�l&mn.low l.c II).,oan r. '.•'.T c *
will prooRk
or a tenant. Iuitunccat7CC'lLind—.prett d '
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vin.. 1p,>r,' r g .rn t.._.,
t•a'. , 1 l rho ryduaUprnnl }a•;e:::..id
.aplull,Il:18P<:rmllb.l.pa-h toe.... tyN• The business must have been undertaken after the date of PKPCt'•T!I`Iire7lYfternhan Ian M.!,u. ......t4;..-, all NMI
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-.Ilwu.ib•I..:III:I.F,uew,help„'3U K 44..itr"•Au, , �
ibt
the adoption of this policy. Wc:t+pd cboe,ezl st•I _` tit
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-This program shall only apply to businesses with or
fewer employees at the time of application.
LONG RANGE PLANNING
• Zoning Code Updates
• Comp Plan Update
• RAPID (Sub Area Studies)
A4d (i4H
SECTI0N S - SALARY SETTING
t as of November 7, 2016
SALARY SETTING PROCEDURES
The Council sets the salaries for the commissioners, assessor, clerk and recorder, and
sheriff. All are done every four years, with the exception of the commissioners - they are
every two years. ALL SALARIES have to be set for an elected officials ENTIRE TERM
before the officials take office; therefore, Commissioners' salaries have to be set every
two (2) years as the BOCC's terms are staggered.
The goal of the Council has been to have the salaries set before the November election,
so candidates will know how much their salaries are going to be if elected. Therefore,
the council has been voting on salary amounts in August. That is, making a motion to
prepare a resolution stating salary amounts. Then in September, the resolution is
adopted and signed.
The press release in August usually lists that the Council would like to have input at the
meeting regarding salaries. Thee it will state that the council will vote on the salaries at
its September meeting.
The Council thereby leaves a "window" to change salaries if desired in September
(based on feedback as mentioned above or change of minds) and still be able to sign
"tweaked" resolutions at the October meeting and still be within the goal of having
salaries set before the November election.
Some years there has been a big outcry from the public about salaries, and the council
has indeed reset the amounts. Other years there is little public input.
After the resolution is signed, copies are sent to the elected officials and a press release
is sent to the media. A copy is also sent to the Director of Human Resources so they
can set the salaries in the system for January 1 of the appropriate years.
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View the 2017 Colorado Revised Statutes I View Previous Versions of the Colorado Revised
Statutes
2016 Colorado Revised Statutes
Title 18 -- Criminal Code
Article 8 - Offenses - Governmental
Operations
Part 3 - Bribery and Corrupt Influences
§ 18-8-308. Failing to disclose a
conflict of interest
Universal Citation: CO Rev Stat § 18-8-308 (2016)
(1)A public servant commits failing to disclose a conflict of interest if he exercises any
substantial discretionary function in connection with a government contract,purchase,
payment, or other pecuniary transaction without having given seventy-two hours'actual
advance written notice to the secretary of state and to the governing body of the
government which employs the public servant of the existence of a known potential
conflicting interest of the public servant in the transaction with reference to which he is
about to act in his official capacity.
(2)A"potential conflicting interest" exists when the public servant is a director, president,
general manager, or similar executive officer or owns or controls directly or indirectly a
substantial interest in any nongovernmental entity participating in the transaction.
(3) Failing to disclose a conflict of interest is a class 2 misdemeanor.
Disclaimer:These codes may not be the most recent version. Colorado may have more current or
accurate information.We make no warranties or guarantees about the accuracy,completeness,or
adequacy of the information contained on this site or the information linked to on the state site.Please
check official sources.
ittps,//law.justle.corn/codeskolorado/2018/tltte-18/article-8/part-3/section-18-8-308/ 1/2
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Weld County Charter Article XII,County Council
Pursuant to 16-9
(3)Question referred to Council:
In the event a question arises as to the possible conflict of interest between any county officer,
member of an appointed board,or employee,and any enterprise or organization doing business with
Weld County,the question will be presented to the County Council for review,investigation, decision
and resolution. The judgement and decision of the Council shall be considered final and shall be made a
matter of public record.
tetiti 41
Considerations for Setting Salary for Weld County Elected Officials
All demographic information collected from U.S. Census Bureau as of 2016. Salaries taken
directly from respective counties and state website:
http://leg.col orado.gov/sites/default/files/county_salary_2018.pdf
• Weld County is seventh in population among the eight Category I counties; however, it's:
o 1 1/2 times the size in area of the next closest sized county (Larimer).
o It is nearly six times the size of area as each Boulder, Arapahoe, Douglas and
Jefferson Counties.
• According to C.R.S. 30-2-102 salaries for elected officials are set as follows:
o (1.5)(a) For the purpose of establishing the salaries of county officers whose
terms of office begin on or after January 1, 2016: (1)(A) Category I-A counties
consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso,Jefferson,
Larimer, Pueblo, and Weld;
• The Weld Clerk and Recorder currently makes $102,500 compared to her counterparts
below who until January 2018 made $113,490, and as of Jan. 1 make $120,485. Consider
her counter parts manage:
o Adams — 1 office
o Arapahoe 4 offices spread out(805 square miles)
o Boulder—3 offices (740 square miles)
o Douglas—1 office
o El Paso—5 offices but all in Colorado Springs
o Jefferson—2 offices (774 square miles)
o Larimer— 3 vehicle offices, only one of those three services everything
o Pueblo— 1 office
o Weld 4 offices (soon to be 5) two in Greeley (soon to be three), one in Fort
Lupton one in Longmont. (4,017 square miles)
Clerk was not raised appropriately in 2014. The office should be brought to 5115,000 at
minimum beginning 2019 and raised again to align with state levels beginning Jan. 202:1.
That should be deferred compe.nso-ation so that the existing clerk on Jan. 1, 2021 will receive
the additional compensation.
• The Weld County Sheriff currently makes $140,000 compared to his counterparts who
until January 2018 made $144,430, and as of Jan. 1 make $153,332. Consider while he
covers 4,017square miles, his counterparts cover the following area:
o Boulder 740 square miles
o Jefferson 774 square miles
o Arapahoe 805 square miles
o Douglas 843 square miles
o Adams 1,184 square miles
D. Kisker, 9/17/2018
Originally presented in 2017. Has not been updated
■ Larimer NO county manager
• Boulder NO county manager
• Douglas w/county manager
* Pueblo NO county manager
Commissioners should be maintain-xi at current level for 2019.
D. Kisker, 9/17/2018
Originally presented in 2017. Has not been updated
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Weld County Council Article XIII, County Council
Pursuant to Section 16-7
Every elective county office shall become vacant,on the happening of any one of the
following events, before the expiration of the term of office:
(1) The death of the officer.
(2) The resignation of the officer.
(3) The removal of the officer, by recall or otherwise.
(4) The officer ceasing to be a resident of Weld County,or in the case of an officer required to
live in a district, ceasing to be a resident of the district from which elected.
(5) The officer's refusal or neglect to take his oath of office,or renew his official bond,or to
deposit such oath and bond within the time prescribed by law.
(6) The final decision of a competent tribunal,declaring void an officer's election or
appointment.
(7) The final decision of a competent tribunal finding an officer guilty of a crime.
Pursuant to Section 3-15 Vacancies
(1)A vacancy in the office of the County Commissioner shall be filled by appointment by
County Council.
Pursuant to Section 13-8
(3) A vacancy in the Board of County Commissioners shall be filled by appointment by
the Council. Said appointees shall be of the same political party as that of the previous officer,and the
appointment shall be effective for the remainder of the term.
Board of County Commissioners vacancy procedure 08/13/2018
1. Upon notification to the County Council by the county attorney of the final determination of
commissioner office vacancy as pursuant to Section 16-7 of the Weld County Charter.
2. Notification shall be made for applications for a qualified replacement commissioner within
(5) days following the final determination of a vacancy of a commissioner office. Method of notification
shall be determined by the County Council. Notification shall be made requesting applicant resumes to
be delivered to the Weld County Council office in a sealed envelope by a date specified.
3. Within five (5)days following the closing date of application acceptance,two(2)appointed
Weld County Council members shall open and review all applicant resumes. Five resumes shall be
selected from the responding applicants. Applicants must be of the same political party as the former
commissioner that has vacated the office. Determination of political affiliation shall be based on state
requirements of registration deadline for participation in their respective party caucus.
(a) Chosen candidates shall be given a background check by the Weld County Sheriff to
confirm eligibility to hold public office.
4.The President of the Weld County Council shall call a special meeting to convene within three
(3) business days following the selection of the qualified candidate resumes.
5.The Weld County Council shall receive and review each of the five resumes during the special
meeting. A date for interviews of the chosen applicants shall be established at the special meeting.
Resumes of applicants not chosen will be returned to applicants at next meeting or destroyed per
County personnel document standards.
6. Invitations to each of the applicants shall be made by the Secretary of the Weld County
Council for an open interview of each candidate at the next regular County Council meeting.
7. All Weld County Council members shall be in attendance for interviews. In the event of
emergency or excused absence from the meeting by a council member,the interviews shall be re-
scheduled for the next regular scheduled County Council meeting.
8. One applicant shall be selected for the vacancy on the Board of County Commissioners
following completion of interviews. Selection of the candidate shall be made at the end of the meeting
following open discussion of each candidate by the County Council. A roll call vote shall be made for
each vote made during the officer replacement process.
9. Official notification of selection shall be made by the President at the meeting, as well as by
electronic communication to the successful applicant after adjournment of the meeting by the
secretary, but not to exceed 24 hours in duration after meeting adjournment.
10. Applicant shall be sworn in at the earliest available opportunity following notification.
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