HomeMy WebLinkAbout20183219.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
OCTOBER 8, 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, October 8, 2018, 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 Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
12- MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of October 3, 2018, as printed. Commissioner Cozad seconded the motion, and
it carried unanimously.
CR CERTIFICATION OF HEARINGS: Commissioner Freeman moved to approve the Certification of
Hearings conducted on October 3, 2018, as follows: 1) COZ18-0003 — Dean and Valerie Bondeson, 2)
USR18-0058 — George and Lauren Sagner, Jr., JR's Landscaping, LLC, c/o Patricia Sagner, and
3) USR18-0044 — Tricycle Lane Texas, LLC. Commissioner Conway seconded the motion, which carried
unanimously.
Ei AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Cozad seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) CERTIFICATE OF RECOGNITION FOR WORK ABOVE AND BEYOND REGULAR DUTIES —
MERRIE GARNER: Chair Moreno read the certificate recognizing Merrie Garner, Office of Emergency
Mangement, for assisting Costilla County during the Spring Fire disaster June 30, 2018, through
July 5, 2018. Costilla County thanked Ms. Garner for her knowledge and input during the Spring Fire
disaster. Roy Rudisill, Director of the Office of Emergency Management, thanked Ms. Garner for
dedicating her personal time. Each Commissioner expressed their appreciation of the assistance and
Minutes, October 8, 2018
Page 1
2018-3219
BC0016
knowledge she provided to the citizens of Costilla County. Commissioner Conway stated he had a
personal connection with his family who resides in Costilla County and stated with Ms. Garner assisting
them, he was confident his family was in good hands. He stated he remembered during the 2013 Flood,
Costilla County sent employees to help repair the roads destroyed by the flood. (Clerk's Note: The Board
paused the meeting for a photo opportunity.)
• PUBLIC INPUT: Bill Gillard, resident of Greeley, thanked Chair Moreno for elucidating the definition
of harrassment during public input and offered an apology to Commissioners Cozad and Kirkmeyer.
NEW BUSINESS:
El 1) CONSIDER CHANGE ORDER #1 FOR PROXIMITY DOOR SYSTEM UPGRADE (BID
#B1700146) AND AUTHORIZE CHAIR TO SIGN - LONG BUILDING TECHNOLOGIES, INC:
Toby Taylor, Director of the Department of Buildings and Grounds, presented the terms of the change
order for an upgrade to the proximity door system for the Information Technology and Human Services
Buildings for the total amount of $46,635.00. Commissioner Cozad moved to approve said change order,
which was seconded by Commissioner Freeman, and the motion carried unanimously.
• 2) CONSIDER PERMIT APPLICATION AND REPORT OF CHANGES TO CHANGE TRADE NAME
FOR FRITZLER FARMS, INC., FROM FRITZLER CORN MAZE TO FRITZLER FARM PARK AND
AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County Attorney, reviewed the application request
for a Trade Name change from Fritzler Corn Maze to Fritzler Farm Park. He suggested they register the
application with the Colorado Secretary of State. Commissioner Conway moved to approve said trade
name change and authorize the Chair to sign. The motion was seconded by Commissioner Kirkmeyer,
and it carried unanimously.
• 3) CONSIDER CONTRACT ID #2158 CONGESTION MITIGATION AND AIR QUALITY (CMAQ)
GRANT AGREEMENT FOR NORTH FRONT RANGE NATURAL GAS VEHICLE FLEETS AND
AUTHORIZE CHAIR TO SIGN: Everett Bacon, Department of Public Works, presented the agreement
for Fiscal Year 2017 CNG Fleet vehicle program for $162,000.00. Mr. Bacon stated Buy America Waivers
have been issued for the vehicles. Commissioner Kirkmeyer moved to amend the resolution and agenda
to correct "Upper" to "North". The motion, which was seconded by Commissioner Cozad, carried
unanimously. Commissioner Kirkmeyer moved to approve said grant agreement. It was seconded by
Commissioner Cozad, carried unanimously. Commissioner Cozad stated at the North Front Range MPO
meeting, there was discussion about there not being anymore Buy America Waivers, and because of
this, they will no longer be able to use the CMAQ funds to purchase vehicles.
4) CONSIDER STRUCTURE AGREEMENT FOR BETZ BORROW PIT AND AUTHORIZE CHAIR
TO SIGN - SEMA CONSTRUCTION, INC.: Mr. Choate presented the structure agreement to ensure
SEMA Construction, Inc., pays for damages to CR 46, which is located within 200 feet of the Betz Borrow
pit. Commissioner Freeman moved to approve said agreement and authorize Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
El 5) CONSIDER PROPERTY USE AGREEMENT FOR PLANNING COMMISSION I -PAD AND
AUTHORIZE CHAIR TO SIGN - FAY (SKIP) HOLLAND: Commissioner Cozad moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
Minutes, October 8, 2018
Page 2
2018-3219
BC0016
ei 6) CONSIDER APPOINTMENT TO AREA AGENCY ON AGING ADVISORY BOARD:
Commissioner Freeman moved to approve said appointment. The motion, which was seconded by
Commissioner Cozad, carried unanimously.
PLANNING:
1) FINAL 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:
Commissioner Kirkmeyer moved to read Code Ordinance #2018-05 by title only. The motion was
seconded by Commissioner Conway and carried unanimously. Bruce Barker, County Attorney, read the
title for the record. Tom Parko, Director of the Department of Planning Services, stated he submitted the
changes made since the Second Reading. Mr. Parko then reviewed the changes made to the Code
pertaining to pipelines. Commissioner Kirkmeyer stated the best way to get easement information is to
obtain it from public record. Mr. Barker stated not all easements are recorded and there are implied
easements. In response to Commissioner Cozad, Mr. Barker stated typically when required to complete
a search, there are ditch easements that are not recorded. Mr. Parko clarified once all the information is
received from the applicant, it is submitted for the easement permit and the sentence needs to be
changed to "no more than" ten (10) days.
Ryan Seastrom, representative of Colorado Oil and Gas Association (COGA), thanked the Board
for working with the oil and gas industry to consider the concerns raised by the industry and offered his
assistance with any further questions regarding pipelines. In response to Commissioner Conway, Mr.
Seastrom stated COGA has not received any other comments.
la Dennis Hoshiko, resident of Greeley, stated he agreed with streamlining the pipeline permitting
process but is apprehensive with pipelines which will adversely impact private surface owners. He stated
he would like the rules to be fair to all private property owners. He stated Weld County has the authority
to require that the oil and gas company apply for permits to bore pipelines under the public roads. He
stated ditch owners have a legal right to know the location and depth of pipelines under their ditches.
Unfortunately, private property owners do not have the power that the County holds to compel for pipeline
companies to obtain the proper permits before installing the pipelines. Commissioners need to regulate
all Use by Right pipelines to protect the rights of the private property owners. He stated that the
Commissioners have not fully considered the property rights of private owners and stated oil and gas
operators will violate the easements. He stated growing crops is vital for the future of Weld County. Mr.
Hoshiko would like the pipeline companies to notify and honor the rights of property owners before being
granted permits to construct pipelines across farmlands which should apply to all non -Use by Right
pipelines. Chair Moreno thanked Mr. Hoshiko for his comments and participating in the LAP process.
In response to Commissioner Conway, Mr. Hoshiko clarified the pipeline representative at the last
hearing, stated all corporately organized ditch companies' easements are owned in fee or owned by the
ditch company which is incorrect. There were also other statements the industry representative made
which were also incorrect. He stated the easements were granted or deeded for ditch purposes and there
are fee -owned easements which are rare. He stated there are also implied easements where the owners
just allowed their neighbors to use it, but they are not recorded. Additionally, there are condemned
easements and prescriptive easements, which exist for at least eighteen years. He explained he would
like the pipeline operators to find and notify the ditch owners and authorize an Agent to negotiate with
the companies and ditch owners.
Minutes, October 8, 2018
Page 3
2018-3219
BC0016
In response to Commissioner Cozad, Mr. Hoshiko explained which easements are recorded. He
stated the Water Courts decreed the water rights, regarding the South Platte River, to be used on
specifically defined lands. He reiterated the pipeline industry representatives should be able to research
and notify the landowners. Mr. Parko explained the Department of Planning Services will receive a
statement from the oil and gas pipeline applicant showing they have researched the area and practiced
a good faith negotiation with contract landowners and ditch companies. Commissioner Cozad clarified
the applicant will need the easements or rights -of -way documentation or a statement.
Commissioner Kirkmeyer explained not all easements and rights -of -way are public record; for
example, if the land is divided by a divorce decree. Mr. Parko stated the LAP process will clarify the
recording of pipelines and mitigate conflicts with ditch companies. Mr. Hoshiko stated there is incomplete
information and he would like private property owners' rights protected from the pipeline companies. He
expressed concern that if the Code Ordinance is passed the way it is written, the companies will not work
with private property owners.
El In response to Commissioner Conway, Mr. Barker agreed with Mr. Hoshiko and stated there are
ditch easements that have been created and not recorded. He stated when a pipeline crosses a ditch the
company needs to work with the affected ditch owner. He suggested adding to Paragraph B, "or a
statement that the applicant is currently in good faith negotiations with the surface owners of the
properties" and delete the words "irrigation ditch companies and/or" and "insert owners of irrigation
ditches including, but not limited to, owners of affected irrigation ditch easements of record, to be crossed
by the pipeline." Mr. Hoshiko stated he does not agree with the ditch of record because most ditch
easements are not public record. Mr. Barker stated he has concerns with ditch easements, or ditch of
record, and if the focus is solely on easements, there could be unintended consequences. Mr. Barker
stated the easements will need to be checked by the pipeline companies.
El Jason Maxey, Department of Planning Services, he stated in Section 23-2-1140 concerning
mapping requirements, it includes all irrigation ditches and the company needs to provide a statement
showing they have worked with the ditch owners and it can be a cross check that staff uses. Mr. Maxey
stated stipulating the mapping company will need to show all ditches. Commissioner Kirkmeyer
suggested a language change in paragraphs B and C.10 to "include any and all ditches" and identify all
the ditches. In response to Commissioner Kirkmeyer, Mr. Barker stated any conflicts arising from
pipelines crossing irrigation ditches should be mitigated.
el Mr. Hoshiko stated there are irrigation ditches that are located on irrigated farmland and ditches
which are conveying water to other parties which are not the landowner where the ditch exists. He stated
it should be important to include all sizes and all types of pipelines crossing a ditch. He stated some of
the pipeline companies are wanting a 100 -foot easement, which is double the width of a County road.
Ei Patrick Groom, attorney for various pipeline companies, explained he thinks having "of record" is
important in the Code, and the Statement of Authority will provide information to oil and gas operators as
to the owner and parties involved. This document is evidence that ensures the industry is negotiating with
a property owner.
In response to Commissioner Cozad, Mr. Groom stated the recorded Statement of Authority would
make it mandatory to contact all parties involved in the ditch easements. He stated he has no objections
to identifying ditch easements on the map.
Minutes, October 8, 2018
Page 4
2018-3219
BC0016
Commissioner Freeman suggested clarification of irrigation ditches Transporting water.
Commissioner Kirkmeyer stated in paragraph B the ditches need to be mapped out by the surface owner,
but during the application submittal they need to show all ditches or there will need to be a Statement of
Authority. Commissioner Cozad stated a surveyor will need to identify certain elements, but they may not
identify all the ditches. Mr. Groom stated paragraph B is stating there needs to be documentation showing
good faith negotiations with the owners of the irrigation ditch.
kEl Hunter Hoshiko, resident of Greeley, stated it doesn't matter about the size of the ditch, what the
ditch is being used for, or the size of roads. The process to obtain the required permits is still the same.
He stated the size of the pipeline will still have the same impact on the properties. He explained the
easement will not be built on or used in any manner.
• Commissioner Kirkmeyer referred to Section 23-2-1130.B and stated she would like the language
in paragraph C.10 to be consistent with the language in 1140.d and include the language "any irrigation
ditch". Commissioner Freeman stated he does not agree with removing "of record" which is actually
transport water from one place to another for others to use. Mr. Barker stated he is trying to avoid future
conflicts with a ditch owner when dealing with ditch owner "easement of record." Commissioner
Kirkmeyer presented the amended language as follows: a Statement how the applicant will mitigate any
conflicts with affected irrigation ditch companies, irrigation ditch easements owners of record, and with
any mutual irrigation ditches and/or structures used to transport water." Mr. Barker stated there may be
conflicts with companies saying they only must deal with easements of record. He suggested he put how
many irrigation ditches have a statement of authority associated with them. Commissioner Freeman
stated there needs to be language regarding irrigation ditches that are used by more than one property
owner that are used to transport water. Mr. Barker suggested using the language"used to transport water
between separate properties." Commissioner Kirkmeyer moved to amend Section 23-2-1130. C.10 to
delete "with irrigation ditch companies and/or affected irrigation ditch easement owners of record" and
insert "with any mutual irrigation ditch and/or structures used to transport water." The motion, which was
seconded by Commissioner Freeman, carried unanimously.
• Commissioner Kirkmeyer referred to Section 23-2-110.K regarding easements that have been
obtained beginning October 1, 2018, shall be located outside the existing road right-of-way and any
easement obtained after October 1, 2018, will be moved at the expense of the operator. Dawn Anderson,
Department of Public Works, explained staff is preparing revisions which would recognize the future right-
of-way (ROW), but currently in the USR development standards they must be outside the future ROW.
Commissioner Freeman stated it makes sense not to construct anything in the future ROW. He stated
pipelines will infringe on agricultural land and he would like the operators to move the pipeline at their
own expense. Commissioner Kirkmeyer stated all the USRs applied for aren't required to have the
pipeline moved at their own cost. Commissioner Cozad stated from October 1st moving forward, the
future ROW will be covered. Ms. Anderson stated the County has reimbursed pipeline companies as part
of the acquisition process.
• Commissioner Kirkmeyer stated the LAP process was supposed to be completed four (4) months
earlier and there are a few companies waiting to go through the LAP process once the ordinance is
complete. She inquired how many outstanding USR applications there are, how many qualify for the LAP
process, and of those applications what will be the cost to the County. Commissioner Conway stated the
Board agreed on the proposed start date of October 1, 2018. Commissioner Kirkmeyer clarified there
wasn't a confirmed date or specific language. Commissioner Cozad clarified the Departments of Public
Works and Planning Services are not aware of the amount of the USR applications waiting for the LAP
process.
Minutes, October 8, 2018
Page 5
2018-3219
BC0016
Commissioner Conway stated the industry wanted clarification on the timing, so they could decide
on how to proceed. Mr. Parko presented the language in a recent USR application stating the pipeline
will not be in a future ROW.
• Commissioner Cozad thanked the stakeholders for participating in the process. She stated with the
new rules there are more pipelines included since they deleted the hoop stress. She stated there have
been more provisions which were created based on comments received from the stakeholders. She
stated if the pipelines companies cannot demonstrate they have made a good faith effort, they will have
to appear before the Board. She stated this is a land use process and the pipelines are regulated to
protect the health and welfare of Weld County citizens; therefore, she is supportive of the comments
made. Commissioner Freeman stated he agrees with the comments made and he agrees this process is
an improvement from the previous process. Commissioner Conway thanked Mr. Hoshiko for participating
in the modification of the Code and suggesting improvements.
• Commissioner Kirkmeyer stated she supports the changes made to the Code and this process was
started over six (6) years ago. She agreed with Mr. Hoshiko, stating the pipeline industry has not treated
some property owners fairly or appopriately. She explained this Code ordinance was presented to
establish an Administrative process for more efficiency. She believes it is important to protect the surface
owners' rights, so, if any issue comes up, it will come back to the Board.
Chair Moreno agreed with the comments made regarding Ordinance #2018-05. He expressed his
appreciation to the stakeholders for offering their suggestions and to the staff who worked with the
stakeholders to get the Ordinance moved forward to finalization.
• Commissioner Cozad moved to approve on Final Reading. The motion which was seconded by
Commissioner Conway, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2018-05 was approved on Final Reading.
Minutes, October 8, 2018
Page 6
2018-3219
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 11:28 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddrA64) ;eA
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Seam Cnway
-�S
Stele Moreno, Chair
o-Tem�
sir
. Cozad
Mike Freeman
Minutes, October 8, 2018
Page 7
2018-3219
BC0016
ATTENDANCE LIST
lb/ POI
NAME - PLEASE
PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
0I►I CiLL 4z
wd-j),...(2.—,0 .� 1.1,.
vi
Y
14--S ss 6>- -
7 ' 1dr►-�e,.-,
r1n�e
Lcn �,v��"1"
2o ., ► eadaJ'J 1rCd -� a
c s�,
ec sce:,
Gt rld.r�., ��rom• ,cs,cv�,
1 c� d
&I
�J C,�r.:se ,
7- 3(
3 3i0S CK ree��� d
Pies Cc, ---
e je(ol
/117te
YA,,,\ Sec,-Sfeivil
1' %e� „w
I . I ,.Cow,
/6
J \ lea-
3r iia,N GntcV a
ai k .4--,,,„.,„,,,,i
�_
A/
k c :�Q 12 e
J<, c --Tv"
11 i c� . L��-� t y kIr jli - col,
1
&1
,;is 14esLk -0
(5I1 3s -t vc- G (
c(I,.SL; ° ycdurD.
I,Je (d
‘.."---RFPz.ca-5
z...-1xs1...ta„ 4,1. G.tc , w
'za,:e..a5,rs 14 e 5 -.: t. c-> ..•.
x �w
n1. o
.' Lt.. -c., 4,....9SZ5et&
/3 4ez F'.'‘.2. 11121- L '6CC2
j 06; -s t..(15
J Lk
,e)
1 0TH .-'
c/r7i ce-•q/ /a4,
h y4 -10--- oe___ .(ce-
irod-cvori\iit)civ,tCAl
(
/UT/
v -
Hello