HomeMy WebLinkAbout20172815.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 16, 2017
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, August 16, 2017, 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 Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P, Conway - EXCUSED
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
la MINUTES: Commissioner pp Kirkmeyer moved to approve the minutes of the Board of County
y
Commissioners meeting of August 14, 2017, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
[. AMENDMENTS TO AGENDA: There were no amendments to the agenda,
z '-- CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PRESENTATIONS:
1 RECOGNITION OF SERVICES,DEPARTMENT OF INFORMATION TECHNOLOGY -- SUSAN
QUICK: Chair Cozad read the certificate for the record recognizing Ms. Quick's dedicated service to the
Weld County citizens. Ryan Rose, Director of the Department of Information Technology, thanked
Ms. Quick for her dedication to the improvement of the County phone system and presented her with a
plaque and a pin Each one of the Commissioners expressed their gratitude to Ms. Quick for her
outstanding hands-on approach to the phone service solutions and told her to enjoy her retirement and
her family. They told her it was an honor to work with Ms. Quick and thanked her for the standards she
set for the employees of Weld County. (Clerk's Note: The meeting was paused for a photo opportunity.)
PUBLIC INPUT: Steve Teets, resident of Greeley, presented his opionin concerning the County
Council ballot issue. He stated he feels the people should be allowed to vote on the issue of disbanding
the County Council,
ctoLiiaoisi
Minutes, August 16, 2017
Page 1
2017-2815
B OO16
an- Eric Ewing,resident of La Salle, stated he has concerns with the DP Midstream, LP, processing
plant that is adjacent to his property. He submitted a Air Polllution Advisory as Exhibit "A", He expressed
his frustration with the operation of the facility and stated he would like the Commissioners to take action.
12-= COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer stated she has been
working with the Colorado Department of Human Services on the Colorado Works Memorandum of
Understanding. She attended a meeting with the Child Welfare Allocation Committee.
Commissioner Moreno reported he attended the funeral of former Weld County Cornmissoner, Mike Gile
and he passed along colendancs to his family. He attended the Northern Colorado Energy Association
luncheon. Lastly, he stated he attended Milliken's Bean Day with Commissioner Cozad. Chair Cozad
thanked Commissioner Kirkmeyer for her hard work and dedication to Weld County and its citizen's. She
attended two events with the Upstate Economic Development and Northern Colorado Economic Alliance
on Thursday. Lastly, she went to the West Greeley Soil Conservation at Houston Gardens. She extened
her thanks to both Commissioner Moreno and Freeman for attending the Milliken Beef and Bean Day.
She reported the City of Evans is involved in a two (2) month project along 35th Avenue and 49th Street,
and will impact Weld County residents and reported the Week of Remberance is occuring in the Town of
Firestone. Commissioner Kirkmeyer added she attended the Southeast Weld County Fair.
Barb Connolly, Controller, introduced two (2) new employees, Jessie Pacheco as the new
accountant and Rob Turf, as the new Purchasing Manager. Ms. Pacheco introduced herself and stated
she is happy to be at the County.
Rob Turf, Purchasing Department, introduced himself and presented details of his background. The
Board welcomed Mr. Turf and Ms. Pacheco to Weld County.
BIDS:
[51-=-11 1) PRESENT BID #B1700123, NON-DESTRUCTIVE PAVEMENT TESTING - DEPARTMENT OF
PUBLIC WORKS: Ms. Connolly presented the two (2) bids received and stated staff will bring back a
recommendation on August 30, 2017.
NEW BUSINESS:
L 1) CONSIDER CONTRACT ID #1281 MEMORANDUM OF UNDERSTANDING FOR MEDICAID
INTAKE SPECIALIST AND AUTHORIZE CHAIR TO SIGN — NORTH COLORADO HEALTH ALLIANCE:
Judy Griego, Director of the Department of Human Services, reviewed the terms of the memorandum of
understanding which will allow the Department to work collaboratively with North Colorado Health
Alliance. Commissioner Freeman moved to approve said memorandum of understanding and authorize
Chair to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
2) CONSIDER CONTRACT ID ##1317, 2017-2013 PLAN FOR CORE SERVICES PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Ms. Griego presented the details of the second year of the three (3) year
plan and stated the Department has been allocated the amount of $3,099,825,00 for the year 2017-2013.
Commissioner Kirkmeyer moved to approve said plan and authorize the Chair to sign. The motion was
seconded by Commissioner Moreno, and it carried unanimously.
3) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES FOR INFORMAL BID #B1700119
FOR CAMERA UPGRADE (ALTERNATIVE PROGRAMS BUILDING) AND AUTHORIZE CHAIR TO
SIGN — PIPER COMMUNICATIONS SERVICES, INC: Toby Taylor, Director of the Department of
Buildings and Grounds, stated the informal bid is to replace cameras at the Alternative Programs Building,
Minutes, August 16, 2017
Page 2
2017-2815
BCOa 16
He stated the low bid is from Piper Communication Services. Commissioner Moreno moved to approve
said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Freeman, carried unanimously.
4) CONSIDER LICENSE AGREEMENT FOR USE OF PLAZA AREA (822 7TH STREET) AND
AUTHORIZE CHAIR TO SIGN — DOWNTOWN DEVELOPMENT AUTHORITY: Mr. Taylor stated the
agreement is for the use of the Plaza Area at 822 7th Street on August 26, 2017, for an event.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Freeman and it carried unanimously.
EM CONSIDER LICENSE AGREEMENT FOR USE OF WELD COUNTY PROPERTY AND
AUTHORIZE CHAIR TO SIGN — VINEYARD CHRISTIAN FELLOWSHIP: Mr. Taylor stated the request
is from Vineyard Christian Fellowship and Supernatural Worship Center whom are hosting an event and
would like to use the parking lot at 9th Avenue and 10th Street to accomadate the needs of the event.
Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign. Seconded
by Commissioner Freeman, the motion carried unanimously.
vi CONSIDER AGREEMENT TO CONTRIBUTE FOR SOUTH PLATTE RIVER IMPROVEMENTS
AND AUTHORIZE CHAIR TO SIGN — MIDDLE SOUTH PLATTE RIVER ALLIANCE: Don Warden,
Director of Finance and Administration, stated the agreement is with South Platte River Alliance for a
bridge on State Highway 60, which was damaged during the 2013 Flood, to mimimize the bank erosion
and re-route the river and work with the State. He reported the Board committed $73,000.00 as their part
of the contribution and the grant amount is $61,589.29. Mr. Warden explained the State would like the
Commissioners to contribute toward the irrigation costs to establish vegetation. Commissioner Moreno
moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously. Chair Cozad stated there was a lot of damage from the
2013 Flood and a lot of groups were formed to help minimize the impact if there were to be another flood
in the future.
L. CONSIDER TEMPORARY CLOSURE OF CR 74 WEST OF STATE HIGHWAY 392: Janet
Lundquist, Department of Public Works, presented the closure effective August 21, 2107, through
September 15, 017. She stated there will be one additional project closure coming up to finish up some
work on the Crow Creek Crossing. Commissioner Kirkmeyer moved to approve said closure. The motion,
which was seconded by Commissioner Moreno, carried unanimously.
H Each one of the Commissioners wished Ms. Lundquist lots of luck with her new endeavor and
expressed their appreciation to Ms. Lundquist for all her work she contributed to the County over the past
nine (9) years.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, August 16, 2017
Page 3
2017-2815
BC0016
There being no further business, this meeting was adjourned at 9:56 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Lid •.e.
Weld County Clerk to the Board
BY:
U
0.0
aty Clerk to the Board
Ju �� a Cozad, Chair
EXCUSED DATE OF APPROVAL
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
r:(1
Niltie Freeman
tiratc_.
Barbara Kirkmeyer
•
Minutes, August 16, 2017
Page 4
2017-2815
E001 G
j
epart a rt of u lic
�Environment
ealth
AIR POLLUTION CONTROL DIVISION
COMPLIANCE ADVISORY
CASE NO. 2017-75
AIRS NO. 123/0090
INSPECTION DATE: Sept. 23, 2016
U.S. CERTIFIED MAIL NO. 7016 2710 0000 3004 2517
MAILING DATE: July 5, 2017
SOURCE CONTACT: Patricia Grajeda de Babb
IN THE MATTER OF DCP Midstream, LP
This Compliance Advisory provides formal notice, pursuant to § 25-7-115(2),
C.R.S., of alleged violations or noncompliance discovered during the Air Pollution
Control Division's ("Division") inspection and/or review of records related to DCP's
Facility identified below. The Division is commencing this action because it has cause
to believe that the compliance issues identified below may constitute violations of
the Colorado Air Pollution prevention and Control Act ("the Act") and its
implementing regulations.
Please be aware that you are responsible for complying with applicable State
air pollution requirements and that there are substantial penalties for failing to do so.
Pursuant to the enforcement authority provided the Division by 5 25-7-115, C.R.S.,
any person who violates the Act, its implementing regulations or any permit issued
thereunder may be issued an order for compliance that can include permit revocation
and assessment of penalties of up to $15,000 per day of such violation in accordance
with 5 25-7-122, C.R.S. The issuance of this Compliance Advisory does not in any way
limit or preclude the Division from pursuing additional enforcement options
concerning this inspection /review. Also, this Compliance Advisory does not constitute
a bar to enforcement action for violations not specifically addressed in this
Compliance Advisory.
Failure to respond to this Compliance Advisory by the date indicated at the end
of this Compliance Advisory may be considered by the Division in the subsequent
COLORADO
enforcement action and the assessment of penalties. Furthermore, the Division's
enforcement process contemplates a full and final resolution of the compliance issues
herein addressed, and those that may result from further review, in a timely manner.
If at any time throughout the process of reaching such a resolution the Division
determines that the Parties cannot agree to the dispositive facts, compliance
requirements and/or penalty assessments (if any) associated with this Compliance
Advisory, or a resultant enforcement action, the Division may exercise its full
enforcement authority allowed under the law.
DCP ► idstream, LP ("DCP") owns and operates the Mewbourri Natural Gas
Processing Plant Located in 35409 Weld County Road 18 in We&d County, Colorado
("Facility"). The Facility and the following equipment are subject to the terms and
conditions of Colorado Air Quality control Statutes; Colorado Air Quality Control
Commission ("AQCC") Regulations; and the Compliance Order on Consent in Case No.
2015-073, effective June 21, 2016 ("COC"), entered into between the Division and
DCP.
The following equipment is subject to Permit Number D9 f E1136, Issuance 2,
issued to DCP on June 28, 2012 ("Permit Number 09WE1136 Issuance 2"):
Equipment
Facility
ID
AIRS
Point
Point
Description
101
C-211
Caterpillar,
Model
G379NA,
SN:
72B641,
330 HP
RICE
102
C-167
Waukesha,
Model
L7044GS1,
SN:
03852-1,
1,680
HP
RICE
103
C-179
Waukesha,
Model
L7042GS1,
SN:
240410,
1,478
HP
RICE
104
C-129
Waukesha,
Model
L7042 GU,
SN:
286822,
896
HP
RICE
105
C-134
1 Waukesha,
1
Model
L7042GU,
SN:
285300, 896
HP
RICE
106
C-130
Waukesha,
Model
L7042G5I,
SN:
339839, 1,478
HP
RICE
107
c-131
Waukesha,
Model
L7042GSI,
SN:
397541,
1,478
HP
RICE
108
F017
Facility
Equipment
Leaks
109
LO
Condensate loadout
110
TANKS
Four (4) tanks
for storage of stabilized
natural gas condensate
111
C0170
Solar,
turbine
Model
Taurus 60, SN:
TC10559, natural
gas
fired
combustion
112
c1
Solar,
turbine
Model
Taurus
60,
SN:
TC10560,
natural gas fired
combustion
AVM" COLORADO
In.LY
Au FotRUtior5 Coniro7 Division
Equipment
Facility
iD
Point
Description
AIRS
Point
113
C250
Caterpillar,
Modef
G36o8TALE,
SN:
BEN00563,
2,370
HP
RICE
114
C251
Caterpillar,
Model
G36USTALE,
SN:
BENOO565,
2,370
HP
RICE
115
C252
Caterpillar,
Model
G3Go8TALE,
SN.
BENOO567,
2,370
HP
RICE
116
C253
Caterpillar, Model
C 3Go8TALE,
SN:
BENOO572,
2,370
HP
RICE
117
C254
Caterpillar,
Model
C36O8TALE,
SN:
BENoo571,
2,370
HP
RICE
118
G1650
Solar,
turbine
Model
Taurus 70, SN:
TG09548,
natural gas
fired
combustion
119
1X70
Solar,
turbine
Model
Taurus 70, S
N
: TG09
549, natural
gas fired
combustion
120sweetening
A
��1
Precision
Pipe
system
a Vessel,
LLC,
Model
T502,
SN:
2381-9089
Natural
gas
121
h1776
Optimized
Process
Furnace,
Inc.,
Model.
200, SN:
,J091036,
natural gas
fired
amine regeneration reboiler
122
-931
Exterran, SN:
system
8907, Triethylene
glycol
(TEG)
Natural
gas dehydration
123
H771
Two
heaters.
used
(2)
as a
Devco,
Only
backup.
one
Model
heater
HeliFlow,
to
be operated
SN:
3431-3,
natural
at a time,
the
gas fired
other
hot oil
is to
be
124
TE�7o1
Anguil Environmental
regenerative thermal
Services, Inc.,
oxidizer
Model
200, SN;
14808,
Permit Number O9WE 1136, Issuance 3, was issued to DCP Midstream, LP on October
21, 2016.
I. ALLEGED VIOLATIONS AND FACTS
on September 23, 2016, Stephen Riley, of the Division, inspected the Facility.
Based on Mr. Riley's inspection, and a review of records related to the Facility, the
Division has identified the following compliance issues:
A. Pursuant to Permit Number D9 E1136 Issuance 2, Condition 5, DCP is
required to limit emissions from AIRS Point 108 (fugitive emissions,
F017) to 31.73 tons per year (tpy) of VOC on a rolling 12 -month basis.
DCP exceeded the annual VOC emission limit, for AIRS Point 108 for
the rolling 12 -month periods ending June 2015 through August 2016,
as follows:
\f,; i COLORADO
r Air pollution CorrilrotDlvIalon
month
Rotting
ending
period
12-
Reported
tpy
Jun
-15
42.35
Jul
-15
42.39
Aug
-15
_..as
42'
.43
Sep
-15
'
2 47
Oct -15
42.51
Nov
-15
42.53
Dec -15
42.51
Jan
-16
42.49
42.59
Feb -16
Mar -16
42.57
Apr
-16
42.55
42.53
May -16
Jun -16
42420
Jul -16
41.87
Aug -16
41.54
DCP exceeded the annua t VOC emission li miti for AIRS Point 108 for
the rolling 12 -month periods ending June 2015 through August 2016,
in violation of Permit Number 09WE1136, Condition 5.1
B. Pursuant to Permit Number 09WE1136 Issuance 2, Condition 33, DCP
must demonstrate compliance with the requirements of this permit by
following the operating and maintenance (OEM) plan and record
keeping format approved by the Division. The approved OEtM plan for
AIRS Point 102 (engine C-167) states that DCP shall establish the
catalyst differential pressure (dP) baseline during each initial
compliance and portable analyzer test. DCP must monitor and record
the catalyst dP monthly and must maintain catalyst dP within (plus or
minus) 2 inches of water column from the baseline. DCP failed to
maintain catalyst dP within (plus or minus) 2 inches of water column
from the baseline for AIRS Point 102 for the months of November
2015, December 2015, and January 2016, in violation of Permit
Number 09WE1136, Condition 33.
C. Pursuant to Permit Number 09WE1136, Condition 33, DCP must
demonstrate compliance with the requirements of this permit by
following the OEM plan and record keeping format approved by the
Division. The approved OEM plan for AIRS Point 110 (TANKS) states
that the thief hatch seats shalt be inspected for integrity annually and
1 DCP submitted an APEN to the Division on July 27, 2015 requesting an increase to the annual
permitted emission limit for AIRS Point 108 from 31.73 tpy to 50.79 tpy of VOL Issuance 3 of Permit
Number 09WE1136 with the increased annual emission Limit for AIRS Point 108 of 50.8 tpy of voc was
issued to DCP on October 21, 2016.
COLORADO
1iz P4 h.Jtinn euntrcl Division
replaced as necessary; pressure relief valves (PRV) shall be inspected
annually for proper operation and replaced as necessary; and PRVs
shall be set to release at a pressure that will ensure flashing, working
and breathing losses (as applicable) are routed to the control device
u nder normal operating conditions. DCP failed to perform an
inspection on the thief hatch seals and PRVs during 2015, in violation
o f Permit Number 09WE1136, Condition 33. During the inspection on
September 23, 2016, emissions were observed with an IR camera from
the PRVs on two of the four tanks, demonstrating that DCP failed fto
e nsure that PRVs were set to release at a pressure that ensured
flashing, working and breathing losses were routed to the control
device under normal operating conditions, in violation of Permit
Number O9WE1136, Condition 33.
D. Pursuant to COC Paragraph 13, repairs shall be completed on the
seven (7) components remaining on Delay of Repair no later than the
n ext process unit shutdown before the end of 2016. DCP completed
repairs on the seven (7) components remaining on Delay of Repair on
December 28, 2016. However, a process unit shutdown on all units
occurred from September 12 to September 15, 2016. DCP failed to
repair the seven (7) components remaining on Delay of Repair no later
than the next process unit shutdown, in violation of COC Paragraph
13.
Pursuant to COC Paragraph 14, DCP was required to complete any
necessary repairs to ensure the PRVs on the condensate storage tanks
are operated to ensure flashing working and breathing losses (as
applicable) are routed to the control device under normal operating
conditions by September 19, 2016. Venting was observed/during the
inspection on September 23, 2016, demonstrating that DCP failed to
make necessary repairs by September 19, 2016, in violation of C O C
Paragraph 14.
DCP repaired the PRVs on September 26, 2016.
It is important to resolve the above -referenced issues as soon as possible.
Therefore, the Division encourages DCP to immediately identify those compliance
issues that are not in dispute and to rectify those issues before the upcoming
Compliance Advisory meeting. In accordance with 5 25-7-115(3)(a), C.R.S. , the
Compliance Advisory meeting will be held within thirty (30) days of the Division's
issuance of the Compliance Advisory in this matter. The Division also requests that
DCP provide the Division with a brief written response to the alleged violations
("Source Response"). The Source Response should identify the undisputed compliance
issues and, if an alleged violation is disputed, the basis for the dispute. The Division
requests that DCP provide the Source Response, to the attention of Stephen Riley, no
;l7 COLORADO
A1r S olluii0!% Control Pi -vision
later than ten business days before the Compliance Advisory meeting. At the
upcoming meeting, the Division will confirm the actions taken to rectify the
undisputed compliance issues and proceed with unresolved matters as outlined below.
If you have any questions regarding this Compliance Advisory, the Division's
enforcement processes, or any related issues, please refer to the APCD Enforcement
Manuak located at https:// ww.colorado, ,ov/pacific/sites/default/filcs/AP-
Enf _ rcer entandicomplianceGuide.pdf and/or contact the Division personnel identified
below.
II. COMPLIANCE ADVISORY MEETING
DCP is requested to contact the Division and schedule a meeting to:
Discuss the disputed Compliance Advisory issues and answer any
remaining questions you may have;
Submit information necessary to successfully show that the
deficiencies and noncompliance issues (or any portion of them)
are not violations of Colorado's air pollution laws; and
Establish a mutually acceptable schedule and guidelines for the
full and final resolution, of any remaining deficiencies and
noncompliance issues in a timely manner.
Please contact the compliance officer identified below by no later than July 13,
2017 to schedule a meeting with the Division to discuss the Compliance
Advisory. The Division currently anticipates that the meeting will take place
during the week of July 24,E 2017. 9
Lydia_Jordan, Enforcement Advisor (303-692-3399)
cc: Shannon McMillan, APCD
Jennie Morse, APCD
Chris Laplante, APCD
Arch Crouse, APCD
Michael Stovern, rn, EPA (Region VIII)
Stephen Riley, APCD
Jen Mattox, APCD
Heather Wuollet, APCD
Tom Roan, Attorney General's Office
File
COLORADO
Air Po11ullan Cnnlrol Division
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