HomeMy WebLinkAbout20172961RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 28, 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 28, 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-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce Barker
Clerk to the Board, Esther Gesick
Deputy Clerk to the Board, Chloe Rempel
Controller, Barbara Connolly
MINUTES: Commissioner Freeman moved to approve the minutes of the Board of County
Commissioners meeting of August 23, 2017, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on August 23, 2017, as follows: 1) USR17-0018 — Amerin Family Trust, do Harold
and Linda Amerin, Jr. Commissioner Freeman seconded the motion, which carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: Maydean Worley, County resident, spoke concerning dangerous oil and gas
practices and the failure of local governments to ensure protections for the public. She stated new rules
won't protect the public from the damage which has already been done. Lloyd Worley, County
resident, read Section I Findings from the Climate Bill of Rights and Protections for the record, marked
Public Input Exhibit A. a Anne Curry, County resident, read Section II and requested the Board include
said Climate Bill of Rights on the November ballot. a Kristina Bain, County resident, read Section III
10(5/17
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of the bill. a At the request of Commissioner Kirkmeyer, County Attorney, Bruce Barker, presented
information about the ballot initiative process.
El Eric Ewing, County resident, submitted a letter with attachments, marked Public Input Exhibit B,
regarding air pollution from the Mewbourn Gas Processing Plant operated by DCP Midstream, LP.
Commissioner Kirkmeyer confirmed his letter was forwarded to the Departments of Planning Services
and Public Health and Environment.
OLD BUSINESS:
1) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY)
RETAIL LICENSE ISSUED TO ANA M. LUCERO, DBA POLLO FELIZ, AND AUTHORIZE CHAIR TO
SIGN (CONT'D FROM 8/7/2017): Frank Haug, Assistant County Attorney, presented the renewal
application and noted the State issued a 10 -day active suspension, with 20 days suspended upon the
condition that they come into compliance. Chair Cozad confirmed the licensee was not present to speak.
Mr. Haug explained the licensee allowed the license to lapse on May 30, 2017; however, they continued
to buy and sell alcohol without the proper permits. He further explained the Board's options to renew,
deny or continue the matter. In response to Commissioner Conway, Mr. Haug stated the punishment
from the State will only go into effect if the local license is renewed, thus allowing penalty of the newly
issued license. He noted the Board could also consider a requirement that all employees complete
responsible vendor training. Responding to Chair Cozad, Mr. Haug stated it is the licensee's
responsibility to be aware of their license status; however, they did cease selling once they were notified
by the county of the lapse in licensure. In response to Commissioner Kirkmeyer, Mr. Haug stated he
believes probable cause exists that they violated the terms of their license and Section 12-2-40.A of the
Weld County Code. There was no public testimony concerning this matter. Following discussion
concerning the Probable Cause/Show Cause processes, Commissioner Freeman stated he would like to
renew the license and let the State penalize them. Commissioners Conway and Moreno agreed.
Commissioner Kirkmeyer moved to amend the resolution to require the applicant comply with the
Suspension order issued by the State, for allowing their license to lapse and still buying and selling
alcohol. The motion was seconded by Commissioner Conway, and it carried unanimously.
Commissioner Kirkmeyer moved to approve the amended Resolution, conditionally granting said license
renewal, and authorize the Chair to sign. The motion, which was seconded by Commissioner Conway,
carried unanimously.
NEW BUSINESS:
El 1) CONSIDER LETTER OF AGREEMENT FOR CONDUCT OF AN INTEGRATED EMERGENCY
MANAGEMENT COURSE AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Director of the Office of
Emergency Management, presented an agreement to start planning for a training course offered by the
Federal Emergency Management Agency (FEMA), but hosted in the Weld County Emergency Operations
Center (EOC) internal to the Administration Building. In response to Chair Cozad, Mr. Rudisill confirmed
the training would be similar to the prior exercise, spanning four days with actual scenario drills.
Commissioner Moreno moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
2) CONSIDER CONTRACT ID #1372 AGREEMENT FOR EMERGENCY MANAGEMENT
PERFORMANCE GRANT AND AUTHORIZE CHAIR TO SIGN: Mr. Rudisill presented the grant contract,
in the amount of $65,000.00, which is an increase of $10,000.00 over last year. He stated the funds are
obtained through reimbursement requests throughout the year, which help facilitate the OEM program.
Commissioner Conway moved to approve said contract and authorize the Chair to sign. Seconded by
Commissioner Freeman, the motion carried unanimously.
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• 3) CONSIDER TWELFTH AMENDMENT TO OFFICE LEASE AGREEMENT (822 7TH STREET,
GREELEY, CO) AND AUTHORIZE CHAIR TO SIGN -ANIMAL HEALTH INTERNATIONAL, INC.: Toby
Taylor, Director of the Department of Buildings and Grounds, presented the terms of the amended
two-year lease, with an optional three-year extension and a three percent comsumer price index for each
subsequent year. Commissioner Freeman moved to approve said amendment and authorize the Chair
to sign. Commissioner Conway seconded the motion and thanked Mr. Taylor for his work, which also
helps keep jobs in Greeley and Weld County. There being no further discussion, the motion carried
unanimously.
• 4) CONSIDER CONTRACT ID #1378 CHANGE ORDER #1 FOR CR 47 AND STATE
HIGHWAY 392 INTERSECTION IMPROVEMENTS PROJECT (BID #61600115) - INTERSTATE
HIGHWAY CONSTRUCTION, INC.: Michael Bedell, Department of Public Works, stated he recently
finalized all of the individual bid quantities and project costs for the intersection improvements at County
Road (CR) 47 and State Highway 392, and he requested a Change Order in the amount $36,876.79,
or 1% of the original contract. He explained the original bid quantities were not very accurate, therefore,
staff has asked the project designer, Atkins, to reimburse the County for half of the cost, in the amount
of $18,438.39. He stated the amount will be credited towards the current CR 49 project. Commissioner
Freeman moved to approve said change order and authorize the Chair to sign. The motion was seconded
by Commissioner Kirkmeyer, and it carried unanimously.
• 5) CONSIDER CONTRACT ID #1367 INTERGOVERNMENTAL AGREEMENT FOR POUDRE
TRAIL FLOOD DAMAGE AND AUTHORIZE CHAIR TO SIGN: Devin Traff, Department of Public Works,
stated during the 2015 spring runoff, flooding occurred which exacerbated the erosion damage created
during the 2013 flood on the path adjacent to the Cache la Poudre River. He stated the County applied
for a Transportation Alternatives Program (TAP) grant and has been awarded a total of $447,890.00, with
$358,312.00 in federal funds and $89,578.00 in local agency funds split among the County, City of
Greeley, and Town of Windsor. In response to Commissioner Moreno, Mr. Traff clarified the dates for
anticipated completion. Commissioner Cozad expounded further on the damage and stated there is a
temporary trail in the interim. Commissioner Moreno moved to approve said Intergovernmental
Agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner
Kirkmeyer, carried unanimously.
• 6) CONSIDER EMERGENCY TEMPORARY CLOSURE OF CR 64 BETWEEN CRS 51 AND 53:
Amy Joseph, Department of Public Works, stated this closure was necessary, starting on August 22,
2017, to repair a partial culvert collapse which was impacting the road surface. Commissioner Freeman
moved to approve said emergency temporary closure. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
• 7) CONSIDER EXTENSION OF EMERGENCY TEMPORARY CLOSURE OF CR 80 BETWEEN
CRS 39 AND 41: Ms. Joseph stated this was previously presented last week; however, staff did not have
definitive dates at that time due to ditch company irrigation needs. She stated staff has worked with the
ditch company and is requesting the closure through September 22, 2017. Commissioner Conway
moved to approve said extension of closure. Seconded by Commissioner Freeman, the motion carried
unanimously.
Erl 8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN — ANNE KELLY: Commssioner Conway moved to approve said appointment and authorize the
Chair to sign. Commissioner Moreno seconded the motion, and it carried unanimously.
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• 9) CONSIDER SUBMITTING AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER
TO THE ELECTORS OF THE ELECTION ON NOVEMBER 7, 2017: Mr. Barker reviewed the provisions
of the draft resolution for the County Home Rule Charter to be amended. These amendments include the
following sections of the Home Rule Charter: Powers and Duties, Compensation of the Board of County
Commissioners and Elected Officials, Vacancies of the Board of County Commissioners and Elected
Officials, Elective Officers, Qualifications, Limitation on Annual Tax Levy, Definitions, and Conflicts of
Interest. Mr. Barker stated the goal of the amendments is to repeal, in its entirety, the County Council,
which would allow the laws of the State of Colorado to govern said sections of the Weld County Home
Rule Charter, or at an election for the Limitation on Annual Tax Levy section. He explained the
amendments presented today will be placed on the ballot for November 7, 2017. He further stated the
amendments will go into effect on that day if they pass with the required percentage of more than 50%
of the qualified electors on each ballot question. The following residents of Weld County spoke for Public
Comment:
• Gary Oplinger, Johnstown resident, communicated short -comings of the County Council in its
past 40 years. However, the recent audits conducted on the Clerk and Recorder's Office and the Board
of County Commissioners, are evidence of the County Council fulfilling its duties. Mr. Oplinger concluded
with the importance of allowing the residents to have a choice regarding the County Council to "fix it or
ditch it."
• Carl Erickson, Greeley resident, asked the Commissioners to vote against the repeal of the County
Council. He commented on how this action could be interpreted in the future vindictive, and he expressed
this action as undermining the purpose of the Home Rule Charter, which is to minimize the role of the
State in the local County government. He further expressed the Home Rule Charter cannot work well if
the State has a hand in the governing of the County.
e Karen Speed, Windsor resident, expressed her concerns regarding the role of Weld County Attorney,
Mr. Barker, in drafting the proposed resolution for the ballot measure. She stated this action could be
considered a breach of procedure, since private and independent council was not utilized. Ms. Speed
considered the action as an unethical behavior of the elected officials. She ended with her vote against
the measure being put on the ballot.
Ann LePlant, Greeley resident, stated she is unsure of her vote at this time, but in any case, she
stated the timing of the issue is inappropriate and has an appearance of impropriety, due to the recent
audits. She stated the process seems rushed with limited time allowing for public input.
• Doris Williams, New Raymer resident, and one of the original members who helped write the Home
Rule Charter, stated she is here to defend the existence of the County Council, which was put into place
as part of the Home Rule Charter, for the people of Weld County. She stated the County Council affords
the people a voice, and the Home Rule Charter's existence further enables the Board of Commissioners,
past and present, the ability to accomplish great goals. She urged the Board to work through it and
acknowledge the importance and role of the County Council.
Dave Kisker, Johnstown resident, requested the Board not put the proposal of eliminating the
County Council on the November ballot. He pointed out the original importance and purpose in which the
Framers of the Home Rule Charter sought in the County Council, as an oversight group. He further
identified the County Council's importance in reviewing all its responsibilities. He concluded with the idea
that the County Council should be strengthened, and not eliminated without proper time to gain input
from all perspectives.
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• Maydean Worley, Greeley resident, communicated her view of the County Council as a watch dog
of the County Commissioners. She expressed that the repealment of the County Council would appear
to be an act of retaliation from the County Commissioners, as a direct response to the recent audits. She
commented that voting today on said matter would be a mistake.
• Anne Curry, Greeley resident, agreed with the previous comments in opposition to eliminating the
County Council, due to timing and the appearance of the action being a Conflict of Interest. Ms. Curry
reflected on words of her late father, an ethical lawyer, who used the term "Iegaleeze" to describe
propositions filled with too much legal jargon as ones without good intentions. She urged the County
Commissioners to set forth more time to improve the County Council and not eliminate it.
• Bill Jerky, LaSalle resident and past County Commissioner (2001-2008), stated he is of a liberal
perspective who welcomes the change of eliminating the County Council. He described Weld County as
being unique and strong, which many have mentioned; however, he stated it is not the County Council
that makes it so, rather, it is the Home Rule Charter. He pointed out the audits on the County
Commissioners came back strong and clean, and stated the change of eliminating the County Council
will not do away with the Home Rule Charter, but just simply amend it. He concluded with his support to
put said matter on the November ballot.
Lynette Kilpatrick, LaSalle resident, communicated two items of concern with repealing the County
Council: 1) removing five (5) elected officials gives less voice to the electors, and 2) restricting the future
Boards of County Commissioners and electors to reverse the action. Commissioner Kirkmeyer clarified
the restriction language is not applying to the removal of the County Council, but to Constitutional
Amendment 41 and on ethics.
• Timothy Daniel Sheelee, indicated he was not representing KFKA as 'Chip Taylor', and stated he
has worked with this Board on past issues and expressed opposition to the change. He pointed to the
cost being that of the taxpayers, by which Weld County boosts itself on being the only county not in the
deficit. Mr. Sheelee referenced the 149 pages of the recent Clerk and Recorder audit, and various printed
news articles. He stated the process today is only formality, since it is clear the Board has already made
their decision. With the help of Commissioner Conway to clarify his concerns, Mr. Sheelee discussed his
concerns of checks and balances through comparisons with the Coroner, the Sheriff, the County Council
and the Board of County Commissioners.
• Ms. Worley spoke a second time to comment on the recent Colorado Oil and Gas Conservation
Commission meetings where Commissioner Kirkmeyer's frustration was witnessed, due to the loss of
local control. She concluded with the idea that this action will give the appearance of willingness to give
up local control, and no longer give purpose to having the Charter. There being no further comments,
Chair Cozad closed public testimony.
• Commissioner Conway clarified that one or both items can be placed on the ballot. At the request
of Commissioner Kirkmeyer, Mr. Barker explained the ballot language format specifically points to what
the new language would say, which is consistent with how the County has approached it in the past. At
the request of Chair Cozad, Mr. Barker stated it is not in violation of the ethics principles, and cited
Section 17-1-1(B) which gives the Board of County Commissioners the power to put said amendments
on the ballot. He further stated the appearance of impropriety is subjective; however, in this instance, the
Charter states clearly that this action is within the authority of the County Comissioners. Clarifications
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from Mr. Barker now concluded, Chair Cozad opened up the topic for discussion among the
Commissioners.
El Commissioner Kirkmeyer expressed that the Charter is what makes the County great. She read
opening sentences of the Charter Preamble for the record and stated the is being considered due to the
lack of integrity of the County Council. She quoted current County Council members indicating the lack
of integrity within the County Council. She reviewed the roles and duties of the County Council, and
stated through the years the County Council has turned political. She concluded that the County Council
is not the voice of the people and it is not their role to solve issues. She stated now is the perfect time to
allow the vote of the people to decide.
Commissioner Conway thanked everyone for coming to participate today, specifically Doris Williams
as an original member of the Charter Committee. He referenced the discussions of the Board a year ago
regarding the possible formation of a Charter Committee which ultimately withered, though if it had
continued he believes they would be on a different path today. He suggested the Board listen to the
people, allow more time to further discuss the matter, and then come up with a more inclusive solution
driven by the citizens and not by the Board. He stated he believes there will be unintended consequences
and circumstances due to some of the proposed language in the amendments.
Commissioner Freeman thanked the public for their participation. He stated he views the County
Council as being a second layer of government, further silencing the voice of the people. He pointed to
vastly different conversations held with the public than those that Commissioner Conway mentioned,
indicating that many people were unaware of the existence and/or roles of the County Council. He
concluded with the idea that not giving the people the right to vote on this would be wrong and
disappointing.
Commissioner Moreno thanked everyone for commenting. He stated this topic has weighed heavily
on him, and made his point that the Board of County Commissioners does not have the power to disband
the County Council, and only the people have the power to do so through a vote. As a past Clerk and
Recorder, and now as a County Commissioner, his perspective on democracy remains strong and he
believes that this should be placed on the ballot to allow the people to vote so their voice can be heard
and decide the matter.
Chair Cozad thanked everyone for their participation. She stated this action is not an easy decision,
but the goal is making the best decision for the County as a whole. She pointed to the fact that there are
two sides to the issue with equal amounts of people on both sides. She stated the vote does not reflect
advocacy for either side; rather, it indicates the importance of the role of the people to vote and decide.
She agreed with Commissioner Freeman's idea of the County Council as being a second layer of
government. Chair Cozad quoted a concern written on May 12, 1975, expressing what the County Council
may become: in short, a political group. She stated the majority of the current roles and responsibilities
of the County Council can be done by State statute, which works well for the rest of the counties in the
State, and even the Country as a whole. She commented on the timing issue, but indicated the audit
results were strong and suggested that audits for the future can be included in future budgeting. She
expressed the role of the people being the watch dogs of the County Commissioners.
Commissioner Conway clarified the process, if the proposal to eliminate the County Council did not
pass, but the ethics measure passed, then the County would be placed under Amendment 41 of the State
Constitution. Commissioner Kirkmeyer moved to approve the placement of said matters on the
November 7, 2017, ballot. Commissioner Conway moved to vote on each item separately, regarding
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pacement on the ballot. Commissioner Kirkmeyer seconded the motion, and it passed unanimously.
Commissioner Kirkmeyer moved to place topic 1A on the November ballot. Upon a roll call vote, the
motion passed four to one, with Commissioner Conway opposed. Commissioner Kirkmeyer moved to
submit topic 1B for the November ballot. Commissioner Conway seconded the motion, which passed
unanimously. Commissioner Conway commented this will strengthen ethics under Amendment 41, with
which both Commissioner Freeman and Chair Cozad expressed agreement.
(Clerk's Note: Recess at 11:01 a.m. to reconvene in five minutes.)
• 10) FINAL READING OF WELD COUNTY CODE ORDINANCE #2017-07, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES
(EMPLOYEE BENEFITS), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read
Code Ordinance #2017-07 by title only. Seconded by Commissioner Conway, the motion carried
unanimously. Chair Cozad recused herself from the meeting at 11:07 a.m., since her spouse is an
employee of the Weld County Sheriff's Office. Mr. Barker read the title for the record. Patti Russell,
Director of the Department of Human Resources, stated there have been no changes since the Second
Reading. No public comment was provided. Steve Reams, Sheriff, thanked the Board for considering the
topic, and stated employee retention has been a difficulty in which this forward thinking will aid. The
Commissioners expressed thanks to Sheriff Reams and his deputies for their hard work. The motion to
approve on Final Reading, which was made by Commissioner Kirkmeyer, and seconded by
Commissioner Conway, carried unanimously.
• Chair Pro-Tem Moreno indicated Chair Cozad rejoined the meeting at 11:11 a.m.
PLANNING:
• 1) FINAL READING OF WELD COUNTY CODE ORDINANCE #2017-06, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING
AGREEMENTS (TIMNATH), OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read
Code Ordinance #2017-06 by title only. Seconded by Commissioner Conway, the motion carried
unanimously. Mr. Barker read said title for the record. Tom Parko, Director of the Department of Planning
Services, stated there have been no revisions since the Second Reading. No public input was given. The
motion to approve on Final Reading, which was made by Commissioner Conway, and seconded by
Commissioner Freeman, carried unanimously.
• 2) CONSIDER ZONING VIOLATION, ZCV17-00225 - DANIEL SHEPHERD: Bethany Pascoe,
Department of Planning Services, presented the zoning violation. She stated the initial complaint was
received on August 7, 2017, followed by site inspections on August 9 and 23, 2017, and she reviewed
images collected from the site. Due to the intensity of the issue, the violation is presented for the Board
to determine whether time for a Use by Special Review application should be allowed. Karin McDougal,
Assistant County Attorney, added the site is zoned A (Agricultural) at this time. Daniel Shepherd,
applicant, stated he has been in business for 28 years, as a food distribution outlet. He purchased this
property a couple months ago, and stated this worked out well since he lives nearby, across the corn
field. He stated he was not aware of the special permit requirement for Weld County. He stated the use
has remained the same as it had with the previous owners, though it has been very busy the past month.
He communicated his intention of being a good neighbor and has already started the process for the
permit, and has remedied issues already communicated by a neighbor. Mr. Shepherd detailed all the
changes made to the property to make it safer and cleaner. Chair Cozad interjected, and asked him to
focus only on the details of the violation, and not on the details which will be presented with his permit
application. Commissioner Freeman inquired if the past owners had a previous USR. Ms. Pascoe stated
she is unaware at this point, and the research has not been completed yet. Mr. Shepherd stated he was
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not aware that this was zoned only agricultural, and considered it strange, since the previous owners
conducted the same business. He confirmed he fully intends to pursue and complete the permitting
process. Mr. and Mrs. Daniela and Kenny Perez, neighbors, expressed concern with the heavy amount
of trucks, dirt, noise, and alarms during the night. Mr. Perez confirmed back-up alarm noise during the
middle of the night, around 2:30-3:00 a.m. He also expressed concern with warm-up fumes during the
winter months, and the dust due to the frequency of trucks. Ms. Perez suggested this company should
be shut down until permits are in place. Mr. Perez also referenced the placement of the concrete pad
causing the lights of the trucks to shine into their bedroom windows. In response to Chair Cozad,
Ms. Pascoe stated she is deferring to the Board and is prepared to proceed either way. Ms. Pascoe
stated the prior owner was obtaining his produce from the site where produced, but under the new
ownership the produce is coming from off -site and at a more intense and frequent pace. Chair Cozad
stated it is the job of the new owner to know all details of the purchased site, and stated she is not in
favor of allowing continued operation until permits are gathered and approved. Responding to
Commissioner Kirkmeyer, Mr. Barker recommended starting the process with immediate legal action to
work out an agreement that the Court may approve or allow to proceed. Chair Cozad requested, at a
minimum, a Stipulation signed where trucks are allowed to come and go only during daylight hours.
Commissioner Kirkmeyer agreed with Chair Cozad and said the Stipulation should also limit dust, lights,
diesel from trucks, no back-up alarms, and the location where the trucks are parked. In response to
Commissioner Conway, Mr. Shepherd stated 90-95% of the trucks are his, which do not have the back-up
alarms, and off -site trucks only come during business hours (6:00 a.m. to 4:00 p.m.), with the exception
of those coming at night to hook-up or drop a trailer. Commissioner Kirkmeyer moved to refer said matter
to the County Attorney for immediate legal action, with direction that the agreement addresses parking,
dust, hours, fumes, lights, backup alarms, and limitation of the number of trucks in the Stipulation.
Commissioner Conway indicated the property owner also needs to continue to proceed with the Use by
Special Review process. Chair Cozad stated this should not continue until the permit is approved,
therefore, the motion for immediate legal action will help ensure a reduced impact to the neighborhood.
Commissioner Kirkmeyer stated there is a Use by Right which can be allowed on the site, and she
encouraged both sides to be good neighbors. The motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2017-07 and #2017-06 were approved on Final Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
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There being no further business, this meeting was adjourned at 11:43 a.m.
BOARD OF COUNTY COMMISSIONERS
WELDTY, COL DO
ATTEST: d‘me/1) CWT J'C40•idk.
Weld C • • ty Clerk to the Board
BY:
Deputy Cler / o e Beard
can P. Conway
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Esther Gesick
From: Maydean Worley < mamworl@gmail .com >
Sent: Tuesday, August 22, 2017 10:25 AM
To: Esther Gesick
Cc: tsilvy@greeleytribune. com
Subject: Request to the board of commissioners
Attachments: Request to Board of Commissioners. pages
Please relay this request to commissioners for discussion at the August 28 meeting .
In as much as the board of commissioners takes it upon itself to dissolve the county council based upon request of four former council
members without adequate input from residents/voters, I make the following request of the board in the hope that four residents appear to
support the request.
Pushing the issue to the ballot is not considered valid input from residents/voters.
EXHIBIT
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1
WHEREAS, the Colorado Court of Appeals ruled on or about March 23, 2017 that
the COGCC must protect "public health, safety, and environmental and wildlife impacts"
as a condition for approving oil and gas permits; and
WHEREAS, the Colorado Attorney General appealed the Court of Appeals decision to
the Colorado Supreme Court and, in effect, represents the oil and gas industry against
the residents of Colorado; and
WHEREAS, the Colorado Bill of Rights, Section 3, Inalienable Rights, lists "seeking
and obtaining safety" as one among other inalienable rights of persons in Colorado; and
WHEREAS, Weld County residents were killed because of oil and gas decisions or
policies, COGCC decisions, and inadequate leadership and oversight by the legislature,
the state executive branch, and county government; and
WHEREAS, the Weld County Commissioners can place an issue on the ballot based
on a request from merely four residents;
THEREFORE, residents of Weld County submit a Climate Bill of Rights and
Protections to the Weld County Commissioners and request that it be placed on the
November ballot.
Climate Bill of Rights and Protections, Weld County, Colorado
Be it therefore enacted:
§1.0 Findings
We the People of Weld County, Colorado, understand the environment as
common to all and base our actions upon its indefinite protection;
We the People of Weld County, Colorado find that global environmental
destruction, which includes degradation to the climate, ecosystems, flora,
fauna, air, land, and water, constitutes an emergency that threatens our
very survival;
We the People of Weld County, Colorado, find that the extraction of coal, oil
and gas, and disposal of drilling waste within the County significantly
contribute to global environmental destruction; and therefore,
We the People of Weld County, Colorado, declare that we have a right to a
healthy climate, and that right is violated by the extraction of coal, oil, gas,
and disposal of drilling waste within the County.
§2.0 Weld County, Colorado, Climate Bill of Rights and Protections
Right to a Safe and Healthy Climate. All residents and ecosystems of Weld
County, Colorado (hereafter referred to as the County) possess a right to a
safe and healthy climate, which shall include the right to be free from all
activities that interfere with that right, including the extraction of coal, oil, or
gas, or the disposal of drilling waste within the County.
Right to Local, Community Self -Government. All residents of the County
possess the right to a form of governance which recognizes that all power
is inherent in the people of the County and that all free governments are
founded on the people's authority and consent. Laws adopted by the
people of the County shall only be preempted or nullified if they interfere
with rights secured by the state or federal constitution to the people of the
County, or if they interfere with protections provided to the people or
ecosystems of the County by state, federal, or international law.
Right to Enforce. The County and all residents of the County possess the
right to enforce this law. To secure this right, entities which violate the
people's right to a healthy climate shall not be deemed to be "persons," nor
possess any other legal rights, privileges, powers, or protections which
would interfere with the enforcement of that right.
Right to Defense. Residents of the County possess the right to have the
Weld County government defend this law on the basis that a constitutional
right of local, community self-government exists, that this law is an
assertion of that right as it seeks to expand the rights of the people of the
County, and that the doctrines of ceiling preemption, county subordinancy
to state government, or corporate "rights" unconstitutionally violate the right
of the residents of the County to local, community self-government.
§3.0 Direct Enforcement
(a) Direct Action Enforcement. If the County fails to enforce or defend this
law, or a court fails to uphold this law, any person may enforce this law
through nonviolent direct action. If nonviolent direct action is taken to
enforce the provisions of this law, law enforcement personnel employed by
the County shall be prohibited from arresting or detaining persons directly
enforcing this law. "Direct action" as used by this provision shall mean any
activities carried out to directly enforce the prohibitions of this law.
Eric Ewing
16974 CR 40
La Salle, CO 80645
August 27 , 2017 (Revised from previous 08/24/2017 vers. )
Weld County Commissioners
State of Colorado Regulators
Re : DCP Midstream Mewbourn Gas Processing Plant
Dear Weld County Commissioners and the State of Colorado Regulators ,
The system to protect me and my family from harmful air pollution coming from the DCP
Midstream Mewbourn gas plant has failed .
�
On Saturday night, August 19 , 2017 , operations at the gas plant caused harmful air
pollution to enter my property which was detectable by odor. (Attachment A)
On Monday, August 21 , 2017 , DCP Midstream confirms they had a malfunction at the
plant. (Attachment B)
On Monday , August 21 , 2017 , the gas plant flare smoked . (Attachment C)
On Monday, August 21 , 2017 , a neighbor emails me about the smoke seen earlier in the
day . (Attachment D)
On Wednesday, August 23 , 2017 , DCP Midstream indicates they did not know about the
smoke coming from their gas plant. (Attachment E)
On Sunday , August 26 , 2017 , the EPA ECHO website indicated the gas plant as being
non-compliant with air pollution regulations . (Attachment F)
The emissions from this facility are much higher than you think they are .
The emissions affect our living conditions more than you think they do .
Sincer ,
�
EXHIBIT
Eric Ewing � (�`3b � ' � =r' p"
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9
8/23/2017 Print Window
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s�b�e�c: Odor From DCP Mewbourn N �x '�
�'
From: ewinghr@yahoo.com �.
To: jtaloumis@weldgov.com; alex.scherer@state.co.us
Date: Sunday, August 20, 2017, 12:00:43 AM MDT
Strong odor right now.
1 !1
8/23/2017 Print Window �t�
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s�b�ecc: RE : Clarification Needed : Potential Violation of Night-time Flaring Reduction Rule ` �,
From: GTaylor@dcpmidstream.com
To: ewinghr@yahoo.com; DMJost@dcpmidstream.com
Cc: pgroom@wobjlaw.com; terridechant@yahoo.com; shfarms@skybeam.com; msrochell44@yahoo.com; rockyrissler@gmail.com; rickmargheim@aol.com;
rick@aintrightranch.com; geraldjohnson733@gmail.com; clem970@aol.com; heaveniyhavens@msn.com; electandconnect@gmail.com;
jcarlson201240@gmail.com; peteulrich@aol.com
Date: Monday, August 21 , 2017, 9:44:48 AM MDT
Eric,
The flaring event on Saturday was not a planned event. We were having operational issues with one of our compressors�' We are working to resolve
this issue.
Regards,
Craig Taylor
Mewbourn/Platteville Plant Supervisor
Office: (970) 737-2549 x 1
Cell: (720) 202-7901
DCP Midstream
18295 WCR 35
Platteville, CO 80651
,.. .�.
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M►d P � �
From: Eric Ewing [mailto:ewinghr@yahoo.com]
Sent: Sunday, August 20, 2017 6:44 PM
To: Taylor, Craig J; Jost, David M
Cc: Patrick Groom; Don & Terri Dechant; Pat & Dick Stahl; Scott & Rochell Sherman; Rocky Rissler; Rick Margheim; Rick; Gerald Johnson; Cindy & Randy
Clement; Ed & Jill Lafferty; Lynette Kilpatrick; Jeff Carlson; Pete Ulrich
Subject: Clarification Needed : Potential Violation of Night-time Flaring Reduction Rule
Dear DCP,
Looking for clarification on the reduced night-time flaring rule.
Was the flaring and release event that happened late last night, Seturday, August 19, 2017� a planned event?
Even though iYs a yes/no question, feel free to offer additional information as you wish.
Thanks,
1 /2
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s�b�ea: Re : Clarification Needed : Potential Violation of Night-time Flaring Reduction Rule �`.
From: clem970@aol.com � J
To: ewinghr@yahoo.com
Date: Monday, August 21 , 2017, 10:05:13 PM MDT
Eric,
Did you happen to see the black smoke coming from the plent this aftemoon? Monday, Aug 21
Clndy and Randy
—Original Message--
From: Eric Ewing <ewinghr@yahoo.com>
To: Craig J. Taylor <cjtaylor@dcpmidstream.com>; David M. Jost <dmjost@dcpmidstream.com>
Cc: Patrick Groom <pgroom@wobjlaw.com>; Don & Terri Dechant <tertidechant@yahoo.com>; Pat & Dick Stahl <shfartns@skybeam.com>; Scott 8 Rochell
Sherman <msrochell44@yahoo.com>; Rocky Rissler <rockyrissler@gmail.com>; Rick Margheim <rickmargheim@aol.com>; Rick <rick@aintrightranch.com>;
Gerald Johnson <geraldjohnson733@gmail.com>; Cindy & Randy Clement <clem970@aol.com>; Ed & Jill Lafferty <heavenlyhavens@msn.com>; Lynette
Kilpatrick <electandconnect@gmail.com>; Jeff Carlson <j�r�son201240@gmail.com>; Pete Ulrich <peteulrich@aol.com>
Sent: Sun, Aug 20, 2017 6:43 pm
Subject: Clarification Needed: Potential �olation of Night-time Flaring Reduction Rule
Dear DCP,
Looking for clarification on the reduced night-time flaring rule.
Was the flaring and release event that happened late last night, Saturday, August 19, 2017, a planned event?
Even though iYs a yes/no question, feel free to offer additional information as you wish.
Thanks,
EE
�
1 /1
8/23/2017 Print Window
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: �
sub}ea: RE : RE : Clarification Needed : Potential Violation of Night-time Flaring Reduction Rule .�
From: GTaylor@dcpmidstream.com ��•
To: ewinghr@yahoo.com
Date: Wednesday, August 23, 2017, 8:45:54 AM MDT
Eric,
I saw the drawing you sent as an example. We don't have a drawing of this kind for the new plant. We are working with an engineer/landscaper that
might be able to create such a drawing, but I don't have anything at this moment.
Yes, the compressor was fixed on Monday.
I checked the with the operators and the operator logs and there was no observation of smoke, so I don't believe the smoke you saw was coming from
Mewbourn .
Regards,
Creig Teylor
Mewboum/Platteville Plant Supervisor
Office: (970) 737-2549 x 1
DCP Midstream
18295 WCR 35
Platteville, CO 80651
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dc ,_ �,
lVli�� � �
From: Eric Ewing [mailto:ewinghr@yahoo.com]
Sent: Tuesday, August 22, 2017 9: 11 PM
To: Taylor, Craig J
Subject: Re: RE: Clarification Needed: Potential Violation of Night-time Flaring Reduction Rule
Craig,
Did you get a chance to check out that drawing I sent as an example?
Did you get the compressor fixed yet?
I saw some smoke on my way home from work yesterday drifting around. Was that the plant? And is that related to that compressor or some other equipment?
Thanks,
1 /2
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