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Home My WebLink About20153951.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 14, 2015 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, December 14, 2015, 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 Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Steve Moreno - EXCUSED Also present: County Attorney, Bruce Barker Acting Clerk to the Board, Stephanie Frederick Controller, Barbara Connolly El MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of December 9, 2015, as printed. Commissioner Cozad seconded the motion, and it carried unanimously. • READ ORDINANCE BY AUDIO: Commissioner Cozad moved to read Ordinance #251 and Code Ordinances #2015-26 and #2015-27 by audio. Commissioner Conway seconded the motion, which carried unanimously. • CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of Hearings conducted on December 9, 2015, as follows: 1) Show Cause re: PCSC15-0014, USR-1693 - Michael and Bette O'Keefe, 2) USR14-0046 - The Estate of Windon Davis, do Rick Davis, and 3) USR15-0047 - JM Trucking, LLC. Commissioner Cozad seconded the motion, which carried unanimously. • AMENDMENTS TO AGENDA: There were no amendments to the agenda. • CONSENT AGENDA: Commissioner Cozad moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PROCLAMATIONS: El 1) BILL OF RIGHTS DAY - DECEMBER 15, 2015: Chair Kirkmeyer read the proclamation for the record and thanked Sheriff Steve Reams for bringing this important day to the attention of the Board. Minutes, December 14, 2015 2015-3951 /7 Page 1 BC0016 Commissioner Cozad brought with her a copy of the Bill of Rights and stated it should always be protected. Commissioner Conway also expressed his thanks to Sheriff Reams. • PUBLIC INPUT: No public input was given. CEJ Commissioner Cozad introduced Lexie Baldwin, who attends Winograd K-8 School as an eighth grader. Commissioner Cozad reported that later she will speak to all the eighth graders at Winograd about the Weld County Bright Futures Program. BIDS: 1) APPROVE BID#B1500178, STADIUM LOCKERS - DEPARTMENT OF JUSTICE SERVICES: Trevor Jiricek, Director of General Services, stated ten (10) bids were received and staff recommends awarding the bid to the third lowest bidder which meets all the specifications in the amount of$67,626.00. Commissioner Conway asked for an update about the freight costs. Doug Erhler, Department of Justice Services, reported the freight cost is included in the total cost and it is being delivered from Florida to Denver. Mr. Jiricek added Mr. Erhler requested samples from the vendors so there was a very thorough test trial on the product. Commissioner Cozad moved to approve Bid #B1500178, to Certified Business Services, Inc. The motion was seconded by Chair Kirkmeyer for purposes of discussion. Commissioner Conway stated the freight charges still seem unreasonable; however, he supported the motion, which carried unanimously. el 2) PRESENT BID #61500189, (CNG) DIESEL DUAL FUEL CONVERSIONS (QTY. 2) - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated two (2) bids were received and staff will make a recommendation to the Board on December 28, 2015. NEW BUSINESS: • 1) CONSIDER STANDARD FORM FOR AUTHORIZATION FOR HEALTH CARE FOR VARIOUS FOSTER CARE CHILDREN AND AUTHORIZE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES TO SIGN DOCUMENTS CONSISTENT WITH SAID FORM: Judy Griego, Director of Department of Human Services, presented the form that is utilized by foster parents and guardians to obtain medical services for children and youth in their care. Commissioner Conway moved to approve said standard form and authorize the Director of the Department of Human Services to sign documents consistent with said form. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 2) CONSIDER GRANT APPLICATION FOR THE JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Rob Miller, District Attorney's Office, stated the application is used to obtain funds which will support the District Attorney's Juvenile Diversion Program. Commissioner Conway moved to approve said grant application and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 3) CONSIDER ADOPTION OF WELD COUNTY PARKWAY ACCESS CONTROL PLAN: Elizabeth Relford, Department of Public Works, stated the plan improves the safety, mobility, and capacity of the new 3.5-mile roadway that was recently opened to the public. Commissioner Cozad moved to approve said plan. The motion was seconded by Commissioner Conway, and it carried unanimously. Chair Kirkmeyer expressed her thanks to Elizabeth Relford, Jim Flesher and the entire Department of Public Works for all of their hard work and effort. Minutes, December 14, 2015 2015-3951 Page 2 BC0016 • 4) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT: Dr. Wallace stated this application was reviewed by the EMTS (Emergency Medical/Trauma Service) Council, and after technical review he recommends approval. Kevin Antuna, Department of Public Health and Environment, was present to answer any questions. Commissioner Conway moved to approve said application for a Tier I EMS License and authorize the Chair to sign. The motion, which was seconded by Commissioner Cozad, carried unanimously. • 5) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - FRONT RANGE FIRE RESCUE: Dr. Wallace stated this application was reviewed by the EMTS Council on November 18, 2015, and after technical review he recommends approval. Commissioner Cozad moved to approve said application for a Tier I EMS License and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. = 6) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW FIRE PROTECTION DISTRICT: Dr. Wallace stated this application was reviewed by EMTS Council on November 18, 2015, and after review he recommends approval. Dave Bressler, Chair of Emergency Medical Services, explained the findings are discovered by the providers. In response to Commissioner Conway, Mr. Bressler stated all the applications were reviewed. Commissioner Conway moved to approve said application for a Tier I EMS License and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 7) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH/NORTH COLORADO MEDICAL CENTER PARAMEDIC SERVICE: Dr. Wallace stated this application was reviewed by the EMTS Council on November 18, 2015, and after technical review he recommends approval. Commissioner Cozad moved to approve said application for a Tier I EMS License and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. • 8) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - POUDRE VALLEY HOSPITAL EMERGENCY MEDICAL SERVICE: Dr. Wallace stated this application was reviewed by the EMTS Council on November 18, 2015, and after technical review he recommends approval. Commissioner Conway moved to approve said application for a Tier I EMS License and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 9) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - SOUTHEAST WELD FIRE PROTECTION DISTRICT: Dr. Wallace stated this application was reviewed by the EMTS Council on November 18, 2015, and after technical review he recommends approval. Commissioner Conway moved to approve said application for Tier I EMS License and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 10) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN -THOMPSON VALLEY EMERGENCY MEDICAL SERVICE: Dr. Wallace stated this application was reviewed on November 18, 2015, and after technical review he recommends approval. Commissioner Cozad moved to approve said application for Tier I EMS License and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, December 14, 2015 2015-3951 Page 3 BC0016 • 11) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN -WINDSOR SEVERANCE FIRE PROTECTION DISTRICT: Dr. Wallace stated this application was reviewed on November 18, 2015, and after review he recommends approval. Commissioner Conway moved to approve said application for a Tier I EMS License and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 12) CONSIDER APPLICATION FOR TIER I EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - PLATTE VALLEY AMBULANCE SERVICE: Dr. Wallace stated this application was reviewed on November 18, 2015, and after technical review he recommends approval. Commissioner Cozad moved to approve said application for Tier I EMS License and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 13) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - COLORADO MOTOCROSS MEDICS, LLC: Dr. Wallace stated this application was reviewed on November 18, 2015, and after technical review he recommends approval. Chair Kirkmeyer gave Commissioner Cozad background about the council and the bylaws. She stated her disappointment at the agency for not coming to the meeting or submitting their findings. Commissioner Cozad moved to continue this matter to December 16, 2015, to allow the agency to present their findings to the Board. Commissioner Conway seconded the motion, and it carried unanimously. ▪ 14) CONSIDER APPLICATION FOR TIER III EMERGENCY MEDICAL SERVICES LICENSE AND AUTHORIZE CHAIR TO SIGN - STADIUM MEDICAL, INC: Based on the previous discussion, Dr. Wallace recommended the Board also continue this matter to December 16, 2015. Commissioner Conway moved to continue said matter to December 16, 2015. Seconded by Commissioner Cozad, the motion carried unanimously. • 15) CONSIDER AGREEMENT FOR VITAL RECORDS SERVICE AND AUTHORIZE CHAIR TO SIGN - LEXISNEXIS VITALCHEK NETWORK, INC: Dr. Wallace explained this agreement is to streamline the birth certificate process and help individuals who are having difficulty obtaining their documents through the traditional process. In response to Commissioner Cozad, Tanya Gieser, Department of Public Health and Environment, stated the security measures are approved by the State of Colorado. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 16) CONSIDER FOR TASK ORDER CONTRACT AMENDMENT#1 FOR IMMUNIZATION CORE SERVICE PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace reviewed the terms and provisions for the 2016 Immunization Core Services Program, for an amount not to exceed $98,836.00. Commissioner Cozad moved to approve said amendment and authorize the Chair to sign. Commissioner Conway seconded the motion, which carried unanimously. • 17) CONSIDER TASK ORDER CONTRACT AMENDMENT #1 FOR THE TITLE X FAMILY PLANNING PROGRAM FY2015-2016 AND AUTHORIZE THE CHAIR TO SIGN: Dr. Wallace presented the contract whose funding will provide comprehensive family planning services to men and women of reproductive age. He concluded that the funding for 2015-2016 will remain the same with $103,024.00 in federal funding, $46,303.00 in State funding, and $63,085.00 will come from private funding. Commissioner Conway moved to approve said task order contract and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. Minutes, December 14, 2015 2015-3951 Page 4 BC0016 • 18) CONSIDER SERVICE RENEWAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN - STERIS CORPORATION: Dr. Wallace stated the agreement is for the autoclave located in the Environmental Health Laboratory and has been in place since the purchase five (5) years ago and includes quarterly maintenance. It is billed and paid quarterly after the maintenance has been completed and locks in the pricing schedule for the next five years. Commissioner Cozad moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded the motion, and it carried unanimously. El 19) CONSIDER COLORADO ARCHITECTURAL PAINT MANAGEMENT RECOVERY PROGRAM AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PAINTCARE, INC: Dr. Wallace explained this contract is for the disposal and reuse of paint collected from the Household Hazardous Waste Site. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 20) CONSIDER REVISIONS TO FEE SCHEDULE FOR ENVIRONMENTAL HEALTH FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Commissioner Cozad moved to approve the proposed fee revisions. Commissioner Conway seconded the motion, and it carried unanimously. • 21) CONSIDER REVISIONS TO FEE SCHEDULE FOR FEES COLLECTED BY THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT: Commissioner Conway moved to approve said revisions to the fee schedule. The motion was seconded by Commissioner Cozad, and it carried unanimously. El 22) CONSIDER PROVISION OF HEALTH CARE SERVICES PURSUANT TO SECTION 39-3- 111.5, C.R.S.: Don Warden, Director of Finance and Administration, stated Poudre Valley Health Care is requesting tax exempt status for properties that were previously owned by Banner Health Care. He gave a brief explanation of the statutory criteria which must be met and he recommended approval certifying the need. Commissioner Cozad moved to approve said provision. Seconded by Commissioner Conway, the motion carried unanimously. • 23) CONSIDER 2016 AMOUNT TO BE PAID FOR ROTARY'S POUDRE LEARNING CENTER EXPANSION PROJECT AS MATCHING FUNDS FOR THE NOBLE/CDPHE GRANT AWARD: Commissioner Cozad moved to approve said Resolution. Seconded by Commissioner Conway, the motion carried unanimously. El 24) CONSIDER 2016 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES: Mr. Warden reported the amount as $398,760.00 pursuant to an Intergovernmental Agreement which was entered into on October 24, 1984, with the City of Greeley. Commissioner Conway moved to approve said Resolution. Commissioner Cozad seconded the motion and it carried unanimously. • 25) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND AUDIO INFORMATION NETWORK OF COLORADO AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this agreement would provide the agency with $5,737.00 to produce radio broadcasts for the visually impaired. Commissioner Cozad moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, December 14, 2015 2015-3951 Page 5 BC0016 el 26) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND ENVISION AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN THE SAME: Mr. Warden stated this agreement will provide $38,225.00 for the purpose of improving developmental disability services to Weld County citizens. Commissioner Conway moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. El 27) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND NORTH RANGE BEHAVIORAL HEALTH,AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES (SUICIDE EDUCATION AND PREVENTION SERVICES)AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this agreement will provide the agency with $20,000.00 for the purpose of providing suicide education and prevention services. Commissioner Conway stated this is an important issue in Weld County and he moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Freeman, the motion carried unanimously. • 28) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND NORTH RANGE BEHAVIORAL HEALTH,AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES (MENTAL HEALTH SERVICES) AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated this agreement will provide the agency with $108,225.00 for mental health services for the citizens of Weld County. Commissioner Cozad moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 29) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND NORTHEAST EAST CENTRAL COLORADO SMALL BUSINESS DEVELOPMENT CENTER (SBDC) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr.Warden stated $65,000.00 will be utilized for various small business programs and services throughout the County. Commissioner Conway moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously. • 30) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND PROMISES FOR CHILDREN AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated $55,000.00 will be paid for agency services. Commissioner Cozad moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 31) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND WELD COUNTY SENIOR CITIZEN COORDINATORS AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated $19,000.00 will be awarded ($1,000.00 per senior center) to be used for operational expenses. Commissioner Cozad moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. • 32) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND UNITED WAY OF WELD COUNTY AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Commissioner Cozad moved to approve said memorandum of agreement and authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, December 14, 2015 2015-3951 Page 6 BC0016 • 33) CONSIDER MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY, COLORADO, AND UPSTATE COLORADO ECONOMIC DEVELOPMENT AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Mr. Warden stated $100,000.00 will be utilized to improve economic development services. Commissioner Conway moved to approve said memorandum of agreement and authorize the Chair to sign. The motion was seconded by Commissioner Cozad and it carried unanimously. • 34) FINAL READING OF CODE ORDINANCE #2015-23, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Conway moved to read Code Ordinance #2015-23 by title only. The motion was seconded by Commissioner Cozad, and it carried unanimously. Bruce Barker, County Attorney, read said title for the record. Mr. Warden gave a brief summary of the fee revisions. No public testimony was offered concerning this matter. Commissioner Cozad moved to approve on Final Reading. Commissioner Conway seconded the motion, and it carried unanimously. PLANNING: • 1) CONSIDER REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR CHANGE OF ZONE, PZ#1071, FOR ALDER ESTATES PUD - MEAD CROSSINGS, LLC: Kim Ogle, Department of Planning Services, explained the application was not completed by the deadline and stated the Board can authorize an extension. He highlighted the history and details of the revious extensions. He reported he has a signed surface use agreement from Anadarko Petroleum. IEZ Fred Kelly, manager of Mead Crossings, LLC, expressed his appreciation for the extensions that were previously granted. He stated they have made substantial progress on the project this past year and reported there have been 73 homes built in the Mead area but he feels the economy needs to improve some more before his project would be successful. He has spoken with several business people who are interested in his project. eMr. Ogle explained the Change of Zone was granted in 2005, and per the code states an applicant has three (3) years to submit a Final plan. Chair Kirkmeyer stated all staff is waiting on is the Final Plan application. Mr. Kelly explained there are pipelines being taken out and put in which affects the number of the lots and County Road 7 will not be as wide as originally planned which will change the configuration on the lots slightly. Mr. Kelly reported there is an issue with access to water. • In response to Commissioner Cozad, Mr. Kelly stated the problem with water is working with the Longs Peak Special Water District to get water rights and it is quite expensive. 0Mr. Ogle expressed the conditions list is relatively short. = Commissioner Conway stated he appreciates Mr. Kelly continuing to apply for extensions. Commissioner Conway asked about timelines concerning the pipelines. = Commissioner Conway moved to continue this matter to December 21, 2015, to allow Mead Crossings, LLC, to present the request before a full Board. Seconded by Commissioner Cozad, the motion carried unanimously. Commissioner Conway stated he will not be in favor of granting a three-year extension and stated a shorter-extension request is what he will recommend. • 2) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST LAWRENCE KERR FOR VIOLATION OF THE WELD COUNTY CODE -ZCV15-00153: Bethany Pascoe, Department of Planning Services, presented the violation history and displayed slides of the property. Lawrence Kerr, respondent, stated he mistakenly thought it was acceptable to store the pallets on his property and he fully intends to pursue a USR application. He explained that a company went out of business and gave him the roofing materials which he would like to keep because they may have potential use or value. Ms. Pascoe stated staff's opinion is that since the materials are being stored outdoors, Mr. Kerr needs to obtain a USR. In response to Chair Kirkmeyer, Mr. Kerr confirmed that he understands the USR application process and he will not be bringing more materials onto the property. Commissioner Cozad Minutes, December 14, 2015 2015-3951 Page 7 BC0016 moved to pursue an injunction against Lawrence Kerr and delay any action for 30 days to allow Mr. Kerr to submit a complete USR application, with further instruction that no additional materials be brought in. Seconded by Commissioner Conway, the motion carried unanimously. Ei 3) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST RLU HOLDINGS, LLC, AKA NORTHWINDS OF WYOMING, INC., C/O ROGER BREITENBACH, FOR VIOLATION OF THE WELD COUNTY CODE - ZCV15-00140: Ms. Pascoe explained she has been unable to locate any records through the Colorado Secretary of State for this business and explained the property was relocated after the violation hearing in September, 2015. She displayed photographs of the property and explained that staff recommends pursuing legal action but delaying any action for 30 days. 0 Chad Underwood, representative of Northwinds of Wyoming, Inc., stated he contacted the Zoning Department prior to purchasing the property and although they have completed their part of the application for the USR, they are now waiting on the engineering company to complete the application for the USR. It is taking longer because Growling Bear is designing the building for the company. = Chair Kirkmeyer wanted to know why the application for the permit hasn't been completed. She stated she doesn't think the design plan needs to be finalized before submitting the application. In response to Commissioner Conway, Mr. Underwood explained they are waiting on the flood and •eo hazard reports. a Mr. Ogle clarified the requirements for a completed application for a permit. M Commissioner Cozad asked the applicant if he was present for the previous violation and reiterated that the Board requested the applicant not move to another location. Chair Kirkmeyer asked about the hours and if there are current operations on the site. Mr. Underwood explained the parcel is used mostly for parking. = Eric Frank, resident of LaSalle and neighbor of the applicant, expressed his frustration and concerns about the parcel and stated he isn't against forward progress but he has concerns with noise pollution and increased traffic. He stated machinery can be seen from County Road 39. In response to Chair Kirkmeyer, Mr. Frank explained the noise can be attributed to loaders, pick-ups and other heavy machinery connected to a construction business. Mr. Frank suggested a noise barrier to help minimize the noise during his conversations with Mr. Underwood. eIn response to Commissioner Conway, Mr. Underwood stated he would be able to submit the application this week. Mr. Frank made known that Trevino Trucking is located in front of the business on a separate property. Commissioner Conway moved to pursue legal action with a delay of action for seven days and suggested Mr. Underwood work with the neighbors to minimize noise. Seconded by Commissioner Cozad, the motion carried unanimously. 4) FIRST READING OF CODE ORDINANCE #2015-25, IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF THE STATE INTEREST, OF THE WELD COUNTY CODE (TO BE CON'T TO 2/8/2016): Tom Parko, Director of Department of Planning Services, reported the future dates for the reading of this Code. No public testimony was offered concerning this matter. Commissioner Conway moved to continue this matter to February 8, 2016. Seconded by Commissioner Cozad, the motion carried unanimously. 5) FIRST READING OF CODE ORDINANCE #2015-26, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Mr. Parko stated this Code deals with amendment to Chapter 23, this code change removes oil and gas production facilities from a use by right and puts it under a uses by special review. The purpose of the ordinance is take back control over land use authority because recent voting by the Colorado Oil and Gas Conservation Commission is eroding away the Board's ability to set their own rules. He discussed the Colorado Oil and Gas Conservation Commission's important mission. He then outlined some recent examples of the rules they have made. Mr. Parko also discussed Weld County's mission and some recent examples, as well as the goal to protect the surface owner. 0 Bill Jerke, resident of LaSalle, stated he Minutes, December 14, 2015 2015-3951 Page 8 BC0016 has concerns with this code change and feels that it will increase the workload for the County as well as Oil and Gas Professionals. 0In response to Commissioner Conway's question, Mr. Jerke explained he wasn't sure that the COGCC is overstepping their legislative right and he feels the Board is overreacting. CI Jamie Jost, managing partner for Burleson, LLP and council for the Colorado Oil and Gas Association, stated she submitted a letter to the Board which provides an overview of several suggestions and concerns. She went into details about how the code will impact Oil and Gas Operators and the citizens of Weld County, and there are concerns this change will greatly increase the workload of the Commissioners, as well as, cause a delay in the USR process. COGA would like stakeholder meetings established. She explained some of the concerns are unintended consequences; impacts on the Board, Oil and Gas Operators, and citizens of Weld County. She went on to suggest making the changes to the code will cause a delay in the USR process which will cause an immediate slow-down in production, along with additional job loss. She stated the adoption of the code will affect millions of acres of land, which will have a negative impact on surface owner rights. a In response to Commissioner Conway's question about concerns with additional rules, Ms. Jost stated COGA recognizes all regulations they have to follow. Ms. Jost explained there are many government entities who have a USR process. • Kim Cooke, representative of Anadarko Petroleum, stated Anadarko supports COGA's stance. She reported Anadarko has two specific concerns; the first would be the added workload and employee time to operate and the second concern is the burden to the surface owners, which will result in significant impacts on negotiations. = Chair Kirkmeyer asked if she had been through a Subdivision Exemption process. • Kurt Moore, representative of Bonanza Creek, expressed his appreciation for the working relationship with Weld County, and stated he has seen a lot of change in the oil and gas industry in 22 years. Mr. Moore explained that it is difficult to be an operator in Colorado to get a well to production stage and he referenced a letter of concern about the Code. He requested there be a stakeholder meeting. • Chair Kirkmeyer explained, for the record, there will be at least one stakeholder meeting and typically they are after the first reading and before the second reading, so there will be at least one stakeholder meeting, if not more. • John Moser, resident of Greeley, stated he feels the residents have a lot of regulations, and are always having to deal with more rules. Mr. Moser stated he is concerned having more regulations to deal with and asked the Board to carefully consider this Code Ordinance. He explained he has a dairy farm east of Platteville. • Chair Kirkmeyer stated in regards to comments made concerning the USR process, the County doesn't require a USR permit in unincorporated Weld County. • Commissioner Conway referred to page 5, Section C-1, and asked Mr. Parko if Weld County will grandfather in any existing wells so they would not be subjected to getting a USR permit. Commissioner Cozad requested the process between now and final reading would not be affected and that the process move forward as it has been until final reading. • Chair Kirkmeyer reported she would like to address the concerns that surface owners have not complained, and discussed her concerns about how operators will negotiate with local governments with consistency and clarity. She reported her concerns with COGCC with regulations. She wants to determine what the harmonious path is for the citizens and the County. Commissioner Cozad stated she appreciates the comments made by Chair Kirkmeyer, because she has had the same concerns about piling on more regulations, but wants to make sure the surface owner is protected and she is in support of approving the First Reading and is convinced there needs to be more stakeholder meetings. Minutes, December 14, 2015 2015-3951 Page 9 BC0016 • Commissioner Conway stated he has concerns about adding more regulations and the erosion of the Boards land use authority. Commissioner Conway stated domestic oil and gas production is important to this Country. He expressed his frustration about Government overstepping their authority and stated there is a time to stand up for surface owners' rights. eChair Kirkmeyer added to Commissioner Conway's comments and stated they are doing this to protect the private property rights and about the infringement on the surface of property rights. • Commissioner Conway made a motion to approve Code Ordinance#2015-26 on First Reading. The motion was seconded by Commissioner Cozad, and it carried unanimously. • 6) FIRST READING OF CODE ORDINANCE #2015-27, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE: Michelle Martin, Department of Planning Services, presented the Code and stated staff recommends the Board continue this matter. Commissioner Cozad moved to continue said matter to December 21, 2015, to allow the public to present to a full Board. The motion was seconded by Commissioner Conway, and it carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda: Code Ordinance #2015-26 was approved on First Reading, Code Ordinance #2015- 23 was approved on Final Reading, and Ordinance #251 was approved on Emergency Basis. 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 11:55 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: dcorrhov C jc, 404 A r ,c.-- arbara Kirkmey , Chair Weld County Clerk to the Board / EXCUSED Mike Freeman, Pro-Tem Deputy C1 tot e Bo Sean P. Conway agAle"/ 156 Juli . ozad `i► l ' �� EXCUSED Steve Moreno Minutes, December 14, 2015 2015-3951 Page 10 BC0016 - 6,, ? V 'Q) t•• , (-) .r4 R • &, 1 Si - (j_iiL '46--LL ki - I ) la ii C ,-,) .:7 --, t) -&-- -E- V t P- . tv c7 gi) 1 _ i. y •. , - 3 -ftg ___ , % i ‘ '' ck % ' t N, ?. p t '1,-) c.• I ,, . i ""-- 4 ig .... 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