HomeMy WebLinkAbout20153983.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 21, 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 21, 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
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
la MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 16, 2015, as printed. Commissioner Cozad seconded the motion,
and it carried unanimously.
la CERTIFICATION OF HEARINGS: Commissioner Cozad moved to approve the Certification of
Hearings conducted on December 16, 2015, as follows: 1) USR15-0049 - Tri-State Generation and
Transmission, Inc., and 2) USR15-0051 - Gabriel and Veila Robles. Commissioner Conway seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: Add item #7 under New Business to Consider Two (2) Tax
Increment Revenue Sharing Agreements and authorize Chair to sign - Town of Frederick/Frederick
Urban Renewal Authority. Commissioner Moreno moved to approve amending the Agenda and the
motion seconded by Commissioner Conway, carried unanimously.
la CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed.
Commissioner Moreno seconded the motion, and it carried unanimously.
PROCLAMATIONS:
1) TOP 10 CALL CENTERS IN THE U.S. - 2015: Chair Kirkmeyer read the proclamation for the
record. Mike Wallace, Director of Public Safety Communications, thanked the Board for their support.
Each of the Commissioners expressed thier congratulations on the work the Department of Public Safety
J Minutes, December 21, 2015 2015-3983
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Communications has accomplished and extended congratulations to the team. (Clerk's Note: the meeting
was paused for a photo opportunity.)
la PUBLIC INPUT: No public input was given.
la 1) APPROVE BID #B1500201, AVAMAR DATA PROTECTION CAPACITY LICENSES -
DEPARTMENT OF INFORMATION OF TECHNOLOGY: Ryan Rose, Director of the Department of
Information Technology, presented the three (3) bids and stated Venture Technologies proposed the
lowest cost solution for the total amount of$68,969.26. Commissioner Moreno requested an explanation
of the large discrepancies between the bidders. Commissioner Conway moved to approve said low bid.
The motion was seconded by Commissioner Moreno, and it carried unanimously.
PLANNING OLD BUSINESS:
1) FIRST READING OF CODE ORDINANCE #2015-27, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
(CON'T FROM 12/14/2015): Tom Parko, Department of Planning Services, presented the two (2) code
changes concerning the Confined Animal Feeding Operations (CAFO) and Solar Gardens. Richard
Miller, representative with Clean Energy Collective, presented a slide presentation and explained that his
company builds community solar sites. He expressed how the code would effect the community solar
power stating they would not be able to afford housing panels on industrial land. In response to
Commissioner Conway, Mr. Miller reported their facilities are 1 megawatt to 2 megawatt, and 3 to 4
megawatts would require about 16 acres. Mr. Miller responded to Chair Kirkmeyer stating a 6 to 12-acre
site would contain 12,000 panels. I2 John Sullivan, representative with Sunshare, presented a slide
presentation that dispayed the company overview and the upcoming projects with Solar Gardens. He
explained this code would limit Solar and deny the ability and opportunity to do projects on agricultural
land. He suggested if they have to use industrial land they would have to charge customers a premium.
He requested the Board keep the ordinance as is. The Weld County Comprehensive Plan is to protect
the surface owners' private property rights; the other is the County's energy diversity, wind, oil and gas,
and solar, and he explained they will partner with Excel Energy, as well as Weld County residents, offering
people a choice. In response to Chair Kirkmeyer, he stated they have one project that is in an Agricultural
zone. Chair Kirkmeyer stated there are concerns about the large utility solar facilties rather than a
community solar facility. Mr. Sullivan responded to Commissioner Conway stating the Boulder County
market is already saturated, therefore, there are no subscribers. Mr. Sullivan stated they have (2)
500-megawatt communities. aJudy Firestien, Greeley resident, stated she has been approached by
a company to lease their land for a solar farm. She doesn't want the code changed, otherwise, land
owners won't be allowed to have small solar farms. Chair Kirkmeyer explained she will not refer to solar
facilities as gardens or farms, they are actually a solar facility. In response to Commissioner Conway's
question, Ms. Firestien agreed the farm land that has panels on it will not be used for agricultural use
again. la Preston Hartman, representative of Sunshare, stated he submitted letters and summarized
key points from some landowners that were unable to make it to the meeting. Chair Kirkmeyer stated the
Board is willing to make some changes to the code. Troy Spraker, resident of Fort Collins, reported
he is against the proposed code and solar facilities mainly for visual aesthetic reasons. He stated he
believes once the solar panels are moved in, the industrial zone remains and it will limit use of the land.
He stated he would like to see more input from the public as this is an important issue. ID Linda
McKee, resident of Greeley, stated she believes it is a good idea to have solar in the County. She
explained she purchased dry farm land and would like to have solar energy for added income from solar.
11 Commissioner Cozad suggested two separate votes to separate the CAFO and the solar facilities,
and she suggested some changes for the first reading concerning the Agricultural zone. She stated solar
Minutes, December 21, 2015 2015-3983
Page 2 BC0016
helps promote economic development within the County. e= Chair Kirkmeyer requested Planning Staff
do some research on developing a USR in the Agricultural zone in regards to the Solar facilities.
Commissioner Cozad expressed it is hard to decide that one energy supply has a bigger impact over
another one. Commissioner Conway thanked the people that presented comments and expressed
Weld County is an energy diverse County. ER Commissioner Freeman stated he supports the smaller
solar farms. Commissioner Moreno moved to approve First Reading. Seconded by Commissioner
Freeman, the motion carried unanimously.
• 2) CONSIDER REQUEST FOR EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN FOR
CHANGE OF ZONE, PZ#1071, FOR ALDER ESTATES PUD- MEAD CROSSINGS, LLC (CON'T FROM
12/14/2015): Kim Ogle, Department of Planning Services, presented an email from the applicant
requesting a one (1) year extension. Commissioner Conway moved to approve a one (1) year extension
request for submittal of the Final Plan with quarterly reports. Seconded by Commissioner Cozad, the
motion carried unanimously. Chair Kirkmeyer stated she will be voting against this matter because this
is the sixth request and it has been over ten (10) years. (Clerk's Note: Upon a role call vote the motion
passed on 4 to 1 vote with Chair Kirkmeyer being opposed.)
NEW BUSINESS:
• 1) CONSIDER 2016 ANNUAL PROGRAM PLAN FOR CHILD SUPPORT SERVICES (CSS) AND
AUTHORIZE DIRECTOR OF HUMAN SERVICES TO SIGN: Judy Griego, Director of Human Services,
stated this is for an accurate assessment of the Child Support Services Program; it assesses the staff
working with the children. Commissioner Cozad moved to approve said plan and authorize the Director
of the Department of Human Services to sign. The motion was seconded by Commissioner Conway, and
it carried unanimously.
• 2) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2016 AND AUTHORIZE
CHAIR TO SIGN: Christopher Woodruff, Assessor, presented the Certification of Mill Levies.
Commissioner Conway moved to approve said certification for 2016 and authorize the Chair to sign.
Seconded by Commissioner Freeman, the motion carried unanimously.
• 3) CONSIDER AGREEMENT FOR CENTURYLINK TOTAL ADVANTAGE EXPRESS AND
AUTHORIZE CHAIR TO SIGN - CENTURYLINK SALES SOLUTIONS, INC: Ryan Rose, Director of
Department of Information Technology, presented the agreement with Centurylink which will provide the
faxes and alarms with the new phone system. Commissioner Moreno moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Cozad, the motion carried unanimously.
VR 4) CONSIDER MEMORANDUM OF UNDERSTANDING FOR EXTENSION PROGRAMS AND
AUTHORIZE CHAIR TO SIGN - COLORADO STATE UNIVERSITY EXTENSION: Bruce Barker, County
Attorney, presented the memorandum of understanding with the Colorado State University Extension.
Commissioner Moreno moved to approve said memorandum of understanding and authorize the Chair
to sign. Commissioner Freeman seconded the motion, and it carried unanimously.
• 5) CONSIDER AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS AND
AUTHORIZE ELECTRONIC SUBMITTAL BY CLERK TO THE BOARD: Toby Taylor, Director of
Buildings and Grounds, stated this is a grant request for a metal detector and video surveillance for the
courthouse. Commissioner Cozad moved to approve said agreement and authorize electronic submittal
by the Clerk to the Board. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, December 21, 2015 2015-3983
Page 3 BC0016
6) CONSIDER ACCEPTANCE OF WARRANTY DEED FOR CR 49 IMPROVEMENTS AND
AUTHORIZE CHAIR TO SIGN - HEARTLAND BIOGAS, LLC: Leon Sievers, Department of Public Works,
presented the details of the agreement in which Heartland Biogas, LLC, is to give part of County Road
49 to the County. Commissioner Conway moved to accept the Warranty Deed and authorize the Chair
to sign. Seconded by Commissioner Freeman, the motion carried unanimously.
7) CONSIDER APPROVAL OF TWO (2)TAX INCREMENTS REVENUE SHARING AGREEMENTS
AND AUTHORIZE CHAIR TO SIGN - TOWN OF FREDERICK/FREDERICK URBAN RENEWAL
AUTHORITY: Matt LeCerf, City Manager of the Town of Frederick, thanked the Board for accepting the
modified agreements and stated he is happy to continue the collaborative relationship with Weld County.
Commissioner Cozad moved to approve said agreements and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
PLANNING:
la 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR15-0031 - HARMS RANCH, LLC, C/O PINE BLUFFS
GRAVEL AND EXCAVATING, INC.: Rich Hastings, Department of Public Works, reported this will be
for a gravel pit. Commissioner Conway moved to approve said agreement, accept the collateral and
authorize the Chair to sign. The motion was seconded by Commissioner Cozad, and it carried
unanimously.
2) CONSIDER REQUEST TO PURSUE AN INJUNCTION AGAINST ROSA MELINDA CHICAS-
ARRIAZA, DBA BULLDOG TRUCKING, LLC, FOR VIOLATION OF THE WELD COUNTY CODE -
ZCV15-00155: Bethany Pascoe, Department of Public Works, stated the respondents were not present.
She displayed photos of the parcel that is in violation and gave the details pertaining to the business.
Ms. Pascoe explained staff still hasn't received the pre-application and recommends that the County
Attorney's Office pursue legal action, and since the applicants were not represented or present at the
meeting she recommended no delay of action. Frank Haug, Assistant County Attorney, suggested an
injunction be filed in District Court. Commissioner Conway moved to refer the matter to the County
Attorney to file an injunction in District Court. The motion was seconded by Commissioner Freeman and
it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2015-27 was approved on First Reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
Minutes, December 21, 2015 2015-3983
Page 4 BC0016
There being no further business, this meeting was adjourned at 10:36 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
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ATTEST: �� 1L1la_-- c ! a� _
rbara Kirkmeyer, hair
Weld County Cler to the Board / '► ,
/ / , ► "s- Freeman, Pro-Tem
B •
Deputy Clerk to the Board
. Prr. n P. Conway
J �2�
Ju ie A. Cozad
Steve Moreno
Minutes, December 21, 2015 2015-3983
Page 5 BC0016
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