HomeMy WebLinkAbout20140154.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 15, 2014
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, January 15, 2014, at the hour of 9:00 a.m.
e 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 Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Controller, Barbara Connolly
• MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of January 13, 2014, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
1) RECOGNITION OF SERVICES, DEPARTMENT OF HUMAN SERVICES - LORETTA
LLAMAS: Chair Rademacher read the certificate into the record honoring Ms. Llamas' service. Judy
Griego, Director of Department of Human Services, accepted the award on her behalf. Ms. Llamas
worked with clients in need of employment with success since 1986. The Board thanked her for a job
well done and wished her the best.
e PUBLIC INPUT: Christine and Curt Larson, Nicolett Darling, and Sheri Manweiler, County
residents, spoke in regard to a proposed PDC Energy oil and gas processing facility south of the Town
of Kersey that abuts their properties on Range View Drive and submitted documents marked Exhibit B.
Mr. Larson reviewed the scope of the site, including a plan to drill 8 horizontal wells, 32 400-barrel
tanks, 4-5 compressors, etc. He said this will be a manned 24/7 operation, with bright flood lights, 24
semi truck round trips per day during drilling/construction and 16 semis per day after that; the two lane
Minutes, January 15, 2014 2014-0154
I4
Page 1 BC0016
road access into Kersey is the only route, and they are concerned this will be disruptive to a peaceful
agricultural setting, detrimental to property values, and cause safety hazards/accidents, and traffic. Ms.
Larson said they were told there is another possible site 1.5 miles south, with less population, but that
would cost PDC more money to drill. Mr. Larson noted they have not been able to find anything of a
similar size or this close to residences to compare to the plan. Chair Rademacher said the only
jurisdiction the County has is over the access to the County road. Commissioner Kirkmeyer asked for
minutes from the January 2, 2014, meeting with PDC. Bruce Barker, County Attorney, confirmed PDC
will not need a USR for the compressor units. Ms. Larson asked about the long-range plan called for in
a recent Code change, and Commissioner Kirkmeyer said that might have some bearing on this. She
said PDC will need to look at noise and lighting mitigation; traffic is something the County can address.
She said she is willing to sit down and negotiate with PDC to get something more palatable for
everyone. Ms. Manweiler disagreed that mineral rights should trump surrounding property owners'
surface rights. Chair Rademacher noted this is usually a working agreement between the landowner
and the operator. Commissioner Conway concurred. Ms. Darling said this has a powerful impact on
people and the community, and they have the right to be left alone and to enjoy their homes.
Doug Meyer, County resident, spoke in regard to the Eaton Recreation District hearing held in
Weld District Court, noting that he is unclear about the deadline and submittal process for letters
requesting exemption before the January 24, 2014 Court date. He noted The Town of Eaton is
requesting a special election in May and needs to be required to provide adequate notification. Brad
Yatabe, Assistant County Attorney, reviewed that information, and the rights of new property owners.
El COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported on last Friday's
meeting of the new Groundwater Coalition, and he said Senator Brophy and Representative Fisher put
forth a depletion bill stating any prior depletions, determined prior to the flood, be deleted.
El Commissioner Kirkmeyer noted she may have to miss some Board meetings due to the Child
Welfare Committee meeting schedule. Commissioner Rademacher reported on a lively groundwater
discussion at the South Platte Roundtable.
BIDS:
1) APPROVE BID #B1300168, HONOR GUARD UNIFORMS - SHERIFF'S OFFICE: Trevor
Jiricek, Director of General Services, explained this bid was presented on October 30, 2013, and
withdrawn at that time. The bid was reinstated and will now be awarded to Neve's Uniform and
Equipment. Commissioner Garcia moved to approve said bid as recommended by staff. The motion
was seconded by Commissioner Conway, and it carried unanimously. Commissioner Conway noted
they have not had new uniforms since 2003. In response to Commissioner Kirkmeyer, Gerald Porter,
Sergeant with the Sheriffs Office and Honor Guard Member, explained they do around 60 missions per
year, such as the Pledge of Allegiance at sporting events; their main purpose is to provide funeral
honors, primarily for fallen officers and military veterans.
!U 2) APPROVE BID #61300195, COUNTY NEWSPAPER - DEPARTMENT OF FINANCE AND
ADMINISTRATION: Mr. Jiricek explained this bid was awarded to the Fort Lupton Press on
December 30, 2013; however, staff subsequently learned the Press did not meet regulations, as they
have no longer have an office located within the County, and, therefore, the bid will be awarded to The
Greeley Tribune. Commissioner Conway moved to rescind the former award and approve said bid as
recommended by staff. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously.
Minutes, January 15, 2014 2014-0154
Page 2 BC0016
NEW BUSINESS:
1) CONSIDER TASK ORDER CONTRACT FOR HEALTHY CORNER STORE PROJECT AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Director of Department of Public Health and
Environment, explained this item focuses on healthy eating and active living. He said his department
was already doing this work and were approached to receive additional funds to continue work in
communities that have convenience stores instead of access to large grocery stores. They connect
retailers to a private fund to upgrade facilities, enabling them to stock healthier foods. This initiative is
consistent with Colorado's state goals and does not require additional staff. He noted two stores in
east Greeley have received project funding so far, and they are beginning to work in Milliken and
Johnstown and along the 85 Corridor. Chair Rademacher expressed his appreciation that this is
reaching beyond Greeley. Commissioner Kirkmeyer moved to approve said task order contract and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
2) CONSIDER TEMPORARY CLOSURE OF INTERSECTION AT CRS 53 AND 64: Amy Joseph,
Department of Public Works, reviewed this closure for a culvert replacement. Commissioner Freeman
moved to approve said temporary intersection closure. The motion, which was seconded by
Commissioner Garcia, carried unanimously.
El 3) CONSIDER REQUEST TO WAIVE BID PROCEDURE CONCERNING SMALL TRACT OIL
AND GAS LEASE, ACCEPT OFFER TO LEASE MINERAL ACRE, AND AUTHORIZE CHAIR TO SIGN
- ROCKY MOUNTAIN HYDROCARBON, LLC: Esther Gesick, Clerk to the Board, explained this is a
small track lease on a right-of-way strip. They have paid the requisite fees and she recommended
approval. Commissioner Kirkmeyer moved to waive the bid procedure, accept offer to lease, and
authorize the Chair to sign. Commissioner Conway seconded the motion and it carried unanimously.
4) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR PAYMENT OF FEDERAL
MINERAL LEASE FUNDS FOR VARIOUS ROAD IMPROVEMENT PROJECTS AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY FEDERAL MINERAL LEASE ACT DISTRICT: Bruce Barker,
County Attorney, explained this is in regard to conducting business for the Board. Commissioner
Freeman explained the million dollars for the Hartford Project, which funded the water testing, was a
two-year contract ending soon. This agreement will ensure those continue. Commissioner Kirkmeyer
moved to approve said intergovernmental agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
PLANNING:
E 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT, USR13-0037 — KENNETH EVERITT (NORTH WATER
DEPOT): Elizabeth Relford, Department of Public Works, reviewed the location and requested the
Commissioners accept collateral in the form of a personal check. Commissioner Garcia moved to
approve said improvements agreement, accept collateral, and authorize the Chair to sign. The motion,
which was seconded by Commissioner Kirkmeyer, carried unanimously.
ID 2) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT, USR12-0002 - NORTH WELD COUNTY WATER DISTRICT:
Ms. Relford reported Public Works did a property inspection of required improvements for the release
and recommend approval. Weld County will retain the balance of $1,230.82 to serve as warranty
collateral for two years. Mr. Gathman concurred and reviewed the location. Commissioner Freeman
Minutes, January 15, 2014 2014-0154
Page 3 BC0016
moved to approve said partial cancellation. The motion, which was seconded by Commissioner
Conway, carried unanimously.
3) CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR A TEMPORARY WIND
MONITORING TOWER - GLOBAL WINDS HARVEST, INC.: Chris Gathman, Planning Services,
explained collateral of $5,000 was required, but the tower was not actually built, so Global Winds is
requesting that be returned, and staff recommends approval. Commissioner Conway moved to approve
said actions regarding collateral. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
4) CONSIDER AGREEMENT FOR THE EXCHANGE OF CERTAIN REAL PROPERTY AND
AUTHORIZE CHAIR TO SIGN - BIG THOMPSON INVESTMENT HOLDINGS, LLC, C/O MARK
GOLDSTEIN: Mr. Yatabe referred to the recent work session and explained that Weld County will
abandon the old grader shed on this property and build a new one, once the new shed is built, in
approximately one year's time, the County will move into it and the property will be transferred, giving
Big Thompson an industrial easement. He confirmed the subdivision convenances will not interfere
and said they are waiting on an Improvements Agreement as a pre-condition to the sale, and he
recommended approval for the mutual benefits. In response to Commissioner Conway, Toby Taylor,
Director of Buildings and Grounds, confirmed this is ready to move forward. Commissioner Conway
moved to approve said agreement and authorize Chair to sign. The motion, which was seconded by
Commissioner Kirkmeyer, carried unanimously.
5) CONSIDER NEW INTERIM ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR TRITON WATER DEPOT, AUTHORIZE
CHAIR TO SIGN, AND RETAIN COLLATERAL FOR SITE PLAN REVIEW, SPR12-0010, LOCATED IN
LOT ONE (1) OF THE NINE (9) LOT SUBDIVISION APPROVED IN MINOR SUBDIVISION,
MINF12-0001 - BIG THOMPSON INVESTMENT HOLDINGS, LLC, C/O MARK GOLDSTEIN:
Mr. Yatabe explained that the road maintenance agreement from April 2013, called for Big Thompson
to maintain CR 33; this agreement expands to cover more tenants on that stretch and potentially more
traffic. The Interim Agreement will be in effect until the property swap is done, providing access to
CR 44. Commissioner Freeman moved to approve said agreement, retain collateral, and authorize the
Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
Fri 6) CONSIDER INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW
PERMIT #1736 - ROBERT COLLINS: Chair Rademacher recused himself from this item. Kim Ogle,
Department of Planning Services, asked for a continuance because Mr. Collins was required in court.
Mr. Ogle said most of the Conditions of Approval have been addressed, and items remaining are the
Waste Handling Plan for disposal and recycling of used tires, batteries, etc., and completion of the
walkway between the residential mobile homes. Commissioner Garcia expressed a willingness to
approve a continuance, since the applicant has made significant effort. Commissioner Conway moved
to continue the matter until January 22, 2014 at 9:00 a.m.. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, January 15, 2014 2014-0154
Page 4 BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:02 a.m.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: 20.AeA ,_,,A f-ck c [z� ` c wic,.
Doypla Rademacher Chair
Weld County Clerk to the Board i
' B rbara Kirkmey r, Pro-Tern
BY: La
Deput Clerk to the Bo.��
Qv.p�
361 O kg, Sean P. Conway
'.. i r d to l -t.es
�®j b s Mike Free
Willia F. Garcia
Minutes, January 15, 2014 2014-0154
Page 5 BC0016
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Did you know?
There is a proposal by PDC Energy Company to construct a facility directly behind the Rangeview
Ranch subdivision (just outside Kersey city limit). As per the registered letter received and a meeting
with PDC Energy (January 2, 2014) this facility will contain the following (but will not be limited to):
• 8 oil wells
• 32 400 barrel tanks (1 barrel = 35 gallons)
• 4 or 5 compressors
• 8 separators
• Vapor recovery units
• Meter house
Concerns
• PDC said construction for this facility is scheduled to begin in August 2014. After construction,
drilling and fracking will continue for 6-8 months.
• PDC said when completed, this facility will be manned/staffed for 24 hours a day/7 days a
week/365 days a year, illuminated by bright floodlights.
• PDC predicts 24 trucks per day accessing the site during construction, and 16 trucks per day
after drilling. Traffic backups are probable on the 2 lane (with no shoulder) CR 53 as trucks
wait to turn east into the facility.
• Our quiet and peaceful community will be disrupted by noise from construction, drilling,
fracking, diesel truck traffic, compressors, alarms, etc., effectively converting a quiet
residential/agricultural area into an industrial one.
• Property values would be adversely affected, with a commensurate negative impact on resale
and/or ability to rent out existing homes
• Potential safety hazards include, but are not limited to, traffic accidents, ground water
contamination, industrial accidents, explosions, etc.
This proposed project will have an enormous impact on ` t. s .
our subdivision and the surrounding Kersey community. 1 . t 14
According to a representative at the January 2, 2014 meeting, PDC ruled out an
alternate site 1 % miles south of the proposed drilling site. We are requesting
that they reverse this decision. Drilling at the alternate site would give them the
opportunity to profit from oil extraction while also minimizing the impact on
adjoining residential areas.
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