HomeMy WebLinkAbout20140572.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 26, 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, February 26, 2014, 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 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 Conway moved to approve the minutes of the Board of County
Commissioners meeting of February 24, 2014, as printed. Commissioner Garcia seconded the motion,
and it carried unanimously.
ID READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Code Ordinance
#2014-5 by tape. Commissioner Conway seconded the motion, which carried unanimously.
a AMENDMENTS TO AGENDA: There were no amendments to the agenda.
CJ CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Freeman seconded the motion, and it carried unanimously.
El PUBLIC INPUT: No public input was given.
ID COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer reported on the Child
Welfare Allocations Committee meeting, noting the formula will likely not be changed this year - which
is good news. She reported on a conversation with the Colorado Department of Human Services
regarding performance incentives. She also testified in regard to Senate Bill 9, which would give
eminent domain powers to private companies, noting that three of the sponsors have removed their
names from the bill, and it now goes to the House of Representatives. IlEi Commissioner Garcia
stated that himself, as well as Commissioner Freeman, are in support of a new national holiday for the
opening day of baseball, proposed by Ozzie Smith, Hall of Fame shortstop for the St. Louis Cardinals.
Minutes, February 26, 2014 2014-0572
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BIDS:
Fl 1) APPROVE BID #61400023, TREE TRIMMING AND TREE REMOVAL MAINTENANCE
CONTRACT - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, staff
recommends the bid go to Arbor Service, this was a sole bid and is the same vendor as the past three
years, Joshua Holbrook, Department of Public Works, called vendors to find out why they did not bid;
however, this is a unique contract in a large County and requires large specialized equipment.
Mr. Holbrook confirmed they increase pricing annually by a very small percentage. Commissioner
Conway moved to approve staffs recommendation. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
El 2) APPROVE BID #61400039, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek reviewed staffs recommendation of Sherwin Williams for paint, and Potters
Industries for glass beads, and read the costs into the record. Curtis Hall, Department of Public Works,
confirmed that meeting a minimum order of glass beads would not be a problem. Commissioner Garcia
moved to approve staff's recommendation. Seconded by Commissioner Conway, the motion carried
unanimously.
Fl 3) APPROVE BID #61400040, 2014 CATTLEGUARDS - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek reviewed staffs recommendation of the low bid from Big R Bridge, in the amount of
$45,797.00. Commissioner Conway moved to approve staffs recommendation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
El 4) APPROVE BID#B1400043, GRAVEL PIT CRUSHING - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek stated staff recommended contracting J2 Contracting, at the North Fiscus Pit, and Dillon
Construction Company, at the Koskie Pit, for a total amount of$879,800.00, significantly under budget.
He noted two other gravel pits are also out for bid in 2015. Jay Mcdonald, Department of Public Works,
said after examining the cost aggregate of all the bids combined it seemed prudent to split the bid up,
which saved the County approximately $180,000.00. Commissioner Conway moved to approve staffs
recommendation. Seconded by Commissioner Freeman, the motion carried unanimously.
Fl 5) EMERGENCY APPROVAL OF BID #B1400044, CR 55 AND SH 392 INTERSECTION
IMPROVEMENTS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek stated staff is recommending the
low bid from Noraa Concrete and moved the approval up one week so crews can get the concrete and
get started, avoiding a conflict with spring irrigation water running in Owl Creek and other pressing
projects. In response to Commissioner Kirkmeyer, Richard White, Department of Public Works, said
the project needs to done in 35 calendar days and will be done by or before April; the flood delayed
putting out the bid. The total cost of the project is $609,563.80, with concrete 1/3 of that, and it is a 35
calendar day contract. In response to Commissioner Garcia, Mr. White confirmed the design engineer
projected a lower cost, but supply costs were higher than predicted. Commissioner Garcia moved to
approve staffs recommendation. Seconded by Commissioner Freeman, the motion carried
unanimously.
Ii 6) PRESENT BID #B1400054, ASPHALT SUPPLY - HOT AND WARM MIX FOR 2014 -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reported there are four interested vendors; this item
will be brought back with a recommendation from staff on March 12, 2014. In response to
Commissioner Kirkmeyer, Mr. Jiricek confirmed the cost of transport will be calculated into the choice of
vendors.
Minutes, February 26, 2014 2014-0572
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NEW BUSINESS
• 1) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION
OF PAY FOR JANUARY, 2014, AND AUTHORIZE CHAIR TO SIGN: Toby Taylor, Veteran's Officer,
presented the report from the State and certification of pay for the month of January. Commissioner
Rademacher stated the report is, once again, impressive.
El 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - LONGMONT HUMANE SOCIETY: Barbara Connolly, Controller, explained at the time of the
contract for the Weld County Humane Society approval the Board requested approaching Longmont as
well. She explained there is a negotiated rate with Longmont, per animal, with $28,000 up front- based
on 225 animals (dogs), but said Steve Reams, Sheriffs Deputy, said they would ensure that at least
that number of animals would be taken there. Commissioner Garcia said this will greatly improve
service in the southwest part of the County. Commissioner Conway commented this is customer
friendliness for the convenience of the entire County (not just those in proximity to Greeley), and also
saves time for the Sheriff's Office. Commissioner Garcia moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
E5 3) FIRST READING OF CODE ORDINANCE 2014-5, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY
CODE: Bruce Barker, County Attorney, explained this is regarding the Corporate Guarantee; size and
corporate net worth allows for this provision as stated in the Code change. Rich Hastings, Department
of Public Works, stated the original plan was just to add this provision to the Code, but he also took the
opportunity to clarify some of the language regarding on and off-site collateral. Chair Rademacher
opened the floor to public comment. Commissioner Kirkmeyer moved to approve said ordinance on first
reading. Seconded by Commissioner Conway, the motion carried unanimously.
PLANNING:
▪ 1) CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT USR-1708 FOR LONE STAR, LLC: Mr. Hastings explained this is the
start of the warranty period for an injection well, all improvements are completed, $422,000 will be
released, and $78,000.00 will be retained for the two-year warranty. Commissioner Conway moved to
approve said partial cancellation and release of collateral. The motion was seconded by Commissioner
Freeman, and it carried unanimously.
PLANNING OLD BUSINESS:
• 1) CONSIDER AMENDING FIGURE 24, WELD COUNTY FUNCTIONAL CLASSIFICATION MAP
OF THE 2035 WELD COUNTY TRANSPORTATION PLAN, AND AMEND CONDITIONS OF
APPROVAL FOR USE BY SPECIAL REVIEW PERMIT, USR13-0032 - PUBLIC SERVICE COMPANY
OF COLORADO (CON'T FROM 2/19/14): Elizabeth Relford, Department of Public Works, said staff is
fine with the request for 60-foot right-of-way for N. Balsam and 80-foot for CR 64, which is very
adequate. She noted the Board might want to include a policy in the comprehensive plan regarding the
long-range plans of the other communities in regard to the reservation of right-of-way.
E Bruce Barker, County Attorney, noted he met with the attorneys for Dennis Hoshiko and Patrick
Groom after this was considered last week, and read the resolution language for the record, "The
current right-of-way of N. Balsam Avenue was dedicated on the Map of the Colony Lands as Laid Out
by the Union Colony of Colorado, recorded in the Office of the Weld County Clerk and Recorder, at
Book 2, Page 41, on April 17, 1891. Future right-of-way width for N. Balsam Avenue (CR 41.5),
between CR's 62 and 64, is sixty feet (60'), thirty feet (30') on either side of the centerline of the
currently traveled roadway, the width and location of which is shown on this plat." He said that
Minutes, February 26, 2014 2014-0572
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adequately protects the County and explains the situation. El Patrick Groom, representing DCP
Midstream, Inc., said that language is acceptable, the future ri ht-of-way will be no greater than 60 feet
from the center line of the roadway; they have no objections. U Mr. Hoshiko said Hoshiko Farms now
feels adequately protected from the inadvertent dedication of future road right-of-way without fair-
market financial compensation, and he expressed gratitude for the time staff and the Commissioners
spent on resolving this issue. Commissioner Garcia moved to amend Figure 24 and the amended
Conditions of Approval for USR13-032. Seconded by Commissioner Conway, the motion carried
unanimously. Commissioner Kirkmeyer praised everyone for working together to resolve the issue and
this is an example of good faith negotiation from both DCP and Excel.
El 2) FINAL READING OF CODE ORDINANCE#2013-15, IN THE MATTER OF REPEALING AND
RE-ENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
(CON'T FROM 2/24/14): Commissioner Garcia moved to read by title only. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Mr. Barker read the title into the record.
Michelle Martin, Department of Planning Services, explained there are two parts to this ordinance. The
first is just a matter of cleaning up sections and numbering for ease of reference. The second part is
intended to open the lines of communication between the oil and gas industry and Weld County. Ms.
Martin reported there were two open houses, each with 40-50 industry representatives in attendance,
with round-table discussions to address industry concerns. E Commissioner Rademacher opened
the floor to public comment, and none was forthcoming. El Commissioner Kirkmeyer commented
that this was initiated by concerns with the industry's impact on the community, specifically incidents in
which 100 tank battery facilities were built without any outreach to the affected communities, and in
response to direction from the Board to look at three things: a vision for the future, enhancing
communication and avoiding additional regulatory burdens. She said herself, Tom Parko, Department
of Public Works, other staff from Public Works, the Office of Emergency Management, Environmental
Health, Planning, and Building Inspections, as well as the County Attorneys all worked on creating
these changes; she noted there were three work sessions, and open-houses with industry, and the
Board was kept informed throughout the process. Regarding the Planning Commission's denial, she
noted there was no consensus, opinions were varied, and she reviewed some of those comments.
Commissioner Kirkmeyer stated she has met numerous times this past year with constituents who are
not philosophically opposed to oil and gas, but are tired of light pollution, trash, and dangerous traffic.
She referred to the future of the industry in the State of Colorado, and expressed concern that 100
companies were invited to the open houses, yet only eight were represented. She said some don't
seem to understand there are unintended consequences to allowing the industry to alienate their
neighbors with huge tank battery facilities (of 80-100) when they have not communicated with local
government or the communities they are affecting. She noted that only three companies have come
before the Board to explain their plans and activities in the County; one was a relatively small company,
and it was very helpful to all parties. Commissioner Kirkmeyer said this is why she believes this code
change is so important to Weld County, and reiterated the benefits. El Commissioner Garcia
thanked Commissioner Kirkmeyer, and concurred with her outrage regarding the recent projects near
the communities of Longmont and Mead. He concurred this change was intended to address
constituent concerns while being as un-restrictive as possible; however, he is not in support.
Commissioner Garcia stated he also was surprised by the range of positions expressed by the Planning
Commission; he looks at this as a land-use concern, and strongly considers the philosophical issue that
small steps made toward regulation makes it easier to make further steps towards regulation. He
agreed there have been problems with some operators, this code change is the least restrictive
possible, and noted if there are continued issues, there will be more public pressure to take stronger
steps. E Commissioner Freeman concurred with Commissioner Garcia that starting down the path of
regulation is dangerous; however, this is more about community relations and could prevent
Minutes, February 26, 2014 2014-0572
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communities from rallying to pass fracking bans, which would have a devastating economic effect. He
said the public needs to realize local government is doing what they can to make sure the oil and gas
industry will be accountable to their neighbors. Ej Commissioner Conway expressed concern about
unintended consequences and how future Boards might interpret these changes. Although he
concurred with Commissioner Kirkmeyer that specific companies need to do a better job, he said most
of them do a good job with outreach. He stated the Planning Commission's denial indicates that
perhaps the Board needs to take a longer look at this; a code change is not needed to enhance
communication because not one company has been unwilling to come and speak with the Board after
they have been contacted by constituents with concerns/complaints. lEl Commissioner Rademacher
said that he has been opposed to this from the outset because one size does not fit all, the industry is
evolving quickly, the number of tanks on properties should not be regulated, and the industry has been
willing to do what they can to mitigate impacts to neighbors. In addition, the number of tanks may start
to decrease as production goes down and thus the impact will be reduced. 1 Mr. Parko said he
would like to move forward with the clean-up language and numbering portion of the code ordinance.
Ei Commissioner Kirkmeyer moved to delete the portions of the ordinance related to oil and gas and
approve the remainder. This motion was seconded by Commissioner Garcia, and it carried
unanimously. Ei Commissioner Kirkmeyer moved to approve amended Code Ordinance #2013-15
on Final Reading, as amended. Commissioner Garcia seconded the motion, which carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2013-5 was approved on First Reading and Code Ordinance
#2013-15 was approved on Final Reading, as amended.
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 10:04 a.m.
BOARD OF COUNTY COMMISSIONERS
- LD COUNTY LORADO
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ATTEST: ,�( ;, , Wpikkr
�/ G!d D la ad r Chair
Weld County Clerk to the Board
� pp A� Barbara Kirkmeyer, Pro-Tem
BY: QD{�phis. �C• .. ,,,.ramg
Depdty Clerk to the Bo 074 / A 1_._-> ay
8*; cw t Sean P. Conway
I t '; `=i .'"-P.
_ ft../ ike treema
,�a William F. Garcia
Minutes, February 26, 2014 2014-0572
Page 5 BC0016
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