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Home My WebLink About20143445.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOVEMBER 3, 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, November 3, 2014, at the hour of 9:00 a.m. ID 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- EXCUSED 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 October 29, 2014, as printed. Commissioner Garcia seconded the motion, and it carried unanimously. .El CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings conducted on October 29, 2014, as follows: 1) USR14-0039 — Euden and Bianca Balderrama; 2) USR14-0045 — Bads Venture, LLC, Go Randy Kneebone; 3) USR14-0023 — Coulson Excavating Company, Go Varra Companies, Inc. Commissioner Conway seconded the motion, which carried unanimously. IR AMENDMENTS TO AGENDA: There were no amendments to the agenda. CONSENT AGENDA: Commissioner Freeman moved to approve the Consent Agenda as printed. Commissioner Garcia seconded the motion, and it carried unanimously. PROCLAMATIONS: F 1) CHILDHOOD CANCER AWARENESS WEEK, NOVEMBER 2-8, 2014: Chair Pro-tem Kirkmeyer read the certificate for the record. Minutes, November 3, 2014 2014-3445 It'�3II� Page 1 BC0016 ti PUBLIC INPUT: No public input was given. BIDS: a 1) PRESENT BID #61400187, ELECTRONIC HOME MONITORING SERVICES - SHERIFF'S OFFICE / ALTERNATIVE PROGRAMS: Marcia Walters, Department of Purchasing, presented this bid, which has four interested vendors and will be brought back to the Board with a recommendation on November 17, 2014. NEW BUSINESS: 1) CONSIDER CLARIFICATION REGARDING THE EFFECT OF RESOLUTION #2011-1675 — WELD COUNTY CORONER: Bruce Barker, County Attorney, explained this is to clarify that when Mark Ward was confirmed as Coroner by the Board in 2011, that also relieved Dr. Wilkerson of his position as County Coroner/Medical Examiner. Mark Ward, Coroner, was present to answer any questions. Commissioner Conway moved to approve said clarification. The motion was seconded by Commissioner Garcia, and it carried unanimously. 10 2) CONSIDER REQUEST TO WAIVE LATE FEE, APPROVE RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE FROM VIPER 2, INC., DBA BORDERLINE AND AUTHORIZE CHAIR TO SIGN: Bob Choate, Assistant County Attorney, said Viper 2, Inc. was late with their renewal application by less than a month and are requesting a waiver of the $500 late fee. They asserted that it was lost in the mail. Lisa Carpenter, Sheriff's Deputy, expressed concern that they do not appear to have food (such as sandwiches) as required by their tavern license, but instead had vending machines with chips and candy. Mr. Choate said the applicant has indicated they would restock and remedy that situation; however, a referral from Dan Joseph, Department of Public Health and Environment, said his department has not ever seen the appropriate food on the premises. Ms. Carter confirmed that they have the facilities to provide food, but they don't appear to have been in operation for about one year, and the owner indicated an understanding that they were not in compliance. Commissioner Conway moved to continue this matter for one week, until November 10, 2014, at 9:00 a.m. The motion, which was seconded by Commissioner Garcia, carried unanimously. a 3) CONSIDER FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT AND DELEGATE AUTHORITY TO THE WEED DIVISION SUPERVISOR TO APPROVE SAID AGREEMENTS: Tina Booton, Weed and Pest Specialist, reviewed the terms for services included in the form, with minor revisions and a change of delegation of authority, noting it was reviewed and approved by the County Attorney's Office. Commissioner Freeman moved to approve said form and authorize the Weed Division Supervisor to sign agreements consistent with the form. The motion, which was seconded by Commissioner Garcia, carried unanimously. IIEJ 4) CONSIDER FORM OF WELD COUNTY CHEMICAL WEED CONTROL COST SHARE AGREEMENT THROUGH WEST GREELEY CONSERVATION DISTRICT AND DELEGATE AUTHORITY TO THE WEED DIVISION SUPERVISOR TO APPROVE SAID AGREEMENTS: Ms. Booton reviewed the funding and cost-sharing with landowners and the change of delegation of authority. Commissioner Freeman moved to approve said form and authorize the Weed Division Supervisor to sign agreements consistent with the form. The motion, which was seconded by Commissioner Conway, carried unanimously. Minutes, November 3, 2014 2014-3445 Page 2 BC0016 • 5) CONSIDER FORM OF ERADICATION SPECIES CHEMICAL WEED CONTROL COST SHARE AGREEMENT AND DELEGATE AUTHORITY TO THE WEED DIVISION SUPERVISOR TO APPROVE SAID AGREEMENTS: Ms. Booton explained this is similar to the other items, the County covers 80 percent, up to a maximum of $700.00, for the eradication of Dalmatian toadflax, Absinth wormwood, and Diffuse knapweed, and she also noted the change of delegation of authority. Commissioner Freeman moved to approve said form and authorize the Weed Division Supervisor to sign agreements consistent with the form. The motion, which was seconded by Commissioner Conway, carried unanimously. ID 6) CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - FRANKLIN HOBART: Ms. Booton explained spraying for Dalmatian toadflax was carried out and the bill was sent to Mr. Hobart with no response, he was noticed of today's hearing as well. In response to Commissioner Conway, Ms. Booton confirmed this is not a tax lien, but is an encumbrance on the property in the amount of $1,336.80. Commissioner Conway moved to approve said certification. The motion, which was seconded by Commissioner Freeman, carried unanimously. • 7) CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - JAMES THOMPSON: Ms. Booton explained that this is the same situation and a multiple year issue. Mr. Thompson asserts he does not own the property, but the property is not yet in foreclosure. A $186.00 lien was assessed for mowing operations. Commissioner Garcia moved to approve said certification. The motion, which was seconded by Commissioner Conway, carried unanimously. e 8) CONSIDER CERTIFICATION OF WEED ENFORCEMENT LIEN - FRANK RAMOS: Ms. Booton explained this is also a multiple year situation. Mr. Ramos insists he has not heard from the County and also asserts that he sprayed before and after the County did. She outlined attempts to reach Mr. Ramos. Ms. Booton confirmed that Mr. Ramos has not presented invoices, but he indicated his neighbors saw the spraying and would provide that information. Commissioner Garcia noted that he County still spent the funds to spray this property due to a lack of communication on the part of Mr. Ramos. Commissioner Conway said that a continuance will just allow the Board to know all the facts. Commissioner Freeman concurred with Commissioner Garcia regarding County funds. Commissioner Conway moved to continue this matter until November 17, 2014, at 9:00 a.m. to allow staff to investigate the matter further. The motion, which was seconded by Commissioner Freeman, carried unanimously. el 9) CONSIDER CONTRACT TO BUY AND SELL REAL ESTATE (912 10TH STREET) FROM JORGENSEN, BROWNWELL AND PEPIN, P.C., ACCEPT COUNTERPROPOSAL, AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM TO SIGN ALL NECESSARY DOCUMENTS: Toby Taylor, Director of the Department of Buildings and Grounds, explained that the property fits in with the County's long- term Capital Plan, and the counterproposal will allow the owners would like to stay in the building for six months with a lease. Commissioner Garcia moved to approve said contract, accept the counterproposal, and authorize the Chair and/or Chair Pro-Tem to sign. Seconded by Commissioner Conway, the motion carried unanimously. Minutes, November 3, 2014 2014-3445 Page 3 BC0016 PLANNING: e 1) CONSIDER CORRECTED RESOLUTION CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR13-0066, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND GAS SUPPORT AND SERVICE (DISPOSAL AND RECYCLING SITES FOR PRODUCTION WASTE - A CLASS II UNDERGROUND INJECTION WELL) IN THE A (AGRICULTURAL) ZONE DISTRICT - NGL WATER SOLUTIONS DJ, LLC: Chris Gathman, Department of Planning Services, gave a brief history of the site and approval of this USR, noting the plat is still pending and has not been recorded under Circle B Land Company, LLC (a part of Bill Barrett Corporation, LLC), and the previously approved USR encumbered the entire 80 acres, while the operations area covered 11.74 acres. He said NGL Water Solutions DJ, LLC, has since purchased a portion of the property and proposed to operate the underground injection well. The lay-down and storage yard are no longer a part of this application, and the resolution will be modified to reflect the new ownership and removed storage area, and modify the legal description to: Lot A of Recorded Exemption RECX14-0110 located in part of the E1/2 SE1/4 of Section 27, Township 5 North, Range 61 West of the 6th P.M., Weld County, Colorado. The site will no longer be adjacent to CR 52, therefore, staff has added a Condition of Approval, #1.G.10, to indicate the 30-foot joint access and utility easement. This property is located in a rural area. Mr. Gathman noted that some changes have been made to the internal lay-out of the site and the footprint has been reduced in size. Representatives from the Departments of Public Works and Public Health and Environment were available to answer questions. (Clerk's note: This hearing was recessed at 9:34 a.m. for a land-use hearing, in order to give the applicant time to be present, the remainder of the audio for this item of business is available in Part ll of these minutes. This meeting was called back to order at 9:46 a.m., and the applicant was in attendance via conference call.) Mr.Gathman summarized what he stated prior to the recess regarding the proposed changes, including a new Condition of Approval requiring the 30-foot access and utility easement shall be indicated on the USR plat because the revised legal description is not adjacent to CR 52. Douglas White, Senior Vice President, stated that as NGL expands their operations to manage water in the basin, they reached an agreement with Bill Barrett, the producer; Circle B is Bill Barrett's land company, to purchase 6.22 acres this property, transfer the existing USR, and manage this well. The lay-down and construction yards have been removed. He said they are now handling Bill Barrett's water in this immediate area and this will reduce the number of truck trips necessary. He concluded this is the transfer of an existing fully approved USR. In response to Commissioner Garcia, he said NGL will not utilize the lay-down yard and outdoor storage, but Circle B will follow up with a new USR application for that use. Chair Pro-tem Kirkmeyer opened the floor to public comment and none was forthcoming. Mr. Gathman confirmed there were no Conditions of Approval or Development Standards that pertained to the lay-down yard or storage, and Mr. White confirmed that adding the easement to the plat would not be a problem. In response to Chair Pro-Tem Kirkmeyer, Mr. White said he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. Minutes, November 3, 2014 2014-3445 Page 4 BC0016 Commissioner Garcia moved to approve the request of NGL Water Solutions DJ, LLC, for a Corrected Resolution Concerning Site Specific Development Plan and Use by Special Review Permit, USR13-0066, for Mineral Resource Development Facilities, including Oil and Gas Support and Service (disposal and recycling sites for production waste — a Class II Underground Injection Well) in the A (Agricultural) Zone District. 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. No Ordinances were approved. 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 10:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: CCam�(( Ci .��,// LL EXCUSED C/ G .1C/Lo�cC Douglas Rademach , Chair Weld County Clerk to the Board iL rbara Kirkmeye , Pro-Tem BYr. De i Clerk to th Boars LS • ‘P• Sean P. Conway MI I tq ` ike Freeman tWAA, Will F. Garcia Minutes, November 3, 2014 2014-3445 Page 5 BC0016 Hello