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Home My WebLink About20123638.tiff STATE OF COLORADO WELD COUNTY BOARD OF COUNTY COMMISSIONERS WEDNESDAY, OCTOBER 19, 2011 10:00 A.M. HEARING IN RE: DORIS CUNNINGHAM #2011-58 TRANSCRIPT OF DIGITALLY RECORDED PARTIAL PROCEEDINGS BARBARA KIRKMEYER, Chair SEAN P. CONWAY, Pro-Tem WILLIAM F. GARCIA, Commissioner DAVID E. LONG, Commissioner DOUGLAS RADEMACHER, Commissioner ALSO PRESENT ESTHER GESICK, Acting Clerk to the Board BRUCE BARKER, County Attorney CHRIS GATHMAN, Planning Department Representative LAUREN LIGHT, Health Department Representative HEIDI HANSEN, Public Works Representative PUBLIC APPEARANCES PATSY DEINES, pg. 32. DOUGLAS WINTER, pg. 38 STEVE DEINES, pg. 43 BILL HALL, pg. 45 ARNIE FISCUS, pg. 48. 2012-3638 LauraMachen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 &alfru,Ln CkLtiiC'trA 2 1 [Proceedings of The Weld County Board of County Commissioners with all 2 commissioners in attendance, portion regarding Docket#2011-58, PL 2127, is transcribed 3 as follows:] 5 MADAM CHAIR: Okay. With that, we will move on to the next item on 6 our docket, which is Docket No. 2011-58, a Site Specific Development Plan and Use by 7 Special Review Permit#1789. (Sic) Mr. Barker. 8 MR. BARKER: This is Docket No. 2011-58. The applicant is Doris— 9 MADAM CHAIR: I'm sorry, I said 1789. I meant 1785. Excuse me. 10 MR. BARKER: It's all right. The applicant is Doris Cunningham. The 11 request is USR-1785, a Site Specific Development Plan and Use by Special Review 12 Permit for any Use, permitted as a Use by Right, Accessory Use, or Use by Special 13 Review, of a Commercial or Industrial Zoned District, provided that the property is not a 14 lot in approved or recorded subdivision plat, or lots, part of a map or plan filed prior to 15 adoption of any regulations, controlling subdivisions, oil field products, manufacturing in 16 the A (Agricultural) Zoned District. 17 Legal Description is Lot B, of Amended Recorded Exemption 991, being 18 part of the Northwest Quarter, Southwest Quarter, Section 2-7-66. Location is east of and 19 adjacent to Weld County Road 33, approximately one-half mile south of Weld County 20 Road 86. Notice for today's hearing was dated August 19, 2011, and published August 21 24, 2011, in the Fort Lupton Press. 22 MADAM CHAIR: Okay. Thank you. Chris. 23 MR. GATHAM: Good morning. Chris Gatham, with the Depailnient of 24 Planning Services. This is Case No. USR-1785, A Site Specific Development Plan and 25 Use by Special Review Permit for oilfield products manufacturing in the A (Agricultural) Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 3 1 Zoned District. 2 This USR is to correct a zoning violation in Case No. ZCV 11-00013, for 3 the presence of a commercial industrial operation without obtaining—first obtaining the 4 necessary Weld County zoning permits. 5 This complaint was received from a private citizen. Again, should the 6 application be approved and the plat recorded, this violation would be dismissed. If 7 denied, all storage should be removed within 30 days, or staff requests the case be 8 forwarded to the County Attorney's Office. 9 The site is located immediately to the south and west of two existing, 10 single-family residences. Another residence is located approximately 500 to 600 feet to 11 the northeast of the site, or northwest of the site, actually. Adjacent lands to the west and 12 to the east are agricultural in nature, crop lands. A surrounding property owner, in a 13 phone call received August 10, 2011, expressed concerns about the proposed business and 14 location of the existing structures from his property line. 15 Additionally, in an e-mail from a surrounding property owner received 16 August 7th, 2011, concerns were expressed regarding the hours of operation, number of 17 employees, outside painting and storage of equipment on site versus what is spelled out 18 in the application. 19 We've also received another e-mail, dated August 26, 2011. Concerns, 20 again, were expressed with the fumes associated with the painting, potential 21 inconsistencies with the application, concerns about running—potentially running two 22 businesses out of the property: excavation and an oil and gas support service. Also, 23 concerns about dust impacts in the traffic impacts from the business. 24 A letter was also submitted from the—at the Planning Commission 25 Hearing—from a doctor indicating the property owner to the north suffered from Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 4 1 migraines that are triggered by chemicals and concerns about painting exacerbating those 2 circumstances. 3 Finally, an e-mail was received from the adjacent property owner on 4 October 18th, indicating he was opposed to the use, because 1) it is not compatible with 5 the adjacent residential uses, and 2) the occupant has shown a poor record of compliance, 6 painting outdoors, the volume of truck traffic, the hours of operation, and 3) the site is too 7 small for the business; instances of equipment having been encroached over the property 8 line, and also trucks turning onto the adjacent property. He is thinking that the site is just 9 too small. 10 If approved— if the board approves this application, this property owner 11 requests that the following Conditions and Development Standards be a part of the 12 approval: the installation of a fence and tall visual barrier all along the property; noise 13 limitations compatible with single-family homes; filtered indoor paint booth required for 14 painting; and limiting hours of operation to normal work hours, 8:00 a.m. to 5:00 p.m., 15 Monday through Friday, for compatibility with the single-family residences. 16 Eleven referrals were sent out, and seven referral responses were received 17 from outside the referral agencies. Referral agencies either had indicated no comments, 18 or approval with conditions. 19 The site is located within the three-mile referral area for the Town of Ault, 20 and the Town of Pierce. The Town of Pierce indicated no conflict with their interests, 21 and no referral response was received from the Town of Ault. 22 This case was continued on September 6, 2011, to allow outside referral 23 agencies to review the request by the applicant to have painting of equipment on site. The 24 Division of Wildlife responded with no concerns, and the Department of Environmental 25 Health suggested an additional development standard be added. This development Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 5 1 standard number 19, requiring a valid air pollution emission APEN, until — if painting is 2 reduced to zero emissions. No additional referral comments have been received in 3 regards to that change. 4 The applicants have applied for an APEN, according to their application, 5 for up to 2.5 tons of VOC's annually. The APEN is currently under review by the State 6 of Colorado Department of Public Health and Environment. 7 Currently, according to the original documentation we have, the applicant is 8 proposing to paint outside, on the south side, of the existing shop building. I will defer to 9 the applicant's representative. It's my understanding that they are actually talking about 10 constructing a building to paint inside of. 11 Also, we have Phil Brewer, with our Environmental Health Department, 12 who works with the state on air pollution emission permits, that is available, if you have 13 any questions on the specifics of that. 14 The staff has proposed a number of development standards to address 15 potential compatibility issues and concerns raised by neighboring property owners. 16 Development Standards 3 through 5 outline hours of operation, number of employees and 17 number of semi tractor/trailers associated with the operation. 18 Additionally, staff is requiring that the parking, staging, storage area be 19 covered up and screened by a six-foot opaque fence. Additionally, staff is proposing 20 development standards that all proposed painting be conducted indoors. 21 The Planning Commission did recommend approval of this application at 22 their October 6th hearing. We have Lauren Light and Heidi Hansen available, also Phil 23 Brewer, in regards to the air pollution emissions permits. I would be happy to answer any 24 questions at this time, and I can certainly go through some pictures for you. 25 MADAM CHAIR: Okay. Pictures would be great. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 6 1 MR. GATHMAN: Pictures, again, so this is the building in question, 2 County Road 33. Their main access is up here. This is the nearest residence. Currently 3 they—this is an older photo — but currently they do have storage in this area and along 4 this side. 5 MADAM CHAIR: Storage of? 6 MR. GATHMAN: Storage of—they've got like stairs —they do have a 7 couple of cargo containers, which they will need to get a building permit for, for building 8 code requirements. They also have, you know, some vehicles and things out there. 9 Right now, their employee parking they're showing along here. I think 10 that— and I guess Heidi will address this—but I think for Public Works, they won't be 11 able to park on this access here. That'll have to be cleared off. This is just a site map. 12 This is a picture of the adjacent residence immediately to the north of the 13 site. This is the access road into the property. This is looking to the north, and the 14 residence is about 400 to 500 feet to the northeast— or northwest of the site. This is 15 directly across the street and this is looking to the south. 16 This is, I think, one of the buildings the operation is located in. And this is 17 the access into the site. And this is off of the west side of the building, so the front of the 18 building between the building and house. And this is the access. 19 This is their storage area to the east of, or behind the building. They've 20 got— they do have some agricultural equipment right there. 21 MADAM CHAIR: That's a—what are they painting? 22 MR. GATHMAN: It's my understanding, I think, they were painting stairs. 23 So this was back in August that they were doing some outside painting. 24 MADAM CHAIR: And they do a lot of painting outside? 25 MR. GATHMAN: Well, I don't know recently if they have. I mean, Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 7 1 according to their testimony it was— 2 MR. SIMPSON: May I answer her question? 3 MADAM CHAIR: No, not yet. Go ahead. Finish up. 4 MR. GATHMAN: Their original— some of the correspondence we had 5 from them is that they painted— over the past few months, they painted about four days. 6 MADAM CHAIR: Okay. 7 MR. GATHMAN: So not a lot. They also—part of their APEN they're 8 talking about having a—you know, I forget the term, but they're also painting when they 9 install the equipment so that they can get an APEN that will travel from place to place, so 10 they can paint what they're installing on the site that they're installing it on, versus 11 painting everything on this property. 12 MADAM CHAIR: Okay. 13 MR. GATHMAN: That's it. I'd be happy to answer questions. 14 MADAM CHAIR: Okay. Could you go back to the overview— 15 MR. GATHMAN: Sure. 16 MADAM CHAIR: —plat and show us on there where the painting was? 17 MR. GATHMAN: Sure. 18 MADAM CHAIR: Yeah, that one—or there. That would be great. 19 Approximately? 20 MR. GATHMAN: Yeah. It's approximately, I'd say, in this location. 21 MADAM CHAIR: Okay. Thank you. Those are my questions. 22 Commissioner Conway? 23 COMMISSIONER CONWAY: Yeah. Can you fast forward a couple of 24 those photos? I'll tell you when to stop. Right— keep going. Here. 25 MR. GATHMAN: Mm-hmm. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 8 1 COMMISSIONER CONWAY: Is that the nearest residence, right where 2 that camper is — 3 MR. GATHMAN: Mm-hmm.. 4 COMMISSIONER CONWAY: — and that house? Is that the nearest 5 residence? 6 MR. GATHMAN: Yes. There is actually— 7 COMMISSIONER CONWAY: Yeah, there is another one, if you go 8 forward a couple more. Right there. That's the nearest residence, and their parking, all 9 the employee parking is right on the — 10 MADAM CHAIR: Okay. To the right, on to the right is one of their 11 outbuildings, right? 12 MR. GATHMAN: Right. 13 COMMISSIONER CONWAY: Right. But see the red roof— 14 MADAM CHAIR: But over to the left, where you have the — 15 COMMISSIONER CONWAY: —to the corner, see where the camper is? 16 MADAM CHAIR: — is a residence. 17 MR. GATHMAN: Yeah. 18 COMMISSIONER CONWAY: That's the closest residence. 19 MR. GATHMAN: Correct. • 20 COMMISSIONER CONWAY: How far— what is it? That looks like 21 about 100 feet? 22 COMMISSIONER RADEMACHER: Not even that. To the property line? 23 COMMISSIONER CONWAY: Yeah. Pretty close. 24 MR. GATHMAN: It's closer to the garage, but yeah, here's the residence. 25 COMMISSIONER CONWAY: And how close is that residence? That's Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 9 1 the main entrance? 2 MR. GATHMAN: Yeah, this is the main. 3 COMMISSIONER CONWAY: Would you go back to the overhead shot? 4 Is that residence in that overhead shot? 5 MR. GATHMAN: Yes. 6 COMMISSIONER CONWAY: Can you point that out? 7 MR. GATHMAN: Sure. 8 COMMISSIONER CONWAY: Thank you. So there's the red house, or 9 the red-roofed house, to the right. 10 MADAM CHAIR: That's the garage and that's the— 11 MR. GATHMAN: Yes, that's garage; that's the house. 12 COMMISSIONER CONWAY: Okay. And then where's that other house 13 that you showed in that— 14 COMMISSIONER RADEMACHER: It's not on here. 15 MADAM CHAIR: Down here. The corner? 16 MR. GATHMAN: It's — 17 COMMISSIONER CONWAY: Oh, it's up above. 18 MR. GATHMAN: Right there. 19 COMMISSIONER CONWAY: Okay. So it's over in the corner. 20 MR. GATHMAN: There is another residence here, as well. 21 COMMISSIONER CONWAY: Oh. Is that the one on the road there, 22 that old— 23 MR. GATHMAN: Yeah. 24 COMMISSIONER CONWAY: —older house? 25 MR. GATHMAN: Yes. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 10 1 COMMISSIONER CONWAY: Okay. 2 MR. GATHMAN: Yes. And we haven't received any correspondence 3 from that property. 4 COMMISSIONER CONWAY: Okay. 5 MADAM CHAIR: All right. 6 COMMISSIONER CONWAY: And do we know if somebody lives there? 7 MR. GATHMAN: I think so. 8 COMMISSIONER RADEMACHER: We can ask a— 9 MADAM CHAIR: That's okay. 10 COMMISSIONER CONWAY: I'm sorry. I'll shut up. 11 MADAM CHAIR: That's all right. 12 COMMISSIONER CONWAY: I'm just trying to get a gate visual. 13 MADAM CHAIR: Commissioner Long, did you have a question? 14 COMMISSIONER LONG: It was answered. 15 MADAM CHAIR: Okay. Commissioner Rademacher. 16 COMMISSIONER RADEMACHER: Thank you, Madam Chair. Go— go 17 forward a couple of pictures. Right there. So that is the property line in the yellow? And 18 what are the complaints? They are encroaching when turning their trucks? 19 MR. GATHMAN: Yeah. It was in— 20 COMMISSIONER RADEMACHER: Is that where the issue is? 21 MR. GATHMAN: —the back area here. You know, this is obviously an 22 area photo, so this isn't exact. They did do an amended Record Exemption. See the 23 original parcel line is this in the blue, so this is approximately—they did a property 24 adjustment. They did not—they didn't change the back boundary here, so that—they had 25 done a Recorded Exemption, I think, 991, so this would have been, probably, early '90's, Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 11 1 late '80's. 2 COMMISSIONER RADEMACHER: Is it the same ownership to the east? 3 MR. GATHMAN: Yes. Along here, along here. 4 COMMISSIONER RADEMACHER: As the USR applicant? 5 MR. GATHMAN: No, actually it's not. No. 6 COMMISSIONER RADEMACHER: Okay. That's what I was — 7 MR. GATHMAN: No, it is different. 8 COMMISSIONER RADEMACHER: — getting at. Okay. Thank you. 9 MADAM CHAIR: Okay. So is there an easement or something in place, 10 for them to be able to go on to the other property? 11 MR. GATHMAN: Not that I've seen, so — 12 COMMISSIONER RADEMACHER: I think that's one of the issues. 13 MADAM CHAIR: Okay. Commissioner Garcia, do you have questions? 14 COMMISSIONER GARCIA: Not at this time, thank you. 15 MADAM CHAIR: Okay. Thank you. All right. Public Works. 16 MS. HANSEN: Heidi Hansen, Public Works. County Road 33 is classified 17 as a collector roadway, requiring 80 feet of right-of-way at build out, and in August 2010, 18 there were 1,056 vehicles on that roadway. 19 The applicant's comments, at PC seem to indicate their traffic may be 20 greater, possibly much greater than they had stated in their traffic narratives that they 21 provided with their application. Therefore, we would ask that Condition 8 on page 5 be 22 revised slightly. Right now that is an improvements agreement. 23 We didn't think that we had too much to be concerned about, so that states 24 that there will be an improvements agreement for screening of the facility. If we could 25 just take out "for screening of the facility," that would allow Public Works to include Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 12 1 triggers, in case traffic is greater than what was indicated in their narrative. So I would 2 suggest that change. 3 And then I also wanted to point out to the board that Development Standard 4 5. We added that as somewhat of an intensity control. It is based on their traffic 5 narrative. They said that they had two semi trucks that would be parked at the facility, so 6 we put that in as a development standard as an intensity control, but at PC he seemed to 7 say that they owned—they owned three currently. So I'm not- I'll let the applicant 8 address that, but I wanted to bring that to the Board's attention. 9 And parking on their plat, that they provided to us, is all shown along the 10 eastern property line. And we feel that that's appropriate for the neighbors, so that they 11 aren't parked pointing at the neighbors, and for emergency concerns so they aren't 12 blocking the access road. But that doesn't seem to be happening right now. There's a lot 13 of storage back there, so if it was approved like this, they would have to move things 14 around so they could park back there to stay in compliance. 15 And they did provide a water quality depression, so we got that. And I 16 think that's all I have, unless you have questions. 17 MADAM CHAIR: Does the Board have any questions of Public Works? 18 Commissioner? 19 COMMISSIONER CONWAY: Yeah, Chris, from her comments, could 20 we go back? Are there some photos that show— I saw the employee parking. I guess, it 21 was on the north side; is that right? Where the main entrance is? 22 MS. HANSEN: Mm-hnnn. 23 COMMISSIONER CONWAY: Can you show some pictures of the back 24 area where you are recommending employee parking, and what that looks like right now? 25 MS. HANSEN: So that's the east. Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 13 1 COMMISSIONER CONWAY: So that's where they're parking right now; 2 is that correct? The employee parking? 3 MR. GATHMAN: Yeah, they're parking— so they're parking right along 4 here. 5 COMMISSIONER CONWAY: That's on the north side, right? 6 MADAM CHAIR: Mm-hmm. 7 MR. GATHMAN: So this is kind of looking toward the back- 8 COMMISSIONER CONWAY: Back. That's east. 9 MR. GATHMAN: So yeah, they do have storage, so they'd have to — 10 COMMISSIONER CONWAY: Do we have an east shot— is that it? 11 MR. GATHMAN: Yeah. 12 COMMISSIONER CONWAY: So that's the equipment you were talking 13 about that would need to be moved around? 14 MS. HANSEN: Yes. So I don't know if it was their mistake that they— 15 they provided on the plat showing the parking along the eastern property line. It wasn't 16 something we would originally be recommending. But, I do think that it is a good idea 17 to, you know, have people parking along the eastern property line, instead of on the 18 access road, but with the way the site is right now, I don't know if that can happen. 19 COMMISSIONER CONWAY: Okay. So this is the visual; is that right, 20 Chris? 21 MR. GATHMAN: Yeah. Roughly, I think that's — 22 MADAM CHAIR: That's why they've got storage right along the east 23 side. Okay. 24 COMMISSIONER CONWAY: And I do have a question for Phil. Are we 25 going to get to him? Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 14 1 MADAM CHAIR: We will. I'll get him right now. Okay. 2 MS. LIGHT: Lauren Light, Environmental Health. Water is provided by a 3 commercial well. We do have a copy of that permit. 4 There's an existing septic system for that building which is sized for a six- 5 person, onion warehouse, so they're going to have to either enlarge that system, or they're 6 going to have to install a new one, since they have like 18 employees right now. That's 7 covered in Conditions of Approval. 8 They submitted a Dust Abatement, Waste Handling Plans, Dust Control. 9 They said they either use the water or mag chloride on there. And they didn't— it looks 10 like a recycled asphalt. I don't know if it's—it's not the whole site that's paved on there. 11 That might be an option for them, `cause I know dust was an issue for the neighbors. 12 Their Waste Plan states that employee waste is picked up weekly by Waste 13 Management. Anderson Salvage is used to dispose of their metal. Truck repairs would 14 be done off site. Any waste oil they're going to collect in approved barrels and use it in a 15 waste oil furnace. 16 And again, we didn't know about the painting until later, so we're asking 17 them to include how any paint is going to be disposed of that they have on site. And that's 18 why you still see a Waste Handling Plan in there. 19 You heard that an air emissions was turned into the State, and they're 20 reviewing it. Phil actually talked to the state, and sent the applicants an e-mail on 21 October 7th, with some suggestions from the State on what the applicant could do to 22 reduce some of the emissions. 23 At the Planning Commission Hearing, the neighbors were concerned, as 24 you heard, about the fumes from the site. The applicant has to meet the requirements of 25 Reg 2 of the State Air Quality Control Commission. And in this regulation, it states that Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 15 1 odors detected off site shall not equal or exceed the level of 15 to 1 dilution threshold. To 2 give you an idea of what that is, that's what's put on—even though Ag is exempt as 3 dairies come through—that is added to dairies and feedlots. So as close as those houses 4 may be, and Phil can give you an idea, even with that dilution threshold, there's still 5 going to be some kind of an odor from that. You probably want to talk to Phil a little bit 6 more, `cause he's the expert on this. 7 The noise level, that had come up as well; Development Standard 11. It 8 does restrict the noise to the commercial level which, as you know, is the same as the 9 residential level. So we have that Development Standard in there. And Development 10 Standards 6 through 20, are all environmental health items. 11 MADAM CHAIR: Okay. So just a quick question. I see in the Conditions 12 of Approval that the applicant has to provide evidence of submitting an application. 13 Where is it that they have to apply with the Air Quality Standards? 14 MS. LIGHT: Development Standard 19, they have to maintain a valid 15 APEN. 16 MADAM CHAIR: Oh, okay. Thank you. 17 COMMISSIONER CONWAY: Yeah. If Phil wouldn't mind coming up 18 and kind of expanding a little bit. 19 MADAM CHAIR: All right. Before we get there, did anyone have any 20 questions for Lauren? 21 COMMISSIONER CONWAY: Oh, I'm sorry. 22 MADAM CHAIR: No, you're okay. Just checking. All right. No? 23 MR. BREWER: Do you wish for me to proceed? 24 COMMISSIONER CONWAY: Well, yeah, she— 25 MADAM CHAIR: And you will need to state your name. Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 16 1 COMMISSIONER CONWAY: I'm sorry, Phil. 2 MR. BREWER: I am Phil Brewer. I am with the Weld County Department 3 of Public Health and Environment, Environmental Health Services section. 4 I was asked by the State Air Pollution Control Division of the State Health 5 Department to get back with the applicant with a few points that they are recommending. 6 One of them is that if the company is continuing to use an electrostatic technology, that 7 they use a high voltage method for an improved capture of particulate emissions. This 8 does not result in an improved capture of VOC's or the solvents that are used in paints. 9 They are recommending that per regulation, that paints containing greater 10 than 3.5 pounds of VOC's per gallon not be used; that paints used contain less than 3.5 11 pounds per gallon. 12 They are also requesting or asking me to review with them that they are sure 13 that their painters are using proper application techniques that include guns, the target 14 distance is proper, proper air pressure volume, pressure settings, proper practices for 15 overlap view and lag, and proper utilizations of proper angle orientation of the gun nozzle 16 to the surface to which the paint is being applied. 17 They are also recommending that they highly consider using powder 18 coating, rather than paint. Powder coating results in very little, if any, emission. I'm not 19 aware of any powder coating operation in Colorado that requires air permitting. 20 They asked that I comment to the applicant that the operation is in the 21 non-attainment area for the National Ambient Air Quality Standard for ozone. Spray 22 painting operations that are in Weld County, south of Weld County Road 100, are in this 23 Non-attainment Area. 24 Non-attainment means that we are required by the State Implementation 25 Plan to do everything possible to reduce VOC emissions in this Denver Front Range Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 17 1 Area. VOC's are the primary cause of high ground level ozone concentrations that are 2 toxic to, and a health problem, for people and the environment, directly inhaling VOC's is 3 not healthful— I'm sorry. That may not have sounded correct. Also, directly inhaling 4 VOC's is not healthful. 5 They asked that I also additionally comment to the applicant that most 6 likely, the applicant is not going to meet compliance with VOC emissions using paint 7 containing four or more pounds of VOC's per gallon. If they wish to continue to use 8 paint that is more than four pounds of VOC per gallon, that they'll be required to conduct 9 daily tracking of paint use and employ calculations each day of emissions of VOC's. 10 The daily records will be subject to examination at any time, upon request 11 by the CDPHE, the Air Pollution Control Division. If conversion to a paint that is 12 compliant, that is it has less VOC content than 3.5 pounds per gallon, they'll only have to 13 do annual tracking of use on emissions. 14 COMMISSIONER CONWAY: So Phil, this is in your Non-attainment 15 area, basically? 16 MR. BREWER: Yes. The Non-attainment area extends to Road 100, which 17 is at the north side of the Nunn. 18 COMMISSIONER CONWAY: And how far east is that go? 19 MR. BREWER: It goes way out to the County line. 20 COMMISSIONER CONWAY: Okay. Thank you. 21 MR. BREWER: The east county line. Excuse me. 22 COMMISSIONER CONWAY: Right. Ok. 23 MADAM CHAIR: All right. Any further questions? 24 COMMISSIONER CONWAY: No. He answered mine. 25 MADAM CHAIR: Any this way? Ok. Thank you. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 18 1 MR. BREWER: You're welcome. 2 MADAM CHAIR: You might as well stay right there. Would the 3 applicant or their representative like to come forward at this time? And if you would, 4 please state your name and address for the record, and then your comments with regard to 5 your application to the Board. 6 MR. SIMPSON: My name is Cliff Simpson. Business is at 41450 County 7 Road 33, Ault, Colorado. 8 First of all, I would like to apologize that this has changed since the day it 9 was started. We started this application process in the first of Jan- -- in the middle of 10 January of this year. January the 1st to February, and our business has grown greatly 11 since— in the year, so we have changed some stuff that's on that— has been going on. 12 Just to clarify some of the things that have been talked about this morning. 13 If we could go back a couple pictures, I'd like to show there —there was a 14 property line discrepancy between the two previous landowners and myself. 15 COMMISSIONER RADEMACHER: Yeah. Keep going. Keep going. 16 Keep going. Right there. 17 MR. SIMPSON: The property line to the east is one that, right now, is in 18 discrepancy, and also to the north. The property line to the east, when I leased the 19 property, and—to buy it, was described to me to be right out to here. This is where the 20 pavement ends, and everything else. 21 The county has brought dirt in to the site before, to bring in fill dirt from 22 them, and that was actually on the other— the other person's property at the time. So until 23 that was all cleared up, to this date now. We have got the property line established, 24 everything moved on to the other property line. 25 The only property line now that is being encroached is the north property Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 19 1 line where the driveway comes off from the neighbor to the north. Their driveway 2 encroaches on to the USR property. And to this — to this date, I haven't had a problem 3 with that. It's not affecting the way we're doing anything. But that, right now, is the only 4 property line encroachment there. 5 MADAM CHAIR: I'm sorry. Could you point that out, again, where the 6 encroachment is? Where you're saying the only encroachment is. 7 MR. SIMPSON: Right here there's about 4.5 to 5 feet of the driveway that 8 comes across on the property line. We have made no complaints or anything else, other 9 than that the complaints have been coming from across the — 10 COMMISSIONER RADEMACHER: So they're encroaching on you? 11 MR. SIMPSON: Yes. 12 COMMISSIONER RADEMACHER: Okay. 13 COMMISSIONER CONWAY: And where's the eastern line, again, while 14 you're up there? Is that the yellow line— 15 MR. SIMPSON: The eastern line— 16 COMMISSIONER CONWAY: —or is it farther up? 17 MR. SIMPSON: The eastern line is right in here. 18 MADAM CHAIR: That would be — 19 COMMISSIONER RADEMACHER: Southern line. 20 MR. SIMPSON: —right in here, if the clarity of the picture was actually a 21 little bit better, you could see it, but this drive actually comes out in here. 22 MR. SIMPSON: Myself and the property owner— 23 MADAM CHAIR: That's a (inaudible) 24 MR. SIMPSON: —have went out and established that boundary. I've taken 25 this dirt and established the boundary line here, to put my fence on top of, to be able to Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 20 1 maintain just the property boundaries there. We took that fill dirt, raised that elevation 2 2.5 feet there, so that we can keep, basically if there's any runoff, or anything else, it stays 3 on ours. We don't have it going onto theirs. 4 They're proposing in the future, they've asked about an opaque fence or 5 other structures, or you know, so that anybody can't see what we're doing. 6 What we're proposing right now, but haven't been able to put into place due 7 to building permits, staying off the build-off of the road. We're looking at putting in a 8 lean-to/storage area from here, going along this north, staying off of the boundary line. I 9 believe we were in touch with Chris, and the build-off on that is five feet. We'd like to 10 come off that five feet, and put a 13-foot high, at the rear lean-to facing south, so we can 11 put our storage area there and have our covered storage. That will limit the—any 12 headlight traffic or anything else that has been a problem with the neighbors. 13 MADAM CHAIR: Okay. So — 14 MR. SIMPSON: Right here, put a fence, so that we don't have any 15 boundary line across from there, whether it's trucks turning, or anything else. That's a 16 boundary line, and this one will come up to here. 17 COMMISSIONER RADEMACHER: So if you'll— sorry, Madam Chair. 18 MADAM CHAIR: That's okay. I just need you to come on back to the 19 microphone. Thanks. 20 COMMISSIONER RADEMACHER: Sony, Madam Chair. So the yellow 21 line to the east, Cliff, is that accurate the way it is now? 22 MR. SIMPSON: On this — on this one, no, it's not. It's actually right at 23 the white trailer. 24 COMMISSIONER RADEMACHER: Okay. Okay. 25 MR. SIMPSON: The— (inaudible - overspeak) — LauraMachen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 21 1 COMMISSIONER RADEMACHER: So your driveway won't be 2 encroaching on the east by far? 3 MR. SIMPSON: No. 4 COMMISSIONER RADEMACHER: Okay. 5 MR. SIMPSON: And that—the biggest reason that that was —yes, there 6 were—I'll admit that there have been trucks turning on that property. No, there was not a 7 right-of-way. That has been taken care of, will no longer be right there. 8 MADAM CHAIR: Okay. I'm sorry. Did you want to finish up telling us 9 about your project before we start in the — I'm sorry. We all have questions, so— 10 MR. SIMPSON: The last part of it, the painting that was talked about 11 earlier, that was suggested to be right in this area, the painting that you saw actually 12 happened right here, and that was a month-long project where we had an 80-foot oil field 13 trailer that couldn't fit inside the building to be worked on. We worked on it out there 14 and painted it when we were done. I think the pictures were taken within 10 minutes after 15 the trailer was actually out of the way, so — 16 The containers, the shipping containers that were being talked about were in 17 this area for storage. Those have, all but one, been removed. The biggest reason they 18 were there is that was the septic system there, and I didn't want anybody driving on top of 19 it. So I wanted to establish some boundaries there for the guys. That's all. 20 MADAM CHAIR: Okay. All right, Commissioner? 21 COMMISSIONER CONWAY: Yeah, I'm still unclear as to where the 22 eastern line is there. Is it the— 23 MR. SIMPSON: The eastern property line, is in this corner to here. 24 COMMISSIONER LONG: Okay. So that yellow line is not correct; is 25 that right? LauraMachen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 22 1 MR. SIMPSON: Right. 2 MADAM CHAIR: Okay. Commissioner Long? 3 COMMISSIONER LONG: The way you describe it, there's a problem 4 with the line. Is it your— is it in court right now where that line's going to be? Or is that 5 a settled issue? 6 MR. SIMPSON: The lines have been established with the RE. 7 Everything's been drawn up — 8 COMMISSIONER LONG: Okay. 9 MR. SIMPSON: —and everything's done there. I think this is just a 10 miscue on the— 11 COMMISSIONER LONG: Okay. Thank you. 12 MADAM CHAIR: Yes, go ahead. 13 COMMISSIONER RADEMACHER: And I just want to follow up to 14 make sure everybody's putting this on the record. So there's actually a survey that took 15 place to establish the lines? 16 MR. SIMPSON: Yes, sir. 17 COMMISSIONER CONWAY: And there's no —Madam Chair. 18 MADAM CHAIR: Yes. 19 COMMISSIONER CONWAY: And there's no dispute? 20 MR. SIMPSON: No. 21 MADAM CHAIR: Okay. Further questions from the board? All right. 22 So you said a lot has changed since January, when you filed your 23 application. And I notice on the title to your application, previously when your 24 application was filed, it said, "oil field products, manufacturing, and painting." And now 25 the painting part has been removed. So are you only going to paint indoors, or are you Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 23 1 painting at the facility, or what's going on there? 2 MR. SIMPSON: Complaints have been addressed. We've tried to address 3 them as much as possible. That's the reason we went through with the APEN. 4 The only way that we can— and this has been expressed by Mr. Brewer— 5 the only way we can take away the smell of paint is by removing paint completely. We 6 can't— if you paint indoors in a filtered paint booth it doesn't take away the smell of 7 paint. It just takes away the particulates. So the only way that we can do that is, we 8 applied for the APEN, so that the larger products that we make, we can then paint those 9 on site when we set them up, whether it be in an oil field, or for different places. 10 MADAM CHAIR: So you won't be painting that—painting them at your 11 facility? 12 MR. SIMPSON: We will be doing some painting. I'm not saying that 13 we're not going to be doing any painting, and I won't say that. There are certain items 14 that we do need to paint there before they leave. As much as we can, we have tried to 15 eliminate the problem. 16 We have been using electrostatic paint methods for the better part of 2 %2 17 years. All of our guys that use the—or that operate the electrostatic equipment are trained 18 by the dealers that bring their guns out. It's the same people that supply our paint, and the 19 paint—they do the paint removal, also. When they bring paint, they take the old cans 20 away so we don't have any of that stuff left on site. 21 The painting, as much as we can, we've been doing indoors. Some of the 22 projects that we build are very large in nature and just cannot physically be painted inside 23 the building, so that—that is the painting that's happened outdoors. 24 As far as the paint booth, we have not been able to put in a paint booth, due 25 to not being able to have a building permit, or anything else, until we get the USR, so Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 24 1 we've kind of got the cart before the horse, and we can't fix one problem without having 2 the other. 3 MADAM CHAIR: Okay. Just so I'm clear. Any painting that you do on 4 the site will be done indoors, and then the larger items that you can't paint indoors 5 because they're too big, you're going to paint at wherever you locate them at. 6 MR. SIMPSON: Wherever is the most feasible for us. If we can—that's 7 the reason we did the APEN, because it allows us to paint anywhere in the State of 8 Colorado— 9 MADAM CHAIR: Mm-hmm. 10 MR. SIMPSON: —whether that's on our site or a different site. As much 11 as we can, we will take the larger products away from the shop, but if there is some 12 painting that has to be done outside at our building, we would like the opportunity to do 13 that. We met up with the state and the county requirements to do that. 14 MADAM CHAIR: Okay. Commissioner? 15 COMMISSIONER RADEMACHER: Just to tag onto that a little bit. 16 Thank you, Madam Chair. 17 Obviously when you paint indoors it triggers all kinds of other rules and 18 regulations with the fire department and state. And correct me if I'm wrong, Phil. If they 19 use the type of paint that you described— I realize they're not going to get rid of the 20 fumes. That's been pretty clear. But it will reduce the particulate matter that goes into 21 the atmosphere; is that correct? 22 MR. BREWER: It will reduce not only particulate matter, but also the 23 solvents, the VOC's, the— 24 COMMISSIONER RADEMACHER: So it does reduce the— 25 MR. BREWER: —the hazardous matters that are in the paints, the liquid Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 25 1 parts, the solvent parts of the paints. Yes. 2 COMMISSIONER RADEMACHER: Okay. 3 MR.. BREWER: Yes. 4 COMMISSIONER CONWAY: And you're fine using that kind of paint? 5 MR. SIMPSON: Yeah. Nanex 3. And we've been using it, as that's the 6 best paint we can get. 7 MADAM CHAIR: Okay. Any further questions for the applicant? 8 COMMISSIONER CONWAY: Yeah. I do. 9 MADAM CHAIR: Okay. 10 COMMISSIONER CONWAY: I'm reading through the Planning 11 Commission notes here, and I noticed there was quite a lot of discussion, particularly 12 related to one of the planning commission members in terms of the site and the location, 13 and its close proximity. This is an industrial process. 14 Can you kind of give me some idea in terms of how the site loca- -- how 15 you came to locating the site? It's a former onion warehouse? Is that correct? 16 MR. SIMPSON: This site has been used— it was built in the '70's, I 17 believe? Harold Tateyama; they used it for onion storage and warehousing. After that it Y g g 18 was used for a trucking company; park all their trucks, did all their mechanic and 19 maintenance, drove their trucks in and out, did all their shipping/receiving there. 20 After that it was vacant for approximately two to —two to three years, and 21 then I came into the picture. 22 COMMISSIONER CONWAY: Okay. 23 MR. SIMPSON: So it's been— it's been a large trucking operation from 24 day one. 25 COMMISSIONER CONWAY: So it just wasn't an agricultural use? I'm Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 26 1 just trying to get caught up to its prior uses, and I'm certain that staff can assist me on 2 that. It used to be a commercial truck operation up there? 3 MR. GATHMAN: I don't know about a commercial truck operation. I 4 know that there is a—there is a Special Use Permit for the onion storage warehouse and it 5 talks about USR-490. 6 COMMISSIONER CONWAY: Right. It was agricultural use. 7 MR. GATHMAN: Yeah. It was a trucking operation. There wasn't an 8 amendment to that use. I don't know if that was — 9 COMMISSIONER CONWAY: So they just didn't get caught in a 10 violation. 11 MR. GATHMAN: Potentially, yeah. 12 COMMISSIONER CONWAY: And they weren't turned in, so — Okay. 13 MADAM CHAIR: Anything else—Yes. 14 COMMISSIONER RADEMACHER: Thank you. Chris, what's the total 15 acreage on the USR? 16 MR. GATHMAN: The site is — 17 COMMISSIONER RADEMACHER: I couldn't see it real clear. 18 MR. GATHMAN: Actually, I'll pull up a plat here. 19 COMMISSIONER RADEMACHER: Or Cliff, do you know? 20 MR. SIMPSON: What's that— 21 COMMISSIONER RADEMACHER: — the total size; acres. 22 MR. SIMPSON: It's a little over three and a half acres. 23 COMMISSIONER RADEMACHER: Three and a half acres? 24 MR. GATHMAN: Yes. 25 MADAM CHAIR: All right. Any other questions? Yes, Commissioner. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-l0-19-11 27 1 COMMISSIONER GARCIA: Thank you. Sir, there is a question regarding 2 the house that is on the southwest corner. 3 MR. SIMPSON: Mm-hmm. 4 COMMISSIONER GARCIA: Could you address that? If that's vacant or— 5 MR. SIMPSON: That is owned by Jeff and Tonya Van Dever. They've 6 been there since —before I was there. I have a good relationship, a good working 7 relationship and I have had no complaints, other than that. And they are— they are, by 8 far, the closest neighbor. 9 COMMISSIONER GARCIA: Okay. Thank you very much for that 10 information. And then there was a question or a comment about more than one business, 11 or something like that. So we have oil-field product manufacturing, and then we have 12 C&H Excavation. Are— is that— is that all one company— 13 MR. SIMPSON: Yes. 14 COMMISSIONER GARCIA: —and that's just one of the activities of the 15 excavation? 16 MR. SIMPSON: Yes. 17 COMMISSIONER GARCIA: Does the USR that you've presented to us 18 today include all of those activities of the excava- -- of the entirety of the company? 19 MR. SIMPSON: The excavation doesn't do anything other than house 20 equipment on site. All the excavation would do is off site, so the only thing that that 21 would include is where it says— on number five —where it says tractor trailers associated 22 with the business. That would be the only thing that would be included on there in 23 excavation. 24 COMMISSIONER GARCIA: And those are the two tractor trailers, I think 25 I saw on here? Laura Macben,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 28 1 MR. SIMPSON: Yeah. That's what it says on here. It would be limited to 2 two. The only problem that I have with that is, you know, we have— we did start this in 3 January. Business has grown. We needed more vehicles to do what we are doing. 4 I would like to be able to park the vehicles that I own that are associated 5 with the business there—the only reason that they are there is to be housed there. Come 6 in at night and leave in the morning. They're not there every day. 7 COMMISSIONER GARCIA: And you had— and someone had stated there 8 were three? 9 MR. SIMPSON: There are three tractor trailers owned by myself right now. 10 I would like the opportunity for growth within Weld County. I don't want to be limited to 11 only being as big as I am today, for the future. And instead of having to amend it every 12 time I buy a truck, I would like some room for growth in there, if that could be— if that 13 could be discussed. 14 COMMISSIONER GARCIA: Thank you. 15 COMMISSIONER RADEMACHER: I have that one circled too — 16 MADAM CHAIR: Okay. Any other questions for the applicant? Yes, 17 Commissioner. 18 COMMISSIONER LONG: I'm not sure you can answer, or whatever, but 19 just for the planning— or the staff's discussion, when it first presented. I heard kind of a 20 recurring theme about— an unsureness about what it is you're trying to do, how big you 21 want to go, or saying that you— 22 MR. SIMPSON: Mm-hmm. 23 COMMISSIONER LONG: — and you kind of talked about that as your 24 business has grown throughout this last year, since you put your application in. 25 And there's some problems within, I think, each area that's limited to the Laura Machen,Cert. Transcriber 303-798-0380 BOCC-weld-10-19-11 29 1 size that you want to be, or that you initially thought you're going to be at, to where 2 you're at now. And its going to be— I think that's part of the issues of it, so far. 3 I'm not really sure how to phrase this into a question, other than to say, are 4 you prepared to go to those extra lengths to accommodate, on this small space, the things 5 that are going to be required of you? And that's something you can answer later on, as 6 you get your final. Maybe just food for thought for now, `cause I'm hearing some 7 discrepancies, some — and uncertainties, and it's not necessarily a problem. 8 Well, it will be a problem if it's not accommodated for, but it would com- -- 9 associating your growth of the business, and what not. So I guess — don't answer it now. 10 Just food for thought. 11 MADAM CHAIR: Okay. Commissioner? 12 COMMISSIONER CONWAY: Thank you, Madam Chair. Yeah, I'd like to 13 kind of follow up with Commissioner Long. I'm kind of struggling the same way he is 14 struggling. It seems like you started out in January with a business plan and an idea of 15 how big the business was getting, and it's a— and it's a good thing. 16 MR. SIMPSON: Right. 17 COMMISSIONER CONWAY: It's far exceeded your expectations, so the 18 question then becomes —I think where Commissioner Long is going for in terms of food 19 for thought, and I don't have a way to put it in question form, either, but is this the 20 appropriate site, in terms of where your long-term vision is of where this business is 21 going to go? Because as you grow, it's going to have further requirements, further 22 impacts on your neighbors, which are going to drive certain costs, drive certain things. 23 And so I think the question is, in light of— I know you started out in 24 January with the idea that this might be a good location for the level of business you're 25 doing, and now it's because of your service— or your business plan, it's doing great, Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 30 1 which is wonderful. We like to see jobs created and economic opportunity in Weld 2 County. But the impacts, in terms of what the site location is, maybe this isn't the right 3 site location in terms of your long-term vision, in terms of the business. 4 And I think that's kind of what we're— and I'm— and that's why I asked, 5 how did you come to this location, and that's where I was going to go, where 6 Commissioner Long was going. 7 MR. SIMPSON: I can say I completely agree with you on where you're 8 coming from. I know that—I'll honestly stand here and say that in my long-term goals of 9 my business, I would hope to outgrow this site and have to move to a new one. And once 10 my business reaches that point, then I know that I'm going to have to move on to a larger 11 different site. That's the biggest reason I would like to do a USR on a piece of property 12 that I know that I can—that I can manage right now, that we can afford to do the business 13 that we're doing now. 14 I know that there are going to be requirements from what it was in the past 15 to what we have to do in the future, and yes, I am willing to meet up with those 16 requirements. 17 COMMISSIONER CONWAY: Okay. 18 MR. SIMPSON: With—the only discrepancy that I have is the boundaries 19 that are going to be drawn on the amount of business I can do there. And then I'm going 20 to need to make sure that I can base my business inside that. 21 COMMISSIONER CONWAY: Okay. Thank you. 22 MADAM CHAIR: Commissioner? 23 COMMISSIONER GARCIA: Thank you. And I want to thank you for the 24 comment you gave about the closest neighbor. Some— and reviewing the file, there were 25 some other comments from some other neighbors that were— that had concerns. Would Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 31 1 you address your outreach efforts to those neighbors, and the efforts you made on that? 2 MR. SIMPSON: Okay. I'll start with the— I'll need to back up a picture. 3 The neighbor across the road? 4 COMMISSIONER GARCIA: Mm-hmm. 5 MR. SIMPSON: I went to—I had heard that there was some— some 6 complaints about the business I was doing. Made the effort to go to his house and ask 7 him if there was a problem with what I was doing. 8 It turned into more of a personal debate on family histories and things that 9 have happened in the past with other people; not with what I was doing. And at that point 10 in time, it was getting more into a verbal bashing so I left. 11 The neighbor to — directly to the north, Steve and I have been in contact 12 several times. When he's come over to my place to express concerns, I've done 13 everything within my power to appease the neighbors. 14 No, I understand that they have to live there, too, but I also understand that 15 the building was there, and then the house was built afterwards. But that wasn't my 16 decision, to put in a house next door to this business, but as far as I'm concerned, I done 17 everything that I have been able to do to appease that—I've written letters on anything I 18 could do to help, with no correspondence back. 19 The only correspondence back that I've got is people coming into my office 20 saying to my mom and everybody that, "We wished you never would have moved in; 21 you've ruined our life." And there hasn't ever been any positives that have come in. 22 COMMISSIONER GARCIA: Thank you. 23 MADAM CHAIR: All right. Any further questions? Okay. Thank you 24 very much. All right. This is a public hearing. Is there anyone in the audience that 25 would like to come forward at this time and speak to the board with regard to this Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 32 1 application? If so, you need to come up to the microphone, and state your name and 2 address for the record, and then your comments to the Board. 3 MS. DEINES: I'm Patsy Deines. I live to the north of the property at 41474 4 County Road 33. Good Morning Commissioners. 5 Let me start by saying that my husband and I can appreciate any business 6 that is conducted properly that will provide more jobs, especially with our economic 7 structure. However, about 13 years ago, Mr. Simpson keeps referring to these existing 8 sheds. The Tateyamas previously owned this for onion storage. It was zoned agriculture. 9 It was a 160-acre farm. There were no neighbors living to the north, and the house that's 10 on the southwest corner is where they, themselves, lived. So there was no conflict. 11 However, Weld County approved of having this property split up into 12 acreages, making more of a residential rural, still agriculturally zoned area. 13 Twelve years ago, we purchased the five-acre corner of this property, 14 because we wanted to live in an agriculture clean neighborhood. We lived there before 15 the Cunningham's, and I'd like to state right now, since Mr. Simpson referred to a 16 commercial trucking company. 17 When Charlie was alive, he had two semi's and brought in a third. They 18 hauled produce to and from California. They came in, maybe on Friday or Saturday 19 night, parked the two trucks, and then on Monday morning came out and took them. The 20 rest of the time, all we ever saw was Doris in the office with one vehicle. So I don't think 21 this is very relevant to the problem at hand. 22 Now we have C & H Excavating, and we are confronted with some issues. 23 I'd like to ask, even though he's providing jobs to other people, and he wants to make 24 money, the way that this is going, it is taking away my property value, the ability for us to 25 sell our property, because it's made it into an undesirable place. So therefore, it Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 33 1 diminishes greatly the number of people who would be willing to come and purchase it 2 from us, should we need to sell. 3 When Tateyamas lived there, they could shut it down. No problems, no 4 conflict. We can't go over and ask them to shut the business down, nor would we. 5 However, we can no longer enjoy our yards and our patios. If you look at 6 the pictures, all of our patios and stuff face towards his property. It's not very many feet; 7 probably a hundred feet or so. I'm not real good at feet, but there we go. 8 There have been times when he has let three or four semi's park parallel 9 directly across from those semi's or from that property, our property, and left them 10 running. Diesel fumes have been horrendous. They've run not only for five minutes, but 11 up to two and three hours at a time, not moving, not being loaded, not being unloaded. 12 Twice we went over and asked politely to have them shut off, and asked if 13 they would discontinue this practice, since we're all living and he's trying to work so 14 closely to our home. The response that I got from Mr. Simpson was confrontational. He 15 threw up his arms, and said, "I'm not dealing with this, I'm busy," and stormed off 16 I've not found him to be willing to receive any ideas we have or concerns. 17 Yes, he has talked to my husband, and some of their conversations have been amicable, 18 but the result has always been the same. He reverts back to the fore practice. 19 I came home four weeks ago, on a Tuesday evening, September— I can't 20 remember— it was the last Tuesday of September, around 7:00 p.m. There was a setup 21 semi, one of their semi's, packed at the back door of this building. I went out to check on 22 some new kittens in my garage about 9:00. And this truck had been running from 7:00 23 and was still running at 9:00. I went back out to try and find a kitten that had strayed 24 away. Walked to the back of my property. And I could see these huge doors that you saw 25 on the sheds open, lights on, the truck was still running, and the fumes always wander Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 34 1 over to my bedroom, because my bedroom happens to be that direction. 2 So I don't know exactly what time it finally quit, but at 11:00 I need 3 to go to bed. And Mr. Simpson always refers to the fact that he shuts down at 6:00 or 4 7:00 p.m. It's not happening. If he has that much work to do, then he's exceeded his 5 limitations. 6 Paint fumes have been overwhelming. And yes, it's not illegal to paint 7 certain types of paint. However, when you live there and it's your home, this interrupts in 8 your ability to be able to sit out comfortably on the patio and have a drink, or eat your 9 dinner, or grill dinner. All I've been able to do is smell chemical fumes and taste dust. 10 The chemical fumes are one of the few—you heard the next candidate and 11 doctor's report—the fumes in most of the diesel exhaust do trigger my migraines. 12 I have some pictures here I'd like to submit to you and show— I don't 13 know. Do I bring them up to you, or— 14 COMMISSIONER CONWAY: You need to give them to Mr. Barker. 15 MS. DEINES: I don't know. Do I just hand you all these and you can refer 16 to the pictures as I'm talking? 17 MADAM CHAIR: Sure. And once you turn those in to us, we will keep 18 those for the record. 19 MS. DEINES: I've written on the backs (inaudible) — 20 MR. BARKER: Okay. 21 MS. DEINES: These pictures have been taken from my driveway or off of 22 my patio, and they've been taken probably in the last two or three weeks, periodically. 23 Mr. Simpson states that he only paints three or four times a month. When 24 we came to the Planning and Zoning Hearing on October 4th, he'd already painted three 25 days, and continued to paint the following week. So I think that his statement that he's Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 35 1 doing limited painting is untrue or there's something going on because the fumes 2 continue. 3 I'd also kind of like to refer to the letter that was written by Phil Brewer. 4 We had—we're living in one of the most restrictive scenarios and also the last comment. 5 This is our home and we take it seriously. I'm a little offended by the last statement he 6 relates to the fact that he told the applicant, Mr. Simpson just go—and these aren't exact 7 words, but it's sort of how it comes across—"Go ahead and paint. Just wait for the wind 8 to blow the right direction." Well, that might be a little humorous, but this is a serious 9 situation for us. 10 Mr. Stimson— Simpson, excuse me—also states that dust is not a problem. 11 The pictures you're seeing are probably right when he first came to this property, but they 12 can't be recently. He said its recycled asphalt has been brought in, road base, and there's 13 dust not only one time but all day long and continuously. There's a picture in there of a 14 truck leaving and you can't hardly even see the truck. 15 He's applied for a Special Use Permit, which you have addressed, starting 16 with employees up to 23. He's requested more than 18, and he's been amended to 18, but 17 we see daily 20 to 24 passenger cars. There's pictures there showing how he's parking 18 the semi's along that driveway that comes out to County Road 33, and the cars are already 19 all the way out to County Road 33. 20 He stated to you, again this morning, the economy has been good to him, 21 and therefore if you look at it, he's doubled or almost, maybe, tripled his business in the 22 last six months. I feel that he's definitely outgrown this property. 23 If you'll look on one of the pictures, he has so much storage in the back. 24 There's actually a picture— I don't know if you can tell which one it is—where a trash 25 dump truck is trying to come up and remove the trash, and he has a forklift picking up the Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 36 1 trash dumpster to bring it to the truck, because that picture actually shows how much 2 room for a truck to maneuver is back there. 3 There's one picture there that shows the new surveying stake. I have 4 marked it in red ink on the front, and how he hasn't shown encroachment, and used to put 5 all kinds of stuff on Mr. Parson's property, the person to the east. Mr. Parson, I believe it 6 was about two weeks ago, showed up. He actually called the County Sheriff and asked us 7 to remove it. Now all that stuff has been sitting there. 8 While I appreciate the use of his hay bales to block and buffer the property, 9 I believe this to be a safety issue. Some of his employees, by where they're parking, stand 10 there and smoke, throw cigarette butts out there, and I think it's become— could become a 11 fire hazard. 12 I don't approve or disapprove whether they smoke or not. I'm just 13 concerned about some of the things I see going on in the property with disregard to our 14 home. Not to mention the fact that hay bales will decompose over time and become 15 unsightly. He needs to address the issue now and put a lean-to up, but I'm wondering, 16 will there be restrictions on the quality of the lean-to, the appearance of the lean-to, 17 because this is bordering our property. 18 Let me just say in the quality of living, my quality of living, I feel has been 19 severely damaged by the noise and fumes and the dust. And I would like to also know 20 why a business can come in and be allowed to make money and have employees, which I 21 appreciate the job situation. However, I work very hard and my money is going into the 22 property we're maintaining. 23 And so I feel like you shouldn't have the right to come into an agriculture 24 zoned place, and infringe upon all the — of the closest neighbors. He says he's had no 25 issue with just Jeff and Debra. However, I believe it's Jeff's parents that own the Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 37 1 property; not Jeff. 2 Since Mr. Simpson does not actually own this property yet, I would ask that 3 perhaps he should very seriously consider to move to another property, because he— in 4 my opinion, and I believe that these pictures prove the fact, he has definitely outgrown it. 5 Should you find that you have to rule in favor of this, which I really hope 6 you don't, but, I would request there be no painting, at all, on site. He has the equipment 7 to do it off site. 8 I request that semi's and diesel trucks be turned off when they're not in 9 motion so that that would lessen the fumes. 10 I would also request no weekends. If he's going to infringe on our rights 11 and our property during the week, at least let us have our weekends. 12 And a permanent fence, opaque or otherwise chain link, be put around the 13 whole property to keep the trash and things off, not only from view, but from blowing 14 around. Thank you for your time. 15 MADAM CHAIR: Sure. Just a minute. Questions? 16 COMMISSIONER CONWAY: I have one. 17 MADAM CHAIR: Yes. 18 COMMISSIONER CONWAY: Did you say you moved there to the 19 property 13 years ago? 20 MS. DEINES: We bought the property twelve years ago, and have actually 21 lived there eleven. The County approved our plan of where we placed our home and 22 everything, even with these existing sheds. I think there's other uses for the sheds other 23 than what Mr. Simpson is doing. 24 When he originally came and there was only going to be eighteen or 25 thirteen employees, we really didn't have any adversity. He told us everything would be Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 38 1 included in the sheds, and I realize that things have grown out of hand unexpectedly to 2 him, but it's also been very unexpected and annoying to our part. 3 MADAM CHAIR: Okay. Other questions? All right. Thank you very 4 much. Is there anyone else who would like to come forward, please do? Yes. Come on 5 up. And again, if you would please state your name and address for the record as well, 6 and then your comments to the Board. 7 MR. WINTER: Okay. My name is Dustin Winter, and I do live on the— 8 across the street there to the — I think I've given (inaudible) -- 9 MADAM CHAIR: I'm sorry, you live where? I'm sorry. 10 MR. WINTER: I live on that corner. 11 MADAM CHAIR: Oh, over there in that corner? Okay. Thank you. 12 MR. WINTER: The type of business that Mr. Simpson is trying to do here 13 is not compatible with rural residential zoned an agriculture area. I mean, that's my 14 opinion. I feel like that should stick with the way it is. 15 My opin- -- and please correct me if I'm wrong. When a person is applying 16 for a USR, we were told by Planning and Zoning that it has to be a very specific and 17 detailed plan of how you're going to run your business, when you're going to run your 18 business, and what your business will be doing. 19 And so—but Mr. Simpson continues to make concessions on his own plan. 20 And I will use examples here. 21 At the Planning Commission meeting on October 4th, Mr. Simpson stated 22 that his business is dealing in raw material manufacturing, and that it requires paint. 23 However, this was never addressed in the original plan, until we called the Health 24 Department regarding strong paint fumes. 25 Since there has been an amendment— since then, there has been an Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 39 1 amendment for painting, (clearing throat) — excuse me —and he stated that he would only 2 paint three or four days a month. Most of his painting was done off site. 3 However, Mr. Simpson, on October 1st, a Saturday, was—painting was 4 done; October 3rd there was painting done; October 4th there was painting done; and 5 October 6th there was painting done. Already four days of painting in the first week of 6 October. 7 And what I do understand, according to Mr. Brewer, that the state does not 8 mandate paint fumes. And we understand that. Do we like it? No, we do not. But why 9 should we have to, people living in a rural residential-ag area, have to set here and smell 10 these paint fumes. And will these paint fumes be stronger in the winter when the air's 11 thicker? I don't know. It's just a question. 12 Mr. Simpson also stated in his plan that there would only be two trucks 13 parked on site. And I understand that, you know, now he's wanting three. Well, last 14 night, there were four trucks parked on site. And there's still one part, not counting these 15 four, parked in the back that have no engine. And this truck has been there the entire 16 summer. And that has been reported to the Planning Commission, along with other 17 salvage parts, items such as utility beds off of pickup trucks, rear ends out of semi trucks, 18 tarps, other numerous materials. So now we're beginning to wonder if it's become a 19 junk yard. 20 Mr. Simpson's original plans stated 13 employees. I don't even have—I 21 don't even have a clue what his amendment is for employees now. It's changed a lot, but 22 it's up to 25, whatever it is, he has doubled. And that's awesome. I mean, if Mr. 23 Simpson's business is doing as well as he says it is, in— and especially in the last six 24 months, I think he's outgrown his property already. He hasn't even been there a year. 25 Excuse me. When Mr. Simpson was asked to move all of the property off Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 40 1 of the neighboring land to the east, that stuff was all brought up into his own property, but 2 now there is so much room back there, I don't even know where there's going to be room 3 for additional cars. 4 And is there a fire lane? Do you have to have a fire lane? How would 5 emergency vehicles get into the area with the excessive cars equipment, raw material and 6 finish products. 7 And since the pictures were taken that you guys had of Mr. Simpson's 8 equipment back there, there's a lot more stuff back there now. A lot more. 9 The plan states also that water or magnesium chloride will be used to 10 contain the dust. You've seen the pictures. Nothing has been done. Not even a water 11 truck. Nothing. 12 You know, Mr. Simpson also states that, you know, in his plan that he's 13 going to be running at 7:00 a.m. Business has been up and running at 6:00 a.m. the entire 14 summer. And sometimes Saturdays. And his plan states Monday through Friday. 15 So I guess my question is, how can a person that is plotting for a very 16 detailed plan, continue to make changes on the go? Mr. Simpson has consistently 17 disregarded his own plans in the entire time that this business has been running. He 18 appears to have no intention of following any of his plans or any mandated regulations. 19 He has, and continues to be, in violation of numerous ordinances, and I guess our concern 20 is, how can you run a business when you're not even supposed to be, `cause he's not. 21 And then his system, his business does need a new septic system. And I 22 don't know the lady's name at the Health Department—I'm sorry—but they do say that 23 they have a plan to put in a new septic system and from my understanding it is south of 24 the property. Well, there is open ditch irrigation right south of that property on that ag 25 land, and I know that that should have some issue with the septic system. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 41 1 Mr. Simpson also stated in the meeting and today, that only two of the three 2 neighbors have had any complaints with this, and the closest resident has not complained. 3 Well, this residence is in line to do a property exchange with Mr. Simpson, if he gets this 4 property bought. And that has been filed, if I'm not mistaken. And that will greatly 5 benefit this residence. Can I kind of show you— 6 MADAM CHAIR: Sure. 7 MR. WINTER: —what my understanding is? 8 The yellow line is Doris Cunningham's property, Mr. Simpson's property. 9 Well, the driveway to this residence is on Mr. Simpson's property. So this property does 10 not own its own driveway. 11 And my understanding is that the property exchange that Van Devers and 12 Mr. Simpson will perform, will bring Mr. Van Dever's property line right there. And 13 if you look at some of them pictures, they actually show a rope fence that Mr. Simpson 14 has in the pictures currently, and that, I believe, is the proposed property that 15 Van Dever's will — 16 MR. GATHMAN: Oh, sorry. I just wanted to show you the property line 17 that— 18 MR. WINTER: Okay. Okay. So here would be the new proposed site. So 19 Mr. —Mr. Van Dever has a lot of gain by Mr. Simpson— 20 MADAM CHAIR: I understand. 21 MR. WINTER: —buying this. So I believe that's a very good reason why 22 that residence has not complained. We just feel, you know, that this is not compatible. It 23 does not jive with rural residential-ag area. And Mr. Holtland— Holton? 24 MR. CONWAY: Holton. Mm-hmm. 25 MR. WINTER: At the end of the Planning Commission Hearing he did Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 42 1 recommend that, in the future, Mr. Simpson move his business to an outlying property 2 and we believe that the future is now. Mr. Simpson has grown out from this property 3 already. That is very evident. 4 And there is a commercial zoned areas in the nearby area. That would— I 5 think—be more compatible with Mr. Simpson's business, and allow him to grow and 6 prosper with the way he says he is. Thank you. 7 MADAM CHAIR: Sure. Thank you. Questions? Does anyone have any 8 questions? And I'm sorry, you said within the application that—how many employees 9 were identified within the original application? 10 MR. WINTER: I thought thirteen. 11 MADAM CHAIR: I thought so too. I'm just going to check. Would you— 12 MR. WINTER: I believe it was, but I mean, I- 13 MADAM CHAIR: — it sounds like you've read through it all. 14 MR. WINTER: — it's changed so many times, I don't know. 15 MADAM CHAIR: Okay. 16 COMMISSIONER CONWAY: I guess I'll ask this question (inaudible) 17 spare. Is there anything Mr. Simpson could do in terms of the existing operation which 18 might mitigate or make this less onerous in terms of you as a neighbor, in terms of this 19 site, or do you think he's just gotten to the point where— it's so — and it's a good thing. 20 MR. WINTER: No, it is. 21 COMMISSIONER CONWAY: -I agree. He's had a huge amount of 22 success. The site just isn't able to accommodate those kinds of mitigations. 23 MR. WINTER: Well, I really wish we had pictures—and I guess I'd take 24 the ownership on that. His business is packed. I mean, it's packed. The parking— could 25 you go back to that other picture to make sure,just the yellow line deal? Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-I 1 43 1 MR. BARKER: Maybe they have a better picture in their hands -- 2 MR. WINTER: This —this parking. Mr. Simpson has all of his employees 3 park. 4 COMMISSIONER CONWAY: Yeah. 5 MR. WINTER: The back edge — the west edge of this building, the cars are 6 parked from here all the way to where all the equipment and stuff is parked. It's packed. 7 And all of this area is stacked full of them step-over ladders. There's tanks —there's 8 trailers — 9 COMMISSIONER CONWAY: It's — 10 MR. WINTER: — it's full. It's full. 11 COMMISSIONER CONWAY: Yes. The pictures that were submitted by 12 the previous witness has all that. 13 MR. WINTER: Okay. It's full. 14 COMMISSIONER CONWAY: So it's pretty evident that you want— 15 Okay. Thank you. 16 MR. WINTER: All right. 17 MADAM CHAIR: Thank you. Are there any further questions? Okay. Is 18 there anyone else in the public that would like to come forward, please do. 19 MR. DEINES: My name's Steve Deines, and I'm Patsy's husband, the 20 property owner to the north. 41474 County Road 33. 21 There's been so much said already, I'll try to keep it short. I feel like I'm 22 making closing arguments to the jury here, and I don't make a very good lawyer. 23 I'm just—up until this point I have to admit, gentlemen, I've been a little 24 disappointed in my county government. I don't understand when somebody's in a zoning 25 violation how come they aren't shut down until everything is taken care o£ When my Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 44 1 wife and I built our house, we couldn't move in until the building permits were taken care 2 of, inspections were done. We weren't allowed to move in. 3 I guess—I feel like maybe, the next time I get a speeding ticket, I'll go to 4 the Planning Department, and see if they can't get the speed limit changed in my— I don't 5 know. I'm very frustrated with the whole process. I really am. But enough with the 6 courtroom humor. 7 Early on, Mr. Simpson and I did discuss things. And it was — in the very 8 beginning, it was very amicable. But as the business grew, and as the noise got more, and 9 the paint fumes came—originally there was no painting at the place. Yeah, as things 10 grew, there became problems. And I was — Cliff came to me and said, "If there's 11 something I can do to help, let me know." 12 A couple, three times, I went over with the idling diesel problem. And one 13 time was good. The second time was when he threw up his arms and got very 14 confrontational. "I haven't got time for this. I've got a job to do." 15 He originally asked for help, and I was willing to try to work. But as 16 everybody's said, gentleman, it's just gotten out of hand. There's too much going on. 17 There's too many—too many paint fumes, too much noise. 18 Everything's pretty much been discussed. I'm going to —I'm going to 19 dispense with all of it, really. I think you've heard enough. You've seen pictures. 20 In the event that you do feel the need to okay this, which again, I hope you 21 don't, I would like some concessions. The fencing, if we don't do that to lean-to, I would 22 like no less than an 8-foot fence, not 6-foot. An 8-foot opaque fence, which is about the 23 height of the current straw bales. And again, completely around, as the plan calls for. 24 I would like no painting as well. Mr. Simpson stated at the Planning 25 Commission meeting, that 95 percent of his painting is done off site. If he's only doing Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 45 1 five percent on site, I don't know why he can't do it off site. 2 If that isn't acceptable, and he's going to paint—he said he only paints four 3 days a month, whatever, could the painting be done on Monday through Thursday, if there 4 is any painting, so that I can have my weekends back with my friends and relatives and 5 enjoy my property? 6 I think that pretty much— in closing, I just—look at the facts closely and ask 7 yourselves if you want to live this close to this. I was already there. I'll quote from the 8 Weld County Right to Farm clause. "A person moving into a rural area must recognize 9 and accept that there are drawbacks, including conflicts and long-standing agricultural 10 processes." I moved there knowing I would have to smell manure. I like the smell of 11 manure. That's why I moved. But not paint fumes. 12 Along with the drawbacks come incentives, which attract urban dwellers to 13 relocate to rural areas, both from view, spaciousness, wildlife, lack of city noise and 14 congestion. The rural atmosphere way of life. That's why I came here. I urge you to 15 leave it that way. Thank you. 16 MADAM CHAIR: All right. Does the Board have any questions for Mr. 17 Deines? Okay. Thank you very much. Is there anyone else who would like to come 18 forward at this time as a member of the public, 19 MR. HALL: My name is Bill Hall, and I live at 32702 Vista Lake Road in 20 Greeley. The reason I'm coming up is, I'm a Realtor in the area, have been for quite 21 awhile. I'm very familiar with this building. 22 The Tateyama's were friends of mine. We had discussions with the 23 Tateyama's about the building, also about the truck traffic that was there when they were 24 an onion storage facility. They were actually processing the onions there. And so there 25 seems to be a bit of discrepancy here, and I know that there is agricultural use, but there is Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 46 1 agriculture industrial use. 2 And what used to happen there was, there was a whole bunch of onions 3 processed and there was over 400 trucks a month coming in and out of this place during 4 harvest times. So it's not like we're taking something that used to be an apple, and now 5 we're going to turn it into an orange, w here they are both fruit, but that's not going to be 6 the way it is. The use is not drastically changing as what seems to be pointed out. 7 The other thing that I just want to bring to a point is that Mrs. Cunningham 8 has been asked why some people, a neighbor, Mr. Winter's father-in-law, to the best of 9 my knowledge, anyway, that they want to turn this into a rental unit. So it seems maybe 10 there's a conflict of them wanting this building for another business; that they don't want 11 the current business that's in there to be there. So I just want to bring that to your 12 attention. And this is coming from the current owner. 13 Another thing that I wanted to bring up is, that from the month of March 14 through July, these guys have painted five days, and that's not all day long. They've 15 painted— if there was a farm machinery place there, or a farmer, he could go out and paint 16 his tractor there. Would that make—make it change? No. 17 So I don't think, you know, that we're really trying to drastically change the 18 use there. So other than that, I think that's about all I have to say. 19 You would think that we were running a— I say "we"—I'm friends with the 20 Simpsons, and that's why I say I'm including myself. Actually, Cliff's grandfather's been 21 a friend of mine. He took me on a 4-H camping trip back when I was about 15 years old, 22 so I've known the family for years. But—and that's the reason I'm getting up to speak 23 about this. 24 I guess one other point. There seems to be some misunderstanding. I 25 helped the Simpsons with their RE that gave you the new property lines that you've Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 47 1 showed up there. The original portion, the way that it was split up was done really in a 2 confusing fashion. And I think it had to do when the Tateyama's actually lost that in a 3 foreclosure process. And so the lines were — actually the old RE portion of it, the septic 4 system for the existing building, large manufacturing building, was on the other people's 5 property. It was— it was a complete mess. 6 And so when I went to Planning, and we talked about it, we said that it 7 would be much—make much more sense to straighten these lines out and get it in 8 accordance to where the properties are. So as far as being a huge benefit to the Van 9 Devers, I don't think that it is. 10 The other thing that I do—I guess it's kind of confusing to me, is that the 11 Van Devers aren't here to complain, and they live closer than any of the neighbors. And 12 actually the painting goes closer to them than any of the other neighbors. 13 So that's all that I have to say, and it— I think that the Simpson's would do 14 a good job, as far as trying to be as compatible as possible with their neighbors. 15 MADAM CHAIR: Sure. Don't go. Questions? Can you tell me how long 16 onion harvest is? 17 MR. HALL: Well, actually it wouldn't be just the harvest. The harvest 18 itself, you know, that would only probably be maybe a two or three-week period, 19 something like that. But then you go from there—you're taking onions out, they're 20 selling onions to the market all during the year. So, there could be, you know, two or 21 three trucks a day in and out of there to get rid of the onions. 22 MADAM CHAIR: Sure. I understand that. And then the other question is, 23 I know the Tateyama's as well,just so we all are clear on that. But did they do painting at 24 the facility? 25 MR. HALL: No. But I will tell you, after the— after the Cunningham's Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 48 1 bought this, and used it as a trucking facility, there were other businesses in there. And 2 one of his — one of Doris's nephews actually did painting there. They had stock cars in 3 there that they worked on, late at night, running the engines. 4 But the problem is, they weren't applying for a USR, so that didn't come 5 under anybody's scrutiny. 6 MADAM CHAIR: Yeah. And so— and then I'm also looking at the 7 application, and I see you listed as the authorized agent. 8 MR. HALL: Yes. 9 MADAM CHAIR: Okay. I just wanted to make sure— 10 MR. HALL: For Doris. 11 MADAM CHAIR: For Doris. And that's for this USR? 12 MR. HALL: Yes. 13 MADAM CHAIR: Okay. And there currently isn't any residence on this 14 USR area, correct? 15 MR. HALL: No, there is not. 16 MADAM CHAIR: Okay. Thank you very much. 17 MR. HALL: Okay. Thank you. 18 MADAM CHAIR: Is there anyone else in the audience who would like to 19 come forward for the public hearing? 20 MR. FISCUS: Arnie Fiscus. I live in Evans, Colorado. I am a friend of 21 Steve and Patsy and during the last three years that Tateyama's were in business, I was 22 out there at least once a month, if not more than that, because I was involved with a 23 company that was financing it. And so I was out there on a regular basis. 24 And in effect, there is some inaccuracies in the site-specific evaluation, or 25 application, and it states that this use has no detrimental affect on the surrounding area, LauraMachen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 49 1 and is not inconsistent with previous uses. I was out there when Tateyamas were in 2 business. I went out and looked at it last night, and it was definitely not even close to the 3 same type of business. 4 There was also some other statements in here, "It will not change the 5 amount of traffic previously encountered at this location, and will not disrupt land use in 6 the surrounding area." I think Bill Hall is right. There used to be a lot of truck traffic 7 coming in to this onion warehouse, but you got to consider also at that time, it was one 8 continuous farming operation. It wasn't broken up into commercial, residential— 9 residential and things like that. 10 And also, they say on here, "Explain any proposed reclamation procedures 11 when termination of Use by Special Review activity occurs." They have listed, "None." 12 I guarantee you, from what I'd seen last night, and from what I understand of welding 13 procedures inside buildings, you're definitely going to have some reclamation needed to 14 put those buildings back into what they were before the present use of them. 15 Also under the dust abatement plan, "the drive-in to the location of recycled 16 asphalt, this product creates little or no dust." From my observations, I don't believe that 17 to be the case. 18 And now I'm referring to the Resolution of the recommendation that you 19 guys probably have, too. And it says in here on the first page, "Conditions of Approval 20 and Development Standard will adequately mitigate impacts to surrounding properties." 21 And from my observations, I don't agree with that entirely. 22 On the second page, under Section C, Section 23-2-220.A.3: "The uses 23 which will be permitted will be compatible with existing surrounding land uses. The site 24 is located immediately to the south and north of two existing single-family residences. 25 Adjacent lands to the west and east are agriculture in nature, cropland." I looked at this, it Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 50 1 looks to me like it's an industrial facility. 2 Under Section 23-2-220.A.4: "The uses which will be permitted will be 3 compatible with future development of the surrounding area." I've got a question. 4 What's the future development use of the area going to be, then? 5 Under Section 23-2-220.A.7, "There's adequate provisions for the 6 protection of health, safety, and welfare of the inhabitants of the neighborhood and 7 County." I happen to know that Patsy has a problem with migraines. And I don't 8 agree that this is being mitigated with what I'm seeing to be done on this Resolution 9 right here. 10 It also states, under the Special Review Permit and Development Standards, 11 under Item 2: "Approval of this plan may create a vested property right pursuant to 12 Section 23-80-10 of the Weld County Code." What does that mean? 13 And under Section 5, "Semi-tractor trailers associated with the business 14 shall be limited to two." I was there last night. I walked around the perimeter— I didn't 15 trespass, or anything. There was four semi's, plus the semi without the motor in it, on the 16 property. 17 The only other thing that I see out there, they brought the straw bales in 18 to, basically, screen it. I'm an old farmer. I know what straw bales do. They draw in 19 mice, they thaw in other rodents. That brings in snakes, brings in coyotes. You've got a 20 new problem. 21 I was out there last night looking on the north side of those straw bales, and 22 there's also— already little rodents trying to burrow into those hay bales. We're comin' 23 on winter, you're going to just—you're just going to accelerate that problem, and it's 24 going to be a detriment to the property on both sides of it. That's all I have. 25 MADAM CHAIR: Just a second. Does the Board have any questions? Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 51 1 COMMISSIONER CONWAY: Just for the record, Arnie. You had 2 mentioned that you had an opportunity to be out at the site in its previous use, and seen 3 it in operation— 4 MR. FISCUS: Mm-hmm. 5 COMMISSIONER CONWAY: —and saw the current use last night. 6 MR. FISCUS: Right. 7 COMMISSIONER CONWAY: Can you kind of describe some of the 8 things that you saw in terms of difference, in terms of what the previous site looked 9 or—looked like, compared to what you saw last night? 10 MR. FISCUS: When the Tateyama's had it, they had everything in order. 11 They were very organized, I guess you could say. They had the property where Steve and 12 Patsy live now, that's basically where they parked their farm trucks, their farm machines 13 and everything else; they had plenty of room to get around there. The land to the east, 14 they owned it, so they had plenty of room to maneuver. 15 From what I'd seen last night, it's becoming a junk yard. And there is so 16 much stuff back there, that I've got no idea how they're going to get trucks in and out of 17 there to pick up materials, let alone deliver materials for building those things. 18 MADAM CHAIR: Any further questions? 19 COMMISSIONER CONWAY: Thank you. 20 MADAM CHAIR: Can I just get you to state your address, your actual 21 physical address for the record, please. 22 MR. FISCUS: 237th Street, No. 112. 23 MADAM CHAIR: Okay. Thank you very much. 24 MR. FISCUS: You bet. 25 MADAM CHAIR: All right. Is there anyone else in the audience who Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 52 1 would like to come forward at this time during the public hearing and speak to the Board? 2 Seeing no one coming forward, I will close the public hearing, and ask the applicant or 3 their representative to come forward. 4 Mr. Simpson, I do have a question for you, and then you will have some 5 opportunity to comment as well. So Doris Cunningham is a relative of yours? 6 MR. SIMPSON: No. She owns the building. 7 MADAM CHAIR: She owns the— she owns the facility? 8 MR. SIMPSON: Yes. 9 MADAM CHAIR: And she owns the property, so you don't own the 10 property at this point? 11 MR.SIMPSON: No. I'm under a lease purchase at the present time. 12 MADAM CHAIR: Okay. So Bruce, is Mrs. —or is Ms. Cunningham here 13 today? 14 MR. SIMPSON: No. Due to that she's - she's not the end user of the 15 property. To my knowledge, the end user has to be the one to do the USR. I will be the 16 end user. That's the reason I've got to do the USR. 17 MR. BARKER: So I think your question is, does he have proper authority 18 to apply for the Use by Special Review given the fact that he's got a lease purchase of the 19 property only? Did we get any sort of assignment, or designation of power of attorney, 20 Chris? 21 MADAM CHAIR: For Mr. Simpson? 22 MR. GATHMAN: We got a letter, actually. Bill Hall is the representative 23 for the — 24 MADAM CHAIR: That's where I'm going with my question, because 25 that's why I was a little confused. When we asked for public hearing, Mr. Hall came up Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 53 1 and I - 2 MR. SIMPSON: Mm-hmm. 3 MADAM CHAIR: —because at some point, possibly, we need to get to 4 where we ask the applicant questions, to see if they're willing to agree to things, and so — 5 MR. BARKER: Well, I guess technically, and given the fact that he does 6 have that lease purchase agreement, he can probably bind the property owner to whatever 7 conditions are going to be there through the Use by Special Review. 8 Mr. Hall, I think, can also come up and designate that he either has, or does 9 not have, any sort of concerns with any of the Conditions or Development Standards that 10 would be applicable. 11 MADAM CHAIR: Okay. Commissioner Rademacher. 12 COMMISSIONER RADEMACHER: Yes. Just to follow up on that. So 13 what happens if Mr. Simpson does not end up buying the property, or in fact if Mrs. 14 Cunningham says she does not agree? Without the written consent of her giving Mr. Hall 15 that authority, I just want to make sure that it's all legal, too. 16 MR. BARKER: Well, I think the thing is that we have a situation in which 17 the application is going forward with the apparent authority given to him to bind the 18 property. If the lease/purchase doesn't go through, the property owner is going to be 19 stuck with that property. 20 COMMISSIONER RADEMACHER: Yes. 21 MR. BARKER: With that Use by Special Review, which she could come in 22 and either ask that it be vacated— 23 COMMISSIONER RADEMACHER: That's true. 24 MR. BARKER: — or be modified. 25 MADAM CHAIR: Okay. All right. Mr. Simpson, you heard comments Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 54 1 with regard to the public hearing. Do you have any rebuttal or any other comments you 2 would like to make to the Board with regard to your ap- -- with regard to the application 3 on the USR? 4 MR. SIMPSON: The only thing I can say is that these are—these are not 5 new problems that have been presented. I've done everything in the past that I can to — 6 to accommodate anybody. It seems as though everybody has a lot of time to be able to 7 look at my business, and see how well I'm doing, and see what I'm doing in the 8 neighborhood. 9 But we went away from what was discussed at the last meeting, which was 10 that two C & H trucks can park on site. Repair trucks, delivery trucks, trucks that are 11 being worked on are not relevant to the two trucks, and that was part of the board—that 12 that was what was in effect. So, at no point in time did they say that there cannot be more 13 than two trucks there. There cannot be more than two C & H Excavation trucks there. 14 So if I'm repairing a truck, there's a truck parked there. They're bringing in 15 goods or shipping/receiving, those trucks are not addressed there. And if anybody would 16 like to have the opportunity to come onto the property so they can read the signs on the 17 side of the truck, by all means, come read it. I have no problem with that. 18 I know that it has been addressed that this has been a moving target from 19 start to finish. I believe that a lot of that has been due to the length of time that we would 20 have needed to appease everybody, with the complaints that have been given, and have 21 been trying to do that. 22 Now with the address to the paint booths and different things, opaque 23 fences, different parking areas or anything else, and septic systems, I cannot do any of 24 these without you guy's permission. I can't have you guy's permission till we're done 25 with this process. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-weld-l0-19-11 55 1 Once this process is done, I will have a regimented set of rules that I do 2 have to follow and adhere to at all times. At this point in time, I don't have a regimented 3 set of rules that I have to have in place right now. When those are put in place, I have no 4 problem abiding by them with the utmost diligence. 5 So I guess the only thing I can say is that the best thing I can see happen 6 right now is to put in front of me exactly what I need to have done. I'll adhere to that, 7 and we can all move forward, and I appreciate your time. 8 MADAM CHAIR: Okay. Thank you very much. Questions? Yes, 9 Commissioner Rademacher. 10 COMMISSIONER RADEMACHER: Thank you, Madam Chair. Mr. 11 Simpson, there's a couple of requests and I just want to see how you would respond to 12 them. One was the fencing on the north side where you were going to put your lean-to 13 building. 14 MR. SIMPSON: Yes. 15 COMMISSIONER RADEMACHER: If you don't put the building there, 16 they were requesting an eight-foot fence, rather than a six-foot fence. 17 MR. SIMPSON: No problem; the taller the better. 18 COMMISSIONER RADEMACHER: Okay. Another issue they brought 19 up, if you would consider just painting Monday through Thursday, rather than throughout 20 the whole week? 21 MR. SIMPSON: Just painting Monday through Thursday? 22 COMMISSIONER RADEMACHER: Yes. Just to limit the painting to 23 Monday through Thursday. 24 MR. SIMPSON: The only problem that I have with that is, I guess it was 25 addressed by them, paint when the wind's not blowing in their direction. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-l0-19-11 56 1 COMMISSIONER RADEMACHER: Well, maybe I should rephrase that, 2 because I want to make sure it's clear, too. Painting outside, because obviously if you 3 start painting inside, I don't care if they paint every day of the week, but painting outside. 4 MR. SIMPSON: This is the problem, and it has been addressed already, 5 very point blank, that their problems are the paint fumes. 6 COMMISSIONER RADEMACHER: Right. 7 MR. SIMPSON: Period. Not the overspray, not the color, not anything else 8 but the smell. If I'm required to paint inside, the paint still smells. If I'm required to put 9 in a paint booth, the paint still smells. I cannot take the smell out of paint. It's not 10 physically possible, and I apologize for that. 11 Right now, with the things that we're doing, I believe that the painting of 12 our products is a necessary evil. And at every point in time, I've done everything I can to 13 get it out of there. But there are going to be some instances that I have to do it. And I'd 14 pay as much money as anybody to be able to have my private property, have my place of 15 business, and to be able to do what I can on my place of business. And I'd like the 16 opportunity to be able to do that in the future. If I can do anything— anything more— I 17 mean, we've taken leaps and bounds. You know, we've incurred thousands and 18 thousands of dollars in equipment, transporting these things off site. 19 I mean, you guys know as well as I do that freight on these large items and 20 these pieces that we're building is not cheap. Nor is the land rent to go do it on, or 21 anything else. We've done everything that we can to do as much of it off site as possible, 22 and to answer your question, Mr. Rademacher, I will in the future do everything I can to 23 keep it to a minimum at the site. 24 COMMISSIONER RADEMACHER: Yeah. Just to follow up and make 25 sure I have it on record, now. There are times that it's pertinent to your business, that Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 57 1 you cannot just limit that to Monday through Thursday? 2 MR. SIMPSON: Yes. 3 COMMISSIONER RADEMACHER: Okay. That's all I have. 4 MADAM CHAIR: I thought I heard— I just want to follow up with the 5 painting as well. I thought I heard you say, though, during your opening comments that 6 to the extent possible, in fact, I think it was 95 percent of the time, that you could paint 7 off site. 8 MR. SIMPSON: Right. Yes, ma'am. And that has been done at the 9 present time. 10 COMMISSIONER RADEMACHER: But there are circumstances in which 11 you may have to paint (inaudible) — 12 MADAM CHAIR: Well, and I'm going to point out right now that there's 13 a development standard that says all painting has to be done inside— indoors. 14 COMMISSIONER RADEMACHER: (Inaudible) that type of circumstance. 15 MR. SIMPSON: Yes. The one thing that I did want to bring up, because it 16 hasn't been addressed so far in anybody's statements, 18 and 19: "The applicant will 17 maintain an APEN until such time that surface coating is discontinued or air emissions 18 pollutants are reduced to a zero level." And then 18 says, "All painting of oilfield 19 products associated will be— shall be conducted indoors." 20 COMMISSIONER RADEMACHER: And, correct me if I'm wrong. 21 MR. SIMPSON: I think they slightly contradict each other. Either, I can do 22 95 percent of my painting outdoors, or I have to do 100 percent of it indoors. 23 MADAM CHAIR: No, actually I don't think they—I don't think they 24 conflict with each other. One requires the painting is done indoors. The other requires 25 that you discontinue — or that you make sure you are not releasing any pollutants in the Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 58 1 air. So, I don't think they necessarily do conflict with each other. 2 MR. SIMPSON: That I don't—that I have an APEN until I do not put 3 anything into the atmosphere; at anytime I am putting anything into the atmosphere, I 4 have to have the APEN. 5 COMMISSIONER RADEMACHER: And I was going to follow that up 6 with Mr. Brewer. 7 MADAM CHAIR: Okay. Go ahead. 8 COMMISSIONER RADEMACHER: Mr. Brewer, my understanding: 9 once you have that APEN, you're allowed to pretty well paint,just like Mr. Simpson said, 10 pretty well within the State of Colorado, anywhere as long as you adhere to the EPA 11 standards. 12 MR. BREWER: Yes. 13 COMMISSIONER RADEMACHER: Okay. So he can paint outside of his 14 own property as long as he has an APEN. 15 MR. BREWER: Yes. 16 COMMISSIONER RADEMACHER: Okay. 17 MADAM CHAIR: And the initial pollutants would have to be reduced? 18 MR. BREWER: Beg pardon? 19 MADAM CHAIR: With an APEN that speaks specifically to the pollutants? 20 COMMISSIONER RADEMACHER: That's where he was getting the -- 21 MR. BREWER: To the release of the air pollutants, yes. 22 COMMISSIONER RADEMACHER: And that's why the special paint he 23 that he was talking about that's— 24 MADAM CHAIR: So the two aren't in conflict? 25 COMMISSIONER RADEMACHER: I don't think you are, either, but he LauraMachen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 59 1 has to have the APEN before he can paint outside. 2 MADAM CHAIR: Did you want to follow up on anything? 3 COMMISSIONER RADEMACHER: No, that was my problem. 4 MADAM CHAIR: Did you have any other comment you wanted to make to 5 the Board at this time, before we get into any more questions? 6 MR. SIMPSON: No. No, ma'am. 7 MADAM CHAIR: Does the Board have any—I think, Commissioner 8 Rademacher, you started down the line of some things that came up in the public hearing 9 as well. Did you have anything else? 10 COMMISSIONER RADEMACHER: Well, no. I'm just waiting for some 11 of the standards that I have circled. If you're ready, I'm willing to do that. 12 MADAM CHAIR: Okay. Does anybody else have any questions? 13 COMMISSIONER GARCIA: I have a question for staff 14 MR. GATHMAN: Mm-hmm. 15 COMMISSIONER GARCIA: Chris, with regard to the—there was some 16 question about fire lanes, and what have you, and I didn't see the referral response 17 problem from Ault. Can you address that? 18 MR. GATHMAN: Actually, I believe there was a— 19 COMMISSIONER RADEMACHER: That's the way I figured it— 20 MR. GATHMAN: And there was no referral response from Ault— from the 21 Ault Fire Protection District, so we didn't have anything. 22 COMMISSIONER GARCIA: Okay. With regard to the question of—of 23 fire lanes, is that something you can address? If there needs—there was a question about 24 the—if there needed to be a fire lane, or something like that. Is that a Public Works 25 question, or— Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 60 1 MR. GATHMAN: Okay. 2 MS. HANSEN: Heidi Hansen, Public Works. We usually look to make 3 sure that there's a 20-foot clear width. That's what a lot of the emergency agencies ask us 4 for, unless the fire or emergency would like wider than that, or something different than 5 that. That's what we look for— 6 COMMISSIONER RADEMACHER: (Inaudible) as a possibility. 7 MS. HANSEN: —just as a basic. 8 COMMISSIONER GARCIA: And that's been that? You've reviewed this, 9 and that's been that? 10 MS. HANSEN: In the plan that they submitted, yes. With the storage that 11 isn't shown on the plan, and the parking that is happening in a different place that is 12 shown on the plan, I'm not so sure. But with the plan that's submitted, yes, it will be. 13 COMMISSIONER GARCIA: Thank you. 14 MADAM CHAIR: Okay. So I actually have some questions for you as well 15 that came through the public hearing. Commissioner Rademacher started in with the part 16 about no painting. 17 There was also a question with regard to our discussion, and I'd like to hear 18 your comments about the semi trucks that have been left running. And one of the requests 19 is that there would be no semi trucks left running. Could you comment on those, please— 20 comment on that, please? 21 MR. SIMPSON: If the trucks are not being used at the present time, or not 22 warming up to go to work, or being diagnosed in—if we rebuild a motor, it has to —and 23 then the motors that we're talking about were recently overhauled motors that had to be 24 kept at - kept in idle for a certain period of time. If the trucks are not being used in any 25 such service, I will at my best—my best ability, shut everything off and keep idling trucks Laura Machen,Cert. Transcriber 303-798-0380 BOCC-Weld-10-19-11 61 1 to a minimum. 2 MADAM CHAIR: Commissioner, want to follow up on that? 3 COMMISSIONER CONWAY: I do. 4 MADAM CHAIR: Okay. 5 COMMISSIONER CONWAY: You mentioned that as part of your repairs 6 or overhaul— 7 MR. SIMPSON: Mm-hmm. 8 COMMISSIONER CONWAY: —they have to idle for a period of time. 9 Can you—we're not familiar with how long a truck needs to idle, like Commissioner 10 Rademacher, when you repair it, what's the idling time? `Cause we've had testimony 11 here that some trucks have idled for hours. 12 MR. SIMPSON: And I will agree that— 13 COMMISSIONER CONWAY: Is that standard, in terms of— 14 MR. SIMPSON: My dad came in with his harvest truck, he came in at 4:30 15 or 5:00 in the afternoon, came in to talk to me about something. We started talking, 16 talking, the conversation went on, after he came in we started talking. Yes, his truck was 17 running at the time, and Steve came over and asked the question if it could be shut off, 18 and the truck was shut off. At no point in time did I tell anybody, "I'll leave my truck 19 running as long as I want to." 20 MADAM CHAIR: Okay. So that really wasn't the question to be answered. 21 MR. SIMPSON: What my question is, as part of your business — 22 MR. SIMPSON: But idling with the— 23 COMMISSIONER CONWAY: —what is the standard time frame? I 24 understand you're repairing the truck. 25 MR. SIMPSON: The standard time frame, if I go in, in the morning, if it's Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 62 1 below 30 degrees, I need let the truck warm up for ten or fifteen minutes, so everything is 2 up in proper temperature so I can leave. In the summer, that goes down to five minutes. 3 COMMISSIONER CONWAY: Okay. 4 MR. SIMPSON: It's not any uncommon practice that any other diesel — 5 COMMISSIONER CONWAY: I apologize. Maybe my question wasn't 6 clear. What I'm asking is, you overhaul a truck. 7 MR. SIMPSON: Mm-hmm. 8 COMMISSIONER CONWAY: You go out. There's a certain amount of 9 time, which I understand— 10 MR. SIMPSON: Okay. 11 COMMISSIONER CONWAY: —that you have to let that engine idle to 12 make sure that the repairs that you've done on that truck— 13 MR. SIMPSON: Right. 14 COMMISSIONER CONWAY: —have been successfully completed. What 15 is a general—I know each truck is different. 16 MR. SIMPSON: Thirty- 17 COMMISSIONER CONWAY: Each repair is different. 18 MR. SIMPSON: Thirty minutes to an hour. 19 COMMISSIONER CONWAY: Thirty minutes. Okay. That's all I was 20 trying to get at. Okay. Thank you. 21 MADAM CHAIR: Did you have a comment on that? 22 MR. GATHMAN: I just wanted to point something out. On the Waste 23 Management Plan, it indicates that truck and equipment repairs are handled off site by 24 A & O Truck Repair. So it's — 25 MR. SIMPSON: It's supposed to say"on site by A & O." Mobile truck Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 63 1 says when it's broke down on the side of the road. 2 I do not have a mechanic bay in there—I don't perform mechanics in there. 3 On a daily operation, when the truck breaks down and comes home at night, A & O 4 Mobile Truck Service comes in, fixes the truck, and then they leave. 5 MADAM CHAIR: So this isn't actually your business? 6 MR. SIMPSON: Yes, it is my business, which one—A & O? 7 MADAM CHAIR: Yeah. So you're fixing—you're fixing trucks, repairing 8 trucks on site? 9 MR. SIMPSON: No. A & O is a— if my truck is — if I have a battery out, or 10 we have a wheel seal out. When it's parked at night, the best time to —or in the evening 11 is the best time to fix it, and A & O will bring their mobile truck in, take the tire off, fix 12 the seal, put it back on and leave. 13 I guess—I'm sorry, that wasn't part of the—I didn't include that into my 14 USR,. It's just part of owning trucks, and you need to repair them and keep them so 15 they're safe to drive on Weld County roads. Big heavy duty major repair— 16 MADAM CHAIR: Okay. So — I guess now I'm confused? Could you— 17 you're not confused? But could you explain to me then? 18 COMMISSIONER RADEMACHER: Basically it's an outside truck 19 company that comes in and repairs his truck. 20 MADAM CHAIR: Oh, I understand that part. 21 MR. GATHMAN: Okay. 22 MADAM CHAIR: The part I don't understand, and what we're looking at 23 is a USR in oil field products manufacturing. 24 MR. SIMPSON: Okay. 25 MADAM CHAIR: So what part of that requires that you have semi trucks Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 64 1 idling for hours? 2 MR. SIMPSON: To manufacture stuff I need products. To have products 3 I've gotta have them shipped in. Trucks have to come in—an oil field truck has to come 4 in, break his poles down, flip over a flat bed, back it into the shop. They've got to sit 5 there and let their winches —winches run for 45 minutes to make sure we get the oil hot, 6 up to operating temperature to make sure we got oil leaks or cracks or anything else fixed. 7 When they come in and have a bent frame, or anything else, I have to put 8 the truck up on blocks, have to get everything laid in it. You got to balance all the drag 9 lines, rear ends, tires, everything else. Got to make sure everything is running true. All 10 this requires a running motor. Very, very much of the time during oil field repair, you 11 have to have something running to be able to make sure it operates correctly. 12 MADAM CHAIR: But at no time that should be happening either before or 13 after the hours of operation? 14 MR. SIMPSON: No. 15 MADAM CHAIR: Okay. Anybody else have any more questions with 16 regards to the trucks running? 17 MR. SIMPSON: Only time we leave the trucks idling— and that was 18 addressed at the last meeting — if there's an emergency repair we have to go out in the 19 field to, we're going to have to come in, start up a truck, and let it warm up, and leave. 20 That is not on a daily basis. 21 That is hopefully in my best interest, not to be on a weekend. I don't want to 22 work on a weekend any more than anybody else does. To the best of our efforts, that will 23 be kept within business hours. 24 But I can't tell you when an oil derrick is going to break and we got to go 25 fix it. That's not going to — I can't perform the business that we're doing and be able to LauraMachen,Cert.Transcriber 303-798-0380 BOCC-weld-10-19-11 65 1 abide in that 100 percent. To tell you it will never happen wouldn't be honest. 2 MADAM CHAIR: Okay. One of the other comments that came up was 3 about the no weekend hours. 4 MR. SIMPSON: Mm-hmm. 5 MADAM CHAIR: And I didn't hear any response with regard to that. 6 MR. SIMPSON: The last thing, I think, that the Planning Commission 7 addressed was that they would like to see nothing happen outside the hours of 7:00 to 8 8:00, Monday through Saturday. I was able to live with those hours very easily. And 9 abide within those, and I would like to stay with that. 10 MADAM CHAIR: And what were the hours in your application? 11 COMMISSIONER CONWAY: 7:00 to 8:00. 12 MR. SIMPSON: It was 7:00 to 5:00, I believe. And then last week we 13 gave—it got changed from—not last week, the last hearing. What day was that? The 4th, 14 I believe. And the board— that's when it was changed to 7:00 to 8:00. That's when they 15 thought it would be in the best interest of the business. 16 COMMISSIONER CONWAY: Madam Chair? 17 MADAM CHAIR: Mm-hmm? 18 COMMISSIONER CONWAY: But you originally had said that 7:00 to 19 5:00 would be okay? 20 MADAM CHAIR: That was what was in the application? 21 MR. SIMPSON: Originally, when we started in January, at that present time 22 it was. 23 COMMISSIONER CONWAY: So was the change made at your request, or 24 who requested the expansion of the hours? 25 MR. SIMPSON: Where Ms. Kirkmeyer is sitting, I do not believe— I do not Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 66 1 remember the gentleman's name that was sitting here during that meeting? 2 COMMISSIONER GARCIA: So it was the Planning Commission? 3 MR. SIMPSON: Yeah, it was at the Planning Commission's request. 4 MADAM CHAIR: So it was Commissioner Holton. Planning 5 Commissioner Holton? 6 MR. GATHMAN: Maybe I could clarify. 7 MADAM CHAIR: Okay. That would be great. 8 COMMISSIONER CONWAY: Yeah. 9 MR. GATHMAN: The application says 7:00 to 8:00. So it does say 7:00 to 10 8:00. The discussion was whether or not they could operate on the weekend. 11 MADAM CHAIR: So the application said 7:00 to 8:00, Monday through 12 Friday? 13 MR. GATHMAN: It does say 7:00 to 8:00. 14 COMMISSIONER CONWAY: So it doesn't say 7:00 to 5:00? 15 MR. GATHMAN: It doesn't specify days. 16 COMMISSIONER RADEMACHER: Weekdays. 17 MR. GATHMAN: I did follow up with - the applicant's representative 18 indicated that it should be mostly during weekdays. But there was discussion; are they 19 going to have to occasionally operate on Saturday? That's where that discussion came up 20 in the Planning Commission. 21 COMMISSIONER CONWAY: Can I do a follow up to Chris? 22 MADAM CHAIR: Mm-hmm. 23 COMMISSIONER CONWAY: So clarification; I'm getting two stories 24 here. He's saying on his original application it says 7:00 to 5:00 and you're saying no, it 25 was 7:00 to 8:00. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 67 1 MR. GATHMAN: Right. I've got it right in front of me. 2 MR. SIMPSON: He is correct. I was mistaken. It was 7:00 to 8:00, 3 Monday through Friday. The discrepancy that we had last time was the Saturdays. 4 COMMISSIONER CONWAY: Was the days —Okay. That's cool. 5 MR. SIMPSON: They added his —Mr. Holton recommended Saturdays, at 6 one time. I don't have that in front of me. 7 COMMISSIONER CONWAY: All right. 8 MADAM CHAIR: Okay. Any further questions for the applicant? Okay. 9 We will - I'll bring it back to the Board now then for discussion, amongst the Board. 10 COMMISSIONER RADEMACHER: Madam Chair? I had a couple— 11 MADAM CHAIR: Commissioner? 12 MR. BARKER: Chris had something else. 13 MR. GATHMAN: I did have one item— 14 COMMISSIONER RADEMACHER: Go ahead. 15 MR. GATHMAN: — it's mainly a housekeeping thing. We were talking 16 about the Tateyama USR. That USR is still on the site, so it actually encompasses both 17 lots, even though the facility—the old, I guess the old buildings were here. So one of the 18 conditions, if this is approved, staff would recommend, because we can't put a USR on 19 top of a USR. I've got some language. If we were to add it, I would recommend adding 20 it as Condition No. 9 on page 5. And it should be, "USR-490 shall be vacated entirely, or 21 the applicant will submit a partial vacation plat vacating the boundaries of USR-490, 22 within the boundaries of Lot B of Amended RE-991. " 23 So that would cover their lot, since the—I guess after that was approved, 24 they since have come in and they did a recorded exemption and divided them into two. 25 So part of it's on one lot and part of it is on the Van Dever property. So— Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 68 1 MADAM CHAIR: Why didn't we make that a condition of the Recorded 2 Exemption? 3 MR. GATHMAN: Good question. I don't know. That would have 4 been nice. 5 MADAM CHAIR: Was it— 6 MR. BARKER: One other housekeeping item is that - were there ever any 7 deeds that were done after the recording of the Amended Recorded Exemption in August 8 of this year that conveyed the properties back and forth to the present owners? 9 MR. GATHMAN: I know the plat was recorded. I don't know that— I'll 10 have to look up and check on the — 11 MR. BARKER: We'd probably need to require that as a condition, if there's 12 a motion to approve, it should include a condition that there be joint quit claim deeds 13 back and forth conveying the property to the present owners. So Lot A and Lot B. 14 MR. GATHMAN: Yes. 15 MR. BARKER: That would then clean up that. And then also the lease 16 purchase agreement would need to be amended to properly show that it's Lot B of 17 Amended Recorded Exemption 991, instead of just the original Recorded Exemption. 18 MR. GATHMAN: Okay. 19 MADAM CHAIR: And we do have a copy of the lease purchase? 20 MR. BARKER: It is. It's in the — D, under deeds, yes. 21 MADAM CHAIR: Okay. All right. I'll bring it back to the Board for 22 discussion. Yes. 23 COMMISSIONER RADEMACHER: Thank you, Madam Chair. I'm 24 looking under just the development standards, and he brought up number five as far as the 25 number of the two tractors and he requested to go up to number three, and I don't see any Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 69 1 issue with that. So I don't know if he has any room to go above and beyond that. He's 2 the one that asked for three, then, and I would be satisfied with three. 3 MADAM CHAIR: Well, I would comment on that. I'm just going to say at 4 this point, I'm having a little difficulty even thinking that I'm going to vote to approve 5 this, given the development standards and conditions that are currently in place, because 6 we do have requirements within our stuff— within our statutes, in our code, that say we're 7 supposed to mitigate the health, safety of the neighborhood, ensure compatibility where 8 we can and where we can't, we're supposed to mitigate it. 9 And I don't feel like we're really mitigating it here. I think we're getting it g g 10 going the other way, I think. 11 I mean, I would agree with the comments that were made by the 12 surrounding property owners that this use, as it currently exists in violation, is not 13 compatible. You know, he wasn't there first. I know that's something that we always 14 talk about. He came in after the fact. 15 And this is not— you know, this is not for onion harvesting. And, you 16 know, I grew up on a farm, still own farmland, and I know what that is. And this is not 17 that. So it's not the same kind of use. 18 I mean, if we're going to get to someplace where we're approving this, we 19 need to start mitigating the concerns in the neighborhood, and I don't think we're doing 20 that by increasing it to three. 21 COMMISSIONER RADEMACHER: Then you can vote no on this. 22 MADAM CHAIR: And that's why I'm making my comment. 23 COMMISSIONER RADEMACHER: I find this okay, and that's my— 24 MADAM CHAIR: And that's why I'm making my comments, because— 25 COMMISSIONER RADEMACHER: And that's my suggestion, so let's Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 70 1 move forward. 2 MADAM CHAIR: Well, I'm going to ask the rest of the Board if they want 3 to move — 4 COMMISSIONER RADEMACHER: That's fine. You should. 5 MADAM CHAIR: So. That's fine. I do get to make my comments as well. 6 COMMISSIONER RADEMACHER: That's right. I agree. 7 MADAM CHAIR: So that's where I stand on this one. 8 COMMISSIONER RADEMACHER: That's number five. 9 MADAM CHAIR: Okay. So is there any other comment with regard to 10 number five -- 11 COMMISSIONER RADEMACHER: I just want to move on to number 12 three. 13 MADAM CHAIR: — from the rest of the board? 14 COMMISSIONER GARCIA: I would have a comment on number five. 15 The increasing it to three, I could agree to. But there's a difference with regard to the 16 interpretation that everyone has on this. And when I say "three" I mean three total. 17 There was a question regarding whether one was being repaired and didn't 18 have an engine counted as one. There were some other interpretations. Three means 19 three and not four or five. So when I say yes to three, I'm not saying yes to — 20 COMMISSIONER RADEMACHER: You're counting the one that's not 21 operational, too? 22 COMMISSIONER GARCIA: Right. 23 COMMISSIONER RADEMACHER: Oh, I'm fine with that. Then he can 24 either fix it or remove. 25 MADAM CHAIR: Comments? Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 71 1 COMMISSIONER LONG: I'm a no. 2 COMMISSIONER GARCIA: I'm a no. 3 COMMISSIONER RADEMACHER: Okay. 4 MADAM CHAIR: All right. We'll leave that one as is. 5 COMMISSIONER RADEMACHER: Yes. And then number 18, we did 6 kick that around, and I think it should be inside there, until he gets an APEN, and 7 complies with the state regulations, and then he can go back to painting outside. 8 MADAM CHAIR: Other comments? 9 COMMISSIONER GARCIA: I'm a no. 10 MADAM CHAIR: You're a no on making any changes to that? 11 COMMISSIONER GARCIA: Correct. 12 MADAM CHAIR: You don't want to make the changes there. 13 (No audible response.) 14 MADAM CHAIR: Okay. I don't see a majority seeming to make a 15 change, so— 16 COMMISSIONER RADEMACHER: That's fine. That's the only two I 17 had in mind. 18 MADAM CHAIR: Okay. Other comments by the Board? 19 COMMISSIONER GARCIA: I would like to make a comment. 20 MADAM CHAIR: All right. Commissioner. 21 COMMISSIONER GARCIA: I have made notes of about six different 22 development standards that I would consider including into this. However, I am not 23 going to read through them, because I do not know that they would adequately mitigate 24 their concerns, so I'm not going to present them at this time. 25 MADAM CHAIR: Okay. Other comments. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 72 1 COMMISSIONER LONG: Are we at the — 2 MADAM CHAIR: We're at the discussion amongst the Board, yes. And if 3 you want to make changes to the development standards and conditions, or if you just 4 want to make comments with regard to the application. 5 COMMISSIONER LONG: The application as a whole, I guess, is where 6 I'm going. 7 MADAM CHAIR: Okay. 8 COMMISSIONER LONG: From my perspective, and I'm not going to 9 sound this way, but it's good news to bust barriers in front of it. Because I think you're a 10 success, a victim of your own success, in this regard, from my perspective. There is a 11 huge need for the type of service and the jobs that you're doing, but I think you've 12 outgrown this spot, in particular, and if we were to mitigate the concerns that 13 you—that are being raised here, it would limit the scope of your business, and actually 14 cause you to fail, I think. 15 I'm looking at the increase —you're going to have to put in a huge septic 16 system—and I don't know if you've got the land to do that. And should this go forward 17 with a lease/purchase, and the size of your lot actually gets smaller and increases the 18 chances for bad traffic patterns, or something internally, whatever—decreases the amount 19 of storage you've got, the fumes, or whatever, it's too expensive for you to go to a 20 powder coat system for the size of things that you're doing, so I don't think that's going 21 to be in your best business model interests. 22 Just the size and intensity of what you've got here, I applaud. I think you're 23 a good business man. I think the — the niche that you're filling are— you're going to be 24 successful at. I just think you're going to be more successful in a different place. So for 25 me, I just can't support this application as this is at this location. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 73 1 MADAM CHAIR: And I would thank you, Commissioner Long, for 2 making those comments, because that's the time where I'm struggling and that's where 3 I'm at as well. It's like —you know, with regard to your comments. You know, I can 4 think of a whole bunch of development standards that need to be in place to mitigate the 5 negative impacts, but then what kind of harm does that do your business. 6 And I think you're right. It's a great business;just not in this place. I'm in 7 the same location, or same place. Commissioner, did you want to comment? 8 COMMISSIONER CONWAY: Yeah. I thank Commissioner Long for his 9 comments. A) I think you're a great business person. It's incredible what you've 10 accomplished in this short period of time, in terms of this business. I think we're trying 11 to put a square peg in a circle hole. And all we're going to do is mess it up for you. 12 I think we'll come up with— you know, we've got to deal with the open 13 irrigation, in terms of the septic site. We've got to deal with the fencing. We've got to 14 deal with, you know, what's on site in terms of, you know, you relocating equipment and 15 certain equipment that's currently there. There are so many things in terms of the site, 16 and what I'm afraid of is, we're going to load you up with so much stuff that you're just 17 going to collapse from underneath it. 18 And I'm having a tough time trying to—there's very legitimate concerns 19 that have been raised by the surrounding neighbors that I think we have to address. But I 20 think what we're going to end up doing is making it so onerous on you that we're going 21 to —you know, force some things on you that really impacts your business model. 22 And I think you know Commissioner Holton —that's why I asked you in 23 terms with the interaction you had with the Planning Commission, where they said, you 24 know, you're really on the border here. And you have talked about, hey—your desire is, 25 at a particular point in time when you outgrow this site, you were going to move. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 74 1 And I think testimony here, and pictures, and everything is, that you've 2 reached that tipping point. And I think, rather than try to put, like I said, a square peg in a 3 circle hole, I think we would be doing a disservice to you and your business by trying to 4 mitigate what clearly are some legitimate concerns here. 5 I think the best thing for you to do is look for an additional site that's more 6 in keeping with the compatibility of the business. So that's kind of where I've been 7 struggling, in terms of here, too. So I thank Commissioner Long for kind of putting that 8 out front. 9 MADAM CHAIR: Commissioner Rademacher. 10 COMMISSIONER RADEMACHER: Thank you, Madam Chair. Well, 11 obviously, I don't feel the same. Obviously, if we put their requirements and conditions, 12 it's up to him if he makes it or breaks it. You know, we can put as much as we want to, 13 and if he can't make it, he can't make it. 14 But that's his choice. That's his decision as a private property owner. If he 15 can't make the requirements, he can't make the requirements. 16 But frankly, I disagree. I think the intensity is lower now than what it was 17 as an onion factory. We just heard, and I agree, there was truck traffic that was much 18 more intense in the past than there is right now. The painting? It's common to paint on 19 agricultural ground. My God, we do it every time we fix a machine. We repaint it. 20 I'm sorry, I'm-I would support this, so—I mean, we can mitigate it to 21 death, and we have. So if he can't succeed with the mitigation, he fails on his own. It's 22 not because of us, failing before we give him a chance to succeed. 23 COMMISSIONER LONG: Commissioner Kirkmeyer? 24 MADAM CHAIR: Yes. I'm sorry did - Okay. Commissioner Long? 25 COMMISSIONER LONG: Well, I think this is —I think it's more intense Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 75 1 in this regard, than an onion type of agricultural facility. And again, that's agricultural. 2 This is not agricultural. 3 This is an industrial in its presentation, and everything about it. So for me, 4 there's a big difference between the agriculture use and this type of industrial use. And 5 the number of trucks would be not constant or— it's almost more predictable in that 6 regard. And the smell —just the nature of an agricultural processing plant is much 7 different than this kind of a facility. 8 We have one, a small one, right in the Town of New Raymer, and it's — it's 9 an industrial, little complex as it is. But it's quite intense, as far as the activity. It's in a 10 place in town where it doesn't hurt anybody. It's across the highway, and it's okay. 11 But I can see with a close proximity — if this was on the other side, this 12 would not be happening in that kind of situation. So I think there's a big difference here, 13 in that regard. 14 MADAM CHAIR: Okay. Any further comment by the Board? 15 COMMISSIONER GARCIA: As I had stated, I could come up with other 16 development standards, conditions or— conditions of approval. But I don't think they 17 would still—they would still mitigate the impacts that we've seen and heard. 18 And as far as findings, I find the findings of the Deines' folks and Mr. 19 Winter as credible, regarding the intensity of use. And their testimony is backed up by 20 the photos that were provided. And that that intensity is not what was originally sought or 21 understood, when the people that reviewed—that handled our referrals, returned referrals, 22 or chose not to return referrals, what their understanding was, because of the original 23 application. 24 MADAM CHAIR: All right. Any further questions or discussions 25 warranted by the Board, needed by the Board, any Board member? All right. Then what Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 76 1 would be the pleasure of the Board? 2 COMMISSIONER RADEMACHER: I would request a roll-call vote now. 3 MADAM CHAIR: Absolutely. 4 COMMISSIONER LONG: I put forward—I think in my findings, I would 5 move to deny and I'll read into that in a little bit. But first off, I find that it's not in 6 compliance with our codes, 23-2-260, number 2 (a) (b) ©) (d) (e)—I think those are the 7 relevant—no, take off(d)—(e) (d). And I won't read those into the record, because there 8 are an awful lot of owners, but just saying that basically they're not compatible and not 9 able to mitigate all the circumstances and work force. 10 So I move —for those reasons, I would move to deny Site Specific 11 Development Plan Use by Special Review Permit, 1785, for any use permitted as a Use 12 by Right, Accessory Use or Use by Special Review in the Commercial or Industrial Zone 13 Districts (oil field products manufacturing), provided that the property is not on a lot in an 14 approved or recorded subdivision plat map, or plan filed prior to the adoption of any 15 regulations controlling subdivisions in the Agricultural Zone. 16 COMMISSIONER GARCIA: Second. 17 MADAM CHAIR: It has been moved by Commissioner Long, seconded by 18 Commissioner Garcia to deny the approved Site Specific Development Plan and Use 19 Special Review Permit, No. 1785, with findings. Discussion on the motion? Any further 20 discussion? All right. May I have a roll-call vote, please? 21 CLERK GESICK: Bill Garcia— aye; Dave Long—yes; Doug Rademacher 22 —nay; Sean Conway—aye; Barb Kirkmeyer— aye. 23 MADAM CHAIR: Okay. At this time, the Permanent Application has been 24 denied. Sorry for that. I think you've heard the discussion. 25 MR. SIMPSON: Thank you guys for your time. Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 77 1 COMMISSIONER CONWAY: We wish you well. 2 MADAM CHAIR: All right. With that, there being no further business to 3 come before the board. We are adjourned. 4 (Weld County Board of County Commissioners discussion and voting on 5 Use by Special Review Permit No. 1785, is completed.) 6 CERTIFICATE 7 STATE OF COLORADO ) 8 ) SS 9 COUNTY OF ARAPAHOE) 10 11 I, LAURA M. MACHEN, an Independent Transcriber and Notary Public within 12 and for the State of Colorado, County of Arapahoe, do hereby certify the foregoing transcription 13 is true and accurate, with the exception of any distorted sound quality, correct spelling of proper 14 names, and/or as indicated within the transcript, i.e. (Inaudible) (Spelling). 15 This transcript is IN RE: DIGITALLY RECORDED PORTION OF THE WELD 16 COUNTY BOARD OF COUNTY COMMISSIONERS, DORIS CUNNINGHAM#2011-58 17 OF THE October 19, 2011 AM DOCKET. 18 19 DATED THIS 23rd day of March, 2012 20 /) 21 /(}�/�/ 22 LAURA M. MACHEN • 2 lV 1 µ 3 24 MY COMMISSION EXPIRES JULY 16, 2012 25 26 Laura Machen,Cert.Transcriber 303-798-0380 BOCC-Weld-10-19-11 " r alcd t) kaw,c, `--fy)4JL„, /02/742.0N. 0 RECEIPT DATE '_ . . NO. 66 ,; o -2 M RECEIVED FROM ,,«r ii-i: -.,-<Wdr:,, a m m ADDRESS mLin. ,. i U U ° o ,i' FOR _ _ ,7 k li,,, ,r /�;n. / , -O Y m w r O HOW PAID 5Ua0 CASH !e ' �Cr O foQj ��` CHECK .. . � . +® �R3 i i — BY r, i., t� MONEY ORDER O RECEIPT DATE 13-i-1- 13 Na. 86748 22° O- RECEIVED FROM (1 -k C e(.0 l`V JiC I k, L1-11) U o o ADDRESS --, y m m U U ° o >. FOR -11ZIL-v�(.v I 21-10n `.)C.141 Ll' -O Y m N �I }� � m w U d HOW PAID V:221 /-) i‘-6?(:_)5UIL0 1 CASH Air 0e -Pr 4E�a CHECK I 1' } �� HONEY o a ),I� 'JI� BY \ �rV 1 Esther Gesick From: Jeff Bedingfield [JBedingfield@bedingfieldlaw.com] Sent: Friday, December 07, 2012 3:30 PM To: Esther Gesick Subject: RE: Substantial Change Transcript Esther -- I was not aware that the bill had not been paid. I will make sure C&H gets it paid. Thanks. Jeffrey T. Bedingfield 2725 Rocky Mountain Ave., Suite 320 Loveland, CO 80538 Telephone: 970.663.7300 FAX: 970.797.1399 jbedingfield@bedingfieldlaw.com PLEASE NOTE CHANGE IN ADDRESS THAT BECAME EFFECTIVE OCTOBER 1. EBEDINGFIELD LLC This email and any attachment may contain privileged or otherwise confidential information. If you are not the intended recipient of this email, or believe you have received it in error, please advise the sender via email reply and delete it. Thank you for your assistance and cooperation. IRS CIRCULAR 230-- DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the correspondence contained in this email, and/or any attachment to this email, is a written tax advice communication, it is not a full "covered opinion". Accordingly,this advise is not intended and cannot be used for the purposes of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. In addition„the materials communicated in this email are intended solely for the addressee and are not intended for distribution to any other person or entity, or to support the promotion or marketing of the transaction or matters addressed in this email. Any subsequent reader should seek advice from an independent tax advisor with respect to the transaction or matters addressed in this email based on the reader's particular circumstances. From: Esther Gesick [mailto:egesick©co.weld.co.us] Sent: Friday, December 07, 2012 2:57 PM To: Jeff Bedingfield Cc: Esther Gesick; Chris Gathman; Bruce Barker Subject: Substantial Change Transcript Mr. Bedingfield, I have been informed of the recent annexation of your client's property(Cliff Simpson/C&H Excavation)and the likelihood that next week's hearing may be dismissed. I do need to remind you of the outstanding balance and payment due for a transcript which was ordered last year. I would like to deliver the transcript upon payment, in the amount of $119.00, so that I can pay the Transcriptionist and close this out before the end of the year. 1 t Thank you, Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street(P.O. Box 758(Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Esther Gesick From: Esther Gesick Sent: Thursday, June 21, 2012 11:29 AM To: Chris Gathman Cc: Jeff Bedingfield; Bruce Barker; Esther Gesick Subject: Cunningham/Simpson Transcript Attachments: RE: Substantial Change Hearing Exhibits and Transcript Invoice Chris, Thank you for providing a status update on the Cunningham/Simpson case. I haven't contacted the applicant's attorney, Mr.Jeff Bedingfield, since the date of the e-mail which is attached; however, I am still holding the Transcript from the initial hearing held on 10/19/2011 when the original application was denied. I would like to deliver the transcript to Mr. Simpson, since it was completed at the request of his former representative, Bill Hall. While the Transcript was being completed, I provided an audio copy of the hearing for Mr. Bedingfield's benefit; however,the Transcriptionist still needs to be compensated for her work. By way of copy on this message, I am asking Mr. Bedingfield to contact Mr. Simpson and request payment of the remaining balance due ($119.00) or consider the option of assessing the balance in conjunction with the fees due for the new land use application that is pending. Thank you, Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street)P.O. Box 7581 Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 • Esther Gesick From: Esther Gesick Sent: Thursday, May 03, 2012 1:26 PM To: Jeff Bedingfield Cc: Esther Gesick Subject: RE: Substantial Change Hearing Exhibits and Transcript Invoice Attachments: HE12-21.pdf; RE120851.pdf; 10-19-11 Transcript Invoice-Cunningham-C&H Excavation.pdf Jeff, Attached are copies of the 3/28/12 Substantial Change Resolution and Hearing Certification which are being circulated among the Board for signature; signed copies will be sent to you and the applicant once we receive them back. As previously mentioned, on 3/28/12 I did receive the transcript requested by Bill Hall on behalf of the applicant and have the $120 deposit. Upon payment of the balance, in the amount of$119.00(see attached invoice), I would like to send the document to your attention for use in the ongoing application process and for addition to the public record. Thank you, Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street)P.O. Box 758'Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jeff Bedingfield [mailto:JBedingfield@bedincifieldlaw.com] Sent: Wednesday, March 28, 2012 4:17 PM To: Esther Gesick Subject: RE: Substantial Change Hearing Exhibits and Transcript Invoice Esther -- Thank you for such prompt attention to this. I will speak with Mr. Simpson about getting the balance of the transcription fee paid. Again, thank you. Jeffrey T. Bedingfield 4025 St. Cloud Drive, Suite 230 Loveland, CO 80538 Telephone: 970.663.7300 FAX: 970.797.1399 jbedingfield@bedingfieldlaw.com SEDINGFIELD LLC 1 This email and any attachment may contain privileged or otherwise confidential information. If you are not the intended recipient of this email, or believe you have received it in error, please advise the sender via email reply and delete it. Thank you for your assistance and cooperation. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the Internal Revenue Service,we inform you that any U.S. tax advise contained in this communication (or any attachment) is not intended or written to be used, and cannot be used,for the purpose of(i) avoiding penalties under the Internal Revenue Code or(ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or any attachment). From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Wednesday, March 28, 2012 3:20 PM To: Jeff Bedingfield Cc: Chris Gathman; Brad Yatabe; Esther Gesick Subject: Substantial Change Hearing Exhibits and Transcript Invoice Mr. Bedingfield, Per your request, a copy of the Exhibits from today's hearing is attached. Additionally,following the hearing when I returned to my office,the original transcript had arrived with the attached invoice. Page 2 of the scan is evidence of a deposit made by Bill Hall, in the amount of$120.00, so the balance due is$119.00. Please have payment made to "Weld County" and sent to the Clerk to the Board's Office at the address below, so that I may in turn pay the Transcriptionist. Upon receipt of payment I can release the Transcript to your attention, and again, I wish to express my apology for the delay for the reasons discussed prior to the hearing. Thank you, Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street(P.O. Box 7581 Greeley, CO 80632 tel: (970)336-7215 X4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello