HomeMy WebLinkAbout20111495.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 15, 2011
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, June 15, 2011, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem — EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Assistant County Attorney, Lee Morrison
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners
meeting of June 13, 2011, as printed. Commissioner Garcia seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to add New Item of Business
3) Consider Collection of Solid Waste Surcharge from Compost Facilities. Seconded by Commissioner
Long, the motion carried unanimously.
PUBLIC INPUT: Doug Meyer, Weld County resident, indicated a couple of weeks ago Commissioner
Rademacher inquired as to what the Coordination Resolution proposed by the American Stewards of
Liberty was based on. He stated the Coordination Resolution was based on Shasta County's
Coordination Resolution, and he submitted a copy of the Resolution into the record, marked Exhibit A.
He indicated he will also provide a copy of the long version of the proposed Coordination Resolution he
submitted on behalf of the American Stewards of Liberty, marked Exhibit B.
Mr. Meyer stated it is the 796th Anniversary of the Magna Carta.
Mr. Meyer indicated he finds the old language pertaining to eminent domain in the Comprehensive Plan
to be clearer than the current language, and he requested the previous language be added back.
Lee Morrison, Assistant County Attorney, inquired as to whether it is Mr. Meyer's contention that the
State law does not provide for compensation, in regards to eminent domain. Mr. Meyer stated the
State law does provide for compensation in most situations; however, it does not concerning the Smart
Growth policy, where open space must be donated. He stated he was involved with a real estate deal,
and the City of Greeley required open space to be donated before the final plat was approved. He
Minutes, June 15, 2011 2011-1495
1:‘�� (' Page 1 BC0016
indicated it is not a problem for the City to request open space; however, the developer should not be
"held hostage" until they donate open space, without the City providing compensation for the space.
Commissioner Garcia thanked Mr. Meyer for providing this example, which may justify further
consideration of this matter by the Board.
CONSENT AGENDA:
In response to Chair Kirkmeyer, Elizabeth Strong, Acting Clerk to the Board, stated staff is requesting
that two (2) Resolutions be removed from the Consent Agenda, and reconsidered today. She stated
the Department of Planning Services was e-mailed a request for the withdrawal of these Recorded
Exemption applications prior to the hearing commencing on June 13, 2011, when the Board moved to
deny the Recorded Exemptions; however, staff did not read the e-mailed requests until after the
hearing was adjourned. She stated that staff is requesting the Board consider rescinding its previous
motions to deny the Recorded Exemptions, and consider granting the withdrawal requests, based on
the timing of the e-mailed requests. In response to Chair Kirkmeyer, Mr. Morrison confirmed the correct
protocol is for the Board to remove the Resolutions from the Consent Agenda, and for the Board to then
reconsider the items of business. Commissioner Rademacher moved to remove Item 21) Action of the
Board Concerning Recorded Exemption #4862 — KS Enterprises I, LLC, c/o Don Claps, from the
Resolutions listed on the Consent Agenda, and reconsider the matter. Commissioner Garcia seconded
the motion, which carried unanimously. In response to Chair Kirkmeyer, Mr. Morrison confirmed the
items will be reconsidered under Old Business. Commissioner Long moved to remove Item 22) Action
of the Board Concerning Recorded Exemption #4863 — KS Enterprises I, LLC, c/o Don Claps, from the
Resolutions listed on the Consent Agenda, and reconsider the matter. Commissioner Rademacher
seconded the motion, which carried unanimously. Commissioner Rademacher moved to approve the
Consent Agenda, as amended. Commissioner Garcia seconded the motion, which carried
unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Garcia stated 222 distinct customers
have been served by the Small Business Development Center (SBDC), as of the end of the month of
May, and 56 percent of those customers are existing businesses. He stated there has been an
increase of $460,000.00 in sales and the economic impact is $7,800,000.00 for this area. He stated 70
of those customers were from the City of Greeley; 17 were from the Town of Windsor; 10 were from the
City of Evans; four (4) were from the Town of Firestone; two (2) were from the Town of Frederick;
two (2) were from the City of Fort Lupton; and two (2) were from the Town of Kersey. Commissioner
Garcia indicated SBDC meetings have commenced at the Fort Lupton Chamber of Commerce on the
second and fourth Thursdays each month, and the next goal the SBDC has is to conduct meetings in
the Towns of Hudson, Keenesburg, and Lochbuie. He stated it is a great board to work on, with
exciting opportunities to work with new and existing businesses. He stated the next big event will be
Business in Action, which will occur this Friday, and there are 125 people registered to attend. Chair
Kirkmeyer indicated she is impressed with the number of people planning to attend the event.
Commissioner Long stated the Annual Human Services Steering Committee Membership Barbecue is
occurring at 12:00 p.m., and there will be an opportunity to purchase tickets for balls to throw at a
target, in an effort to dunk a supervisor, manager, or County Commissioner. He clarified people will
have the opportunity to dunk him at the event today. He stated the event will raise money for the
Steering Committee Membership, as well as help people to release some tension in a fun way. In
response to Commissioner Garcia, Commissioner Long stated the event will occur at the Island Grove
Park Pavilion. Chair Kirkmeyer stated the event sounds fun.
Chair Kirkmeyer stated she and Elizabeth Relford, Department of Public Works, spoke to the Town of
Kersey last night regarding an access management plan for the proposed intergovernmental
agreement for County Road 49, and the intergovernmental agreement will be considered by the Board
in the near future.
Minutes, June 15, 2011 2011-1495
Page 2 BC0016
NEW BUSINESS:
CONSIDER STATEMENT OF GRANT AWARD FOR JUVENILE DIVERSION PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Monica Mika, Director of Finance and Administration, indicated she
thought there would be representatives in attendance to discuss this item of business; however, the
Board reviewed this grant in a work session earlier this week. Commissioner Rademacher moved to
approve said award and authorize the Chair to sign. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
CONSIDER CONSENT TO ENFORCEMENT BY THE PLATTEVILLE-GILCREST FIRE PROTECTION
DISTRICT OF THE 2006 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN THE
DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY: Chair Kirkmeyer stated these
Resolutions are typically completed for each Fire District. Commissioner Rademacher indicated he has
reviewed the Resolution and it is consistent with the other Consent to Enforcement Resolutions, and he
moved to approve the Resolution. Commissioner Garcia seconded the motion, and it carried
unanimously.
CONSIDER COLLECTION OF SOLID WASTE SURCHARGE FROM COMPOST FACILITIES: In
response to Chair Kirkmeyer, Ms. Mika stated this Resolution has been scanned in for the Board to
view, a hard copy has been provided to each Commissioner, and it was also emailed to the Board by
Bruce Barker, County Attorney. Chair Kirkmeyer stated this is a Resolution the Board requested that
Mr. Barker prepare, concerning the collection of solid waste surcharge fees from compost facilities for
the remainder of the year. Ms. Mika stated there was a work session on this item yesterday, which
several members of the audience attended, and she disseminated some information at the work
session which is proprietary; therefore, she wants to make sure the information is not included in the
record. She apologized for distributing the information, and she stated the intent of providing the
information was to review the variety of users of these types of facilities. Chair Kirkmeyer read the last
paragraph of the Resolution into the record, and she stated the Resolution is consistent with what was
discussed in the work session yesterday. Commissioner Garcia indicated he does not support the
Resolution. He stated the first reading of Ordinance #2011-1 occurred in December, 2010, and the
Board has engaged the business community which is impacted by the proposed Ordinance from the
beginning of the process, and the Ordinance addresses a fee which is already in place and will begin
being implemented. He indicated he does not support delaying the fee enforcement until January,
2012. Commissioner Rademacher moved to approve the Resolution regarding the collection of a solid
waste surcharge from compost facilities. Commissioner Long seconded the motion. Commissioner
Rademacher stated he understands where Commissioner Garcia is coming from; however, it would not
be fair to provide fewer than three (3) days for the impacted businesses to renegotiate their existing
contracts, which is the reason he supports granting the additional time. He stated the fee is in the Weld
County Charter and it should have been being collected for a long time. Upon request for a roll call
vote, the motion passed three (3) to one (1), with Commissioner Garcia being opposed.
OLD BUSINESS:
FINAL READING OF WELD COUNTY CODE ORDINANCE #2011-1, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Commissioner Garcia moved to read Code Ordinance #2011-1 by title
only. Seconded by Commissioner Rademacher, the motion carried unanimously. Mr. Morrison read
the Ordinance into the record by title.
Trevor Jiricek, Departments of Planning Services and Public Health and Environment, indicated he is
available for questions.
Minutes, June 15, 2011 2011-1495
Page 3 BC0016
Carl Spaulding, representative for Stromo, a Class I facility, stated Weld County has a history of being
an agricultural-based area; however, with the current population expansion, agricultural ground is being
replaced with homes, shopping malls, and other uses. He stated historically crops have been fertilized
by spreading animal waste across the fields; however, the practice has been replaced by many by
applying manufactured chemicals. He stated due to the high cost of chemicals and the understanding
that high quality, affordable compost can increase crop yields, many farmers are replacing chemical
use with compost. Mr. Spaulding stated the increased crop yield is helping Weld County maintain its
status as an agricultural-based area. He stated the concessions offered by the Board are greatly
appreciated; however, the resulting proposed surcharge remains a major economical obstacle for the
survival of companies operating compost sites. He indicated the application of the surcharge
demonstrates a lack of the Board's complete support for the removal of compostable items from
landfills which can be utilized to increase crop yields for Weld County. Commissioner Rademacher
moved to approve Code Ordinance #2011-1 on final reading. Commissioner Long seconded the
motion. Commissioner Rademacher stated the surcharge is in the Weld County Charter and the Board
does not have the ability to override it. He stated these companies have been given a free ride for
years regarding this surcharge; however, he feels bound to support the Charter, which is the reason he
will support this Ordinance. Chair Kirkmeyer stated she was a Weld County Commissioner from the
year 1993, to the year 2000, and part of the reason she ran for election for the position in the first place
was because she had become active in her community regarding the number of municipal solid waste
landfills being considered for placement in the southwest portion of the County. She stated at that time
there were approximately 10 solid waste landfills being considered for the area, and the first surcharge
of five (5) percent was passed at that time by the voters of Weld County. She clarified the surcharge
was created for these types of facilities based on their impacts to Weld County, including road impacts,
blowing trash, and costs incurred by the Departments of Planning Services and Public Health and
Environment. Chair Kirkmeyer stated there was a study in the year 1993, which indicated 40 percent of
the trash in the Erie landfill was being delivered from the Denver area; not Weld County. She stated an
additional five (5) percent surcharge was later passed, which was specific to the Household Hazardous
Waste Program, in order to develop the Program and deal with the waste impacts, by removing
inappropriate wastes from the landfills and recycling or disposing of those wastes; therefore, the
surcharge is being appropriately applied. She stated the language in the Charter is very specific and it
identifies that the fee should be applied to solid waste disposal sites which require a Certificate of
Designation. Chair Kirkmeyer stated there have been changes as to how Certificates of Designation
have been applied and required over the last 30 years. She stated she was a County Commissioner
when the Use by Special Review (USR) Permit was approved for A-1 Organics, and the types of
wastes which were discussed for use at the composting facility at that time remain consistent with the
types of waste the County will not require a fee for. She stated A-1 Organics was not initially required
to obtain a Certificate of Designation; it was not until the facility began collecting Class III wastes. Chair
Kirkmeyer stated the Board needs to follow the County's Charter and it specifically identifies what the
surcharge should be applied for, and the Board has spent the last year refining and clarifying the
language and making sure it is fair and consistent for every waste handler and operator in the County.
There being no further discussion, the motion carried unanimously.
RECONSIDER RECORDED EXEMPTION #4862 - KS ENTERPRISES I, LLC, C/O DON CLAPS:
Chris Gathman, Department of Planning Services, stated Ms. Strong provided a thorough explanation
of this item. He reiterated an e-mail was sent to the Department of Planning Services which requested
that both this and the following Recorded Exemption applications be withdrawn. He clarified the e-mail
was sent at 8:43 a.m., on Monday, June 13, 2011, which was prior to the hearing commencing that
date. In response to Commissioner Rademacher, Mr. Gathman stated with a denial, the applicant
would have to go back through the Recorded Exemption process and demonstrate a substantial
change; however, with a withdrawal, the applicant can reapply for the Recorded Exemption at any time.
There were no representatives for KS Enterprises I, LLC, or Don Claps present. Commissioner Garcia
Minutes, June 15, 2011 2011-1495
Page 4 BC0016
moved to accept the request to withdraw the application for Recorded Exemption #4862.
Commissioner Long seconded the motion, which carried unanimously.
RECONSIDER RECORDED EXEMPTION #4863 - KS ENTERPRISES I, LLC, C/O DON CLAPS:
Mr. Gathman stated this is the other Recorded Exemption the previously discussed e-mail pertained to.
There were no representatives for KS Enterprises I, LLC, or Don Claps present. Commissioner
Rademacher moved to accept the request to withdraw the application for Recorded Exemption #4863.
Commissioner Garcia seconded the motion, which carried unanimously.
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW,
SPR#417 - LUCKY STARS CAR WASH, LLC, C/O PAUL GONZALES, JR.: Richard Hastings,
Department of Public Works, stated this collateral is for Lucky Stars Car Cash, dba Trigger Time Gun
Club, which is located south of State Highway 119 and east of County Road 7.5, and it is part of the
Western Dairymen Planned Unit Development. He stated the one (1) warranty period has been
completed, along with all the requirements by the Departments of Planning Services and Public Works;
therefore, he recommends the release of the collateral. Commissioner Rademacher moved to approve
said cancellation and release of collateral for Site Plan Review #417. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
CONSIDER AMENDED RECORDED EXEMPTION #991 - CHARLES AND MERNA VAN BEBER:
Chris Gathman, Department of Planning Services, stated the applicants are proposing to adjust a lot
line between Lot A, on their property, and Lot B, on Doris Cunningham's property. He stated the
applicants have also applied for a USR Permit on Lot B. He stated when this Recorded Exemption
was originally proposed, Lot A was .918 net acres in size, and the applicants are proposing increasing
its size; however, the County Code requires that Lot A must not be less than one (1) net acre in size if it
is utilizing public water, unless it is within a Zone District which allows smaller lots or has been
exempted by the Board of County Commissioners. Mr. Gathman stated the property is zoned
A (Agriculture); therefore, the lot line adjustment requires approval by the Board, and staff supports the
request, since Lot A will be increased in size. He stated there is an existing well for which the applicant
is in the process of obtaining a new permit for commercial use; therefore, there will be a requirement for
the Amended Recorded Exemption that the applicants submit a permanent easement agreement, to
authorize access and maintenance of the well from Lot B to Lot A. Commissioner Rademacher
inquired as to whether there will be a shared access. Mr. Gathman indicated there will be two (2)
separate access points; one (1) for each lot. He stated the Department of Public Works is requiring
one (1) access on each lot.
Bill Hall, representative for Doris Cunningham, Charles and Merna Van Beber, and C and H
Excavation, stated when he initially reviewed the proposed Amended Recorded Exemption, he knew
corrections would be necessary, since the septic system for Lot B is located on Lot A, and Lot A does
not have an access. He stated both accesses are on located on Lot B. He stated the entire property
was owned by one person, and due to farming conditions, the property owner lost the property and split
off the land their house is located on. Mr. Hall stated the Amended Recorded Exemption will correct
the lot line issues; each lot will have its own access, and the septic system for Lot B will be placed in
the correct location. Commissioner Rademacher stated it appears both accesses will remain on Lot B
and he inquired as to whether there will be an access agreement between Lots A and B to prevent
future miscommunication about access. Mr. Hall clarified that in the previously approved Recorded
Exemption, Lot A did not have a separate access; however, Lots A and B will each have their own
access in the proposed Amended Recorded Exemption. In response to Chair Kirkmeyer, Mr. Hall
indicated he is unsure as to whether the two (2) accesses in Lot B were approved with the original
Recorded Exemption, or whether the accesses previously existed at those locations.
Minutes, June 15, 2011 2011-1495
Page 5 BC0016
Cliff Simpson, representative for C and H Excavation, stated the previous access to Lot A was located
on the south side of the house in the 1970s; however, since then, new landscaping has been
completed to remove that access, and only the north accesses are utilized. He stated additional
accesses have not been necessary, and the access has never been an issue before now. He indicated
the intention is simply to provide an access for each lot, in order to prevent future problems. Chair
Kirkmeyer inquired as to how much traffic will be utilizing the access to Lot B. Mr. Simpson stated
C and H Excavation has two (2) gravel trucks presently which leave the site in the morning and return
in the afternoon, and there are nine (9) employees, which drive onto the site in the morning at 6:00 a.m.
in the summer and at 7:00 a.m. in the winter, and exit the site at 3:00 p.m. in the summer and 4:00 p.m.
in the winter. He stated other traffic may include incoming or outgoing freight, and there is currently
approximately one (1) incoming load and two (2) outgoing loads of freight per week. Chair Kirkmeyer
stated the traffic may not be a consideration for this proposed Amended Recorded Exemption;
however, she wants to make sure there is not a problem when the upcoming USR Permit is considered
for approval. She stated staff basically considered this access residential, and the utilization will be
slightly more intense. She inquired as to whether sight distance issues were considered and whether
there is a problem with the two (2) accesses being located too close together. Mr. Hall stated there
was previously a vegetable warehouse located on the property; therefore, truck traffic was previously
considered for the site. Chair Kirkmeyer indicated she is pleased the traffic matter has been
considered. Commissioner Rademacher moved to approve Amended Recorded Exemption #991, with
the Conditions of Approval, as presented. The motion, which was seconded by Commissioner Garcia,
carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda, with the exclusion of the Resolutions which were reconsidered for Recorded
Exemptions #4862 and #4863, for KS Enterprises I, LLC, c/o Don Claps. Code Ordinance #2011-1
was approved on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, June 15, 2011 2011-1495
Page 6 BC0016
There being no further business, this meeting was adjourned at 9:55 a.m.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO' ' DO
IF 1../%
ATTEST �.)
rbara Kirkmeyer, • air
Weld County Clerk to the : E trr � �t CUSED
�j / r `-ean P. Conway, Pro-Tem
BY: '1/1P ,
D uty Clerk to the :oar EXCUSED DATE OF APPROVAL
W • F. Garcia
APP AS •
AG tJ� F
David E. Lon
orney
Dou s Radem cher
Minutes, June 15, 2011 2011-1495
Page 7 BC0016
EXHIBIT
C blit.,ComevrT
a A
RESOLUTION OF IMPLEMENTATON OF COORDINATION BY THE
BOARD OF SUPERVISORS OF SHASTA COUNTY, CALIFORNIA
WHEREAS, Shasta County is a unit of local government under the constitution
and laws of the state of California,
WHEREAS, the Board of Supervisors of Shasta County is charged with
supervising and protecting the tax base and economic stability of the County, and
is further charged with implementation of local police powers including public
safety, health and welfare,
WHEREAS, the Board has found that it is in the best interests of the County to
perform its duties by asserting the coordination with federal and state agencies
mandated by federal and California law,
WHEREAS, federal agencies are mandated to coordinate planning and
management actions with local government by statutes including the Federal Land
Policy and Management Act, 43 US § 1701, and 43 U.S.C. § 1712, the National
Forest Management Act, 16 U.S.C. 1604, the National Environmental Policy Act,
the Clean Water Act, the Clean Air Act, the Homeland Security Act and the
Endangered Species Act, by regulations and rules implementing those statutes and
by Executive Orders directing intergovernmental cooperation and coordination,
WHEREAS,the California Constitution has recognized Shasta County's authority
to exercise its local police powers, and the California legislature has recognized
and mandated exercise of certain of those powers in specific statutes; and
WHEREAS,the California legislature has mandated coordination between local
governments and state agencies in statutes such as Government Code Sections
65300-65300.9, 65103, 65040, 65070, Water Code Sections 8125-8129, Streets
and Highways Code Sections 901, and 940-941.2, and the Public Resources
Code 5099.3,
NOW THEREFORE BE IT RESOLVED that Shasta County Board of
Supervisors does hereby assert legal standing as a unit of local government of
California to formally assert its coordination status with all federal and state
agencies maintaining jurisdiction over lands and/or resources located within Shasta
County and conducting planning and management activities that affect and impact
the residents and government of Shasta County,
BE IT FURTHER RESOLVED that the Clerk of the Board shall cause a copy of
the Resolution to be transmitted to federal and state agencies through its local,
regional or state offices and to all federal and state elected officials representing
the residents and government of Shasta County,
ADOPTED BY THE BOARD OF SUPERVISORS OF 1'HE COUNTY OF
SHASTA ON IHE DAY OF ,2010.
AYE: 1ST Dist. NO:
2"Dist. NO:
3'i Dist. NO:
4th Dist. NO:
5th Dist. NO:
CHAIR OF THE BOARD OF SUPERVISORS
Al TEST:
Clerk of the Board of Supervisors
a EXHIBIT
B
WELD COUNTY RESOLUTION ,L ( 20t
NUMBER 2010 BCC
RESOLUTION ASSERTING LEGAL STANDING AND FORMALLY INVOKING
COORDINATION WITH ALL FEDERAL AND STATE AGENCIES MAINTAINING
JURISDICTION OVER LANDS AND/OR RESOURCES LOCATED WITHIN WELD
COUNTY, COLORADO
WHEREAS, Weld County is a home rule charter county, a public unit of local government, and
a 5-member elected Board of County Commissioners serves as its chief governing
authority; and
WHEREAS, Weld County Board of County Commissioners ("WCBCC") is charged with
supervising and protecting the tax base of the county and establishing
comprehensive land use plans (including, but not limited to, the Comprehensive
Plan) outlining present and future authorized uses for all lands and resources
situated within the county; and
WHEREAS, Weld County is engaged in the land use planning process for future land uses to
serve the public safety, health and welfare of all the citizens of Weld County; and
WHEREAS, Weld County is comprised of primarily privately-held lands with the balance of
lands and/or resources publicly owned, managed, and/or regulated by various
federal and state agencies; and
WHEREAS, the citizens of Weld County historically earn their livelihood from activities
reliant upon natural resources and land which produces natural resources is
critical to the economy of Weld County; and
WHEREAS, the economic base and stability of Weld County is also dependent upon
commercial and business activities operated on federally and state owned,
managed, and/or regulated lands that include, but are not limited to, recreation,
tourism, mining, livestock grazing, and other commercial pursuits; and
WHEREAS, Weld County desires to assure that federal and state agencies shall inform the
WCBCC of all pending or proposed actions affecting local communities and
citizens within Weld County and coordinate with the WCBCC in the planning
and implementation of those actions; and
WHEREAS, coordination of planning and management actions is mandated by federal laws
governing land management, including the Federal Land Policy and Management
Act ("FLPMA"), 43 U.S. § 1701 et seq. Specifically at 43 U.S.C. § 1712,
regarding the coordinating status of a county engaging in the land use planning
process, FLPMA requires that the "Secretary of the Interior("Secretary") shall . .
Wage
. . coordinate the land use inventory,planning, and management activities . . .
with the land use planning, and management programs of other federal
departments and agencies and of the state and local governments within which the
lands are located"; and
WHEREAS, the coordination requirements of Section 1712 of FLPMA provide for special
involvement by government officials who are engaged in the land use planning
process; and
WHEREAS, FLPMA section 1712 sets forth the nature of the coordination required with
planning efforts by government officials and subsection (f) of 43 U.S.C. § 1712
sets forth an additional requirement that the Secretary"shall allow an opportunity
for public involvement" (including local government without limiting the
coordination requirement of 43 U.S.C. § 1712 allowing land or resource
management or regulatory agencies to simply lump local government in with
special interest groups of citizens or members of the public in general); and
WHEREAS, FLPMA, at section 1712, also provides that the "Secretary shall . . . assist in
resolving, to the extent practical, inconsistencies between federal and non-federal
government plans" and gives preference to those counties which are engaging in
the planning process over the general public, special interest groups of citizens,
and even counties not engaging in a land use planning program; and
WHEREAS, the requirement that the Secretary"coordinate" land use inventory,planning, and
management activities with local governments, requires assistance in resolving
inconsistencies to mean that the resolution process takes place at the beginning of
the planning cycle and during the planning cycle instead of at the end of the
planning cycle when the draft federal plan or proposed action is released for
public review; and
WHEREAS, FLPMA section 1712 further requires that the "Secretary shall . . . provide for
meaningful public involvement of state and local government officials . . . in the
development of land use programs, land use regulations, and land use decisions
for public lands"; and,when read in light of the"coordinate"requirement of 43
U.S.C. § 1712, reasonably contemplates "meaningful involvement"as referring to
on-going consultations and involvement throughout the planning cycle, not
merely at the end of the planning cycle; and
WHEREAS, the Environmental Protection Agency("EPA"), charged with administration and
implementation of the National Environmental Policy Act of 1969 ("NEPA"),42
U.S.C. 4321 et seq.,has issued regulations which require that federal agencies
consider the economic impact of their actions and plans on local government such
as Weld County, Colorado; and
WHEREAS, NEPA requires federal agencies to consider the impact of their actions on the
customs of the people as shown by their beliefs, social forms, and"material
2IPa _
traits", it reasonably follows that NEPA requires federal agencies to consider the
impact of their actions on the rural, land, agricultural, and resource-oriented
citizens of Weld County, Colorado who depend on the "material traits"of Weld
County, including agricultural production, agriculturally-related industry, animal
husbandry, livestock grazing, recreation,tourism, hunting, mining, and other
commercial pursuits for their economic livelihoods (all of which are critically
dependent on access to sufficient water and rights to sufficient water); and
WHEREAS, NEPA requires federal agencies to consider the impact of their actions on the
customs, beliefs, and social forms, as well as the "material traits" of the people;
and
WHEREAS, it is reasonable to interpret NEPA as requiring federal agencies to consider the
impacts of their actions on those traditional and historical and economic practices,
including commercial and business activities, which are performed or operated on
federally and state-managed lands (including but not limited to agricultural
production, agriculturally-related industry, animal husbandry, livestock grazing,
recreation, tourism,hunting, mining, and other commercial pursuits—all of which
are critically dependent on access to water and rights to water); and
WHEREAS, NEPA, at 42 U.S.C. § 4331,places upon federal agencies the"continuing
responsibility . . . to use all practicable means, consistent with other
considerations of national policy to . . . preserve important historic, cultural, and
natural aspects of our national heritage"; and
WHEREAS Webster's New Collegiate Dictionary (1975, at page 277) defines "culture" as
"customary beliefs, social forms, and material traits of a group;the integrated
pattern of human behavior passed to succeeding generations"; and
WHEREAS the National Forest Management Act of 1976 ("NFMA"), 16 U.S.C. § 1600 et
seq.,requires the United State Forest Service to coordinate its planning processes
with local government units such as Weld County, Colorado; and
WHEREAS, federal agencies implementing the Endangered Species Act of 1973 ("ESA") (7
U.S.C. § 136; 16 U.S.C. § 1531 et seq.);the Federal Water Pollution Control
Amendments of 1972 (popularly known as the Clean Water Act("CWA") (33
U.S.C. § 1251 et seq.); the Clean Air Act ("CAA") (42 U.S.C. § 7401 et seq.); the
Wild and Scenic River Act of 1968 ("WSRA") (16 U.S.C. § 1271 et seq.); the
Soil and Water Resources Conservation Act of 1977 ("SWRCA") (16 U.S.C. §§
2001 -2009); the Homeland Security Act of 2002 ("HSA") (Public Law 107-296;
6 U.S.C. § 101 et seq.) are required by Congress to consider local plans and to
coordinate and cooperate directly with plans of local government such as Weld
County, Colorado; and
WHEREAS, the executive agencies charged with implementing Congressional management of
the federal lands operate under presidential Executive Orders, administrative
3IPage
regulations and policies which require coordination with entities of local
government as to the subjects of all statutes previously set forth as well as outdoor
recreation, public access, and all other multiple uses of the lands; and
WHEREAS, the customs,traditions, and commercial and recreational uses of the lands in Weld
County have recognized and remained reliant on public access, including but not
limited to, the grants of rights of way under Revised Statute 2477, and other
public access guaranteed by Colorado state laws, as well as administrative
regulations and policies and federal and state court decisions which provide for
access to and through federal and state lands to, and for the use of, water and
points within and beyond federal and state land boundaries, and protection of such
access is subject to the requirement of coordination; and
WHEREAS, the coordinating provisions referred to in the resolution require the Secretary of
Interior to work directly with local government to resolve water resource issues
and with regard to recreation uses of the federal lands; and
WHEREAS, the regulations issued by the federal agencies in this resolution are consistent with
statutory requirements of coordination and direct cooperation and provide
implementation processes for such coordination and direct consideration and
communication; and
WHEREAS, the Colorado Constitution has recognized Weld County's authority to exercise its
local,police, and sanitary powers, and the Colorado legislature has recognized
and mandated exercise of certain of those powers in specific statutes; and
WHEREAS the Colorado legislature has stated that"[e]ach local government within its
respective subdivision has the authority to plan for and regulate the use of land by
. . . regulating the use of land on the basis of the impact thereof on the community
or surrounding areas . . . (and) planning for and regulating the use of land so as to
provide planned and orderly use of land and protection of the environment in a
manner consistent with constitutional rights." C.R.S. § 29-20-104(1)(g) and (h);
and
WHEREAS, the Colorado legislature specifically authorizes counties(and municipalities)to
designate certain areas and activities of"state interest" and regulate them. The
Areas and Activities of State Interest Act(C.R.S. § 24-65.1.101 et seq.,
commonly referred to as "1041 powers") authorizes counties to designate certain
areas of state interest from among four(4) specific categories: (a) Mineral
resource areas; (b) Natural hazard areas; (c) Areas containing or having a
significant impact upon historical, natural, or archaeological resources of
statewide importance; and (d) Areas around key facilities in which development
may have a material effect upon the key facility or the surrounding community;
and
4IPaL
WHEREAS, the Areas and Activities of State Interest Act also authorizes counties to designate
certain activities of state interest from among nine(9) specific categories: (a)
Site selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and sewage
treatment systems; (b) Site selection and development of solid waste disposal
sites (with certain exceptions); (c) Site selection of airports; (d) Site selection of
rapid or mass transit terminals, stations, or fixed guideways; (e) Site selection of
arterial highways and interchanges and collector highways; (f) Site selection and
construction of major facilities of a public utility; (g) Site selection and
development of new communities; (h) Efficient utilization of municipal and
industrial water projects; and (i) Conduct of nuclear detonations; and
WHEREAS, pursuant to C.R.S. § 30-11-101(1), each organized county within the state shall be
a body corporate and politic and as such is empowered with numerous powers and
purposes, including but not limited to: "(k) To coordinate, pursuant to 43 U.S.C.
section 1712, the"National Environmental Policy Act of 1969", 42 U.S.C. section
4321 et seq., 40 U.S.C. section 3312, 16 U.S.C. section 530, 16 U.S.C. section
1604, and 40 CFR parts 1500 to 1508, with the United States secretary of the
interior and the United States secretary of agriculture to develop land
management plans that address hazardous fuel removal and other forest
management practices, water development and conservation measures, watershed
protection, the protection of air quality, public utilities protection, and private
property protection on federal lands within such county's jurisdiction"; and
WHEREAS, pursuant to C.R.S. § 30-11-101(2), "Counties have the authority to adopt and
enforce ordinances and resolutions regarding health, safety, and welfare issues as
otherwise prescribed by law"; and
WHEREAS, pursuant to C.R.S. § 30-11-107(1), "The board of county commissioners of each
county has power at any meeting: (a) To make such orders concerning the
property belonging to the county as it deems expedient; . . . (bb) To provide for
the preservation of the cultural, historic, and architectural history within the
county by ordinance or resolution"; and
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO:
That the Weld County Board of County Commissioners does hereby assert legal standing
and formally invokes coordination status with all federal and state agencies maintaining
jurisdiction of lands and/or resources located within Weld County, Colorado and to all
federal and state elected representatives serving Weld County, Colorado.
BE IT FURTHER RESOLVED that the Clerk of the Board shall cause a copy of this
Resolution to be transmitted to local, regional, state, and national offices of all federal and state
agencies maintaining jurisdiction of lands and/or resources located within Weld County,
Colorado and to all federal and state elected representatives serving Weld County, Colorado.
5page
ADOPTED BY, The Board Of County Commissioners Of Weld County, Colorado on
, 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chairman
Pro-Tern
ATTEST:
Clerk to the Board of County Commissioners of Weld County, Colorado
[ SEAL ]
6IPa re
Hello