HomeMy WebLinkAbout20113280.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 19, 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
Administration Building, Greeley, Colorado, December 19, 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-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
(Clerk's Note: Elizabeth Strong, Deputy Clerk to the Board, typed the following minutes, based on the
notes taken by Esther Gesick, Acting Clerk to the Board, and the digital recording of the meeting.)
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County
Commissioners meeting of December 14, 2011, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on December 14, 2011, as follows: 1) Annual Meeting and 2012 Budget for Beebe
Draw Law Enforcement District Authority Board; 2) Annual Meeting and 2012 Budget for Weld County
Pioneer Community Law Enforcement Authority Board; 3) Annual Meeting and 2012 Budget for
Southwestern Weld County Law Enforcement Authority Board; 4) 2012 Final Budget; and
5) USR11-0002 — Robert Devoe. Commissioner Long seconded the motion, which carried
unanimously.
AMENDMENTS TO AGENDA: Commissioner Rademacher moved to remove the following item from
the Consent Agenda, under Resolutions, and Reconsider it as Item #2 under Old Business:
7) Reconsider Adoption of GASB 54 Standards and Applications. Commissioner Conway seconded
the motion, which carried unanimously.
PUBLIC INPUT: Doug Meyer, County resident and President of American Stewards of Liberty,
submitted an article, dated December 13, 2011, titled "Slaying a Giant," regarding the Dunes
Sagebrush Lizard and marked Exhibit A, and he read a portion of it into the record. He also submitted
and read a portion of an article, dated December 16, 2011, titled "Susan Combs Texas Czar,"regarding
Federal habitat conservation Plans in the State of Texas, marked Exhibit B.
Minutes, December 19, 2011 2011-3280
1, au\ Page 1 BC0016
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda, as amended.
Commissioner Long seconded the motion, and it carried unanimously.
BIDS:
PRESENT BID #61100158, ELEVATOR UPDATE FOR CENTENNIAL CENTER - DEPARTMENT OF
BUILDINGS AND GROUNDS: Monica Mika, Director, Department of Finance and Administration,
stated staff will present a recommendation for approval on January 4, 2012.
OLD BUSINESS:
CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT
LICENSE - LA MARAVILLA (CON'T FROM 12/05/11): Dan Joseph, Department of Public Health and
Environment, stated he just received an e-mail from the State this morning, indicating most of the
necessary documents were delivered last Thursday and were reviewed over the weekend; however,
there are a couple of required items which have not been submitted yet. He stated the Stated indicated
that it has set a deadline of December 21, 2011, to finalize the incomplete items, and by December 30,
2011, the State representatives will meet at the subject site to complete a review of the water treatment
system. He recommended a continuance of the matter until March, 2012, to coincide with the Liquor
License renewal deadline and the State's deadlines for completion of installation, based on the State's
determination that the facility is moving in a positive direction. Responding to Commissioner
Rademacher, Mr. Joseph stated continuing this matter will not create any serious health threats to the
public, since the water treatment system is being tested and the water samples must remain in
compliance.
Ruben Rodriguez, Owner, La Maravilla, stated he is in agreement with the proposed deadlines and he
feels it is possible to complete the required items within the proposed time period. In response to
Commissioner Conway, Mr. Rodriguez stated his license expires March 10, 2012, and Ms. Gesick
indicated the date nearest to that on which a regular Board meeting will be conducted is March 12,
2012. In response to Commissioner Conway, Ms. Gesick stated the State typically mails the renewal
application to the applicants three (3) months prior to the licenses expiring, and if Mr. Rodriguez
submits the renewal application to the Clerk to the Board's Office prior to the deadline, along with the
required fees, he will be covered by a grace period. Mr. Barker confirmed there will be a 120-day grace
period. Commissioner Rademacher moved to continue the matter to March 12, 2012. Commissioner
Conway seconded the motion, which carried unanimously.
RECONSIDER ADOPTION OF GASB 54 STANDARDS AND APPLICATIONS: Barbara Connolly,
Controller, stated further review by the auditors indicated the County should add two (2) items to the
Resolution, in order to be more compliant with GASB 54. She stated the first item the auditors
indicated the County should add is to identify a steady revenue stream for the Contingency Fund;
therefore, she proposes adding a half-mill into the property tax, and the amount can be reviewed and
amended, as appropriate, by the Board each year. She stated the second change is regarding the
TABOR Emergency Reserve Fund. Ms. Connolly stated that since there is no steady stream of
revenue, it cannot be listed as a Special Revenue Fund in the financial statements; therefore, it needs
to be moved to the General Fund and shown as a restricted fund balance. Commissioner Conway
moved to approve the amended Resolution. Commissioner Long seconded the motion, which carried
unanimously.
Minutes, December 19, 2011 2011-3280
Page 2 BC0016
NEW BUSINESS:
CONSIDER AMENDMENT NO. 2 TO CONTRACT TO PERFORM FUNCTIONS OF A SINGLE ENTRY
POINT AGENCY FOR MEDICAID LONG TERM CARE AND AUTHORIZE CHAIR TO SIGN: Judy
Griego, Director of the Department of Human Services, stated this amendment allows additional Single
Entry Point funds to be provided by the Colorado Department of Health Care Policy and Financing.
Commissioner Long moved to approve said amendment and authorize the Chair to sign. The motion
was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER MEMORANDUM OF UNDERSTANDING FOR BAGS OF LOVE PROJECT AND
AUTHORIZE CHAIR TO SIGN - IT'S MY VERY OWN, INC.: Ms. Griego stated this is a non-financial
Memorandum of Understanding, and It's My Very Own, Inc., will provide age-appropriate toys, personal
care items, and handmade blankets for children removed from their homes and placed into the
Department's custody by law enforcement and the courts. She stated the term of the Memorandum of
Understanding is for Calendar Year 2012. Commissioner Conway commented various Board members
have visited with the volunteers and this is an invaluable service, and he moved to approve said
Memorandum of Understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Garcia, and it carried unanimously.
CONSIDER PURCHASE OF SERVICE AGREEMENT FOR RETIRED AND SENIOR VOLUNTEER
PROGRAM (RSVP) AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN
COLORADO: Ms. Griego stated the term of the agreement is July 1, 2011, through June 30, 2012, for
a maximum amount of $500.00. Commissioner Long moved to approve said agreement and authorize
the Chair to sign. The motion, which was seconded by Commissioner Conway, carried unanimously.
CONSIDER TASK ORDER AMENDMENT #5 FOR CORE SERVICE IMMUNIZATION PROGRAM
AND AUTHORIZE CHAIR TO SIGN: Debbie Drew, Department of Public Health and Environment,
stated this is an annual amendment to provide immunizations to children in Weld County.
Commissioner Rademacher moved to approve said task order amendment and authorize the Chair to
sign. Commissioner Conway seconded the motion, and it carried unanimously.
CONSIDER STATEMENT OF WORK FOR COLORADO IMMUNIZATION PROGRAM (CIP)
OUTREACH PROJECT AND AUTHORIZE CHAIR TO SIGN: Ms. Drew stated this Statement of Work
enhances the ability of the Department to bill third parties for reimbursements for immunization
services. Commissioner Garcia moved to approve said Statement of Work and authorize the Chair to
sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER TEMPORARY CLOSURE OF CR 55 BETWEEN CRS 74 AND 76: Janet Carter,
Department of Public Works, stated said closure will commence December 26, 2011, through
February 10, 2012, in order to replace a bridge. She stated there has been a significant increase in
heavy truck traffic on County Road 55 since the last traffic count was completed, since it is utilized to
access two (2) hydrants used for loading and hauling water by the oil and gas industry. She stated
message boards will be placed on the road in advance of the closure, road signs and barricades will be
utilized throughout the closure, and magnesium-chloride will be applied for dust abatement. In
response to Commissioner Conway, Ms. Carter estimated there are approximately 800 vehicle trips
occurring per day, and the road is further impacted by the large nature of the trucks. Commissioner
Rademacher moved to approve said temporary closure, as recommended by staff. Commissioner
Conway seconded the motion, and it carried unanimously.
Minutes, December 19, 2011 2011-3280
Page 3 BC0016
CONSIDER NONEXCLUSIVE LICENSE AGREEMENT CONCERNING INSTALLATION OF
ELECTRICAL CONDUIT BENEATH CR 63 AND AUTHORIZE CHAIR TO SIGN - WELLS RANCH:
Ms. Carter stated this Nonexclusive License Agreement is for the installation of a private line in a
County right-of-way. She stated the Wells Ranch will be installing a conduit line for electricity on
County Road 63, between County Roads 68 and 70. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Long, the motion carried
unanimously.
CONSIDER SMALL TRACT OIL AND GAS LEASE AND AUTHORIZE CHAIR TO SIGN - NOBLE
ENERGY, INC.: Bruce Barker, County Attorney, stated this tract is 1.207 mineral acres, and Noble
Energy is offering $482.80, which meets the minimum requirement of $400.00 per mineral acre.
Commissioner Garcia moved to waive the bid procedure concerning oil and gas leases, accept said
lease offer, and authorize the Chair to sign. The motion, which was seconded by Commissioner
Rademacher, carried unanimously.
CONSIDER AGREEMENT FOR RECEIPT OF COURT SECURITY GRANT FUNDS AND AUTHORIZE
THE CHAIR TO SIGN ELECTRONICALLY: Chair Kirkmeyer indicated she electronically submitted the
agreement for acceptance of the grant funds on December 2, 2011; therefore, it is being considered
now as a formality. Commissioner Conway moved to approve said agreement and authorize the Chair
to sign electronically. The motion was seconded by Commissioner Garcia, and it carried unanimously.
CONSIDER REAPPOINTMENTS TO WELD FAITH PARTNERSHIP COUNCIL: Commissioner Long
moved to reappoint Ronald Wittow, Chris Dowen, Kelly Cocroft, and Wayne Syas, with terms to expire
November 1, 2014, Commissioner Conway seconded the motion, which carried unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE CHAIR
TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL: Ms. Mika stated this
agreement was presented to the Board in a work session, and it is for the Colorado Counties Casualty
and Property Pool (CAPP) claim payment for January 31, 2012. In response to Commissioner
Conway, Ms. Mika stated this item is not related to the budget discussion which took place at Colorado
Counties, Inc. (CCI). Commissioner Conway moved to approve said agreement and authorize the
Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously.
CONSIDER TOWER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - T-MOBILE WEST
CORPORATION: Mr. Barker stated T-Mobile West Corporation has agreed to charge less than
$400.00 per month for the tower lease agreement, per statutory limitation for the subject time period.
He indicated that beginning January 1, 2012, the rate for the tower lease agreement is $1,500.00 per
month and it includes $358.50 per month for the three (3) years the lease was not paid. He further
indicated the objectionable items have been removed from the agreement. Responding to
Commissioner Conway, Mr. Barker clarified the amount for the unpaid years will be $358.50 per month,
for the period of June 1, 2007, through June 1, 2010, for a total amount of $39,900.00. Further
responding to Commissioner Conway, Mr. Barker clarified the County should have been paying that
amount since the year 2001; however, the County was not billed, and statutorily T-Mobile can only
recover the amount owed since 2007. Commissioner Rademacher moved to approve said agreement
and authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, December 19, 2011 2011-3280
Page 4 BC0016
CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATION OF PAY
FOR NOVEMBER 2011 AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated she reviewed the report
and certification and found the document to be consistent with the prior months. Commissioner Garcia
moved to approve said report and certification and authorize the Chair to sign. The motion, which was
seconded by Commissioner Conway, carried unanimously.
CONSIDER SECOND READING OF CODE ORDINANCE #2011-12, IN THE MATTER OF
REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF
THE WELD COUNTY CODE: Commissioner Rademacher moved to read Code Ordinance #2011-12
by title only. Commissioner Long seconded the motion, which carried unanimously. Mr. Barker read
said title for the record. Chair Kirkmeyer stated this chapter includes various Fee Schedules, and Don
Warden, Director of Budget Management and Analysis, sent an e-mail out, requesting that the
Department heads which have fee changes proposed in this Ordinance to be present at today's
meeting. Ms. Mika stated there is also a work release fee included, which was increased from $12.00,
to $14.00 last year; however, it was not included in the Code before now.
Steve Moreno, Clerk and Recorder, stated he has a few proposed changes to election items with the
proposed Ordinance, in order to be consistent with State statute.
Trevor Jiricek, Director, Department of Planning Services, stated the Grading Fee Schedule for the
Building Department will be amended, per previous discussion, and a Planning Fee will be added to
collect incidental charges for non-technical preparation applications. He stated the Department has
previously charged clients a small fee for these services; however, it was not included on the Fee
Schedule. In response to Commissioner Conway, Mr. Jiricek stated the fee amount is $50.00 per hour,
which does not cover staff's hourly cost; however, there is a separate fee for completing consulting
work. Mr. Jiricek clarified this fee will apply to items such as the non-technical preparation of maps for
those who are not familiar with the land use process. No public testimony was offered concerning this
matter. Commissioner Garcia moved to approve Code Ordinance #2011-12 on second reading. The
motion was seconded by Commissioner Long, and it carried unanimously.
PLANNING:
CONSIDER PARTIAL CANCELLATION AND RELEASE OF COLLATERAL CONCERNING
IMPROVEMENTS AGREEMENT FOR USR #1723 - CEDAR CREEK II, LLC, C/O BP WIND ENERGY
NORTH AMERICA, INC.: Rich Hastings, Department of Public Works, stated this is a request for the
partial cancellation and release of collateral, and to retain 15 percent of the collateral for the second
phase of the project. He stated the substation and drainage basin have been completed, and the road
system has been upgraded. He further stated Cedar Creek II, LLC, do BP Wind Energy, will be
returning the turning radii to standard measurements following the removal of the turbines, which
require a larger turning radii. Mr. Hastings stated the partial collateral will be held as warranty collateral
for a period of one (1) year. Commissioner Conway moved to approve said partial cancellation and
release of collateral, as recommended by staff. Commissioner Long seconded the motion, which
carried unanimously.
CONSIDER CORRECTION TO BOUNDARIES FOR USR PERMIT #1033 - HIGH SIERRA WATER
SERVICES, LLC, AND 2NDAMUSR PERMIT #589 - ENCANA OIL AND GAS (USA), INC.: Chris
Gathman, Department of Planning Services, stated one of the sites is an old Conquest Oil disposal site,
which is now owned by High Sierra Water Services, LLC, and the other is an Encana site. He stated
originally Lot A was an idle site surrounded by Lot B, and this correction will modify the boundaries of
Lot A, to where it would border, and have access from, County Road 19. In response to Chair
Kirkmeyer, Mr. Gathman stated the correction will not change any access points or site layouts.
Minutes, December 19, 2011 2011-3280
Page 5 BC0016
Fred Otis, Attorney, represented High Sierra, and was present to answer questions. Commissioner
Garcia moved to approve the corrected boundaries for USR #1033, and 2nd AmUSR #589. The
motion, which was seconded by Commissioner Conway, carried unanimously.
CONSIDER RECORDED EXEMPTION, RECX11-0039 - FRANK FAMILY, LLC, C/O PAMELA
OVERMILLER: Tom Parko, Department of Planning Services, stated one of the Conditions of Approval
is to work with referral agencies, and the School District Impact Fee is the item in question. He stated a
referral from School District RE-4 was submitted, recommending the property owner pay an Impact Fee
in the amount of$2,240.00. He stated staff recommended the applicant meet with the School District to
review their concerns about the Impact Fee, and they came to an impasse; therefore, the matter is
being presented to the Board for review. Mr. Parko stated per the Weld County Code, staff must
recommend denial of the Recorded Exemption, for failure to satisfy all the Conditions of Approval. He
stated the applicant and the School District RE-4 Superintendent were both notified of this hearing and
are both present to address the Board.
Pamela Overmiller, applicant, stated this is a 2.9 acre site, and she has respect for the School District;
however, she is already paying property taxes to the School District, and this lot will be to the site for
her house to be constructed, with no further development to take place on the agricultural property;
therefore, she does not feel there will be an impact to the School District. In response to Commissioner
Rademacher, Ms. Overmiller stated there is an existing residence on the property for employees of the
farm. In response to Commissioner Conway, Ms. Overmiller stated she will be the only resident at the
home she will be constructing, and she will not have any children attending the RE-4 School District.
Stephanie Watson, Assistant Superintendent, School District RE-4, stated there are a lot of platted lots
within the District and its student growth has exceeded an average of five (5) percent over the past
five (5) years. She stated having the facilities necessary to accommodate the student growth is a
concern of the School District. She stated the School District treats the developers equally and fairly,
and in most cases, the School District is unaware of who will be living in the residences constructed
within it, and it is never known who the end residents will be, as the property is always subject to sale
and future residents who may have children. In response to Chair Kirkmeyer, Ms. Watson stated the
School District's Impact Fees were reviewed approximately three (3) to four (4) years ago, and at that
time it reviewed the actual cost per acre throughout the entire district and the formula addresses the
average number of students generated per household. Commissioner Rademacher stated he feels the
applicant has met the intent of the Weld County Code, and Ms. Overmiller will not have children in the
School District; it is her retirement home. Commissioner Garcia moved to approve RECX11-0039, with
the finding that Condition of Approval #4.C has been met. Commissioner Long seconded the motion.
Commissioner Conway concurred with the motion, since the applicant has attempted to address the
concerns of the School District, and the Board is not a collection agency. There being no further
discussion, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1719 - MARY ANN
PLONKA: Mr. Gathman stated this Use by Special Review (USR) Permit was originally approved on
May 5, 2010; however, the applicant, Mary Ann Plonka, passed away in the Spring of 2011. He stated
staff has continued to send correspondence to her address, since the County records reflect
Ms. Plonka as the owner, with the hopes that someone may respond on Ms. Plonka's behalf; however,
the letters were unclaimed and no progress has been made on the outstanding Conditions of Approval
or Development Standards. He stated staff is requesting a 30-day continuance to post notice on the
property and to attempt to contact Ms. Plonka's daughter to confirm the intentions of Ms. Plonka's heirs.
In response to Chair Kirkmeyer, Mr. Gathman clarified three (3) certified letters have been mailed to
Ms. Plonka's address and two (2) of the letters have been returned; however, the third has not been
received back yet. In response to Commissioner Conway, Mr. Barker stated he will contact Probate at
Minutes, December 19, 2011 2011-3280
Page 6 BC0016
the District Court and complete a search by the name. Commissioner Rademacher moved to continue
the matter to January 23, 2012. Seconded by Commissioner Conway, the motion carried unanimously.
CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1722 - DANIAL
OCHSNER: Mr. Gathman stated this USR Permit was approved June 16, 2010, and the applicant has
been working diligently on finalizing the Conditions of Approval, including submitting a Waste Handling
Plan, which has been approved by the Department of Public Health and Environment, and submitting a
draft plat, which is currently being reviewed by the Departments of Planning Services and Public
Works. He stated a Drainage Report has also been submitted and is being reviewed by the
Department of Public Works, and the applicant has indicated that Mountain View Fire District has
approved the proposal submitted for the Fire District. He stated the main outstanding item is an
Improvements Agreement, which is being drafted by the Department of Public Works and will be
finalized shortly, and he recommended the matter be continued for 30 days or referred back to staff.
Adam Smith, Civil Resources, Civil Engineer working on the project, indicated he is available to answer
questions, and he does not have any objections to a continuance or referring the matter back to staff.
Commissioner Conway moved to refer the case back to the Department of Planning Services staff for
completion. The motion was seconded by Commissioner Garcia, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance#2011-12 was approved on second reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:05 a.m.
BOARD OF COUNTY COMMISSIONERS
WEND COUNTY, CO O DO
ATTEST: Lr
arbirerr
Weld County Clerk to the Board
Sean P. Co way, Pro-Tem
BY: _ • . . sea • .4liwita.S
Deputy CIAk to the Bo. -� Y Ora I . �.
4;; �% Wi kps F. G cia
I um s.. :
'"''' David E. Long
Fir stk.
SOU ml
Dougla Rademac er
Minutes, December 19, 2011 2011-3280
Page 7 BC0016
. Page 1of3
ing A Giant-American Stewards
Protecting People and Property
HOME NEWS COORDINATION TRAINING MEMBERSHIP 1)oRATE Atour US STORE
Search... Register firer to:feces'and search all of our articles.
lt.g In';Register i=re‘.:
.J.'r -I quit wan:to complement you
Slaying A Giant ...j
the good work you folks are
doing. May the ai•ntghtr be
Like One like.Sign Up to see what your friends like. on our side to take our beloved
country back.'
Coordination Works I Dan Bytield 1 December t;;.Mutt • Alfred from Ne.,Mexico
'bur _ ` :yi
I•nr the(least seven months.American Stewards of liberty has been fighting a real -+4 "4.t."" °`„" ,i,
Life at flit. A(;(ant that has the ability to destroy an entire region which h curreuttly ,, r;,te, h :
provides 20 percent of all the oil produced in America. t ` -
ti 4.i.. t Donate
- ..
(t'r•not a forerun aeon or a terrorist getup.but a three-inch lizard kraow•tt as the 4 '__
Dunes Sagebrush Lizard(DSI.)supposedly only found in nine West Texas and southeastern New Mexico cor.mties.
:1s idiotic as it sounds,it is frightening to think that with the stroke of a pen,our United States federal government can destroy
two industries-cattle and oil-that are providing critical resit irees to our nation and,at the same time,shut down tens of
thousands of incredibly good-paying jobs ail for a lizard.
The Dunes Sagebrush Lizard is found abundantly in what is called the Permian Basin region. This region has landutxd oil and
gas for user uuo years and now the radical environmental group known as the Center for Biological Diversity(CBD)and the
U.S.Visit iand Wildlife Service(Seraive)U iim oil and gags production,pipelines and a tiibttsi teas activities are destroying and Schedule a Session
fragmenting the habitat of the DSL 10 the point that it must be protected by regulating man and industry.
Several years ago,Cltl.)filed a lawsuit demanding over sgo species be listed as endangered. Instead of fighting the lawsuit,the
Service settled the ease and agreed to begin listing.species immediately;tatting with the DSL in December.gotta FREE Download
In May of 2011,the Permian Basin Petroleum Association(PBPA)contacted American Stewards of tale rty and asked if we for Subscribing
would be willing to help fight the Service's proposed listing. Because the lizard's listing could potentially of e'ct over one INW
million acres of private property,we agreed to help. We started by educating.organizing and training multiple local
government entities how to stand tap to the federal government by utilizing our doordination strategy.
Receive the tuff Download of
It didn't take the county judges bun:;to figure out that we offered a very powerful tool through coordination and we began "Cooperation ratirnr vs.Coordination"
drafting letters fur them to send to the Service requesting meetings. when you Subscribe
Under Section t533;(b)(1)(A)of the Endangered Species Act(ESA),"The Secretaiy'shall make determinations(to list species
to our e-Newsletters.
as endangered)...soteh on the basis of the best scientific and commercial data available to him after conducting a review of the Sign Up Today 4)
stains of the species and after taking into account those efforts,if any.being made by any State...or any political subdivision of
a State...to protect.such species..."
Section 1g t(2)of the ESA at..ao states: "Ii is further declared to be the policy of Congress that Federal agencies shall cooperate Read Previous Articles
with State and local agencies to resolve water resource issues in conceit with conservation of endangered species." "Coordination Agency Status"
It was under these two section,that we immediately began demanding the Service atordinate with eight of the nine counties. Does Not Exist
one city and one soil and water conservation district. After a few months,we finally arranged meetings with the Bureau of -(.o ordination SI'C)PS'['ran,masi',n
Land Management(BIM)in Lea County.NM and the U.S.Fish and Wildlife Service in Chaves County,NM. We also.through Liue Deep in the Heart ut Texas
U.S.Senator Comm(R-'IX)were able to arrange a meeting in Midland.Texas with Dan Ashes the newly confirmed Director of -Two Court Cases Decided for
US.Fish and LNitdlife Service and Dr.Benjamin Toggle.the Southwest Regional Director from Albuquerque,NM.
Coodinatinn
Three Retiavgrc t,Like.N1•pi
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Asa* NM �_ ....i- ....L.t:,,.,t:,..,,/,.,,,,r.Minntirwi_asrnrt"c/clavino_a..oiant9ntnt content=-la... 12/14/201
Slaying A Giant- American Stewards Page 2 of 3
In all these meetings and our follow-up cerr spondene e,we began inundating the Service and RIM with new scientific -The Name of the Brame: lea
research.studies and reports that proved the science they were relying upon to make their determination to list was wholly -w ild 0lman NRCL Invokes the.DDal:,
deficient. We wine,in effect.legally noticing them that they were in violas ion or their Vw1n statute and needed to take into Quality.tct
consideration all the new science we were providing. -one state's solution to uamtinat inn
-Arizona(',ordination I,e•giAdlian
In their December.2010 notice in the Federal Register,they cited specific documents as their definitive references that proved Becomes comes'M der Rm
the lizard deserved to be listed. All they did was take CRrrs mad-scientist's research and incomplete studies and use them -Coordinating Monument Manna wait
verbatim to claim the DSI.was endangered by oil and gas development forcing them to promulgate regulations to control the Plans
industry.
Some of the deecalnsents cited by the ticricx included mere opinions,unsigned and undated cue-page field notes.mails and
tint-dated,non-peer reviewed data. All of which contained numerous inaccuracies and outright false conclusions that they AM.F RICAN
claimed was the"hest scientific data'available. STEWARDS
Fortunately,Congress is currently looking into this very issue of"best scientific data"because of all the bogus science American Stewards of Liberty is the
environmentalists ntalists and our federal agencies are using to list species as endangered. And.there are even recent court eases only non profit organization that
wilt-re judges are beginning to scold the federal government on science that doesn't adhere to the Information Quality Act or trains local leaders how to use the
the Service's own IQA Guidelines for"quality..obje cticity.integrity,and utility." In other words,they are using inaccurate coordination process to protect
science to push their agenda down the tlmaLs of millions of Americans and our resource-producing industries. their land,economy and way of life.
This unique.ctrate,,is just one of
Fortunately,to counter their biased and false science.we were able to have the benefit oh four Texas Tech scientists hired he
the things we do to help Americans
the PRPA who performed true and accurate scientific studies totally refuting the C'BD's and federal government's science and
protect their private properly
claims that the lizard was almost extinct and needed serious industry regulation.
rights.
To date,we have presented six new and scientific reports directly to both Dan Ashe and Benjamin in October loin or donate today.
as
and mailed certified copies to Secretary Ken Salazar in Washington,D.C.
in our public meeting with Dan Mlle,we got hint to admit that his Agency would accept and consider any new scientific amid
commercial data prior to making his decision,however,to hold him to his promise.the counties.State of Texas and several oil
and gas companies have drafted legal petitions to tile in Federal Court should the Service decide to list and not take our new
data into consideration.
In fact,as of the writing of this story,the U.S.Fish and Wildlife Service announced it was extending the deadline to make the
determination to list for six months from Des'entber 5th,as allowed by the PSA.Biting`insufficience'and accuracy of the
science'as their reason to extend.
That"disagreement regarding the sufficiency and accuracy"of the science is precisely because of the local government's efforts
through coordination that legally noticed the federal government of their laid science.The information gathered through the
two coordination meetings front the RIM and Serice,as well as.the six new scientific studies by TOMS Tech biologists.forced
the Service to back off their December 14th deadline and extend it until June of 2012.
That glare can be considered a victor-since no one gave us a chants•to stop this listing. Even our State Comptroller Susan
Combs.who is now known as"Surrender Susan'has been working behind the scenes with the Service and other
environmental groups to put together what she calls the Texas Conservation Plan(TCP).
The TCP is nothing but a habitat conservation plait where the federal government will get a federal toehold in our state to
regulate ranchers and the oil and gas industry. Combs is seen us literally throwing in the towel while others of us are still
lighting the good fight and to date are holding our own against the federal government with no help from Combs. See the
'Texas Czar'story for niore on Susan Combs'efforts to help the federal government.
The amazing part about Coordination is our fortune of working with dedicated,local elected officials who all understand that
listing the lizard is not about protecting the environment and an endangered species.but is nothing more than a political
agenda by bureaucrats,radical environmentalists and the Administration to destroy two vital industries of our American
economy.
To ae•complish part of that goal,over the past five or more years.our federal government has tried to shift our nation away
from fossil fuels(oil and;gas;to'renewable energy."mainly wind and solar. What has become painfully clear within the past
month with the Solyndra scandal is.it's not about mining our nation toward renewable evert,,but paying off political
supporters with federal las dollars under the guise of government subsidies and debt subordination agreements.
e" et n e"int t
Slaying A Giant - American Stewards Page 3 of 3
Coordination is a powerful loth that must he legisbniaely and legally protected. Our detractors are learning that we are able
and capable of standing up to their deceitful autaida,especially when the oil and gas industn has nova`discoserinl"our
sL ateat. Educating
"lle local pmph:ware helping aill sun ive this lizard lieht,but the list of species will continue until we finally take back ••u.�..._a.h ,1.u.r •and.
a ai gross acah t`alionut r ud Teasotiable leaders t.ho,sill stand utt to these nad dal liberals Is who .ath to destrca our nation under afitecting pitapat ar,d
tie muse of sr-ingont planet from im roar)roan-made catastrophes a o,xties nc c.iou:
s rr rro ,u..).r Gi on,a. od
if]i hrn.gm emu ten t will elhnt'URIC togrom.unabated and aye will have O Its more giants lice the three-inch lizardtn keep
(1. ., r p aturas_
our nation front marching in lockstep toward saitlum_ The lizard is just the fiat step in many that we,have to win. It's that
important of a fight.
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Dec 13 - 2011 - Liberty Matters -News Publications - American Stewards Page 1 of 4
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0 State Comptroller Susan Combs niil a>,in heroine our state's first self-appointed('ear.
Remember Me
During the last Speeeia1 Session in June lit sett.Comptroller Conlhs had state
Repnwentatite Wet i'eri Chi in t treftri Pampa.Texas add.amondutcnt\u.wen In Slt 1.4
Login
Amendnrein No.uo was very euri(eus because during theWaning hours of the Special Forgot your Password?
Session,the Comptroller,if Public Amounts was specifically designated as having the Forgot your C'sernatur.'
• authority to"apply for and hold a federal permit issued in connection with a habitat Register
e onsenation plan or candidate conservation plan developed by the txnuph oIlrr..."
This now means whoever becomes our state Comptroller.including Susan Combs.will have the poser to act its proponent,
creator,holder,arbiter.fee-setter and implementer of any or all federal habitat conservation pleats in the state of Texas.
tla vun4 this type of power'ctuaeks of must happened in 41'ashiregton.D.C.%then out current president took office:nad by fiat
appoiutexi doyens of czars to implement his radical agenda. Why in the world did our slate Legislature give Susan Combs this
;onset.? She asked for it! Rut,ahr?
this all canoe into sharp focus over one issue American Stec ards of Liberty(ASL)finds itself right in the middle of in west
Texas. The U.S.Fish and Wildlife issued at proposed rule on December ta,from to designate the Dunes Sagebrush lizard
(PSI.)as endangered under the Endangered SpeeiesAct. In May of this year.ASI.was contacted by the nil and gets industry in
West'Texas to help tight the listing through coordination.
We(middy cone to realize then:were two distinot factions within the oil mid gas iudustn falling on opposite sides concerning
the inept isrd listing. There were those who ascribe to the-pay-to-ply'unwept where('certain companies are a filling to plat
the political game of pining the federal government the extortion denemttdei_l rather than risk a fins or waiting years to obtain a
;egs;permit. And,there are those producers who an'willing to take a stand and tight.
It was those producers who derided to stand and tight that eatue to us and asked if we could help the ranchers,counties and i,8R'
o.0
other local government entities tight the listing using our coordination stt afegi. We organized four counties in texas and tour # '� "t�)'<
in Net(Mexico.along with the Sandhills Soil and Water District and the City of Monahans to light for the property rights of f Ie•
alaktaall
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Dec 15 - 2011 - Liberty Matters-News Publications -American Stewards Page 2 of 4
their citizens and laudownets. As an aside.the Permian Basin provides 21)percent of our nation's domestic oil;id gas
production. this issue is critical to our cations economic future.
We've now had two coordination meetings in Chaves and Lea Counties in New Mexico and one private meeting in Midland.
'texas with both Dan:',hr,Director of the U.S.Fish and Wildlife Service and Dr.Benjatnin'I'uggle.the Southwest Regional
Director of Fish and Wildlife. Ives County's coordination meeting was with the Bureau of Iand Management and Chaves'was
with Mr.Wallie Murphy from the SW Regional office out of Albuquerque.
Because the Endangered Species Act is twat specific during the proposed listing pro ess,t+r.lu;id to totally concentrate out the
"hest scientific and commercial data available"to not only discredit the federal govenimeau's science.hut came up with the
''beast"scientific and ex,nnnercial data"available to prove the lirnd is not enditng e:rcd and doses not dose use to Ix'listed as
endangered,
So.w hile all this was going on,('ornbs was behind the scones working with the fider al government mid multiple
"stakeholders"to comma up with a state-wide initiative known as the fetxas Conservation Plan to deal with the DSl.listing and
others that are on the horiam.
(In Thursday,October 6.201 t,the U.S.Fish and Wildlife published Comb's Texas Conservation Plan in the Federal Register
on page 62(.87 eefe•rr:d to as Permit number T-55;tsa\-o,CFR Ike:.s a(tt1-2:5'54 asking for public comment,. In the mean
time.she is get to publish her own state-wide rules wider the legislation piessed tinder SB f last June and it's these state rules
that will;ivy her czar-like powers in the state of Texas.
When read carefully,it's hard to understand who the rules were written for and why because they appear to facilitate the:
federal goveruueent's agenda to gain control over as much private peop eat)as possible. It appears that Combs doesn't think
we out fight the Endangered Sp et ies Act and her Texas Conservation Plan is"our"solution.
According to her own rules,the Comptroller Bain anise a habitat plan to he instigated if'it species of plant or wildlife that the
comptroller has]earned has been or man he listed by a Federal species agent as threatened or endangered pursuant to the
USA where such action may have an adverse impact on economic activity in the state."
The stale statute and her proposed ntles give the Con iptroller power to:
u)Develop elop and submit an application for a federal permit:
a)Create and Coordinate workgroups comprised of"stakeholders'like property owners.eities,counties,state agencies.federal
agencies.universities.individuals.associations.and municipal districts. Many in these stakeholder groups:re unelected
individual who are like the fox t uardiug the herr lot Ise because they are affiliated with eminmmental groups who are vet•
supportive of these types of conservation plans;
i fixate a funding aterhanism to Char*:tees to participants of a conseer'atinn plan in Texas:
4)Implemei»a permit or plan:
5)'Fake any"reasonable and ucressare'actions to obtain a federal permit:
6t t ourdinare and per inn actions in exompliance with the terms of the'remit and plan:
-g Enter into all interagency contract,MOU,or other appropriate agreement to Is,performed by the Comptroller;
A)Enforce eannplianerofall parries with this Act:and
9)I ernrinate any party t('im um:mein etmein for ran-C(xupliance tat the wore discretion of the Comptroller)
One of the most unbelievable aspects of these rule;is the Comptroller's ability to assess fees associated with any plan
developed. Combs and the proponents of this scheme will say it's all'voluntary"and fix. can only he assesstxp if the
"stakeholders'develop the fee structure during the formation of the plan. But,the mules go oat()say"The Plan may allow the
comptroller or designated permit holder the flexibility to adjust the fees as nereasa}'."
So.not only dotes the emit ptrotier have the ability to formulate a plan.slue has the ability to adjust the fees at her sole
tlia•retion. She can terminate anyone from the plan for non-compliance.charge and adjust fees.deride ifa habitat
ronsarattion plan or a t'ondidate conservation plan is best for you and your local community•and she can instigate legal
remedies if she determines someone is in now-complcutce,
In fact.legal rt•nxxlies in her proposed rules include nottitirlg`the Attorney General';Office,the Comptrollers Criminal
lnvcstieiitiurr division,the Comptroller's Internal Audit Division,the State Auditor's office or a federal species agency
regal cling issues related to non-compliance."
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Dec 15 -2011 - Liberty Matters -News Publications - American Stewards Page 3 of 4
For:ears.the citirens of the great State of Texas have stood lion against thefederal government and their attempt to regulate
private property tiros rat:the Endangered Species Act. For some lights.the federal;government has won.but for many,we've stood.fought and heat back the a'wernment's attempt to control mill ions of acres nt private property. Educating.
put.when a state-e kie elected officer starts negotiating and appears to yield to the federal gov-ennncot by dewing the Toms iurxtt•Ante'1O.1{V,ul.
Conservation Plan,you have to wonder why. She has always claimed to be a proponent of private property,but the private at:i e riaz property a;.ght at:d
property m tiers I know didn't at'k her t"ir this plan. Malt ideal liberties:Meet-ail u'.:o
puhinrat i.)ne:,itc!miinr,('Ye Nee!
Many landowners in Nest Texas feel like Combs has thrown in the towel before ever putting up a acxd old Texas tight.
Ccx)rcfii:et o;l he)rks.
Unfortt nately.in some circles,she's been called"Surrender Susan'for the work she's done to create this Plan. Perhaps she
believes she is saving our state from"big"government,but all she's doing is play ing into their hands and allowing their agenda
to grow and spread in our state. She's now invited the whole camel iitside the teat and I'm afraid there's no getting rid of it.
Under her rules,the Comptroller appears to try and control the cirmnnstanc.s surrounding these habitat conservation plum,
but she can't control the federal government. it.,she thinks she can do that,ale's playing with fire. Someone will get burned
and it will near than likely he the individual landowners who will tall under one of her plans.
So,what's the pure ese of this? It appears to be about who is going to control private property when an etidaugered species is
present. Combs has now placed herself is a Ix'sition of the elite who think they I:unw what's best for Texas and what's best for
private property and landentmers.
Rather than fighting the good fight.site is hastening the demise of niauy latndowners rights M Texa,. She will claim these
plans are`voluntary,"but read the line print. Yes.as a landowner you can agree to participate or nut. If yott egret'to
participate.she alone can determine the amount of fee you will pay to participate. If you don't like the roles.the fees,or the
plans,she can terminate your igreerneut.
t o iloelge those who don't wish to participate into one ut these plans,proponents will say:`then.you're on your own and good
lurk nblaining a federal permit. That will take you 18 months to two years."These'v)luntary'pion;make you believe you
have to participate or else you're doomed and it's the federal government who's to blame.
Remember.each phut amt be approved by the federal government. 13in,to obtain that approval,the federal government has
the sole discretion as to how many private acres will be needed for the pxrueit. Because there are over too species alxlui to be
listed as endangetrtsi hi the state of Texas,the federal government will now have a state structure in place that will help create
plans to enroinpass massive amounts of private acre_s io satisfy their greed fur ruiner and control. And,you won't have a say
unless you're urn'of the"stakeholders"appointed by the C'omptrolle'r.
'I7tis is where the tern;"voluntary"no longer applies. 'These conservation plans will euc'onrpass thousands,if not millions of
private acres in order fur the federal government to hesatisfied the Endangered Species Act is being complied with.
Each plan will determine how many axes will be needed to"protect"an endangered species. The plans will cone with neap,
that determine whit will he required to participate.ticipate. Participation includes a term called"mitigation." Mitigation is a fancy
terra for extortion to the government for the"benefit"of using their plan should you have the misfortune of hating endaugcrd
spa';ies. Mitigation eouree in several forms—a per acre tee,set-aside acres of your own land,or purchase of other acres
(normally 3 to t}.
If your land falls within one of these plan maps.your land has lust become enc•unrlu'red,but do you think they will pew you for
is hat amount,to i everse condemnation? Of c•nrse not! Feu have to pay them. Remember,this is a federal plan and the
feiteed government has figured out how to take private property without paying just compensation cL required by the FM
Anx'udmeut to the C'uusti tut ion. Why would Comb;,who supports private property,enable this typo'of theft by our fexk•ral
govemi n•nt?
The federal government is basically a coward that bullies local governments and citiians into compliance. (taxi examples
include the City of AUStiii and Ileitis County,Round Rexk and Williamson County,Bastrop County,and now Corral County
it hoe they we all created"stakeholder"eolist'r'atiou plans because their elected officials would not stand up to the hslerd
thugs,
pa•atise they all wont along with the tederi31 goverment,they are all now regulated by thou. I guess Combs thinks she can
ma maneuver and entice the feds to be her friend,but that's precisely'what they want her to think. She's played right into their
hand;and its the landowners who are going to pay the price. Why do we in'fesas wish to make the federal government's
ability.to control private property easier?
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Dec 15 - 2011 - Liberty Matters - News Publications - American Stewards Page 4 of 4
.anl why in Texas could Ye wont someone to love lcve powers that r :mile ihohe of,,Gar?
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