HomeMy WebLinkAbout20100318 RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 10, 2010
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, February 10, 2010, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of February 8, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, submitted a copy of a proposed Resolution, marked
Exhibit A, and indicated he is present at today's meeting to speak regarding the Environmental
Assessment for the Pawnee National Grasslands. He stated he spoke with Bruce Barker, County
Attorney, several weeks ago, at which time it was indicated that the Board wanted to be made aware of
conflict before a Resolution of coordination would be completed. He clarified during his review of the
assessment, the impact to the human environment was only mentioned in one sentence; therefore, he
believes the assessment is insufficient and incomplete. He indicated the assessment is in conflict with
the Environmental Protection Agency (EPA) Data Quality Act. He stated Ranger Lori Bell previously
indicated there would be no effect on the human environment caused by the prescribed burns and
other activities on the grasslands; however, he does not believe that is true. He clarified when the
grass is burnt, instead of grazed, the ranchers and community-at-large lose out. He requested the
Board re-review the assessment to determine whether the assessment is insufficient and incomplete.
He indicated the proposed rule change to regulations is an attempt by a rogue agency to avoid the
Congressional mandate for coordination between state and local governments. He stated the proposed
rule change is also an attack on state and local sovereignty, through the 10th Amendment. Mr. Meyer
indicated any comments provided on the proposed rule change must be provided by February 16,
2010, which is the last comment period before any possible modifications are made. Commissioner
Minutes, February 10, 2010 2010-0318
Page 1 BC0016
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Conway expressed his appreciation to Mr. Meyer for his concern and for bringing this issue to the
attention of the Board.
CONSENT AGENDA: Commissioner Garcia moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: Commissioner Conway indicated the initiative
concerning the Emissions Bill, sponsored by Senator Renfroe, will be discussed today within the
Legislature, and he will be attending the hearing and testifying on behalf of the public. He clarified the
legislation introduced is for the repeal of Senate Bill 3, which is known as the Emissions Bill, and he is
pleased that Senator Renfroe has supported the repeal of the Bill, and this matter will also be
discussed more in depth at the March 18, 2010, hearing to be held at Island Grove, concerning air
quality control.
BIDS:
PRESENT BID #B1000055, PRAIRIE DOG CONTROL ON-CALL - DEPARTMENT OF PUBLIC
WORKS: Monica Mika, Director of Finance and Administration, indicated seven vendors submitted a
bid into the record. Said bid will be considered for approval on February 24, 2010. Chair Rademacher
indicated there appears to be a large disparity in the amount of the bids provided.
PRESENT BID #B1000064, PICKUP MOUNTED LIGHTED MESSAGE BOARDS - DEPARTMENT OF
PUBLIC WORKS: Ms. Mika indicated four vendors submitted a bid into the record. Said bid will be
considered for approval on February 24, 2010.
NEW BUSINESS:
CONSIDER AGREEMENT CONCERNING TRANSFER OF SURPLUS AMBULANCE AND
AUTHORIZE CHAIR TO SIGN - CENTURA HEALTH PREHOSPITAL SERVICES: Dave Bressler,
Director of Paramedic Service, stated this agreement allows for the transfer of the ambulance vehicles
which were previously declared as surplus property by the County on February 1, 2010. He clarified
the proposal from Centura was to utilize grant funds by refurbishing the donated ambulances and
creating mobile learning labs for paramedic students. He indicated in exchange for the donated
ambulances, Centura will provide approximately $36,000.00 in educational services for employees of
the Department. He confirmed the educational services will enhance the training and skills of our
paramedics, and will provide some additional support to the Department. Commissioner Garcia
expressed his appreciation to Mr. Bressler for his diligent work to coordinate this project, and he is
pleased that employees will receive the chance to increase their education levels, which provides
additional value to the County. Commissioner Conway concurred with Commissioner Garcia, and in
response, Mr. Bressler expressed his appreciation to the Board for their patience with pulling all the
details of this agreement together. Commissioner Conway moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER GRANT CONTINUATION APPLICATION TO DIVISION OF CRIMINAL JUSTICE (DCJ)
FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN: Kirsta Britton, District
Attorney's (DA) Office, stated the DA's Office has been receiving these grant funds for the past three
years, and 2010 is the final year of the grant cycle. She requested approval of the grant application so
that it may be submitted to the State to receive the appropriate grant funds. Responding to
Commissioner Kirkmeyer, Ms. Mika confirmed this grant was discussed during Budget work sessions,
and she confirmed this is a continuation grant, not a request for new grant funding. Commissioner
Long moved to approve said application and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
Minutes, February 10, 2010 2010-0318
Page 2 BC0016
PLANNING:
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL (PRIVATE ROAD MAINTENANCE)
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES,
LLC: Kim Ogle, Department of Planning Services, stated the applicant has requested release of the
remaining warranty collateral, for private improvements, in the amount of $54,836.70. He clarified staff
has determined that the improvements completed on the site are acceptable. Rich Hastings,
Department of Public Works, clarified the collateral was held for on-site improvements within the
nine-lot subdivision located near County Roads 1 and 38. In response to Chair Rademacher,
Commissioner Kirkmeyer clarified this is the final release of collateral for the private improvements.
Responding to Commissioner Conway, Mr. Hastings indicated a partial release of collateral was
completed approximately one year ago, and now that the standard warranty period has been
completed, staff is recommending the release of the remaining collateral. Commissioner Garcia moved
to approve said cancellation and release of collateral. Seconded by Commissioner Kirkmeyer the
motion carried unanimously.
CONSIDER CANCELLATION AND RELEASE OF COLLATERAL (PUBLIC ROAD MAINTENANCE)
FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES,
LLC: Mr. Ogle stated this collateral was retained for public improvements, in the amount of$11,605.80,
which is the fifteen percent of the overall total and was retained for the required one-year warranty
period. He indicated staff has indicated that all improvements have been satisfactorily completed,
therefore, approval of the release of collateral is recommended. Mr. Hastings indicated this subdivision
is a gated community, and the applicant was required to provide 180 feet of pavement from County
Road 1 into the entrance of the subdivision. He confirmed the paving work has been deemed
acceptable, therefore, the remaining collateral may be released. Commissioner Conway moved to
approve said cancellation and release of collateral. Seconded by Commissioner Kirkmeyer the motion
carried unanimously.
HEALTH OLD BUSINESS:
AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION
FOR VIOLATION OF THE COLORADO RETAIL FOOD ESTABLISHMENT RULES AND
REGULATIONS - ALBERTO'S: Dan Joseph, Department of Public Health and Environment, stated
this matter is being reconsidered since a continuation of the case was ordered by the Board during the
meeting on Monday, February 8, 2010. He clarified, at that meeting, the representatives of Alberto's
requested a extension of time in order to obtain legal representation for this matter. He explained the
facility has been cited for over 170 violations within the past five years, and staff felt like the situation at
the restaurant was deteriorating since the frequency of violations continued to increase during
inspections of the facility. He confirmed staff believes the facility does not have adequate managerial
control, and is requesting suspension or revocation of the Retail Food Establishment License. He
clarified the facility has also been assessed a civil penalty, in the amount of $750.00, and a notice of
seizure, from the Colorado Department of Revenue, was present at the facility during his visit the
previous day. In response to Commissioner Long, Mr. Joseph indicated he is not sure of the specifics
of the seizure notice, and the representatives of the facility may address this situation during their
presentation.
At the request of Chair Rademacher, Rebecca Morales, owner/operator of Alberto's, Rachel Wells,
Farley Consulting Team, and Robin Archibeque, newly hired management for Alberto's, introduced
themselves for the record, and Ms. Wells clarified she does not legally represent Ms. Morales, and
confirmed Ms. Morales decided against obtaining legal representation for this matter. Ms. Wells
explained Ms. Archibeque has been hired as the new manager for the facility, as the former manager,
Bryant Morales, who was present at the previous hearing, has stepped down from his position.
Ms. Morales began to read a letter she wrote for the record; however, she was overcome with emotion,
and Ms. Wells read the letter into the record on her behalf. The letter expressed appreciation to the
Minutes, February 10, 2010 2010-0318
Page 3 BC0016
Board for their patience in this matter, and Ms. Morales acknowledges that she does not take this
matter lightly, and she understands that serious mistakes have been made the facility. Ms. Morales'
letter further indicated she assumes full responsibility for the mistakes which have occurred at the
facility and she is willing to make any necessary changes mandated by the Department of Public Health
and Environment. Ms. Wells indicated she, and her consulting team, have been hired by Ms. Morales
to implement the necessary modifications at the facility, and she understands the gravity of the situation
as well. She clarified the fifteen-member team consists of experienced restaurant owners/managers,
food safety inspectors who are able to provide proper training for employees of the facility, and other
members who bring many years of restaurant experience and knowledge to the consulting team. She
stated the team is dedicated to teaching the employees of the facility of the proper way to manage the
facility and ensure the safety of the public who dine at the restaurant, and she confirmed the employees
were not previously doing the required tasks to ensure the safety of the public. She clarified the tax
seizure status was remedied early this morning, and there is no longer an order against operation of the
facility from the State.
Ms. Wells reiterated she has spoken at length with Ms. Morales to explain to her how important it is for
the facility to implement the necessary changes, and she understands this has been a very difficult
process for Ms. Morales. She clarified the consulting team has secured a new manager for the facility,
Ms. Archibeque, and there has already been in-depth discussion regarding all of the procedures which
must be implemented. She stated, if the Board is agreeable, and allows the facility to re-open, she
does not plan for the facility to re-open immediately, as it will not be beneficial. She clarified there are
many changes which need to take place, including an entire re-training of all staff members, before the
facility will be ready to re-open. She likened the proposed training process to that of what is required
when a new facility is opened, and the consulting team needs to inspect the facility to determine if any
repairs are necessary for equipment at the facility. She confirmed it is the plan that the facility receive a
complete overhaul of operations, and the process has already begun with the implementation of
training packet materials, which will be provided to every employee of the facility. She confirmed a
licensed inspector will review every aspect of the facility to make a comprehensive list of all of the
changes which should have been implemented at the facility by the previous management to assure
the safety of the public. She explained the lack of managerial procedures has created a domino effect
of problems over the past few years; however, the new team is committed to successfully rebuilding the
managerial structure.
Ms. Wells confirmed the team has reviewed all of the violations cited at the facility, and she
understands many of the violations were of a critical nature, which can lead to food-borne illness
outbreaks. She indicated the team understands these violations are not acceptable, and the use of
daily logs will be immediately implemented at the facility, in which employees will record the
temperature of foods, on an hourly basis, for Department staff to review. She confirmed the head
cooks will be re-trained by the team, and will be attending classes to learn the proper techniques of
safely serving food. She further confirmed every employee of the facility will be required to attend a
similar class, including every kitchen staffer, busser, bartender, and server, and the education process
will truly be an entire team effort. She indicated the employees within a managerial role will attend an
additional class designed for restaurant management. She clarified, due to the time frame of the
availability of the necessary classes, some of the educational components will not be completed by all
employees before the facility is expected to re-open. She re-iterated the overall process of the facility is
a huge undertaking, and all of the proper training cannot be provided overnight. She stated the packet
of informational materials to be provided to each employee does contain recommendations provided by
the Department, and the consulting team is committed to training the staff on how to conduct proper
self-inspections. She indicated the inspector will be on-site at the facility, and will be conducting formal
inspections on a frequent basis, in order to help keep the facility in compliance. Ms. Wells confirmed
she understands the violations have been repeatedly occurring at the facility for an established period
of time, and she knows it will be difficult for the Board, and the community, to place their trust in a new
Minutes, February 10, 2010 2010-0318
Page 4 BC0016
team. She indicated the new team is committed to properly educating the employees of the facility, as
well as to making sure the new management plans and procedures will be adequately implemented.
She stated many members of the team have a good working relationship with Department employees,
and the team is committed to re-training the employees on proper food handling techniques. She
summarized that the team is committed to maintaining open communication with Department staff and
she believes the members of the team are more than capable of providing proper assistance for this
facility.
Ms. Wells clarified she understands the violations have been occurring over a long period of time, and
she knows it will be hard for the Board to place their trust in someone new that they don't know. She
reiterated the plan in place for the education and re-training of employees will be effective, and the
consulting team will ensure the restaurant operates properly. She confirmed many of the team
members have a good working relationship with Department staff, and the team is committed to
correcting the non-compliance issues.
In response to Chair Rademacher, Bruce Barker, County Attorney, indicated it is only appropriate for
the Board to inquire whether the facility is currently allowed to operate, in conjunction with the seizure
notice posted at the facility. He clarified if the facility must remain closed for business, the Board may
ask when it is expected that the situation will be resolved. In response to Mr. Barker, Ms. Archibeque
confirmed the situation has been resolved, as of 8:30 a.m., this morning. She clarified the former
management failed to pay the appropriate sales taxes; however, the correct amount was provided, and
the keys to the establishment were returned to Ms. Morales this morning.
Responding to Commissioner Kirkmeyer, Ms. Wells confirmed she has owned and operated a
restaurant for over fourteen years, and she has helped with catering events within a family business for
over 22 years. She confirmed her businesses have had great success working with staff from the
Department, and the expertise of the members of the consulting team will be very valuable for this
restaurant. Further responding to Commissioner Kirkmeyer, Ms. Archibeque confirmed she has owned
and operated Alberto's Express for the past eight years, with her husband as her business partner.
She indicated her husband is capable of continuing to run their store, and she is willing to become
involved and provide proper management of Alberto's.
In response to Commissioner Kirkmeyer, Ms. Morales confirmed she is willing to submit a written
agreement to the Department, and operate in accordance with the agreement. Further responding to
Commissioner Kirkmeyer, Mr. Joseph confirmed staff has spoken with the representatives regarding
the written agreement; however, he has not yet been able to view a formal copy of the agreement. He
indicated he is confident that a written agreement between the Department and the representatives
could be finalized within the next few days. In response to Commissioner Kirkmeyer, Ms. Wells
explained the complete overhaul of the facility will take up to six months time, and her team is ready to
begin working at the establishment today. She clarified the consulting team members will be at the site
on a daily basis for at least two weeks time. Responding to Chair Rademacher, Ms. Wells confirmed
the establishment is willing to voluntarily remain closed until the Department is able to conduct another
inspection, indicating it is agreeable for the facility to reopen.
There was no public testimony provided regarding the matter.
In response to Commissioner Garcia, Ms. Wells explained that it will take approximately two months for
facility staff to complete all of the necessary trainings. She confirmed the Department is offering the
necessary training classes in March, 2010, and she will request additional training sessions to be
conducted at the facility. Further responding to Commissioner Garcia, Ms. Wells indicated the normal
operations of the restaurant are from Tuesday through Saturday, and she believes with the immediate
cleaning and training efforts, operations at the restaurant may be ready to resume on Tuesday,
Minutes, February 10, 2010 2010-0318
Page 5 BC0016
February 16, 2010. She confirmed the team will begin by checking all of the equipment at the site and
ordering any necessary repairs. In response to Commissioner Garcia, Deb Adamson, Department of
Public Health and Environment, confirmed the Department will be able to provide at least one training
session before next Tuesday, and the Department is equipped to provide training sessions in both
English and Spanish. Mr. Joseph clarified if Department staff is only able to accommodate one training
session within this timeframe, the training session will be offered in Spanish, since a majority of the
kitchen staff at the facility speak Spanish. Ms. Wells requested that the inspector from the consulting
team be present during the trainings so that the process may be streamlined and so that the inspector
ensures he will be reinforcing the proper protocols. She indicated Ms. Adamson is a great instructor of
the training class for Spanish speakers. Commissioner Garcia indicated the training classes and
additional coordination at the facility may prove to be costly, and he questioned whether Ms. Morales
will be able to afford these additional costs. Ms. Wells clarified the consulting team is helping
Ms. Morales at no additional charge, and Ms. Morales indicated she is willing to pay the necessary
expenses for staff to attend training classes.
Commissioner Long questioned what is expected to happen at the facility between today and next
Tuesday to ensure the safety of the public who choose to dine within the establishment once it is
reopened. Ms. Wells confirmed she understands it will be a long process to re-train the staff to follow
proper protocol, and she confirmed the consultants will be on the premises during daily operations to
ensure the proper steps are being taken to assure public safety. She clarified the goal is that within six
months time, it will not be necessary for the consulting team members to be present at the site on a
daily basis. She confirmed a large amount of training can be completed within the upcoming week, and
she believes the facility will be safe for the public after the facility is cleaned and revamped. She
indicated the facility will be required to work to regain the trust of the public; however, the consultant
team is committed to making sure it is possible to regain trust. Responding to Commissioner Conway,
Ms. Wells confirmed all of the critical violations at the establishment can be remedied within a matter of
minutes by implementing immediate changes. Ms. Adamson confirmed almost all of the violations may
be rectified within a quick time frame; however, the most important change to be implemented is the
management structure, and ensuring the proper protocols are followed at the establishment on a daily
basis, which will take a more significant amount of time to achieve. She explained the facility can
quickly correct standard operating procedures; however, staff needs to be presented with both
short-term and long-term management plans.
Commissioner Kirkmeyer expressed her appreciation to the representatives present at the hearing
today, and she indicated she is not sure of how the consulting team was pulled together on such quick
notice; however, she appreciates the helpfulness and compassion being shown towards Ms. Morales.
She confirmed the assistance provided by the consulting team does inspire confidence and trust for her
personally; however, Ms. Morales must follow through and continue to ensure her establishment is
following proper protocol. In response to Commissioner Kirkmeyer, Ms. Morales confirmed she will be
attending the training sessions as well, and now that Ms. Archibeque will be managing the facility, it will
not be as hard on her, since she will not be overseeing the operations by herself.
Commissioner Conway expressed his appreciation to the members of the consulting team, and he
confirmed that Alberto's has been a part of the community for several decades. He stated he now has
the confidence that the consulting team will do whatever is necessary to remedy the violations at the
facility. He clarified the representatives present at today's hearing have provided a completely different
perspective and attitude than what was witnessed in the previous hearing, and the positive and
remorseful attitude provides him more assurance that the facility will be able to make the necessary
corrections. He further clarified the people assembled within the consulting team bring a large amount
of credibility to the establishment, especially concerning the lack of proper management. He indicated
he is pleased that the team has already reviewed the violations and has worked to create a plan to
implement at the facility. Commissioner Conway indicated he is rooting for the establishment to
Minutes, February 10, 2010 2010-0318
Page 6 BC0016
succeed and he understands this has been a difficult process; however, Ms. Morales has made the
right decision by assembling a team which will effectively implement the necessary changes. He
confirmed he has been encouraged by the information provided at today's hearing, and the plan to
correct the problems at the facility should provide confidence for the public as well.
In response to Chair Rademacher, Mr. Joseph confirmed the facility will remain closed, on a voluntary
basis, until Tuesday, February 16, 2010, or until the Department confirms the facility is ready to reopen.
He indicated the Department intends to conduct an inspection at the facility on February 16, 2010, and
if the findings are acceptable, the establishment will reopen the same day; however, if there are still
items of concern noted in the inspection, the facility agrees to remain voluntarily closed. Responding to
Commissioner Garcia, Mr. Joseph confirmed the Department will most likely be able to provide a
training session for the kitchen staff on Thursday or Friday of this week, and it may be possible to
provide a training session in both languages at the same time. In response to Chair Rademacher,
Mr. Joseph clarified the operator may apply half of the $750.00 civil penalty assessment towards the
cost of the training sessions for employees. Responding to Commissioner Kirkmeyer, Mr. Joseph
confirmed the Department will require a written plan of correction before the facility may reopen to the
public. Ms. Wells expressed her appreciation to the Board for their guidance in the matter.
Responding to Chair Rademacher, Mr. Barker suggested that the Board continue the matter to
Wednesday, February 17, 2010, the next scheduled board meeting date, so that the operator may
present the written correction plan and a written stipulation agreement to the Board at that time. He
confirmed, in the meantime, the facility will remain closed, voluntarily, while working with the
Department to correct the critical violations. Chair Rademacher indicated he looks forward to being
able to dine at the facility once the necessary corrections are made and the Department determines
that the operation of the facility is safe for the public. He expressed his appreciation to Ms. Morales for
her change of heart and attitude during today's hearing, and Commissioner Garcia concurred.
Commissioner Conway moved to continue the matter to Wednesday, February 17, 2010, at 9:00 a.m.,
at which time the operator shall submit a written plan of correction and stipulation agreement, for the
Board's review. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
Minutes, February 10, 2010 2010-0318
Page 7 BC0016
There being no further business, this meeting was adjourned at 9:50 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, February 10, 2010 2010-0318
Page 8 BC0016
WELD COUNTY RESOLUTION
NUMBER 2009 BCC
RESOLUTION ASSERTING LEGAL STANDING AND FORMALLY
REQUESTING 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 largely 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, the executive agencies charged with implementing Congressional
management of the federal lands operate under presidential Executive
Orders, administrative regulations and policies which require coordination
with entities of local government as to the subjects of all statutes
LarHINT
4.
previously set forth as well as outdoor recreation, public access, and all
other multiple uses of the lands; 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 . . . . 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(0 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, FLPLA 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 1976 ("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 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 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
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.
ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO on , 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO NMinna
Pro-Tern
ATTEST:
Clerk to the Board of County Commissioners of Weld County,
Colorado
[ SEAL ]
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