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Home My WebLink About20020527.tiff ji.inat G3/O`//a00.2. WELD COUNTY CODE ORDINANCE 2002-1 IN THE ATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, *a_ COUM NTYsC k$Ecf�Ot� CHAPTER 2 ADMINISTRATION,CHAPTER$REVENUE ANCtFINASPOgr_ctiOngt etABLio WORKS,AND APPENDICES 5-A,5-O, 5.1,AND 5-G, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Board has previously adopted Weld County Code Ordinances 2001-1 through 2001-8 amending certain sections and chapters of said Weld County Code, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirement therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various chapters are revised to read as follows. : l n s ry E Ei t g TAR A t ch �tces#a tt 'VItl'Ccsuy Yrer aeCian °rTde'effette by the November 2001; Ge_PPraI)*(ec„t DP CHAPTER 2 ADMINISTRATION Add Section 2-12-130. Policy for Use of Meeting Rooms. A. It is the policy of the Board of County Commissioners to allow use of the meeting room at the Southwest Weld County Services Center on a cost basis to community groups when such does not interfere with regular County sponsored activities. The room will be scheduled through the Weld County Personnel Services Department at (970) 336-7220. B. The Board of County Commissioners does not intend to compete with persons who have space to rent. No group is entitled to the continuous or intermittent use of the 2002-0527 ORD2002-1 Meeting Room. There is no obligation on the part of the County to make the Meeting Room available to groups for strictly personal or commercial purposes. C. The use of the Meeting Room shall be denied to groups who, in the judgment of the County Commissioners, have as their purpose: 1. To advocate or foment racial or religious prejudices. 2. To advance any doctrine or theory subversive to the Constitution or laws of the State of Colorado or the United States. 3. To advocate social or political change by force or violence. D. Use of the Meeting Room. 1. All groups sponsoring meetings in the Meeting Room shall schedule use of the room through the Weld County Personnel Services Department, Room 202 Weld County Centennial Center, 915 10th Street, Greeley, Colorado. (970) 336-7220. 2. Any activities sponsored by County government may be conducted in the Meeting Room at no cost. 3. The rate on the rental schedule in this article shall be charged to all sponsored groups other than County-sponsored groups using the room after regular hours. Regular working hours are defined as 8:00 a.m. to 5:00 p.m. Monday thru Friday. 4. No alcoholic beverages will be permitted upon the premises. 5. The sponsoring group shall, at the end of use, remove all supplies, materials, refuse and any other materials from the leased space, and shall leave the premises in a condition reasonably similar to the condition in which the premises were rented. If any damage is done to the property by any person with the sponsoring group, the damage shall be repaired and the damage deposit will be used to defray the expenses thereof. The balance, if any will be refunded to the sponsoring group. If no damage is done the entire deposit will be refunded. 6. The user must notify the County employee in attendance when the Meeting Room has been cleared. E. Fees. See Appendix 5-A, Commercial Rental Schedule. F. Waiver of Rental Fees. 1. The Board of County Commissioners may waive building rental fees for recognized nonprofit organizations, excluding religiously affiliated groups, provided that the organization is putting on a public event as follows: a. The event is of specific benefit to County citizens. 2002-0527 PAGE 2 ORD2002-1 b. The event provides a public service or public information to County citizens. c. The event is a fund raiser for a charitable purpose potentially benefitting County citizens. 2. The nonprofit organization must pay a damage deposit and any and all damages, plus janitorial costs associated with the activity. CHAPTER 5 REVENUE AND FINANCE Amend Appendix 5-A, Commercial Rental Schedule, as attached Add fee schedule for the Weld County Business Hazardous Waste Assistance Program to Appendix 5-G, Department of Public Health and Environment Fees, to be effective with the beginning of said program on February 1, 2002. Ad fee for Te'mpbraqAssemlblage' ice rse Which was''unintentionally omitted from the'Weld Oduatt Code,to Appendix 5-D page nu berAppx 5 6,Weld County;Government Fees. Correct tee far Marriage;License, as:iisted on Appendix 5-I, Clerk anti;Recorder Fees' CHAPTER 8 PUBLIC WORKS Amend Section 8-6-100, Fugitive dust control policy, as follows: f .p mr"Im4 P t n1 yT,:, . Sec 8 6 100. Fugitive dust control policy RoadtiIttV _IartlCulafeEmiss[ons Foltr aed Procedrira. It shall be the policy of the Doard of County Commissioners to address fugitive du3t on County roads as follows: A. General. Growth thr`o`ughout Weld County has:led to increasevehicutar traffiton all roadways underthe count sturrsdiction Increased traiftc on unpaved . pcioty!rolvollS resulted ►n dissatisfaction with the levels of fugitive particulate emissions caused by vehicles travellnc those roadways 'he County must also make.reasonable`effortsti thitt budgetary constraints to comply with regulations established by the State Air Quality Control Commission regarding this issue. In an wait to reasonably comply with' it duality regular ons,the policies and/or. procedures set forth in this"Section will.be adhered to when considering requests for.fugit ve dustabatement. E J k esponsibility for' Fu it`rve Dust' Weld Noun maintai ed road atr segments with Annual Average Daily'Traffic tAADT) volumes exceeding 200 vehicles per day should be treat to inhibit fugitive dust at the expense of the County subject to available budgetaryappropriatons, The process for the determination of qualifyin AAl3T vole es` ill ire as outlined in "f Rt CEDURES FOR DETERMINATION OF kFFIC VOLUM S IN CONJUNCTION WITH 2002-0527 PAGE 3 ORD2002-1 I GITIt E Dt ; t!Cr n-1.116,6601:Roadway segmentswith AADT volumes below 200 vehicles per stay may also be 4treated for fugitive dust at the expense of pr op! 1 r owners in accordance with Subsection E of this Section, ed PreceadtSI,940VDOOthilh0.01:0 Traffic Volumes in.Conjunctiori with Fugitive Dust1Issue . ' a• 1i 6 Tnor Rq n t Routine Fo ra I c coup ill 'taken ever ,three years on approximately�1500 les of gravef,roadway segments rn areas of the County clh ate determined neld County to have sign►ficant growth trends' When the forty'-eight l our counts i di to raw traffic volumes ere near cr nib than'200 vehicles per day,the countets:.will remain in place for upmt 72 con cutive hoiuirsw.,, 2. Coon to etermine Eligibility IMP Sri gitive Dust Control. When's request is made=for 10,0106:60641on a roadway segment to determi[ni its eligibility tar fugitive dust control,the count will,be performed, unless, as determined by teld County: a Anrexisting AAtDT seigiOirit l 0 vehicles per clay wvas performed irk the last.12 #t nt is. t3 There are ho lknown neyirpermanent fro is generators using the 'roadway segment which would cause an►ncrease in:traffic volumes to or in;e ,of2oDivistoot per day. aV t►"agl Count Procedure. fell trefic co nts'will'be tak n over a period©f seventy-two consecutive hours,aivera led to establ►sh a daily volume,.and adjusted for seasonal usage us►ng the attached seasonal adjustment factor+flset forth in Appendix 8-O. The result►ng Annual.Average Daily . Traffic (AADT)volume will serve asa°gu►del►net determine eligibility for County funded fugitive dust control mitig'atio'n tf the AADT count exceeds 00 ivehicles per tfay,the roadway segment will.be recounted in 90 colander days using the methods noted above to conform the original count. If this cunt is significantly be ow the 200 vehicles per day AADT the roadway may not be treated by the County for fugitive dust control. When the County determines,the fuse of weekend or partial weekend counts could assist in establishing a representaitive average daily;traffic, count when factored with wveesday counts,'the=` 2 hour count may include thoseRinse periods. '61 Determination of Fugitive'Dust Control Mitigation Then a roadway segment meets fit criteria;foe County mitigation, the County may, where pt actical and . within budgetary;constmints, select orne of the.following.alternatives to mitigate fugitive1d# • 1. 0 ce treatment°using dust control agents with a frequency of no more tha. ,ri tkwo app1►catapns per.year attlte, 4f►nty s discretion 2'' ,,�iac Inch staniiized„ ,gtec�oteba�,u�ngdust control agents: 2002-0527 PAGE 4 ORD2002-1 lak vin]h Ilii bas fi y, r�1 �l;r "aet 'fxrn� u ilfl�ddtltM vt.�t)tli,�hr� 1}a � .,..,m 4 � � �' p . ... thGa.ltai lrrl ;raverKren��i�roJeef prioritization.process:.Pi 27 Alabi �v��r Frye nr ia[ i � r� �' x.C'('TY n a r � q, ��- The ttiltigatio a alive and time of mpl�e ntationwill^be based on budget and seasonal cor stt ints,,iThe County will confirm ttl need for continued'mitigation on roadwa y segments byonductinc annual traf c cr unts,using the procedures noted above and maintaining his;ctorical traffic count records Shouldi*1e'AADT on`a roadsegment'fall below 200 vehicles per day, dust'control mitigation'may tie discontinued lay,decision of.the Board of CountyCoi'miss ners Private application. The County has no objection to individuals applying dust control chemicals to County roads at their own expense, provided that they agree to the following conditions: 1. Chemicals used for dust control may not contain any hazardous substances as defined in Section 29-22-101, C.R.S. Individuals are advised that petroleum products, whether commercially processed or not, may contain hazardous substances. 2. Petroleum products that contain naphtha or other combustible material fi$fd.c l,may not be used. 3. Dust control chemicals must be applied in such a manner that will not contaminate any waters of the State. Therefore, any materials which may wash from the roadbed will not be suitable. 4. The County will make every effort not to disturb the section of road which has been treated with dust control chemicals. It will be the County's decision at what point the roadway must be graded to restore a reasonable travel surface. The County will not be responsible for reapplying dust control chemicals. 5. All dust control agents used on County roads shall be approved for use by the Department of Public Health and Environment and the Department of Public Works. Currently, the materials listed in Appendix 8-D of this Chapter are approved for use. The County reserves the right to add or delete materials from the approved list at any time without prior notice. The application of any substance to a County road for purposes of dust control, not specifically identified in the approved list of materials, shall be approved for use in writing from the Department of Public Health and Environment and the Department of Public Works prior to its application. 13. Grading. Di The County will grade the roadbed prior to the application of dust control chemicals at no cost to the individual. 2002-0527 PAGE 5 ORD2002-1 Amend Section 8-6-150. Road acceptance policy, as follows: Sec. 8-6-150. Road acceptance policy. The County does not maintain private roads, lanes or driveways. iteleAfiee I, Sec. 8- -30. Snow Removal Plan A, F., Operations, 7: Snow Policy) The sponsor(s) of the roadway project desiring to obtain County maintenance shall first address such request to the Board of County Commissioners for its consideration at one of its regularly-scheduled business meetings. The sponsor(s) shall be responsible to pay the entire cost of notification to owners and/or occupants of lands lying adjacent to the roadway. Such notification shall include a description of the request and shall set forth the time and place of the Board consideration. Before a public road can be accepted by the Board of County Commissioners for maintenance, the road must meet the following minimum conditions: A. The road right-of-way shall be dedicated or otherwise secured to the satisfaction of Weld County for use by the public and maintenance by the County. B. The road right-of-way shall be surveyed clearly stakediand flagged for construction purposes by a licensed land surveyor to determine right-of-way lines. The surveyor shall notify the Department of Public Works,,in writing, wheri the staking is completed. BC. The width of the right-of-way cannot be less than thirty (30) sixty (60) feet. d'. The road shall serve a minimum of three (3) legal lots, two (2) of which must have residential dwellings taxable improvements to be considered for acceptance. Properties abutting the intersection of the road under consideration for acceptance and an existing publicly maintained road do not count toward the required three (3) lots. N:, BE. The minimum road width shall be-cightccn (18) feet a minimum of 26,feet t graveled surface or meet the minimum design guidelines for the anticipated traffic on the roadway segment being considered. See Appendix 24-D of His Code. BF. The road must be adequately graded and drained.The following shall be the minimum acceptable standards before a road is accepted for maintenance: less than three�::,, 1 The macway cross slope, from center line, shall be not percent. 2 Borrow ditches shall be a minimum of 24 inches deep with 3:1 side slopes and graded to provide adequate drainage. r Ail side road borrow ditches shall be sufficient to carry the five-year storm or be a minimum of an 18" diameter culvert as determined by the Director of Public Works. Cross road drainage structures shall be sufficient to carry the ten-year storm or be a minimum of an 18 inches culvert as determined by the Director of Public Works. 2002-0527 PAGE 6 ORD2002-1 it,11 ' ofkP'#i is WoArks s ta`ll1' est'and insp'eectf ie roadbed subgr .e for stru ura adequacy andacceptat le materials The subgrade shalt b, o t ed to ninety five (95) percent of AASHTO SStanudalr+ Pry T 99 (Method A)or other compaction standards previouslyappr d`bythe;.Dirrector,oftPulblicWorks E A minimum of tare (2) ur inches of crushed rock comp ted'l rav'el�,m tit g Coloiado,Department of Transportation specifications forClass V1 material must be provided on the traveled surface. The gravel shall be�compactedain accordance wviti' SHTO Standard Proctor:?99.(Method D)r`equiremer is erif necessary, additional material may be required to support anticipated traffic loads. F 'i The road cannot be fenced or gated`jIf thcre arc cattle have cross access to the roadway in the arca, a cattle guard shall can be installed in accordance with the County cattle guard policy. a fe exists aping the section line on which tie road is to be built, relocation of the fences)Ott the road tight-of way lines shall be the.responsibility df the sporisor(s)of the.roadwaiproject. el The benefdting,, emparties will be responsible for the cost of all aspects of the project.�eimburserit by the 1sponsbr(s)of the roadway protect snail be made for acreage within the roar#right of way included in an adiacent property Conservation Reserve Prot ram (ICRP) crop or which has an untha`rvested annual crap demolished by the.,roadway c o stnrction project.' The sponsors"ofthe r dway project shall be responsible for all costs associatedwith i nstruction r f,the.road BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 2002-0527 PAGE 7 ORD2002-1 The above and foregoing Ordinance Number 2002-1 was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A. D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to the Board David E. Long, Pro-Tem BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: William H. Jerke County Attorney Robert D. Masden Publication: January 30, 2002 First Reading: February 13, 2002 Publication: February 20, 2002, in the Tri-Town Farmer and Miner Second Reading: March 4, 2002 Publication: March 13, 2002, in the Tri-Town Farmer and Miner Final Reading: March 25, 2002 Publication: April 3, 2002, in the Tri-Town Farmer and Miner Effective: April 8, 2002 2002-0527 PAGE 8 ORD2002-1 APPENDIX 5-A COMMERCIAL RENTAL SCHEDULE BOARD'S CHAMBER ROOM $30.00 per hour $50.00 Damage and Cleaning Fee will be applied to rental charges if everything is left in a satisfactory condition. A County employee responsible for the building must be present during weekend events. The employee will be paid $17.50 per hour by sponsoring group prior to the opening of event. Any County labor provided beyond routine service will be charged on a cost recovery basis determined by the County. Recognized Weld County government groups shall not be charged the above fees for use for County business. WELD COUNTY TRAINING CENTER $50.00 per hour $100.00 Refundable Cleaning Deposit Any damage to the facility will be charged on a cost recovery basis determined by the County. A County employee responsible for the building must be present during weekend events. The employee will be paid $17.50 per hour by the sponsoring group prior to the opening of the event. Recognized Weld County Government groups shall not be charged the above fees for use for County business. SOUTHWEST WELD COUNTY SERVICES CENTER $30.00 per hour A damage and cleaning fee of fifty($50.00)will be applied to the rental charges if everything is left in a satisfactory condition. A County employee responsible for the building must be present during events. Any County labor provided beyond routine service will be charged on a cost-recovery basis determined by the Director of General Services. CENTENNIAL CENTER PARKING Inside Parking space Passenger cars, Pickups, Vans $12.50 per month Motorcycles 6.25 per month No charge for employees working shifts 5:00 p.m. to 8:00 a.m., department heads, elected officials or chief deputies. 2002-0527 PAGE 9 ORD2002-1 ADDITION TO APPENDIX 5-D WELD COUNTY GOVERNMENT FEES e� Service Provided Fee Established e woe "�U'vsa+flt SIOne7 liU::ou::�lSsd j{ �f.,.. Q ....:. HX1F: ili1lti₹iS , 2002-0527 PAGE 10 ORD2002-1 APPENDIX 5-I CLERK AND RECORDER FEES Description Fee GENERAL RECORDING $ 5.00 per side of page to be recorded EXCEPTIONS: Oversized Pages(Larger than 8' X 14) $ 10.00 per side of page to be recorded Redemption Certificates $ 5.00 Federal Tax Liens and Releases $ 5.00 Documentary Fee on all documents granting or conveying $ .01 per$100.00 consideration,if title to real property per §39-13-102, C.R.S. consideration is greater than$500.00 MARRIAGE LICENSE(Cash only) ' 0,'ili"1$20.00 COPY OF MARRIAGE LICENSE $ 3.00 COPIES: Per Page $ 1.25 Oversized Pages(Larger than 8'/ X 14) $ 5.00 Certification—Per Document $ 1.00 MICROFILM FEES Microfilm Roll— 16 mm or 35 mm film $ 20.00 PRECINCT LOCATOR $ 30.00 VOTER REGISTRATION LIST Base Sort Charge $ 50.00 Additional Charge per Page 1 copy,per page $ .05 2 copies,per page $ .06 3 copies,per page $ .07 4 copies,per page $ .08 Diskette(per name) $ .001 BURSTING OF REGISTRATION LIST Select Precinct—per copy $ .10 Entire File—per copy $ .20 ADDRESS LABELS Base Sort Charge $ 50.00 Additional charge per label $ .02 METES AND BOUNDS DESCRIPTIONS $ 5.00 2002-0527 PAGE 11 ORD2002-1 APPENDIX 5-I(cont'd) Description Fee SUBSCRIPTIONS Deed Report $200.00 Compact Disc Daily $ 10.00 Weekly $ 25.00 Monthly $100.00 Paper Reports—per page $ .05 ELECTION FEES Voter Certification $ 1.00 Voter Address Labels (Setup payable with order) $ 50.00 per label $ .02 Voter List on Disc (Setup payable with order) $ 50.00 per name(list is in ASCI format) $ .001 Voter List on Paper (Setup payable with order) $ 50.00 per page $ .05 Locator(each) $ 30.00 Maps(each) $ 2.00 Copies(per page) $ 1.25 Certified copies(per page) $ 2.25 Election Results If received on election night No Charge Received after election night(per page in advance) $ 1.25 2002-0527 PAGE 12 ORD2002-1 ADDITION TO APPENDIX 5-G FEES FOR WELD COUNTY BUSINESS HAZARDOUS WASTE ASSISTANCE PROGRAM WASTE STREAM COST/POUND COST/CONTAINER Paint related material(flammable,oil- based, mineral spirits, alkyd tar,fiber roof coating)and chlorinated solvents $312.00/55 gallon drum (carburetor cleaner, perchloroethylene). Items that will be left in the container. $312.00/30 gallon drum $78.00/5 gallon drum $9.75/gallon $1.95/quart Latex paint,joint compound,spackle, and other related water-based material $ .41 /pound $273.00/55 gallon drum Flammable liquids (gasoline, diesel, kerosene, lamp fuel,thinner, linseed oil). Bulkable material. $ .71 /pound $312.00/55 gallon drum _ Poisons(pesticides, insecticides, $312.00/55 gallon drum herbicides, rodenticides, ant poisons, inorganic and organic mercury) $1.50/pound $312.00/30 gallon drum $53.00/5 gallon drum Acids(pH < 7.0)(muriatic, hydrochloric, $312.00/55 gallon drum sulfuric, battery,acetic, boric,citric) $1.50/pound $312.00/30 gallon drum $53.00/5 gallon drum Bases(alkalines)(pH > 7)(sodium $312.00/55 gallon drum hydroxide,drain cleaners) $1.50/pound $312.00/30 gallon drum $53.00/5 gallon drum Oxidizers(nitrates, hypochlorites, $312.00/55 gallon drum peroxides) $1.50/pound $312.00/30 gallon drum $53.00/5 gallon drum Aerosol cans,fire extinguishers, compressed gas tanks (acetylene, hydrogen,oxygen, propane, nitrogen). $ .50/pound $1.00/standard aerosol can Gas grill size or smaller. (for containers other than aerosol cans) Motor oil, PSF,ATF, brake fluid, $40.00/55 gallon drum grease,gear lube,2-cycle oil,gear cutting oil. Must not be contaminated $25.00/30 gallon drum with water, antifreeze,or gasoline. $2.00/5 gallon drum $ .50/gal for 1 gallon can $ .20/quart $1.00/gallon if there are contaminants in the oil such as water,dirt,or raqs 2002-0527 PAGE 13 ORD2002-1 ADDITION TO EXHIBIT 5-G (cont'd) WASTE STREAM COST/POUND COST/CONTAINER Filters(oil,fuel, hydraulic, and air) $ .50/each Antifreeze $50.00/55 gallon drum $ .11 /pound $ .91 /gallon Batteries(lead-acid) $ .05/pound All other batteries Alkaline batteries $0.70/lb Ni-Cad $1.00/lb Button batteries $0.70/lb Lithium $7.50/lb Mercury containing lamps* $ .10/foot (Other types of bulbs on request) (straight linear bulbs) PCB ballasts(polychlorinated biphenyl $312.00/55 gallon drum containing materials) $ .62/pound $312.00/30 gallon drum $53.00/5 gallon drum Generators of used lamps are responsible for determining if their lighting wastes are hazardous. If the lighting wastes have not been tested to show that they are not hazardous,or if the generator doesn't have other supporting data such as manufacturer's information,then the generator should assume the lights are hazardous and manage them as hazardous waste. • 2002-0527 PAGE 14 ORD2002-1 APPENDIX 8-D DUST CONTROLS ANAirairthrtai*EIMICOMOOAOMS. The following dust control agents are approved for use by the Department of Public Health and Environment and the Department of Public Works: 1. Potable water or natural ground water 2. Magnesium chloride 3. Calcium chloride Titi�`seaso"rta[�djuslrlr�'enE factkt�,tii_b�,tlsed�tf�Ii,#r`�'fffC Count is tfi$fbjlolving, S O;1 :LiMESt b 3 hio0[IIi/ mow 0$0 a 4 E 'ry 400 tit 423 48 44 i +5 404 Is 4 b is 49 8t SO 28 4 �k 4uf 48 bib 29 Abbbli al $4 28 $ 4G OC[Ape 44 42 fib 4a 44 Mitiiiibet 49 48 42 Oki 48 48 4Q 1i4 2002-0527 PAGE 15 ORD2002-1 Hello