HomeMy WebLinkAbout20010121.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 15, 2001
TAPE #2001-02
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, January 15, 2001, 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 M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of January 10, 2001, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings
conducted on January 9, 2001, as follows: 1)Violation Hearings; and hearings conducted on January 10,
2001, as follows: 1)A Site Specific Development Plan and Use by Special Review Permit#1283, Janet
Ream, 2)A Site Specific Development Plan and Amended Use by Special Review Permit#1144, Richard
and Phyllis Podtburg, c/o AgPro Environmental Services, LLC; and 3) Substantial Change Hearing #17,
Siegrist Companies, do Michael Siegrist. Commissioner Masden seconded the motion, which carried
unanimously.
ADDITIONS TO AGENDA: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Vaad moved to approve the consent agenda as printed.
Commissioner Long seconded the motion, and it carried unanimously.
PUBLIC INPUT: There was no public input.
2001-0121
BC0016
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $654,104.83
Commissioner Vaad moved to approve the warrants as presented by Mr. Warden. Commissioner Jerke
seconded the motion, which carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES-RAFFERTY'S,
INC., DBA RAFFERTY'S: Bruce Barker, County Attorney, explained the Board renews Dance Licenses
on an annual basis and there is a $25.00 fee which the applicant has paid. In response to Commissioner
Jerke, Mr. Barker stated it is not certain whether the applicant has been conducting dances since the first
of the year or not. Commissioner Vaad moved to approve said application. Commissioner Long seconded
the motion, which carried unanimously.
CONSIDER RENEWAL APPLICATION OF TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN-HEREFORD BAR AND GRILL, INC.,DBA HEREFORD BAR AND GRILL: Mr. Barker stated Deputy
Richardson expressed no concerns. Commissioner Vaad moved to approve said application and authorize
the Chair to sign. The motion was seconded by Commissioner Jerke. No public testimony was offered
concerning this matter. The motion carried unanimously.
CONSIDER ESTABLISHING NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER
TO MAKE AN ON-SITE INSPECTION, AND SETTING HEARING DATE CONCERNING APPLICATION
OF LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE FOR A HOTEL AND RESTAURANT
LIQUOR LICENSE: Mr. Barker gave a brief description of the neighborhood for the record, which was
previously licensed as a Pizza Hut on 8th Avenue. Mr. Barker recommended the Board set the hearing
date for February 5, 2001, at 9:00 a.m. Commissioner Vaad moved to establish the neighborhood as
described by Mr. Barker, set the hearing date for February 5, 2001, at 9:00 a.m., and appoint
Commissioner Masden to conduct an inspection of the premises. Commissioner Jerke seconded the
motion. In response to Commissioner Vaad, Mr. Barker reviewed the items to be reviewed during the
inspection. Responding to Commissioner Jerke, Mr. Barker stated the site is located in an unincorporated
portion of Weld County,which has not been annexed by any of the surrounding municipalities. Mr.Warden
stated the landowners do not want to be annexed because Weld County does not have a sales tax. The
motion carried unanimously.
CONSIDER PARTICIPATION IN POUDRE RIVER BASIN STAKEHOLDER GROUP AND APPOINTMENT
OF CONNIE O'NEILL TO SERVE AS WELD COUNTY'S REPRESENTATIVE: Commissioner Masden
stated he spoke with Dr. Mark Wallace, Director of Weld County Department of Public Health and
Environment, who recommended Connie O'Neill be appointed as the County's representative.
Commissioner Masden moved to approve said participation in and appointment to the Poudre River Basin
Stakeholder Group, with the provision that Connie O'Neill provide reports to the Board regarding the
content of the meetings. The motion, which was seconded by Commissioner Vaad, carried unanimously.
CONSIDER AMENDMENT TO THE AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE CHAIR
TO SIGN - BANNER HEALTH SYSTEM, NORTH COLORADO MEDICAL CENTER: Mr. Warden stated
under this amendment, North Colorado Medical Center will provide continued dispatch services for Airlife,
and the amount paid by the County is equivalent to providing wages for one dispatcher. Commissioner
Vaad moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Jerke, the motion carried unanimously.
Minutes, January 15, 2001 2001-0121
Page 2 BC0016
CONSIDER RECOMMENDATION OF APPOINTMENTS TO THE JUVENILE SERVICES PLANNING
COMMITTEE: Commissioner Vaad moved to recommend that Dave Long, Kent Donahue, Dale Peterson,
and Scott Wykes be appointed to the Juvenile Services Planning Committee. Commissioner Masden
seconded the motion, which carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO NORTH COLORADO MEDICAL CENTER
BOARD OF TRUSTEES: Commissioner Vaad moved to appoint Don Cummins and reappoint Donald
Feldhaus and Brian Larson to the North Colorado Medical Center Board of Trustees. The motion was
seconded by Commissioner Jerke, which carried unanimously.
CONSIDER APPOINTMENT OF ASSISTANT DISTRICT ATTORNEY,THREE CHIEF DEPUTY DISTRICT
ATTORNEYS, AND TWELVE DEPUTY DISTRICT ATTORNEYS AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden explained following the District Attorney's election to office, his staff must be reappointed and
have their salaries set. Commissioner Vaad moved to appoint Thomas Quammen as Assistant District
Attorney, appoint James Hartmann, Rebecca Brunswig, and Patryce Engel as Chief Deputy District
Attorneys, and appoint Michele Meyer, Susan Knox, Kim Rogers, Kenneth Storck, Robert Miller, Robert
Knepel, Chris Vogt, Shea Burchill, Mark Gonzales, Marcelo Kopcow, Robert Frick, and Amy Fitch as
Deputy District Attorneys. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT AND CERTIFICATION OF PAY AND
AUTHORIZE CHAIR TO SIGN - JULY 2000 THROUGH DECEMBER 2000: Mr. Warden explained in
order for Weld County to receive $2,400.00 per year, the Veteran's Service Officer's Monthly Report and
Certification of pay must be filed with the Colorado Department of Human Services. Commissioner Vaad
moved to approve said reports and certifications and authorize Chair to sign. Commissioner Jerke
seconded the motion. In response to Commissioner Jerke, Mr. Warden stated the reports are submitted
biannually to receive State funding. The motion carried unanimously.
CONSIDER MODIFICATION AGREEMENT BETWEEN WELD COUNTY LIBRARY DISTRICT AND
TOWN OF JOHNSTOWN: Mr. Barker stated modification indicates those areas which have been annexed
by the Town of Johnstown, and incorporates them into the Johnstown Library District for taxing purposes.
He explained the Town of Johnstown taxes its residents to support its own Library District, rather than
going through the Weld Library District. Commissioner Vaad moved to approve said modified agreement
and authorize the Chair to sign. Seconded by Commissioner Jerke, the motion carried unanimously.
CONDUCT PROBABLE CAUSE HEARING FOR RENEWAL APPLICATION OF TAVERN LIQUOR
LICENSE-ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR: Mr. Barker stated liquor licenses are
renewed on an annual basis. This establishment has been permitted for two years and the current license
will expire January 21, 2001. Mr. Barker stated the applicant did submit the application and appropriate
fees, and referrals were sent to the Sheriffs Office and Department of Planning Services for review and
comment. He stated the Sheriff's Office has expressed concerns and provided reports, and a Probable
Cause hearing was set. Mr. Barker stated the Board can renew the license with the proposed Conditions
of Approval, or set a Show Cause Hearing and discuss the details of the matter. Mr. Barker referred to
a Draft Resolution indicating proposed conditions that all parties are likely to agree to. He explained in
order to set a Show Cause hearing, the Board must find that at least one of the reasons listed in Section
12-6 of the Weld County Code exists.
Deputy Vicky Harbert, Weld County Sheriff's Office, stated she worked with a crime analyst to produce a
report regarding activities which have taken place at the site during 2000. Deputy Harbert stated between
January 1, 2000, and November 6, 2000, the Sherriff's Office has received 106 dispatched calls. She
stated the number of traffic calls has decreased; however, narcotics and critical disturbance calls have
increased. Deputy Harbert stated the number of visits to the site has cost the Sheriff's Office
Minutes, January 15, 2001 2001-0121
Page 3 BC0016
approximately $4,370.60, and the establishment generates more calls than any other address in Weld
County. Responding to Commissioner Vaad, Deputy Harbert stated her records do not show whether
there were actual arrests or court hearings set for the 106 dispatch calls. Mr. Barker added the type of
charge determines whether the guilty party is allowed to pay a fine to avoid going to court. He stated a
specific search could be done regarding the citations that did go to court, and it could be reviewed at a
Show Cause Hearing. Responding to Chair Geile, Deputy Harbert stated she began investigating this site
in August 2000, and she read a portion of a report indicating a 16-year-old juvenile was picked up one mile
from Club Romance and taken to the hospital and found to have a .128 blood alcohol level. The juvenile
has provided written and verbal statements admitting she was at Club Romance and a male she did not
know provided her with alcohol. Deputy Harbert stated there are other reports regarding juveniles at this
establishment, which can be reviewed in depth at a Show Cause hearing. Responding to Chair Geile,
Deputy Harbert stated the establishment serves alcohol on Friday,Saturday,and Sunday to local patrons,
as well as customers from Loveland, Denver, and Brighton. In response to Commissioner Vaad, Deputy
Harbert stated the number of assaults has increased by 40 percent, and fights by 150 percent; however,
she has no evidence of convicted traffic violations or poor character in her current report. Commissioner
Jerke commented the number of calls averages to a deputy responding at least two nights each weekend.
David Sauter, Colorado Liquor Enforcement Division, stated he has been with the Division for 20 years,
and he resides in the Town of Eaton and has a personal concern for the people in area. Mr. Sauter stated
he began investigating this site in October 2000. He reviewed the types of violations including 16 poor
conduct incidents, serving minors, no posted warning signs, licenses were not clearly posted, poor books
and records,insects in some of the bottles,and purchasing more than$500.00 of hard liquor from a source
other than a licensed wholesaler within a calendar year. Mr. Sauter recommended this matter be set for
a Show Cause hearing.
Roger Vigil, Weld County Department of Building Inspection, stated they inspected the site following a
complaint to the Sheriff's Office and the Eaton Fire District. He stated there were violations of the building
code regarding egress, lighting, and deadbolts on exits, and fire-rated construction. A reinspection of
January 12, 2001, reports all violations have been corrected; however, the applicant still needs to install
a sprinkler system because the building is more than 5,000 square feet. He stated the applicants have
agreed to restrict the area where alcohol will be served to less than 5,000 square feet.
Mr. Barker referred to the letter from the Department of Building Inspection, dated October 20, 2000,
regarding the specific requirements of the Department. He stated the applicant was required to meet with
the Eaton Fire Department to determine the occupancy load. Mr. Barker stated Mike Griffin, Eaton Fire
Marshall, has indicated the applicant did contact him, and they have set the occupancy load at 350.
In response to Chair Geile, Deputy Harbert stated the proposed corrective actions are included as part of
the Draft Resolution as Exhibit A. She stated she met with the applicant who has agreed to these
conditions. In response to Commissioner Vaad, Mr. Barker stated this is a Probable Cause Hearing and
the applicant will have the opportunity to respond as to whether there is evidence of a Show Cause.
Commissioner Vaad commented it would be better to hear comments from the applicant before discussing
the matters of mitigation.
Roger Morris, attorney, represented the applicant and stated in this case there have been discussions with
the Sheriffs Office, Departments of Planning and Building Inspection,and the Town of Eaton,and he feels
it would be appropriate to renew this permit with the proposed conditions. He stated the Conditions will
help protect the public, and clarified the bar is open Friday,Saturday,and Sunday;however,the restaurant
is open seven days a week. In response to Mr. Morris, Ruben Rodriguez, manager, stated the fights
usually start in the parking lot,and as a result, last weekend they posted two staff members in the parking
lot which seemed to eliminate the fights. In response to Commissioner Vaad, Mr. Rodriguez stated posting
Minutes, January 15, 2001 2001-0121
Page 4 BC0016
personnel in the parking lot was discussed in November, but it took time to organize. Responding to
Commissioner Masden, Mr. Rodriguez stated the personnel in the parking lot have experience in security,
identifying intoxication and drug. Responding to Mr. Morris, Mr. Rodriguez stated they are willing to have
employees trained through the TIPS Program, and they will be authorized to contact the Sheriff's Office
for any incident. He stated they attended a training session with the Sheriff's Office several weeks ago
which went well. Responding to Commissioner Long, Mr. Rodriguez stated the bar is open from 8:00 p.m.
to 2:00 a.m., and personnel will be posted in the parking lot Friday, Saturday, and Sunday. In response
to Chair Geile, Mr. Rodriguez stated previously personnel would check the parking lot periodically;
however, now they are aware of the situation and are willing to take necessary measures to address it.
Responding to Mr. Morris, Mr. Rodriguez explained they have purchased stamps which are used to
indicate if a patron is of legal age or a minor, and they are harder to alter, and they are also willing to pass
out flyers, and post pictures of minors that are caught with alcohol, so they can be spotted and prohibited
from entering for three months. In response to Chair Geile, Mr. Rodriguez stated the clientele is mostly
Weld County residents, some come from Denver, and the minors are local boys and girls ranging from 17
to 21 in age. He stated they do not recruit minors to come to the bar. Mr. Morris added the State liquor
law does not prevent minors from entering an establishment that provides alcohol, the applicant is using
a stamp system to identify minors,and they have agreed to no longer allow minors to stand in the bar area.
Mr. Rodriguez stated the licenses have now been posted at the bar instead of the back office, photographs
of minors caught drinking are posted to prevent them from drinking in the future, flyers are provided in
English and Spanish explaining the legal age for drinking,and they have set up routine checks for insects.
He further stated their records have been assigned to Janet Crespin, CPA, to keep up to date, and added
they were not aware of the annual $500.00 limit on purchasing alcohol from a retailer. He further
responded to Mr. Morris by stating they will be meeting with the Sheriff's Office once a month for feedback
and training, and their policy on fights will improve by providing trained security at the parking lot. Mr.
Morris stated the applicant has agreed to card patrons who appear to be under the age of 30, and request
proposed Condition"B"be amended to allow Mexican Motors Registration Cards as a form of identification
for those who do not have a Colorado license. Mr. Morris also requested the capacity of 350 in Condition
"D" be increased if government regulations are modified to allow more. Mr. Rodriguez stated they intend
to have a good operation, they are not intentionally violating the codes, and staff, the owner, and himself
will complete the TIPS training. Mr. Rodriguez further stated new employees will be required to complete
the TIPS training within their first 30 days of employment. In response to Chair Geile, Mr. Rodriguez stated
this is a corporation, not a limited liability, and the ownership is split 60/40 with the owner's brother.
Responding to Commissioner Vaad, Mr. Rodriguez stated the cover charge paid by minors generates a
large portion of their revenue. Commissioner Vaad expressed concern with minors in an establishment
like this. In response to Commissioner Vaad, Mr. Morris stated he represents other liquor establishments,
and stated any restaurant allows minors next to legal drinkers. He stated it is difficult to monitor, at all
times, if a legal patron provides alcohol to a minor. The applicant has agreed to prevent minors from
lingering in the bar area except to go through there to access the restrooms. He further stated I.D.'s can
be checked at any time for patrons in the bar area. Mr. Morris stated the Board does not have to wait for
a renewal application to implement a Show Cause Hearing; however, he requested the Board allow the
applicant adequate time to implement the proposed conditions to see if they work. Commissioner Vaad
commented he would prefer a Show Cause hearing because there is evidence of at least one of the four
items of criteria. He stated a Show Cause would allow for further discussion of specific details regarding
the establishment and the possibility of adding more conditions if necessary. In response to Chair Geile,
Mr. Morris clarified the applicant is requesting Condition "B" be amended to make allowance of Mexican
documents as identification. Mr. Barker concurred. Mr. Morris stated the applicant would like to avoid the
cost of a Show Cause Hearing, they will take corrective measures, and the items discussed in the Show
Cause Hearing will likely be addressed by the proposed corrective measures presently before the Board.
Minutes, January 15, 2001 2001-0121
Page 5 BC0016
In response to Chair Geile, Mr. Barker stated testimony can be received regarding Probable Cause;
however, specific details should be discussed in a Show Cause Hearing. Commissioner Jerke moved to
seta Show Cause Hearing for February 5, 2001, at 9:00 a.m. He stated there is evidence that items "A"
and"B"of Section 12-2-40 of the Weld County Code exist. Commissioner Vaad seconded the motion,and
stated there have been allegations of activities at this establishment, and he would like to have a Show
Cause Hearing to determine if there have been convictions on any of the 106 citations. Responding to
Commissioner Jerke, Mr. Barker stated more evidence will be presented at the Show Cause Hearing. In
response to Commissioner Vaad, Mr. Barker stated the application was submitted on a timely basis, and
the applicant can continue to operate during the time pending approval or revocation. Chair Geile
requested the matter be set for February 12, 2001 at 9:00 a.m., and Mr. Morris indicated agreement with
that date. Commissioners Jerke and Vaad agreed to amend the motion. The amended motion carried
unanimously.
PLANNING:
CONDUCT PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW #1198 FOR AN OIL AND
GAS SUPPORT AND SERVICE FACILITY(BRINE WATER DISPOSAL)-ENVIRO-CYCLE, LLC,%MIKE
CERVI: Mr. Barker stated when there are alleged violations of Conditions or Development Standards,they
are brought up by staff to determine if there is adequate evidence of Probable Cause for setting a Show
Cause Hearing. Bethany Salzman, Department of Planning Services, gave a brief description of the
location of the site, and stated the applicant has requested this matter be continued; however, due to
health issues, staff requests it not be continued.
John Mahoney, attorney, represented the property owner and stated they received notice of this hearing,
on January 3, 2001, which did not provide sufficient time to prepare. Mr. Mahoney stated they did have
a meeting with the Oil and Gas Commission to address some of the issues which are mentioned in the
letter from staff, dated January 3, 2001. He stated many of the issues are not Weld County issues and
input from the Oil and Gas Commission should be considered prior to proceeding with this matter, and he
requested this hearing be continued. In response to Commissioner Vaad, Ms. Salzman stated staff has
concerns with this site due to the health hazards it is producing. She explained there was a wreck resulting
in casualties near the site, in which a vehicle collided with a fract truck. She stated the Use by Special
Review Permit does not allow for the fract tank cleaning taking place at this site. She further stated there
has been an oil spill, and the heater-treater unit creates a large buildup of propane, which causes
explosions. She stated the surrounding property owners have expressed concern with the explosions
which shake their homes. Ms. Salzman stated she conducted an inspection on January 12, 2001, in
response to the explosion complaints. Cindy Etcheverry, Weld County Department of Public Health and
Environment, stated she received a formal complaint on November 14, 2000, regarding explosions at the
site which shake the surrounding homes. She stated the situation has been corrected to reduce the
number and intensity of explosions, but they have not been eliminated. She reiterated the heater-treater
unit causes the explosions, and the oil spill happened at the end of 2000. Ms. Etcheverry stated the
applicant has been aware of the fract tank cleaning violation since last August, and explained one of the
fract trucks resulted in a tragic wreck. She further stated there are oil stains on the roads and oil spillage
on the facility, which are cause for environmental concerns. Commissioner Jerke stated it appears the
truck was entering the facility and was struck by an oncoming vehicle. (Switched to tape #2001-03). In
response to Chair Geile, Ms. Salzman stated fract tank cleaning is not allowed by the Special Review
Permit, and the use has continued although she has notified the applicant several times. Ms. Etcheverry
stated the fract cleaning use has caused increased traffic. In response to Commissioner Vaad, Ms.
Etcheverry stated the applicant was notified on November 14, 2000, regarding concerns with the
explosions and the neighbors still have complaints. In response to Commissioner Masden, Ms. Etcheverry
explained the heater-treater unit does not explode, but as the pilot light comes on, the buildup of propane
boons or explodes.
Minutes, January 15, 2001 2001-0121
Page 6 BC0016
Dennis Sherrod, surrounding property owner, stated he lives approximately 180 feet from the facility, and
there are eight others who live in close proximity. He stated there were numerous violations during the
past year, and although some have been addressed, the majority have not been taken care off. Mr.
Sherrod expressed concern regarding their health. He stated it has taken three months to get to this point,
he feels there was adequate notice, and this matter should not be continued. In response to
Commissioner Vaad, Mr. Sherrod stated there has been some reduction in explosions; however, he also
has concerns regarding a recent oil spill, and the applicant's failure to notify proper authorities. He stated
the spill may affect their groundwater and their wells are only 30 feet from the spill.
Brian MacDonald, surrounding property owner, requested this matter be held during an evening session
if it is continued. Chair Geile stated the Board only has meetings on Monday and Wednesday mornings.
Mr. MacDonald stated the explosions have been affecting their residences, and he has concern that the
spill may affect their groundwater. He requested this matter not be continued. There being no further
comments, Chair Geile closed public testimony.
Mr. Mahoney stated the amount of new material at the site is minimal,the increase in traffic is minimal,and
most of the issues cited in the letter dated January 3, 2001, are oil and gas issues, which need to be
addressed with the Oil and Gas Commission. He stated the oil spills are a concern; however, the Oil and
Gas Regulations stated it is the responsibility of the operator to determine the degree of a spill, and the
applicant felt it was below the amount required for reporting. Mr. Mahoney stated since then the applicant
has notified the Oil and Gas Commission which will come to site and determine if he acted appropriately.
In response to Chair Geile, Mr. Mahoney stated the environmental issues are a concern; however, at this
time the ground is frozen,and the freestanding fluid was vacuumed up. He reiterated there should be input
from Oil and Gas Commission before the Board proceeds with this issue, and added the site is in
compliance with noise levels. In response to Chair Geile, Mr. Mahoney stated the Oil and Gas Commission
has been involved the entire time, but they were closed for the holiday and were unable to attend this
hearing.
Mike Cervi, applicant, clarified the traffic accident happened at the corner of Weld County Roads 40 and
39, and the truck was not coming to Enviro-Cycle. He stated they have constructed a wall around the
heater-treater unit to eliminate sound violations, and there has been only one spill since the site has been
in operation. Mr. Cervi stated he is requesting a continuance to allow them adequate time to address the
concerns of staff and the Oil and Gas Commission. Mr. Mahoney added during the past few months, the
applicant has been making changes to address issues they have been informed of.
Commissioner Vaad stated he is willing to continue this matter and he feels 30 days is a sufficient amount
of time. Mr. Mahoney stated the applicant is requesting 60 days to prepare a detailed management plan
and expressed concern that thirty days may not be enough time. Commissioner Vaad stated the site is
not in compliance. Commissioner Vaad further stated if the issues are not resolved at the end of 60 days
this will go to Show Cause. Mr. Cervi stated the fract cleaning has been approved by the Oil and Gas
Commission, therefore, this issue needs to be discussed further. He further stated the other issues will
be completed within the next sixty days. Commissioner Vaad agreed to hear from the various authorities
regarding fract issues, but the remainder needs to be completed. In response to Chair Geile, Mr. Barker
stated usually continuances are granted based on need for gathering documentation, not allowing more
time for compliance. He suggested the time between a Probable Cause and Show Cause hearing can be
used by the applicant to address some of the issues.
Dennis Sherrod readdressed the board and stated there was an explosion three nights ago,the explosions
are still occurring,the spills were not addressed properly, and the violations have been ongoing,therefore,
they have had adequate time to address them.
Minutes, January 15, 2001 2001-0121
Page 7 BC0016
Lee Morrison, Assistant County Attorney, stated the fract cleaning is not covered by the Special Review
Permit; however, the use has been approved by the Oil and Gas Commission. He recommended this
matter still be addressed and included in the final decision on this matter.
Commissioner Vaad stated the immediate health factor has been addressed, even if it is not satisfactory.
He moved to continue the Probable Cause hearing for 60 days at the request of the applicant, to allow
them adequate time to address and resolve the violations, and determine authority on the fract tank
cleaning at the site. Commissioner Masden seconded the motion. Commissioner Jerke stated the site
has been in violation and he is opposed to the motion. Commissioner Long stated a continuance is usually
for the purpose of gathering evidence and 60 days is too long. Upon a call for the vote, the motion failed,
with Commissioners Jerke, Long, and Geile opposed. Commissioner Long moved to continue this matter
for two weeks and schedule the next hearing for January 29,2001,at 9:00 a.m. The motion was seconded
by Commissioner Jerke, 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.
There being no further business, this meeting was adjourned at 11:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
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Robert D. Masden
Minutes, January 15, 2001 2001-0121
Page 8 BC0016
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