HomeMy WebLinkAbout20012697 1
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3 TRANSCRIPT OF TAPE RECORDED MEETING
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5 BOARD OF COUNTY COMMISSIONERS MEETING: CONSIDER SETTING
6 A NEW HEARING DATE TO DETERMINE WHETHER GOOD CAUSE EXISTS
7 FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND
8 USE BY SPECIAL REVIEW PERMIT#1198
9 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
10 (BRINE WATER DISPOSAL) IN THE A (AGRICULTURAL)ZONE DISTRICT
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13 CONDUCTED ON JUNE 11, 2001
14 (PORTION OF TAPE #2001-25)
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18 THOSE PRESENT
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20 WELD COUNTY COMMISSIONERS:
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22 M.J. GEILE, Chair
23 GLENN VAAD, Pro-Tern
24 WILLIAM H. JERKE
25 ROBERT D. MASDEN
26 DAVID E. LONG
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28 ALSO PRESENT:
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30 BRUCE BARKER, Esq., County Attorney.
31 LEE MORRISON, Esq., Assistant County Attorney
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2 PROCEEDINGS
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4 CHAIR GEILE: Next item,Consider Setting aNew Hearing Date to Determine
5 Whether Good Cause Exists for Revocation of Site Specific Development Plan and Use by Special
6 Review Permit#1198 for an Oil and Gas Support and Service Facility(Brine Water Disposal)in the
7 A(Agricultural)Zone District.
8 MR. BARKER: Mr. Chairman,this is a request by the Board to go ahead and
9 set the matter to an earlier date. The Show Cause Hearing was originally set for, or continued, I
10 guess,to July 25th. Upon the Board's request we went ahead and set this for today to do a setting
11 for a new Show Cause Hearing to bump that date up to June 18th at 9:00 o'clock a.m. You
12 resolution states that;however,the third Whereas Paragraph,I don't believe that it was at the request
13 of the applicant. I believe that it was actually more in order to set the matter for an earlier Show
14 Cause date, the Board set this hearing. So, I think that correction needs to be made. With that this
15 would go ahead and set it to the earlier date of June 18th at 9:00 o'clock.
16 CHAIR GEILE: Okay, June 18th. Is that a Monday?
17 MR. BARKER: Next Monday.
18 CHAIR GEILE: Any further discussion, if not, I'd entertain a motion.
19 COMMISSIONER JERKE: Move to approve the resolution with the change on
20 paragraph three to indicate that the Board wants to do this rather than the applicant.
21 COMMISSIONER LONG: I'll second.
22 CHAIR GEILE: Any further discussion? A motion's been made
23 MR. BARKER: Mr. Chairman?
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1 CHAIR GEILE: Let me get it on the Board. A motion's been made by
2 Commissioner Jerke,seconded by Commissioner Long to set the matter for hearing, or approve the
3 resolution with the one clarification that it's at the wishes of the Board,not the applicant. Counsel?
4 MR. BARKER: Mr. Chairman, we did provide a notice to the Enviro-Cycle,
5 LLC,that today would be the day when we would set the matter for an earlier date. I don't think that
6 they are in the audience,but you may want to just make note of that.
7 CHAIR GEILE: Are you representing the applicant, or
8 COMMISSIONER JERKE: Their attorney is here.
9 CHAIR GEILE: Good morning, Lee.
10 MR. MORRISON: No, Mr. Chairman. Ah, Lee Morrison, Assistant County
11 Attorney. What we'd originally scheduled this and then were advised by Enviro-Cycle that no one
12 would be available today and they asked that you continue this over for a week,until the 18th before
13 we decide whether to set it or not, and I thought that the Clerk understood that. And we sent out
14 notices to the neighbors as well, indicating there wouldn't be a resolution of this issue for another
15 week.
16 CHAIR GEILE: Discussion?
17 MR.MORRISON: That also is why no one else is,no one is here from the Health
18 Department or anything.
19 COMMISSIONER JERKE: Are we to understand that everybody else thinks that
20 we're going to make the determination as to when we're actually to make the determination another
21 time.
22 MR. MORRISON: In a week. The 18th.
23 COMMISSIONER JERKE: And that's when we were going to have the debate of
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1 when we would actually have the debate?
2 MR. MORRISON: Yes.
3 COMMISSIONER JERKE: Is it sufficient to have the debate that we will actually
4 have the debate a week from today? Is that sufficient notice or not?
5 MR. MORRISON: No, because the applicant's entitled to ten days notice, they
6 were willing to waive it between the 18th and the 25th,but I don't believe they're willing to waive
7 it between the 11th and the 18th.
8 CHAIR GEILE: Commissioner Jerke.
9 COMMISSIONER JERKE: Can I continue on with this? Could we simply go ahead
10 and adopt this resolution and make that date the 25th? So that everybody had, and the actual date
11 that we would do Show Cause at that time. Is that acceptable or not?
12 MR. MORRISON: It's not what I represented to the attorney for the applicant
13 would happen. I indicated that they have an opportunity to argue, it shouldn't be included in the
14 Show Cause on the 18th.
15 CHAIR GEILE: Sounds like our own system is bogging this thing down. I
16 guess I'd like counsel, give me the sequence of when this will be, how this will be dealt with and
17 then the time lines that it will be dealt with?
18 MR.MORRISON: All right. We scheduled this for the 11th,then heard from the
19 applicant indicating that they couldn't appear today. They did, however, indicate that they would
20 waive the ten-day notice between the 18th and the 25th to allow, if you chose to allow this to the
21 revocation proceedings,that they would appear and not object based on a lack of notice on the 25th.
22 But,part of the discussion was that they'd have an opportunity on the 18th to argue, it should not be
23 included in the revocation process. So,if you continue this matter right now to the 18th,then if you
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1 choose to include it in the revocation process we can have the full hearing the 25th and they won't
2 object to that date.
3 CHAIR GEILE: So,if we accept the resolution this morning,excuse me, then,
4 what are you asking us to do this morning, counsel?
5 MR. MORRISON: No decide whether to include it in the revocation proceeding
6 until the 18th.
7 CHAIR GEILE: So what we'll need to do, then, would to be to defeat the
8 ordinance, or the motion that's on the table right now and to not do anything.
9 MR. MORRISON: Other than continue it, yes.
10 CHAIR GEILE: Other than continue it.
11 COMMISSIONER JERKE: Can I simply withdraw my motion?
12 CHAIR GEILE: I would say that's in order,according to Robert's Rules, Dave,
13 would you,
14 COMMISSIONER LONG: I withdraw my second.
15 CHAIR GEILE: Let the record show that Commissioner Jerke has removed his
16 motion and Commissioner Long has removed his second, so this is back on the table. So, for
17 consideration, so really what we're doing is considering a continuance? To the 18th?
18 MR. MORRISON: Yes.
19 COMMISSIONER JERKE: I move to continue the resolution til the 18th.
20 COMMISSIONER LONG: Second.
21 CHAIR GEILE: It's been moved by Commissioner Jerke, seconded by Long,
22 to continue the matter to the 18th. Any further discussion? If not, all in favor signify by saying aye.
23 COMMISSIONERS JERKE, LONG, MASDEN, AND VAAD: Aye.
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1 CHAIR GEILE: Opposed? Motion carried.
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