HomeMy WebLinkAbout931434.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 12, 1993
TAPE #93-13 & #93-14
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, April 12, 1993, at the
hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Baxter moved to approve the minutes of the Board of
County Commissioners meeting of April 7, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearing conducted on
April 7, 1993, as follows: 1) Preliminary Hearing, Johnson
Subdivision Local Improvement District #1993-2. Commissioner
Baxter seconded the motion, and it carried unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the consent agenda as
printed. Commissioner Webster seconded the motion, and it
carried unanimously.
PROCLAMATIONS: COLORADO'S PUBLIC HEALTH WEEK - APRIL 12 THROUGH 16, 1993:
Commissioner Webster, Commissioner Coordinator for the Health
Department, read the proclamation concerning Colorado's Public
Health Week into the record. He will ensure the Health
Department receives the proclamation.
COMMISSIONER
COORDINATOR
REPORTS: There were no reports given today.
PUBLIC INPUT: There was no public input today.
931434
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 405, 624.86
Commissioner Baxter moved to approve the warrants as presented
by Mr. Warden. Commissioner Hall seconded the motion which
carried unanimously.
BUSINESS:
OLD: CONSIDER AGREEMENT FOR SAMPLING AND ANALYSIS OF DRINKING WATER
WITH TOWN OF LASALLE AND AUTHORIZE CHAIRMAN TO SIGN (CONT. FROM
04/07/93) : Jeannie Tacker, Health Department, explained that
the agreements submitted last week were incorrect. The Town of
LaSalle has submitted an agreement concerning drinking water.
Ms. Tacker said the rates are as established by Ordinance, and
the term of said agreement is January 1, 1993 through December
31, 1993. Commissioner Hall moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner
Webster, the motion carried unanimously.
CONSIDER SEVEN AGREEMENTS FOR SAMPLING AND ANALYSIS OF POLLUTANT
DISCHARGE WITH VARIOUS ENTITIES AND AUTHORIZE CHAIRMAN TO SIGN
(CONT. FROM 04/07/93) : Ms. Tacker submitted a corrected memo
requesting approval of said pollutant discharge agreements with
the Town of LaSalle, First National Water Company, Millard
Refrigeration Services, Town of Ault, Town of Nunn, Rocky
Mountain Water Ski Club, and North Huron Water Company. All
agreements are for the term of January 1, 1993 through December
31, 1993. Commissioner Baxter moved to approve the seven
agreements for sampling and analysis of pollutant discharge and
authorize the Chairman to sign. Seconded by Commissioner
Webster, the motion carried unanimously.
NEW: CONSIDER TAX ABATEMENT PETITION FROM LAKE ARROWHEAD, INC. , AND
AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor, explained
said petition is for twenty lots in the Arrowhead Subdivision.
He said the petition was submitted under the contention that
Senate Bill 92-101 should not be considered to be in effect
until 1993. Bruce Barker, Assistant County Attorney, explained
the bill was signed by the Governor on June 2, 1992, which is
the effective date according to statute. Mr. Barker also
pointed out the assessment date is when the Board of
Equalization set the assessment, in this case August 10, 1992.
The petitioner was not present. After discussion, Commissioner
Baxter moved to deny said petition and authorize the Chairman to
sign. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
CONSIDER APPLICATION FOR FINANCIAL ASSISTANCE TO COLORADO
DEPARTMENT OF TRANSPORTATION FOR SECTION 18 FTA FUNDS AND
AUTHORIZE CHAIRMAN TO SIGN: Walt Speckman, Director of Human
Resources, explained said grant application is to support
transportation services to the elderly and disabled of rural
Weld County. He said the application is consistent with the
needs of the Weld County Transit Development Plan and the
transportation goals of the Area Agency on Aging. Commissioner
Webster moved to approve said application and authorize the
Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
Minutes - April 12, 1993
Page 2
CONSIDER JOB TRAINING PLAN MODIFICATION WITH GOVERNOR'S JOB
TRAINING OFFICE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Speckman
said this Job Training Plan Modification covers program years
1992 and 1993. He said the Weld County Service Delivery Area
will be provided $547, 737 to provide employment and training
services to approximately 140 adults and 120 youth during the
time period of July 1, 1993 through June 30, 1994. Commissioner
Webster moved to approve said plan modification and authorize
the Chairman to sign. Seconded by Commissioner Baxter, the
motion carried unanimously.
CONSIDER ACCEPTING COLLATERAL, APPROVING PLOWING PERMIT #93-02
FOR GERALD L. KUMMER, AND AUTHORIZING CHAIRMAN TO SIGN: Mr.
Barker explained said permit is to cover 152 acres. He said Mr.
Kummer has provided a Soil Conservation Plan which was approved
by the West Greeley Soil Conservation District. Mr. Kummer has
also paid the permit fee and provided collateral in the form of
Letter of Credit #199307 in the amount of $4, 600.00, which is
drawn on The Bank of Greeley. Commissioner Baxter moved to
accept collateral, approve said permit, and authorize the
Chairman to sign. Seconded by Commissioner Webster, the motion
carried unanimously.
CONSIDER LEASE OF BUILDING WITH DISABLED AMERICAN VETERANS
GREELEY CHAPTER #8, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Warden explained the concept of combining the Disabled American
Veterans Office with the Weld County Veterans Office. He said
the only cost to the county is the cost of utilities, and the
benefit is that it allows the Disabled American Veterans Office
to stay open. Commissioner Webster moved to approve said lease
and authorize the Chairman to sign. Seconded by Commissioner
Kirkmeyer, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 40 BETWEEN WELD
COUNTY ROADS 45 AND 47: Commissioner Hall moved to approve said
closure. Seconded by Commissioner Baxter, the motion carried
unanimously.
Due to the possible length of the following probable cause
hearing, a recess was taken to allow the Board time to conduct
the Social Services Board Meeting prior to said hearing.
(Let the record reflect that Lee Morrison is now acting as
Attorney of Record. )
PLANNING: CONSIDER PROBABLE CAUSE HEARING - NORTHERN COLORADO BRINE: Lee
Morrison, Assistant County Attorney, made this a matter of
record. Keith Schuett, Department of Planning Services, read
the staff recommendation into the record. The Department of
Planning Services is requesting the Board find sufficient
evidence to schedule a Show Cause Hearing on May 19, 1993. The
Department of Planning Services alleges violations to USR #540
are occurring pertinent to Operation Standards #1, 3, 6, 7A, 7H,
7I, 7J, 8A, 15, and 16. Mr. Schuett asked that the Inspection
Report dated April 10, 1993 be entered into the record as
written. John Pickle, Environmental Services Director, noted
that this facility has been issued seven odor violations. He
said the State Air Quality Division has held two hearings,
issued one compliance order, and is in the process of issuing a
second compliance order. Mr. Pickle stated Northern Colorado
Brine has appealed the first compliance order. Patty Deplazes,
Eastern Plains Environmental Service, represented the
respondent. Ms. Deplazes presented Exhibit #1, a notebook
Minutes - April 12, 1993
Page 3
containing respondent's Exhibits A thru M. During her
presentation she also presented Exhibit 112, an Assessor's aerial
map; Exhibit #3, the recorded plat for USR #540; Exhibit #4,
berm photos; Exhibit #5, a schematic showing the location of
each pond; Exhibit #6, an aeration schematic showing the
location and details of pump pads and anchors; Exhibit #7, a
transparency showing other possible sources of odor in the area;
and Exhibit #8, construction drawings. Ms. Deplazes responded
to staff allegations, specifically addressing each alleged
violation. She stated some of the allegations are obvious
communication problems, such as the Health Department and
Planning staff approving the depth of the new pond to be
constructed last fall, without realizing the intent was to
increase the amount of waste being processed. Northern Colorado
Brine felt the approval of the design plan was approval for the
change in operation. Ms. Deplazes stated an emissions permit
has been applied for, and is awaiting state approval. She said
one reason the ponds were not skimmed is the severe winter
weather which prohibited proper skimming. She said tests she
took show six to eight hours retention is adequate time for
skimming. Ms. Deplazes discussed the effect increased oil and
gas drilling activity has had on the facility, forcing them to
accept more waste than they had originally planned. Northern
Colorado Brine feels if they do not accept the extra waste, it
will be illegally dumped. She stated the aeration system is
being constructed to deal with the odor problem, and she said
her nose is certified by the State Department of Health. Ms.
Deplazes also stated the Health Department has an odor abatement
plan to review. She explained the fence, which is down on the
south side of the property, was damaged by a fire that occurred
November 16, 1992. That fence was repaired by installing a
gate, which aids the facility when they are hauling fill dirt
into the site from that side. In summary, Ms. Deplazes said the
facility presents no threat to the environment or the public.
The service is needed, due to the high level of oil and gas
drilling activity in Weld County, and this facility is the only
one in Weld County. Therefore, she feels they are protecting
the environment by eliminating the random dumping of waste. She
asked that, if a Show Cause Hearing is scheduled, enough time be
allowed to receive the emissions permit from the State, as well
as the results of the appeal on the Compliance Order. Chairman
Harbert questioned Ms. Deplazes about why the aeration plan,
which was included in a presentation to the Board last fall, has
not yet been installed. Ms. Deplazes stated odor abatement is
being studied to determine the most effective means of
controlling the odor. She said the misting system is being
installed. Mr. Schuett, responding to a question from
Commissioner Harbert, said the Department of Planning Services
has not reviewed the misting system being installed. Ms.
Deplazes responded that Northern Colorado Brine interpreted the
standard regarding the aeration to mean one shall be installed,
not reviewed. Mr. Schuett stated that any change to a permit
requires review by the Department of Planning Services. In
response to a question from Mr. Morrison, Ms. Deplazes stated
Northern Colorado Brine investigated and determined that a
surface spray system would be the most effective means of odor
control. Commissioner Kirkmeyer questioned the facility' s
practice of accepting waste in excess of the daily limit
specified in the Operation Standards, even though aware of the
problems created by that practice. Ms. Deplazes stated the
excess was not solicited and, although the facility could be
closed at any time, it would cause a great disruption to all the
oil companies. She feels the alternative would then be illegal
dumping by those companies. In response to a question from
Commissioner Baxter, Ms. Deplazes said chemicals were tried on
a short-term basis after the work session held last fall, but
found to be ineffective. In response to a question from
Commissioner Hall, Mr. Pickle explained there is a difference in
Minutes - April 12, 1993
Page 4
approving a plan for design and one for operation. When looking
at the design plan, the process is to determine whether or not
the design will work. After approval of the design plan, the
operation plan goes into effect. If the operation plan has more
strict standards than the design called for there can be a
problem, such as the depth being approved at a level which is
deeper than necessary for 30" of groundwater. (Changed to Tape
1193-14. ) Ms. Deplazes said there was a misunderstanding, and
they felt it was clear that it was intended to hold more than
the previous standards allowed. Mr. Schuett reminded the Board
the purpose of the hearing today is not to review and approve
other plans, etc. , but to determine whether or not there is
Probable Cause for a violation. Mr. Morrison reiterated the
Board is not obligated to make a determination, but simply to
determine there is Probable Cause of violation. In response to
a question from Commissioner Kirkmeyer, Mr. Morrison stated the
application is intended to help interpret the Development
Standards and Conditions of Approval, it is not intended to be
taken as standards being set forth. Mr. Schuett pointed out
that if the Board would look at the respondent's figures, the
respondent is still in violation because they are accepting
2,000 barrels per day. Ms. Deplazes said they do not deny they
are accepting 2,000 barrels per day, but feel they were forced
to do so by the increased drilling activity, as well as the fact
that this is the only facility of this type in Weld County.
Commissioner Hall questioned whether or not the increase in
drilling activity is felt to be temporary. Ms. Deplazes said
she has talked to the Oil and Gas Commission, who said 1992 was
much higher than 1991; however, 1993 is expected to be lower.
In response to questions from Commissioner Baxter, Mr. Morrison
said the legal mechanism is to determine whether to continue the
Probable Cause or set a Show Cause. The criteria for
determining Probable Cause is not particularly high. He said
the Board needs to determine if there is enough evidence to
justify proceeding to the next stage. If Probable Cause is
found, each violation should be evaluated, in order to properly
notify the respondent of the specific violations. In response
to a question from Commissioner Kirkmeyer, Mr. Schuett stated he
was told the frac tanks on-site are used as temporary storage,
which constitutes a substantial change to the permit. He said
two frac tanks were identified as being used on a short-term
basis for skimming. Mr. Schuett also clarified for Commissioner
Kirkmeyer his allegations regarding elevation and record
keeping. Mr. Schuett also responded to Commissioner Kirkmeyer
that the contaminated soil is possibly coming from the frac
tank, not from the fire. After discussion regarding whether or
not public testimony would be allowed, Commissioner Hall moved
to find Probable Cause on all Operation Standards except #6, and
to set a Show Cause Hearing for May 19, 1993 at 10:00 a.m. The
motion was seconded by Commissioner Kirkmeyer. Commissioner
Webster requested the portion regarding the depth of the new
pond be deleted. After discussion, the motion remained as
stated. On a roll call vote, the motion carried unanimously.
The Board directed staff to proceed with the survey by the
County Surveyor at an approximate cost of $500-$600.
RESOLUTIONS AND
ORDINANCES: The Resolutions were presented and signed as listed on the
consent agenda. There were no Ordinances.
Let the minutes reflect that the above and foregoing actions
were attested to and respectfully submitted by the Acting Clerk
to the Board.
Minutes - April 12, 1993
Page 5
There being no further business, this meeting was adjourned at
11:25 A.M.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
PQ
WELD COUNTY, COLORADO
Weld County Clerk to the Board —
//� s Constance L rtC airman
LLheputy Cle k to the Boar W. H Webster, Pro-Tem `
eorge E' Baxt r
Da e Kl
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arbara J. Kirkme er
Minutes - April 12, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 12, 1993
TAPE 1193-13
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, April 12, 1993, at the hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of Social Services meeting of April 7, 1993, as printed.
Commissioner Webster seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $24, 108. 66. Commissioner Baxter moved to approve
the warrants as presented by Mr. Warden. Commissioner Hall
seconded the motion, which carried unanimously.
NEW BUSINESS: CONSIDER CONTRACT AMENDMENT TO 1992 EMERGENCY SHELTER GRANTS
CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF
HOUSING, FOR GREELEY TRANSITIONAL HOUSE AND CATHOLIC COMMUNITY
SHELTER AND AUTHORIZE CHAIRMAN TO SIGN: Jim Sheehan, Department
of Social Services, said Weld County has recently been awarded
an additional $1,000 through the Emergency Shelter Grant Program
as an amendment to the 1992 contract. The Local Selection
Committee recommendation is that the additional funds be awarded
to the Greeley Transitional House. Commissioner Webster moved
to approve saidamendment, per the recommendation, and authorize
the Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER GENERAL ASSISTANCE AGREEMENT FOR SERVICES WITH A
WOMAN'S PLACE, INC. , AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Sheehan presented said agreement, which incorporates the
recommendations of the Weld County Homeless/Housing Task Force
and provides for the equitable distribution of the Weld County
Emergency Shelter resources. The term of said agreement is
January 1, 1993 through December 31, 1993. Base shelter cost is
$15.17 per day, per family member, and maximum client stay is
seventeen days. Total maximum reimbursement is $18,250.
Commissioner Webster moved to approve said agreement and
authorize the Chairman to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
CONSIDER GENERAL ASSISTANCE AGREEMENT FOR SERVICES WITH CATHOLIC
COMMUNITY SERVICES/NORTHERN AND AUTHORIZE CHAIRMAN TO SIGN: Mr.
Sheehan stated the term of said agreement is January 1, 1993
through December 31, 1993. The base shelter cost is $15.17 per
day, per family member, and the maximum client stay is seven
days. Total maximum reimbursement is $15, 750. Commissioner
Webster moved to approve said agreement and authorize the
Chairman to sign. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER GENERAL ASSISTANCE AGREEMENT FOR SERVICES WITH GREELEY
TRANSITIONAL HOUSE AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Sheehan
stated the term of said agreement is January 1, 1993 through
December 31, 1993. Base shelter cost is $15.17 per day, per
family member, and maximum client stay is twenty-four days.
Total maximum reimbursement is $16,000. Commissioner Webster
moved to approve said agreement and authorize the Chairman to
sign. Seconded by Commissioner Hall, the motion carried
unanimously.
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
9:20 A.M.
APPROVED:
ATTEST. r ' /V vv' 1
BOARD OF COUNTY COMMISSIONERS
WEI COUNTY, COLORADO
Weld County Clerk to the Board L., t,,1?-1C'4,c - .4-e----7
Constance L. Harbert, Chairman
By: 4Ap�',L� ! 1 �IY /I °ice ilil, i,
eputy Cle k to the Board W. HWebster Pro-Tem
:2-1.--- / -7:‘..x.-7f:1
George ElBaxte
Dale K. Ha 1
c./2 a‘
Barbara J. Kirkmey r
Minutes - April 12, 1993
Page 2
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