HomeMy WebLinkAbout911980.tiff HEARING CERTIFICATION
DOCKET N0. 91-49 & DOCKET NO. 91-51
RE: CREATION OF WELD COUNTY WINDSOR SHORES LAW ENFORCEMENT AUTHORITY AND
SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 11943
- WINDSOR SHORES, INC. , C/O LARRY B. ECKEL
A public hearing was conducted on September 18, 1991, at 10:00 A.M. , with
the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem - Absent
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Bruce Barker
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated August 28, 1991, and duly
published August 29, September 5 and 12, 1991, in The New News, a public
hearing was conducted to consider the creation of the Windsor Shores Law
Enforcement Authority; and pursuant to a notice dated August 28, 1991, and
duly published September 5, 1991, in The New News, a public hearing was
conducted to consider the revocation of Special Use Permit #943, issued to
Windsor Shores, Inc. , c/o Larry B. Eckel. Bruce Barker, Assistant County
Attorney, made Docket No. 91-51 a matter of record.
Let the record reflect that Commissioner Kennedy is now present.
Chairman Lacy said that since one of the alleged violations against
Windsor Shores concerns the creation of a law enforcement authority, the
matters would be considered together. Mr. Barker made Docket No. 91-49,
a matter of record. Lanell Swanson, Planning Department representative,
read the still existing violations into the record. Larry Eckel, operator
of Windsor Shores, Inc. , addressed the concerns of the Planning staff
stating that a bond for $3500 would be in place by Friday. Ms. Swanson
questioned whether it would be a bond or a letter of credit. Mr. Eckel
said it would be a letter of credit from First Security Bank in Fort
Morgan. Commissioner Harbert questioned why Mr. Eckel allowed activity on
the property before all Conditions were met. Mr. Eckel explained there
have been several delays, and he misunderstood the restriction. He said
he has discussed the law enforcement authority with the County Attorney's
staff, and he is willing to work with the surrounding landowners. In
response to a question from Commissioner Harbert, Mr. Eckel said he is
having signs made to keep people off the road used by the oil company.
Mr. Barker explained the publication of the law enforcement authority has
been done and reviewed the procedure to be followed. A draft Resolution
has been presented to the Board for consideration, stating the intent to
create the Windsor Shores Law Enforcement Authority, as well as setting
the election for the date of October 29, 1991. The election would be by
mail ballot. Mr. Barker stated concerns about the specifics of the metes
and bounds of the property. He suggested including the entire area owned
by Windsor Reservoir and Canal Company. After further discussion, Mr.
Barker said the west shore is not leased by Mr. Eckel, but he has agreed
to pay the cost for the Company. Commissioner Webster said extending to
the west would better protect the neighbors. Mr. Eckel said it would also
protect him from trespassers onto the Windsor Shores property.
Commissioner Harbert asked Mr. Barker if the proposed Resolution was
sufficient. Mr. Barker said it had been reviewed by staff, and his only
concern is the legal description, because it is not enough for the Clerk
and Recorder and the Assessor. Commissioner Kirby questioned who would be
billed for the law enforcement authority if Windsor Shores' lease expired.
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RE: HEARING CERTIFICATION - CREATE WINDSOR SHORES LEA & SHOW CAUSE
Mr. Barker said an agreement needs to be done between Mr. Eckel and the
Company. Mr. Eckel said the attorney for the Windsor Reservoir and Canal
Company is currently drafting such an agreement. Commissioner Harbert
asked if the law enforcement authority would be rescinded if the lease
expired. Mr. Barker said the Company, Windsor Shores, and possibly Mr.
Eckel, would have to vote on that decision. He said the Company would be
responsible until rescinded by the Board. Commissioner Kirby questioned
the basis for establishing the cost of the authority. Mr. Barker said
Donald Warden, Finance and Administration Director, has handled that in
the past and explained the procedure. In response to a question from
Commissioner Harbert, Ms. Swanson said she is satisfied with the effort to
come into compliance. She explained the three things still not in
compliance. (Change to Tape 091-27) John Houstoun, surrounding property
owners, stated concerns about the facility and asked questions of the
Board and staff. Wes Potter, Health Department representative, spoke in
response to Mr. Houstoun's concerns about the septic system and said all
aspects of the facility are in compliance. There was some discussion
about the proposed dump site for the recreational vehicles. Mr. Eckel
responded to Mr. Houstoun's concerns about fires, and he said the dump
site will be in by April 1, 1992. After further discussion, Chairman Lacy
suggested considering the law enforcement authority issue first. Mr.
Barker responded to a question from Mary Ann Feuerstein, Clerk and
Recorder, concerning the date of the election. Commissioner Kennedy moved
to set the date for the law enforcement authority election as October 29,
1991, with Commissioner Webster seconding said motion. Mr. Barker said,
to comply with State statute, the law enforcement needed to be authorized
and the proposed Resolution adopted. Commissioners Kennedy and Webster
agreed to said amendment to the motion, which carried unanimously. There
was discussion concerning the access gate for the oil company and the
performance guarantee. Commissioner Kirby suggested continuing said
hearing to allow Mr. Eckel time to comply. Chairman Lacy stated if not in
compliance, the Permit should be revoked at that time. After further
discussion, Commissioner Kirby moved to continue the Show Cause Hearing to
October 30 to allow time to comply. Commissioner Kennedy seconded the
motion. Ms. Feuerstein said the votes would be canvassed on the 30th of
October. Commissioner Kirby amended his motion to continue to November 4,
1991, at 9:00 a.m. Commissioner Kennedy agreed to said amendment.
Chairman Lacy stated that all areas must be in compliance by that date.
The motion carried unanimously.
This Certification was approved on the 23rd day of September, 1991.
/�'/�/ /�ya+nn////��/// APPROVED:
ATTEST: /0J/V d% BOARD OF COUNTY COMMISSIONERS
(((/// WELD COUN LO DO
Weld County Clerk to th Board
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By: / Gor o - c irman
beputy Clerk to the Board
Ge a Kenne y, Pro-Tem
TAPE 091-26 & 091-27
Constance L. Harbert
DOCKET 091-49 & 091-51
C. W. Kirby SD00371 , -�
PL0837 1.c / RI (741/4"-{)-v-cc ,/ii
W. H. Webster
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