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Home My WebLink About952053.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO OCTOBER 2, 1995 TAPE #95-37 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, October 2, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert - EXCUSED Commissioner W. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller Finance and Administration Director, Don Warden MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County Commissioners meeting of September 27, 1995, as printed. Commissioner Baxter seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Webster moved to approve the hearings conducted on September 27, 1995, as follows: 1) Special Review Permit for commercial egg production facility, Moark Hatcheries, LLC. Commissioner Baxter seconded the motion, which carried unanimously. ADDITIONS: There were no additions to the agenda. CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: No reports were given. PUBLIC INPUT: No public input was offered. 952053 BC0016 WARRANTS: Don Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: General Fund $ 402,312.03 Handwritten Warrants: Payroll Fund $ 971.17 Commissioner Baxter moved to approve the warrants as presented by Mr. Warden. Commissioner Webster seconded the motion, which carried unanimously. BUSINESS: NEW: CONSIDER TWO TAX ABATEMENT PETITIONS FROM GERRITY OIL AND GAS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN: Warren Lasell, Assessor, explained Gerrity failed to notify royalty interest on the declaration statement. He stated the first abatement is for Weld County royalty, and the second is for the Colorado Department of Wildlife, neither of which was filed; therefore, he recommended approval of both. Commissioner Webster moved to approve said petitions and authorize the Chairman to sign. The motion, seconded by Commissioner Kirkmeyer, carried unanimously. CONSIDER THREE LEASES WITH THE GREELEY BUILDING FOR COMMUNITY CORRECTIONS, SOCIAL SERVICES, AND HOUSING AUTHORITY AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Warden noted a brief work session was held concerning these leases which are for the Housing Authority, the adoption and foster care licensing divisions of Social Services, and the expansion of five additional social workers for probation in Community Corrections. He stated the rent for Social Services will be $775.00 per month, $395.00 per month for Community Corrections, and $1,275.00 per month for the Housing Authority. Mr. Warden stated the leases are for three years with an option for three more years and include utilities. Commissioner Baxter moved to approve said leases and authorize the Chairman to sign. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. CONSIDER RESOLUTION RE: ACCEPT TRANSFER OF PROPERTIES KNOWN AS LOTS 22, 23, AND 24, BLOCK 8, TOWN OF PIERCE, COLORADO, PURSUANT TO STIPULATION IN CASE NO. 94-CV-461: Bruce Barker, County Attorney, stated this Resolution concerns settlement of a civil forfeiture action which Brandon Marinoff, Deputy District Attorney, handled. He explained the Stipulation includes deeding Lots 22, 23, and 24, Block 8, Pierce, Colorado, to Weld County. Mr. Barker noted David Cook, Defendant/property owner, has already signed the deed, and he recommended acceptance. Commissioner Webster moved to accept said transfer, and Commissioner Kirkmeyer seconded the motion, which carried unanimously. CONSIDER APPOINTMENT AND REAPPOINTMENT TO UNDESIRABLE PLANT MANAGEMENT ADVISORY COMMISSION: Chairman Hall stated Philip Schlagel will replace Richard Foose, with a term expiring August 19, 1998, and Carolyn Frank and John Watson will be reappointed, with terms expiring August 19, 1998. Commissioner Kirkmeyer so moved, and Commissioner Baxter seconded the motion, which carried unanimously. Minutes, October 2, 1995 952053 Page 2 BC0016 CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Chairman Hall stated Tom Bledsoe, Linda Block, and Jim Gabel will be reappointed, with terms expiring October 31, 1998; Evelyn Hoffman will replace Janice Roskop and Margaret Carlson will replace Anita Wiescamp, with terms expiring October 31, 1996; and Sandee Legino will replace Bill Dumler, Willard Kendall will replace Bill DeMoss, Bill Dudley will replace Shirley Ashbaugh, and Jim Welch will replace Kathy French, all with terms to expire October 31, 1998. Commissioner Kirkmeyer so moved, and Commissioner Webster seconded the motion, which carried unanimously. PLANNING: CONSIDER RELEASE OF COLLATERAL FOR FLATIRON STRUCTURES COMPANY, S #316: Keith Schuett, Planning Department, stated staff is requesting release of collateral in the amount of $128,150.00, which was for retention ponds, grading, and landscaping. He stated the applicant submitted a letter concerning the detention pond facility, which was the main item in waiting. Commissioner Webster moved to approve said release, and Commissioner Baxter seconded the motion, which carried unanimously. CONSIDER RE#1785-ALM: Mr. Barker notified the applicant only four Board members are present, and in the event of a tie Commissioner Harbert will review the record, or the applicant may request a continuance. Carl Alm, applicant, requested the Board proceed. Shani Eastin, Planning Department, entered staffs comments, including concerns and a brief review of the history of the property, into the record. Commissioner Kirkmeyer questioned how this request fits within the five-year time requirement since Amended RE#1276 was approved in 1994 and amended both Lots A and B. Ms. Eastin clarified only internal boundaries were changed, and Mr. Barker referred to Sections 11.8.8, 11.9, and 11.10 of the Subdivision Ordinance interpreting amendments are for corrections of technical errors. Mr. Alm explained RE#1276 was applied for by a realtor, and he bought the major agricultural portion of the property and applied for Amended RE #1276 to sell to his neighbor nonproductive portions that the sprinkler did not reach. He noted he is not a realtor or speculator, and this request is to better his personal interest in his farm land. Mr. Alm confirmed there is a prospective buyer strongly considering the four acres to help him farm. Extensive discussion ensued concerning the interpretation of the regulations, amended recorded exemptions being only for correction of technical errors, and whether the five-year time period should start over if only internal lot line boundaries are affected. Mr. Alm appealed to the Board's discretion and stated he does not want to be used as a test. Mr. Barker and Ms. Eastin confirmed only external amendments have been subject to the five-year time requirement in the past, and internal amendments have not. Mr. Alm confirmed no houses exist on Lots A or B, and the prospective buyer would not consider renting. After further discussion, Commissioner Baxter stated the change in interpretation of the regulations must be reviewed; however, since this request is already in process, he moved to allow it to be considered. Commissioner Webster seconded the motion, and Chairman Hall stated he feels badly for the applicant and agrees it is unfair to stop the process now since the interpretations are unclear. The motion carried three to one, with Commissioner Kirkmeyer voting nay. Ms. Eastin confirmed staffs conclusion of the interpretation of the Subdivision Ordinance would be brought before the Board. No public input was offered. She also clarified accesses exist to Lot B and Public Works stated one residential access to Lot A is acceptable. Mr. Alm confirmed the Conditions of Approval are acceptable and answered questions from the Board concerning the sprinkler and irrigation system and confirmed the two accesses to Lot B are off Weld County Road 78 and are both agricultural. Commissioner Webster moved to approve RE #1785, with the Conditions of Approval. Commissioner Baxter seconded the motion, which carried unanimously. Minutes, October 2, 1995 952053 Page 3 BC0016 CONSIDER ACCEPTANCE OF CONSERVATION EASEMENT FOR LAIDLAW SOUTH LANDFILL TO RESTRICT FUTURE USE OF LANDFILL AFTER CLOSURE TO PREVENT EXPOSURE TO RADON GAS AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison, Assistant County Attorney, stated this matter was discussed in a work session and it was decided the matter procedurally should be brought to the Board in a public meeting. He noted Planning and Health staff have worked with Laidlaw regarding the restriction of future use and persons subject to radon gas. He also noted Fred Otis, Attorney for Laidlaw, has made further changes to the Conservation Easement draft. Mr. Morrison stated the question is whether acceptance of this type of waste is a major change to the existing Permit and clarified the easement would restrict future use. He said the State-initiated financial assurance program would not be on-line for another one and one-half years, and this conservation easement may be better assurance than initiating contracts since it stands on its own and is more enforceable. Responding to questions from the Board, Mr. Morrison clarified the purpose of the easement is to restrict the right to put permanent structures on site regardless of future regulations. As a result, the surface cap will not be endangered. He confirmed closure plans are administratively reviewed. Gloria Dunn, Planning Department, stated staff has two concerns: first, about allowing the waste into the landfill without amending the Permit; and second, whether the waste is in compliance with Development Standard #3 since it does not adequately address waste classified as requiring special approval. Staff feels this matter needs approval through an amendment to the Permit and needs to be reviewed more closely. Commissioner Kirkmeyer referred to the letter from the Town of Erie dated September 29, 1995, regarding Weld County's compliance with CRS 30-15-401, et seq., before accepting the waste in question. Jeff Stoll, Health Department, stated staff has reviewed materials from Laidlaw and the State Health Department and agrees the material is questionable and does not fit under the regulations. He stated, however, the levels of material do not impose a long-term risk. Responding to questions from the Board, Mr. Stoll stated the material is low in radiation, but it is radioactive; however, the person on site is closest to exposure, which compares to the exposure of one-half of a medical X-ray or a few transcontinental round-trip airplane flights. He made further comparisons to the levels of radon gas in certain homes and stated the EPA and the State have an institutional mechanism to restrict land use. Responding to Commissioner Kirkmeyer's previous question concerning CRS 30-15-401, Mr. Morrison stated said section refers to police powers and hauling of waste and trash. He questioned, however, what the Town of Erie was actually referring to with this citation. Mr. Morrison also clarified radiological wastes are in a different category than hazardous wastes and are disposed of differently at separate facilities. Mr. Otis introduced Rick Brown, Project Manager for the Colorado Health Department, who stated he is custodian for the pile of material to be disposed of from the Colorado School of Mines; however, he is not specifically in charge of Laidlaw's Certificate of Designation. Mr. Brown reviewed alpha gamma versus beta gamma,which are two types of radioactivity, and presented overheads indicating upper and lower limits and the definition of solid waste which excludes materials regulated by the Radiation Control Act. He noted this waste is not under said Act. Mr. Brown gave a presentation with an alpha meter, which measures alpha particles, and stated the soils need to be put into a controlled environment. He noted the material is perfectly acceptable, especially after it is filled and covered, and this method is the most cost-effective and protective solution. Mr. Brown reiterated the soils are now in a very inappropriate geological setting but will meet all siting criteria once managed in a favorable disposal environment. He clarified the soils have been classified as a special solid waste through an options analysis and the radon gas will be measured through the excavation and disposal of the material. Responding to questions from the Board, Mr. Brown stated 2,200 records were reviewed to establish the classification, which was then independently reviewed by the EPA and was concluded with an objective perspective. He confirmed the Colorado School of Mines is not a "Super-Fund" site and stated Laidlaw and one other site have been approved administratively by the State, with one other site being Minutes, October 2, 1995 952053 Page 4 BC0016 in the administrative process. He stated Roger Doak and Glenn Mallory of the Colorado Health Department have reviewed the site. Mr. Brown confirmed it is safe to dispose of this material in a landfill where inhalation will be prevented with soil cover. Responding to further questions from the Board, Mr. Brown stated the radon gas mine/mill tailings in Grand Junction were disposed of at a facility specifically for uranium work since it was in such high concentrations. He also stated the waste is a regulated solid waste and needs to be in a controlled environment such as the landfill where it will be segregated and surveyed in to prohibit potential risk. Mr. Otis referred to a letter from the EPA explaining how and why Laidlaw requested the special waste and the Board of Commissioner's opinion. He reiterated the waste is not radioactive and such a matter would normally be handled by the Health Department. Mr. Otis explained the Conservation Easement was drafted when the State Health Department requested notice through the Clerk and Recorder of buried waste so no building would occur on site. Ben Doty, Doty and Associates, stated he is Laidlaw's consulting engineer and confirmed this matter is typically an administrative item as detailed in his letter dated September 27, 1995. Ms. Dunn confirmed Planning staff reviews such matters for substantial deviation and consults with the Health Department for its expertise. Mr. Doty stated there is approximately 20,000 cubic yards of this material, which is approximately one acre or 200' X 200' X 13' tall. Mr. Brown reiterated this specific material was evaluated and classified as special solid waste through a one-time special review and approval of this material would not be opening the "barn" door. Responding to further questions from the Board, Mr. Brown stated the EPA requires two independent contractors for monitoring of excavation, handling, and procedures for transportation. He stated the material was analyzed extensively in 1992 and again when moved up the hill from Clear Creek, resulting in very consistent concentration levels throughout the pile. Hal Farrenkopf of Erie, Colorado; Dorothy Shamy, President of Ranch Eggs Subdivision; Veronica Bryant, Vara Richardson, and Kim Hughes, Parkland Estates; Pauline Sheets, Ranch Eggs Subdivision; Darla Brown, Erie, Colorado; Steve Orzynski, private attorney, Victor Smith, Mayor of Erie; and Jim Richardson, Parkland Estates, all spoke in opposition to this request and voiced numerous concerns. Mr. Doty reiterated a risk assessment was completed and exposure over one year would be less than one-half an X-ray. He also reiterated this material is a special waste, not radioactive waste, and the State Health Department agrees it is acceptable. He noted this request is only for the stockpiled soil. Mr. Brown confirmed the other materials referred to by Ms. Shamy have been taken care of by the EPA and only the soil is left for disposal. He also confirmed BFI is only a few miles away from the stockpile and is being considered in this process. Responding to further questions from the Board, Mr. Doty explained the liner system of the landfill and reiterated numerous monitoring systems exist and a site potential study has been completed. Chairman Hall stated this is a special waste for which regulations require a Special Review Permit; therefore, the Permit needs to be amended because Development Standard#3 states no radioactive material is allowed. He stated the Conservation Easement could make the problem worse since the current levels of radon in the area are not known. Commissioner Kirkmeyer stated this site is not needed since others are available and noted the EPA requires community acceptance, which is not there. She agrees people are scared due to terms like long-term risk" and referred to Development Standards #3 and #34, reiterating the need for an amendment. Commissioner Kirkmeyer then moved to not accept the Conservation Easement and to deny the letter requesting approval to accept the special waste. Commissioner Webster seconded the motion and stated he feels the material is safe for handling and containment; however, South Weld County has always been a dumping ground for other counties, and, since alternative sites are available, Laidlaw can be filled with something else. Commissioner Baxter stated he agrees with Commissioner Webster, but he must also accept the facts from the expert testimony and to vote for the motion would be to do so in the face of the facts; therefore, he will vote against the motion. The motion carried three to one, with Commissioner Baxter voting nay. Minutes, October 2, 1995 952053 Page 5 BC0016 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. There being no further business, this meeting was adjourned at 12:15 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, pOLORADO AT . 3 * 9 N 'i^' r Qu�"""" ' Dale K. Hall, Chairman / Welftigijrit}* C*Jk'to the Board hn Barbara J. Kirkmeye o-Tem ler t the Board George Baxter Fxr:t}SFn Constance L. Harbert W. H. Webster Minutes, October 2, 1995 952053 Page 6 BC0016 RECORD OF PROCEEDINGS MINUTES BOARD OF SOCIAL SERVICES WELD COUNTY, COLORADO OCTOBER 2, 1995 TAPE #95-37 The Board of County Commissioners of Weld County, Colorado, met in regular session as the Board of Social Services 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, October 2, 1995, 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 Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert- EXCUSED CommissionerW. H. Webster Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Shelly Miller MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social Services meeting of September 27, 1995, as printed. Commissioner Webster seconded the motion, and it carried unanimously. WARRANTS: Shelly Miller, Acting Clerk to the Board, presented the warrants for approval by the Board in the amount of $63,183.83. Commissioner Baxter moved to approve the warrants as presented by Ms. Miller. Commissioner Kirkmeyer seconded the motion, which 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 12:20 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO l/ AE LwT ` Dal K. Hall, Chairma e R 1 'ty cle, c to the Board L. � _ cr { C J a ra J. Kirkmeyi, Pro-Tem u tCl rk o the Board Georg E. Baxter Fxrl ISFn Constance L. Harbert 1Ai CT W. H:`Webster 952053 BC0016 Hello