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HomeMy WebLinkAbout790733 RESOLUTION RE : DESIGNATION OF WELD COUNTY AS 208 MANAGEMENT AGENCY WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado , and WHEREAS, Weld County has been assigned the role of a management agency in the Larimer-Weld Areawide Water Quality Management Plan, as more fully defined by said plan, and WHEREAS , County staff has submitted to the Board a report , entitled "Assessment of 208 Management Agency" , hereto incorporated into and made a part of this Resolution, and WHEREAS , in the staff report to the Board on the 208 management agency, the organization, tasks , funding and benefits specify Weld County' s 208 management agency role for 1980 . NOW, THEREFORE, BE IT RESOLVED that the Weld County Board of County Commissioners hereby officially recognize the acceptance of Weld County as a 208 management agency, as more fully defined in the Larimer-Weld Areawide Water Quality Management Plan, and BE IT FURTHER RESOLVED that the staff report presented to the Board of County Commissioners July 2 , 1979 , entitled "Assessment of 208 Management Agency" , hereby is adopted as the policy of the Weld County Board of County Commissioners concerning organizational placement , tasks to be performed, priorities of the 208 program for 1980 , funding and expected benefits for Weld County as a result of its role as a 208 management agency in 1980 , and BE IT FURTHER RESOLVED that the above action is nunc pro tunc to the date that the Council of Governments adopted the Larimer-Weld Areawide Water Quality Management Plan on the 6th day of September, A.D. , 1978 . 7'9073) LL The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D. 1979 , nunc pro tunc to September 6 , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ÷(11-2,4a14%, Za/17"9/ Ce11117clit"14-446,,7 in Q1LAAAA:7 wind-tart' ATTEST: "- , Weld County Clerk and Recorder and Clerk to the Boar)) �L. eputy County C e k A P,OV AS TO FORM: County Attorney DATE PRESENTED: July 18, 1979 mEmoRAnDum WIiD�. To Board Members _x\11111 Dace July 2, 1979 COLORADO From Don Warden 1\�i' /► Subject: Assessment of 208 Management Agency At a work session with the Board on June 11, 1979, you directed staff to assess the 208 Management Agency concept as it relates to Weld County. Specifically, the Board wanted a staff recommendation as to practical fund- ing alternatives for the program if the Board chooses to become the 208 Management Agency, and to address the proper organizational placement to perform the 208 Management Agency task. In order to make the above assessment, Gary Fortner, John Hall, Phil Arm- strong, and myself met to develop the above staff recommendations for the Board. As a result of our efforts in the area, the following are our staff recommendations to you: 1. Specific tasks that should be accomplished by the 208 Management Agency in the first year are attached and broken into two segments. One is the Management portion which should be performed by the Planning Depart- ment, and the second are certain regulatory functions that should be accommodated in the Health Department. 2. The Health Department task, it was agreed upon, could be done at the current level with current staff, since many of the tasks are being performed by the Health Department at this time. It is recommended however, that if additional support is required in the area of solid waste management that the funding source come on an individual basis from the solid waste fund that was created from the 5% surcharge on all landfill sites in Weld County. When the surcharge was implemented, it was with the concept that the funds would be used to defray costs associated with the sites in Weld County. Thus, this is an appropriate use of this resource. 3. It is staff's recommendation that the overall management functions of the 208 Management Agency be performed by a senior planner called a Program Coordinator, located under the Director of Planning. The priori- ties for this position in the first year should be as follows: a. To develop extensive staff recommendations concerning future tasks, methods of sharing cost, funding mechanisms, and overall program development as the 208 management function begins to focus as it is implemented in the first year. b. The compilation of intergovernmental agreements between the County and other management agencies and operational agencies in the County (approximately 30 agreements) . c. The development of land use and facility plans for the town. d. Coordinate facility planning with the use of consultant resources. e. Development of the circuit rider concept for operating agencies in the County that would share in the cost but provide proper support to operating agencies so that they would not have to rely on the 208 Management Agency. 4. Based upon the staff review, it is proposed that a program budget of $26,374 be requested in the 1980 budget. In summary, the budget would include 1 program coordinator as originally proposed, would eliminate the need for a sanitation engineer, but would call for the use of consulting services in the amount of $7,500; secretarial support would be absorbed with the existing staff or considering the word processing pool concept in Weld County; mileage and travel would be absorbed in the Planning budget in 1980; and approximately $1,000 would be incorporated into the Planning budget for miscellaneous expenses associated with this program. It is further recommended that of the $7,500 for consult- ing services that there be placed an administrative freeze on these funds and that they would only be used on a case by case basis with Board ap- proval. Anytime consultants are used, the Board should scrutinize for what purpose, and also should explore whether or not operating agencies should share in the cost of the services to be provided. It is quite possible that if the consultants are needed for facility planning, that the entire cost should be paid by the operating agency and not by the Management Agency at all. 5. It is recommended that the first year cost of the 208 Management Agency be accommodated as follows: a. The 208 Management Agency function should be viewed as part of the overall planning function in Weld County. b. The concept of the planning and building inspection functions in the County being paid in full by planning and building permit fees should be adopted by your Board in light of the fact that the uni- form building code calls for a major update of fees throughout the nation which should provide enough financial support to support both budgets in their entirety in 1980 and beyond. c. If the 208 Management function is considered part of planning, the overall cost of this program would be absorbed within the revenue limits of the planning and building inspection fees generated in Weld County. d. Costs directly attributed to facility planning or to a specific operating agency, should be paid for by direct fee by the operating agency and not by the Management Agency or Weld County. e. The program coordinator, in the course of compiling the inter- governmental contracts, should make every effort to explore the concept of cost sharing with other operating and management agencies and the intergovernmental agreement should specify that any costs that can be directly attributed to the operating agency because of planning or facility planning should be borne by the operating or other management agencies. 6. It is staff recommendation that the 208 Management Agency program be viewed as a new program in the overall priority scheme of the 1980 budget process. It should be prioritized within the planning and building in- spection budgets submitted by the Director of Planning, and during the budget hearings should be considered in conjunction with priorities of other existing and new programs to be funded by the 1980 budget. 7. It is the staff's recommendation that in the exploration of the County's involvement in the 208 Management function, that to rely upon the con- cept that the State would assume this function is truly not a viable alternative in that it does not appear as though the State will have the staff and organization to properly provide this service to Weld County. Funding and placing the 208 Management Agency within Weld County would have the following benefits: a. County land use efforts would become more effective. b. It would move more communities within Weld County towards more land use planning. c. It would provide more control over industries within the County. d. If the control would revert back to the State, the County could be adversely impacted. e. The County would have more input in the development of State regula- tions for such matters as clean water requirements and stream clas- sification. f. It would allow Weld County to better respond to such pressures as the location of a water treatment plant in Weld County from a City such as Northglenn. It is recommended that the Board adopt the above staff recommendations concern- ing the 208 Management function in Weld County. The proposed recommendation is viewed as being a very cautious and conservative approach, but yet one that will allow Weld County to be in a position to properly respond to the 208 program and also insure that the interests of the citizens of Weld County are protected in the overall management of water resouces that are critical to this area. If you have questions concerning any of the above, please do not hesitate to contact me. During the early warning budget sessions, this topic has been placed on the agenda under the planning department. cc: Gary Fortner Phil Armstrong John Hall Dr. Charles Juels • TASKS I . Management Municipal Waste Treatment Implementation Plan Task 9 : Conduct detailed facility planning, as appropriate, for areas experiencing degraded ground or surface water quality or public health nuisance due to : o Inadequate sewage treatment capacity (including sludge disposal or recovery) and o Failing septic systems . Facility planning areas are defined in Figure 6. 1 .1.A. Task 10: Implement, as appropriate, subregional operation and maintenance programs on a cost sharing basis . (See Interim WOMP Report #6, Section 10. 0. ) Task 11 : Notify in writing Areawide Planning Agency in the event of the following actions : 1. Intent to seek funding assistance (from any source) to construct or expand waste treatment facilities : 2 . Violation of an NPDES Permit Condition; and 3 . Intent to expand or amend existing sewer service area. Task 13 : Insure coordination of sewer service areas and treatment capacity with land use decisions and plans.. II. Management Urban Stormwater Task 27 : Define boundaries of urban stormwater management areas for Fort Collins , Loveland, Greeley and Estes Park. Assess areas of rural development and deter- mine areas of critical stormwater management pro- blems for which control plans can be developed. III. Management Implementation Plan for Irrigated Agriculture Task 49 : Establish an agricultural advisory committee. IV. Management Non-Irrigated Agriculture Task 53 : Establish an agricultural advisory committee. V. General Administrative Tasks Task 58 : Enter into intergovernmental contracts , as appro- priate, with operations agencies . HEALTH DEPARTMENT I . Municipal Task 16 : Enforce NPDES permit conditions . Task 17 : Enforce qualified operator certfication. II. Industrial Task 22: Enforce NPDES Permit Conditions . III. Leachfields and Lagoons Task 39: Submit the following information to the Areawide Planning Agency: o Inventory of area for which failing septic tank systems are documented to cause ground/ surface water contamination which could result in public health problems; o Inventory of areas for which failing septic tank systems are suspected to cause signifi- cant ground or surface water contamination; o Data and information to support above inventories including : a. Location map; b. Frequency of maintenance; c. Number of septic systems; d. Estimated age of septic systems ; e. Type of system (i. e. , engineered or standard) ; f. Water quality and/or epidemiological data; g. Number and frequency of complaints ; h. Number of septic tank approvals processed each year for the past five years ; i. Statement of adequacy of resources (budget , staff, equipment) to review septic system requests . Task 40: Enforce septic tank regulations . IV. Solid and Hazardous Waste Task 44 : Reporting Requirements : The County Health Department will provide the following information to the Area- wide Planning Agency on a timely basis : 1 . Hazardous substance spills ; Page 2 2. Plans for construction of sanitary land fills and public and private dumps ; 3. Complaints regarding the operation of land fills and dumps . Task 46 : Enforce NPDES Permits. -ti Page 2 Task 59 : Enter into intergovernmental contracts with management agencies regarding area of domain within management area boundaries for qualified incorporated communities . Task 60: Establish, as appropriate, citizen advisory committees or other means of public input to carry out technical tasks defined below. Task 61 : Designate, as appropriate, an individual (s) to represent implementing agency in coordinating technical tasks conducted by the Areawide. Planning Agency. Hello