Minutes for 09/26/05

Date Approved______________
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MINUTES BOARD OF COUNTY COMMISSIONERS
September 26, 2005 Rio Blanco County
The Board met at 9:30am in regular session in Meeker. Chairman Forrest Nelson, Commissioner Kim Cook, Commissioner Ken Parsons, and Clerk to the Board Nancy R. Amick were present for the meeting.

BOARD OF COUNTY COMMISSIONERS

DELETIONS OR ADDITIONS TO THE AGENDA: Approval of the minutes was deleted from the agenda, and a signature for the Wildfire Plan Contract was added to the agenda.

WILDFIRE PLAN CONTRACT

The Wildfire Plan Contract was presented for the signature of Chairman Forrest Nelson. A copy of the contract is attached as an exhibit to these minutes.

BID OPENINGS – FLEET MANAGEMENT - TWO 6X4 TRACTOR/DUMP

Dave Overton presented the bids as follows:

TransWest Trucks of Grand Junction and Brighton. TransWest Trucks bid two separate trucks. Both are Sterling, Model LT9500s. The first was bid at $97,450 and the second truck, snow plow equipped, at $108,725. The Allison transmission option is an additional $9,500 per each truck. Trade Value is $8,000/each for the two trucks.

Western Colorado Truck Center. Western Colorado Truck Center bid two trucks both are 2007 Mack Granites. The first priced at $102,545 and the second with the snow plow equipment at $115,755. The Allison transmission option is $11,500 for each. A second bid proposal was submitted for two 2007 Mack Granites same equipment as above for $107,110 and $118,996 respectively; the difference being different body companies. The third proposal for the first truck is $107,580 and $117,483 for the second truck respectively. The fourth proposal is for $108,245 for the first truck and $121,219 for the second truck. The fifth proposal for $113,520 for the first truck and $124,733 for the second truck respectively. Trade Value is $12,000 on the first truck and $10,000 for the second truck.

Hansen International. Hansen International bid a 2006 International 7600 truck for $104,375 for first truck and $115,845 for the second truck. The Allison transmission option is $3,750. Another option, a different model is a 2006 International 5500I priced at $108,034 and the second one is $118,719 with the $3,750 for the Allison option. Trade values are $3,000 and $6,500 for the trucks.

Dave will return with his recommendation at the next Commissioners meeting on October 10th.

CLERK & RECORDER – NANCY AMICK - GPMCK LLC DBA: GARY’S SMOKEHOUSE

Nancy Amick, County Clerk & Recorder, presented the GPMCK LLC application for a hotel and restaurant liquor license. Gary McKinney, sole partner of GPMCK LLC, was present to answer questions. The application is a new liquor license location in the county on property located near the intersection of Hwy 13 & 64. McKinney has submitted all required paperwork and fingerprints to CBI. An initial CBI background check results was clear of reportable records. The state office has performed a concurrent review of the license and is satisfied with the documentation submitted. Commissioner Kim Cook moved to approve the Hotel and Restaurant Liquor License for GPMCK LLC, dba: Gary’s Smokehouse Restaurant, contingent upon results of the fingerprint investigation. Commissioner Ken Parsons seconded the motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

ROAD & BRIDGE – Scott Nielsen

Scott Nielsen reported on Meeker Road & Bridge activities. He noted that the department continues the process of cleaning up flash floods on County Rd. #5 and County Rd. #3. In preparation for winter, crews are blading gravel roads and mowing road shoulders in high wind areas to reduce drifting of snow.

A call concerning deep ruts on County Rd. #52 will be investigated. Nielsen explained that the area in question is past the end of county road maintenance and is the responsibility of the Forest Service. Although the county has an agreement with the Forest Service to maintain some of their roads, on some roads, the Forest Service has asked the county not to do anymore than is absolutely necessary on their property.

KENT WALTER – BLM

Kent Walter, BLM Regional Director, reported that construction on the Entrega Pipeline should begin September 28th if approvals are in order. Kent will notify the Board if this varies.




Rio Blanco County Commissioners Minutes – September 26, 2005 – Page 2 of 4

The protest period ends October 1st for the West Douglas Herd area. The BLM will respond to any protests and deliver a final decision by mid-November. If the final decision is to remove the horses, it will be accomplished with a gather plan this fiscal year.

Sally Weisley, new state BLM Director, will be in the office the week of October 11th.

Crews are breaking ground on the new BLM & Forest Service building. Drainage problems were anticipated and are being addressed. In two weeks, a meeting will be set with the contracting representative to review the final design and set a schedule for the move-in date.

Nineteen applications for oil shale development were received nationwide this year. Ten were for Rio Blanco County. A national oil shale task force has been formed to develop evaluation criteria for the lease nominations and to appoint a local team for each state. Kent Walter will be a member of the Colorado team.

The BLM is beginning a plan for future development of oil and gas wells in the Piceance Basin. The office is evaluating the oil and gas industry’s expectations on the level of development in that area for the next 20 years, possibly as high as 13,000 – 15,000 gas wells. The current Resource Management Plan monitors 1,100 gas wells in the field office area, 800 south of the Rangely area. The south Rangely area has approximately 55 field wells developed per year. The BLM will determine an appropriate number of wells in relation to the industry’s needs. A significant increase is anticipated with the next two to three years.

An environmental impact statement (EIS) will be needed to amend the BLM Resource Management Plan to accommodate reasonable development. The area involved is land west of Hwy 13, east of Hwy 139, south of Hwy 64 and to the southern boundary of the BLM field office area. A two-three year window provides allowance within the RMP for the current development. The oil and gas industry is willing to fund the EIS, anticipated to begin in March 2006.

Due to the tight sands and topography in the Piceance area, multiple well pads will be necessary. Most APDs (Application for Permits to Drill) are for multiple well pads. The geology on the west side of Hwy 139 differs and will not require as many well pads. The BLM’s primary goal is responsible energy development.

An ExxonMobil application has been received for a new gas plant, including three evaporation ponds, several miles of pipeline, and 120 well pads with up to 9 wells per pad for a total of over 1,000 wells in the Black Sulphur area. Exxon has also submitted an application for their new Freedom Unit adjacent to their Piceance site. Fifteen thousand wells within the next twenty years is a reasonable estimate. Within the next three years, the office will process over 500 APDs per year.

The field office has requested three new positions to address the workload, two natural resource specialists and one range management specialist. A petroleum engineer vacancy needs to be filled, and the office anticipates hiring another petroleum engineer. Eight new permanent employees will be hired when the new building is complete, and funding has been requested for a GIS project manager for the Piceance oil and gas activities.

The BLM invited the Commissioners to an informational breakfast meeting on October 4th, followed by a field tour on October 5th. The tour will include congressional staff members.

All of the experimental oil shale applications in Colorado are in Rio Blanco County. Specific information from the BLM may be released to the Board upon request. The applications are specific as to the proposed technology. It is all speculative, but industry is reviewing any procedure that seems technically viable. Applications for private land are handled differently.

Walter noted that there are three rich oil shale zones detected in Rio Blanco County. The industry is looking at the thickness of these lakes and the drilling depth needed.

Riata has placed eighteen wells on a single eight-acre pad. Kent noted that, the more wells per pad, the larger the pad needs to be. Although this results in larger pads and specific problems such as drainage, it concentrates the well locations and impacts.

Chairman Nelson thanked Kent concerning the cooperation received by the county from the local BLM staff on development issues.

PUBLIC COMMENT

Due to the anticipated energy impact in northwest Colorado, the Board is considering hiring a second county planner to help with the increase workload.

December is the deadline for completion of the report to the state director for ExxonMobil’s use tax challenge. If the ruling is against the county, the Board may proceed with a court action.

Several counties are developing ways to increase funding to help with the oil industry impacts. La Plata County has developed an agreement on depth fees to mitigate road impacts, and the county is trying to determine the best method for the area. Several counties are involved in legal battles over this issue.

If Referendums C & D do not pass in November, the state will likely shift duties and expenses to the counties. A public meeting will be held tomorrow, September 27th, in Rangely to discuss the issue.

Rio Blanco County Commissioners Minutes – September 26, 2005 – Page 3 of 4

COUNTY COMMISSIONER UPDATES

Commissioner Kim Cook reported that a letter has been received from Dondi Glasscock notifying the Board of receipt of a BAG (Build A Generation) grant for operating expenses. Commissioner Cook attended a Yampa Valley Land Trust meeting in Rangely with other Board members.

Commissioner Parsons has spent significant time on GIS issues. A bid for the parcel map will be on the October 10th agenda. The Road & Bridge Department has requested some additional maps, and the Clerk & Recorder is in need of signage for the November election.

Commissioner Nelson attended a Forest Service meeting on Friday, September 23rd. The County Rd. # 8 project is progressing well, and it is anticipated to be completed this fall. Magchloride will be applied next spring if the weather does not hold to allow application this fall.

PLANNING DEPARTMENT HEARINGS - REZONINGS & MINOR SUBDIVISION

Rezoning #05-15 - Meyers/Cox. The application from Michelle Meyers and Jerry Cox is to rezone a 24-acre parcel in Strawberry Patch from Agricultural to Rural Residential to allow construction of a single family house. The parcel is Lot 2 in the McKnight Minor Subdivision on County Rd. #7. Access to the property is via an easement, and line power is available at the property boundary along the western side of the property. A pre-construction agreement with the Building Department has been signed with standard stipulations. A modular purchased by the couple has been placed on hold until issuance of the building permit.

Concern has been expressed on the suitability of standard septic systems for the soil conditions, but a good alternative is not planned for the location to-date. A hand-sketched map submitted shows the water system lower than the septic system. Neumann noted that this would likely change, and he would prefer more detail before a building permit is approved.

Commissioner Cook questioned concerning the septic system, and Mike noted that the Building Department requirements must be met. Chairman Nelson noted that the Board is not creating a new parcel, and is simply changing the existing zoning. He suggested placing a condition on the rezoning to state that if a home is not built within a certain period of time, the property would revert to AG.

Commissioner Kim Cook moved to approve Rezoning #05-15 for Meyers/Cox, 25 acres from AG to RR in Strawberry Patch, contingent upon a house being placed on the property within a one year time period. If not, the zoning will revert to AG. Commissioner Ken Parsons seconded the motion. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

Rezoning #05-16 - Claude & Margaret Wood. Mike Neumann stated that the 35-acre parcel located in the Little Beaver Estates must be rezoned from Agricultural to Rural Residential to conform with zoning requirements and proceed with building a home. The site is part of a 21-parcel subdivision. There is a good private road access as well as all utilities to the lots. Potable water will be hauled.

The Planning Commission recommended approval with two standard conditions: construction waste should be properly disposed and the septic system foundation plans must be reviewed and approved by the Building Department.

Commissioner Kim Cook moved to approve Rezoning of #05-16 for Claude and Margaret Wood for a 35-acre parcel from AG to RR in the Little Beaver Estates. Commissioner Ken Parsons seconded the motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

Rezoning #05-18 - Dean Hubbell. Dean Hubbell has started construction on a house in Warner Point Subdivision Filing #1, Lot 4, located approximately twelve miles up County Rd. #8 on the south side of the White River. The site has an established access road, overhead power and telephone lines, and a well. Due to the location and proximity of the White River, an engineered ISDS (Individual Sewage Disposal System) was reviewed and approved by the Building Department. The density and use of the site is compatible with adjoining lots. The Planning Commission recommended approval of the rezoning from Agricultural to Rural Residential with two conditions as listed on the application review.

Commissioner Ken Parsons moved to approve Rezoning #05-18 for Dean Hubbell from AG to RR. Commissioner Kim Cook seconded. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye.

Rezoning #05-19 – Bruce & Inge Bair. The 60-acre parcel on Flag Creek on the north side of Baseline Road needs to be rezoned to Rural Residential. A single family home is currently under construction, and Bairs have signed a pre-approval construction agreement. The site has an existing well, access, and line power. A new septic system will be installed. The Planning Commission has recommended approval unanimously with the standard conditions for septic system, foundations, and building debris.

Commissioner Cook moved to approve Rezoning #05-19 for Bruce and Inge Bair from AG to RR. Commissioner Parsons seconded. Roll call vote: Parsons-Aye, Nelson-Aye, Cook-Aye.





Rio Blanco County Commissioners Minutes – September 26, 2005 – Page 4 of 4

Rezoning #05-20 & Minor Subdivision #05-11 - Johnnie & Virginia Barton. The Bartons are requesting approval to subdivide a 40-acre parcel in Strawberry Patch into two 20-acre parcels and rezone both to Rural Residential. An existing house is located on Lot #2, and Lot
#1 is vacant land. The density would be compatible with the surrounding property owners and type of development.

The Planning Commission recommended approval of the subdivision and rezoning of Lot #2 with the existing house, but withheld approval of the rezoning of Lot #1 until such time as a building permit application for that lot is submitted. In addition, the Planning Commission placed a condition on the approval that the final plat not be accepted until the trash on Lot #1 is properly removed and disposed. Mr. Barton is in the process of clearing Lot #1 at this time.

The existing house on Lot #2 has a septic system, well, and line power. Power is available to Lot #1, but a well and standard septic system would need to be installed.

Commissioner Ken Parsons moved to approve Minor Subdivision #05-11 of the 40-acre parcel for Johnnie and Virginia Barton to two 20-acre parcels and the subsequent Rezoning of #05-20 of Lot #2 from AG to RR. Commissioner Kim Cook seconded motion. Roll call vote: Nelson-Aye, Cook-Aye, Parsons-Aye.

CCITF AWARDS

Commissioner Parsons moved to make the following CCITF Awards for 2005 as follows:

Rangely Rural Fire Protection District $15,000
Rio Blanco Water Conservancy District $ 5,000
Rangely Jr. College $14,000
Western RB Metro Rec & Park District. $18,000
Rangely Regional Library $ 0
Rangely District Hospital $90,000
Rangely Public Schools RE-4 $27,000 &
$ 9,922
Town of Rangely $25,000
Meeker Cemetery District $10,000
Rio Blanco Fire Protection District. $30,000
Pioneers Hospital $30,400
Town of Meeker $20,000
RE-1 School District $80,000
Eastern RBM Rec & Park District $25,000

Total $399,322

Commissioner Kim Cook seconded the motion. Roll call vote: Cook-Aye, Parsons-Aye, Nelson-Aye. A table with the entity listing and project description is attached as an exhibit to these minutes.

With no further business to come before the Board, the meeting was recessed.

Attest:



________________________________ ___________________________________
Nancy R. Amick, Clerk to the Board Forrest Nelson, Chairman of the Board