| 8/6/2009 12:17:00 PM | Email this article • Print this article | Nestlé deliberations continue
by Jennifer Denevan
Mail Staff Writer
Despite requests to set aside deliberation Wednesday, Chaffee County Commissioners unanimously agreed to continue with the Nestlé application process.
Forty-seven conditions on the 1041 permit application filed by Nestlé North American Waters were reviewed by board members Wednesday.
Commissioner Tim Glenn said he felt the county has given Nestle plenty of time to review the conditions formed, in part, using public comment and that portion of the process is closed.
Board members indicated they wanted to continue movement and review stipulations individually, ensuring they all understand what is meant and the language is what they want.
Barbara Green, county 1041 special legal council, said there are different types of conditions - one of which is to hold Nestlé to promises the company has already made.
After discussion Wednesday, commissioners set the next deliberation meeting for 9 a.m. Aug. 19.
Earlier, Bruce Lauerman of Nestlé requested the hearing Wednesday be postponed. He said the conditions document was received Sunday and officials wanted more review time.
County officials earlier set Aug. 16 as the date Nestlé would receive county conditions.
Instead of deliberations Wednesday, Lauerman said company officials wanted to use the day to talk with county personnel in depth about the conditions. He requested postponing deliberation.
John Graham of Chaffee Citizens for Sustainability said group members believe "the 12 page conditions document and two page mitigation plan need to be handled with as much thought and care as the original application."
The conditions, he said, shouldn't be treated as separate from the application.
Green reminded commissioners they can receive comments about conditions without reopening public hearings. People could call county engineer Don Reimer or county attorney Jenny Davis to offer comment.
Comments would go to staff members, not commissioners for consideration and would focus on document language.
The 47 conditions reviewed Wednesday were within categories including general, water and wildlife habitat; access, easements and exception, construction, economy, project water supply, water rights, augmentation, traffic and air quality and mitigation fund.
Jim Culichia of Felt, Monson and Culichia, LLC., discussed water rights and supply conditions with commissioners. He drafted those conditions and serves as water counsel to Chaffee County.
Some conditions, such as the mitigation fund, were rephrased to reflect what commissioners want to accomplish with the conditions.
Green noted having two funds might be a possibility to solve mitigation issues. One fund could be for on-going expenses, she said, and the second would be for unexpected expenses including litigation.
County staff members and legal counsel personnel will continue fine tuning conditions and commissioners will review them again during the Aug. 19 meeting.
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