HomeMy WebLinkAbout20082117.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 4, 2008
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, August 4, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher- EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Garcia moved to approve the minutes of the Board of County Commissioners
meeting of July 30, 2008, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinance #2008-10 by tape.
Commissioner Garcia seconded the motion, which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on July 29, and 31, 2008, as follows: 1) Board of Equalization. Commissioner Long seconded
the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Long moved to approve the consent agenda as printed.
Commissioner Garcia seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2008-2117
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WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $668,165.69
Commissioner Long moved to approve the warrants as presented by Mr. Warden. Commissioner Garcia
seconded the motion, which carried unanimously.
BIDS:
PRESENT CONCRETE MAINTENANCE AND REPAIR BID - DEPARTMENT OF PUBLIC WORKS:
Mr. Warden read the names of the seven vendors who submitted a bid into the record. Said bid will be
considered for approval on August 18, 2008.
NEW BUSINESS:
CONSIDER 12 CHILD PROTECTION AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS
AND AUTHORIZE CHAIR TO SIGN: Judy Griego, Director, Department of Human Services, stated the
agreements are for a period of June 1, 2008, through May 31, 2009, and she provided the names of the
providers, the types of services provided, and the maximum reimbursement amounts for the record. She
indicated the funding for these agreements are provided through Core Services, except for the agreement
with Compliance Administrative Services, LLC, which is funded through Child Welfare Administration.
Commissioner Long moved to approve said agreements and authorize the Chair to sign. Seconded by
Commissioner Garcia, the motion carried unanimously.
CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO
SIGN -THE FORT 21, LTD, DBA THE FORT 21: Bruce Barker, County Attorney, stated Deputy Ornelas
completed an inspection of the facility,and reviewed the incidents identified on the call logs; however,there
were no reports filed. In response to Commissioner Garcia, Michael Ornelas, Sheriff's Office, stated the
incidents happened over a year ago, and upon review of the reports from the call log, the calls were
unfounded, and reports were not filed, therefore, he does not know the extent of the calls. He confirmed,
to the best of his knowledge, there have been no liquor violations at the establishment, and he
recommended approval. Commissioner Garcia moved to approve said renewal application and authorize
the Chair to sign. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE AND SPECIAL WARRANTY
DEED AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS-R.V. BORCHERT TRUST, C/O
R. V. BORCHERT, TRUSTEE: Stephanie Arries, Assistant Weld County Attorney, stated the County has
been working towards this contract for approximately two years. She stated the property was taken over
by the County and cleaned up; however, the title company did not allow the sale of the property until the
proper notification was provided to any potential heirs of the previous owner. She clarified it took over a
year to research the matter and provide adequate notification, and now the County is able to transfer
the title of property to the bidder who purchased the property over two years ago. In response to Chair
Pro-Tem Masden, Ms. Arries confirmed the property was acquired by the County through a drug raid.
Commissioner Garcia moved to approve said contract and warranty deed and to authorize the Chair to sign
any necessary documents. Seconded by Commissioner Long, the motion carried unanimously.
CONSIDER APPOINTMENT TO BOARD OF RETIREMENT: Commissioner Long moved to appoint
William Hedburg to the Board of Retirement, to replace Tim Normandin, with a term to expire July 31,
2012. Seconded by Commissioner Garcia, the motion carried unanimously.
Minutes, August 4, 2008 2008-2117
Page 2 BC0016
FIRST READING OF WELD COUNTY CODE ORDINANCE#2008-10, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD
COUNTY CODE: Mr. Barker stated the creation of Section 5-5-250,will require the County to comply with
Payment Card Industry Data Security Standard, Version 1.1 or subsequent. He indicated Barb Connolly,
Controller, requested the additional language, and the purpose of the language is to provide for the
necessary securities and fire walls in place when transmitting tax payments, etcetera. He confirmed the
security standard is used throughout the industry, therefore, he recommended approval. No public
testimony was provided concerning the matter. Commissioner Long moved to approve the first reading
of Ordinance #2008-10. Seconded by Commissioner Garcia, the motion carried unanimously.
HEALTH NEW BUSINESS:
CONSIDER AUTHORIZING COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST
HASBROUCK HOLDINGS, LLC/DOUBLE J MEAT PACKING, FOR VIOLATIONS OF THE WELD
COUNTY CODE: Ann Siron, Department of Planning Services, stated the property is located near the
Town of Ault, south of County Road 92, and east of County Road 43. She stated notice of today's hearing
was sent by certified mail on July 17, 2008,and was received back signed on July 25, 2008. She indicated
Jay Hasbrouck submitted a Use by Special Review (USR) Permit application for a Solid Waste Disposal
Facility on June 24, 2008, and the Department of Public Health and Environment began receiving
complaints on June 27, 2008, regarding blood being poured over windrow piles of wood waste on the
property. Ms. Siron displayed photographs taken during a site inspection on June 27, 2008, and indicated
the Department of Planning Services normally does not request that a site cease operations prior to the
approval of the permit; however, due to the immediate health, safety, and welfare concerns, staff has
requested that the blood-soaked piles be removed, as well as a large pile of concrete and wood located
on the property. She further displayed additional photographs taken by the Colorado Department of Public
Health and Environment during a site inspection on July 23, 2008, which indicated some of the piles had
been removed; however,additional debris was found at the site. She clarified the Departments of Planning
Services and Public Health and Environment are requesting that the piles be removed from the site until
the permit application is approved, and that the case be referred to the County Attorney's Office for
immediate legal action.
Troy Swain, Department of Public Health and Environment, stated the site has been operating as a Solid
Waste Disposal Facility without the proper Certificate of Designation, which is in'violation of the Solid
Waste Disposal Sites and Facilities Act(SWDSFA). He indicated blood waste is being disposed of at the
property, on top of wood chips, which creates a high potential for nuisance conditions, including flies and
odors, which have been observed on the site. He further indicated the application of blood waste on the
wood chips has ceased at the site, which has mitigated the nuisance conditions, some of the windrows
have been consolidated, and the final windrow containing blood wastes has been covered. He clarified
it was determined at the inspection on July 31, 2008, that no immediate nuisance conditions exist. He
clarified the Department believes the windrows on the site,with or without the blood waste, constitutes an
ongoing violation, therefore, the Department is requesting that the materials be removed and properly
disposed of. In response to Commissioner Long, Mr. Swain confirmed staff contacted the applicant by
telephone to request that the windrows with blood wastes be covered immediately, and a letter was sent
on June 30, 2008, requesting that the property owner cease the activities on the site. He indicated July 12,
2008, was the last day that blood was disposed of at the property; however, the letter from staff was
received prior to that date. He stated staff met with Toy Archer of Double J Meat Packing on July 15,2008,
and he agreed no more blood would be disposed of upon the property. He further stated staff discussed
the need to dispose of the wood wastes as well. Commissioner Long clarified that the property owner
received the letter requesting cessation of the activities on the site; however, another disposal of blood
wastes occurred after receipt of the letter. Mr. Swain indicated he believes Commissioner Long is correct.
Further responding to Commissioner Long, Ms. Siron indicated the trailer located on the site within the
photographs was moved onto the site to be utilized as an office building; however, building permits have
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Page 3 BC0016
not yet been obtained for the trailer, therefore,the violation process has been initiated, and Mr. Hasbrouck
is aware that building permits are necessary for the trailer. Ms. Siron further reiterated the property owner
has applied for a USR permit; however, the trailer has been moved onto the site prior to consideration of
the permit. In response to Commissioner Garcia, Mr. Swain stated the local governing authority must give
approval for the disposal activities on the site; however, before approval may be granted,a technical review
of the design and operations must be approved by the State. He clarified the Design and Operation Plan
has been submitted to the State; however, it has not yet been approved. Further responding to
Commissioner Garcia, Mr. Swain clarified during his first inspection, the site contained five or six windrows
which were approximately 400 meters in length, the tops of the windrows were cut open,and blood wastes
had been poured upon the windrows to soak into the wood chips. He indicated the State has provided a
Compliance Advisory, indicating agreement that the wood wastes on the site constitute an on-going
violation, of which he provided a copy for the record, marked Exhibit A. He stated the site is in violation
due to the generator disposal, the acceptance of the material, and the placement of the material on the
site. He clarified the operator has agreed to not bring any more blood waste to the site, nor will any type
of waste be accepted at the facility; however, some of the material remains on the site. He indicated the
operator's consultant submitted a Nuisance Control Plan, and the Department recommends that the Plan
be followed until the remaining material is removed from the site, or, until the facility is properly permitted.
Responding to Chair Pro-Tem Masden, Mr.Swain reiterated the property is owned by Hasbrouck Holdings,
LLC. In response to Commissioner Long, Mr. Swain clarified the operator, Double J Meat Packing, has
a previous compliance history, and copies of letters relating to two previous incidents have been made a
part of the record. He further clarified the first incident was in regards to the operator dumping blood mixed
with manure on a lot leased from the City of Thornton. He indicated the Department had concerns with
contamination of runoff at the site, and the operator agreed to cease dumping activities. He stated the
second incident was in regards to the operator dumping blood within excavated land owned by the City of
Thornton. He indicated the Department provided oversight for the cleanup of the site. Responding to
Chair Pro-Tem Masden, Mr. Swain stated staff worked with representatives of the City of Thornton, which
were present during the cleanup of the site. He clarified the liquid was pumped from the site, the stained
soils were removed from the site, and the State did not request a formal corrective action plan, therefore,
staff was satisfied with the cleanup procedure.
Tom Haren, AGPROfessionals, represented Double J Meat Packing and indicated staff has reviewed the
chronology of the violation process; however, he desires to review additional chronology. He stated a
complaint was filed in February, 2008, regarding land application on the site, and there is no permit
required for land application; however,the proper bio-resource form was filed and the case was closed one
week later. He further stated during the past winter, the operator contacted the Department regarding an
application for a pilot project, and to make a request to be able to apply blood to be absorbed into wood
chips during times that land application is not appropriate, including during periods of snow-covered
ground. He indicated the Department advised the operator that he did not qualify for a pilot project, since
the use was not new or unique, and he was advised that it was permissible to apply the blood to the wood
chips; however, the operator admits that no documentation of this conversation exists. He indicated it was
inaccurate for the County to indicate that the operator did not qualify for a pilot project since a project does
not have to be new or unique to qualify. He clarified the operator has been applying blood to the wood
chips as a supplement to the land application process under the knowledge and advisement of County staff
since February, 2008. Mr. Haren indicated six months of land application were completed before a
complaint was received on June 27, 2008. He clarified after the inspection on June 27, 2008, the
Department advised the operator to cover the blood after application daily, therefore,the operator believes
the recommendation inferred the action was permissible. He stated the Department requested that the
operator address any nuisance conditions at the site, consolidate the piles of wood, and he clarified that
as soon as the complaint letter was received from the Department, the activity of dumping blood stopped.
He indicated he has completed a personal inspection of the site, and he indicated weeds and mushrooms
were growing along with the material on the site. He further indicated the complaint briefly noted that an
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Page 4 BC0016
odor and fly nuisance was present at the site; however, the complaint did not contain any description of
the intensity or degree of the nuisance. He clarified nuisance conditions shall not exist at, or beyond the
property's boundary; however, there is no indication that the nuisance conditions were measured at the
property line, rather, they were evaluated from in between the windrows.
Mr. Haren indicated the operator arranged to meet with the surrounding property owners,within a two-mile
radius, to discuss the activities at the site, and the discussions during the meeting centered on the
upcoming hearing for the USR permit. He clarified the neighbors did not bring up any discussion regarding
the activities currently occurring at the site, and the operator informed several of the neighbors of today's
hearing date regarding the issue of dumping blood on the property. He stated it may be a coincidence that
complaints of the nuisance conditions did not begin until after the surrounding property owners were
notified of the upcoming hearing for the USR permit. He reiterated the operator believed the activities
occurring on the site were allowed, and further, has applied for the most stringent classification of facility
available. He indicated he does not agree with staff regarding the status of the materials located on the
site, and he clarified the term "solid waste" is a generic term for all waste. He reviewed several section
references within the SWDSFA, and indicated specific provisions take precedence of general provisions,
which leads to many different definitions for"waste" and "materials". He clarified it is not inaccurate to
classify the blood waste as a solid waste; however, it is not completely accurate either. He read the
definition of"animal material" into the record, and indicated animal blood is not classified as a bio-hazard,
nor a Class One material, rather, it is classified as a Class Two material which may be composted through
a Class Four permit, which does not require a Certificate of Designation. He further stated animals may
be composted or disposed of through an Agricultural exemption with no permit or oversight from the
Department, and the blood generated is exempt and no different than composted carcasses which also
include various organs. He clarified the blood is an animal material, not a commercial waste, and the wood
chips are not considered as a commercial waste. He read the definitions for "commercial waste" and
"community waste"into the record,and indicated wood waste is the least restrictive of any of the categories
of compost materials. Mr. Haren indicated other items were mixed in with the wood chips, defined as inert
material, since it is not water soluble and will not become putrid, therefore, the operator is not actively
composting the wood piles, since composting is defined as the intentional biological process of degrading
organic material by active manipulation. He indicated the windrows are being utilized by the operator as
a continuation for land application of the blood waste, and when the windrows were pushed together, the
wood and blood wastes were combined. He stated any site for processing, reclaiming, or recycling
materials is not considered to be a solid waste site, therefore, a Certificate of Designation is not required,
and he summarized that practicable alternatives to an existing landfill are utilized because people do not
want to see blood wastes be disposed of in a plastic bag within a landfill. He clarified the use is not entirely
exempt; however, the activity on this site is not distinctly defined since it is not commercial waste.
Mr. Haren submitted information regarding a previous pilot composting project authorized by Weld County,
marked Exhibit B. He stated the previous operator, A-1 Organics, was treating municipal wastes on the
site, no information was provided to the State,a violation was initiated at the site, and there were no permit
applications pending with Weld County. He read a portion of the letter into the record, indicating
A-1 Organics was required to apply for a Certificate of Designation and USR permit within six months of
the written approval of the Design and Operations Plan for the project. He clarified the current operator
applied for a USR permit several months ago, and understands the approval of a pilot project does not
guarantee approval of the permit. He indicated all the previously required provisions of A-1 Organics are
included in the Design and Operation Plan created by the current operator, and submitted to the County
several weeks ago. He stated the operator had requested information regarding the pilot project; however,
the operator was ill-informed regarding the conditions of the project, therefore, the operator has re-applied
for a pilot project. He clarified the County is the governing body to authorize approval, and he is not
proposing that the Board waive State requirements, nor oppose staff recommendations. He clarified the
violation can be corrected with the permission to conduct a pilot project, of which a request for such
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Page 5 BC0016
permission was submitted several weeks ago. He confirmed a supplemental interim Nuisance Control Plan
has also been submitted, and the operator has already applied for a Certificate of Designation,as required
within 90 days of the pilot project completion. He indicated the blood applied on the property is not a
significant difference from composted carcasses, and the operator has believed for the past eight months
that approval was granted for the land application, and the application onto the wood waste. He clarified
staff instructed the operator to mix the two materials, which will create an issue if the material must be
hauled off of the site. He stated the file does not contain evidence that nuisance conditions were evaluated
at the boundary of the property, and he confirmed no additional material has entered the site since the
operator was notified of the violation. He further confirmed no material has been, nor will be distributed
from the site, since the wood waste was designed to be used as an additional supplement for the land
application when snow covered the ground. He clarified the operator has attempted to contact the
surrounding property owners, the required financial assurance has been submitted with the USR permit
application, the pilot project application has been re-submitted, and a detailed plan was produced with the
assistance of Mr. Swain.
Mr. Haren clarified the operator was not trying to begin a composting facility without the proper permits,
rather the wood chips were utilized as an extension of the land application for the blood waste. He stated
a pilot permit will bring the site into compliance, which can be approved within a matter of days, and Weld
County has previously allowed temporary similar activities. He clarified all nuisances have been abated
and only one windrow remains on the site, with no liquid material. He stated the permitting process is not
entirely clear, and he requested the Board direct staff to work with the State to approve the submitted pilot
project request and dismiss the case, or, continue the proceedings until after the outcome of the permitting
process.
In response to Chair Pro-Tem Masden, Mr. Haren confirmed no additional wood chips nor blood matter
have been brought to the site since the operator received the letter from staff. He clarified there has been
activity on the site to eliminate standing water, and to move or eliminate piles to alleviate nuisance
conditions, as necessary, and no material has left the site since distribution of the material requires
permitting and testing. Commissioner Long stated a surrounding property owner indicated that new
material was brought to the site after the letter was received by the operator, which has been verified by
staff. Mr. Haren reiterated when the operator received the notification, no more new materials were
brought to the site. Commissioner Long indicated he was notified that products were delivered to the site
on either July 12, or July 13, 2008, which is a large amount of time after the letter was sent. Mr. Swain
indicated the certified letter was sent on June 30, 2008,which was picked up by Mr.Archer, and the receipt
was received back on July 7, 2008, therefore, the letter was delivered before July 7, 2008. He further
indicated a surrounding property owner provided a voicemail message, indicating blood was dumped on
the property on July 9, 2008, and additional information was received that activities took place again on
July 12, 2008.
Responding to Commissioner Garcia, Mr. Haren stated the site is dryland property,the material is brought
to the site from the operator's feedlot operation, and the operator owns a processing facility in the Town
of Pierce. He clarified the operator has been land applying the blood matter within the region since 2005;
however, due to snow on the ground this past winter, the operator sought out a different way to continue
the land application. Further responding to Commissioner Garcia, Mr. Haren clarified the purpose of
mentioning the animal Agricultural exemption was to provide perspective that blood is merely a component
of an animal carcass, of which a large volume are buried throughout Weld County without any
environmental regulations. He stated approximately 1,000 to 1,200 gallons of blood was being delivered
to the site daily, in one vehicle trip. He indicated the matter does not include wastewater, he gave a brief
description of the harvesting process of the blood, and stated the iron and nutrients in the blood are good
for compost materials, especially for roses. In response to Commissioner Garcia, Mr. Haren confirmed
he is not claiming the Agricultural exemption he referenced for the uses on this property.
Minutes, August 4, 2008 2008-2117
Page 6 BC0016
Responding to Commissioner Long,Trevor Jiricek, Department of Public Health and Environment,clarified
Mr. Haren indicated the land applications completed up to February, 2008, were completed through the
provisions of a guidance document provided by the Department, titled Bioresource Guidelines, approved
in the year 2000. He indicated the document was created to provide oversight regarding liquid wastes,and
he confirmed the operator did submit information regarding the land application procedures. He stated he
is not sure what happened after February, 2008, since the owner of the property alleges that confirmation
was received from a Department staff member, the name of which has never been a Department
employee. He clarified the regulations are issued by the State, which are listed on-line, and if a staff
member did in fact approve the land application on absorbent material during inclement weather, the
inclement weather period usually ends within the months of March or April. He confirmed the operator did
begin land application through the Bioresource Guidelines, which indicates the application is to be
completed at agricultural rates, so that nuisance conditions are not created. In response to Commissioner
Long, Mr. Jiricek indicated incorporation of the material depends on the waste stream, and the material
must be incorporated if it contains the potential for nuisance conditions. He clarified the application of
blood creating a nuisance condition depends upon the amount applied, and the Bioresource Guidelines
indicated application may be made on snow-covered ground as long as runoff is not created.
In response to Mr. Barker, Mr. Jiricek clarified the operator has not applied for a biosolids permit, since the
blood does not qualify as a biosolid. He indicated the nutrient value of the blood may be used beneficially,
if handled correctly. Responding to Commissioner Long, Mr. Jiricek clarified staff believes the uses on the
site constitute a composting operation, and confirmed the applied blood matter has a high potential to
create groundwater issues and nuisance conditions. He indicated staff did not understand the beneficial
application of the blood matter to the wood chips, therefore, it is considered to be a disposal operation,
which constitutes a solid waste disposal facility. He further indicated when he met with the operator's
representatives, it was indicated that a composting operation was occurring on the site; however, during
testimony provided today,the representative is indicating the site is not utilized as a composting operation.
In response to Commissioner Garcia, Mr. Jiricek clarified BOD stands for Biological Oxygen Demand,and
he believes the blood is being land applied because the wastewater treatment plant cannot handle the
blood, due to the organic material. He indicated human waste has a very high BOD, and the blood applied
through land application has a high potential for nuisance conditions. He further clarified organic material
contains a high potential for odors and is attractive to flies. Mr. Swain indicated many of the waste
treatment plants will require pre-treatment before the waste may be accepted, and he have an example
of a local plant which requires a slaughterhouse to pre-treat the discharges due to the high BOD.
Mr. Haren stated there is a lot of speculation with previous representation, and as soon as he became
involved, the application process for a Class One composting permit was started in Spring, 2008, and it
was submitted several weeks ago due to the length of time required to create the document. He stated
in order to not be contradictory to State regulations, the operator is trying to figure out how operations will
be conducted; however,the operations will need to be regulated. He reiterated the violation may be solved
within the interim period through the issuance of a pilot project permit, since all the necessary information
has been submitted, and he requested the Board direct staff to work with the operator in order to gain pilot
project approval. Responding to Commissioner Long, Mr. Haren indicated he is not sure why the operator
was continuing to apply the blood to the wood chips instead of applying the blood to the land and turning
it under.
Jim Reeman represented Dorothy Nelson,a surrounding property owner,and he indicated notice of today's
hearing was never received by Ms. Nelson, nor was provided to him, therefore, he would like to see the
list of names of which the operator indicated he provided the information to. He stated the operator has
been conducting operations at the site without the proper permits, and has been waiting for the County to
catch the mistakes being made, which he believes the County does not have the time to do. He indicated
the property used to be farmable ground, which was farmed by his family, and the soil is only about twelve
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Page 7 BC0016
inches deep, with gravel underneath. He further indicated to the north of the site is an old gravel pit,
previously utilized by the County, and confirmed the ground is very leachable. He stated Owl Creek runs
through the area, and the land on this property leaches to water due to the gravel base. He further stated
animal waste used to be typically spread on a field to sit for a day, and then the ground was disced;
however, animal wastes now have to hauled to a facility in order to comply with necessary health
requirements. He clarified if this operation is later approved, it will create a precedence for other animal
operations to conduct business in the same manner. He confirmed the operator has left blood sitting on
the ground for five or six days at a time, which is dangerous due to the leaching problems, and the sitting
blood has created a horrible smell and excessive flies within the area. He confirmed Ms. Nelson did not
realize these activities were happening right next to her property because she was never contacted. He
stated he does not believe this location is suitable for these types of operations, since the ground is
irrigated and leaches fast. He confirmed Ms. Nelson owns all of the adjoining property to the site, and she
is against the operations at the site. He requested that a copy of the minutes of the meeting be provided
to him, and he provided his contact information. In response to Commissioner Garcia, Mr. Reeman
confirmed Ms. Nelson never received a letter, and currently resides within the State of California.
Jack Reeman,surrounding property owner to the east,stated Mr. Hasbrouck visited with him in December,
2007, and indicated that a facility was going to be utilized at the property, and that the County would
provide contact before operations began. He clarified the very next day, trucks began hauling in material
to the site, and approximately one week later, tanks of blood began arriving at the site. He indicated he
knew the arrivals were happening late at night because his dogs began to bark. He indicated after a week
of deliveries at the site, the trucks began to arrive during the weekend to haul in material. He expressed
his concerns that he was never contacted by the County regarding the operations at the site,and indicated
he attended a Planning Commission hearing in February,2008,to express his concerns,and the members
of the Planning Commission indicated they would research the matter. He stated the day after he
expressed his concerns, staff came to the site to inspect the mobile home, and indicated that a permit was
required. Mr. Reeman indicated he contacted Mr. Hasbrouck in March, 2008, and requested relief from
the dust caused by the trucks, and he has never received a response from Mr. Hasbrouck. He further
indicated he has contacted the Department of Public Health and Environment on several occasions, and
finally he called Commissioner Long to investigate the situation. He stated a representative from the
Department called him back that very evening, and he expressed his complaints to the representative
regarding the smell and the flies. He confirmed that Mr. Swain visited the property the next day, and the
rest of the facts have already been reviewed. He reiterated the operator did not provide any notification
of any of the activities occurring on the site, nor any notification about today's hearing,which was provided
by Mr. Swain. Mr. Reeman stated during the previous visit with Mr. Hasbrouck, a list was referenced,
regarding improvements to be completed if the composting operation is approved; however, none of the
improvements have been completed. He indicated the company is not considerate to its neighbors.
Martha Killion, surrounding property owner to the southwest, stated her animals have been miserable due
to the biting flies in the area, of which she has never had a problem with before this year, and her animals
purposely coat themselves in mud to combat the biting flies. She stated she followed the mobile home
during its delivery to the site on January 20, 2008, she confirmed there is still no permit for the mobile
home, and she understands the mobile home should not have been moved in the first place without a
moving permit. She indicated Mr. Hasbrouck visited her residence on Saturday morning, August 2, 2008,
and provided a map of the site; however, he did not mention today's hearing. She confirmed she was
made aware of today's meeting through a phone call provided by Mr. Swain on Friday night. She indicated
she has seen activity happening on the site; however, she was unaware that composting activities were
taking place on the site. She clarified complaints have not been received regarding the site because most
of the neighbors were not aware of the activities happening at the site. She indicated she believes
notification should not just be provided to surrounding property owners within 500 feet, especially within
rural areas since the surrounding properties are experiencing nuisance conditions due to the flies. She
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Page 8 BC0016
indicated the operator has indicated they thought the activities were permitted; however, the operator
continued activities at the site even after the letter was received. She indicated she is unsure why the
operator believes this material is acceptable to spread on a property, next to residences, but that it is not
acceptable to place the waste within a landfill. Ms. Killion stated the operator's representative indicated
the permit application was filed several months ago; however, the application was submitted on May 21,
2008. She indicated her property is surrounded on three sides by property owned by the City of Thornton,
and confirmed she experiences major dust problems when the lands surrounding her property are plowed.
She expressed her concerns regarding the dust and other particulate leaving the operator's site, which
could be contaminated with blood. She indicated she is working in conjunction with the City of Thornton
to take care of the silt problems on her property. Ms. Killion requested that the pilot project not be
approved, and that the Board give serious consideration to the recommendation of the Department of
Public Health and Environment regarding removal of all material from the site until the proper permits are
approved.
Larry Dill, surrounding property owner, expressed his concerns with the dumping of the blood on the
operator's property. He stated animals and birds are able to get into the blood, and are able to carry
diseases back down to the animals on his property. He indicated leaving the pools of blood out in the open
is not a good idea; however, he does not have problems with the application if the operator were to turn
the dirt under in an appropriate manner so that no disease could be carried off the property. In response
to Chair Pro-Tem Masden, Mr. Dill confirmed he lives a little less than two miles from the operator's
property. He further stated the blood which is dumped on the ground takes quite awhile to completely
absorb into the dirt.
Teddy Reeman, surrounding property owner to the east, confirmed the operator did dump blood on the
morning of July 9,2008, and then again on Saturday morning,July 12, 2008,which is the last time she saw
the truck at the property. She clarified she happened to be working in her yard during these times and was
able to see the truck. In response to Ms. Reeman, Mr. Barker indicated there are different levels of
commercial composting applications, therefore, the use could be considered as commercial; however, it
may not fit into a specific category within the State regulations. Ms. Reeman stated Mr. Hasbrouck
contacted her husband to indicate composting activities would take place on the site, and he indicated at
the time that a contact existed to deliver compost to a location in central Colorado. She indicated she
believes the operations at the site have evolved considerably since the previous conversation with
Mr. Hasbrouck. There being no further testimony, the Chair Pro-Tem closed the public input portion.
Commissioner Long reiterated that staffs request is to require the operator to remove the remaining wood
chips from the site, and the operator's representative has requested that the matter be placed in abeyance
in order to consider a pilot project at the site. He stated both the operator and surrounding property owners
have provided testimony that operations at the site have been completed out of order and not within the
permitting process. He further stated the operations at the site leave questions as to what the intent of the
property is to be utilized for,since the operator is claiming the wood chips were only utilized as a extension
for land application of the blood matter in the winter; however, the wood chips were utilized past the winter
months. He indicated testimony has been provided that the operator did provide applications at the site,
even after the letter requesting the ceasing of operations at the site was received, which leads him to
believe the operator is not being a good neighbor in regards to follow-through with the requested actions.
He stated other applicants requesting a pilot project normally request the project before any operations
have occurred on the site, and since this operator has not followed this method, he is not in support of
granting a pilot project. He indicated he concurs with the staff recommendation, that activities on the site
cease, and that the remaining material be removed from the site until the USR permit process is
completed.
Minutes, August 4, 2008 2008-2117
Page 9 BC0016
Commissioner Garcia stated the operator indicated they believed they were conducting operations at the
site in an appropriate fashion; however,the testimony provided by Mr.Jack Reeman indicated the operator
hauled material to the site at night and on the weekend, and Ms. Reeman provided the information
regarding trucks at the site after the notice was received. He indicated he believes the intent of the
operator was something other than the belief that they had a right to be conducting these operations,
therefore, he supports the request presented by staff.
Chair Pro-Tem Masden expressed his appreciation for the surrounding property owners who provided
testimony. He indicated the operator's representative made some valid points; however, he is disturbed
the by the testimony presented regarding hauling to the site at night, and that the operator did not contact
all of the neighbors, especially neglecting to notify the neighbors of today's hearing. He further expressed
his concerns regarding the operations occurring even after the operator received a letter from the
Department, therefore he concurs with the recommendation of the Department and supports the issuance
of a Cease and Desist Order.
Mr. Barker clarified the Board does not have the authority to issue a Cease and Desist Order, rather, the
Board may delegate authority to the County Attorney's Office to proceed with legal proceedings. Chair
Pro-Tem Masden confirmed the intent of his recommendation is as described by Mr. Barker,with the intent
to pursue immediate legal action. Commissioner Long stated he understands there are gray areas in
regards to classifications of waste; however,within agricultural areas,the appropriate application measures
include incorporating the matter into the soil, to be utilized for the growth of future crops. He indicated the
utilization of wood chips is not common within spring and summer months for agricultural purposes,
therefore, the utilization of the wood chips presents a commercial use, which is not a Use by Right at the
site. He recommended allowing the operator a pre-determined amount of time to remedy the situation,
in regards to removing the wood chips from the site, and if the situation is not completely remedied within
the pre-determined amount of time, that the matter be forwarded to the County Attorney's Office for legal
action. He indicated he would like to ask the operator's representative how much time would be needed
to clean up the site in order to remedy the situation. Commissioner Garcia concurred with Commissioner
Long and clarified when matters are forwarded to the County Attorney's Office, the courts will not be able
to act with immediate action, rather, it sometimes takes a significant amount of time to traverse through
the legal process. He indicated if the operator is willing to remove the remaining material from the site in
a timely fashion, he supports allowing a delay of action by the County Attorney's Office.
Responding to Commissioner Long, Mr. Haren expressed his appreciation for the consideration of allowing
a set amount of time to clean up the site. He indicated all material may be removed from the site within
30 days. Further responding to Commissioner Long, Mr. Haren indicated the material may be transported
to the closest Class One processing facility, in the southern portion of the County; however, he would like
to profile and document the material with the State during the cleanup, to determine any other approved
sites for disposal, which can be completed within a matter of days. In response to Commissioner Garcia,
Mr. Haren indicated the operator has ceased operation at the site, and will continue to do so, therefore,
the only activity at the site will be related to the removal of the current material on the site. Responding
to Commissioner Long, Mr. Haren confirmed future waste from the Double J Meat packing plant will either
be disposed of at a facility within the southeast portion of the County, or, by land application on approved
sites, in which the soil will be incorporated within a reasonable amount of time.
Commissioner Long indicated the operator indicated an application has been submitted for a Class One
composting facility, and has indicated the site was recently being utilized within the same fashion without
the permit. He indicated for the operator to argue that the land application is a Use by Right is
contradictory.
Minutes, August 4, 2008 2008-2117
Page 10 BC0016
Commissioner Long moved to authorize the County Attorney to proceed with legal action, with a delay of
said action for 30 days. Seconded by Commissioner Garcia, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Ordinance #2008-10 was approved on first reading.
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 11:00 a.m.
BOARD OF COUNTY COMMISSIONERS
atil
)" WELD COUNTY, COLORADO
ATTEST: - EXCUSED
IS6I \ Willi H. J rke, Chair
Weld County Clerk to the B d � �
4 '%"rri, -' Robert D: Masden, Pro-Tem
BY: ,I ',
Deputy Clerk the Board • ` b
i Farcit
David E. Long
EXCUSED
Douglas Rademacher
Minutes, August 4, 2008 2008-2117
Page 11 BC0016
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