HomeMy WebLinkAbout20073027.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SEPTEMBER 24, 2007
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, September 24, 2007, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jennifer VanEgdom
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of September 19,2007,as printed. Commissioner Masden seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Masden moved to read Emergency Ordinance #235-A,
and Code Ordinances#2007-6 and #2007-7 by tape. Commissioner Rademacher seconded the motion,
which carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of Hearings
conducted on September 19, 2007, as follows: 1) Hearing to allow citizens input on CDBG Grant
application for project related furniture and equipment to be constructed at the North Range Behavioral
Health facility; 2) USR #1618 - Justin and Jennifer Frank; 3) USR#1613 - Warren and Deborah Smith;
and 4) USR #1616 - Donald Sack, do Mountain States Line Constructors JATC, do TetraTech, Attn:
Lauren Light. Commissioner Masden 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 Masden moved to approve the consent agenda as printed.
Commissioner Rademacher seconded the motion, and it carried unanimously.
2007-3027
BC0016
/9-/5-97
PRESENTATIONS:
RECOGNITION OF SERVICES,ASSESSOR'S OFFICE- DONNA KRAL: Chair Long read the certificate
into the record, recognizing Donna Kral for eleven years of service with the Assessor's Office. Jackie
Weimer,Assessor's Office,stated Ms. Kral has worked at the front desk of the Assessor's Office for eleven
years, and she has completed her tasks with patience and a positive attitude. She expressed her
appreciation to Ms. Kral for her positive work ethic, and wished her luck in her retirement. Ms. Kral was
present to receive her award and stated she has enjoyed working with other employees within the
Assessor's Office and working for Weld County residents. Chair Long expressed his appreciation to
Ms. Kral for her dedication and stated she was very helpful to him when he was previously the Mayor of
the Town of New Raymer.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants
for approval by the Board:
All Funds $282,057.60
Commissioner Rademacher moved to approve the warrants as presented by Mr. Warden. Commissioner
Jerke seconded the motion, which carried unanimously.
OLD BUSINESS:
CONSIDER PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT AND AUTHORIZE CHAIR TO SIGN-TOWN OF JOHNSTOWN(CON'T FROM 09/10/07):
Leon Sievers, Department of Public Works, stated the Town of Johnstown is preparing a new legal
description, which will be reviewed by the Commissioners. He requested the matter be continued to
October 15, 2007. In response to Commissioner Jerke, Mr. Sievers stated he will set up another work
session for the Board to review the agreement. Commissioner Jerke moved to continue said agreement
to October 15, 2007, at 9:00 a.m. Seconded by Commissioner Masden, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR15 BETWEEN CRS 60 AND 62: Wayne Howard,
Department of Public Works, stated County Road 15, between County Roads 60 and 62, will be closed
for four days beginning October 1, 2007, to replace a 30-inch culvert. Commissioner Masden moved to
approve said temporary closure. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER CHANGE ORDER NO. 3 FOR CR 13 PROJECT AND AUTHORIZE CHAIR TO SIGN -
FELSBURG, HOLT,AND ULLEVIG: Mr. Howard stated Change Order No. 3 will provide for the inspection
of County Road 13 at the intersection of State Highway 52. He stated the original contract was approved
in 2004; however, construction inspection services were not included within the original contract. He
further stated construction activities will begin soon, and the inspection services will provide for the
utilization of one full-time inspector. Commissioner Masden moved to approve said change order and
authorize the Chair to sign. Seconded by Commissioner Garcia, the motion carried unanimously.
CONSIDER APPOINTMENTS AND REAPPOINTMENTS TO FAIR BOARD: Commissioner Garcia moved
to appoint Allen DeBelly, Jordan Kreutzer, Donna MacDonald, and Kurt Humphrey, and to reappoint Russ
Groshans, Brian Allmer, Scott Pruett, and Glenn Ledall, to the Fair Board. Seconded by Commissioner
Jerke, the motion carried unanimously.
Minutes, September 24, 2007 2007-3027
Page 2 BC0016
CONSIDER REAPPOINTMENTS TO NOXIOUS WEED MANAGEMENT ADVISORY BOARD:
Commissioner Rademacher moved to reappoint George Beck and Scott Pruett to the Noxious Weed
Management Advisory Board. Commissioner Jerke seconded the motion, and it carried unanimously.
EMERGENCY ORDINANCE NO.237-A, IN THE MATTER OF SUPPLEMENTAL APPROPRIATION FOR
THE YEAR OF 2007: Mr. Warden stated this is the first supplemental appropriation for the 2007 Budget,
and another supplemental appropriation will be completed in December,2007. He gave a brief explanation
of the reasons for appropriation to the General, Public Works, Health, Capital, Emergency Reserve, and
Motor Pool Funds, and summarized the additional grant funds received mid-year. No public testimony was
provided concerning this matter. Commissioner Masden moved to approve Ordinance No. 237-A on an
emergency basis. Seconded by Commissioner Jerke, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-6, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, OF THE WELD COUNTY CODE: Bruce Barker,
County Attorney, stated a work session regarding the changes to Ordinances#2007-6 and #2007-7 has
been set up for Tuesday, October 2, 2007. He clarified a majority of the changes for Chapter 2 are
administrative changes to update the language within the Chapter. He explained two major changes will
be considered, one of which is a suggestion from the Department of Planning Services for the Board to
allow a Consent Agenda for land use hearings, similar to the procedure currently utilized by the Planning
Commission. He clarified the Board will still hear land use matters which have public opposition or that
require changes to the Conditions of Approval or Development Standards. Mr. Barker stated the second
major change to be considered is the update of Code Sections regarding abandonment of property, in
which the language will be drafted to coincide with updated State statute and procedure. He clarified in
instances when the identity of the property owner is unknown, a more specific process will be followed.
He stated Stephanie Arries, Assistant Weld County Attorney, will provide in-depth information at the
scheduled work session. In response to Commissioner Jerke, Mr. Barker stated the Board currently hears
every land use case forwarded by the Department of Planning Services; however, he estimated that
approximately one-third of the cases currently heard by the Board could be approved through a Consent
Agenda, if the establishment of such is approved through this Ordinance. No public testimony was
provided concerning this matter. Commissioner Jerke moved to approve Ordinance #2007-6 on first
reading. Seconded by Commissioner Garcia, the motion carried unanimously.
FIRST READING OF ORDINANCE #2007-7, IN THE MATTER OF REPEALING AND REENACTING,
WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE:
Mr. Barker stated a majority of the modifications are administrative updates. He clarified the rate charged
for copies must be brought into compliance with a recent State statute change, therefore, it must be
reduced to $0.25 per page, or the actual cost to provide the copy. No public testimony was provided
concerning this matter. In response to Commissioner Jerke, the fees charged in conjunction with liquor
licenses are set by the State, therefore, the County is not able to modify the amount of fees collected. He
further stated the listing of State fees will be removed since the rates are modified quite frequently. He
clarified the text will now state that the Clerk to the Board Office may be contacted for a listing of current
state fees. Commissioner Rademacher moved to approve Ordinance#2007-7 on first reading. Seconded
by Commissioner Jerke, the motion carried unanimously.
PLANNING:
CONSIDER PROBABLE CAUSE HEARING CONCERNING USR #1602 - BRAD AND SCOTT
COCKROFT DAIRY, LLC: Chris Gathman, Department of Planning Services, stated Use by Special
Review Permit #1602, for an Agricultural Service Establishment, including a Livestock Confinement
Operation, was approved by the Board on July 11, 2007. He stated staff received complaints regarding
the dairy facility on August 8 and 28, 2007, in regard to a nuisance fly condition within the surrounding
area, and Laurie Exby, Department of Public Health and Environment, completed a visit to the site on
Minutes, September 24, 2007 2007-3027
Page 3 BC0016
September 4, 2007. He clarified Ms. Exby also visited several neighboring properties during the
inspection, including the Wolfrum property, directly west of the dairy, and the Pirera property, to the
northwest of the site, located at the intersection of County Roads 57 and 72. He stated it was determined
that a nuisance fly issue did exist at the residences, and Ms. Exby has since completed subsequent visits
to the site. He further stated he conversed with the manager of the dairy, Randy Checketts,who indicated
approximately 3,200 head of cattle were located on the property. Mr. Gathman indicated the amount of
cattle allowed as a Use by Right on the property is 2,364 head. He stated Tom Haren, AGPROfessionals,
LLC, has indicated the applicants own additional property to the north of the dairy, therefore, the adjacent
acreage creates a total of 800 acres. He stated Mr. Haren will address the compliance with the maximum
allowed animal units on the site. Mr. Gathman stated the Department of Planning Services recommends
the animal units located on the property be brought into compliance and that the plat be recorded by
November 8, 2007, which is the date required by the Condition of Approval #2.
Ms. Exby stated the Department of Public Health and Environment has received numerous complaints of
an abundance of flies, and her visit on September 4, 2007, confirmed the flies were an obvious nuisance.
She stated a timeline has been submitted, outlining the complaints received and actions taken by the
Department. She further stated she conversed with Mr. Wolfrum, and he indicated the fly nuisance had
not increased; however, it had not decreased, and she clarified a spraying was in the process of being
completed by the dairy during her visit to the Wolfrum property.
Juan Velez, Vice President of Farm Operations for Aurora Organic Dairy, gave a brief description of the
operations of Aurora Organic Dairy(AOD), including three facilities within Weld County, and gave a brief
history of the company. Mr. Velez indicated AOD operates the 800-acre High Plains Dairy on the subject
site, which is situated on land owned by the Cockroft family. He gave a brief description of job
opportunities and company benefits at Aurora,as well as partnerships and relationships with suppliers and
educational institutions. He stated the operations support over 50,000 acres of agricultural land and more
than 120 farming families throughout the nation. He further stated AOD has retained a good track record
of honoring legal obligations and operating as a good neighbor, and the need for an increase in pasture
land led to the completed lease agreement with the Cockroft Family. Mr.Velez indicated the company has
endured challenges in retaining employees at the new facility, similar to many other agricultural employers
within the surrounding area, and the company is committed to resolving the experienced growing pains.
He stated Mr. Haren will address the specifics of the nuisance fly condition and the remedial measures
which have been taken to address the issue. He expressed his apologies to surrounding property owners
for the inconveniences caused by the excessive amount of flies surrounding the site.
Mr. Haren stated he was not initially contracted by AOD to provide environmental maintenance and
monitoring at the facility; however, due to his relationship with the Department of Public Health and
Environment through other land use cases, he was contacted by Trevor Jiricek. He clarified he was not
involved in the matter when the first complaint was issued on August 8, 2007, at which time a nuisance
fly condition was not found. He stated he understands it has been a bad fly year for agricultural operations
due to wet weather and the abundance of weeds during the summer season. He clarified he was
contacted on August 28, 2007, at which time he provided four general recommendations to address the
fly issue,to the Department of Public Health and Environment and representatives of AOD. He stated the
recommendations included frequent turning of the compost pile, increasing mowing operations, spraying
roadways and neighboring properties with pesticides, and investigating organic pesticides available to
utilize at the facility. Mr. Haren indicated he was then hired for consultation on the mitigation of the issue,
and he provided three additional recommendations. He clarified AOD had been completing mowing
operations weekly, including along the rights-of-way adjacent to the property, and confirmed minimal
amounts of manure were kept on the site, and the cattle pens were being cleaned daily. He stated AOD
agreed to reimburse surrounding property owners for the expenses already incurred for chemical spraying,
and confirmed the company did work out arrangements for additional spraying needs. Mr. Haren stated
Minutes, September 24, 2007 2007-3027
Page 4 BC0016
the dairy is very clean and well-maintained,the weeds were controlled throughout the summer season,and
there are no standing water issues on the site. He stated a manager was not hired for the facility until late
summer, and staffing the facility has been difficult. He clarified due to an oversight, biological pest control
was not utilized earlier in the year, and it was too late to begin using the normally recommended chemical.
He further clarified AOD began spreading wet manure, collected with a vacuum, in early August, and the
employee doing so did not understand the unintended consequences of the practice of drying the manure
on an open field north of the dairy. He stated the spreading of manure was identified as the source of the
excessive flies, and the practice was immediately terminated. He further stated Mr. Checketts met with
neighbors beginning on August 28, 2007, and reiterated the plans for control of the fly issue, and the field
was disced to turn under the manure on the week of September 3, 2007. He stated Mr. Checketts assured
the neighbors of provided reimbursement for expenses incurred and he asked permission for continuation
of spraying operations. He further stated a suitable naturally-derived chemical was identified and
application of the chemical commenced immediately. Mr. Haren stated he expected the situation to get
worse before it could get better. On September 8 and 9, 2007, the neighbors were notified of the source
of the problem, and the strategy for correction, and permission was requested in order to provide fogging
and aerial spraying for the surrounding properties. He stated it was a challenge to find a company willing
to spray the residences; however, spraying commenced on September 10 and 11, 2007,and over sixteen
residences have since received aerial applications. He clarified fogging operations have been conducted
twice daily, and ten additional aerial applications have been completed since September 10, 2007. He
further clarified several hundred dollars of reimbursement has been provided to surrounding property
owners, the company has offered to wash all affected residences this coming fall, and the neighbors all
indicated approval for continuation of the spraying operations. Mr. Haren concurred that a serious fly
problem exists,the source and cause were identified, and the neighbor's expenses have been reimbursed;
however, he understands a price cannot be placed on the inconvenience the neighbors have incurred. He
summarized the costs incurred by AOD for the aerial applications and necessary chemicals, sprayer
equipment, reimbursement to neighbors, and other associated costs with the mitigation measures being
completed. He stated AOD is committed to do whatever it takes to mitigate the issue, and the company
never intended for a problem of this magnitude to happen. He indicated AOD has attempted every
possible solution to mitigate the problem; however, it continues to be an on-going battle. Mr. Haren stated
only two Conditions of Approval need to be finalized before the USR plat may be recorded, including the
need for an oil and gas agreement and the finalization of the Confined Animal Feeding Operation(CAFO)
Permit from the State. He clarified the CAFO permit is currently under review by the State, and
acceptance of CAFO permits has been suspended by the State until Spring, 2008. He stated evidence
of submittal for the permit will be presented to the Department of Planning Services, and the applicant will
comply with the Uses by Right on the property until the plat is able to be recorded.
In response to Commissioner Rademacher, Mr. Haren indicated the placement of the field on which the
manure was spread, on the provided map. He stated the manure was land-applied on the bottom portion
of the 160-acre parcel. He further stated the facility contains a designed compost area to handle the
manure; however, an employee believed it would dry faster if it were spread out on the field. He clarified
the employee had good intentions; however, the employee did not have the experience to understand the
unintended consequences, nor an understanding of the rules in regards to land application. He further
stated the situation has been reviewed, and it has been determined that it happened as a result of
under-staffing at the facility. Responding to Commissioner Jerke, Mr. Haren stated the applicant does not
intend to operate the dairy as a Use by Right. He reiterated the property is owned by the Cockroft family
and is leased by AOD, and both parties believe it is important to obtain a Use by Special Review Permit
and to abide by the Conditions set forth through the permit.
Debbie Pirera, surrounding property owner, indicated her property is located directly across from the field
where the manure was spread. She stated the applicant dumped manure on the field for a period of more
than three weeks and she does not believe that management could have simply overlooked the mistake.
Minutes, September 24, 2007 2007-3027
Page 5 BC0016
She submitted photographs taken at her residence, marked Exhibit B, and stated the photos were taken
on August 12, 2007, and depict the fly problem. She further stated the flies are swarming around her
house, and upon opening her front door, many flies rush inside her residence. Steve Pirera, surrounding
property owner, stated he believes the situation has become unliveable. He stated the fly problem has not
been alleviated, even though the applicant has provided aerial applications. He clarified the aerial
applications have not occurred twice per day, as promised by the dairy, and on some days, there is no
spraying activity at all. He further stated he believes his property value has been reduced by this situation,
and it is impossible to have visitors come over for dinner, especially on the porch. Mr. Pirera stated he
believes the dairy cannot provide a solid guarantee to mitigate concerns next year if it did not abide by the
regulations set before it this past year. He stated his quality of life has been ruined and he does not
believe the dairy is concerned about being a good neighbor.
Ms. Pirera submitted additional photographs, marked Exhibit C, and stated the photographs indicate the
fly situation after aerial applications were completed, indicating a minimal difference. Mr. Pirera stated he
prefers not to allow the dairy to continue operations at the current site. He clarified he feels like he is
trapped in his house, and reiterated he has experienced a decreased enjoyment of his life. Chair Long
explained the hearing today is not to consider revocation of the permit, but rather to gather information
regarding concerns which need to addressed at the site. Mr. Pirera indicated he did not know the dairy
would be located on the site until the building process had already begun. Ms. Pirera stated she stayed
home on September 18, 2007, waiting for an aerial application to be completed, which did not happen.
She stated she contacted Mr. Checketts and was informed spraying operations were taking place at
another location. She further stated the contractor later came to her property, did a minimal fogging, and
then left. She clarified she does not believe the spraying operations are effective, and there has been no
difference in the amount of flies on her property since applications have commenced.
In response to Commissioner Jerke, Mr. Haren stated the organic chemical utilized is derived in a different
manner than most pesticides; however,it is essentially the same as the chemicals utilized at other facilities,
and he submitted a copy of the product information, marked Exhibit D. He further stated non-organic
facilities may also utilize the product, and he gave a brief description of the ingredients. Mr. Haren clarified
he met with the Pirera family on two separate occasions, and he acknowledged that the flies are
numerous. He indicated he has experience with methods utilized to control nuisances within Confined
Animal Feeding Operations, the applicant is working to keep the situation from getting worse, and he
understands there has not been a dramatic improvement. He stated the source of the fly hatch has been
eliminated; however, the flies continue to reproduce as they travel. He clarified the aerial applications are
completed due to the high concentration of flies within cottonwoods. He stated the flies have spread out
to create other breeding grounds, and the dairy is unfortunately behind the curve and trying to solve the
situation.
Responding to Commissioner Rademacher, Mr. Haren indicated the main cause of the fly situation was
the spreading of manure on the additional land to the north. He stated the dairy facility is very clean,
reiterated there is no standing water, and the pens are cleaned daily. He stated he has given instruction
to the dairy for better management of the compost area; however, it is not the source of a nuisance this
large. He further stated he has met with neighbors to the southeast of the dairy, and the amount of flies
was not as prevalent. He stated one neighbor to the east indicated he did not feel that the fly issue was
more severe than before the dairy began operations, and property owners to the northwest were the most
affected by the amount of flies. Further responding to Commissioner Rademacher, Mr. Haren stated the
dairy never intended to permanently apply manure on the field, since the field is not a part of the
wastewater system at the dairy. He clarified manure was applied between August 6 and 28, 2007, which
is a total of 22 days. He indicated the typical breeding cycle of flies is three weeks. He stated the manure
was applied over pasture stubble, the ground was disced appropriately, and a seed bed was established
within four days after the discing occurred. He further stated aerial spraying applications have been
Minutes, September 24, 2007 2007-3027
Page 6 BC0016
completed on the field, as well as at the compost pile located to the south of the dairy facility. He stated
any areas identified as habitat or breeding ground have been sprayed as well.
Stan Rogers,surrounding property owner, indicated he lives approximately one mile northwest of the dairy
facility, and stated he is pro-agriculture and he sells agricultural products as his profession. He stated he
disagrees with Mr. Haren since he believes that the manure was applied to approximately 130 acres and
was not contained to the south portion of the adjacent field property. He further stated manure was also
spread on the property at least three times the previous winter. He stated he was not involved in the initial
hearing for the approval of the Use by Special Review Permit; however, he was supportive of the
placement of the dairy. He further stated he believes being a good neighbor means completing operations
in good faith and through Best Management Practices. Mr. Rogers stated both management from the
dairy and the consultant have admitted that the operation has made mistakes, and he has concerns that
a functioning compost field has not been established within a year's time. He requested the dairy provide
the records for the amount of manure applied and the agronomic rate through the Nutrient Management
Plan. He stated he understands the dairy has been working to mitigate the fly problem; however, he does
not know if the pesticide being utilized is the best one available. He further stated he understands there
has been an increased fly issue throughout the region this year; however, the fly issue on his property is
extremely excessive. He indicated he is concerned that the dairy will continue the practice of land
application of liquid effluent on raw ground, and he suggested the dairy be held to stringent standards to
mitigate future excessive fly problems. He clarified any future land applications of effluent should be
required to be incorporated into the soil within three days. Mr. Rogers clarified he understands dairy
operations create changes to the character of a neighborhood, and he does not support closing the dairy;
however, he reiterated the dairy must operate in good faith and utilize Best Management Practices to
mitigate future problems. He stated AOD has been operating in excess of the allowed amount of animal
units, which the company does not deny, and no fly control measures were implemented until after the
problem had already begun. He further stated the dairy should not be granted a variance to house
additional animal units on the site. He submitted photographs for the record, marked Exhibit E.
Wendy Rogers, surrounding property owner, stated she does not agree with her husband, and she
believes the dairy should not be allowed to operate at the current location. She stated the dairy
representatives have proven that the dairy cannot be adequately managed and the employees are not
properly supervised,therefore,operations should cease. She stated the negligence of the dairy has been
criminal, and she is not able to visit with her neighbors, as she has previously been able to do, due to the
fly situation. She further stated the dust, trash, and traffic issues are not even discussed due to the
overwhelming fly nuisance. She clarified she feels like a hostage in her own home, and she invited
representatives of AOD to her home for dinner, and she never received a response. She stated she has
children and pets, and recently was mowing in the yard when she had to run to the barn to take cover from
the aerial spraying. She further stated her residence has been fogged numerous times, and she literally
cannot see out of her windows due to the buildup of chemical. Ms. Rogers stated she, and the other
surrounding property owners, deserve to be able to live their lives on their own properties which they have
worked hard to acquire and maintain. In response to Commissioner Masden, Ms. Rogers stated she has
lived at her property for thirteen years, and she owns 80 acres. She further stated she raises cattle, goats,
waterfowl, and other domestic animals on her property. She clarified her property contains a large amount
of trees, some of which are over 100 years old, and she understands the trees harbor flies. She stated
the trees are sprayed, and then the flies move to the residence. She expressed her concerns regarding
the chemicals utilized and overall health concerns regarding the prevalence of flies. She clarified she was
born and raised on a farm, therefore, she is not a stranger to nuisances or smells; however, this nuisance
is at a criminal level. Responding to Commissioner Rademacher, Ms. Rogers stated the fly problem got
dramatically worse when the manure was spread on the open field, and her residence is located directly
across from the field where the manure was spread out to dry. She reiterated she believes if AOD cannot
properly manage the facility, they should not be allowed to continue operations.
Minutes, September 24, 2007 2007-3027
Page 7 BC0016
Dave Blomquist, surrounding property owner, stated the chemical spray does kill the flies; however, it also
kills all of the good bugs. He stated he has been required to thoroughly wash his garden fruits and
vegetables due to the chemicals, and he believes there are too many flies within the area. He stated he
hopes the dairy is able to take care of the issue and that the same problem will not occur next summer.
He submitted photographs for the record, marked Exhibit F. In response to Commissioner Rademacher,
Mr. Blomquist indicated the placement of his property on the map provided, and stated his property is
densely populated with trees. He further stated he has agreed for the dairy to provide spraying operations
at his property; however, he has never had to spray for any type of pest in the previous seven years that
he has lived at his residence.
Duane Mix,surrounding property owner to the east, stated his property is subject to a large amount of dust
and traffic generated by the dairy, and now the fly problem is extreme to the point where his children
cannot enjoy time outdoors. He stated he called Ms. Exby in July, 2007, and she did not respond to some
of his calls. He clarified standing water has been located on the property since June, 2007, therefore, he
does not believe the Mr. Haren's claim of no standing water on the property. He stated the dairy has been
working on the fly problem; however, the measures taken are not working.
Betty Phinney, surrounding property owner, stated she and her husband own approximately 160 acres,
and they have experienced problems with flies all summer long. She expressed her concerns regarding
health issues and her ability to enjoy time outdoors, and stated her life has been changed considerably.
Myron Phinney, surrounding property owner, stated he has farmed in the area for over 40 years and the
use of chemicals at the amount currently utilized is not healthy. He stated he understands flies have to
be battled when working with cattle; however, additional measures are needed. He further stated a pivot
sprinkler sprays the lagoon water, which creates a urine smell from the cattle, and he believes the smell
may be contributing to the excessive amount of flies. Ms. Phinney reiterated her health concerns and
stated her grandchildren also live in the immediate area and she is concerned for their health as well. She
stated she understands the diary is trying to control the situation; however, it has gotten too far out of hand
to effectively control. She expressed her concerns regarding not having notification of when the aerial
spraying will take place, and stated the chemicals being sprayed contain a horrible odor. She further
stated she and her husband desire to be good neighbors; however, she expects to have the same courtesy
from the dairy. She clarified she has lived within the area since 1978 and she does not want to move since
she enjoys the area. She stated she should be able to enjoy the life she has become accustomed to and
she is disgusted by the excessive amount of flies which crawl up her legs when she is outside. Mr.
Phinney stated he does a lot of welding operations within his shop and the blue flame of the torch draws
an excessive amount of flies. Ms. Phinney stated the horses on the property are pestered by the flies and
stomp their feet until they slip their hooves.
Sharon Wolfrum, surrounding property owner, stated she has attended three previous hearings regarding
the dairy, and she believes her concerns have been ignored. She stated the walls of her home are
covered with flies, as well as fly fecal matter. She further stated it is impossible to open her door without
a large amount of flies rushing into her house. She stated her food has been contaminated by the flies,
which carry diseases, and she is not able to enjoy spending time outside on her property since the flies
bite and swarm. Ms.Wolfrum stated her animals are also miserable, and she believes the fly nuisance has
not just been a recent problem. She stated the applicant lied about the intended fly control measures and
has not followed any implemented procedures within a timely manner. She stated in her research,she has
discovered an article which states a building located within a dairy should not contain more than 100 flies
per 100 square feet, and clearly there are more than this limit at each of the surrounding property owner's
residences. She stated the article explained the pest control measures must be a season-long effort and
late-season spraying will not bring flies under control. Ms. Wolfrum stated the spraying activities which
have begun have only helped minimally and she believes the problem will continue into next summer. She
Minutes, September 24, 2007 2007-3027
Page 8 BC0016
stated the company claims the milk it sells is pesticide free; however,she is constantly breathing pesticides
on her property to rid her home of the flies created by the dairy. She further stated she is upset that the
situation has been allowed to happen and requested action be taken so that she does not have to take
anymore time away from her profession to attend hearings on the matter.
Jimmie Wolfrum, surrounding property owner, stated he owns an 80-acre farm,and he displayed a sample
of dead flies collected at his property. He submitted photographs for the record and a written statement,
marked Exhibits G and H. He stated since the spraying operations have begun, the fly problem has not
gotten worse; however, it has not gotten better either. He reviewed his written statement for the record,
summarizing that he grew up on a dairy, and he stated he was not aware that the Cockroft family had the
intention of leasing the dairy facility to AOD. He further summarized the previous hearings he has attended
regarding the dairy, and stated he appreciates the dairy's efforts to control the flies; however, the dairy
needs to treat the problem at the source. He requested the Board address, and mitigate,the health issues
associated with the problem of excessive flies. In response to Commissioner Masden, Mr. Wolfrum stated
he began to see an increase in the amount of flies as soon as the weather began to warm up in the Spring.
Ms. Wolfrum clarified she raised questions regarding excessive flies at the hearing on July 11, 2007, and
she indicated her concerns about the flies at that time. She stated she is upset due to the fact that the her
questions have been raised twice previously and she was assured by the applicant that her concerns would
be resolved. She clarified she understands that Mr. Checketts is a new manager at the facility, and he
admitted that use of parasitic wasps has not happened, even though the Permit states the use will be
utilized. She stated a representative from the Department of Public Health and Environment visited the
site in July, 2007, and stated there was not a fly problem at the dairy. She stated she has very little faith
that the situation will be resolved correctly and she is irritated the dairy has opened up a large number of
employment positions that cannot be filled by employees. She further stated the dairy is operating with
untrained workers on a daily basis and it is not adhering to sound management practices. There being
no further discussion, Chair Long closed the public input portion.
Mr. Haren stated he concurs with the statements expressed by the neighbors, and reiterated a serious fly
problem exists. He stated the problem is one of the most concerning problems he has had to tackle, even
though everything imaginable for treatment has been done. He further stated the study mentioned by
Ms. Wolfrum is correct, and no amount of late-season spraying will solve the problem. He understands
the problem has not gotten worse, and he reiterated the properties with established trees and landscaping
are habitats for flies. He further stated AOD was informed of the situation and concerns, and a majority
of the property owners told management to do whatever it takes to clear up the problem. Mr. Haren
reiterated the dairy did not intend for this to happen and management is very regretful to be in this position.
He stated if Management Plans are followed throughout the year, they will effectively work, as they have
for other dairies within the area. He further stated he realizes many of the property owners have expressed
concerns regarding the spraying; however, the owners have indicated to him that they would like spraying
operations to continue.
Mr. Velez reiterated the dairy recognizes a serious problem exists, and the problem is a result of an
oversight by management. He stated there have been no other significant problems at the other dairies
operated by Aurora Organic Dairy, and he expressed his apologies to all of the surrounding property
owners for the situation which they have had to endure. He further stated Best Management Practices are
followed, and he promised staff at the dairy will be ready next year to minimize flies. He explained he
recently attended a seminar to develop the best plan available to take care of the situation next year. He
reiterated the company is willing to do whatever it takes to resolve the situation.
Commissioner Garcia requested the dairy give notice of future spraying dates to the surrounding property
owners. Mr. Velez stated a plan has been implemented to send a newsletter to neighbors notifying them
of upcoming dates. He invited input from surrounding property owners on a continual basis, and he
Minutes, September 24, 2007 2007-3027
Page 9 BC0016
expressed his appreciation for the input expressed through today's meeting. Mr. Haren stated community
bulletin boards have been set up for neighbor relations in other instances, and he advised doing the same
for this community. He clarified the dairy needs to receive feedback from the neighbors in order to address
the issues, and he realizes not everyone has access to the Internet for electronic mail updates.
Commissioner Masden stated since the spraying activities are occurring on personal property, the dairy
absolutely needs to notify the neighbors of when the spraying activities will be occurring. He further stated,
for an interim period, the dairy should do whatever it takes to personally inform the neighbors of when
spraying operations will take place, since most of the neighbors will need to move animals. Mr. Haren
indicated he collected information from the neighbors and put together a calling list, and the neighbors
were informed that the aerial spraying would take place everyday, except for rare exceptions. He further
stated he explained to the neighbors who would be visiting the properties, and he asked each property
owner to identify where the septic tanks were located and what type of animals were kept on the property.
He stated the dairy personnel try to complete the spraying activities while people are away at jobs during
the day; however, many people are at their residence during the day. Mr. Haren indicated the neighbors
requested for him to do whatever is necessary to try and control the problem, and upon researching
chemicals, he passed out the information on the chemical selected. He reiterated the chemical is safe for
animals and directly on fruits and vegetables. He stated he is committed to providing better
communication between the dairy and the neighbors. Commissioner Masden requested the dairy give at
least 24 hours notice to every neighbor before spraying operations are completed and that personnel keep
track of the notification process to ensure all parties are adequately notified.
In response to Chair Long, Mr. Barker indicated the Board may make a motion to set a Show Cause
Hearing, based upon the issues of non-compliance presented regarding the nuisance fly condition and the
operation of the facility before the recorded plat. He stated the Board may also make a motion to dismiss
the matter, or to continue the Probable Cause Hearing to a later date, for the purpose of considering the
nature of the complaints after a period of time in which the applicant is allowed to complete the measures
suggested.
Commissioner Jerke stated he feels enough evidence has been presented to substantiate the need for a
Show Cause Hearing. He stated the nuisance fly condition is a significant issue, and the testimony
provided by the neighbors is very straight-forward. He further stated it appears the problem is not being
managed appropriately and the matter needs to proceed to the next level.
Commissioner Rademacher stated the pictures presented are worth a thousand words, and a fly problem
of this magnitude is not typical for dairies. He stated he lives approximately one-half mile away from the
Aurora facility in Platteville, and he has never seen this many flies. He supports moving forward to set a
Show Cause Hearing.
Commissioner Masden concurred with Commissioner Rademacher and stated he has never seen a large
amount of flies like has been presented within the pictures. He stated the health, safety, and welfare of
the residents within the area is at risk, and the applicant is also in violation of the number of animal units
allowed on the property, therefore he supports setting a Show Cause Hearing.
Commissioner Garcia stated he concurs with the opinions provided by other members of the Board. He
stated he was originally impressed with the information provided at the Use by Special Review Permit
hearing on July 11, 2007, and believes there was enough evidence presented today to warrant the need
of a Show Cause Hearing.
Chair Long indicated he concurred with the recommendation. He stated the measures identified by the
applicants for mitigation of concerns must be completed to provide for the health, safety, and welfare of
Minutes, September 24, 2007 2007-3027
Page 10 BC0016
the neighbors. He further stated it is obvious that the applicant has not completed the correct follow-
through in this instance. He clarified the outcome is the measurable evidence, and this issue has had a
bad outcome.
Mr. Barker clarified the standards which address the nuisance conditions presented are Development
Standards #16 and #19.
Commissioner Jerke moved to set a Show Cause Hearing on October 24,2007, at 10:00 a.m., due to the
reasons set forth by Mr. Barker, and the fact that the applicant has not properly recorded the plat for Use
by Special Review Permit #1602. Commissioner Masden seconded the motion, and it carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent
agenda. Emergency Ordinance No. 237-A was approved and Ordinances #2007-6 and #2007-6 were
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 10:50 a.m.
E BOARD OF COUNTY COMMISSIONERS
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ATTEST: 7/I/ 1/4? avid E. L
Wel. County Clerk to the Board I. p
Ydoyve Willie H. Pro-Tem
BY. LI..�� v fig"/
DeP Clerk o the Board
Wil F. Garcia
Robert D. Masden
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D ugla Rademache
Minutes, September 24, 2007 2007-3027
Page 11 BC0016
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