HomeMy WebLinkAbout20071680.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING THE VIOLATION
AGAINST PARKER AG SERVICES, LLC, DAVE QUARLES AND JOE AMEN FOR
VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Parker Ag Services, LLC, Dave Quarles and Joe Amen, are allegedly in
violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 19th day of June, 2007, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Parker Ag Services, LLC, Kipp Parker, Dave Quarles and Joe Amen, property
owners and tenant, were present at said hearing, and
WHEREAS, the Board deems it advisable to dismiss said matter due to the nuisance
conditions being remedied to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the negligent management of chicken manure violation be, and hereby is,
dismissed due to the nuisance conditions being remedied to correct said violation.
2007-1680
PL0824
VIOLATIONS - PARKER AG SERVICES, LLC, DAVE QUARLES AND JOE AMEN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of June, A.D., 2007.
BOA OF COUNTY COMMISSIONERS
WEL OUNTY COLO' DO
I , 1 '
ATTEST:
fi trig,vid E. Long, Chair
Weld County Clerk to the Boar•
iRraCUSED
illia( H . -r -, Pro-Tern
De.$ty Cle to the Boar. ~
William F. Garcia
APP ED AS •
AEXCUSED
Robert D. Masden
ounty Attorney SI i--
aslRademache
Date of signature: 7/5/0-7
2007-1680
PL0824
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: TREVOR JIRICEK
"ligeDATE: JUNE 13, 2007
SUBJECT: NUISANCE CONDITION (FLIES) AS RESULT OF
NEGLIGENT MANAGEMENT OF CHICKEN MANURE,NEAR
COLORADO WCR'S 8 AND 45
As the result of a complaint and on-site inspection by Health Department staff, Parker Ag
Services, LLC (Parker),was notified on May 18, 2007,of a potential nuisance condition as the
result of flies and strong odors near the intersection of WCR's 8 and 45. Parker was in the
process of stockpiling chicken manure at this location. Parker indicated that they would
immediately address and remedy the issue.
On June 11, 2007, in response to additional complaints, Health Department staff again observed
the site. The fly condition appeared to have worsened and constitute a nuisance condition. Staff
again contacted Parker as well as the tenant farmer,Joe Amen. Parker informed staff that the
manure piles would be spread immediately. Parker also acknowledged that they were not diligent
in their management of the manure piles.
The Department recommends that the BOCC require that the nuisance condition be remedied no
later than June 21, 2007. Should the nuisance not be abated by June 21, 2007,we recommend
that the BOCC direct the Health Department to secure a contractor to remedy the nuisance and
bill back the cost of the contractor to the property owner, tenant farmer, and Parker Ag Services,
LLC. Additionally, we recommend that the BOCC ask Parker to develop and submit a written
operations plan that will be followed for future stock piles of chicken manure in an effort to
prevent future nuisance conditions from developing.
The property owner is James E. Rowe,Jr., Family Trust.
The attached pictures were taken on June 13, 2007. The flies are not evident, however, the
photographer, Steve Wiatrowski, indicated that he could not leave the vehicle for fear of being
covered with flies.
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DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17'"Avenue
Greeley, CO 80631
' WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
C FAX: (970) 304-6412
O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
FAX: (970) 304-6416
COLORADO ENVIRONMENTAL HEALTH SERVICES:FAX: (970) 304-6411
June 12, 2007
Dave Quarles (via email: dbquarles@kci.net)
Parker Ag Services, LLC
Joe Amen (via email: jeamen@msn.com)
Subject: Nuisance Conditions as Result of Chicken Manure Storage
Dear Mr. Quarles and Mr. Amen:
In response to several complaints concerning excess flies and strong odors, the property near
the intersection of Weld County Roads 8 and 45, was observed on May 18 and June 11, 2007,
by Department staff. According to Weld County Assessor Records this property is owned by the
James E. Rowe, Jr. Family Trust. It is our understanding that Mr. Amen is the tenant farmer
and Parker Ag Services, LLC, has been hired to stock pile and spread chicken manure on the
property.
Following the observations made on May 18, 2007, a representative of the Department
contacted Parker Ag Services, LLC, to make notification of a potential nuisance condition
regarding a high number of flies. Parker Ag Services, LLC, indicated that they would remedy
the situation. After receiving additional complaints, Department staff again observed the
property on June 11, 2007, observing a significant amount of flies. It is the position of the
Department that the conditions observed in these observations constitute a nuisance condition.
Colorado Revised Statute Section 25-1-613 provides the following:
"Removal of nuisances. The board of health shall examine all nuisances,
sources of filth, and causes of sickness, which, in its opinion, may be injurious to
the health of the inhabitants, within its town, city or county and it shall destroy,
remove, or prevent the same as the case may require."
As the result of failing to remedy this nuisance condition our Department has scheduled you to
appear before a public meeting of the Weld County Board of Commissioners on June 19, 2007
at 9:00 a.m. The hearing will be held at the Weld County Centennial Center, 915 10th Street,
First Floor, Greeley, Colorado, during the regular Board meeting. The Board will be requested
Dave Quarles and Joe Amen
June 12, 2007
Page 2 of 2
to consider appropriate legal action to remedy this nuisance and to require a written operations
plan to prevent future conditions.
If you have any questions concerning this matter, feel free to contact me at 304-6415, Extension
2214.
Sincerely,
R
Trevor Jiricek, M.A., Director
Environmental Health Services
cc: Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health &
Environment (via email)
Bruce Barker, Weld County Attorney (via email)
James E. Rowe, Jr. Family Trust, 1134 S. Broadway, Denver CO 80210-1502 (property
owner)
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