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HomeMy WebLinkAbout20060397.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 6, 2006 TAPE #2006-03 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, February 6, 2006, 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 M. J. Geile, Chair Commissioner David E. Long, Pro-Tem Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Assistant County Attorney, Lee Morrison Acting Clerk to the Board, Jenny VanEgdom Director of Finance and Administration, Donald D. Warden MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of February 1, 2006, as printed. Commissioner Vaad seconded the motion, and it carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Vaad moved to approve the Certification of Hearings conducted on February 1,2006,as follows: 1)CZ#1104-Jay and Sherrie Woods; and 2) PZ#545-WI PO, LLC, Attn: Bret Larimer. 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 Jerke moved to approve the consent agenda as printed. Commissioner Masden seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. 2006-0397 BC0016 O,3 -G� WARRANTS: Donald Warden, Director of Finance and Administration, presented the following warrants for approval by the Board: All Funds $751,239.66 Commissioner Jerke moved to approve the warrants as presented by Mr.Warden. Commissioner Masden seconded the motion, which carried unanimously. NEW BUSINESS: CONSIDER TEMPORARYCLOSUREOF WCR 52 BETWEEN WCRS 61 AND 63: Frank Hempen, Jr., Director of Public Works, stated Weld County Road 52, between Weld County Roads 61 and 63, will be closed for approximately five days, to replace a culvert. Commissioner Jerke moved to approve said closure. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 62 BETWEEN WCRS 43 AND 45: Mr. Hempen stated Weld County Road 62,between Weld County Roads 43 and 45,will be closed for approximately five days, to replace a culvert. Commissioner Masden moved to approve said closure. Seconded by Commissioner Vaad, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 80.5 BETWEEN WCRS 37AND39: Mr. Hempen stated Weld County Road 80.5,between Weld County Roads 37 and 39,will be closed for approximately ten days, to replace a culvert. Commissioner Long moved to approve said closure. Seconded by Commissioner Jerke, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF WCR 52 BETWEEN WCRS 47 AND 49: Mr. Hempen stated Weld County Road 52, between Weld County Roads 47 and 49,will be closed for approximately five days, to make repairs to Bridge 52/47A. Commissioner Jerke moved to approve said closure. Seconded by Commissioner Vaad, the motion carried unanimously. PLANNING OLD BUSINESS: CONSIDER LETTER AGREEMENT FOR PILOT OPERATION OF AN IN-VESSEL/DIGESTER COMPOSTING PROCESS AT THE A-1 ORGANICS RATTLER RIDGE ORGANIC RECYCLING FACILITY ANDAUTHORIZECHAIRTO SIGN-LAMBLAND,INC., DBAA-1 ORGANICS(CON'T FROM 01/30/06): Lee Morrison,Assistant County Attorney,stated notice has been provided to surrounding property owners, and the hearing regarding this matter was continued from the previous week to allow discussion to take place between A-1 Organics and surrounding property owners. Bob Yost,A-1 Organics, stated the pilot operation was discussed with surrounding property owners,and the letter of agreement was distributed to them following the previous meeting. He stated concerns were identified during the meeting and the violation, regarding odor issues, has been addressed satisfactorily. He stated A-1 Organics is committed to resolving issues with the Guttersen family;however,odor issues may only be eliminated when the source of odor is immediately identified. He further stated the Guttersen family was given the details of the pilot operation, and the company is committed to improving and expanding the operation within the guidelines of the permit. Mr.Yost stated the company will strive to maintain open communication with all surrounding property owners. In response to Chair Geile,Mr.Yost stated the permit will allow additional materials to be composted at the site; however, the volume of material composted will not be expanded. In response to Commissioner Jerke, Mr.Yost stated the facility is located approximately four miles north of the Town of Keenesburg, adjacent to Weld County Road 59. Further responding to Commissioner Jerke, Mr. Yost stated the facility is located approximately five miles from Interstate 76. Gary Parish, attorney, stated he represented the Guttersen family, and appreciated the informational session held with officials from A-1 Organics. He stated A-1 Organics believes it has the ability to Minutes, February 6, 2006 2006-0397 Page 2 BC0016 significantly decrease the concerns regarding odor issues, and upon approval of the pilot operation, the Guttersen family will report to the Board if further concerns arise. He further stated A-1 Organics have agreed to consider several options regarding ongoing odor problems, and the Guttersen family will notify personnel living within the vicinity of the facility in order to immediately pinpoint the source of odors. Mr. Parish stated the company has had problems identifying odors in the past, as they were not notified of odor complaints in a timely manner. He stated A-1 Organics will investigate the use of continuous odor monitors, and plan to add monitors to assist in detection of strong odors. He stated the facility has an on-site meteorological system,and the company agrees that most of the odor problems arise during inversion type situations; therefore, the company will utilize the system to determine the correlation between inversion situations and odor problems. He further stated that if a correlation is found, the company will commit to alter their management practices so that odors will not be trapped during inversion situations. Mr. Parish stated the company also discussed planting tree breaks at appropriate locations, building a berm to avoid channeling air to the Guttersen property,and fans and other mechanisms to break up odor situations. He stated staff will monitor air emissions, and gather data to assess if odors conditions improve or worsen, and the company will share the results with surrounding neighbors. He further stated the Guttersen family believes past efforts of A-1 Organics have not shown any improvement, which is a serious matter that deserves attention;however,the Guttersen family feels that A-1 Organics will have better communication, and work to provide potential solutions to odor problems in the near future. He stated the Guttersen family will demand steady improvement and compliance from A-1 Organics, and he provided a summary of his comments, marked Exhibit A. Mr.Yost stated a tentative agreement has been reached with the Guttersen family;however,A-1 Organics has a long-standing history of being responsive to the complaints of surrounding property owners. He stated the company is committed to researching and improving current operations at the facility. Commissioner Vaad expressed his appreciation to A-1 Organics and the Guttersen family for engaging in discussion, and provided information regarding an Agricultural Conference at Colorado State University. TrevorJiricek, Department of Public Health and Environment, stated he can attest to the proactive nature of A-1 Organics since he has personally worked with the company for over 15 years. Commissioner Vaad moved to approve said letter agreement and authorize the Chair to sign. The motion was seconded by Commissioner Masden. Commissioner Jerke stated he does not support the motion,since he has issues with the past performance of A-1 Organics. He stated more attention should be given to the ongoing concerns voiced by the neighbors before granting approval of an experimental process. There being no further discussion, the motion carried four to one with Commissioner Jerke in opposition. PLANNING: CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1501 -ANDERSEN PROPERTIES, LLC: Sheri Lockman, Department of Planning Services, stated the applicant has submitted an Improvements Agreement for items that need to be completed on-site, including a portion of the fencing and placement of trees. She stated staff recommends approval of the agreement. Commissioner Jerke moved to approve said Improvements Agreement, authorize the Chair to sign, and accept said collateral. Seconded by Commissioner Masden, the motion carried unanimously. CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1005-PERCY HAMILTON: Ms. Lockman stated the applicant has requested release of collateral, in the amount of$60,000.00. She stated the Department has reviewed the improvements,and recommends full release of the collateral. Commissioner Long moved to approve said cancellation and release of collateral. Seconded by Commissioner Vaad, the motion carried unanimously. Minutes, February 6, 2006 2006-0397 Page 3 BC0016 RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the consent agenda. No Ordinances were approved. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 9:50 a.m. BOARD OF C UNTY COMMISSIONERS WELD CO , COLORADO ATTEST: ,,, tr s-%2 Weld County Clerk to the Board k BY: CA �G David E. Long, Pro-Tem De ty Cle to the Boar 1/MaiR H. Jerke Robee'I/////JD. Massdd/$n Glenn Vaad Minutes, February 6, 2006 2006-0397 Page 4 BC0016 Hello