HomeMy WebLinkAbout20012698.tiff 1
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3 TRANSCRIPT OF TAPE RECORDED MEETING
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5 BOARD OF COUNTY COMMISSIONERS MEETING: CONSIDER SETTING
6 A NEW HEARING DATE TO DETERMINE WHETHER GOOD CAUSE EXISTS
7 FOR REVOCATION OF SITE SPECIFIC DEVELOPMENT PLAN AND
8 USE BY SPECIAL REVIEW PERMIT#1198
9 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
10 (BRINE WATER DISPOSAL) IN THE A(AGRICULTURAL) ZONE DISTRICT
11 (CONTINUED FROM JUNE 11, 2001)
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13 CONDUCTED ON JUNE 18, 2001
14 (PORTION OF TAPE#2001-25)
TA
17
18 THOSE PRESENT
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20 WELD COUNTY COMMISSIONERS:
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22 M.J. GEILE, Chair
23 GLENN VAAD, Pro-Tern
24 WILLIAM H. JERKE
25 ROBERT D. MASDEN
26 DAVID E. LONG
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28 ALSO PRESENT:
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30 BRUCE BARKER, Esq., County Attorney.
31 LEE MORRISON, Esq., Assistant County Attorney
32 BETHANY SALZMAN, Department of Planning Services
33 CINDI ETCHEVERRY, Department of Public Health and Environment
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35 SPEAKING TO THE SHOW CAUSE ORDER
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37 JOHN MAHONEY, Esq., appearing on behalf of Enviro-Cycle
38 MIKE CERVI, Enviro-Cycle
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2 PROCEEDINGS
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4 CHAIR GEILE: Next item,Consider Setting a New Hearing Date to Determine
5 Whether Good Cause Exists for Revocation of Site Specific Development Plan and Use by Special
6 Review Permit#1198 for an Oil and Gas Support and Service Facility(Brine Water Disposal)in the
7 A (Agricultural) Zone District, this is continued from June 11, 2001. Counsel?
8 MR. BARKER: Go ahead, have Cindi or Bethany go ahead.
9 MS. SALZMAN: Bethany Salzman. This is for Enviro-Cycle, in care of Mr.
10 Mike Cervi. Case number ZCH-2000-002, also known as Violation VI-01-000001, also known as
11 USR-1198. The legal description is part of the northwest quarter of the northwest quarter of Section
12 32,Township 4 North,Range 65 West of the 6th P.M.,Weld County,Colorado. This case is coming
13 before the Board as a result of some issues that had arisen. Currently,the property has brought most
14 of the items in compliance. After speaking with the Health Department there are two concerns that
15 the Health Department still has, they would like to see, to make sure that the June sampling is
16 completed on the property and, additionally, the Waste Management Plan is finalized. The
17 Department of Planning Services, in addition to those concerns, has a concern of the last three
18 inspections of us attending the property,a manager was not present. This would also include the last
19 inspection conducted on June 1,2001. We would be in support of moving this hearing forward or,
20 it's at the Board's discretion.
21 MR.BARKER: Mr.Chairman,I think the notice for today's hearing was to go
22 ahead and set the matter for the 25th, I believe, is that correct, Mr. Morrison?
23 MR. MORRISON: Yes.
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1 CHAIR GEILE: Okay. Are there any questions of staff? If not,is there anyone
2 in the audience who would wish to speak to this matter,this morning? If so,would you please come
3 forth and give your name and address for the record.
4 MR. DINNER: Good morning, Mr. Barker, good morning, Commissioners.
5 As most of you are aware,my name is Melvin Dinner,I am an attorney with offices at 540 Bank One
6 Plaza, 822 7th Street, Greeley, Colorado. I welcome the opportunity to be here with you this
7 morning. Some of you were here when I appeared in May of 1999 at the time of the approval of the
8 application for USR#1198. And as you know, at that particular time you granted the approval of
9 the brine waste water injection plan which is part of this process that we're dealing with today. I
10 would also like to indicate that I have present and available,and they are available to answer any and
11 all questions that either Mr. Barker or any of you Commissioners have, including Randi Burnell,
12 would you stand up a moment, Randi? Thank you. And Mr. Mike Cervi, who is the manager and
13 member of Enviro-Cycle,LLC,which is the owner of the property in question. Mike,if you would
14 stand up this morning.
15 I might take a moment before we get started so you understand the background of the
16 people who are here today and who are able to answer questions (inaudible) as the attorney
17 representing Enviro-Cycle,LLC. Randi Burnell is 32 years of age, she is married,has two children,
18 and works in Kersey. With regards to her background so that you understand, she is the manager
19 of the Enviro-Cycle plant located somewhere up here, LaSalle, Colorado. Randi is a graduate of
20 Eaton High School, she just attended, after graduation, a number of years of college in the State of
21 Wyoming, and for the last (inaudible) four years prior to commencement of her work at Enviro-
22 Cycle, she was an employee of Con-Agra. She was an employee and working as an industrial
23 engineer,as an environmental engineer,and as a safety department engineer,doing all kinds of these
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1 industrial, environmental, and safety issues. And she is the present manager of Enviro-Cycle. And
2 has been so since(inaudible)February of this year. Is that correct,Randi? In addition to those types
3 of educational experience and background and work experience, she has also attended the seminars
4 in Denver, etc., dealing with these environmental issues. So that, to the extent that she has
5 background, yes, she has background both by way of work experience and education.
6 With regards to Mr. Cervi,I guess this is an interesting story because his family has
7 been involved in the farming and ranching business and oil and gas for a period since,roughly,about
8 1873, when his grandfather homesteaded property here in Weld County.
9 CHAIR GEILE: Mr.Dinner,if I,I apologize for interrupting you,but we're not
10 doing the Show Cause Hearing today. All we're doing is just determining if we're going to move
11 it to June 25th.
12 MR.DINNER: The purpose of my comments here today,if I may,indicate that
13 I do not believe,quite frankly,that there is any good reason,nor is there good cause,to schedule any
14 further hearings. As far as I am concerned and,based upon the information that I have, and based
15 upon what I have learned from(inaudible). It is quite apparent(inaudible) and they are basically in
16 compliance with these matters. And that is our position,that they are in compliance. So that's what
17 I'm attempting to say to you, I find no reason today to schedule any further hearings or to establish
18 any so called good cause as a basis for a hearing for any such revocation. And that's why I was
19 commenting about the fact that it was roughly two years ago that I appeared that provided for the
20 granting of this USR 1198.
21 MR. BARKER: Mr. Chairman, I might interject that the matter is currently
22 scheduled for July 25th and what you were to consider today was just bumping that date from July
23 25th up to June 25th. Maybe, it might of been July 27th, but, it is in the later part of July that it's
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1 currently scheduled for. So, it is now scheduled for a later hearing.
2 CHAIR GEILE: Well,and counsel I'm wondering,it looks as if,if we proceed
3 the way Mr. Dinner is, is proposing this morning,there are a lot of people in the audience who are
4 probably going to be taking the rest of the morning to hear,to hear the case,because I think what you
5 are asking us is to hear it today because you're asking us to schedule no further hearing dates. I'm
6 not sure we're prepared to do that this morning. Counsel, is that your point?
7 MR.BARKER: That's correct. And really,the notice said consider request for
8 an earlier hearing date, so it's just bumping that date up to June 25th.
9 CHAIR GEILE: Yeah. But,ah,counsel is arguing that we should not schedule
10 any further dates. That could be done when we schedule it on the, if we were to move it to June
11 25th, that argument, those arguments or presentation can be made at that time.
12 MR. BARKER: That's correct.
13 CHAIR GEILE: Okay. And that's what I'm trying to determine this morning,
14 MR. DINNER: That's correct your,your, Commissioner, I don't dispute the
15 fact that there was a date in July and there was a request. It's our position that they are in compliance
16 and there is no need of scheduling any further hearings.
17 CHAIR GEILE: But I'm not sure we're prepared to hear the basis,because if
18 we do that then we're going to have to open up a lot of testimony this morning that,there are people
19 here to speak, and I think all we're here to do today is just to set the hearing date. At that time,then
20 all the testimony for any future hearing dates can be presented.
21 MR. DINNER: Mr. (inaudible)
22 CHAIR GEILE: Counsel.
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1 MR.DINNER: Mr.Cervi determined whether he was available next Monday,
2 he (inaudible) I assume that's when you're planning on having this matter heard?
3 CHAIR GEILE: Yes, it would be for scheduled for 9:00 o'clock or 10:00
4 o'clock? 10:00 o'clock.
5 MR. DINNER: 10:00 o'clock?
6 CHAIR GEILE: Yes.
7 MR. DINNER: (Inaudible)the time of the day?
8 CHAIR GEILE: Yes. And,really,anybody who would testify today, counsel,
9 would just be testifying to a problem with that date. And I think the basis of going, of moving back
10 to that date would be presented today, also. But we're just talking about moving the date to June
11 25th and that's all. Testimony that goes with the application would be heard,I mean the Show Cause
12 Hearing, then, would be presented at that time.
13 MR. DINNER: Thank you.
14 CHAIR GEILE: So that's all we're talking about today,just setting the date to
15 June 25th.
16 MR. BARKER: That's correct.
17 CHAIR GEILE: All right. Is there any, counsel, I apologize for interrupting
18 you,but that's the basis, okay.
19 MR. DINNER: That's all right. (Inaudible).
20 CHAIR GEILE: Is there anyone else in the audience who wishes to comment
21 about setting the date to June 25th? Let the record show that there is not. So the matter before the
22 Board would be to set Show Cause Hearing for Special Review Permit 1198 for an Oil and Gas
23 Support and Gas Facility, to set that Show Cause Hearing for June 25th at 10:00 o'clock in these
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1 Chambers.
2 COMMISSIONER JERICE: Move to approve the resolution.
3 COMMISSIONER MASDEN: Second.
4 CHAIR GEILE: It's been moved by Commissioner Jerke, Rob, is there any
5 further discussion? It's been moved by Commissioner Jerke, seconded by Masden to approve the
6 resolution. Is there any further discussion? If not, all in favor signify by saying aye.
7 COMMISSIONERS JERKE, LONG, MASDEN, AND VAAD: Aye.
8 CHAIR GEILE: Opposed,same? Motion carried. Thank you. That concludes
9 the business we have before us this morning. I will adjourn the Board of County Commissioners.
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CERTIFICATE
I,CAROL A. HARDING,Deputy Clerk to the Board of County Commissioners,do hereby
certify that the foregoing was transcribed on September 17, 18, 19,and 20,2001,from various taped
recordings of the Board of County Commissioners meetings which were recorded at the Weld
County Centennial Center,915 10th Street,Greeley,Colorado,by myself,Acting Clerk to the Board;
and that the foregoing is an accurate transcript of the proceedings at that time.
I further certify that I am not related to any party herein or their counsel, and that I am
employed as Office Manager Coordinator in the office of the Weld County Clerk to the Board.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the County
of Weld this 20th day of September, 2001.
c . 4.A,el/4/771-1;"
® CAROL A. HARDI
861 �'� Deputy Clerk to the Board
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