HomeMy WebLinkAbout850793.tiff RESOLUTION
RE: ACCEPT STIPULATION REGARDING APPEAL OF CEASE AND DESIST ORDER
ISSUED TO MONSON BROTHERS COMPANY
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, the Board of County Commissioners held a public
hearing on the 11th day of September, 1985 , at the hour of 2 : 00
p.m. in the Chambers of the Board for the purpose of reviewing the
Stipulation for disposal of onions between the Weld County Health
Department and Monson Brothers Company, and
WHEREAS, this matter was before this Board under an appeal
from a Cease and Desist Order issued to Monson Brothers Company by
the Weld County Board of Health pertaining to a nuisance
maintained by Monson Brothers Company, and
WHEREAS, after review, the Board finds that there is
sufficient evidence to support said Stipulation, a copy being
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Stipulation for
the disposal of onions between the Weld County Health Department
and Monson Brothers Company be, and hereby is, accepted and made a
Cease and Desist Order of this Board.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 11th day of
September, A.D. , 1985 .
/j t • BOARD OF COUNTY COMMISSIONERS
ATTEST: (��,,,,r� �-v WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board Ja line Johnson, Chairman
(*Lai-Ica)' L�K� cr1� n- Gene R. Brantner, Pro-Tem
teputy County Clerk
/
APPROVED AS TO FORM: C.W. K rb
I/aCounty Atto e
� Fr. Yamagu
850793
.,i -/
STIPULATION
DOCKET NO. 85-23
RE: APPEAL OF CEASE AND DESIST ORDER ISSUED TO MONSON BROTHERS
COMPANY
COMES NOW the parties, the Weld County Health Department and
Monson Brothers Company (Monson) , and pursuant to the Board of
County Commissioners Resolution of August 14, 1985 , approving the
Stipulation of the parties with certain interim details to be
considered further, and submit the following Stipulation:
1 . That with respect to the property at issue regarding
Monson ' s disposal of onion culls and debris in a field along Eaton
Draw west of North First Avenue, Greeley, Colorado, also known as
Weld County Road 41 between Weld County 64 (0 Street) and Weld
County Road 66 south of the railroad right-of-way, the parties
stipulate and agree as to the method of disposal of "cull" onions
from Monson ' s produce operation as set forth herein.
2 . As previously ordered by the Board of County
Commissioners:
a. From the beginning of the season in late summer
until ground conditions prohibit disking and
plowing, onion culls and debris may be applied to
the fields and incorporated into the soil by
disking every week and covered by plowing under
every two weeks. The spreading, disking and
plowing will be done by sections of the field so as
to allow time for decomposition before the next
application of onion culls and debris to a
particular section.
b. That on or before October 1 of each year the
Monsons will dig an open trench to be used when
ground conditions do not permit disking and plowing
during the colder seasons of the year.
3 . At no time shall emissions of odorous air contaminants
from the disposal site result in detectable odors after the
odorous air has been diluted with seven or more volumes of
odor-free air measured at any point on the property line
surrounding the disposal site.
4 . When the trench is in use, at no time shall emissions of
odorous air contaminants from the trench result in detectable
odors after the odorous air has been diluted with seven or more
volumes of odor-free air, measured at a distance 25 feet from the
trench in any direction.
5 . That odor emissions shall be measured according to
"Regulation No. 2" of the Colorado Air Pollution Control
Commission, also known as 5 CCR 1001-4 , page 1 .
6 . During the use of the trench, at no time should there be
found in the trench a concentration of flying insects, listed or
similar to those in Attachment "A" according to standard taxanomic
categories and generally known as flies, gnats, and other related
insects and excluding those listed or similar to those listed in
Attachment "B. " This standard shall prohibit ten or more flying
insects of the same apparent genus from being found on the
undisturbed surface within a concentration of one square meter.
7. The onion culls and debris in the trench shall be
covered with at least six inches of soil on or before the first
day of March of every year and on a weekly basis thereafter.
8 . That within six hours of a determination by
representatives of the Department that there is non-compliance of
these criteria, Monson will be advised by written notice or
telephone, and Monson agrees to cover the cull onions and debris
in the trench with at least six inches of soil or to disk and plow
onion culls and debris in the field as appropriate within 36 hours
of notice.
9 . Monson hereby grants to the Department personnel
permission to enter upon and inspect the onion disposal field and
trenches as reasonably necessary to inspect and investigate any
complaints of non-compliance.
10 . That either party may request a review of the terms and
conditions of this stipulation at any time but substantial changes
in the agreement shall not become effective until reviewed and
approved at a regularly scheduled Board of County Commissioners
meeting. A meeting shall be held prior to the commencement of
disposal of onion culls and debris for the 1986-87 season. The
Department intends to seek input from surrounding property owners
prior to any such review session.
DATE: / // 5 WELD COUNTY HEALTH DEPARTMENT
��
By: '
MONSO T S PANY
ATTACHMENT "A"
Common Name Genera
Sand Fly Phlebotomus
Midges, No-see-ums Culicoides, Leptoconops,
Lashiohelea, Holoconops
Horsefly Tabanus
Deerfly Chrysops
Housefly Musca
Stablefly (biting) Stomoxys
Hornfly Siphona
Lesser Housefly Fannia
American Screw Worm Fly Callitroga
Blowfly (Blue Bottle Fly) Calliphora
Green Bottle Fly Lucilia
Cluster Fly Pollenia
American Cockroach Periphaneta
Buffalo Gnat (Black Fly) Simulium
Snipe Fly Symphoromyia
ATTACHMENT "B"
Common Name Genera
Mosquitoes Anopheles, Ades, Culex
Grasshopper Orthoptera
Grasshopper, American Schistocerca
Grasshopper, Carolina Dissosterira
Grasshopper, Lubber Brachystola
Grasshopper, Migratory Melanoplus
Moths and Butterflies Lepidoptera
Bees, Wasps, and Ants Hymenoptera
Walking Sticks Diapheromera
Katydid, Bush Scudderia
Katydid, True Peterophylla
Cricket Orthopetera
Cricket, Mole Gryllotalpa
Cricket, Camel Ceuthophilus
Cricket, Field Acheta
Earwigs Dermaptera
Termites Isoptera
Treehoppers Ceresa
Annual Cicada Tibicen
Aphids Aphidae
Dragonflies Odonta
Mayflies Ephemerida
Stoneflies Plecoptera
Lacewings and Antlions Neuroptera
Praying Mantis Paragtenodera
Beetles Celeoptera
Caddisflies Trichoptera
Scorpionflies Mecoptera
HEARING CERTIFICATION
DOCKET NO. 85-23
RE: REVIEW OF STIPULATION FOR DISPOSAL OF ONIONS - MONSON BROTHERS
COMPANY
A public hearing was conducted on September 11, 1985, at 2:00 P.M. ,
with the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated August 14, 1985, and
duly published August 29, 1985, in the Johnstown Breeze, a public
hearing was conducted to review the Stipulation for disposal of onions
submitted by Monson Brothers Company. Lee Morrison, Assistant County
Attorney, made this matter of record. Chairman Johnson reviewed the
previous action taken concerning this matter and Wes Potter, Health
Department representative, provided a further review of the steps taken
prior to this hearing, stating that the only purpose of this hearing is
to discuss the specifics of the Stipulation. Chairman Johnson outlined
the procedures to be followed during this hearing. Mr. Potter read the
Stipulation into the record, after which he provided an explanation of
the various terms of the Stipulation and answered questions of the
Board. Roger Klein, Attorney for Monson Brothers, stated that this
Stipulation is the result of much negotiation and Monson Brothers has
agreed to it reluctantly. Arthur Roy, Attorney representing some of
the neighbors, stated that they would like the winter trench covered
weekly and pointed out that the Stipulation does not establish a
penalty. Chuck Carlson, a neighbor, also asked that the cull onions be
covered weekly to prevent the spread of onion diseases. Dorothy Zabka
presented each member of the Board with a copy of a letter from Dr.
Howard Schwartz of CSU. Following discussion, Commissioner Lacy moved
to accept the Stipulation between the Weld County Health Department and
Monson Brothers Company. Commissioner Yamaguchi seconded the motion.
Commissioners Brantner and Kirby both commented that the Stipulation
provides for a review to be conducted next year. The motion carried
unanimously.
The Certification was approved on the 16th day of September, A.D. ,
1985.
APPROVED:
�� �J BOARD OF COUNTY COMMISSIONERS
ATTEST: a4A-n WW2tani WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Boa Jac Aline Johnson, Chairman
&Y_ p"7JLr/vc 0i( t; 1 Pr) 1�Qi�/ne eat
-
D ut County Cl Gene R.rantr, Pro-Tem
C.W. Kirby
TAPE #85-78
G d:' "'S" c
DOCKET #85-23 y/% 7
LHR 2264 h L
Frank Ya ag c -
•
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # 85-63 - USR-BASIN EXPLORATION, INC. (65-5-16)
DOCKET # 85-64 - USR-BASIN EXPLORATION, INC. (66-5-34)
DOCKET # 85-23 - REVIEW OF STIPULATION - MONSON BROTHERS COMPANY
PLEASE write or print legibly your - name, address and the DOC # (as listed
above) or the applicants name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
4 �c14 e0u+ ] Net Iop)
,vno 1 . - 0z 3.61 AiR.AAA9l A MtAsc� reps /�°b
a— err-/s------�.Cgli
4�-,- 7700 (9 /V
6 " tOkk 914.. !te.ttli o a),
,rah k, +x !/) fl1. ACA, ye/7F toi2() (, ,_t ' a;bu.m .49 Qm,aken-..,
3 , ,
fl(k)
TR iii. ELI
C1,062....4± . • - l'1.' ne/1). ., 4,
Ka' agESC
, b 2/3— o�- � ,
NOT I C E
Pursuant to the laws of the State of Colorado and Weld County Ordinance No.
56, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915
10th Street, First Floor, Greeley, Colorado, at the time specified to review
the Stipulation for disposal of onions submitted by Monson Brothers Company.
All persons in any manner interested in this matter are requested to attend
and may be heard.
Should any interested party desire the presence of a certified court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the Board's
Office can be contacted for a list of certified court reporters in the area.
If a court reporter is obtained, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that written materials may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 85-23
RE: Review of Stipulation for disposal of onions submitted by:
Monson Brothers Company
31466 Weld County Road 39}
Greeley, Colorado 80631
DATE: September 11, 1985
TIME: 2:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: August 14, 1985
PUBLISHED: August 29, 1985, in the Johnstown Breeze
. B AFFIDAVIT OF PUBLICATION
Pursuat nlaws of the state
of Colorado rote WWn Canty
'Ordinance No. Si,, a�.public
=witty wit ba rq Ste THE JOHNSTOWN BREEZE
Stordetto�.�.unt STATE OF COLORADO 1
TF(�y11� 1 SS
Fdowoe i� 18a COUNTY Oh' WELD
thed on .pie I, Clyde Briggs, do solemnly swear that 1
Stiout*Plaid M Brats am publisher of The Johnstown Breeze;
trot t� tit laity that the same is a weekly newspaper
s ue Sigeactagg may printed, in whole or in part, and published
in the County of Weld, Stale of Colorado,
go,�Cheeta6 r��gtilt
el: of is led and has a general circulation therein; that
court
amM addidan iosaid newspaper has been published
the�twhich hearing, lbbee continuously and uninterruptedly in said
es m to ae atlae SHOWcan
County of Weld for a period of more than
court. - In the, nry;..lf a
fifty-two consecutive weeks prior to the
Ccourt ttr a e
is o St 'the first publication of the annexed legal notice
be writing such or advertisement; that said newspaper has
con at fly*daps Oa i o been admitted to the United States mails as
the Merino,r n mutt home by
ng second-class matter under the provisions or
the rogue party. the Act of March 3, 1879, or any
BtftALBOialOWN that written amendments thereof, and that said
materials may be examined In newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the
office
the o of ms cieri to thelaws of the State of Colorado.
Board County t cammiaaio Weld onnenrts,, That the annexed legal notice or advertise-
loaded Carta THIS 10m ment was published in the regular and
West; Third 'ricer. (Resin - entire issue of every number of said weekly
coloreds'. newspaper for the period of ...1. consecu-
DOCKET NO. 86-23 live insertions; and that the first
RE: Revieiy of _gbpuiation for publication of said notice was in the issue of
dgtrAptM M�i�by said newspaper d,itr•d (/2:4, A\ D. ia,
Monson 31488�-Weld
�� County . and that the last publication of said notice
Road Gresiey. Cpbrado was in the issue of said newspaper dated
e083ti A.D. 19
DATE: September 11, '1985 In witness wlwreeof I have hereunto set
TIME: 2:00 P.M. my han tyl 's . . 1 day of ....n my.)...,
BOARD OF fMINTY
Mf1ERB A.D. 19. .S
' WELD TY,
COL DO
BY: MARX ANN " "' '
FEVERSTEIN Publisher
COONTN AND
RECORDEFt T�BOARD
BY: May Puff, F1aPuh Subscribed and sworn to before me, a
DATEDr August 101988. . Notary Public in and for the County of
PUBLISHED:August 29,1985,in We14, State of Colorado, this r9.... day of
the Johnstown Breeze A.D. 1 ,2....
—�
Notary Public
- _ lotto id, ]4117
2 a..-Wl, ` ,.venue
My conit'flvstiiwn FApiitg9- i4
Cooperative Extension Service
Colorado State University ,
Fort Collins, Colorado
80523
September 2, 1985
Dorothy Martin
Martin Produce
P. 0. Box 446
Greeley, Colorado 80631
Dear Dorothy:
I share your concern regarding the proper and timely disposal of onion culls
in Weld County and other onion growing regions of the state. Culls and
onion debris can serve as inoculum sources for pathogen survival and
thereby contribute to disease outbreaks. This is especially true for two
foliar and storage rot diseases of interest to me, namely Purple Blotch and
Botrytis Neck Rot. My research has determined that the new onion crop enters
storage contaminated by these types of pathogens, especially Botrytis. Disease
management strategies need to reduce this level of contamination_ by
eliminating or reducing sources of inoculum, i .e. , culls and debris; by
following recommended irrigation, fertility and harvest programs; and by
protecting onion foliage and necks late in the season with recommended
fungicides.
Proper onion cull disposal is very critical to minimize opportunities for
contamination by fungal spores blown from culls to new crop onions in the
field or windrow. Improperly disposed transplant or early seeded culls
(processed during the last few weeks) could provide inoculum sources for
contamination of seeded onion fields which have not been harvested yet,
thereby contributing to their decline and shortened storage life. These
late summer/early fall culls should be covered weekly to minimize this risk
to the onion crop in Weld County. Likewise, all culls should be covered by
early March when the new crop is planted in the spring.
I do not feel that late fall/early winter culls pose a serious threat
to next year's onion crop, but certainly agree that it is in the onion
industry's best interest to minimize the cull nuisance to their fellow
citizens.
Si rely,
Dr. Howard F. Schwartz
Research and Extension
Plant Pathologist
HFS:jw
/�/ Colorado State University and U.S. Department of Agriculture Cooperating
EORRflDU
Wes Potter
k• To Health Department Date September 7 , 1984
COLORADO From Clerk to the Board' s Office
Subject: Petition re: Monson Brothers
The attached petition was considered at the Board meeting on
September 5, 1984 . The Board voted to refer this petition to the
Health Department for a recommendation.
Please submit a written copy of your recommendation to the Clerk
to the Board as quickly as possible.
Thank you
Mary Ann Feuerstein
Weld County Clerk and Recorder
i - firer,,, Vic-/64'z t /5(/r_.7 i
August 29, 19 #ro, n
To Whom It May Concern: 44, y, ?,
We the landowners and residents adjoining and living 198y /
the neighborhood of Monson Feedlot operated by Koehler Bros:�s.
and Monson Brothers dumping ground for their rotten onions, Co<o
wish to lodge a formal complaint against the aforementioned •
people.
The Weld County Extension Office has letters and facts
proving that dumping of rotten onions on open ground not being
covered is a breeding ground for diseases in onions. The onions
attract bugs, flys, knats, and emit a very strong odor. The
feedlot, with live rats is also an unhealthy situation.
We have been trying to resolve this situation for two years
with the Health Department. We do not get any satisfactory
results. If something is not done in the immediate future, we
as residents and landowners are planning to sue the Health
Department , County Commissioners , Monson Brothers, and the
Koehler Bros.
AME ADDRESS
Z/60/ L1J . JC y7
in/1 1 . ^ �. I-LtA-'C G 9 4/ /S Q Jc
l IC
vc v L., 11a_-�( � : col I
G G F 2
(e.`1!_ N? 1 ` (L
acij`L.'6/«c= ' 777 °/7 )1)-U
(-4;-,24,' L'otu--/ 4/ ti /C 5 c-gi<d 0 Ali . ,}h- i 1-
f c) 2/.3>z r
. 3/3 cc:,. (_R. e-il
t j JC
/" 7---
IAter,
r
IOC/ Al.' .---77,,eG,2AE4.cy Colo, .‘,‘3i
/nsl N /a-iTu /,x Cle-G�
— z 137 � +
August 29 , 1984
To Whom It May Concern :
We the landowners and residents adjoining and living in
the neighborhood of Monson Feedlot operated by Koehler Bros. ,
and Monson Brothers dumping ground for their rotten onions ,
wish to lodge a formal complaint against the aforementioned
people.
The Weld County Extension Office has letters and facts
proving that dumping of rotten onions on open ground not being
covered is a breeding ground for diseases in onions. The onions
attract bugs, flys, knats, and emit a very strong odor. The
' feedlot, with live rats is also an unhealthy situation.
We have been trying to resolve this situation for two years
with the Health Department. We do not get any satisfactory
results. If something is not done in the immediate future, we
as residents and landowners are planning to sue the Health
Department , County Commissioners , Monson Brothers, and the
Koehler Bros.
N ADDRESS
(Cf � /, p / // 1//li//,,rrl -a_-/
-.- L 0 (C/it, IX__ /Y- `i-9 - N - / - L� �,(�2
_ tNNv� - 1q. -- O — Ss .
alle--
"`--'-" l7‘' -- 0 — — et z
'_ :. L c ,_ter , ( �Z_
� � �- d
- 7
�� n� �_ � �
�� �- C"1 -�- (----->2
=
_i�La.„r,.t. 0 - « I CS j -'h,c_i; I" /- 67 44,i,,e,__>_
laiei DEPARTMENT OF HEALTH
PHONE(303)353-0540
�,, ` 1516 HOSPITAL ROAD
k, GREELEY, COLORADO 80631
4 Y( rF{ kT d��
t r hJ "L
COLORADO v�EO ,{ ,1„,tF�
September 12, 1986 ''� �A
SEP22 VI.;}
Cataga
Monson Brothers Company
31466 WCR #391
Greeley, CO 80631
Dear Sir,
In response to a complaint from neighboring property owners, an investigation
regarding odor problems was conducted by Scott Perkins, Environmental Health
Specialist and Wes Potter, Director, Health Protection Services at the onion
disposal site along Eaton Draw west of North First Street, Greeley, Colorado,
on 12 September 1986.
The conditions observed by the staff at that time revealed that the site was
covered almost completely with onions in various states of deterioration and
putrefication. The site does not appear to have been plowed for quite some
time although there was evidence of recent disking. The disking is not
sufficient to reduce and control the odor. Odor readings were taken at that
time and consecutive readings taken at various locations around the site
including a position on the east side of 1st Avenue revealed violations of the
levels established in the stipulations of the agreement between the Weld
County Health Department and Monson Brothers Company pursuant to the Eoard of
County Commissioners resolution of August 14, 1985. The odor emissions level
readings were measured according to "Regulation No. 2" of the Colorado Air
Pollution Control Commission, also known as 5 CCR 1001-4 page 1.
Pursuant to the above mentioned agreement, the Weld County Health Department
hereby provides written notice that the violation condition exists and request
compliance.
Respectfully,
i
Wes Potter, Director •
Health Protection Services
WP/taj
By Direction of Ralph R. Wooley, M.D. , Director, Weld County Health Department
cc: Jackie Johnson, Chairwoman, Weld County Commissioners
Lee Morrison, Assistant County Attorney
I $ON 8/
jek1ROWE\V�1'
•
HOME OFFICE SHIPPER
P.O. Box 1426 P.O. Box 278
Greeley, Colorado 80632 Carrizo Springs, Texas 78834
Phone: 303-352-2671 Phone: 512-876-2443
September 13, 1986 Cfiw'r,
Weld County Colorado SEP 1
Department of Health 71986
1516 Hospital Road crttr
Greeley, Colorado 80631 y c
Dear Sirs:
In response to your letter dated September 12, 1986 we deny any violation
of the stipulation and agreement between the Weld County Health Department and
Monson Bros, Co. .
We have disked every Tuesday and plowed every other Friday since we started
our shipping season for 1986. The first day we disked was August 5th and we have
disked every Tuesday since then and plowed every other Friday. We feel its
important for the Health Department to know our schedule so they can observe
the disking and plowing instead of letting neighbors tell them what we are not
doing.
In response to the odor violation we deny that we were in violation also.
At the time the readings were taken, there was insulage being hauled and put into
pits just south of our field. We feel that was the origin of the odor and
putrefication that was recorded.
Due to the extensive tillage and lack of moisture during the season. The
ground appears very fine with no visable plow shear slicker. Immediately after
we plow, we mulch which gives an added appearance of no plowing.
Sincerely,
7 :77.‘
Marlen K. Monson
CC: Roger Klein, atty.
Jackie Johnson, Chairwoman Weld County Commissioners
Lee Morrison, Assistant County Attorney rgd9
9-39-8b
Hello