HomeMy WebLinkAbout850792.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF STIPULATION - 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, on July 17, 1985 , a public hearing was held to
consider an appeal to a Cease and Desist Order which was issued to
Monson Brothers Company concerning disposal of onion debris and
culls, and
WHEREAS, at said hearing a Stipulation to resolve the matter
of the disposal of onion debris and culls was presented to the
Board for its consideration, and
WHEREAS, the acceptance of said Stipulation resulted in a tie
vote with Commissioners Lacy and Yamaguchi voting aye and
Commissioners Brantner and Kirby voting nay, and
WHERAS , Commissioner Johnson was excused from said hearing;
therefore, it was determined that she would listen to the tape of
this hearing and review the materials previously submitted
concerning this matter and vote on the acceptance of the
Stipulation at the regular Board meeting of August 14 , 1985 , and
WHEREAS, at the Board meeting of August 14 , 1985 ,
Commissioner Johnson voted for the acceptance of the Stipulation
proposed by Monson Brothers Company; therefore, the motion to
accept said Stipulation passed by a vote of three to two, and
WHEREAS, at said meeting of August 14 , 1985 , the Board
determined that a hearing be set for September 11 , 1985 , at 2 :00
P.M. , for the purpose of reviewing the interim details of the
Stipulation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Stipulation
concerning the disposal of onion debris and culls proposed by
Monson Brothers Company be, and hereby is , accepted.
BE IT FURTHER RESOLVED by the Board that a hearing to review
the interim details of said Stipulation be scheduled for September
11 , 1985 , at 2 :00 P.M.
550792
;,, ,
PL IRO
Page 2
RE: ACCEPTANCE OF STIPULATION - MONSON BROTHERS
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of
August, A.D. , 1985 .
�y� /J �j BOARD OF COUNTY COMMISSIONERS
ATTEST: i Il L2innn T� i:nd WELD COUNTY, COLORADO
Weld County Clerk and Recorder r q bvo (AYE)
and Clerk to the Board dine J nson, Chairman
(NAY)
BY: eittai ene R. Brantner, Pro-Tem
Deputy County C erk
(NAY)
APPROVED AS TO FORM: C.W. Kir
>YZ :AYE)
d Go a
<'
County Attorney (AYE)
Frank Yama chi
HEARING CERTIFICATION
DOCKET NO. 85-23
RE: APPEAL OF CEASE AND DESIST ORDER ISSUED TO MONSON BROTHERS COMPANY
(CONT. FROM JUNE 5, 1985)
A public hearing was conducted on July 17, 1985, at 2:00 P.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman - Excused
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Health Department representative, Wes Potter
Court Reporter, Marti Judson
The following business was transacted:
I hereby certify that pursuant to a notice dated April 29, 1985, and
duly published May 23, 1985, in the Johnstown Breeze, a public hearing
was conducted to consider the Appeal to the Cease and Desist Order
issued to Monson Brothers Company. Chairman Pro—Tem Brantner said an
agreement between the Health Department and Monson Brothers Company had
been reached and is to be read into the record by Roger Klein, Attorney
representing Monson Brothers, and be considered by the Board. Lee
Morrison, Assistant County Attorney, made this matter of record, and
said it had been continued from June 5, 1985. Chairman Pro—Tem
Brantner advised the parties that there are only four Commissioners
present and if this matter should result in a tie vote, Chairman
Johnson would have to listen to the tape and cast the deciding vote.
He also asked that anyone wishing to speak at this hearing sign a card
at the Clerk's desk. One person came forward to sign. Mr. Klein came
forward and explained to the Board that he, along with his clients and
Mr. Morrison, had met with members of the Health Department to work on
an acceptable solution to this problem. He said the terms of the
agreement are: Monson Brothers Company will disk and plow the onions in
the field. The disking is to be done every week and the plowing every
two weeks. This will be done until October 1st of each year, then an
open trench will be dug to bury the onions during the colder seasons of
the year. Also, no later than March 1st of each year, the trench will
be buried. If a new trench would be needed at this time, the old
trench would be buried and a new trench opened. Mr. Klein said matters
which need to be worked out between the parties before this matter
comes before the Board again are: An interim criteria in the area of
odor, insects, and possibly temperature concerning the governing and
establishing of standards as to when any exposed onions are to be
covered at any time during the year. Mr. Klein said they tried to set
objective and fair standards which would meet the needs of the
residents as well as be economically feasible for the industry. Mr.
Potter said they had not been able to arrive at any criteria concerning
the application of the onions in the field, other than that they will
be disked weekly and plowed every other week. Mr. Potter said he had
no problem with this criteria because if there is an odor or insect
problem, by the standards yet to be set, with the onions in the field,
Mr. Monson has agreed to cover the onions. After considerable
discussion, Mr. Morrison said, if the Board wishes, it can consider the
proposed Agreement, and a motion would be appropriate to say that the
A
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Page 2
RE: CERTIFICATION - APPEAL TO CEASE & DESIST - MONSON BROTHERS
Findings are sufficient to support such an Order and that the
stipulation of the parties be adopted as an Order of this Board and
that a review date be set for the quantification of the criteria
concerning the odor and insect problem. He suggested that the date be
set for a regular Board meeting, but if an agreement has not been
reached for the quantification, then it should be reset for a hearing
on a Wednesday afternoon. A short discussion followed. Commissioner
Lacy moved to accept the motion as stated by Mr. Morrison.
Commissioner Kirby seconded the motion. There was discussion by the
Board. A member of the audience called for a Point of Order, stating
that the general public has the right to speak. He was told that there
is a motion on the floor and no further testimony is to be taken at
this time. The question was called for by Commissioner Lacy. A point
of Order was again called for from the audience. Mr. Klein stated that
he was prepared to present further evidence and witnesses, but it was
his understanding that this would not be necessary at this hearing. He
said if the Stipulation is not accepted by the Board, he would request
the opportunity to present his witnesses. The Board concurred with
this. After further comments from the audience, Mr. Klein objected,
saying that he did not feel it appropriate that any person, not a part
of these proceedings, ask that the recommendations be set aside.
Following further discussion, the question was again called for and
Chairman Pro-Tem Brantner asked to have the motion repeated. Mr.
Morrison repeated the motion for the record. On a roll-call vote, the
motion resulted in a tie vote with Commissioners Lacy and Yamaguchi
voting aye and Commissioners Brantner and Kirby voting nay; therefore,
Chairman Johnson will listen to the tape of this hearing and cast the
deciding vote. Commissioner Lacy moved to continue this hearing to
August 14, 1985, for Chairman Johnson's decision only and if her
decision is to reject the proposed Stipulation a hearing is to be set
for a later date. The motion, seconded by Commissioner Kirby, carried
unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: n „• aAAnn4FAAPtotelo:v
WELD COUNTY, COLORADO
Weld County C erk and Recorder EXCUSED
and �/Cllerk to the Board Jac�yj�e�l�inlee Johnson,,,, Chairman
-{
By: QQ -p- 11L/Ilphi � ` i�� t �� �/OM^ �Lw
Deputy County Clerk en/eR. Brantner, Pro-Tem
C.W./�K �irby
EXCUSED DATE OF SIGNING
Gordo E.. L
��,
� aW17%
Frank Yamagu i
TAPE #85-61
DOCKET #85-23
LHR 2264
. -
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # 85-43 Amend SUP, Varra Companies, Inc.
DOCKET # 85-23 Monson Brothers, Appeal of Cease & Desist Order
DOCKET # (Cont. from June 5 , 1985)
PLEASE write or print legibly your name , address and the EGO T (as 1__ted
above) or the applicants name of the hearing you are attending .
NAME ADDRESS HEARING ATTENDING
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