HomeMy WebLinkAbout870285.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER TRANSFER OF
CERTIFICATE OF DESIGNATION FOR A SOLID WASTES DISPOSAL SITE
AND FACILITY - CIRCLE "M" PARTNERSHIP/McMILL, INC.
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 15th day of April , 1987 , at the hour of 2: 00 p.m.
in the Chambers of the Board for the purpose of considering the
application from Circle "M" Partnership/McMill , inc. , for the
transfer of a Certificate of Designation to operate a solid wastes
disposal site and facility in Weld County, Colorado, and
WHEREAS, Thomas E. Hellerich, Attorney, was present to
represent Circle "M" Partnership/McMill, Inc. , and Kim Houtchens,
Attorney, was present to represent Waste Services, Inc. , and
WHEREAS, after considering some of the issues involved in
this matter, the Board deemed it advisable to continue this
hearing to May 20 , 1987 , at 2: 00 p.m. , with additional information
to be obtained and an on-site visit to be conducted by the
Commissioners prior to said date.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to
consider the application from Circle "M" Partnership/McMill, Inc. ,
for the transfer of a Certificate of Designation to operate a
solid wastes disposal site and facility in Weld County, Colorado,
be, and hereby is , continued to May 20 , 1987 , at 2: 00 p.m.
BE IT FURTHER RESOLVED by the Board that information
regarding the specific area designated for the landfill and the
State standards of operation to be used in evaluating this
application be made available to the Board prior to the above
hearing date.
BE IT FURTHER RESOLVED by the Board that an on-site visit be
conducted by the Board prior to said hearing date.
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Page 2
RE: CONTINUE HEARING - CERTIFICATE OF DESIGNATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 15th day of
April , A.D. , 1987 .
� ,4M4, BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COU OL DO
Weld County lerk and Recorder
and Clerk to the Board G . L ,, irman
(BY• tr/A-nf-c-e-- lu (�.•ir,rt/ C. . K r y, P -Tem
D puty County lerk
APPROVED AS TO FORM: Gene R. Brantner
' r — y J c i J h son
County Attorney ~
Frank Yamaguchi
870285
HEARING CERTIFICATION
DOCKET NO. 87-12
RE: TRANSFER OF CERTIFICATE OF DESIGNATION - CIRCLE "M" PARTNERSHIP/
McMILL, INC.
A public hearing was conducted on April 15, 1987, at 2:00 P.M., with
the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
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 March 9, 1987, and
duly published March 12, 1987, in the Johnstown Breeze, a public
hearing was conducted to consider the request of Circle "M"
Partnership/McMill, Inc. for a transfer of the Certificate of
Designation for the Eaton Landfill. Lee Morrison, Assistant County
Attorney, made this matter of record and noted that this hearing was
continued from March 25 at the request of the applicant. He explained
the need for the transfer of this Certificate of Designation and said
this case is complicated by a dispute between two parties as to which
is entitled to operate the landfill, with the issue being whether the
new operator is capable of meeting the standards for operating this
facility. After comments by Wes Potter, Health Department
representative, and discussion among the Board, Tom Hellerich, attorney
representing the applicant, and Kim Houtchens, attorney representing
Waste Services, Inc. , were asked to answer questions concerning who
they feel currently holds the present Certificate of Designation and
who has the legal right to possession of the facilities of the Eaton
Landfill. (Tape Change #87-31) Atter further discussion, Commissioner
Johnson moved to go into executive session for guidance relative to the
role of the County as it relates to the lease on this property, and the
responsiblity and liability of the County with regard to the action of
the Board. Commissioner Kirby seconded the motion which carried
unanimously. Upon reconvening, Commissioner Johnson suggested that the
Board proceed to hear this application considering the current
applicant as the operator. She said she felt some information was
lacking and outlined that information as being the specific area
designated for a landfill and the State standards of operation to be
used in evaluating this application. Commissioner Johnson said she
feels that the Board needs to conduct an on-site visit. She moved that
this hearing be continued to May 20, 1987, at 2:00 p.m. Commissioner
Brantner seconded the motion and it carried unanimously.
7i�,
Page 2
RE: CERTIFICATION - CIRCLE "M" PARTNERSHIP/McMILL, INC.
This Certification was approved on the 20th day of April, 1987.
ffBOARD
APPROVED:
ATTEST Q a,..A.4eu WELDOF COUNTY COMMISSIONERS
COCONT OLORADO
Weld County Clerk and Recorder
and�� Clerk to the Boa G ac , rman
D putt' County Cl k C.W Kirby, Pro-T
abe
Gene R. Bfantner
J. •,1 1'� oh s• . f
Frank Yamaguchi
TAPE #87-87-30 & #87-31
DOCKET #87-12
PLO114
870273
ATTENDANCE RECORD
PLEASE write or print legibly your name, address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY'S HEARINGS ARE AS FOLLOWS: APRIL 15, 1987
DOCKET #87-14 AMEND USR AND CERTIFICATE OF DESIGNATION - COORS ENERGY COMPANY
DOCKET #87-12 TRANSFER OWNERSHIP OF CERTIFICATE OF DESIGNATION - CIRCLE "M" PARTNERSHIP
DOCKET #87-9 USR-RECREATIONAL TRAIN FACILITY, CHARLES HOBDAY
NAME S ADDRESS HEAPING ATTENDING),"."..........S c "744o.97-a,71r C
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