HomeMy WebLinkAbout931438.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 5, 1993
TAPE 1193-10, #93-11, & 1193-12
The Board of County Commissioners of Weld County, Colorado, met
in regular session in full conformity with the law and bylaws of
said Board at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, April 5, 1993, at the hour
of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board
of County Commissioners meeting of March 31, 1993, as printed.
Commissioner Baxter seconded the motion, and it carried
unanimously.
CERTIFICATIONS
OF HEARINGS: Commissioner Hall moved to approve the hearings conducted on
March 31, 1993, as follows: 1) 3.2% Beer License, Kenneth
Spooner, dba Our Little Store; 2) Substantial Change Hearing,
Richard Schlagel; and 3) Create Arrowhead Subdivision Local
Improvement District 111993-1. Commissioner Webster seconded the
motion, and it carried unanimously.
ADDITIONS: There were no additions to today's agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it
carried unanimously.
COMMISSIONER
COORDINATOR
REPORTS: Commissioner Baxter reported he attended a State/Regional
meeting regarding Highway 392. The County should soon find out
about funding.
PUBLIC INPUT: There was no public input.
WARRANTS: Don Warden presented the following warrants for approval by the
Board:
General Fund $ 56, 137.44
Payroll Fund $ 9, 156. 45
Handwritten warrants:
Payroll Fund $ 1, 071. 16
931 438
Commissioner Webster moved to approve the warrants as presented
by Mr. Warden. Commissioner Baxter seconded the motion which
carried unanimously.
BUSINESS:
NEW: CONSIDER INTERGOVERNMENTAL AGREEMENT BETWEEN LARIMER, WELD, AND
MORGAN COUNTIES TO FORM UPPER FRONT RANGE TRANSPORTATION
PLANNING REGION AND AUTHORIZE CHAIRMAN TO SIGN: Drew
Scheltinga, County Engineer, stated new State legislation has
combined Larimer, Morgan and Weld Counties, except the North
Front Range Metro Planning Region, into one transportation
planning district. The funding will be 40% Larimer, 40% Weld,
and 20% Morgan County. Commissioner Hall moved to approve said
agreement and authorize the Chairman to sign. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER OPERATING AND FINANCIAL PLAN BETWEEN SHERIFF'S OFFICE
AND U.S.D.A. FOREST SERVICE, PAWNEE NATIONAL GRASSLAND, AND
AUTHORIZE THE CHAIRMAN TO SIGN: Kim Fliethman, Sheriff' s
Office, stated said agreement is similar to last year's, with
the addition of patrols to the Pawnee Buttes area. The rates
have been adjusted to $30 per hour. Commissioner Webster moved
to approve said plan and authorize the Chairman to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER APPOINTMENT OF LINDA M. DODGE AS DEPUTY CLERK TO THE
BOARD: Commissioner Kirkmeyer moved to appoint Linda M. Dodge
as Deputy Clerk to the Board, to replace Elizabeth Henson.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER TEMPORARY CLOSURE OF WELD COUNTY ROAD 89 BETWEEN WELD
COUNTY ROADS 122 AND 136; AND WELD COUNTY ROAD 78 BETWEEN WELD
COUNTY ROADS 27 AND 29: Commissioner Baxter moved to approve
said closures. Seconded by Commissioner Hall, the motion
carried unanimously.
CONSIDER RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE FOR D B
P, INC. , DBA PETER ANGELOS, AND AUTHORIZE CHAIRMAN TO SIGN:
Commissioner Kirkmeyer moved to approve said renewal and
authorize the Chairman to sign, contingent upon a favorable
report from the Sheriff's Office being received by the Clerk to
the Board. Seconded by Commissioner Webster, the motion
carried.
CONSIDER CANCELLATION OF GENERAL FUND WARRANTS FOR MARCH, 1993:
Commissioner Hall moved to approve cancellation of said
warrants. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
SECOND READING OF ORDINANCE NO. 172, IN THE MATTER OF REGULATION
OF THE USE OF CISTERNS FOR DRINKING WATER PURPOSES:
Commissioner Hall moved to read by title only. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Bruce
Barker, Assistant County Attorney, read the title of Ordinance
No. 172 into the record. There was no public testimony.
Commissioner Baxter moved to approve Ordinance No. 172 on second
reading. Seconded by Commissioner Webster, the motion carried
unanimously.
A recess was taken to allow the Board to complete the Social
Services agenda prior to the probable cause hearing.
(Let the record reflect that, upon reconvening, Lee Morrison is
acting as attorney of record. )
Minutes - April 5, 1993
Page 2
PLANNING: CONSIDER PROBABLE CAUSE HEARING FOR CENTRAL WELD/GREELEY-
MILLIKEN LANDFILL - WASTE SERVICES CORPORATION: (Let the record
reflect that Barbara Billings is acting as court reporter. )
Chairman Harbert read a statement regarding the procedure to be
followed for this Probable Cause Hearing and the procedure used
regarding speaking cards. Chuck Cunliffe, Director of Planning
Services, read the case summary into the record. After
discussion regarding procedure, John Pickle, Health Department,
summarized his memo of April 1, 1993, which is marked as Exhibit
GG. (Changed to Tape #93-11 while Mr. Pickle was speaking. )
Mr. Pickle submitted Exhibit PP - Hydrogeologic and Geotechnical
Characterization for the Central Weld Sanitary Landfill; Exhibit
QQ - October 5, 1992 Letter to Austin Buckingham, Colorado
Department of Health, regarding Confirmation Groundwater
Sampling; and Exhibit RR - October 23, 1992 Letter to Waste
Services Corporation regarding Expanded Hydrogeological
Investigation at the Central Weld Sanitary Landfill. Bill
Hedberg, Vice President and Site Manager of Waste Services
Corporation, presented Exhibit SS - Overview of Evidence in
Response to Probable Cause Allegations. Brad Kiernes, former
shareholder and former manager of Waste Services, reviewed the
history of the landfill from 1979 to 1991. Mr. Hedberg then
reviewed the history from 1991 to the present and spoke of the
environmental and operational considerations taken at the
facility. Leonard Butler, Environmental Manager of Waste
Services, reviewed environmental assessments, development,
operation and closure plans, and environmental commitments of
the facility. He explained four volatile organic compounds
(VOC's) were found which only slightly exceed drinking water
limits, and testing shows no leakage or metals. Two volatile
organic compounds were found in the landfill underdrain;
however, tests were negative for those compounds in the Spomer
Lakes. Mr. Butler explained the milky white color of the water
and odor are natural conditions and have nothing to do with the
landfill. Mr. Butler briefly described the remedial plan, which
is included in their application for an Amended Special Review
Permit and Amended Certificate of Designation. He described the
underdrain system which was installed in 1982, as well as the
french drain which was installed during 1991. The remedial plan
includes a system of run-on, and run-off perimeter ditches;
extending the existing french drain system in the northwest
portion of the landfill; adding an irrigation water control
system which will collect subsurface irrigation water from
upgradient sources and convey the water into the existing french
drain; and purchasing 100 acres of land east, south and west of
the existing site to be used as a buffer zone for remedial
measures and as a source of soils to be used in the operation
and closure of the facility. Mr. Butler acknowledged that
shallow groundwater immediately downgradient of the landfill
contains VOC's which are slightly above recognized standards.
He said Waste Services has committed to take actions to return
these concentrations back to acceptable levels with two
mechanisms: 1) re-designing the diversion trench and french
drain, and 2) evaluating the effectiveness of air sparging. Re-
designing the diversion trench and french drain system is
necessary to deal with the unnaturally high water table present
upgradient of the landfill, which they feel is due to off-site
irrigation practices. The re-designed system will effectively
reduce the water table in that location. Mr. Butler explained
air sparging is the process of injecting air into the
groundwater to achieve remediation of the groundwater and
saturated soils. Air injection wells are used to apply positive
air pressure to the aquifer and air bubbles contacting the
dissolved/absorbed compounds cause the compounds to volatilize.
The air carrying the volatilized compounds is allowed to migrate
to the ground surface. (Let the record reflect that Chairman
Harbert declared a ten-minute recess. )
Minutes - April 5, 1993
Page 3
Arthur Roy, Attorney representing Waste Services, Inc. ,
presented a synopsis of the alleged violations and his arguments
against each one. Mr. Roy argued that, should the Board
determine further action is necessary, this proceeding should be
continued to allow time for the application for the Amended
Special Use Permit and Amended Certificate of Designation to be
processed. Commissioner Webster questioned why the VOC's were
found in the area of discharge into the lake, but were not in
the waters of the lake. Mr. Butler explained that most likely
the evaporation process dispelled those compounds. Mr. Hedberg
made his closing comments, stressing the fact that Waste
Services found the problem through their testing program. They
arranged for testing through independent labs, and they plan to
address the problems through the amended permit process. Mr.
Hedberg and Mr. Butler responded to questions from Chairman
Harbert and Commissioner Hall regarding the diversion system and
-french drain system. In response to a query from Commissioner
Kirkmeyer, Mr. Roy discussed the various laws governing
landfills and their applicability during different phases of
this operation. (Let the record reflect that the meeting was
recessed for 11 hours. )
Chairman Harbert called upon Greg Hobbs, Attorney representing
the Ashton-Daniels Neighborhood Association, who presented the
Board with a number of Exhibits, marked AD-1 through AD-48. Mr
Hobbs explained his group is asking for a Show Cause Hearing, in
order to determine that violations are occurring at this
facility. Michael Hayes, adjacent landowner north of the
landfill, presented a petition to the Board requesting a public
hearing, which was marked as Exhibit TT. He reviewed portions
of the 1971 hearing and discussed his concerns over improper
dumping of animal carcasses, fires started at the landfill,
noise levels in the neighborhood, and hazardous traffic created
by the landfill. Mr. Morrison reminded Mr. Hayes of the purpose
of today's hearings, and Chairman Harbert requested those
wishing to speak state things relevant to the Probable Cause
Hearing. Also speaking from the Ashton-Daniels Neighborhood
Association, and in favor of scheduling a Show Cause Hearing,
were Myrtle Knister Telep, Sharon Davis, Madeline Daniels, Jane
Carlson, Leon Tomczak, Dennis Dakan, and Kent Hanson. Written
comments from Albion Carlson were also presented by this group.
Mr. Tomczak presented samples of water, one taken from the north
side of Spomer Lake #3 and the other from his kitchen sink.
These Exhibits were marked Exhibit UU and VV, respectively.
(Changed to Tape -1193-12. ) Mr. Hobbs submitted seven questions
to Mr. Morrison, to be addressed by Waste Services. Mr.
Morrison suggested the Chairman call on the representatives from
the State Health Department next, since they are unable to
remain for the entire afternoon. Glen Mallory, Colorado
Department of Health, responded to questions from the Board
concerning State regulations. Commissioner Hall asked if the
State Health Department had, at any point, approved this
landfill. Mr. Mallory responded that the State does not approve
landfills, they only recommend denial to the local Board when
the landfill cannot meet their criteria. In response to
questions from Commissioner Kirkmeyer, Mr. Mallory stated there
is no written documentation on this landfill. Barbara Taylor,
Environmental Engineer for Colorado Health Department, discussed
the discharge permit which is now in a review process. She
explained the permit was delayed due to the fact that she asked
for many more tests, which have been received. Ms. Taylor
explained the effect of Calcium and Magnesium volitizing in the
soil, the evaporation of those chemicals, and the result of odor
and milky-looking water. -After further discussion, Ms. Taylor
stated she cannot say whether the landfill is or is not
Minutes - April 5, 1993
Page 4
contributing to the environmental problems in the area. In
response to questions from Mr. Roy, Mr. Mallory said the
landfill does not constitute an immediate health hazard or
environmental risk; however, he would not want it to operate for
any length of time without remediation. Commissioner Kirkmeyer
and Chairman Harbert questioned Mr. Mallory further on State
regulations with and without Subtitle D Regulations, which will
be incorporated into State regulations later this year. (Let
the record reflect that a ten-minute recess was taken at this
time. )
Upon reconvening, Chairman Harbert asked for public testimony.
Those speaking in favor of setting a Show Cause Hearing were Dr.
Ray B. Knapp, June Kane for the Audibon Society, Bradley Carver
for the Colorado Public Interest Research Group, and Tom
Daniels. Various concerns raised were that more dumping will
occur along roadsides, too much waste is being trucked in from
outside Weld County, and the Health Department should collect
the samples instead of allowing Waste Services to collect.
Those speaking against setting a Show Cause Hearing were as
follows: Noel Hayes, Florence Kammerzell, Ella Marie Hayes,
Susanne Spomer Stephens, Jon Stephens, JB Merrill for Bunting
Trash Service, and Diane McMullin. Comments by these
individuals included the use of the buffer zone, water from the
lakes being tested and showing they were satisfactory for
irrigation and livestock, the Ashton-Daniels group include only
a -few neighbors, they have always had to use cisterns in that
area, closure at this time is not in the best interest of the
public, and the landfill is already making improvements to
remediate the situation. Mr. Roy answered Mr. Hobbs' questions
as follows: 1) the other landfills owned by Waste Services in
Weld County consist of one on Highway 14 west of Ault, and one
being near Keenesburg which will be reopened in about one year,
2) expected life of those landfills is 30+ years, depending on
Central Weld being open, 3) capacity is available at other
landfills if Central Weld is closed; however, it would not be
without extra expense, 4) the Keirnes family owned the landfill
from June, 1979 through July, 1991, and 5) Waste Services did
not file anything bearing the name of "Engineering Report and
Design Plan", nor are they aware of one being filed prior to
them owning the facility. During his continued rebuttal, Mr.
Roy answered the concerns raised by various citizens and earlier
testimony. He stressed that the failure to have a design plan
does not make the operation of this landfill illegal, and said
landfill was before this Board in various matters five times.
On those five occasions, they have never had questions raised
concerning the validity of their Certificate of Designation or
Special Use Permit. Mr. Roy also discussed the problems which
would be encountered by demanding preliminary closure. He
stated the County does not have any financial security or post-
closure care plan at present, and it would be simpler and
cheaper for Waste Services simply to close the facility now.
However, Waste Services feels it can comply, and it will comply.
Mr. Roy stated they are willing to pay the cost of complying
with the Federal standards. The Board questioned Mr. Morrison
about the County's legal position in regards to regulations if
closure happened now or in the future. Mr. Morrison responded
that extensive regulations will go into effect this fall, but
there will be a question of whether or not they apply. Mr.
Morrison discussed the possible grandfathering of -existing
landfills under those new regulations. After further discussion
with staff members clarifying points raised by various
witnesses, Commissioner Hall asked about the County's role in
monitoring the tests. Mr. Pickle discussed the standard
procedures used, whereby the lab doing the testing also does the
collection of the sample. After further questions of the Board
were answered by Mr. Morrison, Commissioner Kirkmeyer moved to
Minutes - April 5, 1993
Page 5
find there is probable cause to set a Show Cause Hearing. After
discussion, she included the date of October 13, 1993 at 10:00
a.m. in her motion. Commissioner Webster seconded the motion.
On roll call vote, the motion carried four to one, with
Commissioner Hall voting against said motion.
RESOLUTIONS AND
ORDINANCES: The Resolutions were presented and signed as listed on the
consent agenda. Ordinance No. 172 was approved on second
reading.
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
5:30 P.M.
//,lwi � APPROVED:
ATTEST: > 4/1//4 BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO ��
Weld County Clerk to the Board / irl�4ZirC L✓ ,;
�7 onstance L.
H,prbe/r/�9t,, Chairmaann¢
By: 714_40-747, 47, < '' 1 -T(/'v /L/j 'l `_ ,
Deputy Clerk to the Boa*: W. H. ebster, Pro- m `
G orge W. Baxte n —
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Dale K. Hall
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/Barbara J. Kirkmyr
Minutes - April 5, 1993
Page 6
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
APRIL 5, 1993
TAPE 1193-10
The Board of County Commissioners of Weld County, Colorado, met
in regular session as the Board of Social Services in full
conformity with the law and bylaws of said Board at the regular
place of meeting in the Weld County Centennial Center, Greeley,
Colorado, April 5, 1993, at the hour of 9:00 A.M.
ROLL CALL: The meeting was called to order by the Chairman and on roll call
the following members were present, constituting a quorum of the
members thereof:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Assistant Weld County Attorney, Bruce Barker
Acting Clerk to the Board, Carol Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board
of Social Services meeting of March 31, 1993, as printed.
Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
WARRANTS: Don Warden presented the warrants for approval by the Board in
the amount of $83, 669.59. Commissioner Baxter moved to approve
the warrants as presented by Mr. Warden. Commissioner Hall
seconded the motion, which carried unanimously.
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
9:15 A.M.
APPROVED:
ATTEST: / 7 /// BOARD OF COUNTY COMMISSIONERS
�A�frit �wil WEL ,COUNTY, COLORADO
Weld County Clerk to the Board
,, Constance L. Ha ber , Chairman
Deputy CTetk t the Board W. H. (,lebster, Prom
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•rge E. Baxter
Daly K. Hall's
Barbara J. Kirkm er
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