HomeMy WebLinkAbout911220.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - ROGGEN FEEDLOT (RICHARD
HESSEE) , C/O GARY DACUS
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 October 9, 1991, a Show Cause Hearing was conducted to consider
revocation of Special Use Permit 4208, issued to Richard Hessee/Roggen Feedlot,
and
WHEREAS, Gary Dacus is manager, and Richard Hessee is owner of said
facility being located on property described as part of the NE; of Section 25,
Township 2 North, Range 63 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of October 9, the Board deemed it advisable to
continue said matter to October 16, 1991, at 9:00 a.m. , to allow staff time to
review proposals to be submitted by Mr. Dacus, and to allow time for Mr. Dacus
to submit a financial guarantee to the Board, and
WHEREAS, at said hearing of October 16, 1991, the Board deemed it advisable
to accept Irrevocable Standby Letter of Credit No. 10, issued by the First
National Bank in Lamar, in the amount of $13,510.00, as well as a letter of
credit to be obtained on October 21, 1991 in the amount of $2,500.00, and
WHEREAS, the Board also deemed it advisable to accept the Dust Control Plan
submitted by Roggen Feedlot, Inc. , and to continue said hearing to November 27,
1991, at 10:00 a.m. , to allow Mr. Dacus time to comply with said permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Irrevocable Standby Letter of Credit No. 10, issued by the
First National Bank in Lamar, in the amount of $13,510.00 be, and hereby is,
accepted.
BE IT FURTHER RESOLVED by the Board that a letter of credit in the amount
of $2,500.00, to be obtained by Richard Hessee on October 21, 1991 be, and hereby
is, accepted.
BE IT FURTHER RESOLVED by the Board that the Show Cause Hearing concerning
Roggen Feedlot (Richard Hessee) , c/o Gary Dacus, be, and hereby is, continued to
November 27, 1991, at 10:00 a.m. , at which time all work must be completed or
Special Use Permit 4208 will be revoked.
PL0749
911220
Page 2
RE: SHOW CAUSE - ROGGEN FEEDLOT, C/O DACUS
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of October, A.D. , 1991.
'�j,,�/�
BOARD OF COUNTY COMMISSIONERS
ATTEST: man WELD COUNTY, OLO ADO
Weld County Clerk to the Board -
jy
/ Gord a , airman
BY: V cilidg(/� k igiA.; NAY
Deputy CXdrk to the Board o e Lennedy, Pro-Tem
APPROVED AS 0 FORM: �
Constance L. Har er
Cdr Y �e`� i �A�Count Attorney C. Kirb
ABSTAINED
W. H. Webster
-911220
HEARING CERTIFICATION
DOCKET NO. 91-34
RE: CONTINUATION OF SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE
PERMIT 1!208 - ROGGEN FEEDLOT (RICHARD HESSEE) , C/O GARY DACUS
A public hearing was conducted on October 16, 1991, at 9:00 A.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster - Abstained
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated September 18, 1991, and duly
published September 26, 1991, in The New News, a public hearing was conducted
concerning the continuation of the Show Cause Hearing to consider the revocation
of Special Use Permit 11208, issued to Richard Hessee/Roggen Feedlot. Lee
Morrison, Assistant County Attorney, made this a matter of record, and stated the
hearing was continued to consider acceptance of the financial guarantees and to
discuss the remaining work, and testimony should be limited to these matters.
Wes Potter, Health Department representative, reported he has received the
following for review: 1) A proposal from Larry Nelson Excavating for dirt work
to accomplish the completion of the feedlot runoff containment pond in the amount
of $13,510.00; 2) A proposal from Ries Electric, Inc. to wire stock tank heaters
at the feedlot in the amount of $14,654.00; 3) Two letters of credit from The
First National Bank in Lamar issued to Richard Hessee in care of Roggen Feedlot,
Inc. in the amount of $13,510.00, and $14,654.00; and 4) A dust control plan for
the feedlot. Mr. Potter reported that he has evaluated the proposals for work
and the letters of credit and finds them to be acceptable. The dust control plan
appears to be sufficient to handle dust problems at the lot and staff approves
of the proposal as submitted. Mr. Potter reported he has discussed with Gary
Dacus, manager of Roggen Feedlot, the possibility of using other options such as
continued use of the flow-through water system at the feedlot, including the
construction of a water infiltration system or leach field to dispose of the
water, in lieu of the electrical work. Staff has no problem with another option
being used in the place of the electrical work, so long as the effluent is not
diverted into the runoff containment pond. If it is diverted into the
containment pond, a certification from an engineer must be presented to verify
the pond is of sufficient capacity to handle the water. In response to Chairman
Lacy's question regarding a leach field, Mr. Potter stated he believes that would
be an adequate way to handle the problem. Commissioner Kirby questioned whether
the amount of the letters of credit is sufficient. Mr. Potter feels the
-electrical work is the most expensive of the options, therefore the letter of
credit in the amount of $14,654.00 would be sufficient to guarantee whatever work
was done. Mr. Morrison explained that the letters of credit presented are
different from the ones normally required by the Board, in that they do not name
the Board of County Commissioners as beneficiary, and the Board would not have
the ability to call the letter for payment. They are in the name of Richard
Hessee, and confirm the applicant has set aside specific amounts of money to be
used for each project. The one for the containment pond, in the amount of
$13,510.00, expires November 27, 1991; and the one for the water system, in the
amount of $14, 654.D0, expires one week from today. Michael Callahan, Attorney
-representing Roggen Feedlot, discussed the situation as it is now, and explained
t hat the applicant has not determined which method would be the most effective
to use. He stated the fact that Mr. Hessee has used his personal funds to obtain
t he letters of credit should prove to the Board that he is committed to solving
the problems and completing the work prior to the November 27th deadline. In
response to a question from Chairman Lacy, Mr. Morrison stated any public
testimony should be limited to specifics about the financial guarantee.
911220
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RE: HEARING CERTIFICATION - ROGGEN FEEDLOT, E/0 GARY DACUS
Commissioner Kirby questioned Mr. Callahan as to what guarantee the Board has
that the water or tank problem will be solved. Mr. Morrison stated that the
electrical work is the most expensive; therefore, the letter of credit in that
amount would certainly _.over one of the other options, if it is decided to solve
the water problem with another method. He reiterated that the water should not
be circulated into the containment pond, but the method of dealing with the
effluent is to be determined by the applicant. Commissioner Kirby again
questioned whether or not the applicant was willing to submit a general letter
of credit or financial guarantee to the Board, in order to guarantee his
performance in completing the work, and that it could not be done on a one week
term. Chairman Lacy summarized the discussion thus far, stating that something
will be done, and whatever method or option is chosen by the applicant, the work
must be completed by November 27, 1991. He also said the water cannot be
diverted into the containment pond unless an engineer's certification is received
proving the pond can handle the increased amounts. Failure to complete the
necessary work by November 27, 1991 will result in revocation of the Special Use
Permit. Commissioner Kirby stated it would be best to have an accepted plan or
a financial guarantee for the more expensive method. Mr. Callahan stated the
Board, by revoking the permit on November 27th, can guarantee the work will be
done. Commissioner Kennedy stated the permit should be revoked without further
ado on the 27th if the work is not totally finished. Commissioner Harbert moved
to accept the letter of credit for the containment pond, in the amount of
$13,510.00. There was no second to the motion. Mr. Hessee discussed the
possibility of solving the problem by freezing and chopping the ice. In response
to a question from Commissioner Kirby, Mr. Potter restated the original
allegations in the Probable Cause, which led to this Show Cause hearing, were the
containment pond being too small and the waste water being directed into the
containment pond which was overflowing onto surrounding property. Chairman Lacy
and Commissioner Kirby questioned the allegation that chopping ice is sufficient
to handle the problem, feeling the temptation would be there to let the tanks run
over instead of chopping ice. Gary Dacus stated that he would prefer not to chop
ice. The leach field sounds like a good solution, but he needs time to explore
that possibility. He stated that whatever solution is used, the water will not
flow into the containment pond. Commissioner Harbert questioned the cost of the
leach field. Mr. Potter said it would be approximately $2,500.00. Discussion
continued as to possible solutions to the problem with the water.
_Let the record reflect that a recess was taken at this time.
Upon reconvening, Mr. Dacus stated they are willing to guarantee the $2,500.00
estimated cost for the leach field. He stated the leach field may not be the
option decided upon, but when the $14,654.00 letter of credit expires in one
week, they will obtain another letter _of credit in the amount or $2,500.00 to be
in effect until November 27, 1991. Commissioner Kirby questioned whether that
is a sufficient amount. Mr. Potter stated yes, but would like to reiterate the
water cannot go into the containment -pond. In response to a question from
Commissioner Harbert, Mr. -Potter stated there is physically enough room to
construct a leach field. Mr. Morrison stated the wording in the letter of credit
can be done to reference the work done in accordance with a plan, approved by the
Health Department and directed toward avoiding runoff of water into the
containment pond. Commissioner Harbert moved to accept the letter of credit in
the amount of $13,510.00 for dirt work to accomplish the completion of the runoff
containment pond. Seconded by Commissioner Kirby, the motion carried three to
one, with Commissioner Kennedy voting against the motion. After discussion on
the amount of financial guarantee to be posted for the water system, Commissioner
Kirby questioned Mr. Hessee as to whether he would confirm the commitment made
by Mr. Dacus to complete the work by November 27, 1991. Mr. Hessee stated, for
the record, that he confirms said commitment. Commissioner Kirby moved to accept
a letter of credit in the amount of $2,500.00 for the watering system, to be
completed by November 27, 1991. Seconded by Commissioner Harbert, the motion
carried three to one, with Commissioner Kennedy voting against the motion.
Commissioner Harbert moved to accept the dust control plan, and to continue the
Show Cause Hearing to November 27, 1991 at 10:00 a.m. , at which time the permit
will be revoked if all issues are not resolved and all work is not completed.
911220
Page 3
RE: HEARING CERTIFICATION - ROGGEN FEEDLOT, C/O GARY DACUS
Seconded by Commissioner Kirby, the motion tarried three to one, with
Commissioner Kennedy voting against aid -motion.
This Certification was approved on the ilst day of October, 1991.
APPROVED:
ATTEST: 442)4440441 BOARD OF COUNTY COMMISSIONERS
WELD COUN Y . OLORADO
Weld County Clerk j ,tto the Board
BY: al) { /) / � tiPi n 2 G . La y, airman
Deputy Cl4k to -the Board
✓✓✓✓✓✓ Geo e Kennedy, so-Tem
TAB 1191-29
ADZ �S 6�. ./.;A L 14''
Constance L. Harber
DOCKET 1191-54
4 ' /"/12:-
C. W. Kirby
PL0749
ABSTAINED
W. H. Webster
911220
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